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C6E-Report- Finance And Citywide Projects Committee Meeting On June 28 2012C9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beech, Florida 33139, www.miamibeachfl.gov COMMITTEE MEMORANDUM TO: FROM: DATE: Mayor Matti Herrera Bower and Members of the City Commission Interim City Manager Kathie G. Brooks /.cA • .. July18,2012 · SUBJECT: REPORT OF THE FINANCE AND MEETING OF June 28, 2012. OLD BUSINESS 1. Discussion rega acceptance of gifts, ACTION The Committee Citywide Proj Commission M' lines for to the Finance and September 12, 2012 .. referred this matter for discussion to Comm . The item referred for discussion issue of potential amendments to the City Code ed to the City's Officers and Employees, below fair m ness with the City or from a lobbyist. At the September . · ... Committee meeting City Attorney Jose Smith advised Committee m · · unty's Commission on Ethics was reviewing the issue of complimentary ; the Committee recommended that the matter be monitored and a provided to the Committee. The discussion on a ticket distribution policy from an initial investigation by the Miami-Dade Commission on Ethics and Public Trust (COE) and State Attorney's Office (SAO) in response to a complaint by the New World Symphony (NWS) about the inclusion of a complimentary ticket program as part of the negotiations of proposed revisions to the "public benefit" section of the NWS's lease with the City for the NWS use of public land. In 1992 the Florida Commission on Ethics issued its Opinion No. 92-33, holding that City of Miami Beach elected officials could legally accept complimentary tickets from the City (obtained via negotiated 'public benefit' clauses in City contracts) to performances taking place at City-owned venues, subject only to the requirement that public disclosure of such ticket receipt be made by the recipient/Officials on quarterly gift disclosure forms. In reliance upon the opinion of the State Ethics Commission, the City of Miami Beach adopted its Resolution No. 93-20694, in which the City Commission formally established 157 Agenda Item CrtJ!E Date "J.-If-1 L a procedure for the City's distribution of its tickets to performances taking place at City- owned venues, whereby designated municipal officials and deserving members of the community would receive complimentary tickets to such productions. A complimentary ticket program has been negotiated as part of resulting public benefits programs for other venues with management and/or lease agreements, including the Miami City Ballet and Byron Carlyle Theater. Based on this longstanding City policy and State Commission on Ethics opinion, the SAO closed its case on October 18, 2011, with a finding of no wrongdoing, but referred the matter to the COE for further review on the policy elements of the issue. On March 1, 2012, the COE released a DRAFT "Guidelines and recommendations regarding 'public benefit' clauses in certain government contracts. The focus of the guidelines was on complimentary ticket programs in those public benefits clauses, and what they perceived to be "flawed" policies by several municipalities related to such. The Attorney's Office reviewed the COE's recommended guidelines and on 28, 2012 submitted a Memorandum of Law to the COE addressing the by their guidelines, and challenging the authority of the COE to issue s idelines. It is the opinion of the City Attorney that these are matters of · .· ·. .. not subject to review by the COE. . Assistant City Manager Hilda Fernandez .t:m:,:ser current ticket distribution policy. Discussion:;r~n:sueld ained the City's added that he what is and . resolution felt that only the County Commission or the what is not a "public benefit" should the City Commission concerned that the guidelines contradicted each other. missioner Jorge ito was the proposed City resolution Jamesu~a that the language defining a "public benefit" in the oroaeisea Ms. Fernandez a single/performance ru~o;:cnt•ng members of the at assist in promoting and stated that City entitled · event and that ning ti community, 1 marketing the and/or entities distri agreement with the City or to persons ons to the community; and 15% nrn·v~~.::wAr:rlnnition Program. Ms. Fernandez ltl · · committee would review and nizatiort~f~Tidtor groups eligible to receive tickets and Commission. Chairperson Weithorn expressed asked what happened to tickets that were not which are not picked up would be given to Employee Recognition Program. City Attorney Smith ners make note of the how tickets were used using the in an addendum by the COE. Chairperson Weith the floor to public comment. Miami Beach Resident Frank Del Vecchio suggested reducing the administrative burden by following the City's 1993 resolution, keeping the disclosure requirements but removing the distribution policy and adopting guidelines which reference the guidelines of the CO E. City Attorney Smith stated that there were other reasons that the 1993 resolution needed to be updated and that he would go over them with Mr. Del Vecchio. City Manager Jorge Gonzalez asked what the COE expected the City to do. City Attorney Smith stated that the COE said that if the City does not follow their guidelines the City could be subject to an ethics complaint. The Committee recommended that the item be brought back to the Finance and Citywide Projects Committee and then brought to the September 12, 2012 Commission Meeting. 158 NEW BUSINESS 2. Status Report from the engineering company assigned to do the City's Citywide Stormwater Master Plan ACTION The Committee recommended that the item be brought back to the August Finance & Citywide Projects Committee meeting and that a special meeting be set up for the Public Works Director and the public to discuss technical issues with the Stormwater Master Plan. Public Works Director Fred Beckmann presented Jason Johnson of Camp Dresser & McKee (C master planning for a number of cities includi and went on to introduce at has provided stormwater nice and Italy. anagement Master ends sustainable The previous provided SWMMP more powerful that and identifies those basins a computerized This task and identified system The Stormwater Master · e consultant made use of a ric sea level data. As a result, for all feet NAVD88 is now being used for 3.2 feet NAVD88 as a minimum for were 0.04 feet NAVD88 for sea level The provide concurrency reviews of recently bid neighbo oro~1ectst.;~V1· m has prompted changes to the stormwater designs of·· oornocJas.~aue to the revised sea level elevation and the inter-basin flows. The ne:lf'l:lll:IOor·no,oCil:t~::rjevlt9Wt9CI to date are: Biscayne Point; Central Bayshore; Lower North B Pancoast; Sunset Islands I & II. In addition, the new preparation of the following projects: Star Island; Palm and Hibiscus Islands; S nds Ill & IV; Sunset Harbor; Flamingo 6th Street; 16th Street; La Gorce. Further, the SWMMP has developed an order of magnitude cost estimates for the improvements required that total almost $200 million in needed infrastructure improvements. These improvements will need to be made over an estimated span of 25 years, contingent upon the rate of sea level rise. Mr. Johnson presented the report, which is an update and expansion of the SWMMP. The SWMMP is intended to be a guide for improving the City's stormwater management system performance for the next 50 years, with considerations to potential sea level rise over this time period. Ch~irperson Deede Weithorn asked where the outflows are of the pump stations that are being installed as part of the FOOT project on Alton Road and if the City needed to get permission from the buildings along Alton Road to install the outflows. Mr. Beckmann stated that the outflows go to Biscayne Bay and that the pump 159 stations are being installed under the city right-of-ways. Commissioner Jorge Exposito asked why the recommendation by Coastal Systems International Inc. (CSI) regarding the sea level rise was not utilized. Mr. Johnson explained that CSi provided a great deal of information including the latest yearly mean high water elevation which was based off a document developed by the National Oceanic and Atmospheric Administration. However sea levels are calculated not over one year but over an epoch; and an epoch is based on 19 years of information. Mr. Johnson went on to explain that CSI took that information and made projections based off of Virginia Key. Mr. Johnson then stated that COM used a combination of the information provided by CSI and the epoch information to establish their recommendations. Commissioner Exposito expressed concern that the recommendations by COM were not conservative enough in light of global warming and rising tides. Mr. Johnson stated that there were three options; one was to raise the entire elevation of Miami Beach; two, "give back" the city. from part of the city, more specifically, everything west of Washington Ave be "given back"; or three find the appropriate level of solutions and implement . more definitive information regarding sea level rise becomes available. Mr. went on to say that COM's solutions have been recommended in such a for the City to make the appropriate level of capital investment over of time based on the life span of the particular components. n Weithorn opened the floor to public comment rising sea levels and whether the proposed minimum Committee recommended that the item be brought Citywide Projects Committee meeting an.ft;;ti:Jat a lie Works Director and the public to discu ·····~ ·. ·. 't!\Qical issues · r Plan. ACTION ~.,;~~ .:~:-:~~!~~~~ the item be moved and brought to subject to Mr. Beckmann meeting CilntBb~;sit)nE'r Exposito to further refine the Chairnlllrr~~;,n ... .,"•<li\OI:;s~o• at Public Works Director Fred Beckmann meet of th uage in the Request for Proposal (RFP). inn·l:!f~~;.,, .• ,...,.,"' t:XI::>Ol:N:te also asked that Mr. Beckmann meet with him to discuss with Comm the RFP. Di;:,vu1::.J::>tu moved and Beckmann mAATir,n· ... ; refine the Request for Committee recommended that in concept the item be ""'"''"'rnn1=>r 12, 2012 Commission Meeting subject to Mr. rnc.r~r•n Weithorn and Commissioner Exposito to further 4. Discussion regarding development of criteria and procedures for use of the Commission Chamber ACTION Item Deferred 160 5. Discussion regarding the appropriateness of granting a perpetual sub- surface easement to Collins 3300, LLC and 3420 Collins Avenue, LLC, for a proposed sub-surface parking garage ACTION The Committee recommended using fee simple methodology for valuation of the easements with flexibility to have discounts when appropriate based on the recommendations from the City Appraiser. Assistant City Manager Jorge Gomez presented the item. At the June 6, 2012 meeting, the City Commission refe perpetual easement underneath 34th Street to Committee (LUDC) and the Finance and Citywide discussion. On a similar track, a proposed n""'"r"' Ocean Court was referred to the LUDC. policy direction should be provided on easements to use the air rights over and proposal for a subsurface Use and Development Committee (FCWPC) for for an aerial bridge across inistration believes that by both requested .nrtA'Ift:'r~·th public property. regarding the or easement ity. The and sending issue of then discussed thresholds ld probably have a public ittee voted 3-0 in favor of appra the proposed easements the City on July 6, 2012. Lee Waronker of Miami handles requests for public r.nc,rnr.n but suggested that a fee simple City of Miami Beach would hold an heig . 'the air rights. Mr. Waronker then stated concerned with the cost of buying the rights back, ore than the cost they were sold for. He also has it as estimating the value of fee simple interest, temporary construction easement and that, would be the compens Chairperson Deede Weithorn stated that the City's valuation techn some differences based on criteria, such as air rights over an alley ve over a thoroughfare. Chairperson Weithorn then asked when an appraisal is done using fee simple methodology if the use of the area mattered. Mr. Waronker stated that it did matter and added that since the City is the property owner, it should set the value of the property and not use a formula to determine it. Commissioner Michael Gongora asked what would happen if the current owner transferred the property to a new owner. Public Works Director Fred Beckmann stated that it would depend on how the easement is drafted and in most instances it is transferrable. Chairperson Weithorn opened the floor to public comment. Michael Zurh, representing Ari Pearl, stated he was in favor of using the fee simple methodology. Neisen Kasdin, representing the FAENA group, stated that he would expect that a discount would be applied to the valuation based upon the restricted area and restricted use. Conversation ensued. Keith Kulynych of Revuelta Architecture International presented an overview of the Saxony project. Resident Frank Del Vecchio asked if accommodations or a provision be made for extraordinary conditions, in terms of the 161 rising sea level and the citywide Stormwater Master Plan, for the City that would ensure that the public interest would be served. Mr. Kasdin stated that the engineers would look at the range of possibilities and possible needs of the City and account for them by giving appropriate rights to the City. The Committee recommended using fee simple methodology for valuation of the easements with flexibility to have discounts when appropriate based on the recommendations from the City Appraiser. 6. Discussion regarding CDBG funding for fixing storefront ACTION The Committee recommended that a start acceptance of applications be established. Economic Development Division Director Kevin :'~~ ~ 31, 2012 for the lli:l>:l•l\ii'J)I!~.wrovides funding in the ~T<:>rru"'T area of Collins able to apply for re exhausted, nants within are for proi~~m management. The Administration has uire about their interest in managing this program on a positive response, likely due to the low funding that may be involved. Therefore, the Admi an in-house process for management of the Fa<;ade Improvement determine whether or not to hire a qualified independent contractor as tasks that City staff is unable to perform, if any. A Memorandum ng (MOU) is being developed between Economic Development, Plann Real Estate, Housing, and Community Development (REHCD), which is similar to what REHCD, has done with Community Services and with Code Enforcement in the past, which clearly establishes the parameters of the program and how it will be managed. Staff from Economic Development and Planning will work closely with the applicant through the entire project, and will engage a qualified independent contractor with experience in federal funding project management for assistance with the program if necessary, depending on the workload. During the week of June 25, 2012, Economic Development and Planning staff visited each business in the target area with an announcement of the program, as well as a preliminary application, and explained the program to each business owner or scheduled a follow-up visit to do so. Additionally, staff reached out to each property owner either through telephone or mail to inform them of the program. 162 Commissioner Michael Gongora asked who would decide whether or not a business receives funding. Mr. Crowder stated that funding would be awarded on a first come first serve basis, funds would run through September 30, 2013 and that a deadline of December 31, 2012 was established for applications. Mr. Crowder added that three property owners are interested and six storefronts are interested, and that he feels that there will be more than enough interest in the program to exhaust the funds. Commissioner Gongora was concerned about the fairness of the funds being awarded on a first come first serve basis. Chairperson Deede Weithorn suggested that a date be established for the acceptance of applications and that funds then be awarded on a first come first serve basis. The Committee recommended that a start date of August 31, 2012 for the acceptance of applications be established. 7. Discussion regarding advertising on Deco ACTION /~~~~;;, -~~~~~s;~:~~~- The Committee recommended moving fo1!W8lrd with optiori~l d bringing the item :h:fe;:::~a~:~:::~tricia Walker , ,~,~ The request by Deco Bike to al ·· the April 19, 2012 Finance presented Option J, which .... """"'"" a modest profit to DecoBike Committee asked to $6 per hour; normal, and Department long term fiscal s nance discussed at the June 6, 2012 City Comm Finance discuss add on requested that the item be brought back to Prr.t~'t:;·t~ Committee Meeting being held on June 28, 2012 to Ms. Walker at the the Commission presented Options K, L, and M to the Finance and mittee, where Option K reflects going to the $6 Hour rate, Option L eliminates ki advertising and Option M eliminates the City Revenue Share and kiosk advertising. Chairperson Deede Weithorn stated that the DecoBike Bike Share Program was being implemented in other cities and asked what the rates would be in those cities. Mr. Bonifacio Diaz, Chief Operating Officer DecoBike, LLC., stated that the rates would be the same as the rates in Miami Beach. Chairperson Weithorn was concerned that if the rates in Miami Beach were higher that bikes would be rented in the surrounding cities rather than in Miami Beach. Commissioner Jorge Exposito asked if the other cities were allowing advertising. Mr. Diaz stated that advertising has been allowed. The Committee recommended moving forward with option J which was presented at the FCWP on April 19, 2012 meeting and bringing the item to the full Commission. 163 THIS PAGE INTENTIONALLY LEFT BLANK 164