Loading...
20120509 BMMIAMI BEACH City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive May 9, 2012 Mayor Matti Herrera Bower Vice-Mayor Jerry Libbin Commissioner Jorge R. Exposito Commissioner Michael G6ngora Commissioner Edward L. Tobin Commissioner Deede Weithorn Commissioner Jonah Wolfson City Manager Jorge M. Gonzalez City Attorney Jose Smith City Clerk Rafael E. Granado 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, tfle Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without reaching all agenda items. Call to Order-9:00a.m. Inspirational Message, Pledge of Allegiance Requests for Additions, Withdrawals, and Deferrals The City Commission will recess for lunch at approximately 1:00 p.m. Presentations and Awards Regular Agenda PA Presentations and Awards R2 Competitive Bid Reports R5 Ordinances Consent Agenda R7 Resolutions C2 Competitive Bid Reports R9 New Business & Commission Requests C4 Commission Committee Assignments R 1 0 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, May 9, 2012 Presentations and Awards PA 1 Certificates Of Recognition To Be Presented To Select Students And Teachers Of The Miami- Dade County Public Schools For The 2011-12 School Year And A Recognition Of Miami Beach's Achievement Of IB Authorization In Every Public School. (Requested by Mayor Matti Herrera Bower) PA2 Proclamation To Be Presented In Honor Of National Beach Safety Week, May 22-29, 2012 And Rip Current Awareness Week, June 3 -9, 2012. (Requested by Mayor Matti Herrera Bower) PA3 Presentation On The State Of The Tourism And Travel Industry By William Talbert, President & CEO Of The Greater Miami Convention & Visitors Bureau And Recognition Of National Travel And Tourism Week. (Requested By Mayor Matti Herrera Bower) CONSENT AGENDA Action: Moved: Seconded: Vote: C2 -Competitive Bid Reports C2A . Request For Approval To Award Contracts To Midwest Medical Supply, LLC; Bound Tree Medical, LLC; Physic-Control, Inc.; Zoll Medical Corporation; Vidacare Corporation; Henry Schein, Inc.; Quadmed, Inc.; And Guardian EMS Products, Pursuant To Invitation To Bid (ITB) No. 13-11/12, For The Purchase Of Medical Supplies, In The Estimated Annual Amount Of $263,400. (Fire Department/Procurement) C2B Request For Approval To Reject All Bids Pursuant To Invitation To Bid (ITB) No. 12-10/11, For ·The Purchase And Installation Of Enterprise Audio And Video Systems For The Information Technology Division (IT) Training Rooms. (Information Technology /Procurement) C2C Request For Approval To Award A Contract To Bio Response Corporation, Pursuant To Invitation To Bid (ITB) No. 16-11/12, For Sic-Hazardous Waste Cleaning, In The Estimated Annual Amount Of $26,450.00. (Police Department/Procurement) 2 2 Commission Agenda, May 9, 2012 C2-Competitive Bid Reports (Continued) C2D Request For Approval To Cancel Request For Proposals (RFP) No. 26-11/12 For The Removal And Disposal Of Derelict Vessels And, In The Alternative, To Issue A Request For Qualifications (RFQ) For The Services. (Procurement) C2E . Request For Approval To Award Contracts To The Following Vendors: Miami Elevator Inspection, A-1 Elevator Inspection, Inc. And Up & Down Elevator Inspection As The Lowest And Best Bidders, Pursuant To Invitation To Bid No. 33-11/12, For Elevator Inspection Services In The Estimated Annual Amount $240,000; And Further Approving A Month To Month Extension Of The Current Elevator Inspection Services Contract With Miami Elevator Inspection, Dade Elevator Inspection And Consulting Services, And Vertical Assessment Associates, Expiring On April 30, 2012 (The Current Contract), With Said Extension Commencing Retroactively On May 1, 2012, And Terminating, For Convenience And Without Cause, At Such Time As A Contract With The Successful Proposer Is Executed. (Building/Procurement) C4 -Commission Committee Assignments C4A Referral To The Neighborhood/Community Affairs Committee-Consideration Of An Agreement ·Between The City And Temporary Entertainment, LLC, For The Presentation Of "Orchid", A Live Theatrical And Musical Performance Within A Spiegeltent And The Installation Of Ancillary Food And Beverage Services And Entertainment Areas, To Be Located At The Collins Park Spoil Area, Between 21st And 22"d Streets. (Tourism & Cultural Development) C4B Referral To The Neighborhood/Community Affairs Committee -Discussion Regarding Whether . The City Should Enter Into A New Lease Agreement With Design Miami To Hold The December Design Miami Show In The Preferred Parking Lot, For Specific Dates In 2013, 2014, 2015, 2016, And 2017. (Tourism & Cultural Development) C4C Referral To The Neighborhood/Community Affairs Committee -Discussion Concerning The Timing Of The Usage Of The City Of Miami Beach's Leaf Blowers. (Requested by Commissioner Michael Gongora) 3 3 Commission Agenda, May 9, 2012 CS -Commission Committee Reports C6A Report Of The Capital Improvement Projects Oversight Committee Meeting On March 19, 2011: · 1) Attendance. 2) Review And Acceptance Of Minutes. 3) Accomplishments: 3A) Completion Of Fire Station #2 Historic Building And Hose Tower. 4) Public Comments. 5) Old Business/Requested Reports: 5A) Status Report: Normandy Isle Neighborhood; 58) Discussion: Biscayne Point Neighborhood Improvement Project; 5C) Status Report: Sunset Islands I & II; 50) Status Report: Sunset Islands Ill & IV; 5E) Status Report: Lower North Bay Road; 5F) Status Report: Venetian Islands; 5G) Status Report: Palm And Hibiscus Island Undergrounding. S) Commission Items: SA) RFQ For Construction Management Service; SB) Flamingo Park Tennis Center Project. SC) Collins Park Garage. C6B Report Of Neighborhood/Community Affairs Committee Meeting On April 24, 2012: 1) Discussion Regarding Licensing And Authorization Requirements For Mobile Food Trucks And Proposal For A City Sponsored Food Truck Festival. 2) Discussion Regarding Communications About The Progress Of Projects And Construction To The Local Residents. 3) Quarterly Crime Statistics (Recurring Item On A Quarterly Basis). 4) Quarterly Project Status Report. (FDOT Alton Road Project). 5) Quarterly Reports Regarding Washington Avenue. S) Film Permits: Sa) Discussion Regarding The Guidelines For Film Permits Issued In Residential Neighborhoods. Sb) Discussion ·Regarding Proposed Amendments To The City's Film And Print Guidelines. 7) Discussion Regarding The Fine Schedule For A Proposed Ordinance Amending The Following Chapters In The Code Of The City Of Miami Beach To Provide Civil Enforcement And Penalty Provisions To Replace Criminal Misdemeanor Enforcement And Penalty Provisions As Follows: Amending Chapter 70 Entitled "Miscellaneous Offenses," By Amending Article I, Entitled "In General," By Amending Section 70-6, Entitled "Penalties," To Provide Civil Penalties And Special Master Enforcement Provisions Relative To The Prohibitions In Chapter 70, Except For Violations Of Section 70-3 Entitled "Vibration"; By Amending Chapter 74 Of The Miami Beach City Code . Entitled "Peddlers And Solicitors," By Amending Article I, Entitled "In General," By Amending Section 74-1 Entitled "Soliciting Business In Public From Pedestrians," By Providing That The Solicitation Of Any Food, Beverage Or Service Is Also A Prohibited Activity And Providing Civil Penalties And Special Master Enforcement Provisions; By Amending Chapter 82 Of The Miami Beach City Code Entitled "Public Property," By Amending Article I, Entitled "In General," By Amending Section 82-1, Entitled "Conducting Business On Streets, Parks Or Other Public Property," By Providing Civil Penalties And Special Master Enforcement Provisions; Providing For Repealer; Severability; Codification; And An Effective Date. (Deferred To Future Meeting). 8) Discussion Regarding The 41st Street Life Safety Recommendations From The Committee For ·Quality Education. 9) Discussion Regarding Mass Transit Connectivity Within Miami Beach And Within Miami-Dade County. 10) Discussion Regarding A Resolution Granting And Authorizing The Mayor And City Clerk To Execute An After-The-Fact Revocable Permit To ASR Berwick Family LTD Partners, As Owner Of The Commercial Property Located At 335 West 47th Street, To Retain A/C Units, A Utility Room, And A Trash Enclosure, Currently Placed Within The Public City Right-Of-Way On West 47th Court. C6C Report Of The Joint Neighborhood/Community Affairs And Land Use And Development ·Committees Meeting On April 24, 2012: 1) Discussion Regarding A Possible Charter Amendment Restricting The Manner In Which Changes To Current Land Use Regulations Can Be Made. 4 4 Commission Agenda, May 9, 2012 C6 -Commission Committee Reports (Continued) C6D Report Of The Finance And Citywide Projects Committee Meeting On April 19, 2012: 1) Discussion Regarding New Recycling Bins Throughout The ROW On The Beach. 2) Discussion Regarding Amendments To The Recycling Ordinance. 3) Discussion Regarding Advertising On . Deco Bike Stations, Its Economic Impact To The City And The Enhancement Of The Deco Bike Program. 4) Request For Approval To Issue A Request For Qualifications (RFQ) For A Fourth Solid Waste Franchise Contractor To Provide Commercial Waste Collections And Disposal Services. 5) Ordinance Amending Penalty Charges For Late Utility Bills. 6) Status Report And Update On Recent Building Department Accomplishments And Activities, Including A Status Report On Implementation Of Recommendations In The Watson Rice Study, The Development Review Process Stakeholder Committee, And Other Recent Initiatives And Charges Undertaken By The Building Department. 7) Discussion Regarding Placing A Referendum Item On The Next Available Ballot To Increase The Miami Beach Resort Tax On Hotel Rooms By One Additional ·Penny To Support The Enhancement And Expansion Of The Miami Beach Convention Center. 8) Discussion Regarding Citywide Janitorial Services For An Amendment To Add The Following Locations: Historic City Hall; Police Substation; North End Ocean Rescue Headquarters; And Beachfront Restrooms; And Increasing The Contract, In The Amount Of $17,473.74 Per Month. 9) Discussion Regarding To A Retail Lease Agreement With Mr. R Sports, Inc. Involving Suites 1 Through 4 In The Anchor Shops, Located At 1550 Collins Avenue. 10) Discussion Regarding A City Code Amendment To Establish The Position Of Condominium Ombudsman In The City Of Miami Beach. 11) Discussion Of The Current Management And Operations Of The City Of Miami Beach Golf Courses, Clubhouses And Related Facilities And Options/Direction For The Future Management Agreement. 12) Discussion Regarding Assigning Funds For Placement Of A Fence Around South Pointe Park Tot Lot Area. 13) Discussion On The Normandy Shores Park At Its Existing Area Next To The Tennis Courts To Include A Vita Course Equipment, Trees, Benches And An Open Area For Children To Run And Play And People To Sit And Enjoy The View. 14) Discussion Regarding A Renewal Of The Current Management Agreement Between The City Of Miami Beach And The Miami Beach Garden Conservancy For The Management And Operation Of The Botanical Garden; As Well As A Proposal To Increase The Rental Rates For Use Of The Facility. 5 5 Commission Agenda, May 9, 2012 C7 -Resolutions C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit The Following Applications: 1) Fiscal Year 2012 Edward Byrne Memorial Justice Assistance Grant (JAG) Program For Funding In The Approximate Amount Of $62,236 For City's Police Department Priorities; 2) Florida Department Of State, Division Of Cultural Affairs, Culture Builds Florida Program For Funding In The Approximate Amount Of $25,000 For Sleepless Night 2013; And The Following Grant Contract Renewals: 3) Approval To Accept A Contract Renewal From . The Children's Trust For The Early Childhood Development Program For Funding In The Approximate Amount Of $150,000 For The City's Parent-Child Program; 4) Approval To Accept A Contract Renewal From The Children's Trust For The Service Partnership Program For Funding In The Approximate Amount Of $282,000 For The City's Success University Program; 5) Approval To Accept A Contract Renewal From The Children's Trust For The Out-Of-School Program For Funding In The Amount Of $309,180 For The City's Afterschool And Summer Programs; 6) Approval To Accept A Contract Renewal From The Children's Trust For The Youth Development Program For Funding In The Approximate Amount Of $124,061 For The City's Morning All Stars Program; Appropriating The Above Grants, Matching Funds And City Expenses ·Related To The Above Projects As Necessary, If Approved And Accepted By The City, And Authorizing The Execution Of All Documents Related To These Applications. (Budget & Performance Improvement) C7B A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Firms, Pursuant To Request For Qualifications (RFQ) No. 19-11/12, To Provide Public Information Services On Right-Of-Way And Facilities Construction Projects; Authorizing The . Administration To Enter Into Negotiations With The Three (3) Top-Ranked Proposers: Infinite Source Communications Group, Quest Corporation Of America, Inc., And Media Relations Group, LLC.; And Further Authorizing The Mayor And City Clerk To Execute Agreements Upon Completion Of Successful Negotiations. (Capital Improvement Projects/Procurement) C?C A Resolution Approving The Neighborhood/Community Affairs Committee's Recommendation To Implement A Pilot Food Truck Pilot Program To Take Place In North Beach. (Economic Development) C7D A Resolution Approving A Preconstruction Application For Historic Ad Valorem Tax Exemption For A Single-Family Property At 1815 Michigan Avenue, And Authorizing The Miami-Dade County Property Appraiser's Office To Grant This Tax Exemption For The City's Portion Of Ad Valorem Property Taxes For Qualifying Improvements To The Subject Property Following Substantial Completion Of The Project And Compliance With Certain Conditions. (Planning Department) 6 6 Commission Agenda, May 9, 2012 C7-Resolutions (Continued) ·"' C7E A Resolution Approving A Preconstruction Application For Historic Ad Valorem Tax Exemption For A Single-Family Property At 4245 North Meridian Avenue, And Authorizing The Miami-Dade County Property Appraiser's Office To Grant This Tax Exemption For The City's Portion Of Ad Valorem Property Taxes For Qualifying Improvements To The Subject Property Following Substantial Completion Of The Project And Compliance With Certain Conditions. (Planning Department) C7F A Resolution Approving And Authorizing The City Manager To Execute Various Locally Funded ·Agreements And Memoranda Of Agreements, In Substantially The Attached Form, With The Florida Department Of Transportation, For Construction And Maintenance Of Off-System Drainage Improvements; And For Construction And Maintenance Of Landscape, Irrigation And Bonded Aggregate Paving, As Part Of FOOT's State Road 907/Aiton Road Project From 5th Street To Michigan Ave With Funding In The Amount Of $125,000. (Public Works) C7G .A Resolution Setting A Public Hearing For The June 6, 2012, City Commission Meeting, To Consider Granting A Revocable Permit To Marriott Seville, As The Owner Of The Property Located At 1901 Collins Avenue, To Allow For Decorative Eyebrows To Extend 3 Feet Into And 97 Feet Radially Along The Public Right-Of-Way Of 29th Street And To Extend 3 Feet Into And 354 Feet Along The Public Right-Of-Way Of 30th Street. (Public Works) (Memorandum & Resolution to be Submitted in Supplemental) C7H ·A Resolution Setting A Public Hearing At Its June 6, 2012 Meeting To Consider Granting A Revocable Permit For CG Tides, LLC, CG Tides Village, LLC, CG Tides Village I, LLC And CG Tides Village II, LLC; Owners Of The Properties Located At 1220 Ocean Drive And 1201, 1221 And 1225 Collins Avenue, For A Proposed Elevated, Covered Pedestrian Bridge That Spans The 20' Public Right-Of-Way Of Ocean Court For A Width Of 9'1" With A Minimum Vertical Height Of 15' Above Ocean Court. (Public Works) {Memorandum & Resolution to be Submitted in Supplemental) End of Consent Agenda 7 7 Commission Agenda, May 9, 2012 REGULAR AGENDA R5 -Ordinances R5A 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 11 0-191, Entitled "Payment Of Bills," By Amending 110-191 (B) By Changing The Penalty For Late Utility Bills From Ten Percent Of The Current Bill To 1.5% Per Month Of The Late Outstanding Balance; Providing For Repealer, Severability, Codification And Effective Date. 10:15 a.m. Second Reading Public Hearing (Requested by Commissioner Jonah Wolfson) (Legislative Tracking: Finance Department) (Continued from March 21, 2012/Referred to FCWPC) R5B An Ordinance Amending Chapter 82, Of The Code Of The City Of Miami Beach, Entitled "Public Property," By Amending Article VI, Entitled "Naming Of Public Facilities And Establishment Of Monuments Or Memorials," By Amending Section 82-504, Entitled "Monuments Or Memorials," By Adding Criteria To Provide That: A) Only The Mayor Or Member Of The City Commission May Propose The Establishment Of A Monument Or Memorial; B) That The Mayor And City · Commissioners Shall Each Be Limited To Proposing The Establishment Of One Monument Or Memorial Per Term Of Elected Office; C) Any Person To Be Recognized By The Establishment Of A Monument Or Memorial Must Be In Good Standing In The Community And If, After The Honor Is Bestowed, The Person Is Convicted Or Adjudicated Guilty Of A Felony, The Name Of The Person Shall Be Removed From Such Monument Or Memorial Or The Memorial Itself May Be Removed, Without Resulting Liability To The City; And Providing For Repealer, Severability, Codification, And An Effective Date. 11:00 a.m. Second Reading Public Hearing (Requested by the Neighborhood/Community Affairs Committee) (Legislative Tracking: Parks & Recreation) (First Reading on March 21, 2012/Referred to NCAC) R5C Rooftop Small Wind Turbines An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142 Of The City Code, "Zoning Districts And Regulations," Article II, "District Regulations," Division 2, RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts, Section 142-105(e), "Height Restrictions," By Amending The Height Regulation Exceptions To · Permit Small Roof Wind Turbines Up To 10 Feet Above The Main Roofline; And Amending Article IV, "Supplementary District Regulations," Division 5, "Height Regulations," By Amending Section 142-1161 ," To Permit Roof Wind Turbines Subject To Certain Restrictions And Conditions; Providing For Repealer, Severability, Codification, And An Effective Date. 11:05 a.m. Second Reading Public Hearing (Requested by Commissioner Edward L. Tobin) (Legislative Tracking: Planning Department) (First Reading on April 11, 2012) 8 8 Commission Agenda, May 9, 2012 R5 -Ordinances (Continued) R5D Vacant Storefront Screens And Signs An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 138, Entitled "Signs", By Amending Article IV, Entitled "Temporary Signs", By Creating A New Section 138-140, Entitled "Vacant Storefront Screens And Signs," . Providing For Repealer, Codification, Severability And An Effective Date. 11:10 a.m. Second Reading Public Hearing (Requested By Vice-Mayor Jerry Libbin) (Legislative Tracking: Planning Department) (First Reading on April 11, 2012) R5E An Ordinance Amending Chapter 12 Of The Miami Beach City Code, Entitled "Arts, Culture And Entertainment," By Amending Article II Thereof, Entitled "Special Events," By Amending Section 12-5, "Special Events Permits" To Provide Clarification To Special Event Applicants Under Provision (5); By Providing Enforcement And Penalties For The Violation Of Section 12,-5 As Set Forth In Provision (9); And Providing For Repealer, Codification, Severability, And An Effective Date. 11 :30 a.m. Second Reading Public Hearing (Requested by the Neighborhood/Community Affairs Committee) (Legislative Tracking: Tourism & Cultural Development) (First Reading on April 11, 2012) R5F · Recycling Ordinance An Ordinance Amending Chapter 90 Of The Miami Beach City Code, Entitled "Solid Waste," By Amending The Definitions In Article I, Entitled "In General," By Amending Section 90-2, Entitled "Definitions"; By Amending Article II, Entitled "Administration" By Amending The Penalties For Solid Waste Violations And To Provide Provisions And Penalties Relative To Recycling For Multifamily Residences And Commercial Establishments; By Creating Article V, To Be Entitled "Citywide Recycling Program For Multifamily Residences And Commercial Establishments," To Provide Provisions For Recycling Requirements And Enforcement, A Public Education Program, A Warning Period, An Enforcement Date, Requirements For Recycling Contractors, Penalties, And Special Master Appeal Procedures; Providing For Repealer, Severability, Codification, And An Effective Date. First Reading (Requested by Commissioner Jonah Wolfson) (Legislative Tracking: Public Works) (Continued from March 21, 2012/Referred to FCWPC) R5G An Ordinance Amending The Land Development Regulations Of The City Code, Chapter 118, ·"Administration And Review Procedures," By Creating A New Article XII, "Maintenance And Security Bonds," Establishing Definitions And Requirements For Property Owners Applying For Development Review Approval For Substantial Construction Wo~k To Ensure That Their Properties Are Properly Maintained And Secured Until Completion Of Work; Providing For Codification, Repealer, Severability, And An Effective Date. First Reading (Requested by Commissioner Edward L. Tobin) (Legislative Tracking: Planning Department) 9 9 Commission Agenda, May 9, 2012 RS -Ordinances (Continued) R5H An Ordinance Amending Chapter 70 Of The Miami Beach City Code Entitled "Miscellaneous Offenses," By Amending Article II, Entitled "Public Places"; By Amending Division II, Entitled "Bicycling, Skateboarding, Roller Skating, In-Line Skating, And Motorized Means Of Transportation," By Amending Section 70-66, Entitled "Definitions," By Adding A Definition For Bicycle Path; And By Amending Section 70-67, Entitled "Prohibited Activities," By Amending The Prohibitions Regarding Motorized Means Of Transportation, Including Electric Personal Assistive Devices (Also Known As Segways), By Rewording The Provisions Therein And Conforming The . Language To State Law; By Restricting The Speed Of Electric Personal Assistive Devices To Six (6) MPH On All City Sidewalks, Sidewalk Areas, And Bicycle Paths; And By Prohibiting The Operation Of Electronic Personal Assistive Mobility Devices On Interior Pathways Within South Pointe Park And Collins Park; By Amending Section 70-68, Entitled "Exemptions," By Exempting The Use Of Electric Personal Assistive Mobility Devices By City Police And City Contracted Services From The Restrictions Of Division II; By Amending Section 70-69, Entitled "Responsibilities Of Bicyclists And Skaters," By Adding Responsibilities For Persons Operating Electric Personal Assistive Mobility Devices; By Amending Section 70-70, Entitled "Penalties," To Provide For Responsibilities Of Businesses Providing Rentals And Tours Of Electric Personal · Assistive Mobility Devices; By Creating Section 70-71, To Be Entitled "Penalties" To Provide Civil Penalties In Addition To Existing Non-Criminal Infraction Penalties For The Violation Of Certain Provisions In Chapter 70, Article II, Division II; Providing For Repealer; Severability; Codification; And An Effective Date. First Reading (Requested by Commissioner Deede Weithorn) (Legislative Tracking: Public Works) R7 -Resolutions R7 A A Resolution Setting Forth An Order [Granting Or Denying] An Appeal Request Filed By The City Manager Of The City Of Miami Beach, On Behalf Of The City Administration, Pertaining To A Decision Of The Design Review Board ("ORB") For The Property Located At 1 Washington Avenue-South Pointe Park (File No. 22894). 10:20 a.m. Public Hearing (Parks & Recreation/City Attorney's Office) R7B A Resolution Granting A Revocable Permit To Bay Road Outparcel Partners, LLC, As The Owner Of The Property Located At 1916 Bay Road, To Allow For A Decorative Metal Eyebrow To Extend 4 Feet Into And 48 Feet Along The Public Right-Of-Way, And A Minimum Of 11.5 Feet Above The Sidewalk. 11:15 a.m. Public Hearing (Public Works) (Memorandum & Resolution to be Submitted in Supplemental) R7C A Resolution Accepting The Neighborhood/Community Affairs Committee's Recommendations On March 27, 2012 Regarding The Ad Hoc Tennis Committee's Mission Statement And, Further, Creating The Ad Hoc Tennis Committee With Said Mission Statement, And The Membership, Purpose, Duration, And Functions As Set Forth In This Resolution. (Parks & Recreation/City Attorney's Office) (Deferred from April 11, 2012) 10 10 Commission Agenda, May 9, 2012 R7 -Resolutions (Continued) R?D A Resolution Revising The "Special Events Requirements And Guidelines," By Amending The Following Sections: "Application Procedure," "Weddings And Ceremonies," "Product Promotion/ Temporary Sampling", "Minimum Requirements," "Internal Review Procedure," "External Review Procedure," "Vehicle Access Policy," "Booking Policy," "Concession Agreements," "Use Of Public Property," "Enforcement And Penalties;" And Further Amending The Special Event Fee Schedule, And Hereby Permitting And Restricting Further Uses On Public Property. (Tourism & Cultural Development) R7E A Resolution Amending Resolution No. 2012-27888 And Appointing As The City ·Of Miami Beach Representative For Membership On The Miami-Dade County Charter Review Task Force. (City Attorney's Office) R7F Resolutions Calling For A Special Election 1. A Resolution Calling For A August 14, 2012 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 August 15, 2012, Before Becoming Effective, Any Change To Chapter 118, Article II, Division 4 Of The City Code ("Historic Preservation Board"), Or To Chapter 118, Article X, Divisions 1-4 ("Historic Preservation"), That 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? 2. A Resolution Calling For A August 14, 2012 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 August 15, 2012, And Before Becoming Effective, Any Change To The City's Land Development Regulations That Allows Increased Maximum Building Heights In Local Historic Districts Shall First Be Approved By A Majority Of Voters In A Citywide Election? (Requested By Mayor Matti Herrera Bower) (Legislative Tracking: City Attorney's Office) R7G A Resolution Calling For An August 14, 2012 Special Election, For The Purpose Of Submitting To ·The Electorate Of The City Of Miami Beach A Question Asking Whether Section 5.03 Of The Miami Beach City Charter Should Be Amended To Increase, By One Percent (1%), The Resort Tax On Room Rent, With Such Increase To Be Used Solely For Purposes Of Expanding, Enlarging, Renovating, And/Or Improving The Miami Beach Convention Center, Including The Payment Of Debt Service Related Thereto? (Requested by Mayor Matti Herrera Bower) (Legislative Tracking: City Attorney's Office) 11 11 Commission Agenda, May 9, 2012 R7 -Resolutions (Continued) R7H A Resolution Calling For An August 14, 2012 Special Election, For The Purpose Of Submitting To The Electorate Of The City Of Miami Beach, Florida, A Question Asking Whether Section 2.04 Of The Miami Beach City Charter Should Be Amended To Provide That, In Addition To Being Called By The Mayor Or City Manager, Special Meetings Of The City Commission May Be Called By A ·Majority Of The Members Of The Commission Upon Written Notice To The City Clerk And In Accordance With The Procedures Set Forth In A Resolution Of The City Commission. (Requested by ComiT]issioner Jonah Wolfson) R71 A Resolution To Consider Granting An Extension Of The Current Franchise Agreements For Commercial Solid Waste Contractors Or, In The Alternative, Requesting Approval To Issue A Request For Qualifications (RFQ) For A Fourth Solid Waste Franchise Contractor To Provide Commercial Waste Collection And Disposal Services. (Public Works) (Memorandum & Resolution to be Submitted in Supplemental) R7 J Resolutions Authorizing Agreements With Various External Entities To Assist The City In Implementing The Action Plan To Address Potential Corruption And Misconduct: 1. A Resolution Authorizing The City Manager And City Clerk To Execute A Memorandum Of Understanding Between The City, On Behalf Of Its Police Department, And The Federal Bureau Of Investigation, Miami Area Corruption Task Force, Which Serves The Purpose Of Identifying And Prosecuting Public Officials And Law Enforcement Officers At The Federal, State, And Local Levels Of Government Involved In Public Corruption Throughout The Southern District Of Florida. 2. A Resolution Authorizing The City Manager To Solicit The Services Of A Qualified Firm(s) To Audit The Processes Of Certain Regulatory Departments Or Divisions, In An Amount Not To Exceed $150,000, And Authorizing The City Manager And The City Clerk To Execute An Agreement For Such Services With The Selected Firm(s). 3. A Resolution Authorizing The City To Enter Into An Agreement With Miami-Dade County, On Behalf Of The Miami-Dade County Commission On Ethics And Public Trust, To Develop And Provide A Comprehensive Ethics Training Program For City Employees Who Hold Positions That Are In Regulatory Areas Of The City. 4. A Resolution Authorizing The City To Execute An lnterlocal Agreement Between Miami- Dade County, On Behalf Of The Miami-Dade County Office Of The Inspector General (MDCOIG), And The City, To Authorize The MDCOIG To Provide Independent Investigations Into City Practices And Operations In Order To Prevent And Detect Fraud, Waste, Financial Mismanagement, Employee Misconduct Or Other Abuses. (Police/Building/Human Resources) (Memorandum & Resolutions to be Submitted in Supplemental) 12 12 Commission Agenda, May 9, 2012 R9 -New Business and Commission Requests R9A Board And Committee Appointments. (City Clerk's Office) R9A 1 Board And Committee Appointments -City Commission Appointments. (City Clerk's Office) R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.) R9C Discussion Regarding North Beach And Murder Of A 16 Year Old Boy At 75th Street And Ocean Terrace. (Requested by Commissioner Edward L. Tobin) R9D Discussion Regarding A Request To Waive The Colony Theater Rental Fee For The Film Life Foundation, A Non-Profit Which Is Producing The American Black Film Festival, June 20-23. (Requested by Mayor Matti Herrera Bower) R9E Discussion Regarding Healthy Initiatives Being Implemented By The Parks And Recreation Department In The City Of Miami Beach. (Requested by Commissioner Jorge R. Exposito) R9F Discussion To Amend The City Rules And Procedures So That Our City Employees Know That They Should Bring Forward Information Regarding Any Wrongdoing. (Requested by Vice-Mayor Jerry Libbin) R9G . Discussion Regarding: 1) Complacency And Accountability Of The Administration; And 2) City Manager's Tenure. (Requested by Commissioner Edward L. Tobin) R9H Discussion Regarding The Dismissal Of The City Manager. (Requested by Commissioner Jonah Wolfson) 13 13 Commission Agenda, May 9, 2012 R1 0 -City Attorney Reports R 1 OA City Attorney's Status Report. (City Attorney Office) Reports and Informational Items Reports and Informational Items (see LTC No. 116-2012) End of Regular Agenda 14 14 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THE REGULARLY SCHEDULED MEETINGS OF THE CITY COMMISSION ARE ESTABLISHED BY RESOLUTION. SCHEDULED MEETING DATES ARE AVAILABLE ON THE CITY'S WEBSITE, DISPLAYED ON MBTV 77, AND ARE AVAILABLE IN THE CITY 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 adjournment 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. 2. Prior to every Commission meeting, an Agenda and backup material are published by the Administration. Copies of the Agenda may be obtained at the City Clerk's Office on 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. 3. 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, Fl 33139, briefly outlining the subject matter of the proposed presentation. In order to determine whether or not the request can be handled administratively, an appointment may be scheduled to discuss the matter with a member of the City Manager's staff. "Requests for Agenda 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 Monday 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 subjects included in their written requests. 4. Once an Agenda for a Commission Meeting is published, persons wishing to speak on item(s} listed on the Agenda, other than public hearing items and the Dr. Stanley Sutnick Citizens Forum, should call or come to City Hall, Office of the City Clerk, 1700 Convention Center Drive, telephone (305)673-7 411, before 5:00p.m., no later than the day prior to the Commission meeting and give their name, the Agenda item to be discussed, and if known, the Agenda item number. 5. All persons who have been listed by the City Clerk to speak on the Agenda item in which they are specifically interested, and persons granted permission by the Mayor, will be allowed sufficient time, within the discretion of the Mayor, to present their views. When there are scheduled public hearings on an Agenda item, IT IS NOT necessary to register at the City Clerk's Office in advance of the meeting. All persons wishing to speak at a public hearing may do so and will be allowed sufficient time, within the discretion of the Mayor, to present their views. 6. If a person wishes to address the Commission on an emergency matter, which is not listed on the Agenda, there will be a period allocated at the commencement of the Commission Meeting when the Mayor calls for additions to, deletions from, or corrections to the Agenda. The decision as to whether or not the matter will be heard, and when it will be heard, is at the discretion of the Mayor. On the presentation of an emergency matter, the speaker's remarks must be concise and related to a specific item. Each speaker will be limited to three minutes, or for a longer or shorter period, at the discretion of the Mayor. F:\CLER\CLER\CITYCLER\sutnick. v21.doc 15 CITY OF MIAMI BEACH 2012 MEETING DATES COMMISSION MEETINGS ALTERNATE MEETINGS January 11 (Wednesday) January 18 (Wednesday) February 8 (Wednesday) February 15 (Wednesday) March 21 (Wednesday) March 28 (Wednesday) April 11 (Wednesday) April 18 (Wednesday) May 9 (Wednesday) May 16 (Wednesday) June 6 (Wednesday) July 18 (Wednesday) July 25 (Wednesday) August - City Commission in recess September 12 (Wednesday) October 24 (Wednesday) October 31 (Wednesday) November 14 (Wednesday) November 21 (Wednesday) December 12 (Wednesday) December 19 (Wednesday) CITY CLERK’S OFFICE LOBBYIST LIST May 9, 2012 Commission Meeting Lobbyist’s Name Retained by Principal Date Registered Amount Disclosed C7F Execute Agmts & MOU w/ FDOT Re: State Road 907 Alton Road Project 5th Street Neisen Kasdin Crescent Heights R&D, LLC 11/13/2008 $550 hourly Wayne Pathman A&R Sobe, Inc. 07/08/2002 $200 hourly R5F Recycling Ordinance Ashley Ligas So. East Florida Apt Assoc. 09/20/2011 Employee Eston Melton III Waste Pro of Florida 06/06/2011 $1,000 monthly Jason Neal Waste Management, Inc. 07/12/2011 Salaried R7B Revocable Permit – Bay Road Partners, 1916 Bay Road Michael Larkin Scott Robins 02/17/2012 $445 hourly R7I Grant Extension of Current Franchise Agreement or Approve Issuance of RFQ Mitchell Bierman Waste Services, Inc. 08/20/2008 $500 hourly Eston Melton, III Waste Pro of Florida, Inc. 06/06/2011 $1,000 monthly Clifford Schulman Waste Services, Inc. 07/12/2011 $500 hourly F:\CLER\COMMON\2012\20120509\LOBBYIST LIST.Docx PA PRESENTATIONS AND AWARDS 19 "'C )> Presentations and Awards PA1 Certificates Of Recognition To Be Presented To Select Students And Teachers Of The Miami-Dade County Public Schools For The 2011-12 School Year And A Recognition Of Miami Beach's Achievement Of IB Authorization In Every Public School. (Requested by Mayor Matti Herrera Bower) PA2 Proclamation To Be Presented In Honor Of National Beach Safety Week, May 22-29, 2012 And Rip Current Awareness Week, June 3 -9, 2012. (Requested by Mayor Matti Herrera Bower) PA3 Presentation On The State Of The Tourism And Travel Industry By William Talbert, President & CEO Of The Greater Miami Convention & Visitors Bureau And Recognition Of National Travel And Tourism Week. (Requested By Mayor Matti Herrera Bower) 21 Agenda Item .P A I -3 Date 5--Cf -1 z_ THIS PAGE INTENTIONALLY LEFT BLANK 22 C2 COMPETITIVE BID REPORTS 23 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval to Award Contracts to Midwest Medical Supply; Bound Tree Medical , LLC; Physio-Control, Inc.; Zoll Medical Corporation; Henry Schein Inc.; Vidacare Corporation; Quadmed, Inc. and Guardian Ems Products, Pursuant to Invitation to Bid No. 13-11/12, for the Purchase of Medical Supplies in the Estimated Annual Amount of $263,400, I Shall the City Commission approve the award of contracts Item Summary/Recommendation: The purpose of Invitation to Bid No, 13-11/12 (the Bid) is to establish an agreement, by means of competitive sealed bids, for the purchase of Medical Supplies as specified in the bid documents, on an as needed basis. The contract shall remain in effect for four ( 4) years from date of contract execution by the Mayor and City Clerk and may be renewed by mutual agreement for two (2) additional one (1) year terms, if approved by the City Managers. Midwest Medical Supply, ("Midwest") • Bound Tree Medical, LLC ("Bound") • Henry Schein Inc., ("Henry") • QuadMed, Inc., ("QuadMed") • Physio-Control, Inc ( "Physio") • Zoll Medical Corporation ("Zoll") • Guardian EMS Products ("Guardian") • Vidacare Corporation ("Vidacare") A City Review Panel consisting of Captain Tom Sam peri and Fire Division Chief Ray Morris reviewed and evaluated the bids received. After completing their review and subsequent evaluation, they unanimously recommend all the following companies: Midwest Medical Supply, Bound Tree Medical, LLC, Henry Schein, Inc., QuadMed, Inc., Physio-Control, Inc., Zoll Medical Corporation, Guardian EMS Products, and Vidacare Corporation. The Fire Department has budgeted $263,400 for medical supplies for Fiscal Year 2011/2012. Expenditures to date this fiscal year are $128,965.80. Therefore, the requested balance for FY 11/12 is $134,434.20. APPROVE THE AWARD OF CONTRACTS Advisory Board Recommendation: IN/A Financial Information· Source of Amount Account I Funrt 1 $134,434.20 011-1220-000343 I Total $134,434.20 OBPI Financial Impact Summary: Assistant City M JO __ _ PD T:\AGENOA\2006\oct11 06\consent\ITB-32-05-06Medica1Summary.doc MIAMI BEACH 25 City Manager !Agenda Item e ~A Date S-9-12-- City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission City Manager Jorge M. Gonzalez ~ May9,2012 U U REQUEST FOR APPROVAL TO AWARD CONTRACTS TO MIDWEST MEDICAL SUPPLY, LLC; BOUND TREE MEDICAL, LLC; PHYSIO- CONTROL, INC.; ZOLL MEDICAL CORPORATION; VIDACARE CORPORATION; HENRY SCHEIN, INC.; QUADMED, INC.; AND GUARDIAN EMS PRODUCTS, PURSUANT TO INVITATION TO BID (ITB) NO. 13-11/12, FOR THE PURCHASE OF MEDICAL SUPPLIES, IN THE ESTIMATED ANNUAL AMOUNT OF $263,400. ADMINISTRATION RECOMMENDATION Approve the award of contracts. KEY INTENDED OUTCOME SUPPORTED Increase Resident Rating of Public Safety Services FUNDING The Fire Department has budgeted $263,400 for medical supplies for Fiscal Year 2011/202. Expenditures to date this fiscal year are $128,965.80. Therefore, the requested balance for FY 11/12 is $134,434.20. ANALYSIS The City's Rescue Division of the Fire Department needs qualified vendor (s) for the supply and delivery of medical supplies. Due to the public safety function of the Rescue Division, the successful vendors must have a good record of dependability and be able to provide delivery of supplies in a timely manner after receipt of order. During emergency contingencies, such as pandemics, floods, hurricanes, etc, the successful vendors (s) must be capable of continuing delivery of medical supplies. The purpose of Invitation to Bid No, 13-11/12 (the Bid) is to establish an agreement, by means of competitive sealed bids, for the purchase of medical supplies as specified in the bid documents, on an as needed basis. This contract shall remain in effect for four (4) years from date of contract execution by the Mayor and City Clerk and may be renewed, by mutual agreement for two (2) additional one (1) year terms, if approved by the City Manager. BID PROCESS The Bid was issued on February 2, 2012 with an opening date of March 30, 2012. A pre- bid conference to provide information to prospective contractors was held on February 29, 2012. 26 Commission Memorandum May9, 2012 ITB 13-11-12 Bidnet issued bid notices to thirty-two (32) prospective bidders. Additionally, the Procurement Division sent notice to five (5) prospective bidders. These notices resulted in the receipt of eight (8) bids from the following firms: Midwest Medical Supply; Bound Tree Medical, LLC; Henry Schein Inc.; QuadMed, Inc.; Physio-Control, Inc.; Zoll Medical Corporation; Guardian EMS; Products and Vidacare Corporation. On April 4, 2012 the Procurement Division sent the bid submissions to the following individuals for evaluation: Thomas Samperi, Fire Captain Raymond Morris, Fire Division Chief The individuals evaluated the eight (8) bids received. The highest percentage discount was submitted by Midwest Medical Supply and Bound Tree Medical, LLC. The Fire Department reserves the right to purchase or not purchase from the catalog. It will be up to the City to determine which company offers the lowest cost, responsive service and provides the most efficient turnaround time for the items needed. BID RESULTS The bid results are attached CONCLUSION Based on the analysis of the bids received, the Administration recommends that the City award contracts to the multiple vendors pursuant to Invitation to Bid (ITB) No. 13-11/12, for the Purchase of Medical Supplies in the estimated annual amount of $263,400 for the Rescue Division of the Miami Beach fire Department. T:\AGENDA\2012\MAY 09\ITB-13-11-12 Memo.doc 27 ~ 00 MEDICAL SUPPLIES CATALOG DISCOUNT BID 13-11/12 Midwest Medical Bound Tree Henry Schein BID Supply, LLC Medical, LLC Inc. TABULATION Item Percentage Discount 20% 18% 15.1% Minimum Order $ 100.00 $ -$ -Catalog updated every 2 years Yearly yearly Physic-Zoll Medical Guardian Vidacare QuadMed, Inc. Control, Inc. Corporation EMS Corporation Products 15% 18% 2% 15% N/A $ 125.95 $ 200.00 $ -$ -$ . yearly yearly Periodically Periodically Annually COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Reject All Bids Pursuant To Invitation To Bid (ITB) No. 12-10/11, For The Purchase And Installation Of Enterprise Audio And Video Systems For The Information Technology Division (IT) Training Rooms. Key Intended Outcome Supported: N/A Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: I Shall the Mayor and City Commission approve the rejection of all bids? Item Summary/Recommendation: The intent of ITB No. 12-1 0-11 was to establish a contract by means of sealed bids with a qualified vendor for the Purchase and Installation of Enterprise Audio and Video Systems. The ITB was issued on April 8, 2011, with an opening date of May 19, 2011. Bid Net issued bid notices to 23 prospective bidders, and BidSync issued bid notices to 77 prospective bidders. Additionally, the Procurement Division sent notices to six (6) prospective bidders. The notices resulted in the receipt of four (4) bids from the following firms: Xerox Audio Visual Solutions, Inc. Privid Eye Security Systems d/b/a Vivid AV Solutions ETT Communication, Inc. d/b/a The Audio Visual Group TWS Transworld The IT Department recommended that all bids be rejected. At this time, the IT Department stated that they are not going to utilize the technology specified in the ITB. Based on the analysis of the bids received, it is recommended that the City Commission reject all bids for ITB-12-1 0-11 for the Purchase and Installation of Enterprise Audio and Video Systems for the Information Technology. REJECT ALL BIDS Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 OBPI Total Financial Impact Summary: MIA.M·I BEACH ; 29 Account AGENDAJTEM DATE C9 MIAMIBE" 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: May 9, 2012 SUBJECT: REQUEST FOR APPROVAL TO REJECT ALL BIDS PURSUANT TO INVITATION TO BID (ITB) NO. 12-10/11, FOR THE PURCHASE AND INSTALLATION OF ENTERPRISE AUDIO AND VIDEO SYSTEMS FOR THE INFORMATION TECHNOLOGY DIVISION (IT) TRAINING ROOMS. ADMINISTRATION RECOMMENDATION Reject all bids FUNDING 302-2448-00674 Parking Facility Capital Project ANALYSIS The intent of ITB No. 12-10-11 was to establish a contract by means of sealed bids with a qualified vendor for the Purchase and Installation of Enterprise Audio and Video Systems, for the Information Technology Division (IT). The ITB was issued on April 8, 2011, with an opening date of May 19, 2011. BidNet issued bid notices to 23 prospective bidders, and BidSync issued bid notices to 77 prospective bidders. Additionally, the Procurement Division sent notices to six (6) prospective bidders. The notices resulted in the receipt of four (4) bids from the following firms: • Xerox Audio Visual Solutions, Inc. • Privid Eye Security Systems d/b/a Vivid AV Solutions • ETT Communication, Inc. d/b/a The Audio Visual Group • TWS Transworld On May 23, 2011, the Procurement Division sent the bid submissions to the following individuals for evaluation: Gladys Gonzalez, Information Technology Division Director Nelson Martinez, System Support Manager Ariel Sosa, Technical Services Manager The individuals evaluated the four (4) bids received. The lowest and best was submitted by Xerox Audio Visual Solutions, Inc. During the review of the responses to the ITB, concerns were raised over the budget and the cost of the equipment. Following an extensive review of the bid documents and responses by various firms, The IT Department recommended that all bids be rejected. At this time 1 the IT Department stated that they are not going to utilize the technology specified in the ITB. CONCLUSION The Administration recommends that the City Commission reject all bids for ITB No.12-1 0-11. T:\AGENDA\2011\may 9\ITB-12-10-11 Memo.doc 30 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award Contracts To Bio Response Corporation, Pursuant To Invitation To Bid (ITB) No. 16-11/12 For Bio-Hazardous Waste Clean-Up, In The Estimated Annual Amount Of $26,450.00. Key Intended Outcome Supported: N/A Supporting Data (Surveys, Environmental Scan, etc.):N/A Issue: I Shall the City Commission approve the award of a Contract? Item Summary/Recommendation: The purpose of this bid is to establish a contract, by means of sealed bids to furnish all equipment, tools, supplies, cleaning products, material disposal, transportation, labor, supervision, uniforms, and services necessary to perform bio-hazardous waste clean-up on an as-needed basis. These services shall be in strict compliance with U.S. Department of Labor, OSHA 29 CFR Part 1910.1030, "Occupational Exposure to Blood Borne Pathogens", as adopted by the State of Florida. The City reserves the right to award to the secondary lowest vendor, if it is deemed to be in the best interest of the City. The police Department has budgeted $26,450 for bio-hazardous waste, clean-up for Fiscal Year 2011/2012. Expenditure to date this fiscal year is $12,676.03. Therefore, the requested balance of FY 11/12 is $13,773.97. This contract shall remain in effect for a period of three (3) years from date of contract execution by the Mayor and City Clerk, and may be renewed by mutual agreement for two (2) additional years, if approved by the City Manager APPROVE THE AWARD OF CONTRACT Advisory Board Recommendation: IN/A Financial Information: Source of Amount Account Funds: I 1f: I 1 $13,773.97 Police Support Unit Account 011-1130-000325 Total $ 13,773.97 Financial Impact Summary: City Clerk's Office Legislative Tracking: I Raul Aguila C9 MIAMI BEACH 31 1Agenda Item C 8-C. Date 5'-1-12_ (9 1\/\!AMIBE Ct1 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manag~ May 9, 2012 ULJ REQUEST FOR APPROVAL TO AWARD A CONTRACT TO BIO RESPONSE CORPORATION, PURSUANT TO INVITATION TO BID (ITB) NO. 16·11/12, FOR 810-HAZARDOUS WASTE CLEAN-UP, IN THE ESTIMATED ANNUAL AMOUNT OF $26,450.00 ADMINISTRATION RECOMMENDATION Approve the Award of Contract. KEY INTENDED OUTCOME SUPPORTED Increase community satisfaction with City services. FUNDING The Police Department has budgeted $26,450 for bio-hazardous waste clean-up for Fiscal Year 2011/2012. Expenditures to date this fiscal year are $12,676.03 Therefore, the requested balance of FY 11/12 is $13,773.97. ANALYSIS The purpose of this bid is to establish a contract, by means of sealed bids to furnish all equipment, tools, supplies, cleaning products, material disposal, transportation, labor, supervision, uniforms, and services necessary to perform bio-hazardous waste clean-up on an as-needed basis. These services are on an as-needed basis include, clean-up, disinfection, decontamination, and disposal services of potentially infectious blood borne pathogen materials, such a human body fluids, spills and materials but are not limited on a 24 hour, 7 day a week basis. Potentially infectious materials may include but are not limited to: blood, urine, feces, semen, vomit, pleural fluid, senovial fluid, pericardia! fluid, saliva, needles. Clean-up will take place in vehicle, holding cells, or other areas within the Police Department as- needed. The City has previously used Bio Response Corporation for bio-hazardous waste clean- up service utilizing Miami Dade County Contract, and there have been no performance or reliability issues. 32 Commission Memo May9, 2012 ITB-16-11-12 Bio-Hazardous Waste Clean-Up Bio Response has provided similar service for the following: • Miami Dade County Police, Crime Scene Unit; • City of Miami Police Department; and • Hialeah Gardens Police Department BID PROCESS The Bid was issued on January 10, 2012 with an opening date of February 10, 2012. A pre-bid conference to provide information to prospective contractors was held on January 26, 2012. Florida Online Bid System issued bid notices to nineteen (19) prospective bidders. Additionally, the Procurement Division sent notices to two (2) prospective bidders. The notices resulted in receipt of three (3) bids from: International Protective Services; Bio Response, Corp; and RCT Industries. On February 13, 2012, the Procurement Division sent the bid submissions to the following individuals for evaluation: Brian Sliman, Police Major Richard Gullage, Police Captain J.C. Pedroso, Crime Scene Supervisor The individuals evaluated the three (3) bids received. The lowest was submitted by International Protective Services. The Police Department stated that after reviewing the bids, they are not comfortable with awarding a contract to the lowest bidder. Procurement requested feedback from the Police Department as to why they did not want to award to International Protective Services. The following reasons were provided: • Phone calls will sometimes go to voice mail and later get answered. • Response time had gone as long as three (3) hours. • If called after 5pm the technician would ask if the job could be done the following day. • Bio-hazardous bags will only be picked up if the technician had enough space in the vehicle, after performing service. • Technicians are very quick with the cleaning process and not thorough. 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 Bio Response Corporation pursuant to ITB No. 16-11/12 for Bio- Hazardous Waste Clean-Up for the Police Department. T:\AGENDA\2012\May 09\ITB-16-11-12 Memo.doc 33 ITB No.16-11/12 BIO-HAZARDOUS WASTE CLEAN-UP COMPANIES' PROPOSALS International Proactive Bio Response, Corp. RCT Industries Services Description Total Total Total Lum_QSum $100.00 $119.98 $140.00 under 3.0 spec. T:\AGENDA\2012\May 09, 2012\ITB-16-11-12 Memo.doc 34 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Cancel Request For Proposals (RFP) No. 26-11/12 For The Removal And Disposal Of Derelict Vessels And, In The Alternative, To Issue A Request For Qualifications (RFQ) For The Services. I Shall the Mayor and City Commission approve the RFP cancellation and the issuance of the RFQ? Item Summary/Recommendation: The Mayor and City Commission at its February 8, 2012, meeting, authorized the Administration to issue an RFP for the Removal and Disposal of Derelict Vessels. The scope of services in the commission item was limited in comparison to the existing contracts, and the evaluation criteria depicted 40 points to be allocated for cost. The existing contracts are based upon quoting services on an as-needed basis, and do not contain pricing. The RFP that was published in 2006 pursuant to the existing contracts initially had cost as an evaluation criteria, which was subsequently removed. As the agenda item that approved the issuance of the RFP by the Commission included cost as a criteria, RFP No. 26-11/12 was issued with an expanded scope of services, and a cost proposal sheet requesting pricing per linear foot for sunken and not sunken vessels. A non-mandatory pre-proposal meeting was held on March 28, 2012. At this meeting, the marine towing and salvage operators that were present, as well as the City's Marine Patrol, articulated that the proposal submissions could not plausibly include cost to the City as there are too many variables involved in each vessel removal. These variables include, but are not limited to, vessel type, i.e., sailboats, boats with outboard motors, boats with internal engines, cement boats/barges; wooden boats, and steel hull boats; the condition of the vessel; the location of the vessel; ease of access to the vessel; the position of the vessel; the size, and shape of the vessel; tidal conditions; the quantity of fuel and oil to be removed; the amount and cost of the fuel consumed by the contractor; the type of equipment required; and the size and skills required of the team for each extraction. The Administration is in concurrence that the most effective method of securing contracts for the removal and disposal of derelict vessels is qualifications-based, contracting with more than one qualified firm, and soliciting quotes from each of the contracted firms on an as-needed basis, whereby the City would issue a Notice to Proceed for each incident. Therefore, it is deemed in the City's best interest to cancel the current Request for Proposals, and issue a Request for Qualifications, with an enhanced scope of services, and thus removing the requirement to submit up-front pricing. APPROVE THE CANCELLATION OF THE RFP AND THE ISSUANCE OF AN RFQ Advisory Board Recommendation: IN/A Financial Information: Source of Funds: 1 OBPI Total Financial Impact Summary: N/A C9 MIAMI BEACH Amount N/A Assista 35 Account AGENDA ITEM c :1 D DATE 5-Cj:/2- /V\IA/V\1 BE .CH 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: May 9, 2012 u-0 SUBJECT: REQUEST FOR APPROVAL TO CANCEL REQUEST FOR PROPOSALS (RFP) NO. 26· 11/12 FOR THE REMOVAL AND DISPOSAL OF DERELICT VESSELS AND, IN THE ALTERNATIVE, TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ) FOR THE SERVICES ADMINISTRATION RECOMMENDATION Approve the cancellation of the RFP and approve issuance of the RFQ. KEY INTENDED OUTCOME Maintain Miami Beach Public Areas & Rights of Ways City Wide, and Maintain City's Infrastructure ANALYSIS The Mayor and City Commission at its February 8, 2012, meeting, authorized the Administration to issue an RFP for the Removal and Disposal of Derelict Vessels. The scope of services in the commission item was limited in comparison to the existing contracts, and the evaluation criteria depicted 40 points to be allocated for cost. The existing contracts are based upon quoting services on an as-needed basis, and do not contain pricing. The RFP that was published in 2006 pursuant to the existing contracts initially had cost as an evaluation criteria, which was subsequently removed. As the agenda item that approved the issuance of the RFP by the Commission included cost as a criteria, RFP No. 26-11/12 was issued with an expanded scope of services, and a cost proposal sheet requesting pricing per linear foot for sunken and not sunken vessels. A non-mandatory pre-proposal meeting was held on March 28, 2012. At this meeting, the marine towing and salvage operators that were present, as well as the City's Marine Patrol, articulated that the proposal submissions could not plausibly include cost to the City as there are too many variables involved in each vessel removal. These variables include, but are not limited to, vessel type, i.e., sailboats, boats with outboard motors, boats with internal engines, cement boats/barges; wooden boats, and steel hull boats; the condition of the vessel; the location of the vessel; ease of access to the vessel; the position of the vessel; the size, and shape of the vessel; tidal conditions; the quantity of fuel and oil to be removed; the amount and cost of the fuel consumed by the contractor; the type of equipment required; and the size and skills required of the team for each extraction. The Administration is in concurrence that the most effective method of securing contracts for the removal and disposal of derelict vessels is qualifications-based, contracting with more than one qualified firm, and soliciting quotes from each of the contracted firms on an as-needed basis, whereby the City would issue a Notice to Proceed for each incident. Therefore, it is deemed in the City's best interest to cancel the current Request for Proposals, and issue a Request for Qualifications, with an enhanced scope of services, and thus removing the requirement to submit up-front pricing. 36 SCOPE OF SERVICES Abandoned and Derelict vessels: Abandoned and derelict vessels can pose hazards to navigation, enviromental damage, squatting by homeless, or danger to surrounding homes, vessels and public areas. The Florida Fish and Wildlife Conservation Commission maintains a list of at risk and derelict vessels for removal. Inclusion on the list requires the vessel in question to be clearly tagged with the case number and pertinent information, photographed, and certified letters and contact attempts made to the owner or last register of the vessel. In coordination with local Marine Patrol authorities, these vessels may need to be removed and disposed of. Removals initiated by the City of Miami Beach, and subsequently Contractors pursuant to award of this RFQ, must meet all applicable FEMA, DERM, and Coast Guard rules, regulations and standards. Natural Disaster: Damage caused by a major natural disaster can include sunken boats and other debris that may impede navigation. Coordination should take place between the United States Coast Guard, State and local Marine Patrol, local government agencies, legal counsel, marine salvage contractors, commercial divers, and certified surveyors to ensure that navigation hazards are removed safely and efficiently. Removals initiated by the City of Miami Beach, and subsequently, Contractors pursuant to award of this RFQ, must meet all applicable FEMA, DERM, and Coast Guard rules, regulations and standards. The two main challenges of with navigation hazards are locating the debris and finding the legal owners. Marinas and waterways can be inspected visually by helicopter or boat. Sonar or dive teams may need to be employed for submerged vessels. A location or flotation marker may be helpful in order to keep vessel positions documented. The legal owner's information may be obtained by using the vessel's registration number and marina records. Non-vessel debris: Debris that pose hazards to navigation, enviromental damage, or danger to surrounding homes, vessels and public areas may require removal. Removals initiated by the City of Miami Beach, and subsequently, Contractors pursuant to award of this RFQ, must meet all applicable FEMA, DERM, and Coast Guard rules, regulations and standards. The following FEMA checklist should be followed by contrator to ensure that all aspects of removing navigation hazards are considered: • Coordinate with U.S. Coast Guard, State and local marine patrol, local government agencies and legal counsel. • Inspect marinas to locate debris: o Visually by helicopter o Via side-scan sonar o Via diving • Use Global Positioning System survey methods or some other type of flotation marker to pinpoint lo.cation of sunken debris. • Keep a log that reflects an accurate count of debris items with corresponding locations. • Record the vessel registration number and photograph the wreckage. • Provide notification by certified letter to private owners of impending vessel removal. This should be performed in accordance with legal constraints. • Provide the owner an opportunity to remove the vessel prior to local, tribal, State or Federal government initiation of debris removal. • Provide public notice in local newspapers. • Generate scopes of work based on items to be removed. • Maintain flexibility to allow for problems caused by tidal conditions. Problems can also occur as a result of wreckage removal by others prior to issuance of contract notice to proceed. Flexibility in contract execution can be achieved by issuing an equipment rental type contract. Fixed price contracts with each piece of debris indicated as a line item are 37 not recommended because of the possibility of change orders. Incorporate in the contract appropriate regulatory concerns and/or applicable State laws. • Maintain continuous communication with local, tribal and State authorities. • Continually verify the number and location of sunken vessels and ensure that accurate records are maintained. • Require that a bill of sale or a vessel registration be presented to the local government representative on-site if an individual claims a vessel during removal operations. • Ensure that contracts and the cleanup schedule incorporate tidal constraints. Debris located in shallow areas may be inaccessable to contractor equipment during low tide. 1. General Scope of Services Contractor shall be responsible for diving, patching and re-floating with a pollution stand-by crew which will include a salvage master, divers, patching materials, pumps, compressors and other specialized equipment necessary to recover the sunken vessels. Tow re-floated vessels to a county landfill area for proper disposal. 2. Environmental Protection Contractor must ensure that any vessels which are to be removed and disposed of at a landfill shall be removed from its present site in such a manner as to not impact or damage the natural environment ("surrounding the vessel" will limit to just that area). All debris from the vessel shall be removed and the site left in a reasonable clean condition. No oil or fuel shall be permitted to be dumped or spilled into or unto the water and land. The following items must be accomplished: a) All oil must be removed from tanks, pipes, bilges, etc, to ensure that no pollutants enter the water (steam cleaning is preferred) b) All watertight doors/hatches/bottom tank covers, etc. must be removed or welded open. c) Any items that may float free when the vessel sinks must be removed from the vessel. d) All deck areas, bilge areas, engine spaces and cargo spaces should be broom swept. e) Sufficient ballast to maintain location of vessel on ocean bottom must be placed in the vessel shall consist of clean concrete. 3. Accident Prevention and Barricades Precautions shall be exercised by the contractor at all times for the protection of persons and property. All contractors performing services under this contract shall conform to all relevenat Federal, State, and County regulations during the course of such effort. Any fines levied by the above mentioned authorities for failure to comply with these requiremtens shall e borne solely by the responsible contractor. Barricades shall be provided by the contractor when work is performed in areas traversed by persons, or when deemed necessary by the City Project Manager. 4. Clean-up Contracter shall ensure unusable materials and debris are removed from the premises at the end of each workday, and disposed of in an appropiate manner. Upon final completion, the contractor shall throughly clean up all areas where work has been involved as mutually agreed with the associated user department's project manager. 5. Cost Estimates for Each Project The contractor shall be required to submit a written estimate on each prospective project under this contract before a work order for that specific project is issued. The estimate must reflect the regular hourly wages for each classification presented in this contract, and the 38 percentage discounts or mark-ups for materials and equipment that were quoted by the contractor on its initial offer or the most current contract pricing. The estimate shall be itemized by the number of work hours per classification, and by the cost of materials and equipment. Lump sum estimates shall not be accepted. The actual charge to the City from an awarded contractor for a specific project must be in accordance with the cost information submitted in response to the RFQ, and acceptance of same by the City. 6. Labor, Materials, and Equipment The contractor shall furnish all labor, material, and equipment necessary for satisfactory contract performance. All material, workmanship, and equipment shall be subject to the inspection and approval of the City's Project Manager. 7. Legal Requirement for Pollution Control It is the intent of these specifications to comply with the Miami-Dade County Pollution Control Ordinance as stated in Chapter 24 of the Miami-Dade Code. This ordinance may be obtained, if necessary, through the Department of Environmental Resources Management (DERM), 33 SW 2nd Ave., Miami, Florida 33130, Telephone (305) 372-6789. The contractor shall comply with all requirements of the Federal Water Pollution Control Act. 8. Licenses, Permits, and Fees The contractor shall obtain and pay for all licenses, permits, and inspections fees required for this project; and shall comply with all laws, ordinances, regulations and buildings code requirements applicable to the work contemplated herein. Damages, penalties, and or fines imposed on the City or the contractor for failure to obtain required licenses, permits or fines shall be borne by the contractor. 9. Local Office The contractor shall maintain an office within the geographic boundaries of Miami-Dade, Broward, or Monroe Counties, Florida. This office shall be staffed by a competent company representative who can be contacted during normal working hours and who is authorized to discuss matters pertaining to the contract. ·1 0. Work Assignments All work assignments during the contract period will be on an "as needed" basis, complying with notification requirements. Proposer shall assume no guarantees as to the number of frequency of work assignments or the amount of payments under the terms of this contract. Determination of material quantities and/ or specifications for each assignment will be made by the City Department. The City Department will notify the contractor of each work assignments; at which time the contractor and the City Department will mutually agree, in writing, of the beginning and ending dates of the work assignment, the contractor shall be responsible for the proper and necessary use of the materials in performance of the work. 11. Proof of Proper Disposal and Notification to Marine Patrol a) The contractor must submit prior to receiving any payment: a receipt for each vessel, including the date of disposal, disposal site, DV number, telephone number and title, and signature of person at disposal site. b) In addition to the above information, the contractor must submit a picture of the vessel demonstrating its removal, and showing its DV numbers. c) The contractor shall notify and coordinate all work with the Marine Patrol. 12. Restoration Property Property public or private, if damaged during construction or removed for convenience of the work shall be repaired or replaced at the expense of the contractor in a manner acceptable to the Project Manager prior to the final acceptance of the work. Such facilities shall include but are not limited to: walls, boating ramps, sod, and walkways. 39 EVALUATION PROCESS The procedure for response, evaluation and selection will be as follows: 1. Request for Qualifications issued. 2. Receipt of proposals 3. All timely received Proposals will be opened and reviewed 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 set forth in the RFQ. If further information is desired, Proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee will recommend to the City Manager the Proposer or Proposers that it deems to be the best candidate(s) by using the following evaluation criteria: LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance. 6. The City Manager shall recommend to the City Commission the Proposal or Proposals which he deems to be in the best interest of the City. 7. The City Commission shall consider the City Manager's recommendation and, if appropriate, approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. 8. Negotiations between the City and the selected Proposer(s) will take place to arrive at a mutually acceptable Agreement. If the City Commission has so directed, the City may proceed to negotiate an Agreement with a proposer other than the top-ranked proposer. 9. The final proposed agreement(s) will be presented to the City Commission for approval. 10. If the agreement(s) are approved by the City Commission, the Mayor and City Clerk shall execute the contract(s), after the Proposer (or Proposers) has (or have) done so. CONCLUSION The Administration recommends that the Mayor and the City Commission approve the cancellation of Request for Proposals (RFP) No. 26-11/12 for the Removal and Disposal of Derelict Vessels and authorize the issuance of a revised Request for Qualifications (RFQ) for the Removal and Disposal of Derelict Vessels. T:\AGENDA\2012\5-9-12\Cancel RFP and Issue RFQ for Removal & Disposal of Derelict Vessels Memo.doc 40 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award Contracts To Miami Elevator Inspection, A-1 Elevator Inspection, Inc. and Up & Down Elevator Inspection For Elevator Inspection Services Pursuant to ITB No. 33-11/12 In The Estimated Annual Amount of $240,000; And Further Approving A Month To Month Extension Of The Current Elevator Inspection Services Contract With Miami Elevator Inspection, Dade Elevator Inspection And Consulting Services, And Vertical Assessment Associates, Expiring on April 30, 2012 (The Current Contract), With Said Extension Commencing Retroactively on May 1, 2012, And Terminating, For Convenience And Without Cause, At Such Time As A Contract With The Successful Proposer Is Executed. Key Intended Outcome Supported: Ensure Well-maintained infrastructure; Make the City more Business Friendly Supporting Data (Surveys, Environmental Scan, etc.): Issue: Shall the City Commission Approve The Award of Contract? Item Summary/Recommendation: The purpose of Invitation to Bid No. 33-11/12 (the "Bid") is to establish a contract, by means of sealed bids for the supply of all labor, materials, tools, and equipment necessary to provide inspection of elevators on an as needed basis, from a source(s) of supply that will provide these products in a timely manner. The contracts shall remain in effect for one ( 1) year 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 Bid was issued on March 15, 2012, with an opening date of April 16, 2012. A pre-bid meeting to provide information to the suppliers submitting a response was held on March 30, 2012. On April26, 2012, the Technical Review Panel convened to discuss the bidder's qualifications, experience, capability, and performance evaluations received. It was determined to be in the best interest of the City to recommend A-1 Elevator Inspection, Inc., Up & Down Elevator Inspection and Miami Elevator Inspection based on the lowest submitted price ranges. The Administration recommends that the Mayor and City Commission accept the City Manager's recommendation to award contracts to Miami Elevator Inspection, A1-Eievator Inspection, Inc. and Up & Down Elevator Inspections for Elevator Inspection Services pursuant to ITB No. 33-11/12 in the estimated annual amount $240,000. The Building Department has budgeted $242,250 for elevator inspection services for FY2012. Expenditures to date for this Fiscal Year are $115,535. Therefore, the requested balance of FY2012 is $126,715. AWARD OF CONTRACT Advisory Board Recommendation: I N/A Financial Information: Amount 1 $126,715 Total Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: I Raul Aguila MIAM1BEACH Account Building Department Operating Fund -Professional Services Account No. 011-1510-0000312 AGENDA ITEM C ,;2 E.. 41 DATE 5-f-/2- 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 'ity Commission FROM: Jorge M. Gonzalez, City Manager DATE: May 9, 2012 SUBJECT: REQUEST FOR APPROVAL TO AWARD CONTRACTS TO THE FOLLOWING VENDORS: MIAMI ELEVATOR INSPECTION, A-1 ELEVATOR INSPECTION, INC. AND UP & DOWN ELEVATOR INSPECTION AS THE LOWEST AND BEST BIDDERS, PURSUANT TO INVITATION TO BID NO. 33-11/12, FOR ELEVATOR INSPECTION SERVICES IN THE ESTIMATED ANNUAL AMOUNT $240,000; AND FURTHER APPROVING A MONTH TO MONTH EXTENSION OF THE CURRENT ELEVATOR INSPECTION SERVICES CONTRACT WITH MIAMI ELEVATOR INSPECTION, DADE ELEVATOR INSPECTION AND CONSULTING SERVICES, AND VERTICAL ASSESSMENT ASSOCIATES, EXPIRING ON APRIL 30, 2012 (THE CURRENT CONTRACT), WITH SAID EXTENSION COMMENCING RETROACTIVELY ON MAY 1, 2012, AND TERMINATING, FOR CONVENIENCE AND WITHOUT CAUSE, AT SUCH TIME AS A CONTRACT WITH THE SUCCESSFUL PROPOSER IS EXECUTED ADMINISTRATION RECOMMENDATION Approve the award of contracts. BID AMOUNT AND FUNDING Funding will be provided from the following account for Fiscal Year 2011/2012 (FY12): $126,715 Building Department Professional Services Account No. 011-1510-000312 The Building Department has budgeted $242 1250 for elevator inspection services for FY2012. Expenditures to date for this Fiscal Year are $115,535. Therefore, the requested balance of FY2012 is $126,715. For subsequent Fiscal Years, commencing on October 1, 2012, the estimated annual cost of $240,000 associated with elevator inspection services will be requested as part of the Building Department operating budget. 42 Commission Memorandum -ITB-33-11112 May 9, 2012 Page 2 of 4 KEY INTENDED OUTCOME SUPPORTED Make the City more Business Friendly Ensure Well-Maintained Facilities ANALYSIS The purpose of Invitation to Bid No. 33-11/12 (the "Bid") was to establish a contract, by means of sealed bids for the supply of all labor, materials, tools, and equipment necessary to provide inspection of elevators on an as needed basis, from a source(s) of supply that will provide these products in a timely manner. The contracts shall remain in effect for one (1) year 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 Bid was issued on March 15, 2012, with an opening date of April 16, 2012. A pre-bid meeting to provide information to the suppliers submitting a response was held on March 30, 2012. BidNet issued bid notices to 54 prospective bidders, and 31 additional bidders were notified by the Procurement Division via mail, e-mail, and fax transmission, which resulted in the receipt of the following six (6) bids: 1. Miami Elevator Inspection 2. Dade Elevator Inspections, Inc. 3. A-1 Elevator Inspection, Inc. 4. Up & Down Elevator Inspection, Inc. 5. Vertical Assessment Associates, LLC 6. Lerch Bates The ITB process was structured to bid the work on a per inspection basis, allowing the opportunity to combine the annual inspections with the witnessing test inspections. The City will reserve the right to utilize either vendor for any category, should the primary awardees fail to provide the needed services or additional work is required to be performed. On April 26, 2012, the Technical Review Panel convened to discuss the bidder's qualifications, experience, capability, and performance evaluations received. It was determined to be in the best interest of the City to recommend A-1 Elevator Inspection, Inc., Up & Down Elevator Inspection and Miami Elevator Inspection based on the lowest submitted price ranges. The Building Department estimates that the yearly range for inspections services will be between 1800 to 2000 yearly inspections for all categories except for CAT 5, which is done every five (5) years. Therefore primary and secondary awards are based on said estimates. (see attached cost tabulation of all bidders) 43 Commission Memorandum -/TB-33-11112 May 9, 2012 Page 3 of 4 I P =Primary I A-1 ELEVATOR I S= ;secondary I INSPECTION, INC. I. TRACTION ELEVATOR SYSTEMS Bid 1: Periodic Inspections Per unit/inspection p $ 65.00 Incomplete inspection p $ 50.00 Bid 2: Witnessing of Test Cat. 1 Per unit/test P$ 70.00 Incomplete test P$ 50.00 Bid 3: Witnessing of Test Cat. 5 Per unit/test P$ 130.00 Incomplete test P$ 100.00 Bid 4: Combined Periodic Inspections and Witnessing of Test Cat. 1 Per unit/both reports P$ 100.00 Incomplete reports $ 80.00 II. HYDRAULIC ELEVATOR SYSTEMS Bid 5: Periodic Inspections Per unit/inspection P$ 50.00 Incomplete inspection P$ 40.00 Bid 6: Witnessing of Test Cat. 1 Per unit/test P$ 50.00 Incomplete test P$ 40.00 Bid 7: Combined Periodic Inspections and Witnessing of Test Cat. 1 Per unit/both reports P$ 85.00 lncomj>lete re!>_orts S$ 7o.oo · Ill. ELEVATOR COMPLIANCE INSPECTION Fee for combined Compliance Inspection Report with action AP or DN and new Periodic P$ 65.00 Inspection Report as per description above Fee for each Compliance Inspection, with action AP or ON without any new violation Periodic Inspection Report as per description P$ 30.00 above A-1 Elevator Inspections, Inc. UP&DOWN ELEVATOR MIAMI ELEVATOR INSPECTION INSPECTION S$ 75.00 $ 80.00 S$ 50.'00. $ 80.00 S$ 75.00 $ 85.00 . S$ 50;00 $ 85.00 $ 200.00 S.$ ... • .. 115.00'., .. : S$ 150.00 $ 175.00 $ 125.00 $ 120.00 P$ 75.00 $ 120.00 S$ :V5:00. $ 80.00 s:$. 40:00> $ 80.00 S$ so:oo.· $ 75.00 S$ 40;00 $ 75.00 S$ 100:00 $ 110.00 P$ 60.00 $ 110.00 $ 100.00 "S:$ •· .. 75.:0.0 $ 100.00 s$········ .. 7:5;00 A-1 Elevator Inspection, Inc. was founded in July 2000. They have a full customer service staff available Monday thru Friday. Inspectors are nationally certified (QEI), as well a$ Florida Certified (CEI). None of their inspectors have ever had their QEI license revoked. A- 1 inspector's are hired & insured through A-1 Elevator Inspection, Inc. Vice President, F. Charlie Slater, is an elevator industry continuing education instructor for NAESA International, a member of NAESA International's board of directors, the current president of the Florida Elevator Inspectors Association and a member of two ASME A 17.1 working committees. A-1 Elevator Inspection, Inc. has a physical office located at 433 Plaza Drive, Tarpon Springs, FL 34689 staffed with four dedicated individuals. 44 Commission Memorandum-/TB-33-11112 May 9, 2012 Page 4 of 4 Up & Down Elevator Inspections, Inc. Up & Down Elevator Inspections Inc., founded in August 2004, is a full service vertical transportation inspection company, with offices in Miami and Fort Myers, Florida. President, Peter Rivero, has been in the elevator industry for over 20 years and received his inspector's license in 2002. Registered with the State of Florida's Bureau of Elevator Safety, inspectors are QEI-certified through the National Association of Elevator Safety Authorities (NAESA) or Work Preservation Fund, and are accredited by the American Society of Mechanical Engineers (ASME). Miami Elevator Inspection Miami Elevator Inspection is a local company that has been in business since 2007. Owner, Jorge Fernandez, has been in the elevator industry since 1992. He has worked as an inspector under contract with City of Miami Beach for the last three (3) years and with Miami-Dade County. Miami Elevator Inspection meets the minimum requirements set forth in ITB# 33-11/12 and has submitted proof of the applicable Certified Elevator Inspector Licenses required. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission accept the City Manager's recommendation to award contracts to Miami Elevator Inspection, A1-Eievator Inspection, Inc. and Up & Down Elevator Inspections for Elevator Inspection Services pursuant to ITB No. 33-11/12 in the estimated annual amount of $240,000; and further approving a month to month extension of the current contract with Miami Elevator Inspection, Dade Elevator Inspection and Consulting Services, and Vertical Assessment Associates, expiring on April 30, 2012 (the current contract}, with said extension commencing retroactively on May 1, 2012, and terminating, for convenience and without cause, at such time as a contract with the successful proposer is executed. T:\AGENDA\201215-9-12\ITB-33-11-12-Eievator Inspection Services-Memo.doc 45 THIS PAGE INTENTIONALLY LEFT BLANK 46 C4 COMMISSION COMMITTEE ASSIGNMENTS 47 C9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti H. Bower and Members of the City Commission Jorge M. Gonzalez, City Manager~ May 9, 2012 '·() L/ REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE - CONSIDERATION OF AN AGREEMENT BETWEEN THE CITY AND TEMPORARY ENTERTAINMENT, LLC, FOR THE PRESENTATION OF "ORCHID", A LIVE THEATRICAL AND MUSICAL PERFORMANCE WITHIN A SPIEGEL TENT AND THE INSTALLATION OF ANCILLARY FOOD AND BEVERAGE SERVICES AND ENTERTAINMENT AREAS. THE VENUE IS TO BE LOCATED AT THE COLLINS PARK SPOIL AREA, BETWEEN 21 5 r AND 22N° STREETS. ADMINISTRATION RECOMMENDATION Refer the subject for discussion and consideration to the Neighborhoods and Community Affairs Committee. ANALYSIS As you know, the Arsht Center for the Performing Arts (Arsht Center) opened in October 2006 which resulted in the larger, more traditional performing arts groups booking their annual repertoire there. In light of this transition, the City's Tourism and Cultural Development (TCD) Department began researching a variety of cultural programs to bring to the City. The objective was to maintain the City's cultural niche while differentiating ourselves from the mainland. Additionally, the Community Satisfaction Surveys repeatedly revealed that residents desired more cultural activities. The City's TCD Department has identified Temporary Entertainment's "Orchid" and it's Spiegeltents as a perfect match for the City and is seeking input from the Neighborhoods and Community Affairs Committee to determine if there is interest in negotiating a lease agreement with them for a residency this winter in Miami Beach. Temporary Entertainment is run by Marty LaSalle, a former star of the Big Apple Circus, and noted architect David M. Schwarz (a part-time Miami Beach resident.) They bring a wide set of skills and experiences in live entertainment production and management to the company. This team had planned to present "Orchid" in New York this summer in association with Friends of the High Line, the organization that founded and operates the elevated park on Manhattan's West Side, but a Con Edison street construction project adjacent to their performance site has forced them to postpone the NYC phase of this project until next summer. "Orchid" is a circus themed cabaret show, featuring live amplified music, acrobatics, variety performance, song, dance and comedy performed in a Spiegeltent, one of the early 20th Century portable pavilions with stained cut glass windows, velvet and brocade tapestries, mirrored columns, ornate bar, circular teak dance floor and intimate booths. A second Spiegeltent houses a food and beverage operation that will enhance and expand the experience in the performance venue. The areas between the two Spiegeltents are decorated to establish a rich and immersive entertainment experience. Both temporary structures would be erected in the spoil area east of the parking lot between 21st and 22nd Streets. You may recall that this same location was used for another Spiegeltent show in 2008. CONCLUSION The Administration recommends referring the subject for discussion and consideration to the Neighborhoods and Com nity Affairs Committee to determine if there is interest in negotiating a lease agreement with them for a " cy this winter in Miami Beach. T:\AGENDA 012\4-11-12\Spiegeltent Referral Memo Edited.doc 49 Agenda Item C lfA Date S:9-IL THIS PAGE INTENTIONALLY LEFT BLANK 50 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT COMMISSION MEMORANDUM Mayor Matti H. Bower and Members of the City Commission Jorge M. Gonzalez, City Manager ~ May 9, 2012 REFERRAL TO THE NEIGHBORHOO /COMMUNITY AFFAIRS COMMITTEE-DISCUSSION REGARDING WHETHER THE CITY SHOULD ENTER INTO A NEW LEASE AGREEMENT WITH DESIGN MIAMI TO HOLD THE DECEMBER DESIGN MIAMI SHOW IN THE PREFERRED PARKING LOT, FOR SPECIFIC DATES IN 2013,2014,2015,2016, AND 2017. ADMINISTRATION RECOMMENDATION Refer the item for discussion to the Neighborhood/Community Affairs Committee. BACKGROUND On May 12, 2010, the City Commission adopted Resolution No. 2010-27384 approving a Lease Agreement between the City and Design Miami to hold the December Design Miami Show in the Preferred Parking Lot (P-Lot) in 2010, 2011 and 2012. The P-Lot provides Design Miami with sufficient space to construct a temporary exhibition structure to host the show. The Preferred Parking Lot was identified as the most compatible space, as it was agreed by all parties that it provides for opportunities for synergy between Design Miami and Art Basel Miami Beach. The parking at the new City Hall garage, the Pennsylvania Avenue Garage and 1 ylh Street Garage provides alternative parking for the spaces (approximately 220) displaced by Design Miami. Design Miami is currently in the final year (third year) of their Lease Agreement with the City, which expires December 31, 2012 after the 2012 show. Design Miami has approached the City about renewing the lease, but the current Agreement does not have a renewal provision. ABOUT DESIGN MIAMI Design Miami is a marketplace for limited-edition design from the most reputable international design galleries who present curated exhibitions of museum-quality furniture, lighting, and objects d'art. It attracts the highest level of private and public collectors of historical and contemporary design, much like Art Basel Miami Beach does with modern and contemporary works of art. Participating galleries deal mainly in exceptional design objects from the advent of Modernism (circa 1900) to present day, with select galleries specializing in 18th and 19th century antiques. Design Miami produces two shows each year: Design Miami/Basel in June, and Design Miami in December. The December show has been produced in the Design District since 2005, and the June show in Basel since 2006. Craig Robins is a principal of the fairs, which are organized in partnership with MCH Swiss Exh.ibition, the producers of Art Basel and Art Basel Miami Beach. 51 : Agenda ltem....__e--:...1{ 8=--- Date 5""-9-12-- Design Miami Parking Lease Agreement Referral May 9, 2012 Page 2 of 3 CURRENT LEASE TERMS The current Lease Agreement with Design Miami for use of the Preferred Parking Lot has the following terms: Term: Three (3~ years ending on December 31, 2012. 2010 dates: 2011 dates: 2012 tentative dates: Rental Rate: October 18 -November 29 November 30 -December 5 December 6 -December 23 October 17 -November 28 November 29 -December 4 December 5 -December 22 October 22 -December 3 December 4 -December 9 December 10-December 21 Move-in Show Days Move-out Move-in Show Days Move-out Move-in Show Days Move-out The rental rate for the Premises is $49,500 in 2010; $61,875 in 2011; and $74,250 in 2012, including applicable sales tax, per year. In an effort to encourage the move to Miami Beach, and assist in offsetting initial costs associated with a move, this rate was based on a "per space" flat rate of $15.00, calculated by a turnover rate per day, and multiplied by the number of days the spaces could have been used, depending on Exhibit Hall use during the rental period. The City negotiated a rental structure with Design Miami that is phased in over three years before reaching the optimal turnover rate per space of 1.5 times. This is similar to the previous parking lease agreement the City had with National Marine Manufacturers Association (NMMA) for the Boat Show where it was also phased in over several years. Use of additional space(s) must be mutually agreed upon by both parties and rental rates for any agreed upon additional space(s) is determined by the formula outlined below. The following is an itemized listing of the rental fees per year: Rental2010 Event parking rate of $15 per day during Events and 1/4 of lot used Rental Rate # of Event Days p/space p/day #of spaces Total 15 $15.00 220 $ 49,500.00 Rental2011 Event parking rate of $18.75 (1.25% turnover) per day during Events and 1/4 of lot used. # of Event Days Rental Rate #of spaces Total p/space p/day 15 $18.75 220 $ 61,875.00 Rental2012 Event parking rate of $22.5p/day (1.5% turnover) per day during Events and 1/4 of lot used. # of Event Days Rental Rate #of spaces Total p/space p/day 15 $22.50 220 $ 74,250.00 At no time during the Term of the lease will Design Miami be permitted to use more than 300 parking spaces in the Preferred Parking Lot, unless mutually agreed upon. 52 Design Miami Parking Lease Agreement Referral May 9, 2012 Page 3 of 3 Protection Clause: The Lease includes a clause prohibiting the City from leasing the Preferred Parking Lot to third parties for any furniture design show, for thirty (30) days immediately prior to, and the thirty (30) days after the Design Miami dates. Default and Termination: The City may default Design Miami if any of the following occur: a. If Design Miami abandons or vacates the Premises during any of the dates provided for its use of the Premises hereunder, other than as consistent with moving in or out; b. If Design Miami fails to timely pay any of the rental amounts, as set forth in this Agreement; c. If Design Miami fails to discharge or bond off any lien filed on the Premises, within ten (1 0) days of written notice from City to Design Miami; or d. If Design Miami fails to perform in accordance with any of the other terms and conditions herein contained and such default is not cured within ten (1 0) days after written notice. Public Benefits: Design Miami also provided residents of the City with a fifteen percent (15%) discount on the purchase of individual day passes. CONCLUSION The Administration recommends referring the item for discussion to the Neighborhood/Community Affairs Committee. JMG/HMF/MAS T:\AGENDA\2012\5-9-12\DM PLOT LEASE MEMO.doc 53 THIS PAGE INTENTIONALLY LEFT BLANK 54 m MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge Gonzalez, City Manager FROM: Michael Gongora, Commissioner DATE: May 1, 2012 SUBJECT: Referral Item for May 9 Commission Meeting b --------------------------------------------------------- Please place on the May 9, 2012 Commission meeting consent agenda a referral to the Neighborhoods Committee for discussion concerning the timing of the usage of the City of Miami Beach's leaf blowers. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 55 Agenda ltem_C~VC __ Date 5-9-ll- THIS PAGE INTENTIONALLY LEFT BLANK 56 C6 COMMISSION COMMITTEE REPORTS 57 <9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov To: From: Date: COMMITIEE MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager ~~ May 9, 2012 (j Subject: REPORT OF THE CAPITAL IMPROVEMENT PROJECTS OVERSIGHT COMMITTEE MEETING OF MARCH 19, 2012 The meeting was called to order at 5:44 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.miamibeachfl. gov/videolvideo.asp Meeting Chaired by Co-Chair Christina Cuervo. 1. ATTENDANCE See attendance sheet copy attached. Ms. Cuervo introduced new member, Brian Ehrlich, to the Committee. 2. REVIEW AND ACCEPTANCE OF MINUTES 5:46p.m. Report of the Capital Improvement Oversight Committee Meeting of February 6, 2012 MOTION: Acceptance of Report (Minutes} of the February 6, 2012 CIPOC Meeting. D. Kraai 2"d: T. Trujillo MOVED: PASSED: Unanimous Dwight Kraai requested a copy of the draft of the stormwater master plan that is currently in development. Rick Saltrick, Acting City Engineer, told the Committee that Public Works personnel and others involved in the development of the Stormwater Master Plan were meeting with the City Manager (Friday, March 23) to present the draft of the plan, clarify some of the Manager's questions and to clarify costs. The draft will be brought to Commission in April. A copy will also be provided for members of CIPOC. ACTION ITEM: Provide a draft copy of the Stormwater Master Plan to Committee members in the April agenda. (PWD) 3. ACCOMPLISHMENTS 5:49 p.m. Completion of Fire Station #2 Historic Building and Hose Tower. Maria Palacios and Shari Holbert Lipner, of the Office of Capital Improvement Projects, presented information about the construction project to restore Fire Station #2 for use as the administration building for the fire department including information about the efforts to restore some significant historic details in the building. Assistant Chief Javier Otero spoke and said the fire department administration is very happy with the results. Tony Trujillo commented favorably on the p!f§ct. Agenda Item C" A Date S-9-;:z_ CIPOC MEETING MINUTES, March 19, 2012 Page2of5 4. PUBLIC COMMENTS No members of the public came forward. 5. OLD BUSINESS I REQUESTED REPORTS Status Report: Normandy Isle Neighborhood 6:00 p.m. David Martinez, Office of CIP Acting Assistant Director reported on behalf of Mattie Reyes, Senior Capital Project Coordinator, who was out. Installation of the light poles in Normandy Isle has been completed. The lights were to be energized within a few weeks of the meeting. The City secured a JOC contractor to complete the crosswalk pavers, and funding has been identified. The project is expected to begin in April, 2012. CIP has identified a consultant from the A&E rotational list to complete the plans for the swale reclamation and design for drainage. Design services are expected to be completed over the summer and if the bid process is conducted on schedule, construction should be completed by summer 2013. Discussion: Biscayne Point Neighborhood Improvement Project 6:02 p.m. CIP Director Fernando Vazquez explained that the final agreement for the new design/build contract was going to Commission (March 21 ). Added scope generated by newer requirements, would be included in the package. The contract includes settlement of any delay claims from the contractor as well. CIP and the contractor have been meeting with the City Manager. The full, executed contract was not complete at the time of the CIPOC meeting, and was not yet ready for presentation to Commission, so a copy was not brought to CIPOC. Christina Cuervo asked for a presentation on this item to be brought to the Committee for review. ACTION ITEM: Bring information and a presentation to CIPOC on the final agreement with DMSI for the Biscayne Point new design/build package. In the meantime, work had not stopped in the Biscayne Point neighborhood. The contractor is finalizing water main installations and lighting. Status Report: Sunset Islands I & II 6:06 p.m. Maria Hernandez, Senior Capital Projects Coordinator said that work is proceeding according to schedule. E. Camargo, who is also a resident of Sunset Island II, commented that work is progressing well. Christina Cuervo asked how the RPR for this project is working out with the team. Ms. Hernandez responded that the company, Schwebke Shiskin, is very responsive and working well. The Engineer of Record is Chen and Associates, and all entities involved attend the meetings and respond to all inquiries. Status Reoort: Sunset Islands Ill & IV 6:07 p.m. Rick Saltrick, Acting City Engineer, explained that the Design Criteria Package (DCP) is being developed with the firm CT3S for the undergrounding of utilities. The City is working with the HOA for a ballot question to distribute to the neighborhood the end of April. Entry improvements are underway. Final permitting for the guardhouse is also underway. The City has agreed to pay $50,000 for enhancements to the guardhouse, and the rest of the work will be funded by the HOA. T:\AGENDA\2012\5-9-12\CIPOC March 19 Meeting Minutes.docx 60 CIPOC MEETING MINUTES, March 19, 2012 Page3of5 *The Committee noted that the item that was brought to the last meeting, which HOA representatives complained had been pulled from the City Commission agenda in February, had been placed back on the agenda, and the undergrounding efforts are proceeding. Status Report: Lower North Bay Road 6:10p.m. Maria Hernandez told the Committee that this project is temporarily on hold while revisions to the drainage design are being considered, using the new stormwater model. A report on the new design is expected April6. The City Public Works Department is verifying through the drainage model if the design meets the level of service required. Dwight Kraai asked if the City is waiting for new Stormwater Master Plan to be completed before verifying the design for LNBR. Rick Saltrick explained that this project was designed under the older criteria and is not required to meet tailwater elevations. Public Works is making use of a more detailed model, and that data is being used to help in the design. Eleanor Carney asked what hydrographics were being used in the modeling and on what time period they were basing the rain results. Mr. Saltrick responded that they are using the South Florida Water Management District graphs which are based on a 5year, 1 day storm event. Status Report: Venetian Islands 6:14p.m. Aaron Sinnes, Senior Capital Projects Coordinator, said that the design was resubmitted to the overseeing agencies after the City responded to the last set of comments (Feb. 3). Schwebke Shiskin received the changes on February 20, and have submitted their revised cost estimates. An ITB is anticipated in May. Eleanor Carney asked for further clarification about the revised cost estimates. David Martinez said that a certain percentage of fluxuation is allowed with the cost estimate. The estimate that was just submitted is current and reflects the current market and the cost of fuel. Ms. Carney asked how much of a shortfall is reflected in the current cost estimate. Mr. Martinez says that the estimate is short by approximately 10%, which is the equivalent of the contingency, but to cover all costs comfortably, the City is seeking approximately an additional $650,000. Ms. Carney complained that the shortfall was a result of money taken out of the project and placed in the causeway waterline project, without increasing the budget. Additional discussion surrounded concern over the time schedule. In previous meetings, the City indicated that the ITB would be out in March and now that component is two month behind the anticipated schedule. ACTION ITEM: Bring a revised schedule to the April CIPOC meeting for the Venetian Island Neighborhood Improvement Project. Eleanor Carney added that the City was to make efforts to seek other funding sources. Status Report: Palm & Hibiscus Island Undergrounding 6:24 p.m. David Martinez, Assistant Director of the Office of Capital Improvement Projects, said that the City's Legal Department had not yet received the inter-local agreement from the County and City officials are currently inquiring with the County to receive it. There is a negotiable fee for the design criteria package preparations and the contract will be executed when the inter-local agreement comes back and the numbers are known. T:\AGENDA\2012\5-9-12\CIPOC March 19 Meeting Minutes.docx 61 CIPOC MEETING MINUTES, March 19,2012 Page4of5 6. COMMISSION ITEMS: RFQ For Construction Management Service 6:25 p.m. Fernando Vazquez, CIP Director, said that this contract would provide construction management services on an as-needed basis to help supplement current CIP resources. The City is seeking a professional construction management firm to assist CIP in managing the multiple neighborhood ·improvement projects as infrastructure and streetscape improvement projects ramp up. The proposed selected firm would provide engineering management services to ensure plans are properly designed before going to bid. They would also provide assistance during the bidding process in reviewing bid proposals and construction management services up to project completion. A discussion ensued and the Committee requested clarifications on the scope of services outlined in the RFQ. Assistant City Attorney Raul Aguila joined the discussion as well and . answered some questions about conflicts of interest, etc. The Committee asked that some clarifications to the RFQ be made before the document goes to Commission. The Committee also requested that the RFQ for the construction management services include a list of the names of the projects to be supplemented with these services and to also include itemized budgets for the projects . Mr. Aguila opined that changes and addendums can be made up to the issuance of the RFQ. The full recording of the meeting can be found at http://web. miam ibeachfl. gov/m btv77 /scroll. aspx?id=52536 Recommend to the Mayor and Commission to pass the resolution. B. Erlich 2"d: T. Trujillo MOTION: MOVED: PASSED: 5 Votes in favor D. Kraai opposed Flamingo Park Tennis Center Project 7:05 p.m. Bert Cabanas, Capital Projects Coordinator, explained that the Guaranteed Maximum Price is $5.2 Million plus owner contingency. The City expects a start date in May and completion in one ·year after construction commences. The project will be phased so some courts are open at all times. A pro shop will also be open during construction, at times in a temporary location. Denis Russ, representing the Flamingo Park Neighborhood Association, spoke on behalf of the neighborhood. The community is enthusiastic about the project and has been in close dialogue with CIP about the project. There is an understanding that the budget evolves with the process as the market has changed. Mr. Russ is encouraged by the movement forward. MOTION: 'MOVED: PASSED: Recommend to the Mayor and Commission to pass the resolution. T. Trujillo 2"d: E. Camargo Unanimous C. Cuervo abstained (citing that a relative works for the company being hired) Collins Park Garage 7:11 p.m. Bert Cabanas, Capital Projects Coordinator, explained the project, which will include a 400-space garage, a pedestrian plaza and retail space. Christina Cuervo asked for a breakdown of square footage for the retail/commercial space. The BOOR has not yet been developed or accepted. Once that is complete, this information will be C:\Documents and Settings\clercari\Local Settings\Temporary Internet Files\Content.Outlook\BRULTI4G\AMENDED CIPOC March 19 Meeting MinutesMARCH. docx 62 CIPOC MEETING MINUTES, March 19,2012 Page5of5 included. This Professional Services Agreement includes the development of the BODR as part of the Architectural Services. ACTION ITEM: Bring a breakdown of square footage to the CIPOC as soon as available, preferably at the April meeting. MOTION: MOVED: Recommend to the Mayor and Commission to pass the resolution. T. Trujillo 2"d: E. Carney PASSED: Unanimous Meeting Adjourned: 7:17p.m. ·Next CIPOC meeting is scheduled for Monday, April 8, 2012 at 5:30 p.m. in Commission Chambers. However, meeting schedule may change. Official notification will be posted on the City Clerk Calendar, http://www.miamibeachfl.gov/calendar/cmbcalendar.aspx each month. C:\Documents and Settings\clercari\Local Settings\Temporary Internet Files\Content.Outlook\BRULTI4G\AMENDED CIPOC March 19 Meeting MinutesMARCH.dOCX 63 0') ~ LAST NAME FIRST NAME 1 Gross Saul 2 Camargo Elizabeth 3 Carney Eleanor 4 Cuervo Christina 5 Kilroy Stacy 6 Kraai Dwight 7 Trujillo Tony 8 Ehrlich Brain ATTENDANCE REPORT FOR CIP OVERSIGHT COMMITTEE JANUARY THROUGH DECEMBER 2012 Jan Feb March April May July Sept Oct Nov Dec -p A -A p -A p -p p -p A -p p -p p N/A N/A p *January 17, 2012 Meeting Cancelled A: ABSENT P:PRESENT N/A: NOT APPOINTED I * NOT SERVING Discipline Chair Architect Engineer Citizen-at-Large Construction Engineer Capital Budget/Finance/ Citizen-at-Large Developer 0') c.n LAST NAME FIRST NAME 1 Gross Saul 2 Camargo Elizabeth 3 Carney Eleanor 4 Cuervo Christina 5 Kilroy Stacy 6 Kraai Dwight 7 Trujillo Tony 8 Ehrlich Brain ATTENDANCE REPORT FOR CIP OVERSIGHT COMMITTEE JANUARY THROUGH DECEMBER 2012 Jan Feb March April May July Sept Oct Nov Dec -p A -A p -A p -p p -p A -p p -p p N/A N/A p *January 17, 2012 Meeting Cancelled A: ABSENT P:PRESENT N/A: NOT APPOINTED I* NOT SERVING Discipline Chair Architect Engineer Citizen-at-Large Construction Engineer Capital Budget/Finance/ Citizen-at-Large Developer THIS PAGE INTENTIONALLY LEFT BLANK 66 lt\ MIAMI BEACH - 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: May 9, 2012 SUBJECT: REPORT OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE HELD ON TUESDAY, APRIL 24, 2012. A meeting of the Neighborhood/Community Affairs Committee was scheduled for Tuesday, April24, 2012 at 3:00 pm and was held in the City Manager's Large Conference Room, 4th Floor of City Hall. Commissioners in attendance: Mayor Matti Herrera Bower (departed meeting at 5:03pm), Commissioners Edward L. Tobin, Jorge Exposito (arrived at 3:33pm), and Michael Gongora (arrived at 3:33pm and departed at 5:15pm). Members from the Administration and the public were also in attendance. Please see the attached sign-in sheet. THE MEETING OPENED AT (3:30PM) 1. DISCUSSION REGARDING LICENSING AND AUTHORIZATION REQUIREMENTS FOR MOBILE FOOD TRUCKS AND PROPOSAL FOR A CITY SPONSORED FOOD TRUCK FESTIVAL. (4:57PM) Assistant City Manager Hilda M. Fernandez explained that the topic of food trucks was requested to return to the Neighborhood/Community Affairs Committee (NCAC) for further discussion. A North Beach community meeting was held. Businesses and residents were invited to attend as well as City staff and a representative from the food truck industry. Several options were discussed and a concept introduced. At the conclusion of the discussion, it was determined that there was enough support to have a pilot program, perhaps tied in with another event. The City will also ask the local businesses to participate. Commissioner Tobin stated that he would like to see three (3) events as a pilot program and that there must be consistency with the time and dates selected. The City needs to invite participation by the restaurants, as well as be hospitable and sensitive to their needs. Commissioner Exposito made a motion for the Administration to identify three (3) dates with consistent days and times and move forward with a pilot program. He asked that, moving forward, once the pilot program is assessed, that these mobile businesses provide nutritional information for their offerings so the community knows what they are eating. Mayor Matti Herrera Bower wanted to know if this would be treated like any other special event and emphasized the need for these companies to be treated equally. The food trucks must take care of bathroom, sanitation and other security needs. She wants to ensure that for-profit companies are treated the same. Jim Heins spoke regarding the history and concept of the food truck infusion. 67 Agenda Item C <e_8 Date £--'1-!L, City Commission Memorandum May 9, 2012 Report of the Neighborhoods/Community Affairs Committee of April24, 2012 Page 2 of9 ACTION: Administration to identify three (3) dates with day and time consistency and move forward with a pilot program for the food trucks and return to the Neighborhood/Community Affairs Committee with results. 2. DISCUSSION REGARDING COMMUNICATIONS ABOUT THE PROGRESS OF PROJECTS AND CONSTRUCTION TO THE LOCAL RESIDENTS. Referred at February 8, 2012 Commission, Item R9G (Requested by Commissioner Jorge R. Exposito and referred to committee by acclamation) Deferred at March 27. 2012 NCAC (6:33PM) This item was referred by Commissioner Exposito for an overview of the steps that the Public Works and CIP offices take to communicate the progress of projects and construction to the public. Public Works Director Fred Beckman began the discussion stating that the City has contractual commitments from contractors regarding project progress. The City's CIP Public Information Officer (PIO), Maria Palacios, is an expert at outreach and communications. Therefore, the City currently has multiple tiers of communication with the public. o PIO Identifies stakeholders and begins to build a stakeholders email database o PIO schedules, coordinates planning, and attends stakeholder construction kick-off meetings outlining the work and anticipated impacts. o PIO walks door to door with door hangers notifying residents and businesses when each new phase of work begins. o PIO sends an email blast every Friday with latest project information to affected residents and business o PIO handles phone calls and emails responding to complaints o PIO follows through and closes the loop on issues that have been raised Commissioner Exposito wanted to have this type of information in an easy-to-access format, such as on the City's website to eliminate the need for phone calls. He would like to see the information readily accessible to anyone at any given time. The Commissioner requested an interactive map be available for easy navigation. Maria Palacios spoke regarding the ongoing efforts in revamping the CIP web portal. The goal is to give a detailed overview of each project at its various stages including funding. An interactive map will also be available for citizens to click and easily see the types of construction. Additionally, one of the key factors in the communication efforts is to develop a comprehensive database. Commissioner Exposito mentioned that this is essential. Case in point, he received about 15 calls from the Bayshore neighborhood where residents were reporting pipes sticking out from the ground and water was being wasted. He was able to learn, that this was the way to flush out the system while necessary upgrades are completed. These calls would have been avoided if this information were accessible online. He noted that he is glad to see this joint venture with Public Works and CIP and appreciates all the efforts. Christine Florez spoke regarding the search engine on the City's website. ACTION: Commissioner Tobin requested an update on the City's website during the upcoming retreat. 68 City Commission Memorandum May 9, 2012 Report of the Neighborhoods/Community Affairs Committee of April 24, 2012 Page 3 of9 3. QUARTERLY CRIME STATISTICS (RECURRING ITEM ON A QUARTERLY BASIS). Commission Item R9D, Apri/13, 2011 (Requested by Commissioner Tobin) Last report to NCAC January 30, 2012 (5:15PM) Major Angel Vazquez began by reporting crime statistics. Commissioner Tobin asked how these statistics are analyzed and by whom. Major Vazquez explained that key staff meets weekly, quarterly and annually to review the statistics and devises action plans. At the request of Commissioner Tobin, a quarterly report was shared. Commissioner Tobin was concerned that he had been advised that the City's statistics were higher than the City of Miami. Assistant Police Chief Mark Overton introduced himself. He shared the information most recently gathered and the current action plan. Several meetings have taken place during his three weeks with the City in which the Department sought to identify the root problems as well as address their symptoms. The City has seen some slight increase in robberies as well as burglaries. Thefts are down as well as aggravated assaults. The Department has been able to identify trends that will help for future planning. One consideration to deter crime would be to close the beach (sand area) with some sort of gate as well as signage indicating that the beaches are closed; this will allow the officers to challenge trespassers. This is an issue that the Department would like assistance from the Commission to address. Increases in prostitution in the entertainment districts as well as house burglaries in the Venetian area are also concerns. The Department has increased enforcement efforts to address prostitution. Commissioner Tobin wanted to ensure that the Department is not changing the Sector program. He also mentioned concerns with the North Beach area regarding crime, drugs, homeless, alcohol establishments, low level narcotics, vagrants, prostitution, hundreds of condoms next to the tot lot and dunes. He wanted to make sure that Police is addressing all of these issues. This is a decades old problem and he wants to make sure the City is doing something about it. Residents feel that the North end does not get enough attention. Assistant Chief Overton assured the committee that the Department is currently working in this area and has more enforcement, as well as a beat detail. Commissioner Exposito asked Assistant Chief Overton to feel free to communicate and speak up and let the Commission know what they can do to help. He further stated that during his campaign in 2009, the common sentiment from the residents, specifically the older residents, was the fear of going out to catch a bus. Perhaps talking to the residents in the area, Police can gather feedback directly from them to help identify those concerns. He urged continuation of the beat detail. Major Vazquez discussed the statistics with the committee. Carla Probus spoke regarding the possibility of having certain beach entrances fenced. She was also expressed her concern with the City park maintenance. She wanted this to be considered and brought to the Commission. Commissioner Tobin stated that he will make a referral. Assistant City Manager Hilda Fernandez indicated that the Administration is already getting estimates for gates at various points on the beach. ACTION: Discussion only. 69 City Commission Memorandum May9, 2012 Report of the Neighborhoods/Community Affairs Committee of Apri124, 2012 Page4 of9 4. QUARTERLY PROJECT STATUS REPORT. (FOOT Alton Road Project) Commission Item R9C, July 13, 2011 (Requested by Commissioner Gongora) Last discussed at NCAC November 10. 2011 (7:08PM) ACTION: Deferred to a future meeting. 5. QUARTERLY REPORTS REGARDING WASHINGTON AVENUE. Commission Item C4H, October 19, 2011 (Requested by Commissioner Gongora) (6:50PM) Commissioner Tobin asked that the Planning Department share its urban plan when completed. For the last twenty years, the City has tried to do something about Washington Avenue but nothing seems to take place. Assistant City Manager Jorge Gomez stated that in prior years, Commissioner Liebman attempted to pass an ordinance that limited the amount of tattoo parlors. Commissioner Tobin stated that Tattoo Parlors are a symptom of something else. Assistant City Manager Gomez commented that it could also be the landlord's lack of oversight. He asked if the Commissioners wanted to legislate and target that industry. Commissioner Tobin does not want to tell anyone that they can't be here; he wants alternatives on what the City can do to improve the area. If the area smells and drug transactions are taking place, then that is the type of tenant that these landlords are going to get. He stated that he would like for someone to create a plan and share it with the committee. Assistant City Manager Hilda M. Fernandez provided an update to everyone on the most recent efforts regarding Washington Avenue. At the request of Commissioner Libbin, a public workshop was recently held at The Wolfsonian. It was well attended by residents, business owners and City staff. During the meeting, short-and mid-term steps, as well as long-term solutions requiring funding were discussed requiring a policy decision. Sheryl Roberts spoke. Commissioner Tobin does not know if going back to the community and asking them for the best way of handling urban planning is the best approach given the professional talent available in the City. Assistant City Manager Fernandez stated that the Planning Department is currently working with Florida International University to create a plan. Carla Probus spoke. Commissioner Tobin expressed reservations regarding this approach. He wanted specifics as to the vision and who within the City would bring it to fruition. Assistant City Manager Gomez stated that the City can't compel an owner to improve his or her business. The City can help as much as possible as was done on Ocean Drive. ACTION: Administration to come back with a comprehensive plan. 70 City Commission Memorandum May9, 2012 Report of the Neighborhoods/Community Affairs Committee of April24, 2012 Page 5 of9 6. FILM PERMITS a. DISCUSSION REGARDING THE GUIDELINES FOR FILM PERMITS ISSUED IN RESIDENTIAL NEIGHBORHOODS. Commission Item C4F1, March 21, 2012 (Requested by Mayor Mattie Herrera Bower, Commissioner Deede Weithorn and Vice- Mayor Jerry Libbin) b. DISCUSSION REGARDING PROPOSED AMENDMENTS TO THE CITY'S FILM AND PRINT GUIDELINES. Commission Item C4F2, March 21, 2012 (Requested by Administration) (3:28PM) Max Sklar introduced the item. The last time the City's Film & Print Guidelines were amended was April 2001. The City decided to take a look at these guidelines. The Tourism and Cultural Development office has been working with the Production Industry Council (PIC) for several months to review the current Film and Print Guidelines and recommend any needed amendments. Recently, however, concerns had been raised by a resident about the frequency of permits issued for film/print activities in residential neighborhoods and specifically single family homes. Max Sklar shared those proposed amendments that were non-controversial first. (See page 24 of agenda package). Most of these proposed amendments are regulations primarily intended to enhance public safety. Direction from the Committee was requested regarding the current residential notice requirements. In particular, the issue introduced and discussed was the proposal by resident Irwin Friedman to limit the number of days of filming in a residential neighborhood in a month that only require notification to neighbors. This was the result of activity of use in his neighbor's house. He proposed five days, after which consent would be required. Mr. Sklar explained that, at present and due to a loop hole, it is up to 14 days without consent, which could result in a production company taking a one-day break and filming another 14 days-or a total of 28 days in a month. Staff acknowledged that this was an issue and recommended language to remove that loophole. However, direction was requested on the maximum number of days of filming with only notification. Commissioner Gongora stated that he is having concerns with a particular problematic house that has caused several issues. He does not want to put a freeze on the production industry because of one bad house. He wants us to deal with that particular house. Assistant City Manager Fernandez addressed Commissioner Gongora's comments. The issues raised by this particular property were not related to film permits. Several residents, production industry representatives and business owners spoke on the issue of limiting production days: Bruce Orosz Todd Glaser Gloria Bierman Alex Tachmes Irwin Friedman (Mr. Friedman read his comments for the record, see attachment) AI Crespo Hugo Rodriguez Alana Rothlein Noreen LeGault Leah Sokolowsky Christina Labuzetta Sandy Lighterman 71 City Commission Memorandum May9, 2012 Report of the Neighborhoods/Community Affairs Committee of April 24, 2012 Page 6 of9 Jennifer Radzikowski Clint Phinney Andy Schetter Maria Chavez Andrew Nathanson Adam Shedroff Erin Lucas Julie Chang Cesar Valdesuso Margarite Ramos Michael Bernstein Mickey Minagorri Patti Hernandez Norma Quintero Commissioner Tobin would like to experience the film permit process to better understand it. It was requested that staff coordinate a meeting between residents and the industry to see if there could be agreement on the issue of number of days of filming in a residential neighborhood. ACTION: Administration to schedule a community meeting with the Industry and residents to discuss. 7. DISCUSSION REGARDING THE FINE SCHEDULE FOR A PROPOSED ORDINANCE AMENDING THE FOLLOWING CHAPTERS IN THE CODE OF THE CITY OF MIAMI BEACH TO PROVIDE CIVIL ENFORCEMENT AND PENAL TV PROVISIONS TO REPLACE CRIMINAL MISDEMEANOR ENFORCEMENT AND PENAL TV PROVISIONS AS FOLLOWS: AMENDING CHAPTER 70 ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 70-6, ENTITLED "PENAL TIES," TO PROVIDE CIVIL PENAL TIES AND SPECIAL MASTER ENFORCEMENT PROVISIONS RELATIVE TO THE PROHIBITIONS IN CHAPTER 70, EXCEPT FOR VIOLATIONS OF SECTION 70-3 ENTITLED "VIBRATION"; BY AMENDING CHAPTER 74 OF THE MIAMI BEACH CITY CODE ENTITLED "PEDDLERS AND SOLICITORS," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 74-1 ENTITLED "SOLICITING BUSINESS IN PUBLIC FROM PEDESTRIANS," BY PROVIDING THAT THE SOLICITATION OF ANY FOOD, BEVERAGE OR SERVICE IS ALSO A PROHIBITED ACTIVITY AND PROVIDING CIVIL PENAL TIES AND SPECIAL MASTER ENFORCEMENT PROVISIONS; BY AMENDING CHAPTER 82 OF THE MIAMI BEACH CITY CODE ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 82-1, ENTITLED "CONDUCTING BUSINESS ON STREETS, PARKS OR OTHER PUBLIC PROPERTY," BY PROVIDING CIVIL PENAL TIES AND SPECIAL MASTER ENFORCEMENT PROVISIONS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. (DEFERRED TO FUTURE MEETING) Commission Item RSA, April11, 2012 (Requested by Commissioner Weithom) There was no discussion. Item was deferred prior to the meeting. ACTION: Item deferred to a future meeting of the Neighborhood/Community Affairs Committee. 72 City Commission Memorandum May 9, 2012 Report of the Neighborhoods/Community Affairs Committee of April 24, 2012 Page 7 of9 8. DISCUSSION REGARDING THE 41 5 r STREET LIFE SAFETY RECOMMENDATIONS FROM THE COMMITTEE FOR QUALITY EDUCATION. Commission Item C4E, March 21, 2012 (Requested by Commissioner Weithom) (5:42PM) Karen Rivo, Chair of the Education Committee spoke regarding improvements. However, she expressed concern with the crosswalk located on 41st Street and Garden Avenue. The proposal from the Education Committee was to move the crosswalk with the lights from 41st Street and Garden Avenue to 41st Street and Jefferson Avenue. Public Works Transportation Manager Jose Gonzalez spoke regarding the recent study conducted in January 2012. The study concluded that a new traffic signal is not warranted at the intersection of 41st Street and Jefferson Avenue for the following reasons; signal proximity, pedestrian volume and accident volume. However, the Public Works Department requested that FOOT revisit the January 2012 traffic safety study and, in particular, to consider relocating the existing signal at 41st Street and Garden Avenue to Jefferson Avenue (where the majority of students are currently crossing) rather than add a new one. The City believes that the potential signal relocation would improve the safety of pedestrians crossing at Jefferson Avenue, while not impacting existing signal proximity along the corridor. The results of the supplemental analysis are anticipated by the end of May 2012. Commissioner Tobin wants the City to take a look at this area to ensure that the City is addressing safety and pedestrian concerns. Commissioner Exposito stated that it would be good to look at the light while exiting the causeway; at a specific angle, it looks as the light is green. So by moving it to the requested spot, it will ease the visibility coming from the Causeway. Commissioner Tobin addressed Mrs. Rivo with regards to student safety at the middle school. Mrs. Rivo announced a meeting that will be held tomorrow at David's Cafe to address certain concerns by the Miami-Dade County Public Schools superintendent. Gabrielle Redfern spoke regarding the lack of school nurses and the importance of having them at our schools. Dessiree Kane spoke and commented on how her son taught her about drugs and how it happens on in school grounds. She suggested having a police dog to sniff for drugs. Commissioner Tobin stated that he will speak to the School Board to consider. Leonor Hernandez spoke regarding her own experience. ACTION: The Committee directed Public Works Transportation Manager Jose Gonzalez to work with FOOT. 73 City Commission Memorandum May9, 2012 Report of the Neighborhoods/Community Affairs Committee of April24, 2012 Page 8 of9 9. DISCUSSION REGARDING MASS TRANSIT CONNECTIVITY WITHIN MIAMI BEACH AND WITHIN MIAMI-DADE COUNTY. Commission Item C41, March 21, 2012 (Requested by Commissioner Tobin) (5:54PM) Transportation Manager Jose Gonzalez introduced himself and explained his past role in the City of Miami and his current role in the City of Miami Beach. The Administration is currently working with Miami-Dade Transit, Miami-Dade Metropolitan Planning Organization and the Florida Department of Transportation on various short term and long term transit projects. The current project pertains to Miami-Dade Transit, Local circulator (South Beach Local}, Airport Flyer/Route 150 and Bus Routes servicing Miami Beach and vicinity. Commissioner Tobin wanted to know about available benchmarks that are being used to identify the future vision of the City's transit issues. Is there any city that stands out when it comes to great transportation? Portland, WA was mentioned. Assistant City Manager Gomez stated that the reason Portland has a great system is due to the strong commitment from the community to get involved and engaged in the transit system, as well as the importance of getting other agencies involved in the process. Miami Beach has a historic community and is fully built-out. The City cannot widen its streets to create more capacity on our roads. Commissioner Tobin asked what can be done. Is there any school of thought to have a discussion with developers to look at opportunities? Assistant City Manager Gomez indicated that the City is currently having discussions with specific developers regarding improvements to transit and dedicating land to future right of way expansion. Assistant City Manager Gomez also stated that we need to have a dedicated system; something similar to Baylink and that until the City becomes part of a bigger network, it will remain isolated. Commissioner Exposito mentioned that as he has stated in the past during commission meetings that the FCC corridor now wants to do some type of a light rail north and South, One of the things that he has asked of the County Commissioners is to include Miami Beach as part of that plan. The City needs to begin discussion with Miami Dade Transit. In addition, he wanted to explore the possibility of having loops for the South, North and Middle areas. Assistant City Manager Gomez commented that the City is already looking at technology and options to move forward with some local routes. Jose Gonzalez stated that we are currently working on some short term goals. Gabrielle Redfern spoke. Commissioner Exposito is happy to learn that we are working on connectivity at each point of interest. Public Works Director Fred Beckman stated that once the study is concluded we will present funding source and needs. This should be ready within the next couple of months. Christine Florez spoke 74 City Commission Memorandum May 9, 2012 Report of the Neighborhoods/Community Affairs Committee of April24, 2012 Page 9 of9 Gabrielle Redfern spoke Paul Janas spoke Clotilde Luce spoke Commissioner Tobin would like to further discuss this issue at the retreat. ACTION: Administration (Jose Gonzalez) to send Commission and present community members the consultant's agreement and scope of services. 10. DISCUSSION REGARDING A RESOLUTION GRANTING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AFTER-THE-FACT REVOCABLE PERMIT TO ASR BERWICK FAMILY L TO PARTNERS, AS OWNER OF THE COMMERCIAL PROPERTY LOCATED AT 335 WEST 47TH STREET, TO RETAIN A/C UNITS, A UTILITY ROOM, AND A TRASH ENCLOSURE, CURRENTLY PLACED WITHIN THE PUBLIC CITY RIGHT-OF-WAY ON WEST 47TH COURT. (Resolution No. 2012-27826 adopted and item referred to the Neighborhoods/Community Affairs Committee in 90-days to review the progress made per the recommendation as listed below. If the parties cannot agree then bring back to the City Commission for reconsideration of the revocable permit). a. City Department to get involved to improve the area b. Both neighbors to meet and craft mitigation plan that includes: i. monthly maintenance (consider someone neutral, a third party) ii. enforce traffic and dumping issues iii. eliminate standing water iv. eliminate dead electrical conduits and/or open wiring v. bulky trash or any type of work outside the building is not to be allowed vi. obtain some type of uniformity with the iron gate by painting it vii. If at referral meeting, the Committee does not recommend approval, then bring back to Commission. Commission Item RlA, January 11, 2012 (Requested by City Commission) (5:12PM) Public Works Director Fred Beckmann requested to defer discussion to a future meeting as an agreement is still in the works and the attorneys were not present. ACTION: The discussion was deferred to a future meeting. THE MEETING ADJOURNED AT (7:10 PMJ JMG~S/KT/BH T:\AGENDA\2012\5-9-12\NCAC REPORT APRIL 24-2012.doc 75 SPEECH BEFORE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE April24, 2012 MY WIFE NORA AND I MOVED TO MIAMI BEACH, AS SNOW BIRDS, ABOUT 10 YEARS AGO. THIS CITY-THIS LOCATION-IS LIKE SHANGRI-LA TO US. WE HAD A GOOD RUN ... THEN FROM DECEMBER 2011 TO FEBRUARY 2012, THE TRANQUIL BEAUTY OF OUR SINGLE FAMILY NEIGHBORHOOD WAS TRANSFORMED INTO A COMMERCIAL PRODUCTION ZONE. THERE WERE EVER INCREASING FILM/STILL SHOOTS AT OUR NEIGHBOR'S HOME. A TOTAL OF 15 IN 3MONTHS. THE NEIGHBOR IS VERY NICE, WE HAVE BEEN OVER FOR DRINKS, ETC. HOWEVER, WE MOVED HERE FOR PEACE AND QUIET AND TRANQUILITY AND VISITING WITH OUR GRAND KIDS. WE HAVE A RIGHT TO PEACE AND TRANQUILITY IN OUR SINGLE FAMILY NEIGHBORHOOD! WE MET WTH OUR NEIGHBOR, BUT WE WERE NOT ABLE TO LIMIT THE SHOOTS BY AGREEMENT. WE COMPLAINED TO THE CITY, WHO TOLD US THEIR HANDS WERE TIED BECAUSE THE GUIDELINES ALLOW IT. SO, THE ONLY OPTION WAS TO AMEND THE FILM/PRINT GUIDELINES. I UNDERSTAND AND ACKNOWLEDGE AND APPRECIATE THE FILM/STILL SHOOTS INDUSTRY, AND THE INCOME GENERATED BY THE INDUSTRY, TO OUR HOTELS, RESTAURANTS, AND SERVICE INDUSTRIES LIKE CLEANERS, CATERERS, ETC .... WE DO NOT WISH TO BLOCK THE FILM/STILL SHOOTS INDUSTRY. WHAT WE DOW ANT IS FAIRNESS AND BALANCE ... TO BOTH SIDES. SOMETHING THAT WILL ALLOW THE FILM/STILLS INDUSTRY TO PROSPER WITHOUT HOMEOWNERS GETTING OVERWHELMED IN SINGLE FAMILY NEIGHBORHOODS WITHOUT THEIR CONSENT. AS YOU KNOW, WE ARE PROPOSING THAT THE CONSENT OF ABUTTING NEIGHBORS BE REQUIRED IF THERE WILL BE MORE THAN 5 DAYS OF PRODUCTION ACTIVITY IN A MONTH. FIRSTLY, 5 DAYS IS A LOT, AND THAT'S 60 DAYS/YEAR! THAT'S 2 FULL MONTHS WORTH OF FILM AND PRINT ACTIVITY, WITHOUT ANY NEIGHBOR'S CONSENT, IN A SINGLE FAMILY NEIGHBORHOOD WHERE COMMERCIAL USES ARE SUPPOSEDLY PROHIBITED! AND, BY THE WAY, THERE ARE HOMEOWNERS WHO DON'T WANT ANY FILM OR PRINT SHOOTS AT ALL IN RESIDENTIAL NEIGHBORHOODS. 76 KEEP IN MIND THAT ANY COMMERCIAL ENTERPRISE IN A RESIDENTIAL AREA IS TECHNICALLY PROHIBITED, BY MIAMI BEACH ZONING. FOR EXAMPLE, YOU CAN'T HAVE ANY COMMERCIAL PARTIES IN SOMEONE'S SINGLE FAMILY HOME. NOT ONE. AND EVEN IF IT'S JUST 5 PEOPLE AT THE PARTY, WITHOUT ANY IMPACT ON NOISE, TRAFFIC OR ANYTHING ELSE! IT'S PROHIBITED. I DON'T KNOW WHY THAT'S ANY DIFFERENT THAN COMMERCIAL USES FOR FILM/PRINT SHOOTS IN SINGLE FAMILY USES. UNDER YOUR CODE, COMMERCIAL USES ARE NOT ALLOWED IN SINGLE FAMILY NEIGHBORHOODS. PERIOD. ANYWAY, WE WANT THE HOMEOWNERS ABUTTING TO HAVE A CHOICE. AFTER 5 IN ONE MONTH, IF THEY SAY NO, IT'S NO WITH NO APPEAL. THIS IS FAIR AND BALANCED. IF THE FILM/STILLS INDUSTRY DOES NOT LIKE THIS, THE QUESTION IS WHY? DO THEY NOT CARE WHAT THE HOMEOWNERS WANT? IN THE CITY STAFF MEMO, IT SAYS THE PRODUCTION INDUSTRY WANTS 13 DAYS PER MONTH WITH NO NEIGHBOR CONSENT. ARE YOU KIDDING ME? THAT'S 156 DAYS PER YEAR OF FILM AND PRINT SHOOTS IN A RESIDENTIAL AREA WITH NO CONSENT. THAT'S ALMOST HALF THE YEAR! THAT IS NOT RIGHT. THAT IS NOT BALANCE. HOMEOWNERS ARE ALREADY GIVING, ACCORDING TO OUR PROPOSAL, ... 5 DAYS-NO QUESTIONS ASKED. DOES THE FILM INDUSTRY, WITH THE CONCURRENCE OF THE CITY, WANT TO SHOVE IT DOWN THE HOMEOWNERS' THROATS?? THE CODE, AS IT IS TODAY, IS UNFAIR, UNREASONABLE, AND ACTUALLY DOES SHOVE IT DOWN HOMEOWNERS' THROATS. WE ONLY WANT A BALANCE. • FIVE DAYS/MONTH WITHOUT CONSENT. • ADDITIONAL DAYS REQUIRE ABUTTING NEIGHBORS CONSENT. • AND IF YOU TRY, BUT CAN'T GET A RESPONSE FROM THE NEIGHBOR, THE NEIGHBOR'S CONSENT IS DEEMED GIVEN! SO NO DELAY WILL OCCUR TO THE PRODUCTION INDUSTRY IN HAVING TO TRACK SOMEONE DOWN FOR CONSENT. THIS IS A VERY REASONABLE AND BALANCED APPROACH. CONTRARY TO THE SUGGESTION IN THE STAFF MEMO, THIS IS NOT AN IRWIN FRIEDMAN ISSUE. IT'S AN ISSUE THAT IS IMPORTANT TO HOMEOWNERS THROUGHOUT OUR CITY. 77 IN ADDITION TO THE PERSONS ATTENDING THIS MEETING TODAY SHOWING THEIR SUPPORT, WE HAVE RECEIVED EMAILS OR LETTERS OF SUPPORT FROM MEMBERS OF MULTIPLE HOMEOWNERS' ASSOCIATIONS THROUGHOUT THE CITY INCLUDING: 1. LAGORCE ISLAND 2. MIDDLE NORTH BAY ROAD HOMEOWNERS ASSN 3. SUNSET ISLANDS 3 AND 4 4. ORCHARD PARK NEIGHBORHOOD ASSN; AND 5. PALM VIEW HISTORIC DISTRICT ASSN LET'S VOTE, NO MORE SHOVING DOWN THROATS FOR US. LET'S DO THE FAIR AND BALANCED THING, WHICH IS GOOD FOR ALL PARTIES, INCLUDING THE FILM INDUSTRY. THIS IS A GREAT CITY WITH GREAT HOMEOWNERS. 78 L ----.,..-------~ (9. MIAMI BEACH NEIGHBORHOOD/COMMUNI~ AFFAIRS COMMITTEE MEETING · Aprill24, 2012 ...... (Q PLEASE PRINT LEGIBLY NAME SIGN-IN SHEET ORGANIZATION I ~EPT. I PHONE NO. ~·-···· ) --------· -·-----o•M•---··• ·-. -----··----(9 MIAMIBEACH NEIGHBORHOOD/COMMUNI"Nl AFFAIRS COMMITTEE MEETING April ~4, 2012 . SIGN-N SHEET . PLEASE PRINT LEG/BL Y NAME ORGANIZATION I qEPT. I PHONE NO. I EMAIL ~-..::bt fr~clt~~~~L~I~~~~~ 0 -l£:,~(0 ~~------CO I ---, -..... -, v---v--" I :'Sc'' 9> 'w' -R ll '«"'~'li-I ,--,,--r ,----1 ,... --n-!='lv•)Y'''Ivw•'="' .. --. v ,,-,, .. 1 0 I U .. i { \ ~)w\\Nl~ro._\'111,·~ .. ~ \A/,..------t"-..1 ..---.:...1: ... -_ _.. ... If ...... ,~ -·.L.h-......... .:----..1 .. _t...,. • ..--11 •• J.. ... l:a-•• -...t -... -1,..1-. t--·-• .:L--a ,_J...t--1 l..:"""-..:-----·· ... :4. L -· -··-· -···------·-·--· ·-----·--··---·--------·e MlAMIBEACH NEIGHBORHOOD/COMMUNil} AFFAIRS COMMITTEE MEETING Aprilt24, 2012 SIGN-IN SHEET PLEASE PRINT LEGIBLY NAME PHONE NO. EMAIL hc..t....2~v~r.J 00 ~ ;r r W I IV .Fv-( e, .J/'4. tL Ill ov;({ 13i-e.~ rua. ~lb./A IV Cllt<.DG"Aio I (!M B Col¥ COM.Oti~JtleE "/lAliJAl (!tJQj)~,Jo i AI tAUIAimCtf R. t;e'V [MA-({.;1/}-Clf'n/t-1 .. ' ~1\.en~c.. c,1 I Lo~op-A;f~~ \}J-l-1"> s ':. \AI-------:u-..J a.. --..r.J:---·~--U--" -. .£.1:---... .:--... ..1 ,_c_,. • .._ -U •• J,. ... lr.-•• -.J. --..I -1-. :--·-._-t.,_,. J <9 MIAMtBEACH NEIGHBORHOOO/COMMUNIJ' AFFAIRS COMMITTEE MEETING April 24, 2012 SIGN-N SHEET ' PLEASE PRINT LEGIBLY . ORGANIZATION I fpEPT. I PHONE NO. EMAIL !5PI1 I n~-ON I-/.~. M\3\' I:> s-Oli'--\ k1e.PD "I ~ 1 rw_rmo/te. tvv;trn ,, " 4-1 trome: t r:: ~· r .!UTrt'jC a 1 -~ • r 1 Kfrl/(>f/n" rnwv aez l*"'~':'fl" 1 I!Avt lJitQso . I ! ~Eitdiv /Z6t?~ -1 C/&~-7 /-kJ ?/Jt1/3 ie£Jo ~t~·· tA.I-----m-..J,_ --.:..J: .... - -.. -u... .......... t..t: ........... .: ...... -... ..J .,_t,_,.,._ -U •• .L-1:.-··-..L --...1 -1-~•-_.,_. • .:L.,._,.;, '-'1!-:--1 l..: .. t-..: ... ----··-:a.• m MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: Mayor Matti Herrera Bower and Members o:zthe c· Commission Jorge M. Gonzalez, City Manager ~ r)J-' DATE: May 9, 2012 SUBJECT: REPORT OF THE APRIL 24,2012 INT NEIGHBORHOOD I COMMUNITY AFFAIRS AND LAND USE AND DEVELOPMENT COMMITTEES MEETING A Joint Neighborhood I Community Affairs and Land Use and Development Committees meeting was held on April 24, 2012. Members in attendance were Commissioners Exposito, Wolfson, Gongora and Tobin. 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 approximately 5:15pm. 1. DISCUSSION REGARDING A POSSIBLE CHARTER AMENDMENT RESTRICTING THE MANNER IN WHICH CHANGES TO CURRENT LAND USE REGULATIONS CAN BE MADE. (RETURNING FROM THE MARCH 27, 2012 NCAC AND MARCH 28, 2012 LUDC MEETINGS. ORIGINALLY REQUESTED BY MAYOR MATTI HERRERA BOWER JULY 13,2011 CITY COMMISSION MEETING, ITEM R7G; AND DECEMBER 14, 2011 CITY COMMISSION MEETING, ITEM C4C; AND COMMISSIONER JONAH WOLFSON DECEMBER 14. 2011 CITY COMMISSION MEETING, ITEM C4D} AFTER-ACTION: MOTION: Bower/Gongora: (3-1 Commissioner Tobin against) Present to the full Commission for this consideration Alternative 2: SHALL THE CHARTER BE AMENDED SO THAT, AFTER AUGUST 15, 2012, AND BEFORE BECOMING EFFECTIVE, ANY CHANGE TO THE LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, THAT ALLOWS INCREASED MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? Attachment JMG/, T:\AGENDA\2012\5-9-12\Joint NCAC-LUDC Meeting of April24, 2012 afteraction.docx 83 Agenda ltem___::e,:::;.;~:e::;.._e_. __ Date_S:=-:1--"---"-!. __ &_ L -----------···· ··-··--·--··-----·----·--j• ·-1 I -~ (9. MIAMIBEACH NEIGHBORHOOD/COMMUNij, AFFAIRS COMMITTEE MEETING · Apri1124, 2012 SIGN-'N SHEET 00 ~ PLEASE PRINT LEGIBLY NAME \AI----:u-...1 ~ -.. -.:~:-----11--" -• .I... I:-........ .: ...... _ ... -1 ..,_c_,.. '--II •• .L ... r:.-...... ..1. _.,...J -1-. :--·-• .:1..-... ~o PHONE NO. ~--·--) 00 c.n ·--· -----··-·----------e MIAMlBEACH NEIGHBORHOOD/COMMUNI3': AFFAIRS COMMITTEE MEETING April F4, 2012 . _ SIGN-N SHEET " PLEASE PRINT LEGIBLY NAME k. .(cfY\ b OJf\7 O-re;.(§> w\ \ ~~mM,· ~~ .>Cfr' Wo----~--~· --L .......... --~ •. J ~." ····"· ·-··-'-•• J •'-· > ••••• <--~•" ~-----·-•· L ------------·-------------. ·------------00 0') "" ·& MIAMIBEACH ~ -NEIGHBORHOOD/COMMUNI3:" AFFAIRS COMMITTEE MEETING April i24, 2012 SIGN-'N SHEET PLEASE PRINT LEGIBLy I NAME PHONE NO. ~P~~"'~~~a...C ,J EMAIL ;&) I) L. , Ct:7 ·~·~ i y wf(l) {rf-eJti! CLC> L t. C.OII'f Jl · l'or-Lf11-j~~~ ~:<-v Y)\.~ ;-Doo@ !Wt:-.,C"'.rrl '€12AlAJ.J CAR.DG"IVo I (!M B Co'OI:r COM..Ol/~4/c.E (:305. t,;7.1.777f, IHEilloltJtJat)QlJE.tJoiMIAJ.JttJgnCtff:L. GeV ... _ --~·~-~~:~-~ ~-~ ~ ~~~~-~'JL~:~t" !~--·· . . ~~· .r ~ MlAMIBEACH NEIGHBORHOOD/COMMUNI!:! AFFAIRS COMMITTEE MEETING April~24, 2012 SIGN-IN SHEET 'l PLEASE PRINT LEGIBLY -. ~ ORGANIZATION I ~EPT. I PHONE NO. EMAIL /5/)/1 1 n,-Oft/ ft·r·~ . 00 ....... . M\31' !.':) k-\g(JJ) ·tlMivt VN.so . I II t£.oft:~tdiv !Z6o~ -1 C/~-~ /-k1 ~: ~~ ~~1'4 Q.OJt/ 00l~ ?j 9.., /j 2e£l0 _____ \lt_l_-_-~---:-:-~---~ ··-~ -·"----~ -~ -~·--···"-,_ ··-" ~ -~·--·-···~ l·-· ··----·~ ~!LLt~tJ.:>. .. THIS PAGE INTENTIONALLY LEFT BLANK 88 (9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMITTEE MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission DATE: May 9, 2012 , v u FROM: City Manager Jorge M. Gonzalez 8' 4 ~ SUBJECT: REPORT OF THE FINANCE A CITYWIDE PROJECTS COMMITTEE MEETING OF April19, 2012. OLD BUSINESS 1. Discussion regarding new recycling bins throughout the ROW on the beach ACTION The Committee recommended that demo bins from GoGreen Eco-Bin, Big Belly Solar, and a Coca-Cola wrapped bin be placed in the City by the end of April 2012, that if possible a representative be available to answer questions regarding the bins and that Staff research the cost of other bins including maintenance. Public Works Director Fred Beckmann presented the item. Since 2009, the City installed 74 dual recycling bins and 74 silver urban style standalone recycling bins throughout the City's Right-of-Way (ROW), beach entrances, and in select parks. The bins were financed through negotiations with the City's franchise waste haulers. Currently, the City is still in discussions with Coca-Cola for the provision of ROW recycling bins as part of the Coca-Cola partnership agreement. As part of this agreement, Coca-Cola is already developing signage for existing recycling bins to improve recycling rates. All future recycling receptacles purchased by the City would also include this updated message to create a uniform design throughout the City. A number of companies have presented dual trash and recycling receptacle products to the Sustainability Committee including GoGreen Eco-Bin and Big Belly Solar. The GoGreen Eco-Bin has patented a waste receptacle design that is made from stainless steel with solar powered LED panels that generate 4-6 hours of light for advertising. Additionally, Eco-Bin is responsible for maintaining, repairing, collecting and cleaning the bins. GoGreen Eco-Bin has proposed to install three (3) Eco-Bins for a 3 to 6 month test period either in Lummus Park or Lincoln Road. During this trial period, the City can choose the content on the front, back, and side display faces of the bins. GoGreen Eco- Bins will track the usage as it relates to both trash and recyclables. They will use their own crews to empty and clean the units during the pilot period. Big !3elly Solar offers solar powered dual trash recycling compactors that are monitored wirelessly allowing for tailored pick-up service that the waste hauler would monitor using their software. Big 89 :Agenda Item CC, D Date 'S"-9-!2.. Belly Solar has proposed a pilot program that deploys 125 stations throughout Lincoln Road (38), Lummus Park (62) and Flamingo Park (25). Both of these companies' business models include an option to use advertising to offset the cost of providing these throughout public facilities. Concerns that have been identified with selecting new recycling receptacles include size constraints in ROW, uniformity with current receptacles, and odor problems associated with the compacting models of decomposing organic waste in Miami Beach's hot, humid climate. Neither the GoGreen Eco-Bin nor the Big Belly Solar bin could be installed in the City's standard 5-foot wide sidewalks as they would not leave enough space to provide compliance with ADA standards. Also noted was that both the Eco-Bin and Big Belly Solar design would require a concrete slab foundation for installation adjacent to the beach. Chairperson Deede Weithorn asked if there was a location where the bins could be viewed. Robert Criste, Big Belly Solar, stated that there were approximately 30 bins installed in Delray Beach. Ramona Cornei, GoGreen Eco-Bins, stated that they have 9 bins installed in the City of Wilton Manors and offered to provide the City with one Eco-Bin as a demo. Mr. Criste stated that Big Belly Solar would provide one demo bin as well. Based on the proposals submitted, the cost (per bin, over five years) for the City to own and operate the GoGreen Eco-Bin is approximately $6,425, and the Big Belly Solar uit is approximately $10,575. The per bin cost for the City to lease the bins and advertise/community messaging space over five years for the GoGreen Eco-Bin is approximately $17,700, and approximately $10,825 for the Big Belly Solar unit. Currently, it costs the City approximately $400 per bin to operate over a five year period. The City negotiated with the franchise waste haulers to finance the bins and in-kind solid waste and recycling pick-up. Commissioner Michael Gongora stated that he feels that the problem with the bins the City is currently using is that they are not attractive, usable, and are not interesting or draw attention and therefore do not encourage use. City Manager Jorge Gonzalez suggested that Committee look at the other types of bins that are available and compare those to the Eco-Bin and Big Belly Solar Bin. The Committee recommended that demo bins from GoGreen Eco-Bin, Big Belly Solar, and a Coca-Cola wrapped bin be placed in the City by the end of April 2012,that if possible a representative be available to answer questions regarding the bins, and that Staff research the cost of other bins including maintenance. 2. Discussion regarding amendments to the Recycling Ordinance ACTION The Committee recommended approval of the recycling ordinance and referred the enforcement specifics to be discussed at a later date. Public Works Director Fred Beckmann presented the item and gave a brief synopsis of the memo. The proposed new ordinance requires that every multifamily residence of nine (9) dwelling units or more provide a recycling program and use a single-stream recycling process to separate recyclables. Similar to the County, the new proposed ordinance provides that multifamily and commercial facilities can submit to the City's Public Works Director for approval of a modified recycling program. The Sustainability Committee recommended that the City focus on education and address enforcement efforts on a complaint driven basis. Beginning June 1, 2012 the proposed ordinance calls for a six (6) month education and community outreach effort, followed by a six (6) month warning 90 period before penalties would be issued. After a year of extensive education and outreach, the six (6) month warning period would take place, where only warning notices without monetary fines would be issued. It is the intent to have enforcement of the proposed ordinance conducted on a complaint driven basis by a Sustainability Officer whose focus will be to provide education and guidance rather than issuing of fines. The County ordinance states that a repeat violation which remains uncorrected beyond the time prescribed for the correction in the notice of the violation shall be treated as a continuing violation and assesses daily fines. The Sustainability Committee recommended that the penalties in the new proposed ordinance not accrue daily but rather be issued by violation as follows: • First violation, a fine of $350 • Second violation, a fine of $500 • Third violation, a fine of $1,000 • Fourth and subsequent violations, a fine of $2,500. The penalties for failing to use a single stream recycling process to separate recyclables from all other solid waste were proposed as follows: • First violation, no fine • Second or subsequent violations, a fine of $100. Legally, the City's Ordinance must reflect the separation requirements set forth by the County's Ordinance. Staff conducted nationwide research regarding the method in which other municipalities enforce separation requirements. Staff did not found any municipality that enforces separation or has objective criteria to determine if a facility is not separating. The Sustainability Committee has recommended that following an intensive educational period, enforcement efforts be focused on whether or not a recycling program is in place, rather than enforcement of separation requirements. The Committee was in favor of moving forward with the recycling ordinance without the separation requirement. Discussion regarding separation requirements ensued. The Committee recommended approval of the recycling ordinance and referred the enforcement specifics to be discussed at a later date. NEW BUSINESS 3. Discussion regarding advertising on Deco Bike stations, its economic impact to the City and the enhancement of the Deco Bike program ACTION The Committee recommended limiting the rate increase to $6 for an hour; adjusting the City's percent of revenue sharing; the 3% profit be subject to ordinary, normal, and customary charges and limit discretionary items; and that the Legal Department review the legal provisions. Assistant City Manager Jorge Gomez and Chief Financial Officer Patricia Walker presented the item. The proposal to allow Deco Bike to advertise on the kiosks was discussed at numerous committees and public meetings including the Miami Beach Visitor and Convention Authority (8/22/11 ), the Transportation and Parking Committee (9/12/11 ), the Ocean Drive Association (9/13/11 ), the Mayor's Blue Ribbon Bikeways Committee (9/22/11 ), and two specially advertised community workshops, one at City Hall on 9/7/11 and 91 another at the North Shore Park Youth Center on 9/12/11. Many people questioned whether it was premature to make this proposal since the bike sharing program had only been in operation for six (6) months. Some individuals stated that the matter should be reconsidered after one year of operation and after the City audits the books to verify whether advertising revenue is necessary to make the program financially viable. The Committee was also advised that should they recommend that advertising be permitted on the kiosks, an ordinance amendment to section 82-414 of the City Code will be required. Commissioner Jerry Libbin asked if after looking at DecoBike financials advertising would be needed to sustain the program. Ms. Walker stated that advertising is needed. Ms. Walker stated that she had met with Bonifacio Diaz, Chief Operating Officer, and Ricardo Pierdant, President DecoBike, LLC. to review the contract terms of the existing concession agreement in the context of current operations. Over the past few months, Ms. Walker has worked with Mr. Diaz to review a revised pro-forma using the terms of the current agreement over a prospective ten year term. (The current agreement is for a five (5) year term with one five (5) year renewal option at the discretion of the City.) The results reflected an annual loss of between $81,000 and $125,000 and a cumulative loss over the ten year period of approximately $1,000,000. Additionally, Ms. Walker stated that the original projections neither provided a return on invested capital nor a profit to the operator over the ten year term. Ms. Walker then presented a sustainable financial model which provided a return to the City and a return of capital along with a modest profit to DecoBike over a ten year period. Commissioner Jerry Libbin asked if the rate to rent a bike would increase in the proposed model. Ms. Walker stated that the rate would increase from $5 per hour to $7 per hour, however all other rates would remain the same. Commissioner Libbin then asked how much the revenue the rate increase would generate. Ms. Walker stated that the increase would be approximately $120,000 in year one. Commissioner Libbin then asked if there was a way to adjust the financial model to keep the rates the same. Ms. Walker stated that she would analyze a change in the City's percent of revenue sharing instead of a change in the rental rate. Commissioner Jorge Exposito asked what percentage of ridership was comprised of membership holders. Mr. Pierdant stated that approximately 25% was held by memberships. Commissioner Exposito then asked if the rates for memberships were also being increased. Mr. Pierdant stated that they were not being increased. Ms. Walker added that membership rates were directed toward residents and hourly rates were directed toward visitors. Chairperson Deede Weithorn was concerned that with the proposed model, that the financial information could be presented in a way where DecoBike never shows a profit and suggested that the 3% profit be subject to ordinary, normal, and customary charges and limit discretionary items. The Committee recommended limiting the rate increase to $6 for an hour; adjusting the City's percent of revenue sharing; the 3% profit be subject to ordinary, normal, and customary charges and limit discretionary items; and that the Legal Department review the legal provisions. 4. Request for approval to issue a Request for Qualifications (RFQ) for a fourth solid waste franchise contractor to provide commercial waste collections and disposal services ACTION 92 The Committee recommended bringing the item to the full Commission with no recommendation. Public Works Director Fred Beckman presented the item and gave a brief history of the item. At the July 13, 2011 Commission Meeting, the City Administration requested approval to issue a Request for Qualifications (RFQ) for a fourth solid waste franchise contractor, to provide commercial solid waste collection and disposal services in Miami Beach. This request was made after one of the four solid waste franchise contractors, General Hauling Services, Inc., had been acquired by Waste Services, Inc., leaving the City with only three solid waste franchise contractors. The three remaining haulers have requested not to issue the RFQ and to keep the commercial solid waste collection and disposal services in Miami Beach limited to three contractors. Since the January 19, 2012 F&CWP meeting, the City Administration has met with Waste Management of Dade County, Waste Services, Inc., and Choice Environmental Services of Miami, to discuss potential additional benefits and/or contributions to the City, in exchange for allowing only three solid waste franchise haulers to service commercial accounts instead of four. The three solid waste franchise haulers were asked to present their best and final offer at the April 19, 2012 F&CWP meeting. Chairperson Deede Weithorn stated that she was concerned that the offers were not in writing. Commissioner Jerry Libbin suggested that the franchise haulers be heard but no action be taken. Chairperson Weithorn opened the floor to the franchise haulers. Alex Gonzalez of Waste Management of Dade County stated that more time was needed to analyze the counter offer made by the City. Commissioner Ubben asked what the offer was. Mr. Gonzalez stated that they offered to pay $1 million in addition to the $1.6 million, allocated by the haulers percentage of market share, plus in-kind services currently being paid. Furthermore, Mr. Gonzalez stated that the City asked for $2 million in addition to the $1.6 million plus the in-kind services and that the million dollar difference required more time to evaluate. Discussion ensued. Chairperson Weithorn then opened the floor to public comment which included support for issuance of the RFQ to solicit potential vendors to serve as the "fourth hauler'' for the City of Miami Beach. The Committee recommended that the item be brought to the full Commission with no recommendation. 5. Ordinance amending penalty charges for late Utility Bills ACTION The Committee recommended adopting a penalty of 1.5% per month on the outstanding balance. Chief Financial Officer Patricia Walker presented the item. Presently, a one-time ten percent penalty is added to the current portion of all past due water, sewer and stormwater utility bills (utility bills). No additional interest or penalties are charged. At the October 19, 2011 F&CWP meeting the Committee recommended removing the one-time 1 0% penalty on the current portion and instead adopted a recurring monthly charge of 1.5% on any portion of the account balance that is past due; which is consistent with other utility companies such as Florida Power & Light and TECO - People's Gas. 93 At the December 14, 2011 Commission meeting, the Commission unanimously voted to adopt a recurring monthly charge of 1.5% on any invoice that is past due, up to a cap of 1 0% per invoice. After consulting with utility billing system software provider, Tyler Technologies, the City has been informed that the proposed methodology is not available; however, other methods are available. The Administration recommended that a penalty of 1.5% per month on the outstanding balance be implemented. The Committee recommended adopting a penalty of 1.5% per month on the outstanding balance. 6. Status Report and update on recent Building Department accomplishments and activities, including a status report on implementation of recommendations in the Watson Rice Study, the development review process Stakeholder Committee, and other recent initiatives and charges undertaken by the Building Department ACTION The Committee asked that the information regarding the hotline to report issues or concerns be given before the May 17, 2012 F&CWP meeting. Building Director Stephan Scott presented the item. At the February 8, 2012 City Commission meeting, a referral was made to the Finance and Citywide Projects Committee of a status report and update on recent Building Department accomplishments and activities, as well as an update on the implementation of recommendations in the Watson Rice Study, the Development Review Process Stakeholder's Group, and other recent initiatives. Mr. Scott highlighted some of the initiatives and developments that have occurred or will occur in the near future. • Organizational Changes -In March 2012, the Building Department hired its first Quality Assurance Coordinator (QAC) and filled its vacant Building Operations Manager position. Both the QAC and Operations Manager positions are critical in increasing the level of accountability throughout every level of department operations. • Stakeholder/Community Workshops -Every four to six weeks, the Building Department holds meetings with stakeholders (open to the public) where they can learn about departmental initiatives and plans for improvements. Attendees provide their input on these plans, and discuss issues of importance to them regarding the challenges they face in dealing with the development review process. • Community Outreach -The Building Department recently held a public forum for permitting novices entitled "The ABCs of Permitting", which was designed specifically for those seeking simple permits who have traditionally been intimidated by the Department's processes, and to explain how some of the most common permit types can be obtained. As the department continues to implement new initiatives and changes, public outreach events like this will be held. • Customer Service Training -The entire Building Department recently held an all day retreat and training dedicated entirely to the need for improved customer service. 94 • Customer Exit Interviews/Surveys -On April 13 2012 the Building Department began conducting exit interview surveys with customers to gauge their level of satisfaction with the service they received while at the department. • Turnaround Times for "Drop-off" Plan Reviews -Beginning in early to mid-May 2012, the Building Department will begin accepting certain permit types and revisions as five (5) drop-offs, with a guaranteed five (5) day turnaround time. Some permit types may need to be removed from the walk-thru process and moved to processes with longer turnaround times. After reviewing the workability of the five (5) day reviews given department resources, the department will then consider ten (1 0) day reviews for certain larger permit types. • Private Providers -Florida law provides for a "private provider'' system in which developers can hire and pay for their own plan review and inspection services through a private company even though the Building Official from each municipality must approve their use and ultimately sign off on the project at its conclusion. Through discussions with attendees at the Stakeholder Workshops, the Building Department has appointed the QAC as the Private Provider liaison. • Accela Automation (New Permitting System) -The City of Miami Beach is in the process of converting to a modern and user friendly permitting system. This effort should result in significant process improvements for the Building Department by the time the system is implemented (approximately December 2012). • Pre-Submittal Review Meetings with Design Professionals and Developers - Meeting are now being held with project design professionals (and others) representing major projects, along with a cross section of Building Department and Planning staff, to discuss critical issues before plans enter the system. This will help eliminate unnecessary delays, and foster better communication as projects work their way through the process. • Cashiering Function -The Building Department is in the process of transferring its cashiering functions to the Finance Department. Additionally, two "ATM -like" payment kiosks (funded by the Building Department but controlled by the Finance Department) will be placed in the Building Department lobby in the summer of 2012, which will allow customers to pay by check or credit card. • Policies and Procedures/Plan Review Guide/Checklists -The department has issued an updated Policies and Procedures Manual and is currently updating its Plan Review Guide with expected completion in June 2012. Checklists continue to be updated and revised by the department and once created. • Building Task Force -The Building Task Force is comprised of the Building Director, Planning Director, Fire Marshall, Public Works Director, the Assistant City Manager and other key staff continues to meet on a monthly basis to discuss and resolve inter-departmental issues. • Watson Rice Report -Of 24 primary recommendations contained in the report, all but four (4) have been implemented. Of those four (4), the Building Department has made significant progress on three (3) and their status will soon be changed from "on-going" to "implemented". The only recommendation that has not been deemed implemented or on-going (researching the feasibility of outsourcing Permit Clerks) was put on temporary hold because the City agreed to not effect lay-offs during the 2009/2012 Collective Bargaining Agreement with the Communications Workers of America (CWA) union. Commissioner Michael Gongora requested that a report similar to the one presented today be given to him more regularly on a one-on-one basis. Commissioner Gongora asked if in the future there would be a staff member that would help residents with the permitting process. Mr. Scott stated that the Building Department's ombudsman is Barbara Hawayek, who works with both businesses and residents that need help. 95 Chairperson Deede Weithorn suggested outreach or advertisement be done to notify businesses and residents that there is someone there to help. Chairperson Weithorn then asked for the dates of implementation for the items in the Watson Rice Study. Chairperson Weithorn then opened the floor to public comment which included appreciation for implementation and the regular staff meetings that are taking place. Resident Debra Leibowitz requested a phone number or person to go to with any issues or concerns that occur with the Building Department. Assistant City Manager Jorge Gomez stated that the City is in the process of setting up a hotline to report any issues or concerns. The Committee asked that the information regarding the hotline to report issues or concerns be given before the May 17, 2012 F&CWP meeting. 7. Discussion regarding placing a referendum item on the next available ballot to increase the Miami Beach Resort Tax on hotel rooms by one additional penny to support the enhancement and expansion of the Miami Beach Convention Center ACTION The Committee recommended the item, further recommended that the proposed City Charter text be amended to provide that the additional one percent tax, if approved, will not be imposed until such time that the City enters into an agreement with a developer for the expansion, enlargement, renovation, and/or improvement of the Convention Center. Chief Deputy City Attorney Raul Aguila presented the item and gave a brief history. Mr. Aguila stated that this ballot question is very similar to the one presented in 1992 and, by request of the Mayor, was drafted to address funding capital improvements and not maintenance. Mr. Aguila then noted that if this question is to be placed on the August 14, 2012 County ballot, the deadline for submittal to the Supervisor of Elections is no later than May 25, 2012. Vice-Mayor Jerry Libbin asked for clarification on the capital improvements restriction. Mr. Aguila stated that the Mayor's intent is that the penny increase only be used for capital improvements to the Convention Center; which can include expanding, enlarging, renovating, and on-going improvements. Chairperson Deede Weithorn was concerned that the question is too specific in saying Miami Beach Convention Center, and would therefore not include a Convention Center garage or retail space in the Convention Center. Mr. Aguila stated that if it is part of the Miami Beach Convention Center expansion then it would qualify. Discussion ensued. Mr. Aguila suggested issuing a voter's guide to clarify any confusion. The Committee recommended the item, further recommended that the proposed City Charter text be amended to provide that the additional one percent tax, if approved, will not be imposed until such time that the City enters into an agreement with a developer for the expansion, enlargement, renovation, and/or improvement of the Convention Center. 8. Discussion regarding citywide janitorial services for an amendment to add the following locations: Historic City Hall; Police Substation; North End Ocean Rescue Headquarters; and Beachfront Restrooms; and increasing the contract, in the amount of $17,473.74 per month ACTION The Committee recommended bringing the item to the full Commission and that Staff develop specific quality standards and amend the hours that the beachfront restrooms are open. 96 Public Works Directed Fred Beckmann presented the item. On July 13, 2011, the City Commission awarded contracts for Janitorial Services Citywide, pursuant to Invitation to Bid (ITB) No. 13-10/11, to the following contractors: ISS Facility Services, Inc., Omarcio Cleaning Services, Inc., Performance Cleaning Group, and Professional Building Services (PBS). These contracts are effective until September 30, 2013, and may be renewed by mutual agreement for three (3) additional years, on a year to year basis. After the execution of the contracts, it was noted that three locations, Historic City Hall, Police South Substation and North End Headquarters/Ocean Rescue, had been omitted from the ITB, and needed to be added via Amendment using the "Addition/Deletion of Facilities" clause of the contract. On November 7, 2011, Procurement issued a request for quotes, including the aforementioned locations and the beachfront restrooms, form all four vendors that were awarded contracts. Sealed quotes were received from Professional Building Services, Omarcio Cleaning Services, Inc., and ISS Facility Services. A Technical Review Panel convened on December 7, 2011 to interview the two lowest bidders, Professional Building Services (PBS), and ISS Facility Services, Inc. The Panel concluded that PBS had conducted a more thorough due diligence effort in assessing the maintenance requirements of the beachfront restrooms. This was reflected in their proposal that offered the most complete service coverage of all of the respondents, as well as a plan that compared favorably against the currently provided services in terms of level of service and cost. The Panel recommended the award of the additional janitorial work to PBS. PBS's plan offers a significantly higher level of service as well as a cost that is approximately 30% lower than by using City resources. PBS' plan divides the City into three zones: South Pointe, South Beach, and Mid-Beach/North Beach. The South Pointe area includes South Pointe Park and the 3rd Street beachfront restrooms; the South Beach Zone includes the beachfront restrooms form 6th street through 21st Street; and Mid-Beach/North Beach Zone includes the beachfront restrooms from 35th Street through 73rd Street. Each zone will be staffed by a man and woman team per shift, for a total staff of six per shift. This compares favorably with the current City staffing of two persons per shift; effectively tripling the current service coverage. This eliminates the need to temporarily close the women's restrooms when services by male employees, which negatively affects the convenience of the public, and results in service delays when the restrooms are occupied. Each of the shifts will have a supervisor available that can assist with additional cleaning if needed. The vendor will also provide pressure washing on a weekly-basis as presently provided by City staff. PBS' proposal also compares favorably with the City's current personnel budgeted cost of $250,510 per year, and would generate Fiscal Year 2012/13 savings of $73,146 (29% cost reduction from current budgeted cost) and recurring annual savings of $80,019 (31% cost reduction) beginning in FY 2013/14. The savings include avoided fuel and repair expenses from two restroom cleaning service vans that would be removed from the Sanitation Division vehicle feet, as well as avoided capital expenses from not having to replace one of the vans scheduled to be retired in FY 2012/13. As a result of the contract award for beachfront restrooms janitorial services, the disposition of City staff impacted by the privatization of the beachfront restrooms' maintenance will be handled in accordance with provisions of the Collective Bargaining Agreement governing those positions. The existing four City employees would be reassigned to other Sanitation crews. Commissioner Jorge Exposito suggested establishing a level of service, specific parameters in terms of expectations. City Manager Jorge Gonzalez suggested adding the beachfront restrooms to the cleanliness assessment. Commissioner Exposito stated that he would also like to see specific standards established, such as waste bins cannot overflow; no paper can be on the floor, etc, to ensure the level of service desired is being 97 achieved. Commissioner Jerry Libbin asked what the hours of operation would be for the beachfront restrooms and stated that he would like to see the hours that the restrooms are open match the hours of operation of the businesses in the area. Commissioner Libbin also suggested using the savings to fund the extended hours for the beachfront restrooms. The Committee recommended bringing the item to the full Commission and that Staff develop specific quality standards and amend the hours that the beachfront restrooms are open. 9. Discussion regarding a retail lease agreement with Mr. R Sports, Inc. involving Suites 1 through 4 in the Anchor Shops, located at 1550 Collins Avenue ACTION The Committee recommended approving the proposed lease offer by Mr. R Sports. Assistant City Manager Hilda Fernandez presented the item and gave a brief history of the item. On March 3, 2012, the City was presented with a Letter of Intent (LOI) by Mr. R Sports to lease Suites 1 through 4 in the Anchor Shops. The previous tenant, Training Camp d/b/a/ Arrive Miami, went out of business and informed us this was due to the lack of pedestrian traffic on the 1 00 block of 161h Street. Mr. R Sports has been in business on Miami Beach since 1973, operating one of the largest independent retailers of athletic footwear and apparel in South Florida. Owner and long-time Miami Beach resident Jose Raij has been seeking a second location to compliment his flagship store, which is located on the corner of Lincoln Road and Washington Avenue. Opening this second location will not only allow Mr. R Sports to expand its business, but also allow it to cater to its highly popular and well-attended Nike South Beach Run Club events. Since the proposed combined term of the lease is for a period of almost ten years, and considering the uncertainty of future market conditions, staff recommended that at the time the prospective tenant exercises its renewal options, to review and adjust the rent to reflect prevailing market conditions accordingly, but that in no event would the minimum rent in any year be less than the minimum rent paid during the immediate prior year. However, it was noted that Mr. Raij has objected to this condition on the grounds that the rent already contains an automatic three (3) percent annual escalator throughout the term of the lease. Furthermore, the prospective tenant feels that given the historically challenging conditions of this retail corridor, even during good economic times, he anticipates operating the store at a loss initially until such time as he can generate enough retail traffic to break even. Mr. R Sports, which has been doing business on Miami Beach from its current location since 1973, has proffered an offer of $31 per square foot, plus tax, to lease the space for an initial term of three (3) years plus two (2) renewal terms, of three (3) years and three (3) years and 364 days, respectively, at the City's sole and absolute discretion. The Committee recommended approving the proposed lease offered by Mr. R Sports. 10. Discussion regarding a City Code amendment to establish the position of Condominium Ombudsman in the City of Miami Beach ACTION 98 The Committee recommended that the item be reviewed at the time when the FY 2012/13 budget is discussed. On April 11, 2012, the Mayor and Commission, via Agenda Item No. C4F referred, an item proffered by Commissioner Jerry Libbin, a discussion regarding the creation of the position of a Condominium Ombudsman. The main function of the position would be to assist condominium and or co-op owners to navigate through the City's permitting process; facilitate resolution of other condominium related issues with outside agencies; act as a liaison between condominium or co-op owners, management firms and the City; and prepare quarterly reports to the City Manager, for distribution to the City Commission, regarding issues and opportunities. The Committee recommended that the item be reviewed at the time when the FY 2012/13 budget is discussed. Budgetary Impact 11. Discussion of the current management and operations of the City of Miami Beach golf courses, clubhouses and related facilities and options/direction for the future management agreement ACTION The Committee recommended that the item be reviewed at the time when the FY 2012/13 budget is discussed and extend the contract on a month to month if necessary. Professional Course Management II, Ltd. (PCM) has managed and operated the City's golf courses and clubhouses since October 1, 2001, when they entered into an interim management agreement for the Normandy Shores Golf Courses and the Par 3 Golf Course. The current management agreement with PCM for the management and operations of the City's Miami Beach Golf Club (including the Par 3 golf course) and the Normandy Shores Golf Club was approved by the City of Miami Beach Commission at the September 5, 2007 meeting, and will expire on September 30, 2012. For the term of the management agreements, PCM has managed the City's golf clubs at a high service levels, and has received positive comments from our residents, tourists and day guests. PCM has also done a notable job in managing the annual budget allocated to the golf courses, covering all expenses and debt service at the Miami Beach Golf Club, while exceeding revenue projections and managing expenses at or below the appropriated budget on three (3) occasions during their current term, and on six (6) occasions since the inception of agreements. Additionally, PCM has managed the Normandy Shores Golf Club budget by reducing the projected deficits, while maintaining the Golf Course and Clubhouse in excellent condition. The options available are to either direct the Administration to prepare a Request for Proposals (RFP) to be issued as soon as possible with the intent of having a new agreement in effect on October 1, 2012 or shortly thereafter; or direct the Administration to prepare a Commission Item waiving the competitive bidding process and enter into negotiations with Professional Course Management for the continued management and operations of the City's Golf Course, Clubhouses and Related Facilities, with the intention of having an agreement in effect on October 1 , 2012. Commissioner Jerry Libbin and Chairperson Deede Weithorn were in favor of sending the item out to bid. The Committee recommended that the item be reviewed at the time when the FY 2012/13 budget is discussed and extend the contract on a month to month if necessary. 99 12. Discussion regarding assigning funds for placement of a fence around South Pointe Park Tot Lot area ACTION The Committee recommended that the item be reviewed at the time when the FY 2012/13 budget is discussed. In November of 2011, South Pointe Park had a new playground, shade system and safety surface installed. This playground replaced the original playground installed during the construction of South Pointe Park; that playground was removed due to problems with quality and safety. At the time when the South Pointe Park design was being developed, a fence around the children's playground area was never requested or discussed by the City, the designers, the community or the Design Review Board. The South Pointe Park Basis of Design Report (BOOR) makes no mention of fencing requirements. The common theme of the South Pointe Park reconstruction focused on the openness of the park. During the 201 0 community meetings that were held with residents to discuss the proposed playground replacement options, several parents requested that a fence be installed when the new playground was constructed. No funding had been identified at that time for a fence, and in an effort to replace the playground equipment as expeditiously as possible (since the inclusion of a fence would require at minimum, Design Review Board approval, which would have created a delay), and the fact that a fenced-in tot lot is currently located at Marjory Stoneman Douglas Park on Ocean Drive and 3rd Street, the project proceeded without a fence. Following the December 16, 2010 community meeting, the City received a letter from south of fifth residents indicated their support for the placement of a fence around the playground; sixty (60) signatures were attached. Because of the playground's location and its proximity and use of the sidewalk by bicyclists, Segway riders, rollerblade skaters, joggers, pedestrians walking dogs, etc., parents have expressed safety concerns. A preliminary estimate of the cost of fencing to meet the design standards, which would be expected to be reflective and compliment the other similar design elements in the park, is between $185,000 and $190,000. The Committee recommended that the item be reviewed at the time when the FY 2012/13 budget is discussed. 13. Discussion on the Normandy Shores Park at its existing area next to the tennis courts to include a Vita Course Equipment, trees, benches and an open area for children to run and play and people to sit and enjoy the view ACTION The Committee recommended that the item be reviewed at the time when the FY 2012/13 budget is discussed. The Normandy Shores Park is located adjacent to the Tennis Courts, and across from the Normandy Shores Golf Course and Clubhouse. The Park currently includes a small building with restrooms, and a playground area. The approved FY 2009/1 0 Capital Budget included funding in the amount of $135,500 to replace the existing playground that was beyond repair at the Normandy Shores Park. The project includes the complete replacement of the playground, safety surface, new fencing and furniture, fixtures & equipment. As that project was in development, Parks & Recreation staff worked internally to develop a potential second phase of the park's revitalization. The concept being developed would include a new recreation building/activity 100 pavilion/restroom with storage space, similar to the one built in Fairway Park, and a water access/fishing dock. In January 2012 Parks & Recreation staff met with Commissioner Jorge Exposito and Normandy Shores HOA New Projects Committee Chair Mark Wojak to discuss the community's interest and suggestions for that area. At that time, staff shared the second phase concept under development with Mr. Wojak, who agreed to take the concept to the Normandy Shores HOA board for their comments, as well as further input on options for the park. On February 14, 2012, Mr. Wojak sent correspondence to the City stating that the residents on Normandy Shores would prefer a more open green space park, which would include the demolition of the existing storage building/restroom that is in very poor condition; a Vita Course/fitness circuit similar to the one installed in Lummus Park; park furnishings such as benches, trash receptacles, etc.; and new fencing, sod and trees. The letter indicated that they are not interested in a playground at this location, as there is currently a playground with a shade structure at Fairway Park. In addition, the HOA did not recommend a fishing pier/dock. At this time it is unknown whether the previously approved capital allocation of $135,500 for the proposed playground renovation at the Normandy Shores Park may be sufficient to accomplish the HOA's requested project. The Committee recommended that the item be reviewed at the time when the FY 2012/13 budget is discussed. 14. Discussion regarding a renewal of the current management agreement between the City of Miami Beach and the Miami Beach Garden Conservancy for the management and operation of the Botanical Garden; as well as a proposal to increase the rental rates for use of the facility ACTION The Committee recommended that the item be reviewed at the time when the FY 2012/13 budget is discussed. On January 17, 2007, the Mayor and City Commission approved a Management Agreement with the Miami Beach Garden Conservancy (the Conservancy) for the operation of the Botanical Garden, with an initial term of five (5) years, commencing on July 1, 2007 and ending on June 30, 2012, with an option, at the City's sole discretion, to renew and extend the Agreement for an additional five (5) year term. Since taking over the operations of the Botanical Garden in July 1999, the Conservancy has initiated extensive public outreach initiatives and educational programming, and has played an important role in working with the City to plan and implement the recently completed renovation of the Botanical Garden. In addition, and in order to offset costs associated with future phases of the Master Plan that was approved by the Management Agreement on June 1, 2011, to allow the Conservancy to award naming rights to the interior portions of the Garden, in exchange for monetary contributions from private donors to fund the improvements. In order to see the Master Plan through to completion and to continue its mission of providing quality horticultural, educational and volunteer-based programming initiatives, the Conservancy is asking to exercise its renewal option for an additional five years. Also, in light of the recent improvements to the premises, and in order to be more competitive with comparable venues in South Florida, the Conservancy is proposing to increase the rental rates at the Botanical Garden, which also requires the City's approval. Additionally, the Conservancy is asking the City to consider amending the Management Agreement to provide for an additional renewal option for an additional five (5) years, at the City's sole and absolute discretion. It was noted that this is separate and in addition to the one renewal option provided for and authorized in the current Management Agreement. The Committee recommended that the item be reviewed at the time when the FY 2012/13 budget is discussed. 101 THIS PAGE INTENTIONALLY LEFT BLANK 102 C7 RESOLUTIONS 103 COMMISSION ITEM SUMMARY Condensed Title: A Resolution authorizing the City Manager to apply for and accept the following grants. 1) Maximize efficient delivery of services; 2) increase satisfaction with family recreational activities and maximize Miami Beach as a destination brand; 3 -6 Enhance learnin o ortunities for outh. Supporting Data-Police Department Scorecard: 1) In Fiscal Year 2010/11 the turnaround time for police reports was 3 days; Community Satisfaction Survey 2011: 2} 24.1% of residents rated the availability of cultural activities as 'too few', and 24.6% rated the availability of family friendly activities as "too few" and 69% of resident believe that the tourism industry contributes 'about the right amount' to their quality of life, 24% of residents rated Arts and Culture as one of the services the City should strive not to reduce and approximately 1 00,000 people attended Sleepless Night 2011; 3)-6) 1) Nearly two-fifths of all residential respondents surveyed, 37 .3%, feel the "18 years of age and under" demographic should benefit most from limited resources during tough economic times; 85% of residents rated recreation programs as either 'excellent' or 'good', 18% of residents rated recreation programs as one the services the City should strive not to reduce; 2007 Community Satisfaction Survey: 24% of residents were dissatisfied or very dissatisfied with local schools on Miami Beach; safety across the City (preventing crime, drugs, gangs) appeared as one of the most important areas affecting resident's quality of life, The Children's Trust grants provide funding to reduce crime and gangs Issue: I Shall the City support the following funding requests and execute the related agreements? Item Summary/Recommendation: Approval is requested to submit the following applications: 1) Fiscal Year 2012 Edward Byrne Memorial Justice Assistance Grant (JAG) program in the approximate amount of $62,236 for the Police Department priorities; 2} Florida Department of State, Division of Cultural Affairs, Culture Builds Florida Program in the approximate amount of $25,000 for Sleepless Night 2013; and the following grant contract renewals: 3) The Children's Trust for the Early Childhood Development Program in the approximate amount of $150,000 for the City's Parent-Child Program; 4) The Children's Trust for the Service Partnership Program in the approximate amount of $282,000 for the City's Success University Program; 5) The Children's Trust for the Out-Of-School Program in the amount of $309,180 for the City's Afterschool and Summer Programs; 6) The Children's Trust for the Youth Development Program in the approximate amount of $124,061 for the City's Morning All Stars Program; appropriating the above grants, matching funds and City expenses related to the above projects as necessary, if approved and accepted by the City, and authorizing the execution of all documents related to these applications. Adopt the Resolution. Advisory Board Recommendation: N/A Financial Information: Source # Grant Name/Project Approx Approximate of GrantAmt Match Amount/Source funds D 1 FY 2012 Edward Byrne Memorial JAG $62,236 N/A Grant/Cop Logic/Online Reporting 2 State of Florida Cultural Builds $25,000 $25,000/Corporate Florida/Sleepless Night 2013 Support 3 The Children's Trust/Early Childhood $150,000 N/A Development: Parent-Child Program 4 The Children's Trust/Service Partnership $282,000 N/A Program: Success University Program 5 The Children's Trust/Out-Of-School $309,180 N/A Program: Afterschool & Summer Programs 6 The Children's Trust/Youth Development $124,061 N/A Program: Morning All Stars Program; Financial Impact Summary: N/A Cit Clerk's Office Le islative Trackin : Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement Assistant City Manager City MIAMI BEACH AGENDA 105 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: Mayor Matti Herrera Bower and Members of,. City Commission Jorge M. Gonzalez, City Manager (\ ~ DATE: May 9, 2012 U SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT THE FOLLOWING APPLICATIONS: 1} FISCAL YEAR 2012 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF $62,236 FOR THE CITY'S POLICE DEPARTMENT PRIORITIES; 2} FLORIDA DEPARTMENT OF STATE, DIVISION OF CULTURAL AFFAIRS, CULTURE BUILDS FLORIDA PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF $25,000 FOR SLEEPLESS NIGHT 2013; AND THE FOLLOWING GRANT CONTRACT RENEWALS: 3} APPROVAL TO ACCEPT A CONTRACT RENEWAL FROM THE CHILDREN'S TRUST FOR THE EARLY CHILDHOOD DEVELOPMENT PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF $150,000 FOR THE CITY'S PARENT-CHILD PROGRAM; 4}APPROVAL TO ACCEPT A CONTRACT RENEWAL FROM THE CHILDREN'S TRUST FOR THE SERVICE PARTNERSHIP PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF $282,000 FOR THE CITY'S SUCCESS UNIVERSITY PROGRAM; 5) APPROVAL TO ACCEPT A CONTRACT RENEWAL FROM THE CHILDREN'S TRUST FOR THE OUT-OF-SCHOOL PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF $309,180 FOR THE CITY'S AFTERSCHOOL AND SUMMER PROGRAMS; 6} APPROVAL TO ACCEPT A CONTRACT RENEWAL FROM THE CHILDREN'S TRUST FOR THE YOUTH DEVELOPMENT PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF $124,061 FOR THE CITY'S MORNING ALL STARS PROGRAM; APPROPRIATING THE ABOVE GRANTS, MATCHING FUNDS AND CITY EXPENSES RELATED TO THE ABOVE PROJECTS AS NECESSARY, IF APPROVED AND ACCEPTED BY THE CITY, AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO THESE APPLICATIONS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS 1. Approval to submit a grant application to the US Department of Justice, Edward Byrne Memorial Justice Assistance Grant (JAG) for FY 2012 funding in the approximate amount of $62,236 for the City's' Police Department priorities. 106 Commission Memorandum Page2 This application is for federal funding directly from the US Department of Justice. The Edward Byrne Memorial Justice Assistance Grant (JAG) Local Solicitation Program is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG supports all components of the criminal justice system, from multijurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives. JAG funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. JAG funds may be used on the following areas: Law enforcement programs; prosecution and court programs; prevention and education programs; corrections and community corrections programs; drug treatment and enforcement programs; planning, evaluation, and technology improvement programs; and crime victim and witness programs. The City's proposed project for this grant application is for technology enhancements for the New World Computer Aided Dispatch/Records Management {CAD/RMS) system, as follows: 1) procure an Online Reporting System (Cop Logic) which will enable our agency to collect reports from citizens online. This citizen online reporting system will interface with our New World Records Management System, and, 2) procure additional electronic ticketing software and hardware. The City's proposed project for this grant is being made public by means of this agenda item. Federal funds cannot be used to supplement existing funds for program activities and cannot replace or supplant nonfederal funds that have been appropriated for the same purpose. Supplanting is prohibited under JAG. This grant does not require matching funds and supports the key intended outcome maximize efficient delivery of services. 2. Approval to submit a grant application to Florida Department of State. Division of Cultural Affairs for Culture Builds Florida funding in the approximate amount of $25,000 for Sleepless Night 2013 The State's Culture Builds Florida program funds cultural programs that support the Division of Cultural Affairs' Strategic Plan. The four key areas are: learning and wellness; strengthening the economy; design and development and leadership. The goals of Sleepless Night 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. It is anticipated that Sleepless Night 2013 will present over 150 free arts and entertainment experiences at 1 00 different locations concentrated in four zones within the city. 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. There will be outdoor stages at various locations throughout the City. 107 Commission Memorandum Page3 The Administration intends to apply to Culture Builds Florida for funding in the amount of $25,000; the City has previously received funding, from this program for Sleepless Night 2009 and 2011; and an application is pending funding decision for Sleepless Night 2012. This grant requires a $1 :$1 match which will be funded through corporate support for the event. This project supports the key intended outcomes: increase satisfaction with family recreational activities and maximize Miami Beach as a destination brand. 3. Approval to accept a contract renewal from The Children's Trust for the Early Childhood Development Program forfunding in the approximate amount of $150,000 for the City's Parent-Child Program The Early Childhood Development Program is a new funding program created by The Children's Trust last year. The City's program name is the Parent-Child Program. Through this program, the City will nurture greater resiliency and academic success for parents and children aged 16 months to 4 years through home-based services that promote healthy family engagement, affirmative parenting, early literacy and positive child developments. The Parent-Child Home Program is going into its second year. In partnership with Barry University, the program will provide year two services to currently enrolled families as well as enroll new families. Last year, the City was awarded funding in the amountof$150,000, this year the Program Services Committee again recommended full funding at the same amount. This grant renewal is for the period of August 1, 2012 through July 31, 2013. This project supports the key intended outcome: enhance learning opportunities for youth. 4. Approval to accept a contract renewal from The Children's Trust for the Service Partnership Program for funding in the approximate amount of $282.000 for the City's Success University Program The Children's Trust Service Partnership Program provides funding to address targeted geographic areas and to reach at-risk populations in Miami-Dade County. The purpose of the program is to target resources to meet the more complex needs of vulnerable children and families. The City was awarded an initial planning grant for the Service Partnership in 2007, and the City has been operating the program successfully since then. Success University is an integrated service program that partners with community agencies to provide Miami Beach youth at risk for truancy with personal and academic supports, while providing their families with holistic, comprehensive services to ensure family stability and youth success. Service components include: tutoring, family assessments, care plan coordination, family group conferencing, employment services, and referrals to community-based services. Last year, Success University was funded at $211,500 and this year the program will be funded at $282,000. Sub-contracts will be awarded to Miami Beach Service Partnership member agencies via weighted scores that evaluate contract performance and efficacy in the 2011/12 program year. Contracted Partners are expected to include: • Aspira of Florida • Ayuda, Inc. • Barry University • Choices Et AI, Inc. • Stand Up for Those Who Can't • Switchboard of Miami • Teen Job Corps • Unidad of Miami Beach 108 Commission Memorandum Page4 Individual contractors will include: Adriana Mendes; Sandra Rojas and Tania Perez for engagement, intake and referral services. This grant renewal is for the period of August 1, 2012 through July 31, 2013. This program supports the key intended outcome: enhance learning opportunities for youth. This grant does not require matching funds. 5. Approval to accept an agreement renewal from The Children's Trust for the Out-of- School Program for funding in the amount of $309,180 for the City's Afterschool and Summer Programs The Children's Trust Out-of-School Program provides funding for summer camps and after- school programs that stimulate academic, athletic, cultural and social learning in a nurturing and supervised environment while parents are working and during times of day when adolescents are most prone to at-risk behavior. The City's Out-of-School program provides after school services to 250 children ages 5-12 years old residing primarily in the City of Miami Beach. The program offers activities to the children including physical fitness, nutrition education and homework and literacy support. Program goals are to improve academic skills and literacy and improve physical health and fitness. Last year, the City was awarded funding in the amount of $309,180 and this year the Program Services Committee again recommended funding at the same amount. This grant renewal is for the period of August 1, 2012 through July 31, 2013. This program supports the key intended outcome: enhance learning opportunities for youth. This grant does not require matching funds. 6. Approval to accept a contract renewal from The Children's Trust for the Youth Development Program for funding in the approximate amount of $124.061 for the City's Morning All Stars Program The Youth Development Program is a new funding program created by The Children's Trust last year. The City's program name is the Morning All Stars. Through this program, the City will increase youth resiliency and coping skills and reduce drug use and violence among students by providing before-school sessions of the All Star Program. Last year, the City was awarded funding in the amount of $124,061, this year the Program Services Committee again recommended full funding at the same amount. This grant renewal is for the period of August 1, 2012 through July 31, 2013. This project supports the key intended outcome: enhance learning opportunities for youth. CONCLUSION The Administration requests approval to authorize the City Manager or his designee to submit the following applications: 1) Fiscal Year 2012 Edward Byrne Memorial Justice Assistance Grant (JAG) Program for funding in the approximate amount of $62,236 for the City's Police Department priorities; 2) Florida Department of State, Division of Cultural Affairs, Culture Builds Florida program for funding in the approximate amount of $25,000 for Sleepless Night 2013; and the following grant contract renewals: 3) Approval to accept a contract renewal from The Children's Trust for the Early Childhood Development Program for funding in the approximate amount of $150,000 for the City's Parent-Child Program; 4) 109 Commission Memorandum Page 5 Approval to accept a contract renewal from The Children's Trust for the Service Partnership Program for funding in the approximate amount of $282,000 for the City's Success University Program; 5) Approval to accept a contract renewal from The Children's Trust for the Out-Of-School Program for funding in the approximate amountof$309, 180 for the City's Afterschool and Summer Programs; 6) Approval to accept a contract renewal from The Children's Trustforthe Youth Development Program for funding in the approximate amount of $124,061 for the City's Morning All Stars Program; appropriating the above grants, matching funds and city expenses related to the above projects as necessary, if approved and accepted by the City, and authorizing the execution of all documents related to these applications. JMG/KGB/JMH T:\AGENDA\2012\5-9-12\Grants Memo.doc 110 RESOLUTION NO., ____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT THE FOLLOWING APPLICATIONS: 1) FISCAL YEAR 2012 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF $62,236 FOR CITY'S POLICE DEPARTMENT PRIORITIES; 2) FLORIDA DEPARTMENT OF STATE, DIVISION OF CULTURAL AFFAIRS, CULTURE BUILDS FLORIDA PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF $25,000 FOR SLEEPLESS NIGHT 2013; AND THE FOLLOWING GRANT CONTRACT RENEWALS: 3) APPROVAL TO ACCEPT A CONTRACT RENEWAL FROM THE CHILDREN'S TRUST FOR THE EARLY CHILDHOOD DEVELOPMENT PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF $150,000 FOR THE CITY'S PARENT-CHILD PROGRAM; 4) APPROVAL TO ACCEPT A CONTRACT RENEWAL FROM THE CHILDREN'S TRUST FOR THE SERVICE PARTNERSHIP PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF $282,000 FOR THE CITY'S SUCCESS UNIVERSITY PROGRAM; 5) APPROVAL TO ACCEPT A CONTRACT RENEWAL FROM THE CHILDREN'S TRUST FOR THE OUT-OF-SCHOOL PROGRAM FOR FUNDING IN THE AMOUNT OF $309,180 FOR THE CITY'S AFTERSCHOOL AND SUMMER PROGRAMS; 6) APPROVAL TO ACCEPT A CONTRACT RENEWAL FROM THE CHILDREN'S TRUST FOR THE YOUTH DEVELOPMENT PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF $124,061 FOR THE CITY'S MORNING ALL STARS PROGRAM; APPROPRIATING THE ABOVE GRANTS, MATCHING FUNDS AND CITY EXPENSES RELATED TO THE ABOVE PROJECTS AS NECESSARY, IF APPROVED AND ACCEPTED BY THE CITY, AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO THESE APPLICATIONS. WHEREAS, the Edward Byrne Memorial Justice Assistance Grant (JAG) Local Program is the primary provider of federal criminal justice funding to state and local jurisdictions and it supports all components of the criminal justice system, from multijurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives; and WHEREAS, JAG funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures; and WHEREAS, JAG funds may be used on the following areas: Law enforcement programs; prosecution and court programs; prevention and education programs; corrections and community corrections programs; drug treatment and enforcement programs; planning, evaluation, and technology improvement programs; and crime victim and witness programs; and WHEREAS, the Police Department will utilize these funds to: 1) procure an Online Reporting System (Cop Logic) which will enable our agency to collect reports from citizens online. This citizen online reporting system will interface with our New World Records Management System, and, 2) procure additional electronic ticketing software and hardware; and 111 WHEREAS, the City's proposed project for this grant is being made public by means of this agenda item; and WHEREAS, federal funds cannot be used to supplement existing funds for program activities and cannot replace or supplant nonfederal funds that have been appropriated for the same purpose and due to the late passage of FY 2011 appropriations, the Department of Justice has released this solicitation later than usual for 2011 funding; and WHEREAS, the State's Culture Builds Florida program funds cultural projects that support its Strategic Plan and the four key areas are: learning and wellness; strengthening the economy; design and development and leadership; and WHEREAS, the goals of Sleepless Night are aligned with the goals of the Division's Strategic Plan; and WHEREAS, Sleepless Night 2013 will present over 150 free arts and entertainment experiences at 1 00 different locations concentrated in four zones within the city, 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 with outdoor stages at 5 locations throughout the City; and WHEREAS, the Administration intends to apply to the Culture Builds Florida Program for funding in the amount of $25,000 and the City has previously received funding, from this program for Sleepless Night 2009; 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 increase satisfaction with family recreational activities and maximize Miami Beach as a destination brand; and WHEREAS, the Administration requests approval to submit a grant to Florida Department of State, Division of Cultural Affairs for Culture Builds Florida funding in the approximate amount of $25,000 for Sleepless Night 2013; and WHEREAS, approval to accept a contract renewal from The Children's Trust for the Early Childhood Development Program for funding in the approximate amount of $150,000 for the City's Parent-Child Program; and WHEREAS, the Early Childhood Development Program is a new funding program created by The Children's Trust last year and the City's program name is the Parent-Child Program and through this program, the City will nurture greater resiliency and academic success for parents and children aged 16 months to 4 years through home-based services that promote healthy family engagement, affirmative parenting, early literacy and positive child developments; and WHEREAS, the Parent-Child Home Program is going into its second year and in partnership with Barry University, the program will provide year two services to currently enrolled families as well as enroll new families and this grant renewal is for the period of August 1, 2012 through July 31, 2013; and WHEREAS, last year, the City was awarded funding in the amount of $150,000, this year the Program Services Committee again recommended full funding at the same amount; and 112 WHEREAS, approval is requested to accept a contract renewal from The Children's Trust for the Service Partnership Program for funding in the approximate amount of $282,000 for the City's Success University Program; and WHEREAS, The Children's Trust Service Partnership Program provides funding to address targeted geographic areas and to reach at-risk populations in Miami-Dade County and the purpose of the program is to target resources to meet the more complex needs of vulnerable children and families; and WHEREAS, the City was awarded an initial planning grant for the Service Partnership in 2007, and the City has been operating the program successfully since then and Success University is an integrated service program that partners with community agencies to provide Miami Beach youth at risk for truancy with personal and academic supports, while providing their families with holistic, comprehensive services to ensure family stability and youth success; and WHEREAS, Service components include: tutoring, family assessments, care plan coordination, family group conferencing, employment services, and referrals to community-based services and last year, Success University was funded at $211 ,500 and this year the program will be funded at $282,000; and WHEREAS, Sub-contracts will be awarded to Miami Beach Service Partnership member agencies via weighted scores that evaluate contract performance and efficacy in the 2011/12 program year. Contracted Partners are expected to include: Aspira of Florida, Ayuda, Inc., Barry University, Choices Et AI, Inc., Stand Up for Those Who Can't, Switchboard of Miami, Teen Job Corps and Unidad of Miami Beach; and WHEREAS, individual contractors will include: Adriana Mendes; Sandra Rojas and Tania Perez for engagement, intake and referral services; and WHEREAS, this grant renewal is for the period of August 1, 2012 through July 31, 2013 and this program supports the key intended outcome: enhance learning opportunities for youth and this grant does not require matching funds; and WHEREAS, approval is requested to accept an agreement renewal from The Children's Trust for the Out-of-School Program for funding in the amount of $309,180 for the City's Afterschool and Summer Programs; and WHEREAS, The Children's Trust Out-of-School Program provides funding for summer camps and after-school programs that stimulate academic, athletic, cultural and social learning in a nurturing and supervised environment while parents are working and during times of day when adolescents are most prone to at-risk behavior; and WHEREAS, the City's Out-of-School program provides after school services to 250 children ages 5-12 years old residing primarily in the City of Miami Beach and the program offers activities to the children including physical fitness, nutrition education and homework and literacy support, program goals are to improve academic skills and literacy and improve physical health and fitness; and WHEREAS, this program supports the key intended outcome: enhance learning opportunities for youth and this grant does not require matching funds. WHEREAS, approval to accept a contract renewal from The Children's Trust for the Youth Development Program for funding in the approximate amount of $124,061 113 for the City's Morning All Stars Program; and WHEREAS, the Youth Development Program is a new funding program created by The Children's Trust last year and the City's program name is the Morning All Stars and through this program, the City will increase youth resiliency and coping skills and reduce drug use and violence among students by providing before-school sessions of the All Star Program; and WHEREAS last year, the City was awarded funding in the amount of $124,061, this year the Program Services Committee again recommended full funding at the same amount. NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and City Commission hereby approve and authorize the City Manager or his designee to submit the following grant applications to: 1) Fiscal Year 2012 Edward Byrne Memorial Justice Assistance Grant (JAG) program for funding in the approximate amount of $62,236 for the City's Police Department priorities; 2) Florida Department of State, Division of Cultural Affairs, Culture Builds Florida Program for funding in the approximate amount of $25,000 for Sleepless Night 2013; and the following grant contract renewals: 3) Approval to accept a contract renewal from The Children's Trust for the Early Childhood Development Program for funding in the approximate amount of $150,000 for the City's Parent-Child Program; 4) Approval to accept a contract renewal from The Children's Trust for the Service Partnership Program for funding in the approximate amount of $282,000 for the City's Success University Program; 5) Approval to accept a contract renewal from The Children's Trust for the Out-Of-School Program for funding in the amount of $309,180 for the City's Afterschool and Summer Programs; 6) Approval to accept a contract renewal from The Children's Trust for the Youth Development Program for funding in the approximate amount of $124,061 for the City's Morning All Stars Program; appropriating the above grants, matching funds and city expenses related to the above projects as necessary, if approved and accepted by the City, and authorizing the execution of all documents related to these applications. PASSED and ADOPTED this ___ day of ___ , 2012. ATTEST: CITY CLERK JMG/KGB/JMH T:\AGENDA\2012\5-9-12\Grants Reso.doc 114 MAYOR 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 Pertaining To The Ranking Of Firms, Pursuant To Request For Qualifications (RFQ) No. 19-11/12, To Provide Public Information Services On Right Of Way And Facilities Construction Projects; Authorizing The Administration To Enter Into Negotiations With The Three (3) Top- Ranked Proposers: Infinite Source Communications Group; Quest Corporation Of America, Inc.; And Media Relations Group, LLC.; And Further Authorizing The Mayor And City Clerk To Execute Agreements Upon Completion Of Successful Negotiations. Key Intended Outcome Supported: Enhance external and internal communications from and within the City. Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated that 79 percent of residents and 66 percent of businesses feel the amount of information they get is the right amount. Issue: I Shall the Mayor and City Commission Adopt The Resolution? Item Summary/Recommendation: On December 14, 2012, the Mayor and City Commission approved the issuance of Request for Qualifications (RFQ) No. 19-11/12, to Provide Public Information Services on Right of Way and Facilities Construction Projects. RFQ No. 19-11/12 was issued on December 21, 2012, with an opening date of February 2, 2012. A pre- proposal conference to provide information to the proposers submitting a response was held on January 12, 2012. BidNet issued bid notices to 83 prospective proposers, and over 19 local proposers were notified via mail and e-mail, which resulted in the receipt of five (5) proposals. On March 14, 2012, the City Manager via Letter to Commission (LTC} No. 075-2012, appointed an Evaluation Committee (the "Committee"). The Committee convened on April4, and 17, 2012. The Committee was provided with general information on the scope of services, Performance Evaluation Surveys, and additional pertinent information from all responsive proposers. Additionally, the Committee received presentations from all proposers. The Committee discussed its individual perceptions of the proposers' qualifications, experience, and competence, and further ranked the proposers accordingly. A motion was presented by Irene Valines, seconded by Ray Breslin, and unanimously approved by all Committee members to recommend entering into negotiations with the three (3) top ranked proposers: Infinite Source Communications Group, Quest Corporation of America, Inc, and Media Relations Group, LLC. ADOPT THE RESOLUTION Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 I I 2 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: MIAMI BEACH 115 Account City Manager AGENDA ITEM _C_7.,-B __ DATE S-Cf-12- ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachR.gov COMMISSION MEMORANDUM TO: FROM: Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager r-d_ DATE: SUBJECT: May 9, 2012 '"""(_}../ 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. 19-11/12, TO PROVIDE PUBLIC INFORMATION SERVICES ON RIGHT OF WAY AND FACILITIES CONSTRUCTION PROJECTS; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE THREE {3) TOP-RANKED PROPOSERS: INFINITE SOURCE COMMUNICATIONS GROUP; QUEST CORPORATION OF AMERICA, INC.; AND MEDIA RELATIONS GROUP, LLC.; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS UPON COMPLETION OF SUCCESSFUL NEGOTIATIONS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Enhance external and internal communications from and within the City. ANALYSIS The Capital Improvement Project's (CIP) Construction Management efforts have expanded Citywide. Neighborhood right of way improvements, structural and park facilities, and capital renewal and replacement projects are underway in each of the three (3) City districts. The additional activity produced by these projects generates an exponential need for proper and timely notification to our citizens. Keeping our residents, business owners, and civic organizations well informed and actively involved is a key factor of CIP's ongoing and growing commitment to maintain the public informed at all times. Communications regarding the construction process is a critical element of every project. CIP is currently evolving its communications process and policies. The Office is reformulating itself to be more communication driven and proactive. In order to achieve this goal, CIP is breaking down project-related information as follows: 1. Pre-Construction Communications -In this phase, a plan is developed delineating how the community will be informed throughout the life of the project. The community is provided with information regarding when the project will commence and how stakeholders will be affected. Meetings are held with stakeholders to introduce the project team and contractor that will be working in the area. 116 Commission Memorandum-RFQ # 19-11-12 to Provide Public Information Services on Right of Way and Facilities Construction Projects. May9, 2012 Page2 2. Project Information -This phase begins concurrently with construction and is finalized when the project is substantially completed. Residents, business owners, and civic organizations are provided with weekly information relative to the progress of the work. Meetings are held on an as-needed basis with individual stakeholders or interested groups. 3. Post-Construction Communications -In this phase, project-close out information is sent out to stakeholders informing them that construction has been finalized and providing them with contact information for the various owner agencies. Currently, public information services are brought on board for neighborhood right of way projects, via the contractor that was awarded the job. Public information services for improvements to, or development of, City facilities are either brought in via the contractor, or handled in-house by the City. The public information officer (PIO) brought in by the contractor is selected at the contractor's discretion. The PIO develops and coordinates communication efforts and reports to the project team and CIP's Public Information Specialist. He/she is tasked with the following: • Developing project-related materials that are distributed on a daily or weekly basis; • Addressing questions, concerns or comments and communicating project information to stakeholders; and • Scheduling meetings and planning events to address stakeholder concerns. The successful proposers selected pursuant to this RFQ will serve to facilitate the assignment of these services for all neighborhood and facility projects managed by CIP. The goal is that the individuals procured for these services are communications professionals, or have served in a public information capacity for two {2) years or more. Lastly, it is imperative that CIP have full control of the consultants developing and executing the communication efforts for active and future construction projects. Having control of the PIC's will help the city provide the best possible service to the stakeholders impacted by our planned efforts. SCOPE OF SERVICES The Scope of Services in the RFQ describes and defines activities which may be required by the City for a range of services to include, but not be limited to: communications planning and implementation; public relations and community involvement; customer service; general translation and interpreting services; revamping project collaterals; preparation of related media communications and collateral materials; preparation of audio/video presentations; project planning; coordination and implementation; and other related services. The City shall request consultant services on an as-needed basis. Further, the Consultant is providing these services on a non-exclusive basis. The City, at its option, may elect to have any of the services set forth herein performed by other consultants or City staff. The successful proposer( s) will be tasked with the following duties and responsibilities: • Developing Public Involvement Plans • Developing project-related informational material • Communicating project information and addressing concerns 117 Commission Memorandum-RFQ # 19-11-12 to Provide Public Information Services on Right of Way and Facilities Construction Projects. May 9, 2012 Page3 • Preparing related media communications and informational materials • Coordinating emergency communications • Developing presentations and talking points • Planning, organizing and attending special events and meetings • Preparing audio/video presentations • Writing newsletters and feature stories • Translating collateral material developed • Designing and develop templates and graphics informational materials RFQPROCESS . On December 14, 2012, the Mayor and City Commission approved the issuance of Request for Qualifications (RFQ) No. 19-11/12, to Provide Public Information Services on Right of Way and Facilities Construction Projects. RFQ No. 19-11/12 was issued on December 21, 2012, with an opening date of February 2, 2012. A pre-proposal conference to provide information to the proposers submitting a response was held on January 12, 2012. BidNet issued bid notices to 83 prospective proposers, and over 19 local proposers were notified via mail and e-mail, which resulted in the receipt of the following five (5) proposals: 1. Bermello Ajamil & Partners; 2. Caltrop Corporation; 3. Infinite Source Communications; 4. Media Relations Group LLC; and 5. Quest Corporation of America, Inc. On March 14, 2012, the City Manager via Letter to Commission (LTC) No. 075-2012, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • Dolores Mejia, Special Project Administrator, Office of the City Manager • Nannette Rodriguez, Public Information Officer, Community Relations Department • Ray Breslin, Collins Park Resident and Leadership Academy Graduate • Daniel Veitia, North Beach Resident and Leadership Academy Graduate • Darlene .Fernandez, Capital Projects Coordinator, Office of Capital Improvement Projects • Lucero Levy, Biscayne Point Resident and Leadership Academy Graduate • Irene Valines, Resident and Leadership Academy Graduate Alternates • Shari Lipner, Public Information Specialist, Office of Capital Improvement Projects • Lynn Bernstein, Community Resources Coordinator, Office of the City Manager • Humberto Cabanas, Senior Capital Projects Coordinator, Office of Capital Improvement Projects. The Committee convened on April4, and 17, 2012. The Committee was provided with general information on the scope of services, Performance Evaluation Surveys, and additional pertinent information from all proposers. Additionally, the Committee received presentations 118 Commission Memorandum-RFQ # 19-11-12 to Provide Public Information Services on Right of Way and Facilities Construction Projects. May 9, 2012 Page4 from proposers. The Committee discussed the proposers' 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 Irene Valines, seconded by Ray Breslin, and unanimously approved by all Committee members, to recommend entering into negotiations with the three (3) top ranked proposers: Infinite Source Communications Group; Quest Corporation of America, Inc; and Media Relations Group, LLC. COMPANY PROFILES INFINITE SOURCE COMMUNICATIONS GROUP Infinite Source is a locally-owned, full service Florida Department of Transportation DBE, Florida State MBE, and Miami-Dade County SBE Certified Company. Infinite Source specializes in public involvement/information services, public relations (PR) and marketing, website development and graphic and video design to support private business, municipal economic development efforts and the transportation industry on all phases of infrastructure projects, including project development and environment (PD&E) studies, design, design/build and construction projects. The Infinite Source team has worked on dozens of PR, marketing, and community outreach campaigns for agencies such as the Florida Department of Transportation, Miami-Dade County, Monroe County, City of North Bay Village, and Lighthouse Point Chamber of Commerce; as well as the City of Miami Beach. The Infinite Source team is made up of skilled practitioners with local knowledge in comn;lUnity outreach, who have serviced a number of transportation-driven agencies, non-profit organizations and municipalities in Florida. Infinite Source's experience includes providing outreach services and successfully continuing communication in the following transportation driven sectors: PD&E, design and construction (such as the West Avenue PD&E Study and Central Bayshore Neighborhood Improvement Project). Project Manager Monica Diaz is a bilingual communications professional, experienced in PR, marketing, public involvement, print journalism, and integrated marketing communications. Ms. Diaz has over seven (7) years of professional experience and actively serves on a variety of creative campaigns, and public information projects for infrastructure and other public and private entities. Ms. Diaz has served on key projects with agencies such as the Tempe Convention and Visitor Bureau, Toyota Motors, and Sony/BMG Music. She actively serves an array of clients including FOOT, Bal Harbour Village, Modani Furniture, and the City of Miami 119 Commission Memorandum -RFQ # 19-11-12 to Provide Public Information Services on Right of Way and Facilities Construction Projects. May 9, 2012 PageS Beach. Ms. Diaz will oversee project strategizing, QA/QC processes, and maintain close coordination with the CIP office on the successful execution of project responsibilities. Lead Public Information Office Laura Carolina Sala is a well-rounded and experienced bilingual PIO focusing on customer service and public affairs. Her work has consisted of community outreach projects ranging from awareness campaigns to advocacy groups, with organizations such as Mother's Against Drunk Driving (MADD), Students Working Against Tobacco (SWAT), National Conference for Community and Justice (NCCJ), and the Miami- Dade Department of Health HIV Education Programs. Ms. Sala worked for New York Road Runners, organizers of the New York City Marathon. Ms. Sala's experience also includes disaster management and coordination after working with the United Nations Office for the Coordination of Humanitarian Affairs (OCHA). During crises such as the Haiti earthquake, she helped coordinate the efforts directing all incoming assistance to the appropriate departments and organizations. She has also work with the United Nations in peacekeeping for Somalia and as a freelance professional photographer. The following are samples of some of the projects that Infinite Source has worked on in recent years: • Bal Harbour and Town of Surfside-Collins Avenue Forcemain Construction Project. • SR SIUS 11Biscayne Blvd Reconstruction from NE 15 ST to NE 38 St. • NW 79 Street Repaving Project-Miami Beach Public Works • City Center 9A Neighborhood Improvement Project -City of Mimi Beach • FOOT SR 11211-195 Reconstruction Project from NW 10 Ave to Biscayne Bay • West Avenue Bridge Project PD&E Study • Collins AvenueiSR A1A-5th Street to Lincoln Road Safety Enhancement Project • SR 9851SW 107 Avenue from north of SR 9901Killian Parkway to south of SR 941Kendall Drive • Cit yCenter 9C Lincoln Road Beautification Project • New York Road Runner's Empire State Building Run-Up QUEST CORPORATION OF AMERICA. INC Founded more than 16 years ago, QCA is a Minority Woman-Owned I Disadvantaged Business Enterprise (MW I DBE) dedicated to serving the needs of public-sector clients throughout the State. Through the years, QCA has earned the reputation of providing the highest level of consulting services in the areas of Public Information, Public Involvement, Marketing and Communications. Additionally, QCA offers our extensive resources, above and beyond the stated contract positions. With nearly 50 employees dedicated solely to public sector clients statewide, plus an award-winning in-house Creative Services Division. The local office is comprised of ten communications professional who have been developing and implementing public information plans and providing communication consulting services on hundreds of road, bridge, utility, and facility projects undertaken by the City of Miami Beach and other public sector agencies and municipalities. Tish Burgher, QCA Senior Manager, will serve this contract as Project Principal, and will be 120 Commission Memorandum -RFQ # 19-11-12 to Provide Public Information Services on Right of Way and Facilities Construction Projects. May9, 2012 Page6 an additional resource for Quality Assurance/Quality Control (QA/QC) support. Ms. Burgher has worked as a Project Principal, Project Manager and Senior Public Information Officer in South Florida for more than 17 years. She has worked indirectly with the City of Miami Beach on numerous FDOT roadway projects and offers extensive experience supervising similar contracts. She manages a local staff of ten associates, overseeing contracts, client relations and contract compliance. Lauren Firtel, QCA Area Manager, will be the Project Manager in charge of Quality Assurance/Quality Control (QA/QC) for this contract. Ms. Firtel has more than eight (8) years of relevant experience. Ms. Firtel has experience managing multiple people and projects simultaneously and has organized special events from start to finish with a large volunteer leadership base and hundreds of· attendees. Since joining QCA, she has served as the Public Information Officer for four (4) City of Miami Beach Capital Improvement Projects; three (3) are still ongoing. Ms. Firtel serves as the community liaison/point person for South Pointe Phases Ill, IV and V; Star Island and Bayshore B -Lower North Bay Road. Ms. Firtel also serves FOOT's District Six (Miami-Dade and Monroe counties) as an Assistant Public Information Specialist on the Districtwide Miscellaneous Construction Contract . lvette Ruiz-Paz, bilingual QCA Associate, will serve as the Public Information Officer (PIO) for this contract. A seasoned English and Spanish media professional, Ms. Ruiz-Paz brings over 14 years of experience and is a skilled writer in both English and Spanish. She has experience coordinating and facilitating public meetings and special events; she also assisted with ramp up activities on local roadway projects, such as the 95 Express Phase 2, which recently began in Broward County. The following are samples of some of the projects that QCA has worked on in recent years: • Star Island • South Pointe Phase Ill, IV, V • South Pointe Phase II • City of Doral (Trolley) • FOOT District Six, Miami-Dade and Monroe County • Orange County Utilities/Lake Conway Estates • City of Orlando/Barack Obama Parkway • City of Panama City Beach • City of Cape Coral/Balfour Beatty MEDIA RELATIONS GROUP. LLC Media Relations Group LLC (MRG) is a, locally owned, Florida Department of Transportation (FDOT) certified Disadvantaged Business Enterprise (DBE), and Florida-Certified Minority Business Certification firm, whose staff is based in Miami-Dade County. MRG has served the South Florida community since 1999. In the last two (2) years, MRG has scheduled and conducted more than 1 00 briefings with elected officials in the tri-county areas, and executed more than 50 successful public meetings and hearings. 121 Commission Memorandum -RFQ # 19-11-12 to Provide Public Information Services on Right of Way and Facilities Construction Projects. May9, 2012 Page? MRG provides media relations in both English and Spanish, marketing; graphic services, the organization of business interests, grassroots door to door consensus building, and serves a spokesperson for its clients. For 13 years, MRG has developed and executed successful public involvement programs and community awareness plans for the FOOT, Florida's Turnpike Enterprise, Miami-Dade and Broward Metropolitan Planning Organizations, Miami- Dade Public Works, Miami-Dade Water and Sewer, Miami-Dade Expressway Authority, and several individual municipalities. The team is comprised of individuals who have more than 50 years of combined experience working with and for many local agencies and cities. Project Manager Alicia Gonzalez is a bilingual public relations professional specializing in public i11volvement programs for infrastructure projects. Mrs. Gonzalez has successfully implemented public involvement campaigns for the Florida Department of Transportation's District One, Four, and Six for the past 18 years. She has more than 16 years of experience in media relations, working with both Spanish and English media in the South Florida area. Mrs. Gonzalez's position as Principal of MRG, guaranties her ability to serve as Project Manager without interruption for the duration of the contract. Mrs. Gonzalez will ensure contract compliance, manage budget, execute special projects and oversee all staff and work production. Public Information Officer David Ramil is a bilingual public information specialist who brings years of experience in the fields of construction, design, design-build, project development and environment (PD&E) and traffic operations projects. Mr. Ramil's expertise in community outreach has helped him become a key team member on significant projects through all phases of development. As a liaison for FOOT, he has worked with elected officials, the media and the general public throughout South Florida. Mr. Ramil has coordinated numerous public meetings and public information campaigns on behalf of FOOT District Six and District Four. Public Information Officer Alison Soule is an experienced public affairs/public relations professional who has worked on transportation, transit and community outreach projects in South Florida. Ms. Soule specialties include developing, managing, and implementing successful public involvement programs for projects in FOOT Districts Four and Six. Ms. Soule has worked extensively with members of the public, elected officials, municipal representatives and the media. The following are samples of some of the projects that MRG has worked on in recent years: • Florida Department of Transportation, District Four • Florida Department of Transportation, District Six • Town of Cutler Bay Public Outreach Contract • City of North Bay Village • Village of Palmetto Bay Public Outreach Contract • Cutler Bay Water and Sewer Department 60" Force Main • City of Hialeah Automated Waste Collection Study • City of Doral Trolley Service Study 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 the 122 Commission Memorandum-RFQ # 19-11-12 to Provide Public Information Services on Right of Way and Facilities Construction Projects. May9, 2012 PageS Administration to enter into negotiations with the three (3) top-ranked proposers: Infinite Source Communications Group; Quest Corporation of America, Inc; and Media Relations Group, LLC.; and further authorize the Mayor and City Clerk to execute agreements upon completion of successful negotiations. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accepts the recommendation of the City Manager pertaining to the ranking of proposals pursuant to Request for Qualifications (RFQ) No. 19-11/12 to Provide Public Information Services on Right of Way and Facilities Construction Projects; authorizing the Administration to enter into negotiations with the three (3) top-ranked proposers: Infinite Source Communications Group, Quest Corporation of America, Inc, and Media Relations Group, LLC.; and further authorizing the Mayor and City Clerk to execute agreements upon completion of successful negotiations. T:\AGENDA\2012\5-9-12\RFQ-19-11-12 PIOs -Memo.doc -' 123 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. 19-11/12, TO PROVIDE PUBLIC INFORMATION SERVICES ON RIGHT OF WAY AND FACILITIES CONSTRUCTION PROJECTS; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE THREE (3) TOP-RANKED PROPOSERS: INFINITE SOURCE COMMUNICATIONS GROUP; QUEST CORPORATION OF AMERICA, INC.; AND MEDIA RELATIONS GROUP, LLC.; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS UPON COMPLETION OF SUCCESSFUL NEGOTIATIONS. WHEREAS, on December 14, 2012, the Mayor and City Commission approved the issuance of Request for Qualifications (RFQ) No. 19-11/12, to provide Public Information Services on Right of Way and Facilities Construction Projects; and WHEREAS, RFQ No. 19-11/12 was issued on December 21, 2012, with an opening date of February 2, 2012; and WHEREAS, a pre-proposal conference to provide information to the proposers submitting a response was held on January 12, 2012; and WHEREAS, Bid Net issued bid notices to 83 prospective proposers, and over 19 local proposers were notified via mail and e-mail, which resulted in the receipt of five (5) proposals; and WHEREAS, on March 14, 2012, the City Manager via Letter to Commission (LTC) No. 075-2012, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • Dolores Mejia, Special Project Administrator, Office of the City Manager • Nannette Rodriguez, Public Information Officer, Community Relations Department • Ray Breslin, Collins Park Resident and Leadership Academy Graduate • Daniel Veitia, North Beach Resident and Leadership Academy Graduate • Darlene Fernandez, Capital Projects Coordinator, Office of Capital Improvement Projects • Lucero Levy, Biscayne Point Resident and Leadership Academy Graduate • Irene Valines, Resident and Leadership Academy Graduate Alternates • Shari Lipner, Public Information Specialist, Office of Capital Improvement Projects • Lynn Bernstein, Community Resources Coordinator, Office of the City Manager • Humberto Cabanas, Senior Capital Projects Coordinator, Office of Capital Improvement Projects; and 124 WHEREAS, the Committee convened on April 4, and 17, 2012, and was provided with general information on the scope of services, Performance Evaluation Surveys, additional pertinent information, and presentations from all proposers; and WHEREAS, the Committee discussed the proposers' qualifications, experience, and competence, and ranked the proposers accordingly; and WHEREAS, a motion was presented by Irene Valines, seconded by Ray Breslin, and unanimously approved by all Committee members, to recommend entering into negotiations with the three (3) top ranked proposers: Infinite Source Communications Group; Quest Corporation of America, Inc; and Media Relations Group, LLC.; and WHEREAS, after considering the recommendation of the Committee, the City Manager exercised his due diligence and concurs with the Committee's recommendation. 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 accept the recommendation of the City Manager pursuant to Request for Qualifications (RFQ) No. 19-11/12 to Provide Public Information Services on Right of Way and Facilities Construction Projects; and authorize the Administration to enter into negotiations with the three (3) top-ranked proposers: Infinite Source Communications Group, Quest Corporation of America, Inc, and Media Relations Group, LLC.; and further authorize the Mayor and City Clerk to execute agreements upon completion of successful negotiations. PASSED AND ADOPTED THIS ___ DAY OF ------"2012. ATTEST: CITY CLERK MAYOR T:\AGENDA\2012\5-9·12\RFQ-19-11-12 PIOs -RESO.doc 125 APPROVED AS TO FORM & LANGUAGE __.--._FOR EXECUTION THIS PAGE INTENTIONALLY LEFT BLANK 126 COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving a Food Truck Pilot Program in North Beach. Key_ Intended Outcome Supported: ncrease satisfaction with family recreational activities Supporting Data (Surveys, Environmental Scan, etc.): Number of participants at Arts in the Parks events has increased from 1,270 in 2008, 3,875 in 2009, 4,493 in 2010, to 14,920 in 2011. Issue: Shall the City sponsor an event in North Beach which includes participation by food trucks? Item Summa /Recommendation: Following referrals for discussion to Committee, as well as community input, on April 27, 2012, the Neighborhood Committee recommended that an event incorporating food trucks be initiated as a pilot program beginning in June. The NCAC further recommended that North Beach restaurants be allowed to participate in the event, that the program include branding of the event, and that the food trucks be responsible for providing restrooms, sanitation, and security. A total of three events were recommended as part of the pilot. Based on the discussion and recommendation by the NCAC, the following criteria for the Food Truck Pilot Program, with events in June, July and August, is proposed: • Take place beginning in June after school and that the event be branded as a family-oriented event; • That the event take place on a weeknight, such as a Monday, Tuesday or Wednesday; • That they be in addition to live entertainment at the bandshell followed by a special Movie in the Park showing or a similar event open to the public; • That the food trucks line up on Ocean Terrace facing away from the street; • That an area be set aside for local restaurants to participate. The Administration has prepared a preliminary budget for the portions of the pilot program that the City would be responsible for providing. This funding for the Food Truck Pilot Program was submitted to the NCAC Committee as part of the North Beach Economic Development program budget for this fiscal year: Fee for movies $1 ,566 Labor $450 Off-Duty/Security $660 Entertainment $2,400 Equipment Rentals (tables, etc) $1 ,500 Marketing Expenses $4,500 Total Projected Budget $11,076 Adviso Board Recommendation: Neighborhoods/Community Affairs Committee, July 7, 2011, November 10, 2011, and April27, 2012 Financial information: Source of Amount Account Funds: ~· ~ 1 $11,076 From previously appropriated funds Acct 011-9322-000353 OBPI Total $11,076 Financial Impact Summary: n/a Clerk's Office Le islative Tracking: Kevin Crowder, City Manager's Office Assistant City Manager KC MIAMI BEACH 127 AGENDA ITEM _C_7.;_c_...;;;;;;.__ DATE S-9-/L ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov MEMO# COMMISSION MEMORANDUM TO: FROM: Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager ~·" DATE: March 9, 2012 U U SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE'S RECOMMENDATION TO IMPLEMENT A PILOT FOOD TRUCK PROGRAM TO TAKE PLACE IN NORTH BEACH. BACKGROUND On July 7, 2011, the Neighborhoods/Community Affairs Committee (NCAC) discussed the topic of food trucks and the potential of a food truck festival in North Beach. The Committee heard input from several North Beach business owners regarding a potential food truck event, and the Committee approved a motion to defer discussion regarding f- food trucks to the September meeting. On November 10, 2011, the NCAC again discussed the topic of food trucks and the potential of a food truck festival in North Beach. The NCAC approved a motion to direct the Administration to have further discussion with the community to identify issues and suggestions regarding a food truck event. A food truck workshop was held with the North Beach community on February 16, 2012, at the North Shore Park & Youth Center. Businesses and residents were invited to attend; approximately 25 individuals attended the workshop (sign-in sheet attached). Overall support for a food truck festival was split, with the residents in attendance strongly in favor, while the restaurants were opposed. There was a feeling amongst the majority of the crowd that the only way to really know if it will work is to try it once. However, if food trucks are going to be allowed in North Beach, even on a one-time basis, there was consensus on the following issues: • It is important to bring people to the neighborhood from outside of the area. • The food truck event should be done on a slow business day, not on a weekend; • The food trucks should not be a standalone event, but should be part of a larger event. Concepts included: o Taste of North Beach; o Incorporate with an event at the Bandshell; o Promote with the MIMO District; o Promote with movie night and skate night. • There was overwhelming consensus that local businesses, particularly restaurants, must be allowed to participate for free; o If alcohol is allowed, it should only be available from the existing 128 Commission Memorandum May 9, 2012 Food Truck Pilot Program restaurants. • Success or failure must be measurable. • The food trucks must take care of restroom, sanitation, and security needs. NEIGHBORHOODS COMMITTEE RECOMMENDATION On April 24, 2012, the Administration reported the results of the community workshop to the NCAC. The NCAC recommended that an event incorporating food trucks be initiated as a pilot program beginning in June, and that three events be held. The NCAC further recommended that North Beach restaurants be allowed to participate in the event, that the program include branding of the event, and that the food trucks be responsible for providing restrooms, sanitation, and security. Based on the discussion and recommendation by the NCAC, the Administration proposes the following criteria for the Food Truck Pilot Program, with events in June, July and August: • That the event take place beginning in June after school has let out and that the event be branded as a family-oriented event; • That the event take place on a weeknight, such as a Monday, Tuesday or Wednesday; • That the event include live entertainment at the bandshell followed by a special Movie in the Park showing; • That the food trucks line up along Ocean Terrace facing away from the street; • That an area be set aside for local restaurants to participate at no cost. Since the Food Trucks are part of a larger, City-sponsored event, the City will apply for the special event permit for this event. However, as previously noted, the Food Truck organizers will be required to meet other requirements (insurance, security, sanitation, restrooms). The City will be responsible for promotion of the event, although the Food Trucks selected are expected to also promote the event through their extensive social media networks. PROPOSED PROGRAM COSTS The Administration has prepared a preliminary budget for the three events, and recommends that funding from the North Beach Economic Development activities budget previously approved by the City Commission be reallocated from the Umbrella Marketing Campaign line item in that budget to the Food Truck Pilot Program. Fee for movies Labor Off-Duty Entertainment Equipment Rentals (tables, etc) Marketing Expenses Total Projected Budget $1,566 $450 $660 $2,400 $1,500 $4,500 $11,076 129 Commission Memorandum May 9, 2012 Food Truck Pilot Program CONCLUSION The Administration recommends that the Mayor and City Commission approve the Resolution and support the NCAC's recommendation for a Food Truck Pilot Program in North Beach. JMG/HF/~ T:IAGENDA\2012\5-9-12\Food Truck Event Memo.docx 130 L------------------------------------------------------------'--NAME CONTACT I FAX NUMBER NUMBERS f •n·W;j ~v·~ .~-v /7" f \4!\~~ _ ~\ Y'' I CoO:J• ~\t.-{01 J I 3c.bt-3 KY-914 ..TO> 5-cr~...Frc;J-~ ~s--l RESOLUTION TO BE SUBMITTED 132 COMMISSION ITEM SUMMARY Key Intended Outcome Supported: Designation and retention of historically significant properties. Supporting Data (Surveys, Environmental Scan, etc.): In the 2009 Survey, all respondents were ~sked to indicate if they felt the effort put forth by the City of Miami Beach on historic preservation was oo little, too much or about the right amount. 77.1% of respondents reported that the effort put forth ~Y the City of Miami Beach on historic preservation is "about the right amount." Issue: The Administration is requesting that the Mayor and City Commission consider the proposed resolution, which would approve a Preconstruction Application for Historic Ad Valorem Tax Exemption for a single- family property located at 1815 Michigan Avenue. Item Summary/Recommendation: The Administration recommends approval of the resolution. Advisory Board Recommendation: On June 9, 1999, the City Commission Adopted the Palm View Historic District. The subject property located at 1815 Michigan Avenue is listed as a 'Contributing' building within the Palm View Historic District; and; On July 12, 2011, the Historic Preservation Board reviewed and approved a request for a Certificate of Appropriateness for the partial demolition, renovation and restoration of the existing home and the construction of a new addition, subject to certain conditions indicated in the Final Order of the Board On February 14, 2012, the Historic Preservation Board held a public hearing and voted in favor of recommending that the Mayor and City Commission approve a Preconstruction Application for Historic Ad Valorem Tax Exemption for qualifying improvements to the historically designated single-family property at 1815 Michigan Avenue. Financial Information· Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin : William H. Cary, Assistant Planning Director; Debbie Tackett, Senior Planner. MlAMIBEACH 133 City Manager AGENDA ITEM c. 7 D DATE 5"'-9-/L MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of th/ity Commission Jorge M. Gonzalez, City Manager C'XVD May 9, 2012 U A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A PRECONSTRUCTION APPLICATION FOR HISTORIC AD VALOREM TAX EXEMPTION FOR A SINGLE-FAMILY PROPERTY AT 1815 MICHIGAN AVENUE, AND AUTHORIZING THE MIAMI-DADE COUNTY PROPERTY APPRAISER'S OFFICE TO GRANT THIS TAX EXEMPTION FOR THE CITY'S PORTION OF AD VALOREM PROPERTY TAXES FOR QUALIFYING IMPROVEMENTS TO THE SUBJECT PROPERTY FOLLOWING SUBSTANTIAL COMPLETION OF THE PROJECT AND COMPLIANCE WITH CERTAIN CONDITIONS. ADMINISTRATION RECOMMENDATION The Administration is requesting that the Mayor and City Commission adopt the proposed resolution, thereby approving a Preconstruction Application for Historic Ad Valorem Tax Exemption for a single-family property located at 1815 Michigan Avenue. HISTORIC SINGLE-FAMILY AD VALOREM TAX EXEMPTION On December 8, 2004, the City of Miami Beach enacted legislation that authorizes an exemption for its portion of ad valorem taxes for improvements to historically designated single-family homes (Sections 118-600 to 118-612 of the Miami Beach City Code). This legislation allows for the City's portion of property taxes to be "frozen" at the rate they were assessed before qualifying improvements are made to an historic single-family home for a period of ten (1 0) years. The "freezing" is accomplished by removing from the assessment the incremental value added by the qualifying improvements. Only the incremental value of the qualifying improvements shall be "frozen" for the ten year period. Qualifying improvements are the result of restoration, renovation, rehabilitation and/or compatible additions to an historic single-family property. In order for an improvement to qualify for an exemption, the improvement must be determined by the Historic Preservation Board and City Commission to be consistent with the Secretary of the Interior's Standards for Rehabilitation and the Certificate of Appropriateness Criteria in Section 118-564 of the Miami Beach City Code. However, the Miami-Dade County Property Appraiser's Office will make the final determination of whether an improvement qualifies for an exemption. 134 Commission Memorandum of May 9, 2012 Historic Single-Family Ad Valorem Tax Exemption 1815 Michigan Avenue Page 2 of5 The application for Historic Ad Valorem Tax Exemption is a two step process. The "Part 1 -Preconstruction Application" is normally submitted to the Planning Department prior to any construction or demolition for an eligible single-family property. The "Part 2 - Review of Completed Work" is submitted to the Planning Department upon substantial completion of the project. Upon submittal of a completed Part 1 -Preconstruction Application, the Planning Department will schedule the request for approval of Historic Ad Valorem Tax Exemption from the Historic Preservation Board at their next regularly scheduled meeting. The Board will review and make a recommendation to the City Commission to grant or deny an application for tax exemption. The Planning Department will transmit the request for approval of Historic Ad Valorem Tax Exemption, together with the Part 1 -Preconstruction Application and the recommendations of the Historic Preservation Board and staff, for final consideration by the City Commission at a regularly scheduled meeting. A majority vote of the City Commission is required to approve an application for tax exemption. For final approval of an Historic Ad Valorem Tax Exemption, the applicant must submit to the Planning Department the Part 2 -Review of Completed Work upon substantial completion of the project. A review will be conducted by Planning Department staff to determine whether or not the completed improvements are in compliance with the work approved by the City Commission in the Part 1 -Preconstruction Application. To qualify for a tax exemption, the property owner is required to enter into a covenant or agreement with the City guaranteeing that the character of the property and its qualifying improvements will be maintained during the period that the exemption is granted. LEGAL DESCRIPTION Lot 10 in Block 9 of Palm View Subdivision, according to the Plat thereof, as recorded in Plat Book 6 at Page 29 of the Public Records of Miami-Dade County, Florida. EXISTING STRUCTURE The existing structure is listed as a contributing property within the local Palm View Hisotic District. The subject home, originally constructed in 1937, was designed by architect V.H. Nellenbogen. The single-family residence at 1815 Michigan Avenue is good example of the Mediterranean Revival/Art Deco Transitional style of architecture, a unique synthesis of Mediterranean Revival form and Art Deco detailing. The distinctive two story residence is characterized by a simple, asymmetric street fac;ade, slopped barrel tile roofs and scored smooth stucco finish. BACKGROUND On June 9, 1999, the City Commission Adopted the Palm View Historic District. The subject property located at 1815 Michigan Avenue is listed as a 'Contributing' building within the Palm View Historic District; and; On July 12, 2011, the Historic Preservation Board reviewed and approved a request for a Certificate of Appropriateness for the partial demolition, renovation and restoration of the existing home and the construction of a new addition, subject to certain conditions indicated in the Final Order of the Board 135 Commission Memorandum of May 9, 2012 Historic Single-Family Ad Valorem Tax Exemption 1815 Michigan Avenue Page 3 of5 On February 14, 2012, the Historic Preservation Board held a public hearing and voted in favor of recommending that the Mayor and City Commission approve a Preconstruction Application for Historic Ad Valorem Tax Exemption for qualifying improvements to the historically designated single-family property at 1815 Michigan Avenue. SCOPE OF PROJECT The applicant is requesting City Commission approval of an application for Historic Ad Valorem Tax Exemption for the single-family property at 1815 Michigan Avenue. In brief, the project includes the improvements to the historic residence and site indicated below. A. Exterior Architectural Features 1. The existing facades of the structure will be repaired and restored in accordance with available historical documentation, including the restoration of the coral rock surrounding the entry door, painted shutters, and overhang above the entry door. 2. All exterior doors and windows will be replaced with historically appropriate hurricane impact windows and doors. 3. All decorative iron work at entry will be repaired and restored. 4. The original planter features on the west elevation of the structure will be restored and repaired. 5. The original front entry porch, currently in disrepair will be restored back to its original configuration, including the restoration and replacement of historic tiles, the cracked original steps and stone walkway will be restored. 6. The existing, non-original 486 square foot Florida Room located at the east (rear) portion of the home is currently is poor structural condition and will be demolished. All original exterior walls of historic home will be retained and restored. 7. A 1,127 square foot, two-story addition will be added at the east (rear) attached to the historic home. The new addition will contain a kitchen, great room and exercise room on the ground level and a master suite and spare bedroom and bath on the second floor. 8. The existing house will be brought into compliance with current building codes. All Mechanical, Electrical and Plumbing systems will be replaced with new code compliant systems. B. Interior Architectural Features (The interior features indicated below may not be considered to be qualifying for the tax exemption.) 1. The front entry hall has extensive water damage and will be restored including 136 Commission Memorandum of May 9, 2012 Historic Single-Family Ad Valorem Tax Exemption 1815 Michigan Avenue Page 4 of5 the repair of interior walls, and replacement of floor tiles. 2. The existing original columns which frame the hallway of the existing living room have extensive water damage and will the retained and restored maintaining the historic archway configuration. 3. The existing kitchen and laundry rooms will be demolished and replaced in the new addition. C. Landscape Features (The landscape and site improvements indicated below are not considered to be qualifying for the tax exemption.) 1. The original stone site wall located at the north and south sides of the property will be retained and restored to its historic configuration. 2. The existing Canary Island Date Palm located at the west (front) of the property which in poor condition will be replaces with native species trees. Shade trees and other natives will be planted throughout the site. 3. Irrigation will be installed for the west portion of the property. 4. A swimming pool will be installed at the north side of the property. 5. The uneven, cracked driveway at the front of the home will be repaired, and the existing driveway located at the rear of the property will be removed. FISCAL IMPACT According to the applicant, the estimated cost of the entire project is $800,000 and the value of the proposed qualifying improvements for the subject single-family property is $500,000. The project commencement date is scheduled for February 2012 and the estimated project completion date is November 2012. Please note that the revenue implication calculation provided below is a rough approximation. It assumes that the Miami-Dade County Property Appraiser's Office will not reduce the actual square footage of the additions to adjusted square footage. It assumes that the City's millage rate, the building market value, as well as the building class and grade value will remain the same. It is also based solely on the estimated value of the new additions and not to any repairs to the historic residence. The Miami-Dade County Property Appraiser's Office determined in 2011 that the subject property has an adjusted square footage of 2,416 and a building value of $92,451. The lot size is approximately 7,500 square feet with a land value of $337,500. The Property Appraiser's Office advised that the subject property has an effective building value per adjusted square foot of $38 which is based upon its building class and grade. According to the applicant, approximately 486 square feet of the existing structure will be demolished and replaced with approximately 1,127 square footage of qualifying building additions for the site. Then the estimated value of the proposed 137 Commission Memorandum of May 9, 2012 Historic Single-Family Ad Valorem Tax Exemption 1815 Michigan Avenue Page 5 of5 increase in qualifying square footage only, would be $42,826. This figure does not include any other qualifying improvements that the County Tax Appraiser may determine to add value to the property. The County Tax Appraiser may determine certain improvements to the existing structure to be maintenance and therefore not adding building value to the property. In FY 2010/11, the adopted millage rate for the City of Miami Beach is 6.2155. For the sole purpose of providing an estimated savings to the property owner (based on solely on the square footage of qualifying additions), we will assume there will be no change in millage rate over the ten year period in which the exemption is granted. When using the estimated 6.2155 millage rate for FY 20010/11, the applicant will save annually approximately $270 from Miami Beach's portion of property taxes. Again, this calculation is a rough estimate of the revenue implication to the City due to many variables. Since the City of Miami Beach enacted legislation that authorizes an exemption for its portion of ad valorem taxes for improvements to historically designated single-family homes on December 8, 2004, a total of sixteen {16) historic single family home owners have applied for the exemption. As of the date of this memo, a total of five (5) applications have been finalized and processed by the Miami-Dade County Tax Appraiser for a total yearly exemption of $31,398 from the city's portion of the taxes (this number is based on the 2010/2011 millage rate). ANALYISIS The applicant is to be greatly commended for the retention and sensitive restoration of the subject home. In accordance with Section 118-604 of the Miami Beach City Code, an eligible single-family property must file a written application for Historic Ad Valorem Tax Exemption with the Planning Department prior to any construction or demolition. The tax exemption ordinance was adopted by the City Commission on December 8, 2004. The subject single-family property was determined to be an Historic Structure by the Historic Preservation Board on February 14, 2012. Thereby, the subject single- family property is eligible to apply for an Historic Ad Valorem Tax Exemption. RECOMMENDATION In view of the foregoing analysis, and consistency with the Secretary of the Interior's Standards for Rehabilitation and the Certificate of Appropriateness Criteria in Section 118-564 of the Miami Beach City Code, staff recommends in favor of the application for Miami Beach Historic Ad Valorem Tax Exemption for the single-family residence at 1815 Michigan Avenue. JMG:JGG:RGL:WHC~ T:IAGENDA\201215-9-1211815 Michigan Ave_ Tax Exemp_Memo.doc 138 RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A PRECONSTRUCTION APPLICATION FOR HISTORIC AD VALOREM TAX EXEMPTION FOR A SINGLE-FAMILY PROPERTY AT 1815 MICHIGAN AVENUE, AND AUTHORIZING THE MIAMI-DADE COUNTY PROPERTY APPRAISER'S OFFICE TO GRANT THIS TAX EXEMPTION FOR THE CITY'S PORTION OF AD VALOREM PROPERTY TAXES FOR QUALIFYING IMPROVEMENTS TO THE SUBJECT PROPERTY FOLLOWING SUBSTANTIAL COMPLETION OF THE PROJECT AND COMPLIANCE WITH CERTAIN CONDITIONS. WHEREAS, the Mayor and City Commission have deemed it in the best interest and welfare of the City of Miami Beach ("City") to provide financial incentives for the retention and rehabilitation of architecturally and historically significant single-family homes in Miami Beach; and WHEREAS, on December 8, 2004, the Miami Beach City Commission adopted Ordinance No. 2004-3469 that authorizes an exemption for the City's portion of ad valorem taxes if qualifying improvements are made to historically designated single-family homes; and WHEREAS, Quinn Morgan and Upacala Mapatuna, the owners of real property located at 1815 Michigan Avenue (Lot 10 in Block 9 of Palm View Subdivision, according to the Plat thereof, as recorded in Plat Book 6 at Page 29 of the Public Records of Miami-Dade County, Florida), submitted requests to the City's Planning Department for the following: a) a Certificate of Appropriateness, and b) an Historic Ad Valorem Tax Exemption for the subject property; and WHEREAS, on June 9, 1999, the City Commission Adopted the Palm View Historic District. The subject property located at 1815 Michigan Avenue is listed as a 'Contributing' building within the Palm View Historic District [Exhibit "A"]; and WHEREAS, on July 12, 2011, the Historic Preservation Board reviewed and approved a request for a Certificate of Appropriateness for the partial demolition, renovation and restoration of the existing home and the construction of a new addition, subject to certain conditions indicated in the Final Order of the Board [Exhibit "8"]; and WHEREAS, on February 14, 2012, the Historic Preservation Board held a public hearing and voted in favor of recommending that the Mayor and City Commission approve a Preconstruction Application for Historic Ad Valorem Tax Exemption for qualifying improvements to the historically designated single-family property at 1815 Michigan Avenue [Exhibit "C"]; and WHEREAS, the Historic Preservation Board has certified that the subject single-family property for which an exemption is requested is eligible and satisfies Section 118-602(a) of the Miami Beach City Code; and WHEREAS, the Historic Preservation Board has determined that the proposed improvements to the subject single-family property are consistent with the Secretary of the 139 Interior's Standards for Rehabilitation and the Certificate of Appropriateness criteria in Section 118-564 of the Miami Beach City Code, in accordance with Section 118-602(b ); and WHEREAS, the City's Planning Department has recommended that this request for a tax exemption for the subject single-family property be granted, subject to all of the conditions set forth herein and the Historic Preservation Board Order [Exhibit "B"]. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a Preconstruction Application for Historic Ad Valorem Tax Exemption for the subject single-family property at 1815 Michigan Avenue be approved, subject to the conditions of the Historic Preservation Board Order (Exhibit "B") and the following conditions: 1. Scope of Tax Exemption. The exemption shall apply to one hundred (1 00) percent of the assessed value of all qualifying improvements to the single-family property that result from restoration, renovation, rehabilitation, and/or compatible additions. The exemption applies only to taxes levied by the City. The exemption does not apply to taxes levied for the payment of bonds or to taxes authorized by a vote of the electors pursuant to the Miami Beach City Code or the Florida Constitution. The exemption does not apply to personal property or to propert.ies located within a community redevelopment area. The Miami-Dade County Property Appraiser's Office will make the final determination of whether an improvement qualifies for an exemption. 2. Approved Qualifying Improvements. The qualifying improvements to the subject single- family property delineated below are considered to be eligible for the tax exemption, as submitted to and approved by the City's Historic Preservation Board. A. Exterior Architectural Features i. The existing facades of the structure will be repaired and restored in accordance with available historical documentation, including the restoration of the coral rock surrounding the entry door, painted shutters, and overhang above the entry door. ii. All exterior doors and windows will be replaced with historically appropriate hurricane impact windows and doors. iii. All decorative iron work at entry will be repaired and restored. iv. The original planter features on the west elevation of the structure will be restored and repaired. v. The original front entry porch, currently in disrepair will be restored back to its original configuration, including the restoration and replacement of historic tiles, the cracked original steps and stone walkway will be restored. vi. The existing, non-original 486 square foot Florida Room located at the east (rear) portion of the home is currently is poor structural condition and will be demolished. All original exterior walls of historic home will be retained and restored. vii. A 1,127 square foot, two-story addition will be added at the east (rear) attached to the historic home. The new addition will contain a kitchen, great room and exercise room on the ground level and a master suite and spare bedroom and bath on the second floor. 2 140 viii. The existing house will be brought into compliance with current building codes. All Mechanical, Electrical and Plumbing systems will be replaced with new code compliant systems. B. Interior Architectural Features (The interior features indicated below may not be considered to be qualifying for the tax exemption.) i. The front entry hall has extensive water damage and will be restored including the repair of interior walls, and replacement of floor tiles. ii. The existing original columns which frame the hallway of the existing living room have extensive water damage and will the retained and restored maintaining the historic archway configuration. iii. The existing kitchen and laundry rooms will be demolished and replaced in the new addition. C. Landscape Features (The landscape and site improvements indicated below are not considered to be qualifying for the tax exemption.) i. The original stone site wall located at the north and south sides of the property will be retained and restored to its historic configuration. ii. The existing Canary Island Date Palm located at the west (front) of the property which in poor condition will be replaces with native species trees. Shade trees and other natives will be planted throughout the site. iii. Irrigation will be installed for the west portion of the property. iv. A swimming pool will be installed at the north side of the property. v. The uneven, cracked driveway at the front of the home will be repaired, and the existing driveway located at the rear of the property will be removed. 3. Duration of Tax Exemption. The exemption shall take effect on the January 1st following substantial completion of the improvements. The exemption shall remain in effect for ten (10) years. The duration of ten (10) years shall continue regardless of any change in the authority of the City to grant such exemptions or any changes in ownership of the property. 4. Required Covenant. The property owner shall enter into a covenant with the City for the term for which the exemption is granted. The covenant shall be form approved by the City Attorney and shall require that the character of the property, and the qualifying improvements to the property, be maintained during the period that the exemption is granted. Before the effective date of the exemption, the owner of the property shall have the covenant recorded in the official records of Miami-Dade County, Florida. The covenant shall be binding on the current property owner, transferees, and their heirs, successors, and assigns. Violation of the covenant shall result in the property owner 3 141 being required to pay the differences between the total amount of taxes which would have been due in March in each of the previous years in which the covenant was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in F.S. § 212.12(3). 5. Building Permit Plans and Construction. Building permit plans must accurately reflect all improvements approved by the Historic Preservation Board and City Commission in the Preconstruction Application and architectural drawings for the single-family property. All work on site must be in accordance with the building permit plans. 6. Amendments. All proposed amendments to the approved application and permit plans must be reviewed and approved prior to the completion of the improvements. Minor amendments to permit plans may be approved by the Planning Department provided such amendments are consistent with the Secretary of the Interior's Standards for Rehabilitation and the Certificate of Appropriateness criteria in Section 118-564 of the Miami Beach City Code. Major amendments to the approved plans must be reviewed and approved by the Historic Preservation Board. 7. Completion of Work. An application must complete all work within 30 months following the date of approval by the city commission. An approval for ad valorem tax exemption shall expire if the building permit for the approved work is not issued within the timeframes specified under the corresponding certificate of appropriateness, or if a full building permit issued for the approved work should expire or become null and void, for any reason. The approval for ad valorem tax exemption shall be suspended if such permit is issued but the property owner has not submitted a final request for review of completed work within 30 months following the date of approval by the city commission. The Historic Preservation Board, for good cause shown, may extend the time for completion of a substantial improvement for a period not to exceed two years from the completion date in the original approval by the city commission, or such lesser time as may be prescribed by the board. 8. Review of Completed Work. The applicant shall submit a request for Review of Completed Work to the Planning Department no less than 30 calendar days prior to the effective date of expiration of approval by the City Commission, as may be extended by the Historic Preservation Board. The Planning Department shall conduct a review to determine whether or not the completed improvements are in compliance with the work approved by the City Commission, including any approved amendments. If the Planning Department determines that the work is in compliance, the final request for Review of Completed Work shall be approved and issued in writing to the applicant. If the Planning Department determines that the work as completed is not in compliance, the applicant will be advised in writing that the final request for Review of Completed Work has been denied. A written summary of the reasons for the determination will be provided, including recommendations concerning the changes to the proposed work necessary to bring it into compliance. The applicant may file an appeal of the decision of the Planning Department within 15 days of such decision. The appeal shall be in writing and shall be to the Historic Preservation Board and shall set forth the factual and legal bases for the appeal. 9. Notice of Approval to the Property Appraiser. Upon the receipt of a certified copy of the recorded restrictive covenant, the Planning Department shall transmit a copy of the 4 142 approved request for Review of Completed Work, the exemption covenant, and the resolution of the City Commission approving the final application and authorizing the tax exemption to the Miami-Dade County Property Appraiser's Office. Final verification of substantial completion of the improvements shall be determined by the Miami-Dade County Property Appraiser's Office. If final verification of substantial completion and approval are given by the Miami-Dade County Property Appraiser's Office, the exemption shall take effect on the January 1st following substantial completion of the improvements. PASSED and ADOPTED this-----day of _________ ,, 2012. ATTEST: CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION: ~N-i}o~rz, DA E T:IAGENDA\201215-9-1211815 Michigan Ave_SF Ad Valorem Tax Exemption_Reso rev.doc 5 143 MAYOR THIS PAGE INTENTIONALLY LEFT BLANK 144 COMMISSION ITEM SUMMARY Condensed Title: Resolution: Approval of a Preconstruction Application for Historic Ad Valorem Tax Exemption for the Sin le-Famil Pro ert at 4245 North Meridian Avenue. Key Intended Outcome Supported: Designation and retention of historically significant properties. Supporting Data (Surveys, Environmental Scan, etc.): In the 2009 Survey, all respondents were asked to indicate if they felt the effort put forth by the City of Miami Beach on historic preservation was oo little, too much or about the right amount. 77.1% of respondents reported that the effort put forth by the City of Miami Beach on historic preservation is "about the right amount." Issue: The Administration is requesting that the Mayor and City Commission consider the proposed resolution, which would approve a Preconstruction Application for Historic Ad Valorem Tax Exemption for a single- family property located at 4245 North Meridian Avenue. Item Summary/Recommendation: The Administration recommends approval of the resolution. Advisory Board Recommendation: On February 14, 2012, the City's Historic Preservation Board held a public hearing and voted to approve the individual designation of the single-family residence at 4245 North Meridian Avenue as an historic structure; and At the same public hearing, the Historic Preservation Board reviewed and approved the proposed improvements to the subject single-family property and granted a Certificate of Appropriateness, subject to certain conditions indicated in the Final Order of the Board At the same public hearing, the Historic Preservation Board held a public hearing and voted in favor of recommending that the Mayor and City Commission approve a Preconstruction Application for Historic Ad Valorem Tax Exemption for qualifying improvements to the historically designated single-family property at 4245 North Meridian Avenue. Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: Clerk's Office le islative Trackin : William H. Cary, Assistant Planning Director; Debbie Tackett, Senior Planner. MIAMlBEACH 145 AGENDA ITEM _L_7___;:E=--- DATE S-'1-/L MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager c:r . / May 9, 2012 0 U A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A PRECONSTRUCTION APPLICATION FOR HISTORIC AD VALOREM TAX EXEMPTION FOR A SINGLE-FAMILY PROPERTY AT 4245 NORTH MERIDIAN AVENUE, AND AUTHORIZING THE MIAMI-DADE COUNTY PROPERTY APPRAISER'S OFFICE TO GRANT THIS TAX EXEMPTION FOR THE CITY'S PORTION OF AD VALOREM PROPERTY TAXES FOR QUALIFYING IMPROVEMENTS TO THE SUBJECT PROPERTY FOLLOWING SUBSTANTIAL COMPLETION OF THE PROJECT AND COMPLIANCE WITH CERTAIN CONDITIONS. ADMINISTRATION RECOMMENDATION The Administration is requesting that the Mayor and City Commission adopt the proposed resolution, thereby approving a Preconstruction Application for Historic Ad Valorem Tax Exemption for a single-family property located at 4245 North Meridian Avenue. HISTORIC SINGLE-FAMILY AD VALOREM TAX EXEMPTION On December 8, 2004, the City of Miami Beach enacted legislation that authorizes an exemption for its portion of ad valorem taxes for improvements to historically designated single-family homes (Sections 118-600 to 118-612 of the Miami Beach City Code). This legislation allows for the City's portion of property taxes to be "frozen" at the rate they were assessed before qualifying improvements are made to an historic single-family home for a period of ten (1 0) years. The "freezing" is accomplished by removing from the assessment the incremental value added by the qualifying improvements. Only the incremental value of the qualifying improvements shall be "frozen" for the ten year period. Qualifying improvements are the result of restoration, renovation, rehabilitation and/or compatible additions to an historic single-family property. In order for an improvement to qualify for an exemption, the improvement must be determined by the Historic Preservation Board and City Commission to be consistent with the Secretary of the Interior's Standards for Rehabilitation and the Certificate of Appropriateness Criteria in Section 118-564 of the Miami Beach City Code. However, the Miami-Dade County 146 Commission Memorandum of May 9, 2012 Historic Single-Family Ad Valorem Tax Exemption 4245 North Meridian Avenue Page 2 of5 Property Appraiser's Office will make the final determination of whether an improvement qualifies for an exemption. The application for Historic Ad Valorem Tax Exemption is a two step process. The "Part 1 -Preconstruction Application" is normally submitted to the Planning Department prior to any construction or demolition for an eligible single-family property. The "Part 2 - Review of Completed Work" is submitted to the Planning Department upon substantial completion of the project. Upon submittal of a completed Part 1 -Preconstruction Application, the Planning Department will schedule the request for approval of Historic Ad Valorem Tax Exemption from the Historic Preservation Board at their next regularly scheduled meeting. The Board will review and make a recommendation to the City Commission to grant or deny an application for tax exemption. The Planning Department will transmit the request for approval of Historic Ad Valorem Tax Exemption, together with the Part 1 -Preconstruction Application and the recommendations of the Historic Preservation Board and staff, for final consideration by the City Commission at a regularly scheduled meeting. A majority vote of the City Commission is required to approve an application for tax exemption. For final approval of an Historic Ad Valorem Tax Exemption, the applicant must submit to the Planning Department the Part 2-Review of Completed Work upon substantial completion of the project. A review will be conducted by Planning Department staff to determine whether or not the completed improvements are in compliance with the work approved by the City Commission in the Part 1 -Preconstruction Application. To qualify for a tax exemption, the property owner is required to enter into a covenant or agreement with the City guaranteeing that the character of the property and its qualifying improvements will be maintained during the period that the exemption is granted. LEGAL DESCRIPTION Lot 38 in Block 8 of Nautilus Addition, according to the Plat thereof, as recorded in Plat Book 8 at Page 130 of the Public Records of Miami-Dade County, Florida. EXISTING STRUCTURE The house located at 4245 North Meridian Avenue was built in 1945 and designed by well-known Miami Beach architect Albert Anis (see Biography following) in Postwar Modern style of architecture. It is a modest, one-story CBS residence with attached garage, facing west onto North Meridian Avenue, with the Biscayne Waterway at the rear of the lot. Two sheets of original plans were found on microfilm #20262 at the Miami Beach Building Department, showing all four elevations, and a less-legible floor plan. Additional information is provided by the Building Permit Card. No archival photographs of the house have yet been found. The original design of the house remains largely intact, except for some alterations to the front entrance. The most striking feature of the house is its full-width front gable roof, with an original cast stone medallion at its peak. The projecting garage on the left also has a front gable, balanced on the right by a slightly larger, non-projecting faux gable set 147 Commission Memorandum of May 9, 2012 Historic Single-Family Ad Valorem Tax Exemption 4245 North Meridian Avenue Page 3 of5 into the front fa<;ade. Although multiple gables are characteristic of the Mediterranean Revival style, instead of red clay barrel tile, here they are of flat composite tile, as shown on the plans. A window below the faux gable is seen on the plans as a double casement, with what appears to be brick trim and a hood or awning above. The plans show the garage door as having nine square panels, and a scalloped trim above. To the left of the garage, a low wall still remains, that originally had a gate leading to the back yard. The front entrance is set into a recessed porch that is slightly offset to the left of center. On the original plans, a brick and tile terrace stepped up to the porch, and two low walls of perforated masonry stood to either side. The front door of the house was centered within the porch, and appears to be flanked by casement windows. A door to the garage opened onto the left side of the porch. Small scallops at the upper corners of the porch opening were a charming detail. Another original feature that still survives is a decorative niche set into the south elevation of the garage, with brick edging, a scalloped contour and three offset shelves. Another interesting feature on the plans are solar water heater panels on the south slope of the roof at the rear of the house. Later alterations to the entry moved the front door to the right and added a sash window to the left. The masonry walls were removed and a curved walkway with a metal railing now leads to the door. Above the entry, a large overhanging roof of irregular contour and supported by one pole column was probably added in 1991, as noted on the Building Card. A swimming pool was added in the rear yard in 1999. BACKGROUND At its February 14, 2012 meeting, the Historic Preservation Board approved a request by the owner for the individual designation of the single-family property at 4245 North Meridian Avenue as an historic structure. At the same meeting, the Historic Preservation Board reviewed and approved a request for a Certificate of Appropriateness for the partial demolition, renovation and restoration of the existing home and the construction of a new addition. At the same meeting, the Historic Preservation Board held a public hearing and voted in favor of recommending that the Mayor and City Commission approve a Preconstruction Application for Historic Ad Valorem Tax Exemption for qualifying improvements to the historically designated single-family property at 4245 North Meridian Avenue. SCOPE OF PROJECT The applicant is requesting City Commission approval of an application for Historic Ad Valorem Tax Exemption for the single-family property at 4245 North Meridian Avenue. In brief, the project includes the improvements to the historic residence and site indicated below. A. Exterior Architectural Features 1. All existing windows will be replaced with historically appropriate hurricane impact resistant, energy efficient windows according to available historical documentation. 2. The existing flat tile roof which is failing will be replaced with a new flat tile 148 Commission Memorandum of May 9, 2012 Historic Single-Family Ad Valorem Tax Exemption 4245 North Meridian Avenue Page 4 of5 roof. 3. The existing non-original, flat concrete roof entry feature, which is currently causing water intrusion, will be replaced with a new entry feature to match the historical configuration. 4. The original one car garage which is currently very narrow will be expanded by moving the south wall of the garage two feet. 5. A two-story rear addition that maintains the original west (front) elevation in its entirety will be constructed. Starting approximately 20 feet west of the front of the house, the entire structure will be demolished. The proposed new square footage is as follows: a. Ground floor-1 ,040 square feet, which contains a family room, dining room, kitchen and breakfast room. b. Second floor-1,371 square feet, which includes a new master bedroom suite, two bedrooms, a loft space and additional bathroom. 6. The existing house will be brought into compliance with current building codes. All Mechanical, Electrical and Plumbing systems will be replaced with new code compliant systems. FISCAL IMPACT According to the applicant, the estimated cost of the entire project is $253,718 and the value of the proposed qualifying improvements for the subject single-family property is $188,061. The project commencement date is scheduled for March 2012 and the estimated project completion date is March 2013. Please note that the revenue implication calculation provided below is a rough approximation. It assumes that the Miami-Dade County Property Appraiser's Office will not reduce the actual square footage of the additions to adjusted square footage. It assumes that the City's millage rate, the building market value, as well as the building class and grade value will remain the same. It is also based solely on the estimated value of the new additions and not to any repairs to the historic residence. The Miami-Dade County Property Appraiser's Office determined in 2011 that the subject property has an adjusted square footage of 2,126 and a building value of $300,437. The lot size is approximately 9,485 square feet with a land value of $383,480. The Property Appraiser's Office advised that the subject property has an effective building value per adjusted square foot of $141 which is based upon its building class and grade. According to the applicant, approximately 2,411 square feet of qualifying building additions will be added to the site. Then the estimated value of the proposed increase in qualifying square footage only, would be $340,712. This figure does not include any other qualifying improvements that the County Tax Appraiser may determine to add value to the property. The County Tax Appraiser may determine certain improvements to the existing structure to be maintenance and therefore not adding 149 Commission Memorandum of May 9, 2012 Historic Single-Family Ad Valorem Tax Exemption 4245 North Meridian Avenue Page 5 of5 building value to the property. In FY 2010/11, the adopted millage rate for the City of Miami Beach is 6.2155. For the sole purpose of providing an estimated savings to the property owner (based on solely on the square footage of qualifying additions), we will assume there will be no change in millage rate over the ten year period in which the exemption is granted. When using the estimated 6.2155 millage rate for FY 20010/11, the applicant will save annually approximately $2,118 from Miami Beach's portion of property taxes. Again, this calculation is a rough estimate of the revenue implication to the City due to many variables. Since the City of Miami Beach enacted legislation that authorizes an exemption for its portion of ad valorem taxes for improvements to historically designated single-family homes on December 8, 2004, a total of sixteen (16) historic single family home owners have applied for the exemption. As of the date of this memo, a total of five (5) applications have been finalized and processed by the Miami-Dade County Tax Appraiser for a total yearly exemption of $31 ,398 from the city's portion of the taxes (this number is based on the 2010/2011 millage rate). ANALYISIS The applicant is to be greatly commended for the retention and sensitive restoration of the subject home. In accordance with Section 118-604 of the Miami Beach City Code, an eligible single-family property must file a written application for Historic Ad Valorem Tax Exemption with the Planning Department prior to any construction or demolition. The tax exemption ordinance was adopted by the City Commission on December 8, 2004. The subject single-family property was determined to be an Historic Structure by the Historic Preservation Board on February 14, 2012. Thereby, the subject single- family property is eligible to apply for an Historic Ad Valorem Tax Exemption. RECOMMENDATION In view of the foregoing analysis, and consistency with the Secretary of the Interior's Standards for Rehabilitation and the Certificate of Appropriateness Criteria in Section 118-564 of the Miami Beach City Code, staff recommends in favor of the application for Miami Beach Historic Ad Valorem Tax Exemption for the single-family residence at 4245 North Meridian Avenue. lL S)£ JMG:JGG:RGL:WHC151f 'V T:IAGENDA\201215-9-1214245 North Meridian Ave_ Tax Exemp_Memo.doc 150 RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A PRECONSTRUCTION APPLICATION FOR HISTORIC AD VALOREM TAX EXEMPTION FOR A SINGLE-FAMILY PROPERTY AT 4245 NORTH MERIDIAN AVENUE, AND AUTHORIZING THE MIAMI-DADE COUNTY PROPERTY APPRAISER'S OFFICE TO GRANT THIS TAX EXEMPTION FOR THE CITY'S PORTION OF AD VALOREM PROPERTY TAXES FOR QUALIFYING IMPROVEMENTS TO THE SUBJECT PROPERTY FOLLOWING SUBSTANTIAL COMPLETION OF THE PROJECT AND COMPLIANCE WITH CERTAIN CONDITIONS. WHEREAS, the Mayor and City Commission have deemed it in the best interest and welfare of the City of Miami Beach ("City") to provide financial incentives for the retention and rehabilitation of architecturally and historically significant single-family homes in Miami Beach; and WHEREAS, on December 8, 2004, the Miami Beach City Commission adopted Ordinance No. 2004-3469 that authorizes an exemption for the City's portion of ad valorem taxes if qualifying improvements are made to historically designated single-family homes; and WHEREAS, Sergio D. George, the owner of real property located at 4245 North Meridian Avenue (Lot 38 in Block 8 of Nautilus Addition, according to the Plat thereof, as recorded in Plat Book 8 at Page 130 of the Public Records of Miami-Dade County, Florida), submitted requests to the City's Planning Department for the following: a) designation of the property as an historic structure, b) a Certificate of Appropriateness, and c) an Historic Ad Valorem Tax Exemption for the subject property; and WHEREAS, on February 14, 2012, the City's Historic Preservation Board held a public hearing and voted unanimously (7 to 0) to approve the individual designation of the single-family residence at 4245 North Meridian Avenue as an historic structure [Exhibit "A"]; and WHEREAS, at the same public hearing, the Historic Preservation Board reviewed and approved the proposed improvements to the subject single-family property and granted a Certificate of Appropriateness, subject to certain conditions indicated in the Final Order of the Board [Exhibit "B"]; and WHEREAS, at the same public hearing, the Historic Preservation Board voted in favor of recommending that the Mayor and City Commission approve a Preconstruction Application for Historic Ad Valorem Tax Exemption for qualifying improvements to the historically designated single-family property at 4245 North Meridian Avenue [Exhibit "C"]; and WHEREAS, the Historic Preservation Board has certified that the subject single-family property for which an exemption is requested is eligible and satisfies Section 118-602(a) of the Miami Beach City Code; and WHEREAS, the Historic Preservation Board has determined that the proposed improvements to the subject single-family property are consistent with the Secretary of the 151 Interior's Standards for Rehabilitation and the Certificate of Appropriateness criteria in Section 118-564 of the Miami Beach City Code, in accordance with Section 118-602(b); and WHEREAS, the City's Planning Department has recommended that this request for a tax exemption for the subject single-family property be granted, subject to all of the conditions set forth herein and the Historic Preservation Board Order [Exhibit "B"]. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a Preconstruction Application for Historic Ad Valorem Tax Exemption for the subject single-family property at 4245 North Meridian Avenue be approved, subject to the conditions of the Historic Preservation Board Order (Exhibit "B") and the following conditions: 1. Scope of Tax Exemption. The exemption shall apply to one hundred (1 00) percent of the assessed value of all qualifying improvements to the single-family property that result from restoration, renovation, rehabilitation, and/or compatible additions. The exemption applies only to taxes levied by the City. The exemption does not apply to taxes levied for the payment of bonds or to taxes authorized by a vote of the electors pursuant to the Miami Beach City Code or the Florida Constitution. The exemption does not apply to personal property or to properties located within a community redevelopment area. The Miami-Dade County Property Appraiser's Office will make the final determination of whether an improvement qualifies for an exemption. 2. Approved Qualifying Improvements. The qualifying improvements to the subject single- family property delineated below are considered to be eligible for the tax exemption, as submitted to and approved by the City's Historic Preservation Board. a. All existing windows will be replaced with historically appropriate hurricane impact resistant, energy efficient windows according to available historical documentation. b. The existing flat tile roof which is failing will be replaced with a new flat tile roof. c. The existing non-original, flat concrete roof entry feature, which is currently causing water intrusion, will be replaced with a new entry feature to match the historical configuration. d. The original one car garage which is currently very narrow will be expanded by moving the south wall of the garage two feet. e. A two-story rear addition that maintains the original west (front) elevation in its entirety will be constructed. Starting approximately 20 feet west of the front of the house, the entire structure will be demolished. The proposed new square footage is as follows: i. Ground floor-1,040 square feet, which contains a family room, dining room, kitchen and breakfast room. ii. Second floor-1,371 square feet, which includes a new master bedroom suite, two bedrooms, a loft space and additional bathroom. f. The existing house will be brought into compliance with current building codes. 2 152 All Mechanical, Electrical and Plumbing systems will be replaced with new code compliant systems. 3. Duration of Tax Exemption. The exemption shall take effect on the January 151 following substantial completion of the improvements. The exemption shall remain in effect for ten ( 1 0) years. The duration of ten ( 1 0) years shall continue regardless of any change in the authority of the City to grant such exemptions or any changes in ownership of the property. 4. Required Covenant. The property owner shall enter into a covenant with the City for the term for which the exemption is granted. The covenant shall be form approved by the City Attorney and shall require that the character of the property, and the qualifying improvements to the property, be maintained during the period that the exemption is granted. Before the effective date of the exemption, the owner of the property shall have the covenant recorded in the official records of Miami-Dade County, Florida. The covenant shall be binding on the current property owner, transferees, and their heirs, successors, and assigns. Violation of the covenant shall result in the property owner being required to pay the differences between the total amount of taxes which would have been due in March in each of the previous years in which the covenant was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in F.S. § 212.12(3). 5. Building Permit Plans and Construction. Building permit plans must accurately reflect all improvements approved by the Historic Preservation Board and City Commission in the Preconstruction Application and architectural drawings for the single-family property. All work on site must be in accordance with the building permit plans. 6. Amendments. All proposed amendments to the approved application and permit plans must be reviewed and approved prior to the completion of the improvements. Minor amendments to permit plans may be approved by the Planning Department provided such amendments are consistent with the Secretary of the Interior's Standards for Rehabilitation and the Certificate of Appropriateness criteria in Section 118-564 of the Miami Beach City Code. Major amendments to the approved plans must be reviewed and approved by the Historic Preservation Board. 7. Completion of Work. An application must complete all work within 30 months following the date of approval by the city commission. An approval for ad valorem tax exemption shall expire if the building permit for the approved work is not issued within the timeframes specified under the corresponding certificate of appropriateness, or if a full building permit issued for the approved work should expire or become null and void, for any reason. The approval for ad valorem tax exemption shall be suspended if such permit is issued but the property owner has not submitted a final request for review of completed work within 30 months following the date of approval by the city commission. The Historic Preservation Board, for good cause shown, may extend the time for completion of a substantial improvement for a period not to exceed two years from the completion date in the original approval by the city commission, or such lesser time as may be prescribed by the board. 8. Review of Completed Work. The applicant shall submit a request for Review of Completed Work to the Planning Department no less than 30 calendar days prior to the 3 153 effective date of expiration of approval by the City Commission, as may be extended by the Historic Preservation Board. The Planning Department shall conduct a review to determine whether or not the completed improvements are in compliance with the work approved by the City Commission, including any approved amendments. If the Planning Department determines that the work is in compliance, the final request for Review of Completed Work shall be approved and issued in writing to the applicant. If the Planning Department determines that the work as completed is not in compliance, the applicant will be advised in writing that the final request for Review of Completed Work has been denied. A written summary of the reasons for the determination will be provided, including recommendations concerning the changes to the proposed work necessary to bring it into compliance. The applicant may file an appeal of the decision of the Planning Department within 15 days of such decision. The appeal shall be in writing and shall be to the Historic Preservation Board and shall set forth the factual and legal bases for the appeal. 9. Notice of Approval to the Property Appraiser. Upon the receipt of a certified copy of the recorded restrictive covenant, the Planning Department shall transmit a copy of the approved request for Review of Completed Work, the exemption covenant, and the resolution of the City Commission approving the final application and authorizing the tax exemption to the Miami-Dade County Property Appraiser's Office. Final verification of substantial completion of the improvements shall be determined by the Miami-Dade County Property Appraiser's Office. If final verification of substantial completion and approval are given by the Miami-Dade County Property Appraiser's Office, the exemption shall take effect on the January 1st following substantial completion of the improvements. PASSED and ADOPTED this _____ day of---------' 2012. ATTEST: CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION: T:\AGENDA\2012\5-9-12\4245 North Meridian Ave_SF Ad Valorem Tax Exemption_Reso.doc 4 154 MAYOR COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The City Manager To Execute Various Locally Funded Agreements And Memoranda Of Agreements, In Substantially The Attached Form, With The Florida Department Of Transportation, For Construction And Maintenance Of Off-System Drainage Improvements; And For Construction And Maintenance Of Landscape, Irrigation And Bonded Aggregate Paving, As Part Of FOOT's State Road 907/Aiton Road Project From 51h Street To Michigan Ave With Funding In The Amount Of $125,000.00. Key Intended Outcome Supported: Enhance mobility throuQhout 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 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: FOOT is planning to construct improvements on Alton Road/SR 907 from 51 h Street to Michigan Avenue. Construction is scheduled to begin in April 2013 and is anticipated to be completed in April2014. The Project will include roadway, sidewalk, and curb and gutter reconstruction, significant drainage improvements including construction of three (3) stormwater pump stations, decorative roadway and pedestrian lighting, landscaping, irrigation, and bonded aggregate improvements. These improvements require the execution of several Agreements listed below and attached herewith between FOOT and the City: A. Locally Funded Agreement (LFA) B. Memorandum of Agreement (MOA) C. Landscape, Irrigation, and Boded Aggregate Paving Maintenance Memorandum of Agreement (MMOA) D. Memorandum of Agreement (MOA) for Off-System Construction and Maintenance of Improvements THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Funds: 1 I I 2 3 OBPI Total Financial Impact Summary: This is a future FOOT project (FY 13/14); City's contributions are unfunded at this time and will be requested prior to FOOT project completion. n-Offs: MIAMI BEACH 155 AGENDA ITEM --..::C;..._7..:....:....F __ DATE Y-f-/2._ lD MIAMI BEACH 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: May 9, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE VARIOUS LOCALLY FUNDED AGREEMENTS AND MEMORANDA OF AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR CONSTRUCTION AND MAINTENANCE OF OFF-SYSTEM DRAINAGE IMPROVEMENTS; AND FOR CONSTRUCTION AND MAINTENANCE OF LANDSCAPE, IRRIGATION AND BONDED AGGREGATE PAVING, AS PART OF FOOT'S STATE ROAD 907/ALTON ROAD PROJECT FROM 5TH STREET TO MICHIGAN AVE WITH FUNDING IN THE AMOUNT OF $125,000.00. FUNDING This is a future FOOT project with construction beginning in FY 12/13. The City's contribution in the amount of $125,000.00 for the capital cost of the irrigation system has been requested through the FY 2013 capital budget process. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The Florida Department of Transportation (FOOT) is planning to construct improvements on Alton Road/SR 907 from 5th Street to Michigan Avenue (Project). Construction is scheduled to begin in April 2013, and construction duration is estimated to be (12) months. The Project will include roadway, sidewalk, and curb and gutter reconstruction, significant drainage improvements including construction of three (3) stormwater pump stations, decorative roadway and pedestrian lighting, landscaping, irrigation, and tree wells bonded aggregate improvements. These improvements require the execution of several Agreements listed below and attached herewith between the FOOT and the City of Miami Beach: A Locally Funded Agreement (LFA) B. Memorandum of Agreement (MOA) C. Landscape, Irrigation, and Boded Aggregate Paving Maintenance Memorandum of agreement (MMOA) D. Memorandum of Agreement (MOA) for Off-System Construction and Maintenance of Improvements Two (2) additional FOOT Agreements related to the construction of the City-owned utilities and maintenance of the three (3) proposed stormwater pump stations to be constructed as part of the future Alton Road project will be presented to the Miami Beach City Commission for consideration at a future date. 156 City Commission Memorandum -FDOT Agreements for Alton Road!S.R. 907 from 5th Street to Michigan A venue May 9, 2012 ANALYSIS The City of Miami Beach considers Alton Road to be a primary north-south arterial and important gateway corridor serving the mobility needs of residents and visitors. As such, the City has requested FOOT to include enhancements in the Project scope, which are considered over and above the standard FOOT improvements. It is important to note that FOOT typically does not include non-standard improvements and enhancements such as landscaping, irrigation, and tree wells bonded aggregate improvements in the scope of its roadway projects unless specifically requested by the municipality wherein the project is located. When such request is made, the municipality is typically responsible for the capital and maintenance costs associated with the implementation of the non-standard project improvements and enhancements as part of the FOOT project. Further, Memoranda of Agreements (MOA) and Locally Funded Agreements (LFA) are required in order to implement the non-standard improvements as part of an FOOT project. Execution of the Agreements (Attachments A -D) between FOOT and the City is required in order to implement the drainage, landscaping, irrigation, and tree wells bonded aggregate improvements along Alton Road/S.R. 907 from 5th Street to Michigan Avenue, as well as drainage improvements along the side streets. Below is a description of the purpose and need for each Agreement: Locally Funded Agreement (LFA). The City requested that landscaping and an irrigation system be installed as part of the Project. This Agreement stipulates that the City will fund the cost for installation of an irrigation system and all associated elements and that FOOT, through its contractor, will install the irrigation system along Alton Road from 5th Street to Michigan Avenue as part of the Project. Memorandum of Agreement (MOA). This Agreement creates an escrow account established by FOOT with an initial deposit in the amount of $125,000.00 funded by the City for the purpose of constructing an irrigation system on Alton Road from 5th Street to Michigan Avenue as part of the Project. Landscape, Irrigation, and Bonded Aggregate Paving Maintenance Memorandum of Agreement (MMOA). FOOT requires that the City enter into a Memorandum of Agreement (MOA) for the maintenance of the proposed landscaping, irrigation, and tree wells bonded aggregate improvements constructed as part of the Project. FOOT will install landscaping, an irrigation system, and bonded aggregate paving in accordance with the design plans, and the City will be responsible for the maintenance of said improvements. Memorandum of Agreement (MOA) for Off-System Construction and Maintenance of Improvements. This Agreement is necessary for the design, construction, construction inspection, utility work, permits, easements, and other tasks associated with improvements on roads not on the State Highway System (e.g., Alton Road side streets under the jurisdiction of City of Miami Beach). This Agreement allows FOOT to relocate City-owned utilities located on City right-of-way and to construct drainage improvements along the side streets of Alton Road, as specified in the design plans, including construction of three (3) proposed stormwater pump stations as part of the Project at the following locations: Alton Road/10th Street, Alton Road/14th Street, and West Avenue/5th Street. 157 City Commission Memorandum -FDOT Agreements for Alton Road/S.R. 907 from 5th Street to Michigan Avenue May 9, 2012 CONCLUSION The Administration has determined that the Alton Road Improvement Project is in the best interest of the City as it will address severe drainage deficiencies along Alton Road, as well as improve the aesthetics of this primary north-south arterial roadway in the City. As such, the Administration recommends that the Mayor and City Commission approve and authorize the City Manager to execute the required Agreements with FOOT. Attachments: A. Locally Funded Agreement (LFA) B. Memorandum of Agreement (MOA) C. Landscape, Irrigation, and Boded Aggregate Paving Maintenance Memorandum of Agreement (MMOA) D. Memorandum of Agreement (MOA) for Off-System Construction and Maintenance of Improvements JGG/FHB/RWS/JRG T:\AGENDA\2012\5-9-12\FDOT Agreements for Alton Road Project. MEMO.docx 158 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE VARIOUS LOCALLY FUNDED AGREEMENTS AND MEMORANDA OF AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR CONSTRUCTION AND MAINTENANCE OF OFF-SYSTEM DRAINAGE IMPROVEMENTS; AND FOR CONSTRUCTION AND MAINTENANCE OF LANDSCAPE, IRRIGATION AND BONDED AGGREGATE PAVING, AS PART OF FOOT'S STATE ROAD 907/ALTON ROAD PROJECT FROM 5TH STREET TO MICHIGAN AVENUE WITH FUNDING IN THE AMOUNT OF $125,000.00. WHEREAS, the Florida Department of Transportation (FOOT) is planning to construct certain infrastructure improvements on Alton Road/ State Road (S.R.) 907 from 51h Street to Michigan Avenue (the FOOT Project); and WHEREAS, the City has requested that FOOT include irrigation and bonded aggregate paving for tree-wells as part of the FOOT Project; and WHEREAS, FOOT is willing to design and construct an irrigation system and the bonded aggregate pavement tree-wells provided the City funds the increased costs associated with these elements; and WHEREAS, FOOT requires the City to maintain the landscaping, irrigation system, and bonded aggregate paving installed as part of the Project; and WHEREAS, the FOOT Project requires the design and construction of drainage improvements and relocation of City-owned facilities impacted by the Project and located off the State Highway System and on adjacent City streets; and WHEREAS, FOOT is requiring the City to approve and execute various Agreements, including a Locally Funded Agreement (LFA), Memoranda of Agreement (MOA), Maintenance Memorandum of Agreement (MMOA), and Utility Design Agreement which are necessary for the design and construction of said improvements as part of the FOOT Project, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approve and authorize the City Manager to execute various locally funded agreements and memoranda of agreements, in substantially the attached form, with the Florida Department Of Transportation, for construction and Maintenance of off-system drainage improvements; and for construction and maintenance of landscape, irrigation and bonded aggregate paving, as part of FOOT's State Road 907/Aiton Road Project from 51h Street to Michigan Avenue with funding in the amount of $125,000.00. PASSED AND ADOPTED THIS ___ DAY OF ____ 2012. ATTEST: ----------------~·PPROVEDASTO CITY CLERK MAYOR FORM & LANGUAGE & FOR EXECUTION d_JLC}X-s _ t-rv ,fr City Attorn~V: Date T:\AGENDA\2012\5-9-12\FDOT Agreements for Alton Road. RESO.doc 159 Attachment A LOCALLY FUNDED AGREEMENT THIS LOCALLY FUNDED AGREEMENT (hereinafter 'Agreement') is made and entered into this _ day of , 20_, between the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida, hereinafter referred to as the 'CITY', and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION a component agency of the State of Florida, hereinafter referred to as the 'DEPARTMENT'. RECITALS: WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road (S.R.) 907/Alton Road corridor within the corporate limits ofthe CITY; and WHEREAS, the CITY has requested the DEPARTMENT to install or cause to be installed an irrigation s ystem and all associated elements along S .R. 907 I Alton Road from 5th Street to Michigan A venue; and WHEREAS, the DEPARTMENT has agreed to install or cause to be installed an irrigation system and all associated elements along S.R. 907/Alton Road from 5th Street to Michigan Avenue, subject to the terms and conditions detailed in this Agreement; and WHEREAS, the CITY shall fund the increased costs, under financial project numbers 249911-1-52-02 and 249911-3-52-02, associated with the installation of the irrigation system and associated elements on S.R. 907/Alton Road, from 5th Street to Michigan Avenue, hereinafter collectively called the 'PROJECT', and as detailed in the attached Exhibit "A", "Scope of Services", which is herein incorporated by reference; and WHEREAS, the parties are authorized to enter into this Agreement pursuant to Sections 334.044(7) and 339.12 (2006), Florida Statutes, and authorize its officers to do so. Page 1 ofl2 Locally Funded Agreement between the City of Miami Beach and the Florida Department ofTransportation, Financial Project Numbers 249911-1-52-02 and 249911-3-52-02 160 NOW, THEREFORE, in consideration of the premises, the mutual covenants and other valuable considerations contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals. The Recitals to this Agreement are true and correct and are incorporated herein by reference and made a part hereof. 2. General Requirements (a) A true and correct copy of the Resolution of the CITY Commission approving this Agreement is attached hereto as Exhibit "C", 'CITY OF MIAMI BEACH RESOLUTION', and is incorporated herein by reference. (b) The CITY shall: 1. utilize the U.S. Department of Homeland Security'y E-Verify system to verify the employment eligibility of all new employees hired by the CITY during the term of the Agreement; and n. expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Agreement term. (c) The DEPARTMENT will administer and construct the PROJECT in accordance with the signed and sealed PROJECT plans and as detailed in the attached Exhibit "A", 'Scope of Services'. The DEPARTMENT will complete the PROJECT utilizing the funds provided by the CITY. Page 2 of 12 Locally Funded Agreement between the City of Miami Beach and the Florida Department of Transportation, Financial Project Numbers 249911-1-52-02 and 249911-3-52-02 161 (d) The CITY will provide funding to the DEPARTMENT, in the aggregate amount of ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS ($125,000.00), for the PROJECT, subject further to the provisions in Section 3 of this Agreement and as outlined in the attachment Exhibit "B", "Financial Summary", which is herein incorporated by reference. (e) The DEPARTMENT Contractor will not commence work on the PROJECT until CITY funding for the PROJECT is on deposit with the DEPARTMENT. (f) Upon the receipt, authorization and encumbrance of funding received from the CITY as a result of this Agreement, the DEPARTMENT Contractor will commence work on the PROJECT. 3. Financial Provisions. (a) The CITY agrees that it will, no later than the ih of October 2012, furnish the DEPARTMENT an advance deposit in the amount of ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS ($125,000.00) for full payment of the estimated PROJECT cost for Locally Funded project numbers 249911-1-52-02 and 249911-3- 52-02. The advance deposit shall be the total estimated PROJECT cost plus allowances. The DEPARTMENT may utilize this deposit for payment of the costs of the PROJECT. (b) If the accepted bid amount plus allowances is in excess ofthe advance deposit amount, the CITY will provide an additional deposit within fourteen (14) calendar days of notification from the DEPARTMENT or prior to posting of the accepted bid, whichever is earlier, so that the total deposit is equal to the bid amount plus allowances. The DEPARTMENT will notify the CITY as soon as it becomes apparent Page 3 of 12 Locally Funded Agreement between the City of Miami Beach and the Florida Department ofTransportation, Financial Project Numbers 249911-1-52-02 and 249911-3-52-02 162 the accepted bid amount, plus allowances, is in excess of the advance deposit amount. However, failure of the DEPARTMENT to so notify the CITY shall not relieve the CITY from its obligation to pay for its full participation on final accounting as provided herein below. If the CITY cannot provide the additional deposit within fourteen (14) days, a letter must be submitted to and approved by the DEPARTMENT's project manager indicating when the deposit will be made. The CITY understands the request and approval of the additional time could delay the PROJECT, and additional costs may be incurred due to a delay of the PROJECT. (c) If accepted bid amount plus allowances is less than the advance deposit amount, the DEPARTMENT will refund the amount that the advance deposit exceeds the bid amount plus allowances if such refund is requested by the CITY in writing. (d) Should PROJECT modifications or changes to bid items occur that increase the CITY's share of total PROJECT costs, the CITY will be notified by the DEPARTMENT accordingly. The CITY agrees to provide, without delay, in advance of additional work being performed, adequate funds to ensure that cash on deposit with the DEPARTMENT is sufficient to fully fund its share of the PROJECT. The DEPARTMENT shall notify the CITY as soon as it becomes apparent the actual costs will overrun the award amount. However, failure of the DEPARTMENT to so notify the CITY shall not relieve the CITY from its obligation to pay for its full participation during the PROJECT and on final accounting as provided herein below. Funds due from the CITY during the PROJECT not paid within forty ( 40) calendar days from the date of the invoice are subject to an interest charge at a rate established pursuant to Section 55.03, Florida Statutes (F.S.). Page 4 of 12 Locally Funded Agreement between the City of Miami Beach and the Florida Department a/Transportation, Financial Project Numbers 249911-1-52-02 and 249911-3-52-02 163 (e) The DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred and sixty (360) days of final payment to the Contractor. The DEPARTMENT considers the PROJECT complete when final payment has been made to the Contractor, not when the construction work is complete. All PROJECT cost records and accounts shall be subject to audit by a representative of the CITY for a period of three (3) years after final close out of the PROJECT. The CITY will be notified of the final cost Both parties agree that in the event final accounting of total PROJECT costs pursuant to the terms of this agreement is less than the total deposit to date, a refund of the excess will be made by the DEPARTMENT to the CITY. If the final accounting is not performed within three hundred and sixty (360) days, the CITY is not relieved from its obligation to pay. (f) In the event the final accounting of total PROJECT costs is greater than the total deposits to date, the CITY will pay the additional amount within forty ( 40) calendar days from the date of the invoice from the DEPARTMENT. The CITY agrees to pay interest at a rate as established pursuant to Section 55.03, F.S., on any invoice not paid within forty ( 40) calendar days until the invoice is paid. (g) The payment of funds under this Locally Funded Agreement will be made directly to the DEPARTMENT for deposit and as provided in the attached Memorandum of Agreement (MOA) between the CITY, Department and the State of Florida, Department of Financial Services, Division ofTreasury. Page 5 ofl2 Locally Funded Agreement between the City of Miami Beach and the Florida Department a/Transportation, Financial Project Numbers 249911-1-52-02 and 249911-3-52-02 164 (h) Nothing in this Agreement shall be construed to violate the provisions of Section 339.135(6)(a), Florida Statutes, which provides as follows: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year." 4. Effective Date of this Agreement. This Agreement shall become effective upon execution by the CITY and the DEPARTMENT and as of the date set forth on page one (1) hereof. 5. Provisions Separable. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part. 6. Amendment of Agreement. This Agreement may only be amended by mutual agreement of the DEPARTMENT and the CITY, expressed in writing and executed and delivered by each. Page 6 of 12 Locally Funded Agreement between the City of Miami Beach and the Florida Department ofTransportation, Financial Project Numbers 249911-1-52-02 and 249911-3-52-02 165 7. Notices. All notices, requests, demands and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given, made and received when delivered (personally, by courier service such as Federal Express, or by other messenger) against receipt or upon actual receipt of registered or certified mail, postage prepaid, return receipt requested, addressed as set forth below: (a) If to the CITY: (b) If to the DEPARTMENT: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: Richard Sal trick, P .E. Florida Department of Transportation 1000 NW 111 A venue, Room 6202B Miami, Florida 33172 Attention: Michelle L. Meaux, JP A Coordinator Any party may alter the address to which communications or copies are to be sent by giving notice of such change of address in conformity with the provisions of this paragraph for the giving of notice. 8. Entire Agreement. This Agreement, including its attached Exhibits, contain the sole and entire Agreement between the parties with respect to such subject matter and supersede any and all other prior written or oral agreements between them with respect to such subject matter. 9. Binding Effect. This Agreement shall be binding upon the parties and their respective representatives, successors and assigns. 10. Waiver. Waiver by either party of any breach of any provision of this Agreement shall not be considered as or constitute a continuing waiver or a waiver of any other breach of the same or any other provision of this Agreement. Page 7 of12 Locally Funded Agreement between the City of Miami Beach and the Florida Department a/Transportation, Financial Project Numbers 249911-1-52-02 and 249911-3-52-02 166 11. Captions. The captions contained in this Agreement are inserted only as a matter of convenience or reference and in no way define, limit, extend or describe the scope of this Agreement or the intent of any of its provisions. 12. Absence of Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to (a) confer upon any entity or person other than the parties and their permitted successors and assigns any rights or remedies under or by reason of this Agreement as a third party beneficiary or otherwise except as specifically provided in this Agreement; or (b) authorize anyone not a party to this Agreement to maintain an action pursuant to or based upon this Agreement. 13. Other Documents. The parties shall take all such actions and execute all such documents which may be reasonably necessary to carry out the purposes of this Agreement, whether or not specifically provided for in this Agreement; provided that the parties further acknowledge that certain additional actions by the CITY may require approval by the CITY Commission, and, to the extent such approval is required by applicable law, obtaining such approval shall be a condition to the obligations of the CITY under this Section. 14. Governing Law. This Agreement and the interpretation of its terms shall be governed by the laws of the State of Florida, without application of conflicts of law principles. Venue for any judicial, administrative or other action to enforce or construe any term of this Agreement or arising from or relating to this Agreement shall lie exclusively in Miami-Dade County, Florida. Page 8 of 12 Locally Funded Agreement between the City of Miami Beach and the Florida Department ofTransportation, Financial Project Numbers 249911-1-52-02 and 249911-3-52-02 167 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the day and year first above written, the CITY, signing by and through its CITY Manager, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, signing by and through its District Secretary, each duly authorized to execute same. CITY OF MIAMI BEACH: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: BY: BY: CITY MAYOR DISTRICT SECRETARY ATTEST: ATTEST: (SEAL) CITY CLERK (SEAL) EXECUTIVE SECRETARY LEGAL REVIEW: CITY ATTORNEY DISTRICT CHIEF COUNSEL APPROVED AS TO FORM & LANGUAGE AF EXECUTION f t.-~.~-~-u .,...~~"!!"'--- Page 9 of 12 Locally Funded Agreement between the City of Miami Beach and the Florida Department ofTransportation, Financial Project Numbers 249911-1-52-02 and 249911-3-52-02 168 EXHIBIT 'A' SCOPE OF SERVICES The PROJECT work consists of constructing an irrigation system and all associated elements. This shall include water taps, water meters, conduit/sleeving and backflow preventers; additionally it will include backflow preventers and lateral lines, spray heads and emitters. In addition to materials and installation, the CITY is responsible for the impact fees and water costs during construction, warranty period and beyond for irrigation within the CITY's right-of-way. The PROJECT is further defined in Attachment "AI", PROJECT plans (incorporated herein by reference). Irrigation System Locations: • From 5th Street lOth Street (MP. 0.028 to MP 0.402) • From lOth Street to 14th Street (MP. 0.474 to MP 0.721) • From 14th Street to Michigan Ave. (MP. 0.784 to MP 1.539) • At 5th Street (MP. 0.000 to MP. 0.063) • At lOth Street (MP. 0.388 to MP 0.488) • At 14th Street (MP. 0.702 to MP. 0.800) PROJECT LIMITS: S.R. 907/Alton Road from 5th Street to Michigan Avenue DEPARTMENT Financial Project Number: 249911-1-52-02 and 249911-3-52-02 COUNTY: Miami-Dade DEPARTMENT Project Manager: Daniel Iglesias, P.E. 305-470-5266 CITY Project Manager: Richard Saltrick, P.E. 305-673-7080 Ext. 6565 Page 10 of12 Locally Funded Agreement between the City of Miami Beach and the Florida Department ofTransportation, Financial Project Numbers 249911-1-52-02 and 249911-3-52-02 169 EXHIBIT 'B' FINANCIAL SUMMARY The DEPARTMENT's Work Program allocates the following funding, programmed under Financial Project Numbers 249911-1-52-02 and 249911-3-52-02, for PROJECT completion: Fiscal Year: Amount: Fund Type: 249911-1-52-02 2012/2013 $119,980.00 Local Funds (LF) 249911-3-52-02 2012/2013 $5,020.00 LF CITY OF MIAMI BEACH FINANCIAL RESPONSIBILITY: $ 125,000.00 Page 11 of12 Locally Funded Agreement between the City of Miami Beach and the Florida Department a/Transportation, Financial Project Numbers 249911-1-52-02 and 249911-3-52-02 170 EXHIBIT 'C' CITY OF MIAMI BEACH RESOLUTION To be attached hereto and incorporated herein once ratified by the CITY Commission. Page 12 ofl2 Locally Funded Agreement between the City of Miami Beach and the Florida Department ofTransportation, Financial Project Numbers 249911-1-52-02 and 249911-3-52-02 171 attachment B MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this __ , day of 20_, by and between the State of Florida, Department of Transportation, hereinafter referred to as 11 FDOT11 and the State of Florida, Department of Financial Services, Division of Treasury, hereinafter referred to as "TREASURY" and (Participant) hereinafter referred to as the 11 PARTICIPANT11 • WITNESSETH WHEREAS, FOOT is currently constructing the following project: Main Financial Project No.: 249911-1-52-02 and 249911-3-52-02 County: Miami-Dade hereinafter referred to as the 11 PROJECT 11 • WHEREAS, FOOT and the PARTICIPANT entered into a Locally Funded Agreement (LFA) dated , 20_, wherein FOOT agreed to perform certain work on behalf of the PARTICIPANT in conjunction with the PROJECT. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of FOOT and the PARTICIPANT to establish an interest bearing escrow account to provide funds for the work performed on the PROJECT on behalf of the PARTICIPANT by FOOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. An initial deposit in the amount of One Hundred Twenty Five Thousand Dollars ($125,000.00) will be made by the PARTICIPANT into an interest bearing escrow account established by FOOT for the purposes of the PROJECT. Said escrow account will be opened with the TREASURY on behalf of FOOT upon receipt of this Memorandum of Agreement. Such account will be an asset of FOOT. 2. Other deposits will be made only by the PARTICIPANT as necessary to cover the cost increases or the cost of additional work prior to the execution of any Supplemental Agreements or Amendments. 3. Payment will be made as follows (check appropriate payment method): D Wire transfer 0 ACH deposit D Check 172 A wire transfer or ACH deposit is the preferred method of payment and should be used whenever possible. Following is the wiring and ACH deposit instructions: For wire transfers: Bank of America Account # 00100906897 4 ABA # 026009593 Chief Financial Officer of Florida Re: DOT-K 11-78, Financial Project# For ACH deposits: Bank of America Account # 00100906897 4 ABA # 0631 00277 Chief Financial Officer of Florida Re: DOT - K 11-78, Financial Project# If a check is the method of payment, the check shall be made payable to the Department of Financial Services, Revenue Processing and mailed to FOOT, OOC-GAO for appropriate processing at the following address: Florida Department of Transportation OOC-GAO, LFA Section 605 Suwannee Street, MS 42B Tallahassee, Florida 32399 4. FOOT's Comptroller or designee shall be the sole signatories on the escrow account with the TREASURY and shall have sole authority to authorize withdrawals from said account. 5. Unless instructed otherwise by the FOOT, all interest accumulated in the escrow account shall remain in the account for the purposes of the PROJECT as defined in the LFA. 6. The TREASURY agrees to provide written confirmation of receipt of funds to FOOT. 7. The TREASURY further agrees to provide periodic reports to FOOT. 173 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMPTROLLER 174 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF TREASURY PARTICIPANT SIGNATURE PARTICIPANT NAME & TITLE PARTICIPANT ADDRESS FEDERAL EMPLOYER I.D. NUMBER Attachment C FLORIDA DEPARTMENT OF TRANSPORTATION LANDSCAPE, IRRIGATION AND BONDED AGGREGATE PAVING MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF MIAMI BEACH This AGREEMENT, entered into on , 20 __ , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the DEPARTMENT, and the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida, hereinafter called the CITY, and collectively referred to as the PARTIES. RECITALS: A. The DEPARTMENT has jurisdiction over State Road (S.R.) 907 /Alton Road from 5th Street (MP 0. 000) to Michigan Avenue (MP 1.539), which is located within the limits of the CITY; and B. The DEPARTMENT, pursuant to Contract # T-6290, has drafted design plans for beautification improvements on S.R. 907 /Alton Road from 5th Street to Michigan Avenue, the limits of which are described in the attached Exhibit 'A' (the PROJECT LIMITS), which by reference shall become a part of this AGREEMENT; and C. The DEPARTMENT will install landscaping, irrigation systems and bonded aggregate paving in accordance with the design plans for Contract# T-6290(the "Project"); and D. The PARTIES to this AGREEMENT mutually recognize the need for entering into an agreement designating and setting forth the responsibilities of each party with regards to the maintenance of the landscaping, irrigation systems and bonded aggregate paving installed pursuant to the Project; and E. The CITY, by Resolution No. , dated attached hereto as Exhibit 'B', which by reference shall become a part of this AGREEMENT, desires to enter into this AGREEMENT and authorizes its officers to do so. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 1 of 13 175 NOW, THEREFORE, for and in consideration of the mutual benefits contained herein and other good and valuable consideration, the parties covenant and agree as follows: 1. RECITALS The recitals in are incorporated hereof. this AGREEMENT are true and correct, herein by reference and made a 2. DEPARTMENT RESPONSIBILITIES and part The PARTIES agree that by executing this AGREEMENT all maintenance responsibilities pertaining to the landscaping and irrigation systems within the PROJECT LIMITS are assigned to the CITY in perpetuity upon the DEPARTMENT'S release of its contractor from further warranty work and responsibility, as set forth in Section 580-5 of the Departments Standard Specification for Road and Bridge Construction. Additionally, the PARTIES agree that all maintenance responsibilities pertaining to the bonded aggregate paving shall be assigned to the CITY in perpetuity upon the DEPARTMENT'S issuance of the Notice of Final Acceptance of the Project to its contractor. 3. CITY'S MAINTENANCE RESPONSIBILITIES The CITY shall maintain the landscaping, irrigation systems and bonded aggregate paving, hereinafter may also be called "Roadway Features", in accordance with all applicable DEPARTMENT guidelines, standards, and procedures, which shall include but shall not be limited to the Maintenance Rating Program Handbook, as may be amended from time to time. Additionally, the CITY shall maintain the landscaping, irrigation systems and bonded aggregate paving in accordance with the International Society of Arboriculture standards, guidelines, and procedures, as may be amended from time to time, and in accordance with the standards set forth in the Project Plans, and in the Project Specifications and Special Provisions. The CITY'S maintenance obligations shall include but not be limited to: Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 2 ofl3 176 a. Mowing/ cutting and/or trimming and edging the grass and turf. b. Pruning all plant materials/ which include trees/ shrubs and ground covers 1 and parts thereof. c. Removing and properly disposing of dead 1 diseased or otherwise deteriorated plants in their entirety 1 and replacing those that fall below the standards set forth in the Project Plans and in the Project Specifications/ incorporated herein by reference/ and all applicable Department guidelines/ standards and procedures/ as may be amended from time to time. All replacement materials shall be in accordance with the Project Plans and the Project Specifications and Special Provisions. d. Mulching all plant beds and tree rings. e. Removing and disposing of all undesirable vegetation including but not limited to weeding of plant beds and removal of invasive exotic plant materials. f. Watering and fertilizing all plants as needed to maintain the plant materials in a healthy and vigorous growing condition. g. Performing routine and regular inspection of the irrigation system ( s) to assure that the systems are fully functional; identifying damage and/or malfunctions to the system(s); repairing and/or replacing broken or missing irrigation equipment; and adjusting spray heads to eliminate overspray of water onto paved areas. h. Paying all for water use and all costs associated therewith. i. Performing routine and regular inspections of the bonded aggregate paving to ensure that the paving is fully functional; identifying damage and/or malfunctions in the paving; and repairing and/or Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 3 of13 177 replacing damaged bonded aggregate paving to ensure paving is maintained in accordance with all applicable Department guidelines, standards, and all applicable Americans with Disabilities Act (ADA) requirements, as amended from time to time. For any routine repairs or replacement due to noticeable scarring or surface deterioration of the bonded aggregate pavement, the product authorized installer should be contacted. j. Removing and disposing of litter from roadside and median strips in accordance with all applicable government rules, regulations, policies, procedures, guidelines, and manuals, as amended from time to time. k. Removing and disposing of all trimmings, roots, branches, litter, and any other debris resulting from the activities described by 2.A through 2.J. 1. Maintaining a service log of all maintenance operations that sets forth the date of the maintenance activity, the location that was maintained, and the work that was performed. m. Submitting Lane Closure Requests to the DEPARTMENT when maintenance activities will require the closure of a traffic lane in the DEPARTMENT'S right-of-way. Lane closure requests shall be submitted through the District Six Lane Closure Information System, to the DEPARTMENT'S area Permit Manager and in accordance with the District Six Lane Closure Policy, as may be amended from time to time. The DEPARTMENT may, at its sole discretion, perform periodic inspection of the Roadway Features to ensure that the CITY is performing its duties pursuant to this AGREEMENT. The Department shall share with the CITY its inspection findings, and may use those findings as the basis of its decisions regarding maintenance deficiencies, as set forth in Section 4 of this Agreement. The CITY is responsible for obtaining copies of all applicable rules, regulations, policies, procedures, guidelines, and manuals, and the Project Specification and Special Provisions, as may be amended from time to time. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 4 of 13 178 4. MAINTENANCE DEFICIENCIES If at any time it shall ·come to the attention of the DEPARTMENT that the CITY's responsibilities as established herein are not being properly accomplished pursuant to the terms of this AGREEMENT, the DEPARTMENT may, at its option, issue a written notice, in care of the CITY MANAGER, to notify the CITY of the maintenance deficiencies. From the date of receipt of the notice, the CITY shall have a period of thirty (30) calendar days, within which to correct the cited deficiency or deficiencies. Receipt is determined in accordance with Section 5 of this AGREEMENT. If said deficiencies are not period, the DEPARTMENT may, follows: corrected within this time at its option, proceed as a. Maintain the landscaping, irrigation systems and bonded aggregate paving, or a part thereof and invoice the CITY for expenses incurred; or b. Terminate this Agreement in accordance with Section 7, remove any or all landscaping, irrigation systems and bonded aggregate paving located within the PROJECT LIMITS, and charge the CITY the reasonable cost of such removal. 5. NOTICES All notices, requests, demands, consents, approvals, and other communication which are required to be served or given hereunder, shall be in writing and shall be sent by certified u.s. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To the DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6205 Miami, Florida 33172-5800 Attn: District Maintenance Engineer To the CITY: City of Miami Beach Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 5 of13 179 1700 Convention Center Drive Miami, Florida 33139 Attention: City Manager Notices shall be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. 6. REMOVAL, RELOCATION OR ADJUSTMENT OF THE LANDSCAPE, IRRIGATION SYSTEMS AND BONDED AGGREGATE PAVING a. The PARTIES agree that the Roadway Features addressed by this AGREEMENT may be removed, relocated or adjusted at any time in the future, at the DEPARTMENT'S sole discretion. In the event that the DEPARTMENT relocates or adjusts the landscaping, irrigation systems and bonded aggregate paving, the CITY'S maintenance responsibilities will survive the relocation or adjustment, as long as the materials remain within the PROJECT LIMITS. 7 . TERMINATION This AGREEMENT is subject to termination under any one of the following conditions: b. By the DEPARTMENT, if the CITY fails to perform its duties under Section 3 of this AGREEMENT, following the thirty (30) days written notice, as specified in Section 4 of this AGREEMENT. c. In accordance with Section 287.058(1) (c), Florida Statutes, the DEPARTMENT shall reserve the right to unilaterally cancel this AGREEMENT if the CITY refuses to allow public access to any or all documents, papers, letters, or other materials made or received by the CITY pertinent to this AGREEMENT which are subject to provisions of Chapter 119, of the Florida Statutes. d. If mutually agreed to by both parties, (30) days advance notice. An agreement shall be valid only if made in writing upon thirty to terminate and executed Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 6 of 13 180 with the same formalities as this AGREEMENT. 8. TERMS a. The effective date of this AGREEMENT shall commence upon execution by the PARTIES. This AGREEMENT shall continue in perpetuity or until termination as set forth in Section 7. b. For purposes of performing its duties under this AGREEMENT, the CITY shall insert the following clause into any contracts entered into by the CITY, with vendors or contractors: Vendors/Contractors: i. Shall utilize the U.S Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the vendor/contractor during the term of the AGREEMENT; and ii. Shall expressly require subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment of all new employees hired by the subcontractors during the AGREEMENT term. c. This writing embodies the en'tire agreement and understanding between the PARTIES hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. d. This AGREEMENT shall not be transferred or assigned, in whole or in part, without the prior written consent of the DEPARTMENT. e. This AGREEMENT shall be governed by and constructed in accordance with the laws of the State of Florida. Any provisions of this AGREEMENT found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions of the Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 7 ofl3 181 AGREEMENT. f. Venue for any and all connection to the performance or breach exclusively in a state Leon County, Florida. actions arising out of or in interpretation, validity, of this AGREEMENT shall lie court of proper jurisdiction in g. A modification or waiver of any of the provisions of this AGREEMENT shall be effective only if made in writing and executed with the same formality as this agreement. h. The section headings contained in this AGREEMENT are for reference purposes only and shall not affect the meaning or interpretation hereof. i. No term or provision of this AGREEMENT shall be interpreted for or against either Party because the Party or its legal representative drafted the provision. j. The DEPARTMENT is a state agency, self-insured and subject to the provisions of Section 768.28, Florida Statutes, as may be amended from time to time. Nothing in this AGREEMENT shall be deemed or otherwise interpreted as waiving the DEPARTMENT'S sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. 9. INDEMNIFICATION Subject to Section 768.28, Florida Statutes, as may be amended from time to time, the CITY shall promptly indemnify, defend, save and hold harmless the DEPARTMENT, its officers, agents, representatives and employees from any and all losses, expenses, fines, fees, taxes, assessments, penalties, costs, damages, judgments, claims, demands, liabilities, attorneys fees, (including regulatory and appellate fees) , and suits of any nature or kind whatsoever caused by, arising out of, or related to the CITY'S exercise or attempted exercise of its responsibilities as set out in this AGREEMENT, including but not limited to, any act, action, neglect or omission by Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 8 ofl3 182 the CITY 1 its officers/ agents/ employees or representatives in any way pertaining to this agreement/ whether direct or indirect/ except that neither the CITY nor any of its officers/ agents/ employees or representatives will be liable under this provision for damages arising out of injury or damages directly caused or resulting from the sole negligence of the DEPARTMENT. The CITY'S obligation to indemnify/ defend and pay for the defense of the DEPARTMENT 1 or at the DEPARTMENT'S option 1 to participate and associate with the DEPARTMENT in the defense and trial of any claim and any related settlement negotiations/ shall be triggered immediately upon the CITY'S receipt of the DEPARTMENT'S notice of claim for indemnification. The notice of claim for indemnification shall be deemed received if the DEPARTMENT sends the notice in accordance with the formal notice mailing requirements set forth in Section 5 of this AGREEMENT. The DEPARTMENT'S failure to notify the CITY of a claim shall not release the CITY of the above duty to defend and indemnify the DEPARTMENT. The CITY shall pay all costs and fees related to this obligation and its enforcement by the DEPARTMENT. The indemnification provisions of this section shall survive termination or expiration of this AGREEMENT 1 but only with respect to those claims that arose from acts or circumstances which occurred prior to termination or expiration of this AGREEMENT. The CITY'S evaluation of liability or its inability to evaluate liability shall not excuse the CITY'S duty to defend and indemnify the DEPARTMENT under the provisions of this section. Only an adjudication or judgment 1 after the highest appeal is exhausted/ specifically finding the DEPARTMENT was solely negligent shall excuse performance of this provision by the CITY. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 9 of 13 183 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. CITY OF MIAMI BEACH: BY: ____________________ ___ CITY Mayor ATTEST: __________________ (SEAL) CITY Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION: BY: ________________________ __ District Director of Transportation Operations ATTEST: __________________ __ Executive Secretary LEGAL REVIEW: BY: ________________________ _ District Chief Counsel Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 10 of13 184 EXHIBIT 'A' PROJECT LIMITS Below are the limits of the landscape/ irrigation and bonded aggregate paving to be maintained under this AGREEMENT. State Road Number: 907/Alton Road Agreement Limits: From 5th Street (M.P. 0.000) to Michigan Avenue (M.P. 1.539) County: Miami-Dade Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 11 of13 185 Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 12 ofl3 186 EXHIBIT 'B' CITY OF MIAMI BEACH RESOLUTION To be herein incorporated once ratified by the CITY Board of Commissioners. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach Page 13 of 13 187 FM 249911-3-52-01 Page 1 oflO MEMORANDUM OF AGREEMENT REGARDING Attach;:aent D OFF-SYSTEM CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS Between STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ("DEPARTMENT") and CITY OF MIAMI BEACH, a municipal corporation of the State of Florida ("CITY") This Agreement is made and entered into as of , 2012, by and through THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida (the "Department"), and CITY OF MIAMI BEACH, a municipal corporation of the State of Florida (the "City"), collectively referred to as the "Parties." RECITALS A. The State of Florida Legislature has approved the Department's Work Program and mandated the Department to complete the various projects included in the Department's Work Program; and B. Included in the Department Work Program is Project Number FM 249911-3-52-01 on S.R. 907/Alton Road, which includes work along lOth Street and 14th Street, roads not on the State Highway System located in Miami-Dade County, Florida, and collectively referred to as "the Project". The Project, along lOth Street and 14th Street, includes the installation of pump station electrical panels and platform structures, the installation of drainage structures and structures associated therewith, piping and improvement of roads associated therewith, ("the Improvements"); and C. The City is the holder of ownership rights to the roads not on the State Highway System; and D. The Parties agree that it is in the best interest of each party for the Department to undertake and to complete all aspects of the Project, including the design, construction, construction inspection, utility work, permits, easements, and other tasks associated with those improvements that are on roads not on the State Highway System; and 188 FM 249911-3-52-01 Page 2 oflO E. The parties further agree that it is in the best interest of each party to enter into this Agreement in order to allow the Department to construct and complete the Improvements and the Project. TERMS NOW THEREFORE, in consideration of the premises, the mutual covenants and other valuable considerations contained in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The recitals in this Agreement are true and correct, and are incorporated and made part of this Agreement by reference. 2. The Parties agree that the Department intends to undertake and complete the Project under project number FM 249911-3-52-01, as depicted in Exhibit A, and attached to this Agreement. The Project shall include improvements on roads not on the State Highway System, including but not limited to installation of pump station electrical panels and platform structures, the installation of drainage structures and structures associated therewith, piping and improvement of roads associated therewith, on roads not on the State Highway System, as depicted in Exhibit A, and all activities associated with, or arising out of construction of the Improvements. The City shall cooperate with and support the Department's work efforts in these regards. The Department will design and construct the Project and Improvements in accordance with all applicable federal and state laws and regulations and in accordance with Department design and construction standards as set forth in the Department's guidelines, standards, and procedures. The Department shall have final decision authority with respect to all aspects of design, construction of the Improvements, and relocation of any utilities that the Department may require. 3. The Parties acknowledge and agree that, as of the date of this Agreement, the City has reviewed the Project Design Plans ("PDP") and has submitted its comments, if any, via Electronic Reviewer Comments ("ERC"), and that the Department has addressed all of the City's comments, if any, regarding the PDP ("Review Process"). The Parties agree that the plans attached hereto as Exhibit A are the product of the Review Process, and the City authorizes the Department of Public Works to issue a permit (the "Permit") to the Department's Contractor, authorizing the Department to construct the Improvements in accordance with Exhibit A. By issuing the Permit, the City agrees that the Department may proceed to construct the Project in accordance with the Schedule of Work included in 189 FM 249911-3-52-01 Page 3 oflO Exhibit A. The City acknowledges and agrees that, during construction of the Improvements, the Department will only utilize the service of law enforcement officers when required by the Department's Standard Specifications for Road and Bridge Construction, and no additional requirements will be imposed. The City agrees that the Permit will not impose any conditions other than those included in this Agreement, and the terms of this Agreement supersede any conflicting terms in the Permit. Additionally, the City waives any permit fees that may apply to issuance of the Permit. Major modifications of the permitted plans (Exhibit A) that concern the Improvements shall be submitted to the City for review. A Major Modification is any modification that materially alters the kind or nature of the work depicted in the permitted plans (Exhibit A), or that alters the integrity or maintainability of the Improvements or its components. Major modifications of the permitted plans (Exhibit A) prior to commencement of construction, that concern the Improvements, shall be submitted to the City for review. The City will review the modifications within a reasonable time schedule, and manner, to be determined by the Department, in order to avoid delay to the Department's construction contract. In the event that any major modifications to the permitted plans are required during construction, the Department shall be entitled to proceed with the modifications that are necessary to complete the construction of the Project, and shall notify the City of the changes. The City shall modify the Permit in accordance with the plan modifications and shall accept all the major modifications that are required to duly complete the Project. It is understood and agreed that any such changes during construction shall not delay or affect the timely construction schedule of the Project. 4. The City agrees to fully cooperate with the Department in the construction, reconstruction and relocation of utilities that are located within the City's right-of-way, if any. Utility relocations, if any, which may be required by the Department for purposes of the Project, shall be done in accordance with the Department's guidelines, standards and procedures. The Department shall submit the proposed Project Utility Relocation Schedule to the City. Utility relocations, if any, shall be done in accordance with the provisions of Chapter 337, Florida Statutes. 5. The Parties acknowledges that the Federal funds will be utilized in conjunction with the Project. Additionally, the Parties acknowledge and agree that the Improvements, while located in roads not in the State Highway System, will serve S.R. 907/Alton Road as part of 190 FM 249911-3-52-01 Page 4 oflO the Project, but shall also provide a benefit to the City's stormwater overflow. The Parties have agreed that the Department shall maintain the following Improvements, along 1Oth Street and 14th Street, at its sole cost and expense: a.-36" DIP storm water force main and associated fittings b-pump station electrical panel and platform structure c-drainage dissipater structures d-concrete box culvert outfall. All subsequent operation, maintenance, reparr, replacement and rehabilitation to these Improvements shall be borne solely by the Department. It is understood and agreed that the Department's maintenance, repair, replacement and rehabilitation obligations shall continue as long as the Department determines, in its sole discretion, that the Improvements are necessary and required to remain on the City's right-of-way. In the event that the Improvements shall ever be removed by the Department from the City right-of-way, the Department's maintenance obligations under this Agreement shall immediately cease. The Department shall notify the City at least 48 hours before beginning any maintenance, repair, replacement and rehabilitation within the City's right-of-way. Such notification may be provided verbally or via email, and the notice requirements set forth in paragraph 20 shall not apply to this paragraph. However, it is understood and agreed that the notice requirement shall not apply in the event of an emergency that may require immediate repair to the Improvements, and/or to prevent further damage to the Improvements or the right-of- way. The City acknowledges and agrees that, for purposes of its maintenance responsibilities under this Agreement, the Department will only utilize the service of law enforcement officers when required by the Department's Standard Specifications for Road and Bridge Construction, and no additional requirements will be imposed. All other features constructed in conjunction with the Project, within the City's right-of- way, shall be perpetually maintained by the City, at its sole cost and expense and all subsequent operation, maintenance, repair, replacement and rehabilitation to the same shall be borne solely by the City. To maintain means to perform normal maintenance operations for the preservation of any improvements or features, which may include but are not limited to, roadway surfaces, 191 FM 249911-3-52-01 Page 5 oflO shoulders, roadside structures, drainage structures and any associated structures, and such traffic control devices as are necessary for the safe and efficient use thereof. Additionally, the Parties understand and agree that the Department shall transfer all permits, not related to the Improvements, to the City, and the City agrees to accept said transfer and to be fully responsible to comply with all operational and maintenance conditions of the permits, at its sole cost and expense. Nothing in this Agreement shall be deemed to have changed or superseded the terms of the Storm Water Pump Stations and Pollution Control Structures Maintenance Memorandum of Agreement and/or the Landscape and Irrigation Bonded Aggregate Paving Maintenance Memorandum of Agreement, entered into by the Department and the City for the maintenance of certain features of the Project and/or landscaping features in accordance with the referenced agreements between the Parties. Notwithstanding the requirements hereof, maintenance during construction shall be the responsibility of the Department and its Contractor, as set forth in paragraph 9 of this Agreement. 6. The Parties acknowledge and agree that the City's right-of-way shall remain under the ownership of the City and, except as to the Improvements, any other features or Project improvements located within City's right-of-way will remain under the ownership of the City. The Parties agree and acknowledge, however, that the Department shall retain ownership and control of the Improvements constructed and installed pursuant to this Agreement, and the City shall grant a permanent easement to the Department for purposes of the construction, installation, control, maintenance, repair and replacement of the Improvements, pursuant to the terms of this Agreement, and the City shall not impose any further requirements for such purposes. 7. The Department shall require its construction Contractor to maintain, at all times during the construction, regular Contractor's Public Liability Insurance providing for a limit of not less than $1,000,000 for all damages arising out of bodily injuries to, or death of, one person and, subject to that limit for each person, a total limit of $5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any one occurrence; and regular Contractor's Property Damage Liability Insurance providing for a limit of not less than $50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit per occurrence, a total or aggregate limit of $100,000 for all damages arising out of injury to, or destruction of, property during the 192 FM 249911-3-52-01 Page 6 oflO policy period; or such other minimum insurance coverage that may be required by the Department for construction ofthe Project, in accordance with the Department's standards and specifications. The Department shall further cause its Contractor to name the Department as additional insured on the afore-stated policies, and to name the City as additional insured on the afore-stated policies with regards to activities performed within the City's right-of-way. The Department shall also require its Contractor to provide evidence of Workers' Compensation Insurance in accordance with the laws of the State of Florida and in amounts sufficient to secure the benefit of the Florida Workers' Compensation law for all employees. 8. The Department shall notify the City at least 48 hours before beginning construction within the City's right-of-way. Such notification may be provided verbally or via email, and the notice requirements set forth in paragraph 20 shall not apply to this paragraph. The Department agrees that the City may, at reasonable times during the construction of the Improvements and with regards to the Project limits located within City right-of-way, inspect the Contractor's construction site and perform such tests as are reasonably necessary to determine whether the goods or services required to be provided by the Contractor, pursuant to the Contractor's Construction Agreement with the Department, conform to the terms of said Construction Agreement. Upon request by the City, the Department shall coordinate with its Contractor to provide access to the City for performance of said inspections. 9. Maintenance of the Improvements during construction shall be the responsibility of the Department's Contractor. Upon completion of the Project, the Department shall issue a Notice of Final Acceptance to the Contractor and shall provide a copy of said notice to the County. As ofthe date ofthe Notice of Final Acceptance, the County shall be immediately responsible for its maintenance obligations under this Agreement. The Department shall also have the right to assign interim maintenance responsibility to the County for specified portions of the Project before the issuance of the Notice of Final Acceptance. Said assignment of maintenance responsibility shall be sent by the Department to the County in writing with sufficient description to place the County on notice of the interim maintenance responsibility and shall comply with the notice requirement in paragraph 20 of this agreement. 193 FM 249911-3-52-01 Page 7 oflO Notwithstanding the issuance ofthe Notice of Final Acceptance, the Department shall have the right to assure completion of any punch list by the Contractor. Upon completion of all work related to construction of the Project, the Department shall submit to the County fmal as-built plans and an engineering certification that construction was completed in accordance with the permitted plans. Additionally, the Department shall vacate the County's right-of-way by removing the Department's property, machinery, and equipment from the County's right-of-way. Furthermore, the Department shall restore those portions of the County's right-of-way disturbed by Project construction activities to substantially the same condition that existed immediately prior to commencement of the construction of the Project. 10. This Agreement shall become effective as of the date both Parties hereto have executed the agreement and shall continue in full force and effect until the Project is completed, as evidenced by the Department's issuance ofNotice of Final Acceptance. Prior to commencement of construction, the Department may, in its sole discretion, terminate this agreement if it determines that it is in the best interest of the public to do so. If the Department elects to terminate this Agreement, the Department shall provide formal notice of termination to the City, in accordance with the provisions set forth in paragraph 22 of this Agreement. 11. In the event that any election, referendum, approval or permit, notice or other proceeding, or authorization is required to carry out the Project, the City agrees to expeditiously initiate and consummate, as provided by law, all actions necessary with respect to any such matters, with time being of the essence. 12. During the construction work related to the Project, the City shall cooperate fully with any such work being performed by the Department and the Department's contractors. The City shall not commit or permit any act which may delay or interfere with the performance of any such work by the Department or any Department contractor unless the Department agrees in writing that the City may commit or permit said act. 13. This Agreement shall be governed by the laws of the State of Florida in terms of interpretation and performance. Venue for any and all actions arising out of or in any way related to the interpretation, validity performance or breach of this Agreement shall lie exclusively in a state court of appropriate jurisdiction in Leon County, Florida 194 FM 249911-3-52-01 Page 8 oflO 14. The Parties acknowledge and agree that the Project shall be constructed using Federal funds and that all costs incurred must be in conformity with applicable Federal and State laws, regulations, and policies and procedures. 15. The Department's performance and obligations under this Agreement are contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. Project costs utilizing fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. 16. In the event that this Agreement is in excess of$25,000, and the agreement has a term for a period of more than one year, the provisions of Section §339.135(6)(a), Florida Statutes, are hereby incorporated into this agreement and are as follows: The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during any such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year. 17. The Department is a state agency, self-insured and subject to the provisions of Section 768.28, Florida Statutes. Nothing in this Agreement shall be deemed or otherwise interpreted as waiving the Department's sovereign immunity protections, or as increasing the limits ofliability as set forth in Section 768.28, Florida Statutes. 18. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this agreement. 19. This agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. Venue for any and all actions arising out of or in any way related to the interpretation, validity, performance or breach of this Agreement shall lie exclusively in a state court of appropriate jurisdiction in Leon County, Florida. 195 FM 249911-3-52-01 Page 9 oflO 20. No term or provision of this Agreement shall be interpreted for or against any party because that party's legal counsel drafted the provision. 21. All Department Vendors/Contractors: a) shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and b) shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 22. All notices, requests, demands, or other communications required or provided for under this Agreement shall be in writing and shall be delivered in one of the following manners: personally, via express mail service or mailed by first-class, certified mail, postage prepaid, return receipt requested. Any notice, request, demand, or other communication made pursuant to this paragraph shall be deemed to have been received by the addressee at the earlier of such time as is actually received or seven (7) calendar days after it is mailed. Unless otherwise notified in writing, notices shall be addressed and sent as follows: To the City: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: City Manager To the Department: Director of Transportation Operations State of Florida, Department of Transportation 1000 N.W. 111th Avenue, Miami, Florida 33172 A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this paragraph. 196 FM 249911-3-52-01 Page 10 oflO IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates exhibited, by the signatures below. CITY OF MIAMI BEACH STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: ____________________ __ By: ____________________ _ Name: Name: Title: Title: Director of Transportation Operations Dme: ____________________ _ Dme: ____________________ _ Attest: __________________ _ By: Title: Legal Review: Legal Review: <J~~ ~--~o-m-e~--\tv-"<-_-}u---rG By: ____________________ __ District VI, Office of the General Counsel 197 THIS PAGE INTENTIONALLY LEFT BLANK 198 C7 -Resolutions C?G A Resolution Setting A Public Hearing For The June 6, 2012, City Commission Meeting, To Consider Granting A Revocable Permit To Marriott Seville, As The Owner Of The Property Located At 1901 Collins Avenue, To Allow For Decorative Eyebrows To Extend 3 Feet Into And 97 Feet Radially Along The Public Right-Of-Way Of 29th Street And To Extend 3 Feet Into And 354 Feet Along The Public Right-Of-Way Of 30th Street. (Public Works) (Memorandum & Resolution to be Submitted in Supplemental) Agenda Item C 7 G- Date )-f--12- 199 THIS PAGE INTENTIONALLY LEFT BLANK 200 C7 -Resolutions C7H A Resolution Setting A Public Hearing At Its June 6, 2012 Meeting To Consider Granting A Revocable Permit For CG Tides, LLC, CG Tides Village, LLC, CG Tides Village I, LLC And CG Tides Village II, LLC; Owners Of The Properties Located At 1220 Ocean Drive And 1201, 1221 And 1225 Collins Avenue, For A Proposed Elevated, Covered Pedestrian Bridge That Spans The 20' Public Right- Of-Way Of Ocean Court For A Width Of 9'1" With A Minimum Vertical Height Of 15' Above Ocean Court. (Public Works) (Memorandum & Resolution to be Submitted in Supplemental) 201 Agenda Item C 71-1 Date ~-9--1 k THIS PAGE INTENTIONALLY LEFT BLANK 202 R5 ORDINANCES 203 COMMISSION ITEM SUMMARY Condensed Title: 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 110-191, Entitled "Payment Of Bills," By Amending 110-191 (B) By Changing The Penalty For Late Utility Bills From Ten Percent Of The Current Bill To 1.5% Per Month Of The Late Outstanding Balance ... 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: Shall the Mayor and City Commission approve an amendment to Chapter 110 of the City Code, by changing the penalty for late utility bills from 10% of the current bill to 1.5% per month of the late outstanding balance? Item Summary/Recommendation: The Administration recommends that the City Commission approve the item as recommended by the Finance and Citywide Projects Committee (F&CWP). At the July 13, 2011, City of Miami Beach Commission meeting, a discussion item regarding the reduction of a utility bill's penalty percentage was referred by Commissioner Jonah Wolfson to the F&CWPC. Presently, a one-time ten percent penalty is added to the current portion of all past due water, sewer and stormwater utility bills (utility bills). No additional interest or penalties are charged. On October 19, 2011, at a meeting of the F&CWPC, the Committee unanimously recommended removing the one-time 1 0% penalty on the current portion and instead adopted a recurring monthly charge of 1.5% on any portion of the account balance that is past due. This recommendation came after penalties and interest from other utility companies were presented. The Committee recommended charging 1.5% to be consistent with other utility companies, such as Florida Power and Light and TECO -Peoples Gas. At the December 14, 2011 City of Miami Beach Commission meeting, upon first reading, the Commission unanimously voted to remove the one-time 1 0% penalty on the current portion and instead adopt a recurring monthly charge of 1.5% on any invoice that is past due, up to a cap of 1 0% per invoice. After consultation with our EDEN Utility Billing System software provider, Tyler Technologies, the City has been informed that the proposed methodology is not available; however, other methods are available. · On April 19, 2012, at a meeting of the F&CWPC, the Committee unanimously recommended removing the one-time 1 0% penalty on the current portion and instead adopted a recurring monthly charge of 1. 5% on any portion of the account balance that is past due. The Finance and Citywide Projects Committee, at their October 19, 2011 and April 19, 2012 meeting, recommended the ro osed Ordinance be a roved b the Commission. Financial Information· Source of Amount Funds: 1 I I 2 3 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: I Patricia D. Walker Si n-Offs: Department Director POW POW T:\AGENDA\2012\05-9-12\UTB CH 110 Ordinance Penalty -Summ 2nd Reading MIAMI BEACH 205 Account JM AGENDA ITEM----- DATE S-9-tL (9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager ~ May 9, 2012 S~OJo.-iEADING AND PUBLIC HEARING 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 110-191, ENTITLED "PAYMENT OF BILLS," BY AMENDING 110-191(B) BY CHANGING THE PENALTY FOR LATE UTILITY BILLS FROM TEN PERCENT OF THE CURRENT BILL TO 1.5% PER MONTH OF THE LATE OUTSTANDING BALANCE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the item as recommended by the Finance and Citywide Projects Committee (F&CWPC). BACKGROUND At the July 13, 2011, City of Miami Beach Commission meeting, a discussion item regarding the reduction of a utility bill's penalty percentage was referred, by Commissioner Jonah Wolfson, to the Finance and Citywide Projects Committee (F&CWPC). Presently, a one-time ten percent penalty is added to the current portion of all past due water, sewer and stormwater utility bills (utility bills). No additional interest or penalties are charged. ANALYSIS On October 19, 2011, at a meeting of the F&CWPC, the Committee unanimously recommended removing the one-time 1 0% penalty on the current portion and instead adopted a recurring monthly charge of 1. 5% on any portion of the account balance that is past due. This recommendation came after penalties and interest from other utility companies were presented. The Committee recommended charging 1.5% to be consistent with other utility companies, such as Florida Power and Light and TECO -Peoples Gas. Previously, the Committee increased the days allowed for payment from 15 to 21 to be consistent with other utility companies. 206 UTB CH 100 Ordinance Revision Page 2of2 At the December 14, 2011 City of Miami Beach Commission meeting, upon first reading, the Commission unanimously voted to remove the one-time 1 0% penalty on the current portion and instead adopt a recurring monthly charge of 1.5% on any invoice that is past due, up to a cap of 1 0% per invoice. After consultation with our EDEN Utility Billing System software provider, Tyler Technologies, the City has been informed that the proposed methodology is not available; however, other methods are available. At the January 11, 2012 City of Miami Beach Commission meeting, upon second reading of the Ordinance, the Commission unanimously voted to open and continue, and refer back the item to the F&CWPC. The Commission was concerned that this item may be inadvertently incentivizing customers not to pay their utility bill, by getting an inexpensive loan. The Commission further asked for a summary of customers that were late three or more times during the past year, included below for your review. City of Miami Beach Utility Billing Customers Calendar Year 2011 u i-"JA .t'Jd#ff. w.#;, ;gdp) . . • No. of Occurances No. Penalties 3 570 4 383 5 344 6 271 7 244 8 208 9 197 10 157 11 112 12 337 2,823 On April 19, 2012, at a meeting of the F&CWPC, the Committee unanimously recommended the City remove the one-time 1 0% penalty on the current portion and instead adopted a recurring monthly charge of 1.5% on any portion of the account balance that is past due. CONCLUSION AND RECOMMENDATION The Administration recommends that the City Commission approve the item as recommended by the Finance and Citywide Projects Committee. JMG/PDW/mm T:\AGENDA\2012\05-09-12\UTB CH 110 Ordinance Penalty-Memo 2"d Reading-May 9, 2012 207 ORDINANCE NO. ______ _ 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 110-191, ENTITLED "PAYMENT OF BILLS," BY AMENDING 110-191(B) BY CHANGING THE PENALTY FOR LATE UTILITY BILLS FROM TEN PERCENT OF THE CURRENT BILL TO 1.5% PER MONTH OF THE LATE OUTSTANDING BALANCE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND EFFECTIVE DATE. WHEREAS, on July 13, 2011, the City of Miami Beach Commission referred a discussion item regarding the reduction of a utility bill's penalty percentage to the Finance And Citywide Projects Committee; and WHEREAS, presently, a one-time ten percent penalty is added to the current portion of all past due water, sewer and stormwater utility bills; and WHEREAS, on October 19, 2011, at a meeting of the Finance and Citywide Projects Committee, the Committee recommended removing the one-time ten percent penalty on the current portion and instead adopted a recurring monthly charge of 1.5% on any portion of the account balance that is past due; and WHEREAS, on January 11, 2012, the City of Miami Beach Commission referred the item back to the Finance and Citywide Projects Committee for further discussion; and WHEREAS, on April19, 2012, at a meeting of the Finance and Citywide Projects Committee, the Committee again recommended removing the one-time ten perce'nt penalty on the current portion and instead adopted a recurring monthly charge of 1.5% on any portion of the account balance that is past due; and WHEREAS, this recommendation came after the Finance and Citywide Projects Committee analyzed and compared penalties and interest from other utility companies; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1: That Chapter 110 of the City Code, Article IV, Division 3, Section 110- 191(b), of the Miami Beach City Code is hereby amended as follows: 208 Sec.110-191(b).-Payment of bills. (b) All water, sewer, and stormwater utility bills, ... , shall be paid within 21 days from the date of the bill. A tefl1.5 percent penalty shall be added to the past due balance of all water, sewer, and stormwater utility bills ... , if not paid within 21 days from the date of bill. .. A tEffi 1.5 percent penalty shall be added to the past due balance of all bills rendered ... 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 ______ , 2012, which is 10 days after adoption. PASSED and ADOPTED this _____ day of _______ , 2012. 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. :APPROVED AS TO FORM & LANGUAGE &-50R EXECUTlON d.tn \_ W\¢i~ THIS PAGE INTENTIONALLY LEFT BLANK 210 COMMISSION ITEM SUMMARY Condensed Title: A Ordinance amending Chapter 82 -Section 504 of the Miami Beach City Code entitled "Monuments or Memorials," as recommended by the members of the Neighborhoods/Community Affairs Committee (NCAC) of December 8, 2011, and approved by the City Commission on first reading at the March 21, 2012 meeting where it was also referred back to the NCAC between first and second reading for further discussion at the Committee's March 27, 2012 meeting. The recommendations of the NCAC have been incorporated accordingly. Key Intended Outcome Supported: Increase Community Satisfaction With City Government Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 75% of residents and 68% of businesses rated Miami Beach city government as excellent or good in meeting their needs and expectations. Issue: Should the City Commission accept the recommendations of the Neighborhoods/Community Affairs Committee to streamline the rocess for handlin monuments/memorials as recommended? Item Summary/Recommendation: SECOND READING PUBLIC HEARING -At the January 11, 2011, the Neighborhoods/Community Affairs Committee (NCAC) the members expressed concern about the increase of requests for memorial plaques and requested that additional procedures be developed to serve as guidelines in authorizing future requests. At the conclusion of the discussion, the Committee approved a moratorium on naming requests until draft guidelines were developed; those proposed guidelines were to return to the Committee for review, discussion and, if approved, referred to the full Commission for action. The Administration prepared a discussion of potential policies for the nomination/number of monument or memorial plaques for the December 8, 2011 NCAC meeting. This discussion . resulted in recommendations to the Commission which included: limiting Commissioners and the Mayor to one (1) monument/memorial recommendation per term of elected office; if the request comes from a third party, the cost and maintenance is the requestor's responsibility; add language to allow for the financial responsibility of the third-party requestor to be waived with a 6/7 vote of the City Commission; wording that the honoree be in good standing and if convicted/adjudicated of a felony, their name shall be removed. The Administration prepared and presented an ordinance amendment for first reading based on the Committee's recommendations. The City Commission, at the March 21, 2012 meeting, adopted the proposed ordinance on first reading, but referred the item back to the NCAC for further discussion (between first and second reading of the Ordinance.) The NCAC discussed the proposed Ordinance at its meeting on March 27, 2012, and recommended that it be brought back to the City Commission for second and final reading, with the following modifications: a) that proposals for the establishment of a monument or memorial may only be proposed by (or through) a member of the City Commission; and b) deleting the condition requiring that the "requesting party" for the establishment of a monument or memorial be responsible for all costs associated with the design, fabrication, installation, and on-going maintenance of the proposed monument and memorial. Accordingly, the Administration has incorporated the Committee's recommended changes, and submitted for adoption on second and final reading. Adviso Board Recommendation: Financial Information· Source of Amount Account Funds: 1 OBPI Total Financial Impact Summary: N/A Ci Clerk's Office le islative Trackin : Kevin Smith, Director of Parks and Recreation Si n-Offs: Department Director City Manager KS JM T:\AGENDA\2012\5-9-12\Com_. Summary-Monuments or MIAMI BEACH 211 AGENDA ITEM -UR-=S~B:'--- DATE 5"" -9-Jl- ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager cv---r::: May 9, 2012 SE~ND ~DING PUBLIC HEARING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR MEMORIALS," BY AMENDING SECTION 82-504, ENTITLED "MONUMENTS OR MEMORIALS," BY ADDING CRITERIA TO PROVIDE THAT: A) ONLY THE MAYOR OR A MEMBER OF THE CITY COMMISSION MAY PROPOSE THE ESTABLISHMENT OF A MONUMENT OR MEMORIAL; B) THE MAYOR AND CITY COMMISSIONERS SHALL EACH BE LIMITED TO PROPOSING THE ESTABLISHMENT OF ONE MONUMENT OR MEMORIAL PER TERM OF ELECTED OFFICE; C) ANY PERSON TO BE RECOGNIZED BY THE ESTABLISHMENT OF A MONUMENT OR MEMORIAL MUST BE IN GOOD STANDING IN THE COMMUNITY AND IF, AFTER THE HONOR IS BESTOWED, THE PERSON IS CONVICTED OR ADJUDICATED GUILTY OF A FELONY, THE NAME OF THE PERSON SHALL BE REMOVED FROM SUCH MONUMENT OR MEMORIAL OR THE MONUMENT OR MEMORIAL ITSELF MAY BE REMOVED, WITHOUT ANY RESULTING LIABILITY TO THE CITY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. BACKGROUND At their January 11, 2011 meeting, the Neighborhood/Community Affairs Committee held a discussion concerning the approval of a memorial in honor of a Miami Beach resident to be located on Lincoln Road. While discussing the memorial issue, the Committee members expressed concern as to the increase in requests for memorial plaques in the previous months and felt the current process would be well served to have additional procedures developed to serve as guidelines in authorizing future requests for memorial plaques. At the conclusion of the discussion, the Neighborhood/Community Affairs Committee, as a part of the motion approving the memorial under discussion, approved a moratorium on naming requests until draft guidelines to limit these requests were developed by the Administration and returned to the Committee for its review, discussion and, if approved, referred to the full Commission for action. 212 Ordinance Amendment To Chapter 82-Article VI-Naming Of Public Facilities and Naming of Monuments and Memorials- Second Reading I Public Hearing May9, 2011 City Commission Meeting ANALYSIS Based on the discussion held at the January 11, 2011 Neighborhood/Community Affairs Committee meeting, relevant information from our City Code and the review of other communities' standards, the Administration referred for discussion on March 11, 2011 to the Neighborhood/ Community Affairs Committee "Potential Policies for the Nomination/Number of Monument or Memorial Plaques." The item was heard at the Committee's December 8, 2011 meeting. At the conclusion of the extended discussion, which included both the Committee members and resident input, the following action was taken. ACTION: The Committee (Commissioners Libbin, Weithorn, and Gongora present) recommended the following to the Commission: With a vote of two to one, with Commissioner Gongora dissenting: • Limit the Mayor and each Commissioner to one (1) monument/memorial recommendation per term of elected office. • In the event the request comes from a third party, then the cost and maintenance is the requestor's responsibility. • Add language to allow for the financial responsibility of the third-party requestor to be waived with a 6/7 vote of the City Commission. With a unanimous vote: • Include recommended wording that the individual be in good standing and, if convicted/adjudicated of a felony, their name shall be removed. • Administration to add whatever language is necessary for administrative cleanup. • Streamline the process for handling monuments/memorials as recommended. o Recommendations for monuments or memorials are to be referred by the sponsoring commissioner to the appropriate Commission committee. o If the committee approves (with the required majority) the placement of a memorial plaque, that recommendation is forwarded to the full City Commission to set a public hearing. o If the committee approves a monument or a memorial that is not a plaque (e.g. a site, bust, sculpture, structure, art work), the recommendation is forwarded to the Art in Public Places Committee (AiPP) for their review and recommendation as to location, aesthetic quality, maintenance, and other related issues (in accordance with their criteria); the AiPP recommendation is subsequently forwarded to the full City Commission to set a public hearing. o At the close of the public hearing, the City Commission may approve (or disapprove of) the establishment of the monument or memorial, subject to consistency with the criteria established in the Code. • Monuments/memorials must comply with all established City policies, procedures, standards and guidelines. As directed, the Administration prepared the proposed amendment to the City of Miami Beach Code, Chapter 82, entitled "Public Property" which amends Article VI entitled "Naming Of Public Facilities and Establishment of Monuments or Memorials," by amending Section 82-504 entitled "Monuments or Memorials" as recommended by the Neighborhood/Community Affairs Committee at the December 8, 2011 meeting and presented it on first reading to the Mayor and City Commission at the March 21, 2012 meeting. At that time the City Commission adopted the 213 Ordinance Amendment To Chapter 82-Article VI-Naming Of Public Facilities and Naming of Monuments and Memorials- Second Reading I Public Hearing May9, 2011 City Commission Meeting Ordinance on first reading, but referred it back to the Neighborhoods/Community Affairs Committee for further discussion (between first and second reading of the Ordinance.) The Neighborhood/Community Affairs Committee discussed the proposed Ordinance at its meeting on March 27, 2012, and recommended that it be brought back to the City Commission for second and final reading, with the following modifications: a) that proposals for the establishment of a monument or memorial may only be proposed by (or through) a member of the City Commission; b) that the additional condition, requiring that the "requesting party" for the establishment of a monument or memorial be responsible for all costs associated with the design, fabrication, installation, and on-going maintenance of the proposed monument and memorial, be deleted. Accordingly, the Administration has incorporated the Committee's recommended changes, as set forth in the above recommendation, for consideration on adoption of the Ordinance on second and final reading. CONCLUSION The proposed amendment to Chapter 82, "Public Property," is recommended by the Neighborhoods/Community Affairs Committee for second reading and public hearing, incorporating the proposed changes discussed at the Committee meeting of March 27, 2012. JMG/HMF/KS T:\AGENDA\2012\5-9-12\Com_. Memo -Monuments or Memorials Ordinance Amendment 2nd rdg-Public Hearing 5-9-12.doc 214 ORDINANCE NO.----- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR MEMORIALS," BY AMENDING SECTION 82-504, ENTITLED "MONUMENTS OR MEMORIALS," BY ADDING CRITERIA TO PROVIDE THAT: A) ONLY THE MAYOR OR A MEMBER OF THE CITY COMMISSION MAY PROPOSE THE ESTABLISHMENT OF A MONUMENT OR MEMORIAL; B) THE MAYOR AND CITY COMMISSIONERS SHALL EACH BE LIMITED TO PROPOSING THE ESTABLISHMENT OF ONE MONUMENT OR MEMORIAL PER TERM OF ELECTED OFFICE; C) ANY PERSON TO BE RECOGNIZED BY THE ESTABLISHMENT OF A MONUMENT OR MEMORIAL MUST BE IN GOOD STANDING IN THE COMMUNITY AND IF, AFTER THE HONOR IS BESTOWED, THE PERSON IS CONVICTED OR ADJUDICATED GUILTY OF A FELONY, THE NAME OF THE PERSON SHALL BE REMOVED FROM SUCH MONUMENT OR MEMORIAL OR THE MONUMENT OR MEMORIAL ITSELF MAY BE REMOVED, WITHOUT ANY RESULTING LIABILITY TO THE CITY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, at its January 11, 2011 meeting, the Neighborhoods/Community Affairs Committee (the Committee) held a discussion concerning the approval of a memorial in honor of a Miami Beach resident, to be located on Lincoln Road; and WHEREAS, while discussing the aforestated issue, the members expressed concern as to the increase in requests for establishment of monuments and memorials, and that the current process would be well served by having additional procedures developed to serve as guidelines in authorizing future requests for the establishment of monuments and memorials; and WHEREAS, as a part of its motion approving the memorial for the Miami Beach resident, the Committee also recommended establishing a moratorium on future requests (for the establishment of monuments and memorial), until guidelines to limit these requests could be developed by the Administration and returned to the Committee for review and, if approved, referred to the full City Commission for action; and WHEREAS, as directed, the Administration prepared a subsequent referral to the Committee of proposed guidelines for the establishment of monuments or memorials; this issue was discussed at the December 8, 2011, Committee meeting; and WHEREAS, at the conclusion of the discussion, which included input from both the Committee members and residents present, the Committee recommended the following: a) that the Mayor and each City Commissioner be limited to proposing the establishment of one ( 1) monument or memorial per term of elected office; b) in the event of a request for the establishment of a monument or memorial by a 215 third party(ies), that the cost and maintenance for the monument or memorial (if approved) be the requesting party's(ies') responsibility; c) allowing for waiver of the requesting party's(ies') obligations in subsection (b) above, by 6/7ths vote of the City Commission, following a duly noticed public hearing; d) that individuals being honored with the establishment of a monument or memorial be in good standing in the community at the time of approval and, if subsequently convicted or adjudicated of a felony, that such individual's name, or the monument or memorial itself, be removed; and WHEREAS, the aforestated Committee recommendations were subsequently presented to the City Commission at its March 21, 2012, Meeting, as an ordinance amending the City's Naming Ordinance (said amendment hereinafter referred to as the "Ordinance"); and WHEREAS, the City Commission adopted the Ordinance on first reading, but referred it back to the Neighborhoods/Community Affairs Committee for further discussion (between first and second reading of the Ordinance); and WHEREAS, the Committee discussed the proposed Ordinance at its meeting on March 27, 2012, and recommended that it be brought back to the City Commission for second and final reading, with the following modifications: a) that proposals for the establishment of a monument or memorial may only be proposed by (or through) a member of the City Commission; b) that the additional condition, requiring that the "requesting party" for the establishment of a monument or memorial be responsible for all costs associated with the design, fabrication, installation, and on-going maintenance of the proposed monument and memorial, be deleted; and WHEREAS, accordingly, the Administration has incorporated the Committee's recommended changes, as set forth below, for consideration on adoption of the Ordinance on second and final reading. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Chapter 82, Article VI, Section 82-504 of the Miami Beach City Code is hereby amended as follows: Sec. 82-504. Monuments or memorials. (a) Whenever there is a proposal to establish a monument or memorial on public property in the city, it shall first be considered and reviewed by the committee according to the following procedures: (1) Any person, organization, association, corporation, or other entity, including a member of the city commission, or the administration of the city, Only the mayor or a member of the city commission may propose the establishment of a monument or memorial.:. at any time by Such proposal shall be submitted {by the 216 mayor or individual city comm1ss1oner sponsoring the subject proposal)ffi§-a proposal in writing to the city manager. who shall place the proposal on a city commission meeting agenda within a reasonable time after receiving same. The proposal shall be placed as a request for referral to the committee; which request for referral shall first be approved by the city commission. @ The establishment of a monument or memorial shall also be subject to the following requirements: §.} The mayor and each city commissioner shall be limited to proposing the establishment of one (1) monument or memorial per their respective term of elected office . .!2). Any person to be recognized by the establishment of a monument or memorial must be in good standing in the community at the time of final approval of same by the city commission and if. after the establishment of such monument or memorial. the person is subsequently convicted or adjudicated guilty of a felony, the name of the person shall be removed from said monument or memorial or. at the city commission's sole option and discretion. the monument or memorial itself may be removed. In either case. neither the city. nor any of its officers. employees. contractors. or agents. shall have any liability to the person recognized by the monument or memorial (including. without limitation. if such person is deceased. his/her heirs. relatives. successors. or assigns). and/or any other party(ies). for any costs or claims resulting from such action and including. without limitation. reimbursement of any costs incurred for design. fabrication. installation. and/or maintenance of the monument or memorial. (2) Provided the referral to the committee (of the proposal to establish the monument or memorial) is approved by the city commission pursuant to subsection (a)(1) hereof then. Wwithin a reasonable time after receipt of the proposal, the committee shall meet to consider and review same. Notice of the meeting shall be given to all persons and/or entities •t~ho have proposed the establishment of the monument or memorial. (3) After reviewing the proposal for the establishment of a monument or memorial i-A accordance V.'ith its established selection criteria. the committee may recommend. by majority vote. approval of the proposal, in which case such proposal shall be transmitted. with the committee's recommendation. as follows: the committee shall transmit a written recommendation to the city commission regarding same. @} If the committee recommends approval of a monument or memorial that only requires the placement of a commemorative plaque. the proposal and the committee's recommendation shall be transmitted directly to the city commission. 217 (b) If the committee recommends approval of a monument or memorial that requires the design. fabrication. installation. and maintenance of a monument or memorial other than a plaque (including without limitation. a site. bust, sculpture. structure. or art work). then the proposal and the committee's recommendation shall first be transmitted to the Art in Public Places Committee (AiPP). for its review as to location. aesthetic quality, maintenance. and other related issues. The AIPP's recommendation. which shall only be advisory, shall be transmitted to the city commission. along with the committee's recommendation, prior to its consideration for final approval for establishment of the proposed monument or memorial. (4) The city commission may only consider a proposal to establish a monument or memorial that has been ill recommended for approval by a majority of the members of the committee; and. if required under subsection (3)(b) hereof. (ii) reviewed by the AiPP in accordance with the criteria established in subsection (5)(b) hereof; and further (iii) that includes a written analysis by the city administration. which shall be transmitted to the city commission as part of the commission agenda item for consideration of final approval, of the estimated costs for the design. fabrication. installation. and ongoing maintenance of the proposed monument or memorial. (e) \1\lithin a reasonable time after receiving the recommendation for the establishment of a monument or memorial from the committee,the city commission shall call a public hearing. (e§.) The city commission shall hold a public hearing to hear public comment, prior to final approval for the establishment of a proposed monument or memorial. Notice of the public hearing regarding the establishment of the monument or memorial shall be published at least ten (1 0) days prior to the hearing in a newspaper of general circulation in the city. (7§) At the close of the public hearing, the city comm1ss1on may approve the establishment of the monument or memorial.:. In approving the establishment, the commission shall be go\'erned by its established selection criteria. Additionally, aAny proposal to establish a monument or memorial must be approved by a 5/7ths vote of the city commission;-.:. t8) Upon approval of the establishment of the monument or memorial, the city commission shall forv1ard the proposal to the art in public places committee. The art in public places committee will then make its recommendation to the city commission regarding the location, aesthetic quality, maintenance, and other related issues, in accordance 'Nith the its established criteria. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are herby repealed. 218 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 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-------' 2012. PASSED and ADOPTED this day of ______ , 2012. ATTEST: MATTI HERRERA BOWER, MAYOR RAFAEL E. GRANADO, CITY CLERK Underline denotes additions and strike through denotes deletions APPROVED AS TO FORM & LANGUAGE & FOtl EXECUTION F:\ATIO\AGUR\RESOS-ORD\Monuments Memorials Ordinance-Amendment (Final4-3-12).doc T:\AGENDA\2012\5-9-12\Monuments Memorials Ordinance-Amendment (Final4-3-12).doc 219 1~-~-E J .... ~~-~~?P~Y.~~P~!~ 26,_?912 ·~;·: .. NE MiamiHerald.com I THE MIAMI ~~R.~LD MIAMIS :CITY Of MIAMI BEACH • ' NOTICE Of PUBliC HEARINGS NOTICE IS HEREBY given lli~t'J~~c~nd teaplngs and public hearings will be held by the M~yor and City Commission of"fhe City of Miami Beach, Florida,'in the Commission Chambers, 3rd floor, City Hall, 170 Convention Center Drive, Mii"u#i ·Beach:fiorida, on WEDNESDAY, May 9, 2012 to consider the filllowing: ._ --·.··.. .· . 11:00a.m. · Ordinance Amending Chapter 82, .Of Ttl~-Code Of .The City Of Miami Beach, Entitled ''Public 'Pro'perty," By Amending Article VI, Entitlell "Naming etPublii:: Facilities And Establishment Of Monuments Or Memorials," By Amending ·section 82-504, Entitled "Mpnuments Or MemoriaJs," ·By :Adding Criteria To Provide: · A) :niatThe Mayor And City CommissionenL Shall Be;Limifed ..-io ;Propo$h1g The Establishment Of One Monument Or Memorial Per Term Of El_ected Office; B) Thaf'Tne i::osl{OfThe<Design, Fabrication And On-Going Maintenance For Monuments Or Memorials Shall Be The Sole Responsibility Of, And Must Be Borne By, The Requesting Organization, Group Or Individual, Unless All Or Any Portion Of This Requirement Is Waived By An Affirmative Vote Of 6/7ths Of The City Commission Following A Duly Noticed Public Hearing; And C) That Any Perspn To Be Recognized By The Establishment Of A Monument Or Memorial Must Be In Good Standing In The Community And 1f, After The Honor Is Bestowed, The Person Is Convicted Or Adjudicated Guilty Of A Felony, The Name OfThe Person Shall Be Removed From Such Monument Or Memorial Or The Monument Or Memorial Itself May Be Removed. Inquiries may be directed to the Parks and Recreation Department at (305) 673-7730- 11:05 a.m. Rooftop Small Wind Turbines . . . . :"' ·· .. · ·· An Ordinance Amending The Land Development Regulations:.-Of The Coge Of The ·City Of Miami Beach, By Amending Chapter 142 Of The City Code, "Zoning Districts Arid Regulafion!l/?. ;Article II,· "District Regtiiations," Division 2, RS-1, RS-2,:HS-3, RS-4 Single-Family.Residential Districts, S'ei:tion 142-105(e), "Height RestriGtions," By Amending The Height Regulation E~ceptions To Permit Small Roof Wind Turbines Up To :1 0 Feet Aliove The-Main RooflinetAnd Amending Article iv, "Supplementary District Regulations," Division 5, "Height Regulations," By Amel]_ding Secti9n 142:,1161 ," to Pemlit,Roof Wind Turbines SubjectTo Certain Restrictions Aiu:i:Cimditions, ' -·--· Inquiries may b~ dlrected to the Planning Department at (305) 673-7550~ .~ . -. ·-. . ) 11:10a.m; .. Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 138, Eiltifled "Signs", By Amending Article IV;·Eii1itled "Temporary Signs", By Creating- A New Section 13~_-1_ 40,Entitled "Vacant Stgrefront Screens And-Sign. · . Inquiries may be iect~d tb t~e Pi~ning Department at(30S)_ B73~75SO~. :cc 11.:30 a.m. . . . . ~· ~-. . ~.· . . .. Ah OrdinanceAillendfng Chapter 12 OfThe Miami Beach City,Code, Ent~led "Arts, Culture Ana Entertainment," By Amending Article II Thereof, Entitled "Special Events;" By Amending Section 12-5, "Special Events Permits" To Provide Clarification. ~ ·Inquiries may be directed to the Cultural Arts Department at (305) 673-2787. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1 sfFioor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. · · ·;., Rafael E. Granado, City Clerk . City of Miami Beach Pursuantto Section 286.0105, Fla. Stat., the City hereby advises the public that:if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, st1ch 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 intr-oduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed ·by law. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document OL.participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305) 673-7218 (ITY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). Ad#701 220 COMMISSION ITEM SUMMARY Condensed Title: Ordinance Amending Chapter 142 Of The City Code, "Zoning Districts And Regulations," Article II, "District Regulations," Division 2, RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts, By Amending The Height Regulation Exceptions To Permit Small Roof Wind Turbines Up To 10 Feet Above The Main Roofline; Amending Section 142-1161," To Permit Roof Wind Turbines Subject To Certain Restrictions And Conditions Key Intended Outcome Supported: Maintain strong growth management policies. 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: Should the City Commission amend the City Code to permit rooftop wind turbines to be used in single famil districts, as well as other zonin districts? Item Summary/Recommendation: SECOND READING PUBLIC HEARING Currently Section 142-1 05(e) of the Land Development Regulations does not specifically address wind turbines, and as such, they have been categorized as "mechanical equipment" and limited to five feet above the main roofline. Mechanical equipment also requires screening. In order for a small wind turbine to function properly, there needs to be some amount of clearance above the roof, especially if there is the standard 3'6" foot parapet surrounding a flat roof. Amending the code to specify rooftop wind turbines as an allowable height exception for single family homes, up to 1 0 feet above the main roofline, would permit these turbines to be installed by homeowners. This height should not have a negative effect on surrounding residential properties as long as the proper setback requirements are respected. With regard to multifamily and commercial buildings, the Code already permits similar rooftop accessory structures such as radio and cellular telephone antennas, water towers, and mechanical equipment. These may be up to 25 feet above the main roofline (with design review approval). Adding rooftop wind turbines to this list of uses would also help clarify that these are permitted, and may encourage their use for supplementary power generation. The Administration recommends that the City Commission adopt the proposed ordinance on second reading and public hearing. At its January 24, 2012 meeting, the Planning Board reviewed the proposed ordinance and by a vote of 4-0 3 members absent recommended that the Cit Commission a rove the ordinance. Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total 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 determined that there may not be a measurable impact on the City's budget by enacting the proposed ordinance. City Clerk's Office Legislative Tracking: Richard Lorber I Mercy Lamazares MIAMI BEACH 221 AGENDA ITEM R5; c._ DATE 5+12 m MIAMI BEACH ""'='" City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager ~ May 9, 2012 6 ~OND READING PUBLIC HEARING SUBJECT: ROOFTOP SMALL WIND TURBINES AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142 OF THE CITY CODE, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 2, RS-1, RS-2, RS-3, RS-4 SINGLE- FAMILY RESIDENTIAL DISTRICTS, SECTION 142-105(e), "HEIGHT RESTRICTIONS," BY AMENDING THE HEIGHT REGULATION EXCEPTIONS TO PERMIT SMALL ROOF WIND TURBINES UP TO 10 FEET ABOVE THE MAIN ROOFLINE; AND AMENDING ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 5, "HEIGHT REGULATIONS," BY AMENDING SECTION 142-11~1," TO PERMIT ROOF WIND TURBINES SUBJECT TO CERTAIN RESTRICTIONS AND CONDITIONS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the proposed . ordinance upon second reading and public hearing. BACKGROUND September 14. 2011: the City Commission had a discussion regarding a change amendment to the Land Development Regulations of the City Code to address wind turbines and referred the matter to the Land Use and Development Committee at the request of Commissioner Tobin. · September 21. 2011: the Land Use and Development Committee discussed this matter and moved to refer a proposed amendment to the LDRs to the Planning Board to consider legalization of wind turbines on rooftops in single-family homes and consider appropriate review, impact on noise and on neighborhood and consider appropriate number. October 19. 2011: the City Commission ratified this referral to the Planning Board. 222 City Commission Memorandum Small rooftop wind turbines May9, 2012 ANALYSIS Page2 Currently Section 142-105(e) of the Land Development Regulations governs the permissible heights of accessory structures on rooftops of single family homes. The Code does not specifically address wind turbines, and as such, they have been categorized as "mechanical equipment" and limited to five feet above the main roofline. Mechanical equipment also requires screening. In order for a small wind turbine to function properly, there needs to be some amount of clearance above the roof, especially if there is the standard 3'6" foot parapet surrounding a flat roof. Since the existing interpretation as mechanical equipment limits the height to 5 feet above the roofline, this will not allow effective placement of these small turbines on roofs of homes. Other rooftop structures may be permitted to reach 1 0 feet in height above the main roofline, and this height would allow for efficient operation of rooftop wind turbines. Amending the code to specify rooftop wind turbines as an allowable height exception for single family homes, up to 1 0 feet above the main roofline, would permit these turbines to be installed by homeowners. This height should not have a negative effect on surrounding residential properties as long as the proper setback requirements are respected. With regard to multifamily and commercial buildings, Section 142-1161 of the code already permits similar rooftop accessory structures such as radio and cellular telephone antennas, water towers, and mechanical equipment. These may be up to 25 feet above the main roofline (with design review approval). Adding rooftop wind turbines to this list of uses would also help clarify that these are permitted, and may encourage their use for supplementary power generation. Since the height permitted would be only 25 feet above the roofline, which would be similar in height to other permitted structures such as antennas or mechanical equipment, it would not be expected that wind turbines of this height would produce negative effects on neighboring properties, if properly engineered. Stand-alone wind turbines which require mounting on a tower are governed by existing zoning regulations for main building heights and setbacks, depending on the zoning district. No accessory use wind turbine tower could exceed the maximum allowable height of the district within which it is located, and would be subject to the same setbacks as the main building. No amendment to the code is anticipated to be required for this category. PLANNING BOARD At its January 24, 2012 meeting, the Planning Board reviewed the proposed ordinance and by a vote of 4-0 (3 members absent) recommended that the City Commission approve the ordinance with a limit of one wind turbine per property. 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 not be a measurable impact on the City's budget by enacting the proposed ordinance. 223 City Commission Memorandum Small rooftop wind turbines May9, 2012 COMMISSION ACTION Page3 At the March 21st meeting, the Commission continued First Reading of this item to the April 11th meeting for lack of a quorum to approve changes to the Land Development Regulations of the City Code. At the April 11, 2012 meeting, by a 7-0 vote, the City Commission approved the proposed ordinance on first reading. CONCLUSION The Administration recommends that the City Commission adopt the proposed ordinance upon second reading and public hearing. Pursuant to Section 118-164(3) 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. 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 to enact any amendment to these land development regulations. JMG/JGG/RGL/ML T:\AGENDA\2012\4-11-12\rooftop small wind turbines memo.docxT:\AGENDA\2012\3-21-12\rooftop small wind turbines memo.docx 224 ORDINANCE NO. _______ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142 OF THE CITY CODE, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 2, RS-1, RS-2, RS-3, RS-4 SINGLE- FAMILY RESIDENTIAL DISTRICTS, SECTION 142-105(e), "HEIGHT RESTRICTIONS," BY AMENDING THE HEIGHT REGULATION EXCEPTIONS TO PERMIT SMALL ROOF WIND TURBINES UP TO 10 FEET ABOVE THE MAIN ROOFLINE; AND AMENDING ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 5, "HEIGHT REGULATIONS," BY AMENDING SECTION 142-1161," TO PERMIT ROOF WIND TURBINES SUBJECT TO CERTAIN RESTRICTIONS AND CONDITIONS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the Land Development Regulations (LDRs) of the City Code are designed to protect and preserve the environmental quality of the City's neighborhoods and to encourage and promote compatibility with the established neighborhood context; and WHEREAS, the Mayor and City Commission place a strong emphasis on and desire to seek a more sustainable and healthier "green" environment for its residents; and WHEREAS, the Mayor and City Commission have identified as a legitimate government purpose the promotion of an environmentally friendly and sustainable environment; and WHEREAS, the Mayor and City Commission have previously adopted an ordinance providing incentives for the construction of green/LEED certified buildings; and WHEREAS, the LDRs for single-family structures contain a list of exceptions in terms of height and location not to exceed ten feet above the roofline of the structure, but do not include small wind turbines; and WHEREAS, the height exception regulations in the LDRs for all districts, except single-family districts, contain a list of items such as elevator bulkheads, air conditioners and others, but do not include small wind turbines; and WHEREAS, permitting this type of use will not create an adverse impact on the general health and welfare of the residents of the City and is consistent with the public health, safety and welfare; and WHEREAS, the amendment set forth below is necessary to accomplish all of the above objectives. 1 of4 225 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Division 2, "RS-1, RS-2, RS-3, RS-4, Single-Family Residential Districts," is hereby amended as follows: Sec. 142-105.-Development regulations and area requirements. (e) Height restriction. The height regulation exceptions contained in Section 142- 1161 shall not apply to the RS-1, 2, 3 and 4 zoning districts. The following exceptions shall apply, and unless otherwise specified in terms of height and location, shall not exceed ten feet above the roofline of the structure. In general, height exceptions that have not been developed integral to the design intent of a structure shall be located in a manner to have a minimal visual impact on predominant neighborhood view corridors as viewed from public rights-of-way and waterways. (1) Chimneys and air vents, not to exceed five feet in height. (2) Decks, not to exceed six inches above the main roofline and not exceeding a combined deck area of 50 percent of the enclosed floor area immediately one floor below. (3) Decorative structures used only for ornamental or aesthetic purposes such as spires, domes, belfries, and covered structures, which are open on all sides, and are not intended for habitation or to extend interior habitable space. Such structures shall not exceed a combined area of 20 percent of the enclosed floor area immediately one floor below. (4) Radio and television antennas. (5) Parapet walls, not to exceed three and one-half feet above the maximum permitted height. (6) Stairwell and elevator bulkheads in general shall be located to be visually recessive such that they do not become vertical extensions of exterior building elevations located directly along required setback lines. SFRRP, historic preservation board or design review board, approval as applicable, shall be required when the bulkhead's proximity to a property line is closer than 125 percent of the depth of the nearest setback yard(s). Depth shall be measured perpendicular from the property line. (7) Skylights, not to exceed five feet above the main roof line. (8) Air conditioning and mechanical equipment not to exceed five feet above the main roof line and may be required to be screened in order to ensure minimal visual impact as identified in the general section description above . .{ID Rooftop wind turbines, not to exceed 1 0 feet above the main roofline. When any of the above items are freestanding, they shall follow the height limitations of the underlying zoning district (except flag poles which are subject to section 138-72). Section 2. That Section 142-1161, "Height regulation exceptions," is hereby amended as follows: 2 of4 226 For all districts, except RS 1, 2, 3 and 4, (single-family residential districts). (a} The height regulations as prescribed in these land development regulations shall not apply to the following when located on the roof of a structure or attached to the main structure. For exceptions to the single-family residential districts, see subsection 142-1 05(d). (1) Air-conditioning, ventilation, electrical, plumbing equipment or equipment rooms. (2) Chimneys and air vents. (3) Decks, not to exceed three feet above the main roof line and not exceeding a combined deck area of 50 percent of the enclosed floor area immediately one floor below. (4) Decorative structures used only for ornamental or aesthetic purposes such as spires, domes, belfries, not intended for habitation or to extend interior habitable space. Such structures shall not exceed a combined area of 20 percent of the enclosed floor area immediately one floor below. (5) Elevator bulkheads or elevator mechanical rooms. (6) Flagpoles subject to the provisions of section 138-72 (7) Parapet walls, not to exceed 3% feet above the main roof line unless otherwise approved by the design review board up to a maximum of 25 feet in height. (8) Planters, not to exceed three feet in height above the main roof line. (9) Radio, television, and cellular telephone towers or antennas. and rooftop wind turbines. (1 0) Stairwell bulkheads. (11) Skylights, not to exceed five feet above the main roof line. (12) Stage towers or scenery lofts for theaters. (13) Swimming pools, whirlpools or similar structures, which shall have a four- foot wide walkway surrounding such structures, not to exceed five feet above the main roof line. (14) Trellis, pergolas or similar structures that have an open roof of cross rafters or latticework. ( 15) Water towers. (b) The height of all allowable items in subsection (a) of this section, unless otherwise specified, shall not exceed 25 feet above the height of the roof line of the main structure for districts that have a height restriction. In a district that does not have a height restriction, the height of any of the above items shall be determined by the design revie'A' board or joint design review board/historic preservation board, as applicable, based upon the design criteria found in chapter 118, article VI (and chapter 118, article X, if applicable), of these land de1lelopment regulations. When any of the above items are freestanding, they shall follow the height limitations of the underlying zoning district (except flag poles which are subject to section 138-72). In a district that does not have a height restriction, the height of any of the above items, when freestanding, shall be determined by the design review board (or joint design revie'l.\'/historic preservation board 1.Vhen located v;ithin a local historic district or historic site), based upon the design criteria found in chapter 118, article VI (and chapter 118, article X), as applicable) of these land development regulations. 3 of4 227 Section 2. 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 3. Codification. It is the intention of the City Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, as amended; that the sections of this Ordinance may be re- numbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 4. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 5. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of _____ 2012. ATTEST: CITY CLERK MAYOR APPROVED AS TO FORM AND LANGUAGE ~ND FOR EXECUTION ~ yj/1-Date First Reading: Second Reading: Verified By: -=--:----:---------- Richard G. Lorber, AICP Acting Planning Director Underline = new language Strik:ethroblgh = deleted language T:\AGENDA\2012\3-21-12\Small rooftop wind turbines ord.docx 4 of4 228 12NE THURSDAY, APRIL ,.,..·.··· ·cw ~3. 2012 NE MiamiHerald.com I THE M1,6.ft11 ~E~~LD C;H· ' '. ·.: :CITY Of MIAMI BEACH NOTICE Of PUBliC HEARINGS NOTICE IS HEREBY. given ·th~tf~~cbnd ·r~~dlngs and public hearings will be held by the Mayor and City Commission of the ·City of fv1larni Beacfi, Florida, 'in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, M!affii:BeachJiorida, on WEDNESDAY, May 9, 2012 to consider the following: 11:00a.m. · . . Ordinance Amending CIJapter 82, Of Thti'Code Of The City Of Miami Beach, Entitled ''Public' Property," By Amending Article Vlt Entitieil "Naming OfPublii:: Facilities And Establishment Of Monuments Or Memorials," By Amending Section 82-504, 'Entitled "Monuments Or Memorials," ·sy 'Adding Criteria To provide: A) That The .Mayor And City Commissioners Shall. Be .Limifed ·-To :proposh1g The Establishrnent Of One MonUment Or Memorial Per Term Of Elected Office; B) Thafthe Cosl$ OfThe. Design, Fabrication And On-Going Maintenance For Monuments Or Memorials Shall Be The Sole Responsibility Of, And Must Be Borne By, The Requesting Organization, Group Or Individual, Unless All Or Any Portion Of This Requirement Is Waived By An Affirmative Vote Of 6/7ths Of The City Commission Following A Duly Noticed Public Hearing; And G) That Any Person To Be Recognized By The Establishment Of A Monument Or Memorial Must Be In Good Standil')g In The Community And If, After The Honor Is Bestowed, The Person Is Convicted Or Adjudicated Guilty Of A Felony, The Name Of The Person Shall Be Removed From Such Monument Or Memorial Or The Monument Or Memorial Itself May Be Removed. Inquiries may be direCted to the Parks and Recreation Department at (305) 673-7730· 11:05 a.m. Rooftop Small Wind Turbines ··· · An Ordinance Amending The Land· Development Regulations:-Of The· Code. Of The ·City Of Miami Beach, By Amending Chapter 142 Of The City Code, "Zoning Districts Aitd Regulations," Article II, "District Regulations," Division 2, RS-1, RS-Z,:HS-3, RS-4 Single"Family Residential Districts, 'Section f42-105(e), "Height1lestrk:t!ons," By Amending The Height Regulation E.J!ceptions To Permit Small Roof Wirtd.Tlirbines Up To j 0 Feet Above'The-Main Roofline;·And Amending Article IV, "Sup~lementary District Regulations," Division 5, "Height Regulations," By Amending Section 142.: 1161," To Permit Roof Wind Turbines Subject To Certain Restrictions And 'Conditions. · · · , , Inquiries may b~directed to the Pl!mning Department at (305) 673-7550 ... ' '· .. r:; -· 11:10·a.m. ;. c~ Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter l38, Entitied "Signs", By Amending Article IV;·Entitled "Temporary Signs", By Creating- A New Section 13&~J 40, fintitled "Vacant St()refront Screens And-Sign. · "" . ~ . -··. \:..:~. Inquiries may be directed to t.he Planning Department at (305) 673-75SO.' 11:30a.m. . . .. . · .. An Ordimince Amending Chapter 12 Of The Miami Beach City. Code, Entitled "Arts, Culture Aild .Entertainment," By Amending ArtiCle II Thereof, Entitled "Special Events," By Amending Section 12-5, "Special Events Permits" To Provide Clarification. - Inquiries may be directed to the Cultural Arts Department at (305) 673-2787. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. Rafaei E. Granado, City Clerk City of Miami Beach Pursuantto Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to aiw matter considered at its meeting or its hearing, s1:1ch 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 intr-oduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.· To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or,participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305) 673-7218 (1TY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). Ad#70i 229 THIS PAGE INTENTIONALLY LEFT BLANK 230 COMMISSION ITEM SUMMARY Condensed Title: Chapter 138, Entitled "Signs", By Amending Article IV, Entitled "Temporary Signs", By Creating A New Section 138-140, Entitled "Vacant Storefront Screens And Signs" to permit the screening of the interior of vacant storefronts on a temporary basis. Key Intended Outcome Supported: Maintain strong growth management policies. 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: Should the City Commission amend the City Code to allow for temporary storefront screening and temporary real estate and construction signs incorporated into the screening material as supergraphics? Item Summary/Recommendation: SECOND READING PUBLIC HEARING The proposed ordinance is designed to permit vacant storefronts to be wrapped with attractive signage while not contravening the City's long-standing prohibition on general advertising. The Ordinance would permit full storefront window wraps on vacant ground floor commercial spaces, but would not mandate window wraps for vacant storefronts. This would be a voluntary program, and would take the form of either the City's pre-printed free of charge window wrap signage, or other non-commercial graphic window wraps, to be reviewed and approved by Design Review staff for aesthetics and appropriateness. Leasing information or "coming soon" messages could be incorporated into the window wrap signage, the text of which could equal 25% of the total window area. At the October 26, 2011 LUDC meeting, the Committee discussed this issue again and by a vote of 2-0 requested to forward to the Planning Board for its review and recommendation. The Committee also requested that the Planning Board should also comment on whether the proposed ordinance should allow such storefront window wraps without City review. The Administration recommends that the City Commission adopt the proposed ordinance on second reading and j>_Ublic hearing. Advisory Board Recommendation: At its January 24, 2012 meeting, the Planning Board reviewed the proposed ordinance and by a vote of 5-0 (2 members absent) recommended that the City Commission approve the ordinance including staff review and approval. The Board also suggested that the City vigorously promote the program and work with local area associations. Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total 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 determined that there should not be a measurable impact on the City's budget by enacting the proposed ordinance. City Clerk's Office Legislative Tracking: Richard Lorber I Mercy Lamazares C9 MIAMIBEACH 231 AGENDA ITEM -1.....1..::;.....=;_ DATE --..l"'--L-..1.-=- MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager ~ May 9, 2012 () ~OND READING PUBLIC HEARING VACANT STOREFRONT SCREENS AND SIGNS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 138, ENTITLED "SIGNS", BY AMENDING ARTICLE IV, ENTITLED "TEMPORARY SIGNS", BY CREATING A NEW SECTION 138-140, ENTITLED "VACANT STOREFRONT SCREENS AND SIGNS," PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the proposed ordinance on second reading and public hearing. BACKGROUND December 9, 2009: At the request of Commissioner Jerry Libbin a discussion to establish limited permit process allowing temporary signs on windows of vacant storefronts to generate city revenue, reduce blight, and provide economic relief to commercial property owners was referred to the Finance And Citywide Projects Committee by the City Commission. August 25, 2010: The Finance and Citywide Projects Committee asked the Administration to further explore in-window storefront advertising and referred the item to the Land Use and Development Committee (LUDC). November 22, 2010: The City Attorney's Office expressed their continued legal concerns with the proposal as it relates to the City's prohibition on general advertising, and the LUDC directed staff to bring back an ordinance which would permit "non-commercial" window wraps, in order to satisfy legal concerns, together with a proposed program of implementation for these non-commercial signs. January 31, 2011: The LUDC directed staff to drop the proposal for commercial advertising, and work exclusively on crafting a more refined "non-commercial" window wrap ordinance. However, the Committee expressed their desire to eliminate any mandatory regulation requiring window wraps for vacant storefronts, and indicated a willingness to see the text of 232 City Commission Memorandum Vacant Storefront screens and signs May9, 2012 Page2 specific real estate and construction sign language be expanded greater than the 10% contained in the original proposal. October 26. 2011: The LUDC by a 2-0 voted to forward to Planning Board two versions of the proposed ordinance, one as prepared and presented, requiring Planning Department staff review of proposed storefront window wraps, and a second version which would allow such storefront window wraps without City review. This was ratified at the December 14, 2011 City Commission meeting. ANALYSIS Attached is the final version designed to permit vacant storefronts to be wrapped with attractive signage while not contravening the City's long-standing prohibition on general advertising. The Ordinance would permit full storefront window wraps on vacant ground floor commercial spaces, but would not mandate window wraps for vacant storefronts. This would be a voluntary program, and would take the form of either the City's pre- printed free of charge window wrap signage, or other non-commercial graphic window wraps, to be reviewed and approved by Design Review staff for aesthetics and appropriateness. Leasing information or "coming soon" messages could be incorporated into the window wrap signage, the text of which could equal 25% of the total window area. This ordinance was drafted in consultation with the City Attorney's Office's outside counsel, and appears to pass muster with respect to the legal issues involved with general advertising. As requested by the Land Use and Development Committee, the Planning Board should also comment on whether the proposed ordinance should allow such storefront window wraps without City review. PLANNING BOARD At its January 24, 2012 meeting, the Planning Board reviewed the proposed ordinance and by a vote of 5-0 (2 members absent) recommended that the City Commission approve the ordinance including staff review and approval. The Board also suggested that the City vigorously promote the program and work with local area associations. 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 should not be a measurable impact on the City's budget by enacting the proposed ordinance. COMMISSION ACTION At the March 21st meeting, the Commission continued First Reading of this item to the April 11th meeting for lack of a quorum to approve changes to the Land Development Regulations of the City Code. At the April 11, 2012 meeting, by a 7-0 vote, the City Commission approved the proposed ordinance on first reading. 233 City Commission Memorandum Vacant Storefront screens and signs May9, 2012 CONCLUSION Page3 The Administration recommends that the City Commission approve the proposed ordinance on second reading and public hearing. Pursuant to Section 118-164(3) 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. 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 to enact any amendment to these land development regulations. T:\AGENDA \2012\5-9-12\vacant storefront screens and signs memo.docx 234 PROPOSED REGULATIONS FOR VACANT STOREFRONTS 138-140 (e) Temporary Signs Permitted. Material applied to windows in conformity with this seciton shall not contain general advertising signs or other prohibited signs types. Such material may contain signs that comply with the regu- lations of this Chapter, as follows: (i.) artistic or super-graphics in accordance with Section 138-204, whihc may cover 100% of the window; and (ii.) other types of signage allowed by this Chapter, including real-estate signs in accordance with Section 138-136, and construction signs in accordance with 138-133; singage under this provision may be incorporated into artistic or super- graphics as referenced in (i) above, however text of such signage shall be limited to no more than 25% of the total window area of the vacant storefront. 61" 8" ! COMING SOON 110" 16 TFRANCO'S 63" 8" !WINE CELLAR 61" 8" !OCTOBER 2012 488" (3.4sf) 1760" ( 12.2sf 504" (3.5sf) 488" (3.4sf) Total sf: 22.5sf 235 VACANT STOREFRONT SCREENS AND SIGNS ORDINANCE NO.---- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 138, ENTITLED "SIGNS", BY AMENDING ARTICLE IV, ENTITLED "TEMPORARY SIGNS", BY CREATING A NEW SECTION 138- 140, ENTITLED "VACANT STOREFRONT SCREENS AND SIGNS," PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach is concerned about the adverse effects of vacant storefronts, often displaying deteriorated or deconstructed interior space, on the economic viability of its commercial corridors, and on the high quality of the architecture and aesthetic character of the City's commercial zoning districts; and WHEREAS, the City of Miami Beach City Commission finds it is necessary to allow owners and lessees of vacant storefronts to cover these storefronts to obscure the deteriorated or deconstructed interior; and WHEREAS, the material or temporary signage used must be appropriate to the City's pedestrian environment, have a uniform appearance, and be subject to time, place and manner restrictions to advance the substantial aesthetic interests of the City, as well as protect against adverse impacts to traffic and pedestrian safety; and WHEREAS, the City of Miami Beach City Commission finds that enactment of this Ordinance is necessary to accomplish the foregoing objectives; and WHEREAS, the City of Miami Beach City Commission finds that this change to its land development regulations is consistent with its comprehensive plan. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Chapter 138, "Signs", Article IV, "Temporary Signs", Section 138-140, Entitled "Vacant Storefront Covers And Signs," of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby created as follows: Sec. 138-140. Vacant Storefront Covers And Signs. (a) Purpose. Vacant storefronts create blighted economic and social conditions contrary to the viable and healthy economic. aesthetic and social fabric that the City has cultivated and encouraged in its commercial zoning districts. The purpose of this section is to encourage and regulate the screening of the interior of vacant storefronts with aesthetically compatible and attractive material, to obscure the deteriorated or deconstructed conditions of vacant storefronts. and to allow temporary signs to be included on this material. 2l6 (b) Definition. For purposes of this section. a vacant storefront is any ground floor business establishment that is unoccupied. (c) App/icabilitv. The requirements of this section apply only to the ground floor windows and doors of vacant storefronts that face a public right-of-way. (d) Storefront Window Cover Permitted for Vacant Storefronts. Windows and doors may be completely screened with an opaque material obscuring the interior. The materials used to satisfy this requirement shall be subject to review and approval by the Planning Department design review staff. in accordance with applicable design review and historic preservation criteria. and shall consist of 60-pound weight paper. or similar opaque material. Windows covered in accordance with this section may remain covered until issuance of a certificate of use or occupancy for the new occupant. whichever occurs first. (e) Temporarv Sians Permitted. Material applied to windows in conformity with this section shall not contain general advertising signs or other prohibited sign types. Such material may contain signs that comply with the regulations of this Chapter. as follows: i. artistic or super-graphics in accordance with Section 138-204. which may cover 1 00% of the window; and ii. other types of signage allowed by this Chapter. including real estate signs in accordance with Section 138-136. and construction signs in accordance with 138-133; signage under this provision may be incorporated into artistic or super- graphics as referenced in (i) above. however text of such signage shall be limited to no more than 25% of the total window area of the vacant storefront. The design and material of all proposed signs under this section shall require review by the Planning Department design review staff. in accordance with applicable design review and historic preservation criteria. (f) Citv-provided Storefront Cover. The City may also produce and provide pre-approved storefront covers. with or without charge. to encourage the coverage of vacant storefronts. Covers provided by the City shall also satisfy the requirements of this section. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 2p7 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-------' 2012. ATTEST: CITY CLERK First Reading: Second Reading: Verified by:------------ Richard G. Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language MAYOR T:\AGENDA\2012\3-21-12\vacant storefront screens and signs ord.docx 2~8 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Date 12NE ]. THURSDAY, APRIL 26, 2012 NE ••••--·••••-:;:-••••-•••H•HHooHomom.H-oHoo, •-•·--••·-~------··--.-;,;:·::•• •••-• .lA· .·CITY OF MIAMI BEACH . · NOTICE OF-PUBLIC HEARINGS NOTICE IS HEREBY given th~tZ~~c&nil n3a,olngs ·and public hearings will be ·held by the Mayor and City Commission ofthe Clty of Miami Beach, Florida, 'in the Commission Chambers, 3rd floor, City Hall, 17-00 Convention Center Drive, M!afiji:Beach:'Florida, on WEDNESDAY,M!IY 9, 2012 to consider the following: 11:00a.m .. · · .· .. · . . • Ordinance Amending. Chapter 82, Of ThfOode Of The City Of Miami Beach, Entitled ''Public Prifperty," By Amending Article Vl 1 Enfitlea "Naming Of Public Facilities And Establishment Of Monuments Or Memorials," By Amending Section 82-504, '.Entitled "Mpnuments Or Memorials,'' •By: Adding Criteria To .Provide: A) That The Mayor And City Commissioners Shall Be limited ·cTu ,'Proposing The Establishf!letlt Of One Moniiment Or Memorial Per Term Of Elected~ OfficE!; B) ThafThe Coslf OfTiie,Des1gn, Fabrication And On-Going Maintenance For Monuments Or Memorials Shall Be The Sole Responsibility Of, And Must Be Borne By, The Requesting Organization, Group Or Individual, Unless All Or Any Portion Of This Requirement Is Waived By An Affirmative Vote Of 6/7ths Of The City Commission Following A Duly Noticed Public Hearing; And C) That Any Person To Be Recognized By The Establishment Of A Monument Or Memorial Must Be In Good StandirJQ In The Community And if, After The Honor Is Bestowed, The Person Is Convicted Or Adjudicated Guilty Of A Felony, The Name OfThe Person Shall Be Removed From Such Monument Or Memorial OrThe Monument Or Memorial Itself May Be Removed. Inquiries may be direCted to the Parks and Recreation Department at~OS) 673-7730 · 11:05 a.m. ~ ~ . . ,:~. Rooftop Small Wind Turbines . . ··· An Ordinance Amending The Land Development Regulations~ OfThe Coge Of The City Of Miami Beach, By Amending Chapter 142 Of The City Code, "Zoning DistriCts Atld ·Regulations,'!. Article II, "District Regulations," Division 2, RS-1, RS-2,:RS-3, RS-4 Single-Family.Residential Districts, Section 142·105(e), "HeightRestriGtions," By Amending The Height Regulation Ei_!peptions To-Permit Smali Roof Wind Turbines Up To :1 0 Feet Above 1he~Maln Roofline;-And Amending Article IV, "Supplementary Pistrict Regulations," Division 5, "Height Regulations," By AmeQding Section 142::1:161," To Permit Roof Wind Turbines Subject To Certain Restrictions And Conditions. · :-· Inquiries may ~~directed to the Pl~nning Department at (305).673-7550~ ~ ' ' . . . ~. .. -'· 11:10a.m. _ Ordinance Amending, The Land Development Regulations Of The Code Of The City Of Mi~rrii Beach, By Amending Chapter 138, Entitled "Signs", By Amending Article IV;Erititled "Temporary Signs", By Creating- A New Section i 3~:.140, Entitled "Vacant Stgrefront Screens And Sign. '~ " ~ -' .. ' ·--,. Inquiries riJay be dir~cted to t~e Planr'lingDepartment at (305)_ 673-75SO." 11:30 a.m. --. An Ordinance.Atnending Chapter 12 Of The Miami Beach City,Gocie, Entitled "Arts, Culture And Entertainment," By Amending Article 11 Thereof, Bltitled "Special Events;"By Amentling Section 12-5, "Special Events Permits" To Provide Clarification. - ·Inquiries may be directed to the Cultural Arts Department .at (305) 673-2787. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1sfFioor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. ,, Rafael E. Granado, City Clerk . City of Miami Beach Pursuantto Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, Stich 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 intr-oduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed -by law.· To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document oc participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305) 673-7218 (ITY) five days· in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). Ad#701 239 THIS PAGE INTENTIONALLY LEFT BLANK 240 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending Chapter 12, Article II of the Code of the City, by amending Section 12-5, "Special Events Permits," by amending the rocedures; and further amendin Section 12-5 9 , entitled "Enforcement,"; rovidin for codification, re ealer, severabili and an effective date. Key Intended Outcome Supported: Increase community ratings of cultural activities. Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey reported more than two-thirds of all resident respondents surveyed, 69.6%, reported the City is doing either a "very good" (17.5%) or "good" (52.1 %) job handling events that attract large crowds to the City. Issue: I Shall the City Commission amend Chapter 12, Article II of the City Code? Item Summary/Recommendation: SECOND READING AND PUBLIC HEARING The Administration has been drafting amendments to the Special Event Guidelines and Ordinance since late 2010. The City Commission referred the subject for further discussion to the Neighborhood! and Community Affairs Committee (NCAC) at its December 8, 2010 meeting. The NCAC met on February 3, 2011, and recommended additional changes to both the Ordinance and guidelines. Subsequently, concerns were raised with issues that occurred during the Funkshion Fashion event in March 2011. The NCAC discussed these concerns at their June 3, 2011 meeting. The NCAC requested a review of the security deposit requirements as they felt they were too low for events of this nature. Since that time, the Tourism and Cultural Development Department researched special event programs in other major cities such as New York, Chicago and Los Angeles, and drafted additional amendments to both the Ordinance and guidelines. These changes have been presented to the Production Industry Council and reviewed by an invited group of event producers representing a cross section of events that take place in Miami Beach. The Neighborhoods and Community Affairs Committee reviewed the most recent draft of amendments to the Special Event Ordinance and Guidelines at their January 30, 2012 meeting. The Committee unanimously moved to take these amendments to the City Commission after being vetted at a public meeting. The proposed amendments were subsequently presented to the Community on February 10, 2012 and March 8, 2012. Public comment was very minor and primarily focused on the neighborhood review requirements and the booking policy. All comments have been incorporated into the proposed amendments. The City Code currently requires applicants to present their special event plans to the neighborhood association corresponding to the geographic area of the event. However, The Tourism and Cultural Development Department has subsequently instituted a recurring monthly special event community review meeting where all members of the public are invited to participate. This meeting has become a reliable forum for the community to receive the required information from applicants and for the City to receive feedback from the community. Therefore, the Administration has drafted an amendment to this section of the Code that requires participation in the monthly special event community review meeting and may also require review by the corresponding neighborhood association. Additionally, the City has been reviewing the City Code to standardize and streamline enforcement provisions. The Special Event Ordinance is another section that would be more appropriately addressed through a set fine schedule. A violator can elect to pay the fine as outlined in the established fine schedule, or request an administrative hearing before the Special Master to appeal the decision of the Code Compliance Officer which resulted in the violation being issued and still ensures that the violator is still afforded due process. This change is also reflected in the attached amendment. In addition to this ordinance amendment, the recommended amendments to the Guidelines include: creating additional permit types in order to streamline the process for small, less impactful, events; increasing to the security deposit requirements for larger events; updating the list of Major Event Periods; creating a process that allows an applicant to challenge dates already being held by another applicant; creating of an Art Basel Zone; and clarifying the consecutive day clause. The proposed amendments to the Special Events Guidelines are being presented as a companion item in conjunction with the second reading and public hearing of the Special Events ordinance amendment. Advisory Board Recommendation: The Neighborhoods and Community Affairs Committee reviewed the most recent draft of amendments to the Special Event Ordinance and Guidelines at their January 30, 2012 meeting, and unanimously moved to take these amendments to the City Commission after it is vetted at a public meeting. financial Information: Source of Funds: Amount 1 Total Financial Impact Summary: N/A islative Trackin Department Director MIAMI BEACH Account 241 Approved City Manager AGENDA ITEM -...:........!..,=....;;__ DATE __,.....___.__......___ m MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Honorable Mayor Matti H. Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: May 9, 2012 SECOND READING AND PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 12 OF THE MIAMI BEACH CITY CODE, ENTITLED "ARTS, CULTURE AND ENTERTAINMENT," BY AMENDING ARTICLE II THEREOF, ENTITLED "SPECIAL EVENTS," BY AMENDING SECTION 12-5, "SPECIAL EVENTS PERMITS" TO PROVIDE CLARIFICATION TO SPECIAL EVENT APPLICANTS UNDER PROVISION (5); BY PROVIDING ENFORCEMENT AND PENAL TIES FOR THE VIOLATION OF SECTION 12-5 AS SET FORTH IN PROVISION (9); AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. BACKGROUND The City of Miami Beach has become the location of choice for a number of activities and special events in South Florida. The Tourism and Cultural Development (TCD) Department coordinates the permitting of special events, including review by the appropriate neighborhood association, in an effort to complement the ambience and aesthetics of the area in which the events are presented. TCD supports events on public property and other properties where the proposed event requires a Special Event Permit, and is responsible for assisting producers with special events guidelines and permit requirements and the issuance of Special Events Permits. In addition, TCD staff serves as liaison between local and regional associations and agencies in addressing the delivery of city services, and assists neighborhood associations with maintenance of events criteria. A City of Miami Beach Permit is required for special events, which is defined as a temporary use on public or private property that would not be permitted generally or without restriction throughout a particular zoning district, but would be permitted if controlled with special review. Applications are processed on a "first come, first serve" basis unless otherwise provided for under the booking policy. Applicants must provide 60 days notice for public use and 30 days notice for private use. The special event process is a review and approval process in which all aspects of an event are coordinated through internal, neighborhood and permitting reviews. In 1988, the City Commission approved a set of requirements for any applicant who wishes to hold a special event in the City of Miami Beach. The Special Events Requirements and Guidelines ("Special Event Guidelines") were designed to help guide applicants through the process of applying for a Special Events Permit, while ensuring minimal disruption to the impacted, surrounding environment. In 1995, via Resolution No. 95-21684, several revisions to the guidelines were adopted, but the procedures set forth did not adequately address a variety of issues associated with the production of special events. In 1998, via Resolution No. 98-23003, the guidelines were amended to incorporate direction received from neighborhood associations, property owners and citizen groups. Subsequently, in 2001, Ordinance No. 2001-3302 and the corresponding Resolution No. 2001-24341 were adopted by the City Commission, which codified the Special Event permit process and adopted separate guidelines with procedures, requirements and criteria for the issuance of permits for special events in Miami Beach. In July 2005, additional amendments were made to the City Code and to the Special Events Guidelines relating to the definition of a special event, consecutive day clause, permit application deadlines, neighborhood review and fines associated with the special event permit. 242 Page2of6 May9, 2012 City Commission Meeting Special Events Ordinance Amendment Second Reading and Public Hearing In 2008, via Resolution 2008-26908, additional amendments to the Special Event Guidelines were made pursuant to direction from the Finance and Citywide Projects Committee. In addition to generating additional revenue for the City, a permit process for promotional hand-to-hand giveaways, which were unregulated by the City and took place regularly throughout the City without a permit, was created. These giveaways range from food (e.g. yogurt, protein bars, chips, etc.), to drinks (e.g. sodas, energy drinks, etc.), to products (e.g. sunscreen, chapstick, t-shirts, CO's, etc.). The Amendment to the Special Event Requirements and Guidelines was approved on September 17, 2008 by the City Commission and became effective October 1, 2008. ANALYSIS The Administration has been drafting amendments to the Special Event Ordinance and Guidelines since late 2010. The City Commission referred the subject for further discussion to the Neighborhoods and Community Affairs Committee (NCAC) at its December 8, 2010 meeting. Subsequently, concerns were raised with issues that occurred during the Funkshion Fashion event in March 2011. The NCAC discussed these concerns at their June 3, 2011 meeting. The NCAC requested a review of the security deposit requirements as they felt they were too low for events of this nature. Since that time, the Tourism and Cultural Development Department researched special event programs in other major cities, such as New York, Chicago and Los Angeles, and drafted additional amendments. These changes have been presented to the Production Industry Council and reviewed by an invited group of event producers representing a cross section of events that take place in Miami Beach. The Neighborhoods and Community Affairs Committee reviewed the most recent draft of amendments to the Special Event Ordinance and Guidelines at their January 30, 2012 meeting. The Committee unanimously moved to take these amendments to the City Commission after it is vetted at a public meeting. The Administration subsequently presented the proposed amendments to the Community during the monthly Special Event Community Review Meetings held on February 10, 2012 and March 8, 2012. Public comment was very minor and primarily focused on the neighborhood review requirements and the booking policy. All comments have been incorporated into the proposed amendments. At this time, the Administration is presenting amendments to the City Code on first reading based on the proposed amendments to the Special Event Guidelines. The amendments to the guidelines will be presented at the May 9, 2012 City Commission meeting in conjunction with the second reading and public hearing of the ordinance amendment. PROPOSED ORDINANCE AMENDMENTS The City Code currently requires applicants to present their special event plans to the neighborhood association corresponding to the geographic area ofthe event. However, The Tourism and Cultural Development Department has subsequently instituted a recurring monthly special event community review meeting where all members of the public are invited to participate. The Tourism and Cultural Development Department has also created an opt-in email list to notice the community of the monthly meetings and agenda, as well as all approved permits. This meeting has become a reliable meeting for the community to receive the required information from applicants and for the City to receive feedback from the community. Therefore, the Administration has proposed amending the Special Events Ordinance as follows: A) Requirement to attend community meeting (Section 5) Special event applications applicants are subject required to present their plans for review at the monthly Special Events Community Review meeting and may also be requested to present for review by the corresponding neighborhood association in the neighborhood by, and applicants are required to present their plans to, the neighborhood association(s) corresponding to the geographic area where the event is proposed. In the case of events that expect 200 or more attendees and where there is no legally constituted/recognized association, or in the discretion of the city commission, the city manager or city manager's designee, the matter will may also be 243 Page 3of6 May9, 2012 City Commission Meeting Special Events Ordinance Amendment Second Reading and Public Hearing referred for review and recommendation to the city planning board. B) Defined penalty/fine provision (Section 9) As you know, the City has been reviewing the City Code to standardize and streamline enforcement provisions. The Special Event Ordinance is another section that would be more appropriately addressed through a set fine schedule. A violator can elect to pay the fine as outlined in the established fine schedule, or request an administrative hearing before the Special Master to appeal the decision of the Code Compliance Officer which resulted in the violation being issued. This will ensure that the violator is still afforded due process. The following are the proposed amendments to the enforcement and penalty provisions: (9) Enforcement and Penalties. (a) Civil fine for violators. The following civil fines shall be imposed for a violation ofthis section: (1) First offense within a 12 month period a fine of $1,000.00; (2) Second offense within a 12 month period a fine of $2, 500. 00; and (3) Third offense and subsequent offenses within a 12 month period a fine of $5.000.00. (b) Enforcement. The code enforcement department or the Miami Beach Police Department shall enforce the provisions of this section. This shall not preclude other law enforcement agencies or regulatory bodies from anv action to assure compliance with this section and all applicable laws. If a Miami Beach Police Officer or a Code Compliance Officer finds a violation of this section. the Miami Beach Police Officer or the Code Compliance Officer shall issue a Notice of Violation to the violator as provided in chapter 30 of this Code, as mav be amended from time to time. The Notice of Violation shall inform the violator of the nature of the violation. amount of fine for which the violator is liable. instructions and due date for paving the fine. notice that the Violation mav be appealed by requesting an administrative hearing within ten days after service of the Notice of Violation. and that failure to appeal the violation within the ten days. shall constitute an admission of the violation and a waiver of the right to a hearing. (c) Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal. (1) A violator who has been served with a Notice of Violation shall elect either to: a. Pay the civil fine in the manner indicated on the Notice of Violation; or b. Request an administrative hearing before a special master to appeal the Notice of Violation within 10 days of the issuance of the notice of violation. (2) The procedures for appeal by administrative hearing of the Notice of Violation shall be as set forth in sections 30-72 and 30-73. (3) If the named violator, after issuance of the Notice of Violation. fails to pay the civil fine. or fails to timely request an administrative hearing before a special master. the special master shall be informed of such failure by report from the Code Compliance Officer or the Miami Beach Police Officer. Failure of the named violator to appeal the decision of the Code Compliance Officer or the Miami Beach Police Officer within the prescribed time period shall constitute a waiver of the violator's right to administrative hearing before the special master, and be treated as an admission ofthe violation. and fines and penalties may be assessed accordingly. ( 4) Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. (5) The Special Master shall adjudicate a violation upon failure to request an 244 Page 4 of6 May9, 2012 City Commission Meeting Special Events Ordinance Amendment Second Reading and Public Hearing administrative hearing with ten (10) days of the issuance of the Notice of Violation, and shall be prohibited from hearing the merits of the Notice of Violation or consideration of the timeliness of the request for an administrative hearing. (d) Enhanced penalties. The following enhanced penalties shall be imposed, in addition to any mandatorv fines set forth in (9){a) above. for violations of this Section: ill If the offense is a fourth offense within the preceding 12 month period of time. in addition to the fine set forth in (9)(a). the property owner. event producer or permittee shall be restricted from receiving a Special Event Permit for a three (3) month period of time. {2l If the offense is a fifth offense within six (6) months following the fourth offense. in addition to any fine set forth in (9)(a), the property owner. event producer or permittee will be restricted from receiving a Special Event Permit for a six (6) month period of time. The property owner. event producer or permittee shall be deemed a habitual offender. @ The City Manager may decline to issue future Special Event Penn its to such person or entity that have been deemed habitual offenders pursuant to this section for a period of one year. or such other period of time acceptable to the City Manager. PROPOSED -SPECIAL EVENT GUIDELINE AMENDMENTS A companion item is being presented in conjunction with the second reading/public hearing of the above-noted Special Events Ordinance amendments, to amend the special event guidelines. This amendment follows a review of other major cities' special event procedures, review by the Production Industry Council and a group of event producers. The following are the recommended amendments to the guidelines: A. Permit Types: Creates additional special event permits types in order to streamline application processing for smaller, less impactful, special events. Public Property • Reduce the application deadline from sixty (60) days to thirty (30) days for events with a maximum attendance of 150 people and requiring no city services. This change will help streamline the process from small events. • Large more impactful events will remain with a sixty (60) day application deadline as they are more complicated and require more advance planning. Private Property • Reduce the application deadline from thirty (30) days to fifteen (15) days for events taking place on private property and requiring no city services. This streamlines the process less impacting events on private property, which historically require a shorter turnaround time. (Note: all other events on private property must apply with a minimum of thirty (30) days. B. Security Deposit: In response to concerns that the security deposit was not sufficient enough to cover expenses for larger events, the following changes are proposed: • $2,500 small events up to 150 people • $5,000 for events up to 1500 attendees 245 Page 5of6 May9, 2012 City Commission Meeting Special Events Ordinance Amendment Second Reading and Public Hearing • $10,000 for events with between 1500 and 5000 attendees • $20,000 +for events with more than 5000 attendees C. Updates the list of Major Event Periods. D. Booking Policy: Adds language to the booking policy allowing an applicant to challenge dates already held by a "first hold" applicant. A "first hold" applicant has submitted an application and an application fee, for an event on a certain day or dates at a particular location. If a Second Hold applicant for those held day(s) challenges a First Hold applicant's dates, the First Hold applicant will be required to post a cash bond in the amount equal to the estimated cost of City services (i.e. Security Deposit, Off-duty Police, Off-duty Fire and Sanitation, etc.) within fourteen (14) days of receipt of notice from date/location challenge from the City. Additionally, the Second Hold applicant must post a cash bond in the amount equal to the estimated cost of City services at the time of the date challenge. If the First Hold applicant fails to provide the City with the specified cash bond within 14 days of receipt of notice, the Second Hold applicant will then have a First Hold on the dates and location.the opportunity to post a sash bond in the amount equal to the estimated cost of City services for their event (i.e. Off duty Police, Off duty fire and Sanitation, ets.) 'Nithin fourteen (14 days) of receipt of notice from the City. If the Second Hold applicant posts a sash bond 'Nith the City '#ithin 14 days, the applicant 'Nill have a first Hold on the dates and location. If both parties fail to post a cash bond, the dates and location are released and will be made available on a first-come, first served basis. E. Consecutive Day Clause: Clarifies the Consecutive Day Clause limiting venues to five (5) special event permits per calendar year. F. Art Basel Zone: The establishment of a zone to be bounded by 23rd Street to the north; by Lincoln Lane South to the south; by Alton road to the west; and by the Atlantic Ocean to the east, where special events permits for non-Art Basel Miami Beach official events will not be permitted. The effective term and duration of the Art Basel Miami Beach Zone is only intended to run concurrent with the actual ABMB Event dates. The following amendments to the guidelines are recommended to address changes already previously approved by the Commission: G. Wedding Permit Fees: The City Administration implements a new $125 wedding permit fee as part of the FY 10/11 budget, which were approved by the City Commission on September 20, 2010 via Resolution No. 2010-27519. The proposed amendment will include this information in the guidelines (Section I.A. III- Weddings and Ceremonies. H. Late Fees: If an application is received later than the specified deadline a late application fee of $250 applies. The intent is to encourage event producers to apply timely. There is also another late fee is applicants have not submitted all required documentation 14 days before the load-in of the event commences. The application is then considered denied and any additional coordination requires a reinstatement fee, commensurate with the event's permit fee: • 0 to 1499 attendees $250 • 1500 and above attendees $500 These changes to the special event fees were approved by the City Commission on September 20, 2010 via 246 Page 6of6 May9, 2012 City Commission Meeting Special Events Ordinance Amendment Second Reading and Public Hearing Resolution No. 2010-27519 and was adopted as part of the FY 10/11 budget. The proposed amendment will include this information in the guidelines (Section I.A. VII -Minimum Requirements; Late Application Fee). I. The Administration reviewed the guidelines and determined that the City's Administrative Policy for repeat violators of special event permits should be formally incorporated into the guidelines. They were developed to clarify Section 12-5(9)(b) of the City Code and impose additional penalties, in addition to fines for violations of this Section of the City Code (Section Ill). The policy states levies additional penalties for event producers who violate the terms of their permit multiple times within the preceding 12 month period of time and restricts the producer from obtaining additional permits for a period of time depending on the number of violations. J. Temporary Sampling: creates a distance separation from existing sidewalk cafes and tightens the definition of "mobile" sampling. The amendments prohibit sampling from moving vehicles and sampling within 20 feet of an approved sidewalk cafe, outdoor cafe, outdoor restaurant, etc. On May 25, 201 0, the Neighborhoods and Community Affairs Committee reviewed the City's temporary sampling regulations and recommended revisions to the guidelines regarding. K. Adds additional criteria for the Manager's consideration when considering a special event permit for events that feature a public benefit component (Section I.B.II.e.). L. Includes language clarifying that the City is not responsible for any expenses incurred by the applicant (Section 1.8.111.). M. Changes from "weeks" to "days" the requirement for the deadline for payment for City services (Section 1.0.11) N. Includes clarification language for required verification for light post banners for 501 © 3 non-profits (Section II.E.III). 0. Additional proposed changes clarify the Vehicle Access Pass policy as pertaining to all beach, park and pedestrian use areas. Currently the pass is intended only for beach use. This change allows proper regulation of safety needs for events that require access to non-beach authorized areas, such as greenspace (Section II.A). P. Another change clarifies waiver provisions for non-profit groups (Section I.A. VII-Minimum Requirements) and amends the submission date for the Indemnity Agreement and Insurance documents (Section I.A.VII- Minimum Requirements, Indemnity Agreement; Insurance Requirements). CONCLUSION In an effort to streamline the permitting process and provide better oversight and regulation of the Special Events Permit process, the Administration recommends that the City Commission approve on second reading the proposed amendments to the Special Events Ordinance, as specified in the attachment. JMG/HMF/MAS/GW T:\AGENDA\2012\4-11-12\Special Events Ord amendment memo.doc 247 ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 12 OF THE MIAMI BEACH CITY CODE, ENTITLED "ARTS, CULTURE AND ENTERTAINMENT," BY AMENDING ARTICLE II THEREOF, ENTITLED "SPECIAL EVENTS," BY AMENDING SECTION 12-5, "SPECIAL EVENTS PERMITS" TO PROVIDE CLARIFICATION TO SPECIAL EVENT APPLICANTS UNDER PROVISION (5); BY PROVIDING ENFORCEMENT AND PENALTIES FOR THE VIOLATION OF SECTION 12-5 AS SET FORTH IN PROVISION (9); AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach (the "City") declares that it is in the interest of the citizens of Miami Beach to ensure that special events are compatible with the City, which is a major and internationally recognized tourist destination; and WHEREAS, the Administration has acknowledged and recognized that various individuals have increased their efforts to hold special events throughout the City, which requires specific measures to be taken in order to minimize the disruption and impact to surrounding residential inhabitants and business entities; and WHEREAS, the Administration has reviewed the enforcement provisions that are applicable for special event permit violations, and is recommending necessary amendments which shall establish appropriate fines and penalties against those individuals who violate the requirements of Article II of the City Code; and WHEREAS, the Administration and City Attorney's Office recommends amending the enforcement provisions for violations of Section 12-5, which are necessary to accomplish the above objectives. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Article II, entitled, "Special Event Permits," of Chapter 12 of the Miami Beach City Code, entitled Arts, Culture and Entertainment, is hereby amended as follows: CHAPTER12 ARTS, CULTURE & ENTERTAINMENT * * * ARTICLE II. SPECIAL EVENTS PERMITS * * * Sec. 12-5. Special events permits. 248 The city manager, or the manager's designee, has the authority to issue, modify or revoke permits for special events, in accordance with criteria set forth in this section and the special events requirements and guidelines approved by separate resolution of the city commission. (1) It shall be unlawful to engage in special events without a special events permit. A special event is defined as a temporary use on public or private property that would not be permitted generally or without restriction throughout a particular zoning district, but would be permitted if controlled with special review in accordance with this section. (2) Applicants wishing to hold a special event must submit a completed special event application, including but not limited to an application form, site plan, fees, deposits, insurance and indemnification, as required by the special events requirements and guidelines, no less than 60 days in advance for beach events and non-beach events. (3) The manager, or the manager's designee may impose such fees as they determine appropriate considering the impact of the special event on city facilities and services, including without limitation, user fees for particular city properties, square footage rates for exclusive use of public property, and concession agreements for paid admissions, and sale of food, beverage and merchandise on public property. The manager may, in his discretion, reduce or waive the submission periods, or fees for events by not-for-profit corporations, for a particular event when such waiver is found to be in the best interest of the city. (4) The manager or the manager's designee will determine specific requirements, and city departments will determine minimum staffing levels, for the event consistent with the special events requirements and guidelines. (5) Special event applications applicants are subject required to present their plans for review at the monthly Special Events Community Review meeting and may also be requested to present for review by the corresponding neighborhood association in the neighborhood by, and applicants are required to present their plans to, the neighborhood association(s) corresponding to the geographic area where the event is proposed. In the case of events that expect 200 or more attendees and where there is no legally constituted/recognized association, or in the discretion of the city commission, the city manager or city manager's designee, the matter will be referred for review and recommendation to the city planning board. (6) The city manager, or the manager's designee, will make a final determination on an application for a permit within seven days after all special events requirements applicable to an event have been fulfilled, with appropriate extensions of such deadline to allow for scheduling of neighborhood association or planning board meetings. All requirements must be fully completed no later than two weeks prior to the event, including payment for city services. No refunds will be made after a permit is issued; however, payment does not constitute permission to hold the event. (7) Special events requirements and guidelines. The city commission may adopt special events requirements and guidelines as they pertain to special events being held in the city. The manager may authorize amendments to the requirements and guidelines proposed by the administration, consistent with the intent and purpose of this section, or may present such amendments to the city commission for approval, by resolution. (8) Conflict with noise provisions. The city manager or the manager's designee, may issue a permit that authorizes a special event in conflict with chapter 46, article IV, of this Code, or other 2 249 applicable noise ordinance, only where the applicant has met all of the city's requirements for obtaining a permit as prescribed in this section and the requirements and guidelines, and the special event cannot be performed in compliance with the applicable noise ordinance. Such a permit must specify the precise manner by which the noise ordinance may be exceeded, by what duration, and at what locations. Such permit authorization may be modified or revoked if in the discretion of the manager, or designee, the authorization excessively negatively impacts the surrounding neighborhood. Having a permit shall not relieve the permit holder from compliance with all other applicable local, county, state or federal laws. (9) Enforcement. a. Permits shall be posted in a conspicuous location at the site on which the special event occurs. Upon the request of any police officer or code compliance officer of the city, the O'Nner, lessee of the property or other representative of the special event, shall produce such permit for inspection. b. Persons engaged in a special event 'Nithout a permit, or otherwise in violation of a permit, this section or the special events requirements and guidelines provided for herein, shall be subject to enforcement by city police or code compliance officers, through the issuance of immediate cease and desist orders, the violation of which may subject the offender to the follmr.·ing immediate fines: for the first offense a fine of one thousand dollars ($1 ,000); for the second offense a fine of three thousand dollars ($3,000); and for the third offense and subsequent offenses a fine of five thousand dollars ($5,000) or_arrest, and/or enforcement as provided for in section 1 14 of this code, and/or notices of violation referred to special masters, who have authority to issue fines or enforce compliance, as provided for in chapter 30 of this code. Police or code compliance officers will coordinate enforcement with the Department of Tourism and Cultural Development. As an alternate and supplemental remedy, the city may enforce this section by injunctive relief in any court of competent jurisdiction, and in such circumstance the city shall be entitled to recover its reasonable attorneys' fees and costs. For repeat offenders, the manager or designee may decline to issue permits to such person or entity for one year, or such other period as the manager deems appropriate. {9) Enforcement and Penalties. (a) Civil fine for violators. The following civil fines shall be imposed for a violation of this section: (1) (2) (3) First offense within a 12 month period shall be a fine of $1000.00; Second offense within a 12 month period shall be a fine of $2500.00; Third offense and subsequent offenses within a 12 month period shall be a fine of $5000.00. (b) Enforcement. The code compliance division or the Miami Beach Police Department, shall enforce the provisions of this section. This shall not preclude other law enforcement agencies or regulatory bodies, from any action to assure compliance with this section and all applicable laws. If an enforcing Officer finds a violation of this section, the Officer shall issue a Notice of Violation to the violator. The Notice of Violation shall inform the violator of the nature of the violation, amount of fine for which the violator is liable, instructions and due date for paying the fine, notice that the Violation may be appealed by requesting an administrative hearing within ten days after service of the Notice of Violation, and that failure to appeal the violation within the ten days, shall constitute an admission of the violation and a waiver of the right to a hearing. 3 250 (c) Rights of violators: payment of fine; right to appear: failure to pay civil fine or to appeal. ( 1) A violator who has been served with a Notice of Violation shall elect either to: a. Pay the civil fine in the manner indicated on the Notice of Violation; or b. Request an administrative hearing before a special master to appeal the Notice of Violation within 1 0 days of the issuance of the notice of violation. (2) The procedures for appeal by administrative hearing of the Notice of Violation shall be as set forth in sections 30-72 and 30-73. (3) If the named violator. after issuance of the Notice of Violation. fails to pay the civil fine. or fails to timely request an administrative hearing before a special master. the special master shall be informed of such failure by report from the Officer. Failure of the named violator to appeal the decision of the Officer within the prescribed time period shall constitute a waiver of the violator's right to administrative hearing before the special master. and be treated as an admission of the violation. and fines and penalties may be assessed accordingly. (4) A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien upon any real or personal property owned by the violator and it may be enforced in the same manner as a court judgment by the sheriffs of this state. including levy against the violator's real or personal property. but shall not be deemed to be a court judgment except for enforcement purposes. After two months from the recording of any such lien that which remains unpaid. the city may foreclose or otherwise execute upon the lien. (5) Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. (6) The Special Master shall be prohibited from hearing the merits of the Notice of Violation or consideration of the timeliness of the request for an administrative hearing. if the violator has failed to request an administrative hearing within ten (1 0) days of the issuance of the Notice of Violation. (7) The Special Master shall not have discretion to alter the penalties prescribed in subsection (9)(a). {d) Enhanced penalties. The following enhanced penalties shall be imposed. in addition to any mandatory fines set forth in subsection (9)(a) above. for violations of this Section: ill If the offense is a fourth offense within the preceding 12 month period of time. in addition to the fine set forth in subsection (9)(a). the property owner. event producer or permittee shall be prohibited from receiving a Special Event Permit for a three (3) month period of time. ill If the offense is a fifth offense within six (6) months following the fourth 4 251 offense. in addition to any fine set forth in subsection (9)(a). the property owner. event producer or permittee will be prohibited from receiving a Special Event Permit for a six (6) month period of time. The property owner. event producer or permittee shall be deemed a habitual offender . .Ql The City Manager may decline to issue future Special Event Permits to such person or entity that have been deemed habitual offenders pursuant to this section for a period of one year. or such other period of time acceptable to the City Manager. SECTION 2. REPEALER. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, provision 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 effect the validity of the remaining portions of this ordinance. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten (1 0) days following adoption. PASSED AND ADOPTED this ___ day of ________ , 2012. ATTEST: CITY CLERK Underline denotes additions Strikethrough denotes deletions MATTI HERRERA BOWER MAYOR 5 252 12NE I. THURSDAY, APRIL 26, 2012 NE MiamiHerald.C?f!l L !HE f411,6.r.ll ~E~~LD ··········-·-:::····--·-·-··-·--··---·-·-·-·-·······-·-·---~------------·· ·t;·: .. -······-········-·········· . H :CITY Of MIAMI BEACH . :NOJICE Of PUBliC HEARINGS . . :-~X;;%; . . NOTICE IS . HEREBY. given That second readings and public hearings will be held by the Mayor and City Commission otthe City of Miami Bea~;:h; Florida, 'in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Mialiii ·Beach, Florida, on WEDNESDAY, May 9, 2012 to consider the following: 11:00a.m. · • Ordinance Amending C)lapter 82, Of Thet~:Code OfThe City Of Miami Beach, Entitled ''Public Pr!)]Jerty," By Amending Article VI, Entitlea "Naming OfPublic Facilities And Establishment Of Monuments Or Memorials," By Amending Section 82-504, ·Entitled "Monuments Or Memorials," By ~Adding Criteria To Provide: · A) That The M~yor And City Commissioners Shall Be. Limited To.:l"ropo$ilig The Establishment Of One . Monument Or M~morial Per Term Of Elected Office; B) ThafThe CoslS DfThe.Desjgn, Fabrication And On-Going Maintenance For Monuments Or Memorials Shall Be The Sole Responsibility Of, And Must Be Borne By, The Requesting Organization, Group Or Individual, Unless All Or Any Portion Of This Requirement Is Waived By An Affirmative Vote Of 6/7ths Of The City Commission Following A Duly Noticed Public Hearing; And G) That Any Person To Be Recognized By The Establishment Of A Monument Or Memorial Must Be In Good Standing In The Community And 1f, After The Honor Is Bestowed, The Person Is Convicted Or Adjudicated Guilty Of A Felony, The Name OfThe Person Shall Be Removed From Such Monument Or Memorial Or The Monument Or Memorial Itself May Be Removed. .. . Inquiries may be directed to the Parks and Recreation Departmenta't(305) 673-7730' ) . 11:05 a.m. Rooftop Small Wind Turbines · .• , '-c An Ordinance Amending The Land Development Regulations~ Of The Coge Of The City Of Miami Beach, By Amending Chapter 142 Of The City Code, "Zoning . Districts Arid Regulafions,'t :Article II, "District Regulations," Division 2. RS-l, RS-2,,RS-3, RS-4 Single-~amily.Residential Districts, Section '142-105(e), "HeightRestri£tions," By Amending The Height Regulation E)!ceptions To Permit Small Roof WincfTurbines Up To 10 Feet Above ihe-Main Roofline; 'And Amending Article IV, "Supplementary District Regulations," Division 5, "Height Regulations,"By AmeQding Section 142:1161," To Pemiit Roof Wind Turbines SubjectTo Certain Restflctions And Conditions, · · · -· · Inquiries may be directed to the Plan~ing D~partment at (305).673-7550: -~ 11:10·a.m·. , _ .. ;·-_, _ Ordinance Amending The Land development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter l38, Entitled "Signs", By Amending Article IV;·En!itled "Temporary Signs", By Creating- A New Section 13&:.140, Entitled "Vaca:nt Storefront Screens And-Sign. .. -.... ~ .. . . .. . Inquiries may be-directed to t.he Planning Departmentat (305) 673-1550.· 11:30 a.m. . . -. . An Ordinance Amending Chapter 12 Of The Miami Beach City Code, Entitled "Arts, Culture And Entertainment," By Amending ArtiCle II Thereof, Entitled "Special Events;" By Amending Section 12-5, "Special Events Permits" To Provide Clarification. - Inquiries may be directed to the Cultural Arts Department at (305) 673-2787. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1sfFioor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. · -~ Rafael E. Granado, City Clerk . City of Miami Beach Pursuantto Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, s1:1ch 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 tiy the City for the intr-oduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.· To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or/participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305) 673-7218 (TTY) five days in advance to initiate your request m users may also call 711 (Florida Relay Service). Ad#701 253 THIS PAGE INTENTIONALLY LEFT BLANK 254 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 90 Of The Miami Beach City Code, Entitled "Solid Waste," By Amending The Definitions In Article I, Entitled "In General," By Amending Section 90-2, Entitled "Definitions"; By Amending Article II, Entitled "Administration" By Amending The Penalties For Solid Waste Violations And To, Provide Provisions And Penalties Relative To Recycling For Multifamily Residences And Commercial Establishments; By Creating Article V, To Be Entitled "Citywide Recycling Program For Multifamily Residences And Commercial Establishments," To Provide Provisions For Recycling Requirements And Enforcement, A Public Education Program, A Warning Period, An Enforcement Date, Collector Liability, Penalties, And Special Master Appeal Procedures; Providing For Repealer, Severability, Codification, And An Effective Date. First Reading Public Hearing. Supporting Data (Surveys, Environmental Scan, etc.): The solid waste haulers operating in the City have reported that approximately 1,600 multifamily and commercial establishments within the City are current! not artici atin in the Count -re uired Rec clin Pro ram. Issue: l Shall the Mayor and City Commission defer the Ordinance? Item Summary/Recommendation: FIRST READING The new proposed ordinance seeks to establish a comprehensive Citywide Recycling Program for multifamily residences and commercial establishments. The County Code (Section 15-2.5) gives the City the authority to establish and enforce its own ordinance, provided such ordinance is equivalent to or more stringent that the County's provisions. The new proposed ordinance would require that every multifamily residence of nine (9) dwelling units or more provide a recycling program and use a single-stream recycling process to separate recyclables. The Sustainability Committee recommended that the City focus on education and address enforcement efforts on a complaint driven basis. Beginning June 1, 2012 the new proposed ordinance calls for a six (6) month education and community outreach effort, followed by a six (6) month warning period before penalties would be issued. During the education and outreach period, the City would implement an aggressive public education campaign to inform the public of the new requirements. After the year of extensive education and outreach, the six (6) month warning period (or pre-full implementation period) would take place, where only warning notices without monetary fines would be issued. · In FY 2011/12, $50,000 was appropriated to initiate the education program. The City will retain a marketing company to develop a unified educational campaign with the goal of increasing recycling awareness and educating multifamily and commercial establishments. It is the intent to have enforcement of the new proposed ordinance conducted on a complaint driven basis by a Sustainability Officer whose focus will be to provide education and guidance rather than issuing of fines. THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON FIRST READING. Advisory Board Recommendation: On April19, 2012, the FCWPC recommended that the Commission approve the new proposed ordinance on First Reading The FCWP also recommended that the City should not enforce fines until a decision has been made on how to enforce the separation requirements of the ordinance. Financial Information: Source of Funds: 1 OBPI Total Amount Account Financial Impact Summary: Approval of the Recycling Ordinance represents an annual impact of $104,000 which will be submitted for a roval throu h the FY2012/13 bud et rocess. Department Oirec FHB Sign-Offs: T:IAGENDA\201215-9-12\Recycling Ordinance Summary.doc MIAMI BEACH 255 AGENDA nEM --=--Rl---s-:::-F __ DATE S'-'/-(2. & MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager ~ FIRST READING May9, 2012 u(_/ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 90 OF THE MIAMI BEACH CITY CODE, ENTITLED "SOLID WASTE," BY AMENDING THE DEFINITIONS IN ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 90-2, ENTITLED "DEFINITIONS"; BY AMENDING ARTICLE II, ENTITLED "ADMINISTRATION" BY AMENDING THE PENALTIES FOR SOLID WASTE VIOLATIONS AND TO PROVIDE PROVISIONS AND PENALTIES RELATIVE TO RECYCLING FOR MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS; BY CREATING ARTICLE V, TO BE ENTITLED "CITYWIDE RECYCLING PROGRAM FOR MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS," TO PROVIDE PROVISIONS FOR RECYCLING REQUIREMENTS AND ENFORCEMENT, A PUBLIC EDUCATION PROGRAM, A WARNING PERIOD, AN ENFORCEMENT DATE, COLLECTOR LIABILITY, PENAL TIES, AND SPECIAL MASTER APPEAL PROCEDURES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. FIRST READING PUBLIC HEARING. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the Ordinance on First Reading. BACKGROUND Commissioner Jonah Wolfson worked with the City Attorney's Office and City Administration, as well as members of the City's Sustainability Committee, on a proposed ordinance that would require mandatory recycling for multifamily residences and commercial establishments in the City, via the establishment of a City of Miami Beach Mandatory Recycling Enforcement Program. On July 13, 2011, the proposed recycling ordinance was approved by City Commission and referred to the Finance and Citywide Projects Committee (FCWPC) between first and second reading. The FCWPC directed the Administration to conduct a Recycling Workshop, held on October 24, 2011. At the Workshop, Commissioner Michael Gongora indicated that the item would be further discussed at the Sustainability Committee prior to referral to the FCWPC to discuss funding. On November 15, 2011, the Sustainability Committee recommended that the City revise the ordinance to more closely reflect the Miami-Dade County's ordinance, but with revised fines that do not accrue daily. Based on the Sustainability Committee's recommendations, the first reading ordinance was significantly modified. A new proposed Ordinance was presented to the Sustainability Committee on January 17, 2012 and February 28, 2012 for further discussion. On February 28, 2012, the Sustainability Committee recommended that the new proposed ordinance be referred to the FCWPC. 256 City Commission Memo -Recycling Ordinance, First Reading May 9, 2012 Page 2of5 On April19, 2012, the FCWPC recommended the City not implement fines until a decision has been made on how to enforce the recycling separation requirements, and to approve the new proposed ordinance on First Reading. Currently, Miami-Dade County Code (Sections 15-2.2 to 15-2.4) requires multifamily and commercial establishments to have a recycling program. However, as a result of multiple issues, including fiscal constraints at the County level, the County Code requirement to have a recycling program is not adequately or comprehensively enforced. The solid waste franchisee haulers have reported that approximately 1 ,600 multifamily residential buildings and commercial establishments within the City of Miami Beach are currently not participating in the County-required recycling program. This is approximately 30% of all known commercial and multifamily accounts. The objective of the new proposed recycling ordinance is to establish a comprehensive Citywide Recycling Program for multifamily residences and commercial establishments. The County Code (Section 15-2.5) gives the City the authority to establish and enforce its own ordinance, provided such ordinance is equivalent to or more stringent that the County's provisions. The new proposed ordinance (Attachment A), which is an amendment to Chapter 90 of the City Code, would require multifamily residences and commercial establishments in the City to provide a recycling program and to use a single stream recycling process to separate recyclables. Multifamily and commercial establishments would receive fines if they do not provide a recycling program serviced by a licensed recycling contractor or if they fail to separate recyclable material from the solid waste stream. Single-family homes and multifamily buildings of up to eight (8) units are already provided weekly recycling services via Miami-Dade County's Curbside Recycling Program, which was done through an Inter-Local Agreement (Agreement) entered into on June 14, 1990. The Agreement authorizes the County to act on the City's behalf in the administration of the contract for this recycling service in the areas of municipal jurisdiction. The current number of households served by Miami-Dade County within the City of Miami Beach is 6,500 units. The contractor that currently provides the service to Miami Beach through the Agreement is World Waste Services. Commercial facilities and multifamily residences with nine (9) or more units are required by Miami- Dade County to hire, by means of a contract, a private solid waste hauler for their recycling pick-up. Miami-Dade County Code Chapter 15 entitled "Solid Waste Management", Sections 15-2.2 through Sections 15-2.5 requires the following: • Owners/Property owners of commercial establishments in Miami-Dade County must provide a recycling program for their employees and tenants, using the services of an authorized waste hauler or private recycling hauler. • The program must recycle three (3) items from the following list often (1 0): high-grade office paper, mixed paper, corrugated cardboard, glass, aluminum, steel, other scrap production metals, plastics, textiles, and wood. • Modified Recycling Programs -those that incorporate modifications, substitutions or reductions to the requirements stated above-may be submitted to the Department of Public Works and Waste Management for review and approval. CURRENT ENFORCEMENT On September 1, 2009, the Miami-Dade County Multifamily and Commercial Recycling Memorandum of Understanding (MOU) between the City of Miami Beach and Miami-Dade County was approved. Under the MOU, the County agrees to enforce recycling under County Code Chapter 15, Sections 15-2.2 through 15-2.5 within the City of Miami Beach. When facilities are found to not have a recycling program, the County issues the offending party a warning notice followed by a notice of violation that may include fines as delineated in Miami-Dade Code Chapter 257 City Commission Memo -Recycling Ordinance, First Reading May 9, 2012 Page 3 of5 ace-entitled "Code Enforcement". In 2007-0a, the County collected a total of $11,550 in fines Countywide for non-compliance with their recycling ordinance. On March 29, 2010, the City provided Miami-Dade County Solid Waste Management with a list of 434 addresses from the waste haulers' multifamily and commercial accounts that were not recycling. In August 2010, the County initiated a proactive inspection approach to enforcement and inspected a total of 203 multifamily residences and 27 commercial establishments. If facilities were found to not have a recycling program, the facilities were issued a warning notice followed by a notice of violation that may include fines delineated in Miami-Dade Code Chapter ace entitled "Code Enforcement". However, in October 2010 the County returned to a compliant-driven approach with an emphasis on education. In January 2012, the City franchise waste haulers provided the City with an updated list of 1 ,560 commercial facilities and multifamily residences that do not have a contract with them for a recycling program. The list was forwarded to the County; however, according to the County, the list was too large and needed to be verified by the City. The County requested that the City review the lists provided by the waste haulers, by visiting each address to confirm that in fact the address does not have a recycling service. The percentage of non-compliant facilities that have received fines since January 2012 is unknown. Based on the County's complaint-driven approach that focuses more on education than issuance of fines, this number is anticipated to be low. PROPOSED RECYCLING ORDINANCE The new proposed recycling ordinance closely mirrors the existing County ordinance. The new proposed ordinance requires that every multifamily residence of nine (9) dwelling units or more shall provide a recycling program and use a single-stream recycling process to separate recyclables. Similar to the County, the new proposed ordinance provides that multifamily and commercial facilities can submit to the City's Public Works Director for approval of a modified recycling program. The Sustainability Committee recommended that the City focus on education and address enforcement efforts on a complaint driven basis. Beginning June 1, 2012 the new proposed ordinance calls for a six (6) month education and community outreach effort, followed by a six (6) month warning period before penalties would be issued. During the education and outreach period, the City would implement an aggressive public education campaign to inform the public of the new requirements. This would entail comprehensive community outreach through the Chamber of Commerce, local schools, business associations, and homeowner and condominium associations. In addition, the City would disseminate information about the new program through TV, website, social media, and printed media. After the year of extensive education and outreach, the six (6) month warning period (or pre-full implementation period) would take place, where only warning notices without monetary fines would be issued. In FY 2011/12, $50,000 was appropriated to initiate the education program. The City will retain a marketing company to develop a unified educational campaign with the goal of increasing recycling awareness and educating multifamily and commercial establishments. It is the intent that this company will establish a model for the City to continue to use and build upon. In the future, the City will also look to using volunteers to continue to promote recycling education within individual condominiums and with the business community. It is the intent to have enforcement of the new proposed ordinance conducted on a complaint driven basis by a Sustainability Officer whose focus will be to provide education and guidance rather than issuing of fines. The new proposed ordinance fine schedule is less stringent than the County's. The County ordinance states that a repeat violation which remains uncorrected beyond the time prescribed for correction in the notice of violation shall be treated as a continuing violation, and the additional penalty for each day of continued violation shall be equal to the doubled amount due for 258 City Commission Memo -Recycling Ordinance, First Reading May 9, 2012 Page 4 of5 the first day of the repeat violation. The Sustainability Committee recommended that the penalties in the new proposed ordinance not accrue daily. The new proposed ordinance mandates the following penalties for failing to provide a recycling program: a) For the first violation, a fine of $350. b) For the second violation, a fine of $500. c) For the third violation, a fine of $1,000. d) For the fourth and subsequent violations, a fine of $2,500. The above fines mirror the City's fines for solid waste violations under Sec. 90-37 of the City Code, except for the fourth and subsequent violations. The solid waste fine is $5,000 for the fourth and subsequent violations. However, the Sustainability Committee recommended that the fine for the fourth and subsequent recycling violations be $2,500. The penalties for failing to use a single stream recycling process to separate recyclables from all other solid waste are proposed as follows: a) For the first violation, no fine. b) For the second or subsequent violations, a fine of $100. Legally, the City's Ordinance must reflect the separation requirements set forth by the County's Ordinance. Staff conducted nationwide research regarding the method in which other municipalities enforce separation requirements. Staff has not found any municipality that enforces separation or has objective criteria to determine if a facility is not separating. The City's franchisee waste haulers do not inspect recycling containers for contamination during pick-up. Rather, contamination is handled at the material recovery facility. It is not possible to determine at the material recovery facility from which specific customer the contamination originated. The Sustainability Committee has recommended that following an intensive educational period, enforcement efforts be focused on whether or not a recycling program is in place, rather than enforcement of the separation requirements. Separation requirements will be enforced only on a complaint driven basis. If the City receives a complaint regarding failure to separate garbage from the recycling, non-compliance will be ascertained by visually determining if 1 0% of the material on the top of the recycling bin is considered non-recyclable. The City Administration does not recommend that the solid waste containers be inspected. FINANCIAL IMPACT Charter section 5.02 requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions." Staff has determined that there will be a fiscal impact on the City's budget by enacting the proposed ordinance. The implementation of the proposed recycling ordinance would require additional staffing. It is projected that recurring annual operating costs for the City to implement the proposed ordinance are to be approximately $67,500. This includes salaries and fringe benefits associated with one (1) full- time staff and one (1) part-time staff. This estimate does not include one-time costs such as the purchase of computers, vehicles, and office furniture, which are estimated to be in the range of $36,800, for a total first year implementation cost of approximately $104,000. Attachment 8 outlines the projections for staffing and operating costs. The proposed new positions will be submitted for approval through the FY 2012/13 budget process. 259 City Commission Memo -Recycling Ordinance, First Reading May 9, 2012 Page 5of5 The benefit of the City creating a separate ordinance from the County would be to enforce recycling program requirements with the goal to increase recycling rates and divert recyclables from the solid waste stream. The City can tailor the education and outreach specifically to the City's businesses and residents to improve compliance. Under the proposed ordinance the City would be responsible for identifying non-compliant facilities, conducting inspections, administering fines, and community outreach. After the first year of implementation, staff will have a better estimate if one (1) full-time and one (1) part-time staff are adequate to enforce the proposed ordinance. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Ordinance on First Reading. Attachments: A. Proposed Recycling Ordinance B. Recycling Ordinance Fiscal Analysis JGG/FHB/RWS/ESW T:\AGENDA\2012\5-9-12\Recycling Ordinance Memo.doc 260 ORDINANCE NO.-------- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 90 OF THE MIAMI BEACH CITY CODE, ENTITLED "SOLID WASTE," BY AMENDING THE DEFINITIONS IN ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 90-2, ENTITLED "DEFINITIONS"; BY AMENDING ARTICLE II, ENTITLED "ADMINISTRATION" BY AMENDING THE PENALTIES FOR SOLID WASTE VIOLATIONS AND TO PROVIDE PROVISIONS AND PENALTIES RELATIVE TO RECYCLING FOR MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS; BY CREATING ARTICLE V, TO BE ENTITLED "CITYWIDE RECYCLING PROGRAM FOR MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS," TO PROVIDE PROVISIONS FOR RECYCLING REQUIREMENTS AND ENFORCEMENT, A PUBLIC EDUCATION PROGRAM, A WARNING PERIOD, AN ENFORCEMENT DATE, REQUIREMENTS FOR RECYCLING CONTRACTORS, PENAL TIES, AND SPECIAL MASTER APPEAL PROCEDURES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the recycling of recyclable materials is in the best interest of the environment, City residents, and in maintaining the City's prominence as a world class resort destination; and WHEREAS, by managing solid waste and conserving material resources through reduction, reuse, and recycling, the City will help minimize impacts to the quality and safety of the local environment, reduce costs of waste disposal, and decrease the carbon footprint associated with the production use, and disposal of materials; and WHEREAS, the City seeks to establish a Citywide Recycling Program for multifamily residences and commercial establishments that provides standards that are equivalent to or exceed the minimum recycling requirements of Miami-Dade County; and WHEREAS, pursuant to Sections 15-2.5 and 15-2.7 of the Miami-Dade County Code, the City and Miami-Dade County have agreed that the following Citywide Recycling Program meets the minimum standards set forth in section 15-2.6 of the Miami-Dade County Code and have accordingly entered into a Memorandum of Understanding so that the City may implement said Program. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Article I, entitled "In General," of Chapter 90 of the Miami Beach City Code, entitled "Solid Waste," is hereby amended as follows: CHAPTER 90 SOLID WASTE * * * 261 ARTICLE I. IN GENERAL Sec. 90-2. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * * * Commercial establishment means an establishment dealing in an exchange of goods or services for money or barter. For purposes of this chapter, the term shall include churches, synagogues and schools. * * * Multifamily residence means a building occupied or intended to be occupied by two (2) or more families living separately, with separate kitchens in each unit. * * * Offense means a notice of violation that has not been appealed timely or a finding of a violation by a special master following the appeal of a violation. * * * Premises means real property and includes any buildings or structures thereon. * * * Recyclable material§. means those materials capable of being recycled and which would otherwise be processed or disposed of as solid waste. Any recyclable material mixed with solid waste shall be considered to be solid waste. Recycling means any process by which recyclable materials are collected, separated, or processed to be reused or returned to use in the form of raw materials or products. Recycling container means a container approved by the city manager for collection of recyclable material by a recycling contractor. Recycling contractor means a private contractor licensed by the city and state who collects recyclable materials and transports same to a state or county-licensed recycling facility for processing. Recycling contractors must provide their customers with a separate recycling container for recyclable materials. Single-stream recvcling means a process by which certain recyclable materials are mixed together instead of being sorted into separate recycling containers in the collection process. SECTION 2. That Article II, entitled "Administration," of Chapter 90 of the Miami Beach City Code entitled "Solid Waste," is hereby amended as follows: 2 262 CHAPTER 90 SOLID WASTE * * * ARTICLE II. ADMINISTRATION Sec. 90-36. Enforcement of chapter; notice of violation. (a) The city manager is hereby authorized and directed to enforce all the provisions of this chapter regulating and governing the accumulation, collection .. and disposal of solid waste. The city manager shall have the power to delegate duties to employees working under his authority (including, without limitation, the city's public works director) in the enforcement of the provisions of this chapter. (b) Upon presentation of proper credentials, an inspector designated by the city manager may enter any building, structure, lot or other premises for the purpose of inspection, or to prevent violations of this chapter. (c) The existence of solid waste shall be prima facie evidence that the same was created or placed there by the occupant of the dwelling or commercial establishment; or the owner; or the operator or manager. The existence of the same garbage inside the same garbage containers for four (4) consecutive days upon premises serviced by a private waste contractor shall be prima facie evidence of a violation of this chapter by the contractor. For purposes of this section premises serviced by a private waste contractor shall not include accounts that have been discontinued by the contractor when notice of discontinued service has been mailed to the owner, occupant; or operator or manager, as well as to the city, prior to the accumulation of the garbage. (d) Whenever a designated city inspector observes a violation (or violations) of this chapter regarding solid waste or an accumulation of solid waste that creates a health hazard, environmental hazard, or nuisance, the inspector shall order the violation(s) to be corrected within a specified period of time by serving a written notice of violation(s) upon the person causing, or responsible for, such violation and/or health hazard, environmental hazard, or nuisance. Such person shall immediately cease or abate the violation(s). (e) A +J::I.e notice of violation shall be served personally or by certified mail upon the property owner or upon the person.(§l in lawful possession of the premises, and/or upon the waste contractor servicing the premises. If the person addressed with such notice cannot be found by the city after making reasonable good faith effort, such notice shall be sent by certified mail to the last known address of such person, and a copy of the notice shall be posted in a conspicuous place on the premises. Such notice shall be deemed the equivalent of personal service. (f) The notice shall specify any fine(s) that may be due in connection with the violation(s) .. the time specified by the inspector to correct the violations, and the procedure for timely payment or appeal of the fine(s). (g) If the inspector determines that the conditions constitute an immediate threat to the health, safety or welfare of the public, he/she may order the immediate correction of the 3 263 violation(s) at the expense of the occupant; owner; or operator or manager and the city shall have the right to recover such expenses as provided in section 90-~ 37. ill The enforcement of the recycling requirements for the citywide recycling program for multifamily residences and commercial establishments provided for in Article V of this chapter, and the penalties for violations of Article V, are provided in sections 90-345 through 90- 347 of this chapter. Sec. 90-37. Removal of waste by city; penalties for violations. If the person served with a notice of violation pursuant to section 90-36 does not correct the violation within the specified time, the city manager may do the following: (1) For violations involving failure to remove solid waste, the city manager may cause the waste to be removed from the premises and charge the actual costs to the owner; occupant; or operator or manager, on a force account basis. Any fine due pursuant to section 90-39 or 90-40 shall also be charged to the owner; occupant; or operator or manager. Failure to pay such costs and fines or to appeal pursuant to section 90-38 within fifteen (15) days of receipt of the notice shall result in the imposition of a lien upon the property, in the amount of such costs and fines. Such liens shall be treated as special assessment liens against the subject real property and, until fully paid and discharged, shall remain liens equal in rank and dignity with the lien of ad valorem taxes, and shall be superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved. Such liens shall be enforced by any of the methods provided in Ch. 86, Florida Statutes; or, in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of Ch. 173; Florida Statutes; or the collection and enforcement or payment thereof may be accomplished by any other method authorized by law. The owner; occupant; or operator or manager shall pay all costs of collection, including reasonable attorneys fees incurred in the collection of fines, and other charges, penalties, and liens imposed by virtue of this chapter. (2) For violations of this chapter for which no fine is specified in sections 90-39 and 90-40, the city attorney may prosecute the violators pursuant to section 1-14. Fines for such offenses shall be as follows: a. First offense, $350.00. b. Second offense, $500.00. c. Third offense, $1 ,000.00. fL. Fourth or subsequent offense, $5,000.00. (3) For violations which present a serious threat to the health, safety or welfare of the public and/or violations that are continually repeated constitute a fourth or subsequent offense by the same violator, the city attorney may seek injunctive relief and/or, in the case of commercial establishments, revoke the business tax receipt and/or certificate of use of the establishment and/or premises, in addition to the penalties set forth in sec. 90-37(2), 4 264 Sec. 90-38. Appeal to special master. (a) Any person receiving a notice of violation pursuant to section 90-36 and/or g_notice of fine pursuant to section§ 90-39 and/or 90-40 may request, within fifteen (15) days of receipt of the notice, an administrative hearing before a special master, appointed as provided in article II of chapter 30, to appeal the decision of the city inspector resulting in the issuance of the notice. Procedures and application fee for the scheduling and conduct of the hearing shall be as provided in sections 102-384 and 102-385. Failure to appeal within the prescribed time period shall constitute a waiver of the violator's right to an administrative hearing. A waiver of the right to an administrative hearing shall be treated as an admission of the violation, as noticed, and fines and penalties may be assessed accordingly. (b) Timely filing of a notice of appeal pursuant to this section shall toll the imposition of a lien pursuant to section 90-37 or 90-136, or enforcement procedures pursuant to section 90- 36, until thirty (30) days after the issuance of a written determination by the special master. Any amounts of money due the city pursuant to such determination must be received by the city within thirty (30) days after the issuance of the determination, or a lien shall be imposed upon the property in question, and any other enforcement or collection procedures commenced, as provided by this chapter or under state law. SECTION 3. That Article V, to be entitled "Citywide Recycling Program for Multifamily Residences and Commercial Establishments," of Chapter 90 of the Miami Beach City Code, entitled "Solid Waste," is hereby created as follows: CHAPTER 90 SOLID WASTE * * * ARTICLEV. CITYWIDE RECYCLING PROGRAM FOR MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS Sec. 90-340. Recycling program and separation of recyclable materials from solid waste stream required for multifamily residences of nine (9) dwelling units or more; owner/association liability; recycling contractors' assistance. (a) As of Januarv 1. 2013. everv multi-family residence of nine (9) dwelling units or more shall provide a recycling program pursuant to this section or a City approved modified recycling program pursuant to section 90-345. The property owner shall be liable for the failure to provide a recycling program or a modified recycling program approved by the City, provided, however. that a condominium or cooperative apartment having a condominium association or a cooperative apartment association shall be liable. rather than the individual unit owner(s). for a violation of this subsection. Further. recycling contractors shall assist and provide written notice to the director of public works in identifying multifamily residences subject to this article which do not have a recycling program or. in the alternative. which have allowed a recycling program to lapse or expire. 5 265 (b) As of January 1, 2013, every multifamily residence of nine (9) dwelling units or more shall be required to use a single stream recycling process to separate, from all other solid waste, the five (5) following recyclable materials: 1l Newspaper. Used or discarded newsprint. including any glossy inserts; .f). Glass. Glass jars, bottles, and containers of clear, areen or amber (brown) color of any size or shape used to store and/or package food and beverage products for human or animal consumption, and/or used to package other products, which must be empty and rinsed clean of residue. This term excludes ceramics, window or automobile glass, mirrors, and light bulbs; ~ Metal food and beverage containers. All ferrous and nonferrous (i.e., including, but not limited to, steel. tin-plated steel. aluminum and bimetal) food and beverage containers (i.e., including, but not limited to, cans, plates, and trays) of any size or shape used to store and/or package food and beverage products suitable for human or animal consumption, which must be empty and rinsed clean of residue; ~ Other metal containers. All other ferrous and non ferrous containers used to package household products including, but not limited to, paint cans and aerosol cans, which must be empty and rinsed clean of residue; §.1 Plastics. All high density polyethylene (HOPE) and/or polyethylene terephthalate (PET) bottles, jugs, jars, cartons, tubs, and/or other containers, and lids, of any size or shape used to package food, beverages, and/or other household products, or crankcase oil. which must be empty and rinsed clean of residue. This term excludes all plastic film, plastic bags, vinyl, rigid plastic (i.e., toys), and plastic foam materials; and (c) Everv multifamily residence of nine (9) dwelling units or more shall be serviced by a recycling contractor licensed by the city and state. Sec. 90-341. Recycling program and separation of recyclable materials from solid waste stream required for commercial establishments; joint and several liability; recycling contractors' assistance. ~ As of January 1, 2013, every commercial establishment shall provide a recycling program pursuant to this section or a City approved modified recycling program pursuant to section 90-345. The failure of a commercial establishment to provide a recycling program or a modified recycling program shall result in joint and several liability for the property owner(s) and the owner(s) and operator(s) of the commercial establishment. Further, recycling contractors shall assist and provide written notice to the director of public works in identifying commercial establishments which do not have a recycling program or, in the alternative, which have allowed a recycling program to lapse or expire. {Q1 As of January 1, 2013, every commercial establishment shall be required to use a single stream recycling process to separate, from all other solid waste, three (3) of the following seven (7) recyclable materials. 6 266 1l Newspaper. Cardboard. Magazines. and Catalogues. Telephone Books and/or Directories. and Office Paper. As defined, but not limited to, the same type(s) of recyclable materials as provided in Section 90-340(b)(1); -'l Glass. As defined and including the same type(s) of recyclable materials as provided in Section 90-340(b)(1)(2); ~ Metal food and beverage containers. As defined and including the same type(s) of recyclable materials as provided in Section 90-340(b)(3); i} Other metal containers. As defined and including the same type(s) of recyclable materials as provided in Section 90-340(b)(4), but also, for purposes of this subsection (4), including scrap metal, which shall mean used or discarded items suitable for recycling, consisting predominantly of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel or alloys thereof including, but not limited to. bulk metals such as large metal fixtures and appliances (including white goods such as washing machines, refrigerators, etc.), but excluding metal containers utilized to store flammable or volatile chemicals, such as fuel tanks; §l Plastics. As defined and including the same type(s) of recyclable materials as provided in section 90-340(b)(5); §l Textiles; Zl Wood. Clean wood waste and/or pieces generated as by-products from manufacturing of wood products. It excludes clean yard waste and clean waste (i.e. natural vegetation and minerals such as stumps, brush, blackberry vines, tree branches, and associated dirt, sand, tree bark, sand and rocks), treated lumber. wood pieces, or particles containing chemical preservatives, composition roofing, roofing paper, insulation. sheetrock, and glass, .(9. Every commercial establishment shall be serviced by a recycling contractor licensed by the city and state. Sec. 90-342. Unauthorized collection of designated recyclable materials. Only those recycling contractors that have been authorized and licensed by the city and the state to collect designated recyclables in the city shall be authorized to collect recyclable materials under this article. All recycling contractors shall comply with all applicable state and city laws and regulations. Sec. 90-343. Public education program; requirements for recycling contractors; warning period; enforcement date. 21 Beginning June 1, 2012, the city shall engage in public education efforts and the city shall not prosecute individuals who unknowingly fail to provide a recycling program or a city approved modified recycling program, or unknowingly fail to separate 7 267 recyclable materials from all other solid waste materials required to be separated by this article, until as provided in subsections (c) and (d) of this section. Ql All recycling contractors must appropriately designate the recycling collection containers they provide to customers. The containers must contain the appropriate signage and information, as shall be established and approved by the city pursuant to subsection (c) below, that allows users to clearly and easily identify the container for recycling. fl Beginning January 1, 2013. the city shall provide for a six (6) month warning period, through and including December 31, 2012, in which warning tickets shall be issued to persons who fail to provide a recycling program. or a City approved modified recvcling program. or fail to separate recyclable materials from all other solid waste materials. regardless of knowledge or intent. Ql Beginning July 1, 2013. this article shall be enforced and penalties shall be applied and imposed for violations of this article as provided in sections 90-345 and 90-346. Sec. 90-344. Modified recycling programs . .@). Recycling programs which incorporate modifications. substitutions or reductions to the requirements of Sections 90-340 and 90-341 may be submitted to the city's public works director ("director") for approval. Approval. rejection, or approval with conditions of the proposed modified recycling program shall be determined by the director. The director shall consider the following factors in evaluating the proposed modified recycling program: ill Whether the establishment operates a recycling program, and is self-hauling the materials to a recyclable material vendor. ill Whether the establishment generates a lesser number of recyclable materials than the required minimum types of recyclables required in Sections 90-340 or 90-341, as applicable . .Ql Whether the establishment generates and recycles materials not listed in Section 90-340 or Section 90-341 , as applicable . .(i} Whether the establishment is contracting with a permitted private hauler for collection services, which services provide for a post-collection separation of recyclable material. and which: ill generate recyclable materials which comply. in kind and quantity. with the recycling requirements provided for in Section 90-340 or Section 90-341, as applicable; and illl utilize a materials separation facility which is permitted in accordance with all applicable federal. State and local laws . .(Ql Any person seeking approval of a modified recycling program shall submit an application in such form as is prescribed by the director. All modified recycling programs shall be 8 268 reviewed on an annual basis and applicants shall be required to confirm or revise the information contained in their applications at that time. An application for approval of a modified recycling program shall include. but not be limited to. the following documentation. as appropriate to the specific application: ill Supporting documentation to evidence self-haul activities. which shall include proof of source-separation activities and copies of receipts from recyclable material purchasers. m_ A waste composition study of the waste generated by the applicant. which shall cover a representative time period of no shorter than one ( 1) week . .@l A copy of the applicable contract with a post-collection separation facility, specifying materials and volumes recycled which are attributable to the applicant. Sec. 90-345. Enforcement. (a) The city manager is hereby authorized and directed to enforce all the provisions of this article regulating and governing the accumulation. collection. recycling. and disposal of recyclable materials. The city manager shall have the power to delegate duties to employees working under his authority in the enforcement of the provisions of this article. (b) Whenever a designated city inspector observes a violation(s) of this article. or an accumulation of recyclable materials that creates a health hazard. environmental hazard. or nuisance. the inspector shall order the violation(s) to be corrected within a specified period of time by serving a written notice of violation(s) upon the property owner or upon the manager or other person in charge. Such person(s) shall immediately cease or abate the violation(s). (c) If the inspector determines that the conditions constitute an immediate threat to the health. safety or welfare of the public. the inspector may order the immediate correction of the violation(s) at the expense of the property owner. manager. or other person in charge. and the city shall have the right to recover such expenses as provided in section 90-37(1). (d) A notice of violation shall be served personally or by certified mail upon the property owner. or upon the manager or other person in charge of the premises. If the person addressed with such notice cannot be found by the city after making a reasonable good faith effort. such notice shall be sent by certified mail to the last known address of such person. and a copy of the notice shall be posted in a conspicuous place on the premises. Such notice shall be deemed the equivalent of personal service. (e) Beginning July 1. 2013. violators of sections 90-340 and 90-341 shall be issued one warning and shall correct the violation within 30 days. If the violation is not corrected within 30 days. a notice of violation shall be issued. After one warning, violators of sections 90-340 and 90-341 shall be issued a notice of violation. All notices of violations shall specify any fine or penalty that may be due in connection with the violation(s). the time specified by the inspector to correct the violation(s}. and the procedure for timely payment or appeal of the fine or penalty. 9 269 Sec. 90-346. Penalties for violations of this article; removal of recyclable materials by city; liens imposed for failure to pay fines or appeal . .(ill Penalties for violations of sections 90-340(a) and 90-341 (a) shall be as follows: (1) For the first violation, a fine of $350.00. (2) For the second violation. a fine of $500.00. (3) For the third violation, a fine of $1000.00. (4) For the fourth violation. a fine of $2.500.00. {Ql The penalty for violation of sections 90-340(b) and 90-341 (b) shall be as follows: {fl violation. ill For the first violation, no fine. ill For the second or subsequent violations. a fine of $100.00. The penalty for all other violations of this article shall be $250.00 for each @ Any penalty due pursuant to this article shall be charged to the person or entity as provided in section 90-340(a) or section 90-341 (a). Failure to pay such costs and penalties, or to appeal pursuant to section 90-347 within fifteen (15) days of receipt of the notice of violation shall result in the imposition of a lien upon the premises. in the amount of such costs and penalties. Such liens shal.l be treated as special assessment liens against the subject real property and. until fully paid and discharged, shall remain liens equal in rank and dignity with the lien of ad valorem taxes. and shall be superior in rank and dignity to all other liens, encumbrances. titles and claims in, to or against the real property involved. Such liens shall be enforced by any of the methods provided in Ch. 86, Florida Statutes: or, in the alternative. foreclosure proceedings may be instituted and prosecuted under the provisions of Ch. 173; Florida Statutes; or the collection and enforcement or payment thereof may be accomplished by any other method authorized by law. The owner. occupant. operator, or manager of the premises shall pay all costs of collection. including reasonable attorneys fees incurred in the collection of fines. and other charges, penalties, and liens imposed by virtue of this chapter. ,(§1 For violations which (i) present a serious threat to the health. safety or welfare of the public, and/or (ii) constitute a fourth or subsequent offense by the same violator under section 90-346(a). the city may seek injunctive relief and/or. in the case of commercial establishments, revoke the business tax receipt and/or certificate of use of the establishment and/or premises. in addition to the penalties set forth in section 90-346(a), (b), or (c), as applicable. Sec. 90-347. Appeal to Special Master. (a) Any person receiving a notice of violation pursuant to this article may request. within fifteen (15) days of receipt of the notice. an administrative hearing before a special master, appointed as provided in article II of chapter 30. to appeal the decision of the city inspector 10 270 resulting in the issuance of the notice. The procedures and application fee for the scheduling and conduct ot' the hearing shall be as provided in sections 102-384 and 102-385. Failure to appeal within the prescribed time period shall constitute a waiver of the violator's right to an administrative hearing. A waiver of the right to an administrative hearing shall be treated as an admission of the violation. and fines and penalties may be assessed accordingly. (b) Timely filing of a notice of appeal pursuant to this section shall toll the imposition of a lien or enforcement procedures pursuant to section 90-347. until thirty (30) days after the issuance of a written determination by the special master. Any costs or penalty amounts due the city pursuant to such determination must be received by the city within thirty (30) days after the issuance of the determination. or a lien shall be imposed upon the premises. and any other enforcement or collection procedures may be commenced. as provided by this chapter or under state law. 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, 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 6. 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 7. EFFECTIVE DATE. This Ordinance shall take effect the day of--------' 2011. PASSED and ADOPTED this day of-------' 2011. ATTEST: MAYOR MATTI HERRERA BOWER RAFAEL E. GRANADO, CITY CLERK Underline denotes additions and Strike through denotes deletions. F:\A TTO\TURN\ORDINANC\Recycling Program Ordinance 2012.docx 11 271 <9 MIAMI BEACH Attachment B Recycling Ordinance Fiscal Analysis • 1 Full-time & 1 Part-time Sustainability Officers EXPENDITURES Staffing Hourly Rate Hours # Salary Pension Medicare Health OT Holiday Pay Uniforms Total FT -Sustainability Officer $ 20.09 2,080 1 $ 41,787.20 $ 845 $ 605.91 $2,487 6,257 $ 592.20 $ 921.32 $53,495 PT -Code Compliance Off. $ 20.09 1,534 1 $ 30,818.06 $ 770 $ 446.86 $0 0 $ 600.00 $32,635 TOTAL C).J0"1 1 $41,787 $845 $606 $2,487 6,257 $592 $921 $53,495 On-Going Operating Expenditures Cost I unit # Fuel, Maintenance & Insurance $ 6,505 2 $ 13,010.00 ~13,010 Office Supplies $ 463 2 $ 926.00 $926 TOTAL $ 13,936.00 13,936 One-Time Expenditures Cost/ unit # TOTAL ANNUAL I $67,431 I N Vehicles -Ford Focus $ 13,133 2 $ 26,266.00 EXPENDITURES ...... N Furniture, Fixtures & Equipment $ 1,000 2 $ 2,000.00 Computers and Software $ 4,269 2 $ 8,538.00 (Data provided by IT) Plus 1st Year Start-Up Costs I $36,804 I TOTAL $ 36,804 TOTAL-First Year I $104,235 I COMMISSION ITEM SUMMARY Condensed Title: Chapter 118, "Administration and Review Procedures," by creating a new Article XII, "Maintenance and Security Bonds," establishing definitions and requirements for property owners applying for development review approval for substantial construction work to ensure that their properties are properly maintained and secured until completion of work. Key Intended Outcome Supported: Maintain strong growth management policies. 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: Should the City Commission amend the City Code to require a Maintenance and Security Bond for qualif in ro·ects? Item Summary/Recommendation: FIRST READING The proposed ordinance is designed to require property owners who seek Development Review Board or Planning Department approval for qualifying projects to submit a bond, or other approved instrument, to the City prior to such approval, thus providing a mechanism for the City to draw upon the funds, if necessary, for the purpose of lot clearance, boarding and fencing. At the May 18, 2011 Land Use and Committee meeting, the Committee requested to forward to the Planning Board for its review and recommendation an ordinance amendment that would require property owners to post a Maintenance Security Instrument for qualifying projects. The Administration recommends that the City Commission adopt the proposed ordinance on second reading and public hearing. Advisor Board Recommendation: At its March 27, 2012 meeting, the Planning Board reviewed the proposed ordinance and by a vote of 6-1 recommended that the Cit Commission a rove the ordinance. Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total 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 determined that there will not be a significant measurable impact on the City's budget by enacting the proposed ordinance. The proposed ordinance may help to eliminate or reduce the need for the City to advance funds for these purposes. MlAMIBEACH 273 City Manager AGENDA ITEM RS G--- DATE S?-9-f z._ lrl MIAMI BEACH 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: SUBJECT: May 9, 2012 First Reading AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," BY CREATING A NEW ARTICLE XII, "MAINTENANCE AND SECURITY BONDS," ESTABLISHING DEFINITIONS AND REQUIREMENTS FOR PROPERTY OWNERS APPLYING FOR DEVELOPMENT REVIEW APPROVAL FOR SUBSTANTIAL CONSTRUCTION WORK TO ENSURE THAT THEIR PROPERTIES ARE PROPERLY MAINTAINED AND SECURED UNTIL COMPLETION OF WORK; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the proposed Ordinance upon second reading public hearing. BACKGROUND On March 22, 2010, the Land Use and Development Committee discussed how to further enhance the monitoring and management of vacant properties on the 300 Block of Ocean Drive within the current means of the City until such time as the domestic economy recovers and positive private redevelopment of these properties resumes. During this discussion staff was directed to research what other communities currently have provisions to require maintenance bonds. According to City of Miami Beach Code, Sections 58-300 and 58-301, the City may take action to remedy unsanitary conditions within vacant properties and may secure vacant buildings including securing the property with a fence and boarding up unsecured openings. Currently, if a property owner fails to respond to notice of violation as specified in Sections 58-300 and 58-301, the City may perform the required remediation and file a lien against the property for the cost of work, fees and penalties. An ordinance requiring a maintenance bond or security for certain projects prior to building permit 274 Commission Memorandum of May 9, 2012 Maintenance Bond Ordinance Page 2 of3 and/or extension of time, may help to eliminate or reduce the need for the City to advance funds for these purposes. On July 26, 2010, the Land Use and Development Committee discussed the potential adoption of an ordinance requiring a Maintenance Bond or Security Instrument to ensure construction meets property maintenance and security standards. During this discussion staff was directed to work with the Building Department and Code Compliance in order to determine potential security amounts for various project types. On March 16, 2011, the Land Use and Development Committee discussed the potential adoption of an ordinance requiring a Maintenance Bond or Security Instrument. At the May 18, 2011 Land Use and Committee meeting, the Committee referred an ordinance amendment that would require property owners to post a Maintenance Security Instrument for qualifying projects. At its March 27, 2012 meeting, the Planning Board held a public hearing and voted in favor (6-1) of recommending that the Mayor and City Commission approve an ordinance amending the Land Development Regulations of the City Code by creating a new article, "Maintenance and Security Bonds." In addition, the Planning Board voted to recommend that the proposed ordinance be amended to clarify that a 'Contributing' building or structure refers to buildings listed on the National Register of Historic Places as well as those listed within locally designated historic districts or sites. ANALYSIS The Planning Department, in close consultation with the Building Department and Code Compliance, has developed details with regard to a potential Ordinance which would require a Maintenance and Security Bond for certain qualifying projects which require Development Review Board approval and for qualifying projects which are approved at an Administrative level. The determination of the proposed bond amount is based upon a number of factors, including the average, typical cost incurred by the City over time for site security, fencing and gates, lot clearance and mowing, and the limited boarding up of window and door openings of abandoned properties, all of which can be recurring. The square footage of the property (lot) for proposed development was also taken into consideration when developing the proposed security amounts. The cost was determined to be higher for properties containing a structure listed as 'Contributing' within an historic district, or properties containing an individually designated historic structure, due to the protection of significant historic architectural features. In addition, it is necessary to secure all openings including those above the ground floor and open stair bulkheads of historic buildings to protect the integrity of the structures. This may include using concrete block to secure openings that have been continuously breeched. The $4,000 -$20,000 Range of Recovery has been carefully analyzed by Planning Staff. All available Building Department data regarding costs the City has incurred with regards to Board-Up, Fencing and Lot Clearance has been reviewed. Three years of invoices were analyzed, with the peak amounts paid by the City occurring in FY 2009-2010. Planning staff calculated the average and median cost to the City for FY 2009-2010 per property according to the parcel square footage and historic status (these figures take into consideration that a single property may be serviced more than once per year). It is 275 Commission Memorandum of May 9, 2012 Maintenance Bond Ordinance Page 3 of3 important to note that these costs are for Board-Up, Fencing and Lot Clearance only. The bond amounts listed in this ordinance are not intended for structural or other building repair, emergency shoring and bracing or emergency demolition. SUMMARY The proposed ordinance will clearly have a limited financial impact upon proposed development projects within the City. However, the Administration believes that the ordinance as proposed addresses many of the problematic issues and concerns identified by the Land Use Committee and Planning Board and may greatly assist in reducing uncontrolled deterioration or illegal access to buildings and sites that have been vacated. FISCAL IMPACT In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there will not be a significant measurable impact on the City's budget by enacting the proposed ordinance. In FY 2009-2010, the City spent $18,801.50 for the Lot Clearance (cleaning, mowing, pool maintenance) of properties and $140,296.68 for the boarding up and fencing of vacant properties, for a total of $159,098.18. The proposed Maintenance and Security Bond would require property owners who seek Development Review Board or Planning Department approval for qualifying projects to submit a bond to the City prior to such approval, thus providing a mechanism for the City to draw upon the funds, if necessary, for the purpose of lot clearance, boarding and fencing. The proposed ordinance may help to eliminate or reduce the need for the City to advance funds for these purposes. CONCLUSION The Administration recommends that the City Commission adopt the Ordinance upon second reading public hearing. JMG:JGG:R~HC~ T:\AGEN DA\201215-9-12\Maintenance Bond_Memo.doc 276 ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," BY CREATING A NEW ARTICLE XII, "MAINTENANCE AND SECURITY BONDS," ESTABLISHING DEFINITIONS AND REQUIREMENTS FOR PROPERTY OWNERS APPLYING FOR DEVELOPMENT REVIEW APPROVAL FOR SUBSTANTIAL CONSTRUCTION WORK TO ENSURE THAT THEIR PROPERTIES ARE PROPERLY MAINTAINED AND SECURED UNTIL COMPLETION OF WORK; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach has the authority to enact laws which promote the public health, safety and general welfare of its citizens; and, WHEREAS, the City of Miami Beach has determined that the presence of abandoned properties poses a health and safety risk to the citizens of Miami Beach; and, WHEREAS, the City Commission finds that the detrimental effects of abandoned properties include neighborhood decline, attractive public nuisance, mosquito and animal control problems, and increased crime ; and, WHEREAS, many abandoned properties are the responsibility of owners, lenders, trustees and others who cannot be found, cannot be reached by local legal process, or for other reasons fail or refuse to satisfy their responsibilities as to such abandoned properties, including, without limitation, their responsibilities to adequately maintain and secure these properties; and, WHEREAS, the amendments set forth below to the City Code are necessary to address the above problems; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. Subpart B, "Land Development Regulations", Chapter 118, "Administration and Review Procedures", of the City Code is hereby amended by the enactment of a new Article XII entitled "Maintenance and Security Bonds", as follows: 277 ARTICLE XII. MAINTENANCE AND SECURITY BONDS Sec. 118-801. -Purpose and Intent Unsecured, vacant. neglected. unmaintained. and abandoned sites and buildings present a danger to the health, safety. morals and welfare to the public. and the safety and to the welfare of public safety officers. and as such. constitute a public risk. hazard or nuisance. This Article is enacted to promote the health, safety, morals and welfare of the public; to minimize hazards to public safety personnel inspecting or entering such sites and buildings; and to prevent unauthorized persons from gaining access to such sites and buildings. This Ordinance is intended to secure a fund for advance payment for reimbursable maintenance and security actions taken by the City pursuant to City of Miami Beach Code Chapter 58. Article Ill or Miami-Dade County Code 8-5 (f). The Maintenance and Security Bond shall not be subject to call by the City or its designee for structural or other building repair, emergency shoring and bracing or emergency demolition. Sec. 118-802. -Definitions Extension of Time means a modification of a condition in a Land Use Board Final Order that grants additional time to perform an act under the Final Order. Contributing Building means Final Order means the order of a Land Use Board on an application before it. Land Use Board means the Design Review Board. Historic Preservation Board. Board of Adjustment or Planning Board. Maintenance and Security Bond for the purpose of this Article means a securities instrument in a form approved by the City Attorney. which may be in the form of a bond. escrow agreement, certified letter of credit, or other instrument approved by the City Attorney. Qualifying Project means: any one of the following: (A) a project within an existing vacant building; (B) a project which requires a building to become vacant anytime before, during or after construction until such building has attained a Certificate of Completion or Certificate of Occupancy; (C) a new building construction project on one or more vacant lots; (D) a construction project that requires the removal of a substantial amount (50% or more) of the windows and/or exterior doors and/or the removal of sections of exterior walls that would enable unauthorized egress; (E) a construction project that requires substantial structural repairs. or substantial restoration and/or renovation; or (F) a construction project that requires substantial structural repairs that may result in a structure becoming unsecured or subject to the elements. including without limitation, the removal of all or a part of the roof. Qualifying Projects include 2 278 projects requiring review and approval by either a City Land Use Board. or the City Administration. or both. Vacant Building means a building or structure, or a substantial portion of a building or structure. or any incomplete building, or any building on which construction has begun. at which any one of the following conditions has existed for thirty or more consecutive days: (A) a lack of the habitual presence of human beings who have a legal right to be on the premises; CB) the cessation of substantially all lawful business or construction activity or residential occupancy; or (C) the substantial abandonment or absence of contents. Vacant Site means a lot on which there are no substantial permanent buildings that are in continuous and active use. Sec. 118-803. -Requirements (a) Evidence to be submitted and confirmed before processing and hearing. As part of an application for Land Use Board approval of a Qualifying Project, the applicant shall simultaneously file a letter and photographic evidence. respectively dated and taken not more than ten (1 0) days before such filing, verifying that the subject property. including its land and any and all buildings and structures. is being properly maintained, is secure and that there are no outstanding or current security issues or property maintenance violations that would constitute a public risk, hazard or nuisance. This evidence shall be confirmed by the Planning Director or designee to the extent possible pursuant to a windshield inspection of the property by City staff no more than fourteen (14) days prior to the date of the Land Use Board hearing or a Continuance of such public hearing. The burden of proof that the subject property is being properly maintained and is secure is the sole responsibility of the applicant. No application for a Land Use Board approval shall be finally processed, reviewed, or otherwise finally prepared for hearing by the Planning Department until such letter and evidence are placed in the related application file. (b) Requirement of filing and approval of Maintenance and Security Bond. As part of an approval by a Land Use Board for a Qualifying Project. the applicant shall file a bond or other security (hereinafter, a "Maintenance and Security Bond", which term includes both the initial Maintenance and Security Bond and any successor Maintenance and Security Bond), in form or substance approved by the City Attorney, to indemnify and hold harmless the City from and against costs and expenses incurred by the City in performing any of the actions described in City of Miami Beach Code Chapter 58, Article Ill or Miami-Dade County Code 8-5 (f). Such Maintenance and Security Bond shall be filed in compliance with the following requirements: 3 279 (1) The Maintenance and Security Bond shall be received by the Planning Director or designee, subject to City Attorney approval, within forty-five ( 45) days of the issuance of the Land Use Board Final Order. No related application, related building permit or related certificate or authorization shall be approved by the Planning Department until an approved Maintenance and Security Bond has been received by the Planning Director, or designee. (2) If the pending approval is an Administrative level approval, rather than a Land Use Board approval, no related application shall be approved by the Planning Department until an approved Maintenance and Security Bond has been received by the Planning Director, or designee. (3) If at any time the Maintenance and Security Bond is not maintained in full force and effect in compliance with the requirements of this Article XII, by either the applicant or any subsequent owner, the Building Permit and all construction work shall be suspended until such time as evidence of such compliance is furnished to the Planning Director or designee and approved by the City Attorney. A requirement to provide and maintain the Maintenance and Security Bond as provided in this Article XII, shall be a condition of the Final Order. ( 4) The bond or security shall be in an amount in accordance with the schedule as follows: Single Family Parcels within Miami Beach (located within RS 1 ,2,3,4) Parcel Size (sq ft) Security Amount-Non- Contributing/Non- Historically Designated Building or Structure less than 8,000 $4,000 greater than $5.000 8,000 4 280 Security Amount -Contributing Building or Structure (located within a locally designated or nationally listed historic district or site) $4,000 $5.000 Multi-Family and Commercial Parcels within Miami Beach Parcel Size (sq ft) Security Amount-Non-Security Amount-Contributing Contributing/Non-Building or Structure (located within Historically Designated a locally designated or nationally Building or Structure listed historic district or site) less than 8,000 $5.000 $9.000 $11.000 $10.000 $15.000 $20,000 8,0000 to 20,000 greater than 20.000 (5) The Maintenance and Security Bond shall be issued by a recognized licensed insurance or bonding company with offices in the State of Florida. a. as an alternate to a Maintenance and Security Bond which is issued by an insurance or bonding company, the applicant may submit another form of security subject to the written approval by the City Attorney. Such forms may include a certified letter of credit from a licensed financial institution with offices in the State of Florida. or escrow agreement providing for funds to be held by an attorney licensed in the State of Florida. a licensed financial institution with offices in the State of Florida or by the City. and such form shall be subject to call solely by the City; b. at the inception of the Maintenance and Security Bond. and throughout the period of its being in effect. the Maintenance and Security Bond shall be issued and maintained in full force and effect by the issuer. (6) In addition to the other requirements of this Article XII, the Maintenance and Security Bond shall: a. require its issuer to obtain written approval from the Planning Director thirty (30) days in advance of any proposed cancellation. reduction in the principal amount. or any other material change in the terms and conditions of the Maintenance and Security Bond; b. the issuer shall provide to the Planning Director or designee written justification for any proposed material change in the terms and conditions of the Maintenance and Security Bond; 5 281 c. require its issuer to maintain the Maintenance and Security Bond in full force and effect continuously until the issuance by the City of a final Certificate of Occupancy or Certificate of Completion; d. require its issuer to continue the Maintenance and Security Bond in full force and effect, notwithstanding the transfer of the property to a new owner. until the property transfer is complete and a new, approved Maintenance and Security Bond has been accepted by the Planning Director; and include such other provisions, consistent with this Article XII, as the Planning Director and/or City Attorney may reasonably require. taking into account applicable law and sound and customary bonding practices. (c) Extensions of Time ( 1 ) A Qualifying Project approved prior to the adoption of this Ordinance that requests an Extension of Time from a Land Use Board after this Ordinance is adopted will be required to file a Maintenance and Security Bond which complies with the requirements of this Article XII. (2) No Extension of Time shall be granted by a Land Use Board unless the applicant has furnished the Board with documentary evidence that a Maintenance and Security Bond that compiles with all the requirements of this Article XII either is in full force and effect or will automatically become effective upon the granting of the Extension of Time. (3) Any Extension of Time granted to a Qualifying Project as a result of authorized actions by non-City governmental authorities, shall required the filing of a Maintenance and Security Bond that compiles with the requirements of this Article XII if there is not already on file such a Maintenance and Security Bond. (d) Calls upon the Bond. The Maintenance and Security Bond shall be subject to call, either for its full principal amount or from time to time for a portion thereof. to fund action authorized by the City pursuant to Chapter 58, Article Ill, of this Code or section 8-5{f) of the Miami Dade County Code. (e) Transfer of the Property. In the event of any transfer of property to a new owner or to any subsequent new owner, no Land Use Board shall approve a modification to a Final Order recognizing such transfer unless the new property owner files, as part of its application for the reissuance or modification of the Final Order to reflect the new ownership, a successor Maintenance and Security Bond that fully complies with the requirements of this Article XII and which becomes fully effective upon such reissuance or modification. 6 282 (f) Any unexpended amount remaining of the security shall be released back to the person(s) posting the Maintenance and Security Bond or successors in interest or assigns upon the issuance of a final Certificate of Occupancy or Certificate of Completion. (g) All deficiencies in the Maintenance and Security Bond in covering the City's costs under Chapter 58, Article Ill. Division 3 of this Code, shall be a liability of the property owner and result in a lien for that amount assessed against the property as provided in City of Miami Beach Code Chapter 58, Article Ill or Miami-Dade County Code 8-5 (f). Providing a Maintenance and Security Bond under this Article does not relieve the owner(s) of the property of liability for costs incurred under City of Miami Beach Code Chapter 58, Article Ill or Miami-Dade County Code 8-5 (f). (h) Non-Prejudice of Other Rights of the City. Nothing in this Article XII shall be interpreted or applied to preclude or in any way limit the rights of the City to take any action against any property owner or any other responsible party, including without limitation the rights of the City to take its own abatement and remedial actions; to file actions and suits for collection, injunction, and other remedies as permitted by law; to cause the initiation of prosecutions for violations of any law, ordinance, or regulation; and to file. prosecute, foreclose upon. collect the proceeds of. or take any other action by lien or otherwise, as permitted by law. SECTION 8. 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 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, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 11. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. 7 283 PASSED AND ADOPTED this __ day of-------' 2012. ATTEST: CITY CLERK Verified by:----------- Richard G. Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language F:\T _Drive\AGENDA\2012\5-9-12\Maintenance Bond_ ORD.docx 8 284 MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 5'/7.//1- Date COMMISSION ITEM SUMMARY Condensed Title: An Ordinance OfThe Mayor And City Commission OfThe City Of Miami Beach, Florida, Amending Chapter 70 Of The Miami Beach City Code Entitled "Miscellaneous Offenses," By Amending Article II, Entitled "Public Places"; By Amending Division II, Entitled "Bicycling, Skateboarding, Roller Skating, In-Line Skating, And Motorized Means OfTransportation," By Amending Section 70-66, Entitled "Definitions," By Adding A Definition For Bicycle Path; And By Amending Section 70-67, Entitled "Prohibited Activities," By Amending The Prohibitions Regarding Motorized Means Of Transportation, Including Electric Personal Assistive Devices (Also Known As Segways), By Rewording The Provisions Therein And Conforming The Language To State Law; By Restricting The Speed Of Electric Personal Assistive Devices To Six (6) Mph On All City Sidewalks, Sidewalk Areas, And Bicycle Paths; And By Prohibiting The Operation Of Electronic Personal Assistive Mobility Devices On Interior Pathways Within South Pointe Park And Collins Park; By Amending Section 70-68, Entitled "Exemptions," By Exempting The Use Of Electric Personal Assistive Mobility Devices By City Police And City Contracted Services From The Restrictions Of Division II; By Amending Section 70-69, Entitled "Responsibilities Of Bicyclists And Skaters," By Adding Responsibilities For Persons Operating Electric Personal Assistive Mobility Devices; By Amending Section 70-70, Entitled "Penalties," To Provide For Responsibilities Of Businesses Providing Rentals And Tours Of Electric Personal Assistive Mobility Devices; By Creating Section 70-71, To Be Entitled "Penalties" To Provide Civil Penalties In Addition To Existing Non-Criminal Infraction Penalties For The Violation Of Certain Provisions In Chapter 70, Article II, Division II; Providing For Repealer; Severability; Codification; And An Effective Date. Issue: I Shall the Mayor and City Commission approve the Ordinance? Item Summary/Recommendation: In the interest of safety and in response to recurring complaints from residents, as well as observations regarding the use of Segways on the City's beachwalks, baywalks, cutwalks, sidewalks, and interior park pathways, the Administration recommends that the City Commission adopt an Ordinance regulating the maximum speed of rental Segways operating in the City to 6 MPH (the beginner factory setting currently available on Segways). The new proposed ordinance seeks to establish new regulations on Segways and businesses pmviding rental and tours of Segways. The new requirements include the following: 1. Requirement that Segways available for rental in the City be set at a maximum speed of 6 MPH (with certification of such provided by the BTR holder/rental company); and 2. Prohibition of the use of Segways in interior paths at South Pointe Park and Collins Park. 3. New responsibilities and insurance requirements for businesses providing Segway rentals and tours. It is recommended that the new Segway regulations be enforced through the City's Code Compliance Division. Provided the new regulations are adopted, staff will provide all licensed businesses currently providing Segway rentals and tours with copies of such regulations. Once the above new regulations have been adopted by way of an Ordinance, the City Administration will evaluate if regulating the maximum speed of Segways on sidewalks and pedestrian pathways is an effective safety measure, or if further Commission action is necessary. Such actions may include imposing additional regulations on the use of Segways, such as restricting the use of Segways on certain pathways, etc., during peak periods of pedestrian activity. City staff is engaging in an analysis of pedestrian use of the Beachwalk, Baywalk, Cutwalk, Lincoln Road and the west sidewalk of Ocean Drive to more accurately assess peak pedestrian activity. THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON FIRST READING. Advisory Board Recommendation: On March 27, 2012, the Neighborhood/Community Affairs Committee recommended an Ordinance requiring that rental Segways be set at a maximum speed of 6 MPH and prohibiting Segways in interior paths at South Pointe Park and Collins Park; the Transportation and Parking Committee passed a resolution supporting the NCAC recommendation at its April2, 2012 meeting. Financial Information: Source of ' Amount ··· >Account .· ., · .. · Funds: 1 OBPI Total Financial Impact Summary: The proposed Ordinance would not require additional staffing and would not have a fiscal impact on the City's budget. Enforcement would be with existing Code Compliance resources. Ci Clerk's Office Le islative Trackin C9 MIAMIBEACH .:Cifit)Manager JGG 285 AGENDA ITEM -~=;.:-I--­ DATE --=--1---4-1-- ~ MIAMI BEACH 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 FIRST READING DATE: May 9, 2012 SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE MIAMI BEACH CITY CODE ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE II, ENTITLED "PUBLIC PLACES"; BY AMENDING DIVISION II, ENTITLED "BICYCLING, SKATEBOARDING, ROLLER SKATING, IN-LINE SKATING, AND MOTORIZED MEANS OF TRANSPORTATION," BY AMENDING SECTION 70-66, ENTITLED "DEFINITIONS," BY ADDING A DEFINITION FOR BICYCLE PATH; AND BY AMENDING SECTION 70-67, ENTITLED "PROHIBITED ACTIVITIES," BY AMENDING THE PROHIBITIONS REGARDING MOTORIZED MEANS OF TRANSPORTATION, INCLUDING ELECTRIC PERSONAL ASSISTIVE DEVICES (ALSO KNOWN AS SEGWAYS), BY REWORDING THE PROVISIONS THEREIN AND CONFORMING THE LANGUAGE TO STATE LAW; BY RESTRICTING THE SPEED OF ELECTRIC PERSONAL ASSISTIVE DEVICES TO SIX (6) MPH ON ALL CITY SIDEWALKS, SIDEWALK AREAS, AND BICYCLE PATHS; AND BY PROHIBITING THE OPERATION OF ELECTRONIC PERSONAL ASSISTIVE MOBILITY DEVICES ON INTERIOR PATHWAYS WITHIN SOUTH POINTE PARK AND COLLINS PARK; BY AMENDING SECTION 70-68, ENTITLED "EXEMPTIONS," BY EXEMPTING THE USE OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES BY CITY POLICE AND CITY CONTRACTED SERVICES FROM THE RESTRICTIONS OF DIVISION II; BY AMENDING SECTION 70-69, ENTITLED "RESPONSIBILITIES OF BICYCLISTS AND SKATERS," BY ADDING RESPONSIBILITIES FOR PERSONS OPERATING ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES; BY AMENDING SECTION 70-70, ENTITLED "PENAL TIES," TO PROVIDE FOR RESPONSIBILITIES OF BUSINESSES PROVIDING RENTALS AND TOURS OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES; BY CREATING SECTION 70-71, TO BE ENTITLED "PENAL TIES" TO PROVIDE CIVIL PENAL TIES IN ADDITION TO EXISTING NON- CRIMINAL INFRACTION PENALTIES FOR THE VIOLATION OF CERTAIN PROVISIONS IN CHAPTER 70, ARTICLE II, DIVISION II; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the Ordinance on First Reading. 286 Commission Memorandum -Ordinance Regulating Speed of Segways May 9, 2012 Page 2 of 5 BACKGROUND In 2007, the City of Miami Beach (City) adopted the Atlantic Greenway Network (AGN) to create a safer environment for pedestrians and bicyclists. The AGN proposed a comprehensive network of pedestrian and bicycle facilities that provides direct access to important destinations within the City, linking residential neighborhoods, commercial centers, and parks. The Beachwalk, Baywalk, and Cutwalk corridors, as well as trails and pedestrian paths located within the interior of the City's parks, are a major component of the AGN system and facilitate the use of alternative and sustainable forms of transportation throughout the City. The urban, dense environment of Miami Beach leads to a high percentage of users competing for public space, including pedestrian pathways and sidewalks. Recently, this has also included the use of Electric Personal Assistive Mobility Devices (also known as Segways) along the City's Beachwalk, Baywalks, Cutwalks, Sidewalks, and interior park pathways. Recent complaints with regard to Segway use in the City have ranged from the speed at which the users pass pedestrians, often without any warning to the pedestrian; careless and reckless behavior by the users causing congestion and fear of injury on heavily traveled pedestrian walkways; and collisions with pedestrians causing serious personal injuries. There have been at least two accidents involving Segways and pedestrians that resulted in injuries requiring emergency assistance. In addition, there has been damage to public art in Collins Park caused by Segways. Current Regulations The current State Statute regulating personal assistive mobility devices, §316.008(7) of the Florida Statutes, requires the following: 1) if a person is operating the device on a sidewalk, the operator must yield the right-of-way to pedestrians and give an audible signal before overtaking and passing a pedestrian; 2) a person who is under the age of 16 years may not operate, ride or otherwise be propelled on an electric personal assistive mobility device unless the person wears a bicycle helmet that is properly fitted, that is fastened securely upon his or her head by a strap, and that meets the standards of the American National Standards Institute (ANSI Bicycle Helmet Standards), or any other nationally recognized standards for bicycle helmets which are adopted by the Consumer Product Safety Commission. Recently, at the City's request, the Florida Legislature passed House Bill 599 which amended §316.2068 of the Florida Statutes. The law will become effective on July 1, 2012 and authorizes municipalities to regulate the operation of electric personal assistive mobility devices on any road, street, sidewalk, or bicycle path under its jurisdiction if the governing body of the municipality determines that such regulation is necessary in the interest of safety. Sidewalks were added to the list of areas where local governments may regulate, but not prohibit, the use of Segways. In addition, municipalities are further authorized to control and regulate Segways pursuant to §316.008(7) of the Florida Statutes. This Section provides that a municipality may restrict the operation of electric personal assistive mobility devices, and other specified devices, on sidewalks or sidewalk areas when such use is permissible under federal law (e.g., when Segways are not operated on sidewalks adjacent to Federal-aid System Highways, in which case the Federal Highway Administration must issue a permit for motorized uses other than wheelchairs and electric bicycles). If speed is regulated by a municipal ordinance pursuant to this Section, the ordinance must restrict the speed of the device to a maximum speed of 15 miles per hour (MPH) in such areas. Pursuant to 23 U.S. C. § 217, electric personal assistive mobility devices are generally prohibited on any bicycle transportation and pedestrian walkway facility, including trails, funded under the Federal- aid highway funding program categories. An exception to the above prohibition is if a mobility device is used by persons with mobility related disabilities. A substantial portion of the City's existing 287 Commission Memorandum -Ordinance Regulating Speed of Segways May 9, 2012 Page 3 of 5 Beachwalk segments has been funded by the Transportation Enhancement Program (TEP), a Federal Highway Administration (FHWA) discretionary grant program administered locally by the Miami-Dade Metropolitan Planning Organization (MPO). As such, the City is in the process of confirming with FHWA -Florida Division whether the above federal regulations apply to the Beachwalks and other pedestrian ways in the AGN, as this would provide further regulation of the types of devices permitted thereon. At the January 19, 2012 joint meeting of the Neighborhood/Community Affairs Committee and Finance and Citywide Projects Committee, during the discussion on actions recommended to address issues that occur during major event periods (such as Memorial Day Weekend), a recommendation was made to regulate the speed of Segways available for rental in the City to a low setting. The Committee directed staff to proceed with any necessary legislation. This item was subsequently discussed at the meeting of the Neighborhood/Community Affairs Committee held on March 27, 2012. The Committee (Commissioners Libbin and Wolfson present) moved to have an Ordinance drafted and presented to the full City Commission requiring that Segways available for rental in the City be set at a maximum speed of 6 MPH (with certification of such provided by the Business Tax Receipt (BTR) holder/rental company) and prohibition of the use of Segways in interior paths at South Pointe Park and Collins Park. Further, the Transportation and Parking Committee met on April 2, 2012 and passed a motion concurring with the City in regulating Segway speed limits to a maximum of 6 MPH. ANALYSIS The Administration recently contacted Segway, Inc., the sole manufacturer of Segway products, to inquire regarding the possibility of setting a maximum speed at which Segways can operate. Typically, Segway speeds are pre-set from the factory in two (2) distinct user settings: a "beginner" setting of 6 miles per hour (MPH) and an "advanced" setting of 12 MPH. The speed is adjustable between 4 MPH and 12.5 MPH in increments of 0.5 MPH. The absolute maximum speed at which Segways can operate is approximately 12.5 MPH. However, Segways can be set by the factory or an authorized dealer to operate up to any pre-set maximum speed through the use of the lnfokey Programming Tool. This tool allows an authorized dealer or Segway representative to lock in a top speed. An end user would then only be able to adjust the speed within the parameters set by the dealer/factory. For instance, if a dealer set the top speed of the Segway to 10 MPH, the end user would be able to adjust the speed between 4 MPH and 10 MPH in increments of 0.5 MPH; however, the user would not be able to exceed the maximum speed set by the dealer/factory. The lnfokey Programming Tool is currently only sold to authorized dealers and tour groups owned by Segway Inc. Currently, there are two authorized dealers in South Florida and one Segway Authorized Tour/Representative in Miami Beach which have access to the lnfokey Programming Tool necessary to adjust maximum speeds on Segways. City staff has confirmed that five (5) Business Tax Receipts (BTRs) have been issued for the rental of Segways in the City; two additional BTRs have applications pending. The total number of Segways currently available for rental by Businesses with active BTRs for Segway rentals and tours is 75. The City does not regulate the total number of actual Segways that the businesses may have available for rental. Some Segway rental companies provide tours of the City, and these often involve six to seven individuals on Segways travelling in a tight group with a guide. 288 Commission Memorandum -Ordinance Regulating Speed of Segways May 9, 2012 Page 4 of 5 RECOMMENDATION In the interest of safety and in response to recurring complaints from residents, as well as observations regarding the use of Segways on the City's Beachwalks, Baywalks, Cutwalks, sidewalks, and interior park pathways, the Administration recommends a two-prong approach to addressing the issue of Segway speeds and use in the City. As a first step, and in the interest of safety due to the proliferation of Segway users that endanger and disrupt pedestrian traffic on sidewalks and other pedestrian pathways, the Administration recommends that the Miami Beach City Commission adopt an Ordinance regulating the maximum speed of rental Segways operating in the City to 6 MPH (the beginner factory setting currently available on Segways). The proposed Ordinance would amend the City Code to require that each BTR holder, currently providing Segway rentals in the City, provide documentation to the City certifying that each Segway used for rental purposes has been pre-set to a maximum speed of 6 MPH, as a condition of obtaining/renewing a BTR. Further, BTR holders providing Segway rental and tours would be required to comply with higher general liability insurance requirements, among other responsibilities further described below. In addition, in response to concerns with the use of Segways in interior park pathways, the proposed Ordinance would prohibit the use of Segways in interior pathways of South Pointe Park and Collins Park. It is recommended that the new Segway regulations be enforced through the City's Code Compliance Division. Provided the new regulations are adopted, staff will provide all licensed businesses currently providing Segway rentals and tours with copies of such regulations. Once the above new regulations have been adopted by way of an Ordinance, the City Administration will evaluate if regulating the maximum speed of Segways on sidewalks and pedestrian pathways is an effective safety measure, or if further Commission action is necessary. Such actions may include imposing additional regulations on the use of Segways, such as restricting the use of Segways on certain pathways, etc., during peak periods of pedestrian activity. City staff is engaging in an analysis of pedestrian use of the Beachwalk, Baywalk, Cutwalk, Lincoln Road and the West sidewalk of Ocean Drive to more accurately assess peak pedestrian activity. PROPOSED ORDINANCE The proposed Ordinance will amend Sections 70-66, 70-67, 70-68, 70-69, and 70-70 of the current City Code and create a new Section 70-71. In essence, the proposed Ordinance consists of the following regulations: 1. Requirement that Segways available for rental in the City be set at a maximum speed of 6 MPH (with certification of such provided by the BTR holder/rental company); and 2. Prohibition of the use of Segways in interior paths at South Pointe Park and Collins Park. 3. New responsibilities and insurance requirements for businesses providing Segway rentals and tours. In particular, the proposed Ordinance consists of the following changes to the City Code: 289 Commission Memorandum -Ordinance Regulating Speed of Segways May 9, 2012 Page 5 of 5 • Section 70-66 of the Code is being revised to include a definition for "bicycle path" which includes the City's coastal pathways, beachwalk, baywalk, and cutwalk that are within the Atlantic Greenway Network. • Section 70-67 of the Code is being revised to include a restriction on the maximum speed of electric personal assistive mobility devices to 6 MPH on sidewalk, sidewalk areas, and bicycle paths; and a prohibition of Segways on the interior pathways within South Pointe Park and Collins Park. • Section 70-68 of the Code is being revised to exempt Police Department electric personal assistive mobility devices from the proposed restrictions and new requirements. • Section 70-69 of the Code is being revised to include responsibilities of operators of electric personal assistive mobility devices. • Section 70-70 of the Code is being revised to include responsibilities of businesses providing rentals and tours of electric personal assistive mobility devices. New requirements include obtaining a BTR from the City pursuant to Chapter 1 02 of the City Code, providing certification from an authorized Segway dealer that the device has been set to a maximum speed of 6 MPH at the time of BTR application, general liability insurance requirements in the amount of $1 million, listing City of Miami Beach as additional insured, a waiver of liability from all renters, and renter acknowledgment of all applicable State laws, codes, and City regulations. • Section 70-71 of the Code is being added to reflect a penalty schedule for a violation of any of the above requirements. The penalties for each violation of the above proposed regulations are as follows: o $100 for the first offense o $250 for the second offense o $500 for the third offense o $1 000 for the fourth offense o Habitual offenders are subject to forfeiture of license FINANCIAL IMPACT Charter section 5.02 requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions." Staff has determined that there will not be a fiscal impact on the City's budget by enacting the proposed ordinance. The implementation of the proposed Ordinance would not require additional staffing. Enforcement of the proposed Ordinance would be achieved through the Code Compliance Department utilizing existing resources. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Ordinance on First Reading. JMG/HMF/FHB/~JRG T:\AGENDA\2012\5-9-12\Segways speed. MEMO 290 ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE MIAMI BEACH CITY CODE ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE II, ENTITLED "PUBLIC PLACES"; BY AMENDING DIVISION II, ENTITLED "BICYCLING, SKATEBOARDING, ROLLER SKATING, IN-LINE SKATING, AND MOTORIZED MEANS OF TRANSPORTATION," BY AMENDING SECTION 70-66, ENTITLED "DEFINITIONS," BY ADDING A DEFINITION FOR BICYCLE PATH; AND BY AMENDING SECTION 70- 67, ENTITLED "PROHIBITED ACTIVITIES," BY AMENDING THE PROHIBITIONS REGARDING MOTORIZED MEANS OF TRANSPORTATION, INCLUDING ELECTRIC PERSONAL ASSISTIVE DEVICES (ALSO KNOWN AS SEGWAYS), BY REWORDING THE PROVISIONS THEREIN AND CONFORMING THE LANGUAGE TO STATE LAW; BY RESTRICTING THE SPEED OF ELECTRIC PERSONAL ASSISTIVE DEVICES TO SIX (6) MPH ON ALL CITY SIDEWALKS, SIDEWALK AREAS, AND BICYCLE PATHS; AND BY PROHIBITING THE OPERATION OF ELECTRONIC PERSONAL ASSISTIVE MOBILITY DEVICES ON INTERIOR PATHWAYS WITHIN SOUTH POINTE PARK AND COLLINS PARK; BY AMENDING SECTION 70-68, ENTITLED "EXEMPTIONS," BY EXEMPTING THE USE OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES BY CITY POLICE AND CITY CONTRACTED SERVICES FROM THE RESTRICTIONS OF DIVISION II; BY AMENDING SECTION 70-69, ENTITLED "RESPONSIBILITIES OF BICYCLISTS AND SKATERS," BY ADDING RESPONSIBILITIES FOR PERSONS OPERATING ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES; BY AMENDING SECTION 70-70, ENTITLED "PENAL TIES," TO PROVIDE FOR RESPONSIBILITIES OF BUSINESSES PROVIDING RENTALS AND TOURS OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES; BY CREATING SECTION 70-71, TO BE ENTITLED "PENAL TIES" TO PROVIDE CIVIL PENAL TIES IN ADDITION TO EXISTING NON-CRIMINAL INFRACTION PENAL TIES FOR THE VIOLATION OF CERTAIN PROVISIONS IN CHAPTER 70, ARTICLE II, DIVISION II; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of Miami Beach seek to encourage the safe use of bicycle paths in the City; and to facilitate and balance the health, safety, and welfare interests of bicyclists, pedestrians, and others utilizing bicycle paths, sidewalks, and sidewalk areas in the City; and WHEREAS, the City of Miami Beach is an international tourist destination that attracts visitors from around the world year round which thereby significantly increases the use and congestion of the City's bike paths, sidewalks, and pedestrian ways; and WHEREAS, Section 316.2068(5) of the Florida Statutes was amended, effective July 1, 2012, to provide that a "municipality may regulate the operation of electric personal assistive 291 devices on any road, street, sidewalk, or bicycle path under its jurisdiction if the governing body of the ... municipality determines that regulation is necessary in the interest of safety"; and WHEREAS, municipalities are further authorized to control and regulate segways pursuant to Section 316.008(7) of the Florida Statutes, which provides that a municipality may restrict the operation of electric personal assistance mobility devices to a maximum speed of 15 miles per hour on sidewalks or sidewalk areas when such use is permissible under federal law (i.e., when such devices are not operated on sidewalks adjacent to Federal-aid System Highways, in which case the Federal Highway Administration must issue a permit for motorized uses other than wheelchairs and electric bicycles); and WHEREAS, the City's bicycle paths on the Beachwalk, Baywalk, Cutwalk, and the City's coastal pathways are within the Atlantic Greenway Network; and WHEREAS, due to the safety concerns and injuries already experienced on the City's heavily traveled bicycle paths and sidewalks, the Mayor and City Commission hereby determine that it is in the interest of public safety that electric personal assistive devices be limited to a maximum speed of six (6) mph on all City sidewalks, sidewalk areas, and bicycle paths; and WHEREAS, due to the congestion of interior pedestrian pathways within Collins Park and South Pointe Park, and physical damage to the public art work in Collins Park caused by persons on electric personal assistive devices, the Mayor and City Commission determine that, in the interest of safety, such devices should not be permitted in these areas. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Division II, entitled "Bicycling, Skateboarding, Roller Skating, In-Line Skating, and Motorized Means of Transportation," of Article II, entitled "Public Places," of Chapter 70, entitled "Miscellaneous Offenses," of the Miami Beach City Code is hereby amended as set forth below. Other sections in Division II are also provided for reference purposes. CHAPTER 70 MISCELLANEOUS OFFENSES * * * ARTICLE II. Public Places * * * DIVISION II. Bicycling, Skateboarding, Roller Skating, In-Line Skating, and Motorized Means of Transportation * * Sec. 70-66. Definitions. The following definitions are applicable to this division: 2 292 * Bicycle path means any road, path or way that is open to bicycle travel which road. path, or way is physically separated from motorized vehicular traffic by an open space or by a barrier and is located either within the highway right-of-way or within an independent right-of-way, and as defined and authorized by state law and the city code, and includes the city's coastal pathways, beachwalk, baywalk, and cutwalk that are within the Atlantic Greenway Network as set forth in Appendix A. Grinding means the process by which a skater or skateboarder attaches to a curb or rail and slides along the edge of the curb or rail. Launching means using any angled or elevated surface which the skater, skateboarder, or cyclist can jump from in order to get airborne. Rail sliding means [a process] similar to curb or edge grinding. Handrails are often used for rail sliding, in which the skater jumps to the top of the rail and slides down the decline. Stalling means the process by which a skater or skateboarder attaches to a curb or edge in the space between the second and third wheel of the in-line skate or any part of the skateboard. Sec. 70-67. Prohibited activities. * * * (b) It shall be unlawful for any person to engage in bicycling, roller skating, in-line skating, or skateboarding, or operating any motorized means of transportation, in. on. or upon any portion of the sidewalk on the west side of Ocean. Drive between South Pointe Drive and 15th Street at any time, except for wheelchairs or other motorized devices when used by disabled persons, in, on, or upon any portion of the sidewalk on the west side of Ocean Drive between Biscayne Street and 15th Street at any time. (c) It shall be unlawful to operate any motorized means of transportation in, on. or upon any sidewalk or sidewalk areas in the city, except for @.} wheelchairs or other motorized means of transportation devices when used by disabled persons, and (b) electric personal assistive mobility devices which shall be restricted to a maximum speed of six (6) miles per hour. in, on, or upon any side\valk or pedestrian 'Nalkway in the city. @ It shall be unlawful to operate an electric personal assistive device on any bicycle path in the City at a speed greater than six (6) miles per hour. tet.liU It shall be unlawful to grind, rail slide, launch, or stall on the skateboard, in-line skates, or roller skates or to engage in any other such type of activity which results in the damage of public or private property. ill It shall be unlawful to operate an electric personal assistive mobility device on interior pathways within South Pointe Park and Collins Park. Sec. 70-68. Exemptions. Police department bicycle, and in-line skate, and electric personal assistive device patrol units, city service vehicles, city-contracted security and maintenance services, service vehicles authorized by the city for use by city lessors. concessionaires, or other city contractors operating 3 293 pursuant to an agreement with the city, and the city-operated tram service shall be exempt from the restrictions of this division. Sec. 70-69. Responsibilities of bicyclists.~-aml skaters..-, and persons operating electric personal assistive mobility devices. (a) It shall be unlawful for any person to engage in bicycling, skateboarding, in-line skating, or roller skating in the following areas: 1. On the grounds of any public facility including, but not limited to, city hall, municipal parking garages, city police and fire stations, city public works yards, and historically designated properties. 2. On any public walls, ramps, fountains, or other fixtures or structures. (b) Bicycles shall not be chained or otherwise secured to any tree, fixture, or object which is not a bicycle rack on any portion of Lincoln Road or Ocean Drive. (c) Whenever any person is riding a bicycle, skateboarding, in-line skating, or roller skating, such person shall engage in such activity at a controlled speed which does not endanger the safety of pedestrians or others, shall yield the right-of-way to any pedestrian, and shall give an audible signal before overtaking and passing such pedestrian . .(Q} Whenever a person is operating an electric personal assistive mobility device, such person shall comply with all applicable state, county, and city regulations and laws. Sec. 70-70. Penalties Responsibilities of businesses providing rentals and tours of electric personal assistive mobility devices. l\ violation of any of the pro>lisions of this division shall be deemed a non criminal infraction as defined in F.S. §318.13(3) and shall be subject to the penalties set forth in F.S. §316.6555. Any person that rents, leases. or provides tours for electric personal assistive mobility devices shall: ill} Obtain a business tax receipt from the city pursuant to Chapter 1 02 of the City Code; .(Q} Provide a minimum of $1 ,000,000.00 in liability insurance coverage that includes the City of Miami Beach as a named insured; .(£} Provide a certificate from an authorized electric personal assistive mobility device dealer verifying that each device made available for rent. lease. or tour has been set to a maximum speed of six (6) mph; .(Q} Obtain a release of liability and hold harmless agreement. releasing and holding the City of Miami Beach harmless from liability signed by all renters of electric personal assistive mobility devices which release and hold harmless agreement shall be made available for inspection by the city at any time during business hours; and 4 294 @}. Provide all renters of electric personal assistive mobility devices with a copy of all applicable state and city laws, codes and regulations, the receipt of which shall be acknowledged by the renter. ill Comply with all administrative rules that may be established by the city regarding rental, leases. or tours of electric personal assistive mobility devices. Sec. 70-71. Penalties. {§} A violation of the provisions in Sections 70-67 and 70-69 shall be deemed a non-criminal infraction as defined in F.S. § 318.13(3) and shall be subject to the penalties set forth in F.S. § 316.655. 1.!2} A violation of the provision in Section 70-70 shall be enforced in accordance with the following procedures and penalties: .1. If a code compliance officer finds a violation of this chapter, the compliance officer shall issue a notice of violation to the violator as provided in chapter 30. The notice shall inform the violator of the nature of the violation, amount of fine for which the violator may be liable, instructions and due date for paying the fine, notice that the violation may be appealed by requesting an administrative hearing within 20 days after service of the notice of violation, and that failure to do so shall constitute an admission of the violation and waiver of the right to a hearing. 2. A violator who has been served with a notice of violation shall elect either to: .§.. Pay the civil fine as follows: (i) First offense ........................................... $100.00; (ii) Second offense ........................... : ........... $250.00; (iii) Third offense .......................................... $500.00; (iv) Fourth and subsequent offenses ................ $1 ,000.00; or .Q. Request an administrative hearing within 20 days before a special master appointed as provided in article II of chapter 30 to appeal the decision of the code compliance officer which resulted in the issuance of the notice of violation. _g. If the offense is a fourth or subsequent offense, it shall also be considered an habitual offender offense and, in addition to the penalty set forth in subsection 70-71 (b)(2)(a)(iv), the City Manager may issue an administrative complaint for the suspension or revocation of a business tax receipt and certificate of use as provided in sections 1 02-383 through 102-385. 3. If the named violator. after notice, fails to pay the civil fine or fails to timely request an administrative hearing before a special master. the special master shall be informed of such failure by report from the code compliance officer. Failure of the named violator to appeal the decision of the code compliance officer within the prescribed time period shall constitute a waiver of the violators right to administrative hearing before the special master. A waiver of the right to an administrative hearing shall be treated as an admission of the violation and penalties may be assessed accordingly. 295 4. Any party aggrieved by the decision of the special master may appeal the decision in accordance with law. 5. The city may institute proceedings in a court of competent jurisdiction to compel payment of civil fines. 6. A certified copy of an order imposing a civil fine may be recorded in the public records and thereafter shall constitute a lien upon any other real or personal property owned by the violator and it may be enforced in the same manner as a court judgment by the sheriffs of this state, including lew against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After two months from the filing of any such lien which remains unpaid, the city may foreclose or otherwise execute upon the lien . .{£} The procedures for appeal of the notice of violation by administrative hearing shall be as set forth in sections 1 02-384 and 1 02-385. 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 151 day of July, 2012. PASSED and ADOPTED this __ day of-------' 2012. ATTEST: RAFAEL E. GRANADO, CITY CLERK MA TTl HERRERA BOWER MAYOR Underline denotes additions and strike through denotes deletions 6 296 Atlantic Greenway Network: Coastal Pathways 297 Date: 02/28/2012 Appendix "A" THIS PAGE INTENTIONALLY LEFT BLANK 298 R7 RESOLUTIONS 299 COMMISSION ITEM SUMMARY Condensed Title: A public hearing to consider the appeal of the Design Review Board Order in File No. 22894 pertaining to the property located at 1 Washington Avenue -South Pointe Park and a Resolution setting forth an order [granting or denying] the appeal. Key Intended Outcome Supported: lncr~ase community satisfaction with recreational programs Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey results indicate 84.9% of residents rated the City's recreation programs either excellent or good. Issue: I Following the public hearing, shall the Mayor and City Commission grant or deny the appeal? Item Summary/Recommendation: PUBLIC HEARING At the direction of the City Commission, the City Administration, through the Parks and Recreation Department, submitted an application to the Design Review Board (DRS) for their review of the placement of a hedge at one of three suggested locations at South Pointe Park, to help better delineate the designated off-leash dog area there. The DRB considered this application at their March 6, 2012 meeting. Their order was subsequently issued on March 13, 2012, denying the administration's request for a hedge. At the March 21, 2012, City Commission meeting, the Commission directed the administration to appeal the ORB's Order. Pursuant to City Code Section 118-262, the City Manager of the City of Miami Beach, Florida, timely filed an appeal, thereby requesting the City Commission's review of the Design Review Board decision rendered on March 13, 2012 (DRB File No. 22894) pertaining to the requested design review approval for a hedge for a City Commission-designated off-leash dog area within South Pointe Park. At the April 11, 2012 meeting, the Mayor and City Commission set the public hearing for May 9, 2012 to review the appeal of the Design Review Board Order pertaining to DRB File No. 22894 - 1 Washington Avenue-South Pointe Park. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 I I 2 3 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Si n-Offs: Department Director Assistant City Manager City Manager KS HMF T:\AGENDA\2012\5-9-12\South Pointe Park ORB File No. 22894 Appeal-Commission Summary 5-9- .MIAMIBEAC'H 301 m ·MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov TO: ·FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manage~ May 9, 2012 · ·o U PUBLIC HEARING A PUBLIC HEARING TO CONSIDER THE APPEAL OF THE DESIGN REVIEW BOARD ORDER IN FILE NO. 22894 PERTAINING TO THE PROPERTY LOCATED AT 1 WASHINGTON AVENUE-SOUTH POINTE PARK; AND A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA SETTING FORTH AN ORDER [GRANTING OR DENYING] AN APPEAL REQUEST FILED BY THE CITY MANAGER OF THE CITY OF MIAMI BEACH, ON BEHALF OF THE CITY ADMINISTRATION, PERTAINING TO A DECISION OF THE DESIGN REVIEW BOARD ("ORB") FOR THE PROPERTY LOCATED AT 1 WASHINGTON AVENUE-SOUTH POINTE PARK (FILE NO. 22894). BACKGROUND Following City Commission discussion of the designated off-lease program at South Pointe Park, the City Commission directed the Administration to submit an application to the Design Review Board requesting their consideration of the proposed placement of a hedge in one of three possible locations for the designated off-leash area in South Pointe Park. On or about February 2, 2012, the City of Miami Beach Parks and Recreation Department submitted an application to the Design Review Board ("ORB") for design review approval of a ·small, low growing native hedge to define the boundaries of the off-leash area delineated by the City Commission within South Pointe Park. In its ORB application, the Administration proposed three alternate plans where the off-leash dog area with a hedge could be located within South Pointe Park. Proposed Areas 1 and 2 are located to the east of the Washington Avenue Plaza and south of the walkway that follows the berm. Area No. 1 is approximately 18,000. sq. feet (.41 acres) and Area 2, which includes Area 1, is approximately 34,000.00 sq. feet(. 78 acres). Area 3 is the area surrounding the lighthouse sculpture at the south and west end of the Park and is approximately 18,000 feet (.41 acres). On March 6, 2012, the ORB held a hearing on the Administration's application and on March 13, 2012, it rendered an Order imposing conditions that effectively denied the Administration's request for a hedge by stating "there shall be no hedge to define the area" and the off-leash area "shall not be located in area #3, surrounding the arts in public places 'lighthouse project'. " On March 21, 2012, the City Commission discussed an item referred by Commissioner Libbin regarding the ORB Order (agenda item R9F). The City Commission subsequently approved a motion directing the City Manager to file an appeal of the ORB order. 302 May9, 2011 City Commission Meeting Commission Memorandum-DRB File No. 22894, Appeal, 1 Washington Avenue, South Pointe Park. Pursuant to City Code Section 118-262, the City Manager, at the request of the City Commission, timely requested a review of the Design Review Board decision rendered on March 13, 2012 (ORB File No. 22894). On April 11, 2012, the City Commission set a public hearing for May 9, 2012 to review the decision of the ORB (agenda item C7D). Pursuant to Section 118-262(a) of the Miami Beach Code, the review by the City Commission is not a "de novo" hearing. It must be based upon the record of the hearing before the Design Review Board and no new additional testimony shall be taken. Furthermore, Section 118-262 (b) states the following: · In order to reverse, or remand for amendment, modification or rehearing any decision of the Design Review Board, the City Commission shall find that the Design Review Board did not do one of the following: 1) provide procedural due process; 2) observe essential requirements of Jaw; or 3) base its decision upon substantial competent evidence . . In order to reverse or remand a decision of the Design Review Board, a 5/7th vote of the City Commission is required. Section 118-262(a) requires the appellant to file with the City Clerk a written transcript of the hearing before the Design Review Board and a written statement. The transcript and City Manager's written statement were filed with the City Clerk and transmitted to the Mayor and City Commission on March 25, 2012. ANALYSIS The grounds for the City Manager's appeal are that the ORB did not observe the essential requirements of law and did not base its decision upon substantial competent evidence. The analysis relative to these grounds for appeal is set forth in the City Manager's written statement. CONCLUSION The Administration recommends that the public hearing be held to review the decision of the Design Review Board pertaining to ORB File No. 22894 1 Washington Avenue -South Pointe ·Park. JMG/HMF/KS T:\AGENDA\2012\5-9-12\South Pointe Park ORB File No. 22894 Appeal-Comm. Memo (R)-5-9-12.doc 303 RESOLUTION NO. ____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA SETTING FORTH AN ORDER [GRANTING OR DENYING] AN APPEAL REQUEST FILED BY THE CITY MANAGER OF THE CITY OF MIAMI BEACH, ON BEHALF OF THE CITY ADMINISTRATION, PERTAINING TO A DECISION OF THE DESIGN REVIEW BOARD ("ORB") FOR THE PROPERTY LOCATED AT 1 WASHINGTON AVENUE-SOUTH POINTE PARK (FILE NO. 22894). WHEREAS, a process for review by the Mayor and City Commission of decisions rendered by the Design Review Board, when requested by an applicant or any affected person, has been established under Section 118-262 of the Miami Beach City Code; and WHEREAS, the City Commission directed the City administration to submit an application for the installation of a hedge location in one of three potential City Commission- designated off-leash dog area within South Pointe Park (ORB File No. 22894, 1 Washington Avenue -South Pointe Park); and WHEREAS, on or about February 2, 2012, the City of Miami Beach Parks and Recreation Department submitted an application to the Design Review Board for design review approval of a small, low growing native hedge to define the boundaries of the off-leash area delineated by the City Commission within South Pointe Park; and WHEREAS, the Administration proposed three alternate plans for an off-leash dog area within South Pointe Park in its ORB application. Proposed Areas 1 and 2 are located to the east of the Washington Avenue Plaza and south of the walkway that follows the berm. Area No. 1 is approximately 18,000. sq. feet (.41 acres) and Area 2, which includes Area 1, is approximately 34,000.00 sq. feet (. 78 acres). Area 3 is the area surrounding the lighthouse sculpture at the south and west end of the Park and is approximately 18,000 feet (.41 acres); and WHEREAS, on March 13, 2012, the Design Review Board entered an Order granting the Administration's application, but denying the request of the City Administration for a proposed hedge for the off-leash dog area within South Pointe Park and further stating that no off-leash dog area shall be located in Area 3; and WHEREAS, on March 21, 2012, the City Commission directed the City Manager to appeal the ORB order; and WHEREAS, pursuant to Miami Beach City Code Section 118-262, the City Manager on behalf of the City Commission timely requested a review of the Design Review Board decision rendered on March 13, 2012 in ORB File No. 22894; and WHEREAS, pursuant to Section 118-262(a), the review by the City Commission is not a "de novo" hearing; it must be based on the record of the hearing before the Design Review Board and no new, additional testimony shall be taken; and WHEREAS, Section 118-262(b) provides that: in order to reverse, or remand for amendment, modification or rehearing any decision of the Design Review Board, the City shall find that the Design Review Board did not do one of the following; 1) provide procedural due process; 2) observe essential requirements of the law, or 3) base it decision upon substantial, competent evidence; and 304 WHEREAS, in order to reverse or remand a decision of the Design Review Board, a 5/7 1h vote of the City Commission is required; and WHEREAS, Section 118-262(a) requires an appellant to file with the City Clerk a written transcript of the hearing before the Design Review Board and a written statement or brief two weeks before the scheduled public hearing on the appeal; and the transcript and the City Manager's written statement were timely filed with the City Clerk and transmitted to the Mayor and City Commission by the City Clerk; and WHEREAS, on April 11, 2012, the City Commission set the hearing for this appeal to be held on May 9, 2012, and the City Clerk noticed such hearing; and WHEREAS, on May 9, 2012, the City Commission heard the parties, and pursuant to the arguments made, the record of the hearing before the Design Review Board, the written statements submitted, and having been duly advised in the premises, determined that the March 13, 2012 decision of the Design Review Board did not concern a denial of due process, [but did I and did not] result in a departure from the essential requirements of law, [and/or] a decision that was not based upon substantial competent evidence; and WHEREAS, on May 9, 2012, a motion was made by the City Commission to [grant or deny] the appeal of City Manager Jorge M. Gonzalez, on behalf of the City Administration, relative to the Design Review Board Order rendered March 13, 2012 pertaining to DRB File No. 22894, 1 Washington Avenue -South Pointe Park; and WHEREAS, the motion to [affirm I reverse] the decision of the Design Review Board was made and seconded, and approved by a vote of ___ _ NOW THEREFORE BE IT DULY RESOLVED AND ORDERED BY the Mayor and City Commission of the City of Miami Beach as follows: ORDER The Order of the Design Review Board dated March 13, 2012 regarding File No. 22894 pertaining to the property located at 1 Washington Avenue -South Pointe Park is hereby: [Affirmed; Reversed; And/or Modified as follows: PASSED and ADOPTED this----day of May, 2012. ATTEST: MATTI HERRERA BOWER RAFAEL E. GRANADO, CITY CLERK MAYOR APPROVEDASTO FORM & lANGUAGE T:\AGENDA\2012\5-9-12\South Pointe Park DRB File No. 22894 Appeal-Reso. 5-9-12. c & FOR EXECUTION ..-::; MIAMI BEACH 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: Gary Held, First Assistant City Attorney CC: Jose Smith, City Attorney Jorge M. Gonzalez, City Manager DATE: May 9, 2012 SUBJECT: ORB File No. 22894, Appeal, 1 Washington Avenue, South Pointe Park This appeal filed by the City Manager, as directed by the City Commission on March 21, 2012, challenges the Design Review Board's ("ORB") decision rendered March 13, 2012 that (1) no off-leash dog area be located in South Pointe Park in Area 3 -the location of the Lighthouse Art in Public Places sculpture; and (2) that no hedge be used to delineate any off-leash dog area designated in the Park. The ORB's decision should be affirmed. THE ORB ORDER The ORB Order granted the City's application for an off-leash dog area in the Park, subject to the following condition: B. The Design Review Board does not support any off-leash dog area within the boundaries of South Pointe Park. However, if the Commission determines that it is appropriate and necessary to create an off-leash area in South Pointe Park, the Board determines the following: 1. There shall be no hedge to define the area. 2. It shall not be located in area #3, surrounding the art in public places "lighthouse" project. ARGUMENT 1. The ORB is expressly delegated authority to impose conditions based upon the Design Review Criteria, and thus the condition excluding Area #3 is consistent with the essential requirements of law. The appeal asserts that the ORB exceeded its jurisdiction by excluding area #3 from consideration for the off-leash dog area. The ORB has the authority to rearrange or direct the location of uses in a structure or on a 306 Memorandum to Mayor Bower and Members of the City Commission Re: DRB File No. 22894, Appeal, 1 Washington Avenue, South Pointe Park. Date: May 9, 2012 Page 2 of 5 property in an application before it. Such a decision is inherent in design review. Design review encompasses the examination of architectural drawings for consistency with the criteria stated below, with regard to the aesthetics, appearances, safety, and function of any new or existing structure and physical attributes of the project in relation to the site, adjacent structures and surrounding community. Section 118-251, City Code. The DRB is expressly authorized pursuant to Section 118-254( c) of the City Code, to impose the challenged condition: The board may require such changes in the plans and specifications, and conditions, as in its judgment may be requisite and appropriate to the maintenance of a high standard of architecture, as established by the standards contained in these land development regulations and as specified in the city's comprehensive plan and other specific plans adopted by the city of pertaining to the areas identified in subsection 118-252(a). Section 118-254(c), City Code (bold added). The Design Review Criteria specifically refers to the design and layout of a site plan of the property in an application before it. (7) The design and layout of the proposed site plan, as well as all new and existing buildings shall be reviewed so as to provide an efficient arrangement of land uses. Particular attention shall be given to safety, crime prevention and fire protection, relationship to the surrounding neighborhood, impact on contiguous and adjacent buildings and lands, pedestrian sight lines and view corridors. Section 118-251, City Code. Through its approval of the application, the DRB acknowledged that the City Commission had authority to allow an off-leash dog area in the Park. This challenged condition, however, is within the scope of the jurisdiction of the Board, based upon Sections 118-254(c) and Design Review Criterion (7). This was acknowledged by the Planning Director in Staff's written recommendation, and the testimony of Planning Staff at the hearing before it. The law is well settled that "[a]dministrative agencies have the authority to interpret the laws which they administer .... " Abramson v. Fla. Psychological Ass'n, 634 So.2d 610, 612 (Fla. 1994). 307 Memorandum to Mayor Bower and Members of the City Commission Re: DRB File No. 22894, Appeal, 1 Washington Avenue, South Pointe Park. Date: May 9, 2012 Page 3 of 5 Moreover, like other agencies, a municipal agency's "interpretation of the guidelines that it is charged with administrating is entitled to judicial deference, and should not be overturned as long as the interpretation is in the range of permissible interpretations." See At/. Shores Resort v. 507 S. St. Corp., 937 So.2d 1239, 1245 (Fla. 3d DCA 2006) (holding that the Historic Architectural Review Commission's determination that a building did not violate its guidelines was within the range of permissible interpretations and, thus, should not be overturned by the court). The ORB Staff Report for March 6, 2012, (Exhibit "C" to the Appeal) included a strong recommendation against using Area #3 as an off-leash dog area: /d. at 5. Staff does, however, strongly recommend against Area #3 surrounding the Art in Public Places (AiPP) sculpture known as the "Obstinate Lighthouse" for the proposed off-leash dog area, for the following reasons: 1) it would be inconsistent with the South Pointe Park master planned location for the AiPP sculpture previously approved by the Design Review Board; 2) any form of perimeter landscaping material or additional park signage in this location would distract from and have a significant adverse impact upon the design integrity of the lighthouse sculpture as well as its open lawn setting, and: 3) this location could limit the close enjoyment of the AiPP lighthouse sculpture to only people, including young children, who are comfortable being around dogs that are off-leash. At the hearing, Planning Department Assistant Director William Cary testified: Staff obviously believes that's the worst possible option, because you really- even though the dog park is only going to be, you know, during certain hours of the day, the off-leash dog area, we just don't feel it would be at all appropriate to, you know, place a dog park, off-leash dog park necessarily around a public art piece, .... Transcript of ORB hearing, March 6, 2012, at 6. Further, the staff report included as Recommended Condition No. 1.a.: a. Area #3, the area surrounding the Art in Public Places sculpture, shall not be permitted. By including this recommended condition in its staff report, the Planning Director had determined that it was within the jurisdiction of the ORB to impose the condition. As the Board exercised its authority under the City Code to impose the condition, it applied the correct law, and was therefore in compliance with the essential requirements of law. Dusseau v. 308 Memorandum to Mayor Bower and Members of the City Commission Re: ORB File No. 22894, Appeal, 1 Washington Avenue, South Pointe Park. Date: May 9, 2012 Page 4 of 5 Metropolitan Dade County, 794 So.2d 1270, 1274 (Fla. 2001). 2. Florida law on competent substantial evidence requires the City Commission to recognize the record below contains sufficient evidence to support the ORB's decision. The appeal asserts that the ORB's decision to deny the use of a hedge was not supported by substantial competent evidence. The Commission should find, in accord with well settled Florida law, that the ORB's decision was based on substantial competent evidence in the form of staff testimony at the hearing, accompanied by other materials in the record. City of Hialeah Gardens v. Miami-Dade Charter Foundation, Inc., 857 So.2d 202, 204-05 (Fla. 3d DCA 2003) ("the Chief of Police, the Director of Public Works, and the Chief Zoning Official, gave specific fact-based reasons for their recommendations that the application be rejected."); Metropolitan Dade County v. Sportacres Development Group, 698 So.2d 281, 282 (Fla. 3d DCA 1997) ("maps, reports and other information which, in conjunction with the testimony of the neighbors, if believed by the Commission, constituted competent substantial evidence."); Dade County v. United Resources, Inc., 374 So.2d 1046, 1050 (Fla. 3d DCA 1979) ("recommendations of professional staff"); Norwood-Nor/and Homeowner's Ass'n v. Dade County, 511 So.2d 1009, 1013 (Fla. 3d DCA 1987) ("Dade County Development Impact Committee report"); Metropolitan Dade Countyv. Fuller, 515 So.2d 1312, 1314 (Fla. 3d DCA 1987) ("staff recommendations"). In this case on appeal before the City Commission, after an eloquent explanation of the history of the design of the very unique South Pointe Park, Transcript of hearing at 3-5, William Cary states: [O]bviously staff's preference would be to have no hedge, whatever, because we don't want to create another design element in the park, which was literally intended to be, you know, very simple and smooth and straightforward, so all the things that happen around the park are what really make the park, you know, such an executory experience, and so we're not recommending, we're not saying, yes, go, ahead and approve a hedge. What we're saying is that if the Parks Department finds that in order to delineate the 309 Memorandum to Mayor Bower and Members of the City Commission Re: DRB File No. 22894, Appeal, 1 Washington Avenue, South Pointe Park. Date: May 9, 2012 Page 5 of 5 area for the off-leash dog area, if it's necessary to do that so that owners of dogs know the area that they're limited to, that's something that they can do in the future, if they wish to do it. Transcript of hearing, at 7-8. Thus, there is substantial competent evidence in the record to support the Board's decision that there should be no hedge to delineate the off-leash dog area in South Pointe Park, if any. CONCLUSION Based upon the foregoing, the City Commission should affirm the decision of the Design Review Board, and deny the appeal. F:\ATIO\HELG\LITIGATION\South Pt Park dog area\Commission memo 4-30-12.doc 310 'MIAMIBEACH CITY OF MIAMI.BEACH NOTICE OF PUBLIC HEARING NE r I l THURSDAY, APRILS, 2012 I 13NE NOTICE IS HEREBY given that a public hearing 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, May 9, 2012, at 10:20 a.m., pursuant to Miami Beach City Code Section 118-262 to review a Design Review Board decision pursuant to an appeal filed by the City Manager of the City of Miami Beach, Florida, on behalf of the City Administration, for the property located at 1 Washington A'(enue-South Pointe Park, Miami Beach, Florida, (ORB File No. 22894). lnquiries·may be directed to the Planning Department at (305) 673-7550. Parties to the appeal are invited to appear at this hearing, or be represented by an agent; or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. The review shall be based on the recorEI of the hearing before the Design Review Board, shall not be a de novo hearing, and no new, additional testimony shall be taken. This hearing may be opened and continued and under such circumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person·decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that 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 all9wed by law. To request this material in accessible format, sign language interpreters, information o~ access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (~0.?),6~,3; 71218Jl!f\fL'{e., dJ!~S }n a_?yan~e ,t~ ini~a;~,Y.?~r I~q~e;~ :rry ,u~e~~J ~aY. ~l~o, C_?l~ "Z1 ~ <!'~?~ida R;l~y s,erv.i.~.e), ·... • • ' . & J .. Ad·#698. , , .. , , . • . . · .. • · . . , . . ... " ·. . . . · . ,, . . . . . . . .,,. , J .._ .: _, J ~~ .I .JJ ..1 -~ .,l ~ ' ..-,;. ~ ..l ! _;:. ...1 L 7• J l.. o. J J n .l , u ~ -l .. , _,. j. J ..:. t .1 ·~ •• -.t .,. I • , ... , .l .J " <. \ J ~ i>. .j '-# ~ • ;1. 311 THIS PAGE INTENTIONALLY LEFT BLANK 312 R7 -Resolutions R7B A Resolution Granting A Revocable Permit To Bay Road Outparcel Partners, LLC, As The Owner Of The Property Located At 1916 Bay Road, To Allow For A Decorative Metal Eyebrow To Extend 4 Feet Into And 48 Feet Along The Public Right-Of-Way, And A Minimum Of 11.5 Feet Above The Sidewalk. (Public Works) (Memorandum & Resolution to be Submitted in Supplemental) 313 • Agenda Item R fJ B Date 6"-9-IL THIS PAGE INTENTIONALLY LEFT BLANK 314 COMMISSION ITEM SUMMARY Condensed Title: A resolution accepting the Neighborhood/Community Affairs Committee's recommendations on March 27, 2012 of the Ad Hoc Tennis Committee's mission statement, and creating the Ad Hoc Tennis Committee as set forth in the resolution. Key Intended Outcome Supported: Increase community satisfaction with recreational programs Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey results indicate 84.9% of residents rated the City's recreation programs either excellent or good. Issue: I Shall the Mayor and City Commission adopt the resolution? Item Summary/Recommendation: A discussion was held at the February 8, 2012 Commission meeting regarding creating a Tennis Committee. Following the discussion, the City Commission supported creating an Ad Hoc Tennis Committee to serve in an advisory capacity during the construction of the new Flamingo Park Tennis Center. The Commission stressed that the Ad Hoc Tennis Committee (Ad Hoc Committee) must consider the diverse needs of all interested parties; provide input; and advise on operational issues that arise during the transition period of construction. The Commission also recommended that the Ad Hoc Committee sunset at the time the new Flamingo Park Tennis Center opens, and that any Ad Hoc Committee advisory suggestions be presented for review and further action to the Parks and Recreational Board. The Administration was also directed to bring a resolution creating the Ad Hoc Tennis Committee for consideration of the City Commission. At the February 24th City Commission meeting, Mayor Matti Herrera Bower requested a referral to the Neighborhood/Community Affairs Committee (NCAC) to discuss "Creating A Clear Mission Statement For The Proposed Ad Hoc Tennis Committee." This action was approved by the full City Commission and the item was placed on the March 2ih NCAC agenda. At the March 2ih NCAC meeting, staff presented a mission statement for the proposed Ad Hoc Committee, as well as information on the proposed committee's structure, membership, purpose and duration, based on staffs understanding of the comments made during the Commission discussion on February 8th. The following mission statement was discussed: "The Flamingo Park Ad Hoc Tennis Committee shall exist to provide City Staff with advisory recommendations on operational issues relating to the Flamingo Park Tennis Center, as they may arise during the construction of the Flamingo Park Tennis Center, to ensure the continued enjoyment of the tennis facilities during construction." This Mission Statement was approved by the NCAC on March 27th. However, as operational issues may arise at the North Shore Tennis Center as a result of the construction of the Flamingo Park Tennis Center, the following modified mission statement is proposed: "The Ad Hoc Tennis Committee shall exist to provide City Staff with advisory recommendations on operational issues relating to the Flamingo Park Tennis Center and North Shore Tennis Center, as they may arise during the construction of the Flamingo Park Tennis Center, and to ensure the continued enjoyment of the tennis centers during construction." The committee's mission is focused on operational issues relating to the two tennis centers as they may be impacted by the construction at the Flamingo Tennis Center, but does not (and is not recommended to) include input on issues that have already been reviewed and approved by the City Commission (e.g. approved construction plans, operations RFP, scope of services, current management agreement, etc.). The Administration recommends the adoption of this resolution. Advisory Board Recommendation: Financial Information· Source of Amount Funds: 1 I I 2 3 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin : Kevin Smith, Parks & Recreation Director Sign-Offs: Department Director KS T:\AGENDA\2012\5-9-12\Establishment of a Ad MIAMI BEACH Assistant City Manager 315 Account City Manager JMG AGENDA ITEM ---=-;l:;...:;....- DATE --".L......'--'!..-'::::::.. ~ MIAMI BEACH 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: May 9, 2012 SUBJECT: A RESOLUTION OF THE MAYOR CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE'S RECOMMENDATIONS ON MARCH 27, 2012 OF THE AD HOC TENNIS COMMITTEE'S MISSION STATEMENT AND, FURTHER, CREATING THE AD HOC TENNIS COMMITTEE WITH SAID MISSION STATEMENT, PURPOSE, FUNCTION, COMPOSITION, MEMBERSHIP AND DURATION, AS SET FORTH IN THE RESOLUTION. ADMINISTRATION RECOMMENDATION Adopt the Resolution KEY INTENDED OUTCOME SUPPORTED Increase community satisfaction with recreational programs BACKGROUND The matter of creating a Tennis Committee was initially presented for discussion at the December 14, 2011 Commission meeting by Commissioners Gongora and Wolfson. The matter was deferred at the December 14, 2011 meeting and scheduled for inclusion in the January 11, 2012 Commission meeting, where it was once again deferred but set for a time certain on the February 8, 2012 Commission meeting agenda. A discussion regarding creating a Tennis Committee was held at the February 8, 2012 Commission meeting. Comments were made by both the City Commission and residents in attendance who spoke to the opportunities and challenges of creating a Tennis Committee; the option of creating a sub- committee to the existing Parks and Recreational Facilities Board; or the creation of an Ad Hoc Tennis Committee. Following much discussion, the members of the City Commission supported the concept of creating an Ad Hoc Tennis Committee to serve in an advisory capacity during the construction of the new Flamingo Park Tennis Center. More specifically, the Commission stressed the importance of everyone working together to develop a Ad Hoc Tennis Committee (Ad Hoc Committee) that would take into consideration the diverse needs of all interested parties; provide input on operational issues, such as how banks of courts are to be kept open and closed for construction; and advise on other operational issues that arise during the transition period of construction. It was further recommended by the members of the City Commission that the Ad Hoc Tennis Committee sunset at the time the new Flamingo Park Tennis Center opens, and that any advisory suggestions made by the Ad Hoc Tennis Committee be presented for review and further action to the Parks and Recreational Board. 316 May 9, 2012 Creation of an Ad hoc Tennis Committee Page 2 of 3 The Administration was also directed to bring a resolution creating the Ad Hoc Tennis Committee for consideration of the City Commission, including a list of nominees, as recommended. Subsequently, and prior to bringing the item back to the full Commission in March, at the February 24, 2012 special City Commission meeting, Mayor Matti Herrera Bower made a request to refer to the to the Neighborhood/Community Affairs Committee (NCAC) a discussion regarding "Creating A Clear Mission Statement For The Proposed Ad Hoc Tennis Committee." This action was approved by the full City Commission and the discussion item was placed on the March 2ih NCAC agenda. ANALYSIS At the March 2th NCAC meeting, staff presented a recommended mission statement for the proposed Ad Hoc Tennis Committee, as well as information on the proposed membership and Ad-Hoc Committee duration. The proposed mission statement was developed based on staff's understanding of the Commission's intent in forming the Ad Hoc Tennis Committee, as referenced by the comments made during the Commission discussion on February 8th. The following mission statement was presented and discussed at the NCAC on 3/27: "The Flamingo Park Ad Hoc Tennis Committee shall exist to provide City Staff with advisory recommendations on operational issues relating to the Flamingo Park Tennis Center, as they may arise during the construction of the Flamingo Park Tennis Center, to ensure the continued enjoyment of the tennis facilities during construction." Following discussion, this proposed Mission Statement was recommended by the NCAC on March 27th. However, as operational issues may arise at the North Shore Tennis Center as a result of the construction of the Flamingo Park Tennis Center, the following changes are recommended to the Ad Hoc Tennis Committee's mission statement to ensure that it is understood that the Ad Hoc Tennis Committee may also consider operational issues caused by the Flamingo Park Tennis Center construction, that might impact our other tennis center. As such, the following revised mission statement is proposed: "The Ad Hoc Tennis Committee shall exist to provide City Staff with advisory recommendations on operational issues relating to the Flamingo Park Tennis Center and North Shore Tennis Center, as they may arise during the construction of the Flamingo Park Tennis Center, and to ensure the continued enjoyment of the tennis centers during construction." As noted, the committee's mission is focused on operational issues relating to the two tennis centers as they may be impacted by the construction at the Flamingo Park Tennis Center, but does not (and is not recommended to) include input on issues that have already been reviewed and approved by the City Commission (e.g. approved construction plans, operations RFP scope of services, current management agreement, etc.). AD HOC COMMITTEE STRUCTURE At the February 8, 2012 City Commission Meeting, the Commission directed staff to return to the Commission with the proposed structure of the Ad Hoc Tennis Committee. It is proposed that the Ad Hoc Tennis Committee meet no more than once monthly, and no less than two weeks prior to the regularly scheduled monthly meeting of the Parks and Recreational Facilities Board. Pursuant to the Commission's direction, any advisory recommendations of the Ad Hoc Tennis Committee shall be presented and discussed at the Parks and Recreational Facilities Board for further consideration, discussion and action(s). The following is su§1i~ed for the Commission's consideration: May 9, 2012 Creation of an Ad hoc Tennis Committee Page 3 of3 Membership It is recommended that the Ad Hoc Tennis Committee be comprised of nine (9) members, as follows; 1) one nomination from each member of the City Commission (7) 2) one nomination from the City Administration (1) 3) one nomination from the Parks & Recreational Facilities Board The composition of the Ad Hoc Tennis committee members should be diverse in gender, ethnicity, background, experience, age, interests, etc., and should include both players and non-players. Purpose The following delineates the intended purpose of the Ad Hoc Committee • The Ad Hoc Tennis Committee will work to consider the diverse needs of all interested parties; and • The Ad Hoc Tennis Committee will provide input and advisory recommendations on operational issues that might be identified during the construction of the Flamingo Park Tennis Center (for example how banks of courts are closed for construction), affecting both Flamingo Park and North Shore Tennis Centers; Duration The Ad Hoc Tennis Committee shall automatically sunset no later than when the new Flamingo Park Tennis Center opens (when the facility obtains its Temporary Certificate of Occupancy). CONCLUSION The Administration recommends the adoption of the attached Resolution creating an Ad Hoc Tennis Committee, including the proposed Ad Hoc Tennis Committee structure submitted herein, and to include the mission statement as recommended by the Neighborhood/Community Affairs Committee at its March 27, 2012 meeting, and further revised as previously noted. JMG/ HMF/KS F:\RCPA\$ALL\Previous\KEVIN\Commission 2012\5-9-2012\Establishment of a Ad hoc Tennis Committee -Commission Memorandum 5-9-12.doc 318 RESOLUTION NO.:..... ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE NEIGHBORHOOD/ COMMUNITY AFFAIRS COMMITTEE'S RECOMMENDATIONS ON MARCH 27, 2012 REGARDING THE AD HOC TENNIS COMMITTEE'S MISSION STATEMENT AND, FURTHER, CREATING THE AD HOC TENNIS COMMITTEE WITH SAID MISSION STATEMENT, AND THE MEMBERSHIP, PURPOSE, DURATION, AND FUNCTIONS AS SET FORTH IN THIS RESOLUTION. WHEREAS, the matter of creating a Tennis Committee was initially presented for discussion at the December 14, 2011 City Commission meeting but was deferred; and WHEREAS, a discussion regarding creating a Tennis Committee was held at the February 8, 2012 City Commission meeting which focused on the opportunities and challenges of creating the Tennis Committee; the option of creating a sub-committee to the existing Parks and Recreational Facilities Board; or the creation of an Ad Hoc Tennis Committee; and WHEREAS, following discussion, the members of the City Commission supported the concept of an Ad Hoc Tennis Committee to serve in an advisory capacity during the construction of the new Flamingo Park Tennis Center; and WHEREAS, more specifically, the City Commission stressed the importance of everyone working together to develop a Flamingo Park Ad Hoc Tennis Committee (Ad Hoc Committee) that would take into consideration the diverse needs of all interested parties; provide input on operational issues, such as how banks of courts are to be kept open and closed for construction; and advise on other operational issues that arise during the transition period of construction; and WHEREAS, it was further recommended by the members of the City Commission that the Ad Hoc Tennis Committee sunset at the time the new Flamingo Park Tennis Center opens and that any advisory suggestions made by the Ad Hoc Tennis Committee be presented for review and further action to the Parks and Recreational Board; and WHEREAS, the Administration was directed to present a resolution creating the Ad Hoc Tennis Committee for consideration by the City Commission, including a list of recommended nominees; and WHEREAS, prior to bringing the item back to the full Commission in March, at the February 24, 2012 special City Commission meeting, Mayor Matti Herrera Bower made a request to refer to the Neighborhood/Community Affairs Committee (NCAC) a discussion regarding "Creating A Clear Mission Statement For The Proposed Ad Hoc Tennis Committee", which action was approved by the full City Commission and the discussion item was placed on the March 27, 2012 NCAC agenda; and WHEREAS, at the March 27, 2012 NCAC meeting, staff presented a recommended mission statement for the proposed Ad Hoc Tennis Committee, as well as information on proposed membership for and duration of the Ad Hoc Tennis Committee; and 319 WHEREAS, the proposed m1ss1on statement was developed based on staff's understanding of the City Commission's intent in forming the Ad Hoc Tennis Committee, as referenced by the comments made during the Commission discussion on February 8, 2012; and WHEREAS, the following mission statement was presented and discussed at the NCAC on 3/27: The Flamingo Park Ad Hoc Tennis Committee shall exist to provide City Staff with advisory recommendations on operational issues relating to the Flamingo Park Tennis Center, as they may arise during the construction of the Flamingo Park Tennis Center, to ensure the continued enjoyment of the tennis facilities during construction; and WHEREAS, following discussion, this proposed Mission Statement was approved by the NCAC on March 271h; and WHEREAS; due to operational issues that may arise at the North Shore Tennis Center as a result of the construction of the Flamingo Park Tennis Center, the following changes are recommended to the Ad Hoc Tennis Committee's mission statement to ensure that it is understood that the Ad Hoc Tennis Committee may also consider operational issues caused by the Flamingo Park Tennis Center construction that might impact the City's other tennis center; therefore, the following revised mission statement is proposed: The Ad Hoc Tennis Committee shall exist to provide City Staff with advisory recommendations on operational issues relating to the Flamingo Park Tennis Center and North Shore Tennis Center, as they may arise during the construction of the Flamingo Park Tennis Center, and to ensure the continued enjoyment of the tennis centers during construction; and WHEREAS, the Ad Hoc Tennis Committee's mission is focused on operational issues relating to the two tennis centers as they may be impacted by the construction at the Flamingo Park Tennis Center, but does not (and is not recommended to) include input on issues that have already been reviewed and approved by the City Commission {~, approved construction plans, operations RFP, scope of services, current management agreement, etc.); and WHEREAS, at the February 8, 2012 City Commission Meeting, the Commission directed staff to return to the Commission with a proposed structure of the Ad Hoc Tennis Committee; and WHEREAS, is proposed that the Ad Hoc Tennis Committee meet no more than once monthly, and no less than two weeks prior to the regularly scheduled monthly meeting of the Parks and Recreational Facilities Board. Pursuant to the Commission's direction, any advisory recommendations of the Ad Hoc Tennis Committee shall be presented and discussed at the Parks and Recreational Facilities Board for further consideration, discussion and action(s); and WHEREAS, the following Membership, Purpose, and Duration provisions are adopted for the Ad Hoc Tennis Committee: 2 320 Membership The Ad Hoc Tennis Committee shall be comprised of nine (9) members, as follows; 1) one nomination from each member of the City Commission (7) 2) one nomination from the City Administration (1) 3) one nomination form the Parks & Recreational Facilities Board (1) The composition of the Ad Hoc Tennis committee members should be diverse in gender, ethnicity, background, experience, age and interests, and should include both players and non- players. Purpose The following delineates the intended purpose of the Ad Hoc Tennis Committee: • The Ad Hoc Tennis Committee will work to consider the diverse needs of all interested parties; and • The Ad Hoc Tennis Committee will provide input and advisory recommendations on operational issues that might be identified during the construction of the Flamingo Park Tennis Center (for example how banks of courts are closed for construction), affecting both Flamingo Park and North Shore Tennis Centers. Duration The Ad Hoc Tennis Committee shall automatically sunset when the new Flamingo Park Tennis Center obtains its Temporary Certificate of Occupancy; and WHEREAS, the City Administration has recommended the adoption of this Resolution creating an Ad Hoc Tennis Committee, including the proposed Ad Hoc Tennis Committee structure stated herein, and to include the mission statement as recommended by the Neighborhoods/Community Affairs Committee at its March 27, 2012 meeting. 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 Neighborhood/Community Affairs Committee's recommendation of March 27, 2012 regarding the Ad Hoc Tennis Committee's mission statement and hereby further create the Ad Hoc Tennis Committee with said mission statement and the membership, purpose, duration, and functions as set forth in this Resolution. PASSED and ADOPTED this ____ day of April, 2012. ATTEST: RAFAEL E. GRANADO, CITY CLERK 3 MATTI HERRERA BOWER MAYOR T:\AGENDA\2012\5-9-12\Establishment of a Ad hoc Tennis Committee-Resolution 4~1T-12:do 321 THIS PAGE INTENTIONALLY LEFT BLANK 322 COMMISSION ITEM SUMMARY Condensed Title: A resolution revising the "special events requirements and guidelines," by amending the following sections entitled "application procedure," "weddings and ceremonies," "product promotion/temporary sampling", "minimum requirements," "internal review procedure," "external review procedure," "vehicle access policy," "booking policy," "concession agreements," "use of public property," "enforcement and penalties;" and further amending the special event fee schedule, and hereby permitting and restricting further uses on public property. Key Intended Outcome Supported: Increase community ratings of cultural activities. Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey reported more than two-thirds of all resident respondents surveyed, 69.6%, reported the City is doing either a "very good" (17.5%) or "good" (52.1 %) job handling events that attract large crowds to the City. Issue: I Shall the City Commission amend the special event guidelines? Item Summary/Recommendation: The Administration has been drafting amendments to the Special Event Guidelines and Ordinance since late 2010. The City Commission referred the subject for further discussion to the Neighborhoods and Community Affairs Committee (NCAC) at its December 8, 2010 meeting. The NCAC met on February 3, 2011, and recommended additional changes to both the Ordinance and guidelines. Subsequently, concerns were raised with issues that occurred during the Funkshion Fashion event in March 2011. The NCAC discussed these concerns at their June 3, 2011 meeting. The NCAC requested a review of the security deposit requirements as they felt they were too low for events of this nature. Since that time, the Tourism and Cultural Development Department researched special event programs in other major cities such as New York, Chicago and Los Angeles, and drafted additional amendments to both the Ordinance and guidelines. These changes have been presented to the Production Industry Council and reviewed by an invited group of event producers representing a cross section of events that take place in Miami Beach. The Neighborhoods and Community Affairs Committee reviewed the most recent draft of amendments to the Special Event Ordinance and Guidelines at their January 30, 2012 meeting. The Committee unanimously moved to take these amendments to the City Commission after being vetted at a public meeting. The proposed amendments were subsequently presented to the Community on February 10, 2012 and March 8, 2012. Public comment was very minor and primarily focused on the neighborhood review requirements and the booking policy. All comments have been incorporated into the proposed amendments. The recommended amendments to the Guidelines include: creating additional permit types in order to streamline the process for small, less impactful, events; increasing to the security deposit requirements for larger events; updating the list of Major Event Periods; creating a process that allows an applicant to challenge dates already being held by another applicant; creating of an Art Basel Zone; and clarifying the consecutive day clause. The proposed amendments to the Special Events Guidelines are being presented as a companion item in conjunction with the second reading and public hearing of the Special Events ordinance amendment. The Ordinance Amendment to this section of the Code proposes to require applicants to participate in the monthly special event community review meeting and may also require review by the corresponding neighborhood association. The Ordinance Amendment also standardizes and streamlines enforcement provisions through a set fine schedule. A violator can elect to pay the fine as outlined in the established fine schedule, or request an administrative hearing before the Special Master to appeal the decision of the Code Compliance Officer which resulted in the violation being issued and still ensures that the violator is still afforded due process. This change is also reflected in the attached amendment. Advisory Board Recommendation: The Neighborhoods and Community Affairs Committee reviewed the most recent draft of amendments to the Special Event Ordinance and Guidelines at their January 30, 2012 meeting, and unanimously moved to take these amendments to the City Commission after it is vetted at a public meetinQ. Financial Information: Source of Funds: Amount 1 Total Financial Impact Summary: N/A islative Trackin Department Director Assistant City Manager MIAMI BEACH 323 Account Approved City Manager AGENDA ITEM _1~_/_D_ DATE )-Cj-(L m MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Honorable Mayor Matti H. Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: May 9, 2012 SUBJECT: A RESOLUTION OF THE MAYO ND COMMISSION OF THE CITY OF MIAMI BEACH, REVISING THE "SPECIAL EVENTS REQUIREMENTS AND GUIDELINES," BY AMENDING THE FOLLOWING SECTIONS: "APPLICATION PROCEDURE," "WEDDINGS AND CEREMONIES," "PRODUCT PROMOTION/TEMPORARY SAMPLING", "MINIMUM REQUIREMENTS," "INTERNAL REVIEW PROCEDURE," "EXTERNAL REVIEW PROCEDURE," "VEHICLE ACCESS POLICY," "BOOKING POLICY," "CONCESSION AGREEMENTS," "USE OF PUBLIC PROPERTY," "ENFORCEMENT AND PENALTIES;" AND FURTHER AMENDING THE SPECIAL EVENT FEE SCHEDULE, AND HEREBY PERMITTING AND RESTRICTING FURTHER USES ON PUBLIC PROPERTY. BACKGROUND The City of Miami Beach has become the location of choice for a number of activities and special events in South Florida. The Tourism and Cultural Development (TCD) Department coordinates the permitting of special events, including review by the appropriate neighborhood association, in an effort to complement the ambience and aesthetics of the area in which the events are presented. TCD supports events on public property and other properties where the proposed event requires a Special Event Permit, and is responsible for assisting producers with special events guidelines and permit requirements and the issuance of Special Events Permits. In addition, TCD staff serves as liaison between local and regional associations and agencies in addressing the delivery of city services, and assists neighborhood associations with maintenance of events criteria. A City of Miami Beach Permit is required for special events, which is defined as a temporary use on public or private property that would not be permitted generally or without restriction throughout a particular zoning district, but would be permitted if controlled with special review. Applications are processed on a "first come, first serve" basis unless otherwise provided for under the booking policy. Applicants must provide 60 days notice for public use and 30 days notice for private use. The special event process is a review and approval process in which all aspects of an event are coordinated through internal, neighborhood and permitting reviews. In 1988, the City Commission approved a set of requirements for any applicant who wishes to hold a special event in the City of Miami Beach. The Special Events Requirements and Guidelines ("Special Event Guidelines") were designed to help guide applicants through the process of applying for a Special Events Permit, while ensuring minimal disruption to the impacted, surrounding environment. In 1995, via Resolution No. 95-21684, several revisions to the guidelines were adopted, but the procedures set forth did not adequately address a variety of issues associated with the production of special events. In 1998, via Resolution No. 98-23003, the guidelines were amended to incorporate direction received from neighborhood associations, property owners and citizen groups. Subsequently, in 2001, Ordinance No. 2001-3302 and the corresponding Resolution No. 2001-24341 were adopted by the City Commission, which codified the Special Event permit process and adopted separate guidelines with procedures, requirements and criteria for the issuance of permits for special events in Miami Beach. In July 2005, additional amendments were made to the City Code and to the Special Events Guidelines relating to the definition of a special event, consecutive day clause, permit application deadlines, neighborhood review and fines associated with the special event permit. 324 Page 2of4 May9, 2012 City Commission Meeting Special Events Ordinance Amendment Second Reading and Public Hearing In 2008, via Resolution 2008-26908, additional amendments to the Special Event Guidelines were made pursuant to direction from the Finance and Citywide Projects Committee. In addition to generating additional revenue for the City, a permit process for promotional hand-to-hand giveaways, which were unregulated by the City and took place regularly throughout the City without a permit, was created. These giveaways range from food (e.g. yogurt, protein bars, chips, etc.}, to drinks (e.g. sodas, energy drinks, etc.), to products (e.g. sunscreen, chapstick, t-shirts, CD's, etc.). The Amendment to the Special Event Requirements and Guidelines was approved on September 17, 2008 by the City Commission and became effective October 1, 2008. ANALYSIS The Administration has been drafting amendments to the Special Event Ordinance and Guidelines since late 2010. The City Commission referred the subject for further discussion to the Neighborhoods and Community Affairs Committee (NCAC) at its December 8, 2010 meeting. Subsequently, concerns were raised with issues that occurred during the Funkshion Fashion event in March 2011. The NCAC discussed these concerns at their June 3, 2011 meeting. The NCAC requested a review of the security deposit requirements as they felt they were too low for events of this nature. Since that time, the Tourism and Cultural Development Department researched special event programs in other major cities, such as New York, Chicago and Los Angeles, and drafted additional amendments. These changes have been presented to the Production Industry Council and reviewed by an invited group of event producers representing a cross section of events that take place in Miami Beach. The Neighborhoods and Community Affairs Committee reviewed the most recent draft of amendments to the Special Event Ordinance and Guidelines at their January 30, 2012 meeting. The Committee unanimously moved to take these amendments to the City Commission after it is vetted at a public meeting. The Administration subsequently presented the proposed amendments to the Community during the monthly Special Event Community Review Meetings held on February 10, 2012 and March 8, 2012. Public comment was very minor and primarily focused on the neighborhood review requirements and the booking policy. All comments have been incorporated into the proposed amendments. PROPOSED-SPECIAL EVENT GUIDELINE AMENDMENTS This amendment follows a review of other major cities' special event procedures, review by the Production Industry Council and a group of event producers. The following are the recommended amendments to the guidelines that are being considered in conjunction with the second hearing/public hearing of the companion Ordinance amendment: A. Permit Types: Creates additional special event permits types in order to streamline application processing for smaller, less impactful, special events. Public Property • Reduce the application deadline from sixty (60) days to thirty (30) days for events with a maximum attendance of 150 people and requiring no city services. This change will help streamline the process from small events. • Large more impactful events will remain with a sixty (60) day application deadline as they are more complicated and require more advance planning. Private Property • Reduce the application deadline from thirty (30) days to fifteen (15) days for events taking place on private property and requiring no city services. This streamlines the process less impacting events on private property, which historically require a shorter turnaround time. (Note: all other events on private property must apply with a minimum of thirty (30) days. B. Security Deposit: In response to concerns that the security deposit was not sufficient enough to cover expenses for larger 325 Page 3of4 May9, 2012 City Commission Meeting Special Events Ordinance Amendment Second Reading and Public Hearing events, the following changes are proposed: • $2,500 small events up to 150 people • $5,000 for events up to 1500 attendees • $10,000 for events with between 1500 and 5000 attendees • $20,000 +for events with more than 5000 attendees C. Updates the list of Major Event Periods. D. Booking Policy: Adds language to the booking policy allowing an applicant to challenge dates already held by a "first hold" applicant. A "first hold" applicant has submitted an application and an application fee, for an event on a certain day or dates at a particular location. If a Second Hold applicant for those held day(s) challenges a First Hold applicant's dates, the First Hold applicant will be required to post a cash bond in the amount equal to the estimated cost of City services (i.e. Security Deposit, Off-duty Police, Off-duty Fire and Sanitation, etc.) within fourteen (14) days of receipt of notice from date/location challenge from the City. Additionally, the Second Hold applicant must post a cash bond in the amount equal to the estimated cost of City services at the time of the date challenge. If the First Hold applicant fails to provide the City with the specified cash bond within 14 days of receipt of notice, the Second Hold applicant will then have a First Hold on the dates and location. If both parties fail to post a cash bond, the dates and location are released and will be made available on a first-come, first served basis. E. Consecutive Day Clause: Clarifies the Consecutive Day Clause limiting venues to five (5) special event permits per calendar year. F. Art Basel Zone: The establishment of a zone to be bounded by 23rd Street to the north; by Lincoln Lane South to the south; by Alton road to the west; and by the Atlantic Ocean to the east, where special events permits for non-Art Basel Miami Beach official events will not be permitted. The effective term and duration of the Art Basel Miami Beach Zone is only intended to run concurrent with the actual ABMB Event dates. The following amendments to the guidelines are recommended to address changes already previously approved by the Commission: G. Wedding Permit Fees: The City Administration implements a new $125 wedding permit fee as part of the FY 10/11 budget, which were approved by the City Commission on September 20, 2010 via Resolution No. 2010-27519. The proposed amendment will include this information in the guidelines (Section I.A. III- Weddings and Ceremonies. H. Late Fees: If an application is received later than the specified deadline a late application fee of $250 applies. The intent is to encourage event producers to apply timely. There is also another late fee is applicants have not submitted all required documentation 14 days before the load-in of the event commences. The application is then considered denied and any additional coordination requires a reinstatement fee, commensurate with the event's permit fee: • 0 to 1499 attendees $250 • 1500 and above attendees $500 These changes to the special event fees were approved by the City Commission on September 20, 2010 via Resolution No. 2010-27519 and was adopted as part of the FY 10/11 budget. The proposed amendment will include this information in the guidelines (Section I.A.VII -Minimum Requirements; Late Application Fee). 326 Page 4of4 May9, 2012 City Commission Meeting Special Events Ordinance Amendment Second Reading and Public Hearing I. The Administration reviewed the guidelines and determined that the City's Administrative Policy for repeat violators of special event permits should be formally incorporated into the guidelines. They were developed to clarify Section 12-5(9)(b) of the City Code and impose additional penalties, in addition to fines for violations of this Section of the City Code (Section Ill). The policy states levies additional penalties for event producers who violate the terms of their permit multiple times within the preceding 12 month period of time and restricts the producer from obtaining additional permits for a period of time depending on the number of violations. J. Temporary Sampling: creates a distance separation from existing sidewalk cafes and tightens the definition of "mobile" sampling. The amendments prohibit sampling from moving vehicles and sampling within 20 feet of an approved sidewalk cafe, outdoor cafe, outdoor restaurant, etc. On May 25, 2010, the Neighborhoods and Community Affairs Committee reviewed the City's temporary sampling regulations and recommended revisions to the guidelines regarding. K. Adds additional criteria for the Manager's consideration when considering a special event permit for events that feature a public benefit component (Section I. B. I I.e.). L. Includes language clarifying that the City is not responsible for any expenses incurred by the applicant (Section 1.8.111.). M. Changes from "weeks" to "days" the requirement for the deadline for payment for City services (Section I.D.II) N. Includes clarification language for required verification for light post banners for 501 © 3 non-profits (Section II.E.III). 0. Additional proposed changes clarify the Vehicle Access Pass policy as pertaining to all beach, park and pedestrian use areas. Currently the pass is intended only for beach use. This change allows proper regulation of safety needs for events that require access to non-beach authorized areas, such as greenspace (Section II.A). P. Another change clarifies waiver provisions for non-profit groups (Section I.A. VII-Minimum Requirements) and amends the submission date for the Indemnity Agreement and Insurance documents (Section I.A. VII- Minimum Requirements, Indemnity Agreement; Insurance Requirements). CONCLUSION In an effort to streamline the permitting process and provide better oversight and regulation of the Special Events Permit process, the Administration recommends that the City Commission approve on second reading/public hearing proposed amendments to the Special Events Ordinance, as specified in the attachment. T:\AGENDA 12\5-9-12\Special Events Guidelines Amendment Memo.doc 327 RESOLUTION NO. __ _ A RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY OF MIAMI BEACH, REVISING THE "SPECIAL EVENTS REQUIREMENTS AND GUIDELINES," BY AMENDING THE FOLLOWING SECTIONS: "APPLICATION PROCEDURE," "WEDDINGS AND CEREMONIES," "PRODUCT PROMOTION/TEMPORARY SAMPLING", "MINIMUM REQUIREMENTS," "INTERNAL REVIEW PROCEDURE," "EXTERNAL REVIEW PROCEDURE," "VEHICLE ACCESS POLICY," "BOOKING POLICY," "CONCESSION AGREEMENTS," "USE OF PUBLIC PROPERTY," "ENFORCEMENT AND PENAL TIES;" AND FURTHER AMENDING THE SPECIAL EVENT FEE SCHEDULE, AND HEREBY PERMITTING AND RESTRICTING FURTHER USES ON PUBLIC PROPERTY. WHEREAS, the City of Miami Beach (the "City") declares that it is in the interest of the citizens of Miami Beach to ensure that special events are compatible with the City, which is a major and internationally recognized tourist destination; and WHEREAS, the Administration has acknowledged and recognized that various individuals and businesses have increased their efforts to hold special events throughout the City, which requires specific measures to be taken in order to minimize the disruption and impact to surrounding residential inhabitants and business entities; and WHEREAS, it is necessary to provide an orderly arrangement for the use of public facilities and public resources and to minimize disruption to the impacted surrounding built and natural environment by persons holding special events, including the activities described above; and WHEREAS, it is necessary to protect the public health, safety and welfare from potential problems associated with special events, including the activities described above; and WHEREAS, detailed revisions to the Special Events Requirements and Guidelines are provided in the attachment. 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 adopt the attached amendments to the City's Special Events Requirements and Guidelines. PASSED and ADOPTED this, the ___ day of ______ , 2012. MAYOR ATTEST: CITY CLERK T:\AGENDA\2012\5-9-12\Special Events Guidelines Amendment RESO rev.doc 328 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TOURISM AND CULTURAL DEVELOPMENT FILM & EVENT PRODUCTION MANAGEMENT Tel: 305-673-7577, Fax: 305-673-7063 . Email: events@miamibeachfl.gov UPDATED Jan~JarvFel:lnJaryMarch 201~ SPECIAL EVENTS REQUIREMENTS AND GUIDELINES The City of Miami Beach ("City") hosts a wide variety of special events that enrich the community for both visitors and residents. To mitigate the ever-increasing demands made upon City resources and infrastructure, applicants are required to present proposed special event activities to potentially impacted neighborhood associations and appropriate City departments to ensure that these events are compatible with the surrounding neighborhooqs. This process assists in evaluating and assessing the City's resources, both in terms of personnel and use of public property and right-of-ways, to adequately protect the public safety, health and welfare of the community. This review may also require a more detailed and coordinated Major Event Plan, especially during holiday or repeat event periods that have a high impact on City services. The Special Events Ordinance (Chapter 12, Article II, Section 12-5 of the Miami Beach City Code) and the Special Events Requirements and Guidelines are intended, insofar as possible, to mitigate the costs of City services for special events, although it is not the intention that the costs of special events permit fees be used for revenue generation. The intent of the Special Event Ordinance and the Special Events Requirements and Guidelines is: • To insure the City will have adequate advance notice of a proposed special event and the cooperation of the organizers to adequately plan City services (such as security, sanitation, parking, and traffic control) that may be required for such an event. • To insure that the City's beaches, parks, and public right-of-ways are protected and conserved, by limiting the number and type of events held in these areas; and • To preserve the City's commitment to attract quality events with significant cultural and entertainment enrichment for the community at-large. This Special Events Requirements and Guidelines package has been designed to help guide applicants through the process of applying for a special events permit, and to minimize disruption to the impacted surrounding environment. 329 TABlE OF CONTENTS INTRODUCTION Table of Contents I. APPLICATION PROCEDURE II. A. STEP 1: APPLICATION AND QUESTIONNAIRE FORM I. EVENTS ON PUBLIC PROPERTY II. EVENTS ON PRIVATE PROPERTY Ill. WEDDINGS AND CEREMONIES IV. MARKETS V. PRODUCT PROMOTIONS/ TEMPORARY SAMPLING VI. RIDES AND AMUSEMENTS VII. MINIMUM REQUIREMETNS ~ APPLICATION/PROCESSING FEE " PERMITFEE e SECURITY DEPOSIT ,. INDEMITY AGREEMENT o INSURANCE REQUIREMENTS o SITE PLAN 13. STEP 2: INTERNAL REVIEW PROCEDURE I. MAJOR EVENTS PLAN (MEPl o MAJOR EVENTS PERIODS o MAJOR EVENT COMMITTEE II. CRITERIA FOR GRANT OF PERMIT Ill. CRITERIA FOR APPROVAL OF PERMIT IV. NATURAL DISASTER/WEATHER C. STEP 3: EXTERNAL REVIEW PROCEDURE D. STEP: 4 COORDIANTION OF CITY SERVICES ADHERENCE TO REGUlATIONS AND OTHER POliCIES A. BEACH VEHICLE ACCESS POLICY B. BOOKING POLICY I. CONSECUTIVE DAY CLAUSE! Limit of permissible events per venue C. CONCESSION AGREEMENTS D. USE OF PUBLIC PROPERTY E. EVENT SIGNAGE I. SPECIAL EVENT BILLBOARD SIGNS II. STREET BANNERS Ill. LIGHTPOST BANNERS f. GRANDFATHER CLAUSE G. RESORT TAX H. SPONSORSHIP REQUIREMENTS !II.ENFORCEMENT AND PENAL TIES IV.CITY OF MIAMI BEACH AGENCIES A. BUILDING DEPARTMENT I. BUILDING PERMITS AND ELECTRICAL PERMITS II. AMERICANS WITH DISABILITIES ACT 8. CODE COMPLIANCE I. FIELD INSPECTOR II. SIGNS. FLYERS AND HANDBILLS Ill. NOISE ORDINANCE C. FIRE DEPARTMENT I. OFF DUTY FIRE AND PARAMEDIC SERVICES II. ENCLOSED EVENT SITE AND OCCUPANT LOAD Ill. FIREWORKS PERMIT IV. OPEN PIT AND BONFIRE PERMIT D. MIAMI BEACH CONVENTION CENTER E. OCEAN RESCUE f. PARKING DEPARTMENT G. PARKS & RECREATION DEPARTMENT I. FACILITIES & PERSONNEL II. PARK USER FEES & LINCOLN ROAD USER FEE H. POLICE DEPARTMENT I. SECURITY PLAN AND SERVICES " OVERNIGHT & BACKSTAGE SECURITY " MARINE PATROL Special Events Requirements and Guidelines 330 Page(s) 1 4-14 9-13 13-14 14 14-19 15-16 16-17 17 17-18 18 18 18 18-19 23 23-24 24 24 25 25 25-27 2 " POLICE ESCORTS FOR ENTERTAINMENT II. STREET CLOSURES Ill. BARRICADES & ELECTRONIC SIGNS IV. PARADE REQUIREMENTS V. DEMONSTRATIONS & FREE SPEECH ACTIVITIES !. PROPERTY MANAGEMENT J. PUBLIC WORKS DEPARTMENT K. SANITATION V. OTHER AGENCIES A. MIAMI BEACH VCA and CAC B. MIAMI DADE COUNTY " PERMIT FOR TEMPORARY FOOD SALES @ BEACH CLEANING C. STATE OF FLORIDA " DEPARTMENT OF ENVIRONMENTAL PROTECTION " DIVISION OF STATE LANDS "' FLORIDA MARINE PATROL " DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO '" FLORIDA DEPARTMENT OF TRANSPORTATION D. FEDERALGOVERNMENT .. FEDERAL AVIATION ADMINISTRATION " COASTGUARD VI. SPECIAL EVENTS FEE SCHEDULE VII. SPECIAl EVENT ClASS MATRIX TABLE Of CONTENTS INTRODUCTION Table of Contents I. APPbiCft.TION PROCEDURe A. S+&P 1: APPliCATION AND QUeSTIONNAIRE FORM I. eVei>ITS Of'! PUBLIC PROPERTY II. EVENTS ON PRIVATe PROPeRTY Ill. 'N€DOINGS ANO CeReMONieS IV. MARKeTS V. PRODUCT PROMOTIONS/ TeMPORARY SA~ II. VI. RIDeS AND AMUSeMEI>!TS Y!l MINIMUM ReQUIReMETNS ,. APPLICATIOfi!IPROCESSING FEE ~ ~ SECURITY DEPOSIT ~ INDEMITY AGREEMENT " INSURANCE REQUIREMENTS ~ B. STeP 2: INTeRN.&.b REVIE'A' PROCeDURe I. MAJOR EVENTS PLJ'.N (MEP) MAJOR EVENTS PERIODS " fl.Ri\JOR EVENT COMMITTEE II. CRITERIA FOR GRANT OF PERMIT Ill. CRITER~ FOR APPROVAL OF PERMIT IV. IIIATURAL DISASTERAIIJEATHER C. STEP 3: liXTiiiRNAb REVIE'N PROCiiOURE i}. STEP: 4 COORDI:\NTION OF CITY Slim.liCES .Jb lilfliJ\CM VEM!CbE ACCeSS POLICY & BOOKING POliCY I. CONSECUTIVE DAY CLJ'.USE C.. CONCESSION AGR&EMiiNTS 0. USE OF PUBLIC PROP!iRTY !i. EVIiiNT SIGNAGi I. SPECIAL EVeNT BILLBOARD SIGNS II. STReeT BANNERS Ill. LIGHTPOST BANNERS ~RANDFATHiiR CLAUS Iii (.';.. RliSORT TAX Special Events Requirements and Guidelines 331 27 27-29 29 29-31 29 31 32-33 33 Page{s) .1. .? .. ~ -~--11 8 12 12 13 13 1317 14 15 15 16 16 16 3 M,. SPONSORSJ.IIP ReQUIREMENTS 111.15NFORCEM15NT AND PENAlTII5S IV.CITY OF MIAMI BEACH P.GEZNCIES A. 8UilDING DEPARTMeNT I. BUilDING PERMITS AND ElECTRICAl PERMITS II. AMERICANS WITFI DISABiliTIES ACT 8. CODE COMPliANCE I. FIElD I~ISPECTOR II. SIGNS, FlYERS AND HANDBillS ~OISE ORDINANCE C. FIRii DEPARTMENT I. OFF DUTY FIRE AND PARAMEDIC SERVICES II. ENClOSED EVENT SITE AND OCCUPANT lOAD Ill. FIREVJORKS PERMIT IV. OPEN PIT AND BONFIRE PERMIT Q... MIAMI 8iACJ.I CONVENTION CENTiiR ~ OCEAN RESCUE -F. P.~RKING DiPI.RTMiiNT G. PJI,RKS & RECReATION DEPARTM&NT I. FACiliTieS & PERSONNEl II. PARK USER FEES & liNCOlN ROAD USER FEE M. POliCE DEPARTMENT I. SECURITY PlAN AND SERVICES ~ OVERNIGHT & BACKSTAGE SECURITY s IV'.ARINE PATROl POliCE ESCORTS FOR ENTERTAINMENT II. STREET ClOSURES Ill. BARRICADES & ElECTRONIC SIGNS IV. PARADE REQUIREMENTS V. DEMONSTRATIONS & FREE SPEECH ACTIVITIES I. PROPERTY MANAGEMENT .1. PUBliC 'JIJORKS DEPARTMENT K. SANITATION V. OTWER AGENCIES A. MIAMI 8EACM VCA and CAC 8. MIAMI DJI.Dii COUNTY ~ PERMIT FOR TEMPORARY FOOD SAlES BEACH ClEANING C-.---S-TJI.TE OF FlORIDA "' DERA.RTMENT OF ENVIROPIMEIIITAb PROTECTION "' DIVISION OF STATE bANDS ,. FlORIDA MARIJ.IJE PATROl DIVISIOI>I OF AlCOHOliC BEVERAGES AND TOBACCO FlORIDA DEPARTMEI>!T OF TRANSPORTATION D. FEDeRAl GOVERNMENT o FEDERAl AVIATION ADMIIIIISTRATION o COASTGUARD 17 17 18 26 18 19 19 20 20 21 21 21 21 22 22 24 24 24 25 26 28 26 26 26 27 27 28 Special Events Requirements and Guidelines 4 332 Special Events Requirements and Guidelines I. APPLICATION PROCEDURE A City Permit is required for special events. A "special event" is generally defined by the City as a temporary use on public or private property that would not be permitted generally or without restriction throughout a particular zoning district, but would be permitted if controlled with special review in accordance with this section. Applications are processed on a first come, first serveg basis, unless otherwise provided for under the booking policy herein (Section II. B). A. STEP 1: Application and Questionnaire Forms All persons or entities interested in conducting a special event must complete an application and questionnaire listing all required information. Please refer to Appendix A for a copy of the application and Section VII, Special Event Class Matrix. for breakdown on classes of event permits and their respective requirements. I. EVENTS ON PUBLIC PROPERTY 1. Events taking place on public property. whether produced by a not-for-profit or for profit entity. with a maximum attendance of 150 people and requiring no city services (police. fire. parking. etc.) or building permits. as determined by the Office of Special Events. do require a special event permit from the City. Applications and questionnaires shall be submitted with a minimum of THIRTY (30) days notice. in order to process prior to the proposed event start date . .:h-2. AU-eEvents taking place on public property, whether produced by a not-for-profit or for profit entity requiring city services (police. fire. parking, etc.) and/ or building permits. as determined by the Office of Special Events., aA€1-including, but not limited to, festivals, parades, performances, and broadcasts .. require a special event permit from the City. Applications and questionnaires must-shall be submitted with a minimum of SIXTY (60) days notice, in order to process prior to the proposed event start date. II. EVENTS ON PRIVATE PROPERTY 1. Applications and questionnaires for events proposed to take place on private property where such event would be considered a 'special event' under the City's Special Events Ordinance and these Guidelines. and requiring no city services (police. fire. parking. etc.) or building permits. as determined by the Office of Special Events. shall be submitted with a minimum of Fl FTEEN ( 15) days notice prior to the proposed event start date . .:h-2. Applications and questionnaires for events proposed to take place on private property where such event would be considered a 'special event' under the City's Special Events Ordinance and these Guidelines, requiring city services (police. fire. parking. etc.) and/ or building permits. as determined by the Office of Special Events. require shall be submitted with a minimum of THIRTY (30) days notice prior to the proposed event start date. It shou~d be noted that events may only obtain special event Qermlts on private property in facilities with current Certificate of OccuQancy or Temporary Certificate of Occupancy. Events or activities that do not require special event permits are recurring activities that are typically not open to the general public, and are customary and incidental to a permitted main or accessory use, whether by paid admission or not, and require no additional permitting. Special Events Requirements and Guidelines 5 333 Examples of customary uses for hotel properties include, but are not limited to: Weddings; Bar Mitzvah; Bat Mitzvah; Anniversaries; Baby Showers; Engagement parties; Wedding Showers; Holiday events; Awards functions; Networking Events; Fund Raisers; Charity Events; Incentive group functions (meetings, etc.); Corporate group functions (meetings); Convention group functions (meetings); Community based organization meetings; Reunions; Prom; Seminars; Sweet Sixteen; Press Conferences; Product Announcements; Political functions ( including kick offs, election night or during a campaign). Non-recurring events or activities that have extraordinary or excessive impacts on public health, safety or welfare, not normally associated in type or quantity with permitted main or accessory uses, shall require a special event permit. For example: • When temporary structures are erected (South Beach Food and Wine Festival's "Bubble Q", Art Baselj, etc.); or • When a temporary occupant load is required; or • Television, entertainment events or casting calls open to the public (American Idol) with public property impacts; or • Musical performances (Winter Music Conference). Conditional uses are recurring activities open to the general public, whether by paid admission or not, identified in the City's Land Development Regulations, and requiring a public hearing (e.g., Neighborhood Impact Establishments or Outdoor Entertainment Establishments such as Sky Bar, Raleigh Hotel Sunday Soiree, etc.). Non-conforming uses in residential districts are prohibited from obtaining special event permits. Additionally, consistent with Section 142-693 (c), Section 142-302, and Section 142-485 of the City Code, special event permits will not be issued to non-conforming properties south of Fifth Street, or in the area generally bounded by Purdy Avenue on the west, 20th Street on the north, Alton Road on the east, and Dade Boulevard on the south. Ill. WEDDINGS, AND-CEREMONIES AND TEAM BUILDING A Wedding.JCeremony and Team Building Permit allows for a singular single temporary use of public property in the City, other than within existing rental areas of the Parks Department. A Wedding.JCeremonyand Team Building Permit allows for limited elements ("Elements"), defined as the following: chairs, runner, arch/-chupa, flags, banners. and other temporary markers. battery operated stereo, acoustical performer(s), riser (48" or less) and a single 10'X10' pop up tent. Any additional Elements or activity exceeding the Guidelines and restrictions (see below), inclusive of an adjacent reception would require special event permitting, or prior written approval of the City Manager or his/her designee. REQUIREMENTS: 1. A completed Wedding.JCeremony and Team Building Permit application, detailing exact location, date, times, Elements and number of attendees shall be submitted no less than 3Q FIFTEEN (15) days prior to wedding/ceremony. 2. A site plan of the wedding.Jceremony or team building area and Elements, detailing area features and showing measurements of entire site. 3. A $125.00 Wedding.f-Ceremony and Team Building Permit fee. payable to The City of Miami Beach and due before commencement of activity. LApproved signature survey from any upland property owners and all contracted or concession user(s) if the area requested falls within a contracted or concession use. ~5. Team Building Permit applicants are also required to provide a $2.500 security deposit. as well as General Liability Insurance and a notarized Indemnity Agreement as specified in Section VII of the Special Event Requirements and Guidelines. RESTRICTIONS: Special Events Requirements and Guidelines 6 334 1. A 'A'-edding/Ceremony Permit can accommodate no more than 100 (one hundred) people, inclusive of guests, vtedding party, acoustic performers, etc. 1. A WeddingJ-Ceremony and Team Building Permit shall accommodate no more than one hundred and fifty {150) people, inclusive of guests, wedding party, performers, etc. LAII approved Elements shall be hand carried or carted to site. Vehicles will be permitted in areas designated for authorized use only, including beach/sand, parks, sidewalks, pedestrian access areas, with prior written approval of the City Manager or his/ her designee approval and vehicle beach access passes ($150.00 ea.) in conformity with Beach Vehicle Access Policy herein (Section D. II. A.). 2-:-3. Any promotional elements including, but not limited to sampling, branding or logos are strictly prohibited. d-4--=----From ~May 1st through October 31st additional restrictions will apply per State of Florida Department of Environmental Protection ("DEP") Marine Turtle Guidelines. DEP permits may be required throughout the year. §.,_Following the wedding.Jceremony or team building event. the beach and/or public property must be left in as good .. if not better, condition. Applicants must arrange to clean the area immediately following the wedding/ceremony. 4:-6. Failure to comply with Wedding,t-Ceremony or Team Building requirements may result in citation to permittee and denial of future Wedding/ Ceremony permits. IV. MARKETS -For information on how to become a market producer or vendor, please contact the City of Miami Beach Procurement Department at 305-673-7490. V. PRODUCT PROMOTION/ TEMPORARY SAMPLING -A Temporary Sampling Permit allows for the non-permanent and mobile distribution of single serving goods or services to the public with no direct or indirect commercial exchange provided on public property within the commercial and mixed-use zoning districts of the City. REQUIREMENTS: Applicants wishing to procure a Temporary Sampling Permit shall provide the following information to the City's Department of Tourism and Cultural Development no less than 1 0 working days prior to said activity: 1. Application for Temporary Sampling Permit. 2. Samples and/or descriptive literature of products or services to be distributed. 3. Quantity of product(s) to be distributed. 4. General Liability Insurance of no less than One (1) Million U.S. dollars or equivalent value naming the City of Miami Beach as additional insured and certificate holder including the City's address as per Section A VII (INSURANCE REQUIREMENTS). The certificate must not be older than 90 days. 5. Completed, executed and notarized Indemnification, holding the City of Miami Beach harmless for all approved activities as well as from effects of products or services sampled. 6. A permit fee of $2,000.00 per singular team, per day, payable to the City of Miami Beach and due before commencement of activity. A singular team is defined as no more than five (5) people in total distributing the same product in the location specified on the permit or within 500 feet of that location. This fee is refundable if permit is cancelled or denied. 7. A security deposit of $2, 500.00 is due upon submission of application. Security deposits will be refunded approximately 4-6 weeks post activity, if all restrictions are followed, public property is left in as good or better condition than when activity commenced, and all City invoices are paid. Failure to comply with restrictions imposed automatically results in forfeiture of up to full value of security deposit. 8. Identify location where the temporary sampling activity will occur. RESTRICTIONS: 1. Permittee or his/her representative must maintain the original permit with them during the activity. 2. Permit is valid for only one singular team of no more than five (5) people in total for the location specified in the permit or within 500 feet of that location. Special Events Requirements and Guidelines 7 335 3. Permit is valid only for date(s) issued. 4. Permit is valid only for approved product(s) as presented in application and printed on permit. 5. Permittee is solely responsible for comprehensive sanitation of any and all areas utilized and their surrounding areas, inclusive of ensuring any sample by-product or literature discarded by the permittee, his/her representative, or the public is removed and discarded appropriately. 6. Permittee or his/her representative may not at any time erect tables, tents, chairs, banners, flags, fencing, inflatables, signs or other elements in public areas or right of ways. 7. Permittee or his/her representative may not at any time attach posters, flyers, stickers or other elements on buildings, trees, lightpoles, newspaper racks, telephone booths, or other public elements. Hand to hand distribution of information must follow City's Handbill Ordinance, as codified in Article 3, Section 46 of the City Code. A Temporary Sampling Permit shall not be required for the distribution of literature, periodicals or other non-product or service related materials, as long as it has no exchangeable or redeemable value. 8. Permittee or his/her representative may not reserve meters for the parking of promotional vehicles (skinned or unskinned). Any and all parking must be in accordance with the City parking regulations. 9. Permittee may not distribute materials from moving vehicles. 9-.:!Q.;_Permittee or his/her representative may not employ any generators, use electrical outlets or require, install or lay wiring across the public right of ways. f0...!1:._Permittee or his/her representative must maintain no less than five (5) feet of unobstructed public access on sidewalks at all times. 4-4.12. Permittee or his/her representatives are bound by the Miami-Dade County and City of Miami Beach Noise Ordinances at all times. 4a.-13. If Permittee wishes to distribute material in an area contracted or permitted for concession, outdoor cafe, event, filming or other such use, Permittee must provide approved signature survey form from affected party. ~14. Permitee or his/ her representative may not sample within twenty (20) feet in any direction from the outside perimeter. as indicated in the site plan attached to the city issued permit. of any outdoor cafe. outdoor restaurant. sidewalk cafe or other establishment serving food or beverages for immediate consumption. without the express written permission of proprietor of such business; 44.-.1§,_ The City does not permit stand alone product promotion events. Product promotions are only permitted for sponsors of permitted special events as defined herein and only within the permitted boundaries of such special event. PENAL TIES: Violators of terms of a Temporary Sampling Permit may be subject to one or more of the following: • Revocation of permit and immediate cease and desist order issued. • Forfeiture of full or partial security deposit at discretion of City Manager or his/ her designee. • Subsequent doubling of previous security deposit for future applications. • The product and/or other products from parent company will be restricted from distribution in any future Temporary Sampling Permits for a period to be determined by the City Manager or his/ her designee. • Fines and further penalties as Article II, Section 12-5 (9) of the City Code. VI. RIDES AND AMUSEMENTS -The City does not allow for-profit carnivals, amusement parks, or carnival-related mechanical amusement rides. VII. MINIMUM REQUIREMENTS -The minimum requirements to apply for a Special Events Permit are: • APPLICATION/PROCESSING FEE.-This fee is non-refundable and must be made payable to the City of Miami Beach at the time of application. Please see attached Fee Schedule (Appendix D) to determine fee amount. Special Events Requirements and Guidelines 8 336 • LATE APPLICATION FEE -This additional fee, equivalent to the applicable application fee, will apply to all applications received after the noted deadlines (60 davs on public propertvl 30 days on private propertv). noted in sections A.l.1 and A.l.2 (Page 4). Any application submitted less than fifteen (15) days from event date may not be reviewed, regardless of late application fee. PLEASE NOTE: Late Application Fees cannot be waived. • PERMIT FEE-This fee is refundable if application is denied and must be made payable to the City of Miami Beach at the time of application. Please see attached Fee Schedule (Appendix D) to determine fee amount. • SECURITY DEPOSIT ($2,500 for events up to 1500 attendees/ $5,000 for events with between 1500 and 5000 attendees/ $10,000+ for events with more than 5000 attendees)-A refundable security deposit will be required no later than ~fourteen (1.130) days prior to the event. Based on the scope and location of the event, a pre-and post-event site inspection may be conducted by the applicant and appropriate City personnel to determine existing conditions and evaluate potential damages, if any. Security deposits will be refunded as soon as possible {approximately 4---93 - 4 weeks after the eventl if all conditions are followed, public property is left in as good condition or better and without damage, any pending Code citations are satisfied and all City invoices are fully paid. -Failure to comply with restrictions imposed may result in forfeiture of up to the entire amount of or part the security deposit, as per Section Ill. Enforcement and Penalties. - Any post-event balance or fines owed to the City, its employees, Departmental or Facility charge/expenses, damage, repair or replacement cost(s}, etc. may be deducted from the security deposit. Any unpaid balance owed exceeding the security deposit will be cause for refusal to accept future special event permit applications. Such applications will not be considered until all outstanding debts to the City are paid in full (i.e. License Fee, Code Enforcement Lien, Special Assessment Lien and/or any other debt or obligation due to the City under State or local law). PLEASE NOTE: Security deposits cannot be waived:. • INDEMNITY AGREEMENT-An Indemnity Agreement must be executed and notarized with an original and legally authorized signature and, if a corporation is the applicant or the application is filed on behalf of a corporation, the company seal must be affixed to the document. The Agreement must be submitted no later than thirty fifteenfourteen (3014e) days prior to load in of the event. • INSURANCE REQUIREMENTS -The City of Miami Beach must be named as an additional insured and policyholder on all insurance certificates issued for the event. All insurance policies must be issued by companies that are authorized to do business in the State of Florida, and have a rating of B+VI or better in the current edition of Best's Key Rating Guide. The Certificate of Insurance must state the time, date, location and name of the covered event, including set-up and breakdown day(s}, date(s}, and time(s). Applicants have the option of submitting a Certificate of Insurance for each policy year. The City of Miami Beach reserves the absolute right at its sole discretion to increase these requirements, as necessary, to protect the interests of the City, including an increase in the amount and type of coverage required, depending upon the scope and nature of the special event. • Commercial General Liability -Commercial General Liability insurance, on an occurrence form, must be obtained in the amount of at least $1 ,000,000 per occurrence for bodily Special Events Requirements and Guidelines 9 337 injury, death, property damage, and personal injury. The policy must include coverage for contractual liability. • Worker's Compensation And Employer's Liability -Contractors must submit proof of Workers' Compensation and Employer's Liability in the form of a Certificate of Insurance. All other State regulations apply. • Liquor Liability -If alcoholic beverages are to be sold or served at the event, the group or individuals selling or serving the alcoholic beverage must obtain Liquor Liability Insurance in the minimum amount of $1 ,000,000. The sale of alcoholic beverages must be in compliance with the Liquor Control Regulations of the Code of the City of Miami Beach. The City's Risk Manager must approve the Certificate of Insurance. Once approved, the Certificate will be kept on file in the City's Risk Management Division. The insurance requirements must be met no later than thirty fifteenfourteen (3Q1445) days prior to load in of the event. PLEASE NOTE: Insurance requirements cannot be waived:. • SITE PLAN -A preliminary site plan shall-must be submitted no less than 60 days prior to the evefltwithh the event application. A final site plan must be submitted no later than 3Q-fourteen .{j_&days prior to the event. The site plan must show detailed diagram(s) drawn to scale of the event including: the location of concession booths, portable toilets, dumpsters, public, emergency and accessible routes, location of stages and entertainment and orientation of loudspeakers, locations for electricity and water, generators, lighting towers, A/C units, fenced or walled areas, disability access elements such as accessible parking, accessible paths of travel, accessible portable toilets, and other relevant elements. All generators, lighting towers and A/C units must be fenced in or barricaded to prevent. crowds from coming into contact with them. In addition, a narrative describing all temporary installations must be attached for beachfront events. For purposes of herein, "beachfront" is described as seaward of the Coastal Construction Control Line. Once the site plan is approved it cannot be altered without the prior written consent of the City Manager or his/ her designee. REINSTATEMENT FEE -If required event elements are not submitted within fi.fteeRfourteen (14a) days prior to load in of event. the Permit Application will automatically be considered denied. The applicant may reinstate the application upon submission of any pending requirements and a Reinstatement Fee equal to the applicable Permit Fee. PLEASE NOTE: LATE SUBMITTAl Fees RE~NSTATEMENT FEES cannot be waived. B. STEP 2: Internal Review Procedure All proposed events with projected attendance of 200 persons or greater on public property, or private property where such event would not be incidental generally or without restriction throughout a particular zoning district, will be reviewed by the City's Internal Special Events Committee. The Internal Special Events Committee meets monthly and is composed of representatives from City departments, including, but not limited to Police, Fire, Tourism and Cultural Development, Public Works, Parking, Planning, Code Compliance and Parks Departments. The Committee will review and comment on the proposed site, security, parking, transportation, and any and all other necessary plans for the proposed event. These comments will be incorporated with those received through the neighborhood review process. Tourism and Cultural Development Department staff will indicate the specific requirements the applicant will need to satisfy and the time frame for completing these requirements. The City Manager will make a final determination on an application for a special events permit within Special Events Requirements and Guidelines 10 338 seven (7) days after all special events requirements applicable to the event have been fulfilled. Such requirements must be fully completed by the applicant no later than thirty (30) days prior to the event. Some requirements may require more time. No refunds will be made after a permit is issued; however, payment does not constitute permission to hold the event. All approved permits must be available for inspection on site at all times. For special events produced by 501 (c)(3) 501(c)(3) not for profit organizations (or equivalent), the City Manager may waive permit and application fees, including but not limited to, rental fees for particular City properties, square footage rates fur e*clusive use of public property, concessions agreements for paid admissions fees, and sale of food, beverage and merchandise on public property, when such waiver is found to be in the best interest of the City. No waivers are allowed for personnel-based expenses (city services). security deposit. late application or late submittal fees. In determining waiver of permit fees, no consideration may be given to the message of the event or content of speech, or to the identity or associational relationship of the applicant. Non-profit 501 (c)3 entities are required to provide the City with a copy of the most recent Internal Revenue Service Form 990. I. Major Event Periods (MEP) -The City first evaluates the City's needs, impacts and quality of life issues during MEP's. The City will then also specifically evaluate the impact of events proposed to take place during holiday weekends and major event periods, which create a significant demand on City services and resources. The City may determine an MEP to have high intensity on City services and, therefore, may prohibit the issuance of special events permits during these periods. The City may also determine that enhanced City services are required during such periods. In such instances, costs for enhanced services will be shared equally by and between all permitted events. The City has identified a minimum of ten (1 0) holiday and the following repeat or somewhat regular event periods which historically have a high impact on City services. It is realistic to expect these activity periods to continue to be popular in Miami Beach, bringing large crowds that will require additional City service levels and interagency support. These MEP's include, but are not limited to, the following: • October -Columbus Day Weekend Halloween • November Thanksgiving 1=4oliday Sleepless Night. White Party Weekend • December-Art Basel, New Years Eve llil December Ne•tJ Years Eve • January -Orange Bowl Games. Art Deco Weekend llil January Martin Luther King, Jr. Holiday • February-Miami International Boat Show.L..tBrokerage Yacht Show.L..tFood & Wine Festival, and Super Bowl -March -Winter Music Conference.L..tWinter Party/Sports and Fitness Festival ~~:~ April -Pride Weekend • May -Memorial Day Weekend • July -Independence Day Celebration. Swimwear Fashion Week • September -Labor Day Weekend • The Major Events Committee will take note of announced events and potential events of significance and initiate customized action plans. Each City department has specific action plans to address the requisite levels of service and outline their efforts and responsibilities associated with any upcoming major event planned within the City. • Major Event Plan -The Major Event Plan attempts to address the impact of an event and set forth the action plan involved from a preparation and implementation perspective and sets forth each City Department's service levels contingent upon anticipated population levels associated with each MEP and ancillary/related events. Special Events Requirements and Guidelines 11 339 II. Criteria for Grant of Special Event Permit -The City Manager shall be charged with the responsibility and authority to determine whether a particular applicant shall be granted a special events permit. The City Manager shall have sole authority, subject to the appeal process in STEP 3 of the Guidelines, to approve, approve with conditions, deny, and/or revoke a special event permits upon considering the following factors: 1. Type of Event a. The type of Event covers aspects of the event that relate to what demands the City is likely to experience and what kinds and/or numbers of of attendees can be expected. Other benefits or detractorspositives or negatives may stem from the hosting of one show versus another. Community profile, reoccurrence, and nature of the venue all are components to be evaluated in the Type of Event category. b. Another important aspect of is the value of ancillary events and conferences that may surround the event (other smaller shows I events). These may or may not be side events directly managed, or a part of, the event under review, or may_be shows and conferences from other sponsors that take advantage of the attendee population resident atof the main show. The venues for these other ancillary shows could be local hotels, arenas and parks, aml-in_support of the large event. Side events of this type may be considered a positive, from the additional economic impact they may provide, or they may be considered a detriment, depending on the nature and history of these side events. c. Whether or not the event is conducted for an unlawful purpose and/or in violation of Federal, State, County or Municipal laws. d. The existence of conflict or interference with another event or another applicant who has obtained a valid special event permit. When there are competing applications which are substantially for the same time and place, priority will be given on a first-come, first-served basis, but a first priority will be given to a pre-established, annual event, which is defined as one which has a minimum of five (5) consecutive years of existence in the City under the same ownership, is in good standing (which includes being current on all prior debts), and has complied with other applicable all obligations to the City in a timely fashion. e. Whether the event. if public (as opposed to a privatef.leEI. or corporate use). features a public benefit component as its primary function and is not. in and of itself. largely a promotional use designed to advertise or create publicity for product(s) to the public. 2. Economic Impact to the City a. The City will consider the event's long-term, short-term, and indirect effects on profiUcosts to local economic industries, including but not limited to hotels, restaurants, entertainment establishments, retail, and the City. b. The City will also consider events undertaken by not-for-profit organizations that demonstrate directly helping a charitable cause. c. An Economic Impact Survey is required to determine if an event has demonstrated a positive economic impact to the City. 3. Infrastructure and Service Demands (Quality of Life) a. The City will consider whether the event is compatible with the surrounding neighborhoods and complements the ambience and aesthetics of the area in which it is presented. b. The City will consider whether the event poses a public threat to residents, businesses, and visitors, not considering content of speech, message, or reaction to the message. Special Events Requirements and Guidelines 12 340 c. The stress that a show may place on various City services is considered in the evaluation process. Expenses associated with additional crowd control, policing, security, parking, and traffic shall be considered. d. The City will also consider the availability of these needed resources including time, people, money and equipment. e. Additionally, more intangible aspects of the effects that an event may have, relating to the quality of life aspects that may positively or negatively impact the local flavor of the City and the lives of the resident population, are also considered in this area, including the urgency of the event, the realistic time frame, and other events taking place in the City and South Florida area at the same time. f. Interference with traffic in the area contiguous to the event, and availability at the time of the proposed event of sufficient City resources to address the events potential impacts and mitigate the potential disruption. g. Availability of police officers, traffic control aides and traffic control equipment to protect the participants in the event and protect the non-participants from traffic related and other hazards in light of the need and demand for police protection at the time of the proposed event. h. Concentration of persons, vehicles or other structures at the event and feasibility of disbanding the area in order to allow fire, police and ambulance services. i. Substantial likelihood of subjecting neighborhood in immediate vicinity of proposed site of event to unreasonable and prolonged noise, littering, or parking difficulties. j. City services required for the event cannot be reasonably made available at the time of the proposed event. 4. References a. The event shall provide references from other locations that it has used. The evaluation should consider not only the references themselves but the quality of the references and the sources from which they come. A list of references that cover not only the previous venues for that event, but also the references from that City, its police and any civic organization that the past venue impacted showing the good citizenship and positive economic impact the event has had in other places where it has been held. b. Whether same or similar event has a history of causing or resulting in a threat to public safety in Miami Beach or elsewhere, except that if the public safety problem was caused by crowd reactions to the event's message, this factor alone, shall not be sufficient cause to deny or revoke a City special event permit. c. Material misrepresentation or incorrect material information made in the application process. Prior to a denial or revocation based on this factor, the City Manager shall give the applicant an opportunity to cure, satisfactorily rebut, or revise such evidence. d. Failure to complete payment of any sums required for a previous event until such time as payment is received. e. Failure to substantially perform a clean-up plan which was made a condition of a previous permit. f. Failure to adhere to City policy as prescribed by the Special Events Requirements and Special Events Requirements and Guidelines 13 341 Guidelines, or other applicable laws where the health, safety and welfare of the community is potentially affected. 5. Promotional Value a. Is the event under consideration a high profile event with good name recognition and a good reputation? The evaluation must try to assess the importance of having the City and the event linked in the press. All positive results that may be derived from the association should be considered. It may be that the value of having the event lies in the other high profile events that traditionally follow this one. b. Also, positive publicity surrounding a high profile event may have had the effect of long term increases in local tourism and free positive publicity for the area as a whole, increasing general business activity. No permit shall be denied nor shall the applicant for a permit be given less favorable treatment as to time, manner and place on account of any message which may be conveyed at an event, or on account of the identity or associational relationships of the applicant. No permit shall be denied nor shall the applicant for a permit be given less favorable treatment as to time, manner, or place on account of any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the event, provided that reasonable accommodation as to time, manner and place may be required in order for the City to provide the resources necessary for protection of health, safety and welfare. · No event applicant or permittee, shall be required to provide for, or pay for the cost of, public safety personnel necessary to provide for the protection of an event and its attendees from hostile members of the public or counter-demonstrators, or for traffic control outside the event area or for general law enforcement in the vicinity of the event. Ill. Criteria for Approval of Permit-After all required elements are completed, and City Departments and impacted neighborhoods have reviewed and submitted their comments regarding an application, the City Manager shall do the following: • Approve the permit; • Approve the permit with conditions; or • Deny the permit upon conditions (as set forth in these Guidelines). If the permit is approved, the City Manager, in consultation with the heads of the affected City Departments, shall also impose any necessary restrictions or conditions as to the time, manner and place to be observed in accordance with public safety, environmental and administrative considerations (based upon the application}, provided that such considerations shall not include any consideration of the content of any speech or message that may be conveyed by such event, nor by any considerations concerning the identity or associational relationships of the applicant, nor to any assumptions or predictions as to the response that may be aroused in the public by the content of speech or message conveyed by the event. After the City Manager approves the issuance of a permit, the applicant may obtain such permit by agreeing to accept the ''Terms and Conditions" imposed in accordance with these Guidelines. If the City Manager denies or subsequently revokes a permit, he will provide the applicant/permit holder with written notification and reasons for the denial/revocation of the permit (which shall be consistent with the criteria in these Guidelines). It is understood and inherent as part of the application process and agreed to upon by applicant upon submittal of the application. that application does not constitute approval and any and all marketing or production expenses incurred are solely the responsibility of the applicant and not the responsibility of the City regardless of the application's approval or in the event of denial. Special Events Requirements and Guidelines 342 14 IV. Natural Disaster/Weather -The declaration of an emergency, threat or a natural disaster, including extreme weather or the existence of a national threat, shall be just cause for the denial or revocation of a Special Event Permit. Under extreme weather conditions, including lightning storms, the City may temporarily suspend all operations or cancel an event. C. STEP 3: External Review Procedure Special events in the City of Miami Beach are subject to review and recommendation by the corresponding neighborhood or business association(s) and/ or as part of a monthly Special Events Community Review. Applicants will be required to present their plans to the appropriate neighborhood association. In the case where there is no legally constituted/recognized association and the expected event attendance exceeds 200, the matter may be referred to the City of Miami Beach Planning Board for review and recommendation. Recommendations from the respective associations or the Planning Board, stating its position on the proposed event, should be submitted to the Special Events Office at least 30 days prior to the event. The City will only recognize neighborhood associations that have filed for and received official neighborhood status. In order to receive official neighborhood status, organizations must meet the City's criteria. The City's criteria and a list of recognized neighborhood associations can be found on the City's website at www.miamibeachfl.gov. The City Manager shall consider recommendations from neighborhood association(s) in determining whether to grant a Special Event Permit or what conditions to impose upon granting of the permit. Notwithstanding, the City, through the City Manager, reserves the right to approve, approve with conditions, deny, and/or revoke any Special Event Permit. Permits may not be transferred, assigned or sublet, without prior written approval of the City Manager. The final decision for authorization of a Special Event Permit remains with the City Manager subject to an appeal as follows. In the event of a lack of consensus between the neighborhood association(s) (or Planning Board) and the City Manager regarding a decision on a permit, the association(s) (or Planning Board) may appeal the Manager's decision to the Mayor and City Commission for consideration at its next available meeting. The appeal must indicate in writing the association's (or Board's) reasons for disagreement with the Manager's decision in approving or denying the permit being appealed. Such appeal also must be accompanied by a written resolution of a majority of the board of the association (or the Planning Board) indicating the decision to file the appeal. The Mayor and City Commission may affirm, modify or reverse the decision of the City Manager. If the date scheduled for the proposed event arrives before the next available Commission meeting, the decision of the Manager will be final. If approval of the proposed event is delayed such that the event cannot be held on the date(s) and time(s) specified in the permit application, or if the event is not approved at all, the City will not be held liable for any expense(s), losses, or liabilities or other inconveniences incurred by the applicant as a result of same. D. STEP 4: Coordination of City Services Special events often require the supplementing or hiring of City services. The City's Special Events Office will review comments received during the internal and external review processes and will determine minimum staffing levels, with recommendations from the relevant Department directors. The City may also determine that enhanced City services are required during Major Event Periods (MEP's) in order to mitigate excessive stresses on City resources. In such instances, costs for enhanced services will be shared equally by and between all permitted events. The City assumes no liability arising or resulting from Special Events Requirements and Guidelines 15 343 the determinations of minimum staffing levels or the requirements for any events. A list of frequently required services is provided herein. Fully paid receipts/invoices for required supplemental or City services and equipment rental must be submitted to the Special Events Office no less than two (2) weeks prior to an event. Any additional services rendered by the City for the event will be charged to the applicant and may be deducted from the security deposit. When City personnel are employed, there will be a four (4) hour minimum charge rendered by the appropriate Department to compensate each employee engaged by the applicant. II. ADHERENCE TO REGULATIONS AND OTHER POLICIES The City of Miami Beach reserves the right to provide services that it believes are necessary and sufficient to safeguard and ensure the health, safety and welfare for all participants, visitors, businesses, staff and general citizenry. All arrangements for services or facilities shall be staffed and paid for at .Jeast.-two (2) weeksfifteen (15) davs prior to load-in of the event. An applicant's budgetary constraints cannot dictate staffing levels required for public safety. In addition to compliance with all applicable Federal, State and County regulations, the applicant shall comply with all City codes, regulations, and laws. Any other permits, as may be required by the City of Miami Beach, Miami-Dade County, the State of Florida, or the Federal government, must be obtained and adhered to. It is the sole responsibility of the applicant to obtain all permits and comply with all requirements, including but not limited to those described herein. The City of Miami Beach, under no circumstances, guarantees, warrants or represents that the issuance of a Special Event Permit exempts the event from obtaining, or ensure the obtaining of, any permits or complying with any requirements which may be required currently or in the future by any Federal, State or local authorities, including other permits that may be required by the City. The City Manager has the authority to alter or end an event at any time it is determined necessary to assure the continued health, welfare and safety of the City's residents and visitors. Lack of compliance with the City Manager's directives, including but not limited to, audio volume and adherence to site plan, shall be sufficient cause to warrant an event's closing (or other remedies provided in the City Code or herein). Issuance of a required Federal, State, or local permit does not authorize permission to hold an event. A City Special Event Permit must be issued to constitute authorization from the City to hold the activity. All pre-payment schedules for City services are due, as indicated, except the City reserves the right to waive this requirement for events which have an exemplary prompt payment history with the City established over the course of at least five (5) years. A. SeaGh Vehicle Access Policy ---=: Use of beaches, parks or pedestrian areas for event relat!Q. vehicles should be minimized, and Wwhenever possible, All Terrain Vehicles (A TV's), all terrain gators, and/or golf carts should be utilized by event producers for events taking place on the beach or in pedestrian areas such as parks. Notwithstanding the above, certain events taking place on the beach~ parks or other authorized use areas may require vehicular access to the beash sush areas for the purposes of loading-in and out of equipment for the event. all such vehicles,aOO must be removed from from the beashsuch areas immediately thereafter. There is a vehicle access fee of $150.00, per vehicle, per event. Event producers may purchase a maximum of ten (10) Vehicle 8eash Access Permits per event. unless additional passes are approved by City Manager or his/ her designee. A Vehicle 8eash Access Permit will be issued by the Special Events Office and must be displayed on the windshield of aAY every vehicle on the beach. For any beach access. aAII such vehicles must be escorted on and toff the beach beash by either City of Miami Beach Off Duty Police. Off-Duty Police or 8eash PatroiOcean Rescue. All other authorized access uses (i.e. in City parks) -may require escort by City of Miami Beach Police. Off-Duty Police er. Ocean Rescue or other designated City employee(s). All vehicles will be restricted to the location(s) listed on the permit. The event produser v.'ill be required to pro•1ide to the Special Events Requirements and Guidelines 16 344 Special Events Office a Management of Transportation (MOT) plan for all vehicular traffic on the beach. The MOT plan must be approved by the Off duty Police coordinating officer. All operating vehicles on the beach. park or other authorized use area beach shall follow the procedures listed herein: o Due care and caution will be utilized at all times while driving any vehicle on the beach. park or other authorized use areaaeaoo. o All vehicles on the beach. park or other authorized use area beach shall enter and depart the area 9eaGR at the nearest access point to the call. o Prior to entering the beach. park or other authorized use areabeach area, vehicle headlights and overhead flashing lights (if equipped) or flashers will be turned on. o Drivers must turn off radios and shall roll down both the passenger and driver's side front windows of their vehicle while operating a vehicle on the beach. park or other authorized use areaaeaoo. o Maximum speed allowed on the beach. park or other authorized use areaaeaoo is 5 MPH. o Vehicles, SUVs, and trucks are prohibited from driving on the soft sand where hard pack sand exists. o Vehicles, SUVs, and trucks shall stay west of the garbage cans on the hard .paek-n.ack sand at all times. o Do not drive over hills or berms (dunes) or near objects that may obstruct your view. o If you stop and exit your vehicle, walk completely around the vehicle prior to reentering your vehicle and moving it. o Traffic cones (orange, 18" high) must be placed at the front and rear of vehicles when parked on the 9eaGRbeach. park or other authorized use area. o Use of a cellular phone or walkie talkies while the vehicle is in motion is prohibited. o Personal vehicles are prohibited on the beach. park or other authorized use area beach at anytimeall times. These procedures are to be complied with at all times by anyone operating a vehicle on the beach. park or other authorized use areaBeach. Failure to comply with these procedures may result in immediate revocation of the permit and termination of the event. B. Booking Policy-Public locations are booked on a first-come, first-served basis, but a first priority will be given to pre-established, annual events, which are defined as those events having a minimum of five (5) consecutive years of existence in the City under the same ownership; which are in good standing (which includes being current on all prior debts); which have complied obligations in a timely fashion to the City; and which have demonstrated a positive economic impact on the City of Miami Beach. A special event shall not be booked if it interferes with a previously scheduled activity, event or repair work scheduled for the proposed site. The City Manager may take into account simultaneously occurring events in the region or other factors that would impact the City's capability to host an event before approving an event. Dates and locations are reserved on a first-come. first-served basis upon submission of a completed Special Event Application and payment of the Application Fee. Applications are NOT considered as confirmed until all required documentation and payments. as specified in the City's Special Event Requirements and Guidelines. are received by the City. Dates and locations may be reserved on a Second Hold basis by another applicant if the Second Hold applicant's event is the same or higher level of class of event as the First Hold applicant's event (see Section VII. Special Event Class Matrix. for breakdown on classes of event permits and their respective requirements}. A Second Hold applicant may challenge a First Hold application if the City has not received all required documentation and payments. as specified in the City's Special Event Requirements and Guidelines. If a Second Hold application challenges a First Hold applicant. the First Hold applicant will be required to post a cash bond in the amount equal to the estimated cost of City services (i.e. Off- duty Police. Off-duty Fire and Sanitation. etc ... } within fourteen (14 days) of receipt of notice from Special Events Requirements and Guidelines 17 345 date/location challenge from the City. Additionally, the Second Hold applicant must post a cash bond in the amount equal to the estimated cost of City services at the time of the date challenge. If the First Hold applicant fails to provide the City with the specified cash bond within 14 days of receipt of notice. the Second Hold applicant will then have a First Hold on the dates and location. If both parties fail to post a cash bond. the dates and location are released and will be made available on a first-come. first served basis. Bonds: All bonds MUST be either an original bond executed by a surety company, or by cash. money order. certified check. cashier's check. Unconditional Letter of Credit (Form 0041 0), treasurer's check or bank draft of any national or state bank (United States). in the amount equal to the estimated cost of City services (i.e. Off-duty Police. Off-duty Fire and Sanitation. etc ... ), payable to City of Miami Beach. Florida. and conditioned upon the successful execution of the special event. Security deposit of the event producer shall ~be applied toward the costs of City services (off-duty police. off-duty fire. sanitation. etc.) hired by the event producer for the special event. or may be forfeited to the City of Miami Beach as liquidated damages. not as a penalty. for the costs and expenses incurred should said event producer fail to execute the special event as specified in the Special Event Application and Permit. The time for execution of the special event and provision of the Bond may be extended by the City's Tourism and Cultural Development Director for good cause shown. 'J&Aw&s SF& liFAite!il te five Hil sseeisl &'a'BRt peFFF~it& peF esleR!ii&F vesF. Citvwi&e speeisl eveRt& &Alii e&A'a'eRtieR& iAelwliliRg, &wt R&t limite& te .• At.Ft issei. '.AJiFdeF Mwsie C&RfeFeRee. &Alii Miami IRt&FRstieRsl isst Sl:llew. sl:llsll Ret eewRt sgsiR&t tl:llis i speeisl eveRt peFmit &ARW&I limitstieR. I. Consecutive-Day Clause/ Limit of permissible events per venue-In no case shall a permit be issued to an applicant or venue, for substantially similar events, for more than four (4) consecutive days or five (5) non-consecutive periods of not more than four (4) consecutive days each during the course of a calendar year. A separate Special Event Permit shall be required for each individual venue of a multi-venue event. Certain public locations are appropriate for special events, but do not have certificates of use and occupancy defining their use. Such locations shall not be limited to the five (5) non-consecutive days per year limitation. Venues are limited to five (5) special event permits per calendar year. Citywide special events and conventions including. but not limited to. Art Basel. Winter Music Conference. and Miami International Boat Show. shall not count against this 5 special event permit annual limitation. Business or merchant associations are permitted to have events throughout the calendar year that promote and encourage patronage of the businesses in the geographic boundaries of the association. These events may NOT be retail oriented and MUST be free and open to the general public. A Special Event Permit may be required for such events and shall be obtained by the association. Such approvals shall abide by the City's Special Events Requirements and Guidelines. Cityv.,ide special events and conventions including, but not limited to, Art Basel, 'A'inter Music Conference, and Miami International Boat Show, shall not count against the aforementioned clause. The City Manager shall have the discretion to approve a Special Event Permit for events which exceed the consecutive day clause/ Limit of permissible events per venue, and shall also have the discretion to amend, modify or temporarily suspend the permit for such events. C. Concession Agreements-Unless calculated Square Footage fee (see D) is greater, aAII events which include retail sales or vending will be required to enter into a written concession agreement with the City. Beachfront and non-beachfront events shall provide 15% and 10% respectively of all gross revenues derived from admissions and the sale of food, beverages, and merchandise. In the case where a producer rents booths for the sale of food, beverage and merchandise, the gross rate shall be calculated on the Special Events Requirements and Guidelines 18 346 rental and/or concession revenues received by the applicant or the gross revenue generated by the concessions regardless of whether the applicant derives direct or indirect financial gain from such revenue. Copies of concession agreements and full disclosure of all principals must be provided to the Special Events Office two (2) weeks prior to the event. A notarized statement, certified by a Certified Public Accountant (CPA), of the above referenced revenue, along with payment of the aforementioned percentage, must be provided to the City no later than thirty (30) days following the event. The Security Deposit on file will not be released until such statement and payment have been submitted to and accepted by the City. Under the terms of the agreements between the City of Miami Beach and its beachfront concessionaires , there exists exclusivity for rental of beach equipment, water and recreational equipment, food and beverage service on the beachfront, east of the coral rock wall at Pier Park (Biscayne Street to First Street); and east of the sand dune in Lummus Park (from Fifth Street to Fourteenth Lane); Ocean Terrace (73 Street to 75 Streets); and North Shore Open Space Park (79 Street to 87 Streets). Additionally, the City may enter into additional agreements in the future with beachfront concessionaires for other beachfront locations seaward of City-owned property and/or seaward of street-ends at public right-of- ways. Any proposed special event to be held on the beach within one of the aforestated concessionaire's jurisdiction is subject to review by the concessionaire. Notification to the concessionaire by the applicant must be in writing at least 60 days prior to the event. A copy of the applicant's agreement with the concessionaire or a letter of release from the concessionaire must be submitted to the Special Events Office at least thirty (30) days prior to the event. Up-land Concession Areas -The City issues licenses to operate beachfront concessions to up-land property owners (areas located behind private property) from Government Cut to 87 Terrace. A written release from upland owner concessionaires is required for events proposed behind private property that may interfere with these up-land concession areas and must be submitted to the Special Events Office at least thirty (30) days prior to the event. I D. Use of Public Property-:: Unless Concession Agreement (see C) is greater, oPermit holders will be charged a net square footage rate of $.25 per square foot for public property occupied by the event for stages, booths, displays or areas restricted for exclusive use by the event. The Square Footage Fee will be calculated in the following manner: Enclosed Site: Aggregating the square footage of the total fenced area. Non-enclosed Site: Aggregating the square footage of the individual fixtures of the event (i.e. stages, booths, tents, display areas, bleachers, etc ... ). When a non-enclosed site effectively privatizes entire sections of public space. the dimensions of the borders of such elements themselves will be used in aggregating the square footage. The City Manager may, in his/her discretion, waive this fee for events by not-for-profit corporations, or other event, when such waiver is found to be in the best interest of the City. In the case that the permit holder is operating under a concession agreement with the City, the net square footage rate may not be applicable. E. Event Signage -Sponsorship banners and signage are allowed within the designated event site only and may be displayed only during the event. Banners must be immediately removed from the site following the event. I. Special Event Billboard Signs -Up to five (5) banners or billboard signs with a maximum size of 4'x8' may be approved for placement in designated public locations in the City. These signs are required to obtain Design Review approval from the Planning Department. A City application must be submitted to the Planning Department, no later than 60 days prior to the event. A Building Permit is also required prior to installation. II. Street Banners --Event advertising banners shall not extend or project over any portion of any Special Events Requirements and Guidelines 347 19 street, or right-of-way. Ill. Lightpost Banners --Lightpost banners are permitted in the City when approved by the Planning Department and the City Manager for special events taking place in the City of Miami Beach, and by the City Commission, for special events held outside of the City of Miami Beach. The application process begins at the Planning Department for Design Review approval no less than 90 days prior to the special event. Approved lightpost banner design with the banner locations are then forwarded to the Special Events Office. A $50.00 per banner fee ($25.00 per banner fee if applicant is a 501 (c)(3) 501 {c){3) or other equivalent and 'lerifiable b'{ state record non-profit organizations and verified by state recordsnot for profit entity) and $50.00 processing fee will apply. Lightpost banners on State Roads (i.e. 5th Street, Collins Avenue, 41st Street, etc.) require an additional permit from the Florida Department of Transportation. F. Grandfather Clause Notwithstanding the requirements described herein, the City recognizes the intrinsic historical, social, and cultural significance and importance of certain longstanding special events held continuously, on an annual basis, within the City. In recognition of such traditional longstanding events, special events in continuous annual operation since 1985 (Miami Beach Festival of the Arts and Art Deco Weekend) are herein deemed "grandfathered-in" solely for purposes of the following items and shall not be subject to these conditions: • Square footage fee; • Lummus Park user fee; • Street closure sign-off requirement; • Concession Agreement and User Fee; and • Security Deposit (Security Deposit will remain at $2,500). G. Resort Tax All events that include sales of food, beverages, alcoholic beverages, or wine are required to levy a two percent (2%) tax, as per Miami Beach City Code Chapter 102, Article IV. A copy of the aforementioned section of the City Code and the Special Event Resort Tax Return forms are available through the Special Events Office. It is the responsibility of the event producer to collect, complete the form and remit payment to the City. J. Sponsorship Requirements The following is a list of publicity and credit requirements for events or programs receiving financial or in- kind support from the City of Miami Beach: • Prominently display City of Miami Beach logo in all promotional marketing materials related to the event/program including, but not limited to, advertisements, brochures, websites, e-mails, newsletters, banners, posters, event programs, and other print and/or electronic publications. • Include the following credit line in all print news and press releases and broadcast media:"This event/program made possible with support from the City of Miami Beach" and include a quote from City of Miami Beach Mayor. • One full page full color ad in program guide • Website link to www.miamibeachfl.gov. • Events/programs offering travel packages will also provide a link for to the following websites: o www. visitmiamibeach. us o www.miamiandbeaches.com • On-stage signage in a prime location (if applicable). • Provide a booth/display area at all events (if applicable). • Live announcement(s) during the event by emcee. • Consistent with Resolution No. 93-20694, Ag_ll sponsored events/programs shall provide a maximum minimum of four (4) two (2) complimentary tickets for which tickets are available to each of the following City Officials: o Mayor and City Commissioners; Special Events Requirements and Guidelines 20 348 o City Manager; and o City Attorney. The following City Officials shall each receive a maximum of two (2) complimentary tickets for which tickets are available: o Assistant City Managers; and o Special Events Administrator. Any and all remaining tickets shall be donated to disadvantaged youths, disabled persons, senior citizens of Miami Beach, and other individuals who do not have the financial ability to purchase tickets for such events. The City reserves the right to negotiate additional terms if in-kind and financial support is in excess of $25,000. Ill. Enforcement and Penalties. (a) Civil fine for violators. The following civil fines shall be imposed for a violation of this section: (1) First offense within a 12 month period a fine of $1.000.00; (2) Second offense within a 12 month period a fine of $2.500.00; and (3) Third offense and subsequent offenses within a 12 month period a fine of $5.000.00. (b) Enforcement. The code enforcement department or the Miami Beach Police Department shall enforce the provisions of this section. This shall not preclude other law enforcement agencies or regulatory bodies from any action to assure compliance with this section and all applicable laws. If a Miami Beach Police Officer or a Code Compliance Officer finds a violation of this section. the Miami Beach Police Officer or the Code Compliance Officer shall issue a Notice of Violation to the violator as provided in chapter 30 of this Code. as may be amended from time to time. The Notice of Violation shall inform the violator of the nature of the violation. amount of fine for which the violator is liable. instructions and due date for paying the fine. notice that the Violation may be appealed by requesting an administrative hearing within ten days after service of the Notice of Violation. and that failure to appeal the violation within the ten days. shall constitute an admission of the violation and a waiver of the right to a hearing. (c) Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal. ( 1) A violator who has been served with a Notice of Violation shall elect either to: a. Pay the civil fine in the manner indicated on the Notice of Violation: or b. Request an administrative hearing before a special master to appeal the Notice of Violation within 1 0 days of the issuance of the notice of violation. (2) The procedures for appeal by administrative hearing of the Notice of Violation shall be as set forth in sections 30-72 and 30-73. (3) If the named violator. after issuance of the Notice of Violation. fails to pay the civil fine. or fails to timely request an administrative hearing before a special master. the special master shall be informed of such failure by report from the Code Compliance Officer or the Miami Beach Police Officer. Failure of the named violator to appeal the decision of the Code Compliance Officer or the Miami Beach Police Officer within the prescribed time period shall constitute a waiver of the violator's right to administrative hearing before the special master. and be treated as an admission of the violation. and fines and penalties may be assessed accordingly. (4) Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. Special Events Requirements and Guidelines 21 349 (5) The Special Master shall adjudicate a violation upon failure to request an administrative hearing with ten (1 0) days of the issuance of the Notice of Violation. and shall be prohibited from hearing the merits of the Notice of Violation or consideration of the timeliness of the request for an administrative hearing. (d) Enhanced penalties. The following enhanced penalties shall be imposed. in addition to any mandatory fines set forth in (9){a) above. for violations of this Section: (1) If the offense is a fourth offense within the preceding 12 month period of time. in addition to the fine set forth in (9)(a). the property owner. event producer or permittee shall be restricted from receiving a Special Event Permit for a three (3) month period of time. (2) If the offense is a fifth offense within six (6) months following the fourth offense. in addition to any fine set forth in (9)(a), the property owner. event producer or permittee will be restricted from receiving a Special Event Permit for a six (6) month period of time. The property owner. event producer or permittee shall be deemed a habitual offender. (3) The City Manager may decline to issue future Special Event Permits to such person or entity that have been deemed habitual offenders pursuant to this section for a period of one year. or such other period of time acceptable to the City Manager. IV. CITY OF MIAMI BEACH AGENCIES A. Building Department I. Building and Electrical Permits -Pursuant to the South Florida Building Code, the City's Building Department must issue a building permit for all special events involving temporary construction or the use of temporary electrical power., Examples of temporary construction include, but are not limited to, freestanding tents, stages, fences, bleachers, and electrical. The applicant must present a copy of the Building Permit to the City's Special Events Office at least tvJO (2) 'Neeksfifteenfourteen (144&) days prior to the event. 11. Americans with Disabilities Act -All special events must be designed and operated in a manner to be in compliance with Chapter 553, Florida Statutes (the Florida Accessibility Code). The following checklist is provided for guidance as to how compliance must be achieved: 1. Ensure curb cuts and cross walks are kept free and clear for usage, with a continuous accessible route of 44 inches in width. 2. The Event producer must ensure that any nearby accessible on-or off-street parking ("handicapped parking") is not obstructed by vehicles loading/unloading equipment, etc. If such obstructions occur, the Event producer must see that such obstructions are removed immediately. Accessible parking spaces shall be connected to the site's continuous accessible route, with no obstructions between the accessible parking spaces and the curb ramps that serve those spaces. 3. Any and all accessible routes created and/or installed by the Event producer, or under the Event producer's supervision, must have no abrupt change in level in excess of X inch. Where such changes in level are present, properly bevel the change in level at a 1 :2 ratio or provide a ramp with a slope not to exceed a 1: 12 ratio. This is necessary to allow passage of wheelchairs or strollers and prevent tripping or the catching of walkers and canes. Any ramps provided must be in compliance with all Florida Accessibility Code requirements, including, but not limited to, requirements regarding edge protection, handrails, and surface. Special Events Requirements and Guidelines 22 350 4. Provide a smooth transition between temporary pathways and any ramps, sidewalks, streets, or parking lots. This means no change in level exceeding % inch. Any change exceeding % inch requires beveling at a 1 :2 ratio or the installation of a ramp with a slope not to exceed a 1:12 ratio. Any ramps provided must be in compliance with all Florida Accessibility Code requirements, including, but not limited to, requirements regarding edge protection, handrails, and surface. 5. All cashier counters (counters where money transactions occur) must be no higher than 36 inches maximum above finish floor, for a minimum length of 36 inches. 6. Maintain an accessible route for access to merchandise that is both within a vendor space, as well as merchandise not contained within a vendor space. If the overflow of merchandise for patron viewing is placed behind a booth, then provide adjacent access to the merchandise via a curb ramp, as well as the placement of a pathway with a stable and firm surface necessary for the use of wheelchairs and mobility aids. 7. Merchandise for display should be within a line of sight no higher than 48 inches for persons of short stature or wheelchair users. If merchandise is displayed higher than 48 inches, merchant must provide assistance to disabled customers in order to reach items. 8. All vendor spaces shall be located on an accessible route that is a minimum of 44 inches wide. 9. If tables and seating are provided for the consumption of food, all aisles adjacent to accessible fixed seating shall provide 30 inch by 48 inch clear floor space for wheelchairs. Where there are open positions along both sides of such aisles, the aisles shall be not less than 52 inches wide. 10. For wheelchair seating spaces provided at tables or counters, knee spaces at least 27 inches high, 30 inches wide, and 19 inches deep shall be provided. The tops of accessible tables and counters shall be from 28 inches to 34 inches above the finish floor or ground. 11. Where food or drink is served at counters exceeding 34 inches in height for consumption by customers seated on stools or standing at the counter, a portion of the main counter which is 60 inches in length minimum shall be provided in compliance with the requirements of Items #9 and #1 0 above, or service shall be available at accessible tables within the same area. 12. Where portable toilets are provided, an accessible route shall be provided to the toilets. Five percent (5%) of the total number of toilets must be accessible. If clusters of portable toilets are distributed throughout the site, then each cluster must have accessible units. 13. If general assembly seating or standing space is provided for audience members attending a public performance at a special event, reserved wheelchair seating must be provided. Such seating must be provided in a location that allows wheelchair users an unobstructed line of sight to the stage. If seating capacity accommodates greater than 300 persons, then accessible seating shall be dispersed throughout the venue. 14. All flyers and written promotional materials for the event should be made accessible to people with disabilities, including those with hearing and visual impairments. It is recommended that the following statement be included on promotional materials: "Call [your number followed by word "voice"] or the Florida Relay Service (TTY) at 711to request material in accessible format; sign language interpreter (5 days in advance), or information on access for persons with disabilities". Sign language interpretive services must be provided, eif requested by the City five (5) days in advance of the event. 15. For performers who are disabled, all stages, show mobiles and dressing areas must be accessible. Special Events Requirements and Guidelines 23 351 16. All ADA considerations must be identified and detailed on the site plan. The site plan will be submitted to the Building Department Accessibility Plan Reviewer for approval. B. Code Compliance I. Field Inspector-The City may require the applicant to hire a Field Inspector and/or a Code Compliance Officer to serve as an overall on-site coordinator, whose responsibility will be to ensure that all services are provided, the event runs smoothly, and that all Federal, State and local rules, regulations and ordinances are complied with. Special event producers agree and understand that a Field Inspector and/or a Code Compliance Officer, which will report to and be under the direction of the City, may be required in order to ensure compliance, as approved by the special event permit, and the conditions imposed with the issuance of such permit. Enforcement includes all activities leading up to, including, and following the conclusion of permitted endeavors._Event producer further agrees and understands that any and all costs associated with such Field Inspector and/or Code Compliance Officer shall be borne by the producer and reimbursed to the City prior to refund of security deposit pursuant to Section A (VII) herein. Producer's responsibility for the costs associated 'l.'ith such Field Inspector or Code Compliance Officer shall be limited to tv:Jenty seven dollars ($27) per hour. Field Inspector and/or Code Compliance Officer wUI--may be required for aU-events with expected attendance of 1,000 persons or greater. Field Inspector/Code Compliance Officer requirement for all other events will be determined on a case by case basis. II. Signs (Flyers) & Hand Bills-The City regulates the distribution of flyers, handbills or stickers. Specifically, distribution of handbills upon premises of another when requested not to do so is prohibited as per City Code Section 46-117, and placing or distributing any handbills on vehicles is prohibited as per City Code Section 46-118. Violations will be issued by Code Compliance for violations on public property and for handbills placed on automobile windshields carrying a fine of $50 for each sign (flyer) or handbill and a $23 removal charge per sign. Ill. Noise Ordinance -The City prohibits unreasonable and disruptive noise that is clearly incompatible with the normal activities of certain locations at certain times. Both the Miami-Dade County Noise Ordinance, Section 21-28 of the Code of Miami-Dade County, and City of Miami Beach Noise Ordinance, Article IV, Sections 46-151 to 46-162, are applicable and enforceable to both public and private property within the City. These Ordinances make it unlawful for any person to make, continue or cause to be made any loud, excessive or unusual noise. If the excessive noise occurs between the hours of 11 :OOPM and 7:00AM in such manner to be plainly audible at a distance of 100ft from the building, structure or vehicle in which it is located, this shall be prima facie evidence of a violation of the Ordinances. If a noise violation occurs, the enforcing Code Compliance Officer will require that the noise be lowered to an acceptable level. Failure to do so, or a second confirmed violation within one 24 hour period, 'Nill result in the Police Department being notified. Failure to comply with a request from the Department of Code Compliance or the Police Department concerning violation of the Ordinances may result in the immediate revocation of a Special Event Permit and/or aFFe&timmediate cease and desist of event activity. C. Fire Department I. Off Duty Fire & Paramedic Services -Depending upon the type of event and estimated attendance, off-duty or private fire rescue personnel may be required at the expense of the applicant. As a general rule, a minimum of one paramedic for up to 1 ,000 people and two paramedics for up to 5,000 people, and a rescue unit for up to 10,000 people, which consists of 2 paramedics and a team leader, are required. Enclosed events and tents over 400 square feet may require off duty Fire Inspectors depending on the type of event and estimated attendance. The City of Miami Beach assumes no liability arising or resulting from the determinations of minimum Special Events Requirements and Guidelines 24 352 staffing levels or the requirements for any events. The final decision for the minimum number of Fire Rescue/Prevention personnel required will be determined by the City's Fire Chief or his/her designee. II. Enclosed Events Site Plan And Occupant Load -Site plans for enclosed events requiring fencing or tenting must be submitted for review and approval to the City's Fire Department. Building Department permits cannot be issued until the Fire Department approves the event site plan. Non-substantial on-site adjustments to site plans may be made in consultation with and approval of the City's Fire Marshal, or his/her designee. The Fire Department requires a 20 foot emergency vehicle access lane between easternmost portion of the sand dune and any fencing or tents for all beachside events. Enclosed events are required to adhere to an occupancy number, as well as comply with the requirements determined by the City's Fire Department, once site plan is approved. A walk-through to verify that the actual setup meets with the approved plan will be conducted prior to the event opening. Event promoters are responsible for adhering to the determined occupancy number and any violation of the occupancy number can result in penalties and /or fines. Ill. Fireworks Permit-All events, public or private, featuring a fireworks display or pyrotechnics must obtain a fireworks permit from the City's Fire Department. A written request for the permit must be submitted to the Fire Department at least 30 days prior to the event and approved no later than 1-1 days prior to the event. Following approval of the permit, the Fire Prevention Bureau will make a site inspection. A minimum of two (2) fire fighters will be required to be on-site from the time the fireworks are delivered at the site, until termination of the display and the removal of all fireworks and debris from the site. Payment for required fire personnel will be the sole responsibility of the applicant and must be made two (2) weeks prior to the event. The firm or individual responsible for setting up and setting off the fireworks must obtain a Comprehensive General Liability or Fireworks Display Liability Insurance policy (see Insurance Section for language and rating requirements). IV. Open Pit And Bonfire Permit -Separate permits are required for open pit and bonfires. Applications for a permit may be obtained from the Fire Department, and must be approved and paid to the City at least two (2) weeks prior to the event. These activities will require hiring off-duty fire personnel. Such activity on the beachfront is subject to Florida Department of Environmental Protection regulations governing heat transference and lighting during Marine Turtle nesting season (May 1-October 31). D. Miami Beach Convention Center On occasion, events, meetings and/or conventions taking place at the Miami Beach Convention Center (MBCC) may desire extending their production onto Convention Center Drive, between Dade Boulevard and 17 Street, and into the City's Preferred Parking Lot. In such event, the City considers this use an extension of the MBCC premises. As such, all City requirements including, but not limited to insurance, indemnity agreement, site plan, security plan, and sanitation plan will be incorporated into the respective event's agreement with the MBCC and will be coordinated by the MBCC. The MBCC will complete a special event questionnaire (please refer to attached Appendix C) and provide the Department of Tourism and Cultural Development a copy of all required documentation pertaining to the event for the department file. If street closures are requested, the Department of Tourism and Cultural Development will assist in coordinating this request, as well as all other items as may be required. Special Events Requirements and Guidelines 25 353 E. Ocean Rescue Depending upon the location and type of event, estimated attendance, and hours of operation, off-duty lifeguards may be required. The Captain of the City's Ocean Rescue will determine the minimum number of lifeguards. F. Parking Department Overall Parking Plan -A comprehensive Parking Plan which identifies where parking is to be provided for event staff, equipment vehicles, and event participants, as well as the location and amount of accessible parking spaces must be developed, in writing, and approved by the City's Parking Director or his designee. Public parking resources may be supplemented with privately owned parking areas to accomplish this plan. All fees incurred through use of Parking Department resources, which may including meter rentals, off-duty enforcement officers or rental of lots, must be pre-paid in full no later than two (2) weeks prior to the event. • Valet ramping spaces are to be used exclusively for ramping and valet related operations. All other activities are explicitly prohibited. • Parking meters shall not be used for advertising or marketing related activities, unless associated with a special event as defined herein. G. Parks and Recreation Department I. Facilities and Personnel -Many City of Miami Beach recreation facilities, amphitheaters, and parks are available for rent during non programmed hours for special events, and have specific fees, based upon hours of usage, including setup and breakdown times. Request for usage must be at least one month prior to the event. Rental payments for such facilities must be made two weeks prior to the event. Proof of payment must be submitted to the Special Events Office. Applicable user criteria will be available for park venues through the Parks & Recreation Department. Depending upon the venue, nature and scope of the event, the hiring of City of Miami Beach Parks and Recreation personnel may be required. A City facility (e.g., a building) used for a special event must be staffed by a City employee. Depending on usage, additional facility staff, janitorial service and electrical staff charges may be applicable. Payment for the staffing is the sole responsibility of the applicant, and must be received no later than two (2) weeks in advance of the event. II. Park User Fees Park User Fees -A special event impact fee will be imposed for all events taking place at a City Park including, but not limited to, Lummus Park, South Pointe Park, Collins Park, Flamingo Park, SoundScape and North Shore Open Space Park. Lummus Park includes the area east of Ocean Drive, the park itself, and the beachfront east of the park from 5-15 Streets. This supplementary user fee will be calculated at the rate of twenty-five (25%) percent of the total cost of City services for the event. These funds will be used exclusively for enhancements to those parks utilized by said events. Lincoln Road User Fee For events taking place on Lincoln Road_.-9f--Lincoln Lane or the finger streets from Lincoln Lane South to Lincoln Lane North along Lincoln Road, a special event impact fee will be imposed. This supplementary user fee will be calculated at the rate of twenty-five (25%) percent of the total cost of City services for the event. These funds will be used to enhance Lincoln Road. Due to the pedestrian nature of Lincoln Road, no motor vehicles are allo-.¥ed beh".'een VVashington and Leno* Avenues. Due to the unique characteristics of the 11 00 block of Lincoln Road, impact fees derived from events taking place in this area shall be separated and used to enhance the 11 00 block of Lincoln Road exclusively. Special Events Requirements and Guidelines 26 354 H. Police Department I. Security Plan and Services -Depending upon the type of special event and estimated attendance, security personnel, such as off-duty police personnel and private security personnel, may be required. The Security Plan shall be prepared by the event producer in consultation with the Office of Special Events and the City of Miami Beach Police Department's Off-duty Office. The plan shall specify the number of off-duty officers or private security guards, if applicable, hired by or expected to be hired by the applicant. At the option of the applicant, the entire security personnel may be comprised of off-duty police personnel. Cost of off-duty police personnel is dependent on the number and rank required. As a general rule, if four or more officers are required, one must be a supervisor (sergeant or above). Larger contingents of officers may require additional police supervisors. Payment for off-duty police services, based on the estimate, is required to be paid in full no less than two (2) weeks in advance of the event. Payment adjustments for off-duty police services, based on a final invoice, is required to be paid in full no more than two (2) weeks after the event. The Chief of Police or his designee will make the final determination of minimum levels of police security. Any private security personnel contracted for by the applicant must be licensed by the State of Florida. If security personnel islf security personnel are to be hired, a list of names and license information must be provided to the City's Police Department no less than two (2) weeks in advance of the event. The City's Police Department may require additional security or off-duty police personnel for crowd control, traffic control and general security during the event. The minimum number of police personnel is dictated by the Off-duty Police Coordinator and is dependent upon the type of event, date of event, time of event, location of event, the site plan for the event, the type of entertainment during the event, whether alcohol is consumed at the event, and the estimated attendance at the event. • Overnight & Backstage Security --Applicants may contract, at their own expense, for off-duty police services or with private security guards for overnight and backstage security concerns. On- stage security will be handled by private security at the applicant's expense. • Marine Patrol -All water-based special events, or those activities likely to attract crowds to or near the water, must provide prior written notice to the Miami Beach Police Marine Patrol and Beach Patrol. Certain events may require prior written authorization from the United States Coast Guard and may also require off-duty services and equipment from the City's Marine Patrol, Florida Marine Patrol, or United States Coast Guard, at the expense of the applicant. In such cases, written authorization is required no later than thirty (30) days prior to the event. • Police Escorts for Entertainment-If so requested, the City may supply police motorcycles or car escorts for entertainers. This service must be arranged in advance of the event and must be listed in the proposal for the event. The cost for this service is determined by the City's Police Department and will be at the applicant's expense. II. Street Closures -Certain streets within the City of Miami Beach may be temporarily closed to limit or exclude vehicular and/or pedestrian traffic prior to, during, and after any special event. Depending upon the location, additional approval may be required from Miami-Dade County or the State of Florida. The City Manger, in his/ her discretion, may also require applicants to provide "sign-offs" showing approval from a majority of landlords and/or residents (or their group Special Events Requirements and Guidelines 27 355 representatives) whose direct vehicular access to buildings will be affected by the proposed closure. Regardless of the jurisdiction, the Chief of Police and the City's Public Works Director must first approve street closures with final approval retained by the City Manager. Requests for street closures must be made at least forty-five (45) days prior to the event. In closing a State street (i.e., 5 Street, Collins Avenue, 41 Street, Alton Road, 71 Street, and Harding Avenue) prior approval is required by the Chief of Police, City's Public Works Director, and City Manager. The application must be processed at least 30 days prior to the event. The applicant must then forward the completed application to the Florida Department of Transportation (FDOT) to receive aA€1-the FDOT permit. FDOT must receive application at least 30 days prior to the event. In order to close a County street (i.e., Venetian Causeway/17th Street) the application will be forwarded to the Miami-Dade County Public Works Department by the City's Police and must be received at least 30 days prior to the event in order to send to the County for processi.!J.g. Ill. Barricades & Electronic Signs -Barricades and electronic directional signs may be required, depending upon the location and/or site plan of the event, to cordon off the surrounding areas or to close streets to vehicular traffic. The City's Police Department, along with the Parking Department, will determine the number and location of barricades. The rental cost of barricades and electronic directional signs will be incurred directly by the event producer. Payment is the sole responsibility of the applicant, as is actual set-up and removal of barricades on the event date{s). - IV. Parade Requirements -The City Code defines "Parade" as any march or procession consisting of persons, animals, vehicles or any combination thereof, traveling upon any public way, within the territorial jurisdiction of the City. All parades must abide by Section 106-346 of the City Code. Pursuant to this Code Section, a separate permit to hold a parade must be obtained from the Chief of Police. The permit application must be filed not less than 15 days nor more than 90 days prior to the day on which it is proposed to be held, and simultaneously copied to the Special Events Office. The Chief of Police may revoke a parade permit at any time he determines the parade is to be conducted or is being conducted in violation of the terms of issuance. Any applicant aggrieved by the Chiefs decision may appeal it to the City Manager. V. Demonstrations, Pickets and Free Speech Activities -The First Amendment of the United States Constitution affords demonstrators the constitutional right to assemble and speak in a peaceful and orderly manner. Therefore, the City shall not require or issue permits for such activity. Demonstrations and pickets consist of activities which are generally performed in public in support of or against a person or cause and which may have the potential for impeding movement along a public right-of-way or other disruption. Organizers of such events are asked to submit a questionnaire, site plan, and to notify the City of Miami Beach Police Department Patrol Division Commander of their intentions, and to provide details of the planned activity in order to ~insure the health safety and welfare for all concerned. If requested by the Special Events Office, a copy of an approved Police plan should be provided. There may be instances where the nature of the demonstration and/or the number of participants (including counter-demonstrators) will require restrictions in order to protect the health, safety and welfare of every citizen by means of providing crowd control, traffic control and general security to the public. Such restrictions will be communicated to the individual or group prior to the activity. The Special Event Permit Requirements do not apply to such activities. Demonstrations, Pickets and Rallies must abide by Section 1 06-346 of the City Code. I. Property Management Based on the electrical, engineering and/or plumbing impact of a special event on City property, the applicant may be required to hire City electricians, engineers or plumbers. Special Events Requirements and Guidelines 356 28 J. Public Works Department Environmental Resource Management These items listed below are to intended help preserve the health and welfare of the City of Miami Beach's coastal areas. Vehicles • Vehicles allowed to access and remain parked on the beach during an event MUST display a temporary parking placard • All vehicle access to the beach is restricted. Access points MUST be identified by City staff for each event. • All vehicles shall require a police or beach patrol escort when crossing on to the hard pack (beach) and at all times east of the Erosion Control Line. • All vehicles should utilize lights and flashers when traveling on the beach Parking • Any vehicle parked on the beach shall be prevented from distributing fluids on the ground (sand) by the placement of an absorbent pad under the engine compartment -these pads shall be properly disposed off once the vehicle vacates the beach • All vehicles parked on the beach shall have cones placed at the front and rear of the vehicle Fuel • The storage of any petroleum product or chemical shall be prohibited unless prior approval has been issued by the City -storage of such material shall be in accordance with life safety and environmental regulations -storage shall be in appropriate spill proof containers for type of chemical, shall be stored a significant distance away from any population, storage area shall contain signage identifying the storage site and indicating which type of chemicals are being stored -required clean up of any chemicals will be at the expense of the applicant • The fueling of vehicles on the beach (event site) shall be strictly prohibited unless given a special fueling permit where the applicant must act according to approved standards -fuel must be stored in spill proof containers etc. Such a permit is only approved by the City's Environmental Division. Temporary Construction • A site inspection, by the City, shall be required prior to and after an event to ensure that the event site and surrounding area has been restored to a clean and acceptable condition • When possible, tents shall be secured with water barrels in place of ground stakes -where ground stakes are used, the holes shall be filled, compacted and area raked or graded to restore to natural conditions • Any structures requiring permits from the City's Building Department or Public Works Department shall be required to be reviewed by the City or County Division of Environmental Resource Management (DERM) for potential environmental impacts Live Animals • The incorporation of animals in any special event shall require adequate ground cover under cages - material shall be absorbent in nature and not permit the transfer of fluids to the ground. Dune System • Absolutely no activity is permitted within protected dune area - a minimum of a 20' setback west of the west end of the dune and 20' east of the east dune line shall be required. • Pedestrian traffic to special events shall only use demarcated pathways and dune crossovers for ingress and egress to event site. • Directional signage must be provided when public access at a dune crossover is blocked. Special Events Requirements and Guidelines 29 357 Beach Impacts (other) • Special Events occurring during hurricane season shall have an emergency evacuation plan that will go into effect within eight (8) hours of a hurricane warning and be completed within twenty-four (24) hours -all equipment, material, staff, staging, vehicles and associated appurtenances shall be removed from event site within the allotted time Right-of-Way Permit--A Right-of-Way Permit must be obtained when there is anchoring to or excavation of any right-of-way or City property. The method of anchoring or location of any excavation may be denied or altered by the City based on potential hazards to existing utilities. The cost for such permit will be pursuant to City ordinances (concerning work on the right-of-ways) and may include a cash bond based on estimated potential damage to City property. Proof of financial ability to cover estimated damages must be submitted to the Special Events Office. For events occurring on City streets or sidewalks, an inspector from the Public Works Department will inspect the area in question prior to the event for any hazards, potholes or damaged fixtures. Any problems will be repaired or noted. A visual inspection will take place following the event to identify any damage to City property caused by the event. Any identified damages in the City right-of-way, on termination of the permit, will have to be repaired by the event producer within a time specified by Public Works. If the producer fails to complete these repairs in a timely manner or wishes the City to complete such restoration work, then costs incurred by the City, including reasonable overhead expenses, will be deducted from the Security Deposit and the event producer will be charged for any, such costs not covered by the deposit (as per Section A Step 1). K. Sanitation Department Applicants shall be solely responsible for cleaning the area during and after the event. Should the applicant choose, the City will provide personnel for this function. The cost of the clean-up will be calculated by the City, and will include dumping fees and equipment rental. Should an alternate cleaning service be contracted, the applicant shall be responsible for obtaining all necessary dumpsters. All arrangements and removal of garbage, trash, and other debris are the sole responsibility of the applicant. A City permit authorizing placement of dumpsters must be obtained through the City's Sanitation Department, and submitted to the Special Events Office no less than two (2) weeks prior to the event. Applicants are required to meet sanitation standards to assure an adequate number of litter containers are on-site, and must encourage guests to comply with the City of Miami Beach's anti-litter efforts. Glass containers and plastic straws are prohibited. Recycling efforts are encouraged. Applicants shall ensure that the event site is returned to its original condition within twenty-four hours. Failure to clean up after the event will result in a fine (as per Section Ill herein) issued to the event producer, as well as additional charges for City services. Applicants seeking use of public restroom facilities outside of standard operating hours may also be required to hire attendants to facilitate public restroom maintenance and supplies during the event. These services may be contracted through the Public Works Department. Proof of payment must be submitted to t~e Special Events Office at least two (2) weeks prior to the event. V. OTHER AGENCIES A. The Miami Beach Visitors and Convention Authority (VCA) and Cultural Arts Council (CAC) The City of Miami Beach does not directly fund special and cultural events. The VCA and CAC utilize City funds for the purpose of special and cultural event funding. Approval of an application for funding by either the VCA and/or the CAC shall not constitute either expressed or implied approval of a special event permit by the City of Miami Beach. Should the VCA or CAC fund an event, the appropriate logo shall be incorporated in all event print advertising or promotional materials, as per the funding terms and conditions of the VCA and I or the CAC. Special Events Requirements and Guidelines 30 358 B. Miami-Dade County • Permit for Temporary Food Sales -The Miami-Dade County Department of Business and Professional Regulations, Division of Hotels & Restaurants, sets forth rules and regulations for safe operation of temporary food service establishments. To obtain the necessary permits, sponsors or applicants must notify the Department of Business and Professional Regulations no later than three (3) business days prior to the event. A license fee for a 1-3 day event is $40.00 per vendor. • Beach Cleaning -Applicants desiring use of the public beach must arrange for the cleaning of the beach, prior to, as well as after, the event, as necessary. Beach cleaning may be arranged with the Miami-Dade County Parks Department or a private sanitation company approved by the Miami- Dade County Parks Department. Proof that clean-up arrangements have been made must be submitted in writing to the Special Events Office at least two (2) weeks prior to the event. C. State of Florida • Department of Environmental Protection, Division of Beaches and Shores --If an event is to be held on the beach, a State Field Permit is also necessary for all temporary non-portable structures on the beach, east of the Coastal Construction Control Line. This would include, but not be limited to, the following types of temporary structures: stages, fences, tents, lighting and sound systems. A detailed site plan and written narrative description of all installations must be submitted to the Special Events Office no later than 60 days prior to the event. As conditions of the State Field Permit, the State also calls for the protection of marine turtles during the marine turtle nesting season, beginning May 1, and ending October 31, in Miami-Dade County. Conditions relevant to areas east of the Coastal Construction Control Line (CCCL) include: structures to be constructed and left overnight, including temporary fencing, shall have 3 feet of vertical clearance and shall be located as far landward as possible; no lighting associated with the event is authorized after 9:00 pm without approval from the State of Florida; and permit holders may be required to hire turtle monitors from sundown to sunrise. Other conditions, as prescribed by the State may apply. Events requiring exemptions from any of the above marine turtle nesting conditions will need to provide the City with written approval from the State of Florida Wildlife Commission. Florida Statutes, Chapter 161, calls for the protection of beach dune systems and impose fines for damage caused to the natural dune systems along the Beach. It is the responsibility of the applicant to provide adequate security measures to ensure protection of the dune area from damage that may be caused by an event. • Division of State Lands--Depending on the type and nature of the event(s), the Division of State Lands has the right to negotiate a separate use agreement with the special event producer and will charge for the use of the land. This fee may include a contribution to the State Lands Trust Fund, as well as a use fee, and would require State of Florida Cabinet approval. If applicable, proof of the Division of State Lands approval shall be submitted to Department of Tourism and Cultural Development before a permit is issued. • Florida Marine Patrol -Any type of water activity held within the City of Miami Beach must give notice to the Florida Marine Patrol. Notice must be in the form of a letter, with a copy to the City provided no less than two (2) prior to the event. • Division of Alcoholic Beverages and Tobacco --If the event is being produced by a not-for- profit organization which desires to sell or serve alcohol, the organization must apply for a temporary liquor license from the State of Florida, Division of Alcoholic Beverages and Tobacco under Florida Statute 561.42. In order to obtain the license from the State, a letter of authorization must be obtained from the City. Prior to the issuance of this letter the following must be submitted: Special Events Requirements and Guidelines 31 359 * * * Certificates of all applicable insurance including, general liability and liquor liability. A completed Indemnity Agreement. A signed letter on letterhead from the non-profit organization agreeing to have the temporary liquor license in the organization's name. • Florida Department of Transportation Lightpost Banners --Banners proposed to be placed on State Road lightposts require an additional permit from the Florida Department of Transportation, following Design Review approval from the City's Planning and Zoning Department and approval from the Miami Beach City Commission. Depending upon the scope and nature of the event, additional State permits may be required. D. Federal Government • Federal Aviation Administration -Any type of unusual air activity above the City of Miami Beach planned in conjunction with a special event, which has the potential to disrupt commercial air traffic, must be approved by the Federal Aviation Administration (FAA). Approval will be requested through the City's Department of Tourism and Cultural Development on the applicant's behalf. • Coast Guard -Any individual or organization planning to hold a regatta or marine parade which, by nature, circumstances or location, will introduce extra or unusual hazards to the safety of lives on the navigable waters under the jurisdiction of the U.S. Coast Guard, shall submit an application to the Coast Guard District Commander having jurisdiction of the area where it is intended to hold such regatta or marine parade. Examples of conditions which are deemed to introduce extra or unusual hazards to the safety of life include, but are not limited to; an inherently hazardous competition; possible effect on the customary presence of commercial or pleasure craft in the area; any obstruction of navigable channel which may reasonably be expected to result; and the expected accumulation of spectator crafts. Where such events are to be held regularly or repeatedly in a single area by an individual or organization the District Commander may, subject to conditions set from time to time by him/her, grant a permit for such series of events for a fixed period of time, not to exceed one (1) year. The application shall be submitted to the Coast Guard no less than 30 days prior to the event. The application shall include the following details: 1) Name and address of sponsoring organization. 2) Name, address, and telephone of person or persons in charge of the event. 3) Nature and purpose of the event. 4) Information as to general public interest. 5) Estimated number and types of watercraft participating in the event. 6) Estimated number and types of spectator watercraft. 7) Number of boats being furnished by sponsoring organizations to patrol event. 8) A time schedule and description of events. 9) A section of a chart or scale drawing showing the boundaries of the event, various water courses or areas to be utilized by participants, officials, and spectator craft. Special Events Requirements and Guidelines 32 360 I I VI. SPECIAl EVENTS FEE SCHEDULE SPECIAL EVENTS FEE SCHEDULE SPECIAL EVENTS PERMITS average attendees per day Application Fee Permit Fee Security Deposit 0 to 1499 attendees $250.00 $250.00 $2,500.00 1500 ~to 5000 $250.00 $500.00 $5,000.00 attendees $250.00 ~500.00 $10.000+ 5000+ attendees Late Application Fee: $500.00250.00-A late application fee. equivalent to the determined application fee per above. will be charged if application is received later than required deadline (60 days for events on public property; 30 days for events on private property).,. eRdfer i~ FeejtliFemeRts ~F epprevel e~ speeiel e•v•eRt permit ere · J · LL r-.u: . r c · .I r:. , A J. 1. .r. 1 J • . r ·~ ~ ·~· ·~ ·~ ·-~ ~ -r-~-·~· ~ ·-·~ ~~ ·~ ~-·~'-·~~~ ~ -·-· .. -~ ·-,·--~· REINSTATEMENT Fee: S250.00l S500.00 ~ A late submittal fee, equivglent to the determined permit fee per above, will be charged when requirements for approval of special event permit are not received in the Office of Soecial Events fi#eettfourteen 114.9-l davs before load in of event commences. Security Deposit: $2,500/$5,000/ $1 ©lJOOI S20,000+ -A refundable security deposit will be required no later than thirty fifteeRfourteen {1453GJ days in advance of the event. Based on the scope and location of the event, a pre-and post-event site inspection may be conducted by the applicant and appropriate City personnel to determine existing conditions and evaluate potential damages, if any. Security deposits will be refunded approximately in 3-4-4-e weeks after event if all conditions are followed; public property is left in as good condition or better and without damage and all City invoices paid. Failure to comply with conditions imposed may result in forfeiture of the entire or part of deposit. Per Wedding/ Ceremony use Per team, per day (5 persons total in the same vicinity) TEMPORARY SAMPLING PERMITS Permit Fee $2,000.00 OTHER SPECIAL EVENT FEES Vehicle Beaeh Access Pass: $150.00 per pass/per vehicle/per event. Security Deposit $2,500.00 Square Footage Fee: $.25 per square foot+ 7% Sales Tax {N/A with a Concession Agreement). AND/OR Concessions Agreement: o Beach Events: 15% of food, beverage, ticket sales and merchandise. o Non-Beach Events: 1 0% of food, beverage, ticket sales and merchandise. Taxes: You are required to pay a 7% State sales tax and a 2% Resort Tax {on food and beverage on/ ). Special Events Requirements and Guidelines 361 33 Please remit the 2% Resort Tax payment on a separate check. Lummus Park User fee: 25% of the total City Services not including administrative fees. Lincoln Road User fee: 25% of the total City Services not including administrative fees. Light Pole Banners Banners announcing special events either to be held in city or to be associated in some manner with the city, as determined by the city commission, may be erected up to 30 days prior to the event being announced and must be removed within seven (7) days after such event. Special event banners shall require prior approval by the city commission. Fees: • $50.00 per pole For-Profit/ $25.00 per pole Non-Profit . $50.00 administrative fee-per application Building Department Permit fees: Please contact the Building Department for fee schedule please call 305-67 7610 or visit www.miamibeachfl.gov. 0 Tent Permit; Fence Permit; Stage Permit; Electrical Permit; Bleachers Permit; Restroom (Port-a-lets) Pluming Permit; Pool cover Permit; Temporary Occupant Load. Police Department: For information on off-dutt Police services please contact off-duty at 305-673-7823. Fire Department: For information on off-dutt Fire services please contact off-duty Fire at 786-412-1 07 6. Parking Meter Rentals: $10.00 per space or meter/per day+ plus administrative fees. Please contact the Parking Department at 305-673-7505 for more information. *** Application fees are not refundable; permit fees and security deposits are reimbursed if the event/activity is cancelled, denied, or postponed and given that public property is left in good condition and without damage and all City invoices paid. Failure to comply with restrictions imposed automatically forfeits the security deposit. ***Additional charges may apply. Special Events Requirements and Guidelines 34 362 VII Snecial Event Class Matrix Wedding/C 15 eremony Days 150 $ -$ -$ -$ 125 $ -N Y N N Y Y N N N 6 hrs i-----.---r-----i----.----.---r----...--+---...-....--.---r--r--r--r-;--r----i·· .... Special Event-15 Existing Class C1 days Occ load $2,500 $250 $250 $250 $250 N N Y Y Y Y Y N N 1 day Special Temp. Event-30 Occ. rC::.:I a::.:s:;.:;s...;;C:;.:;2'---Ld::.:a'-'l Y.;;;.!S4-...;;L:.:;o.;;;.a ;::.d -..;:;$;......;;2:..;, 5::;.;0:...::0:...L...;$._2;;;5::;.;0'-+-$~2 5;;..0"-'--"'-$ ..;;;2.;;..50;;..a..."'-$..::2.;;;.5.;;..0 .._Y'--"-y'--'"-'Y_._...:.Y_._-'Y-!-...:.y-!-y'-+-'Y_,_...:.Y-!---'1;;..+_-1·· ...... . r------;---;----;---+----r---r----r---r---r-r--r---r--r--r--r-;--r----i· •w•·· Special Event- Class G1 Special Event- Class G2 Special Event- Class G3 Special Event- Class G4 30 days 150 60 Up to $ 2,500 $ 250 $ 250 $ 250 $ 250 Y Y Y Y Y Y Y N N days 1500 $ 5,000 $ 250 $ 250 $ 250 $ 250 Y Y Y Y Y Y Y Y Y 60 1500- days 5000 $ 10,000 $ 250 $ 250 $ 500 $ 500 Y Y Y Y Y Y Y Y Y 60 days 5000+ 20000+ $ 250 $ 250 $ 500 $ 500 Y Y Y Y Y Y Y Y Y Special Events Requirements and Guidelines 363 2 7 14 14+ 35 THIS PAGE INTENTIONALLY LEFT BLANK 364 lta ~ OFFICE OF THE CITY ATIORNEY JOSE SMITH, CITY ATIORNEY COMMISSION MEMORANDUM TO: MAYOR MATTI HERRERA BOWER MEMBERS OF THE CITY COMMISSION CITY MANAGER JORGE M. GO LEZ FROM: JOSE SMITH, CITY ATTOR DATE: APRIL 11, 2012 SUBJECT: A RESOLUTION OF THE MAYoR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2012-27888 AND APPOINTING A REPRESENTATIVE OF THE CITY OF MIAMI BEACH AS A MEMBER ON THE MIAMI-DADE COUNTY CHARTER REVIEW TASKFORCE. Pursuant to Resolution R-253-12, the Miami-Dade County Board of County Commissioners created a Charter Review Task Force consisting of twenty members, of which four are to be appointed by the four largest cities in Miami-Dade County. In said Resolution, the Board of County Commissioners directed that the members be appointed to the Charter Review Task Force in a timely manner. The members of the Charter Review Task Force must be electors of Miami-Dade County and no person who is currently a registered lobbyist or who does business with the County may be appointed to serve as a member of the Charter Review Task Force. Therefore, this matter was brought to the attention of the Mayor and City Commission so that a representative of the City of Miami Beach could be appointed by resolution at the April 11, 2012 City Commission meeting. However, at the April 11, 2012 Commission meeting, Resolution No. 2012-27888 was passed on the consent agenda, but was not separated for a discussion and vote on an appointee. Therefore, the Resolution is submitted for amendment, and for discussion and a vote to select an appointee. JS/DT/mem F:\ATIO\TURN\RESOS\Charter Review Task Force.docx 365 ·Agenda Item R7E Date s--9-1 L RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY CQMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2012-27888 AND APPOINTING AS THE CITY OF MIAMI BEACH REPRESENTATIVE FOR MEMBERSHIP ON THE MIAMI-DADE COUNTY CHARTER REVIEW TASK FORCE. WHEREAS, pursuant to Resolution R-253-12, the Miami-Dade County Board of County Commissioners created a Charter Review Task Force consisting of twenty members, of which four members are to be appointed by the four largest cities in Miami-Dade County; and WHEREAS, the members of the Charter Review Task Force shall be electors of Miami- Dade County and no person who is currently a registered lobbyist or who does business with the County may be appointed to serve as a member of the Charter Review Task Force; and WHEREAS, Resolution No. 2012-27888 was passed at the April 11, 2012 City Commission meeting on the consent agenda, but was not separated for a discussion and vote on an appointee; and WHEREAS, meets the qualifications for membership on the Charter Review Task Force and is deemed by the Mayor and City Commission of the City of Miami Beach to be a duly qualified representative of the City of Miami Beach to serve on the Miami-Dade County Charter Review Task Force. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that Resolution No. 2012-27888 is hereby amended and is hereby appointed as the City of Miami Beach representative member on the Miami-Dade County Charter Review Task Force. PASSED AND ADOPTED this ____ day of _____ , 2012. ATTEST: Rafael Granado City Clerk F:\ATIO\TURN\RESOS\Charter Review Task Force.docx Matti Herrera Bower Mayor 366 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION COMMISSION ITEM SUMMARY Condensed Title: A Resolution calling for an August 14, 2012 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 August 15, 2012, and before becoming effective, any change to Chapter 118, Article II, Division 4 of the City Code ("Historic Preservation Board"), or to Chapter 118, Article X, Division 1-4 ("Historic Preservation"), that 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? A Resolution calling for an August 14, 2012 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 August 15, 2012, and before becoming effective, any change to the City's Land Development Regulations that allows increased maximum building heights in local historic districts shall first be approved by a majority of voters in a Citywide election? Key Intended Outcome Supported: Maintain strong Development Management Policies Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: I Whether to Adopt the Resolutions? Item Summary/Recommendation: The proposed Charter amendments will require that any ordinance amendment to the LOR's that either reduce the powers and duties of the Historic Preservation Board or that create less stringent historic preservation standards or regulations or that increase the maximum building height in local historic districts must first be approved by a majority of votes in a Citywide election. ADOPT THE RESOLUTIONS. Adviso Board Recommendation: Joint Neighborhoods I Community Affairs & Land Use and Development Committees Financial Information: Source of Amount Funds: 1 I I 2 3 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Jorge Gomez, ext. 6150 MIAMI BEACH City Manager .doc 367 Account City Manager AGENDA ITEM .....;;l<._l_i= __ DATE S-9-/L lD MIAMI BEACH ~ COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager __/ DATE: May 9, 2012 'A <I u SUBJECT: A RESOLUTION CALLING ~R AN AUGUST 14, 2012 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 AUGUST 15, 2012, AND BEFORE BECOMING EFFECTIVE, ANY CHANGE TO CHAPTER 118, ARTICLE II, DIVISION 4 OF THE CITY CODE {"HISTORIC PRESERVATION BOARD"), OR TO CHAPTER 118, ARTICLE X, DIVISION 1-4 {"HISTORIC PRESERVATION"), THAT 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? A RESOLUTION CALLING FOR AN 14, 2012 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 AUGUST 15, 2012, AND BEFORE BECOMING EFFECTIVE, ANY CHANGE TO THE CITY'S LAND DEVELOPMENT REGULATIONS THAT ALLOWS INCREASED MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? BACKGROUND A discussion regarding a possible charter amendment restricting the manner in which changes to current Land Use Regulations can be made was referred to a joint meeting of the Neighborhoods/Community Affairs and Land Use Committees by the City Commission on June 1, 2011, at the request of Mayor Bower. The Joint Committee met on July 7, 2011 and considered two specific charter amendments requiring voter approval before allowing increased building heights or enacting less stringent standards for historic preservation. After discussing the issues, the Joint Committee passed a motion, by acclimation, moving the item to the full Commission without a recommendation. On July 13, 2011, the City Commission discussed the ballot questions relating to the two charter amendments and voted to defer the matter to the June 2012 Commission Meeting. Furthermore, Mayor Bower requested that the Land Use and Development Committee 368 Memorandum to the City Commission on Height and HP Ballot Questions May9, 2012 Page 2of4 and the Neighborhood/Community Affairs Committee discuss the proposed charter amendments no later than May 2012 in order for the item to be ready for presentation at the June 2012 Commission meeting. At the December 14, 2011 City Commission meeting, Mayor Bower referred to the Land Use and Development Committee and Neighborhoods/Community Affairs Committee the two proposed charter amendments that would strengthen the existing protections for Historic Preservation In Miami Beach. At the same meeting, Commissioner Wolfson also referred to the Land Use and Development Committee a proposal to put the Historic Preservation Board enabling language in the charter to protect the composition and existence of our city's preservation mechanism. At the March 27, 2012 Neighborhood/Community Affairs Committee (NCAC) meeting, the Committee moved to recommend the charter amendment dealing with the City's Historic Preservation process to the full City Commission for its consideration and vote on whether to place it on the August ballot. The motion also included that the charter amendment dealing with heights return to Committee for further discussion in April. The Committee also requested that an ordinance amendment be prepared that would deal with the Board member categories stipulating which ones the Commission would determine would be required to formally constitute the Board and changes thereto would trigger the Charter provision of referendum. At the March 28, 2012 Land Use and Development Committee (LUDC) meeting, the Committee also moved to recommend the charter amendment dealing with Historic Preservation to the full City Commission and return to Committee in April; with further discussion on the charter amendment dealing with heights. Both Committees requested that the charter amendment dealing with heights be presented as a series of alternatives for consideration by the LUDC and NCAC and if possible, conduct it as a joint meeting of both Committees. At a joint meeting of the Neighorhood/Community Affairs and Land Use and Development Committees on April 24, 2012, the Committees recommended the subject ballot question dealing with heights for consideration by the City Commission. ANALYSIS The first proposed charter amendment; drafted in consultation with the City Attorney's Office addresses both the requests made by Mayor Bower and Commissioner Wolfson to protect the City's Historic Preservation processes. 1. Historic Preservation Regulations CHARTER AMENDMENT REQUIRING VOTER APPROVAL BEFORE ENACTING LESS STRINGENT STANDARDS FOR HISTORIC PRESERVATION. SHALL THE CHARTER BE AMENDED TO REQUIRE THAT, AFTER AUGUST 15, 2012, BEFORE BECOMING EFFECTIVE, ANY CHANGE TO CHAPTER 118, ARTICLE II, DIVISION 4 OF THE CITY CODE ("HISTORIC PRESERVATION BOARD"), OR TO CHAPTER 118, ARTICLE X, DIVISIONS 1- 369 Memorandum to the City Commission on Height and HP Ballot Questions May9, 2012 Page 3of4 4, OF THE CODE ("HISTORIC PRESERVATION"), WHICH 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? As discussed in Committee, this Charter amendment, not unlike the Charter provision that deals with the ethics ordinance, will require that any future amendment to the Land Development regulations that diminishes the powers and duties of the Historic Preservation Board or creates a less stringent historic preservation standard or regulation must be approved by referendum before it can become effective. These standards and regulations are contained in Division I through 4 and include the intent and purpose of the Board, the Board's review of projects, the regulations pertaining to the issuance of Certificate of Appropriateness for demolition and the Boards' process for designation among others. This Charter amendment does not include Division 5 of Article X that deals with the Single Family Ad Valorem Tax Exemption provision of the Code. The second proposed charter amendment, prepared after the original referral on June 1, was refined by the Mayor's Office in consultation with the City Attorney's Office to focus on the issue of increases to the height regulations. 2. Height Restrictions CHARTER AMENDMENT REQUIRING VOTER APPROVAL BEFORE ALLOWING INCREASED BUILDING HEIGHTS, EXCEPT FOR CITY PROPERTY. SHALL THE CHARTER BE AMENDED SO THAT, AFTER AUGUST 15, 2012, AND BEFORE BECOMING EFFECTIVE, ANY CHANGE TO THE CITY'S LAND DEVELOPMENT REGULATIONS THAT ALLOWS INCREASED MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? After discussion by both the LUDC and NCAC, this proposed Charter amendment was modified to deal with increases in height regulations within the City's local historic districts. This amendment would require a referendum for any proposed ordinance that would increase the maximum building height regulations for those districts within a local historic district. As discussed in Committee this would not apply to amendments that deal with the various height exemptions for those structures that may exceed the maximum building heights like chimneys, wind turbines, rooftop mechanical rooms, etc. CONCLUSION The Administration requests that if the Commission concurs with the Neighborhood I Community Affairs Committee on their request for an ordinance amendment dealing with the Historic Preservation Board member categories and amendments thereto that trigger the referendum, then the Commission should refer such ordinance to the Planning board for their required review. The Administration would also recommend that such proposed ordinance be also reviewed by the Historic Preservation Board for their comments. 370 Memorandum to the City Commission on Height and HP Ballot Questions May9, 2012 Page 4 of4 The deadline for placing ballot questions on the August 14, 2012 primary election is May 25, 2012. The deadline for placing ballot questions on the November 6, 2012, general election is July 24, 2012. JMG/JGG/GMH T:\AGENDA\2012\5-9-12\Height and HP Ballot Questions City Commn mem 5-9-12.doc 371 RESOLUTION NO.----- A RESOLUTION CALLING FOR A AUGUST 14, 2012 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 AUGUST 15, 2012, BEFORE BECOMING EFFECTIVE, ANY CHANGE TO CHAPTER 118, ARTICLE II, DIVISION 4 OF THE CITY CODE ("HISTORIC PRESERVATION BOARD"), OR TO CHAPTER 118, ARTICLE X, DIVISIONS 1-4 ("HISTORIC PRESERVATION"), THAT 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? NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00a.m. to 7:00p.m. on Tuesday, August 14, 2012, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami-Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special 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 Special 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 in which the official registration books show that the said electors reside. SECTION 4. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of 372 Miami-Dade County. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami-Dade County Elections Office. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 8th Avenue, Doral, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 5. Not less than thirty days' notice of said Special Election shall be given by publication in a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of §150.031 and §100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 6. The notice of election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00A.M. UNTIL 7:00P.M. ON THE 14TH DAY OF AUGUST, 2012, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: CHARTER AMENDMENT REQUIRING VOTER APPROVAL BEFORE ENACTING LESS STRINGENT STANDARDS FOR HISTORIC PRESERVATION. SHALL THE CHARTER BE AMENDED TO REQUIRE THAT, AFTER AUGUST 15, 2012, BEFORE BECOMING EFFECTIVE, ANY CHANGE TO CHAPTER 118, ARTICLE II, DIVISION 4 OF THE CITY CODE ("HISTORIC PRESERVATION BOARD"), OR TO CHAPTER 118, ARTICLE X, DMSIONS 1-4, OF THE CODE ("HISTORIC PRESERVATION"), WHICH 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? SECTION 7. _____ YES _____ NO That the official ballot to be used in the Special Election to be held on August 14, 2012, hereby called, shall be in substantially the following form, to-wit: 2 373 "OFFICIAL BALLOT" CHARTER AMENDMENT REQUIRING VOTER APPROVAL BEFORE ENACTING LESS STRINGENT STANDARDS FOR HISTORIC PRESERVATION. SHALL THE CHARTER BE AMENDED TO REQUIRE THAT, AFTER AUGUST 15,2012, BEFORE BECOMING EFFECTIVE, ANY CHANGE TO CHAPTER 118, ARTICLE II, DIVISION 4 OF THE CITY CODE ("HISTORIC PRESERVATION BOARD"), OR TO CHAPTER 118, ARTICLE X, DIVISIONS 1-4, OF THE CODE ("HISTORIC PRESERVATION"), WHICH 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? _____ YES _____ NO SECTION 8. That the absentee voters participating in said Special 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 9. That the City of Miami Beach shall pay all expenses for conducting this Special 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 10. If any section, sentence, clause or phrase of the proposed ballot measure 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 said ballot measure. SECTION 11. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this day of ________ , 2012. ATTEST: MATTI HERRERA BOWER, MAYOR RAFAEL GRANADO, CITY CLERK (Requested by Mayor Matti Herrera Bower) T:\AGENDA\2012\5-9~12\Election Ballot Question-Historic Preservation Reso (4-30- 3 374 PROPOSED BALLOT TITLE AND BALLOT SUMMARY AUGUST 14,2012 SPECIAL ELECTION I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY: CHARTER AMENDMENT REQUIRING VOTER APPROVAL BEFORE ENACTING LESS STRINGENT STANDARDS FOR HISTORIC PRESERVATION. SHALL THE CHARTER BE AMENDED TO REQUIRE THAT, AFTER AUGUST 15, 2012, BEFORE BECOMING EFFECTIVE, ANY CHANGE TO CHAPTER 118, ARTICLE II, DIVISION 4 OF THE CITY CODE ("HISTORIC PRESERVATION BOARD"), OR TO CHAPTER 118, ARTICLE X, DIVISIONS 1-4, OF THE CODE ("HISTORIC PRESERVATION"), WHICH 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? _____ YES _____ NO II. PROPOSED CHARTER TEXT: Sec. 1.06. Public vote required prior to enacting less stringent standards to City's Historic Preservation Regulations. * * * * Any change to City Code Chapter 118. Article II, Division 4. "Historic Preservation Board," or City Code Chapter 118, Article X. Divisions 1-4, "Historic Preservation" which, whether through amendment. exemption. repeal. or otherwise. reduces the powers and duties of the City's Historic Preservation Board. or creates less stringent historic preservation standards or regulations. shall first be approved by a majority vote of the voters in a Citywide referendum. This Charter section shall become effective on the day after its approval by the voters of the City of Miami Beach (August 15, 2012). T:\AGENDA\2012\5-9-12\Eiection Proposed Ballot Question and Text (2012)-Historic Preservation (4-30-12).doc 375 RESOLUTION NO.------ A RESOLUTION CALLING FORA AUGUST 14,2012 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 AUGUST 15, 2012, AND BEFORE BECOMING EFFECTIVE, ANY CHANGE TO THE CITY'S LAND DEVELOPMENT REGULATIONS THAT ALLOWS INCREASED MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00a.m. to 7:00p.m. on Tuesday, August 14, 2012, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami-Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special 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 Special 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 in which the official registration books show that the said electors reside. SECTION4. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade County. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami-Dade County Elections Office. 376 All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 8th Avenue, Doral, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 5. Not less than thirty days' notice of said Special Election shall be given by publication in a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of §150.031 and §1 00.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 6. The notice of election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00A.M. UNTIL 7:00P.M. ON THE 14th DAY OF AUGUST, 2012, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: CHARTER AMENDMENT REQUIRING VOTER APPROVAL BEFORE ALLOWING AN INCREASE TO THE MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL THE CHARTER BE AMENDED TO REQUIRE THAT, AFTER AUGUST 15, 2012, AND BEFORE BECOMING EFFECTIVE, ANY CHANGE TO THE CITY'S LAND DEVELOPMENT REGULATIONS THAT ALLOWS INCREASED MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? SECTION 7. _____ YES _____ NO That the official ballot to be used in the Special Election to be held on August 14, 2012, hereby called, shall be in substantially the following form, to-wit: 2 377 "OFFICIAL BALLOT" CHARTER AMENDMENT REQUIRING VOTER APPROVAL BEFORE ALLOWING AN INCREASE TO THE MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL THE CHARTER BE AMENDED TO REQUIRE THAT, AFTER AUGUST 15, 2012, AND BEFORE BECOMING EFFECTIVE, ANY CHANGE TO THE CITY'S LAND DEVELOPMENT REGULATIONS THAT ALLOWS INCREASED MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? _____ YES _____ NO SECTION 8. That the absentee voters participating in said Special 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 9. That the City of Miami Beach shall pay all expenses for conducting this Special 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 10. If any section, sentence, clause or phrase of the proposed ballot measure 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 said ballot measure. SECTION 11. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this ___ day of--------' 2012. ATTEST: MATTI HERRERA BOWER, MAYOR RAFAEL GRANADO, CITY CLERK . ey?'f-• ---ld.~equested by Mayor Matti Herrera Bower) T:\AGENDA\2012\5-9-12\Eiection Ballot Question-Height Restrictions Reso (4-27-12}.doc 3 378 PROPOSED BALLOT TITLE AND BALLOT SUMMARY AUGUST 14,2012 SPECIAL ELECTION I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY: CHARTER AMENDMENT REQUIRING VOTER APPROVAL BEFORE ALLOWING AN INCREASE TO THE MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL THE CHARTER BE AMENDED TO REQUIRE THAT, AFTER AUGUST 15, 2012, AND BEFORE BECOMING EFFECTIVE, ANY CHANGE TO THE CITY'S LAND DEVELOPMENT REGULATIONS THAT ALLOWS INCREASED MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? _____ YES _____ NO II. PROPOSED CHARTER TEXT: Sec. 1.03. Powers of City. * * * * (f) Any change to the Land Development Regulations (LOR's) in the City Code which, whether through amendment. exemption. repeal. or otherwise. allows for increased building heights beyond the maximum building heights permitted by, and existing in. the LOR's as of the effective date of this Charter section (August 15. 2012), within locally designated historic districts. shall, before becoming effective. first be approved by a majority vote in a Citywide referendum. This Charter section shall become effective on the day after its approval by the voters of the City of Miami Beach. T:\AGENDA\2012\5-9-12\Eiection Proposed Ballot Question and Text (2012)-Height Restriction (4-27-12).doc 379 THIS PAGE INTENTIONALLY LEFT BLANK 380 m MIAMIBE CH OFFICE OF THE CITY ATTORNEY JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM TO: FROM: CC: DATE: SUBJECT: e "'s of the City Commission May <t, 2012 PROPOSED CITY CHARTER AMENDMENT INCREASING THE RESORT TAX, ON ROOM RENT ONLY, BY ONE PERCENT (1%) TO FUND THE ENHANCEMENT AND EXPANSION OF THE MIAMI BEACH CONVENTION CENTER At the March 21, 2012 City Commission Meeting, the City Commission approved a request by Mayor Bower, to refer a discussion to the Finance and Citywide Projects Committee regarding a proposed ballot question, to be placed on the ballot in conjunction with the August 14, 2012 Primary Elections, which would amend the City Charter to increase the Miami Beach Resort Tax, on room rent only, by an additional one percent (1%), to support the enhancement and expansion of the Miami Beach Convention Center. The item was heard at the April 17, 2012 Finance and Citywide Projects Committee. The Committee recommended approval of the ballot question, which is included in the attached Resolution, and which-if approved-will be transmitted to the County Supervisor of Elections for placement on the August 14th Primary Elections ballot. (Note: in order to meet the County's May 25, 2012 submittal deadline for placement of items on the August 14th ballot, the attached Resolution must be approved at today's City Commission Meeting, as there is not another regularly scheduled Commission Meeting until June). The attached ballot question, and corresponding text change to Section 5.03 of the City Charter (which pertains to the City's authority to levy its Resort Tax) also incorporates certain comments from members of the hotel and convention industry present at the Committee meeting. Specifically, in the proposed text change (to Section 5.03), the request was incorporated that the proposed one percent (1 %) increase not be imposed until such time as the City enters into an agreement with a developer for the "expansion, enlargement, renovation, and/or improvement" of the Convention Center (which could include an agreement entered into pursuant to the current City Request for Qualifications No. 22-11/12, for the Development of the Miami Beach Convention Center District). This is consistent with prior language which was included on the ballot in 1992, when the Charter was amended to increase the Resort Tax by an additional one percent (1 %) to fund the development of a Convention Center headquarters hotel (i.e. The 1992 text change provided that the additional one percent increase for development of the hotel would not be imposed until the City entered into an agreement with a developer for that purpose.). Agenda Item 1< 7G- Date 5"-9---1 L 381 Resort Tax Increase Page2 May 1, 2012 The attached Resolution, ballot question, and proposed text change has also been reviewed by the City's bond counsel, and incorporates his comments as well (including, for the avoidance of debt, that the City also specify the payment of debt service as part of the allowable uses of the additional one percent tax, should the City, in the future, determine to issue bonds or other debts to expand and/or improve the Convention Center). At the April 17, 2012 Committee Meeting, the City Manager asked whether the proposed ballot question (as attached) could be amended to include language to provide that, in the event the City issued debt for a Convention Center expansion and/or improvement project, whether any excess of the additional one percent tax left over --after providing for payment of annual debt service and any related reserves --could be used for other allowable purposes including, but not limited to, maintenance of the Convention Center1 . After further consultation with bond counsel, while this would be permissible, it would require the attached proposed ballot question to be amended to provide for same. For example, in the 1992 ballot question/Charter amendment, the ballot question and resulting text change contained language that, following the retirement of all debt related to the development of the convention center hotel, the additional one percent (collected to fund the development of hotel) could then be used for other purposes (in that case, the "other'' purposes were for "promotion of tourism related activities and facilities, and developing, improving and maintaining tourism related facilities"). Should the City Commission wish to accept the Manager's proposal, then: 1.) the attached question, as recommended by the Finance Committee, would have to be amended to include the enabling language; and 2.) any proposed "other'' uses of the "excess" of the additional one percent would have to be consistent with and allowable under State Resort Tax law. Again, should the City Commission wish to proceed to place the proposed ballot question on the ballot for the August 14, 2012 Primary Elections, then it must adopt the attached Resolution today, in order to meet the deadline to submit the Resolution to the County Supervisor of Elections. 11n conjunction with the Committee's discussion as to whether the additional one percent tax could be used for maintenance related items, it should be noted that the language of the attached proposed ballot question was specifically drafted, at Mayor Bower's request, to exclude the term "maintenance," to ensure that the additional one percent tax be used only for capital improvements to the Convention Center. However, in the course of discussion, many of the examples suggested by the Committee members of what they perceived to be potential "maintenance" items at the Convention Center-including replacement of the roof, re-painting the building, installing a new A/C system, new flooring, etc.-are typically budgeted by the City as capital items. Thus, the City Attorney's Office opined that it would not be necessary to amend the proposed ballot question to include the term "maintenance," if the intent was to allow the additional one percent to be used to fund the aforestated (or similar) items. Provided the City budgets them as capital items, they would be allowable under the existing language of the attached question, which allows the additional tax to be used for "improvements" to the Convention Center. We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community. 382 RESOLUTION NO.------ A RESOLUTION CALLING FOR AN AUGUST 14, 2012 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER SECTION 5.03 OF THE MIAMI BEACH CITY CHARTER SHOULD BE AMENDED TO INCREASE, BY ONE PERCENT (1 %), THE RESORT TAX ON ROOM RENT, WITH SUCH INCREASE TO BE USED SOLELY FOR PURPOSES OF EXPANDING, ENLARGING, RENOVATING, AND/OR IMPROVING THE MIAMI BEACH CONVENTION CENTER, INCLUDING THE PAYMENT OF DEBT SERVICE RELATED THERETO? NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00a.m. to 7:00p.m. on Tuesday, August 14, 2012, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami-Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special 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 Special 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 in which the official registration books show that the said electors reside. SECTION 4. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade County. Each person desiring to become a registered voter shall be responsible for 383 properly filling out the registration form and returning it to the Miami-Dade County Elections Office. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Doral, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 5. Not less than thirty days' notice of said Special Election shall be given by publication in a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of §150.031 and §100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 6. The notice of election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00A.M. UNTIL 7:00P.M. ON THE 14TH DAY OF AUGUST, 2012, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: ONE PERCENT (1%) INCREASE IN ROOM RENT PORTION OF RESORT TAX. SHALL SECTION 5.03 OF THE MIAMI BEACH CHARTER BE AMENDED TO INCREASE, BY ONE PERCENT, THE RESORT TAX ON ROOM RENT, WITH SUCH INCREASE TO BE USED SOLELY FOR PURPOSES OF EXPANDING, ENLARGING, RENOVATING, AND/OR IMPROVING THE MIAMI BEACH CONVENTION CENTER, INCLUDING THE PAYMENT OF DEBT SERVICE RELATED THERETO? SECTION 7. ____ YES ____ NO That the official ballot to be used in the Special Election to be held on August 14, 2012, hereby called, shall be in substantially the following form, to-wit: "OFFICIAL BALLOT" ONE PERCENT (1%) INCREASE IN ROOM RENT PORTION OF RESORT TAX. 2 384 SHALL SECTION 5.03 OF THE MIAMI BEACH CHARTER BE AMENDED TO INCREASE, BY ONE PERCENT, THE RESORT TAX ON ROOM RENT, WITH SUCH INCREASE TO BE USED SOLELY FOR PURPOSES OF EXPANDING, ENLARGING, RENOVATING, AND/OR IMPROVING THE MIAMI BEACH CONVENTION CENTER, INCLUDING THE PAYMENT OF DEBT SERVICE RELATED THERETO? SECTION 8. _____ YES _____ NO That the absentee voters participating in said Special 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 9. That the City of Miami Beach shall pay all expenses for conducting this Special 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 10. If any section, sentence, clause or phrase of the proposed ballot measure 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 said ballot measure. SECTION 11. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this ___ day of --------• 2012. ATTEST: MATTI HERRERA BOWER, MAYOR RAFAEL E. GRANADO, CITY CLERK (Requested by Mayor Matti Herrera Bower) F:\ATTO\AGUR\ELECTIONS\Charter Amendment-Resort Tax Increase Reso (4-24-12).doc 3 385 APPROVED AS TO FORM & LANGUAGE & F EXECUTION PROPOSED BALLOT TITLE AND BALLOT SUMMARY AUGUST 14,2012 SPECIAL ELECTION I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY: ONE PERCENT (1%) INCREASE IN ROOM RENT PORTION OF RESORT TAX. SHALL SECTION 5.03 OF THE MIAMI BEACH CHARTER BE AMENDED TO INCREASE, BY ONE PERCENT, THE RESORT TAX ON ROOM RENT, WITH SUCH INCREASE TO BE USED SOLELY FOR PURPOSES OF EXPANDING, ENLARGING, RENOVATING, AND/OR IMPROVING THE MIAMI BEACH CONVENTION CENTER, INCLUDING THE PAYMENT OF DEBT SERVICE RELATED THERETO? _____ YES _____ NO II. PROPOSED CHARTER TEXT: Sec. 5.03. Tax on occupancy of hotels, etc., and on certain foods and beverages. The City of Miami Beach is authorized and shall have the right to impose, levy and collect a tax on the rent of every occupancy of a room or rooms in any hotel, motel .. or apartment house when the renting is for the period of occupancy for imposition of a transient rental tax as established by F.S. § 212.03 (as amended); and upon the total sales price of all items of food and alcoholic beverages sold at retail by any establishment engaged in the sale of alcoholic beverages and/or food; said tax to be paid by the person paying the rent or paying for the food and/or alcoholic beverage herein specified .. and to be collected by the person renting said rooms or selling said food or alcoholic beverage for the use and benefit of the City. Sales or rentals exempted by F.S. ch. 212 shall also be exempt from the tax hereby authorized. +Rat tihe total receipts from the above tax levy shall be kept and maintained in a separate fund and shall in no event be transferred to the general fund, and tAat-the said fund shall be used for the promotion of the tourist industry, which shall include, but not be restricted to the following: publicity, advertising, news bureau, promotional events, convention bureau activities, capital improvements .. and the maintenance of all physical assets in connection therewith; and for the payment of the reasonable and necessary expenses of collecting, handling .. and processing of said tax. +Rat-tihe Commission shall have the authority and power by ordinance to determine and fix the amount of said tax .. after public hearing .. not in excess of two percent (2%}, except that an additional tax of eAetwo percent (4~%) may be imposed, levied and collected on the rent of every occupancy of a room or rooms in any hotel, motel .. or apartment house when the renting is for the period of occupancy for imposition of a transient rental tax as established by F.S. § 212.03 (as amended}.:., provided that sSuch additional eAetwo percent (4~%) tax shall be used, subject to the rights of bondholders, as follows: 386 ru_ One percent (1 %) of such additional tax shall be used: 1.:.\At fifty percent (50%) for public incentives for convention center headquarters hotel development, and~ upon retirement of all debt related thereto, to be used as in (8~) below,~ and 2.f81 fifty percent (50%) for promotion of tourism related activities and facilities, and developing, improving~ and maintaining tourism related public facilities; provided that ~this additional one percent (1 %) of such additional tax shall not be imposed until such time as the City of Miami Beach has entered into an agreement with a developer for development of a convention center headquarters hotei.:.T-aRG Ql The other one percent (1 %) of such additional tax shall be used solely for the purposes of expanding. enlarging, renovating. and/or improving the Miami Beach Convention Center. including payment of debt service related thereto; provided that this one percent (1 %) of such additional tax shall not be imposed until such time as the City of Miami Beach has entered into an agreement with a developer for the expansion. enlargement. renovation. and/or improvement of the Miami Beach Convention Center. provided further that tihe authority created pursuant to Section 8 of Chapter 67-930 shall have no right to receive any portion of such additional enetwo percent (~~%)of tax. F:\ATTO\AGUR\ELECTIONS\Charter Amendment-Resort Tax Increase-Proposed Ballot Question and Text (2012)(4-24-12).doc 387 THIS PAGE INTENTIONALLY LEFT BLANK 388 OFFICE OF THE CITY ATTORNEY JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM TO: MAYOR MATTI HERRERA BOWER, MEMBERS OF THE CITY COMMISSION CITY MANAGER JORGE M. GONZALEZ FROM: JOSE SMITH V ~ C.~:(­ CITY ATTORNEr DATE: May 9, 2012 SUBJECT: A RESOLUTION CALLING FOR AN AUGUST 14, 2012 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA, A QUESTION ASKING WHETHER SECTION 2.04 OF THE MIAMI BEACH CITY CHARTER SHOULD BE AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED BY THE MAYOR OR CITY MANAGER, SPECIAL MEETINGS OF THE CITY COMMISSION MAY BE CALLED BY A MAJORITY OF THE MEMBERS OF THE COMMISSION UPON WRITTEN NOTICE TO THE CITY CLERK AND IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN A RESOLUTION OF THE CITY COMMISSION. Pursuant to the request of Commissioner Jonah Wolfson, the attached Resolution has been drafted calling for an August 14, 2012 Special Election to consider the following ballot question amending the Miami Beach City Charter as follows: SHALL SECTION 2.04 OF THE MIAMI BEACH CHARTER BE AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED BY THE MAYOR OR CITY MANAGER, SPECIAL MEETINGS OF THE CITY COMMISSION MAY BE CALLED BY A MAJORITY OF THE MEMBERS OF THE COMMISSION UPON WRITTEN NOTICE TO THE CITY CLERK AND IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN A RESOLUTION OF THE CITY COMMISSION? The attached Resolution is therefore submitted for consideration by the City Commission. F:\ATTO\TURN\COMMMEMO\CharterAmendmentSpeciaiCommissionMeeting.doc 389 Agenda Item f<7H Date 'S -9~ f'L ~ MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jose Smith, City Attorney Jorge Gonzalez, City Manager FROM: Commissioner Jonah Wolfson DATE: May 1, 2012 SUBJECT: Agenda item for the May 9, 2012 Commission meeting Please draft and place on the May 9 City Commission Agenda, a resolution calling for an August 14, 2012 Special Election to consider a ballot question amending the Miami Beach City Charter to provide for the calling of Special meetings of the City Commission by a majority of the members of the Commission. Please contact my office at ext. 6437 if you have any questions. JW/Ih We are committed to providing excellent public service and safety to all who live, work, and play in o 390 RESOLUTION NO.------ A RESOLUTION CALLING FOR AN AUGUST 14, 2012 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA, A QUESTION ASKING WHETHER SECTION 2.04 OF THE MIAMI BEACH CITY CHARTER SHOULD BE AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED BY THE MAYOR OR CITY MANAGER, SPECIAL MEETINGS OF THE CITY COMMISSION MAY BE CALLED BY A MAJORITY OF THE MEMBERS OF THE COMMISSION UPON WRITTEN NOTICE TO THE CITY CLERK AND IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN A RESOLUTION OF THE CITY COMMISSION. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00a.m. to 7:00p.m. on Tuesday, August 14, 2012, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami-Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special 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 Special 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 in which the official registration books show that the said electors reside. SECTION 4. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at 391 such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade County. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami-Dade County Elections Office. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 8th Avenue, Doral, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 5. Not less than thirty days' notice of said Special Election shall be given by publication in a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of §150.031 and §100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 6. The notice of election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00 P.M. ON THE 14TH DAY OF AUGUST, 2012, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: MAJORITY OF MEMBERS OF CITY COMMISSION MAY CALL SPECIAL MEETINGS. SHALL SECTION 2.04 OF THE MIAMI BEACH CHARTER BE AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED BY THE MAYOR OR CITY MANAGER, SPECIAL MEETINGS OF THE CITY COMMISSION MAY BE CALLED BY A MAJORITY OF THE MEMBERS OF THE COMMISSION UPON WRITTEN NOTICE TO THE CITY CLERK AND IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN A RESOLUTION OF THE CITY COMMISSION? SECTION 7. _____ YES _____ NO That the official ballot to be used in the Special Election to be held on August 14, 2012, hereby called, shall be in substantially the following form, to-wit: "OFFICIAL BALLOT" MAJORITY OF MEMBERS OF CITY COMMISSION MAY CALL SPECIAL MEETINGS. SHALL SECTION 2.04 OF THE MIAMI BEACH CHARTER BE AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED BY THE MAYOR OR CITY MANAGER, SPECIAL MEETINGS OF THE CITY COMMISSION MAY BE CALLED BY A MAJORITY OF THE MEMBERS OF THE COMMISSION UPON WRITTEN NOTICE TO THE CITY CLERK AND IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN A RESOLUTION OF THE CITY COMMISSION? _____ YES _____ NO SECTION 8. That the absentee voters participating in said Special 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 9. That the City of Miami Beach shall pay all expenses for conducting this Special 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 10. If any section, sentence, clause or phrase of the proposed ballot measure 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 said ballot measure. SECTION 11. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this ___ day of ________ , 2012. ATTEST: RAFAEL E. GRANADO, CITY CLERK (Requested by Commissioner Jonah Wolfson) MATTI HERRERA BOWER MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION F:\ATTO\TURN\RESOS\Charter Amendment-Commission Special Meetings-Proposed Ballot Ques · 3 393 PROPOSED BALLOT TITLE AND BALLOT SUMMARY AUGUST 14,2012 SPECIAL ELECTION I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY: MAJORITY OF MEMBERS CITY OF COMMISSION MAY CALL SPECIAL MEETINGS. SHALL SECTION 2.04 OF THE MIAMI BEACH CHARTER BE AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED BY THE MAYOR OR CITY MANAGER, SPECIAL MEETINGS OF THE CITY COMMISSION MAY BE CALLED BY A MAJORITY OF THE MEMBERS OF THE COMMISSION UPON WRITTEN NOTICE TO THE CITY CLERK AND IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN A RESOLUTION OF THE CITY COMMISSION? _____ YES _____ NO II. PROPOSED CHARTER TEXT: Sec. 2.04. Induction and meetings. The City Commission shall, at its first meeting after each general election, which shall be within three (3) days after the general election (or within thirty (30) days after the runoff election, if a runoff election is held) elect from its membership a Vice-Mayor who during the absence or disability of the Mayor, shall perform the duties of Mayor. In the absence or disability of both the Mayor and Vice-Mayor, the said duty shall be performed by another member appointed by the Commission. The City Commission shall meet at such times as may be prescribed by ordinance or resolution. The Mayor, or the City Manager, may call special meetings of the Commission upon at least twenty-four (24) hours written notice to each member, served personally, or left at his usual place of abode; provide, however, that the requirement of such written notice may be waived at a special meeting by the unanimous vote of the Commission. In addition, special meetings of the City Commission may be called by a majority of the members of the Commission upon written notice to the City Clerk and in accordance with the procedures set forth in a resolution of the City Commission. No member of the City Commission shall, during the time for which he/she was elected, be appointed or elected to any City office that has been created or the emoluments thereof shall have been increased during such time. F:\ATTO\TURN\RESOS\Proposed Ballot Question and Summary-Charter Amendment-Commission Special Meetings 2012.docx 394 R7 -Resolutions R71 A Resolution To Consider Granting An Extension Of The Current Franchise Agreements For Commercial Solid Waste Contractors Or, In The Alternative, Requesting Approval To Issue A Request For Qualifications (RFQ) For A Fourth Solid Waste Franchise Contractor To Provide Commercial Waste Collection And Disposal Services. (Public Works) (Memorandum & Resolution to be Submitted in Supplemental) Agenda Item R lf T Date 5' Jt-I 2- 395 THIS PAGE INTENTIONALLY LEFT BLANK 396 R7 -Resolutions R7 J Resolutions Authorizing Agreements With Various External Entities To Assist The City In Implementing The Action Plan To Address Potential Corruption And Misconduct: 1. A Resolution Authorizing The City Manager And City Clerk To Execute A Memorandum Of Understanding Between The City, On Behalf Of Its Police Department, And The Federal Bureau Of Investigation, Miami Area Corruption Task Force, Which Serves The Purpose Of Identifying And Prosecuting Public Officials And Law Enforcement Officers At The Federal, State, And Local Levels Of Government Involved In Public Corruption Throughout The Southern District Of Florida. 2. A Resolution Authorizing The City Manager To Solicit The Services Of A Qualified Firm(s) To Audit The Processes Of Certain Regulatory Departments Or Divisions, In An Amount Not To Exceed $150,000, And Authorizing The City Manager And The City Clerk To Execute An Agreement For Such Services With The Selected Firm(s). 3. A Resolution Authorizing The City To Enter Into An Agreement With Miami-Dade County, On Behalf Of The Miami-Dade County Commission On Ethics And Public Trust, To Develop And Provide A Comprehensive Ethics Training Program For City Employees Who Hold Positions That Are In Regulatory Areas Of The City. 4. A Resolution Authorizing The City To Execute An lnterlocal Agreement Between Miami-Dade County, On Behalf Of The Miami-Dade County Office Of The Inspector General (MDCOIG), And The City, To Authorize The MDCOIG To Provide Independent Investigations Into City Practices And Operations In Order To Prevent And Detect Fraud, Waste, Financial Mismanagement, Employee Misconduct Or Other Abuses. (Police/Building/Human Resources) (Memorandum & Resolutions to be Submitted in Supplemental) 397 · Agenda Item R l T Date S"' -9-11.- THIS PAGE INTENTIONALLY LEFT BLANK 398 R9 NEW BUSINESS AND COMMISSION REQUESTS 399 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www miamibeochA.gov OFFICE OF THE CITY CLERK, Robert Parcher, City Clerk Tel: (305) 673-7 411, Fax: (305) 673-7254 COMMISSION MEMORANDUM To: From: Date: Subject: Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager ~.r-6 May 09, 2012 U BOARD AND COMMITIEES 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: TOTALMBRS. APPOINTED BY: TOTAL VAC PAGE Capital Improvements Projects Oversight Committee Committee on the Homeless Community Development Advisory Committee Community Relations Board Design Review Board 9 9 14 17 7 City Commission 1 Page 6 Commissioner Michael Gongora 1 Page 10 Commissioner Deede Weithorn 1 Page 11 Commissioner Michael Gongora 1 Commissioner Michael Gongora 1 Page 13 Jorge M. Gonzalez, City Manager 2 City Commission 2 Page 17 We are committed to providing excellent public service and safety to all who live, work and play in Agenda Item ~ Cf A Date 5-9-tz- 401 VACANCIES BOARD OR COMMITTEE: Disability Access Committee Fine Arts Board Hispanic Affairs Committee Historic Preservation Board Marine Authority Miami Beach Commission For Women Miami Beach Cultural Arts Council TOTALMBRS. 7 14 7 7 7 21 9 Miami Beach Sister Cities Program 24 Production Industry Council Safety Committee Single Family Residential Review Panel 7 14 3 APPOINTED BY: TOTAL VAC PAGE Commissioner Ed Tobin Commissioner Jerry Libbin Commissioner Michael Gongora Mayor Matti Herrera Bower Commissioner Deede Weithorn Mayor Matti Herrera Bower City Commission Mayor Matti Herrera Bower Commissioner Ed Tobin Commissioner Michael Gongora City Commission Mayor Matti Herrera Bower Mayor Matti Herrera Bower Commissioner Ed Tobin Jorge M. Gonzalez, City Manager 402 1 Page 19 1 1 1 Page 21 1 Page 27 1 Page 28 1 Page 31 1 Page 32 2 1 Page 33 4 Page 35 1 Page 43 1 Page 44 3 Page45 VACANCIES BOARD OR COMMITTEE: TOTALMBRS. APPOINTED BY: TOTAL VAC PAGE Attached is breakdown by Commissioner or City Commission: JMG:REG/sp 403 City Commission Committees Committee Position First Name Finance & Citywide Projects Committee Chairperson Commissioner Deede Weithorn Vice-Chair Commissioner Jorge Exposito Member Commissioner Michael Gongora Alternate Commissioner Jerry Libbin Liaison Patricia Walker, Chief Financial Off. Land Use & Development Committee Chairperson Vice-Chair Member Alternate Liaison Commissioner Michael Gongora Commissioner Jonah Wolfson Commissioner Jerry Libbin Commissioner Ed Tobin Richard Lorber, Acting Planning Dir Neighborhoods/Community Affairs Committee Chairperson Commissioner Edward L. Tobin Vice-Chair Commissioner Jerry Libbin Member Commissioner Jorge Exposito Alternate Commissioner Jonah Wolfson Liaison Barbara Hawayek, Building Depart Friday, April 27, 2012 404 Appointed by Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Page 1 of 1 NON-CITY COMMISSION COMMITTEES Mayor Matti Herrera Bower • Citizen's Oversight Committee • Greater Miami Convention and Visitors Bureau • Tourist Development Council Hilda Fernandez, Asst. CM. • Miami-Dade County Homeless Trust Board Ricky Arriola 5/2014 Mitchell • The Adrienne Arsht Center for the Performing Arts Center Trust Commissioner Tobin • Metropolitan Planning Organization Vacant Vacant Vacant • Dade Cultural Alliance Commissioner Weithorn • Miami Dade League of Cities 405 THIS PAGE INTENTIONALLY LEFT BLANK 406 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: Mayor Matti Herrera Bower and Members of the City Commission Jorge M. Gonzalez, City Manager '\ v-fJ May 9, 2012 U DATE: SUBJECT: BOARD AND COMMITTEE APPOINTMENTS -CITY COMMISSION APPOINTMENTS ADMINISTRATION RECOMMENDATION Make appointments as indicated. BOARDS AND COMMITIEES 1. Capital Improvements Projects Oversight Committee 2. Design Review Board 3. Historic Preservation Board 4. Miami Beach Cultural Arts Council JMG/RE~ F:\CLER\$ALL\MARIA-M\B & C\Commission Memo B & C FOR 05-09-12.doc F:\CLER\$ALL\MARIA-M\B & C\Commission Memo B & C FOR 05-09-12.doc 407 Agenda Item F\ 11} f Date S-9--t z....,. Board and CommiUees Current Members Capital Improvements Projects Oversight Committee 2-190-127 Composition: The Capital improvement projects oversight committee shall consist of nine (9) voting members1 eight (8) of whom shall be appointed by the city commission as a whole (at-large-appointees)1 and one (1) member appointed by the Mayor or designee1 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 designee1 who shall sit as a voting member of the committee1 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 Richard (C5) Engineer 12/31/2012 City Commission (Rick) Kendle Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Brian Ehrlich (C3) Developer 12/31/2013 City Commission 12/31/14 Christina Cuervo (C5) Developer 12/31/2013 City Commission 12/31/13 Dwight Kraai (2) Engineer 12/31/2012 City Commission 12/31/13 Eleanor Carney (C4) At-large 12/31/2013 City Commission 12/31/15 Elizabeth Camargo (C2) Architect 12/31/2013 City Commission 12/31/13 Saul Gross (1) Mayor Designee 12/31/2013 Mayor Matti Herrera Bower 12/31/15 Stacy Kilroy (C3) Const/Gen Contrac 12/31/2012 City Commission 12/31/13 Tony Trujillo (C4) Cap.Budg/Finance 12/31/2012 City Commission 12/31/16 Applicants Position/Title Applicants Position/Title '"'"'"''''""'""'•'•'·"""·"«-''' "'•'"'"''"'"""'''"'''""'"'" Friday, Apri/17, 1011 Page 6 of 51 (Continued .... 408 Board and Committees Current Members Design Review Board 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, Sec. 118.71 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: Members: Name Carol Jason Lilia Manuel Seraj Gary Held Richard Lorber Vacant Applicants To replace Thomas Registered Architect DeLuca To replace Michael Urban Planner La as Last Name Position/Title Housen At-large Hagopian Registered Architect Medina Urban Planner Minagori At-large Saba Landscape Architect advisory/City Attorney Designee advisory/Acting Planning Director ex-officio/Disability Access Committee Position/Title Alexander Annunziato Britta Hanson Daniel Garcia Elsa Urquiza Gilbert Squires Jessica Conn Friday, Apri/27, 2012 12/31/2013 City Commission 12/31/2012 Oty Commission Term Ends: Appointed by: Term Limit: 12/31/2012 City Commission 12/31/16 12/31/2013 City Commission 12/31/15 12/31/2012 City Commission 12/31/15 12/31/2013 City Commission 12/31/17 12/31/2013 City Commission 12/31/13 Applicants Position/Title Beth Dunlop Bryan Rosenfeld Elizabeth Camargo Francis Steffens Jane Gross John Stuart 409 Page 17 of 51 (Continued .... Board and Committees Current Members Historic Preservation Board Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) members. There shall be a member from each of the following categories: 1) A representative from the Miami Design Preservation League (MDPL); Selected from three names nominated by the League. 2) A representative from Dade Heritage Trust (DHT); Selected from three names nominated by the Trust. Sec. 118-101 3) Two at-large member who have resided in one of the city's historic districits for at least one year, and have demostrated ineterest and knowledge in urban design and the preservation of historic buildings. 4) An architect registered in the State of Florida with practical experience in the rehabilitation of historic structures; 5) A registered architect, registered landscape architect, professional designer or professional urban planner with practical experience in the rehabilitation of historic structures; or an attorney, or a licensed engineer who has professional experience and demonstrated interest in historic preservation.; 6) 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. City Liaison: Thomas Mooney Vacancy: Members: Name David Dominique Henry Herb Jane Josephine To replace Norberto Rosenstein Last Name Wieder Bailleul Lares Sosa Gross Manning Reg. Architect Position/Title Attorney At-large Faculty Member MDPL Dade Heritage At-large Applicants Position/Title Andrew Fischer Daniel Garcia Francis Steffens Ira Giller Jessica Jacobs Josh Gimelstein Morris Sunshine Friday, Apri/27, 2012 12/31/2013 City Commission Term Ends: Appointed by: Term Limit: 12/31/2013 City Commission 12/31/2012 City Commission 12/31/2013 City Commission 12/31/2012 City Commission 12/31/2012 City Commission 12/31/2012 City Commission Applicants Position/Title ------····--~------~~- Beth Dunlop Elizabeth Pines Guy Simani Jeffrey Cohen John Stuart Marilys Nepomechie Raymond Adrian 410 Page28of51 12/31/15 12/31/16 12/31/13 12/31/15 12/31/16 12/31/14 Board and Committees Current Members Miami Beach Cultural Arts Council Composition: Three (3) years term. Vacancies submitted by slate of candidates provided by the council. Sec. 2-51 Eleven (11) members to be appointed at-large by a majority vote of the Mayor and City Commission. Effective December 31, 2001, concurrent with the expiration of the terms of six (6) members of the council, and the resulting vacancies thereon, three (3) members shall be appointed for three (3) year terms each, provided that one of those appointments shall be to fill the vacancy of the one (1) year term expiring on December 31, 2001, and three (3) members shall be appointed for two (2) year terms each. Additionally, effective December 31, 2002, no council member may serve more than six (6) consecutive years. City Liaison: Gary Farmer Vacancy: To replace Ileana Bravo-Gordon Members: Name Last Name Position/Title Beatrice Hornstein Charles Million Daniel Novela Ed a Valero-Figueira Gregory Melvin Isadore Have nick Marjorie O'Neill-Butler Merle Weiss Nina Duval Zoila Datorre Applicants Amanda Rodrigues Smith Antoinette Zel Calvin Kohli Elizabeth Pines George Durham Jean Fils Jonathan Parker Kumar Prakash Mark Alhadeff Michael McManus Monica Harvey Nathaniel Korn Patti Hernandez Rebecca Diaz Robert Newman Wetherington Janda Friday, Apri/27, 2012 Position/Title 12/31/2012 City Commission Term Ends: Appointed by: Term Limit: 12/31/2012 City Commission 12/31/2013 City Commission 12/31/2012 City Commission 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2013 City Commission 12/31/2012 City Commission 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2014 City Commission Applicants Annette Fromm Brian Levin Darin Feldman Eugenio Cabreja Janda Wetherington Jenna Ward Karlene Mcleod Maria Cifuentes Marrero Melvin Brazer Molly Leis Monica Minagorri Oliver Oberhauser Paul Venette Robert Barrera Tamra Sheffman Zarco Cyn 411 Position/Title Page33 of 51 12/31/15 12/31/17 12/31/15 12/31/14 12/31/15 12/31/13 12/31/15 12/31/17 12/31/13 12/31/14 THIS PAGE INTENTIONALLY LEFT BLANK 412 R9 -New Business and Commission Requests R981 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) R982 Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.) AGENDA ITEM: R981-2 DATE: s-9~/L 413 THIS PAGE INTENTIONALLY LEFT BLANK 414 m MIAMI BEACH "'='"" . OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM · TO: Jorge M. Gonzalez, City Manager FROM: Ed Tobin, Commissioner DATE: April23, 2012 SUBJECT: Item for discussion for May 9 Commission Meeting · Please place on the May gth Commission Meeting Agenda: Discussion regarding North Beach and murder of a 16 year old boy at 75th Street and Ocean Terrace. If you have any questions please contact, Dessiree Kane at Extension 627 4 ET/dk Agenda Item R9 C. We are committed to providing excellent pubhc service and safety to all who !;ve, work. and play in our vib Date==:,:-:-:r:-=/=2-=== 415 THIS PAGE INTENTIONALLY LEFT BLANK 416 ttl MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Matti Herrera Bower, Mayor (Pv.J ~ t"A 1,( ~ DATE: May 1, 2012 SUBJECT: Discussion Regarding Request to Waive Rental of the Colony Theatre for The Film Life Foundation Please place on the May 9, 2012 Commission meeting agenda a discussion of a request to waive rental ofthe Colony Theatre for The Film Life Foundation, a non- profit which is producing the American Black Film Festival, June 20-23. Now in its sixteenth year, the festival attracts a cross section of affluent business, entertainment and political movers and shakers during Miami Beach's off-season. 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. MHB/rw We are cammilled ta providtn9 excellent public service and safely to all who live. work. and play in our 1 Agenda Item f(Cf D Date 5'-Cf -12- 417 THIS PAGE INTENTIONALLY LEFT BLANK 418 MIAMI BE OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Jorge M. Gonzalez, City Manager Robert Parcher, City Clerk Jorge R. Exposito, Commissioner May 2, 2012 Agenda item: Healthy Initiative MEMORANDUM Please place a discussion item on the May gth, Commission Meeting Agenda relating to Healthy Initiatives being implemented by the Parks and Recreation Department in the City of Miami Beach. 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, JRE/bp We are committed to providing excellent public service and safe;y to all who live, work, and play in our J 419 Agenda Item 89 E Date 5:1-1 Z-- THIS PAGE INTENTIONALLY LEFT BLANK 420 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION G j y y ;· ~ .. :\ ;, j ""· "'; __ I. ~1 \~. Jorge Gonzalez, City Manager~, v • " I·--------·-...,--~.-...... TO: FROM: Jerry Libbin, Commissioner '/lo {) May 1,2012 r DATE: SUBJECT: Agenda item for the May 9, 2012 Commission meeting Please place on the May 9, 2012 Commission meeting agenda; a discussion to amend the city rules and procedures so that our city employees know that they should bring forward information regarding any wrongdoing. Please contact my office at ext. 7106 if you have any questions. JL/er We ate cornmillcd lc• l'"'v".IIII!J uxcc!lulll public sen11ce and safely lo oil who liv<O. work. ond ploy,, uut j Agenda Item R1 F Date s--9-12_ 421 THIS PAGE INTENTIONALLY LEFT BLANK 422 ~ MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jorge M. Gonzalez, City Manager From: Ed Tobin, Commissioner Date: April19, 2012 Subject: Items for discussion for May gth Commission Meeting Pleal;je place on the May gth Commission Meeting Agenda: 1. A request for discussion regarding complacency and accountability of the Administration. 2. A request for discussion regarding City Manager's tenure. If you have any questions please contact, Dessiree Kane at Extension 627 4 ET/dk i Agenda Item R 1 G- we are camm1tted to prov;ding excellent pubf,c service ond safely to all who f,ve. work. and play m ourl Date 5-9-12...._ 423 THIS PAGE INTENTIONALLY LEFT BLANK 424 ~ MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manager FROM: Jonah Wolfson, Commissioner DATE: May 2"d, 2012 SUBJECT: Agenda Discussion Item Please place on the May gth, 2012, Commission Meeting Agenda an item to discuss the dismissal of the City Manager. If you have any questions, please contact Leo nor Hernandez at extension 6437. JW/Ih Agenda Item R 1 H We are committed fa providing excellent public service and safety fa all who live, work, and play in au~ Date S -Cf _. / 2_ 425 THIS PAGE INTENTIONALLY LEFT BLANK 426 R10 CITY ATTORNEY REPORTS 427 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM FROM: Jose Smith, Cit DATE: May 9, 2012 SUBJECT: City Attorney's Status Report LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT 1. Flagstar Bank, FSB vs. Ana Vega, et al., Case No. 12-12667 CA 04 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 8330 NW 103 Street, Unit 1 04-B, Hialeah Gardens, Florida. The Summons and Complaint were served on the City on April 3, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on April 5, 2012. 2. Deutsche Bank National Trust vs. Carlos A. Diaz, et al., Case No. 12-12987 CA 40 (Circuit Court-11 1h Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 2016 Bay Drive, Unit 308, Miami Beach, Florida. The Summons and Complaint were served on the City on April 5, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on April10, 2012. 3. Yadira Reyeros vs. City of Miami Beach, et al., Case No. 12-12661 CA 13 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to quiet title on real property located at 6345 Collins Avenue, Unit 842, Miami Beach, Florida. The Summons and Complaint were served on the City on April 5, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on April17, 2012. 429 Agenda Item RIO/+ Date s--1 -I ~ City Attorney's Report May 9, 2012 Page2 4. Deutsche Bank National Trust vs. Joshua Kremer. et al., Case No. 12-13646 CA 05 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 1595 71 Street, Miami Beach, Florida. The Summons and Complaint were served on the City on April 6, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on April 10, 2012. 5. Wells Fargo Bank, N.A. vs. Robert Scott Fuller. et aL, Case No. 12-12892 CA 05 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 1390 Ocean Drive, Unit 103, Miami Beach, Florida. The Summons and Complaint were served on the City on April 6, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on April 10, 2012. 6. Bank of America. N.A. vs. Henry Garcia. et al., Case No. 12-12588 CA 11 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 7 400 Hawthorne Avenue, Miami Beach, Florida. The Summons and Complaint were served on the City on April 6, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on April10, 2012. 7. Wells Fargo Bank, N.A. vs. Anabel Verez Maldonado, et al., Case No. 12-13664 CA 24 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 5255 Collins Avenue, Unit 8-C, Miami Beach, Florida. The Summons and Complaint were served on the City on April 6, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on April 10, 2012. 430 City Attorney's Report May 9, 2012 Page3 8. Ana Santos Birch v. City of Miami Beach, Case No. 12-12369 CA 13 (Circuit Court-11th Judicial Circuit in and for Miami Dade County) The City was served with this complaint on April 10, 2012 alleging that on July 30, 2010, the plaintiff, Ana Santos Birch, tripped and fell down the steps outside the City of Miami Beach Police Department on her way into the police station. She is alleging injuries as a result of the fall and is also alleging that the stairs in front of the police station were negligently maintained by the City. We shall file our answer to plaintiff's complaint and propound discovery to plaintiff. 9. Nationstar Mortga~e LLC vs. Gioia Giunta. et al., Case No. 12-13526 CA 30 (Circuit Court-11r Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 225 Collins Avenue, Unit 5L, Miami Beach, Florida. The Summons and Complaint were served on the City on April 11, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on April 16, 2012. 10.Adriana Chaves v. City of Miami Beach, Case No. 12-13926 CA 24 (Circuit Court -11th Judicial Circuit in and for Miami Dade County) The City was served with this complaint on April 11, 2012 alleging that on January 11, 2011, the plaintiff, Adriana Chaves, was walking on the sidewalk in front of the Bank of America at 7474 Collins Avenue in Miami Beach when she stepped on an uneven surface between the sidewalk and the steps in front of the premises, allegedly causing her to fall and sustain injuries. She is suing the City and Bank of America for negligently maintaining the area. We shall file our response to the complaint and propound discovery. 11. U.S. Bank National Trust Association vs. lvor Hano Rose. et al., Case No. 09- 47944 CA 27 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 1800 Michigan Avenue, Miami Beach, Florida. The Summons and Verified Third Amended Complaint were served on the City on April16, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on April 17, 2012. 431 City Attorney's Report May 9, 2012 Page4 12. HSBC Bank, USA, N.A. vs. lvor Hano Rose, et al., Case No. 08-80371 CA 27 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 1827 Michigan Avenue, Miami Beach, Florida. The Summons and Verified Third Amended Complaint were served on the City on April16, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on April17, 2012. 13.Deutsche Bank National Trust vs. Maurisio Rios, et al., Case No. 12-14299 CA 30 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 11631 SW 181 Street, Miami, Florida. The Summons and Verified Complaint were served on the City on April17, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on April19, 2012. 14.Bank of America, N.A. vs. Yves R. Barroukh, et al., Case No. 12-14814 CA 15 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 3339 Virginia Street, Unit 104, Coconut Grove, Florida. The Summons and Verified Complaint were served on the City on April 18, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on April 24, 2012. 15.American Home Mortgage Servicing, Inc. vs. Diego Raul Michanie, et al., Case No. 08-034479 CA 40 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 4571 Alton Road, Miami Beach, Florida. The Summons and Verified First Amended Complaint were served on the City on April 18, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on April 24, 2012. 432 City Attorney's Report May9, 2012 Page5 16.The Bank of New York Mellon vs. David Pio Ferrer, et al., Case No. 12-15014 CA 02 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 2899 Collins Avenue, Unit 542, Miami Beach, Florida. The Summons and Verified Amended Complaint were served on the City on April 19, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on April 24, 2012. 17.Bank of America, N.A. vs. Juana C. Grana, et al., Case No. 12-14884 CA 02 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 2899 Collins Avenue, Unit 406, Miami Beach, Florida. The Summons and Verified Amended Complaint were served on the City on April 19, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on April 24, 2012. 18. Henry lsasi v. Mercedes Carcasses, Thamyris Cardelle and the City of Miami Beach Case No. 12-14681 CA 32 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, FL This is an action filed against the City, a police officer and a code compliance officer for false arrest after the plaintiff was arrested for threatening the safety of the code compliance officer. The City is defending the action. 19.Bank of America, N.A. vs. Elena Caro, et al., Case No. 12-15473 CA 15 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 3425 Collins Avenue, Unit 629, Miami Beach, Florida. The Summons and Verified Amended Complaint were served on the City on April 24, 2012. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on April 25, 2012. 20. Bank of America, N.A. vs. Reinier Acevedo, et al., Case No. 12-15585 CA 31 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located at 5601 Collins Avenue, Unit 1612A, Miami Beach, Florida. The Summons and Verified Amended Complaint were served on the City on April24, 2012. 433 City Attorney's Report May 9, 2012 Page 6 The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on April 25, 2012. 21. Adele Wirtheimer and Alexander Wirthimer v. City of Miami Beach, Case No. 12- 15904 CA 25 (Circuit Court-11th Judicial Circuit in and for Miami Dade County). The City was served with this complaint on April 25, 2012 alleging that on Janua~ 25, 2010, the plaintiff, Adele Wirtheimer, tripped and fell on the sidewalk of 42n Street and Collins Avenue in the City of Miami Beach while she was walking on the sidewalk. She fell due to an uneven and broken section of the sidewalk in question. She is alleging injuries and consortium damages due to her fall. We shall file our usual answer and propound discovery to the plaintiffs. 22. John D. Westley v. City of Miami Beach, et al Case No. 2011 CV 3704NE-JSM (United States District Court for the District of Minnesota) This is a pro-se federal lawsuit filed in Minnesota against the City, Max Sklar, and a number of defendants, including Michael Tilson Thomas and Miami-Dade Circuit Court Judge Victoria Sigler. The case alleges various inappropriate actions regarding property located on Lincoln Road. The City and Max Sklar have moved to dismiss the case through local counsel in Minnesota, for lack of personal jurisdiction. The motion has been heard by a Magistrate Judge who will be issuing a recommendation. JS/Ir F:\ATTO\AAOFF\AAOFF\FILE.#S\Status report CAO 050912.doc 434 REPORTS AND INFORMATIONAL ITEMS 435 -z ., 0 --1 m s en Reports and Informational Items (see LTC No. 116-2012) 437 THIS PAGE INTENTIONALLY LEFT BLANK 438 439 :::c c )> Commission Agenda, May 9, 2012 Miami Beach Redevelopment Agency City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive May 9, 2012 Chairperson of the Board Matti Herrera Bower Member of the Board Jorge Exposito Member of the Board Michael G6ngora Member of the Board Jerry Libbin Member of the Board Edward L. Tobin Member of the Board Deede Weithorn Member of the Board Jonah Wolfson Executive Director Jorge M. Gonzalez Assistant Director Jorge Gomez General Counsel Jose Smith Secretary Rafael E. Granado 1. NEW BUSINESS AGENDA A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment Agency (RDA), Authorizing The Chairperson And Secretary To Execute A Retail Lease Agreement With Mr. R Sports, Inc. (Tenant) For Suites 1 Through 4 In The Anchor Shops, Located At 100 16th Street, Miami Beach, Florida, Said Lease Agreement Having An Initial Term Of Three (3) Years, Commencing Upon Execution Of The Lease By The Parties, With Two (2) Renewal Options Of Three (3) Years And Three (3) Years And 364 Days Respectively, At The RDA's Sole And Absolute Discretion, Subject And Pursuant To The Terms And Conditions Set Forth In The Lease. 15 441 MIAMI BEACH Miami Beach Redevelopment Agency City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov HOW A PERSON MAY APPEAR BEFORE THE REDEVELOPMENT AGENCY OF THE CITY OF MIAMI BEACH, FLORIDA The regularly scheduled meetings of the Redevelopment Agency are established by Resolution and are generally held on the same day the Miami Beach City Commission holds their regularly scheduled meetings. The Redevelopment Agency meetings commence at 10:00 a.m. 1. Jorge M. Gonzalez has been designated as the Agency's Executive Director. Robert Parcher has been designated as the Agency's Secretary. 2. Person requesting placement of an item on the agenda must provide a written statement to the Agency Executive Director, 4th Floor, City Hall, 1700 Convention Center Drive, telephone 673- 7285, outlining the subject matter of the proposed presentation. In order to determine whether or not the request can be handled administratively, an appointment will be set up to discuss the matter with a member of the Executive Director's staff. Procedurally, "Request for Agenda Consideration" will not be placed upon the Agency agenda until after Administrative staff review. Such review will ensure that the issue has been addressed in sufficient detail so that the Agency members may be fully apprised of the matter to be presented. Persons will be allowed three (3) minutes to make their presenta.tion and will be limited to those subjects included in their written request. Such written requests must be received in the Executive Director's office no later than noon on Tuesday of the week prior to the scheduled Agency meeting to allow time for processing and inclusion in the agenda package. 3. Once an agenda for the Redevelopment Agency meeting is published, and a person wishes to speak on items listed on the agenda, he/she may call or come to the Agency Secretary's Office, 1st floor, City Hall, 1700 Convention Center Drive, telephone 673-7 411, before 5:00p.m., on the Tuesday prior to the Agency meeting and give their name, the agenda item to be discussed and, where known, the agenda item number. The Agency agenda is available via the City's website, (www.miamibeachfl.gov) on the Friday prior to the Agency meeting or may be reviewed at the Agency's Secretary Office (City Clerk's Office) on the Monday prior to the Agency's regular meeting. 4. All persons who have been listed by the Agency Secretary to speak on the agenda item in which they are specifically interested, will be allowed up to three (3) minutes to present their views. Robert Parcher Agency Secretary F:\CLER\CLER\CITYCLER\RDA Agenda .V3.doc March 5, 2007 442 REDEVELOPMENT AGENCY ITEM SUMMARY · Condensed Title: A Resolution approving a Retail Lease Agreement between the Miami Beach Redevelopment Agency (RDA) and Mr. R Sports, Inc., for suites 1 through 4 in the Anchor Shops, located at 100 161h Street, Miami Beach, Florida; said Lease having an initial term of three (3) years, commencing upon execution of the Lease, with two (2) renewal options of three (3) years and three (3) years and 364 days resp_ectively, at the RDA's sole and absolute discretion. Key Intended Outcome Supported: Increase resident satisfaction with the level of services and facilities. Supporting Data (Surveys, Environmental Scan, etc.): Approximately 40% of retail businesses surveyed, rank Miami Beach as one of the best places to do business and 61% of the same group would recommend Miami Beach as a place to do business. Issue: I Shall the RDA approve the Lease Agreement as proposed? Item Summa /Recommendation: On March 3, 2012, the City was presented with a Letter of Intent (LOI) by Mr. R Sports to lease Suites 1 though 4 in the Anchor Shops. Mr. R Sports has been in business on Miami Beach since 1973, operating one of the largest independent retailers of athletic footwear and apparel in South Florida. Owner and long-time Miami Beach resident, Jose Raij, has been seeking a second location to compliment his flagship store which is located on the corner of Lincoln Road and Washington Avenue. Opening this second location, will not only allow Mr. R Sports to expand its business, but also allow it to cater to its highly popular and well-attended Nike South Beach Run Club events. The proposed lease terms which were approved by the Finance and Citywide Projects Committee (FCWPC), at its April191h meeting generally include the following: • Square Footage: 2,884 square feet; • Term: Three (3) years, with two (2) additional renewal terms of three (3) years and three (3) years and 364 days respectively; • Rent: $31.00 PSF, plus 3% annual increases; • CAM: Prorated share of real estate taxes and insurance, payable monthly • Pre-paid Rent: One (1) month due upon execution; • Security Deposit: Three (3) months rent due upon execution; • Rent Commencement: Earlier of (i) ninety (90) days from execution or (ii) the date Tenant opens for business; The Tenant's proposed use of the space is consistent with previous uses of the space as well as that of the surrounding commercial area. Pursuant to the recommendation of the FCWPC and after having considered all relevant information, the Administration recommends that a lease agreement with Mr. R Sports, Inc, for use of Suites 1 through 4 at the Anchor Shops, with the proposed terms as delineated herein, be approved. Furthermore, it should be noted that since the Anchor Garage and Shops is owned by the RDA, it is not subject to the public hearing requirements set forth under Section 82-39 of the City Code that would normally apply to the lease of City property. Proposed retail leases involving the Anchor Shops may be approved as part of the RDA Board's re ular a enda. ro osed Lease Financial Information: Source of Funds: n/a I 1 Amount 1 Account I 1 I n/a I Financial Impact Summary: T:\AGENDA\2012\May 9, 2012\RDA\Mr. R Sport Retail Lease Summ.doc C9 MIAMIBEACH AGENDA ITEM _l_f\-__ 443 DATE S -Cf-IZ- ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov REDEVELOPMENT AGENCY MEMORANDUM TO: Chairperson and Members of the Miami Beach Redevelopment Agency FROM: Jorge M. Gonzalez, Executive Directo~ DATE: May 9, 2012 SUBJECT: A RESOLUTION OF THE CHAIRPE AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY (RDA), AUTHORIZING THE CHAIRPERSON AND SECRETARY TO EXECUTE A RETAIL LEASE AGREEMENT WITH MR. R SPORTS, INC. FOR SUITES 1 THROUGH 4 IN THE ANCHOR SHOPS, LOCATED AT 100 161H STREET, MIAMI BEACH, FLORIDA, SAID LEASE AGREEMENT HAVING AN INITIAL TERM OF THREE (3) YEARS, COMMENCING UPON EXECUTION OF THE LEASE BY THE PARTIES, WITH TWO (2) RENEWAL OPTIONS OF THREE (3) YEARS AND THREE (3) YEARS AND 364 DAYS, RESPECTIVELY, AT THE RDA'S SOLE AND ABSOLUTE DISCRETION, SUBJECT AND PURSUANT TO THE TERMS AND CONDITIONS SET FORTH IN THE LEASE. ADMINISTRATION RECOMMENDATION Adopt the resolution. KEY INTENDED OUTCOMES SUPPORTED Increase resident satisfaction with the level of services and facilities. BACKGROUND On March 3, 2012, the City was presented with a Letter of Intent (LOI) by Mr. R Sports to lease Suites 1 though 4 in the Anchor Shops. The 2,884 square foot space fronting the 16th Street side of the building has been vacant since December of 2010. The previous Tenant, Training Camp d/b/a Arrive Miami, went out of business and informed us this was due in part to the prevailing and challenging economic conditions in the area, but also due to the reduced pedestrian traffic on the 100 block of 16th Street, which has been a challenge for retailers since the opening of the facility in 1998. The vacant space was shown several times to other prospective retailers by the City's former contracted real estate broker, Koniver Stern, with only two offers that actually materialized, both of which were eventually withdrawn by the respective parties. Mr. R Sports was in business on Miami Beach since 1973, operating one of the largest independent retailers of athletic footwear and apparel in South Florida. Owner and long-time Miami Beach resident, Jose Raij, has been seeking a second location to compliment his flagship store which is located on the corner of Lincoln Road and Washington Avenue. Opening this second location, will not only allow Mr. R Sports to expand its business, but also allow it to cater to its highly popular and well-attended Nike South Beach Run Club events. 444 Miami Beach Redevelopment Agency Memorandum Anchor Shops Retail Lease -Mr. R Sports May 9, 2012 Page 2 of3 The proposed lease terms are very similar to those previously approved by the Finance and Citywide Projects Committee (FCWPC), at its January 19th meeting, involving an earlier offer from Grooveman Music for the same space presented by Koniver Stern. Grooveman's offer did not factor in sales tax and common area costs (property taxes and insurance) as additional costs and subsequently, during negotiations, withdrew its offer. On the other hand, the proposal submitted by Mr. R Sports fully accounts for these additional costs and based on Koniver Stern's earlier assessment of market conditions in the area, is certainly feasible and acceptable. Proposed Terms: Commencement Date: Initial Lease Term: Renewal Options: and Base Rent: Common Area Costs: The date the Lease is fully executed by Landlord and Tenant Three (3) years Two (2) options-the first for three (3) years; and, the second for three (3) years and 364 days, subject to Landlord's sole absolute discretion. $31.00/sq.ft; $89,404 per year, payable at $7,450 per month; plus applicable Florida State Sales Tax Prorated share of real estate taxes and insurance, to be adjusted annually to reflect the actual pro-rata share of property taxes and insurance costs incurred by the Landlord during the previous calendar year. Currently-$4,077 per year, payable at $339.75 per month. Rent Commencement Date: The earlier of (i) 90 days from the date the Landlord delivers the premises or (ii) the date the Tenant opens for business Annual Rent Increase: Three (3%) percent annually Condition of Delivery: As-is Prepaid Rent: One month's rent, due at lease execution Minimum Security Deposit: Three (3) months' rent, due at lease execution Guaranty: The lease shall be personally guaranteed by the principal(s) It should further be noted that the prospective Ten ant's proposed use of the premises is consistent with previous uses of the space as well as the surrounding commercial area. On April 19, 2012, staff presented the lease proposal to the FCWPC, which recommended in favor of the terms as proposed and directed staff to proceed in finalizing a Lease Agreement with Mr. R Sports for approval by the RDA Board. 445 Miami Beach Redevelopment Agency Memorandum Anchor Shops Retail Lease -Mr. R Sports May9, 2012 Page 3 of3 RECOMMENDATION Pursuant to the recommendation of the FCWPC, the Administration recommends that a lease agreement with Mr. R Sports, Inc, for use of Suites 1 through 4 at the Anchor Shops, with the proposed terms as delineated herein, be approved. It should further be noted that since the Anchor Garage and Shops is owned by the RDA, it is not subject to the public hearing requirements set forth under Section 82-39 of the City Code that would normally apply to the lease of City property. Proposed retail leases involving the Anchor Shops may be approved during and as part of the RDA Board's regular agenda. JMG/HMF/AP/KOB Attachments: Proposed Retail Lease Agreement between the RDA and Mr. R Sports, Inc. T:\Agenda\2012\May 9\RDA\Mr. R Sports Retail Lease Memo.doc 446 RESOLUTION NO. ________ _ A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY (RDA), AUTHORIZING THE CHAIRPERSON AND SECRETARY TO EXECUTE A RETAIL LEASE AGREEMENT WITH MR. R SPORTS, INC. (TENANT) FOR SUITES 1 THROUGH 4 IN THE ANCHOR SHOPS, LOCATED AT 100 161 H STREET, MIAMI BEACH, FLORIDA, SAID LEASE AGREEMENT HAVING AN INITIAL TERM OF THREE (3) YEARS, COMMENCING UPON EXECUTION OF THE LEASE BY THE PARTIES, WITH TWO (2) RENEWAL OPTIONS OF THREE (3) YEARS AND THREE (3) YEARS AND 364 DAYS, RESPECTIVELY, AT THE RDA'S SOLE AND ABSOLUTE DISCRETION, SUBJECT AND PURSUANT TO THE TERMS AND CONDITIONS SET FORTH IN THE LEASE. WHEREAS, on March 3, 2012, the City was presented with a Letter of Intent (LOI) by Mr. R Sports to lease Suites 1 though 4 in the Anchor Shops, comprising approximately 2,884 square foot space fronting the 16th Street side of the building (hereinafter referred to as the "Premises"); and WHEREAS, Mr. R Sports has been in business on Miami Beach since 1973, operating one of the largest independent retailers of athletic footwear and apparel in South Florida; and WHEREAS, Mr. R Sports is proposing to use the Premises as a second location to compliment its flagship store, which is located on the corner of Lincoln Road and Washington Avenue, and WHEREAS, on April19, 2012, staff presented the prospective Tenant's proposed lease terms to the Finance and Citywide Projects Committee, which recommended in favor of such terms and directed staff to proceed in finalizing a Lease Agreement with Mr. R Sports, for approval by the RDA Board. 447 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, that the Chairperson and Members of the RDA, hereby authorize the Chairperson and Secretary to execute a Retail Lease Agreement with Mr. R. Sports, Inc., for Suites 1 through 4 in the Anchor Shops, located at 100 16th Street, Miami Beach, Florida, said Lease Agreement having an initial term of three (3) years, commencing upon execution of the Lease by the parties, with two (2) renewal options of three (3) three years and three (3) years and 364 days, respectively, at the RDA's sole and absolute discretion, subject and pursuant to the terms and conditions set forth in the Agreement. PASSED and ADOPTED this gth day of May, 2012. ATTEST: Rafael E. Granado, SECRETARY JMG\HMF\AP\KOB T:\Agenda\2012\May 9\RDA\Mr. R Sports Retail Lease Reso.doc 448 Matti Herrera Bower, CHAIRPERSON APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION LANDLORD: TENANT: DATE OF EXECUTION: Anchor Shops Lease Agreement-Mr. R Sports Inc. Miami Beach Redevelopment Agency, a public body corporate and politic 1700 Convention Center Drive Miami Beach, Florida 33139 Mr. R Sports, Inc. 407 Lincoln Road Miami Beach, Fl. 33139 -------------' 2012 ANCHOR SHOPS AT SOUTH BEACH RETAIL LEASE {i) 449 LEASE SUMMARY The following is a summary of basic lease provisions with respect to the Lease. It is an integral part of the Lease, and terms defined or dollar amounts specified in this Summary shall have the meanings or amounts as stated, unless expanded upon in the text of the Lease and its Exhibits, which are attached to and made a part of this Summary. 1. Date of Lease Execution: 2. "Landlord": 3. Landlord's Address: 4. "Tenant": 5. Tenant's Address: 6. "Guarantor": 7. Guarantor's Address: 8. Premises (section 1.1 }: 9. Gross Rentable Area of Premises (section 1.1 ): 1 0. Gross Rentable Area of Retail Space (section 1.1 ): 11. Tenant's Proportionate Share (section 2.4): 12. Permitted Use of Premises (section 3.1 }: Anchor Shops Lease Agreement -Mr. R Sports Inc. ----------' 2012. Miami Beach Redevelopment Agency Miami Beach Redevelopment Agency 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: Office of Real Estate, Housing & Com. Dev. with a copy to: City of Miami Beach Miami Beach Redevelopment Agency 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: Legal Department Mr. R Sports, Inc. 407 Lincoln Road Miami Beach, Fl. 33139 Mr. R Sports, Inc. 407 Lincoln Road Miami Beach, Fl. 33139 1 00 161h Street-Suite #1 ,2,3 and 4 Miami Beach, FL 33139 As shown on Exhibit "B" Approximately 2,884 square feet. Approximately 20,500 rentable square feet N/A Premises shall be used to display and sell athletic footwear, apparel and accessories, (and subject to the prohibited uses described in Exhibit "D" to the Lease). (ii) 450 13. Term of Lease (section 1.1): 14. "Minimum Rent" (section 2.2): MONTHS Rent Commencement Date - next succeeding twelve months * Three (3) years. "Commencement Date": The date the Lease is fully executed by Landlord and Tenant. "Rent Commencement Date": The earlier of (i) 90 days from the date Landlord delivers the Premises or (ii) the date the Tenant opens for business. "Renewal Options": Two (2) options of three years and three years and 364 days respectively, after the Expiration Date of the lntial Lease Term. Tenant must notify Landlord in writing, one hundred and eighty (180) days prior to Expiration Date of its intention of exercising the Renewal Option. ANNUAL MINIMUM RENT $89,404 MONTHLY PAYMENT (PLUS SALES TAX) $7,450 * Commencing on the first anniversary of the Rent Commencement Date, and at the beginning of each succeeding year thereafter during the Term of the Lease, the Minimum Rent shall be increased annually in increments of three (3%) annually. 15. 16. 17. 18. Percentage Rental (section 2.3): Prepaid Rent (section 2.2): Security Deposit (section 2. 7): Cost Pass-Throughs (CAM) (section 2.4): N/A $7,450.00 (plus applicable sales tax) due upon execution of Lease; to be applied to first full month Minimum Rent is due. $14,900 (excludes sales tax), the equivalent of two (2) months rent (due upon execution of Lease). Proportionate share of Property Taxes and Insurance on the Anchor Shops and Parking Garage. LEASE YEAR COMMON AREA MAINTENANCE (CAM) COST PER SQUARE FOOT* MONTHLY/ANNUAL PAYMENT 1 2-3 $1.41 See Note(*) $339/$4,077 See Note(*) Note (*) Beginning on June 1, and at the beginning of each succeeding Lease Year thereafter during the Term of the Lease, the CAM rate shall be adjusted to reflect the actual pro-rata share of property tax and insurance costs incurred by the Landlord during the previous calendar year. Anchor Shops Lease Agreement-Mr. R Sports Inc. (iii) 451 19. 20. 21. 22. 23. Comprehensive General Liability Insurance (section 6.1 ): Monthly Promotional Charge (section 13.1 ): Broker(s) (section 14.12): Completion Date for Tenant's Work (section 5.1): Trade Name (section 3.1): Anchor Shops Lease Agreement-Mr. R Sports Inc. $2,000,000.00 N/A N/A Ninety (90) days after the Commencement Date. Mr. R Sports (iv) 452 THIS LEASE (the "Lease"), dated the __ day of , 2012, is made between the Miami Beach Redevelopment Agency, a public body corporate and politic (the "Landlord"), and Mr. R Sports, Inc. a Florida Corporation (the "Tenant"). RECITALS: A. The Landlord is the fee simple owner of a certain facility (the "Facility'') containing a municipal parking garage and appurtenances containing approximately eight hundred (800) parking spaces (the "Garage") and certain retail space (the "Retail Space") located in an area bounded by Washington and Collins Avenues in the proximity of 16th Street, City of Miami Beach, Metropolitan Dade County, Florida, as more particularly described in Exhibit "A," attached hereto and made a part hereof (the "Land"). The Landlord is the fee simple owner of the Land and the Facility. B. Landlord and Tenant desire to enter into this Lease for a portion of the Retail Space, on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows: ARTICLE I. TERM. 1.1 Grant: Term. In consideration of the performance by Tenant of its obligations under this Lease, Landlord leases to Tenant, and Tenant leases from Landlord, for the Term, the "Premises." A site plan showing the location of the Retail Space within the Facility, as well as the location of the Premises within the Retail Space, is attached hereto and made a part hereof as Exhibit "B." The gross rentable area of the Premises and Retail Space shown on the Lease Summary do not represent accurate measurements of the square footage contained in the Premises or the Retail Space, but are mere estimates. The "Term" of the Lease is the period from the Commencement Date as specified in the Lease Summary, through the Expiration Date, as specified in the Lease Summary. 1.2. Landlord's Work. Tenant acknowledges and agrees that it is accepting possession of the Premises in as-is condition and that, except as otherwise expressly hereinafter set forth, Landlord has no obligation to furnish, render, or supply any money, work, labor, material, fixture, equipment, or decoration with respect to the Premises. Landlord has caused the completion of the shell improvements to the Retail Space as more particularly described on Exhibit "B-1," attached hereto and made a part hereof (the "Shell Improvements"), pursuant to plans and specifications therefor prepared by Landlord's architect and engineer (the "Project Plans and Specifications") and made available to Tenant prior to the date hereof. Landlord reserves the right to modify the plans and specifications for the Shell Improvements In response to building code requirements and/or construction conditions. Tenant is responsible for any and all utility impact fees and connection fees, charges, and/or deposits as may be required in connection with Tenant's Work, as hereinafter defined. Upon the expiration of five (5) business days following the Commencement Date, the Premises shall be conclusively deemed to be accepted by Tenant unless Tenant shall have given Landlord written notice of any contended defects in the Premises. ARTICLE II. RENT. 2.1 Covenant to Pay. Tenant shall pay to Landlord all sums due hereunder from time to time from the Rent Commencement Date without prior demand, together with all applicable Florida sales tax thereon; however, unless otherwise provided in this Lease, payments other than Tenant's regular monthly payments of Minimum Rent shall be payable by Tenant to Landlord within ten (10) days following demand. All rent or other charges that are required to be paid by Tenant to Landlord shall be payable at Landlord's address indicated on the Lease Summary. Minimum Rent and additional rent (which is all sums payable to Landlord other than Minimum Rent) for any "Lease Year" consisting of less than twelve (12) months shall be prorated on a per diem basis, based upon a 453 period of 365 days. "Lease Year" means the twelve (12) full calendar months commencing on the Commencement Date. However, the final Lease Year may contain less than twelve (12) months due to expiration or sooner termination of the Term. Tenant agrees that its covenant to pay rent and all other sums under this Lease is an independent covenant and that all such amounts are payable without counterclaim, set-off, deduction, abatement, or reduction whatsoever, except as expressly provided for in this Lease. 2.2 Minimum Rent. Subject to any escalation which may be provided for in this Lease, Tenant shall pay Minimum Rent for the Term in the initial amount specified in the Lease Summary, which, except for the first installment, shall be payable throughout the Term in equal monthly installments in advance on the first day of each calendar month of each year of the Term, such monthly installments to be in the amounts (subject to escalation) specified in the Lease Summary. The first monthly installment of Minimum Rent shall be due on the date of this Lease. The Minimum Rent described above shall be adjusted during the Term of this Lease as provided in the Lease Summary. 2.3. Percentage Rental. Intentionally Omitted. 2.4 Operating Costs: Taxes. Tenant shall remit together with regular monthly payments of Minimum Rent, its proportionate share of Common Area Maintenance (CAM) payments as determined in Section 19 of the Lease Summary. 2.5 Payment of Personal Property Taxes: Sales Tax Reports. Tenant shall pay, when due, all taxes attributable to the personal property, trade fixtures, business, occupancy, or sales of Tenant or any other occupant of the Premises and to the use of the Retail Space by Tenant or such other occupant. Tenant shall provide Landlord with copies of Tenant's sales tax reports provided to the State of Florida, as and when such reports are provided to the State. Landlord shall have the right to disclose such reports to any person or entity having an interest or prospective interest in the Retail Space. 2.6 Rent Past Due. If any payment due from Tenant shall be overdue more than five (5) days, a late charge of five (5%) percent of the delinquent sum may be charged by Landlord. If any payment due from Tenant shall remain overdue for more than fifteen (15) days, an additional late charge in an amount equal to the lesser of the highest rate permitted by law or one and one-half (1 1/2%) percent per month (eighteen (18%) percent per annum) of the delinquent amount may be charged by Landlord, such charge to be computed for the entire period for which the amount is overdue and which shall be in addition to and not in lieu of the five (5%) percent late charge or any other remedy available to Landlord. 2. 7 Security Deposit. Landlord acknowledges receipt of a security deposit in the amount specified on the Lease Summary to be held by Landlord, without any liability for interest thereon, as security for the performance by Tenant of all its obligations under this Lease. Landlord shall be entitled to commingle the security deposit with Landlord's other funds. If Tenant defaults in any of its obligations under this Lease, Landlord may at its option, but without prejudice to any other rights which Landlord may have, apply all or part of the security deposit to compensate Landlord for any loss, damage, or expense sustained by Landlord as a result of such default. If all or any part of the security deposit is so applied, Tenant shall restore the security deposit to its original amount on demand of Landlord. Subject to the provisions of section 2.4, within thirty (30) days following termination of this Lease, if Tenant is not then in default, the security deposit will be returned by Landlord to Tenant. Notwithstanding the foregoing, for purposes of the security deposit described in the Lease Summary and the above paragraph, Tenant, at its option, shall have the right to post an irrevocable, unconditional, and transferable Letter of Credit, which Letter of Credit shall comply with the provisions of Exhibit "2.7," attached hereto and made a part hereof. If Tenant delivers the Letter of Credit to Landlord, then Landlord will return the cash security deposit promptly after Landlord's receipt of the Letter of Credit. 2.8 Landlord's Lien. To secure the timely construction and installation of all improvements to the Premises by tenant and to secure the payment of all rent and other sums of money due and to become due hereunder and the faithful performance of this Lease by Tenant, Tenant hereby gives to Landlord an express first 2 454 and prior contract lien and security interest on all property now or hereafter acquired (including fixtures, equipment, chattels, and merchandise) which may be placed in the Premises and also upon all proceeds of any insurance which may accrue to Tenant by reason of destruction of or damage to any such property. Such property shall not be removed therefrom without the written consent of Landlord until all arrearages in rental and other sums of money then due to Landlord hereunder shall first have been paid; provided, Tenant may operate its business in the ordinary course and the removal of merchandise from the Premises by customers of Tenant shall not be a default under this section. All exemption laws are hereby waived in favor of said lien and security interest. This lien and security interest is given in addition to Landlord's statutory lien and shall be cumulative thereto. Landlord shall, in addition to all of its rights hereunder, also have all of the rights and remedies of a secured party under the Uniform Commercial Code as adopted in the State in which the Premises is located. To the extent permitted by law, this Lease shall constitute a security agreement under Article 9 of the Florida Uniform Commercial Code. ARTICLE Ill. USE OF PREMISES. 3.1 Permitted Use. The Premises shall be used and occupied only for the sale of retail of goods or services as specified in the Lease Summary. The business of Tenant in the Premises shall be carried on under the name specified in the Lease Summary and under no other name unless approved by Landlord in writing. Tenant shall carry on its business on the Premises in a reputable manner and shall not do, omit, permit, or suffer to be done or exist upon the Premises anything which shall result in a nuisance, hazard, or bring about a breach of any provision of this Lease or any applicable municipal or other governmental law or regulation, or would otherwise be inconsistent with a first-class retail center or incompatible with retail uses ancillary to a first-class convention center hotel. Tenant shall observe all reasonable rules and regulations established by Landlord from time to time for the Retail Space. The rules and regulations in effect as of the date hereof are attached to and made a part of this Lease as Exhibit "C." Landlord will provide a copy of any amendments to the rules and regulations at least seven (7) days prior to the effective date of any such amendments. Tenant shall display such name as Landlord may from time to time designate for the Retail Space in its stationery used upon the Premises, and in material which is given, visible, or available to customers of Tenant. Tenant shall promote such name in any advertisements or promotional material published or initiated by Tenant in regard to its business from the Premises. The names for the Retail Space and the project of which the Retail Space is a part, which Landlord may from time to time adopt, and every name or mark adopted by Landlord in connection with the Retail Space shall be used by Tenant only in association with the business carried on in the Premises during the Term and Tenant's use thereof shall be subject to such reasonable regulation as Landlord may from time to time impose. 3.2 Compliance with Laws. The Premises shall be used and occupied in a safe, careful, and proper manner so as not to contravene any present or future laws, rules, regulations, constitutions, orders, ordinances, charters, statutes, codes, executive orders, and requirements of all governmental authorities having jurisdiction over the Premises or any street, road, avenue, or sidewalk comprising a part of, or lying in front of, the Premises or any vault in or under the Premises (including, without limitation, any of the foregoing relating to handicapped access or parking, the local building codes, and the laws, rules, regulations, orders, ordinances, statutes, codes, and requirements of any applicable Fire Rating Bureau or other body exercising similar functions), the temporary and/or permanent certificate or certificates of occupancy issued for the Premises as then in force, and any and all provisions and requirements of any property, casualty, or other insurance policy required to be carried by Tenant under this Lease. If due to Tenant's use of the Premises, repairs, improvements, or alterations are necessary to comply with any of the foregoing, Tenant shall pay the entire cost thereof. 3.3 Signs. Tenant, at Tenant's expense, shall erect and maintain identification signage upon the storefront of the Premises. The design and specification of such signage shall be subject to Landlord's sign criteria as adopted from time to time and such design and specification (including camera-ready artwork) shall be submitted for Landlord's prior approval. Except with the prior written consent of Landlord, Tenant shall not erect, install, display, inscribe, paint, or affix any signs, lettering, or advertising medium upon or above any exterior portion of the Premises or in or on Tenant's storefront or storefront window. Landlord's signage criteria is attached hereto and made a part hereof as Exhibit "E." 3 455 3.4 Environmental Provisions. (a) Tenant shall not knowingly incorporate into, use, or otherwise place or dispose of at the Premises or in the Retail Space (or allow others to incorporate into, use, or otherwise place or dispose of at the Premises or in the Retail Space) any Hazardous Materials, as hereinafter defined, unless (i) such Hazardous Materials are for use in the ordinary course of business (i.e., as with office or cleaning supplies), (ii) notice of and a copy of the current material safety data sheet is provided to Landlord for each such Hazardous Material (except for Hazardous Materials used by Tenant in the ordinary course of business (i.e., as with office or cleaning supplies)), and (iii) such materials are handled and disposed of in accordance with all applicable governmental laws, rules, and regulations. If Landlord or Tenant ever has knowledge of the presence in the Premises or the Retail Space of Hazardous Materials which affect the Premises, such party shall notify the other thereof in writing promptly after obtaining such knowledge. For purposes of this Lease, "Hazardous Materials" shall mean: (a) petroleum and its constituents; {b) radon gas, asbestos in any form which is or could become friable, urea formaldehyde foam insulation, transformers or other equipment which contain dielectric fluid containing levels of polychlorinated biphenyls in excess of federal, state or local safety guidelines, whichever are more stringent; (c) any substance, gas, material or chemical which is or may hereafter be defined as or included in the definition of "hazardous substances," "hazardous materials," "hazardous wastes," "pollutants or contaminants," "solid wastes," or words of similar import under any applicable governmental laws, rules, and regulations including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. § 9061 et seq.; the Hazardous Materials Transportation Act, as amended, 49 U.S. C. § 1801, et seq.; the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6901, et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251, et seq.; and Florida Statutes, Chapters 376 and 403; and (d) any other chemical, material, gas, or substance, the exposure to or release of which is regulated by any governmental or quasi-governmental entity having jurisdiction over the Retail Space or the operations thereon. (b) If Tenant or its employees, agents, or contractors shall ever violate the provisions of subsection (a), above, then Tenant shall clean-up, remove, and dispose of the Hazardous Material causing the violation, in compliance with all applicable governmental standards, laws, rules, and regulations and repair any damage to the Premises or Retail Space within such period of time as may be reasonable under the circumstances after written notice by Landlord, provided that such work shall commence not later than thirty (30) days from such notice and be diligently and continuously carried to completion by Tenant or Tenant's designated contractors. Tenant shall notify Landlord of its method, time, and procedure for any clean-up or removal of Hazardous Materials under this provision; and Landlord shall have the right to require reasonable changes in such method, time, or procedure or to require the same to be done after normal business hours or when the Retail Space is otherwise closed (i.e., holidays) if reasonably required for the protection of other tenants or occupants of the Retail Space. (c) Tenant agrees to defend, indemnify, and hold harmless Landlord, and the City of Miami Beach (the "City") against any and all claims, costs, expenses, damages, liability, and the like, which Landlord may hereafter be liable for, suffer, incur, or pay arising under any applicable environmental laws, rules, and regulations and resulting from or arising out of any breach of the covenants contained in this section 3.4, or out of any act, activity, or violation of any applicable environmental laws, rules, and regulations on the part of Tenant, its agents, employees, or assigns. Tenant's liability under this section 3.4 shall survive the expiration or any termination of this Lease. 3.5 Hours: Continued Occupancy. During the Term, Tenant shall conduct its business in the Premises, at a minimum, on all days and during all hours established by Landlord from time to time as store hours for the Retail Space. Tenant may conduct business on the Premises, in addition to the foregoing times, in Tenant's reasonable judgment in order to maximize sales from the Premises, at Tenant's sole expense. However, Landlord shall not be responsible for providing common area or other services during such additional hours. Tenant shall open the whole of the Premises for business to the public, fully fixtured, stocked, and staffed_on the Completion Date set forth in item 22 of the Lease Summary, and shall continuously, actively, and diligently carry on the business specified in section 3.1 on the whole of the Premises during the Term, during such hours and upon such days as are herein required, except when prevented from doing so by force majeure. Tenant acknowledges that its 4 456 continued occupancy of the Premises and the regular conduct of its business therein are of utmost importance to neighboring tenants and to Landlord in the renting of space in the Retail Space, the renewal of other leases therein, the efficient and economic supply of services and utilities. Tenant acknowledges that Landlord is executing this Lease in reliance thereupon and that the same is a material element inducing Landlord to execute this Lease. Tenant shall not keep or display any merchandise on or otherwise obstruct the common areas and shall not sell, advertise, conduct, or solicit business anywhere within the Retail Space other than in the Premises. Tenant shall ship and receive supplies, fixtures, equipment, furnishings, wares, and merchandise only through the appropriate service and delivery facilities provided by Landlord; and shall not park its trucks or other delivery vehicles or allow suppliers or others making deliveries to or receiving shipments from the Premises to park in the parking areas, except in those parts thereof as may from time to time be allocated by Landlord for such purpose. Tenant shall maintain available a substantial stock of goods, wares, and merchandise adequate to ensure successful operation of Tenant's business, and shall employ and maintain sales and other personnel sufficient at all times for proper service to customers. 3.6 Prohibited Uses. Notwithstanding any other provisions of this Lease, Tenant shall not use the Premises nor permit them to be used for any of the following purposes: (A) for the sale by Tenant, as its principal business purpose, of any merchandise which Tenant, in the course of its normal business practice, purchases at manufacturers' clearances or purchases of ends-of-runs, bankruptcy stock, seconds, or other similar merchandise; (B) for the sale of second-hand goods, war surplus articles, insurance salvage stock, fire sale stock, merchandise damaged by or held out to be damaged by fire, except merchandise damaged by fire or smoke occurring in the Retail Space, and then only for thirty (30) days after the date of any such damage; (C) as an auction or flea market; (D) for a bankruptcy sale or going-out-of-business sale or liquidation sale or any similar sale, unless Tenant is in fact in bankruptcy or is going out of business or is in liquidation, in which case such sale shall not continue beyond thirty (30) days; (E) a business primarily used for an order office, mail order office, or catalogue store; or (F) any business in which Tenant is engaged in intentionally deceptive or fraudulent advertising or selling practices or any other act or business practice contrary to honest retail practices. 3.7 lntentionaly Omitted. 3.8 Exclusive Use. So long as Tenant is in actual occupancy of the Premises and using the Premises for the permitted use set forth in the Lease Summary, Landlord agrees not to enter into any leases for space in the Retail Space with persons or entities whose primary business at the Retail Space would be the sale of athletic and/or other types of sporting footwear, retail apparel and related general merchandise. ARTICLE IV. ACCESS AND ENTRY. 4.1 Right of Examination. Landlord shall be entitled at all reasonable times and upon reasonable notice (but no notice is required in emergencies) to enter the Premises to examine them if Landlord reasonably believes that Tenant is not complying with any of its obligations hereunder; to make such repairs, alterations, or improvements thereto as Landlord considers necessary or reasonably desirable; to have access to underfloor facilities and access panels to mechanical shafts and to check, calibrate, adjust, and balance controls and other parts of the heating, air conditioning, ventilating, and climate control systems. Landlord reserves to itself (and others acting on behalf of Landlord including, without limitation, the City) the right to install, maintain, use, and repair pipes, ducts, conduits, vents, wires, and other installations leading in, through, over, or under the Premises and for this purpose, Landlord may take all material into and upon the Premises which is required therefor. Tenant shall not unduly obstruct any pipes, conduits, or mechanical or other electrical equipment so as to prevent reasonable access thereto. Landlord reserves the right to use all exterior walls and roof area. Landlord shall exercise its rights under this section, to the extent possible in the circumstances, in such manner so as to minimize interference with Tenant's use and enjoyment of the Premises and Tenant's property. 4.2 Right to Show Premises. Landlord and its agents have the right to enter the Premises at all reasonable times and upon reasonable notice to show them to prospective purchasers, lenders, or anyone having a prospective interest in the Retail Space, and, during the last six (6) months of the Term (or the last six (6) months of any renewal term if this Lease is renewed), to show them to prospective tenants. Landlord shall 5 457 exercise its rights under this section, to the extent possible in the circumstances, in such manner so as to minimize interference with Tenant's use and enjoyment of the Premises and Tenant's property. ARTICLE V. INITIAL CONSTRUCTION; MAINTENANCE. REPAIRS. AND ALTERATIONS. 5.1. Tenant's Construction Obligations. (a) Subject to the provisions hereof, Tenant shall, at its expense, cause the construction and installation of all improvements to the Premises in accordance with Tenant's Plans, as hereinafter defined, and as necessary to permit Tenant to occupy same and conduct normal business operations (such improvements being referred to herein as" Tenant's Work"). The plans for such improvements shall be submitted to the Landlord for the Landlord's prior written consent, which will not be unreasonably withheld or delayed. (b) All permanent (fixed) improvements to the Premises shall remain the property of the Landlord upon termination of the Lease. Upon the lawful termination of the Lease, all personal property and trade fixtures may be removed by the Tenant from the Premises without damage to the Premises. (c) Any damage to the existing finishes of the Retail Space shall be patched and repaired by Tenant, at its expense, and all such work shall be done to Landlord's satisfaction. If any patched and painted area does not match the original surface, then the entire surface shall be repainted at Tenant's expense. Tenant agrees to indemnify and hold harmless Landlord, its agents, and employees from and against any and all costs, expenses, damage, loss, or liability, including, but not limited to, reasonable attorneys' fees and costs, which arise out of, is occasioned by, or is in any way attributable to the build-out of the Premises or any subsequent improvements or alterations by Tenant pursuant to this Lease. Tenant, at its expense, shall be responsible for the maintenance, repair, and replacement of any and all items constructed by Tenant's contractor. (d) Tenant shall not alter the existing fire alarm system in the Premises or the Retail Space. Tenant's Plans shall include detailed drawings and specifications for the design and installation of Tenant's fire alarm (and security) system(s) for the Premises. Such system(s) shall meet all appropriate building code requirements, and the fire alarm system shall, at Tenant's expense, be integrated into Landlord's fire alarm system for the Retail Space. (Landlord is not required to provide any security system.) Landlord's electrical contractor and/or fire alarm contractor shall, at Tenant's expense, make all final connections between Tenant's and Landlord's fire alarm systems. Tenant shall insure that all work performed on the fire alarm system shall be coordinated at the job site with the Landlord's representative. (e) Tenant will permit no liens to attach to the Premises arising from, connected with or related to the construction of the improvements. Moreover, such construction shall be accomplished through the use of licensed, reputable contractors who are acceptable to Landlord. Any and all permits and or licenses required for the installation of improvements shall be the sole responsibility of Tenant. (f) The above requirements for submission of plans and the use of specific contractors shall not apply to maintenance or repairs which do not exceed $10,000.00, provided that the work is not structural, and provided that it is permitted by applicable law. (g) Landlord acknowledges that the Current Tenant has made improvements and had signage installed prior to the execution of this Lease Agreement, and as such, said improvements and signage are acceptable to Landlord, to the extent that same were properly permitted, and done in compliance with all applicable building codes, and any other Municipal, County, State and Federal laws. 5.2 Maintenance and Repairs by Landlord. It is hereby acknowledged and agreed that Landlord shall maintain and repair certain portions of the Retail Space. Tenant will notify in writing of any necessary repairs that are the obligation of Landlord. Landlord shall not be responsible for any damages caused to Tenant by reason of failure of any equipment or facilities serving the Retail Space or delays in the performance of any work for which the Landlord is responsible to perform pursuant to this Lease. Notwithstanding any other provisions of this Lease, if any part of the Retail Space is damaged or destroyed or requires repair, replacement, or alteration as a result of 6 458 the act or omission of Tenant, its employees, agents, invitees, licensees, or contractors, Landlord shall have the right to perform same and the cost of such repairs, replacement, or alterations shall be paid by Tenant to Landlord upon demand. In addition, if, in an emergency, it shall become necessary to make promptly any repairs or replacements required to be made by Tenant, Landlord may re-enter the Premises and proceed forthwith to have the repairs or replacements made and pay the costs thereof. Upon demand, Tenant shall reimburse Landlord for the cost of making the repairs. Landlord shall exercise its rights under this section in a manner so as to minimize any disruption or interference with the operation of Tenant's business and property. 5.3 Maintenance and Repairs by Tenant. Tenant shall, at its sole cost, repair and maintain the Premises exclusive of base building mechanical and electrical systems, all to a standard consistent with a first class retail center, with the exception only of those repairs which are the obligation of the Agency Landlord pursuant to this Lease. Without limiting the generality of the foregoing, Tenant is specifically required to maintain and make repairs to (i) the portion of any pipes, lines, ducts, wires, or conduits contained within the Premises; (ii) windows, plate glass, doors, and any fixtures or appurtenances composed of glass (including, without limitation, interior and exterior washing of windows and plate glass and the installation of hurricane shutters as provided by the Landlord); (iii) Tenant's sign; (iv) any heating or air conditioning equipment serving the Premises ("HVAC") (which shall include, without limitation, a preventive maintenance HVAC service contract. Such service contract shall include, without limitation, preventive HVAC maintenance no less than quarterly); and (v) the Premises or the Retail Space when repairs to the same are necessitated by any act or omission of Tenant, or the failure of Tenant to perform its obligations under this Lease. All repair and maintenance performed by Tenant in the Premises shall be performed by contractors or workmen designated or approved by Landlord, which approval shall not be unreasonably withheld or delayed. At the expiration or earlier termination of the Term, Tenant shall surrender the Premises to Landlord in as good condition and repair as Tenant is required to maintain the Premises throughout the Term, reasonable wear and tear excepted. Tenant shall also furnish, maintain, and replace all electric light bulbs, tubes, and tube casings located within or serving the Premises and Tenant's signage, all at Tenant's sole cost and expense. 5.4 Aooroval of Tenant's Alterations. No alterations (including, without limitation, improvements, additions, or modifications to the Premises) shall be made by Tenant to the Premises without Landlord's prior written approval, which, as to exterior or structural alterations may be withheld in Landlord's sole discretion. Any alterations by Tenant shall be performed at the sole cost of Tenant, by contractors and workmen approved by Landlord, which approval shall not be unreasonably withheld or delayed, in a good and workmanlike manner, and in accordance with all applicable laws and regulations. 5.5 Removal of Improvements and Fixtures. All leasehold improvements and fixtures (other than unattached, movable trade fixtures which can be removed without damage to the Premises) shall at the expiration or earlier termination of this Lease become Landlord's property. Tenant may, during the Term, in the usual course of its business, remove its trade fixtures, provided that Tenant is not in default under this Lease; and Tenant shall, at the expiration or earlier termination of the Term, at its sole cost, remove such of the leasehold improvements (except for improvements installed by Landlord prior to the Commencement Date) and trade fixtures in the Premises as Landlord shall require to be removed and restore the Premises to the condition existing prior to such removal. Tenant shall at its own expense repair any damage caused to the Retail Space by such removal. If Tenant does not remove its trade fixtures at the expiration or earlier termination of the Term, the trade fixtures shall, at the option of Landlord, become the property of Landlord and may be removed from the Premises and sold or disposed of by Landlord in such manner as it deems advisable without any accounting to Tenant. 5.6 Liens. Tenant shall promptly pay for all materials supplied and work done in respect of the Premises by, through, or under Tenant so as to ensure that no lien is recorded against any portion of the Retail Space or against Landlord's or Tenant's interest therein. If a lien is so recorded, Tenant shall discharge it promptly by payment or bonding. If any such lien against the Retail Space or Landlord's interest therein is recorded and not discharged by Tenant as above required within fifteen (15) days following written notice to Tenant, Landlord shall have the right to remove such lien by bonding or payment and the cost thereof shall be paid immediately from Tenant to Landlord. Landlord and Tenant expressly agree and acknowledge that no interest of Landlord in the Premises or the Retail Space shall be subject to any lien for improvements made by Tenant in or for the Premises, and Landlord shall not be liable for any lien for any improvements made by Tenant, such liability 7 459 being expressly prohibited by the terms of this Lease. In accordance with applicable laws of the State of Florida, Landlord has filed in the public records of Dade County, Florida, a public notice containing a true and correct copy of this paragraph, and Tenant hereby agrees to inform all contractors and material suppliers performing work in or for or supplying materials to the Premises of the existence of said notice. 5.7 Utilities. Tenant shall pay to Landlord, or as Landlord directs, all gas, electricity, water, and other utility charges applicable to the Premises as separately metered. Tenant shall, at its own cost, install, maintain and repair, as required, its electrical meter for the Premises. In addition, Tenant's electrical equipment and lighting shall be restricted to that equipment and lighting which individually does not have a rated capacity and/or design load greater than the rated capacity and/or design load of the Retail Space. If Tenant's consumption of electrical services exceeds either the rated capacity and/or design load of the Retail Space, then Tenant shall remove the equipment and/or lighting to achieve compliance within ten (10) days after receiving written notice from Landlord, or such equipment and/or lighting may remain in the Premises, so long as (a) Tenant shall pay for all costs of installation and maintenance of submeters, wiring, air-conditioning, and other items required by Landlord, in Landlord's reasonable discretion, to accommodate Tenant's excess design loads and capacities; and (b) Tenant shall pay to Landlord, within thirty (30) days after rendition of a bill, the cost of the excess consumption of electrical service at the rates charged to Landlord by Florida Power & Light, which shall be in accordance with any applicable laws. ARTICLE VI. INSURANCE AND INDEMNITY. 6.1 Tenant's Insurance. Tenant shall, throughout the Term (and any other period when Tenant is in possession of the Premises), maintain at its sole cost the following insurance: (A) All risks property insurance, containing a waiver of subrogation rights which Tenant's insurers may have against Landlord and against those for whom Landlord is in law responsible including, without limitation, its directors, officers, agents, and employees, and (except with respect to Tenant's chattels) incorporating a standard New York mortgagee endorsement (without contribution). Such insurance shall insure property of every kind owned by Tenant in an amount not less than the full replacement cost thereof (new), with such cost to be adjusted no less than annually. Such policy shall include as additional insureds Landlord and its affiliates and any mortgagee of Landlord, the City, and any mortgagee of the Landlord in connection with a mortgage on the Facility. (B) Comprehensive general liability insurance. Such policy shall contain inclusive limits per occurrence of not less than the amount specified in the Lease Summary; provide for severability of interests; and include as additional insureds Landlord and its affiliates and any mortgagee of Landlord, the City, and any mortgagee of Landlord in connection with a mortgage on the Facility. (C) legal requirements. Worker's compensation and employer's liability insurance in compliance with applicable (D) Business interruption insurance, sufficient to insure Tenant for no less than one (1) full year of loss of business, with the Landlord named thereon as loss payee to the extent permitted by applicable law. (E) Any other form of insurance which Tenant or Landlord, acting reasonably, requires from time to time in form, in amounts, and for risks against which a prudent tenant would insure, but in any event not less than that carried by comparable retail establishments in Dade County, Florida. All policies referred to above shall: (i) be taken out with insurers licensed to do business in Florida and reasonably acceptable to Landlord; (ii) be in a form reasonably satisfactory to Landlord; (iii) be non-contributing with, and shall apply only as primary and not as excess to any other insurance available to Landlord or any mortgagee of Landlord; (iv) contain an undertaking by the insurers to notify Landlord by certified mail not less than thirty (30) days prior to any material change, cancellation, or termination, and (v) with respect to subsection (A), contain replacement cost, demolition cost, and increased cost of construction endorsements. Certificates of insurance on Landlord's standard form or, if required by a mortgagee, copies of such insurance 8 460 policies certified by an authorized officer of Tenant's insurer as being complete and current, shall be delivered to Landlord promptly upon request. If Tenant fails to take out or to keep in force any insurance referred to in this section 6.1, or should any such insurance not be approved by either Landlord or any mortgagee, and Tenant does not commence and continue to diligently cure such default within two (2) business days after written notice by Landlord to Tenant specifying the nature of such default, then Landlord has the right, without assuming any obligation in connection therewith, to effect such insurance at the sole cost of Tenant and all outlays by Landlord shall be paid by Tenant to Landlord as additional rent without prejudice to any other rights or remedies of Landlord under this Lease. Tenant shall not keep or use in the Premises any article which may be prohibited by any fire or casualty insurance policy in force from time to time covering the Premises or the Retail Space. Landlord represents that Tenant's permitted use doesn't violate any policy carried by the Landlord. 6.2 Loss or Damage. Tenant acknowledges that the Landlord will be performing any maintenance and repairs required of Landlord hereunder. Landlord shall not be liable for any death or injury arising from or out of any occurrence in, upon, at, or relating to the Retail Space or damage to property of Tenant or of others located on the Premises or elsewhere in the Retail Space, nor shall it be responsible for any loss of or damage to any property of Tenant or others from any cause, unless such death, injury, loss, or damage results from the gross negligence or willful misconduct of Landlord. Without limiting the generality of the foregoing, Landlord shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, falling ceiling tile, falling fixtures, steam, gas, electricity, water, rain, flood, or leaks from any part of the Premises or from the pipes, sprinklers, appliances, plumbing works, roof, windows, or subsurface of any floor or ceiling of the Retail Space or from the street or any other place or by dampness, or by any other cause whatsoever, unless resulting from the gross negligence or willful misconduct of Landlord. Tenant agrees to indemnify Landlord and hold it harmless from and against any and all loss (including loss of Minimum Rent and additional rent payable in respect to the Premises), claims, actions, damages, liability, and expense of any kind whatsoever (including attorneys' fees and costs at all tribunal levels), unless caused by the gross negligence or willful misconduct of Landlord, arising from any occurrence in, upon, or at the Premises, or the occupancy, use, or improvement by Tenant or its agents or invitees of the Premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant its agents, employees, and invitees or by anyone permitted to be on the Premises by Tenant. 6.3 Waiver of Subrogation. Landlord and Tenant each hereby waives on behalf of itself and its insurers (none of which shall ever be assigned any such claim or be entitled thereto due to subrogation or otherwise) any and all rights of recovery, claim, action, or cause of action, against the other, its agents, officers, or employees, for any loss or damage that may occur to the Premises, or any improvements thereto or the Retail Space, or any improvements thereto, or any personal property of such party therein, by reason of fire, the elements, or any other causes which are, or could or should be insured against under the terms of the standard fire and extended coverage insurance policies referred to in this Lease, regardless of whether such insurance is actually maintained and regardless of the cause or origin of the damage involved, including negligence of the other party hereto, its agents, officers, or employees. Landlord and Tenant shall each obtain from their respective insurers, under all policies of fire, theft, public liability, worker's compensation, and other insurance maintained by either of them at any time during the term hereof insuring or covering the Retail Space or any portion thereof or operations therein, a waiver of all rights of subrogation which the insurer of one party might have against the other party, and Landlord and Tenant shall each indemnify, defend, and hold harmless the other against any loss or expense, including reasonable attorneys' fees (appellate or otherwise) resulting from the failure to obtain such waiver. ARTICLE VII. DAMAGE AND DESTRUCTION. 7.1 Damage to Premises. Tenant acknowledges that if the Premises are partially or totally destroyed due to fire or other casualty, any repairs to or rebuilding of the damaged portions of the Retail Space will be performed by Landlord and in any event only to the extent that Landlord is required to repair or rebuild the Retail Space. If Landlord repairs or rebuilds, Minimum Rent shall abate proportionately to the portion of the Premises, if any, rendered untenantable from the date of destruction or damage until the repairs have been substantially completed. Upon being notified that the repairs have been substantially completed, Tenant shall diligently perform all other work required to fully restore the Premises for use in Tenant's business, in every case at Tenant's cost and without any contribution to such cost by Landlord, whether or not Landlord has at any time made any 9 461 contribution to the cost of supply, installation, or construction of leasehold improvements in the Premises. Tenant agrees that during any period of reconstruction or repair of the Premises, it will continue the operation of its business within the Premises to the extent practicable. If all or any part of the Premises shall be damaged by fire or other casualty and the fire or other casualty is caused by the fault or neglect of Tenant or Tenant's agents, guest, or invitees, rent and all other charges shall not abate. 7.2 Termination for Damage. Notwithstanding section 7.1, if damage or destruction which has occurred to the Premises or the Retail Space is such that in the reasonable opinion of Landlord such reconstruction or repair cannot be completed within one hundred twenty (120) days of the happening of the damage or destruction, Landlord may, at its option, terminate this Lease on notice to Tenant given within thirty (30) days after such damage or destruction and Tenant shall immediately deliver vacant possession of the Premises in accordance with the terms of this Lease. In addition, if Landlord undertakes the reconstruction or repair, and does not complete same within nine (9) months after the date of the fire or other casualty (subject to the time required to prepare plans for reconstruction, to obtain building permits, to receive distribution of insurance proceeds, and to complete the likely contract bidding process and all other relevant factors, but not to exceed an additional ninety (90) days), then Tenant shall have the right to terminate this Lease by written notice to Landlord delivered within thirty (30) days after the expiration of such nine (9) month period (or as extended), whereupon both parties shall be relieved of all further obligations hereunder, except as otherwise expressly set forth herein. ARTICLE VIII. ASSIGNMENT. LEASES. AND TRANSFERS. 8.1 Transfer by Tenant. Tenant shall not enter into, consent to, or permit any Transfer, as hereinafter defined, without the prior written consent of Landlord in each instance, which consent may not be unreasonably withheld. For purposes of this Lease, "Transfer" means an assignment of this Lease in whole or in part; a sublease of all or any part of the Premises; any transaction whereby the rights of Tenant under this Lease or to the Premises are transferred to another; any mortgage or encumbrance of this Lease or the Premises or any part thereof or other arrangement under which either this Lease or the Premises become security for any indebtedness or other obligations; and if Tenant is a corporation or a partnership, the transfer of a controlling interest in the stock of the corporation or partnership interests, as applicable. If there is a permitted Transfer, Landlord may collect rent or other payments from the transferee and apply the net amount collected to the rent or other payments required to be paid pursuant to this Lease but no acceptance by Landlord of any payments by a transferee shall be deemed a waiver of any provisions hereof regarding Tenant. Notwithstanding any Transfer, Tenant shall not be released from any of its obligations under this Lease. Landlord's consent to any Transfer shall be subject to the further condition that if the Minimum Rent and additional rent pursuant to such Transfer exceeds the Minimum Rent and additional rent payable under this Lease, the amount of such excess shall be paid to Landlord. If, pursuant to a permitted Transfer, Tenant receives from the transferee, either directly or indirectly, any consideration other than Minimum Rent and additional rent for such Transfer, either in the form of cash, goods, or services, Tenant shall, upon receipt thereof, pay to Landlord an amount equivalent to such consideration. ARTICLE IX. DEFAULT. 9.1 Defaults. A default by Tenant shall be deemed to have occurred hereunder, if and whenever: {i) any Minimum Rent is not paid when due whether or not any notice or demand for payment has been made by Landlord; (ii) any other additional rent is in arrears and is not paid within five (5) days after written demand by Landlord; (iii) Tenant has breached any of its obligations in this Lease (other than the payment of rent) and Tenant fails to remedy such breach within thirty (30) days (or such shorter period as may be provided in this Lease), or if such breach cannot reasonably be remedied within thirty (30) days (or such shorter period), then if Tenant fails to immediately commence to remedy and thereafter proceed diligently to remedy such breach, in each case after notice in writing from Landlord; (iv) Tenant becomes bankrupt or insolvent; (v) any of Landlord's policies of insurance with respect to the Retail Space are canceled or adversely changed as a result of Tenant's use or 10 462 occupancy of the Premises; or (vi) the business operated by Tenant in the Premises shall be closed by governmental or court order for any reason. 9.2 Remedies. In the event of any default hereunder by Tenant, then without prejudice to any other rights which it has pursuant to this Lease or at law or in equity, Landlord shall have the following rights and remedies, which are cumulative and not alternative: (A) Landlord may cancel this Lease by notice to Tenant and retake possession of the Premises for Landlord's account, or may terminate Tenant's right to possession of the Premises without terminating this Lease. In either event, Tenant shall then quit and surrender the Premises to Landlord. If Landlord terminates Tenant's right to possession of the Premises without terminating this Lease, Tenant's liability under all of the provisions of this Lease shall continue notwithstanding any expiration and surrender, or any re-entry, repossession, or disposition hereunder. (B) Landlord may enter the Premises as agent of Tenant to take possession of any property of Tenant on the Premises, to store such property at the expense and risk of Tenant or to sell or otherwise dispose of such property in such manner as Landlord may see fit without notice to Tenant. Re-entry and removal may be effectuated by summary dispossess proceedings, by any suitable action or proceeding, or otherwise. Landlord shall not be liable in any way in connection with its actions pursuant to this section, to the extent that its actions are in accordance with law. (C) If Landlord terminates Tenant's right to possession of the Premises without terminating this Lease under subsection (A) above, Tenant shall remain liable (in addition to accrued liabilities) to the extent legally permissible for all rent and all of the charges Tenant would have been required to pay until the date this Lease would have expired had such cancellation not occurred. Tenant's liability for rent shall continue notwithstanding re-entry or repossession of the Premises by Landlord. In addition to the foregoing, Tenant shall pay to Landlord such sums as the court which has jurisdiction thereover may adjudge as reasonable attorneys' fees with respect to any successful lawsuit or action instituted by Landlord to enforce the provisions of this Lease. (D) Landlord may relet all or any part of the Premises for all or any part of the unexpired portion of the Term of this Lease or for any longer period, and may accept any rent then attainable; grant any concessions of rent, and agree to paint or make any special repairs, alterations, and decorations for any new tenant as it may deem advisable in its sole and absolute discretion. Landlord shall be under no obligation to relet or to attempt to relet the Premises, except as expressly set forth below. (E) If Landlord terminates Tenant's right to possession of the Premises without terminating this Lease under subsection (A) above, and Landlord so elects, the rent hereunder shall be accelerated and Tenant shall pay Landlord damages in the amount of any and all sums which would have been due for the remainder of the Term (reduced to present value using a discount factor equal to the stated prime lending rate on the date of Tenant's default by Landlord's then existing mortgagee or, if there is no mortgagee, by Citibank, N.A., New York). Prior to or following payment in full by Tenant of such discounted sum promptly upon demand, Landlord shall use good faith efforts to relet the Premises. If Landlord receives consideration as a result of a reletting of the Premises relating to the same time period for which Tenant has paid accelerated rent, such consideration actually received by Landlord, less any and all of Landlord 's cost of repairs, alterations, additions, redecorating, and other expenses in connection with such reletting of the Premises, shall be a credit against such discounted sum, and such discounted sum shall be reduced if not yet paid by Tenant as called for herein, or if Tenant has paid such discounted sum, such credited amount shall be repaid to Tenant by Landlord (provided said credit shall not exceed the accelerated amount). (F) Landlord may remedy or attempt to remedy any default of Tenant under this Lease for the account of Tenant and to enter upon the Premises for such purposes. No notice of Landlord's intention to perform such covenants need be given Tenant unless expressly required by this Lease. Landlord shall not be liable to Tenant for any loss or damage caused by the reasonable acts of Landlord in remedying or attempting to remedy such default and Tenant shall pay to Landlord all expenses incurred by Landlord in connection with remedying or attempting to remedy such default. Any expenses incurred by Landlord shall accrue interest from the date of payment by Landlord until repaid by Tenant at the highest rate permitted by law. 11 463 9.3 Costs. Tenant shall pay to Landlord on demand all costs incurred by Landlord, including attorneys' fees and costs at all tribunal levels, incurred by Landlord in enforcing any of the obligations of Tenant under this Lease. In addition, upon any default by Tenant, Tenant shall be also liable to Landlord for the expenses to which Landlord may be put in re-entering the Premises; repossessing the Premises; painting, altering, or dividing the Premises; combining the Premises with an adjacent space for any new tenant; putting the Premises in proper repair; protecting and preserving the Premises by placing watchmen and caretakers therein; reletting the Premises (including attorneys' fees and disbursements, marshall's fees, and brokerage fees, in so doing); and any other expenses reasonably incurred by Landlord. 9.4 Additional Remedies: Waiver. The rights and remedies of Landlord set forth herein shall be in addition to any other right and remedy now and hereinafter provided by law. All rights and remedies shall be cumulative and non-exclusive of each other. No delay or omission by Landlord in exercising a right or remedy shall exhaust or impair the same or constitute a waiver of, or acquiescence to, a default. 9.5 Default by Landlord. In the event of any default by Landlord, Tenant's exclusive remedy shall be an action for damages or injunction, but prior to any such action Tenant will give Landlord written notice specifying such default with particularity, and Landlord shall have a period of thirty (30) days following the date of such notice in which to cure such default (provided, however, that if such default reasonably requires more than thirty (30) days to cure, Landlord shall have a reasonable time to cure such default, provided Landlord commences to cure within such thirty (30) day period and thereafter diligently prosecutes such cure to completion). Notwithstanding any provision of this Lease, Landlord shall not at any time have any personal liability under this Lease. In the event of any breach or default by Landlord of any term or provision of this Lease, Tenant agrees to look solely to the equity or interest then-owned by Landlord in the Retail Space, and in no event shall any deficiency judgment be sought or obtained against Landlord. It is expressly understood that the obligations of Landlord under this Lease are solely corporate obligations, and that, except for conversion, fraud, or willful misconduct, no personal liability will attach to, or is or shall be incurred by, the incorporators, stockholders, officers, directors, or employees, as such, of the Landlord, or of any successor corporation, or any of them, under or by reason of the obligations, covenants, or agreements of Landlord contained in this Lease or implied therefrom; and, except for conversion, fraud, or willful misconduct, that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder, officer, director, or employee, as such, or under or by reason of the obligations, covenants or agreements contained in this Lease or implied therefrom are expressly waived and released as a condition of, and as a consideration for, the execution of this Lease. ARTICLE X. ESTOPPEL CERTIFICATE: SUBORDINATION. 10.1 Estoppel Certificate. Within ten (1 0) days after written request by Landlord, Tenant shall deliver in a form supplied by Landlord, an estoppel certificate to Landlord as to the status of this Lease, including whether this Lease is unmodified and in full force and effect (or, if there have been modifications, that this Lease is in full force and effect as modified and identifying the modification agreements); the amount of Minimum Rent and additional rent then being paid and the dates to which same have been paid; whether or not there is any existing or alleged default by either party with respect to which a notice of default has been served, or any facts exist which, with the passing of time or giving of notice, would constitute a default and, if there is any such default or facts, specifying the nature and extent thereof; and any other matters pertaining to this Lease as to which Landlord shall request such certificate. Landlord, and any prospective purchaser, lender, or ground lessor shall have the right to rely on such certificate. 10.2 Subordination: Attornment. This Lease and all rights of Tenant shall be subject and subordinate to any and all mortgages, security agreements, or like instruments resulting from any financing, refinancing, or collateral financing (including renewals or extensions thereof), and to any and all ground leases, made or arranged by Landlord of its interests in all or any part of the Retail Space, from time to time in existence against the Retail Space, whether now existing or hereafter created. Such subordination shall not require any further instrument to evidence such subordination. However, on request, Tenant shall further evidence its agreement to subordinate this Lease and its rights under this Lease to any and all documents and to all advances made under such 12 464 documents. The form of such subordination shall be made as required by Landlord, its lender, ground lessor, the City. Tenant shall, if requested by Landlord, or a mortgagee, owner, or purchaser, or by any person succeeding to the interest of such mortgagee, owner, or purchaser, as the result of the enforcement of the remedies provided by law or the applicable instrument held by Landlord, such mortgagee, owner, or purchaser, automatically attorn to and become the tenant of Landlord or any such mortgagee, owner, purchaser, or successor-in-interest, without any change in the terms or other provisions of this Lease; provided, however, that Landlord, said mortgagee, owner, purchaser, or successor shall not be bound by (a) any payment of rent or additional rent for more than one (1) month in advance, or (b) any security deposit or the like not actually received by Landlord, such mortgagee, owner, or purchaser, or successor, or (c) any amendment or modification in this Lease made without the consent of Landlord, such mortgagee, owner, purchaser, or successor, or (d) any construction obligation, free rent, or other concession or monetary allowance, or (e) any set-off, counterclaim, or the like otherwise available against Landlord, or (f) any act or omission of any prior landlord (including Landlord). Upon request by Landlord, said mortgagee, owner, or purchaser, or successor, Tenant shall execute and deliver an instrument or instruments confirming its attornment. Notwithstanding the foregoing, any such subordination of this Lease shall be conditioned on the Landlord obtaining a nondisturbance agreement in favor of Tenant from all mortgagees and ground lessors regarding any financings or overleases entered into by Landlord with respect to the Retail Space, and no subordination shall be effective without a corresponding nondisturbance agreement. ARTICLE XI. CONTROL OF RETAIL SPACE BY LANDLORD. 11.1 Use and Maintenance of Common Areas. Tenant and those doing business with Tenant for purposes associated with Tenant's business on the Premises, shall have a non-exclusive license to use the common areas for their intended purposes during normal business hours in common with others entitled thereto and subject to any rules and regulations imposed by Landlord. Landlord shall use reasonable efforts to keep the common areas in good repair and condition and shall clean the common areas when necessary. Tenant acknowledges that any common areas of the Retail Space shall at all times be under the exclusive control and management of Landlord. For purposes of this Lease, "common areas" shall mean those areas, facilities, utilities, improvements, equipment, and installations of the Retail Space which serve or are for the benefit of tenants of more than one component of the Retail Space and which are not designated or intended by Landlord to be leased, from time to time, or which are provided or designated from time to time by Landlord and/or the City for the benefit or use of all tenants in the Retail Space, their employees, customers, and invitees, in common with others entitled to the use or benefit of same. Tenant acknowledges that the Garage portion of the Facility is not a part of the Retail Space, and that Tenant has no right or license to use the Garage pursuant to this Lease. Any use by Tenant or its invitees of the Garage is subject to the rules and regulations in connection therewith imposed by Landlord (or successor owner) and/or the operator of the Garage. No portion of the garage is under Landlord's control or supervision, and Landlord shall not be liable for any damage to automobiles of any nature whatsoever to, or any theft of, automobiles or other vehicles or the contents thereof, while in or about the Garage. 11.2 Alterations by Landlord. Landlord and/or the City may (but shall not be obligated to) (i) alter, add to, subtract from, construct improvements on, re-arrange, and construct additional facilities in, adjoining, or proximate to the Retail Space; (ii) relocate the facilities and improvements in or comprising the Retail Space or erected on the Land; (iii) do such things on or in the Retail Space as required to comply with any laws, by-laws, regulations, orders, or directives affecting the Land or any part of the Retail Space; and (iv) do such other things on or in the Retail Space as Landlord and/or the City, in the use of good business judgment determines to be advisable, provided that notwithstanding anything contained in this section 11.2, access to the Premises shall be available at all times. Landlord shall not be in breach of its covenants for quiet enjoyment or liable for any loss, costs, or damages, whether direct or indirect, incurred by Tenant due to any of the foregoing; provided, Landlord shall exercise its rights under this section in a manner so as to minimize any disruption or interference with the operation of Tenant's business and property. 13 465 ARTICLE XII. CONDEMNATION. 12.1 Total or Partial Taking. If the whole of the Premises, or such portion thereof as will make the Premises unusable for the purposes leased hereunder, shall be taken by any public authority under the power of eminent domain or sold to public authority under threat or in lieu of such taking, the Term shall cease as of the day possession or title shall be taken by such public authority, whichever is earlier ("Taking Date"), whereupon the rent and all other charges shall be paid up to the Taking Date with a proportionate refund by Landlord of any rent and all other charges paid for a period subsequent to the Taking Date. If less than the whole of the Premises, or less than such portion thereof as will make the Premises unusable for the purposes leased hereunder, the Term shall cease only as to the part so taken as of the Taking Date, and Tenant shall pay rent and other charges up to the Taking Date, with appropriate credit by Landlord (toward the next installment of rent due from Tenant) of any rent or charges paid for a period subsequent to the Taking Date. Minimum Rent and other charges payable to Landlord shall be reduced in proportion to the amount of the Premises taken. 12.2 Award. All compensation awarded or paid upon a total or partial taking of the Premises or Retail Space including the value of the leasehold estate created hereby shall belong to and be the property of Landlord without any participation by Tenant; Tenant shall have no claim to any such award based on Tenant's leasehold interest. However, nothing contained herein shall be construed to preclude Tenant, at its cost, from independently prosecuting any claim directly against the condemning authority in such condemnation proceeding for damage to, or cost of removal of, stock, trade fixtures, furniture, and other personal property belonging to Tenant and for Tenant's moving expenses; provided, however, that no such claim shall diminish or otherwise adversely affect Landlord's award or the award of any mortgagee. ARTICLE XIII. PROMOTION. 13.1 Promotional Fund: Merchants' Association. Intentionally Omitted. ARTICLE XIV. GENERAL PROVISIONS. 14.1 Delay. Whenever a period of time is herein prescribed for the taking of any action by Landlord or Tenant, as applicable, Landlord or Tenant, as applicable, shall not be liable or responsible for, and there shall be excluded from the computation of such period of time, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, or governmental laws, regulations, or restrictions in the nature of a prohibition or moratorium, or any bona fide delay beyond the reasonable control of Landlord or Tenant, as applicable. The foregoing shall not apply to any payments of money due under this Lease. 14.2 Holding Over. If Tenant remains in possession of the Premises after the end of the Term without having executed and delivered a new lease or an agreement extending the Term, there shall be no tacit renewal of this Lease or the Term, and Tenant shall be deemed to be occupying the Premises as a Tenant from month to month at a monthly Minimum Rent payable in advance on the first day of each month equal to twice the monthly amount of Minimum Rent payable during the last month of the Term, and otherwise upon the same terms as are set forth in this Lease, so far as they are applicable to a monthly tenancy. 14.3 Waiver: Partial Invalidity. If Landlord excuses or condones any default by Tenant of any obligation under this Lease, this shall not be a waiver of such obligation in respect of any continuing or subsequent default and no such waiver shall be implied. All of the provisions of this Lease are to be construed as covenants even though not expressed as such. If any provision of this Lease is held or rendered illegal or unenforceable it shall be considered separate and severable from this Lease and the remaining provisions of this Lease shall remain in force and bind the parties as though the illegal or unenforceable provision had never been included in this Lease. 14.4 Recording. Neither Tenant nor anyone claiming under Tenant shall record this Lease or any memorandum hereof in any public records without the prior written consent of Landlord. 14.5 Notices. Any notice, consent, or other instrument required or permitted to be given under this Lease shall be in writing and shall be delivered in person, or sent by certified mail, return receipt requested, or 14 466 overnight express mail courier, postage prepaid, addressed (i) if to Landlord, at the address set forth in the Lease Summary; and (ii) if to Tenant, at the Premises or, prior to Tenant's occupancy of the Premises, at the address set forth on the Lease Summary, with a copy to Training Camp, Inc. at 25 West 451h Street, New York, NY 10036. Any such notice or other instruments shall be deemed to have been given and received on the day upon which personal delivery is made or, if mailed, then forty-eight (48) hours following the date of mailing. Either party may give notice to the other of any change of address and after the giving of such notice, the address therein specified is deemed to be the address of such party for the giving of notices. If postal service is interrupted or substantially delayed, all notices or other instruments shall be delivered in person or by overnight express mail courier. 14.6 Successors; Joint and Several Liability. The rights and liabilities created by this Lease extend to and bind the successors and assigns of Landlord and the heirs, executors, administrators, and permitted successors and assigns of Tenant. No rights, however, shall inure to the benefit of any transferee unless such Transfer complies with the provisions of Article VIII. If there is at any time more than one Tenant or more than one person constituting Tenant, their covenants shall be considered to be joint and several and shall apply to each and every one of them. 14.7 Captions and Section Numbers. The captions, section numbers, article numbers, and table of contents appearing in this Lease are inserted only as a matter of convenience and in no way affect the substance of this Lease. 14.8 Extended Meanings. The words "hereof," "hereto," "hereunder," and similar expressions used in this Lease relate to the whole of this Lease and not only to the provisions in which such expressions appear. This Lease shall be read with all changes in number and gender as may be appropriate or required by the context. Any reference to Tenant includes, when the context allows, the employees, agents, invitees, and licensees of Tenant and all others over whom Tenant might reasonably be expected to exercise control. This Lease has been fully reviewed and negotiated by each party and their counsel and shall not be more strictly construed against either party. 14.9 Entire Agreement: Governing Law: Time. This Lease and the Exhibits and Riders, if any, attached hereto are incorporated herein and set forth the entire agreement between Landlord and Tenant concerning the Premises and there are no other agreements or understandings between them. This Lease and its Exhibits and Riders may not be modified except by agreement in writing executed by Landlord and Tenant. This Lease shall be construed in accordance with and governed by the laws of the State of Florida. Time is of the essence of this Lease. 14.10 No Partnership. The parties hereby acknowledge that it is not their intention under this Lease to create between themselves a partnership, joint venture, tenancy-in-common, joint tenancy, co-ownership, or agency relationship. Accordingly, notwithstanding any expressions or provisions contained herein, nothing in this Lease, whether based on the calculation of rental or otherwise, shall be construed or deemed to create, or to express an intent to create, a partnership, joint venture, tenancy-in-common, joint tenancy, co-ownership or agency relationship of any kind or nature whatsoever between the parties hereto. The provisions of this section shall survive expiration of the Term. 14.11 Quiet Enjoyment. If Tenant pays rent and other charges and fully observes and performs all of its obligations under this Lease, Tenant shall be entitled to peaceful and quiet enjoyment of the Premises for the Term without interruption or interference by Landlord or any person claiming through Landlord. 14.12 Brokerage. Landlord and Tenant each represent and warrant one to the other that except as set forth in the Lease Summary, neither of them has employed any broker in connection with the negotiations of the terms of this Lease or the execution thereof. Landlord and Tenant hereby agree to indemnify and to hold each other harmless against any loss, expense, or liability with respect to any claims for commissions or brokerage fees arising from or out of any breach of the foregoing representation and warranty. Landlord recognizes the broker(s) specified in the Lease Summary as the sole broker(s) with whom Landlord has dealt in this transaction and agrees to pay any commissions determined to be due said broker(s). 15 467 14.13 Radon Notice. Chapter 88-285, Laws of Florida, requires the following notice to be provided with respect to the contract for sale and purchase of any building, or a rental agreement for any building: "RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 14.14 Execution. This Lease has been submitted for discussion purposes only and shall not be deemed an offer by either party to the other to enter into this Lease unless and until this Lease shall have been executed by both parties, indicating their acceptance of the terms and conditions contained herein. 14.15 TRIAL BY JURY. LANDLORD AND TENANT EACH HEREBY WAIVES ITS RIGHT TO A JURY TRIAL OF ANY ISSUE OR CONTROVERSY ARISING UNDER THIS LEASE. 16 468 EXECUTED as of the day and year first above written. ATTEST: SECRETARY ATTEST: (Print Name) LANDLORD: MIAMI BEACH REDEVELOPMENT AGENCY, a public body corporate and politic By: __________________ _ CHAIRMAN TENANT: MR. R SPORTS, INC. By: __________________ _ 17 469 EXHIBIT"A" Legal Description Lots 8, 9, 10, 11, 12 and 13, Block 57, Fisher's First Subdivision of Alton Beach, according to the Plat thereof, as recorded in Plat Book 2, Page 77 of the Public Records of Dade County, Florida, together with all of 16th Street (Avenue "C"), less and except the following described parcel: BEGINNING at the Southwest corner of Block 54 of said Fisher's First Subdivision of Alton Beach Plat; thence North 88° 0' 53" East along the South line of said Block 54, a distance of 443.08 feet, to the Southeast corner of said Block 54; thence South 07° 35' 04" West, a distance of 96.26 feet, to a point of cusp with a tangent curve concave to the Southwest; thence along the arc of said curve to the left, having a radius of 25.00 feet and a central angel of 90° 00' 00'', an arc distance of 39.27 feet, to a point of tangency; thence North 82° 24' 52" West, a distance of 24.75 feet; thence South 88° 00' 53" West along a line 8.00 feet North of and parallel with, as measured at right angles to the North line of Block 57 of said plat, a distance of 382.18 feet to a point on the Easterly Right-of-Way line of Washington Avenue; thence North 01 o 59' 11" West along said Easterly Right-of-Way line, a distance of 62.00 feet to the Southwest corner of said Block 54 and the Point of beginning. Said lands lying and being in the City of Miami Beach and containing 65,910 square feet (1.5131 Acres) more or less. Lease Agreement-Mr R Sports 4-26-12.doc 470 EXHIBIT"B" Site Plan of Retail Space and Location of Premises -TO BE INSERTED PRIOR TO EXECUTION - 471 EXHIBIT"C" RULES AND REGULATIONS 1. Securitv. Landlord may from time to time adopt appropriate systems and procedures for the security or safety of the Retail Space, any persons occupying, using, or entering the same, or any equipment, furnishings, or contents thereof, and Tenant shall comply with Landlord's reasonable requirements relative thereto. 2. Return of Keys. At the end of the Term, Tenant shall promptly return to Landlord all keys for the Retail Space and Premises which are in the possession of Tenant. In the event any Tenant fails to return keys, Landlord may retain $100.00 of Tenant's security deposit for locksmith work and administration. 3. Repair. Maintenance. Alterations. and Improvements. Tenant shall carry out Tenant's repair, maintenance, alterations, and improvements in the Premises only during times agreed to in advance by Landlord and in a manner which will not interfere with the rights of other Tenant's in the Retail Space. 4. Water Fixtures. Tenant shall not use water fixtures for any purpose for which they are not intended, nor shall water be wasted by tampering with such fixtures. Any cost or damage resulting from such misuse by Tenant shall be paid for by Tenant. 5. Personal Use of Premises. The Premises shall not be used or permitted to be used for residential, lodging, or sleeping purposes or for the storage of personal effects or property not required for business purposes. 6. Heavy Articles. Tenant shall not place in or move about the Premises without Landlord's prior written consent any safe or other heavy article which in Landlord's reasonable opinion may damage the Premises, and Landlord may designate the location of any such heavy articles in the Premises. 7. Bicycles. Animals. Tenant shall not bring any animals or birds into the Retail Space, and shall not permit bicycles or other vehicles inside or on the sidewalks outside the Retail Space except in areas designated from time to time by Landlord for such purposes. 8. Deliveries. Tenant shall ensure that deliveries of supplies, fixtures, equipment, furnishings, wares, and merchandise to the Premises are made through such entrances, elevators, and corridors and at such times as may from time to time be designated by Landlord, and shall promptly pay or cause to be paid to Landlord the cost of repairing any damage in the Retail Space caused by any person making improper deliveries. 9. Solicitations. Landlord reserves the right to restrict or prohibit canvassing, soliciting, or peddling in the Retail Space. 10. Food and Beverages. Only persons approved from time to time by Landlord may prepare, solicit orders for, sell, serve, or distribute foods or beverages in the Retail Space, or use the common areas for any such purpose. Except with Landlord's prior written consent and in accordance with arrangements approved by Landlord, Tenant shall not permit on the Premises the use of equipment for dispensing food or beverages or for the preparation, solicitation of orders for, sale, serving, or distribution of food or beverages. 11. Refuse. Tenant shall place all refuse in proper receptacles provided by Tenant at its expense in the Premises or in receptacles (if any) provided by Landlord for the Retail Space, and shall keep sidewalks and driveways outside the Retail Space, and lobbies, corridors, stairwells, ducts, and shafts of the Retail Space, free of all refuse. 12. Obstructions. Tenant shall not obstruct or place anything in or on the sidewalks or driveways outside the Retail Space or in the lobbies, corridors, stairwells, or other common areas, or use such locations for any purpose except access to and exit from the Premises without Landlord's prior written consent. Landlord may 472 remove at Tenant's expense any such obstruction or thing caused or placed by Tenant (and unauthorized by Landlord) without notice or obligation to Tenant. 13. Proper Conduct. Tenant shall not conduct itself in any manner which is inconsistent with the character of the Retail Space as a first quality retail center or which will impair the comfort and convenience of other Tenant's in the Retail Space. 14. Employees. Agents, and Invitees. In these Rules and Regulations, "Tenant" includes the employees, agents, invitees, and licensees of Tenant and others permitted by Tenant to use or occupy the Premises. 15. Pest Control. In order to maintain satisfactory and uniform pest control throughout the Retail Space, Tenant shall engage for its own Premises and at its sole cost, a qualified pest extermination contractor either designated or approved by Landlord, who shall perform pest control and extermination services in the Premises at such intervals as reasonably required or as may be directed by Landlord. 473 EXHIBIT"D" Prohibited Uses 1 In no event may the primary business at the Premises engage in the sale of food, alcoholic and non- alcoholic beverage items. 2. In no event may the primary business at the Premises be the sale of (i) motorcycle-related clothing and accessories or (ii) clothing sold under the following brand names: Dolce & Gabbana; Versace Jeans Couture; B.C.B.G.; Diesel; Replay; Polo Sport; Polo Jeans; and Ralph Lauren; and shoes sold under the following brand names: Charles David; Calvin Klein; Kenneth Cole; SoHo Shoes; Via Spiga; and Milano. 3. In no event may the primary business at the Premises engage in the sale of custom or designer jewelry. 4 .. In no event may the primary business at the Premises engage in the sale of tour and travel related services, including but not limited to, the sale of airline, cruise or train tickets. 5 .. In no event may the primary business at the Premises engage in the sale of prepared food, alcoholic and non-alcoholic beverages. 474 EXHIBIT"E" Landlord's Signage Criteria -TO BE INSERTED PRIOR TO EXECUTION - F:\RHCD\$ALL\ECON\$ALL\RDA\Anchor_Ret\Mr R Nike Store\Lease Agreemeo.t r Mr R Sports 4-26-12.doc 475 THIS PAGE INTENTIONALLY LEFT BLANK 476