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20121114 BM- with c7f alteredMIAMI BEACH City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive November 14, 2012 Mayor Matti Herrera Bower Vice-Mayor Michael G6ngora Commissioner Jorge R. Exposito Commissioner Jerry Libbin Commissioner Edward L. Tobin Commissioner Deede Weithorn Commissioner Jonah Wolfson Interim City Manager Kathie G. Brooks 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, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without reaching all agenda items. Call to Order-9:00 a.m. Inspirational Message, Pledge of Allegiance Requests for Additions, Withdrawals, and Deferrals The City Commission will recess for lunch at approximately 1:00 p.m. Presentations and Awards Regular Agenda PA Presentations and Awards R2 Competitive Bid Reports R5 Ordinances Consent 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, November 14, 2012 Presentations and Awards PA 1 Certificate Of Appreciation To Be Presented To Outstanding Citizens: Drs. Robert Lopez And Leilany Irizarry. (Requested by Commissioner Jorge R. Exposito) PA2 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officers Of The Month For September And October 2012. (Requested by Commissioner Jorge R. Exposito) PA3 Certificate Of Recognition To Be Presented To Detective Vivian Hernandez For Her Involvement In Promoting Breast Cancer Awareness Month In October. (Requested by Commissioner Jorge R. Exposito) PA4 Presentation Of The Aetna Voices Of Health 1st Place Contest Prize Of $30,000 Which Will Be Used To Address The Shortfall Of Healthcare In Our Schools. (Requested by Commissioner Jerry Libbin) PA5 Presentation Of The Stepping Out For The Arts Luncheon Grant Of $30,000, To Benefit Miami Beach Local Artists Through The Cultural Arts Council. (Requested by Commissioner Jerry Libbin) PA6 Certificate Of Recognition To Be Presented To The Opium Group For Their Long Standing Commitment To The Senior Citizens Of Miami Beach In Hosting An Annual Halloween Bash. (Requested by Vice-Mayor Michael Gongora) PA7 Certificates Of Appreciation To Be Presented For Commissioner Tobin's Passion Awards, To City Of Miami Beach Employees That Have Passionately Worked On The Sunrise Plaza Project: Elizabeth Wheaton, Elizabeth Estevez, Hermes Diaz And Marvin Serria From The Public Works Department; Millie McFadden, Phillip Knowles And Rhonda Gracie From The Parks & Recreation/Greenspace Management Division; And Julio Blanco From The Police Department. (Requested by Commissioner Edward L. Tobin) PA8 Certificates Of Appreciation To Be Presented To Miami Beach Lifeguard Alex Montero For Creating "Montero Good Grades Incentive Program" And Acknowledging Program Sponsors: Whole Foods Market South Beach And The Miami Heat. (Requested by Commissioner Edward L. Tobin) 2 2 Commission Agenda, November 14, 2012 CONSENT AGENDA Action: Moved: Seconded: Vote: C2-Competitive Bid Reports C2A Request For Approval To Award Contracts Per Group As Follows: Groups I And Ill-A-1 Fire And Security, LLC; Group II-Triangle Fire, Inc.; Groups V And VI-All Fire Services, Inc.; Group VII- Fire Alarm Systems And Security, Inc.; Group VIII: A-1 Fire And Security, LLC, Advance Fire Security, Inc., All Fire Services, Inc., Fire Alarm Specialists, Inc. (DBA Fire Alarms And Sprinklers), Fire Alarm Systems And Security, Inc., National Fire Protection, LLC, Triangle Fire, Inc., And Tri-City Electric Co. Inc., Pursuant To Invitation To Bid (ITB) No. 48-11/12, For Citywide Fire Safety System Inspection, Testing, Repair And Monitoring Services, In The Annual Estimated Total Amount Of $61,736. (Property Management/Procurement) C2B Request For Approval To Award A Contract Pursuant To Invitation To Bid No. 61-11/12, For Waterway Resource Maintenance, With Adventure Environmental, Inc., (AEI) In An Estimated Annual Amount Of $115,999.92. (Public Works/Procurement) C4 -Commission Committee Assignments C4A Referral To The Land Use And Development Committee -Discussion Of The City's Draft Tree Ordinance Prepared By The Parks And Recreation Department's Green Space Management Division. (City Manager's Office) C4B Referral To The Neighborhood/Community Affairs Committee-Discussion Regarding Traffic Flow On 1st Street, In The Area East Of Alton Road And West Of Washington Avenue. (Requested by Commissioner Deede Weithorn) C4C Referral To The Finance And Citywide Projects Committee -Discussion Concerning The Lease For The Miami-Dade Gay And Lesbian Chamber Of Commerce Foundation Located At Historic City Hall At 1130 Washington Avenue. (Requested by Vice-Mayor Michael Gongora) 3 3 Commission Agenda, November 14, 2012 C6 • Commission Committee Reports C6A Report Of The Capital Improvement Projects Oversight Committee Meeting Of September 10, 2012: 1) Attendance. 2) Review And Acceptance Of Minutes. 3) Public Comments. 4) Old Business/Requested Reports: 4A) North Beach Neighborhoods: 4A1) Status Report: Normandy Isle Neighborhood Improvements. 4A2) Status Report: Biscayne Point Neighborhood Improvements Project. 48) Middle Beach Neighborhoods: 481) Status Report: Central Bayshore Improvements. 482) Status Report: Lake Pancoast Improvements. 483) Status Report: Sunset Islands I & II. 484) Status Report: Sunset Island Ill & IV. 485) Status Report: Lower North Bay Road. 4C) South Beach Neighborhoods: 4C1) Status Report: Venetian Islands Neighborhood Improvement Project. 4C2) Status Report: Palm & Hibiscus Island Neighborhood Improvements & Utilities Undergrounding. 4C3) Status Report: South Pointe Phase Ill, IV, & V Neighborhood Improvement Project. 5) Commission Items: SA) A Resolution Approving And Authorizing The Mayor And The City Clerk To Execute Guaranteed Maximum Price (GMP) Amendment No. 1 To The Pre-Construction Services Agreement With The Weitz Company, Dated April 5, 2012, For Construction Management At Risk Services For The South Pointe Park Pier Project, In The Amount Of $4,809,017 With Funding For This Amendment Previously Appropriated As Follows: $1,442,417 From The South Pointe Capital Fund 389; And $3,366,600 From The South Pointe COT Agreement Rev/Municipal Resort Tax Fund 388. 58) A Resolution Accepting The Recommendation Of The Interim City Manager Pertaining To The Ranking Of Firms, Pursuant To Request For Qualifications (RFQ) No. 38-11/12, For Professional Engineering Services To Provide, On An "As-Needed" Basis, Construction Management Support Of Right-Of-Way Capital Improvement Projects; And Further Authorizing The Mayor And City Clerk To Execute Agreements Upon Conclusion Of Successful Negotiations By The Administration With The Three Top-Ranked Proposers: COM Smith, Inc., Atkins North America, Inc., And AECOM Technical Services, Inc. As The Primary, Secondary, And Tertiary Firms Respectively; And Should The Administration Be Unable To Negotiate An Agreement With Any Of The Top-Ranked Firms, Authorizing The Administration To Negotiate With The Fourth-Ranked Firm Of PCL/Pirtle, A Joint Venture, As The Tertiary Firm. C6B Report Of The Land Use And Development Committee Meeting Of November 5, 2012: I. Items For Withdrawal: 1. Discussion Regarding The Re-Zoning Of The Property At 1729 Lenox Avenue. II. Regular Agenda: 1. a) Proposed Parking District #6 For The Alton Road Corridor. 1. b) Proposed Alton Road Historic District Buffer Overlay. 2. Discussion Regarding A Resolution By The Historic Preservation Board To Modify The Code Governing The Voluntary Designation Of Single Family Homes. 3. Reduced Parking Rates For Hotel Employees. 4. Review Of Miami Beach Land Use Boards To Improve The City Of Miami Beach Building And Planning Department Processes. 5. Discussion Of RFP For Tennis Maintenance And Bifurcating Maintenance And Operations. 6. Discussion Regarding Miami Beach United Resolutions To Address The Issue Of Compatibility Of Certain Uses In Proximity To Residential Uses, To Create Safeguards While Still Allowing For Flexibility Of Development. 7. Discussion Regarding The Environmental Impacts Of Artificial Turf. 8. Discussion Concerning The Motion Regarding Hours Of Operation For Clubs And Bars During Special LGBT Events Passed By The LGBT Business Enhancement Committee. 9. Discussion Regarding Food Trucks On Private Property. 4 4 Commission Agenda, November 14, 2012 C6 -Commission Committee Reports (Continued) C6C Report Of The Neighborhood/Community Affairs Committee Meeting Of October 15, 2012: 1) Discussion Regarding Landscape Encroachments In Single Family Neighborhoods. 2) Discussion Regarding Proposed Amendments To The City's Film And Print Guidelines. 3) Discussion Regarding A Review Of The City's Special Event Permit Policy, Which Does Not Allow For Any New Events During Spring Break And Ultra Festival. 4) Discussion Regarding 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. 5) Discussion Regarding The Water Feature At The Washington Avenue Entry Of South Pointe Park. 6) Discussion Concerning The Timing Of The Usage Of The City Of Miami Beach's Leaf Blowers. 7) Follow-Up Regarding A Proposal To Honor The Extensive Community Legacy Of Stanley Levine With A Memorial Bench On Lincoln Road. 8) Resolutions Authorizing Agreements With Various External Entities To Assist The City In Implementing The Action Plan To Address Potential Corruption And Misconduct: A) A Resolution Approving And Authorizing The City Manager And City Attorney To Negotiate An Agreement With Miami-Dade County, On Behalf Of The Miami-Dade County Office Of The Inspector General (MDCOIG), 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. B) A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Agreement In The Not To Exceed Amount Of $45,000, With Miami-Dade County, Florida, 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. 5 5 Commission Agenda, November 14, 2012 C7 -Resolutions C7 A A Resolution Approving And Authorizing The City Manager Or Her Designee Retroactively To Submit A Grant Application To Miami-Dade County Homeless Trust For Funding For Identification Assistance Services For Homeless Individuals And Families In The Approximate Amount Of $25,000 For The City's Homeless Outreach Program; Appropriating The Grant, If Approved And Accepted By The City, And Authorizing The Execution Of All Documents Related To This Application. (Budget & Performance Improvement) C7B A Resolution Exercising The Second Renewal Option With lnktel Direct Government BPO Services, Inc., Pursuant To Request For Proposal (RFP) No 08-08/09 For The Delivery Of Call Center Services For The Building Department, In The Estimated Annual Amount Of $95,000.00. (Building Department) C7C A Resolution Approving And Authorizing The City Manager To Enter Into A Professional Services Agreement, In An Amount Not To Exceed $40,500 With Kevin Scott Crowder (Contractor), For A Period Of Five (5) Months, Commencing On January 1, 2013, And Terminating On May 31, 2013, To Continue To Provide The City With Certain Services Related To Business Development, Market Research And Intergovernmental Affairs. (City Manager's Office) C7D A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 2, In A Negotiated Not-To-Exceed Amount Of $145,876, To The Agreement Between The City Beach And Superior Landscaping & Lawn Services, Inc., Dated June 15, 2011, For Ground Maintenance Services For The North Shore/Washington Avenue Area; Said Amendment For The Inclusion Of The Miami Beach Convention Center (MBCC) Ground Maintenance. (Convention Center/Procurement) C7E A Resolution Accepting The Recommendation Of The Interim City Manager Pertaining To The Ranking Of Proposals Pursuant To Request For Proposals (RFP) No. 53-11/12 For The Provision Of Various Banking Services To The City Of Miami Beach For A Five-Year Period With Five One- Year Renewal Options; Authorizing The Administration To Enter Into Negotiations With The Top- Ranked Proposer, Suntrust Bank; And Should The Administration Not Be Successful In Negotiating An Agreement With The Top-Ranked Proposer, Authorizing Negotiations With The Second-Ranked Proposer, TD Bank, N.A.; Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration. (Finance Department/Procurement) 6 6 Commission Agenda, November 14, 2012 C7 -Resolutions (Continued) C7F A Resolution Waiving By 5/7ths Vote, The Formal Competitive Bidding Requirements, Finding Such Waiver To Be In The Best Interest Of The City, And Authorizing The City Manager, Or Her Designee, To Negotiate And Execute An Agreement With Terremark North America Inc., In An Amount Not To Exceed $328,560, For A Period Of One (1) Year, To Provide Internet Access, Managed Router Services And Hardware Co-Location Space At The Network Access Point (NAP) Of The Americas Data Center Facility. (Information Technology/Procurement) C7G A Resolution Approving And Authorizing The City Manager To Execute An Agreement, In An Amount Not To Exceed $350,000, For The Acquisition Of Handheld And Mobile License Plate Recognition (LPR) Parking Enforcement Systems With The Firm Of Parktrak, Pursuant To Request For Proposals No. 55-11/12; And Further Waiving, By 5/7ths Vote, The Formal Competitive Bidding Requirements As To The Portion Of The Agreement Pertaining To The Purchase Of The Mobile LPR Parking Enforcement System, Finding Such Waiver To Be In The Best Interest Of The City. (Parking Department/Procurement) C7H A Resolution Authorizing The Mayor And The City Clerk To Execute An lnterlocal Agreement Between The City And The Clerk Of Courts, Miami-Dade County, Florida, Permitting The Miami Beach Parking Department Use Of A License Plate Recognition System In Order To Apprehend Miami-Dade County Scofflaws And Vehicles Otherwise Subject To Impoundment And Immobilization. (Parking Department) C71 A Resolution Rejecting All Bids Received Pursuant To Invitation To Bid (ITB) No. 47-11/12, To Provide Grounds Maintenance Services On Selected Sites Throughout The South Beach District, And Authorizing The Administration To Issue A New Invitation To Bid. (Parks & Recreation/Procurement) C7 J A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 2 To The Contract With Radio Satellite Integrators, Inc. (RSI), Dated June 27th, 2011, In An Amount Not To Exceed $193,000, To Install The Automated Vehicle Locator (AVL) Device In Parks And Recreational Department Vehicles, Public Works Department Vehicles, Property Management Division Vehicles, And Additional Fire Dept Vehicles; With Funding Previously Appropriated In The FY 2012/13 Budget. (Public Works) C7K A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Memorandum Of Agreement, With The Florida Department Of Transportation, To Establish An Interest-Bearing Escrow Account To Deposit Funds For The Construction Of Proposed Decorative Pedestrian Crosswalks And Embedded Sidewalk Pavers With Street Names, As Part Of The State Road A1A!Collins Avenue Project, From 5th Street To Lincoln Road. (Public Works) 7 7 Commission Agenda, November 14, 2012 C7 -Resolutions (Continued) C7L A Resolution Accepting A Subterranean Utility Easement From Bernard S. Baumel, As Trustee Under Trust Agreement Dated November 28, 2004, Of The Property Located At 1700 West 25th Street, For The Construction, Installation, Maintenance, Repair, And Replacement Of Water And Sewer Mains. (Public Works) C7M A Resolution Approving An Amendment To The Lease Agreement Between The City And Massage Partners, Inc. Authorizing The Additional Use Of The Leased Premises Located At 767 17th Street As A Nail Salon; Furthermore, Approving The Additional Rent To Be Paid By Massage Partners, Inc. For The Use Of The Common Area Bathrooms Located On The Second Floor Of The 1701 Meridian Avenue Office Building For Its Nail Salon Customers; And Further Authorizing The Mayor And City Clerk To Execute The Agreement Subject To Final Review By The City Manager And Form Approval By The City Attorney. (Real Estate, Housing & Community Development) (Memorandum & Resolution to be Submitted in Supplemental) C7N A Resolution Approving And Authorizing The Following Actions With Regard To The City's Neighborhood Stabilization Program 1 (NSP1) Agreements: 1) Approving And Authorizing The Mayor And City Clerk To Execute Amendment Number 4 To The Subgrant Agreement Between The State Of Florida Department Of Economic Opportunity (DEO) And The City Modifying The Expiration Date Of The Subgrant Agreement From November 23, 2012, To February 15, 2013, Re-Allocating Unspent Administration Funds, And Modifying The Program Budgets; 2) Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 8 To The Nsp1 Agreement Between The City And Miami Beach Community Development Corporation (MBCDC), Dated January 21, 2010, Modifying The Expiration Date Of Such Agreement From November 23, 2012 To February 15, 2013, And Allocating The City's Unspent Administration Funds In The Amount Of Approximately $248,000, To Reduce The Debt Service On The Neptune Apartments; And 3) Further Authorizing The City Manager Or Her Designee To Take Such Actions As May Be Required With Regard To Preparing And Having The Mayor And City Clerk Execute Modifications Of Mortgages For The Referenced NSP1 Funded Projects; Such Modifications Revising The Mortgage Amounts To Reflect The Final Budgeted Amounts For Each Project. (Real Estate, Housing & Community Development) C70 A Resolution Setting A Public Hearing To Consider Accepting The Donation From The Levine Family Of A Memorial Bench Designed By Agustina Woodgate Honoring The Community Legacy Of I. Stanley Levine, For Placement On The Nine Hundred Block Of Lincoln Road; And Further, If Approved, Authorizing The City Manager To Execute An Agreement With The Levine Family Establishing A Maintenance Reserve Account For The First Year Of Maintenance And Repairs To Said Memorial Bench. (Tourism & Cultural Development) 8 Commission Agenda, November 14, 2012 C7 -Resolutions (Continued) C7P A Resolution Authorizing The Acceptance Of A Thirty Thousand Dollar ($30,000) Donation From The Miami Beach Arts Trust, From The "Stepping Out For The Arts" Luncheon; And Further Appropriating Said Funds For The Creation Of A Dedicated City Cultural Grants Program Which Will Be Administered By The Cultural Arts Council, Consistent With The City's Established Policies And Procedures. (Tourism & Cultural Development) End of Consent Agenda 9 9 Commission Agenda, November 14, 2012 REGULAR AGENDA RS -Ordinances R5A Parking District No. 5 -Sunset Harbour An Ordinance Amending The Code Of The City Of Miami Beach, Florida By Amending Chapter 130, "Off-Street Parking," Article II "District; Requirements," Section 130-31 "Parking Districts Established," By Creating A New Parking District No. 5; Amending Section 130-33, "Off-Street Parking Requirements For Parking Districts Nos. 2, 3 And 4," By Adding New Parking Regulations For Parking District No. 5 For Properties Generally Bounded By Purdy Avenue On The West, 20th Street On The North, Alton Road On The East And Dade Boulevard On The South; Amending Section 142-483, "Conditional Uses" By Adding To The List Of Conditional Uses In The 1-1 Urban Light Industrial District; Amending Chapter 142, Article II, "District Regulations," Division 5, "CD-2 Commercial Medium Intensity District," By Amending Sections 142-302, "Main Permitted Uses," Section 142-303, "Conditional Uses," And Section 142-305, "Prohibited Uses," By Clarifying The Permitted, Prohibited And Conditional Uses In Parking District #5; Providing For Codification; Repealer; Severability; Applicability; And An Effective Date. 10:15 a.m. First Reading Public Hearing (Requested by Land Use & Development Committee) (Legislative Tracking: Planning Department) R5B Ground Floor Additions In The Architectural District An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Article II, "District Regulations," By Amending Division 3, "Residential Multifamily Districts," By Amending Subdivision V, "RM-3 Residential Multifamily High Intensity," To Create Additional Regulations Regarding Ground Floor Additions For Properties Located In The Architectural District; Providing For Repealer, Codification, Severability And An Effective Date. 10:30 a.m. Second Reading Public Hearing (Requested by Land Use & Development Committee) (Legislative Tracking: Planning Department) (First Reading on October 24, 2012) R5C An Ordinance Amending Chapter 10 Of The Miami Beach City Code Entitled "Animals," By Amending Section 10-11, Entitled "Running At Large Prohibited," By Extending The Pilot Program Off-Leash Area For Dogs In South Pointe Park Through And Including January 31, 2013, Providing For Repealer, Severability, Codification, And An Effective Date. First Reading (Requested by Neighborhood/Community Affairs Committee) (Legislative Tracking: Parks & Recreation) 10 10 Commission Agenda, November 14, 2012 R5 -Ordinances (Continued) R5D An Ordinance Amending Chapter 2 Of The Miami Beach City Code Entitled "Administration," By Amending Article VI, Entitled "Procurement," By Amending Division 5, Entitled "Debarment Of Contractors From City Work," By Amending Section 2-397, Entitled "Purpose Of Debarment," To Provide The Purpose For Suspensions; By Amending Section 2-398, Entitled "Definitions," To Provide Additional Definitions Regarding Suspension Of Contractors; By Amending Section 2- 399, Entitled "List Of Debarred Contractors," To Provide For The Additional Listing Of Suspended Contractors; By Amending Section 2-400, Entitled "Effects Of Debarment" To Provide For The Effects Of Suspension; By Amending Section 2-401, Entitled "Continuation Of Current Contracts," To Provide That Suspension May Affect The Continuation Of Current Contracts Or Bids; By Amending Section 2-402, Entitled "Restrictions On Subcontracting," To Provide For Restrictions On Suspended Contractors; By Amending Section 2-403; Entitled "Debarment," To Provide For The Suspension Of Contractors; By Amending Section 2-404, Entitled "Causes For Debarment," By Providing For An Additional Cause For Debarment When A City Contractor Is Found To Have Committed Any Offense Indicating A Lack Of Business Integrity Or Honesty That Seriously And Directly Affects The Present Responsibility Of A City Contractor, And To Provide For Causes For Suspension; By Amending Section 2-405, Entitled "Debarment Procedures," To Provide Procedures For Suspension Of Contractors; By Amending Section 4-206, Entitled "Period Of Debarment," By Providing For Periods Of Suspension And Requests For Reducing Periods Of Suspension; Providing For Repealer; Severability; Codification; And An Effective Date. First Reading (Requested by Mayor Matti Herrera Bower) (Legislative Tracking: City Attorney's Office) R7 -Resolutions R7A A Resolution Setting The Dates For The Year 2013 City Commission Meetings. Joint City Commission And Redevelopment Agency (City Clerk's Office) R7B A Resolution Approving Funding, In An Amount Not To Exceed $250,000, To Address The Relocation Of The Kitchen Exhaust Venting System Installed By The Pennsylvania Avenue Garage Retail Tenant, Penn 17, LLC (D/B/A Cooper Avenue); With Funding Available From Previously Appropriated City Center RDA Capital Fund 365; And Further, Authorizing The Interim City Manager And Penn 17, LLC To Negotiate And, If Successful, Execute An Agreement To Proceed With The Re-Design, Permitting And Constructing Of Kitchen Exhaust Venting System That Discharges Away From The Service Alley Located Between The New World Symphony Building And The Pennsylvania Avenue Garage. Joint City Commission And Redevelopment Agency (Real Estate, Housing & Community Development) (Item Referred to FCWPC October 24, 2012) (Memorandum & Resolution to be Submitted in Supplemental) 11 11 Commission Agenda, November 14, 2012 R7 -Resolutions (Continued) R7C A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee And Adopting The 2011 Citywide Stormwater Management Master Plan. (Public Works) (Deferred from October 24, 2012) R7D A Resolution Approving The Issuance Of New Police And Parking Towing Permits To Beach Towing Services, Inc. And Tremont Towing Services, Inc., With Said Permits Having A Three (3) Year Term, Commencing On December 1, 2012, And Ending On November 30, 2015; And Further Approving Amendment No. 2 To The Administrative Rules And Regulations For Police And Parking Towing Permits. (Parking Department) (Deferred from October 24, 2012) R7D1 Alternate Resolution And Administrative Rules And Regulations For Police And Parking Towing Permits. (Requested by Commissioner Jonah Wolfson) R7E A Resolution Accepting The Recommendations Of The Neighborhood/Community Affairs Committee At The September 24, 2012 Committee Meeting To A) Bring The Concept Of A Hedge For The Off-Leash Dog Area Of South Pointe Park Back To The City Commission For Further Discussion And Direction And B) Extend The Dog Off-Leash Pilot Program In South Pointe Park. (Parks & Recreation) R7F A Resolution Adopting The Certification Of The Unofficial Results Of The November 6, 2012 Special Election For The City Of Miami Beach Ballot Questions, And Declaring The Results Thereof. (City Attorney's Office) R7G A Resolution Creating The City Of Miami Beach Ad Hoc Charter Review And Revision Board; Prescribing Its Duties, And Providing For The Manner Of Its Appointment And The Terms Of Office Of Its Members. (City Attorney's Office) R7H A Resolution Adopting The Third Amendment To The Fiscal (FY) 2011/12 General Fund Budget And The Second Amendment To The Enterprise, Internal Service And Special Revenue Funds Budget. (Budget & Performance Improvement) (Memorandum & Resolution to be Submitted in Supplemental) 12 12 Commission Agenda, November 14, 2012 R9 -New Business and Commission Requests R9A Board And Committee Appointments. (City Clerk's Office) R9A1 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 The Committee Of The Whole Will Meet During Lunch Recess Of The November 14, 2012 City Commission Meeting At The City Manager's Office Large Conference Room To Discuss: 1) Staff Participation At Commission Organized Meetings; And 2) Implementation Of Charter Amendment Affecting The City Clerk. (City Manager's Office/City Attorney's Office) R9D Discussion Regarding An Application For A Sidewalk Cafe Permit For The Drexel Avenue And 16th Street Sidewalks In Front Of The Retail Spaces Of The Park at 420 Garage, Located At The Corner Of 16th Street And Drexel Avenue. (Planning Department) R9E Discussion Regarding Preparing A Directive To Federal Legislature Lobbyist, Asking Them To Promote A Federal Windstorm Program. (Requested by Commissioner Jorge R. Exposito) R9F Discussion Regarding The Status Of The Second Hand Store Ordinance. (Requested by Vice-Mayor Michael Gongora) R9G Discussion Regarding Adding Seating Capacity On The Roof Of The Future Flamingo Tennis Center. (Requested by Commissioner Edward L. Tobin) R9H Discussion Regarding A Resolution Urging The State Of Florida To Restore Early Voting To Two Weeks. (Requested by Vice-Mayor Michael Gongora) R91 Discussion Regarding Granting Of The Easement On The Saxony Hotel Project On 33rd/34 1h Collins Avenue And The Public Benefit Of Granting Of The Easement. (Requested by Vice-Mayor Michael Gongora) 13 13 Commission Agenda, November 14, 2012 R1 0 -City Attorney Reports R 1 OA City Attorney's Status Report. (City Attorney Office) R 1 08 Notice Of Closed Executive Session Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will Be Held During Recess Of The City Commission Meeting On Wednesday, November 14, 2012, In The City Manager's Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To Collective Bargaining. Reports and Informational Items Reports and Informational Items (see LTC No. 284-2012) End of Regular Agenda 14 14 MIAMI City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov THE REGULARLY SCHEDULED MEETINGS OF THE CITY COMMISSION ARE ESTABLISHED BY RESOLUTION. SCHEDULED MEETING DATES ARE AVAILABlE ON THE CITY'S WEBSITE, DISPLAYED ON MBTY 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 1 FORUM will be held during the first Commission meeting each month. The Forum is split into two (2) sessions, 12:30 p.m. and 5:30 p.m., or as soon as possible thereafter, provided that the Commission Meeting has not already adjourned prior to the time set for either session of the Forum. In the event of adiournment prior to the Stanley Sutnick Citizens' Forum, notice will be posted on MBTY 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 lime 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.miomibeachfl.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 maller 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 Manager1s staff. 11 Requests for Agenda Consideration 11 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 fully apprised. Such written requests must be received in the City Manager's Office no lgter than noon on Manda~ lhe week prior to lbe scheduled Commission mgeting to allow time for processing and indusian 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 lime, 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 COMMISSION MEETINGS January 11 (Wednesday) January 18 (Wednesday) February 8 (Wednesday) February 15 (Wednesday) March 21 (Wednesday) March 28 (Wednesday) April 11 (Wednesday) April18 (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) 16 CITY CLERK'S OFFICE LOBBYIST LIST November 14, 2012 Commission Meeting lobbyist's Na Retained by Principal Date Registered R5A Parking District No. 5 -Sunset Harbour Neighborhood 1 Scott Robins, Bay Road 02/17/2012 I Wayne Pathman 1 Greenstreet Real Est 06/25/2012 I David Sacks 1 Greenstreet Real E 06/26/2012 I R5B Ground Floor Additions in the Architectural District Neisen Kasdin off Group 09/18/2012 Steven Wernick off Group 09/18/2012 R7D Issue 3-Yr Term Permit, Beach Towing and Tremont Towing Services, Inc. Rafael Andrade Towing Services, Inc. 9/24/2010 Randall Hilliard Towing Services, Inc. 5/9/2011 Neisen Kasdin , IC1110nt Towing, Inc. 3/24/2008 Kent Robbins [ Beach Towing Services, Inc. 9/27/2010 F:\CLER\COMMON\2012\20121114\LOBBYIST LIST. Docx 17 Amount Disclosed $445 per hour I ' $615 per hour $350 per hour I No compensation $2,500 per month J $500 per hour 1 I $450 per hour PA PRESENTATIONS AND AWARDS "tJ )> Presentations and Awards PA1 Certificate Of Appreciation To Be Presented To Outstanding Citizens: Drs. Robert Lopez And Leilany Irizarry. (Requested by Commissioner Jorge R. Exposito) PA2 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officers Of The Month For September And October 2012. (Requested by Commissioner Jorge R. Exposito) PA3 Certificate Of Recognition To Be Presented To Detective Vivian Hernandez For Her Involvement In Promoting Breast Cancer Awareness Month In October. (Requested by Commissioner Jorge R. Exposito) PA4 Presentation Of The Aetna Voices Of Health 1st Place Contest Prize Of $30,000 Which Will Be Used To Address The Shortfall Of Healthcare In Our Schools. (Requested by Commissioner Jerry Libbin) PAS Presentation Of The Stepping Out For The Arts Luncheon Grant Of $30,000, To Benefit Miami Beach Local Artists Through The Cultural Arts Council. (Requested by Commissioner Jerry Libbin) PA6 Certificate Of Recognition To Be Presented To The Opium Group For Their Long Standing Commitment To The Senior Citizens Of Miami Beach In Hosting An Annual Halloween Bash. (Requested by Vice-Mayor Michael Gongora) PA7 Certificates Of Appreciation To Be Presented For Commissioner Tobin's Passion Awards, To City Of Miami Beach Employees That Have Passionately Worked On The Sunrise Plaza Project: Elizabeth Wheaton, Elizabeth Estevez, Hermes Diaz And Marvin Serria From The Public Works Department; Millie McFadden, Phillip Knowles And Rhonda Gracie From The Parks & Recreation/Greenspace Management Division; And Julio Blanco From The Police Department. (Requested by Commissioner Edward L. Tobin) PAS Certificates Of Appreciation To Be Presented To Miami Beach Lifeguard Alex Montero For Creating "Montero Good Grades Incentive Program" And Acknowledging Program Sponsors: Whole Foods Market South Beach And The Miami Heat. (Requested by Commissioner Edward L. Tobin) 19 Agenda Item P4/-~ Date II-tq-12- THIS PAGE INTENTIONALLY LEFT BLANK 20 C2 COMPETITIVE BID REPORTS COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award Contracts Per Group As Follows: Groups I And Ill-A-1 Fire And Security, LLC; Group II-Triangle Fire, Inc.; Groups V And VI -All Fire Services, Inc.; Group VII-Fire Alarm Systems And Security, Inc.; Group VIII: A-1 Fire And Security, LLC, Advance Fire Security, Inc., All Fire Services, Inc., Fire Alarm Specialists, Inc dba Fire Alarms And Sprinklers, Fire Alarm Systems And Security, Inc., National Fire Protection, LLC, Triangle Fire, Inc., And Tri-City Electric Co. Inc., Pursuant To Invitation To Bid (ITB) No. 48-11/12, For Citywide Fire Safety System Inspection, Testing, Repair And Monitoring Services, In The Annual Estimated Total Amount Of $61,736. Key Intended Outcome Supported: Ensure well maintained facilities. Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated that 87.2% of residents, and 85% of businesses rated the appearance and maintenance of the City's public buildings as excellent or good. Issue: I Shall the City Commission approve the award of Contracts? Item Summary/Recommendation: The purpose of Invitation to Bid (ITB) No. 48-11/12 is to establish a contract, by means of sealed bids, with a qualified vendor(s), to provide citywide fire safety system inspection, testing, repair and monitoring services, as specified in the ITB. The contract shall remain in effect for two (2) years from date of contract execution by the Mayor and City Clerk, and may be extended at the sole discretion of the City, through its City Manager, for three (3) additional one (1) year terms, if mutually agreed upon by both parties. Bidsync issued bid notices to 30 prospective bidders. The notices resulted in the receipt of eight (8) responsive bids. An administrative review panel (the "Panel"), comprised of the following City staff members convened on October 24, 2012 to review and evaluate all responsive bids. The Panel reviewed all documentation submitted by the bidders, and recommended award to the lowest bidder for each Group, except for Group VII, Fire Alarms, which was recommended to the second lowest bidder. After further evaluation, the Administration recommends award to Group VII to the lowest bidder, Fire Alarm Systems and Security, Inc. The amount budgeted for these services for Fiscal Year 2012/2013 is $86,912, therefore, the bid amount is $25,176 below budget. Last year's expenditures in Fire Safety related services was $77,740, which means that an estimated $16,004 in annual savings may be realized as a result of this bid process. APPROVE THE AWARD OF CONTRACTS. Board Recommendation: Financial Information: Source of Amount Funds: 1 $61,736 ;fo· 2 3 OBPI Total $61,736 Financial Impact Summary: q_ty Clerk's Office Legislative Tracking: [Raul Aguila Sl tor MIAMI BEACH Account Property Management Account 520-1720-000325 ·~ 22 AGENDA ITEM _C-_;2._,4 __ DATE 1/-ll{-JL C9 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 C FROM: Kathie G. Brooks, Interim City Manager DATE: November 14, 2012 SUBJECT: REQUEST FOR APPROVAL TO AWARD CONTRACTS PER GROUP AS FOLLOWS: GROUPS I AND Ill -A-1 FIRE AND SECURITY, LLC; GROUP II- TRIANGLE FIRE, INC.; GROUPS V AND VI -ALL FIRE SERVICES, INC.; GROUP VII-FIRE ALARM SYSTEMS AND SECURITY, INC.; GROUP VIII: A-1 FIRE AND SECURITY, LLC, ADVANCE FIRE SECURITY, INC., ALL FIRE SERVICES, INC., FIRE ALARM SPECIALISTS, INC. DBA FIRE ALARMS AND SPRINKLERS, FIRE ALARM SYSTEMS AND SECURITY, INC., NATIONAL FIRE PROTECTION, LLC, TRIANGLE FIRE, INC., AND TRI-CITY ELECTRIC CO. INC., PURSUANT TO INVITATION TO BID (ITB) NO. 48-11/12, FOR CITYWIDE FIRE SAFETY SYSTEM INSPECTION, TESTING, REPAIR AND MONITORING SERVICES, IN THE ANNUAL ESTIMATED TOTAL AMOUNT OF $61,736. ADMINISTRATION RECOMMENDATION Approve the Award of contracts. KEY INTENDED OUTCOME Ensure well-maintained facilities. FUNDING The amount budgeted for these services for Fiscal Year 2012/2013 is $86,912. Funding in the amount required will be provided from the following account: $61,736 Property Management Account 520-1720-000325 Additional funding may be required due to increased need of services, subject to the review and approval of the Office of Budget and Performance Improvement (OBPI). Cost Comparison Last year's expenditures in Fire Safety related services were $77,7 40, which means that an estimated $16,004 in annual savings may be realized as a result of this bid process. ANALYSIS The purpose of Invitation to Bid (ITB) No. 48-11/12 is to establish a contract, by means of sealed bids, with a qualified vendor(s), to provide citywide fire safety system inspection, testing, repair and monitoring services, as specified in the ITB. · The ITB consists of eight (8) groups as follows: Group 1: Dry Chemical Fire Extinguishers; Group II: FM200/Halon Fire Control Systems; Group Ill: Hood Suppression Systems; Group IV: Clean Agent Fire Suppression Systems; Group V: Fire Sprinkler Systems and Fire Pumps; Group VI: Standpipe Systems; Group VII: Fire Alarm Systems, and Group VIII: Additional work. Group IV was deleted via Addendum. 23 ITB 48-11112-Citywide Fire Safety System November 14, 2012 Page 2 The contract shall remain in effect for two (2) years from date of contract execution by the Mayor and City Clerk, and may be extended at the sole discretion of the City, through its City Manager, for three (3) additional one (1) year terms, if mutually agreed upon by both parties. BID PROCESS Invitation to Bid (ITB) No. 48-11/12, was issued on June 12,2012 with a bid opening date of July 12, 2012. Four (4) addenda were issued to provide additional information and to respond to all questions submitted by the prospective bidders, thus extending the bid opening due date to August 31, 2012. Bidsync issued bid notices to 30 prospective bidders. The notices resulted in the receipt of eight (8) responsive bids from the following companies: 1. A-1 Fire and Security, LLC 2. Advanced Fire and Security, Inc. 3. All Fire Services, Inc. 4. Fire Alarm Specialists, Inc. dba Fire Alarms and Sprinklers 5. Fire Alarm Systems and Security, Inc. 6. National Fire Protection, LLC 7. Triangle Fire, Inc. 8. Tri-City Electric Co., Inc. An administrative review panel (the "Panel"), comprised of the following City staff members convened on October 24, 2012 to review and evaluate all responsive bids. • Herman Fung, Property Management • Soni Moore, Fire Department • Pedro Quintela, Building Department The Panel reviewed all documentation submitted by the bidders, and recommended award to the lowest bidder for each Group, except for Group VII, Fire Alarms. The Panel did not recommend the lowest bidder for Group VII, based on the bid amount difference between the lowest bidder and the second lowest bidder. The Panel concluded that the lowest bid amounts could not reflect the work required by the ITB, and therefore should not be recommended. Property Management further reviewed the bid amounts for Group VII. Per Property Management's request, The Procurement Division sent an e-mail to the bidder in question, Fire Alarm Systems and Security, Inc., to ensure they had a good understanding of the scope of work required, and to confirm whether their prices did include all that was required by the ITB. Fire Alarm Systems and Security affirmed that they fully comply with all the requirements of the bid package's scope of work. Based on this confirmation, and positive feedback received from their customers, the Administration recommends award to Fire Alarm Systems and Security, Inc., the lowest bidder for Group VII. Attachment A shows tabulated results. The table below shows a summary of the recommendation for award per Group, and amount bid: 24 ITB 48-11112-Citywide Fire Safety System November 14, 2012 Page 3 The annual amount of $25,000 has been budgeted by Property Management for any repairs required as a result of deficiencies encountered during the inspections. This additional work will be accomplished via request for quotes from pre-qualified bidders under Group VIII. The panel reviewed all licenses submitted by bidders and found all eight bidders to be in compliance with licensing requirements for the work to be performed. All companies have been in business for a minimum of five years, as required by the ITB. CONCLUSION: Based on the aforementioned, the Administration recommends that the Mayor and City Commission award contracts per Group as follows: Groups I and 111-A-1 Fire And Security, LLC; Group II-Triangle Fire, Inc.; Groups V and VI-All Fire Services, Inc.; Group VII-Fire Alarm Systems and Security, Inc.; Group VIII: A-1 Fire and Security, LLC, Advance Fire Security, Inc., All Fire Services, Inc., Fire Alarm Specialists, Inc dba Fire Alarms and Sprinklers, Fire Alarm Systems and Security, Inc., National Fire Protection, LLC, Triangle Fire, Inc., and Tri-City Electric Co. Inc., Pursuant to Invitation To Bid (ITB) No. 48-11/12, for Citywide Fire Safety System Inspection, Testing, Repair and Monitoring Services, in the annual estimated total amount of $61,736. T:\AGENDA\2012\11-14-12\ITB 48-11-12 Cityvvide Fire Safety System MEMO.doc 25 ~ en ATTACHEMT A-ITB 48-11/12-BID TABULATION CITYWIDE FIRE SAFETY SYSTEMS GROUP I. DRY CHEMICAL FIRE EXTINGUISHERS Item tion Sizes 3 lb. "ABC" Fire 1 2 Fire Alarm 514 1 3 !Inspect and Tag {Annually) 1 ~~tin_~.u~s~.~~. ) 205 ! $?.00 1 $ 1,640.00 -~-$4.95j $1,014.75 J $5.00 J $1,025.00 1 20.00 407.00 6 83.40 165.00 0 1 $ 312.00 42 o I $ 676.00 7 $ 525.00 790 *Additional sizes may be required, to be negotiated if/when needed. ~ ........ ATTACHEMT A-ITB 48-11/12-BID TABULATION CITYWIDE FIRE SAFETY SYSTEMS GROUP II. FM200/HALON FIRE CONTROL SYSTEMS I Item Site Address (HALON) Miami Beach Historic City 10 Hall A. Radio Room (on roof) 1130 Washington Avenue (FM200) Police Department Building A. Computer Room B. Garage (Room P-102) 11 C. Crime Scene Garage' 1100 Washington Avenue (FM200} Miami Beach City Hall A. Computer Room (2nd Floor) 12 B. 5th Floor Radio Room 1700 Convention Center Drive 13 (FM200) Main Radio Site 2310 Pine Tree Drive (FM200} Public Works Water & Sewer Maintenance Yard (Control 14 Room) l 451 Dade Boulevard (FM200} Fire Station No. 2 (2) l 15 bldQ ....... 2310 Pinetree Drive Total Annual Cost: GROUP Ill. HOOD SUPPRESSION SYSTEMS Item Site Address 16 Fire Station No. 1 (2) bldg 1051 Jefferson Avenue 17 Fire Station No. 2 (2) bldQ 2310 Pinetree Drive 18 Fire Station No. 3 5303 Collins Avenue 19 Fire Station No. 4 6880 Indian Creek Drive Total Annu GROUP IV -CLEAN AGENT FIRE SUPPRESSION SYSTEMS -DELETED Triangle Fire Annual Cost """ ------~ $600.00 $1,800.00 $1,200.00 $600.00 $600.00 $600.00 $5,400.00 Fire Alarms ATTACHEMT A -ITB 48-11/12-BID TABULATION CITYWIDE FIRE SAFETY SYSTEMS GROUP V. FIRE SPRINKLER SYSTEMS AND FIRE PUMPS em 20 Avenue 2 23 1755 Meridian Avenue 451 Dade Boulevard 26 140 MacArthur Causewa 27 1700 Convention Center Drive 32 33 34 35 36 37 38 1 72nd Street 39 an Drive All Fire Total Annual Cost: .....................................................•. ~--~~;;_;;;:.;;~=......;:...=:..:.:......~. 28 National Fire ATTACHEMT A-ITB 48·11/12 ·BID TABULATION CITYWIDE FIRE SAFETY SYSTEMS GROUP VI. STANDPIPE SYSTEMS Item Site ddress 1701 Meridian Avenue Street & Collins Avenue Total Annual Co 29 National All Fire Fire ATTACHEMT A-ITB 48·11/12-BID TABULATION CITYWIDE FIRE SAFETY SYSTEMS GROUP VII. FIRE ALARM SYSTEMS Item Site Address *52 1 Jefferson Avenue 2 2300 Pinetree Drive eet & Collins Avenue Street & Convention 75 r Dr 451 Dade Boulevard $500.00 Total Annual Cost: $15,500.00 *Locations currently under contract. To be added to the contract at the discretion of the City. 30 Advanced Fire & Sec Annual Cost $444.00 ATTACHEMT A-ITB 48-11/12-BID TABULATION CITYWIDE FIRE SAFETY SYSTEMS GROUP VIII -ADDITIONAL WORK-For other work not included in Groups I through VII, the City will request quotes for work with cost over $1,000 from all bidders pre-qualified within a particular Group. The table below shows pre-qualified bidders per Group: Tri-Cit Electric ~o., ln_~c~. ------------- 31 COMMISSION ITEM SUMMARY Issue: I Shall the Mayor and City Commission approve the award of contracts? Item Summary/Recommendation: The purpose of Invitation to Bid (ITB) No. 61 11/12 was to establish a contract, by means of sealed bids, with a qualified vendor, to provide for the preservation of the City's waterways on a continuous, as needed basis. This contract shall remain in effect for two (2) years from the date of contract execution by the Mayor and City Clerk. Providing the successful bidder will agree to maintain the same price, terms and conditions of the current contract, this contract may be renewed, at the sole discretion ofthe City, through its City Manager, for three (3) additional one (1) year periods. ITB No. 61 11/12 was issued on September 14, 2012, with a bid opening date of October 17,2012. A pre-bid conference was held on September 24, 2012, and one (1) addenda was issued to provide additional information and respond to all questions submitted by the prospective bidders. The waterways that surround the area are one ofthe main attractions ofthe City's unique scenery. The ocean, bay and inner canals provide residents and visitors with water-related recreational activities. During all seasons, fisherman can be observed along canal banks and boaters can enjoy the natural aesthetic of mangrove covered banks. The bayfront and canal system is highly visible to bordering homes, public access roadways, recreational areas and commercial section, which include hotels and restaurants. In response to results from a survey completed by City residents, business, and community groups, the City Administration decided to further enhance the level of service being provided to the city waterways. Since cleanliness of canals/waterways was rated more poorly than cleanliness of city streets, the City will expand the waterway cleaning efforts through a comprehensive program that will remove trash and debris from island canals and waterways throughout the city. The Contractor will be responsible for maintaining a standard level of no Jess than two (2) on the City's Cleanliness Index during the daytime hours of 8:00a.m. to 7:00p.m. Should contractor not comply with the required Cleanliness Index of two (2), a warning notice will be given to the Contractor. Contractor will only be allowed one warning notice per quarter. Contractor will pay the City a sum of $500 for each subsequent notice. During hurricanes or other windstorm emergencies, Contractor shall be available 24 hours, 7 days per week. Cost will be geared towards hurricane-related recovery services. Any additional work required to support hurricane activity will be negotiated subject to mutual agreement The cost and expenses will be submitted to the City for approval in a cost proposal by the successful bidder. Prior to signing a contract the successful bidder will be required to submit labor and equipment prices that are FEMA approved. These prices will become part of the contract. Adventure Environmental Inc., (AEI) was deemed the lowest and best bidder, for Waterway Resource Maintenance, in an annual amount not to exceed $115,999.92. APPROVE THE AWARD OF THE CONTRACT. Advisory Board Recommendation: IN/A Financial Information: Source of Fun~. OBPI T Amount 1 115,999.92 32 Account 435-0430-000312 er AGENDA ITEM _C_:l~B::...___ !.'.lATE 1/-14-/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 Mattie Herrera Bower and Members of the City;:-o mission Kathie G. Brooks, Interim City Manager p 1 / November 14, 2012 REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID NO. 61-11/12, FOR WATERWAY RESOURCE MAINTENANCE, WITH ADVENTURE ENVIRONMENTAL, INC., (AEI) IN AN ESTIMATED ANNUAL AMOUNT OF $115,999.92. ADMINISTRATION RECOMMENDATION Approve the award of the contract. KEY INTENDED OUTCOME To improve the cleanliness of Miami Beach Waterways. FUNDING Funding subject to Fiscal Year 2012/2013 budget approval from the following account: $115,999.92 ANALYSIS Budget Account Number 435-0430-000312 In response to results from a survey completed by City residents, business, and community groups, the City Administration decided to further enhance the level of service being provided to the city waterways. Since cleanliness of canals/waterways was rated more poorly than cleanliness of city streets, the City will expand the waterway cleaning efforts through a comprehensive program that will remove trash and debris from island canals and waterways throughout the city. The purpose of this bid is to establish a contract, under the best value procurement method, with a qualified contractor for the preservation of the City's waterways. The successful bidder shall be responsible for the proper disposal of all litter, debris and organic material that is collected in accordance with all City, State, County and Federal regulations. The term of the executed Contract shall be for a period of two (2) years from the date of contract execution by the Mayor and City Clerk. Providing the successful bidder will agree to maintain the same price, terms and conditions of the current contract, this contract may be renewed, at the sole discretion of the City, through its City Manager, for three (3) additional one (1) year periods. Prior to completion of each exercised contract term, the City may consider an adjustment to price based on the Consumer Price Index increase. Change shall not be more than the percentage increase or decrease in the Consumer Price Index CPI-U (all urban areas) computed 60 days prior to the anniversary date of the contract. 33 Commission Memorandum -/TB 6111/12 Waterway Resource Maintenance November 14, 2012 Pagel2 The waterways that surround the area are one of the main attractions of the City's unique scenery. The ocean, bay and inner canals provide residents and visitors with water-related recreational activities. During all seasons, fisherman can be observed along canal banks and boaters can enjoy the natural aesthetic of mangrove covered banks. The bayfront and canal system is highly visible to bordering homes, public access roadways, recreational areas and commercial section, which include hotels and restaurants. The following aquatic conditions are found within the waterways of Miami Beach: • The City of Miami Beach has over 14.2 miles of canal and island shoreline. The inner canals and western shoreline covers 12.127 miles and the shoreline surrounding the Biscayne Bay Islands is 2.088 miles in length. • Stormwater runoff enters the canal system along sloped banks, underground culverts, outfalls and concrete spillways in the older section of the City. • After large storm events, vegetation, litter and other floating debris accumulate in high density throughout the City's waterways. • Water levels fluctuate with tidal movement. • Seasonal wind patterns and changes in the tidal currents can cause additional vegetation, litter, and debris to become concentrated throughout the City's waterways. • Shoreline accumulation of trash includes palm fronds, which fall naturally from over hanging trees and discarded landscape cuttings. Sea grass mats and floating litter collects at the corners of residential docks, marinas and in other highly visible areas. • Large objects such as shopping carts, chairs, tires, damaged boats and other unwanted items continually find their way into the City's waterways. • Substantial quantities of trash and debris collect in protected mangroves growing along highly visible shoreline areas in Miami Beach. Floating vegetation and debris in the water impedes flow at drainage culverts. • Many of the City's waterways are crossed by low vehicular and pedestrian bridge. • Other water-related issues include: illegal dumping in commercial areas, especially where retaining structures are collapsing; vagrant camps underneath City bridges and along canal banks; dilapidated docks and seawalls in need of repair and piles of construction debris left at the water's edge. 34 Commission Memorandum -ITB 61 11/12 Watetway Resource Maintenance November 14, 2012 Pagel3 The Contractor's performance of this Contract shall be assessed by City staff. Assessment Areas and Frequencies are specified below. A standard level of no less than two (2) on the City Cleanliness Index (see Section "Cleanliness Index") must be maintained. If at any time during the life of the Contract, performance is considered unsatisfactory (less than two (2) on the Cleanliness Index), the City Manager or his designee, shall inform the Contractor of the deficiency in work. The Contractor is responsible for maintaining a standard level of no less than two (2) on the City's Cleanliness Index. Should contractor not comply with the required Cleanliness Index of two (2), a warning notice will be given to the Contractor. Contractor will only be allowed one warning notice per quarter. Contractor will pay the City a sum of $500 for each subsequent notice. In addition, the Contractor shall be available to address specific area complaints, blockages of navigation, and/or issues related to seasonal conditions or significant storm events. All such issues shall be addressed by the Contractor no later than the next business day. During hurricanes or other windstorm emergencies, Contractor shall be available 24 hours, 7 days per week. Cost will be geared towards hurricane-related recovery services. Any additional work required to support hurricane activity will be negotiated subject to mutual agreement. The cost and expenses will be submitted to the City for approval in a cost proposal by the successful bidder. Prior to signing a contract the successful bidder will be required to submit labor and equipment prices that are FEMA approved. These prices will become part of the contract. Waterways The identified waterway locations are those locations that an assessor can view and assess safely from public dry location. The waterway hot spots are as follows: • • • • • • • • • Collins between 23rd and 24th Street North Shore Drive between South Shore Drive and Marselle Drive 85th Street between Crespi Blvd and Byron Avenue Bridge on Waterway Drive between 80th and 81 st Street Dead end on 75th Street and Dickens Avenue 73rd Street between Dickens Avenue and Wayne Street Indian Creek Drive and 72nd Street 7ih Street bridge between Hawthorne and Tatum Waterway 81 st Street bridge between Noremac Avenue and Hawthorne . All identified waterway hotspots and a random sample of thirty (30) waterway non-hotspot locations will be assessed quarterly once during the week and once during the weekend during the daytime hours at the following times: • Weekday Daytime (between 8am and 5pm) • Weekday Nighttime (between 8pm and 12am) • Weekend Daytime (between 8am and 5pm) • Weekend Nighttime (between 8pm and 12am) • Weekend Late Night (between 12am and 8am) 35 Commission Memorandum -/TB 61 11/12 Waterway Resource Maintenance November 14, 2012 Pagel4 The City reserves the right to select and assess a larger sample size of waterway location, if needed. Cleanliness Index Objective of the Cleanliness Index The objective of the Public Area Cleanliness Index is to define a set of standards that can be used to measure the cleanliness of the City of Miami Beach's public areas. The public area that will be measured by this Invitation to Bid (ITB) is as follows: on I Environmental Using this index assessments of the public area are conducted to score the cleanliness of the area based on contributing factors. The cleanliness index and assessments will assist in achieving the following: • The index will provide a quantitative measurement to gauge the cleanliness of the City as it relates to the vision statement. • The departments responsible for cleaning the public area can use the data captured by the index to direct their efforts in improving their maintenance functions. For example, Sanitation may use their cleanliness rating score to evaluate whether the service level assigned to a street and sidewalk is sufficient to keep the area acceptably clean. • The index can assist the departments in determining what factors affect the cleanliness of the public area. • The index can evaluate if different initiatives and service levels are effective in making the public area cleaner. ITB PROCESS ITB No. 61 11/12 was issued on September 14, 2012, with a bid opening date of October 17, 2012. A pre-bid conference was held on September 24, 2012, and one (1) addenda was issued to provide additional information and respond to all questions submitted by the prospective bidders. Bid Net issued bid notices to nine (9) prospective bidders, and the Procurement Office issued an additional five (5) bid notices, which resulted in the receipt of the following three (3) bids from: • Adventure Environmental Inc. • Tow Tell Marine Services d/b/a H20 Tow • Water Management Technologies, Inc. 36 Commission Memorandum -ITB 61 11/12 Waterway Resource Maintenance November 14, 2012 Page 15 The ITB stipulated that award of this contract may be presented to the lowest and best bidders, as defined in General Conditions 1.36. In determining the lowest and best bidder, in addition to price, there shall be considered the following: • The ability, capacity and skill of the bidder to perform the contract. • Whether the bidder can perform the contract within the time specified, without delay or interference. • The character, integrity, reputation, judgment, experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with Applicable Laws relating to the contract. Prices were submitted for a monthly fee to determine the annual amount, at firm, fix rates. EVALUATION PROCESS The Technical Review Panel (the "Panel") consisting of the following City staff members met on October 24, 2012, to discuss each company's bid: Elizabeth Wheaton, Environmental Resource Manager Alberto Zamora, Director of Sanitation The Panel recommended Adventure Environmental Inc., (AEI), as the lowest and best bidder, for Waterway Resource Maintenance. The following prices were submitted by all bidders: Adventure Environmental, Tow Tell Marine Services Water Management Inc. LLC dba/H20 Tow Technologies, Inc. ill ANN. !lli!I EXTENDED EXTENDED EXTENDED DESCRIPTION 0~ gry, fB.!.ll AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Waterway Resource Maintenance r thy 12 $9,666.66 $115,999.92 $11,650.00 $139,800.00 $13,396.00 $160,752.00 American Environmental, Inc., (AEI), was founded in July 1997. AEI now focuses solely in government contracting in the marine environment with disciplines in dredging, canal bank stabilization, water control structure installation, aquatic vegetation removal and control, seagrass and coral restoration and general barge and crane work. Marine and debris removal and maintenance remains their primary discipline. AEI has built a fleet of customized watercraft designed specifically for waterway/marine trash and debris removal and have a full staff of experience and qualified project managers/supervisors, captains and skilled equipment operators and laborers. AEI is regularly contracted for these services and have successfully removed and disposed of 37 Commission Memorandum -ITB 61 11112 Waterway Resource Maintenance November 14, 2012 Page 16 hundreds of thousands of cubic yards of debris from large barges and derelict vessels in Louisiana/Mississippi after Hurricane Katrina to palm fronds on the beaches of Key West. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission award the contract pursuant to Invitation to Bid (ITB) No. 61 11/12, for the Waterway Resource Maintenance to Adventure Environmental, Inc., in the estimated annual of amount of $115,999.92. T:\AGENDA\2012\November2012\consent\Waterway Maintenance-Memo.doc 38 THIS PAGE INTENTIONALLY LEFT BLANK 39 C4 COMMISSION COMMITTEE ASSIGNMENTS 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 ~m7sion FROM: Kathie G. Brooks, Interim City Manager ~ DATE: SUBJECT: November 14, 2012 REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE: DISCUSSION OF THE CITY'S DRAFT TREE ORDINANCE PREPARED BY THE PARKS AND RECREATION DEPARTMENT'S GREEN SPACE MANAGEMENT DIVISION ADMINISTRATION RECOMMENDATION Refer the item to the Land Use and Development Committee for discussion. BACKGROUND The City of Miami Beach adopted the current version of the Article II. Care and Maintenance of Trees and Plants Division 2 Trees code on November 8, 2001. Since that time there has been substantial positive growth of the City's urban forest. A major reforestation effort was approved and initiated in FY 2006/2007 and has continued since. This effort, combined with neighborhood tree installations in conjunction with CIP improvements, has planted over 9,000+ reforestation trees in the city's streetscapes, parks and other public spaces. The primary goal for any urban forestry program is sustainability. In order to adequately sustain, protect and increase the value of the urban forest the development of a strong tree ordinance is of paramount importance. The City of Miami Beach is currently subject to Miami Dade County's tree preservation and protection ordinance. The present City tree code does not qualify for an exemption due to a lack of adequate specifications and is therefore not officially recognized. In that light the tree code was redrafted to incorporate many of the tenants present in the current Miami Dade County tree preservation and protection ordinance, with additional specifications uniquely tailored for the City of Miami Beach's urban forest. Adoption of the revised code will allow for official exemption from Miami Dade County tree removal permitting regulations, and also provide a potential urban forest management funding source. Some of the key revision and comparison points include: • Miami Beach gains control over its urban forest. The city has qualified professional staff to manage the city's tree inventory, but at present, the city must obtain Environmental Resource Management (ERM) approval and an ERM permit to relocate or remove trees. This delays recommended management activities and costs money every time the city applies for an ERM permit. • Defines the duties and authority of the city Urban Forester, establishing this person as individually responsible for managing the city's trees. The Urban Forester is the City official who is responsible for the management of the City's urban forest and 41 Agenda Item C VA Date II-i 1./-12.. City Commission Memorandum Referral to Land Use and Development Committee-Draft Tree Ordinance November 14, 2012 Page2 of2 who is assigned to carry out the enforcement of this ordinance. In matters of tree planting, maintenance, removal, relocation, fertilization, bracing and all other activities and practices that require knowledge of trees and expertise in arboricultural practices, the Urban Forester is the City's designated authority. • Creates a Tree Preservation Trust Fund to collect fees, penalties and donations. This fund shall solely be used for the planting of trees in Miami Beach and any other ancillary costs associated with the planting, establishment or preservation of trees. • All fees, mitigation payments, and penalties will be paid to Miami Beach, rather than the county. • Adopting the revised code would streamline permitting for tree removals and relocations by eliminating the need to involve and or obtain permission from county Environmental Resources Management (ERM) personnel which in turn saves time and costs for City residents. • The revised code creates a Heritage Tree designation to recognize and protect trees of unique character and high value. This allows the City to protect any tree, palm or tree grouping with a historical value and also includes a strong mechanism to help prevent any unauthorized removals of the trees and understory. The process to determine the removal of Heritage Trees would be developed as the discussions of the draft Tree Ordinance progress. At this time the draft Tree Ordinance has been submitted to Miami-Dade County Department of Regulatory and Economic Resources, Environmental Resources Management Division's Tree Program for review and comments. Ultimately, the City's proposed Tree Ordinance will need to be approved by the Miami-Dade-Board of County Commissioners and the City of Miami Beach City Commission prior to enactment. CONCLUSION The Administration recommends that the Mayor and City Commission refer the matter to the Land Use and Development Committee for discussion and further direction. 42 C4 -Commission Committee Assignments C4B Referral To The Neighborhood/Community Affairs Committee -Discussion Regarding Traffic Flow On 151 Street, In The Area East Of Alton Road And West Of Washington Avenue. (Requested by Commissioner Deede Weithorn) 43 Agenda Item Date THIS PAGE INTENTIONALLY LEFT BLANK 44 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Kathie Brooks, Interim City Manager FROM: Michael Gongora, Commissioner DATE: November 5, 2012 SUBJECT: Referral Item for November 14 Commission Meeting Please place on the Nov 14 Commission meeting consent agenda a referral to the Finance Committee for discussion concerning the lease for the Miami Dade Gay and Lesbian Chamber of Commerce Foundation located at Historic City Hall at 1130 Washington Ave. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df 45 Agenda Item Cl((_ Date 1/-I lf-12_ THIS PAGE INTENTIONALLY LEFT BLANK 46 C6 COMMISSION COMMITTEE REPORTS (") en MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov To: From: Date: COMMITTEE MEMORANDUM Mayor Matti Herrera Bower and Members of the City C/ission Kathie G. Brooks. Interim City Manager /fi ;<--- November 14, 2012 Subject: REPORT OF THE CAPITAL IMPROVEMENT PROJECTS OVERSIGHT COMMITTEE MEETING OF SEPTEMBER 10, 2012 A meeting of the CIP Oversight Committee was held on Monday, September 10, 2012. The meeting was called to order at 5:47p.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. govlvideolvideo.asp Please note: Minutes reflect the order of the meeting according to the printed agenda. Items were taken out of order. Refer to the times at the right of the page for when the item was heard. 1. ATTENDANCE 2. See attendance sheet copy attached. Saul Gross asked the two newest members of the Committee, Brian Ehrlich and Robert Rabinowitz to introduce themselves. REVIEW AND ACCEPTANCE OF MINUTES 5:47p.m. Report of the Capital Improvement Oversight Committee Meeting of July 16, 2012 MOTION: Acceptance of Report (Minutes) of the July 16, 2012 CIPOC Meeting. MOVED: D. Kraai 2"d: T. Trujillo PASSED: UNANIMOUS 3. PUBLIC COMMENTS No one came forward with public comments 4. OLD BUSINESS I REQUESTED REPORTS a. North Beach Neighborhoods Status Report: Normandy Isle Neighborhood 6:51 p.m. Mattie Reyes, Senior Capital Projects Coordinator reported that the relocation of the Royal palms on Bay Drive is complete, additional new landscaping will be installed by the Parks and Recreation Department, through Greenspace Management. The lighting on Marseille Drive is complete. Lockwood, Andrews & Newman (LAN) submitted proposals which are under review for the swales, aprons and pavers. Status on Biscayne Point Neighborhood Improvement Project 6:52 p.m. Carla Dixon explained that timeline for completion of the overall project is on track for September 2013. At the time of the meeting, 80% of the watermain installations were complete, with 98% on Stillwater and 95% on Biscayne Beach. 48 Agenda Item C..(,/) Date /111/-/2.... C/POC MEETING MINUTES, September 10, 2012 Page 2 of6 Two of the three hot spot drainage locations are complete. At the time of the meeting, the third well was being drilled. the lighting is installed on Biscayne Point Island, the City awaits FPL to energize the lamps. New light pole bases are being installed on Stillwater Drive. Crews are repairing and installing sidewalks on Biscayne Point Island. Schwebke Shiskin (a firm hired from a rotational list to survey concrete flatwork) performed a survey of the sidewalk and curb & gutter repair and work to be done and they found the work being done to replace and repair sidewalks on the island to be within the budgeted amount. The brick pavers on the bridge to the island should be completed this December. Hardscape design is currently under review by the Public Works Department. Albert Dominguez, of DMSI, Inc, spoke about the work being done. He stated that 50% of the drainage had been completed on Stillwater Drive and three weeks of heavy construction was anticipated to follow, then work would continue on reconstruction of curb and gutter, then the installation of shade trees and road resurfacing. In response to a question by Saul Gross as to when Stillwater Drive would receive first lift of asphalt, Mr. Dominguez stated that Stillwater Drive will require some additional reconstruction work before the final paving is done. Some additional roadwork, including widening and some landscaping areas will go in first. The newest cross- section design eliminated the bump-outs so there is no loss of parking. Mr. Dominguez promised that work on Biscayne Point Island will be complete by the end of the year, Stillwater shortly after that and Biscayne Beach and all of the close out for all three areas by September, 2013. b. Middle Beach Neighborhoods Status Report: Central Bayshore Improvements 7:00p.m. Maria Hernandez, Senior Capital Projects Coordinator said that the project is 35% complete overall, with 100% of the water main installation done. 15% of the drainage, which includes five pump stations, is complete. The additional scope, labeled as Phase 2 of the project, which was approved at the last Commission meeting, includes additional drainage and other improvements. This work will take place in the area of 34 Street south to 28 Street, between Pine Tree Drive and Prairie Avenue. More landscaping is also included. Saul Gross asked about integration with the Par3 golf course. Bert Cabanas, Capital Projects Coordinator spoke about the project, including the fact that a sidewalk extension will be installed to connect the high school to the Scott Rakow Youth Center. The City anticipates being able to secure the Guaranteed Maximum Price by the end of the year, with construction to take less than one year. Anticipated completion of the Par3 is September 2013. Status Report: Lake Pancoast Improvements 7:08p.m. Maria Hernandez, Senior Capital Projects Coordinator said that 100% of the drainage work is complete in this historic section of Bayshore. Now the contractor is installing landscape and hardscape. All the pump stations will be completed by December. The paving, brickwork and roundabout will be completed by the end of the year. Status Report: Sunset Islands I & II 7:09p.m. Maria Hernandez, Senior Capital Projects Coordinator said that 100% of the water mains are installed on both islands. All the homes on Sunset Island 2 are now connected to the new water line. 93% of the drainage structures are installed. F:\CAPI\$aii\Comm. & CIPOC\Commission ltems\2012\11-November\CIPOC September 10 Meeting Minutes.docx 49 CIPOC MEETING MINUTES, September 10,2012 Page 3 of6 Utility conflicts are of major concern in this project. Maria anticipates that the project will be completed by the end of April 2013, barring any additional issues in the coordination with utility companies. Nelson Liberti, of DMSI, spoke about the occurrences of muck on the islands. He said it was bad on the east side of the island. Elizabeth Camargo spoke about her experience as a resident on the islands. She stated that conditions have been muddy and dusty, but overall the construction has moved along well. She asked further about the responsiveness of AT&T. Maria Hernandez explained that it has been difficult to work with the utility companies because they have not been responsive and are being uncooperative. The discussion continued on the difficulties of working with the utility companies because if they are slow and/or unresponsive, it causes delays for the contractor. There was also discussion about the current requirements of the franchise agreements with utilities. Status Report: Sunset Islands Ill & IV 7:31 p.m. Rick Saltrick, Acting City Engineer said that the design criteria professional, CT3S is expected to complete the design criteria package by the end of the year. The Homeowners Association (HOA) will vote by ballot in December and on whether they want to underground the utilities. They have estimates of probable cost from all three utilities. Status Report: Lower North Bav Road 7: 33 p.m. Maria Hernandez told the Committee that the work on Lower North Bay Road will begin before the end of the year. The road will not be increased in width and all the utilities remain above ground. The contractor is Trans Florida Development. Robert Rabinowitz confirmed that the residents of Lower North Bay Road have decided not to proceed with the placement of undergrounding and are making no provisions to do this in the future, c. South Beach Neighborhoods Status Report: Venetian Island Neighborhood Improvement ProJect 7:39p.m. Roberto Rodriguez, Capital Projects Coordinator, explained that the project is in the bidding process. Potential bidders made many inquiries. The City has requested an extension to perform additional boring and utility identification. Target construction start is early next year. Status Report: Palm & Hibiscus Island Undergrounding 7:48p.m. Mattie Reyes, Senior Capital Projects Coordinator, said that the DCP documents are to be submitted by the end of September. While waiting for the DCP, the City is advertising in October to pre-qualify bidders. Up to four design/build firms will be selected and they are to submit proposals. Status Report: South Pointe Phase, Ill. IV & V Neighborhood Improvement Project 7:49 p.m. Carla Dixon, Capital Projects Coordinator, said that water distribution system has been 80% installed and the added 12" water line on Ocean Drive is at about 30% complete. Contractor is transferring services. The Stormwater system is complete and undergoing testing. All inspections have passed. The pump station at Washington Avenue and South Pointe Drive has been energized. The entire drainage system will be in operation by January 2013. F:\CAPII$aii\Comm. & CIPOC\Commission ltems\2012111-November\CIPOC September 10 Meeting Minutes.docx 50 CIPOC MEETING MINUTES, September 10, 2012 Page 4 of6 5. The landscaping is 90% complete. The final lift of asphalt will be placed after the stormwater testing is complete. Landscaping is moving from the south to the north. This project will be 100% complete by next summer. COMMISSION ITEMS: South Pointe Pier Project 6:35p.m. Mattie Reyes, Senior Capital Projects Coordinator, presented the item. The City successfully negotiated the Guaranteed Maximum Price for construction management services with the Weitz Company. An estimate prepared by a third party showed that the price of $4,809,017 was within 1% of the bid price. Some of the add-alternate items were included in the amendment and the price remained within 1% of the bid price. The original budget was $4 million. Additional scope and market fluctuations since the original budget was set (2005) elevated the cost. Additional scope included an entrance plaza and higher-end materials. The pier also includes fish cleaning stations and bait wells. The design of the new pier is very close to the original pier (the "telescope"). The new gate to the pier will not only provide security, but will be done as an Art in Public Places installation. Tobias Rehberger, the same artist who designed the "obstinate lighthouse" in South Pointe Park, has submitted a design that is to go before the Art in Public Places Committee for approval in November. Tony Trujillo asked when construction would commence. Mattie responded that it will begin in early 2013. This is later than anticipated because of additional review by the Army Corps of Engineers. The existing structure will be demolished at the end of this year, to be replaced by the new pier. The new pier will be open during park hours and will feature turtle safe lighting. There is a FIND grant for engineering fees of $323,000 and another grant was applied for $900,000. Some of the coral will be relocated, as required by the environmental permits. The life span of the new pier is expected to be approximately 40 years. Christina Cuervo asked that in the future when negotiating GMP, the City provide a line item breakdown of probable cost estimates in order to compare the GMP with the original estimate. There is a split in the savings of 75/25, with 75% of cost savings to go back to the City. MOTION: MOVED: Recommend to the Mayor and Commission to pass the resolution. S. Kilroy 2"d: E. Camargo PASSED: UNANIMOUS Hiring Construction Management Firm on As-Needed Basis 5:49 p.m. Dwight Kraai attended the City's community meeting on August 17 that focused on the developing Stormwater Master Plan and the expected consequences and response to sea-level rise. He wanted to bring this discussion into the consideration of this Commission item. Fernando Vazquez, Director of CIP, explained that CIP intends to bring in consultants from a rotating list to provide construction management services in support of the office. Saul Gross sat on the evaluation committee for selecting the firms in consideration. He opined that he favored using several firms, each on different projects. The three firms selected are COM Smith, Inc., Atkins North America, Inc., and AECOM Technical Services, Inc. The Evaluation Committee recommended that the City negotiate with an additional firm: APCL/Pirtle, as the tertiary selection, because the scores were the same for the two firms ranked second. Chairman Gross stated that F:\CAPI\$aii\Comm. & CIPOC\Commission ltems\2012\11-November\CIPOC September 10 Meeting Minutes.docx 51 CIPOC MEETING MINUTES, September 10, 2012 Page 5 of6 he was concerned that the selected firms have construction management skills more in the interest of the contracting work than engineering -to keep the projects on schedule and identify cost-saving opportunities where possible. He also expressed desire to get these consultants on board as early as possible, bringing contractor expertise to the design phase. Mr. Vazquez explained that the selected firms have experience in construction management. Mr. Gross also mentioned a recurring concern: That the City ought to develop a scoring methodology to keep track of the performance of various contractors who do public construction. He pointed out that one of the proposers for this contract had been in litigation with the City, which he found to be troubling. He mentioned that the evaluation committee for the selection of the construction management firm did not have the benefit of analysis by the City of any of the contending firms' prior work with the City. Dwight Kraai stated his opinion that as the firm that consulted with the City for the design of the Coast Guard Booster Pump Station (South of Fifth), COM Smith gave the City poor advice, based on "improbable projections" of use. He further opined that COM Smith does not operate in the best interest of the City. Saul Gross, Stacy Kilroy and Fernando Vazquez recalled that additional information came to light before the construction phase and this information prompted the City to halt the intended project. Fernando brought the conversation back to the Commission item. The informational materials provided on the item outline the work for construction management services only. As to Mr. Kraai's concerns about COM Smith's competency to provide construction management services, the issue of advisement on the booster pump station is specific engineering analysis services dealing with hydraulics, finances and impacts to the City, and the item before commission is to hire firms that can assist the City in completing projects on time and on budget. Mr, Kraai continued the discussion with his concerns about the calculations used in determining engineering to respond to sea-level rise. He noted and had concerns over several technical items within the presentation of data provided by COM Smith in the Stormwater Master Plan. Saul Gross explained that Mr. Kraai is asking that the City bring COM to the Commission to have them explain whether the Coast Guard Booster Pump Station Project was abandoned based on discovered information --as Mr. Gross recalls it --or whether it was abandoned based on Mr. Kraai's claim that it was based on "faulty assumptions in COM's analysis." Mr. Kraai specifically mentioned the calculations and predictions regarding sea rise, which he found to be inconsistent over time. He stated that he lost trust in COM's presentation of data. Stacy Kilroy pointed out that the recommendation by City Staff to hire COM Smith, rates the firm as excellent. Rick Saltrick, Acting City Engineer, responded to Mr. Kraai's concerns with specific technical answers. Saul Gross pointed out that the City of Miami Beach is in the vanguard in considering the endeavor of a comprehensive stormwater plan and is farther along than other US coastal cities by including response to sea-level rise in their capital plan. Mr. Saltrick explained some details about the recommended service levels under the new stormwater master plan. Should the actual sea level rise be lower than what the system is designed for, the result would be a system that delivers a higher level of service. The Florida Department of Transportation will begin construction of several pump stations on Alton Road beginning in April 2013. F:\CAPI\$aii\Comm. & CIPOC\Commission ltems\2012\11-November\CIPOC September 10 Meeting Minutes.docx 52 C/POC MEETING MINUTES, September 10, 2012 Page 6 of6 Mr. Kraai stated that if COM Smith was still being considered for hire, he would not vote in favor of this item. He further stated that he felt the firm was "not a competent company to be hired to do this sort of work." Mr. Gross asked for clarification of the role of Schwebke Shiskin, as they are paired with COM for this bid, and he asked about the division of duties as it pertains to this proposed contract. Acting CIP Assistant Director, David Martinez, explained that Schwebke Shiskin would provide local expertise and support services in design and RPR (Resident Project Representative) services. Mr. Gross said that some of the [evaluation] committee members were partially swayed to support COM and rank them higher because they thought Schwebke Shiskin as an affiliate provided added value based on their experience. Stacy Kilroy suggested investigating whether the project managers and staff are the same as those who worked on the pump station project evaluations, stating that COM is a very large firm. The project team is likely to be entirely different than the teams who worked on previous work for the City of Miami Beach. Discussion continued about the process by which the Interim City Manager came to the recommendation as stated in the memo for this item. Tony Trujillo moved the item, accepting the qualifier as stated by Saul Gross based on Dwight Kraai's recommendation. He stated that the Committee should "not go too far into second-guessing the staff on this." Saul Gross read the motion as follows: "... approve the evaluation committee [recommendation] as modified by the Assistant City Manager's recommendation, with the qualification that COM be asked to come and qualify the issue that we discussed before about why the pump station project in South Pointe was abandoned and was as a result of after acquired facts from when the project was started or as a result of analysis of the existing criteria that they had a change of heart about." MOTION: Recommend to the Mayor and Commission to pass the resolution. *With Revision: Additional recommendation that the Top-ranked firm of COM appear before Commission to explain and qualify their position to advise the City not to move forward in construction of the Coast Guard Booster Pump Station MOVED: T. Trujillo 2"d: R. Rabinowitz PASSED: SIN FAVOR /1 OPPOSED: D. Kraai /1 ABSTAINED: C. Cuervo NOTE: at 6:35p.m., Mr. Kraai left the meeting. Additional Discussion: 7:54p.m. City Center 9A Additional Discussion: 7:57p.m. Sunset Harbour Garage: TCO was obtained Friday, September 7, 2012 Meeting Adjourned: 7:59 p.m. Next CIPOC meeting is scheduled for Monday, October 22, 2012 at 5:30p.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. F:\CAPI\$aii\Comm. & CIPOC\Commission ltems\2012\11-November\CIPOC September 10 Meeting Minutes.docx 53 MIAMI of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSIO MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager ;J;{A ~ DATE: November 14, 2012 SUBJECT: REPORT OF THE NOVEMBER 5, 2012 LAND USE AND DEVELOPMENT COMMITTEE MEETING A Land Use and Development Committee meeting was held on November 5, 2012. Members in attendance were Commissioners Gongora and Libbin. Mayor Bower also joined the Committee. Members from the Administration and the public were also in attendance. Please see the attached sign-in sheet. The meeting was called to order at 4:20 pm. I. ITEMS FOR WITHDRAWAL II. 1. DISCUSSION REGARDING OF PROPERTY AT 1 APRIL 13,2011 CITY COMMISSION AFTER-ACTION: WITHDRAWN. (Not to be placed back onto LUDC agenda without a new referral approved by City Commission.) 1. a) DISTRICT 19, 2 LUDC CITY COMMISSION COMMISSION ITEM R5A) AFTER-ACTION: 54 City Commission Memorandum Report of Land Use & Development Committee Meeting of November 5, 2012 Page 2 of5 1. b) PROPOSED ALTON ROAD HISTORIC DISTRICT BUFFER OVERLAY (RETURNING FROM THE MAY 18,2011 LUDC MEETING ORIGINALLY REQUESTED BY CITY COMMISSION ~ARY 19, 20111TEM R5D) AFTER-ACTION: DEFERRED TO DECEMBER 19.2012 2. DISCUSSION REGARDING A RESOLUTION BY THE HISTORIC PRESERVATION BOARD TO MODIFY THE CODE GOVERNING THE VOLUNTARY DESIGNATION OF SINGLE FAMILY HOMES. (RETURNING FROM THE JULY 25, 2012 LUDC MEETING ORIGINALLY REQUESTED BY MAYOR MATTI HERRERA BOWER SEPTEMBER 14.2011 CITY COMMISSION MEETING, ITEM C4M) AFTER-ACTION: William Cary introduced the item, explaining that architecturally significant homes that are proposed for demolition that were built prior to 1966 would be subject to ORB review. He also mentioned the issue of the discount from building permit fees. The Committee discussed including waiving Design Review Board fees in lieu of a building permit fee discount. MOTION: Libbin/Gongora: (2-0) Refer to Planning Board. 3. REDUCED PARKING RATES FOR HOTEL EMPLOYEES. (DEFERRED FROM THE SEPTEMBER 19, 2012 LUDC MEETING ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON, OCTOBER 19,2011 CITY COMMISSION MEETING, ITEM C4K) AFTER-ACTION: DEFERRED TO DECEMBER 19, 2012 4. REVIEW OF MIAMI BEACH LAND USE BOARDS TO IMPROVE THE CITY OF MIAMI BEACH BUILDING AND PLANNING DEPARTMENT PROCESSES. a). MINIMUM UNIT SIZES FOR HISTORIC HOTELS & RM-2 TOWER SETBACKS 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, ENTITLED "ZONING DISTRICTS AND REGULATIONS", BY AMENDING ARTICLE II, ENTITLED "DISTRICT REGULATIONS", BY AMENDING SECTION 142-155 TO MODIFY THE REQUIREMENTS FOR MINIMUM AND AVERAGE HOTEL ROOM SIZE FOR HISTORIC HOTELS WITHIN THE RM-1 DISTRICT; BY AMENDING SECTION 142-217 TO MODIFY THE REQUIREMENTS FOR MINIMUM AND AVERAGE HOTEL ROOM SIZE FOR HISTORIC HOTELS WITHIN THE RM-2 DISTRICT; BY AMENDING SECTION 142-218 TO MODIFY THE TOWER SETBACK REQUIREMENTS WITHIN THE RM-2 DISTRICT; BY AMENDING SECTION 142-246 TO MODIFY THE 55 City Commission Memorandum Report of Land Use & Development Committee Meeting of November 5, 2012 Page3 of5 REQUIREMENTS FOR MINIMUM AND AVERAGE HOTEL ROOM SIZE FOR HISTORIC HOTELS WITHIN THE RM-3 DISTRICT; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. b). RM-3 ACCESSORY USE SIGNAGE 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 V, ENTITLED "SIGN REGULATIONS BY DISTRICT", BY AMENDING SECTION 138-172 TO MODIFY THE REQUIREMENTS FOR HOTELS AND APARTMENT BUILDINGS WITHIN THE RM-3 DISTRICT; BY AMENDING SECTION 138-8 TO MODIFY THE REQUIREMENTS FOR HOTELS AND APARTMENT BUILDINGS WITHIN THE RM-3 DISTRICT; BY AMENDING SECTION 138-171 TO MODIFY THE REQUIREMENTS FOR HOTELS AND APARTMENT BUILDINGS WITHIN THE RM-3 DISTRICT; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. c). POOL SETBACKS AND MECHANICAL EQUIPMENT SETBACK ENCROACHMENTS 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, ENTITLED "ZONING DISTRICTS AND REGULATIONS", BY AMENDING ARTICLE IV, ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS", BY AMENDING SECTION 142-1133 TO MODIFY THE REQUIREMENTS FOR THE CONSTRUCTION OF SWIMMING POOLS ON CORNER AND THRU LOTS WITHIN SINGLE FAMILY DISTRICTS; BY AMMENDING SECTION 142-1132 TO MODIFY THE SETBACKS FOR CENTRAL AIR CONDITIONERS AND OTHER MECHANICAL EQUIPMENT; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. (DEFERRED FROM THE SEPTEMBER 19, 2012 LUDC MEETING ORIGINALLY REQUESTED BY COMMISSIONER MICHAEL GONGORA MARCH 21 1 2012 CITY COMMISSION MEETING, ITEM C4M) AFTER~ACTJON: DEFERRED TO DECEMBER 19, 2012 5. DISCUSSION OF RFP FOR TENNIS MAINTENANCE AND BIFURCATING MAINTENANCE AND OPERATIONS. (DEFERRED FROM THE SEPTEMBER 19, 2012 LUDC MEETING ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON JUNE 61 2012 CITY COMMISSION MEETING, ITEM C4H) AFTER-ACTION: DEFERRED TO DECEMBER 19 1 2012 56 City Commission Memorandum Report of Land Use & Development Committee Meeting of November 5, 2012 Page 4 of5 6. DISCUSSION REGARDING MIAMI BEACH UNITED RESOLUTIONS TO ADDRESS THE ISSUE OF COMPATIBILITY OF CERTAIN USES IN PROXIMITY TO RESIDENTIAL USES, TO CREATE SAFEGUARDS WHILE STILL ALLOWING FOR FLEXIBILITY OF DEVELOPMENT. (REFERRED BY COMMISSIONER MICHAEL GONGORA JULY 18,2012 CITY COMMISSION MEETING, ITEM C4F) AFTER-ACTION: Richard Lorber introduced the item, explaining that staff research supports a distance of 100 feet from a residential zoning district, which would capture restaurants on side streets adjacent to Lincoln Road, but not the Lincoln Road sidewalk cafe's themselves. Nancy Liebman spoke in favor of the original MBU resolution, requiring a distance of 200 feet, and imposing mandatory opening hours restrictions rather than Planning Board Conditional Use approval. Sheryl Gold spoke out in favor of the original resolution rather than staff's suggestion for 100 feet and Conditional Use. Christine Florez spoke on behalf of West Avenue, and expressed frustration with the impact of certain businesses upon nearby residents. Arthur Marcus, Adam Shedroff, Gayle Durham, Jack Johnson and Frank DelVecchio spoke out against sidewalk cafes which could have negative impacts upon nearby residents. Lucia Dougherty spoke regarding the Park @ 420 Garage and their proposed sidewalk cafe, and expressed concern about the proposed hours of operation. Commissioner Libbin expressed the need for more study by staff, focusing on different specific neighborhoods, with the aim of protecting residents but excluding those zones that currently have multiple sidewalk cafes. Commissioner Gongora expressed the desire for clear ground rules. With regard to the second MBU resolution, Richard Lorber introduced the item and mentioned the Palau development and Cabi development as examples of conflicts between new proposed developments and single family neighborhoods. Nancy Liebman, Mark Needle, Christine Florez, and Sheryl Gold all spoke in favor of the MBU resolution and the need to address developments which have the potential to impact residential neighborhoods. MOTION: Libbin/Gongora: (2-0) Staff to do a further analysis of areas that have sidewalk cafes and bring back information and recommendation regarding different neighborhoods, to be brought back for the December meeting. MOTION: Libbin/Gongora: (2-0) Staff to further analyze the MBU resolution and bring back to the next LUDC meeting. 7. DISCUSSION REGARDING THE ENVIRONMENTAL IMPACTS OF ARTIFICIAL TURF. (REFERRED BY CITY COMMISSION JULY 18, 2012 CITY COMMISSION MEETING, ITEM RSH) AFTER-ACTION: Fred Beckmann introduced the matter regarding the environmental impact of use of artificial turf. Staff has reviewed the issue, and determined the positive aspects are the absence of water, fertilizer, and maintenance. Areas of concern are the increased surface temperature, which could affect users, potential for the turf material to possibly leach gases into the atmosphere, however, limited studies indicate this potential is low; and reduction of rainwater flowing into the ground and increases in groundwater runoff. 57 City Commission Memorandum Report of Land Use & Development Committee Meeting of November 5, 2012 Page 5 of5 Staff recommends the use of artificial use for athletic fields and high-intensity use areas. Staff will monitor the environmental impacts of artificial grass on athletic fields, for example, temperature, drainage, etc. to evaluate the materials' performance and possible effect on usability. Mayor Bower expressed her continuing concern regarding the potential negative environmental impact of the use of artificial grass. MOTION: Gongora/Libbin: (2-0) Refer the matter to the Sustainability Committee. 8. DISCUSSION CONCERNING THE MOTION REGARDING HOURS OF OPERATION FOR CLUBS AND BARS DURING SPECIAL LGBT EVENTS PASSED BY THE LGBT BUSINESS ENHANCEMENT COMMITTEE. {REFERRED BY COMMISSIONER MICHAEL GONGORA SEPTEMBER 12. 2012 CITY COMMISSION MEETING, ITEM C4E) AFTER-ACTION: Max Sklar explained that this request has come up in previous years. The timing of the approvals in past years meant only some events were approved. Frank DelVecchio spoke, questioning the rationale for approval of the extended hours. Victor Diaz-Herman of the Winter Party organization spoke in favor of the extended hours. MOTION: Gongora/Libbin: (2-0) Recommend approval of extended hours for Winter Party and White Party only. 9. DISCUSSION REGARDING FOOD TRUCKS ON PRIVATE PROPERTY (REQUESTED BY COMMISSIONER JONAH WOLFSON SEPTEMBER 12, 2012 CITY COMMISSION MEETING, ITEM C4K) AFTER-ACTION: DEFERRED TO DECEMBER 19.2012 NEXT MEETING: DECEMBER 19,2012 (MOVED FROM DECEMBER 17, 2012.) Attachment KGB/ t:\agenda\2012\11-14-12\ludc meeting of november 5, 2012 afteraction.docx 58 1. 2. 3. 4. 20. NAME LAND USE AND DEVELOPMENT COMMITTEE MEETING November 5, 2012 @ 4:00 pm City Manager's Large Conference Room Attendance Sheet CONTACT NUMBER I I WISH TO RECEIVE THE AGENDA ELECTRONICALLY M:\$CMB\ccuPtiAfES\l..ianci Usearui Development Commi!lee\2:012\Sign In Sheet zti1z.aocx \.,/"' 1.1 _, ~ Ji @ @ @ 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, Kathie G. Brooks, Interim City Managerp DATE: November 14, 2012 SUBJECT: REPORT OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE HELD ON MONDAY, OCTOBER 15, 2012. A meeting of the Neighborhood/Community Affairs Committee was scheduled for Monday, October 15, 2012 at 3:00 pm and was held in the City Manager's Large Conference Room, 41h Floor of City Hall. Commissioners in attendance: Commissioners Jerry Libbin, Jorge Exposito and Jonah Wolfson (arrived at 4:50pm). Members from the Administration and the public were also in attendance. Please see the attached sign-in sheet. THE MEETING OPENED AT 4:35 PM. 1. Discussion Regarding Landscape Encroachments in Single Family Neighborhoods. (5:15PM) Public Works Department Director Fred Beckmann explained the process for handling complaints regarding encroachments and that, as a matter of policy, the City has enforced encroachments on public right of ways on a complaint-driven basis. He also reviewed how the City handles encroachments when they are determined to interfere with a City capital project. Alan Fishman spoke. Commissioner Libbin asked why this item is on the agenda if the issue for Mr. Fishman has been resolved. Chief Deputy City Attorney Raul Aguila responded that it may have been originally referred to address Mr. Fishman's problem, which is now resolved and that there is no recommendation for policy changes at this time. Commissioner Exposito stated that at some point, residents must take responsibility to maintain what they plant and it may include trimming it back on a regular basis to prevent encroachment into the right of way. He asked if a routine neighborhood round could be coordinated by the City or Code. Code Compliance Division Director Robert Santos-Aiborna replied that in the case of Mr. Fishman, a courtesy notice was issued due to a complaint received and reiterated that current policy is to address encroachments as complaints are received unless a policy change is directed. Mr. Aguila added that the current policy was set due to resource limitations so encroachments are addressed when complaints are received or they impact capital projects. Interim City Manager Kathie Brooks added that it is important to differentiate between encroachments like hedges that are impeding sidewalk access versus other encroachments of which there are a lot throughout the City on swales. Commissioner Lib bin stated that he believes dealing with this on a complaint basis is probably the best way to deal with it. Commissioner Wolfson concurred with Commissioner Libbin. 60 Agenda Item C (, C Date --:;11~-::...,1~0--b..,...'l. City Commission Memorandum November 14, 2012 Report of the Neighborhoods/Community Affairs Committee of October 15, 2012 Page 2 of7 Paul Janas spoke. Mr. Santos-Aiborna clarified that if a life-safety issue is identified then Code Compliance will address it proactively. Mr. Fishman spoke regarding his feeling that he was put into an untenable situation. Mr. Aguila advised Mr. Fishman that he had assumed the risk by maintaining the hedge on a public right-of- way. He responded to Mr. Fishman clarifying for him that the notice was issued as a result of a complaint. Carla Probus spoke. Commissioner Exposito suggested Administration implement an education campaign to the community regarding resident responsibility to maintain plantings so they do not encroach into the public right of way; to include a segment on MBTV77. Mr. Fishman suggested putting the information in the water bill and Mr. Sklar suggested utilizing the MB Magazine. ACTION: The Committee (Commissioners Libbin, Exposito, and Wolfson present) directed the Administration to implement an education campaign to the community regarding resident responsibility to maintain plantings so they do not encroach into the public right of way; to include a segment on MBTV77, possible inclusion in the water bills and MB Magazine. 2. Discussion Regarding Proposed Amendments To The City's Film And Print Guidelines. (6:28PM) Acting Assistant City Manager Max Sklar explained that after the last meeting of the NCAC with three (3) hours of public comment on this issue, this item is back for direction from the committee. Commissioner Libbin suggested establishing a program that would allow residents to register for a "do not contact" list that would prevent them from being contacted for an approval to allow filming next to their property. Registration would be allowed during a specified window each year and no one would be able to remove themselves from the list during that year. This would allow the industry to know which houses are clear to work around. Commissioner Exposito prefers that the registry be to prevent contact to request extensions of time for film permits at neighboring properties. This would mean that permits would only be up to five (5) days and no extensions can be requested of the neighbors. Commissioner Libbin stated that he would be agreeable to that. Mr. Sklar suggested those that had signed the list could be contacted for extensions beyond the permitted five (5) days however if they declined then the production company would not have the right to appeal. Commissioner Wolfson questioned whether allowing someone to sign off to waive someone else's right to appeal would violate due process. Film and Print Production Manager Graham Winick reviewed the current appeal process. Christina Labuzetta spoke. Ethan Weissman spoke Noreen Legault spoke. Mr. Sklar advised that Commissioner Tobin had expressed a desire to be part of this conversation 61 City Commission Memorandum November 14,2012 Report of the Neighborhoods/Community Affairs Committee of October 15, 2012 Page 3 of6 so Mr. Sklar offered to, with the Committee's direction, to bring discussion back to the NCAC in November with some drafted alternatives, based on the discussion today, for the committee's review. ACTION: The Committee (Commissioners Libbin, Exposito and Wolfson present) concurred to bring this discussion back to the November meeting of the NCAC with some drafted alternatives from the Administration for their review. 3. Discussion Regarding A Review Of The City's Special Event Permit Policy, Which Does Not Allow For Any New Events During Spring Break And Ultra Festival. (5:52PM) Acting Assistant City Manager Max Sklar reviewed the history behind the current policy to decline requests for new events during the spring break period. He added that some successful events held on private property the past several years are outgrowing the capacity of the property and are asking the City to consider allowing them to expand onto public property or run the risk of losing these events and the revenue generated by them to areas outside of Miami Beach. Mr. Sklar explained that the Administration believes it is critical to be able to successfully manage public special events in enhanced staffing periods, like March. However, in an effort to maintain existing business, the City may wish to consider additional criteria not previously addressed. He then reviewed some revisions to the policy to be considered. The two questions to the committee are whether the City should amend the policy and if so what criteria would be used in determining which events would be allowed to use public property during these peak periods of time. Commissioner Exposito expressed that he likes the criteria laid out in the memo. Commissioner Libbin clarified that this is allowing an applicant to be considered and yet does not give an applicant a right to be approved. Commissioner Wolfson asked for clarification in the criteria to ensure that the event cannot coexist in both the former private property and the public property. Frank Del Vecchio spoke. Carla Probus spoke. Christina Labuzetta spoke. Paul Janas spoke. Commissioner Wolfson made the motion to recommend approval to the City Commission with the clarification that the event on public property cannot coexist on private property. Motion seconded by Commissioner Libbin. Commissioner Exposito had stepped out for a moment just before the motion. ACTION: The Committee (Commissioners Lib bin and Wolfson present at the time of the motion) moved to recommend approval to the City Commission with the clarification that the event on public property cannot coexist on private property. 4. Discussion Regarding 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 62 City Commission Memorandum November 14, 2012 Report of the Neighborhoods/Community Affairs Committee of October 15, 2012 Page 4 of6 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. {6:18PM) Chief Deputy City Attorney Raul Aguila reviewed the amendments proposed in the ordinance attached in the agenda which incorporates suggestions from previous meetings. After a lengthy discussion regarding the Stanley Levine memorial and how it fits in with the timeline of this proposed ordinance amendment Commissioner Wolfson made the motion to move this discussion to Commission. Motion was seconded by Commissioner Exposito. Commissioner Libbin added his desire to do something to honor Mr. Tony Goldman. He would like to possibly rename Eighth Street after Mr. Goldman. Mr. Aguila explained that he believes that street is a City street and it would require an ordinance change to allow a City street to be named after a person. Commissioner Libbin asked the Administration to consider options and ideas as to how to honor Mr. Goldman. ACTION: The Committee (Commissioners Libbin, Exposito, and Wolfson present) unanimously moved to bring this item to the full Commission. Commissioner Libbin requested the Administration to consider options and ideas as to how to honor Mr. Tony Goldman. 5. Discussion Regarding The Water Feature At The Washington Avenue Entry Of South Pointe Park. {5:37 PM) Capital Improvement Projects Director Fernando Vazquez reviewed the background on this issue, delineated three options and asked the committee for direction. Meredyth Cooper, outside counsel for the City, spoke on the litigation against Hargreaves and Associates Carla Probus spoke on behalf of a group of residents (mothers) in the neighborhood stating the consensus from them is they do not want an interactive water feature. Capital Improvements Assistant Director David Martinez presented the three (3) alternatives outlined in the agenda memo. Frank Del Vecchio, spoke. Commissioner Exposito made the motion to recommend to the City Commission the approval of Alternative 2 for the reconstruction of the water feature as a non-interactive water park. Commissioner Wolfson seconded the motion. ACTION: The Committee (Commissioners Libbin, Exposito, and Wolfson present) unanimously moved to the City Commission the approval of Alternative 2 for the reconstruction of the water feature as a non-interactive water park. 63 City Commission Memorandum November 14, 2012 Report of the Neighborhoods/Community Affairs Committee of October 15, 2012 Page 5 of6 6. Discussion Concerning The Timing Of The Usage Of The City Of Miami Beach's Leaf Blowers. (6:09 PM) Parks and Recreation Department Director Kevin Smith explained that City employees and contracted landscape maintenance service providers utilize leaf blowers on a daily basis and are abiding by the City Code. Commissioner Exposito explained that Commissioner Gongora had referred this item for discussion and believes that in addition to his concern regarding the hours of operation that leaf blowers are being used, he is concerned with cuttings being blown into the storm drains. Commissioner Libbin stated that the litter ordinance had already been amended to make it a violation to use leaf blowers to blow the material out to the street and into the drains. He added that he believes that 7am is too early to allow leaf blowers in residential areas. Mr. Smith clarified that his crews are out on Monday-Friday with shifts starting at 7:30am which means they are not out in the field until 8:00am. There are Sanitation crews that also use leaf blowers. Commissioner Libbin asked that since no more complaints seem to have come in since May 2012 if the committee prefers to monitor the situation and should more complaints be made, then the issue can be revisited. ACTION: The Committee (Commissioners Libbin, Exposito, and Wolfson present) concurred to monitor the situation and should more complaints be made, then the issue can be revisited. 7. Follow-Up Regarding A Proposal To Honor The Extensive Community Legacy Of Stanley Levine With A Memorial Bench On Lincoln Road. (4:36 PM) Acting Assistant City Manager Max Sklar recapped the history of this discussion. Concerns had been raised regarding the choice of material to be used and the cost of the maintenance of the proposed memorial bench, which the City estimated at $7,500 annually. Robert Levine (Mr. Levine's son) described the process he has gone through since coming to the City with the idea of placing a memorial bench honoring his father on Lincoln Road; almost two (2) years ago. He explained that concrete was considered as a material for the proposed bench. However the estimated cost for construction became prohibitive, although the maintenance cost might be reduced. Mr. Sklar explained how the cost, which included cleaning and repairs, was estimated. Public Art Coordinator Dennis Leyva explained that the fabricator had advised that he was unable to estimate the cost of repairing just a section of the 25-foot long bench. Agustina Woodgate, the artist, spoke regarding the design and materials that she plans on using for the proposed bench. Commissioner Wolfson arrived. (4:50pm) Lissette Goldstein from the Art in Public Places (AiPP) Committee spoke regarding the Committee's concern with the potential cost for maintenance. Frank Del Vecchio spoke. 64 City Commission Memorandum November 14, 2012 Report of the Neighborhoods/Community Affairs Committee of October 15, 2012 Page 6 of6 Chief Deputy City Attorney Raul Aguila explained that, pursuant to a recent amendment to the City's Naming Ordinance, which was initially prompted by the instant request by the Levine family, the City had amended the section of the Naming Ordinance pertaining to the establishment of monuments and memorials to: 1) limit the number of monuments and memorials that can be brought to the Commission by limiting the Mayor and Commissioners to one (1) per term of office and 2) unless the Resolution approving a monument or memorial provides otherwise, requiring that the City would be responsible for the maintenance of any approved monument/memorial. Commissioner Libbin stated that he sees the options for a decision here are whether to move this memorial forward, with the City being responsible for the maintenance; or move it forward with the Levine family being responsible. Commissioner Exposito stated that he could support the proposed memorial if there is a fund established for maintenance, should it be broken or in need of repairs. He suggested that the City might be able to fine tune the maintenance cost estimate and maybe have a one-time deposit (and; as that money is exhausted, with proper documentation, it would be agreed that the deposit would have to be replenished). He added that he likes the concept for the bench. Commissioner Wolfson made the motion to recommend to the Commission to approve the proposed memorial bench, and to direct the Administration to work out an appropriate maintenance fund, not to include routine cleaning, Commissioner Wolfson asked Robert Levine, if in the event the piece should become damaged; he would be willing to repair it. Mr. Levine responded that he imagines that he would. Commissioner Libbin added to direct staff to work with the Levine family to determine an appropriate amount for such a "reserve" maintenance account. Motion was seconded by Commissioner Exposito. ACTION: The Committee (Commissioners Libbin, Exposito and Wolfson present) unanimously moved to recommend to the Commission to approve the proposed memorial bench and directed the Administration to work with the Levine family to determine an appropriate amount to establish a maintenance fund. 8. Resolutions Authorizing Agreements With Various External Entities To Assist The City In Implementing The Action Plan To Address Potential Corruption And Misconduct: A. A Resolution Approving And Authorizing The City Manager And City Attorney To Negotiate An Agreement With Miami-Dade County, On Behalf Of The Miami-Dade County Office Of The Inspector General {MDCOIG), 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. b. A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Agreement In The Not To Exceed Amount Of $45,000, With Miami-Dade County, Florida, 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. ACTION: Discussion of this item was deferred. THE MEETING ADJOURNED AT 6:58PM KGB/MAS/BH/rfm T:\AGENDA\2012\ 11-14-12\NCAC REPORT OCTOBER 15-2012.doc 65 C7 RESOLUTIONS COMMISSION ITEM SUMMARY Condensed Title: A Resolution authorizing the City Manager to apply for and accept one (1) grant. Key Intended Outcomes Supported: Reduce the number of homeless. Supporting Data· 2009 Community Survey: "The City's efforts to address homelessness" was a key driver for resident respondent in how they view the city as a place to live, view city government on meeting expectations and if they would or would not recommend the city as a place to live; 'A lot of homeless' was rated amongst the top five things that have a negative impact on the quality of life. Based on the Census Count (January), the number of homeless in Miami Beach has decreased from 239 in FY 2004/05 to 177 in FY 2010/11. Issue: Shall the City support the following funding request and execute the related agreement? Item Summary/Recommendation: Retroactive approval to apply to Miami-Dade County Homeless Trust for funding in the approximate amount of $25,000 for Identification Assistance through the City's Homeless Outreach Program; appropriating the above grant, if approved and accepted by the City, and authorizing the execution of all documents related to this application. Adopt the Resolution. Advisory Board Recommendation: N/A Financial Information: Source Grant /Project Grant Match Amount/City of Approx Expense/Source funds Amt. MDC Homeless TrusU $25,000 N/A-No match required Identification Assistance Ci Clerk's Office Le lslative Trackln : Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement Si n-Offs: Department Director Assistant City Manager MIAMI BEACH 67 nager AGENDA IT EM ---:-C-::--::7"7/1--:--- DATE //-{1(-jz_ 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: Kathie G. Brooks, Interim City Manage DATE: November 14, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER OR HER DESIGNEE RETROACTIVELY TO A SUBMIT GRANT APPLICATION TO MIAMI-DADE COUNTY HOMELESS TRUST FOR FUNDING IN THE APPROXIMATE AMOUNT OF $25,000 FOR IDENTIFICATION ASSISTANCE SERVICES FOR HOMELESS INDIVIDUALS AND FAMILIES AS PART OF THE CITY'S HOMELESS OUTREACH PROGRAM; APPROPRIATING THE ABOVE GRANT IF APPROVED AND ACCEPTED BY THE CITY, AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO THIS APPLICATION ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The Miami-Dade County Homeless Trust was created by the Miami-Dade Board of County Commissioners to, among other things, oversee the use of the Food and Beverage Tax and other funds and to establish and implement policies based on the Miami-Dade County Community Homeless Plan. The Plan is a comprehensive continuum of care system to serve homeless persons in Miami-Dade County. The City currently receives Homeless Trust funding for its current Homeless Outreach program. In addition to Homeless Outreach funding, the Homeless Trust also has Identification Assistance funding available to provide assistance in obtaining identification and other personal documents on behalf of homeless individuals and families in Miami-Dade County. The funds will be used to cover the cost of administering this program, and related costs or fees associated with obtaining or replacing documents utilized to establish identification, such as Florida identification cards, birth certificates, marriage certificates, school records, lawful permanent resident cards, naturalization certificates and Florida driver's licenses. Vital personal identification documents and official photo identification are necessary for obtaining employment and housing; providing this service will help homeless individuals to become self-sufficient. This Identification Assistance service is part of the City's current Homeless Outreach Program and the grant will provide funding in the amount of $25,000. The grant does not require matching funds and supports the key intended outcome: reduce the number of homeless. 68 Commission Memorandum Page2 CONCLUSION The Administration requests approval to authorize the City Manager or her designee retroactively to submit an application to Miami-Dade County Homeless Trust for funding for Identification Assistance Services for Homeless Individuals and Families in the approximate amount of $25,000 for the City's Homeless Outreach Program, if approved and accepted by the City, and authorizing the execution of all documents related to this application. KGB/JMH T:\AGENDA\2012\11-14-12\Grants Memo.doc 69 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER OR HER DESIGNEE RETROACTIVELY TO SUBMIT A GRANT APPLICATION TO MIAMI-DADE COUNTY HOMELESS TRUST FOR FUNDING FOR IDENTIFICATION ASSISTANCE SERVICES FOR HOMELESS INDIVIDUALS AND FAMILIES IN THE APPROXIMATE AMOUNT OF $25,000 FOR THE CITY'S HOMELESS OUTREACH PROGRAM; APPROPRIATING THE GRANT, IF APPROVED AND ACCEPTED BY THE CITY, AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO THIS APPLICATION WHEREAS, the Miami-Dade County Homeless Trust was created by the Miami- Dade Board of County Commissioners to, among other things, oversee the use of the Food and Beverage Tax and other funds, and to establish and implement policies based on the Miami-Dade County Community Homeless Plan; and WHEREAS, the City currently receives Homeless Trust funding for its current Homeless Outreach Program; and WHEREAS, in addition to Homeless Outreach funding, the Homeless Trust also has Identification Assistance funding available to provide assistance in obtaining identification and other personal documents on behalf of homeless individuals and families in Miami-Dade County, and the funds can also be used to cover related costs or fees associated with obtaining or replacing documents utilized to establish identification, such as Florida identification cards, birth certificates, marriage certificates; and WHEREAS, vital personal identification documents and official photo identification are necessary for obtaining employment and housing and providing this service will help homeless individuals to become self-sufficient; and WHEREAS, the Identification Assistance Service is part of the City's current Homeless Outreach Program and the grant will provide funding in the amount of $25,000; and WHEREAS, the grant does not require matching funds and supports the key intended outcome: reduce the number of homeless. NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH hereby approve and authorize the City Manager or her designee retroactively to submit an application to Miami-Dade County Homeless Trust for funding for Identification Assistance Services for Homeless Individuals and families in the approximate amount of $25,000 for the City's Homeless Outreach Program; appropriating the grant funds, as necessary if approved and 70 accepted by the City, and authorizing the execution of all documents related to this application. PASSED and ADOPTED this ___ day of ___ , 2012 ATTEST: MAYOR CITY CLERK KGB/JMH T:\AGENDA\2012\11-14-12\Grants Reso final.doc 71 THIS PAGE INTENTIONALLY LEFT BLANK 72 COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION EXERCISING THE SECOND RENEWAL OPTION WITH INKTEL DIRECT GOVERNMENT BPO SERVICES, INC., PURSUANT TO REQUEST FOR PROPOSAL (RFP) NO 08- 08/09 FOR THE DELIVERY OF CALL CENTER SERVICES FOR THE BUILDING DEPARTMENT, IN THE ESTIMATED ANNUAL AMOUNT OF $95,000.00 Key Intended Outcome Supported: Increase Community Satisfaction With City Government Supporting Data (Surveys, Environmental Scan, etc.): In the 2012 Community Satisfaction Report, 65% of respondents agreed or strongly agreed that it was easy to get to someone who could help them during their most recent contact with the City (by source of info and reason for contact). During FY 2012 call volume was 50,198. Service level average was 80.39% with an abandoned rate of 3.95%. Shall the Commission renew the agreement with lnktel for call center services for the Building artment? Item Summary/Recommendation: Request For Proposal (RFP) No. 08-08/09 (the "Bid") was issued on December 15, 2008 to establish a contract(s), by means of sealed bids, for the supply and delivery of call center services, on an as needed basis, from a source(s) that will give prompt and efficient customer service. On January 29, 2009, the City Commission approved the award of contracts to lnktel Direct Government BPO Services, Inc. The contract was for a three (3) year period commencing on February 27, 2009 with the option to be extended for two (2) additional one (1) year periods. At this time the Administration would like to exercise its second and final one (1) year renewal option. The Administration recommends that the Mayor and City Commission renew the contract to lnktel Direct Government BPO Services, Inc. pursuant to Request For Proposal (RFP) No. 08-08/09 in the estimated annual amount of $95,000. Advisory Board Recommendation: I N/A Financial Information: Amount 1 $95,000 $95,000 Financial Impact Summary: Ci Clerk's Office Le islative Trackin Barbara Hawayek, Customer Service Manager (9 MIAMIBEACH 73 Account Building Department 011-1510-000312 KGB Approved AGENDA ITEM C 7 B DATE }J-11(-{2- (9 J\1\li~rv~IBEAC 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, Kathie Brooks, Interim City Manager A DATE: November 14, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXERCISING THE SECOND RENEWAL OPTION WITH INKTEL DIRECT GOVERNMENT BPO SERVICES, INC., PERSUANT TO REQUEST FOR PROPOSAL (RFP) NO 08-08/09 FOR THE DELIVERY OF CALL CENTER SERVICES FOR THE BUILDING DEPARTMENT, IN THE ESTIMATED ANNUAL AMOUNT OF $95,000.00 ADMINISTRATION RECOMMENDATION Approve the renewal of the contracts. FUNDING The Building Department has $95,000.00 in its FY 2012/2013 budget for these services. KEY INTENDED OUTCOME SUPPORTED Improve Community Satisfaction with City Government. ANALYSIS Request For Proposal (RFP) No. 08-08/09 (the "Bid") was issued on December 15, 2008 to establish a contract(s), by means of sealed bids, for the supply and delivery of call center services, on an as needed basis, from a source(s) that will give prompt and efficient customer service. On January 29, 2009, the City Commission approved the award of contracts to lnktel Direct Government BPO Services, Inc. The contract was for a three (3) year period commencing on February 27, 2009 with the option to be extended for two (2) additional one (1) year periods. The Building Department and its' customers have been satisfied with lnktel's performance during the first three years of its contract. The contract with lnktel requires that they meet a target of 80% service level. Service level is defined as the percent of calls answered within 20 seconds. For 2012 year-to-date, lnktel is meeting the service level goal. The abandonment rate for 2012 YTD is 3.9%, which meets industry standards of less than 5%. Abandoned calls mean calls not answered by a live agent as the caller hangs up before an agent is able to answer the call. Prior to implementing the call center, the Building department had an average abandonment rate of 31%. Overall, the service provided shows a significant improvement to our customers. At this time the Administration would like to exercise its second and final one (1) year renewal option. 74 June 6, 2012 Commission Memorandum INTEL RENEW MEMO CONCLUSION The Administration recommends that the Mayor and City Commission renew the contract to lnktel Direct Government BPO Services, Inc. pursuant to Request For Proposal (RFP) No. 08-08/09 in the estimated annual amount of $95,000. KGB/JGGIMSISS/KT/bsh T:IAGEND\2012112121nktel Direct Memo RENEW.doc 75 RESOLUTION NO. ___ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXERCISING THE SECOND RENEWAL OPTION WITH INKTEL DIRECT GOVERNMENT BPO SERVICES, INC., PURSUANT TO REQUEST FOR PROPOSAL (RFP) NO 08-08/09 FOR THE DELIVERY OF CALL CENTER SERVICES FOR THE BUILDING DEPARTMENT, IN THE ESTIMATED ANNUAL AMOUNT OF $95,000.00. WHEREAS, Request For Proposal (RFP) No. 08-08/09 (the "Bid") was issued on 12/15/2008 to establish a contract(s), by means of sealed bids, for the supply and delivery of call center services, on an as needed basis, from a source(s) that will give prompt and efficient customer service; and WHEREAS, on January 29, 2009, the City Commission approved the award of contracts to lnktel Direct Government BPO Services, Inc.; and WHEREAS, the contract was for a three (3) year period commencing on February 27, 2009 with the option to be extended for two (2) additional one (1) year periods; and WHEREAS, at this time the Administration would like to exercise its second and final one (1) year renewal option. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, exercise the second renewal option with lnktel Direct Government BPO Services, Inc., pursuant to Request for Proposal (RFP) NO 08-08/09 for the delivery of call center services for the Building Department, in the estimated annual amount of $95,000.00. PASSED and ADOPTED this 141h day of November, 2012. ATIEST: Rafael Granado, City Clerk Matti Herrera Bower, Mayor 76 APPROVED AS TO FORM ~~lANGUAGE & FO~ EXECUTION I < • " \ ~;, n( , t~ !0 _;:l'\' • Date Split Data for 2012 by Month Acceptable Service Level 80.39% 88.6% 81.08% .Calls Offered 52265 4584 4655 Calls Answered 50198 4490 4471 · Catls Abandoned 2067 94 184 %Abandoned 3.95% 2.05% 3.95% AVG liandie Time 0:02:41 0:02:32 0:02:33 AVG Talk Time 0:01:53 0:01:45 0:01:50 AVGACWTime 0:00:22 0:00:18 0:00:20 AVG Hold Time 0:00:18 0:00:14 0:00:14 AVG Ring Time 0:00:02 0:00:02 0:00:02 AVG Speed of Answer 0:00:22 0:00:11 0:00:23 AVG Abandoned Time 0:01:02 0:00:31 0:01:11 % FTE Utilization 46.13% 43.53% 46.02% % FTE Utilization w/Hold+ACW 14.17% 10% 12.2% % FTE Utilization w/Hold 12.05% 8.64% 10.46% % FTE Utilization w/Hold+ACW ( ... 49.22% 45.51% 48.55% Staffed Time 18879:36:32 2139:38:30 1756:23:08 Aux Time 3296:49:09 371:02:16 240:55:17 Available Time 6540:32:29 821:50:56 682:42:41 ACDTime 1587:00:46 131:38:08 137:22:12 ACWTime 318:17:06 22:32:20 25:31:43 Hold Time 254:28:03 18:16:03 18:11:09 Ring Time 37:44:15 3:22:51 3:21:21 Ext Out Time 34:06:55 12:10:12 5:10:10 Ext Out Calls 7133 1297 656 '' ~ ' Ext In Time 2:41:01 0:24:21 0:10:24 Ext In Calls 104 16 9 %TI 55.76% 52.3% 53.15% Billable Time 1878:33:48 162:28:44 160:53:55 Productive Time 15614:13:17 1780:22:05 1520:27:37 % Productive Time 82.7% 83.21% 86.57% C~Us Misc. () 0 0 Service Level 1 76.28% 85.3% 77.19% Service Level 2 77.79% 78.57% Service Level 3 Calls Offered 46909 4162 Call10 ~nsll'{~red 45275 4016 Calls Abandoned 1634 146 % Al:l'andoned 3.48% 1.89% 3.51% AVG Handle Time 0:02:39 0:02:26 0:02:30 AVG Talk Time 0:01:53 0:01:45 0:01:49 AVGACWTime 0:00:22 0:00:17 0:00:20 AVG Hold Time 0:0.0.:18 0:00:14 0:00:15 AVG Ring Time 0:00:02 0:00:02 0:00:02 ~VG Speed of Answer 0:00:21 0:00:11 0:00:23 77 AVG Abandoned Time 0:00:58 0:00:30 0:01:08 % FTE Utilization 46.66% 43.77% 46.19% % FTE Utilization w/Hold+ACW 21.19% 15.72% 18.58% % FTE Utilization w/Hold 18.07% 13.69% 16% % FTE Utilization w/Hold+ACW ( .•• 51.39% 46.86% 50.11% . Staffed Time 11113:19:24 1208:35:47 1 01.3:22:22 Aux Time 1756:06:15 194:31:23 130:39:31 Available Time 3862:36:53 467:38:05 392:35:40 ACDTime 1426:39:52 119:56:48 121:59:45 ACWTime 286:29:25 19:55:06 22:26:44 Hold Time 232:55:13 16:36:51 16:53:29 RlngTJme 33:12:38 3:01:33 2:56:37 Ext Out Time 17:30:08 6:16:40 3:41:21 ExtOilt~llt ',.,,~,, ,','"\ ~' ,.,,, ,'h' 6033 1031 ........ 559 Ext In Time 0:33:02 0:09:21 0:00:00 .~tn·GIII$. 31 9 0 %TT 55.32% 51.84% 52.8% tsilllll.ble Time 1677:51:27 142:59:40 142:34:35 Produethte Time 9374:10:15 1020:11:43 886:24:12 ·% .. Produe6v& Time 84.35% 84.41% 87.47% Calls Misc. 0 0 0 Sei:'Vi~e Levet1 76.8% 85.52% 77.59% Service Level 2 78.31% 86.52% 78.98% Senrlee L.~;~vera. 87.73% att 1\lo/o Acceptable Service Level 75.77% 87.66% 77.58% Calls Offered 5356 404 493 Calls Answered 4923 389 455 cans Abandoned 433 15 38 %Abandoned 8.08% 3.71% 7.71% AVG Handle Time 0:02:57 0:03:35 0:02:56 AVG Talk Time 0:01:57 0:01:48 0:02:01 AVGACWTime 0:00:23 0:00:24 0:00:24 AVG Hold Time 0:00:15 0:00:15 0:00:10 AVG Ring Time o:oo:o3 0:00:03 0:00:03 AVG Speed of Answer 0:00:31 0:00:17 0:00:27 AVG Abandoned Time 0:01:20 0:00:33 0:01:28 % FTE Utilization 45.35% 43.22% 45.79% % FTE Utilization w/Hold+ACW 3.6% 2.28% 3.26% % FTE Utilization w/Hold 3% 1.82% 2.7% % FTE Utilization w/Hold+ACW ( ... 46.11% 43.77% 46.43% Staffed Time 7766:17:08 931:02:43 743:00:46 Aux Time 1540:42:54 176:30:53 110:15:46 Available Time 2677:55:36 354:12:51 290:07:01 ACOTime 160:20:54 11:41:20 15:22:27 ACWTime 31:47:41 2:37:14 3:04:59 HotdTlme 21:32:50 1:39:12 1:17:40 Ring Time 4:31:37 0:21:18 0:24:44 ~~t' Q~J tl!llt' 16~36:47 5:53:32 1:28:49 Ext Out calls 1100 266 97 aHriTikne 2:07:59 0:15:00 0:10:24 78 Extln Calls 73 7 9 "!oTT 56.43% 52.91% 53.64% Billable Time 200:42:21 19:29:04 18:19:20 Productive Time 6240:03:02 760:10:22 634:03:25 % Productive Time 80.35% 81.65% 85.34% Calls Misc. 0 0 0 Service Level 1 71.48% 83.03% 73.63% Service Level 2 73.02% 84.06% 74.95% Service Level 3 74.75% 86.63% 76.04% Internal RR Transfer Measure Summa uan Fte6 A(m\ltptlblfl! Service tev(tl 74.53% 77.89% 64.71% Calls Offered 300 214 86 Calls Answered 267 199 68 Calls Abandoned 33 15 18 %Abandoned 11% 7.01% 20.93% AVG Handle Time 0:01:33 0:01:25 0:01:54 AVG Talk Time 0:01:10 0:01:08 0:01:16 AVGACWTime 0:00:16 0:00:11 0:00:32 AVGHoldTime 0:00:01 0:00:02 0:00:01 AVG Ring Time 0:00:03 0:00:03 0:00:03 AVG Speed of Answer 0:00:23 0:00:22 0:00:27 AVG Abandoned Time 0:02:18 0:01:54 0:02:40 % FTE Utilization 28.74% 31.73% 36.09% % FTE Utilization w/Hold+ACW 62.94% 1.53% 97.36% % FTE Utilization w/Hold 51.73% 1.33% 69.41% % FTE Utilization w/Hold+ACW ( ... 28.82% 31.9% 36.33% Staffed .nme · 1575:36:35 424:53:34 277:03:03 AuxTime 478:22:02 113:50:55 55:01:36 Available Time 642:58:42 175:23:52 121:20:47 ACDTime 5:15:01 3:48:48 1:26:13 ACWTime 1:13:48 0:36:34 0:37:14 Hold Time 0:08:51 0:06:50 0:02:01 RII'\QTl!'M-0:16:40 0:12:26 0:04:14 Ext Out Time 0:00:03 0:00:00 0:00:03 · ~-o~~a,lla 1 0 1 Ext In Time 0:00:00 0:00:00 0:00:00 titlnCalW. 0 0 0 %TT 41.26% 43.35% 45.03% B)ll-te Tlme 5:23:55 3:55:38 1:28:17 Productive Time 1097:14:36 311:02:39 222:01:30 % P~uctt~Time 69,64% 73.21% . 80.14% Calls Misc. 0 0 0 $(JI'\4ce t.ewl1 70.41% 75.38% 55.88% SEU'Vic<t Lev£11 2 72.28% 75.88% 61.76% Servl~. 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Key Intended Outcome Supported: Diversify business base in Miami Beach, as well as several other KIOs supported through intergovernmental affairs coordination. N/A ity Manager be granted the authority to enter into an Independent Contractor Agreement with Kevin Crowder dba Nei hborhood E ui Strat ies, LLC? Item Summary/Recommendation: Kevin Crowder, Economic Development Division Director, intends to separate from the City and transition to a private consulting practice. The City's Economic Development Division provides business assistance to attract and support private capital investment, identifies and implements strategies and programs to expand, develop, recruit and retain businesses, and conducts market research. As you know, Mr. Crowder also oversees intergovernmental affairs (County, State and Federal), which is coordinated out of the City Manager's Office. Mr. Crowder's departure coincides with the retirement of Kent Bonde, Redevelopment Coordinator. As previously advised through LTC 261-2012 on October 12, 2012, the responsibilities of the Redevelopment Coordinator position have been transitioned to Maria Poncel. Ms. Poncel will also assume economic development responsibilities; supported by a new a lower level position, Redevelopment Specialist, to be hired to assist Ms. Poncel in the aforementioned areas. In order to ensure a smooth transition Mr. Crowder will be contracted through an Independent Contractors Agreement through May 2013. This time period ensures the City does not have a gap during the federal and state legislative sessions or during this transitional period of time. The agreement with Mr. Crowder is for the purpose of providing business assistance services and intergovernmental affairs coordination. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account 1 $40,500 011.0530 (Salary Savings) $40,500 Financial Impact Summary: Funds are already included in the FY 2012/2013 Annual Operating Budget Cit Clerk's Office Le islative Trackln Max A. Sklar, ext. 6116 Si n-Offs: Department Director(s) T:IAGENDA\2012\11-14-12\Independent MIAMI BEACH 87 anager AGENDA ITEM DATE (!?c_ /1-/if!Z- 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 Kathie G. Brooks, Interim City Manager ;1~/1, /;{__ November 14, 2012 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $40,500 WITH KEVIN SCOTT CROWDER (CONTRACTOR), FOR A PERIOD OF FIVE (5) MONTHS, COMMENCING ON JANUARY 1, 2013 AND TERMINATING ON MAY 31, 2013 TO CONTINUE TO PROVIDE THE CITY WITH CERTAIN SERVICES RELATED TO BUSINESS DEVELOPMENT, MARKET RESEARCH AND INTERGOVERNMENTAL AFFAIRS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING Funding is available in the FY 12/13 General Fund from Salary Savings (011.0530). BACKGROUND I ANALYSIS Kevin Crowder, Economic Development Division Director, intends to separate from the City and transition to a private consulting practice. The City's Economic Development Division provides business assistance to attract and support private capital investment, identifies and implements strategies and programs to expand, develop, recruit and retain businesses, and conducts market research. As you know, Mr. Crowder also oversees intergovernmental affairs (County, State and Federal), which is coordinated out of the City Manager's Office. Mr. Crowder's departure coincides with the retirement of Kent Bonde, Redevelopment Coordinator. As previously advised, the responsibilities of the Redevelopment Coordinator position have been transitioned to Maria Poncel. Ms. Poncel will also assume economic development responsibilities; supported by a new lower level position, Redevelopment Specialist, to be hired to assist Ms. Poncel in the aforementioned areas. In order to ensure a smooth transition Mr. Crowder will be contracted through an Independent Contractors Agreement through May 2013. This time period ensures the City does not have a gap during the federal and state legislative sessions or during this transitional period of time. 88 City Commission Memorandum November 14, 2012 Independent Contractor Agreements Page 2 of2 The agreement with Mr. Crowder is for the purpose of providing business assistance services and intergovernmental affairs coordination to the City Manager's Office and transitioning/training staff in the following areas: 1. Business Development & Market Research: a. Assist in responding to inquiries from entrepreneurs, new businesses, investors, developers, and real estate brokers with information about doing business and investing in Miami Beach; b. Assist with updating (as needed) the Economic Development Guide; c. Provide economic development consulting services as needed. d. Assist with updating Community & Demographic Profile; e. Assist with updating the Current Economic Conditions Report; f. Assist with updating and provide information for the Comprehensive Annual Financial Report (CAFR), Rating Agency Presentations, Environmental Scan, and other research/data tasks; 2. Coordinate Federal and State Intergovernmental Issues: a. Meet with City staff and others as needed to develop legislative agenda; b. Attend Dade Days with Mayor and City Commissioners and coordinate the agenda for the trip; c. Coordinate all state intergovernmental issues before, and during the first half of the Legislative Session. Facilitate communication between the lobby team, state agencies, and city departments; d. Appear before legislative committees as necessary and directed by the city; e. Prepare and assist the city administration with transition of state intergovernmental coordination duties. CONCLUSION The Administration recommends adopting the Resolution. T:IAGENDA\2012\11-14-12\Independent Contractor Memo Crowder.doc 89 RESOLUTION NO. ____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT, IN AN AMOUNT NOT TO EXCEED $40,500, WITH KEVIN SCOTT CROWDER (CONTRACTOR), FOR A PERIOD OF FIVE (5) MONTHS, COMMENCING ON JANUARY 1, 2013, AND TERMINATING ON MAY 31, 2013, TO CONTINUE TO PROVIDE THE CITY WITH CERTAIN SERVICES RELATED TO BUSINESS DEVELOPMENT, MARKET RESEARCH, AND INTERGOVERNMENTAL AFFAIRS. WHEREAS, Kevin Crowder, Economic Development Division Director, intends to separate from the City and transition to a private consulting practice; and WHEREAS, in his position as Economic Development Division Director, Mr. Crowder was in a unique position to provide the City with certain professional services related to attracting and supporting private capital investment into the City; identifying and implementing strategies and programs to expand, develop, recruit and retain businesses to the City; conducting market research; and also overseeing intergovernmental affairs (County, State and Federal); and WHEREAS, in the interim, the City wishes to continue to retain Mr. Crowder to provide the aforestated unique services; and WHEREAS, the City will contract with Mr. Crowder, through a Professional Services Agreement, through May 2013, to ensure a smooth transition, and ensure that the City does not have a gap during the Federal and State legislative sessions. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the City Manager to enter into a Professional Services Agreement, in an amount not to exceed $40,500, with Kevin Scott Crowder (Contractor), for a period of five (5) months, commencing on January 1, 2013, and terminating on May 31, 2013, to continue to provide the City with certain services related to business development, market research, and intergovernmental affairs. PASSED and ADOPTED this __ day of--------'' 2012, ATTEST: CITY CLERK MAYOR T:IAGENDA\2012\11-14-12\Independent Contractor Kevin Crowder Reso.doc 90 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And City Clerk To Execute Amendment No.2, In A Negotiated Not-To-Exceed Amountof$145,876, To An Existing Agreement Between The City And Superior Landscaping And Lawn Services, Inc., Dated June 15, 2011, For Ground Maintenance Services For The North Shore/Washington Avenue Areas; Said Amendment For The Inclusion Of The Miami Beach Convention Center (MBCC) Ground Maintenance. Ke Intended Outcome Su orted: upporting Data (Surveys, Environmental Scan, etc.): Issue: I Shall the Mayor and City Commission Adopt The Resolution? Item Summary/Recommendation: The Miami Beach Convention Center (MBCC) is in the process of improving the aesthetics of both the exterior and interior of the facility by replacing old high maintenance plants, as well as plants that have outgrown their space. This will include raising the soil level and installing new indoor plants that are able to thrive with minimal sunlight. The re-landscaping will also address security concerns; improve irrigation; and overall sense of place. On August 22, 2012, Request for Quote No. 02-11/12 (an informal bid process) was issued, with an opening date of September 7, 2011, to all of the full-service landscape providers currently contracted to maintain public areas Citywide. Four (4) addenda were issued to provide additional information and to respond to all questions submitted by the prospective bidders, thus extending the bid opening due date to September 21, 2012. On September 21, 2012 three (3) quotes were received from the following City vendors: • Everglades Environmental Care, Inc.; • SFM Services, Inc.; and • Superior Landscaping and Lawn Services, Inc. Superior Landscaping was the lowest bidder pursuant to the Request for Quote; in addition, the Administration was able to further negotiate Superior's quote, resulting in a final price of $145,876. The negotiated total of $145,876 consists of purchase and installation of new landscaping and plant inventory in the amount of $122,518 and ground maintenance for the first year at a cost of $23,358. Annual landscape ground maintenance is being bid out citywide and the Convention Center will be included. The Administration recommends that the Mayor and City Commission execute Amendment No.2, in a negotiated not-to-exceed amount of $145,876, to the existing Agreement between the City and Superior Landscaping and Lawn Services, Inc., dated June 15, 2011, for ground maintenance services for North Shore/Washington Avenue areas, with said Amendment providing for the inclusion of the Miami Beach Convention Center (MBCC) grounds maintenance. ADOPT THE RESOLUTION Advisory Board Recommendation: I N/A Financial Information: Source of Amount ~ 1 $132,500 2 $13,376 Total $146,876 Financial Impact Summary: Clerk's Office Le islative Trackin artment Director RA __ _ T:V\GENDA\2012\ 11-14-12\MSCC Grounds Maintenan MIAMI BEACH Account MBCC Capital Budget for Misc. Repair 440-6890-000326 MBCC Operating Budget 440-0441-000325 er 91 AGENDA ITEM _C_7~D'---- DATE 1/-l'f-jz_. 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: Kathie G. Brooks, Interim City Manager """ DATE: November 14, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 2, IN A NEGOTIATED NOT-TO-EXCEED AMOUNT OF $145,876, TO THE AGREEMENT BETWEEN THE CITY BEACH AND SUPERIOR LANDSCAPING & LAWN SERVICES, INC., DATED JUNE 15, 2011, FOR GROUND MAINTENANCE SERVICES FOR THE NORTH SHORE/WASHINGTON AVENUE AREA; SAID AMENDMENT FOR THE INCLUSION OF THE MIAMI BEACH CONVENTION CENTER (MBCC) GROUND MAINTENANCE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOMES SUPPORTED Ensure well-maintained facilities FUNDING $132,500 13,376 $145,876 MBCC Capital Project for Misc. Repair 440-6890-000326, previously appropriated in Fiscal Year 2011/2012 Capital Budget Fiscal Year 2012/2013 Operating Budget 440-0442-000326 BACKGROUND The Miami Beach Convention Center (MBCC) is in the process of improving the esthetics of both the exterior and interior of the facility by replacing old high maintenance plants, as well as plants that have outgrown their space. This will include raising the soil level and installing new indoor plants that are able to thrive with minimal sunlight. The re-landscaping will also address security concerns; improve irrigation; and overall sense of place. SCOPE OF SERVICES AND PROCESS On August 22, 2012, Request for Quote No. 02-11/12 (an informal bid process) was issued, with an opening dated of September 7, 2011, to all of the full-service landscape providers currently contracted to maintain public areas Citywide. Four (4) addenda were issued to provide additional information and to respond to all questions submitted by the prospective bidders, thus extending the bid opening due date to September 21, 2012. 92 Amendment to Superior Landscaping & Lawn Services, Inc. Contract November 14, 2012 Page 2 of 2 On September 21, 2012 three (3) bids were received from the following City vendors: Based on the above grand totals, it was determined that the quotes submitted by the bidders exceeded the current available funding, as reflected in the adopted Capital Budget FY 2011/2012. Since Superior was the lowest bidder pursuant to the Request for Quotes, the Administration determined that it would be in the City's best interest to proceed to negotiate with Superior, using the price submitted by Superior under the Request for Quote process as a starting point. The negotiated total of $145,876 consists of purchase and installation of new landscaping and plant inventory in the amount of $122,518 and ground maintenance for the first year at a cost of $23,358. Annual landscape ground maintenance is being bid out citywide and the Convention Center will be included. The price of $122,518 represents a reduction in plant inventory; however; the landscaping services to be provided for MBCC in the amount of $23,358 under this price is still consistent with the general levels of service required under Superior's existing ground maintenance Contract with the City. As stated above, the City currently has a grounds maintenance contract with Superior Landscaping & Lawn Services, Inc., which was awarded pursuant to ITB No. 20-09/10 (the Contract). Under the Contract, (pursuant to Section 4.9, entitled "Additional Work"), the City may, at its discretion authorize the Contractor to perform additional work, including, but not limited to, mowing, trimming, weeding, edging, litter pickup, repairs and replacements when the need for such work arises. Under such circumstances the City's Project Manager may request quote(s) from the Contractor, which may be negotiated as required to obtain a fair and reasonable price. In order to provide prompt and efficient services, which will result in a minimal disruption to the MBCC, the Administration recommends amending the City's existing ground maintenance service contract with Superior (as the lowest bidder in response to the Request for Quotes), in the not to exceed negotiated amount of $145,876. CONCLUSION The Administration recommends that the Mayor and City Commission execute Amendment No. 2, in a negotiated not-to-exceed amount of $145,876, to the existing Agreement between the City and Superior Landscaping and Lawn Services, Inc., dated June 15, 2011, for ground maintenance services for North Shore/Washington Avenue areas; with said Amendment providing for the inclusion of the Miami Beach Convention Center (MBCC) grounds maintenance. T:\AGENDA\2012\11-14-12\MBCC Grounds Maintenance Memo.docx 93 u 94 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 Interim City Manager Pertaining to the Ranking of Proposals Pursuant to Request for Proposals (RFP) No. 53-11/12 for the Provision of Various Banking Services to the City of Miami Beach for a Five- Year Period with Five One-Year Renewal Options; Authorizing the Administration to Enter in Negotiations with the Top-Ranked Proposer, SunTrust Bank; and Should the Administration not Be Successful in Negotiating an Agreement with the Top-Ranked Proposer, Authorizing Negotiations with the Second-Ranked Proposer, TD Bank, N.A.; further Authorizing the Mayor and City Clerk to Execute an Agreement upon Conclusion of Successful otiations b the Administration. Ensure well-maintained infrastructure Supporting Data (Surveys, Environmental The City's overall bond rating is Aa2 and AA- accordin to Mood 's and Standard and Poor's res Issue: I Shall the Mayor and City Commission Adopt The Resolution? Item Summary/Recommendation: This RFP is for various banking services involving the general operating, general depository, and payroll accounts (among several others). These services consist of, but are not limited to, a general depository account for funds collected daily; a general disbursing account, which is strictly a checking account; a payroll disbursing account to cover bi-weekly payroll; computerized services, including direct deposits, control pay, web pay, debitlcredit memos, ACH deposits, daily and monthly statement, and stop payments; lockbox processing; wire transfers; zero balance services; and automatic redeposit of items. The term of the contract to be awarded pursuant to this RFP is anticipated to begin on January 1, 2013, for a five (5) year initial term, with five (5) one-year renewal options, at the sole discretion of the City (through its City Manager). BidNet issued bid notices to 13 prospective proposers which resulted in the receipt offive (5) proposals. On October 15, 2012, the Committee convened to review and discuss the proposals. The Committee decided to invite the proposers to provide a presentation detailing their customer service philosophy and approach, an explanation of their proposed fee structures regarding services and earning credit rates, available technology, and transition plan. On November 2, 2012, the Committee reconvened to interview each proposer. Upon completion of the interviews, the Committee discussed their individual perceptions of each prospective firm's qualifications, experience, and competence in order to score and rank each accordingly to develop its recommendation to the Interim City Manager based on their scores and ranking. In determining the most qualified firms, the Committee discussed each firm's proposal based on the criteria noted in the RFP. Based on the scores and rankings of the Committee members, SunTrust Bank was selected unanimously as the top-ranked firm. TD Bank N.A. was second based on the rankings. Therefore, a motion was made and voted unanimously in favor by the Committee to recommend to the Interim City Manager for the Administration to negotiate an agreement with the top-ranked proposer, SunTrust Bank, and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second- ranked proposer, TD Bank N.A.; further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Funds: 1 N/A OBPI T:\AGENDA\::1012\11-14-12\RFP 53-11-12-Banking Services- 95 er Account AGENDA ITEM_-:=-~=- DAlE -~.;;.__t,___J_.......,._ 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: Kathie Brooks, Interim City Manager ~ ~ November 14, 2012 DATE: SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE INTERIM CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 53-11/12 FOR THE PROVISION OF VARIOUS BANKING SERVICES TO THE CITY OF MIAMI BEACH FOR A FIVE-YEAR PERIOD WITH FIVE ONE-YEAR RENEWAL OPTIONS; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP-RANKED PROPOSER, SUNTRUST BANK; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE TOP-RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WITH THE SECOND-RANKED PROPOSER, TD BANK, N.A.; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Improve the City's overall financial health and maintain overall bond rating ANALYSIS This RFP is for various banking services involving the general operating, general depository, and payroll accounts (among several others). These services consist of, but are not limited to, a general depository account for funds collected daily; a general disbursing account, which is strictly a checking account; a payroll disbursing account to cover bi-weekly payroll; computerized services, including direct deposits, control pay, web pay, debit/credit memos, ACH deposits, daily and monthly statement, and stop payments; lockbox processing; wire transfers; zero balance services; and automatic redeposit of items. The term of the contract to be awarded pursuant to this RFP is anticipated to begin on January 1, 2013, for a five (5) year initial term, with five (5) one-year renewal options, at the sole discretion of the City (through its City Manager). SCOPE OF SERVICES It is the intent to have one bank provide the City's service needs on its three major bank accounts which are the General Depository, General Disbursing, and Payroll Accounts, as well 96 Commission Memorandum -RFP 53-11/12 -For the Provision of Various Banking Services to the City of Miami Beach for a Five-Year Period with Five One-Year Renewal Options November 14, 2012 Page 2 as, any other bank accounts that the City may have or open in the future. The scope of services is as follows: • GENERAL DEPOSITORY ACCOUNT-City funds collected daily will be deposited in this account the following business day. Checks deposited will be available the day of deposit in the bank by the time of day the bank normally closes its transactions for that day. This will also include Automated Clearing House (ACH) transactions generated by Miami-Dade County, which must be considered available on date of receipt, even if received after normal closing hours. All transactions must be identified. This account has to be an interest bearing account. The proposer will need to show the basis and method of computing such interest earnings. • GENERAL DISBURSING ACCOUNT-This account will be strictly a checking account. The bank will transfer the exact amount of funds each day to this account to cover clearings. Approximately 1 ,500 checks will be issued monthly, amounting to approximately $7,000,000. Disbursements will be made by check as well as wire transfer; each transaction must be shown separately on the bank statement (no netting permitted). • PAYROLL DISBURSING ACCOUNT-The City's payroll is currently bi-weekly, paying every other Friday approximately 2,000 employees; net pay amounts to approximately $3,000,000 bi-weekly. The bank will transfer the exact amount required each day to cover clearings • COMPUTERIZED SERVICES -All demand and time deposit accounts maintained must be computerized so that reconciliation can be performed. Reconciliation service to produce an outstanding check list for each account with substantial check activity must be available to the City by the 15th day of the month following activity, as well as, a CD with scanned images of the front and back of each check issued for all accounts. In addition, the bank must provide a separate computer listing of all checks which have cleared by check (voucher) number and amount with a total dollar amount indicated on all accounts not designated for automatic reconciliation services. The City needs the ability to use a form of Control Pay that will allows items that are transmitted to be verified prior to being paid by the bank. The ability to offer ACH on- line bill payment, utilizing credit cards, debit cards, and ACH transactions. The City requires an on-line banking feature to be used to obtain and report on balances and transactions on a daily basis for each bank account. This feature must also allow for the initiation of wire transfers and stop payments. The Proposer should have the capability to upload data (cleared checks) to the City's financial system. • SAME DAY PROCESSING -All transactions received before the close of business must be posted on the same day (at no extra charge). • STATEMENT AND ADVICE FREQUENCY -All advises affecting a debit or credit memo type transaction must be produced daily and emailed/Fedex to the City. Statements on all bank accounts will be produced monthly on a calendar month basis and available to the City no later than the 7th working day of the subsequent month. • AUTOMATIC REDEPOSIT OF DEPOSIT ITEMS RETURNED -All deposit items charged back on the City's general operating/depository account will be automatically re-deposited the following day of the bank. If returned a second time, they will be forwarded on a daily basis to the City • DIRECT DEPOSITIACH -PAYROLL CHECKS -The Proposer must have the ability to initiate direct deposit for payroll. It is estimated that 1 ,850 of the City's 2,000 97 Commission Memorandum-RFP 53-11/12-For the Provision of Various Banking Services to the City of Miami Beach for a Five-Year Period with Five One-Year Renewal Options November 14, 2012 Page 3 employees utilize direct deposit. Additionally, the ability to provide payroll cards for those employees that are not on direct deposit • COUNT AND DEPOSIT METER COLLECTIONS -The City's Parking Department, via an armored car service, will deliver 20-23 bags containing coins (in all denominations) in the amount of $12,000 to $20,000 daily. The Proposer must have the ability to count, weigh and deposit coins, or provide an alternative solution for this process. • LOCK BOX ACCOUNT PROCESSING -The City utilizes a lock box to receive payments for various types of City fees. The proposer must have the ability to process transactions and report by type. The estimated volume is $2,500,000 per month. • AUTOMATED TELLER MACHINE (A TM) -The Proposer must be willing to install a revenue sharing ATM at City Hall (at no cost to the City), at a location to be determined by the City. • LOCAL DECISION MAKING AT BANK OFFICES -The location of a banking office should be located in Miami Beach preferably located convenient to City Hall. This banking office should have the ability to make decision and solve problems. • PERSONAL CONTACT-The Proposer must assign personal contacts at the Senior Management Level, Branch, Treasury Management, Merchant Services, and Technical Support areas. • PURCHASING CARD PRODUCT -The Proposer must provide a Purchasing Card Product for ease of procurement purchases that can interface with the City's financial system, and it must also interface with the program, "Card Manager Plus by WORKS", or other equivalent software. • ADDITIONAL SERVICES (OPTIONAL) -No charge for non-client check cashing; offer employee benefits that include free checking account and other employee benefits. • OTHER OFFERED SERVICES -Any other product/service that the Proposer may offer its clients that the City has not otherwise requested in the RFP. RFP PROCESS On July 18, 2012, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 53-11/12, for the provision of various banking services to the City for a five-year period with five (5) annual renewal options. RFP No. 53-11/12 was issued on July 25, 2012, with an opening date of September 14, 2012. A pre-bid conference to provide information to the proposers submitting a response was held on August 7, 2012. BidNet issued bid notices to 13 prospective proposers which resulted in the receipt of the following five (5) proposals: • Bank of America, N.A. • Citibank N.A. • J.P. Morgan Chase Bank, N.A. • SunTrust Bank • TO Bank, N.A. 98 Commission Memorandum-RFP 53-11/12-For the Provision of Various Banking Services to the City of Miami Beach for a Five-Year Period with Five One-Year Renewal Options November 14, 2012 Page 4 As a result, the following table provides the proposed pricing submitted: Additional Less Waived Fees 1st First Year Total Earning Five-Year Total Credit Rate Fees Fees Subtotal ear Fees ECR)1 0.50% fixed $ 112,426.44 $ $ 112,426.44 $ $ 112,42 2,132.20 for 3 rs 0.50% fixed 2,990.16 for 1 r On October 1, 2012, the Interim City Manager via Letter to Commission (LTC) No. 249-2012, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • Mario Coryell, Resident and Loan Review Committee Member • Jacqueline Lalonde, Resident and Budget Advisory Committee Member • Joe Londono, Resident and Leadership Academy Graduate • Juan Rodriguez, Treasury Manager, Finance Department • Allison Williams, Chief Accountant, Finance Department In addition to those noted, the following individuals were proposed as alternates: • Georgette Daniels, Senior Management and Budget Analyst, OBPI • Mayra Diaz-Buttacavoli, Resident and Loan Review Committee Member • John Gardiner, Resident and Budget Advisory Committee Member • David Lancz, Resident and Budget Advisory Committee Member • James Sutter, Internal Auditor, OBPI • Juan Torres, Resident and Loan Review Committee Member On October 15, 2012, the Committee convened to review and discuss the proposals and nominated Allison Williams as Committee Chair. The Committee decided to invite the proposers to provide a presentation detailing their customer service philosophy and approach, an explanation of their proposed fee structures regarding services and earning credit rates, available technology, and transition plan. On November 2, 2012, the Committee reconvened to interview each proposer. Upon completion of the interviews, the Committee discussed their individual perceptions of each prospective firm's qualifications, experience, and competence in order to score and rank each accordingly to develop its recommendation to the Interim City Manager based on their scores and ranking. In determining the most qualified firms, the Committee discussed each firm's proposal based on the criteria noted in the RFP below: 1 ECR refers mainly to the City's General Depository and RDA's City Center accounts held at SunTrust Bank. The City's and RDA's investments are held at Fiduciary Trust International, as custodian of the investments in the City's and RDA's name. These investments are purchased in accordance with the City's Investment Policy. 99 Commission Memorandum-RFP 53-11/12-For the Provision of Various Banking Services to the City of Miami Beach for a Five-Year Period with Five One-Year Renewal Options November 14, 2012 Page 5 5 Criteria -On-line Services 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 ven_gor 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. In regards to online services, the Committee felt that each proposer demonstrated the technological capabilities to meet the City's needs. After interviewing each proposer's team, the Committee believed that each was committed to providing excellent customer service to the City and ensured that a local representative would be available to address any concerns. With these factors considered mostly equal, the charges for services and earned interest rate were the ultimate factors that distinguished one proposer from the other. As a result, the Committee's final scoring is provided below: Based on the scores and rankings of the Committee members, SunTrust Bank was selected unanimously as the top-ranked firm. TD Bank N.A. was second based on the rankings. Therefore, a motion was made by Allison Williams, seconded by Joe Londono, and voted unanimously in favor by the Committee, to recommend to the Interim City Manager for the Administration to negotiate an agreement with the top-ranked proposer, SunTrust Bank, and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, TD Bank N.A.; further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. For more information on both proposers, their executive summaries are provided in Attachment A. INTERIM CITY MANAGER'S DUE DILIGENCE After considering the review and recommendation of the Evaluation Committee, the Interim City Manager exercised her due diligence and is recommending that the Mayor and the City Commission authorize for the Administration to negotiate an agreement with the top-ranked proposer SunTrust Bank. In addition, the Interim City Manager recommends that the Administration negotiate an agreement with TD Bank, N.A., the second-ranked proposer, in the event negotiations are unsuccessful with the top-ranked proposer. 100 Commission Memorandum -RFP 53-11/12 -For the Provision of Various Banking Services to the City of Miami Beach for a Five-Year Period with Five One-Year Renewal Options November 14, 2012 Page 6 CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accepts the recommendation of the Interim City Manager pertaining to the ranking of proposals pursuant to Request for Proposals (RFP) No. 53-11/12, for the provision of various banking services to the City of Miami Beach for a five-year period with five one-year renewal options; and further authorizing the Administration to enter into negotiations with the top-ranked proposer, SunTrust Bank; and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, TD Bank, N.A.; further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. KGB/JGG/FV/ME T:\AGENDA\2012\11-14-12\RFP 53-11-12-Banking Services-MEMO.doc 101 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE INTERIM CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 53-11/12 FOR THE PROVISION OF VARIOUS BANKING SERVICES TO THE CITY OF MIAMI BEACH FOR A FIVE-YEAR PERIOD WITH FIVE ONE-YEAR RENEWAL OPTIONS; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP-RANKED PROPOSER, SUNTRUST BANK; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE TOP-RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WITH THE SECOND-RANKED PROPOSER, TD BANK, N.A.; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, on July 18, 2012, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 53-11/12, for the provision of various banking services to the City of Miami Beach for a five-year period with five one-year renewal options; and WHEREAS, the RFP was issued on July 25, 2012, with an opening date of September 14, 2012; and WHEREAS, a pre-bid conference was held to provide information to prospective proposers was held on August 7, 2012; and WHEREAS, Bidsync sent notices to 13 prospective proposers resulting in the receipt of five (5) proposals by Bank of America, N.A., Citibank N.A., J.P. Morgan Chase Bank, N.A., SunTrust Bank, and TD Bank, N.A.; and WHEREAS, the Interim City Manager, via a Letter to Commission (LTC) No. 249- 2012, appointed the following individuals as Evaluation Committee (the "Committee") members: • Mario Coryell, Resident and Loan Review Committee Member • Jacqueline Lalonde, Resident and Budget Advisory Committee Member • Joe Londono, Resident and Leadership Academy Graduate • Juan Rodriguez, Treasury Manager, Finance Department • Allison Williams, Chief Accountant, Finance Department WHEREAS, in addition to those noted in the LTC, the following individuals were proposed as alternates: • Georgette Daniels, Senior Management and Budget Analyst, OBPI • Mayra Diaz-Buttacavoli, Resident and Loan Review Committee Member • John Gardiner, Resident and Budget Advisory Committee Member • David Lancz, Resident and Budget Advisory Committee Member • James Sutter, Internal Auditor, OBPI • Juan Torres, Resident and Loan Review Committee Member WHEREAS, on October 15, 2012, the Committee convened to review and discuss the proposals and decided to invite the proposers to provide a presentation detailing their customer service philosophy and approach, an explanation of their proposed fee structures regarding services and earning credit rates, available technology, and transition plan; and 102 WHEREAS, on November 2, 2012, the Committee reconvened to interview each proposer, and upon completion of the interviews, the Committee discussed their individual perceptions of each prospective firm's qualifications, experience, and competence and unanimously ranked SunTrust Bank and TO Bank, N.A. as the top-ranked and second- ranked proposers respectively; and WHEREAS, after considering the review and recommendation of the Evaluation Committee, the Interim City Manager exercised her due diligence and recommends that the Mayor and the City Commission authorize for the Administration to negotiate an agreement with the top-ranked proposer SunTrust Bank; and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, TO Bank, N.A.; further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration.proposer. 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 Interim City Manager, pursuant to Request for Proposals (RFP) No. 53-11/12, for the provision of various banking services to the City of Miami Beach for a five-year period with five one-year renewal options; and further authorizing the Administration to enter into negotiations with the top-ranked proposer, SunTrust Bank; and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, TO Bank, N.A.; further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED THIS ___ DAY OF ____ 2012. ATTEST: CITY CLERK MAYOR 103 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION l\.,..1--\L \!' Date 9/14/12 City of Miami Beach BANKING SERVICES REQUEST FOR PROPOSAL CITY OF MIAMI BEACH-RFP NO. 37-06/07 EXECUTIVE SUMMARY RI'P No: 53-11/12 Banking Services To the City Council Members, Mayor, Management, and Employees of City of Miami Beach ("the City"), we are pleased to present SunTrust Banks, Inc. response to RFP 53-11/12 for various Banking Services. We understand the scope and nature of the work to be performed and are committed to meeting the City's needs. Invest in your community and Lighting the Way to Financial Security. SunTrust invested in the City of Miami Beach in October 1964 ( 48 years ago) when we opened our branch on Lincoln Road. We have invested in New World Symphony and many other non-profit organizations and for profit businesses within the City over the decades as well. The City of Miami Beach invested in Sun Trust by establishing a banking relationship three decades later in 1995. SunTrust committed to listen , to discuss new ideas, to deliver consistent service excellence and execution as we both grew and changed. Team model approach. Fundamental to our consistent execution over the past 17 years was using a highly skilled team approach and leveraging our specialty government division's delivery and execution capabilities. Your Sun Trust relationship team, with over 80 years of banking experience, communicates regularly about the City's goals and objectives to assure coordinated seamless execution of both operational treasury service needs and credit needs. Financial security and positive earnings performance: Of the Top 10 banks in Florida 10 years ago, SunTrust Bank is the only bank to still have the same name. Sun Trust is still Sun Trust with assets totaling over $178.2 billion as of 3/31/12, having an A3 Moody's senior debt rating and serving our clients with over 1650 bank branches across 11 states in the Southeast US. As of the second quarter of 2012 the Tier 1 common ratio is approximately 9.5% on a Basel I basis, or 7.9% based upon the recently issued regulatory proposal regarding Basel Ill. This ratio is well in excess of the 2019 Basel Ill 7% standard for major banks. Currently, Sun Trust's market capitalization exceeds $14 billion and its share price is up over 50% year to date. Quick review of banking services currently in use: The City has consistently strived for excellence in execution, wanting to utilize best practices, having excellent financial controls, increasing fraud prevention, and passing along efficiencies as a savings to its taxpaying citizens. Today, the City utilizes many of SunTrust's state of the art treasury management services: our Zero Balance Accounting, Information Reporting Service through our web browser which provides the City the ability to manage ACH, wire transfer, book transfer and EDI transactions as well as retrieve specialized reports related to ACH and relevant images. We continue to offer our full complement of ACH services including direct deposit and our reconciliation service with CD-ROM capability. As it pertains to receivables services, Sun Trust will continue to offer the wholesale lockbox service as it exists today with the enhanced Lockbox Image Browser feature which captures resident information on deposited items and remittance coupons. SunTrust will continue to provide cash vault service for deposits and change orders. Moves designed to go paperless included the 2003 adoption of SunTrust's Purchasing Card-in -Hand program. Sun Trust brought awareness of increase in ACH fraud and in 2007, was so committed that we offered the City free ACH fraud protection on the City's accounts which continues to this day. Key next step recommendations for the City ccmtained within this ProPQsal Bill Consolidator: Consolidate, accelerate and upload online payments files regardless of originating vendor or bank. Improve cash flow, reduce operating cost, and increase fraud protection. 5 104 9/14/12 City ofMiami Beach RF1' No: 53-11112 Banking Services Controlled Payment Reconciliation: Already using this unique and innovative front-end matching system that automatically reconciles items presented for payment before they post to the account. CPR incorporates our Account Reconciliation, Fraud Control, and Controlled Disbursement services. We recommend an additional level of fraud protection for the City by adding Payee Name Verification to current Controlled Payment. Payroll Card: Helps reduce costs, inefficiencies, reduce exposure to fraud and liabilities involved in managing payroll checks and at the same time providing enhanced employee benefits-easy access to payroll funds and enjoy additional benefits typically only available to individuals with bank accounts, including access to banking services and simplified bill paying. Online Check Deposit: Accelerates check collection and enhances availability. Improves efficiency with simplifies processing and flexible reporting options and search feature Purchasing Card: We are recommending a seamless enhancement using SunTrust's Enterprise Spend Platform which offers merchant category restrictions and compliance monitoring and adds an e-payables solution to the City's existing card-in hand program. E-Payables increases spend with potential rebates up to 3 X card-in hand capabilities and reducing fraud to almost zero. Key SunTrust competitive P-Card advantages : Your Card Program Officer, Matthew Munafo is a former public sector program administrator and procurement professional. He understands and has experienced the concerns that the City has in regards to public scrutiny. His experience allows SunTrust to educate the City on best practices specifically to municipal sector as well as provide training on-site and locally through workshops (which he has done for the City). He and his team currently note the City tracks larger procurements with the card in hand program manually. This process leads to inefficiencies and the potential for error, especially pertaining to asset tracking, general ledger funding, lack of inventory management, and an increased risk of fraud exposure with high dollar credit lines open daily. With the payables solution, purchase order processes are kept intact, which eliminates the concern with manual tracking. Fraud is decreased by maintaining low limits on cards and only raising limits to the exact dollar amounts owed to individual suppliers. The access to card numbers is also reduced by maintaining relationships with one contact at each supplier in their accounts receivable departments. Our supplier enrollment team can contact your suppliers regarding card acceptance and enroll them into your payables program. This eliminates the City's time and effort to research potential spend opportunities with large volume suppliers. In addition to the increased revenues, the payables solution can help automate your vendor payment process, and reduce the overall number and cost of check processing and check fraud. With the combination of an experienced public sector account manager, supplier enrollment team, and fraud prevention techniques, the City is able to automate processes, increase revenue, and efficiently and effectively, provide a successful card program Best value of balances: estimated value to City $170,620 annually (3 year ECR 50 bps, one year Muni-Now rate of 18 bps.,semi-annual account settlement) The bank recommends the City consider a strategy that utilizes balances to offset banking service charges with remainder to be deposited into Muni-Now interest bearing accounts. We estimate balances of $23 million in demand deposit accounts with a 50 bps ECR will offset all bank service charges and the remainder $30.9 million will earn Muni-Now rate of 18 bps. This strategy achieves the greatest economic benefit for the City. Employee benefits -Lighting the Way to Financial Security: SunTrust at Work banking service package is much more than just saving employees money or offering free banking. What distinguishes our program is providing financial planning education to the employee which provide them the confidence to make better long term financial decisions and Lighting the Way to Financial Security. 6 105 9/l4/l2 City of Miami Beach RrP No: 53-11/12 Banking Services From all of us at Sun Trust Bank, thank you for the opportunity to continue the long and trusted relationship between our entities. We are proud to have been a member of the City's business community these past 48 years and to have been your banking services provider these past 17 years. Together, we have experience the growth of the City of Miami Beach and are looking forward to a long lasting relationship. Please feel to call with any questions. Respectfully your senior relationship team, Steve T. Leth, Senior Vice President Relationship Manager Governmental Banking Group Miami-Dade County Hilda lrigoyen, Vice President Treasury Management Officer Governmental Banking Group Miami-Dade County 7 106 America's Most Convenient Bank® xecutive umma TO Bank, N.A. is uniquely qualified to meet the financial service needs of the City of Miami Beach. Throughout our proposal, TD Bank will demonstrate its unmatched commitment to customer service; our lmovvledge and understanding of Government Banking, our state-of-the-art cash management products and services, our innovative approaches, our coinmitment to the community and most importantly our de'sire to be the City's bank of choice. The following summarizes our proposal response to the City of Miami Beach. FORCE OF CHANGE IN BA1VKJNG TD Bank, N.A. is part of the powerful TD (Toronto Dominion) Bank Financial Group with assets excess of $806.3 billion as of July 31, 2012. Bank N.A. has the largest branch network of any bank operating in both the United States and Canada. TD operates subsidiaries such as TD AMERJTRADE, TD Waterhouse and TD Canada Trust. In Florida, the bank operated under the name Commerce Bank until TD Bank Group acquired Commerce Bank on March 31, 2008 and rebrandcd as TD Bank, America's Most Convenient Bank. While many banks in the United States have been adversely affected by recent economic conditions, TDBFG maintains a Aaa rating from Moody's (one of the few banks in the world to hold this distinction), has no sub-prime mortgage exposure and was recently ranked #13 on Barron's 500 list of top North American companies. ln addition, Bloomberg just ranked Toronto Dominion as the strongest bank in North America among the Bloomberg 20 based on financia1 ratios equally weighted. Global Finance has named TD Bank one of North America's strongest financial institutions, Euromoney magazine named TD North America's Best Bank and most recently Money Magazine named TO as Best Regional Bank/Ea.'lt. Bank has developed and successfully implemented a business model has changed the way individuals, businesses and governments, bank, throughout our footprint. Our innovations in banking have made TD Bank the fastest growing bank in America. \Ve're excited and confident that our tmique approach to banking will provide numerous benefits to the City of Miami Beach. Our commitment to customer requires constant reinvestment to create a truly superior customer experience. TD Banlc grows by operating as a retailer with seven-day banking, extended hours and a passion for turning our customers into fans of TD EXPERIENCE WJTJI GOVERNA1ENTS TD Bank realized years ago that public sector entities and higher education institutions have unique needs and require a higher level of customer service. In addition, TD Bank recognized many of these entities had to comply with numerous statutes that dictated how they conducted their financial affairs. In order to meet these needs, Government Banking was developed. Today, TD Bank provides banking services to over 5,000 government clients from Maine to Florida and holds over City of Miami Beach RFP # 53-11112 Banking Services 107 $15 billion in public deposits. Our Florida Government Banking team is well-versed in public finance and how to stmcture accounts and cash management solutions that provide cost savings, maximize interest earnings and simplify the way governments conduct business. They are well- versed on Florida Statutes and how they affect the City of Miami Beach. Careful attention is paid to the details that matter and our Government Bankers witl provide on-going support to City staff members. Periodic relationship reviews will be conducted to ensure that the City of Miami has the appropriate products and services and to keep the City abreast of new technologies and innovatiom in cash management and other new services offered by the bank. OUR PROPOSAL TD Bank thoroughly examined the City's RFP for Banking Services. We are confident that we can provide all of the required services and exceed your expectations. TD Bank offers several advantages that other banks cannot match: 11 TD Bank was the bank in the United States to offer Seven-Day Banking with extended hours. TD Bank is open for our customers 361 Days a year! • Same day credit on deposits until branch closes. • Next day availability on deposits. • Next day availability (by 8 A.M.) on merchant credit card deposits that has been transmitted by 6 P.M. the previous day. • TD BANK W'll,L WAIVE CHARGES FOH. 'f.HE CITY OF l\UAMI ONCI<: SERVICES ARE FULLY IMPLEMENTED, TO HElJl OFlj'SET ANY TRANSITION • HANK WILIJ THE (TfY MIAMI BEACH FDIC CHARGES, f'l{OVIDING TIIE CITY AN ADDITIONAl, SAVINGS. • TD Bank a significant over your cutrent banking services provider. Please refer to tab D for pricing, interest and ECR information. • TD Bank will provide to the City of Miami Beach an initial order off, 1,000 deposit tickets, 1,000 200 disposable night bags, 1 endorsement stamp per account, unlimited coin wrappers and unlimited bill straps at NO COST to the City. This wiU additionally aid the City with any transition cost. • TO BANK WlLL NOT CRAJlGE TIUT, OF MIAMi BI~ACH llVI['LEMEN'TA'I'lON/SOirTWAI{E FOR CASH MANAGEMENT SERVICES. City of Miami Beach RFP # 53-11/12 Banking Services 108 CUSTOJ.lfER SERVICE TD Bank promises to the City of Miami Beach that we will provide you with the customer service and support you deserve. Our Government Bankers, Cash Management Officers, Implementation Special]sts and Customer Care Associates will be available to the City at aU Should TD Bank be awarded the City's banking services, we will assign an implementation team that will provide guidance every step of the way. The Cash Management Officer working with the City will provide in-office training to staff for on-line banking and other technical services. The City Vvill never have to call an 800 number to install services or receive training. TD Bank will take a measured and methodical approach to implementation arid pledges not to "turn the switch" until the City is completely satisfied. Unlike other banks, our personnel will continue to support the City of Miami Beach long after implementation. In addition to local support, TD Bank is proud that all of our associates are located in the United States. TD Bank does not outsomce customer service and back- support functions to other countries armmd the world. to our Customer Care area are answered within three rings by a live person. The City~s staff won't get lost in a maze of menu selections and voice mail. No other bank can make that claim! GetHuman. com which rates call centers across various industries gave TD Bank an "A" grade for our call center. TD Bank was the only bank to receive the highest in the nation. CASH 1UANAGE~!ENT EXCELLE'NCE TD Bank subscribes to market research provided by the highly regarded consulting finn, Greenwich Associates. Greenwich gathers data directly from Business Banldng ($1 to $10 million in sales), Middle Market conunercial ($10 to $500 million in sales) and other segments. The data assesses customer satisfaction over a range of categories including cash management service, operations accuracy and market share. TD Bank has been nationally rated # 1 for years in a row by Greenwich for overall business banking service, #1 overall banking service and #1 call center. TEL'JJNOLOGYAND INNOVA110N TD Bank is a vibrant, high growth company that constantly re-invests in the products, services, technologies and deliveTy channels used by our customers. TD Bank can offer many innovations to the City of Miami Beach. • TD is one oftbe largest e-payment processors in North America and our head of U.S. Cash Management is the Chairman ofNACHA's Rules and Operations Board. • TD will spend several hundred million dollars on web banking applications and enhancements over the next year. • TD was an early adopter of Check 21 and has received awards from the Federal Reserve for top digital check processing services. In Florida, TD Bank is a fully-imaged bank for deposit processing and check clearing. • TD is the first bank of footprint. City of Miami Beach RFP # 53-11/12 Banking Services to operate on a single platform across our entire branch 109 • TD has robust capabilities for converting paper documents to digitized images while applying ICR (Intelligent Character Recognition) to automate accounting and business analytics such as Positive Pay Name verification. • TD a variety of card products-credit, debit, purchasing and T &E. Provider of re-loadable card solutions for payroll, benefits and a host of disbursement management applications. • TD has the ability to offer straight through processing to establish! maintain data transmission and data management relationships. Integration of collection and/or disbursement channels into one to drive efficiency and convenience. • TD offers hmovative product solutions such as image enabled retail and wholesale lockbox platforms, integrated payables and receivables. COMMUNITY CONCERNS Because of our fmancial strength, TD Bank is able to focus on our customers, expand the markets we serve and give back to the commtmities in which we operate. TD Bank believes that the City of Miami Beach is an excellent place to do business and to grow. As TD Bank, we will continue to invest in the City by growing our business, providing donations, sponsorships and , volunteer hours. As we continue to grow in Miami-Dade County, TD Bank looks to expand our outreach into various sectors of the community. TD Bank believes there are other ways in which we can support our communities. TD has launched a very strong "Green" program throughout Nortl1 America. Some of our new "stores" and many to be built in Florida -vviH be environmentally friendly (LEED certified) and operate on full or partial solar power. TD Bank believes that prot~cting the environment is part of our responsibility to the comrmmity. Diversity is another area of commitment for Ban1c Embracing diversity v1rithin TD Bank, among our customers and within our communities is the right thing to do and it makes sense for us as a business organization. AN IMPORTANT DEC1SION TD Bank looks to develop a long-term, mutually beneficial partnership with the City of Miami Beach that goes beyond banking products and services. TD Bank pledges to provide the City with a full range products and services that meet the cmTent evolving financial needs of the City. We also pledge to work with the City to improve the quality of life for its employees and citizens. One example is our Bank at Work program that can provide numerous benefits to the City ofMiami Beach employees. In addition, TD Bank v.ill work jointly v.ith the City to find ways to make the City of Miami Beach a stronger community. TD Bank appreciates the opportunHy to provide a proposal for Banking Services to the City of Miami Beach. We realize that choosing a financial institution that can meet the City's needs under current economic conditions is an important decision. At Bank, we are committed to providing the City with world-class service from all delivery channels, the latest in cash management services and technology and the flexibility not found at other financial institutions in Florida. City of Miami Beach RFP # 53-11/12 Banking Services 110 is large enough to meet aU City's needs; however, we're small enough to to develop unique approaches to satisfy unmet or that Bank would opportunity to a presentation to the Miami to further support ou.r ability to provide the desired banking and treasury management Sincerely, 9'cutwm .'i?amiiafuwa¥t I Vice President Government 5900 N. Andrews Ave. 2."d floor ft. L.audel-dale Fl. 33309 TD Bank N.A. America's Most Convenient Bank Tf 800.5 I 0.2265 Ph 954.233.2.064 Fax 954.233.2.037 ofMiami Beach RFP # Banking Services 111 THIS PAGE INTENTIONALLY LEFT BLANK 112 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Waiving By 5/?ths Vote, The Formal Competitive Bidding Requirements And Authorizing The City Manager, Or Her Designee, To Negotiate And Execute An Agreement With Terremark North America, Inc., In An Amount Not To Exceed $328,560, For A Period Of One (1) Year, To Provide Internet Access, Managed Router Services And Hardware Co-location Space At The Network Access Point (NAP) Of The Americas Data Center Facility. Key Intended Outcome Supported: Improve Process through Information Technology Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: I Shall the Commission adopt the resolution? Item Summary/Recommendation: The City of Miami Beach Information Technology (IT) Department has been using Terremark North America, Inc., since 1999 for 100 and 260 square foot of hardened Category 5 rated co-location space at the Network Access Point (NAP) of the Americas Data Center Facility authorized pursuant to a piggyback memo approved by the City Manager for use of Miami-Dade County Contract 7662-4/10, for Internet Access and Managed Router Services. The City can no longer utilized this contract as the Board of Miami-Dade County Commissioners authorized the continued use of the above mentioned contract as a bid waiver, which is not permissible as a "piggyback" per the Miami Beach City Code Section 2-369. The Code only allows us to piggyback contracts that have been authorized pursuant to a competitive bid. Terremark North America, Inc., will extend to the City, the same pricing that is offered to Miami-Dade County. This space at the NAP serves as an off-site disaster recovery and production datacenter location for the City's critical server/network, and public safety infrastructure and overall connectivity to the internet. Due to their mission critical nature, the City must secure the most reliable services offered, which are available at the NAP. It is prudent for the City's Data Center to be located at the NAP as the City is located in a barrier island with no facility that has this type of infrastructure suitable for this purpose. The Administration recommends that the City Commission adopt the attached Resolution, which recommends a waiver of the competitive bidding process, by 5/?ths vote, finding such waiver to be in the best interest of the City, and further authorizing the City Manager, or her designee, to negotiate and execute an agreement with Terremark North America, Inc., in an amount not to exceed $328,560, for a period of one (1) year, to provide internet access, managed router services and hardware collocation space at the Network Access Point (NAP) of the Americas Data Center facility. Advisory Board Recommendation: Financial Information· Source of I Amount Funds: 1 1 $328,56o 550-0640-000323 OBPI Total 1 $328,560 Financial Impact Summary: City Clerk's Office Legislative Tracking: Director ity Manager 11-14-2012\BldWaiverTerremari\NorthAmerica-Summary.doc MIAMIB,EACH 113 Account KGB AGE!NDA ITEM C:7F DATE I!-11/-/'L City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager~!-• DATE: November 14, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING BY 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE CITY MANAGER, OR HER DESIGNEE, TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH TERREMARK NORTH AMERICA INC., IN AN AMOUNT NOT TO EXCEED $328,560, FOR A PERIOD OF ONE (1) YEAR, TO PROVIDE INTERNET ACCESS, MANAGED ROUTER SERVICES AND HARDWARE CO- LOCATION SPACE AT THE NETWORK ACCESS POINT (NAP) OF THE AMERICAS DATA CENTER FACILITY ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOMES SUPPORTED Improve Process through Information Technology BACKGROUND Terremark North America, Network Access Point (NAP) of the Americas Data Center Facility is one of the most significant telecommunications centers in the world. The facility was the first purpose- built, carrier-neutral Network Access Point and is the only facility of its kind located within our immediate geographical area. Terremark's NAP of the Americas makes Miami the only city in the U.S. where major communications traffic from various domestic and international companies is handed off in a single location. The NAP of the Americas is located in downtown Miami, it provides secure hosted facilities, floor space, enterprise grade cooling and electrical power for IT systems from multiple providers. Additionally, the NAP has the ability to self-sustain itself (due on-site fuel stores) for up to two weeks without the need of replenishment of resources; also, they are on the priority list for fuel replenishment during catastrophic events. The convergence of telecommunications infrastructure is why the Federal Government and municipalities have chosen the NAP as its hosting provider. This unique facility provides both private industry and government clients with a secure, reliable carrier- neutral facility with direct network access to the world's major communications carriers. The City of Miami Beach Information Technology (IT) Department moved to the NAP Center in 2005, and acquired a 100 square foot hardened CATS rated co-location space for disaster recovery. 114 As a result of a Business Continuity Analysis conducted in 2007, IT acquired an additional 260 square foot of co-located space to move all of its production IT infrastructure inclusive of data storage equipment in order to gain the advantages and cost efficiencies associated with the superior network connection infrastructure available there, and to safeguard certain network infrastructure as part of its disaster recovery plan. The connectivity provided through Terre mark at the NAP cannot be assumed by another facility without severe service disruptions and additional infrastructure costs to the City. The implementation of overall project was a two-year endeavor which initially included the following: • Secured a 360 sq. ft. cage locations at the NAP; • Secured high speed Internet connectivity for citywide internet use; • Secured multiple network fiber connections to the NAP from multiple City Facilities for availability; • Configured the main networking equipment for connectivity to the City; • Relocated the City's Internet and Intranet Web Servers to the NAP; • Relocated the City's Email and Security Gateway devices to the NAP; • Relocated all Public Safety production systems; • Relocated all Citywide production systems; • Relocated the City's Storage Area Network Equipment where all the City's data is stored; • Enhanced the City's Backup and Recovery Strategy; • Day to Day Operations of 220 Physical and Virtual Server Environments. It is prudent to have the City's Data Center at the NAP since the City is a barrier island with no City facility that has this type of infrastructure suitable for this purpose. Also, the City's Emergency Operations Center (EOC) has a small IT closet where we maintain certain critical systems that would be required in the event connectivity to the NAP is interrupted during a catastrophic event. The NAP facility is also leveraged for EOC related activities that have been coordinated with the City's EOC Manager. The NAP serves as a production datacenter location for the City's critical server/network, and public safety infrastructure and overall connectivity to the internet. Due to their mission critical nature, the City must secure the most reliable services offered, which are available at the NAP. In addition to the physical reliability offered during and after a disaster, gaining access to the Internet through the NAP provides the City with a level of service redundancy that it could not achieve on its own without incurring significant costs This is the primary result of the multiple Internet Service Providers (ISP's) that are located at the NAP, which provides backup capability in the event of specific ISP failure. If the City were not accessing the Internet backbone through this facility, it would have to establish separate connections with multiple ISPs to obtain the level of reliability that it currently experiences. This co-location facility is host to the Federal government's USAF Southern Command, as well as numerous other organizations such as Miami-Dade County and other municipalities. It is important to note that five (5) other companies provide similar IT Disaster Recovery Services off the State of Florida Contract; however, there hosting facilities are located out of region and are not within close proximity to the City. The State of Florida pricing is comprised of primarily Disaster Recovery type services which does not map to our current needs. The City is currently utilizing the existing NAP location as its production data center for all critical City systems; as a result, it is imperative that our data center be in close proximity to the City for support of day to day operations. In FY1 0/11, an independent analysis was conducted by John D. Gardiner, a member of the Budget Advisory Committee in which he concluded that "the pricing was excellent and hard to beat". 115 ANALYSIS The City of Miami Beach Information Technology (IT) Department has been using the Terremark North America, Inc., since 2005 authorized pursuant to a piggyback memo approved by the City Manager for use of Miami-Dade County Contract 7662-4/10, for Internet Access and Managed Router Services. The City can no longer utilize this contract as the Board of Miami-Dade County Commissioners authorized the continued use of the above mentioned contract as a bid waiver which is not permissible as a "piggyback" under the Miami Beach City Code Section 2-369. The Code only allows us to piggyback contracts that have been authorized pursuant to a competitive bid. Therefore, the Administration is requesting that the Mayor and Commission waive by a 5/7ths vote, the formal competitive bidding requirements, finding that such waiver to be in the best interest of the City, and authorizing the City Manager, or her designee, to negotiate and execute an agreement with Terremark North America, Inc., in an amount not to exceed $328,560 for a period of (1) year to provide internet access, managed router services and hardware co-location space at the Network Access Point (NAP) of the Americas Data Center Facility. Terremark North America, Inc., has committed to extend to the City, the same pricing that is offered to Miami-Dade County for the next twelve months. However, the NAP has recently been acquired by Verizon and is currently renegotiating contracts with GSA. As a result, Verizon cannot extend pricing to us beyond the 12 months but has committed to us that their GSA agreement, when completed will be at equal or lower prices. CONCLUSION The Administration recommends that the City Commission adopt the attached resolution. T:\AGENDA\2012\ 1 0-24-12\BidWaiverTerremarkNorthAmerica-Memo.docx 116 COMMISSION ITEM SUMMARY Condensed Title: A Resolution authorizing the City Manager to execute an Agreement, in the not to exceed amount of $350,000, for the acquisition of handheld and mobile License Plate Recognition (LPR) Parking Enforcement Systems with the firm of ParkTrak, pursuant to Request For Proposals No. 55-11 /12; and further waiving, by 5/7ths vote, the formal competitive bidding requirements as to the portion of the Agreement pertaining to the purchase of the Mobile LPR Parking Enforcement System. Ke Intended Outcome Su orted: Improve Parking Availability; Improve process through information technology, Issue: Shall the City Commission adopt the Resolution? Item Summary/Recommendation: On September 12, 2012, the Mayor and City Commission awarded Request for Proposal (RFP) No. 55-11112 to ParkTrak. ParkTrak submitted a proposal for a Handheld LPR parking enforcement system but did not submit a proposal for a Mobile LPR system. The City Commission directed the Administration to pursue the purchase of a mobile LPR parking enforcement system, either via "piggybacking" on to another public contract, or such other method as it might deem in the best interest of the City. The Administration was unable to procure the LPR parking enforcement system by "piggybacking" on another contract. As a result, the Administration entered into negotiations with ParkTrak. ParkTrak has indicated that they are able to provide the LPR parking enforcement system by entering into a subcontract with Dana Safety Supply, a mobile LPR provider. In the interest of full transparency, the Administration would therefore recommend that the City Commission approve the proposed Agreement with ParkTrak for both the mobile and handheld LPR parking enforcement system and the Administration requests that the City Commission waive, by 5/7ths vote, the competitive bidding requirement of this portion of the Agreement. The Clerk of Courts LPR system and related Inter-local Agreement is a separate and distinctly different LPR parking enforcement system than the Mobile/Handheld Parking Enforcement System awarded to ParkTrak, The following is a brief description of the intent, purpose, and advantages of each LPR system. The ParkTrak Mobile/Handheld Parking Enforcement LPR system will interface with other parking payment systems and provide real time information through a web browser to identify valid/invalid parking (business/residential) permits; paid/unpaid parking status (at pay stations); and in the future interface with pay by phone technology for paid/unpaid status. The Clerk of Courts LPR (Inter-local Agreement) system is strictly intended to detect and apprehend scofflaws. Please note that an item seeking approval to execute an Inter-local Agreement between the City and the Clerk of Courts for the use of a License Plate Recognition (LPR) System to detect and apprehend scofflaws is also on the Consent Agenda. Administration Recommendation: Adopt the Resolution Advisory Board Recommendation: IN/A Financial Information: Source of I Amount Account Funds: 1 $350,000.00 "'' "'" erations ~ 4so-2739-ooo67 4 2 3 OBPI Total $350,000.00 Financial Impact Summary: City Clerk's Office Legislative Tracking: Saul Frances, Parking Director S1 n-Offs: Department Dir MIAMI BEACH 127 Approved Fund AGENDA ITEM DATE C1G- IJ:-/lfJ'-- MlAMlBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager 1;{,Y~ DATE: November 14, 2012 SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN THE AMOUNT NOT TO EXCEED AMOUNT OF $350,000, FOR THE ACQUISITION OF HANDHELD AND MOBILE LICENSE PLATE RECOGNITION (LPR) PARKING ENFORCEMENT SYSTEMS WITH THE FIRM OF PARKTRAK, PURSUANT TO REQUEST FOR PROPOSALS NO. 55-11/12; AND FURTHER WAIVING, BY 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS AS TO THE PORTION OF THE AGREEMENT PERTAINING TO THE PURCHASE OF THE MOBILE LPR PARKING ENFORCEMENT SYSTEM. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOMES SUPPORTED Improve Parking Availability; Improve process through information technology. FUNDING The amount budgeted for these services for Fiscal Year 2012/2013 is $350,000. Funding in the amount required will be provided from the following account: $350,000 Parking Operations Fund 480-2739-000674 BACKGROUND On September 12, 2012, the Mayor and City Commission awarded Request for Proposal (RFP) No. 55-11/12 for the acquisition of a mobile and/or handheld License Plate Recognition (LPR) parking enforcement system to ParkTrak, as the sole responsive proposer to the RFP. ParkTrak submitted a proposal for a Handheld LPR parking enforcement system but did not submit a proposal for a Mobile LPR parking enforcement system; therefore, the City Commission directed the Administration to pursue the purchase of a mobile LPR parking enforcement system, either via "piggybacking" on to another public contract, or such other method as it might deem in the best interest of the City. The Administration was unable to procure the LPR parking enforcement system by "piggybacking" on another contract; as a result, the Administration entered into negotiations with ParkTrak. ParkTrak has indicated that they are able to provide the LPR parking enforcement 128 City Commission Meeting November 14, 2012 Parking LPR RFP Page 2 system by entering into a subcontract with Dana Safety Supply, a mobile LPR provider. In the interest of full transparency, the Administration would therefore recommend that the City Commission approve the proposed Agreement with ParkTrak for both the mobile and handheld LPR parking enforcement system; however, since the portion of the Agreement having to do with the procurement of the mobile system was not included in ParkTrak's original proposal, the Administration requests that the City Commission waive, by 5/7ths vote, the competitive bidding requirement of this portion of the Agreement. PARKTRAK ParkTrak has been delivering parking solutions since 1994 as a division of a parking enforcement collections parent company; ParkTrak became independent in 2001 with the sole purpose of providing handheld parking solutions. ParkTrak is headquartered in Spokane, Washington. ParkTrak develops, markets, implements and supports handheld solutions for a broad segment of parking, security and revenue control applications. The company's parking specific application software and handheld devices provide enforcement, revenue control, tracking, and office management solutions to municipal, institutional and private parking operations across North America. The company also offers a full range of services including integration, training, and support. ParkTrak proposes a parking ticket management system with the option of imaging technology to increase ticket accuracy, decrease ticket appeals, and enhance permit management through embedded License Plate Recognition (LPR), appending photographic notes; wireless printing, and interfaces for electronic pay-by-space and pay-and-display machines. Their solution will integrate with the City of Miami Beach's existing parking management and cash receipting system and currently integrates with multiple public sector systems, comparable to the SunGard Public Sector System. ParkTrak proposed a solution for the Handheld LPR system. However, they have entered into an agreement with Dana Safety Supply to provide a solution for the Mobile LPR as well. Dana Safety Supply (DSS) DSS is a major distributor of law enforcement equipment, police duty gear, firearms, and a seller and installer of emergency vehicle equipment and related accessories. DSS operates six (6) locations in the Southeast U.S. with operations in Columbia, SC; Greensboro, NC; Miami, FL; Tampa, FL; Jacksonville, FL; and Sugar Hill, GA. DSS was founded in 2005. In January 2009, DSS was acquired by the Scott-McRae Group, a 94-year-old privately held company, with a long history of successful governmental sales operations. ParkTrak's agreement with DSS will include the hosting of data to meet the RFPs minimum requirements. Additionally, ParkTrak has an integrated solution with Genetec at Concord Parking in Vancouver, BC, Canada. Dana is Genetec's Florida supplier. DSS will be providing three (3) Mobile LPR systems to be installed in vehicles designated by the City for this purpose. The cost of the system is consistent with the proposal originally received 129 City Commission Meeting November 14, 2012 Parking LPR RFP Page 3 by DSS during the RFP process, with the exception of the cost to integrate the system with ParkTrak. ParkTrak's quote is also consistent with the proposal with the exception of the integration cost with DSS. ParkTrak Mobile/Handheld Parking Enforcement LPR System and Clerk of Courts LPR/Inter-local Agreement The Clerk of Courts LPR system and related Inter-local Agreement is a separate and distinctly different LPR parking enforcement system than the Mobile/Handheld Parking Enforcement System awarded to ParkTrak, on September 12, 2012, by the Mayor and Commission as a result of RFP No. 55-11/12 (Acquisition of a Mobile and/or Handheld License Plate Recognition (LPR) Parking Enforcement System). The following is a brief description of the intent, purpose, and advantages of each LPR system. • ParkTrak Mobile/Handheld Parking Enforcement LPR System The ParkTrak Mobile/Handheld Parking Enforcement LPR system will interface with other parking payment systems and provide real time information through a web browser to identify valid/invalid parking (business/residential) permits; paid/unpaid parking status (at pay stations); and in the future interface with pay by phone technology for paid/unpaid status. The "ParkTrak" system is the enforcement component needed to be able to transition to a "paperless" parking permit system for residential and business permits; "pay by plate" at the new parking pay stations; and expanded payment options in the future through "pay by phone" technology. • Clerk of Courts LPR/Inter-local Agreement The Clerk of Courts LPR (Inter-local Agreement) system is strictly intended to detect and apprehend scofflaws, as described above. The City does not incur any expense for this system, other than to provide a vehicle and personnel to operate the system. Please note that an item seeking approval to execute an Inter-local Agreement between the City and the Clerk of Courts, Miami-Dade County, Florida, permitting the Miami Beach Parking Department use of a License Plate Recognition (LPR) System in order to detect and apprehend Miami-Dade County Scofflaws and vehicles is also on the Consent Agenda. CONCLUSION The Administration recommends that the City Commission adopt the attached Resolution authorizing the City Manager to execute an Agreement, in the not to exceed amount of $350,000, for the acquisition of handheld and mobile License Plate Recognition (LPR) Parking Enforcement Systems with the firm of ParkTrak, pursuant to Request For Proposals No. 55- 11/12; and further waiving, by 5/7ths vote, the formal competitive bidding requirements as to the portion of the Agreement pertaining to the purchase of the mobile LPR Parking Enforcement System. KGB/PDW/SF/ME/CD/RA t:\agenda\2012\11-14-12\bid waiver lpr parking enforcement-memo2.docx 130 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 AN AGREEMENT, IN AN AMOUNT NOT TO EXCEED $350,000, FOR THE ACQUISITION OF HANDHELD AND MOBILE LICENSE PLATE RECOGNITION (LPR) PARKING ENFORCEMENT SYSTEMS WITH THE FIRM OF PARKTRAK, PURSUANT TO REQUEST FOR PROPOSALS NO. 55- 11/12; AND FURTHER WAIVING, BY 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS AS TO THE PORTION OF THE AGREEMENT PERTAINING TO THE PURCHASE OF THE MOBILE LPR PARKING ENFORCEMENT SYSTEM, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY. WHEREAS, on September 12, 2012, the Mayor and City Commission awarded Request for Proposals (RFP) No. 55-11/12 for the acquisition of a mobile and/or handheld License Plate Recognition (LPR) parking enforcement system to ParkTrak, as the sole responsive proposer to the RFP; and WHEREAS, ParkTrak submitted a proposal for a handheld LPR parking enforcement system, but did not submit a proposal for a mobile LPR parking enforcement system; therefore, the City Commission directed the Administration to pursue the purchase of a mobile LPR parking enforcement system, by either "piggybacking" on to another public contract, or through such other method as it might deem in the best interest of the City; and WHEREAS, the Administration was unable to procure the mobile LPR parking enforcement system by "piggybacking" on to another contract; as a result, the Administration entered into negotiations with ParkTrak; and WHEREAS, ParkTrak has indicated that it is able to provide the mobile LPR parking enforcement system, by entering into a subcontract with Dana Safety Supply, a mobile LPR provider; and WHEREAS, the Administration would therefore recommend that the City Commission approve the proposed Agreement with ParkTrak for both the mobile and handheld LPR parking enforcement system; and WHEREAS, notwithstanding the above, and in the interest of transparency, since the portion of the Agreement having to do with the procurement of the mobile LPR system was not included in ParkTrak's original proposal, the Administration requests that the City Commission waive, by 5/7ths vote, the competitive bidding requirement for that portion of the Agreement with Parktrak pertaining to same. 131 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby approve and authorize the City Manager to execute an Agreement, in an amount not to exceed $350,000, for the acquisition of handheld and mobile License Plate Recognition (LPR) parking enforcement systems with the firm of Parktrak, pursuant to RFP No. 55-11/12; and further waiving, by 5/7ths vote, the formal competitive bidding requirements as to the portion of the Agreement pertaining to the purchase of the mobile LPR parking enforcement system, finding such waiver to be in the best interest of the City. PASSED AND ADOPTED this __ day of __ , 2012. ATTEST: CITY CLERK MAYOR KGB/PDW/SF/ME/CD/RA t:\agenda\2012\11-14-12\bid waiver lpr parking enforcement-reso.docx APPROVED AS TO FORM & LANGUAGE & FOfl .El;,;UTION ~~~~--At ~~~7~2 ·~······/"'······· omey ~~ 132 COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the Mayor and the City Clerk to execute an lnterlocal Agreement between the City and the Clerk of Courts, Miami-Dade County, Florida, permitting the Miami Beach Parking Department use of a License Plate Recognition System in order to apprehend Miami-Dade County Scofflaws and vehicles otherwise subject to impoundment and immobilization. Key Intended Outcome Supported: Maintain or improve traffic flow; improve parking availability; improve process through information technology; and increase community satisfaction with City'Services.Neighborhood satisfaction and Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc. In FY 11/12, the Clerk of Courts LPR program detected and apprehended 1 ,242 scofflaw vehicle registrations, with a value of $443 022.30. Issue: Shall the City Commission adopt the Resolution? Item Summary/Recommendation: This lnterlocal Agreement will permit the Parking Department to continue to utilize, in a coordinated effort with the Clerk, the License Plate Recognition (LPR) System to identify and apprehend Miami-Dade County scofflaws and vehicles otherwise subject to impoundment and immobilization as determined by the Clerk and the laws ofthe State of Florida and Miami-Dade County, including vehicles displaying a stolen, fraudulent or unauthorized license plate and stolen vehicles. The LPR System is very effective tool in detecting and capturing revenue from scofflaws and stolen vehicles. The Clerk funds all acquisition costs associated with the purchase and subsequent maintenance of the LPR System. The Clerk of Courts LPR system and related Inter-local Agreement is a separate and distinctly different LPR parking enforcement system than the Mobile/Handheld Parking Enforcement System awarded to ParkTrak, on September 12, 2012. The Clerk of Courts LPR (Inter-local Agreement) system is strictly intended to detect and apprehend scofflaws, as described above. The City does not incur any expense for this system, other than to provide a vehicle and personnel to operate the system. The ParkTrak Mobile/Handheld Parking Enforcement LPR system will interface with other parking payment systems and provide real time information through a web browser to identify valid/invalid parking (business/residential) permits; paid/unpaid parking status (at pay stations); and in the future interface with pay by phone technology for paid/unpaid status. The "ParkTrak" system is the enforcement component needed to be able to transition to a "paperless" parking permit system for residential and business permits; "pay by plate" at the new parking pay stations; and expanded payment options in the future through "pay by phone" technology. Please note that an item regarding the award to ParkTrak is on this agenda, seeking a 5/th vote to waive competitive bidding, allowing ParkTrak to subcontract with Dana Safety Supplies for the provision of the Mobile LPR component. Administration Recommendation: Adopt the Resoltion Advisory Board Recommendation: I N/A Financial Information· Source of Amount Account Approved Funds: 1 $ D 2 3 4 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Saul Frances, Parking Director Sign-Offs: ~ Des~ent Director er .~if! Manager SF ~'{ KGB 4t!f/'. POW __ T:\AGENDA\2012\nov142012\MtamiDadeCountyLPRParkmgSumm.doc MIAMI BEACH AGENDA ITEM C. 7/1 DATE I 1-/lf:j L 133 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: Kathie G. Brooks, Interim City Manager DATE: November 14, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE CLERK OF COURTS, MIAMI-DADE COUNTY, FLORIDA, PERMITTING THE MIAMI BEACH PARKING DEPARTMENT USE OF A LICENSE PLATE RECOGNITION SYSTEM IN ORDER TO APPREHEND MIAMI-DADE COUNTY SCOFFLAWS AND VEHICLES OTHERWISE SUBJECT TO IMPOUNDMENT AND IMMOBILIZATION. FUNDING Funding for the License Plate Recognition (LPR) System and its respective training is entirely provided by the Clerk of Courts, Miami-Dade County (Clerk). ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS In the City's continued efforts to provide the best possible parking enforcement services supported by up-to-date technologies, the City of Miami Beach Parking Department (Parking Department) is recommending the City adopt the proposed Resolution and execute the proposed lnterlocal Agreement with the Miami-Dade County Clerk of Courts. This lnterlocal Agreement will permit the Parking Department to continue to utilize, in a coordinated effort with the Clerk of Courts, this LPR System which is intended to identify and apprehend Miami-Dade County scofflaws and vehicles otherwise subject to impoundment and immobilization as determined by the Clerk of Courts and the laws of the State of Florida and Miami-Dade County, including vehicles displaying a stolen, fraudulent or unauthorized license plate and stolen vehicles. The LPR System is operated from a moving vehicle and scans license plates for comparison to City and County records. The LPR System is a very effective tool in detecting and capturing revenue from scofflaws and stolen vehicles. The Clerk of Courts funds all acquisition costs associated with the purchase and subsequent maintenance of the LPR System. The Parking Department will assign an existing Parking Enforcement vehicle and personnel to the LPR System detail. The Inter-local Agreement will become effective when signed and will be in effect for an initial period of three years, and automatically renewable for two successive terms of one- year unless the Agreement is terminated. 134 Miami-Dade County License Plate Recognition System November 14, 2012 Page 2 of 2 The Clerk of Courts LPR system is dedicated strictly for the detection and apprehension of scofflaws and/or stolen vehicles. A "scofflaw" is defined as a vehicle registration with either five or more outstanding parking citations or one (1) outstanding disabled parking citation with an impound order from a Magistrate. The Clerk of Courts LPR has been a very effective tool in the detection and apprehension of scofflaws. In fact, in FY 11/12, the program detected and apprehended 1 ,242 scofflaw vehicle registrations, with a value to the City of $443,022.30. Clerk of Coyrts LPR/Inter~local Agreement and ParkTrak Mobile/Handheld Parking Enforcement LPR System The Clerk of Courts LPR system and related Inter-local Agreement is a separate and distinctly different LPR parking enforcement system than the Mobile/Handheld Parking Enforcement System awarded to ParkTrak, on September 12, 2012, by the Mayor and Commission as a result of RFP No. 55-11/12 (Acquisition of a Mobile and/or Handheld License Plate Recognition (LPR) Parking Enforcement System). The following is a brief description of the intent, purpose, and advantages of each LPR system. • Clerk of Courts LPR/Inter-local Agreement The Clerk of Courts LPR (Inter-local Agreement) system is strictly intended to detect and apprehend scofflaws, as described above. The City does not incur any expense for this system, other than to provide a vehicle and personnel to operate the system. • ParkTrak Mobile/Handheld Parking Enforcement LPR System The ParkTrak Mobile/Handheld Parking Enforcement LPR system will interface with other parking payment systems and provide real time information to through a web browser to identify valid/invalid parking (business/residential) permits; paid/unpaid parking status (at pay stations); and in the future interface with pay by phone technology for paid/unpaid status. The "ParkTrak" system is the enforcement component needed to be able to transition to a "paperless" parking permit system for residential and business permits; "pay by plate" at the new parking pay stations; and expanded payment options in the future through "pay by phone" technology. Please note that an item regarding the award to ParkTrak is on this agenda, seeking a 5/ih vote to waive competitive bidding, allowing ParkTrak to subcontract with Dana Safety Supplies for the provision of the Mobile LPR component. Conclusion: This Inter-local Agreement will permit the City to provide the best possible parking enforcement services supported by up-to-date technologies with no acquisition or training cost associated with the procurement and subsequent maintenance of the LPR System. The LPR System will also provide the City with additional revenues associated with the apprehension of scofflaws. KGB/PDW/SF T.\AGE.NOA\2012\nov142012\MiarniD.adeCountyLPRPark1ngMemo,doc 135 RESOLUTION TO BE SUBMITTED 136 COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Rejecting All Bids Received Pursuant to Invitation to Bid (ITB) No. 47-11/12, to Provide Grounds Maintenance Services on Selected Sites throughout the South Beach District. and Authorizing the Administration to Issue a New Invitation to Bid. The 2009 Community Satisfaction Survey noted 83% of residents and 81% of businesses rated the percentage of landsca e maintenance in ri ht·of-wa s and ublic areas as "excellent" or" ood." I Shall the City Commission adopt the resolution? Item Summary/Recommendation: The work specified in this Bid requires the proposer to furnish all labor, machinery, tools, means of transportation, supplies, equipment, materials, services and incidentals necessary to provide complete landscape maintenance services, as specified herein. The work shall include, but not limited to, litter retrieval, trash receptacles service and maintenance and waste disposal; landscape maintenance, mowing, edging, pruning; pathway, sidewalk and hardscape maintenance; herbicide/insecticide/fertilizer application; turf management; irrigation system operation maintenance I repair; and replacement of plants as required. Bid sync issued bid notices to 55 prospective bidders of which resulted in the receipt of four (4) bids. Upon reviewing the cost proposals provided by each proposer, the Procurement Division noted an inconsistency in regards to the pricing of complete full services in the pricing sheets. Pursuant to Section 3.1.2 of the ITB, a complete full service is defined to include turf mowing, grass trimming and edging, shrub pruning, groundcover pruning, tree and palm pruning, weed control, litter control, and complete irrigation inspection. A line item was provided in the pricing sheet for each location to which proposers were instructed to submit a for a complete full service in addition to each of the services defined under Section 3.1.2. The pricing sheet indicated that these services were to be included as part of the complete full service price. In many instances, proposers submitted pricing for each service which did not reflect the complete full service price submitted as well. Due to the arithmetical errors, the Procurement Division revised the pricing sheets to have the complete full service pricing accurately reflect the cost per service provided. Proposers were informed of the situation and given the opportunity to accept the revised pricing. Only Everglades Environmental Care, Inc. agreed to the revised pricing. On October 8, 2012, Parks and Recreation Assistant Director John Oldenburg and Parks Superintendent Millie McFadden met with the Procurement Division to review the proposals received and to discuss the inconsistencies regarding the pricing sheets. The recommendation by the Parks and Recreation Department that it is in the best interest to the City to reject the bids received and to reissue the ITB with a revised and simplified pricing sheet in addition to including locations in the City Center, Mid Beach, and South Beach Districts. ADOPT THE RESOLUTION. Advisory Board Recommendation: Financial information: Source of Funds: OBPI 1 2 3 4 5 6 Total$ Amount N/A Account 137 A roved AGENDA ITEM ----'--- DATE --L.L.-!......L.-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' Kathie G. Brooks, Interim City Manager ;fA "I- DATE: November 14, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REJECTING ALL BIDS RECEIVED PURSUANT TO INVITATION TO BID (ITB) NO. 47-11/12, TO PROVIDE GROUNDS MAINTENANCE SERVICES ON SELECTED SITES THROUGHOUT THE SOUTH BEACH DISTRICT, AND AUTHORIZING THE ADMINISTRATION TO ISSUE A NEW INVITATION TO BID. ADMINISTRATION RECOMMENDATION Adopt the resolution. KEY INTENDED OUTCOME Maintain Miami Beach public areas and rights-of-way Citywide SCOPE OF WORK The work specified in this Bid requires the bidder to furnish all labor, machinery, tools, means of transportation, supplies, equipment, materials, services and incidentals necessary to provide complete landscape maintenance services, as specified herein. The work shall include, but not limited to, litter retrieval, trash receptacles service and maintenance and waste disposal; landscape maintenance, mowing, edging, pruning; pathway, sidewalk and hardscape maintenance; herbicide/insecticide/fertilizer application; turf management; irrigation system operation maintenance I repair; and replacement of plants as required. INVITATION TO BID Invitation to Bid (ITB) No. 47-11/12 was issued on August 17, 2012, with an opening date of September 19, 2012. The pre-bid conference was held on August 30, 2012. During the pre-bid conference, prospective bidders were instructed on the procurement process and the information their respective proposals should contain. Bidsync issued bid notices to 55 prospective bidders of which resulted in the receipt of the following four ( 4) bids: • Everglades Environmental Care, Inc. • SFM Services, Inc. • Superior Landscaping & Lawn Services, Inc. • Valleycrest Landscape Maintenance 138 Commission Memorandum -/TB-47-11112-Grounds Maintenance for South Beach District November 14, 2012 Page 2 of2 The following table provides the total base bid prices of the four (4) responsive bids: Upon reviewing the cost proposals provided by each proposer, the Procurement Division noted an inconsistency in regards to the pricing of complete full services in the pricing sheets. Pursuant to Section 3.1.2 of the ITB, a complete full service is defined to include turf mowing, grass trimming and edging, shrub pruning, groundcover pruning, tree and palm pruning, weed control, litter control, and complete irrigation inspection. A line item was provided in the pricing sheet for each location to which proposers were instructed to submit a price for a complete full service in addition to each of the services defined under Section 3.1.2. The pricing sheet indicated that these services were to be included as part of the complete full service price. In many instances, proposers submitted pricing for each service which did not reflect the complete full service price submitted as well. Due to the arithmetical errors, the Procurement Division revised the pricing sheets to have the complete full service pricing accurately reflect the cost per service provided. The revisions are noted in the table above. Proposers were informed of the situation and given the opportunity to accept the revised pricing. Only Everglades Environmental Care, Inc. agreed to the revised pricing. On October 8, 2012, Parks and Recreation Assistant Director John Oldenburg and Parks Superintendent Millie McFadden met with the Procurement Division to review the proposals received and to discuss the inconsistencies regarding the pricing sheets. The recommendation by the Parks and Recreation Department is that it is in the best interest to the City to reject the bids received and to reissue the ITB with a revised and simplified pricing sheet in addition to including locations in the City Center, Mid Beach, and South Beach Districts. INTERIM CITY MANAGER'S REVIEW After considering the Administration's review and recommendation, the Interim City Manager exercised her due diligence and carefully considered the specifics of this ITB process. As a result, the Interim City Manager recommends to the Mayor and City Commission to reject all bids received and reissue the ITB upon revisions of the pricing sheet and other specifications. CONCLUSION The Administration recommends that the Mayor and City Commission reject all bids received pursuant to Invitation to Bid (ITB) No. 47-11/12, to provide grounds maintenance services on selected sites throughout the South Beach District; and authorize the Administration to issue a new Invitation to Bid. T:\AGENDA\2012\11-14-12\ITB 47-11-12-Grounds Maintenance South Beach District-MEMO.docx 139 RESOLUTION TO BE SUBMITTED 140 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And City Clerk To Execute Amendment No.2 To The Contract With Radio Satellite Integrators, Inc. (RSI), Dated June 27, 2011, In An Amount Not To Exceed $193,000, To Install The Automated Vehicle Locator (AVL) Device In Parks And Recreational Department Vehicles, Public Works Department Vehicles, Property Management Division Vehicles, And Additional Fire Department Vehicles; With Funding Previously Appropriated In The FY 2012/13 Budget. I Shall the Mayor and City Commission Adopt The Resolution? Item Summary/Recommendation: On December 8, 2010, the Mayor and City Commission of the City of Miami Beach, Florida accepted the City Manager's recommendation pertaining to the ranking of proposals pursuant to Request for Proposals (RFP) No. 39-09/010, for the acquisition of an automated vehicle locator (AVL) system and authorized the Administration to enter into negotiations with the top-ranked proposer, Radio Satellite Integrators, Inc (RSI), and further authorized the Mayor and City Clerk to execute an agreement upon the conclusion of successful negotiations by the Administration (Resolution No. 2010-7561 ). The Administration successfully negotiated with RSI and executed an agreement on June 27, 2011. Subsequently, as part of the first phase of implementation, AVL devices were installed in vehicles from the Building, Code Compliance, Parking, Police and Sanitation Departments/Divisions. At its July 18, 2012 meeting, the City Commission approved Amendment No. 1 to the RSI Agreement (Resolution No. 2012-27945) that extended the implementation of AVL installations to Police Patrol vehicles, as well as to a limited number of Fire Department vehicles. Over 350 AVL installations have been completed to date, and it is anticipated that this number will grow to approximately 410 by the conclusion of the second phase. Additional phases will extend to all City vehicles and most equipment. Following the rollout of the AVL program, funding for the third phase, in the amount of $193,000, was appropriated in the FY 2012/13 Budget to cover the installation and monitoring expenses associated with the implementation of the third phase of the program. This phase will cover the installation of approximately 266 AVL devices in Fire, Public Works, Parks & Recreation Departments, and Ocean Rescue vehicles. With equipment technical requirements and equipment/monitoring billing rates having been previously established, following the execution of Amendment No. 2 to the RSI contract, the AVL devices will be ordered and installation schedules will be established. ADOPT THE RESOLUTION Advisory Board Recommendation: • Financial Information: Source of Funds: 1 2 3 $10,332 4 $19,668 5 $2,016 6 $3,984 7 $6,300 $11,700 9 $8,820 10 $16,180 Total $193,000 MIAMI BEACH Account 552-6172-000325 Contract Maintenance (Fire & ocean Rescue; PW in. Environmental & Streets; Parks Admin. & GreenS ace Div.} 2-6172-000374 Machinery & Equipment (Fire & Ocean Rescue; Admin. Environmental & Streets: Parks Admin. & Green Space Div. 520-1720-000325 Contract Maintenance (Property Management Div.) 520-1720-00067 4 Machinery & Equipment (Property Management o~ 427-0427-000325 Contract Maintenance (PW-Stormwater Enterprise) 427-0427-00067 4 Machinery & Equipment (PW-Stormwater Enterprise) 425-0420-000325 Contract Maintenance (PW-W&S Enterprise-Sewer) 425-0420-000674 Machinery & Equipment (PW-W&SEnterprise-Sewer) 425-0410-000325 Contract Maintenance (PW-W&S Enterprise-Water) 425-0410-00067 4 Machinery & Equipment (PW-W&S Enterprise-Water) r r 141 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 Co FROM: Kathie G. Brooks, Interim City Manager ~ I DATE: November 14, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO.2 TO THE CONTRACT WITH RADIO SATELLITE INTEGRATORS, INC. (RSI), DATED JUNE 27, 2011, IN AN AMOUNT NOT TO EXCEED $193,000, TO INSTALL THE AUTOMATED VEHICLE LOCATOR (AVL) DEVICE IN PARKS AND RECREATIONAL DEPARTMENT VEHICLES, PUBLIC WORKS DEPARTMENT VEHICLES, PROPERTY MANAGEMENT DIVISION VEHICLES, AND ADDITIONAL FIRE DEPARTMENT VEHICLES; WITH FUNDING PREVIOUSLY APPROPRIATED IN THE FY 2012/13 BUDGET. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Maximize Efficient Delivery of Services FUNDING Funding is available in the following accounts: 552-6172-000325 Contract Maintenance: $44,556 (Fire, Ocean Rescue; Public Works Administration, Environmental & Streets; Parks Administration & Green Space Division) 552-6172-000374 Machinery & Equipment: $69,444 (Fire, Ocean Rescue; Public Works Administration, Environmental & Streets; Parks Administration & Green Space Division) 520-1720-000325 Contract Maintenance: $10,332 (Property Management Division) 520-1720-000674 Machinery & Equipment: $19,668 (Property Management Division) 427-0427-000325 Contract Maintenance: $2,016 (Public Works Stormwater Enterprise) 427-0427-000674 Machinery & Equipment: $3,984 (Public Works Stormwater Enterprise) 425-0420-000325 Contract Maintenance: $6,300 (Public Works W&S Enterprise-Sewer) 425-0420-000674 Machinery & Equipment: $11,700 (Public Works W&S Enterprise-Sewer) 425-0410-000325 Contract Maintenance: $8,820 (Public Works W&S Enterprise-Water) 425-0410-000674 Machinery & Equipment: $16,180 (Public Works W&S Enterprise-Water) Total: $193,000 142 Commission Memorandum -AVL I RSI Amend. No. 2 November 14, 2012 Page 2 of3 BACKGROUND On December 8, 2010, the Mayor and City Commission of the City of Miami Beach, Florida accepted the City Manager's recommendation pertaining to the ranking of proposals pursuant to Request for Proposals (RFP) No. 39-09/010, for the acquisition of an automated vehicle locator (AVL) system and authorized the Administration to enter into negotiations with the top- ranked proposer, Radio Satellite Integrators, Inc (RSI), and further authorized the Mayor and City Clerk to execute an agreement upon the conclusion of successful negotiations by the Administration (Resolution No. 2010-7561). The Administration successfully negotiated with RSI and executed an agreement on June 27, 2011. Subsequently, as part of the first phase of implementation, AVL devices were installed in vehicles from the Building, Code Compliance, Parking, Police and Sanitation Departments/Divisions. At its July 18, 2012 meeting, the City Commission approved Amendment No. 1 to the RSI Agreement (Resolution No. 2012-27945) that extended the implementation of AVL installations to Police Patrol vehicles, as well as to a limited number of Fire Department vehicles. This second phase is under way, and approximately 200 Police Patrol vehicles have had AVL devices installed to date. Over 350 AVL installations have been completed to date, and it is anticipated that this number will grow to approximately 410 by the conclusion of the second phase. Additional phases will extend to all City vehicles and most equipment. ANALYSIS Following the rollout of the AVL program, funding for the third phase, in the amount of $193,000, was appropriated in the FY 2012/13 Budget to cover the installation and monitoring expenses associated with the implementation of the third phase of the program. This phase will cover the installation of approximately 266 AVL devices as follows: • Fire and Ocean Rescue (81) • Parks-Administration & Green Space (44) • Property Management ( 41) • Public Works -Water (35) • Public Works -Sewer (25) • Public Works-Stormwater (8) • Public Works-Administration, Environmental & Streets (32) With equipment technical requirements and equipment/monitoring billing rates having been previously established, following the execution of Amendment No. 2 to the RSI contract, the AVL devices will be ordered and installation schedules will be established. Appropriated funds will cover first year monitoring fee expenses; recurring yearly monitoring fees will be included in the future year department budgets. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve and authorize the Mayor and City Clerk to execute Amendment No. 2 to the contract with Radio Satellite Integrators, Inc, dated June 2ih, 2011, in an amount not to exceed $193,000, to install the AVL device in Parks and Recreational Department Vehicles, 143 Commission Memorandum-AVL I RSI Amend. No. 2 November 14,2012 Page 3 of3 Public Works Department vehicles, Property Management Division Vehicles, and additional Fire Department vehicles; with funding previously appropriated in the FY 2012/13 Budget. KGB/JGG/FHB/JJF/JC T:\AGENDA\2012111-14-12\AVL RSI Amend. 2-MEMO.doc 144 TO u 145 THIS PAGE INTENTIONALLY LEFT BLANK 146 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And City Clerk To Execute A Memorandum Of Agreement, With The Florida Department Of Transportation, To Establish An Interest-Bearing Escrow Account To Deposit Funds For The Construction Of Proposed Decorative Pedestrian Crosswalks And Embedded Sidewalk Pavers With Street Names, As Part Of The State Road A1A!Collins Avenue Project, From 51h Street To Lincoln Road. Key Intended Outcome Supported: Enhance mobility throughout the City. Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction Survey, traffic appears as one of the most important areas affecting residents quality of life; 37% of residents rated traffic flow as poor; traffic is ranked number 2 by residents as one of the changes that will make Miami Beach a better place to live; traffic flow is a key driver for recommending Miami Beach as a place to live. Issue: I Shall the Mayor and City Commission approve the Resolution? Item Summary/Recommendation: The Florida Department of Transportation (FOOT) is plannin~ to construct roadway improvements on Collins Avenue/State Road (S.R.) A1A from 51 Street to Lincoln Road (Project). Construction is scheduled to begin in April 2013, and construction is anticipated to end on January 9, 2014. The Project will include roadway milling and resurfacing, restriping, sidewalk/curb and gutter reconstruction, new bulb-outs, attached mid block bulb-outs, drainage improvements, decorative lighting, landscaping, irrigation, and bonded aggregate improvements. The estimated cost of the project is $5.8 million. On July 18, 2012, per Resolution No. 2012-27954, and on September 12, 2012, per Resolution No.2012-27993, the City Commission approved various agreements with FOOT for roadway and pedestrian enhancements requested by the Collins Improvement Association (CIA) to improve the quality of life and aesthetics along this important commercial corridor. On September 12, 2012, per Resolution No. 2012-27993, the City Commission approved a Locally Funded Agreement (LFA) with FOOT to fund decorative pedestrian crosswalks and embedded sidewalk pavers with street names, with a City contribution of $126,530. This MOA should have accompanied the LFA approved by City Commission on September 12, 2012; however, FOOT did not provide this MOA with sufficient time to meet our agenda deadlines. Therefore, this agreement is being presented separately to City Commission for approval at this time. Execution of the attached Memorandum of Agreement (MOA) between FOOT and the City is required in order to establish an interest-bearing escrow account in which to deposit the $126,530 City contribution (attachment). THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION. +Advisory Board Recommendation: IN/A Financial Information: Source of Amount Funds: 1 OBPI Total MIAMI BEACH 147 Account City Man AGENDA ITEM DATE t:7K If, ( (/-J 7..,- 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 A' Kathie G. Brooks, Interim City Manager ~ ~ November 14, 2012 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MEMORANDUM OF AGREEMENT, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, TO ESTABLISH AN INTEREST-BEARING ESCROW ACCOUNT TO DEPOSIT FUNDS FOR THE CONSTRUCTION OF PROPOSED DECORATIVE PEDESTRIAN CROSSWALKS AND EMBEDDED SIDEWALK PAVERS WITH STREET NAMES, AS PART OF THE STATE ROAD A1A/COLLINS AVENUE PROJECT, FROM 5TH STREET TO LINCOLN ROAD. ADMINISTRATION RECOMMENDATION The Administration recommends approving the Resolution. BACKGROUND The Florida Department of Transportation is planning construction improvements on Collins Avenue/State Road (S.R.) A 1A from 51h Street to Lincoln Road (Project). Construction is scheduled to begin in April 2013, and construction is anticipated to end on January 9, 2014. The Project will include roadway milling and resurfacing, restriping, sidewalk/curb and gutter reconstruction, new bulb-outs, drainage improvements, decorative lighting, landscaping, irrigation, and bonded aggregate improvements. The City has been collaborating with the Collins Improvement Association (CIA) for some time to ensure the FOOT project includes certain aesthetic improvements that will serve to improve the quality-of-life of this important commercial corridor. As a result of the CIA's involvement, the scope of the Project has increased from a simple milling and resurfacing project with little pedestrian enhancements to a $5.7 million project with decorative lighting, landscaping, irrigation, and attached mid-block bulb-outs. ANALYSIS On September 12, 2012, per Resolution No. 2012-27993, the City Commission approved a Locally Funded Agreement (LFA) with FOOT to fund decorative pedestrian crosswalks and embedded sidewalk pavers with street names, with a City contribution of $126,530. 148 Commission Memorandum -FOOT Agreements for Collins Avenue from 51h Street to Lincoln Road November 14, 2012 Page 2 of 2 This MOA should have accompanied the LFA approved by City Commission on September 12, 2012; however, FOOT did not provide this MOA with sufficient time to meet our agenda deadlines. Therefore, this agreement is being presented separately to City Commission for approval at this time. Execution of the attached Memorandum of Agreement (MOA) between FOOT and the City is required in order to establish an interest-bearing escrow account in which to deposit the $126,530 City contribution (attachment). CONCLUSION The Administration has determined that the State Road A1A/Collins Avenue Project with the additional requested pedestrian enhancements is in the best interest of the City as it will 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 Memorandum of Agreement with FOOT. Attachments: Memorandum of Agreement (MOA) JGG/FHB/JJF/RWS/JRG T:\AGENDA\2012\11-14-12\FDOT AGREEMENT FOR COLLINS AVENUE FROM 5TH STREET TO LINCOLN ROAD 149 RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MEMORANDUM OF AGREEMENT, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, TO ESTABLISH AN INTEREST-BEARING ESCROW ACCOUNT TO DEPOSIT FUNDS FOR THE CONSTRUCTION OF PROPOSED DECORATIVE PEDESTRIAN CROSSWALKS AND EMBEDDED SIDEWALK PAVERS WITH STREET NAMES, AS PART OF THE STATE ROAD A1A/COLLINS AVENUE PROJECT, FROM 5TH STREET TO LINCOLN ROAD. WHEREAS, the Florida Department of Transportation (FDOT) is planning construction improvements on Collins Avenue/State Road (S.R.) A1A, from 5th Street to Lincoln Road (Project); and WHEREAS, the City has been collaborating with the Collins Improvement Association (CIA) for some time to ensure that the Project includes certain roadway enhancements which will improve the aesthetics and livability of the Collins Avenue corridor as well as the safety of pedestrians traveling along the corridor; and WHEREAS, the City has executed various agreements for the construction and maintenance of the proposed enhancements, which are considered above and beyond the standard improvements typically implemented as part of standard FDOT roadway improvement projects; and WHEREAS, on September 12, 2012, pursuant to Resolution No. 2012-27993, the City Commission approved a Locally Funded Agreement with FDOT in the amount of $126,530 for the construction of proposed decorative pedestrian crosswalks and embedded sidewalk pavers with street names, as part of the Project; and WHEREAS, FDOT is requiring the City approve and execute a Memorandum of Agreement (MOA), which is necessary to establish an interest-bearing escrow account to deposit the funds for the construction of the proposed decorative pedestrian crosswalks and embedded sidewalk pavers with street names as part of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute the attached Memorandum of Agreement, with the Florida Department of Transportation, to establish an interest-bearing escrow account to deposit funds for the construction of proposed decorative pedestrian crosswalks and embedded sidewalk pavers with street names, as part of the State Road A 1 A/Collins Avenue Project, from 5th Street to Lincoln Road. PASSED AND ADOPTED this 241h day of October, 2012. ATTEST: Matti Herrera Bower, Mayor T:IAGENDA\2012\11-14-12\FDOT Agreement for Collins Avenue. RESO.doc 150 Attachment 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 "FDOT" and the State of Florida, Department of Financial Services, Division of Treasury, hereinafter referred to as "TREASURY" and the City of Miami Beach hereinafter referred to as the "PARTICIPANT". WITNESSETH WHEREAS, FDOT is currently constructing the following project: Main Financial Project No.: 250236-3-52-03 County: Miami-Dade hereinafter referred to as the "PROJECT". WHEREAS, FDOT and the PARTICIPANT entered into a Locally Funded Agreement (LFA) dated , 20_, wherein FDOT 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 FDOT. 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 Six Thousand Five Hundred Thirty Dollars ($126,530.00) will be made by the PARTICIPANT into an interest bearing escrow account established by FDOT for the purposes of the PROJECT. Said escrow account will be opened with the TREASURY on behalf of FDOT upon receipt of this Memorandum of Agreement. Such account will be an asset of FDOT. 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 D ACH deposit D Check 151 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# 001009068974 ABA # 026009593 Chief Financial Officer of Florida Re: DOT-K 11-78, Financial Project# For ACH deposits: Bank of America Account # 001 00906897 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. 152 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMPTROLLER 153 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF TREASURY PARTICIPANT SIGNATURE PARTICIPANT NAME & TITLE PARTICIPANT ADDRESS FEDERAL EMPLOYER I.D. NUMBER THIS PAGE INTENTIONALLY LEFT BLANK 154 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting A Subterranean Utility Easement From Bernard S. Baumel, As Trustee Under Trust Agreement Dated November 28, 2004 Of The Property Located At 1700 West 251h Street, For The Construction, Installation, Maintenance, Repair, And Replacement Of Water And Sewer Mains. Ke Intended Outcome Su orted: Ensure Well Maintained Infrastructure Shall the City accept this easement on the property located at 1700 West 25 Street and owned by Bernard Baumel Trust ? Item Summary/Recommendation: The City has an 8-inch diameter watermain and an 8-inch diameter sanitary sewer force main running beneath the water, separating Sunset Island II and Sunset Island Ill. These mains were installed via direct bury and have several bends, that allow them to connect to easements on the islands that are offset from each other. Both the water and sewer subaqueous existing pipes have reached their life expectancy of +80 years. Therefore, they will need to be replaced soon. Due to the difficulty in permitting, as well as the intrusiveness of installing, new mains via open cut, the City has selected a horizontal directional drill method is the most practical method for installing new subaqueous mains. However, mains installed via this method can only have a limited deflection. As a result, the old easements are too far offset to be used, and a new easement is needed on Sunset Island II in order to install new subaqueous replacement water main and sewer force main. The Administration recommends adopting the Resolution. Advisory Board Recommendation: Financial Information: Source of Amount Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin Fred Beckmann, Public Works X6012 Director Assistant Ci T:\AGENDA\2012\11-14-12\easements\1700 W 25 ST Easement Sum.doc MIAMI BEACH 155 Account Approved AGENDA ITEM ---,;;;.........o~= DATE ____......._..:......~-__._,.::;. Ml Ml 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 Kathie Brooks, City Manager I/].~ November 14, 2012 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A SUBTERRANEAN UTILITY EASEMENT FROM BERNARD S. BAUMEL, AS TRUSTEE UNDER TRUST AGREEMENT DATED NOVEMBER 28, 2004 OF THE PROPERTY LOCATED AT 1700 WEST 25th STREET, FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, AND REPLACEMENT OF WATER AND SEWER MAINS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The City has an 8-inch diameter watermain and an 8-inch diameter sanitary sewer force main running beneath the water channel separating Sunset Island II and Sunset Island Ill (Attachment A). These mains were installed via an open cut trench method and have several bends that allow them to connect to easements on the islands that are offset from each other. Both the water and sewer subaqueous existing pipes have reached their life expectancy of +80 years. Therefore, they will need to be replaced soon. Due to the difficulty in permitting, as well as the intrusiveness of installing, new mains via open cut, the City has selected a horizontal directional drill method as the most practical method for installing new subaqueous mains. However, mains installed via this method can only have a limited deflection. As a result, the old easements are too far offset to be used, and a new easement is needed on Sunset Island II in order to install new subaqueous watermain and sewer force main. ANALYSIS Funding in the amount of $800,000 is budgeted for the design and construction of the new watermain with half of the funding from Sunset Islands I & II and the other half from Sunset Islands Ill & IV Neighborhood Improvement Projects. As Sunset Islands I & II is in construction, this is an opportune time to make the connection for both mains. Both mains are proposed to be installed within the same subterranean easement being requested. 156 City Commission Memorandum-Easement at 1700 W 25 Street November 14, 2012 Page 2 of2 The City has requested a subterranean easement. The easement from Mr. Bernard Baumel (Trust), as the owner of the property located at 1700 West 251h Street, for the construction, installation, maintenance, repair replacement of water and sewer mains described as the west 1 0 feet of the east 30 feet of Lot 9, Block 2G of the 3rd revised plat of Sunset Islands, according to the plat thereof as recorded in Plat Book 40, Page 8, ofthe public records of Miami-Dade County Florida, containing 2,000 square feet more or less beginning at -10 feet NAVD88 and terminating at -25 feet NAVD88 (Attachment B). CONCLUSION The Administration recommends that the Mayor and City Commission adopt the resolution, Attachment: A. B. Aerial of Existing Watermain and Force Main and Proposed Easement Sketch and Legal Description of the Proposed Easement. JGG/FHB/JJF/RWS/JR T:\AGENDA\2012111-14-12\easements\1700 W 25 ST Easement Memo.doc 157 158 Attachment B a:: 0:: 0 0 1-1- ~~ ~~ zao zao ::::><> ::::>~ llle lll- ........... SURVEYORS NOTE: CANAL EXHIBIT "8" 1: THIS IS NOT A SURVEY NTS A SUBTERRANEAN UTILITY EASEMENT FOR THE CONSTRUCTION, INSTAllATION, MAINTENANCE, REPAIR. AND REPLACEMENT OF WATER AND SEWER MAINS, SAID EASEMENT lYING BETWEEN (-)10.00 FEET AND (-)25.00 FEET (NAVD 1988) AND BENEATH A PORTION OF THE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 22040, PAGE 264, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA BEING HORIZONTALLY DESCRIBED AS FOLLOWS: BEING THE WEST 10 FEET OF THE EAST 30 FEET OF LOT 9, BLOCK 2G. 3RD REVISED PlAT OF SUNSET ISLANDS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 40, PAGE 8, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA. CONTAINING 2,000 SQUARE FEET MORE OR LESS. THE HORIZONTAL LENGTH OF SAID EASEMENT SHALL BE SHORTENED OR EXTENDED TO THE SOUTHERLY RIGHT OF WAY LINE OF 25TH STREET AND THE NORTHERLY MEAN HIGH WATER LINE OF THE ADJACENT CANAL LEGEND & ABBREVIATIONS: I HEREBY CERTIF"Y: tho! thb "SK!:TCH AND LEGAL DESCRIPTION" is correct oncl meets !.he Minimum Tec:hnic:ol StondCfds 101' Lood Surveying in the Stole flOI'iclo os set fcwrth in Chapter 472.o:rr ORB (C) POS (P) R/W OFFICIAL RECORD BOOK 08 CALCULA TEO DIMENSION TYP POINT OF BEGINNING PG PlAT DIMENSION Pll RIGHT-OF'-WA.Y P8 DEED BOOK TYPICAl PAGE PlAT LOT liNE PLAT BOOK (F'.S.) and !:>J-17 oi the Florida Adtrlinistroliw Not IIOli<l the and raised seal License<! ond 9/27/2012 DATE EASEMENT, SUNSET ISLAND No.2, 1700 W. 25 ST. 159 ..HEET J. OF l. RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A SUBTERRANEAN UTILITY EASEMENT FROM BERNARD 5. BAUMEL, AS TRUSTEE UNDER TRUST AGREEMENT DATED NOVEMBER 28, 2004 OF THE PROPERTY LOCATED AT 1700 WEST 25th STREET, FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, AND REPLACEMENT OF WATER AND SEWER MAINS. WHEREAS, the City has an 8-inch diameter watermain and an 8-inch diameter sanitary sewer force main running beneath the water channel separating Sunset Island II and Sunset Island Ill; and WHEREAS, the water and sewer subaqueous existing pipes have reached their life expectancy of +80 years, and will therefore need to be replaced soon; and WHEREAS, due to the difficulty in permitting, as well as the intrusiveness of installing, new mains via open trench cut, the City has selected a horizontal directional drill method as the most practical method for installing new subaqueous mains; and WHEREAS, the existing easements are not suitable for the new installation, and a new easement is needed on Sunset Island II in order to install new mains; and WHEREAS, Bernard S. Baumel, as Trustee under Trust Agreement dated November 28, 2004 has agreed to provide the City with a subterranean utility easement, located at 1700 West 25th Street, for the construction, installation, maintenance, repair and replacement of water and sewer mains. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept a subterranean utility easement from Bernard S. Baumel, as trustee under trust agreement dated November 28, 2004 of the property located at 1700 West 25th Street, for the construction, installation, maintenance, repair, and replacement of water and sewer mains. PASSED AND ADOPTED this 24th day of October, 2012. ATTEST: Matti Herrera Bower, Mayor Rafael Granado, City Clerk ~~ -C-it-~-A-tt_o_rn_e __ ,.....""'--__,.D-a-te-- T:\AGENDA\2012\11-14-12\easements\1700 W 25 ST Easement Reso.doc 160 APPROVED AS TO FORM & LANGUAGE & f()J1 CUTION C7 -Resolutions C7M A Resolution Approving An Amendment To The Lease Agreement Between The City And Massage Partners, Inc. Authorizing The Additional Use Of The Leased Premises Located At 767 17th Street As A Nail Salon; Furthermore, Approving The Additional Rent To Be Paid By Massage Partners, Inc. For The Use Of The Common Area Bathrooms Located On The Second Floor Of The 1701 Meridian Avenue Office Building For Its Nail Salon Customers; And Further Authorizing The Mayor And City Clerk To Execute The Agreement Subject To Final Review By The City Manager And Form Approval By The City Attorney. (Real Estate, Housing & Community Development) (Memorandum & Resolution to be Submitted in Supplemental) 161 Agenda Item C 7 f\1 Date 1[-/lf-J:f-- THIS PAGE INTENTIONALLY LEFT BLANK 162 COMMISSION ITEM SUMMARY Condensed Title· A Resolution Authorizing: 1) An Amendment to the NSP1 Agreement between the City and the State of Florida Department of Economic Opportunity (DEO) and the related Agreement between the City and Miami Beach Community Development Corporation (MBCDC) to extend the expiration date of both agreements to February 15, 2013; 2) to utilize unspent administration funds in the amount of approximately $248,000 to reduce the debt service at The Neptune Apartments In order to reduce the rents. to modify the project budgets; and 3) to modify the corresponding mort.gages. Key Intended Outcome Supported: Increase access to workforce or affordable housing. Supporting Data (Surveys, Environmental Scan, etc.): Based on the Strategic Plan 2011 Update, the number of affordable housing units is 4,743. Issue: Shall the City approve amendments extending the expiration dates of the NSP1-related contracts with the State DEO and MBCDC from November 23, 2012, to February 15, 2013, in order to fully expend administrative funding; transfer a portion of unspent administration funds to MBCDC in order to reduce debt service at The Neptune Apartments with a corresponding reduction In rents to income-eligible residents? Item Summary/Recommendation: The U.S. Housing and Economic Recovery Act of 2008 created the Neighborhood Stabilization Program (NSP1), which directed HUD to allocate $3.93 billion to states and units of local government as emergency assistance for the purchase and redevelopment of abandoned and foreclosed homes. Miami Beach applied for NSP1 funds for the purchase and rehabilitation of one or more multi-family buildings to be kept as rental properties to benefit income-qualified households in accordance with the NSP1 regulations and was awarded a total of $9,305,268 through an initial allocation plus two subsequent allocations. The State DEO is the pass-through entity handling HUD's NSP1 allocation to the City of Miami Beach. The initial allocation to the City in the amount of $2,549,441 was formula-based. The second and third allocations in the amounts of $4,755,717 and $2,000,000, respectively, were awarded to Miami Beach after the original recipients, Apopka and Clearwater, failed to meet the program's benchmarks. The City of Miami Beach consistently demonstrated above-average performance. The City entered into a grant agreement with the State, and after conducting a procurement process for award of the first allocation, entered into a related agreement with MBCDC. Both Agreements were subsequently amended to accept and govern the second and third allocations of funding. Both Agreements currently expire on November 23, 2012. From each of the three allocations, totaling $9,305,268, the City was allowed to use a maximum of 6.8% for administrative expenses. Therefore, a total of $632,758 was allocated for administration expenses and $8,672,510 for NSP1 project development. Three foreclosed buildings were acquired by MBCDC pursuant to the NSP1 guidelines and they are all substantially complete. The Madeleine, a 16-unit building located at 7871 Crespi Blvd., received a C.O. on October 11, 2012; The Neptune, a 35-unit building located at 1632 Meridian Avenue, received a TCO on May 9, 2012; and The Lottie a nine-unit, 530 75 Street, is expected to receive a C.O. within the next week. Construction costs have exceeded the available budgeted NSP1 funding by a shortfall in excess of $80,000, which will be covered by MBCDC. Of the available $632,758 NSP1 administrative funding allocated to the City, as of September 30,2012, unexpended administrative funds were $300,947.93. The Administration did not budget and did not anticipate expending any NSP1 administrative funds after November 23, 2012. The State DEO has asked the City to extend the time of the agreements to comply with NPS1 close-out instructions. Based on current administrative expenditure rates, the projected balance of unspent administrative funds, as of February 15, 2013, will be approximately $247,304.05. The Administration has had extensive discussions with the State DEO representatives regarding eligible uses of any unspent administrative funds. DEO has informed the City that the unexpended administrative funds should be loaned to MBCDC for either debt reduction on The Neptune Apartments, or to establish an operating reserves account for the 60 units. MBCDC has requested that the City utilize the unspent administrative funds to provide assistance in covering its current construction budget gap in the amount of $82,506, and/or that the City allocate the unspent administrative funds to reduce its debt service on The Neptune Apartments. The Administration recommends that unspent administrative funds be allocated towards The Neptune's debt reduction, in order to reduce rents to residents in The Neptune. Current rents, albeit being kept "affordable" pursuant to HUD and NSP1 guidelines, exceed the capability of some low to moderate income residents. However, if the current debt service is reduced, a further reduction of rent can be achieved so that 18 rental units can be reduced from the current HUD-approved rent of $722, to $620 per month for eligible low income residents. Corresponding budget amendments and modifications of mortgages are in order and will be executed. Advisory Board Recommendation: N/A Financial Information: Source of Funds: Amount $247,304.05 AP MS F:\T_Drive\AGENDA\2012\11-14-12\NSP1 Agreement Amendm MIAMI BEACH 163 Account Approved 138-5668-XXXXXX KGB AGENDA ITEM C 7/IJ DATE /1-/lf-)1- m MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie Brooks, Acting City Manager/~~ • DATE: November 14, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE FOLLOWING ACTIONS WITH REGARD TO THE CITY'S NEIGHBORHOOD STABILIZATION PROGRAM 1 (NSP1) AGREEMENTS: 1) APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NUMBER 4 TO THE SUBGRANT AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) AND THE CITY MODIFYING THE EXPIRATION DATE OF THE SUBGRANT AGREEMENT FROM NOVEMBER 23, 2012, TO FEBRUARY 15, 2013, RE- ALLOCATING UNSPENT ADMINISTRATION FUNDS, AND MODIFYING THE PROGRAM BUDGETS; 2) APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 8 TO THE NSP1 AGREEMENT BETWEEN THE CITY AND MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION (MBCDC), DATED JANUARY 21, 2010, MODIFYING THE EXPIRATION DATE OF SUCH AGREEMENT FROM NOVEMBER 23, 2012 TO FEBRUARY 15, 2013, AND ALLOCATING THE CITY'S UNSPENT ADMINISTRATION FUNDS IN THE AMOUNT OF APPROXIMATELY $248,000, TO REDUCE THE DEBT SERVICE ON THE NEPTUNE APARTMENTS; AND 3) FURTHER AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO TAKE SUCH ACTIONS AS MAY BE REQUIRED WITH REGARD TO PREPARING AND HAVING THE MAYOR AND CITY CLERK EXECUTE MODIFICATIONS OF MORTGAGES FOR THE REFERENCED NSP1 FUNDED PROJECTS; SUCH MODIFICATIONS REVISING THE MORTGAGE AMOUNTS TO REFLECT THE FINAL BUDGETED AMOUNTS FOR EACH PROJECT. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS On July 31, 2008, the United States Congress enacted the Housing and Economic Recovery Act of 2008, thereby creating the Neighborhood Stabilization Program, which directed the Department of Housing and Urban Development (HUD) to allocate $3.93 billion to states and units of local government as emergency assistance for the purchase and redevelopment of abandoned and foreclosed homes. Resolution No. 2009-27039 was adopted by the City Commission on March 18, 2009, approving the City's application for and planned use of NSP1 funds for the purchase and rehabilitation of one or more multi-family buildings to be kept as rental properties to benefit income-qualified households in accordance with the NSP1 regulations, with an end goal of stabilizing neighborhoods impacted by foreclosures. 164 CITY OF MIAMI BEACH Page 2 of 4 The City of Miami Beach was awarded a total of $9,305,268 in NSP1 funds through an initial allocation plus two subsequent allocations. The State's Department of Community Affairs (DCA), now known as the Department of Economic Opportunity (DEO), is the pass-through entity handling HUD's NSP1 allocation to the City of Miami Beach. The initial allocation to the City in the amount of $2,549,441 was formula-based. The second and third allocations in the amounts of $4,755,717 and $2,000,000, respectively, were awarded to Miami Beach after the original recipients, Apopka and Clearwater, failed to meet the program's benchmarks. Conversely, the City of Miami Beach consistently demonstrated above-average performance. On September 9, 2009, the City approved Resolution No. 2009-27175 authorizing the execution of the Federally-funded Subgrant Agreement with DCA ("State Agreement"). The initial allocation was $2,549,551. After the Administration conducted a duly-noticed procurement process for award of the first allocation, the City Commission approved on September 9, 2009, Resolution No. 2009-27194 authorizing the execution of an Agreement with Miami Beach Community Development Corporation to carry out the City's planned use of, and application for, NSP1 funds ("MBCDC Agreement"). The initial strategy was to fund the acquisition and rehabilitation of one affordable housing project. MBCDC identified the 16-unit building located at 7871 Crespi Blvd., which was later named The Madeleine. The State Agreement for the first allocation was subsequently amended to include the two additional allocations in the amounts of $4,755,717 and $2,000,000 which were awarded on March 24, 2010, and July 30, 2010, respectively. From each of the allocations, now totaling $9,305,268, the City was allowed to use a maximum of 6.8% for administrative expenses. Therefore, a total of $632,758 was allocated for administration expenses and $8,672,510 for NSP1 project development. On February 3, 2010, the MBCDC Agreement was amended per Resolution No. 2010-27335, which was adopted on February 3, 2010, to allow for the allocation of additional NSP1 funds received by the City. The additional acquisition and rehabilitation funds resulting from the second and third allocations were authorized for the acquisition and rehabilitation of The Neptune, a 35- unit foreclosed apartment building located at 1632 Meridian Avenue; and The Lottie, a nine-unit foreclosed apartment building which contains large apartments and is suitable for families, located at 530 75 Street. With the additional funding, a total of 60 units were purchased and rehabilitated for income-eligible Miami Beach residents. As required by NSP1 program monitors and as is the City's customary practice, estimated budgets were prepared for each project prior to plans approval and permitting, and corresponding mortgages were recorded at the time of the acquisitions. The amounts of the mortgages were determined by factoring acquisition costs per the closing statements, plus rehabilitation costs as estimated by the developer. However, due to City-required plan revisions and unforeseen permitting requirements, unanticipated construction costs arose, resulting in necessary budget modifications. Construction costs to date exceed the available budgeted NSP1 funding by a shortfall of $82,506. MBCDC has committed to filling the shortfall. The three NSP1-funded buildings are substantially complete. The Madeleine, 7871 Crespi Blvd., received a C.O. on October 11, 2012; The Neptune, 1632 Meridian Avenue, received a TCO on May 9, 2012; and The Lottie, 530 75 Street, is expected to receive a C.O. within the next week. The State DEO's contract with U.S. HUD for NSP1 funding expires on March 19, 2013. The City's contract with the State DEO and the City's concurrent contract with MBCDC expire November 23, 2012. The State DEO has requested that both Miami Beach contracts be extended through February 15, 2013, in order to close out the grant and resolve the pending 165 CITY OF MIAMI BEACH Page 3 of 4 issue of the City's unspent administrative funding. Of the available $632,758 NSP1 administrative funding allocated to the City, as of September 30, 2012, remaining unexpended administrative funds were $300,947.93. The Administration did not budget and did not anticipate expending any NSP1 administrative funds after November 23, 2012, which is when the current contract with the State expires. However, extending the State Agreement, as requested by DEO, will enable the Administration to continue to expend grant funding while staff monitors the rent- ups of the sixty units, and complies with any NPS1 close-out instructions. This will also free up $53,643.88 of budgeted general funds to pay for administrative expenses from November 241h through February 15, 2013. Based on current administrative expenditure rates, the projected balance of unspent administrative funds, as of February 15, 2013, will be approximately $247,304.05. In the meantime, the Administration has had extensive discussions with the State DEO representatives regarding the eligible uses of the unspent administrative funds. DEO has informed the City that the unexpended administrative funds should be loaned to MBCDC for either debt reduction on The Neptune Apartments, or to establish an operating reserves account for the 60 units. MBCDC has requested that the City utilize the unspent administrative funds to provide assistance in covering its current construction budget gap in the amount of $82,506, and/or that the City allocate the unspent administrative funds to reduce its debt service on The Neptune Apartments. While two of the three NSP1 projects were 100% NSP1-funded, The Neptune's acquisition, closing costs, and rehabilitation required additional funding sources. The purchase price of The Neptune was $5,657,850, which met the NSP1 purchase requirement of 1% below appraised value. In order to facilitate MBCDC's acquisition and anticipated rehabilitation costs, on May 12, 2010, the City Commission approved Resolution No. 2010-27390, authorizing the following actions: • Reallocation of NSP1 funds in the amount of $246,898.53 from The Madeleine project to The Neptune; • Utilizing the second NSP1 allocation in the amount of $4,432,328.24; • Utilizing FY2009/1 0 US HUD HOME funds in the amount of $650,000; • Subordination of the City's first lien position to private bank financing acquired by MBCDC in the amount of $700.000. MBCDC's resulting annual debt service to International Finance Bank (IFB) on The Neptune is $53,613. As of November 2, 2012, the loan balance was $686,132.52. Rents are currently $558 for very low income residents who earn 50% or less of the Area Median Income of $52,600 ("AMI"); and $722 per month for residents earning 60% or less of the AMI. The City and MBCDC committed to DEO that half of the units at The Neptune would be reserved for very-low income residents (those earning 50% or below of the AMI), and the other half of the units could be for low to moderate income residents (who earn between 60 to 120% of the AMI). MBCDC had hoped to command the above-stated rents as approved by U.S. HUD for our intended income-eligible residents, however, some eligible residents have expressed an unwillingness or inability to pay the requested rents. Consequently, only 26 of the 35 units are occupied. Pursuant to the Miami Association of Realtors' Multiple Listing Service, comparable fair market rents for similar residential units within walking distance of Lincoln Road cost between $1,000 to $1,900 per month. Other similar size units are available in the $750 range; however, they are not of comparable value. Therefore, after conferring with the State DEO and conducting an analysis of the benefit to the residents of Miami Beach, the Administration recommends that unspent administrative funds be 166 CITY OF MIAMI BEACH Page 4 of 4 allocated towards The Neptune's debt reduction under the following circumstances: NEPTUNE APARTMENTS REDUCTION OF DEBT SERVICE CURRENT BANK LOAN (Before Reduction) HUD RENT LIMITS BASED UPON INCOME FINANCING Balance Debt Service UNIT AND INCOME BRACKET Units Rent Mo. Bank Loan $686,132 $53,613 Studios for Tenants <60% of AMI 18 722 12 Studios for Tenants <50% of AMI 17 588 12 TOTAL $686,132 $53,613 GROSS POTENTIAL INCOME 35 CURRENT BANK LOAN (After Reduction) 1u:.uUCED RENTS AFTER DEBT SERVICE REDUCTION FINANCING Amount Debt Service UNIT AND INCOME BRACKET Units Rent Mo. Bank Loan $438,828 $34,291 Studios for Tenants <60% of AMI 18 620 12 Studios for Tenants <50% of AMI 17 558 12 TOTAL $438,828 $34,291 GROSS POTENTIAL INCOME 35 I Annual Reduction in DS $19,322 1 Annual Reduction in Rents/Unit 18 102 Annual Rents 155,952 119,952 $ 275,904 Annual Rents 133,920 113,832 $ 247,752 $ 22,032 Current rents, albeit being kept "affordable" pursuant to HUD and NSP1 guidelines, exceed the capability of some low to moderate income residents. However, if the current debt service is reduced, a further reduction of rent can be achieved so that 18 rental units may be rented for $620 per month, instead of the HUD-approved maximum rent of $722. This reduction in rent equals an annual savings of $1,224 per unit or $22,032 annual savings for all18 units. CONCLUSION To execute the aforementioned tasks, the Administration requests extensions to both the City's Agreement with the State, and the City's Agreement with MBCDC to reflect a new expiration date of February 15, 2013, and further recommends that the Mayor and City Commission authorize 1.) Amendment No. 4 to the Subgrant Agreement between the State of Florida DEO and the City modifying the expiration date of the Subgrant Agreement from November 23, 2012 to February 15, 2013; 2.) authorize Amendment No. 8 to the related NSP1 Agreement between the City and MBCDC to extend the expiration date the NSP1 Agreement from November 23, 2012 to February 15, 2013; 3.) further authorize the City Manager or his designee to take such actions as may be required with regard to preparing and having the Mayor and city Clerk execute modifications of mortgages for the following NSP1 projects: The Neptune Apartments, and the Lottie Apartments, to reflect the current budgeted amounts for each project, and to show the allocation of unspent Administration funds towards the debt service at the Neptune Apartments, increasing the project development allocation of the NSP1 Program by approximately $248,000; and further authorize the Mayor and the City Clerk to execute any documentation necessary to effectuate the amend ents to the agreements. KGB/ 167 RESOLUTION TO BE SUBMITTED 168 COMMISSION ITEM SUMMARY Condensed Title: A Resolution setting a public hearing to consider a donation from the Levine Family of a memorial bench designed by Agustina Woodgate honoring I. Stanley Levine, for placement on the 900 Block of Lincoln Road, and to execute a contract with the Levine Family accepting the donation valued at $40,000 and establishing a maintenance reserve account for the first year of maintenance and repairs to said memorial bench. Key Intended Outcome Supported: Increase community rating of cultural activities. Supporting Data {Surveys, Environmental Scan, etc.): The 2012 Community Satisfaction Survey shows that 67% of residents 56% of businesses feel the City has "about right' the amount of cultural activities. Issue: I Shall the City set a public hearing date to consider the donation of a memorial bench for the 900 block of Lincoln Road? I Item Summary/Recommendation: The above referenced item was first deferred to Neighborhood/Community Affairs Committee (NCAC) at the City Commission meeting on Dec. 8, 2010, at the request of Mayor Herrera Bower. The process of approving the placement of a commemorative memorial is governed by City Code, Article VI. Naming of Public Facilities and Establishment of Monuments or Memorials, Sec. 82-504 and the City's Art in Public Places (AiPP) Guidelines donation policy. On Jan. 11, 2011, NCAC discussed proposal to honor I. Stanley Levine with a bench on Lincoln Road. During the meeting, the Committee passed a motion to recommend approval of a memorial and staff reminded the Committee that the City had not budgeted funds for this project. Mr. Robert Levine (Donor), the son of I. Stanley Levine, stated the family was willing, if necessary, to fund this memorial. On Oct. 5, 2011, the AiPP Committee passed a motion to recommend approval of the proposed memorial bench and also advised the Levine family that per the City's AiPP Guidelines donations of works of art, include costs for design, fabrication, installation, insurance, bonding and maintenance. On Nov. 8, 2011, the Historic Preservation Board (HPB) approved the proposal for the memorial bench and deleted the maintenance provision. Dec. 1, 2011, the City retained the professional art conservators Rosa Lowinger & Associates to review the proposed methods and materials being proposed by the artist and determined because of the expected high use, location, material, and white color, it will require monthly maintenance and annual repairs estimated at $7,500. On Jan. 30, 2012, NCAC met and the Administration recommended the donor establish a maintenance fund for the project, as required by the City's AiPP Guidelines. The Committee moved to defer the item and allow Comm. Tobin to visit the site with Robert Levine and staff to determine if another material could be used to fabricate the work. On Sept. 24, 2012, Robert Levine contacted the City and advised he looked at building the structure out of concrete, per Comm. Tobin's request, and discovered it would be cost prohibitive, approximately $90,556 more than the original budget and that the City assumes the ongoing maintenance costs. On Sept. 25, 2012, AiPP met and unanimously passed a motion withdrawing its previous support of the memorial bench in response to the donor's planned request for the City to pay for the maintenance of the artwork recommending that public funds should not pay for the establishment of a private memorial by a third party, on public property, thereby setting a precedent which would allow others to make similar requests. On October 15, 2012, NCAC met and unanimously agreed to recommend acceptance of the proposed donation, with the provision that the donor establish a maintenance reserve account to cover costs of professional art restoration that may be required above and beyond the City's standard janitorial pressure cleaning on Lincoln Road. The amount of the maintenance reserve account remains to be negotiated with the donor. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION SETTING A PUBLIC HEARING Adviso Board Recommendation: Historic Preservation Board recommended in favor of the selected public art project on Nov. 8, 2011 and the NCAC recommended in favor of the ro'ect on Oct. 15, 2012. Source of Funds: OBPI Total Financial Impact Summary: islative Trackin Amount MIAMI BEACH Account KGB 169 Approved AGENDA ITEM ___,C.,=---:,7,..,=.0=----- DATE /f-/1(-/2. MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSON MEMORANDUM TO: Mayor Mattie Bower and Members of the City Commission FROM, Kathie G. Brooks, Interim City Manager ~ )-- DATE: November 14, 2012 SUBJECT: SETTING OF THE PUBLIC HEARING: LEVINE MEMORIAL BENCH DONATION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER ACCEPTING THE DONATION FROM THE LEVINE FAMILY OF A MEMORIAL BENCH DESIGNED BY AGUSTINA WOODGATE HONORING THE COMMUNITY LEGACY OF I. STANLEY LEVINE, FOR PLACEMENT ON THE NINE HUNDRED BLOCK OF LINCOLN ROAD; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE LEVINE FAMILY ACCEPTING THE DONATION VALUED AT $40,000 AND ESTABLISHING A MAINTENANCE RESERVE ACCOUNT FOR THE FIRST YEAR OF MAINTENANCE AND REPAIRS TO SAID MEMORIAL BENCH. ADMINISTRATION RECOMMENDATION Adopt the resolution. BACKGROUND The above referenced item was first referred to the Neighborhood/Community Affairs Committee at the City Commission meeting on December 8, 2010, at the request of Mayor Herrera Bower. The subject was discussed at NCAC meetings in 2011 and 2012 as outlined below. The process of approving the placement of a commemorative memorial, in this particular case to honor Mr. I. Stanley Levine by placing a bench designed by an artist, is governed by City Code, ARTICLE VI. NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR MEMORIALS, Sec. 82-504. A copy of Section 82-504 is attached for your reference (Exhibit 1) and the City of Miami Beach Art in Public Places Guidelines donation policy (Exhibit 2). PROPOSAL Agustina Woodgate: "The Stanley Bench" The following description of the project is taken from Agustina Woodgate's proposal, as further described in Exhibit 3. The dimension of the artwork is estimated at 8' 15/16' in height, 25' in length, and the width is 9'. The proposed cost of the project is $40,000 and the project timeline reflects the fabrication is three (3) months and installation in one (1) week. "This bench is inspired by I. Stanley Levine's commitment to the performing and visual arts which had a great influence in some of the seminal art organizations in Miami Beach; Concert Association; 170 Page 2 of6 Proposed Public Art Donation I Stanley Levine Memorial Bench City Commission Meeting November 14, 2012 ArtCenter South Florida and Miami City Ballet. The site-specific project being proposed references the black and white pattern on the side walk that Morris Lapidus, the architect for Lincoln Road did when the Road was closed to vehicular traffic. The work is a surrealistic interpretation of the black and white pattern becoming the ebony and ivory keys of a piano and homage to Mr. Levine's Jove and support of music and art. It is as if the spirit of music has escaped from the sidewalk itself. The open design enables users to select their orientations and perspectives. This design enables the bench environment to host group conversations and/or individual respite. Levine helped keep a pedestrian promenade which encouraged social interaction, movement and music of everyday street life, art and culture. The bench seeks to create a microcosm of that gift to the City of Miami Beach." HISTORY On December, 8, 2010, the City Commission, at the request of Mayor Bower, referred the above referenced item to the Neighborhood/Community Affairs Committee for discussion. On January 11, 2011, the Neighborhood/Community Affairs Committee discussed a proposal to honor the community legacy of I. Stanley Levine with a bench designed by an artist on Lincoln Road. During the meeting, the Committee passed a motion to recommend approval of a memorial in honor of I. Stanley Levine. Staff reminded the Committee that the City had not budgeted funds for this project and Mr. Robert Levine (Donor), the son of I. Stanley Levine, stated the family was willing, if necessary, to fund this memorial. Subsequently, the Levine family began discussions with the Administration for a commemorative bench on Lincoln Road. Originally, the Levine family proposed a bronze bench with a figurative representation of I. Stanley Levine. Due to I. Stanley Levine's involvement with ArtCenter/South Florida and his commitment to visual arts, the AiPP Committee and staff encouraged the Levine family to consider more contemporary artists for this project. The Committee also felt that contemporary artists would fit better with the types of public art commissions the City is currently funding. The Levine Family agreed with this direction and began working with the AiPP Committee to identify potential artists for the project. A Call to Artists was conducted by the Levine family and three (3) proposals were subsequently presented to the AiPP Committee. On October 5, 2011, the Art in Public Places Committee (AIPP) discussed the three (3) proposed designs for the I. Stanley Levine memorial bench for Lincoln Road. During the meeting, the Committee passed a motion to recommend approval of the proposed memorial bench designed by artist Agustina Woodgate, and based on the AiPP Guidelines Donation Policy. Please see Exhibit 3 for a rendering of the select art piece. The AiPP Committee also advised the Levine family that, per the City's Art in Public Places Guidelines, which were adopted by City Commission and referenced in Chapter 82 of the City Code, "donations of works art, to include costs for design, fabrication, installation, insurance, bonding and maintenance," are the responsibility of the donor. Throughout the process, the Levine family understood that they would be responsible for funding the aforementioned costs of the project, including the establishment of a maintenance endowment. On November 8, 2011, the Historic Preservation Board (HPB) reviewed and approved the proposal submitted by artist Augustina Woodgate for the I. Stanley Levine memorial art bench to be located on the 900 Block of Lincoln Road. The HPB deleted the 'maintenance' provision from their Motion to Approve, as they felt the City should be responsible for long-term maintenance. Planning Department staff however recommended retaining the maintenance provision in the HPB Staff Report because the City has always made the donor responsible for annual maintenance, in perpetuity. Typically, maintenance of public art projects has high costs due to constant exposure to the public and the weather, and to the fact that they must be maintained by a qualified conservator. 171 Page 3 of6 Proposed Public Art Donation I Stanley Levine Memorial Bench City Commission Meeting November 14, 2012 Following the HPB recommendation, on December 1, 2011, the City retained professional art conservators Rosa Lowinger and Associates (RLA) to review the proposed methods and materials under consideration by the artist to determine projected annual maintenance costs for the proposed piece. On January 6, 2012, the conservation review was received and the following description is taken from RLA's consultation report: There are numerous concerns about public use. Most significant among these is the high use that the bench will receive. It will require monthly maintenance to keep clean. Properly anchored skateboard stoppers are a must. This bench is expected to require regular maintenance due to its location and white color. Barring any vandalism, it is expected to require monthly cleaning to remove dirt, gum, accretions, scuff marks, and grime. The current appearance of the nearby fountain is an indication of how quickly this area requires cleaning and repairs. Minor repairs to the gel coat cannot be predicted fully, however it is safe allow for 20 hours per year, including set up and breakdown costs for such work. Polyester resins used in gel coats are toxic and odoriferous. If the public is kept 5 feet away from the work there should be no problem with toxicity; however the City should consider the fact that the scent of the work will still be palpable at that distance and there may be members of the public who will complain about real or imagined headaches, etc if they can perceive the scent of the material. Based on our assessment, the City should allow for the following budget for maintenance: Cleaning: @ $500.00 per month = $6,000.00 annually* Annual repairs: 20 hours @ $75.00 per hour= $1,500.00 annually* Total Maintenance Cost Per Year= $7,500.00. * *Add 5% per year to these costs for subsequent years. Please see Exhibit 4 for the full report on estimated maintenance costs. On January 30, 2012, the Neighborhood/Community Affairs met and the Administration recommended the donor establish a maintenance fund for the project, as required in the City's Art in Public Places Guidelines, and requested the Committee reconsider this matter. On behalf of the family, Tina Levine stated that she believed the maintenance costs would be an issue for the family. The Committee moved to defer discussion until a future meeting of the Neighborhood/Community Affairs Committee to allow Commissioner Tobin time to visit and review the site. On Feb. 6, 2012, a site visit was conducted with Commissioner Ed Tobin, and Neighborhood/Community Affairs Committee, Chairperson, Robert Levine, Max Sklar, Interim Assistant City Manager and Dennis Leyva, Art in Public Places Coordinator. Commissioner Tobin suggested that to minimize the cost of maintaining the proposed art work and to address the issue of possible damage, the work could be created in reinforced concrete, either in a pre-cast method and assembled onsite, or a poured in place method, if the artist believed there was sufficient quality control to achieve the desired result. Mr. Levine agreed to investigate the change of material and to report his findings to the Committee. On September 24, and again on October 1, 2012, Robert Levine contacted the City and advised he had looked into building the structure out of concrete and discovered that it would be cost prohibitive, approximately $90,556 more than the original budgeted amount of $40,000. He is proposing that the memorial bench be fabricated as originally proposed to the City, and that the City assume the ongoing maintenance costs. As a result of Mr. Levine's request that the City share the costs of the proposed memorial bench, the AiPP committee at their scheduled meeting on September 25, 2012, unanimously passed a motion withdrawing its previous support for the project in response to the donor's request that the City pay 172 Page 4 of6 Proposed Public Art Donation I Stanley Levine Memorial Bench City Commission Meeting November 14, 2012 the annual maintenance costs. AiPP members opposed establishing a precedent in which public funds would be used for a private memorial. It should be noted that on April 11, 2012, the City Commission adopted Resolution No. 2012-27889 approving a Memorial Honoring Barbara Capitman. This approval included a commitment from the family to underwrite the construction and installation of the memorial, including the establishment of a long-term maintenance fund. On October 15, 2012, Neighborhoods/Community Affairs Committee once again considered the proposed donation and its maintenance. The Committee agreed that the bench should be included in the standard janitorial pressure cleaning that the City performs on Lincoln Road, but that the donor should create a maintenance reserve account to cover costs of removal of scuff marks, graffiti, and other damage that may require the attention of someone experienced in maintaining valuable works of art. The Committee then unanimously agreed to recommend acceptance of the proposed donation and for the creation of a maintenance reserve fund to be funded by the donor for the first year. Long term maintenance costs would be analyzed further after the first year. The amount of the maintenance reserve account remains to be negotiated with the donor. CONCLUSION The Administration recommends setting a public hearing on December 12, 2012 to consider the proposed Resolution. 173 RESOLUTION NO. _________ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER ACCEPTING THE DONATION FROM THE LEVINE FAMILY OF A MEMORIAL BENCH DESIGNED BY AGUSTINA WOODGATE HONORING THE COMMUNITY LEGACY OF I. STANLEY LEVINE, FOR PLACEMENT ON THE NINE HUNDRED BLOCK OF LINCOLN ROAD; AND FURTHER, IF APPROVED, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE LEVINE FAMILY ESTABLISHING A MAINTENANCE RESERVE ACCOUNT FOR THE FIRST YEAR OF MAINTENANCE AND REPAIRS TO SAID MEMORIAL BENCH WHEREAS, on December 8, 2010, the City Commission, at the request of Mayor Bower, referred a request by the Levine family for the establishment of a monument or memorial on Lincoln Road in honor of I. Stanley Levine, to the Neighborhood/Community Affairs Committee (NCAC); and WHEREAS, on January 11, 2011, the NCAC passed a motion to recommend the approval of a memorial bench, to be placed on Lincoln Road in honor of Mr. Levine; and WHEREAS, on October 5, 2011, the AiPP Committee met and passed a motion recommending the approval of a proposed memorial bench, to be designed by the artist, Agustina Woodgate; and WHEREAS, on November 8, 2011, the Historic Preservation Board (HPB) reviewed and approved the proposed memorial bench; and WHEREAS, on December 1, 2011, the City retained professional art conservator Rosa Lowinger and Associates (RLA) to review the proposed methods and materials under consideration by the artist, and determined that the projected annual maintenance costs for the proposed memorial bench were estimated at $7,500 for the first year; and WHEREAS, on September 25, 2012, the AiPP Committee met and unanimously passed a motion withdrawing its previous support for the memorial bench; the AiPP Committee felt that public funds should not pay for the establishment of a private memorial (by a third party) on public property (and thereby setting a precedent which would allow others to make similar requests); and WHEREAS, on October 15, 2012, following extensive discussion and public comment, the NCAC passed a motion recommending the establishment of a memorial to honor Mr. Levine, by way of the placement of the proposed memorial bench (by the artist, Agustina Woodgate), which would be donated to the City by the Levine family and placed on the 900 Block of Lincoln Road; and WHEREAS, the NCAC's recommendation was further conditioned on the proviso that the Levine family establish a maintenance reserve account to cover professional art restoration services that might be required to maintain the bench; above and beyond the City's standard maintenance for Lincoln Road Mall; and 174 WHEREAS, as required pursuant to Section 82-504 of the City Code, the City Commission must set a public hearing to hear public comment regarding the establishment of the proposed memorial. 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 set a Public Hearing to consider accepting the donation from the Levine family of a memorial bench designed by Agustina Woodgate honoring the community legacy of I. Stanley Levine, for placement on the nine hundred block of Lincoln Road; and further, if approved, authorizing the City Manager to execute an agreement with the Levine family establishing a maintenance reserve account for the first year of maintenance and repairs to said Memorial Bench. PASSED and ADOPTED this __ day of November, 2012. MAYOR ATTESTED BY: CITY CLERK 175 Page 5 of6 Proposed Public Art Donation I Stanley Levine Memorial Bench City Commission Meeting November 14, 2012 EXHIBIT 1 (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) (2) (3) (4) (5) (6) (7) (8) Any person, organization, association, corporation or other entity, including a member of the city commission or the administration of the city, may propose the establishment of a monument or memorial at any time by submitting a proposal in writing to the committee. Within 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 who have proposed the establishment of the monument or memorial. After reviewing the proposal in accordance with its established selection criteria, the committee shall transmit a written recommendation to the city commission regarding same. The city commission may only consider a proposal to establish a monument or memorial that has been approved by a majority of the members of the committee. Within 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. Notice of a public hearing regarding the establishment of the monument or memorial shall be published at least 10 days prior to the hearing in a newspaper of general circulation in the city. At the close of the public hearing, the city commission may approve the establishment of the monument or memorial. In approving the establishment, the commission shall be governed by its established selection criteria. Additionally, any proposal to establish a monument or memorial must be approved by a five-sevenths vote of the city commission. Upon approval of the establishment of the monument or memorial, the city commission shall forward 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 with the its established criteria. (Ord. No. 2000-3266, § 1, 9·27-00) 176 Page 6 of6 Proposed Public Art Donation I Stanley Levine Memorial Bench City Commission Meeting November 14, 2012 AIPP GUIDELINES DONATION POLICY (page 16) EXHIBIT 2 Donations can be an important part of a collection. Proposed donations, monuments, memorials, or plaques, shall undergo a review process to ensure that acceptance of such donations take place in a fair and uniform manner and supports the criteria set for the by the City Commission. AiPP shall assist in the process relative to any donation of work of art to be accepted by the City for placement on public property in the City or located on public facilities within the City, including monuments, memorials, and plaques, as defined in Chapter 82, Article VI, Section 82-502 of the Code of the City of Miami Beach, as amended. As deemed necessary, the Committee shall require proposals for donations of works of art to include costs for design, fabrication, installation, insurance, bonding, and maintenance, as deemed applicable. Such costs shall be solely underwritten by the proposed donor. In addition, the donor shall be responsible for costs of a pedestal, identification plaque, base, structural support, and any landscaping related to the proposed public site. If required, utility connections, site modifications, structural reinforcements, or other engineering requirements, and/or site modifications should be described in the donation proposal, and developed by way of construction plans and specifications. The donor shall be responsible of architectural and /or engineering plans, if required, which must be prepared and stamped by a licensed architect and/or engineer. If required, a maintenance endowment shall be negotiated with the donor on a project-by-project basis. Such factors, including but not limited to, value, size, material, location, and potential for vandalism will be considered in determining that the maintenance endowment is adequate to ensure proper care and maintenance of the donated work of art, and to assure that the work of art will remain in a condition and high quality satisfactory to the donor and the City. Maintenance shall include not only care of the work of art itself but, if applicable, the public property immediately surrounding the work of art; particularly if the art is placed in a City park. Donation Criteria • Is the proposed donation a work of art with aesthetic merit, of exceptional quality, and enduring value? How is the proposed donation compatible or incompatible with the City's current collection of works of art, particularly those located on public property and /or facilities within the City? • Is the work of art compatible in scale, material, form, and content with its surroundings? • Consideration shall be given to the social context of the work, and the manner in which it may interact with people. • Relationship of the work of art and the proposed placement site shall be considered in terms of the physical dimension, social dynamics, local architectural character, and surrounding urban neighborhood context of the site, existing or as planned. • The following factors may also be considered: o visibility and accessibility o safety and traffic patterns (both interior and exterior) o significance and relationship to the proposed site o social context (intend use of the work, if any) o facility/area users o landscape design and/or environmental concerns o future development plans for the area o existing works of art within the proposed site vicinity In addition to the AiPP review, as set forth herein, design, placement, and installation of donations of works of art on public property and/or City facilities are also subject to administrative design review. Notwithstanding the foregoing criteria, the final determination regarding acceptance of donated works of art for placement on public property in the City or located in public facilities within the City, shall be made by the City Commission. If the City Commission determines that the recommendation of either the Art in Public Places Committee or the administrative design review is not appropriate as to a particular proposed donation of a work of art, it may waive any or all of the aforestated criteria. 177 - 10 - - EXHIBIT 3 178 ~ ....... <0 & STATEMENT This commitment to the performing and Visual which had a influence in in Miami Concert South Florida and Miami City Ballet and white pattern on walk that Moms Lapidus, the traffic. The wofl< is a surrealistic interpretation of the keys of a piano and homage to Mr. levine's love and support of the itself. The open users to oer·so~!dPJes This design enables the bench environment to host group conversations andfor indi-vidual Levine helped a promenade which encouraged interaction, movement and the rm.1sic of everyday street life, art and culture. This bench seeks to create a microcosm of that gift to the city of Mrami 0 II N -- ill ~ (/) 180 ru ....... ro 0) u 0 ~ ro ,S ..... !J) ::I O'l <( c 0 :.,;::::; ro > w w -!J) ro w 181 C:J .:3! [1J 0 c[) c 0 w n~~ LLJ 182 UJ 183 o::, !"""""" 1- 184 185 186 187 co c:: c ~ 00 00 to MANUFACTURER'S SPECIFICATIONS The Bench will be fabricated will a Core FRP (Fiber Reinforced Plastic) and doestl't rust f~roo oxide), corrode, or rot structural strenglil. FRP siructures wm be made where the FRP encloses a mglliwelgllt com such as balsa or foam. The of it 'Nil be a Concrete Facia QMilQ it 'Jhe M Deco look of itle surrounding areas. Suitability of FRP for Uses in Structural Enginuring The strength propernes of FRPs eofieetively make up one of the primary reasons for which civil engineers select them In the of structures~ A material's strength is governed by its ability to sustain a bad willoW: excessive defotmation or failure. Among FRP's rugll lle most relevam fearures include exce!lem and corrosion resistance. Olller features include ease of if!Stallatioo. versatility, ami-seismic behaviour, electromagnetic neutrality, excemertt faiigue behaviour, aoo ffu'e resistance. !l!Jmm•~ of Pubiic crreRKt wtth lis Arne mmrial. Agustina ~ 00 <0 MAINTENANCE Pl..AN Tile bench maimenute will a i « 2 on ils use and the wedler. This shoW:! be done a coo~r hired in Public Places office aoo the amst, if available. The beoch ml !:le will and Ska~ be ~mea t:ne: of lie •eas. Fr.;1mn,fu! of a Slmte Board stopper ->~-SKATE BOARD STOPPERS lmrtal!ed O!'l !he m too !:lench from Sure MJ:~;mirl~ Olllmll~e ---& ' 190 ROSA LOWINGER 8 ASSOCIATES CONSERVATiON A.nT + Anct--~ITECTURE CONSULTATION REPORT LEVINE BENCH-PROPOSED PUBLIC ART PIECE Prepared for: of Miami .Beach of Art in Public Places FL 3S1SB 17 !56 Meridian T: 306.604.2477 F: 305.673.7772 Attn: Dennis Art in Public Places Coordinator Prepared By: Rosa and Chief Conservator Lauren Hall, Associate Conservator Rosa & Associates 4•728 NE Place FL33137 T: ll05.673.7011 Date ofReport: December 16, 2011; Revised 6,2012 Project: A Musical f()r the DOO Block of Lincoln Road Subject: Review SUMMARY OF PRIMARY RECOMMENDATIONS: • .Ensure skateboard are secured in such a manner that cannot be ofskateboard will be used and how will be installed. • Switch coated surface. • Provide information on installation mc:UJ•DWJJO other and the bench's installation to the other anchors will be will be how each element is affixed to each other and to the that illustrate the to which will be installed into the and information on how will be drilled and/ or and what methods of removal can be in the event that a section is and removal for • Hefinc how the surf~~ee would need to he for • Ensure any and all anchors and hardware are stainless steeL 191 ROSA LOWINGER 8 ASSOCIATES CoNSERVATIO\i OF + ARCHITECTURE INTRODUCTION: Tbe is a review of the conservation-related concerns bench installation Miami-based [or the 900 bind< of Lincoln and Associates was retained the Places to review the methods and materials under DESC.RIPTION OF 'l'HE AR'fWOHK: The artworh: at this site consists of a bench in blach: and white that resembles a deconstructed Intended to pay to I. a of the bench also refers to the black and white created architect l\1orris kw Lincoln Hoad. The overall dimensions ofthe bench are 25' width x 8' 15/ Hf' The bench itself is fabricated of dosed cell fiber reinforced structural foam with a gel coat finish. It consists of two Hat areas, one of which is attached to a ramp and three additional curved [orms that be used for Each side of the bench is finished with two vertical elements that curve into two that will shade to below. SITING: The site is on Lincoln and restaurants. feet ofthe bench. Pedestrians and ""''"'"''Q'"' site is located between two outdoor cafes. within 10' of the nr.nn>c·~··" one ca. 5' from the the Atlantic Ocean. Contact with the traHic is 24 hours a The ramp candidate for skateboard abuse-however the artist has indicated that be used to this. CONSTRUCTION /INSTALLATION: The bench will be fabricated and installed Polymeric Products 1256 5th Street West Palm 5611>71-1:3'22 5()1 ()15-8219 f~IX Attention: Zed Bennett, President. to Mr. the bench will be fabricated out ofAlcan Air X PXc Fiber Heinforced Foam. The core will consist of a dosed-cell core which is then encased in a :3/8" thick 192 ROSA LOWINGER 8 ASSOCIATES CONSEHVATlON or ART 1 AHCHITECTURE skins. The structure is fmished a marme UV resistant finish. 'Ihe artist Graf1iti Barrier-a siloxane barrier coat that is reusable and does not after each removal. In her the artist indicates that the bench will be finished with "a concrete Facia it the Art Deco look of the areas." 1\fr. Bennett has clarified that the surface i.s a coat finished with an therefore is not a maintenance .Materials: Structural Foam: Resin: Gel Coat: Installation AireX® PXc Fiber Reinforced Structural Foam Alcan Baltek Court N.J. 076+7 1-201-767-HOO www.aleanbaltek.com Hydrex® 100 S3350 SERIES 100% Vinyl Ester Laminating Resin Reichhold Industries Resem·ch Park 2400 Ellis Road Durham NC 27703 USA 1 919 990 7500 Polycor® Stypol® 944 Isophtha1ic (}el Coat Cook Composites and P.O. Box 4, 19.'389 Kansas MO 64• 141 816 391-6'000 P:rosoco SC-I Sacrificial anti-grafliti coating Prosoco Inc. Or another selected the artist and to be FABRICATION CONCEH.NS AND H.ECOMMENDATIONS: The artist and fabricator have clarified the fabrication concerns. We are now dear that the or cementitious surface. The coats. Possibilities include would be '""wnnn Still needed is information on the installation materials and to accompany the should have clear instructions on how to remove the or becomes necessary. 193 ROSA LOWINGER 8 CONSEHV.".TION ART + AHCHITECTURE The fabricator has assured the fabrication standards because the materials are made for the that materials an: the available. 1s maintenance. Therefore the to basis. The artist concurs with this assessment. on the information on the manufacturer and indicate how as is often the case. ARTIST MAINTENA~CE RECOMMENDATIONS: The artist recommended the bench on an annual/biennial basis. Now that the fabricator has clarified the method of that this is not the course of action. information: From: Agustina Woodgate [mailto:agus@agustinawoodgate.com] Sent: Thursday, December 22, 2011 3:55 PM To: rosa lowinger Cc: Zed Bennett; Leyva, Dennis; tbfitch@bellsouth.net; Robert J. Levine; Sklar, the artist sent Max; lhall@rosalowinqer.com; rhondamitrani@gmail.com; Cary, William; Tackett, Deborah Subject: Re: Lincoln Road BenchDear All, After an extense [sic.] conversation with Zed yesterday I came to understand that he won't be able to provide an estimate labor for any damage that occurs to the bench. Therefore, stating that the repairs will take one day a year is not something than can be estimated. The time will depend on the damage. Zed charges $75.oo an hour On the other hand, I am not too familiar with the repair process, but if any repair needs to get done, then should fencing be estimated in the budget? Warmest. Agustina CONSERVATOR'S .MAINTENANCE RECOMMENDATIONS: Tbe current appearance of the this area and Minor coat cannot be however it is sat(~ allow 20 hours per year, set up and brealviown costs f()r work. resins used in coats are toxic and odoriferous. If the is 5 feet away from the work there should be no with the should consider the f~1ct that the scent of the work will still be f""·Fu""· and there may be members of the who will etc if can the scent of the rnaterial. I. .· 194 ROSA LOWINGER 8 ASSOCIATES CoNSERVATION OF AHT + AHCHITECTURE Based on our assessment, the should allow for the fi'or year 1: $500.00 per month= $6,000.00 20 hours $7 5.00 per hour :;;;;; $1,500.00 ""'""'a'" TOTAL COST PER YEAR= $7,500.00. Please add 5% per year to these costs fix years. ENVIHONMENTAL: There are several environmental concerns will allect the but this will and birds are and guano may am~ct the surface finish. PUBLIC USE There are numerous concerns about that the bench will receive. lt will PUBLIC ABUSE Public abuse may include incised maintenance to marks if the are not anchored in a manner that common structures in art. 5, 2012 195 for maintenance: of use and skateboard off-a THIS PAGE INTENTIONALLY LEFT BLANK 196 COMMISSION ITEM SUMMARY A resolution authorizing the acceptance of $30,000 donation from the Miami Beach Arts Trust for a new cultural rants ro ram. Key Intended Outcome Supported: Increase community ratings of cultural activities. Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Community Satisfaction Survey reported two out of three residents (67%) believed the City offered the right amount of cultural activities, while 27% said there were too few. In 2005, 34% of residents thought there were too few cultural activities, and in 2009 the figure decreased to 24%. Residents of North Beach (30%) and South Pointe (31 %) were more likelv to sav there were too few cultural activities. Issue: Shall the City accept the donation of $30,000 from the Miami Beach Arts Trust for the creation of a new cultural rants ro ram to be administered b the Cultural Arts Council? Item Summary/Recommendation: The 2010 Miami Beach Arts Gala (Gala) was held on October 23, 2010 in the Miami Beach Convention Center. A private event spearheaded by Commissioner Jerry Libbin, its stated purpose was to raise funds to be administered by the Miami Beach Cultural Arts Council (CAC) as an additional cultural grants program to be known as the Miami Beach Arts Gala Grants. The Miami Beach Arts Trust, a private, not- for-profit Florida Corporation, served as fiscal agent for the Gala. The Gala raised $62,500 to be used for a new dedicated cultural grants program to be known as the Miami Beach Arts Gala Grants. Resolution No. 2010-27552 was passed on November 17, 2010, accepting the donation and appropriating the funds for the new grant program. Qualified 501 (c)(3) organizations with annual budgets less than $350,000 could apply for minimum grant awards of $5,000 for projects and programs occurring within the current fiscal year. There is no matching fund requirement. In place of a formal application, interested organizations were invited to submit a 150- word summary of the proposed project, along with proof of valid 501 (c)(3) status via e-mail. The CAC recommended awarding grants to ten (1 0) organizations for a total of $62,500. The second Miami Beach Arts Gala was held on October 11, 2011, resulting in a donation to the City of $20,000 for the Arts Gala Grants program. Out of 17 applicants, five were selected for funding. On October 18, 2012, the "Stepping Out for the Arts" luncheon was held in place of the Arts Gala. The Miami Beach Arts Trust collaborated with the Arts and Business Council of Miami to produce the event, which raised $30,000 to continue the Arts Gala Grants program. The Miami Beach Arts Gala Grants are administered by the Cultural Arts Council in a manner consistent with the City's established policies and procedures. It is recommended the Mayor and City Commission approve the resolution. Adviso Board Recommendation: The Miami Beach Cultural Arts Council approved the donation at its meeting on November 1, 2012. Financial Information: Source of Funds: 1 OBPI Total Amount Financial Impact Summary: N/A islative Trackin Department Director MIAMI BEACH Account ,/ AGENDA ITEM _C..:-· :-7:-::--P __ DATE J/..-/lf-/2- 197 ~ 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 Bower and Members of the City Commissyr Kathie G. Brooks, Interim City Manager /cftt j'-· November 14, 2012 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ACCEPTANCE OF THIRTY THOUSAND DOLLARS ($30,000) DONATION FROM THE MIAMI BEACH ARTS TRUST RESULTING FROM THE "STEPPING OUT FOR THE ARTS" LUNCHEON; AND FURTHER APPROPRIATING SAID FUNDS FOR THE CREATION OF A DEDICATED CULTURAL GRANTS PROGRAM WHICH WILL BE ADMINISTERED BY THE CULTURAL ARTS COUNCIL CONSISTENT WITH THE CITY'S ESTABLISHED POLICIES AND PROCEDURES. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOMES SUPPORTED Increase community ratings of cultural activities. BACKGROUND The 2010 Miami Beach Arts Gala (Gala) was held on October 23, 2010 in the Miami Beach Convention Center. A private event spearheaded by Commissioner Jerry Libbin, its stated purpose was to raise funds to be administered by the Miami Beach Cultural Arts Council (CAC) as an additional cultural grants program to be known as the Miami Beach Arts Gala Grants. The Miami Beach Arts Trust, a private, not-for-profit Florida Corporation, served as fiscal agent for the Gala. The Gala raised $65,782. Pursuant to a discussion between the Administration and the Chairperson of the 2011 Arts Gala, Ray Breslin, it was suggested that $3,282 be held in escrow as seed funding for the 2011 Gala. Therefore, $62,500 was donated to the City for a new dedicated cultural grants program to be known as the Miami Beach Arts Gala Grants. Resolution No. 2010- 27552 was passed on November 17, 2010, accepting the donation and appropriating the funds for the new grant program. As outlined by Commissioner Libbin and the Arts Gala Committee, the Miami Beach Arts Gala Grants will support cultural programs and projects in the City of Miami Beach, with an emphasis on providing aid to neighborhood arts groups, and on increasing access to the arts for Miami Beach residents and visitors. Qualified 501 (c)(3) organizations with annual budgets less than $350,000 could apply for minimum grant awards of $5,000 for projects and programs occurring within the current fiscal year. There is no matching fund requirement. In place of a formal application, interested organizations were invited to submit a 150-word summary of the proposed project, along 198 Page 2 of 2 Miami Beach Arts Trust donation City Commission Meeting November 14, 2012 with proof of valid 501 (c)(3) status via e-mail. The CAC recommended awarding grants to ten (1 0) organizations for a total of $62,500. The CAC was very pleased with the result of the new grant category, specifically with the amount of additional programming being offered to the community. Of the organizations recommended for award, seven (7) of them are new grantees never previously receiving funding from the CAC and City. The second Miami Beach Arts Gala was held on October 11, 2011, resulting in a donation to the City of $20,000 for the Arts Gala Grants program. Out of 17 applicants, five were selected for funding. On October 18, 2012, the "Stepping Out for the Arts" luncheon was held in place of the Arts Gala. The Miami Beach Arts Trust collaborated with the Arts and Business Council of Miami to produce the event, which raised $30,000 to continue the Arts Gala Grants program. CONCLUSION It is recommended that the Mayor and City Commission accept the donation of $30,000 from the Miami Beach Arts Trust so that it may continue the Miami Beach Arts Gala Grants program as administered by the Cultural Arts Council in a manner consistent with the City's established policies and procedures. KGB/MAS/gf 199 RESOLUTION NO., ____ _ A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ACCEPTANCE OF A THIRTY THOUSAND DOLLAR ($30,000) DONATION FROM THE MIAMI BEACH ARTS TRUST, FROM THE "STEPPING OUT FOR THE ARTS" LUNCHEON; AND FURTHER APPROPRIATING SAID FUNDS FOR THE CREATION OF A DEDICATED CITY CULTURAL GRANTS PROGRAM WHICH WILL BE ADMINISTERED BY THE CULTURAL ARTS COUNCIL, CONSISTENT WITH THE CITY'S ESTABLISHED POLICIES AND PROCEDURES. WHEREAS, on October 18, 2012, the first "Stepping Out for the Arts" luncheon was held in Miami; and WHEREAS, the stated purpose of said luncheon was to raise funds (to be administered by the Cultural Arts Council) for an additional City cultural grants program, to be known as the Miami Beach Arts Gala Grants; and WHEREAS, the Miami Beach Arts Trust, a private, not-for-profit Florida Corporation serves as the fiscal agent for the luncheon and would like to donate the $30,000 raised from the luncheon to the City for the aforestated purpose; and WHEREAS, the Cultural Arts Council will administer the Miami Beach Arts Gala grants program. 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 authorize the acceptance of Thirty Thousand Dollars ($30,000) donation from the Miami Beach Arts Trust; and further authorize the appropriation of said funds for the creation of a dedicated City Cultural grants program, which will be administered by the Cultural Arts Council, consistent with the City's established policies and procedures. PASSED AND ADOPTED this ___ day of _______ , 2012. ATTEST: CITY CLERK KGB/MAS/GF 200 MAYOR: APPROVED AS TO FORM & LANGUAGE & Fnt-l EXECUTION ) :y'~hl~~ R5 ORDINANCES COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment creating Parking District #5 in the Sunset Harbour area and modifying the types of uses allowed in the 1-1 Urban Light Industrial District and the CD-2 Commercial Medium Intensity District. Ke Intended Outcome Su orted: Neighborhood satisfaction and Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc More than half of all residential responden 55%, su ested the effort ut forth b the Cit tore ulate develo mentis "about the ri ht amount." Issue: The proposed ordinance would amend the parking requirements in the Sunset Harbour neighborhood, reducing or eliminating required parking for small commercial businesses. It would also set a lower threshold for Neighborhood lmapct Establishments, requiring Planning Board review of restaurants over 150 seats (currently review is for 300 seats or more). The Administration recommends that the City Commission approve the Ordinance on First Reading and set a Second Reading Public Hearing for December 12, 2012. Board Recommendation: At the June 26, 2012 meeting, the Planning Board recommended that the City Commission approve the ro osed ordinance b a vote of 5-0 two members absent . Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: The proposed ordinance should not have any direct fiscal impact upon the resources of the City at this time. MIAMI BEACH 202 AGENDA ITEM _R_S_,....;...A~ DATE u-tY-12 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov TO: FROM: DATE: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the Cityfommission Kathie G. Brooks, Interim City Manager ¢' ~ November 14, 2012 / ,~ FIRST READING SUBJECT: Parking District #5-Sunset Harbour Neighborhood A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING THE CITY CODE CHAPTER 130, "OFF-STREET PARKING," ARTICLE II "DISTRICT; REQUIREMENTS," SECTION 130-31 "PARKING DISTRICTS ESTABLISHED," BY CREATING A NEW PARKING DISTRICT NO. 5; AMENDING SECTION 130-33, "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3 AND 4," BY ADDING NEW PARKING REGULATIONS FOR PARKING DISTRICT NO. 5 FOR PROPERTIES GENERALLY BOUNDED BY PURDY AVENUE ON THE WEST, 20TH STREET ON THE NORTH, ALTON ROAD ON THE EAST AND DADE BOULEVARD ON THE SOUTH; AMENDING SECTION 142-483, "CONDITIONAL USES" BY ADDING TO THE LIST OF CONDITIONAL USES IN THE 1-1 URBAN LIGHT INDUSTRIAL DISTRICT; AMENDING CHAPTER 142, ARTICLE II, "DISTRICT REGULATIONS," DIVISION 5, "CD-2 COMMERCIAL MEDIUM INTENSITY DISTRICT," BY AMENDING SECTIONS 142-302, "MAIN PERMITTED USES," SECTION 142-303, "CONDITIONAL USES," AND SECTION 142-305, "PROHIBITED USES," BY CLARIFYING THE PERMITTED, PROHIBITED AND CONDITIONAL USES IN PARKING DISTRICT #5. ADMINISTRATION RECOMMENDATION Approve the Ordinance on First Reading and set a Second Reading Public Hearing for December 12, 2012. BACKGROUND The proposed ordinance would amend the parking requirements in the Sunset Harbour neighborhood, reducing or eliminating required parking for small commercial business. It would also set a lower threshold for Neighborhood lmapct Establishments, requiring Planning Board review of restaurants over 150 seats (currently review is for 300 seats or more). The reduction of parking requirements is necessitated by the extreme difficulty of actually providing parking on-site within this constrained neighborhood. The policy of reducing parking requirements for small businesses is warranted now that the Sunset Harbour garage is operational. This garage will provide adequate infrastructure parking to support the surrounding neighborhood's burgeoning growth of small, resident-oriented businesses. 203 Commission Memorandum Parking District #5 -Sunset Harbour Neighborhood November 2012 2of 3 Development of slightly larger projects would be required to provide parking; however, these particular projects would be permitted to pay a fee-in-lieu of providing parking on site. Large developments in excess of 15,000 square feet would continue to be required to provide parking on-site or within 500 feet. The cutoff for the parking reduction is 3,500 square feet per business, with a maximum aggregate of no more than 10,000 square feet of total area for one building. Similar thresholds apply to restaurants. On January 18, 2012, the Land Use and Development Committee recommended that an ordinance be forwarded to the Planning Board that included the following: • Within the Sunset Harbour neighborhood, eliminate parking requirements for restaurants of 100 seats or less, and up to 3,500 sq. ft., and for retail stores up to 3,500 sq. ft. • Requirement for Conditional Use for alcoholic beverage establishments greater than 100 restaurant seats or 125 person patron occupancy content. • Requirement for Conditional Use for main use parking garages in 1-1 district. • Consideration of permitting the satisfaction of required parking through the payment of a fee in-lieu of parking for developments of <1 0,000 sq. ft. of new construction .. ANALYSIS Past discussions have focused on steps that can be taken to lessen the intensity of uses within the Sunset Harbor neighborhood including the 1-1 and CD-2 districts in order to limit negative impacts of the businesses in the neighborhood. One way to do this that was identified by Planning Department staff is to encourage commercial uses that are compatible with the residential edge around the district. Those uses that are compatible with the residential edge, such as offices, dry cleaners, small coffee shops and small restaurants enhance the neighborhood by providing services nearby and avoiding the use of a car to take care of these common, everyday necessities. Other uses that are compatible with residential uses are retail stores, newspaper stands, among others, and the existing grocery stores -Publix and the recently completed Fresh Market. Current regulations permit these types of neighborhood businesses, but satisfying parking requirements continues to be a problem. Reductions in parking requirements would encourage these types of uses and result in new development that is more compatible with this urban, pedestrian friendly neighborhood. In past discussions, the Commission has directed staff to look into the potential for such parking reductions, which could be similar to the parking districts currently existing for Lincoln Road, 41st and 71 5 t Streets. Now that the City parking garage in the Sunset Harbour neighborhood is operational, the capacity and usage of the new garage can be examined. This type of parking district program is designed to encourage desirable uses that are compatible with the neighborhood's scale, while not at the same time permitting overdevelopment of large, impactful projects that might be out of scale with the area. Parking Districts 2, 3 and 4 (Lincoln Road, 41st and 71 5t Streets) were intended to attract retail and restaurant uses to these busy commercial corridors. They are effective because of the large amount of public parking in close proximity to these areas. Therefore, although retail and commercial uses are not required to provide parking, customers may easily find parking in the nearby public parking lots or garages. Note that these parking districts do not exempt residential or office uses from meeting parking requirements, as they have a different parking characteristic from retail. Persons shopping and dining tend to come and go throughout the day and evening, while office 204 Commission Memorandum Parking District #5-Sunset Harbour Neighborhood November 2012 3of 3 employees tend to stay parked all day long, and residents must find parking nearby each evening. Nevertheless, an initiative to reduce parking requirements could be focused upon any combination of uses that the City wishes to encourage in this area. PLANNING BOARD REVIEW On April 24, 2012, the Planning Board held a discussion relative to this ordinance and provided initial input; overall, the Planning Board concluded that the proposal would be a good incentive to develop the Sunset Harbour neighborhood into an attractive, low scale, walking neighborhood. On June 26, 2012, the Planning Board (by a 5-0 vote) transmitted the Ordinance Amendment to the City Commission with a favorable recommendation. CONCLUSION The Administration recommends that the City Commission approve the Ordinance on First Reading and set a Second Reading Public Hearing for December 12, 2012. KGB/JGG/RGL T:\AGENDA\2012\11-14-12\Sunset Harbor Parking District 5-MEMO 1ST.docx 205 PARKING DISTRICT NO. 5 -SUNSET HARBOUR ORDINANCE NO. ____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA BY AMENDING CHAPTER 130, "OFF-STREET PARKING," ARTICLE II "DISTRICT; REQUIREMENTS," SECTION 130-31 "PARKING DISTRICTS ESTABLISHED," BY CREATING A NEW PARKING DISTRICT NO.5; AMENDING SECTION 130-33, "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3 AND 4," BY ADDING NEW PARKING REGULATIONS FOR PARKING DISTRICT NO.5 FOR PROPERTIES GENERALLY BOUNDED BY PURDY AVENUE ON THE WEST, 20TH STREET ON THE NORTH, ALTON ROAD ON THE EAST AND DADE BOULEVARD ON THE SOUTH; AMENDING SECTION 142-483, "CONDITIONAL USES" BY ADDING TO THE LIST OF CONDITIONAL USES IN THE 1-1 URBAN LIGHT INDUSTRIAL DISTRICT; AMENDING CHAPTER 142, ARTICLE II, "DISTRICT REGULATIONS," DIVISION 5, "CD-2 COMMERCIAL MEDIUM INTENSITY DISTRICT," BY AMENDING SECTIONS 142-302, "MAIN PERMITTED USES," SECTION 142-303, "CONDITIONAL USES," AND SECTION 142-305, "PROHIBITED USES," BY CLARIFYING THE PERMITTED, PROHIBITED AND CONDITIONAL USES IN PARKING DISTRICT #5; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Sunset Harbour neighborhood, as delineated by the boundaries in this ordinance is a neighborhood in transition from the light industrial uses that originally occupied the area, to an area of mixed uses; and WHEREAS, is it is desirable to lessen the intensity of the uses in this area in order to provide uses that are compatible with the residential aspect of the neighborhood; and WHEREAS, the purpose of this regulation is to provide incentives for a low-scale, neighborhood friendly development where people and commerce can exist side-by-side; and WHEREAS, the required parking as currently established in the Land Development Regulations of the City Code is one of the obstacles to promote a better quality of life to the residents of the area and to a more pedestrian-friendly neighborhood; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. 1 of 5 206 SECTION 1. Chapter 130, "Off-Street Parking," Article II "District Requirements," Section 130-31 "Parking Districts Established," is hereby amended by creating a new Parking District No. 5, as follows: Sec. 130-31. -Parking districts established. (a) For the purposes of establishing off-street parking requirements, the city shall be divided into fGHf five parking districts. * * * .{§) Parking district No, 5 -Sunset Harbour Neighborhood. Parking district No. 5 includes those properties generally bounded by Purdy Avenue on the west. 20 1h Street on the north, Alton Road on the east and Dade Boulevard on the south. SECTION 2. Section 130-33 "Off-Street Parking Requirements for Parking Districts 2, 3, and 4," is hereby amended as follows: Section 130-33. Off-Street Parking Requirements for Parking Districts 2, 3, ami 4 ~- .@2 Except as otherwise provided in these land development regulations, when any building or structure is erected or altered in parking districts nos. 2, 3 ... af!G 4 and §. accessory off-street parking spaces shall be provided for the building, structure or additional floor area as follows. There shall be no off-street parking requirement for uses in this parking district except for those listed below: * * * (b) Except as otherwise provided in these land development regulations. when any building or structure is erected or altered in Parking District No. 5, off-street parking spaces shall be provided for the building. structure or additional floor area as follows. For uses not listed below, the off-street parking requirement shall be the same as for Parking District No. 1 in Section 130-32. (1) Restaurant with alcoholic beverage license or other establishment for consumption of food or beverages: No parking requirement for an individual establishment of less than 100 seats that does not exceed 3,500 square feet of floor area. Otherwise, 1 parking space per 4 seats and 1 parking space per 60 square feet of floor area not used for seating shall be required. Establishments with more than 1 00 seats and an occupancy load in excess of 125 persons shall be subject to the Conditional Use procedures in Section 118-193 of the City Code. (21 Retail store, or food store. or personal service establishment: There shall be no parking requirement for individual establishments of 3,500 square feet or less. This may apply up to a total aggregate square footage of 10,000 square feet per development site. An establishment over 3,500 square feet (or over a total aggregate over 10,000 square feet) shall provide one space per 300 square feet of floor area for retail space that exceeds 3,500 square feet of floor area. 2 of 5 207 (3) Developments of Jess than 10.000 square feet of new construction or uses that exceed the maximum described sizes in (b) (1) and (2): Parking may be satisfied by paying an annual fee in lieu of providing the required parking in an amount equal to 2% of the total amount due for all the uses within the proposed building. For new construction that is between 10,000 to 15,000 square feet, a one-time fee shall be paid prior to the issuance of the building permit New construction that is greater than 15,000 square feet shall provide all the required parking on site. {4) Removal of existing parking spaces. No existing reguired parking space may be eliminated. except through the provisions of Section 130-35, or through the payment of the one-time fee in lieu of providing the parking in effect at the time, which shall be paid prior to the approval of a building permit. provided such elimination of parking spaces does not result in an FAR penalty (exceeding permitted floor area ratio). (5) Appl.icabiJ.itv. This regulation shall be applied to projects not yet issued a fin§lLCertificate of Occupancy that have an unexpired land use board development approval, and to existing businesses that have a \r'alid business tax r;egtjpt prior to tt::le effectiw aate ( ) of this ordinance. SECTION 3. Chapter 142, "Zoning Districts And Regulations," Section 142-483, "Conditional Uses" in the 1-1, Urban Light Industrial District is hereby amended as follows: Section 142-483. Conditional uses. The conditional uses in the 1-1 urban light industrial district are: * * * {13) Main use parking garages; (14) Restaurants with alcoholic beverage licenses (alcoholic beverage establishments) with more than 100 seats or an occupancy content (as determined by the Fire Marshall) in excess of 125 persons and a floor area in excess of 3,500 square feet. Section 4. Chapter 142, "Zoning Districts And Regulations," Section 142-302, "Main Permitted Uses" in the CD-2, Commercial Medium Intensity District, is hereby amended as follows: Sec. 142-302.-Main permitted uses. The main permitted uses in the CD-2 commercial, medium intensity district are commercial uses; apartments; apartment/hotels; hotels; and uses that serve alcoholic beverages as listed in article V, division 4 of this chapter (alcoholic beverages). BafS; dance halls, or entertainment establishments (as defined in section 114 1 of this Code) 3 of 5 208 are prohibited on properties generally bounded by Purdy Avenue on the •.yest, 20th Street on the north, Alton Road on the east and Dade Boulevard on the south. Parking restrictions- Except as otherwise provided in these land development regulations, when any building or structure is erected or altered within the CD-2 commercial medium intensity district, Street, Alton Road and Dade Boulevard the parking restrictions in Section 130-33(b) for Parking District No. 5 shall apply. Section 5. Section 142-303, "Conditional Uses," in the CD-2 Commercial Medium Intensity District, is hereby amended as follows: Sec. 142-303. -Conditional uses. The conditional uses in the CD-2 commercial, medium intensity district in the Sunset Harbour neighborhood, generally bounded by Purdy Avenue, 20t11 Street 1 Alton Road and Dade Boulevard are: Main use parking garages: Restaurants with alcoholic beverage licenses (alcoholic beverage establishments) with more than 100 seats or an occupancy content (as determined by the Fire Marshall) in excess of 125 persons and a floor area in excess of 3,500 square feet: adult congregate living facilities; funeral home; nursing homes; religious institution; pawnshops; video game arcades; public and private institutions; schools; any use selling gasoline; new construction of structures 50,000 square feet and over (even when divided by a district boundary line), which review shall be the first step in the process before the review by any of the other land development boards; outdoor entertainment establishment; neighborhood impact establishment; open air entertainment establishment; and storage and/or parking of commercial vehicles on a site other than the site at which the associated commerce, trade or business is located. See section 142-1103. Section 6. Section 142-305, "Prohibited Uses," in the CD-2 Commercial Medium Intensity District, is hereby amended as follows: Sec. 142-305. -Prohibited uses. entertainment establishment; neighborhood impact establishment; and open air entertainment establishment. Section 7. Repealer All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. 4 of 5 209 Section 8. Applicability Properties that have a pending application for a building permit as of June 26, 2012 shall be allowed to obtain such building permit without being subject to the conditional use requirements of this ordinance Section 9. 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 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. PASSED and ADOPTED this __ day of _____ , 2012. ATTEST: CITY CLERK First Reading: November 14, 2012 Second Reading: December 12, 2012 Verified By: ------------ Richard G. Lorber, AICP Acting Planning Director T:IAGENDA\2012\11-14-12\Sunset Harbor Parking District 5-ORO 1ST.docx 5 of 5 210 MAYOR APPROVEDASTOFORM AND LANGUAGE "AND FOR EXECUTION ·~ NOTI NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach, in the Commission Chambers, 3'd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, November 14, 2012, to consider the following: 10:15 a.m. Parking District No.5-Sunset Harbour Neighborhood Ordinance Amending The City Code of the City of Miami Beach, Florida, by Amending Chapter 130, "Off-Street Parking," Article II "District; Requirements," Section 130-31 "Parking Districts Established," By Creating A New Parking District No.5; Amending Section 130-33, "Off-Street Parking Requirements For Parking Districts Nos. 2, 3 And 4," By Adding New Parking Regulations For Parking District No. 5 For Properties Generally Bounded By Purdy Avenue On The West, 20th Street On The North, Alton Road On The East And Dade Boulevard On The South; Amending Section 142-483, "Conditional Uses" By Adding To The list Of Conditional Uses In The 1-1 Urban Light Industrial District; Amending Chapter 142, Article II, "District Regulations," Division 5, "C0-2 Commercial Medium Intensity District," By Amending Sections 142-302, "Main Permitted Uses," Section 142-303, "Conditional Uses," And Section 142-305, "Prohibited Uses," By Clarifying The Permitted, Prohibited And Conditional Uses In Parking District #5. Inquiries may be directed to the Parking Department (305) 673-7275. 10:30 a.m. Ground Floor Additions In The Architectural District An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Article II, "District Regulations," By Amending Division 3, "Residential Multifamily Districts," By Amending Subdivision V, "RM-3 Residential Multifamily High Intensity," To Create Additional Regulations Regarding Ground Floor Additions For Properties Located In The Architectural District Inquiries may be directed to the Planning Department (305) 673-7550. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these items are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, I st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued, and under such circumstances additional legal notice will not be provided. Rafael E. Granado, City Clerk City of Miami Beach Pursuant to Section 286.01 05, 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 tile introduction or admission or 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 us five days in advance at (305) 673-7 4 i 1 (voice) or m users may also call the Florida Relay Service at 711. Ad#753 211 COMMISSION ITEM SUMMARY Condensed Title: Second Reading to consider an Ordinance Amendment regarding ground floor additions for pro zoned RM-3, within the Architectural District. Key Intended Outcome Supported: Neighborhood satisfaction and Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc More than half of all residential respondents, 55%, suggested the effort put forth by the City to regulate development is "about the right amount." Issue: Should the City Commission approve an Ordinance at First Reading, amending the development re ulations for round floor additions for ro erties zoned RM-3, within the Architectural District? SECOND READING The proposed ordinance would amend the development regulations for ground level additions located within the RM-3 zoning district and the Architectural district. Specifically, existing hotel units could be relocated and follow the height of the existing structure, subject to Historic Preservation Board approval, even if the existing structure exceeds 50' in height, provided the new construction is attached to the west side of the existing building. The City Commission approved the Ordinance at First Reading on October 24, 2012. Advisory Board Recommendation: On March 28, 2012, the Land Use and Development Committee referred the proposed Ordinance to the Planning Board. On August 14, 2012, the proposed ordinance was reviewed by the Historic Preservation Board where, by a vote of 4-0 (3 members absent) the Board passed a Resolution endorsing the proposed Ordinance. On August 28, 2012, the Planning Board recommended that the City Commission approve the proposed ordinance by a vote of 4-1 (two members absent). Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total 1 Financial Impact Summary: The proposed ordinance should not have any direct fiscal impact upon the resources of the City at this time. MIAMI BEACH 212 AGENDA ITEM ........... R--=--5_13 __ DATE 11-J({-/'2._ ~ 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: Kathie G. Brooks, Interim City Manager PI- DATE November 14, 2012 SECOND READING SUBJECT: Ground Floor Additions in the Architectural District AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," BY AMENDING DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS", BY AMENDING SUBDIVISION V, "RM-3 RESIDENTIAL MULTIFAMILY HIGH INTENSITY", TO CREATE ADDITIONAL REGULATIONS REGARDING GROUND FLOOR ADDITIONS FOR PROPERTIES LOCATED IN THE ARCHITECTURAL DISTRICT; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. BACKGROUND A discussion regarding the RM-3 regulations concerning attached and detached additions to buildings in the Architectural Historic District was referred to the Land Use and Development Committee (LUDC) by Commissioner Ed Tobin. At the March 28, 2012 meeting, the Land Use and Development Committee referred the matter to the Planning Board. An Ordinance to amend Section 142-246(d) of the City Code was subsequently drafted and routed through the Planning and Historic Preservation Boards. ANALYSIS The proposed amendment to Section 142-246(d) was proposed by the law firm of Bercow, Radell & Fernandez, P.A., on behalf of the South Seas Hotel, located at 1751 Collins Avenue. The amendment would liberalize the existing five (5) story limitation on additions to oceanfront properties in the RM-3 Architectural District (between 161h and 21st Street). The South Seas is an existing Art Deco hotel that is contemplating a renovation program, and would like to build an addition within the existing footprint of the 213 Commission Memorandum Ground Floor Additions in the Architectural District November 2012 2 of 3 historic hotel. Currently the City Code allows that addition to be limited to a one story rooftop addition, meeting line of sight requirements. The tallest portion of the existing building is seven stories, and the proponents desire is to construct an addition at least that tall, adjacent to the existing structure. This is not permitted under today's code, and a code amendment is necessary to implement these proposed plans. A previous ordinance amendment was adopted by the City in 2007, which permitted a similar type of expansion, but only to increase the size of existing hotel rooms. This amendment was proposed by the Seagull/ Days Inn on 21 51 Street, which has an awkward floor plan and the proposed addition would have filled in a notch in those rooms, expanding them to a larger room size, but not adding any new units. However, this existing provision would not apply to the South Seas proposal, as it intends to add several floors of new hotel rooms. The applicant points out that their proposal also eliminates an equal number of rooms within the existing building, converting them to other hotel back of house uses and accessory commercial uses, so would not actually result in an increased number of rooms. The amendment as proposed by the South Seas, would remove the requirement that the additions over one story, or higher than 50 feet, can only be for increasing the size of existing units, but would keep a restriction that an overall increase in the number of units could not be increased. The proposed Ordinance Amendment also requires that the additional square footage consist of the relocating of existing hotel units, as well as the following: • There shall be no neighborhood impact establishment, dancehall or entertainment use in the area of the proposed addition; • No new outdoor or open air entertainment establishment shall be created on the property. Existing outdoor or open air entertainment establishments (as of the date of this ordinance) may continue but shall not be expanded if a property avails itself of this provision. • Upon approval of the proposed addition by the Historic Preservation Board, no building greater than two (2) stories in height or 25 feet shall be constructed between the rear of the building and westward line of the dune overlay district. This provision shall not be subject to variance. • If the building presently contains unoccupied but built spaces enclosed on at least three sides by existing walls of a height that would conceal a new roof, such as false parapets or storage rooms, those spaces may be further enclosed as habitable floor area, up to the permitted floor area; and • No new commercial uses shall be permitted on the rooftop or any open air decks of the existing structure or proposed addition. While the Planning Department has worked with the proponent on this proposal for amending the height regulations in this historic district, and recognizes the desirability of fostering additional hotel redevelopment, there remain concerns about the impact of such a change on neighboring properties in the general area, which might also be able to request additional building height, as well as on the City's carefully crafted historic preservation regulations, which are subject to being made less effective if they are repeatedly amended and watered down. This specific proposal may be acceptable within that context, however, provided that the details are carefully considered and tailored to balance redevelopment with preserving existing scale and massing. 214 Commission Memorandum Ground Floor Additions in the Architectural District November 2012 3 of 3 The subject Ordinance was approved at First Reading on October 24, 2012. Subsequent to this approval, the Administration has slightly modified the provision of the proposed Ordinance pertaining to new outdoor or open air entertainment establishments. Specifically, text has been added to make it clear that only outdoor or open air entertainment establishments that are currently existing, or existing as of the effective date of the Ordinance (November 24, 2012), may remain but cannot be expanded if the provisions of the Ordinance are availed. LAND USE COMMITTEE & HISTORIC PRESERVATION BOARD REVIEW On March 28, 2012, the Land Use and Development Committee, after a presentation by the attorney and architect representing the South Seas Hotel, referred the matter to the Planning Board. On April 11, 2012, the City Commission discussed this LUDC referral and expressed concerns about the negative impacts this ordinance may have on other historic buildings and districts. The City Commission directed the Administration to have the ordinance reviewed by the Historic Preservation Board for its comments and input. On June 12, 2012, the Historic Preservation Board briefly discussed the proposed ordinance, but requested that it be brought back at its July meeting for a more detailed discussion. At the July meeting, the Board continued it again to the August meeting. The proposed ordinance was reviewed by the Historic Preservation Board at its August 14, 2012 meeting. By a vote of 4-0 (3 members absent) the Board passed a Resolution endorsing the proposed Ordinance. PLANNING BOARD REVIEW On August 28, 2012, the Planning Board (by a 4-1 vote) transmitted the Ordinance Amendment to the City Commission with a favorable recommendation. CONCLUSION The Administration recommends that the City Commission Adopt the Ordinance. RL KGB/JGG/RGL T:\AGENDA\2012\11-14-12\RM-3 Ground Floor-MEMO 2ND.docx 215 GROUND FLOOR ADDITIONS IN THE ARCHITECTURAL DISTRICT 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, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," BY AMENDING DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS," BY AMENDING SUBDIVISION V, "RM-3 RESIDENTIAL MULTIFAMILY HIGH INTENSITY," TO CREATE ADDITIONAL REGULATIONS REGARDING GROUND FLOOR ADDITIONS FOR PROPERTIES LOCATED IN THE ARCHITECTURAL DISTRICT; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach (City) places a strong emphasis on the protection, enhancement and retention of the established architectural scale, character and context of the City's multifamily zoning districts; and WHEREAS, the City Commission has deemed it in the best interest and welfare of the City to have procedures for the review of new construction within the City's multifamily zoning districts; and WHEREAS, the City Commission has deemed it in the best interest and welfare of the City to have procedures to preserve, enhance and protect the unique architectural character and context of oceanfront lots within the Architectural District in Miami Beach; and WHEREAS, the City of Miami Beach Historic Preservation Board and Planning Board have reviewed and endorsed the proposed amendment to the Code herein; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 3, "Residential Multifamily Districts," Subdivision V, "RM-3 Residential Multifamily High Intensity," of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Section 142-246. -Development regulations and area requirements * * * 216 (b) The lot area, lot width, unit size and building height requirements for the RM-3 residential multifamily, high intensity district are as follows: Minimum Minimum Lot Area Lot Width (Square (Feet) Feet) 7,000 50 Minimum Unit Size (Square Feet) New construction- 550 Non-elderly and elderly low and moderate income housing: See section 142- 1183 Rehabilitated buildings-400 Hotel unit: 15%:300- 335 Average Unit Size (Square Feet) New construction- 800 Non-elderly and elderly low and moderate income housing: See section 142-1183 Rehabilitated buildings-550 Hotel units- N/A Maximum Building Height (Feet) 150 ~~~~~eurm !of Stories 116 Oceanfront lots-I Oceanfront lots- 200 122 Architectural dist.: 1 Architectural dist: New construction-! New 120; ground floor iconstruction-13; additions (whether lground floor attached or I additions (whether detached) to I attached or existing structures 1 detached) to on oceanfront . 1 existing structures lots-50 (except as on oceanfront provided in section jlots-5 (except as 142-1161 !provided in section 85%: 335+ 142-1161 (c) Notwithstanding the above, for oceanfront lots located within a locally designated historic district or site, but not within the architectural district, with less than 400 feet of lineal frontage along Collins Avenue and containing at least one contributing structure, the maximum building height for ground floor additions to existing structures, whether attached or detached, shall be as follows: (1) For existing structures greater than five stories in height, the maximum height shall be limited to ten stories or the height of the roof line of the main structure on site, whichever is less. At the discretion of the historic preservation board, the maximum height of the ground floor addition may exceed ten stories if the existing and surrounding structures are greater than five stories in height, provided the addition is consistent with the scale and massing of the existing structure. (2) For existing structures five stories or less in height, the maximum height shall be limited to five stories. Additionally, the proposed addition shall not substantially reduce existing or established view corridors, nor impede the appearance or visibility of architecturally significant portions of an existing structure, as determined by the historic preservation board. (d) Notwithstanding the above, for oceanfront lots located in the architectural district, the overall height of an attached addition may exceed five stories and 50 feet, but shall not exceed the height of the roof line of the structure attached to, provided all of the following conditions are satisfied: (1) The proposed addition shall consist of the expansion of existing hotel units only 2 of 4 217 and shall not result in an increased number of units. (2) The proposed addition shall be for hotel units only. A restrictive covenant, running with the land, or other similar instrument enforceable against the owner(s), acceptable to and approved as to form by the city attorney, shall be required to ensure that the units remain as hotel units for a minimum of 30 years. If the applicant is unable to provide such a covenant, this requirement may be waived by the city manager if it is demonstrated that the project provides an extraordinary public benefit to the surrounding area. (3) The proposed addition shall not be attached to front, street side or oceanfront elevations, nor along any other principal elevations or facades, as determined by the historic preseNation board. (4) The proposed addition shall not substantially reduce existing or established view corridors, nor impede the appearance or visibility of architecturally significant portions of an existing structure, as determined by the historic preseNation board. (e} A ground floor addition relocating existing hotel units shall also meet the following conditions, in addition to subsection (d)(2-4) above: (1) There shall be no neighborhood impact establishment dancehall or entertainment use in the area of the proposed addition; (2) No new outdoor or open air entertainment establishment shall be created on the property. Outdoor or open air entertainment establishments existing as of ID! effe<rtive date of this ordinance ( ) mav continue but shall not be expanded if a property avails itself of this provision. {3) Upon approval of the proposed addition bv the Historic Preservation Board, no building greater than two (2) stories or 25 feet in height shall be constructed between the rear of the building and westward line of the dune overlay district; This provision shall not be subject to variance. (4) Notwithstanding the provisions in Section 142-1161(d), if the building presently contains unoccupied but built spaces enclosed on at least three sides by exlsting walls of a height that would conceal a new roof, such as false parapets or storage rooms. those sgaces may be further enclosed as habitable floor area, up to the permitted floor area; and {5) No new commercial uses shall be permitted on the rooftop or any open air decks of the existing structure or proposed addition. 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 3 of 4 218 be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this __ day of _______ , 2012 ATTEST: CITY CLERK First Reading: October 24, 2012 Second Reading: November 14, 2012 Verified by:--------- Richard Lorber Planning Director Underscore denotes new language T:\AGENDA\2012\11-14-12\RM-3 Ground Floor-ORO 2ND rev.docx 4 of 4 219 MAYOR APPROVED AS TO F,PRM & LANGUAGE & FOR EXECU ION JnNJAIISNillOJ >i)\llli.3S 9NLLSIX3 lHMO.L >il\IMN\13)0 JNno N\13)0 JllN\Ill\1 z 220 \ 221 u u ~ u u NE THURSDAY, NOVEMBERj ?012 I 19NE NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach, in the Commission Chambers, 3«~ Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, November 14, to consider the following: 10:15 a.m. Parking District No. 5 -Sunset Harbour Neighborhood Ordinance Amending The City Code of the City of Miami Beach, Florida, by Amending Chapter 130, "Off-Street Parking," Article II "District; Requirements," Section 130-31 "Parking Districts Established," By Creating A New Parking District No. 5; Amending Section 130-33, "Off-Street Parking Requirements For Parking Districts Nos. 2, 3 And 4," By Adding New Parking Regulations For Parking District No. 5 For Properties Generally Bounded By Purdy Avenue On The West, 20th Street On The North, Alton Road On The East And Dade Boulevard On The South; Amending Section 142-483, "Conditional Uses" By Adding To The List Of Conditional Uses In The 1-1 Urban Light Industrial District; Amending Chapter 142, Article II, "District Regulations," Division 5, "C0-2 Commercial Medium Intensity District," By Amending Sections 142-302, "Main Permitted Uses," Section 142-303, "Conditional Uses," And Section 142-305, "Prohibited Uses," By Clarifying The Permitted, Prohibited And Conditional Uses In Parking District #5. Inquiries may be directed to the Parking Department (305) 673-7275. 10:30 a.m. Ground Floor Additions In The Architectural District An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Article II, "District Regulations," By Amending Division 3, "Residential Multifamily Districts," By Amending Subdivision V, "RM-3 Residential Multifamily High Intensity," To Create Additional Regulations Regarding Ground Floor Additions For Properties Located In The Architectural District. Inquiries may be directed to the Planning Department (305) 673-7550. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these items are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued, and under such circumstances additional legal notice will not be provided. Rafael E. Granado, City Clerk City of Miami Beach Pursuant to Section 286.0i 05, 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 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 us five days in advance at (305) 673-7 41 i (voice) or TIY users may also call the Florida Relay Service at 71 i. Ad #753 222 THIS PAGE INTENTIONALLY LEFT BLANK 223 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending Chapter 10 of the Miami Beach City Code entitled "Animals" by amending Section 10-11, entitled "Running At Large Prohibited" by extending the pilot off leash program for dogs in South Pointe Park through and including January 31, 2013, providing for repealer, severability, codification and an effective date. Key Intended Outcome Supported: Increase satisfaction with recreational programs Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 85% of residents rated the City's Recreation programs as either excellent or good. Issue: Should the City Commission approve this ordinance on first reading extending dog off leash pilot program in South Pointe Park throu h and until Januar 31, 2013? Item Summa /Recommendation: There have been several Commission/Commission Committee discussions/actions related to extending the dogs off leash in South Pointe Park pilot program. Select actions are as follows: • September 9, 2009 The City Commission approved, on second reading, an Ordinance amending Chapter 10 of the Miami Beach Code entitled "Animals" to allow the City Commission to designate specific off-leash areas for dogs in public parks, specifically for South Pointe Park. The item was amended to clarify that a South Pointe Park Dog Off- leash Pilot Program would be for a trial period of six months, commencing only if/when Miami-Dade County amended Section 5-20 of their Code pertaining to animals. At the time the County Code prohibited dogs off leash except in authorized park areas. • Mav 4, 2010 The Miami-Dade County Commission adopted the ordinance amendment at their Board of County Commissioners meeting amending Section 5-20 of their Code pertaining to animals. • June 10, 2010 The initial South Pointe Park Dog Off-leash Pilot Program began. • October 19, 2011 The City Commission approved an ordinance that extended the pilot off-leash program until January 1, 2012, and added two (2) hours in the evening from 5:00P.M. To 7:00P.M., Monday through Friday. • December 8, 2011 The NCAC recommended the program be extended until July 15, 2012. • July 18. 2012 The City Commission approved extending the South Pointe Park Dog Off-leash Pilot Program through and including December 31, 2012. • September 24, 2012 The NCAC unanimously moved to bring the concept of a hedge for the off-leash dog area of South Pointe Park back to the City Commission and recommended extending the off-leash pilot program through and including January 31,2013. Based on the NCAC recommendation, the proposed ordinance amendment extending the South Pointe Park Dog Off- Leash Pilot Program is presented on first reading. Please note there is an accompanying resolution for this item which ma modi this ro ram extension date. Adviso Board Recommendation: NCAC meeting on 9/24/12; recommendation to proceed with ordinance amendment to extend off leash area pilot program in South Pointe Park throu hand until Janua 31, 2013. Financial Information: Source of Amount Account Funds: 1 OBPI Total Financial Impact Summary: Ci Clerk's Office Le lslative Trackin Si n-Offs: Department Director City Manager KS KGB T:\AGENDA\2012\11-14-12\Animal Ordinance Amendment OfH rdg Summary 11-14-12.doc MIAMI BEACH AGENDA ITEM _fi"'"-';";5'=--(_-=---:- DATE 11-lt{-/2,_ 224 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: Kathie G. Brooks, Interim City Manager ;1( ~ /.- 1 DATE: November 14, 2012 FIRST READING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE MIAMI BEACH CITY CODE ENTITLED "ANIMALS," BY AMENDING SECTION 10-11, ENTITLED "RUNNING AT LARGE PROHIBITED," BY EXTENDING THE PILOT PROGRAM OFF-LEASH AREA FOR DOGS IN SOUTH POINTE PARK THROUGH AND INCLUDING JANUARY 31, 2013, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Discuss the proposed ordinance amendment to extend the off-leash area in South Pointe Park is presented for first reading as recommended by the Neighborhoods/Community Affairs Committee (NCAC) at the September 24, 2012 meeting and extend the date if determined appropriate. KEY INTENDED OUTCOME SUPPORTED Increase satisfaction with recreational programs. INTRODUCTION At the January 28, 2009, Commission meeting, the Administration requested the matter of dogs off-leash in City parks and other public properties in general, be referred to the Neighborhood/Community Affairs Committee for discussion. This initial Neighborhood/Community Affairs discussion was held on February 17, 2009. Since that time there have been ongoing discussions as to how the City can find the proper levels of services that address the needs of our residents and guests who own dogs with those who do not. These discussions have focused on the development of "bark parks" (fenced in areas in parks specifically designed and designated for dogs to run off leash): access for the dogs to water from a beach or park edge; the provision of dog bag/ waste stations that are located throughout the city's parks, rights of way, Lincoln Road, the Beach walk and other public areas; and the establishment of off-leash access in the parks to areas which are unfenced/ unsecured where dogs would run off leash and beyond their owner's control. BACKGROUND There are presently total of five fenced dog parks and one designated off-leash area within the City's parks. These include Belle Isle, Flamingo, North Shore Open Space Park, Pinetree, South Pointe (un-fenced/off-leash area) and Washington Avenue (two sites). 225 Ordinance Amendment To Chapter 10 -Section 10-11 Running At Large Prohibited November 14, 2012 City Commission Meeting Page 2 of4 One of the initial discussion issues focused on the development of a dog park within South Pointe Park, an enclosed area similar to the dog parks in Flamingo, Washington Avenue, Pinetree, or Belle Isle, or one without a fence. The conclusion of the discussion was to build-out a larger dog park on Washington Avenue, diagonal from the then-existing dog park on Collins Avenue and 2nd street. It was also recommended that the City look at whatever amendments would be needed to permit a pilot, off-leash area in a designated section of South Pointe Park, with limited hours of use. The designation of an off-leash area was not only prohibited by City Code, but it was also prohibited by County Code. Since the initial discussions in early 2009, there have been several Commission/Commission Committee discussions concerning dogs off leash in South Pointe Park and the existing pilot program resulting in various actions. Select actions are as follows: • September 9. 2009, the City Commission approved, on second reading, an Ordinance amending Chapter 10 of the Miami Beach Code entitled "Animals" to allow the City Commission to designate specific off-leash areas for dogs in public parks, specifically for South Pointe Park. The action established morning off-leash hours (park opening (sunrise) to 9:00A.M.) only in a specific, unenclosed area of South Pointe Park located in the triangular area where the public art was scheduled to be sited (south and west of the Washington Avenue entry plaza). The item was amended to clarify that a South Pointe Park Dog Off-leash Pilot Program would be for a trial period of six months, commencing only if/when Miami-Dade County amended Section 5-20 of their Code pertaining to animals. At the time of the City Ordinance approval, County Code prohibited dogs off leash except in authorized park areas. • May 4. 2010. the Miami-Dade County Commission adopted the ordinance amendment at their Board of County Commissioners meeting amending Section 5-20 of their Code pertaining to animals. • June 10, 2010. the initial South Pointe Park Dog Off-leash Pilot Program began. • February 3. 2011, the Neighborhood/Community Affairs Committee held a discussion concerning the South Pointe Park Dog Off-leash Pilot Program and recommended extending the trial period, as well as adding two (2) additional hours in the evening on Monday through Friday only (hours to be determined). They also discussed the concept of adding a hedge to surround the off-leash area once it returns to its permanent area (from where it had to be moved when the Lighthouse art sculpture was being installed). It was concluded that the item would return to Committee after the installation of the public art, and if the off-leash program was approved to continue, to discuss whether the off-leash area should move back to the original site, or remain at the current location (portion of west lawn). • October 19, 2011, the City Commission approved an ordinance on second/final reading that extended the pilot off-leash program until January 1, 2012, and added two (2) hours in the evening from 5:00P.M. To 7:00P.M., Monday through Friday. • December 8. 2011, the Neighborhood/Community Affairs Committee discussed the continuation of the South Pointe Park Dog Off-leash Pilot Program. At the conclusion of the discussion the Committee recommended the program be extended until July 15, 2012. 226 Ordinance Amendment To Chapter 10 -Section 10-11 Running At Large Prohibited November 14, 2012 City Commission Meeting Page 3 of4 • January 11, 2012. the City Commission approved an ordinance amendment on second reading to extend the South Pointe Park Dog Off-leash Pilot Program until July 15, 2012, modified the off-leash hours in the designated area in the morning from sunrise to 10:00 A.M. daily and between 4:00 P.M. and 7:00 P.M. Monday through Friday and relocated the off-leash area to the west lawn, south and east of the Washington Avenue entry plaza. The Commission also instructed the Administration to file an application to the Design Review Board (ORB) for the approval of a hedge in the newly established location. • March 6, 2012, the ORB held a hearing on the Administration's application for the approval of a hedge in the newly established location of the off-leash area in South Pointe Park. • March 13. 2012, ORB 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'." • April 11, 2012, the City Commission approved a resolution setting a public hearing, pursuant to Section 118-262 of the City Code, requesting a review of the Design Review Board decision rendered on March 13, 2012 (ORB File No. 22894) pertaining to the design review approval for a hedge for a City Commission designated off-leash dog area within the western portion of South Pointe Park. • May 9. 2012, a City Commission item was introduced calling for a public hearing to consider the appeal of the Design Review Board Order in File No. 22894) pertaining to the design review approval for a hedge for a City Commission designated off-leash dog area within the western portion of South Pointe Park. In addition, a resolution setting forth an order (granting or denying) an appeal request by the City Manager of the City of Miami Beach, pertaining to a decision of the Design Review Board (ORB) for South Pointe Park was presented. At the conclusion of the discussion a motion was made by Vice-Mayor Libbin to continue the consideration of reversing the ORB Appeal to the June 6, 2012 Commission Meeting; seconded by Commissioner Exposito; Voice vote 6-1; Opposed: Commissioner Wolfson. • May 22, 2012, the N/CAC discussed the South Pointe Park Dog Off-leash Pilot Program and recommended it be extended again from July 15, 2012 through and until December 31,2012. • June 6, 2012, the City Commission item, deferred from the May 9, 2012 Commission, calling for a public hearing to consider the appeal of the Design Review Board Order in File No. 22894) pertaining to the design review approval for a hedge for a City Commission designated off-leash dog area within the western portion of South Pointe Park was again introduced. In addition, a resolution setting forth an order (granting or denying) an appeal request by the City Manager of the City of Miami Beach, pertaining to a decision of the Design Review Board (ORB) for South Pointe Park was presented. Following a discussion the motion to support the appeal failed and the appeal of the ORB order was denied. 227 Ordinance Amendment To Chapter 10-Section 10-11 Running At Large Prohibited November 14, 2012 City Commission Meeting Page 4 of4 • June 6. 2012, the City Commission approved an ordinance on first reading extending the South Pointe Park Dog Off-leash Pilot Program through and until December 31, 2012. • July 18. 2012. the City Commission held the public hearing and approved the ordinance on second reading extending the South Pointe Park Dog Off-leash Pilot Program through and until December 31, 2012. Additionally, the Commission requested the matter be sent back to the Neighborhood/Community Affairs Committee to discuss in greater detail the number of documented violations that have transpired since the South Pointe Park Dog Off-leash Pilot Program began in June, 2010. ANALYSIS September 24, 2012 Neighborhood/Community Affairs Committee Discussion -South Pointe Park Dog Off-Leash Pilot Program The NCAC discussed the South Pointe Park Dog Off-leash Pilot Program at its September 24, 2012 meeting. The Administration advised the Committee that as stipulated by the City Commission action of July 18, 2012 and the Miami Beach City Code, the current South Pointe Park Dog Off-Leash Pilot Program is scheduled to terminate on December 31, 2012. If no action is taken the program will terminate. As any modification/code amendment to extend the pilot program requires two (2) Commission actions the Administration requested that the NCAC discuss the future of the South Pointe Dog Off-Leash Pilot Program and provide direction as to how to proceed. The Administration also provided information requested by the NCAC related to the number of documented instances of dogs off-leash in violation of the City's established times and/or location. It was reported to the Committee that monitoring reports maintained by Code Compliance and Security Alliance indicated that for the period of June, 2010 when the South Pointe Park Dogs Off-leash Pilot Program began, through August, 2012, there were 901 violations reported. Additional discussion was held. Commissioner Weithorn stated that although the dog owners that come to these meetings are responsible, she has observed that the dogs have expanded beyond the off-leash area to the entire cut walk, and she has been chased by dogs on at least twice. Commissioner Libbin stated that there are three options; including; 1. Do nothing. 2. Curtail the program completely. 3. Find a mechanism to allow the dogs to be off-leash in a controlled area. Commissioner Libbin then suggested bringing a new initiative for a hedge to the Commission. At the conclusion of the discussion the Committee (Commissioners Tobin, Libbin and Exposito present) unanimously moved to bring the concept of a hedge for the off-leash dog area of South Pointe Park back to the City Commission and recommended extending the off-leash pilot program through January 31, 2013. CONCLUSION Based on the NCAC recommendation, the proposed ordinance amendment extending the South Pointe Park Dog Off-Leash Pilot Program is presented on first reading. Please note there is an acco anying resolution for this item which may modify this program extension date. s DA 012\11-14-12\Animal Ordinance Amendment Off Leash Pilot Program Extension 1st rdg MEM011-14- 228 ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE MIAMI BEACH CITY CODE ENTITLED "ANIMALS," BY AMENDING SECTION 10-11, ENTITLED "RUNNING AT LARGE PROHIBITED," BY EXTENDING THE PILOT PROGRAM OFF-LEASH AREA FOR DOGS IN SOUTH POINTE PARK THROUGH AND INCLUDING JANUARY 31, 2013; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, pursuant to Section 5-20 of the Miami-Dade County Code, "a dog may be unrestrained and shall not be deemed at large if it is supervised by a competent person and is (i) in a park area in which dogs are specifically authorized by a municipality or by the County to be unrestrained ... "; and WHEREAS, on September 9, 2009, the Mayor and City Commission adopted Ordinance No. 2009-3646 which specifically authorized dogs to be unrestrained and off-leash in South Pointe Park for a pilot program in the triangular area south and west of the Washington Avenue entry plaza from sunrise to 9:00 A.M. daily, or during such hours as may be specifically designated by a resolution of the City Commission after a public hearing; and WHEREAS, on October 19, 2011, the Mayor and City Commission adopted Ordinance No. 2011-3743 which extended the pilot program in South Pointe Park until January 1, 2012, and extended the off-leash hours in South Park by adding two (2) hours in the evening from 5:00P.M. to 7:00P.M. on Monday through Friday; and WHEREAS, on January 11, 2012, the Mayor and City Commission adopted Ordinance No. 2012-3750 which extended the off-leash hours in the designated area in South Pointe Park from sunrise to 10:00 A.M. daily, and in the evening from 4:00 P.M. until sunset on Monday through Friday, relocated the off-leash dog area to the area south and east of the Washington Avenue entry plaza, and extended the off-leash program to July 15, 2012; and WHEREAS, on May 22, 2012, the Neighborhoods/Community Affairs Committee recommended that the off-leash pilot program in South Pointe Park be extended through December 31, 2012; and WHEREAS, following a first reading on June 6, 2012, the Mayor and City Commission adopted Ordinance No. 2012-3772 after a second reading/public hearing on July 18, 2012 which extended the off-leash pilot program in South Pointe Park through and including December 31, 2012; and WHEREAS, on September 24, 2012, the Neighborhoods/Community Affairs Committee recommended that the off-leash pilot program in South Pointe Park be extended through January 31, 2013; and WHEREAS, the Mayor and City Commission wish to extend the off-leash pilot program in South Pointe Park through and including January 31, 2013. 229 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 10, Section 10-11 of the Miami Beach City Code is hereby amended as follows: Chapter 10 ANIMALS * * * Sec. 10-11. Running at large prohibited. It shall be prohibited for the owner or person in control of any animal to permit the animal to run at large. All animals, when not on the premises of their owner or of the person in control, must be on a leash or contained in a carrier device and under the control of a competent person, except that in South Pointe Park, in the designated area south and east of the Washington Avenue entry plaza, dogs may be off-leash from sunrise to 10:00 A.M. daily and from 4:00 P.M. to 7:00 P.M. on Monday through Friday, or during such other hours as may be specifically designated by a resolution of the city commission after a public hearing, through and including December 31, 2012 January 31, 2013. 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. 2 230 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the_ day of December, 2012. PASSED and ADOPTED this_ day of December, 2012. ATTEST: RAFAEL E. GRANADO, CITY CLERK MATTI HERRERA BOWER MAYOR Underline denotes additions and strike through denotes deletions T:\AGENDA\2012\11-14-12\Animal Ordinance Amendment Off Leash Pilot Program Extension 1-31-13 1st rdg ORD.docx 3 231 ~ 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. G ZAL FROM: JOSE SMITH, CITY ATTO DATE: NOVEMBER 14,2012 SUBJECT: AMENDMENTS TO DEBARMENT ORDINANCE TO PROVIDE FOR SUSPENSION GROUNDS AND PROCEDURES. Pursuant to the request of Mayor Matti Herrera Bower, the above-referenced amendments to the Debarment Ordinance, which provide grounds and procedures for the suspension of City contractors, is submitted for consideration by the City Commission. JS/DT/mem F:\ATTO\TURNIMEMOS\Memo re debarment.docx 232 Agenda Item R S D Date II-It{-/ L ORDINANCE TO BE SUBMITTED 233 R7 RESOLUTIONS COMMISSION ITEM SUMMARY Condensed Title: A resolution setting the dates for the year 2013 Commission meetings. Key Intended Outcome Supported: Supports multiple KIO's. Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Shall the Mayor and City Commission approve the 2013 Commission meeting dates? Item Summary/Recommendation: Pursuant to Section 2.04 of the Miami Beach City Charter, "The City Commission shall meet at such times as may be prescribed by ordinance or resolution." In preparing the Commission Meeting calendar the Administration takes into consideration events such as the U.S. Conference of Mayors, Miami-Dade County Days, Art Basel, August recess, September to set the tentative/final millage and the budget approval process, if an election year then November for election/runoff election meetings, and finally Federal and Religious Holidays. Considering the above, it is difficult to always schedule meetings on the same Wednesday of the month. In preparing the recommended meeting dates, the Administration set three (3) goals: 1) schedule one (1) Commission meeting and one (1) alternate meeting a month; 2) schedule Commission meetings on Wednesdays; and 3) not to schedule Commission meetings during the month of August, while the City Commission is in recess. The Administration recommends approving the resolution. Advisory Board Recommendation: IN/A Financial Information· Source of Amount Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin Rafael E. Granado, City Clerk Si n-Offs: r Assistant City Manager 3-commissloner.dates-SUM.doc MIAMI BEACH 235 Account ved er AGENDA ITEM --'--'R'--'7'--..!.A--'----:::-- DATE 11-/tj-/1_ G MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manage~~ DATE: November 14, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, SETTING THE DATES FOR THE YEAR 2013 CITY COMMISSION MEETINGS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS Pursuant to Section 2.04 of the Miami Beach City Charter, "The City Commission shall meet at such times as may be prescribed by ordinance or resolution." In preparing the Commission Meeting calendar the Administration takes into consideration events such as the U.S. Conference of Mayors, Miami-Dade County Days, Art Basel, August recess, September to set the tentative/final millage and the budget approval process, if an election year then November for election/runoff election meetings, and finally Federal and Religious Holidays. Considering the above, it is difficult to always schedule meetings on the same Wednesday of the month. In preparing the recommended meeting dates, the Administration set three (3) goals: 1) schedule one (1) Commission meeting and one (1) alternate meeting a month; 2) schedule Commission meetings on Wednesdays; and 3) not to schedule Commission meetings during the month of August, while the City Commission is in recess. The Administration met the goals with the following exceptions: Exception 1: In June, due to Art Basel beginning on June 13, there is no alternate meeting scheduled. Exception 2: In September, due to Budget Hearings that need to be scheduled at a later time to account for the County and School Board budget hearings as required by State law, there is no alternate meeting scheduled. Note: The Miami Beach Annual Boat Show is scheduled for February 14-18 with move- in scheduled to start on February 8-13 and move-out scheduled on February 19- 23, which creates significant parking and traffic challenges for the City Hall area. 236 It is recommended that the City Commission meetings be set as follows: Commission Meetings January 16 (Wednesday) February 20 (Wednesday) March 13 (Wednesday) April 17 (Wednesday) May 8 (Wednesday) June 5 (Wednesday) July 17 (Wednesday) August -City Commission in recess September 11 (Wednesday) October 16 (Wednesday) November 6 (Wednesday) -Election related only November 20* (Wednesday) December 11 (Wednesday) *If runoff election only. Alternate Meetings January 23 (Wednesday) February 27 (Wednesday) March 20 (Wednesday) April 24 (Wednesday) May 22 (Wednesday) July 24 (Wednesday) October 23 (Wednesday) November 27 (Wednesday) December 18 (Wednesday) The proposed 2013 calendar calls for 10 regularly scheduled Commission meetings, 9 alternate meetings, 2 election related meetings, and an additional special budget Commission meeting will be scheduled at a later time in September. In preparing the calendar, City-designated holidays and religious holidays have been taken into consideration. Attachment "A" is a list of City of Miami Beach holidays. Attachment "B" is a list of Jewish holidays. CONCLUSION The Administration recommends that the Mayor and City Commission approve the proposed City Commission meeting dates and alternate meeting dates for the year 2013. KGB/REG/Ic T:\AGENDA\2012\11-14-12\2013-Commission.dates-MEMO.doc 237 New Year's Day Dr. Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Attachment "A" CITY OF MIAMI BEACH LEGAL HOLIDAYS 2012 Tuesday, January 1, 2013 Monday, January 21, 2013 Monday, February 18, 2013 Monday, May 27, 2013 Thursday, July 4, 2013 Monday, September 2, 2013 Monday, November 11, 2013 Thursday, November 28, 2013 Friday, November 29, 2013 Wednesday, December 25, 2013 238 Tu B'Shevat Ta'anit Esther Purim Shushan Purim Passover Second Passover Lag B'Omer Shavuot Fast of the 17th of Tammuz Fast of Tish'a B'Av Rosh Hashanah Fast of Gedaliah Yom Kippur Sukkot Hashanah Rabbah Shemini Atzeret Simchat Torah Chanukah Fast of Tevet 10 Attachment "B" JEWISH HOLIDAYS 2013 January 26 February 21 Nightfall of February 23 through nightfall of February 24 (work should be avoided) February 25 Sunset of March 25 through nightfall of April 2 (work is permitted only on March 28-29 & 31) April24 April 28 Sunset of May 14 through nightfall of May 16 (no work permitted) June 25 Sunset of July 15 through nightfall of July 16 (work should be avoided) Sunset of September 4 through nightfall of September 6 (no work is permitted) September 8 Sunset of September 13 through nightfall of September 14 (no work is permitted) Sunset of September 18 through sunset of September 25 (Work is permitted only on September 22-24 only) September 25 Sunset of September 25 through nightfall of September 26 (no work is permitted) Nightfall of September 26 through nightfall of September 27 (no work is permitted) Sunset of November 27 through December 5 December 13 239 RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING THE DATES FOR THE YEAR 2013 CITY COMMISSION MEETINGS. WHEREAS, at the January 12, 2005 Committee of the Whole Meeting, Mayor Dermer solicited input regarding the scheduling of one City Commission meeting a month; and WHEREAS, subsequent to Mayor Dermer's request, the Administration placed this issue on the February 23, 2005 City Commission Meeting agenda to refer it to the Neighborhood/Community Affairs Committee for discussion; and WHEREAS, the Neighborhood/Community Affairs Committee met on March 29, 2005 and was presented with the idea of having one City Commission meeting a month and an alternate meeting scheduled the following week; and WHEREAS, this would allow the City Commission to continue the meeting because of the lateness of the hour or if a particular item(s) may cause the meeting to run very late, to continue the item(s) not handled to the following Wednesday; and WHEREAS, because the same City Commission agenda will be used, no City Commission/ Manager Agenda reviews will be required; and WHEREAS, it also allows the Mayor and City Commission, and the Administration to reserve the Wednesday following a City Commission meeting so that scheduling of a continued meeting, if necessary, does not result in scheduling problems; and WHEREAS, this new schedule of one Commission meeting a month and an alternate meeting was implemented in May 2005; and WHEREAS, pursuant to Section 2.04 of the Miami Beach City Charter, the City Commission shall meet at such times as may be prescribed by ordinance or resolution; and WHEREAS, in preparing the recommended meeting dates, the Administration set three (3) goals: 1) schedule one (1) City Commission meeting and one (1) alternate meeting a month; 2) schedule City Commission meetings on Wednesdays; and 3) not to schedule City Commission meetings during the month of August, while the City Commission is in recess; and WHEREAS, the proposed 2013 calendar calls for 10 regularly scheduled Commission meetings, 9 alternate meetings, 2 election related meetings, and an additional special budget Commission meeting will be scheduled at a later time in September. 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 the following dates for the year 2013 City Commission Meetings: 240 Commission Meetings January 16 (Wednesday) February 20 (Wednesday) March 13 (Wednesday) April 17 (Wednesday) May 8 (Wednesday) June 5 (Wednesday) July 17 (Wednesday) August-City Commission in recess September 11 (Wednesday) October 16 (Wednesday) November 6 (Wednesday) -Election related only November 20* (Wednesday) December 11 (Wednesday) *If runoff election only. Alternate Meetings January 23 (Wednesday) February 27 (Wednesday) March 20 (Wednesday) April 24 (Wednesday) May 22 (Wednesday) July 24 (Wednesday) October 23 (Wednesday) November 27 (Wednesday) December 18 (Wednesday) PASSED and ADOPTED this 141h day of November 2012. ATTEST: RAFAEL E. GRANADO, CITY CLERK T:\AGENDA \2012\11-14-12\2013-Commission.dates-RESO.doc 241 MAYOR MATTI HERRERA BOWER APPROVED AS TO FORM & LANGUAGE &FOR CUTION THIS PAGE INTENTIONALLY LEFT BLANK 242 R7 -Resolutions R?B A Resolution Approving Funding, In An Amount Not To Exceed $250,000, To Address The Relocation Of The Kitchen Exhaust Venting System Installed By The Pennsylvania Avenue Garage Retail Tenant, Penn 17, LLC (D/B/A Cooper Avenue); With Funding Available From Previously Appropriated City Center RDA Capital Fund 365; And Further, Authorizing The Interim City Manager And Penn 17, LLC To Negotiate And, If Successful, Execute An Agreement To Proceed With The Re-Design, Permitting And Constructing Of Kitchen Exhaust Venting System That Discharges Away From The Service Alley Located Between The New World Symphony Building And The Pennsylvania Avenue Garage. Joint City Commission And Redevelopment Agency (Real Estate, Housing & Community Development) (Item Referred to FCWPC October 24, 2012) {Memorandum & Resolution to be Submitted in Supplemental) Agenda Item R1 B Date Il-l q -I 2 243 THIS PAGE INTENTIONALLY LEFT BLANK 244 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida, That The Mayor And City Commission Hereby Accept The Recommendation Of The Finance And Citywide Projects Committee And Adopting The 2011 Citywide Stormwater Management Master Plan. Issue: 1 Shall the Mayor and the City Commission approve the Resolution? Item Summary!Recommendation: The City of Miami Beach is one of 16 municipalities that entered into an lnterlocal Agreement with Miami-Dade County in 1993, authorizing Miami-Dade County to be the lead permittee in submitting a National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Application. One condition of the lnterlocal Agreement requires Miami Beach to develop a Stormwater Management Master Plan (SWMMP) that is consistent with Miami-Dade County's Master Plan. In 1997, the City prepared a SWMMP that determined stormwater infrastructure needs based on water quality, flooding potential, City staff rankings, and complaints. The 1997 SWMMP has proven to be out-of-date as a result of changes in land use, modifications to the contributing watersheds as a result of re-grading and new construction, and sea level rise. The new SWMMP project has created a comprehensive, citywide model, using more powerful software than was available in 1997 that evaluates the existing system using survey data and Light Detection and Ranging (LIDAR) technology, simulates inter-basin flows, and identifies those basins that are experiencing a reduced level of service. Improvements are identified in a schematic fashion that provides one cohesive design for the City. The SWMMP also reviewed climate change and estimates of projected sea level rise. The consultant made use of a variety of published resources and analyzed historic sea level data. In particular, the consultant used data from the National Oceanic and Atmospheric Administration to determine the existing mean high water (MHW) and projections from the Army Corps of Engineers (ACOE) to estimate historical, intermediate, and high rates of sea level rise. The SWMMP uses the ACOE intermediate projection for sea level rise over the next 20 years. As a result, for all new projects, a sea level elevation of 0.67 feet NAVD88 (based upon the ACOE intermediate projection of sea level rise) is being used for stormwater design purposes and an elevation of 3.2 feet NAVD88 is being used as a minimum for seawall elevations. The previous design criterion required by the City was 0.04 feet NAVD88 for sea level elevation. There was no minimum seawall elevation. (Note NAVD88 is a vertical control datum established to define elevations). At the August 22, 2012 Finance and Citywide Projects Committee meetings, staff presented the SWMMP. The Committee approved the plan with the recommendation to use a 20-year planning horizon. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: ! Approval by FCWPC Financial Information· Source of Amount Funds: 1 OBPI Total Financial Impact Summary: C1t Clerk's Office Le islat1ve Trackin MIAMI BEACH Account 245 Approved AGENDA ITEM ---..::R-'-1-L--C._ DATE 11-ll{-1'2.-. 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' Kathie G. Brooks, Interim City Manager~ DATE: November 14, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT THE MAYOR AND CITY COMMISSION HEREBY ACCEPT THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AND ADOPTING THE 2011 CITYWIDE STORMWATER MANAGEMENT MASTER PLAN. ADMINISTRATION RECOMMENDATION The Administration recommends adopting the resolution. BACKGROUND The City of Miami Beach is one of 16 municipalities that entered into an lnterlocal Agreement with Miami-Dade County in 1993, authorizing Miami-Dade County to be the lead permittee in submitting a National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Application. (There are now 33 municipalities that are party to the lnterlocal Agreement.) One condition of the lnterlocal Agreement requires Miami Beach to develop a Stormwater Management Master Plan (SWMMP) that is consistent with Miami-Dade County's Master Plan. In 1997, the City prepared a SWMMP that prioritized drainage basins, recommended a five-year Capital Improvements Program, and provided hydrologic and water quality calculations for the priority basins. The 1997 SWMMP determined stormwater infrastructure needs based on water quality, flooding potential, City staff rankings, and complaints. The basins ranked the highest were made priority basins and received funding for stormwater improvements. Non-priority basins received no funding. The 1997 SWMMP has proven to be out-of-date as a result of changes in land use, modifications to the contributing watersheds as a result of re-grading and new construction, and sea level rise. Further, it did not provide a citywide model that could provide the data needed to plan comprehensive Citywide stormwater infrastructure improvements. At its June 9, 2010 meeting, the City Commission, via Resolution No. 2010-27 422, authorized Camp Dresser & McKee (now COM Smith) to prepare a new SWMMP. The draft is now complete (Attachment A is the Executive Summary for the Plan). 246 Citywide Storm water Management Master Plan November 14, 2012 Page 2 of3 ANALYSIS The new SWMMP project has created a comprehensive, citywide model, using more powerful software than was available in 1997 that evaluates the existing system using survey data and Light Detection and Ranging (LIDAR) technology, simulates inter-basin flows, and identifies those basins that are experiencing a reduced level of service. Improvements are identified in a schematic fashion that provides one cohesive design for the City. The SWMMP also reviewed climate change and estimates of projected sea level rise. The consultant made use of a variety of published resources and analyzed historic sea level data. In particular, the consultant used data from the National Oceanic and Atmospheric Administration to determine the existing mean high water (MHW) and projections from the Army Corps of Engineers (ACOE) to estimate historical, intermediate, and high rates of sea level rise. The consultant is basing its design recommendations on the ACOE intermediate projection for sea level rise over the next 20 years. The ACOE modified the equations for its curves in 2011. As a result, for all new projects, a sea level elevation of 0.67 feet NAVD88 (based upon the ACOE intermediate projection and an estimated sea level elevation of 0.29 feet NAVD88 as of 2009) is being used for stormwater design purposes and an elevation of 3.2 feet NAVD88 (a vertical control datum established in 1991 used to define elevations) is being used as a minimum for seawall elevations. The previous design criterion required by the City was 0.04 feet NAVD88 for sea level elevation. There was no minimum seawall elevation. The model has also been used to provide concurrency reviews of recently bid neighborhood improvement projects. These reviews have prompted changes to the stormwater designs of the neighborhoods due to inter-basin flows. As a result, the neighborhood improvements will be more effective in providing the required LOS and more flexible to account for the uncertainty relative to the rate of sea level rise. The neighborhoods reviewed to date are: • Biscayne Point • Central Bayshore • Lower North Bay Road • Lake Pancoast • Sunset Islands I & II In addition, the new criteria are being used in the preparation of the following projects: • Star Island • Palm and Hibiscus Islands • Sunset Islands Ill & IV • Sunset Harbour • Flamingo 61h Street • 161h Street • La Gorce Further, the SWMMP has developed order of magnitude cost estimates for the improvements required that total approximately $200 million in needed infrastructure improvements. These improvements will need to be made over an estimated span of 20 years, contingent upon the rate of sea level rise. It is important to note that the difference in cost from an earlier design estimate using a sea level elevation of 0.5 feet NAVD88 had a minimal cost difference to the revised sea level elevation of 0.67 feet NAVD88. 247 Citywide Storm water Management Master Plan November 14, 2012 Page 3 of3 At the June 28, 2012 Finance and Citywide Projects Committee, there was a technical discussion on the existing MHW and the rate of sea level rise. As a result, the Committee directed staff to have a public discussion on sea level rise and to return with the results. This SWMMP Sea Level Rise Discussion was held on Friday, August 17, 2012. The presentation (Attachment B) began with a discussion contrasting the City's previous SWMMP to the new SWMMP. The presentation then focused on sea level rise and the reports and data available to estimate MHW and the rate of sea level rise. Following this, the consultant discussed how sea level rise was incorporated into the draft SWMMP and into the recommended capital improvements. It was stressed that there is a large degree of uncertainty with the rate of sea level rise. As a result, the City has developed a flexible capital improvement plan that can accommodate various rates of sea level rise. The capital improvements will rely on backflow preventers at the outfalls, more pump stations, raised seawalls, and stormwater storage. The City will need to monitor the rate of sea level rise and adjust the plan accordingly. As sea level rises, the stormwater system will rely more upon pumps, and as the existing pumps age, they will be replaced with larger pumps. The presentation was generally positive with acknowledgement that the City is in the forefront of developing a capital program to address sea level rise projections. There were also some concerns expressed about the SWMMP. It was questioned why the consultant developed a master plan with a 20-year horizon instead of a 30-year or 50-year horizon. It was explained that the life cycle of a pump is approximately 20 years. After 20 years, a pump that has reached the end of its life cycle could be replaced with a larger pump depending on the rate of sea level rise. The consultant calculated the additional cost of the capital improvements for a 30-year time frame. While it requires larger pumps in certain locations, the 30-year time frame does not change the requirements for catch basins, piping, and seawalls and the difference in cost was $10 million. There were also questions about the ability of the City to deal with sea level rise beyond the 20-year or 50-year horizons. It was stressed that the SWMMP provides flexibility beyond the time horizons discussed. At the August 22, 2012 Finance and Citywide Projects Committee, staff presented the results of the Discussion (Attachment C) and an analysis of the costs differences between a 20-year planning horizon and a 30-year planning horizon. The Committee approved the plan with the recommendation to use a 20-year planning horizon. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the resolution. Attachments: A. Stormwater Management Master Plan-Executive Summary B. SWMMP Sea Level Rise Workshop Presentation C. August 22, 2012 Finance and Citywide Projects Committee Presentation KGB/MAS/FHB/JJF/. T:IAGENDA\2012\11-14·12\Stormwater Management Master Plan· MEMO,docx 248 RESOLUTION NO.---- A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AND ADOPTING THE 2011 CITYWIDE STORMWATER MANAGEMENT MASTER PLAN. WHEREAS, the City of Miami Beach is one of 16 municipalities that entered into an I nterlocal Agreement with Miami-Dade County in 1993, authorizing the County to be the lead permittee in submitting a National Pollutant Discharge Elimination System Stormwater Permit Application; and WHEREAS, one condition of the lnterlocal Agreement requires the City to develop a Stormwater Management Master Plan (SWMMP) that is consistent with Miami-Dade County's Master Plan; and WHEREAS, in 1997, the City prepared a SWMMP that prioritized drainage basins, recommended a five-year Capital Improvements Program, and provided hydrologic and water quality calculations for the priority basins; and WHEREAS, the 1997 SWMMP needs to be updated as a result of changes in land use, modifications to the contributing watersheds, and sea level rise; and WHEREAS, at its June 9, 2010 meeting, the City Commission, via Resolution No. 2010- 27422, authorized the City's consultant, Camp Dresser & McKee (now COM Smith), to prepare a new SWMMP; and WHEREAS, the SWMMP accounts for climate change and sea level rise; and WHEREAS, the new SWMMP establishes a comprehensive, Citywide model that simulates inter-basin flows and identifies those basins that are experiencing a reduced level of service; and WHEREAS, a SWMMP Sea Level Rise Discussion (the Discussion) was held on August 17, 2012, and included a discussion contrasting the previous SWMMP to the new proposed SWMMP; and WHEREAS, at the August 22, 2012 Finance and Citywide Projects Committee, following a presentation by City staff on the results of the Discussion, and an analysis of the costs differences between a 20-year planning horizon and a 30-year planning horizon, the Committee recommended approval of the new SWMMP, with the recommendation to use a 20-year planning horizon. 249 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 Finance and Citywide Projects Committee and adopt the 2011 Citywide Stormwater Management Master Plan. PASSED and ADOPTED this 141h day of November, 2012. ATTEST: Rafael Granado, City Clerk APPROVED AS TO FORM & LANGUAGE & F"'lli EXECUTION Matti Herrera Bower, Mayor T:\AGENDA\2012\11-14-12\Stormwater Management Master Plan-RESO.docx 250 .......................... Attachment A mmary 1 Introduction and und On June 9, 2010, the City of Miami Beach (City) authorized CDM Smith Inc. (CDM Smith) to develop a City-wide Comprehensive Stormwater Management Master Plan (SWMMP) in order to evaluate and update its storm water management practices, infrastructure, funding, and regulatory policies. Miami Beach is one of 16 municipalities that entered into an Interlocal Agreement (ILA) with Miami- Dade County in 1993 (subsequently 17 additional municipalities have also entered an ILA with Miami- Dade County), authorizing Miami-Dade County to be the lead permittee in submitting a National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Application, which was required by federal law. One condition of the ILA requires the City of Miami Beach to develop a SWMMP that is consistent with Miami-Dade County's Master Plan. This report is the 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 20 years, with considerations of potential sea level change (SLC) over 20- years of stormwater infrastructure and a 50-year planning horizon for sea wall heights. SLC, to the extent it occurs, will worsen flooding potential in the by raising the water table and by making it more difficult to discharge stormwater out of the area. The SWMMP provides a preliminary schedule of prioritized capital improvements necessary to allow the City's stormwater systems: 1. to meet the increasing performance and regulatory demands 2. to modernize existing systems for both flood control and water quality 3. to maintain the City-desired flood control level of service (LOS). The City is a highly urbanized coastal community located in southeast Florida and is a major economic resource to the region. Bounded by the Atlantic Ocean and the environmentally sensitive Biscayne Bay Aquatic Preserve, which is also an Outstanding Florida Water (OFW) requiring strict environmental protection, the study area covers approximately 4,200 acres. The area has relatively low-lying land that is intersected by intracoastal waterways with limited natural storage and large areas of re- development. The subtropical climate entails high-intensity rainfall and significant tidal influence. These factors all contribute to historical and potential future severe rainfall and tidal flooding. .2 Progra and Obj Specific objectives of the SWMMP were defined through the initial project meetings to identify adaptable and sustainable stormwater management solutions that: • Objective No. 1: Quantify and improve flood control LOS, that is, the degree of flood protection achieved, based on a 20-year capital improvement program; • Objective Number 2: Quantify economic impact of flooding; • Objective No.3: Facilitate and prioritize operation and maintenance (O&M); " Objective No.4: Augment existing infrastructure for storage and treatment; © 2012 CDM Smith All Rights Reserved 251 ES-1 Executive Summary ,. Stormwater Management Master Plan " Objective No. 5: Coordinate and guide review of projects under current design/construction and facilitate accelerated analysis of "early out" projects; " Objective No.6: Identify stormwater harvesting-reuse and recharge well opportunities for conservation of fresh water; • Objective No.7: Refine and recommend updates to the City's stormwater ordinances and assess sufficiency of the City's Stormwater Utility; and " Objective No. 8: Provide recommendations for seawalls to mitigate the effects of sea level increases over the next 50 years . . 3 ethod As part of this SWMMP, surface water modeling was performed using the EPA Stormwater Management Model (SWMM) to estimate and evaluate existing flooding LOS and alternative solutions to meet refined LOS targets. Water quality evaluations were conducted using the COM Smith Watershed Management Model (WMM). These tools can be used to support design and implementation. Model development came from a multitude of resources. The following is a list of some of the data sources: " Actual rainfall data collected from rain gages throughout the City and at Miami International Airport " Design storms as defined by SFWMD and other methodologies (i.e. FOOT) " South Florida Water Management District (SFWMD) and City land use plans " Subsurface and geotechnical information obtained from the Natural Resources Conservation Service (NRCS) and projects under design by other consultants for the CIP Office " Mean high tide elevations at Virginia Key collected by the National Ocean Service (NOS) which is a branch of the National Oceanic and Atmospheric Administration (NOAA) " Miami-Dade County and privately sourced aerial mapping of the City • Light Detection and Ranging (LiDAR) data from SFWMD • LiDAR data from Miami-Dade County '" Models developed by other consultants for projects currently under construction or with construction completed for the City's CIP Office and the Florida Department of Transportation (FDOT) • Basis of Design Reports and design plans developed by other consultants for FOOT and projects currently under construction or with construction completed for the City's CIP Office " Construction record drawings for construction completed for the City's CIP Office • Survey data collected by the CDM Smith team's topographic surveyor, Hadonne KM3226ESdocx © 2012 CDM Smith All Rights Reserved 252 ES-2 Executive Summary ~ Stonnwater Management Master Plan " Neighborhood surveys developed by the City • Geographic Information System (GIS) coverages of the City, which are maintained by the City's Information Management System (IMS) CDM Smith used the United States Army Corps of Engineers (USACE) guidance document (Engineering Circular 1165-2-212: Sea-Level Consideration for Civil Works Programs) for incorporating the direct and indirect effects of projected future sea level change (SLC) across a projected 20-year project life cycle. The USACE guidance document presents an approach for planning studies and engineering design for evaluating a range of possible future rates of SLC, represented as three equation-based scenarios (or curves): low, intermediate and high. CDM Smith performed sensitivity analysis by evaluating the three scenarios to maximize the benefits of the recommendations under varied degrees of potential future SLC. Evaluation of LOS performance and adaptability of the SWMMP-recommended system are based on the intermediate scenario (curve), which based on the 20-year life cycle is projected to have a tidal mean high water condition of approximately 0.67 ft. NAVD. However, adjustment calculations have been performed for the high projections (0.84 ft. NAVD) in the instance that SLC accelerates (figure 1). This SLC sensitivity analysis included a variety of mean high tide elevation predictions over the next 20 years in combination with SFWMD defined design storm events. As a complement to the engineering evaluation, CDM Smith utilized the Federal Emergency Management Agency's (FEMA) Hazards United States (HAZUS) tool designed to estimate hazard- induced losses for use by federal, state, regional and local governments, and private enterprises in planning for risk mitigation, emergency preparedness, response and recovery. using a standard FEMA tool, the City will benefit in the coordination of future activities related to flood proofing, grant assistance, and management of repetitive loss properties. The analysis, which was performed for South Beach, incorporated existing elevations, structure and land use data along with information from the detailed flood model (SWMM). The HAZUS model generates an output that consists of a damage amount in dollars that is based on the percentage of total value loss a structure incurs during a flood event, like the statistically calculated once-in-S-year storm (5.9 inches of rainfall in 24 hours). level of The primary purposes of LOS criteria are to protect public safety and property. Program goals are to maintain passable roads for emergency and evacuation traffic during 5.9 inches of rainfall in 24 hours and to keep flood stages below the first floors of homes and buildings. The LOS criteria were first used to identify and define potential problem areas using the stormwater model developed for this study. The LOS criteria were then used to evaluate the effectiveness of contemplated improvements. LOS achievement decisions directly affected the size and cost of proposed improvement alternatives. Improvements and 1ons CDM Smith developed recommendations and proposed modifications to language included in the City's Public Works Manual, City ordinances, and policy documents. Implementation of these modifications should be coordinated with the various City Departments including Public Works, CIP, Planning, City Attorney, Finance, Budget and Performance Improvement, and the City Manager's Office. Recommendations were made based on the following major categories: .KM3226.ES.docK © 2012 CDM Smith All Rights Reserved ES-3 253 N CJ'I ~ USACE curves are based on the Circular EC 1165-2-212, 0.9 -~-USACE NRC Curve I 0.8 _ .... USACE NRC Curve llltntor~ @ ""dr»w USACE NRC Curve Ill 0.2 0.1 0 1980 !>:'M~nf>FSdno: © 2012 CDM Smith All Rights Reserved Key Tidal Data 1:1.16 NOM 1985 1990 1995 Armua!!zed "'w~'~'= NOM Data 2000 2005 Year Executive Summary " Stormwater Management Master Pl;m on October 1, 2011 and 2.013. 2010 2015 2020 2025 2030 Historic and Proiected Mean Water Levels at ES-4 Executive Summary " Stormwater Management Master Plan • Data Management • Stormwater Models and Future Condition Analysis In recognition of SLC, tidal conditions for future modeling efforts should utilize tidal boundary conditions as defined by the latest version of the SWMMP. This version of the SWMMP recommends a tidal boundary condition of 0.67 ft. NAVD. It is based on USACE guidance intermediate scenario projections for SLC based on a current day (Year 2009) mean high water elevation at 0.29 ft. NAVD and a projected Year 2030 mean high water elevation at 0.67 ft. NAVD (See Figure 1). " Stormwater Harvesting and Reuse " Sea-Level Rise Considerations The SWMMP recommends the City monitor SLC phenomena and possibly participate with local and regional climate change advisory committees regarding regional recommendations related to SLC. " Seawall Height Considerations In recognition of SLC and seasonal (Fall and Spring) annualized mean higher high tidal elevations of 1.6 ft. NAVD (Year 2009). The SWMMP recommends based on the USACE guidance intermediate scenario, the establishment of a minimum seawall height of 3.2 ft. NAVD, which provides greater than 50 years of sea wall protection against future mean higher high tidal elevations. " Pump Station O&M " Storage Facility Standards and O&M " Outfalls/Backflow Preventer Standards and O&M 11 Recharge Well Standards and O&M 11 Swales O&M • Exfiltration Trench O&M " 100-Year Floodplain Storage • Stormwater Design Standards 6 Proposed Improve ents and Proje rdination Evaluations were performed for project areas to determine the level of infrastructure improvements necessary to meet the LOS for the statistically calculated once-in-S-year storm LOS. A tiered Best Management Practice (BMP) treatment train approach was used to identify the most effective solutions for each project area and to identify opportunities for flood control, water quality, aquifer recharge, and stormwater harvesting and irrigation use. The tiered approaches were incrementally formulated from the simplest tier 1 (e.g., back flow preventers) through the most complex and costly tier 4 (e.g., underground storage), and bundled together to determine the economic feasibility of © 2012 CDM Smith All Rights Reserved 255 ES-5 Executive Summary " Stormwater Management Master Plan proposed infrastructure improvements. Due to the anticipated significant capital investment and stringent permitting to discharge into Biscayne Bay, the tiered approach should allow the City to proceed with specific elements of the BMP treatment train as economic conditions permit. This would allow for future addition of tiers to ultimately meet the full 5-year LOS while monitoring and adjusting to sea-level rise conditions. .7 Proj nking and m end 1ons The results of the flood damage analysis using the HAZUS tool showed that the existing topographic conditions in Miami Beach have significant potential economic losses associated with flood events, for both rainfall-induced and tidally-induced events with the implementation of a Capital Improvement Program (CIP). A prioritized stormwater CIP list based on the ongoing projects and problem areas identified in the SWMMP was developed. In addition, COM Smith provided recommendations regarding overall stormwater management needs to achieve better O&M, policies, and standards for existing and future conditions. Three project categories have been identified: " Out (Near-Term Implementation) Projects and Currently Scheduled CIP Projects; " Concurrency-Reviewed (Review of Projects Currently Under Final Design and Construction) CIP Projects; and " SWMMP-Identified Projects. COM Smith recommends approximately $196 million in capital improvements (based on 0.5 ft NAVO (low scenario) to 0.67 NAVO (intermediate scenario) mean high water tidal conditions) proposed for the City's primary stormwater management system. CDM Smith has incorporated an additional sea- level rise adjustment of approximately $10 million to account for the potential phenomena of accelerated sea-level rise (up to 0.84 ft NAVD mean high tidal conditions) (high scenario), and subsequent additional stormwater facility needs. COM Smith also reviewed O&M costs associated within these identified capital projects. Table ES-1 shows the locations, timeframes and capital costs of the proposed projects. KM3226.ESdocx © 2012 CDM Smith All Rights Reserved ES-6 256 Executive Summary ,. Stormwater Management Master Plan Table ES-1 City of Miami Beach Stormwater Management Master Plan Capital Costs (in Million $) •under design The CIP was also evaluated both technically (SLC) and financially (capital cost) based on a 30-year planning horizon. However, given the design life of the pumping components and CDM Smith's experience in the development of other SWMMP, it was concluded that a 20-year planning cycle was appropriate with continued monitoring of SLC in shorter time increments. The financial analysis of the City's Stormwater Utility shows that it will require additional funding to finance the construction of recommended CIP projects and to operate and maintain the system over the next 20 years. The submitted SWMMP provides comprehensive recommendations for improving the City's stormwater management system performance for the next 20 years. Appropriate consideration has been given to potential sea-level rise, water quality of Biscayne Bay, and O&M of an expanded system. The presented capital improvements allow the City's stormwater systems to be flexible and adaptable in meeting the increasing LOS performance targets and regulatory demands. Specific objectives were defined through the initial project meetings, including the following; the means by which the SWMMP addresses them are also noted. • Objective Number 1: Quantify and improve flood control LOS based on a 20-year capital improvement program; SWMMP Solution: A comprehensive 20-year CIP was developed quantifying improvements to flood control LOS with flexibility to adapt to varying degrees of SLC; • Objective Number 2: Quantify economic impact of flooding; SWMMP Solution: HAZUS evaluation documents the economic impact of flooding on the region of the City that generates the majority of the City's tourism revenue. The $196 © 2012 CDM Smith All Rights Reserved 257 ES-7 Executive Summary " Storrnwater Management Master Plan million CIP quantifies the economic requirements to meet LOS. Increasing the CIP to $206 million provides a financial adjustment to accommodate higher SLC projections; • Objective Number 3: Facilitate and prioritize O&M; SWMMP Solution: Refinements and expansion of current O&M practices have been evaluated with a projected cost as part ofthe development of recommendations. These considerations are included in projected future funding of the City's Stormwater Utility; • Objective Number 4: Augment existing infrastructure for storage and treatment; SWMMP solution: The BMP Treatment train tiered solutions augment the existing infrastructure with storage and treatment solutions; • Objective Number 5: Coordinate and guide review of projects under current design/ construction and facilitate accelerated analysis of "early out" projects; SWMMP solution: Early out projects have been developed and concurrency reviews have been performed to guide the development of stormwater solutions under construction that are consistent with the SWMMP; • Objective Number 6: Identify stormwater harvesting-reuse and recharge well opportunities for conservation of fresh water; SWMMP solution: Tier 1 through Tier 4 BMP Treatment Train recommendations recharge the Biscayne Aquifer under the City while developing storage solutions that promote irrigation and reuse of treated stormwater; • Objective Number 7: Refine and recommend updates to the City's stormwater ordinances and assess sufficiency of the City's Stormwater Utility; SWMMP Solution: Recommendations to refine ordinances and policies including those related to SLC are proposed while identifying the long-term revenue sufficiency of the Stormwater Utility; • Objective Number 8: Provide recommendations for seawalls to mitigate the eflects of sea level increases over the 50 years; SWMMP Solution: Preliminary inspection and elevation standards for seawalls have been made with consideration of SLC, based on USACE guidance documents. The presented SWMMP addresses the objectives defined at the initiation of the project. The developed solutions are consistent with the project statement defined at the project kickoff meeting: "Proposed solutions are needed that are accurate, timely, effective, and defensible." © 2012 CDM Smith All Rights Reserved 258 ES-8 N CJ'I <0 In 1997, The Stormwater Plan. Old Plan determined needs by: • Water quality • Flooding potential • Citizen complaints • City staff ranking New Plan dotcrmines needs by: •Data collection New Draft Stormwater Management MasterPlan • Accounts for sea level rise • Makes recommendations for 20·year capital improvements • Provides flexibility for various rates of sea level rise • Provides drainage analysis using modeling GOING FORWARD Implement Stormwater System Improvements • Install backflow preventers at outfai!s • Construct new stormwater pump stations • Add pumps to gravity systems • Create storage for stormwater • Raise seawalls to mandatee heights Monitor change in sea level rise; Modify programmed stormwater improvements 10/31/2012 r:rJ N 0') 0 international ! nternational -'!YY;f!Li,;P!~§!iJJ.iiYJlem;s; consulting firm Waterfront Projects Over 20 Years as consulting firm in South Florida Project~ in Florida, Caribbean, and Central America Tim Is Director of Engineering for Coastal Systems With firm for over 12 years 20 Years ot Experience-coastal, civil, marine structural engineering Beach Management Projects-Miami-Dade Tidal Hydraulic Studies-Riscayne Bay and S. Stormwater Management Design-Miami Beach ASCE Florida Infrastructure Report Card Committee-Coastal Areas-2008 10/31/2012 Tidal Boundary Conditions-Coastal Systems International Introduction Role of Coastal Systems on COM Smith Team Review of Key Terms and Defnltions Drainage Outfall Design Criteria Reference Tide! Datums Historical Tidal Data Analysis Sea Levei Rise Trends Recommendations to COM Smith Team Subconsuitant to COM Smith -Coastal Engineering analysis Biscayne Bay and Effect on Drainage Tidal Data Analysis 2 N 0') ~ ., '"., . Tidal Boundary Cond:tions: B:SC.Avr-,1!;:: BAV Definitions included in workshop handouts Visit NOAA web site WW\¥Xdesandcurrents"noaa"gov Tidal Boundary Conditions-Design tidal elevation at Biscayne Bay for drainage outfall hydraulic analysis NOAA-National Oceanic and Atmospheric Administration NAVD-North American Vertical Datum of 1988-geodetic vertical datum Water-The average of all the over the National Tidal Datum Current Tidal Epoch -based on data from 1983-2001 e-r~cr Mi.A.!V!: e::;;A(:.:-DRAiNAGE SYST.::l'v'! water 10/31/2012 WaterNays are Tidal T:dal Boundar; Ccmdit!ons: 3 N 0') N NOAA Tide • The Florid;;; Department of Tid;;. Bebw CMfa!i the East Coast of Transportation ( FDOT, 2012) requires the use of MH\IV !or culvert drainage d.,;sign ~ le'h~·J ~ tf@Xt with water levei data 10/31/2012 Water [NAVD, It] -!,86 -US -2,88 Current Tidal Epoch-based on data from 1983-2001 4 N 0') w Q(J.] i '~ ~ "' -;; ~ !'J'i); 20()(.\ ;'\ltl:'. \'eur Trend from observed daia is 0.118 inches/year 2 ~ t (J w -3 (1 t:: t"'l4 ·~ 334 1''"'-' Y""!.!r Trend from observed data is 0.118 inches/year 10/31/2012 :<>~f) 50-year i 00-year 0.85 i .34 5 N 0') ~ 1BOO 1850 1900 1950 2000 2050 2100 Source: I PC, 2007 Minimum Condition Virginia Key. Criteria 0.36' NAVD for Soundarv annual water levels observed at from 1999 data. 25-Year Projection is 0.41' NAVD Iterative Analysis to evaluate practicality and cost-effectiveness of stormwater management system and design that accounts for these minimum and MHWievels Sea Level Trends: 0.65' to 1 .66' MHW Elevation in 50 Years (CSI Projection, 2011 and CCATF Recommendation, 2008) Shoreline Elevations should be Reviewed Michael F. Schmidt, P.f., BCEE Senior Vice President for CDM Smith \<Vater Resources Technicai Market leader with 27 years experience on +80 storrnwater programs across Fiorida Managed /directed +160 water resource management programs Jason A. Johnson, I'. E. Senior Project Manager Principal Water Resources Engineer 15 years of international and domestic water resources/ stormwater management experience 10/31/2012 6 N 0') CJ1 . ·>>"·''''·; :: : ~·::v~i'ii ;Efj;\, :; ~~j:~ii; Stermw~r·M:ast~t;Rian·Goals ~ ' ' ' '"" " ' "" '' y' ,, ', ' ' '/ ' " ,'"" ',,' Adaptability Level of Service • Keep beiow homes and • Keep roads passable for emergency traffic as Terms and Definitions • Design Storm • Boundary Condition • Level of Service • • Best Management Practice (flMP) • Backflow Preventer • Outfa!l • Well • Reuse • IPCC • USACE City of Miami Beach Stormwater Issues • Low and relativelv flat terrain • Limited pervious area -Existing development -New construction " Tdal constraints and backflow • High groundwatertable • Aging infrastructure in corrosive conditions 10/31/2012 7 N 0') 0') • Evaluate current tidal guidelines and requirements by other Government agencies: • USACE «> SFWfv1D • NOAA • FDEP <il USGS • FOOT • FEMA ~~ Miami~Dade Co\Jntv • Evaluate 20 year for sea level rise -Use local data, when possible (i.e. Virginia Key) -Sensitivity analysis to tidal and ra;nfall conditions -Adaptability to varied sea-level rise projections (i.e. LJSACE guidance document) C/ly#III/Jiirlii~~~.Mim«rl'lt!t ~:~'~·············· -~ " ' ""..:...;;' :..;__:_-~~:z.t Biscayne Po:nt North Shore North Shore (72~d Street) Nocrnandy is!e Upper L>Gorce Low<i:r LaGor::.e LaG.:m::e/Aili~on l~l.;;nJ Oceanfront Nautilus Sunset Islands 3 & 4 Fiarntngo+ SUBTOT.4L Adjustment for highest sea I eve! rise projection $11 $7 $10 $20 $12 $14 $9 $0 3 $4 $3 $106M $196iv1 S10M Ort<I!III/Jiirlii-~~~1'/M .·! l ~~ Histori~.ancfi~rc>Jecteti:M~anHi~~W~t~i~~l$;~,;:.':!.ii Virgioia Ke,y. ·• .•. ::,·-;! ·{~: .. '~i ·-@-NO.AAEvoch m;; U5.1K.F ~'-HV<:Co ,Jr,; b<~;<:tJ,_,,, tl,e Er.giPeer•ngC:r~ui,11 f'"bli~'l~d Nl Octab<:r-1 2011 cmd tY;:mu :>r:plr!'T'bl! lj<! ·;·,··;,," .. ".'-i" "·;.i .. /' :Oi'" ... ;;.;of:.;-,F.·•:·:·Y:'"·;:;·::" , '; ·; ,o; ·.·;. Tlered Be$.Management·P'rattk:e .. ~sMP:}Ttea~ef'.ltf;;: Trairt'ApprQach Prhvid~ .. 4~P~~ii~ . . ..... Lower Cost atr4/_i!oildr_..._,~~~ 10/31/2012 8 N 0') ....... 32 into separate slides. keep the full slide and then add the steps in subsequent slides N 0') 00 ri~r~9 BE!~M~ .. ·; . Train APfll"Q{lch':Pr . ' ; ' ' {-;"'; ,/ ~' ',' "' ,, '';'' ,, ;'' ', /~? /' n '' Runoff and load Generation Tiered Best Management P~ctib~ (BMP} Treatment. . ~ . Train Approach Provides Ad(iptabiiity (cont.) ... ·.· Additional Treatment, Attenuation, &. Rechargl:'! Q~yl!f~~~~.I(;,:IJ;iJ~J·l/ Tiered BestManagentent. P~ctic~ {BMP} Tr~atro~nt. Train Approach Provides Adaptability (cont.} .. •·. • Tiered Best Managemen~Practi~e (s~P)Treatment . Train Approach Provides Adaptability {cont.) .. 1 Final Treatment, Attenuation, &Reuse .ctt¥"1'--~-~~~ r 1 ~..~:11'1!11 2 9 N 0') <0 Tiered Best Management Pr~ctice;(~MP)Treatment ·. Train Approach Provides Adaptability (cont.) ··Outfall atvct--$-~Mi>lt«l'l{m ~~=~M-atygf-III<Dth~IO<~Mt;stn~ Rec::omm~JJqatt~1:ff'()~d· P'ReiaeJa:i~;:;· · Sea~level Ri~e • Monitor and participate in future regional recommendations related to sea level rise • Follow USI\CE Civil Works and FEMI\ and in planning • Monitor pending IPCC recommendations regarding sea-level rise that are scheduled to be released to the oublic within the next three years • Review Udal data every five years and adapt the SWMP as appropriate Clty;;f-s-Jt~r-l'IM. 10/31/2012 10 N ....... 0 As 8 resuH. the Committee airected staff to have a publ;c discussion on sea level rise and to return with the resuits This SWMMP Sea Level Rise Modify storrnwater system as sea !eve! rises • instai! backfiow preventers at outlai!s • construct new stormwater pump stations • add pumps to gravity systems ~~ r.reB.te storage for stormwater • raise seawails to mandated heights Monitor change in sea level and refine luture adaptation strategies Re-prioritize ;nlrastructure requirements lt\ "!!!!!' 1 0/31/20'1 2 ;J::l rt" rt" Ill 0 ::r a ro ~ rt" n • I COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving the issuance of new Police and Parking Towing Permits to Beach Towing Services, Inc. and Tremont Towing Services, Inc. with said permits having a three (3) year term, commencing, on December 1, 2012, and ending on November 30, 2015; Further approving Amendment No. 2 to the Administrative Rules and Regulations for Police and Parking Towing Permits all as presented at the January 19, 2012 Finance and Citywide Projects Committee meeting. Key Intended Outcome Supported: Increase community satisfaction with City Services. Supporting Data (Surveys, Environmental Scan, etc.): 7 4% of residents and 72% of businesses rate the availability of parking across the City as too little or much too little. Availability of parking was one of the changes residents identified to make Miami Beach a better to live, work or play. Issue: Shall the Mayor and City Commission approve the items discussed at the Finance and Citywide Projects Committee on January 19, 2012, including, issuance of new towing permits for a three (3) term; increases to the maximum allowable towing rates; and amendments to the Administrative Rules and Regulations of the Police and Parking Departments Towing Permits? Item Summary/Recommendation: On October 24, 2012, the Mayor and Commission granted a request by the Permittees to defer Item No. R7P, regarding Towing Permits, to the November 14, 2012, City Commission meeting. The City's Towing Permits, and related issues, have been the subject of extensive discussions before the Finance and Citywide Projects Committee (FCWPC) and Mayor and Commission. Most recently, an update on the towing permit issue was brought before the City Commission on September 12, 2012; at that time, the Mayor and Commission rescinded their February 8, 2012 (and June 6, 2012), deferral of the towing permit renewals to a joint meeting of the FCWPC and Neighborhoods and Community Affairs Committee (NCAC). The Mayor and Commission then directed the Administration to place the towing permit renewal item on the October 24, 2012, City Commission agenda for final review and consideration by the Mayor and Commission. During the discussion, Mayor Bower requested the Administration provide the FCWPC actions regarding the towing permits. Pursuant to this request, Letter to Commission (LTC) No. 266-2012 was issued on October 16, 2012, providing the actions of the FCWPC from their December 27, 2011, and January 19, 2012, meetings, respectively. The Administrative Rules and Regulations for Police and Parking Towing Permits will be amended pursuant to the direction provided by the Mayor and Commission. Administration Recommendation: The Administration concurs with all ofthe items discussed atthe January 19, 2012, Finance and Citywide Projects Committee meeting, except for Item No. 7, "Maximum Allowable Towing Rates". While it has been demonstrated that there have been legitimate increases in expenses related to the towing permit, the Administration is not able to recommend a rate increase based on data specific to the permitee. Advise Board Recommendation: n January 19, 2012, the Finance and Citywide Projects Committee (FCWPC) approved a to forward the towin ermit issues to the full Cit Commission for their consideration. Financial Information: Source of Amount Funds: 1 2 3 4 OBPI Total Financial Impact Summary: ment Director PD T:\AGENOA\2012\Nov1420121TowlngPerm11Nov142012.sum.doc MIAMI BEACH ity Manager 271 Account AGENDA ITEM R1 D DATE ll-14-l '2... MlAMIBEACI: 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 / Kathie G. Brooks, Interim City Manager/efo November 14, 2012 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ISSUANCE OF NEW POLICE AND PARKING TOWING PERMITS TO BEACH TOWING SERVICES, INC. AND TREMONT TOWING SERVICES, INC., WITH SAID PERMITS HAVING A THREE (3) YEAR TERM, COMMENCING ON DECEMBER 1, 2012, AND ENDING ON NOVEMBER 30, 2015; FURTHER APPROVING AMENDMENT NO.2 TO THE ADMINISTRATIVE RULES AND REGULATIONS FOR POLICE AND PARKING TOWING PERMITS ALL AS PRESENTED AT THE JANUARY FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING. ADMINISTRATION RECOMMENDATION The Administration concurs with all of the items (Item No. 1-6 on pages 3-4) discussed at the January 19, 2012, Finance and Citywide Projects Committee meeting, except for Item No. 7, "Maximum Allowable Towing Rates". While it has been demonstrated that there have been legitimate increases in expenses related to the towing permit, the Administration is not able to recommend a rate increase based on data specific to the permitee. A recommendation is withheld until such time that additional information is provided to evaluate the proposed rate increases on a more analytical basis. An alternative solution is to allow for a "surcharge fee" for a limited period until the additional expense for the Enhancements and Technological Improvements are recuperated. The surcharge could be developed by estimating the aforementioned additional expenses divided by the number of annual tows for a "Per Tow Surcharge". The Administrative Rules and Regulations for Police and Parking Towing Permits will be amended pursuant to the direction provided by the Mayor and Commission. BACKGROUND On October 24, 2012, the Mayor and Commission granted a request by the Permittees to defer Item No. R7P, regarding Towing Permits, to the November 14, 2012, City Commission meeting. The City's Police and Parking Departments Public Towing Permits, and related issues, have been the subject of extensive discussions before the Finance and Citywide Projects Committee (FCWPC) and Mayor and Commission. Most recently, an update on the towing permit issue was brought before the City Commission on September 12, 2012; at that time, the Mayor and Commission rescinded their February 8, 2012 (and June 6, 2012), referral of the towing permit renewals to a joint meeting of the Finance and Citywide Projects Committee (FCWPC) and Neighborhoods and Community Affairs Committee (NCAC). The Mayor and Commission then directed the Administration to place the towing permit renewal item on the October 24, 2012, City Commission agenda for final review and consideration by 272 Towing Permits November 14, 2012 Page 2 of7 the Mayor and Commission. During the discussion, Mayor Bower requested the Administration provide the FCWPC actions regarding the towing permits. Pursuant to this request, Letter to Commission (LTC) No. 266-2012 ( see Exhibit "A") was issued on October 16, 2012, providing the actions of the FCWPC from their December 27, 2011, and January 19,2012, meetings, respectively. The following is the Action taken on January 19, 2012, at the Finance and Citywide Projects Committee, Item No. 3, "Discussion Regarding Towing Permits". The Committee approved a motion to forward the towing permit issue to the full City Commission for their consideration. Item No. 3. -Discussion Regarding Towing Permits -ACTION The Committee recommended that: • The auditing and inspection provisions resemble the provisions in the Boucher Brothers contract. • Option 1 for resident discounts be put into the contract. • Review the towing software and in-vehicle camera enhancements in one year. • Administration to continue to negotiate with the Permittees regarding the number of hours a vehicle is stored at no charge to the customer. • The item be brought to the full Commission The Committee asked that the Permittees explain why credit cards and personal checks are not accepted when the item is brought to the full Commission and that a discussion regarding the City's towing policy be had. Assistant City Manager Jorge Gomez presented and gave a brief history of the item. The Committee discussed the auditing and inspection provisions for the towing permittees. Commissioner Jorge Exposito asked if the City has the legal ability, other than what is granted to the City by contract, to determine the profitability of a company or the ability to set a standard of profit. Chief Deputy City Attorney Raul Aguila stated that the City did not have the ability to determine profitability. Discussion ensued. The Committee recommended that auditing and inspection provisions resemble the provisions in the Boucher Brothers contract and that option 1 for resident discounts be implemented. The Committee discussed the requirements for retrieving a towed vehicle. Chairperson Deede Weithorn suggested that a revision provision be included in the contract to ensure that the permittees are making progress in regards to implementing the enhancements required by the contract. Ralph Andrade asked why GPS tracking devices were being required. Parking Director Saul Frances stated that the tracking would be used for vehicles that are providing city services and the tracking software will address issues with accountability and show the proximity of the tow truck to vehicle which is to be towed. Mr. Frances also added that city vehicles are equipped with GPS tracking devices. Commissioner Jerry Libbin stated that he was not in favor of moving forward with the renewal of towing permits before an audit was performed. Ralph Andrade, attorney for Beach Towing, gave a power point presentation regarding increasing the towing rates. City Manager Jorge Gonzalez asked Mr. Andrade of the jurisdictions shown as comparables, how many, if any, have towing as a regulated industry with a limited number of operators. Mr. Andrade stated that he was unsure if any were regulated like the City is. Mr. Gonzalez stated that the way industry was regulated would affect the pricing, more towing companies would yield more competitive rates. Chairperson Weithorn opened the floor to public comment which included suggestions on revising the 273 Towing Permits November 14, 2012 Page 3 of? towing bill of rights to better protect the vehicle owner, raising fees not by a percentage but rather a flat fee, and support for auditing provisions. The Committee asked that the Permittees explain why credit cards and personal checks are not accepted when the item is brought to the full Commission. The Committee recommended that: • The auditing and inspection provisions resemble the provisions in the Boucher Brothers contract. • Option 1 for resident discounts be put into the contract. • Review the towing software and in-vehicle camera enhancements in one year. • The item is to be brought to the full Commission. CURRENT STATUS OF TOWING PERMITS Currently, the towing permits are on a month-to-month extension with Beach Towing and Tremont Towing, respectively, expiring on December 31, 2012. The Permittees are each seeking a new towing permit for a three (3) year term. FINANCE AND CITYWIDE PROJECT COMMITTEE ACTIONS: The FCWPC reviewed and approved a motion to forward the following items to the full City Commission for their consideration. 1. Towing Permit Renewals Currently, the towing permits are on a month-to-month extension and expire on December 31, 2012. The Permittees are seeking the issuance of new towing permits for a three (3) year term. 2. Enhancements a. Uniforms -Permittees to provide all employees with uniforms, which shall be approved by the City Manager or his designee. b. Employee Drug Screening -Permittee to perform drug test screening on all employees, and provide pass/fail results to the City Manager or his designee, upon request. c. Driver's License Screening -Permittee to perform driver's license screening on all employees with driving responsibilities. d. Reduce the storage requirement within the City limits, from seven (7) days to one (1) day. 3. Technological Improvements a. Before the end of the first Permit year, Permittees shall have procured, installed, and implemented Global Positioning System (GPS) tracking devices on all vehicles. Any such GPS tracking devices must be accessible to the City for monitoring purposes. b. At the end of the first Permit year, and provided that Permittees have complied with the GPS requirement, the City Commission shall review and, following such review, may elect, in its sole and reasonable discretion, to require Permittees install the following additional technological upgrades; one (1) each during the second and third Permit years, respectively: a) towing software and in-vehicle cameras (to monitor and record tows in real time). 274 Towing Permits November 14, 2012 Page 4 of7 4. City of Miami Beach Resident Discounts for Public Tows a. Permittees to provide a twenty percent (20%) discount to City residents for public tows. b. Discounts may be applied two (2) times per Permit year, per resident, per Permittee; resulting in a total up to four (4) resident discounts annually. c. The discount benefit shall "reset" each Permit year, for as long as the Permit is in effect. d. The 20% discount shall also apply to the City's fee. 5. Stronger Audit Rights a. In order to clarify and strengthen the City's existing audit rights, as set forth in the Administrative Rules and Regulations for Police and Parking Department Towing Permits, Permittees shall meet with City staff including, without limitation, the Chief Financial Officer and City auditor, to develop and implement systems, procedures, and controls for the City's financial audits of Permittees' operations pursuant to the Permit (i.e. for public tows only). 6. Dismissal of Existing Lawsuits Dismissal, with prejudice of certain litigation initiated against the City by Permittee Beach Towing Services, Inc.: a. Beach Towing Services, Inc. v. The City of Miami Beach, Case No. 11-37364 CA 31, Eleventh Judicial Circuit, General Jurisdiction Division (complaint challenging the adoption of Ordinance No. 2008-3617 on robotic and mechanical parking); (The City Attorney's Office has confirmed this lawsuit is dismissed without prejudice (see Exhibit "B"). b. Beach Towing Services of Miami, Inc. v. The City of Miami Beach, Case No. 11-465 AP, Eleventh Judicial Circuit, Appellate Division (petition for writ of certiorari challenging the Board of Adjustment's opinion upholding the decisions of the Planning Director with respect to a towing garage in the 1-1 district); (The City Attorney's Office has confirmed this lawsuit is dismissed with prejudice (see Exhibit "B"). c. Beach Towing Services of Miami, Inc. v. The City of Miami Beach, Case No. 11-466 AP, Eleventh Judicial Circuit, Appellate Division (petition for writ of certiorari challenging the Board of Adjustment's opinion upholding the decisions of the Planning Director with respect to a towing garage in the 1-1 district. (The City Attorney's Office has confirmed this lawsuit is dismissed with prejudice (see Exhibit "B"). 7. Maximum Allowable Rate Increases The Administration met with both Permittees on various occasions and discussed the Permittees proposed increases to the maximum allowable towing rates. Additionally, there have been a number of telephone discussions seeking ways to come to consensus on a methodology, such that the Administration could have a more analytical basis to evaluate the proposed rate changes. The Permittees have cited the fact that the current towing rates have neither been increased nor adjusted for CPI (Consumer Price Index) since 2005. It is important to note that adjustments for CPI are typically not applied cumulatively in order to "catch up". However, the 275 Towing Permits November 14, 2012 Page 5 of7 Permittees did substantiate increases in operational costs related to the towing industry, including: • Property taxes on Miami Beach are higher than other towing agencies pay in other areas of the County and have increased over time (see Exhibit "C" Miami-Dade County Property Tax Notice). • Fuel prices have substantially increased (see Exhibit "D" U.S. Department of Energy) from 2005 to the present. • Labor expenses have also increased over the same period (see Exhibit "E" U.S. Department of Labor Statistics). Subsequent to the October 24, 2012, City Commission meeting, the Permittees provided the following additional information regarding increased operational costs to the towing industry: • Legal fees increased over the same period (see Exhibit "K", Quarterly Census of Employment and Wages). • Certified Public Accounting fees increased over the same period (see Exhibit "L", Quarterly Census of Employment and Wages). • Business Tax Receipt (BTR) increased over the same period (see Exhibit "M", City of Miami Beach Business Tax Receipt). While it is evident that there have been legitimate increases in operational expenses related to the towing industry, the Administration has not been able to ascertain the specific impact to the Permittees' operational expenses related to the City's Towing Permit. It should also be noted that the Permittees were willing to escalate the implementation of some technology enhancements including GPS tracking devices, towing software and possibly in-vehicle cameras, had we been able to reach consensus on the amount of the proposed rate increases. The following is the Permittees proposed increases to the Maximum Allowable Towing Rates: a. Outside-Exterior Storage: (b) Any vehicle less than 20 feet in length and 8 feet in width $25.00 $ 30.00 effective in the first Permit year $ 36.00 effective in the third Permit year b. Tow Rate Class "A" Tow Truck and Class "A" Car Carrier, including: First 30 minutes at scene $115.00 $140.00, effective in the first Permit year $150.00, effective in the second Permit year $155.00, effective in the third Permit year c. Special and additional charges Mileage charges (per mile): $--&.-00 $ 6.00. effective in the first Permit year $ 7.00, effective in the third Permit year Maximum per tow: $35.00 $42.00, effective in the first Permit year $49.00, effective in the third Permit year 276 Towing Permits November 14, 2012 Page 6 of? d. Administrative fee: $30.00 $35.00 maximum per tow. effective, in the first Permit year $41.00 maximum per tow. effective, in the second Permit year $44.00 maximum per tow. effective, in the third Permit year e. Dollies or Flatbed Services (per job): $35.00 $40.00, effective in the first Permit year $47.00, effective in the seconf Permit year $50.00, effective in the third Permit year f. Labor to Engage Tow: $25.00 $30.00. effective in the first Permit year $32.00. effective in the second Permit year $33.00, effective in the third Permit year g. Permittees shall pay to the City a monthly Permit fee for each vehicle towed, in the amount of: $25.00 $30.00, effective in the first Permit year; $35.00, effective in the second Permit year; $40.00, effective in the third Permit year The monthly Permit fee shall be reduced by twenty percent (20%) percent for each vehicle towed that receives a resident discount of twenty (20%) percent. g. After Hours Fee: An After Hours Fee may be assessed for tows retrieved between the hours of 8:00 PM and 8:00AM. $30.00 ALTERNATE TOWED VEHICLE STORAGE FACILITIES Commissioner Tobin requested an update regarding the potential relocation of towed vehicle storage facilities from their current location in the Sunset Harbor neighborhood to Terminal Island. As previously discussed, the only two industrially zoned areas within the city limits are Sunset Harbor and Terminal Island. Therefore, an industrial use such as towing must reside in one these areas with a third option being outside of the city limits; which may be a long term solution. Currently, storage outside of the city limits is permitted after a vehicle is stored within the city limits for seven (7) days. One of the suggested enhancements (see No. 2d on page 3 of 7) is to reduce the seven (7) day requirement to one (1) day. This would enhance storage capacity. On a broader scale, if the City Commission wishes to pursue the relocation of all towed vehicle storage to outside of the city limits, this option would require a competitive process through a "Call for Applications" pursuant to the City Code. One of the biggest challenges with storage outside of the city limits is the delivery of the vehicle from the storage facility to the customer. This process would necessitate development of evaluation criteria and would require further review and analysis. Moving the towing storage facilities from Sunset Harbor (see Exhibit "F") to Terminal Island (see Exhibit "G" and "H") may be feasible. The following are some other challenges that would also need to be addressed: 277 Towing Permits November 14, 2012 Page 7 of? • The adjacent residential neighborhoods, namely the residents of Star/Palm/Hibiscus islands are opposed to having a towed vehicle storage facility at Terminal Isle. The HOA has provided written correspondence to this effect. • Impact on the daily operation of the City's Fleet Management and the Sanitation Department located at Terminal Island due to the constrained layout. • Accommodation of the displaced parking areas that the new towed vehicle storage facility would occupy. • Partnering with adjacent property owners would be required in order to explore opportunities that would improve the City's operations and proceed with any of the alternative traffic improvements that physically modify the circulation on the island. These were analyzed in the Traffic Impact Study and various alternatives were identified. • Currently the intersection of Terminal Island and McArthur Causeway has a complex geometry and inefficient signal operation. With three independent approaches at Terminal Island at this intersection, multiple signal phases are needed. These were analyzed in the Traffic Impact Study and various alternatives were identified. • Potential delay in towing service delivery at times when traffic congestion peaks on the causeway. • Challenges related to continued reduction of industrial space in the City will need to be addressed for future needs. Lastly, the Mayor suggested that the Administration review a "turnaround service road" (see Exhibit "I") similar to the existing one on Watson Island which provides access under the bridge at the west end of the causeway. In theory, this suggested roadway could potentially provide access under the east bridge; however, there are also various challenges to overcome, including: project costs; potential opposition from neighboring residents; and challenges with environmental conditions and permitting, including limitation of space, requiring any traffic loop to be over water and triggering permitting through the appropriate agencies. Should the City Commission wish to explore this option over the next few years, the City would need to engage a consultant. CONCLUSION The Administration concurs with all of the items (Item No. 1-6 on pages 3-4) discussed at the January 19, 2012, Finance and Citywide Projects Committee meeting, except for Item No.7, "Maximum Allowable Towing Rates". While it has been demonstrated that there have been legitimate increases in expenses related to the towing permit, the Administration is not able to recommend a rate increase based on data specific to the permitee. A recommendation is withheld until such time that additional information is provided to evaluate the proposed rate increases on a more analytical basis. An alternative solution is to allow for a "surcharge fee" for a limited period until the additional expense for the Enhancements and Technological Improvements are recuperated. The surcharge could be developed by estimating the aforementioned additional expenses divided by the number of annual tows for a "Per Tow Surcharge". The Administrative Rules and Regulations for Police and Parking Towing Permits will be amended pursuant to the direction provided by the Mayor and Commission. Attachments KGB/PDW/JGG/SF T:\AGENDA\2012\1 0-24-12\TowingPermit0ctober242012 cme.doc 278 RESOLUTION NO.------- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ISSUANCE OF NEW POLICE AND PARKING TOWING PERMITS TO BEACH TOWING SERVICES, INC. AND TREMONT TOWING SERVICES, INC., WITH SAID PERMITS HAVING A THREE (3) YEAR TERM, COMMENCING ON DECEMBER 1, 2012, AND ENDING ON NOVEMBER 30, 2015; AND FURTHER APPROVING AMENDMENT NO.2 TO THE ADMINISTRATIVE RULES AND REGULATIONS FOR POLICE AND PARKING TOWING PERMITS. WHEREAS, Chapter 106, Article V, Division 2 of the Miami Beach City Code, provides for the issuance by the City Commission of towing permits, for the towing of vehicles identified by the City as requiring removal from the public way (the police and parking towing permits); and WHEREAS, on January 11, 2006, the Mayor and City Commission approved Resolution No. 2006-26100, issuing police and parking towing permits to Beach Towing Services, Inc., and Tremont Towing Services, Inc. (Permittees); and WHEREAS, the term of the Permittees' permits expired on August 31, 2011 and, since then, said permits have been on a month to month term, with an outside expiration date of December 31, 2012; and WHEREAS, the Permittees have been meeting with the City Administration with regard to the City's issuance of new three (3) year police and parking towing permits to the Permittees, as well as to negotiate certain amendments to the City's Administrative Rules and Regulations for Police and Parking Towing Permits (the Rules and Regulations), which amendments include certain rate increases requested by the Permittees to the City's maximum allowable towing rates (collectively, the discussions pertaining to the new towing permits and the proposed amendments to the Rules and Regulations, including Permittees' requested rate increases, are hereinafter referred to as the "towing issues"); and WHEREAS, the towing issues were discussed at the December 27, 2011 and January 19, 2012, Finance and Citywide Projects Committee (FCWPC) meetings; the FCWPC recommended that the towing issues be referred to the full City Commission for its consideration; and WHEREAS, the Administration provided the City Commission with an update on the towing issues (including its ongoing discussions with the Permittees regarding same), at the June 6, 2012 City Commission meeting; at that time, the Mayor and City Commission extended the Permittees' police and parking towing permits (which were set to expire on 8/31/2011) on a month to month basis, with an outside expiration date of December 31, 2012, and referred the towing issues to a joint meeting of the FCWPC and Neighborhoods and Community Affairs (NCAC) to be scheduled at a later date; and WHEREAS, on September 12, 2012, the Mayor and Commission rescinded its prior referral (of the towing issues) to the joint FCWPC/NCAC meeting, and instead directed the Administration to place an item on the October 24, 2012 City Commission meeting agenda for discussion of the towing issues by the City Commission; and WHEREAS, on October 24, 2012, a request by the Permittees to defer Item No. R7P, regarding Towing Permits, to the November 14, 2012, City Commission Meeting, was approved by the Mayor and Commission; and 279 WHEREAS, in the City Commission Memorandum accompanying this Resolution, the City Administration has provided a summary of the towing issues which were (most recently) discussed at the FCWPC on January 19, 2012 (see Item Nos. 1-7 on pp. 3 and 4 of the 10/24/12 City Commission Memorandum for Agenda Item R7P); and WHEREAS, the City Administration concurs with, and recommends that the City Commission approve Item Nos. 1-6; which items are summarized as follows (and also set forth, in full, in the 10/24/12 City Commission Memorandum for Agenda item R7P). Item 1 - Item 2 - Item 3 - Item 4 - Item 5 - Item 6 - renewal of the Permittees' police and parking towing permits, with issuance of new permits for a three (3) year term; approval of certain "enhancements" required of Permittees, such as employee uniforms, employee drug screening, driver's license screening, and reduction of the storage requirement within the City limits; technological improvements; establishment of a City of Miami Beach "resident discount" for public tows; stronger City audit rights for police and parking tows; dismissal of existing lawsuits filed by Beach Towing against the City; and WHEREAS, Item No. 6, the dismissal of certain litigation instituted against the City by Beach Towing Services, Inc., has already occurred; and WHEREAS, the City Administration is unable to make a recommendation as to Item No. 7 (pertaining to the Permittees' request for an increase in certain Maximum Allowable Towing Rates), based upon the lack of data specific to Permittees' request; and WHEREAS, upon the City Commission's approval of the recommended Item Nos. 1-6 above, and Item No. 7, if approved, the City Administration will incorporate the approved Items into Amendment No. 2 to the Rules and Regulations. 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 the issuance of new police and parking towing permits to Beach Towing Services, Inc., and Tremont Towing Services, Inc., with said permits having a three (3) year term, commencing on December 1, 2012 and ending on November 30, 2015; and further approving Amendment No. 2 to the Administrative Rules and Regulations for Police and Parking Towing Permits. PASSED AND ADOPTED this ____ day of _____ _;, 2012 ATTEST: CITY CLERK T:\AGENDA \2012\Nov142012\TowingPermitNov142012. res.doc 280 MAYOR APPROVED AS TO FORM & LANGUAGE & FnA EXECUTION EXHIBIT A MIAMI BEACH OFFICE OF THE CITY MANAGER NO. LTC# 266-2012 LETIER TO COMMISSION TO: Mayor Matti Herrera Bower and FROM: Members of the City Commission / Kathie G. Brooks, lntenm City Manage~A /-- DATE: October 16, 2012 SUBJECT: TOWING PERMITS-FINANCE AND CITYWIDE PROJECTS COMMITTEE ACTION On September 12, 2012, Commissioner Wolfson placed a discussion item on the agenda (Item No. R9F) requesting an update on the status of the Police and Parking Department Towing Permits. The Mayor and Commission discussed the Item and directed the Administration to place the Towing Permit issue on the agenda for the October 24, 2012, City Commission meeting in order to have a final discussion and vote on the matter. Mayor Bower requested the Administration to provide the results of the towing permit item when it was last considered by the Finance and Citywide Projects Committee (FCWPC). The following are the related documents (see attachments) and the links to the files containing the audio recordings of the meeting are also provided below. • Towing Permits -January 19, 2012, Finance and Citywide Projects Committee, Item No. 3. Link: http://web.miamibeachfl.gov/cityclerl</scroiLt:1SPx?id=68854 • Towing Permits -December 27, 2012, Finance and Citywide Projects Committee, Item No. 2. Link: http://web.miamibeachfl.gov£cityclerk/scroll.aspx?id=68659 Please let me know if you should need any further information. C: Patricia D. Walker, Chief Financial Officer ('"") 1'...:1 .,_., Jorge Gomez, Assistant City Manager ~ Max Sklar, Acting Assistant City Manager 0 Raymond Martinez, Police Chief (;J) Saul Frances, Parking Director (/) KGB/PDW/SF ~:? F:\ping\$ALL\SAUL\CMO\TowlngPermitsFCWPCMinutes.ltc.doc r-.--t 281 /'"t"'>l '' l :n ,";-j City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, viww.miamibeoi:hR.g~v ' , I COMMITIEE MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: City Manager Jorge M. Gonzalez DATE: March 21, 2012 SUBJECT: REPORT ·OF THE FINANCE AND CIT~IDE PROJECTS COMMITTEE MEETING OF January 19, 2012. OLD BUSINESS 1. Follow up: outstanding ACTION ' I Report on the number of Business Tax Receipts (BTRs) 1 I ' The ~ommittee requested quarterly !Jpdates be given via Letter to CoJilmission (LTC). I Georgina Echert, Assistant Director of the Finance Department, presented the item. The City began sending out the Fiscal Year (FY) 2012 renewal notices in early July of 2011. As of January 13, 2012, the following is a summarry on the status FY 2012 BTR ' renewals: 1 • 7,801 renewal notices were mailed out; • 1, 624 renewal notices remain unpaid; and • 1,879 renewals have been paid, but remain in pending status. A list of business entities that have not renewed their BTR has been sent to Code ' Compliance·for follow-up action. Ms. Echert also stat~d that a follow up notice has been 1 sent to remind. busin~sses that have not ·renewed their BTR. Commissioner J~rry Libbin . asked how this compares to previous years. Ms. Echert stated that the compliance level w(ls approximately 65-70% last year, as compared tq 80% this year. The Committee requested quarterly updates be given via Letter to Commission (LTC). ! 2. Discussion regarding amendments to the Recycl.ing Ordinance ' :·ACTION Item Deferred 3. Discussion regarding towing permits 282 ACTION The Committee recommended that: • the auditing and Inspection provisions resemble the provisions in the Boucher Brothers contract • option 1 for resident discounts be put into the contract • review the towing software and in-vehicle camera enhancements in one year • Administration continue to negotiate with the Permittees regarding the number of hours a vehicle is stored at no charge to the customer • the item be brought to the full Commission The Committee asked that the Permittees explain why credit cards and personal checks are not acceptet! when the item is brought to the full Commission and that a discussion regarding the City's towing policy be had. Assistant City Manager Jorge Gomez presented and gave a brief history of the item. The Committee discussed the auditing and inspection provisions for t~e towing permittees. Commissioner Jorge Exposito asked if the City has the legal ability, other than what is granted to the City by contract, to determine the profitability of a company or the ability to set a standard of profit. Chief Deputy City Attorney Raul Agu,ila stated that the City did not have the ability to determine profitability. Discussion ensued. The Committee recommended that auditing and inspection provisions rese.mble the provisions in the Boucher Brothers contract and that option 1 for resident discounts be implemented. The Committee discussed the requirements for retrieving a towed vehicle. Chairperson Deede Weithorn suggested that a revision provision be included in the contract to ensure that the permittees ~re making progress in regards to implementing the enhancements required by the contract. Ralph Andrade asked why GPS tracking devices were being required·.· Parking Director Saul Frances stated that the tracking would be used for vehicles that are providing city services and the tracking software will address issu.es with accountability and show the proximity of the tow truck to vehicle which is to be towed. Mr. Frances also added that city vehicles are equipped with GPS tracking devices. Commissioner Jerry Libbin stated that he was not in favor of moving forward with the renewal of towing permits before an audit was pelformed. Ralph Andrade, attorney for Beach Towing, gave a power point presentation 'regarding increasing the towing rates. City Manager Jorge Gonzalez asked Mr. Andrade of the jurisdictions shown as com parables, how many, if any, have towing as a. regulated, industry with a limited number of operators. Mr. Andrade stated that he was. unsure if any were regulated like the City is. Mr. Gonzalez stated that the way ind!Jstry was regulated would affect the pricing, more towing companies would yield more competitive rates. Chairperson Weithorn opened the floor to public comment which' included suggestions on revising the towing bill of rights to better protect the vehicle owner, raising fees not by a percentage but rather a flat fee, and support for auditing provisions. The Committee asked that the Permittees explain why credit c~rds and personal checks are not accepted when the item is brought to the full Commission. The Committee recommended that: · • the auditing ·and inspection provisions resemble the provisions in the Boucher Brothers contract • option 1 for resident discounts be put into the contract • review the towing software and in-vehicle camera enhancements in one year. • Administration continue to negotiate with the Permittees regarding the 111umber of 283 hours a vehicle is stored at no charge to the customer • the item be brought to the full Commission 4. Discussion of a proposed modification of the Promissory Note dated February 5, 2007,-between MBCDC: Meridian Place, LLC, a Florida Limited Liability Corporation, to the Miami Beach Redevelopment Agency; and to discuss a subordination of the City's mortgages in favor of a mortgage made by a commercial lending institution i ACTION The c·ommittee recommended that the item be brought to the full Commil$sion and that the funding chart be. included as part of the memo. Real Estate, Housing, and Community Development Director Anna Parekh ~resented the item. A modification of the repayment terms in the Promissory Note dated Februar-Y 5, 2007, between MBCDC: Meridian Place, LLC, to the Miami Beach Redevelopment Agency was requested in order to facilitate the completion of Meridian Place, as well as to prevent jeopardizing $6,415,085 of additional public funds which have been awarded to th_is affordable housing project for formerly homeless elderly people. The repayment terms in the Promissory Note are not feasible because this affordable housing project cannot produce sufficient cash flow to cover annual principal payments in the ~mount of $150,000 to th'e RDA. The project rehabilitation is 70% complete, and therefore had no rental revenue cashflow to make the first $150,000 annual loan payment which was due in December 2011. Subsequent annual payments are due every December for the next ·nine years. In the event the RDA Promissory Note debt service is not modified, the ·· project cannot be completed and the other existing funding sources are in jeopardy. Each of the other funding sources entered into various governing docufTients with MBCDC and its predecessor to secure the use of funds and project execution.! While all the documents were prepared independently by each lender, all the loan documents share comr_non covenants which require.the delivery of a completed affordable housing project. Assistant City Manager Hilda Fernandez noted that neither the $2,864,642 of the City's HUD HOME and CDBG funds or the $1,379,395 of Miami-Dade County's Documentary Stamp Surtax Funds require repayment as long as the building is kept affordable even at the end of the affordability period. The Administration recommended that the RDA loan repayment terms be restructured to be consistent with other affordable housing grants (loans) from the City which defer the repayment of t~e funding as long as the project is kept "affordable" in accordance with HUD guidelines. This project's "affordability pei-iod" is currently thirty (30) years, commencing at the issuance of the Final Certificate of Completion. It was also recommended that at the expiration of the 30-year affordability period, that the City may be given the option to either 'call in the note, extend the affordability period (e.g. another thirty years), or otherwise modify the note. The Committee recommended that the item be brought to the full Commission and that the·funding chart. be included as part of the memo. REPORTS 5 .. Report on the status of FY 2010/11 potential new revenue initiatives 284 ACTION None Requ'ired The Committee did not discuss the item. NEW BUSINESS 6. Request for appro\fal to issue a Request for Qualifications (RFQ) for a fourth solid waste franchise contractor to provide commercial waste collections and disposal services ACTION The Committee recomm·ended that this item and the item regarding the Recycling Ordinance be brought back to the March 1, 2012 Finance & Citywide' Projects Committee Meeting. Public Works Director Fred Beckmann presented the item. At the Finance and Citywide Projects Committee Meeting of January 26, 2010, the Committee recommended that the City pursue the option of maintaining four (4) franchise haulers and to accept the services package presented combined with a five (5) year term. The Committee also recommended that a minimum of four (4) haulers be retained and in the event the number falls below four, the matter be brought to the attention of the City Commission. There are presently three waste collection and disposal services franchisees in the City of Miami Beach: Waste Managemer~t of. Dade County; Waste Services, Inc.; and Choice Environmental Services of Miami. In 2011, a previous fourth franchisee, General Hauling Services, Inc. was purchased by Waste Services.. The current waste collection and disposal services franchisees have petitioned the City. to maintain at three the number of haulers providing services within the City, It was recommended that the fourth hauler negotiations could provide the opportunity for the three remaining haulers to proffer additional resources for the educational and enforcement requirements of the new recycling ordinance. However, the re-written ordinance significantly reduces the resource requirements for enforcement and therefore does not present the same opportunities. The haulers have requested that -ir;1 e~change for agreeing to increase their current contribution to fund green initiatives form 1.5% to 2% (representing an annual revenue increase of approximately $100,000), and double their annual cash allocation for the purchase of recycling containers from (15) containers valued at approximately $18,000 to (30) containers valued at approximately $36,000, or current market value -they would like to keep only three haulers and exercise the three {3) year renewal option currently at the City's discretion in September 2014. Chairperson Deede Weithorn stated that she would like to delay discussing this item so that it could be discussed in conjunction with the item regarding the Recycling Ordinance. Mr. Beckmann stated that the proposed recycling ordinance is ready aside from the few details that needed to be confirmed with the County. Commissioner Jerry Libbin was also ·in favor of deferring the discussion. Commissioner Jonah Wolfson and Commissioner Jorge Exposito were in favor of issuing the RFQ. Discussion ensued. Public comment included support for both issuing the RFQ and support for keeping the number of wa~te haulers at three. The Committee recommended that this item and the item regarding the Recycling Ordinance be brought back to the March 1, 2011 Finance & Citywide Projects Committee Meeting. 285 7. D.iscussion concerning City Fees and Charges for Gay Pride 2012 ACTION Item Deferred 8. Discussion pertaining to the issuance of a Request for Proposals {RFP) for auditing services for the City's (CAFR), (OMB A-133 Single Audit), The Miami Beach Redevelopment Agency's basic financial statements (RDA), · ... (PSF), (VCA} financial statements, The Miami Beach Convention Center, as managed by Global Spectrum, financial statements, The Children's Trust Program, The Building Better Communities Bonds Program, and The Safe Neighborhood Parks and Bond Program {SNP) ACTION The Committee recommended moving forward with the issuance of a Request for Proposals (RFP) for auditing services. Georgina Echert, Assistant Director of the Finance Department, presented the item. The current auditors, McGiadrey and Pullen were selected in Request for Proposals (RFP) No. 23-05/06 and approved under Commission Resolution 2006-26247 to provide auditing services for a period of five (5) years with the sole option and discretion of the City to renew for five(5) additional one (1) year periods. The Committee recommended moving forward with the issuance of a Request .for Proposals (RFP) for auditing services. 9. Discussion regarding property assessed clean energy {PACE} program ACTION· Item Deferred 10. Discussion. pertaining to a retail lease agreement between the City and South Florida Salon Group, Inc., for use of approximately 1,327 square feet of City-owned property located at 1701 Meridian Avenue, Unit 1 {A/KIA 766 17TH Str«:et), Miami Beach, Florida ACTION The Committee recommended that the item be brought to the Commission with the best deal. · Assistant City Manager Hilda Fernandez presented the item. On November 16, 2011, Koniver Stern Group, the City's contracted real estate broker, presented the City with a Letter of Intent (LOt) on behalf of the South Florida Salon Group, Inc., (SFSG) for use of approximately 1,327 square feet of City-owned space located at 1701 Meridian Avenue, Unitt The New York-based investment group which is behind SFSG is proposing to introduce a relatively new and exciting concept taking hold in many retail markets throughout California, New York, Arizona, Texas, Atlanta and Miami in the form of a 286 blow-dry hair salon. As the name implies, the facility would offer an attractively affordable fixed-price menu of blow-dry hair styling options as well as manicuring services. In addition to SFSG, the City received inquiries about the availability of the space from the current adjacent tenant, operating as Massage Envy. This existing tenant wished to expand their current space as well as introduce certain services not currently included in their franchise agreement, which formed the basis of the lease for their current space. Further, the initial terms proposed were deemed not favorable to the City, while the prospective tenant submitted terms more favorable for the City's consideration. While the adjacent tenant has remained interested in the vacant retail space, and has since offered comparable terms, the City's broker advised staff that securing a diverse tenant mix would protect the City further, as compared to leasing out this space to the adjacent tenant and having one tenant control two of four retail spaces. SFSG is offering to pay $46 per square foot for the space. Based on current market conditions, the proposed rent is comparable and competitive. Lyle Stern of Koniver Stern Group stated that Massage Envy had very recently made an offer which exceeded the current $46 per square foot and suggested that more information be gathered before a final recommendation is made. The Committee recommended that the item be brought to the Commission with the best deal. 11. Discussion pertaining to a retail lease agreement with Groove Man Entertainment, Inc. involving Suites 1 through 4 in the Anchor Shops, located at 1550 Collins Avenue, Miami Beach, Florida ACTION The Committee r.ecommended moving forward and bringing the item to the full Commission. Assistant City Manager Hilda Fernandez presented the item and gave a brief synopsis of the memo. On January 11, 2012, Koniver Stern Group, the City's contracted real estate broker, presented the City with a Letter of Intent (LOI) on behalf of Groove Man Entertainment, Inc., (Grooveman Music) for Suites 1 through 4 in the Anchor Shops. Groove(Tian Music was founded by DJ/Producer George Acosta in the late 90's and has been doing business on Miami Beach from their current location at 1543 Washington Avenue since 2002, selling .DJ-related products, clothing and accessories, vinyls and CDs and advance ticketing to music events anywhere in the world. Grooveman is interested in moving its business to the Anchor Shops, which will not only allow them to expand their business, but also allow them to develop higher-end boutique market with new products and designers. Given current market conditions, the subject 2,884 square foot space has been challenging to fill and has been vacant since December 2010. Grooveman Music has proffered an offer of $31 per square foot, plus tax, to lea·se the space for an initial term of five (5) years plus a renewal term of four (4) years and 364 days at the City's option. The Committee recommended moving forward and bringing the item to the fl.lll Commission. 12 .. Discussion regarding PAL's refusal to hand over Public Records ·ACTION The Committee recommended that should the PAL not comply with the public records request to the satisfaction of the City Attorney's Office, a public hearing 287 be scheduled to·discuss what measures should be taken including termination of funding.· City Attorney Jose Smith presented the item and went on to introduce Donald Papy. Chief Deputy City. Attorney. Mr. Papy stated that he had spoken with the new counsel for the Police Athletic League (PAL), Israel Reyes, regarding the status of the Miami Herald's public records request to the PAL for records and that Mr. 'Reyes stated that they were cooperating with the Miami Herald and have asked for some additional time because he had recently become the new counsel for the PAL. Mr. Papy stated that Mr. Reyes conveyed· his intent to fully comply with the request. Chairperson Deede Weithorn asked Mr. Papy if he asked what the time frame was for Mr. Reyes to turn the records in. Mr. Papy stated that he did not ask but stated that Mr. Reyes had asked for an additional 30 days to respond to the request. Steve "Bubba" Cohen, former PAL board member, stated that his attorney had made the same request in 2009 of the PAL and that it took almost two years for the records to be turned over. Mr. Cohen also stated that the PAL was requested to respond to the 2005. City Audit but the. PAL has never responded to the audit. Mr. Cohen was also concerned that the Parks and Recreation Department, the Boys and Girls Club and the PAL are all il") Flamingo Park and all competing for a ·small pool of children. Chairperson Weithorn stated that if the PAL has not complied with the request by the time that the budget is being discussed, their funding could be cut. Commissioner Jonah Wolfson stated that he would also support not funding the PAL. The Committee recommended that should the PAL not comply with the public records request to the satisfaction of the City Attorney's Office, a public hearing ·be scheduled to discuss what measures should be taken including termination of funding. 288 MIAMI BEACH City of Miami Beoch, 1700 ConvenMon Center Drive, Miami Beac:h, Florida 33139, www.micmibecchR.gov COMMITTEE MEMORANDUM TO: FROM: Mayor Matti H. Bower and Members of the City Commission City Manager Jorge M. Gonzalez)'(' t5 DATE: January 19, 2012 U This shall serve as written notice that a meeting of the Finance and Citywide Projects Committee has been scheduled for January 19, 2012, at 3:00 P.M. in. ~he City Manager's Large Conference Room. The agenda is as follows: OLD BUSINESS 1. Follow up: Report on the number of Business Tax Receipts (BTRs), outstanding. (Apri/29, 2010 Commission Item C6E) Patricia Walker-Chief Financial Officer 2. Discussion regarding amendments to the Recycling Ordinance (July 13, 2011 Commission Item R5F) Fred Beckman-Public Works Director 3. Discussion regarding towing permits Jorge Gomez-Assistant City Manager 4. Discussion of a proposed modification of the Promissory Note dated February 5, 2007, between MBCDC: Meridian Place, LLC, a Florida Limited Liability Corporation, to the Miami Beach Redevelopment Agency; and to discuss a subordination of the City's mortgages in favor of a mortgage made by a commercial lending institution Anna Parekh-Director of Real Estate Housing and Community Development · REPORTS 5. Report on the status of FY 2010/11 potential new revenue initiatives Kathie Brooks-Budget & Performance Improvement Director 289 NEW BUSINESS 6. 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 (July 13,2011 Commission Item C2G) Fred Beckmann -Public Work~ Director 7. Discussion concerning City Fees and Charges for Gay Pride 201.2 (July 13, 2011 Commission Item C4G) Max Sklar-Cultural Arts & Tourism Development Director 8. Discussion pertaining to the issuance of a Request for Proposals (RFP) for auditing· services for the City's (CAFR), (OMB A-133 Single Audit), The Miami Beach Redevelopment Agency's basic financial statements (RDA), ... (PSF), (VCA) financial statements, The Miami Beach Convention Center, as managed by Global Spectrum, financial statements, The Children's Trust Program, The Building ·Better Communities Bonds Program, and The Safe Neighborhood Parks · and Bond Program (SNP) (September 14, 2011 Commission Item C71) . (October 19, 2011 Commission ltein C~D) Patricia Walker-Chief Financial Officer 9. Discussion regarding property assessed clean energy (PACE) ·program (October 19, 2011 Commission Item R9H) Fred Beckman -Public Works Director · 10. Discussion pertaining to a retail·lease agreement between the City and South Florida Salon Group, Inc., for use of approximately 1,327 square feet of City-owned property located at 1701 Meridian Avenue·, Unit 1 JAIKIA 76~ 1.71 H Str~et), Miami ~each, Florida · . Anna Parekh-Director of Real Estate Housing and Community Development 11. Discussion pertaining to a retail lease agreement with Groove Man Entertainment, Inc. involving Suites. 1 through 4 in the . Anchor Shops, located at 1550 Collins Avenue, Miami Beach, Florida Anna Parekh:_ Director of Real" Estate Housing and Community Development · · · 12.Discussion regarding PAL's refusal· to hand over Public Records (December 14, 2011 Commission Item R9W) Jose Smith-City Attorney 290 Finance and Citvwide Projects Committee Meetings for 2012: March 1, 2012 March 29, ?01_2 April19, 2012 May 17, 2012 June 21,2012 July 26, 2012 September 20, 2012 November 29, 2012 December 20, 2012 JMG/PDW/rs/th 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),. 305-673-7524 (fax) ·or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also calf 711 (Florida Relay Service). Cc. Mayor and Members of the City Commission Management Team 291 292 t . I ·.!'\!\ If\,/\ I ~ !=A I \ !h#. b. , OF.FICE OF THE CI1Y MANAGER H --,--c, TO: Finance and Citywide Projects Committee COMMITTEE MEMORANDUM FROM:. Jorge M. Gonzalez, City Manager ~r .JJIJ1 DATE: January 19, 2012 SUBJECT: DISCUSSION REGARDING POLICE TOWING PERMITS • FOLLOW-UP On December 27, 2011, the Finance and Citywide Projects Committee (FCPC) discussed the police towing permit issues at length. The FCPC directed the Adminis.tration to bring back the item to its meeting on January 19, 2012; continue negotiations with both Permittees (Beach Towing and Tremont); and perform further analysis regarding the following: (1) enhance the public benefit provisions; (2) confirm towing rates for comparable jurisdictions; (3) conduct a sensitivity analysis for the index applied in the towing rate analysis provided by the Permittees (CPI -Consumer Price Index); (4) enhance the existing audit and inspection provisions by developing agreed upon procedures; (5) dismissal of the pending lawsuits; and (6) return with the Tenninal·lsle discussion. The Administration has conducted the analyses directed by the Committee, and met with representatives of both Permittees on Friday, January 6, 2012, Tuesday, January 10, 2012 and Friday, January 13, 2012. The following reflects the results of those meetings: I. PUBLIC BENEFITS At the FCWPC meeting of December 27, 2011, the Permittees clarified that the proposed public benefit was a one time, 20% reduction for Miami Beach residents. The FCWPC did not feel that this ·was a significant benefit and they requested that other options be explored. The following two options were developed and agreed upon. by the Administration and Permittees. The Administration is seeking feedback and direction from the FCWPC: · A. Resident Discounts for Public Tows Option 1: • Twenty percent (20%) discount to Miami Beach residents for public tows only. • Discount may be applied two (2) times per year, per resident, per Permittee. This equates to four (4) benefits annually. The benefit resets each year; therefore, the resident receives the benefit annually for as long as the Permit is in effect. Permittee will track issuance of discounts to residents, annually. • Residents must provide proof of residency within the City limits, arid their driver's license information must match with the vehicle registration information. • 20% discount would also be applicable to the City's Fee. Option 2: • Twenty percent (20%) discount to Miami Beach residents for public tows only. • Discount may be applied three (3) times, per resident. This benefit does not reset each year; therefore, the resident receives this benefit three (3) times, from each Permittee, for a total of six (6) benefits .. Permittee will trac~ issuance of discounts to residents, annually. • Residents must provide proof of residency within the City limits, and their driver's license information must match with the vehicle registration information. • 20% discount would also be applicable to the City's Fee. 293 Discussion Regarding Towing Permits-Updated Finance & CitywldeProjectsCommittee Meetfng January 19, 2012 Page 2 of 10 B. Permittees agreed to develop a formal "internal review" process to address citizen complaints. This has not been developed as of the writing of this memo. II. MAXIMUM ALLOWABLE TOWING RATES -ANALYSIS· At the December 6, 2011, FCWPC Meeting, the Permittees jointly provided an analysis of the Maximum Allowable Towing Rates. The analysis alleges that the current towing rates are inadequate, since they have not been Increased since 2004. The analysis further alleges that a CPI (Consumer Price Index) of three percent (3%) be applied to certain towing rates (See attached Permittees' Analysis). The summary (Table 2) of the Permittees' Analysis was inserted into the chart below for comparative purposes. At the direction of the FCWPC on December 2ih, the Administration updated its own research of towing rates in comparable jurisdictions, and also received data 'from the Permittees regarding towing rates from comparable jurisdictions. The table below has been updated as per discussions with the Permittees; however, this analysis refle~ts a single tow under a specific set of assumptions. The Permittees believe that the analysis should reflect - the various types of tows that occur during time. For example, a significant percent of tows may occur during normal work hours and while not a majority, when included in a blended analysis it will reflect a different ATF. The Permittees will present a different analysis based on the above at the FCWPC meeting. ' Maximum Allowable Towing Rates in Florida-The Average Tow Fee (ATF) is comprised of: • Class "N Tow Fee • Administrative Fee • Mileage one (1) mile • Labor • After Hours Fee The Class<"A" Tow Fee and the add-on fees mentioned above are the "mode'.' value fees (value fees that occurs most often) for Miami Beach public tows. In other words, the majority of tows are comprised of these fees. 294 Discussion Regarding Towing Permits-Updated Finance & Citywlct_e Projects Committee Meeting Janu~ry 19, 2012 Page 3of10 Total Cities In Florida ATF"' Class A Bal Harbor $223.00 $115.00 Fort Lauderdale (4) $159.80 $100.00 Jacksonville $204.03 $106.02 Adm Fee $40.00 $30.00 $0.00 Key West $226.75 $135.00 ·$25.00 Miami-Dade· $161.25 $104.00 (8) $30.00 MPA $176.00 $118.00 $30.00 Or1ando $144.00 $125.00 $0.00 Surfside (5) $205.00 $115.00 $30.00 West Palm Beach $228.00 $130.00 $60.00 Palm Beach County $237.00 $156.00 $0.00 Hillsborough County $264.00 $115.00 $75.00 Broward County $192.50 $105.00 $30.00 St: Lucie County $198.00 $100.00 $35.00 Indian River County $208.50 $119.00 $34.00 Monroe County $271.75 $135.00 $25.00 CMB (CURRENT) $205.00 $115.00 ::i30.0? $206.54 $118.31 $29.63 Permittees' · · proposed rates applied to an average tow 2012 $241.00 $140.00 2013 $259.00 $150.00 2014 $269.00 $155.00 (1) City Fee is included in the Class A Fee (2) Adm Fee is $63.16 applied after 72 hours (3) Adm Fee is $50.00 applied after 48 hours (4) Permit Fee is annual/per zone (5) CMB Towing Permit Piggyback $35.00 $41.00 $44.00 (6) Adm Fee applied per notification after 24 hrs ..... $3.00 $4.80 (2) $3.04 (7) $3.00 $3.00 $5.00 (3) $4.00 $5.00 $5.00 (9) $7.00 $4.00 (6) $0.00 $3.00 (6) $3.00 (7) $3.00 $5.00 $3.80 $6.00 $6.00 $7.00 (7) Adm Fee applied per notification after 24 hrs and up to $135 (B) Includes $3.00 Fuel Surcharge (9) $50 Adm Lien Fee after 24 hours labor per 15 After min Hours City Fee $25.00 $0.00 $40.00 $25.00 $0.00 $0.00 (1) $22.72 $57.25 $15.00 $33.75 $30.00 $0.00 $24.25 $0.00 $0.00 $23.00 $0.00 $26.00 (1) $15.00 $0.00 . $0.00 $25.00 $30.00 $40.00 (1) $33.00 $0.00 $0.00 $39.00 $35.00 $0.00 $20.00 $50.00 $0.00 $27.50 $0.00 $30.00 $25.00 $35.00 $0.00 $12.50 $40.00 $0.00 $33.75 $75.00 $0.00 $25.00 $30.00 $25.00 (1) $25.59 $23.89 ~11 $30.00 $30.00 $30.00 $32.00 $30.00 $35.00 $33.00 $30.00 $40.00 Maximum Allowable Towing Rates in Rorida-The Average Tow Fee (ATF) is the mode value (value that occurs most often) for Miami Beach and it includes fees assessed to the most common type of tow (Class A Tow). Please note that the Average Tow Fee (ATF) includes a Class "A" Tow Fee; Administrative Fee; Mileage one (1) mile; Labor; and After Hours Fee. Also, please nota that the Permittees presented certain fees that are applicable in the jurisdictions they researched; however, · these certain-fees are not applicable to the mode value tow described in the examples below. 295 Discussion Regarding Towing Pttrmits-Updated Finance & Citywide Projects Committee Meeting January 19, 2012 Page4of10 Based on the example above, the Permittees have proposed a rate increase that will raise the average tow fee to $269.00 over a three (3) year period. This represents a 31% increase over the current Average Tow Fee. It should be noted tha~ the Permittees will present a different analysis which takes into account a variety of tows that may result in a different percent increase. · The Class "A" Tow Fee (the most common type of tow) is proposed by the Permittees to increase from .$115, over the three·year period, to $155; or an increase of 35% over the · current rate. The Permittees have also proposed to increase the City's fee, w~ich they collect for the municipality, from the current $25 per tow, to $30 per tow in year one; $35 in year two; and up to a maximum of $40 in year three. It is important to note that for public tows, in addition to the tovv fees incurred, a parking citation also accompanies the tow fee. Parking citation fines for towable infractions range between $23.00 and $250.00. The only notable exception is for vehicles that have ari impound order for outstanding citations, and even under those circumstances all outstanding citations must be paid in order to retrieve the vehicle. : Ill. CONSUMER PRICE INDEX (CPI) SENSITIVITY ANALYSIS The FCWPC discussed the issue of indexing towing rates and directed the Administration to: (1) conduct a sensitivity analysis regarding the index (CPI) utilized by the Permittees In their analysis to determine the actual effect of compounding the CPI to towing rates over a long period; .and (2) insert typical language used in other Clty ordinances, (such as the Business Tax Receipts Ordinance) related to an Index: or escalator for fees (See Att:aqhment No. 1, Section 102-379(a)-(c), .which contains sample language previously developed for the BTR ordinance). In the alternative, the City Attorney's Office has also developed standard contract language, which it typically uses in leases, concession agreements, and other agreements that generate payments to the City, providing that the initial fee be increased by CPI or [X] percent. whichever is greater. However, similar language as that contained in Attachment No. 1 maybe better suited to the instant case. The Administration conducted its own indexing analysis utilizing CPI for the Miami-Fort Lauderd.ale area. Upon comparing both the Permittees and the Administration's indexing analysis, the variations ranged between $0.11 and $2.04 among the fee categories. Please refer to the tables below. 296 , . ' ', Discussion Regardi(,g Towing Permits-Updated Finance & CityWide Projects· committee Meeting JMI)(lflj 19, 2012 5of10 PERMITIEES' CPI Adjusted Rates from Applicable Base (2005) to FY2012 through FY2014 Outside Outside Outside Storage Fee Storage Fee $39.71 $191.91 CITY'S CPI Adjusted Rates from Applicable Base (2005) to F Outside Storage Fee Motor & Outside $0.26 Outside Storage Fee Any Vet)icle <20ft Lor >SftW $0.31 Oass "B" $1.17 $1.48 297 Class "D" Tow Fee Class B&C $164.98 $166.30 $172.45 $177.62 $182.95 Class B&C 3.00%* Discussion Regarding Towing Permits..Updated Finance & Citywide Projects Committee Meeting January 19, 2012 Page 6of10 IV. AUDITING AND INSPECTION PROVISIONS Pursuant to the direction received from the FCWPC to enhance the audit provisions in the current Administrative Rufes and Regulations (which govern public tows), to look at other existing audit provisions, in comparable buslness models, such as the language in the agreements between the City and Smith & Wollensky and the Boucher Bros, the Administration drafted the following language, which could be included in the Administrative Rules and Regulations (to expand upon the existing audit provisions). It is important to note that the agreed upon audit procedures for both of the aforementione.d agreements require either an ·automated point of sale (POS) system; cash register, or comparable system. The industry specific POS and software system offered by Dispatch and Tracking Solutions (DTS) would provide the kind of safeguards, reporting; and auditing tools sought in this provision. The following is a draft of the proposed language for the provision. The agreed upon audit procedures would need to be developed jointly between the Permittees and the Administration. SECTION#. MAINTENANCE AND EXAMINATION OF RECORDS. Permfttee shall maintain current, accurate, and complete financial records, on an accrual basis, related to its operations pursuant to this Permit. Systems ahd procedures used to maintain these records shall include a system of internal controls; all accounting records shall be maintained in accordance wfth generally accepted accounting principles; and shall be open to inspection, copying, and audit by the City Manager or his designee upon reasonable verbal or written notice, during normal hours of operation: Permittee shall maintain all·such records at its principal office, currently located at , Miami Beach. Florida, 33139, or, if moved to another location, all such records shall be relocated, at Permittee's sole expense, to a location in Miami Beach, within ten (10) days from notice of request for inspection from ·the City. Such records and accounts shall include, at a minimum, a breakdown of gross receipts, expenses, and profit and loss statements. Permittee shall maintairi accurate receipt-printing cash seNices which will record and show the payment for every service provided. Such other records shall-be maintained as would be required by an independent CPA in order to audit a statement of annual gross receipts and profit and Joss statement pursuant to generally accepted acco~.Jnting principles. Permittee records shall a/so be maintained for a period of three (3) years following expiration (or the termination) of this Permit (regardless of whether such termination results from the expiration of the Term or for any other reason). A monthly report of gross receipts must be submitted to the City Finance Department's Revenue Manager, no later than thirty (30) days after the close of each month during the Term herein. Permittee shall submit to the City's Finance Depattment's Revenue Manager, ·within sixty (60) days of the end of each contract year, an annual statement of gross receipts, along with any payment required pursuant to Section herein, in a form consistent with generally accepted accounting principles. Additionally, within one hundred twenty (120)·days of the end of each permit year, a report applying agreed-upon procedures shall be submitted to the City Finance Depattment's Revenue Manager, such statement shall be accompanied by a repott from an independent CPA firm which shall perform cettain agref:Jd upon procedures, as described in Exhibit_ attached hereto. SECTION# INSPECTION AND AUDIT. 298 Discussion Regarding Towing Permits-Updated· Finance & Citywide Projects Committee Meeb'ng January 19, 2012 Page 7of10 The City Manager or his designee shall be entff/ed to audit Permittee's records once a year throughout the Term, and three (3) times within the three (3) year period following expiration (or other termination) of this Permit. The City shall be responsible for paying all costs associated with such audit(s), unless the audit(s) reveals a deficiency of five {5%) percent or more in Permittee's statement of gross receipts for any year or years audited, In which case Permittee shall pay to the City, within thirty (30j days of the City deeming the audit final, the cost of the audit and a sum equal to the amount of the deficiency revealed by the audit, plus interest. These audits are in addition to periodic City audits of Resort Tax coflections and payments (which are perlormed separately). It is Permittee's intent to stay fnfonned of comments and suggestions by the City regarding Permittee's perlormance under the Agreement. Within thirty (30) t;fays after the end of each contract year, Permittee's and the City may meet to review Permittee's performance under the Permit for the previous contract year. At the meeting, Permittee and the City may discuss quality, operational, maintenance and any other issues regarding Permittee's performance under the Permit. Nothing contained within this Section shaii preclude the City's audit rights for Resort Tax collection purposes. V. DISMISSAL OF PENDING LAWSUITS/LEGAL ISSUES The City has been a party to the following litigation arising out of disputes between the two towing companies: 1. Beach Towing Services, Inc., v. The City Of Miami Beach, Case no. 11-37364 CA 31, Eleventh Judicial Circuit, General Jurisdiction Division (complaint challenging the adoption of Ordinance 2008-3617 on robotic and mechanical parking); 2. Beach Towing Services Of Miami, Inc., v. City Of Miami Beach, Case No. 11-465 AP; Eleventh Judicial Circuit, Appellate Division (petition for writ of certiorari challenging the Board of Adjustment's opinion upholding the decisions of the Planning Director with respect to a towing garage in the 1-1 district): and 3. Beach Towing Services Of Miami, Inc., v. City Of Miami Beach, Case No. 11-466 AP, Eleventh Judicial Circuit, Appellate Division (petition for writ of certiorari challenging the Board of Adjustment's opinion upholding the decisions of the· Planning Director with respect to a towing garage in the 1-1 district). The Plaintiff in case number ·1 has filed a notice of voluntary dismissal without prejudice. Case numbers 2 and 3 have been partially briefed, and await replies to be filed by. the Petitioners. It is proposed that, as a condition of approval of Permit renewal, that the plaintiffs agree to dismiss, with prejudice, their lawsuits and petitions, within five (5) days of adoption of the Resolution, each party to bear their own costs and attomeys' fees, and with the City drafting the Orders of Dismissal. Further, since the Plaintiff has already dismissed case number 1, that it, and all related persons and entities, agree not to pursue any action against Ordinance No. 2008-3617, and not to encourage any other person or entity to file any administrative or judicial challenge to such Ordinance. VI. CITY'S IN-HOUSE TOWING INITIATIVE 299 Discussion Regarding Towing Permits-Updated Rnance & Cttyw;de Projects Committee Meeting January 19, 2012 Pa'ge 8 of 10 The City Commission discussed ·the viability of storing City directed towed vehicles on Terminal Island on June 1, 2011. The Administration was directed to conduct a traffic impact study for the proposed facility on Terminal Island for the storage of towed vehicles. The results of that study were placed on the Neighborhoods and Community Affairs Committee agenda and, after deferring discussions for two months, the Committee decided, at its December 8, 2011 Meeting, to table this item until such time as the Commission decides to place it back on the agenda for discussion. On December 27, 2011, the FCWPG decided to have the discussion on this issue with the full Commission. The Committee instructed the Administration to ensure that the nearby home owner's association be notified of that upcoming discussion, It is anticipated that this issue will be placed on the City Commission's February agenda. ' VII. ACCOUNTABILITY AND ENHANCEMENTS~ UPDATED The following enhancements were revisited during the meetings with Permittees and the results have been highlighted below in bold. • In-Vehicle Cameras (Video and Audio Recording)-Towing service providers would. be required to record video and audio of all tows, public and private. Recording equipment shall be mounted on the vehicle (wrecker) and any and all footage (video/audio) shall be provided to the City, upon request. {Note: Permittees have acquiesced from their previous position and agreed to consider this as a requirement upon conducting further research and evaluation of the various systems propo~ed). • RSI/GPS Tracking Devices (Wreckers) -Radio Satellite Integrators (RSI) is a third party provider of state-of-the-art vehicle tracking systems. The City has contracted RSI to provide a web based vehicle tracking system to manage its fleet, including location, speed, and idle times of City vehicles. Each towing service provider would be required to engage RSI and deploy GPS tracking devices for all wreckers and/or service vehicles; and would be required to provide access to the RSI system to the Police and Parking Departments. (Note: Permittees have acquiesced from their previous position and agreed to consider this as a requirement upon conducting further research and evaluation of the various systems proposed). · • Towing Software (Dispatch and Tracking Solutions)-Dispatch and Tracking Services (DTS)-DTS is a third party provider of state-of-the-art towing software. Each towing service provider shall be required to engage DTS, a web based towing software provider, to manage public and privat~ property tows. Both towing service providers would be required to use the DTS system for all tows. A DTS tow fee is assessed for each tow. (Note: Permittees have acquiesced from their previous position and agreed to consider this as a requirement upon conducting further research and evaluation of the various systems proposed). • Temporary [Towed} Vehicle Storage -The Administration recommends an amendment to the City Code allowing for temporary storage of towed vehicles during high impact events in the City. (Note: Permittees have acquiesced from their previous position and agreed to this provision). 300 D1'scuss/on Ragard'ng Towing Permits-Updated Finance & Citywide Projects Committee Meeting January 19, 2012 Page 9 of 10 • Defamation Provision (video/audio depiction of public tows) -This prov1s1on is intended to develop protections for the City from potential defamation that may arise from towing service providers intending to either pursue on their own or engage a third party to film depictions of public property tc:>ws. (Note: This was previously agreed to by-both Permittees and can be required by the Permit}. • Employee Drug Screening -Towing service providers would perform drug test screening on all employees and provide pass/fail results to the City upon request {Note: This was previously agreed to by both Permittees and can be required by the Permit). - • Drivers License Screening -Each towing service provider would perform driver's license screening on all employees with driving responsibilities. (Note: This was previously agreed to by both Permittees and can be required by the Permit). · ' • Uniforms;... Towing service providers would be required to provide all employees with uniforms. Uniforms shall be approved by the City Manager or his designee. (Note: This was previously agreed to by both Permittees and can be required by the Permit). • Penalties/Fine Schedule -The existing towing pennits allow the City Manager to suspend the permit for a period of time as a penalty. The Administration recommends a fine schedule, as a financial disincentive, for violation(s) of the towing permit Rnes for typical violations may include, but are not limited to: employees out of uniform; illegal storage of vehicles; overcharging/assessment of drop fees; violations of the conditional use requirements, etc. (Note: Both Permittees have agreed to continue discussing this issue). • Extend the number of hours of storage at no charge to the customer from eight (8) hours to 12 hours. (Note: Permittees have not agreed to this provision). CONCLUSION The Administration seeks further policy direction regarding the proposed revisions to towing rate increases; public benefits for Miami Beach residents; permit requirements/enhancements; accountability; and legal issues. JMG/£. F:OT1gr\$ALL\JGG\Finance Memas\TowlngPennitRe!erra1FCPCJan192012(3) mem.docx 301 Discussion Regarding Tawing Permits-Updated Finane& & ·Citywide Projects Committee Meeting January 19, 2012 Page 10 of 10 1 ·--- UCltODier 1 ~ 2009. -~uSiness . taxes _ t9E_. :~ __ foll9vi~9 _.:. _ .. ....... . ····ac·c-upations~or. professions_ §lre bereb.y l_~vied ~nd impos~d as follows: :year on 1, up with cumulative percenta~e. change. in the ~.onsumer -Pri~ J*!51~~ (CPI) measure b~tween June 1994 through March 2003, which iS: :24.5 .. perce11_t;. further Jl~?~~in&t ... ~.r .!t:l~~l:t~! .. c:hange equal to thej ~umulativ:e. perc~.r!~9~t_t!i'!t!t:~9~J.n_~~-gJ!I·fr5tm~l\'far9~903J~ 1. !~~J?I9Y~d~q-_i!1~es~l~on -~~~-?.QP~:2§2~9~.~-a ~~e~i~w, ~t~e ~n!1~!1 permit fee/business tax wi~l be_ required whenever th~ change_ in! :tf1e J;~lls~!_n~~ P~JC?.~J~~~~.it:!Jk ~~e~_the, ~~tet!t ~'?~! .. ~nd. !b.! _dat! . t?f __ the . CP.I }:~~_ed J~U!!•a~J~~-t!-txlfee_!dlust~~-~~~-1!-.fi'W _2r_grea~!~ 302 l '. t.e MJAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beech, Florida 33139, www.miomibeochA.ecv COMMITIEE MEMORANDUM TO: FROM: ·DATE: Mayor Matti Herrera Bower and Members of the City Commission City Manager Jorge M. Gonzalez ~~ February 8, 2012 U {____) SUBJECT: REPORT OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING OF December 27, 2011. OLD BUSINESS NEW BUSINESS 1. Discussion regarding the Miss USA Pageant ACTION Chairperson Weithorn suggested that administration continue to work with Miss USA® to negotiate an agreement between the City and its partners, not to exceed $250,000. If successful, th~ agreement would be brought to the City Commission for approval. Max Sklar, Director of Tourism & Cultural Development, presented the item. At· the beginning of December 2011, ACT Productions and the Green Agency approached the City, the Greater Miami Convention Center and Visitors Bureau (GMCVB) · and Miami Beach Visitor and Convention Authority 0/CA) about the opportunity of the City hosting the Miss USA® pageant in Miami Beach in 2012. The Miss Universe Organization produces the internationally recognized MISS UNIVERSE®, MISS USA® and MISS TEEN USA® competitions. The MISS UNIVERSE® and MISS USA® competitions air as live specials and consist~ntly rank among the most watched television programming in the world. Miss Universe Organization L.P., LLLP is a Donald J. Trump and NBC Universal joint venture. NBC Universal broadcasts the MISS USA® and MISS UNIVERSE® competitions live during prime time in the United States. NBC Universal distributes the shows to international markets (approximately 170 countries). The three events are packaged together for international. distribution. NBCUniversal promotes the live telecast prior to the air date, which provides exposure to th~ host , 1 101 303 Agenda Item C(D D Date ;;J.r r-I L destination. The pageant is also distributed to over 90 countries and territories worldwide. Miss USA® was watched by 1 in 17 Americans In 2011 and also has a large internet presence that generates millions of impressions. The first eight years of competition (1952-1959) the Miss USA® pageant was held in Long Beach, California. The competition moved to Miami Beach, Florida in 1960 and stayed in Miami Beach, with the exception of 1962, until1971. In order to host the MISS USA® Pageant in Miami Beach, the host organization is required to raise cash and/or in- kind support to cover the production expenses for the event. It is expected that the host organization will seek third party sponsorships in order to help meet the cash/in-kind needs necessary to successfully host the pageant; these sponsorships cannot conflict With any current pageant sponsorships. The original cash and in-kind requirement discussed with the MISS USA® representatives totaled approximately $3,000,000. This total requirement included costs for the pageant venue; hotel rooms and meals (contestants and staff); security; community< events; staging; production; local transportation; and airfare, among others. In exchange for this commitment, the Host Organization is considered the "Official Sponsor" of the pageant, receives approximately eight (8} minutes of destination primetime television exposure and audio mentions during the broadcast on NBC and in pre and post pageant coverage, receives a local economic tourism impact for three (3) weeks leading up to the pageant, as well as other promotional opportunities. The 2012 pageant will be televised on June 3, 2012. Pre- pageant events would lead up to the show, and could include events both in the City and outside of the City. In order to accommodate the necessary production needs, the pageant would ·need to be produced in the Miami Beach Convention Center, which impacts production costs as compared to the use of an established theater or performing arts facility; the Fillmore Miami Beach at the Jackie Gleason is not large enough for this event. Following the December 19, 2011 Commission meeting, ACT Productions reported to staff that the cash and in-kind requirement could potentially be reduced to· $1,000,000 pending further discussions/negotiations. Mr. Sklar stated that he felt that if the cash and in-kind requirement could be reduced to $500,000 the event would be feasible and that a rent waiver at the Convention Center would be required for the pageant. Chairperson Deede Weithom asked ~hat the cost would be to the City. Mr. Sklar stated that it would depend on amount of funding provided from other sources. City Manager Jorge Gonzalez stated that it would be approximately $150,000 -$200,000. Discussion ensued. Commissioner Jonah Wolfson felt that the GMCVB, as a partner with the City, should do all they can to make the event happen. Commissioner Jerry Libbin was concerned about scheduling the Miss USA pageant during Memorial Day Weekend< this year. Commissioner Jorge Exposito asked what the time frame was for making the decision. Mr. Sklar stated that the decision on where the pageant would be held would be made in the neict few weeks. Commissioner Michael Gongora was in favor of the event if the amount of cash/in-kind requirement was reduced to something 'that the City could afford and suggested that the City try to host the Latin Grammy Awards again. Chairperson Weithom asked Chief Financial Officer Patricia Walker if Resort Tax has exceeded expectations so far· this year. Ms. Walker stated that it has exceeded expectations so far. Chairperson Weithorn suggested that administration continue to work with Miss USA® to negotiate an agreement between the City and its partners, not to exceed $250,000. If successful, the agreement would be brought to the City Commission for approval. 2. Discussion regarding towing permits 2 102 304 ACTION City Attorney Jose Smith is to send a copy of the Notice to Dismiss to Commissioner Michael Gongora. The Committee requested that Staff do a sensitivity analysis using other rates for the increase of the towing rate, send a copy of the provisions for auditing the towing permltees to the full Commission, that an additional public benefit be proposed, tha1: Staff verify the Rate Analysis that was included in the memo, and tl:lat the towing permitees present cities that they feel are comparable for comparison. The Committee also referred the discussion regarding Terminal Island to the full Commission and asked that the neighborhoods 1hat are affected be notified so that they may have the ~lght to respond. Assistant City Manager Jorge Gomez presented the item and gave a synopsis of the memo. Commissioner Jorge Exposito asked what the reasoning was behind requiring in-vehicle cameras, GPS tracking and what the costs were. Parking Director Saul Frances stated that the reason was for protection of not only for the City but the towing operators as well. The in-vehicle cameras would provide a visual picture of what took place when the vehicle was being towed and the GPS tracking would ensure that the vehicle was being taken to the correct storage location. Mr. Franees stated that the in-vehicle cameras have not been priced yet, but the GPS tracking system would cost approximately $300 per vehicle for installation and approximately $20 per month for monitoring services. Commissioner Jerry Libbin asked who was establishing the request for the rate increase. Mr. Gomez stated that the rates were proposed by the towing companies. Commissioner Ed· Tobin asked how much revenue was generated by City tows. Mr. Frances stated that last year there were approximately 14,000 tows between the Police and Parking Departments, and at the Average Tow Fee of $205 minus the City Fee of $25 would be approximately $2.5 million. Commissioner Tobin was concerned that the towing companies stated that they were operating at a loss when approximately $2.5 million dollars of revenue wa~ generated by the City co·ntract alone. Commissioner Michael Gongora asked for clarification on the one-time only resident discount. Mr. Andrade stated that it was intended to be a onetime per company per resident discount, a once in a lifetime discount for residents. Commissioner Gongora stated that he would like to see that changed and asked what the proposed rate increase was based upon. Mr. Andrade stated that the proposed rate increase was based upon Consumer Price Index (CPI) increases. Commissioner Gongora then asked what percentage the rate increased when the last increase was implemented. City Manager Jorge Gonzalez stated that in 2004 the Class A fee was $95 and was raised $10 each year for two (2) years, the Admin fee was raised from $25 to $30, the afterhours fee was raised from zero to $30, and the Labor fee was increased from zero to $20 and then $25. Chairperson Deede Weithom asked how many years the 2004 increase was adjusting for. Mr. Frances stated that is was for a four (4) year period. Chairperson Weithom then opened the floor to public comment. Miami Beach Resident Frank Del Vecchio stated that .he reviewed the City Code, State Statutes and County code regarding towing and felt that the public interest was not being served. Mr. l'.:lel Vecchio suggested the City look at booting vehicles, and suggested that an audit of the towing companies be performed. Discussion ensued. Lobbyist David Custin suggested that the City freeze the City Fee portion of the Tow Fee. Ralph Andrade, attorney for Beach Towing, dlstlibuted'a revised proposed towing resolution. Chief Deputy City Attorney Raul Aguila noted some of the changes that were made on the revised proposed resolution which included changing the extension dates from January 1, 2012 through December 31, 3 103 305 2014 to February 1, 2012 through January 31, 2015 and then asked if the clause relating· to ·the litigation, which was a condition of the approval of the resolution, that the petitioner agree to drop the lawsuits with prejudice, was omitted in error. Mr. Andrade stated that one lawsuit had already been voluntarily dismissed. Mr. Aguila stated that the lawsuit that had already been dismissed was done so without prejudice and that the City was requesting that all three lawsuits be dismissed with prejudice and that each party bear their own attorneys' fees and costs. Discussion ensued. City Attorney Jose Smith stated that he would submit the Notice. to Dismiss to Mr. Andrade and copy Commissioner Michael Gongora. The Committee requested that Staff do a sensitivity analysis using other rates for the increase of the towing rate, send a copy of the provisions for auditing the towing permitees to the full Commission, that an additional . public benefit be proposed, that Staff verify the Rate Analysis that was included in the memo, and that the towing permitees submit to Rarking Director Saul Fr~nces, cities that they feel are comparable for comparison. The Committee also referred the discussion regarding Terminal Island to the full Commission and asked that the neighborhoods that are affected be notified so that they may have the right to respond. 4 104 306 ., (9 MIAMIBEACH City of Miami Bee~ch, 1700 Conv9f11ion Cenler Drive, Miami Beooh, Florida 33139, www.mlomibeochfl.gov COMMITIEE MEMORANDUM TO: Mayor Matti H. Bower and Members of the City Commission FROM: City Manager Jorge M. Gonzalez DATE: December 27, 2011 Tl)is shall serve as written notice that a meeting of the Finance and Citywide Projects Committee has been scheduled for December 27, 2011, at 5:00 P.M. in the City_ Manager's Large Conference Room. The agenda is as follows: OLD BUSINESS ·REPORTS NEW BUSINESS 1. Discussion regarding the Miss USA Pageant Hilda Fernandez-Assistant City Manager 2. Discussion regarding towing permits Jorge Gomez-Assistant City Manager JMG/PDWirs/th 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), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). Cc. Mayor and Members of the City Commission Management Team 307 ... Under Separate Cover 308 309 /V\I/\/\l\1 BEACH OFFICE OF THE CITY MANAGER COMMITTEE MEMORANDUM TO: Finance and Citywide Projects Committee FROM: Jorge M. Gonzalez, City Manager~ .J/.Ier DATE: December 27·, 2011 SUBJECT: DISCUSSION REGARDING TOWING PERMITS On December 14, 2011, the Mayor and Commission, via Agenda Item No. R7B, referred a discussion item to the Finance and Citywide Projects Committee regarding the City's towing permits with Beach Towing and Tremont Towing and the following related issues; maximum allowable towing rates/discountfor Miami Beach residents; permit requirements/enhancements; accountability; legal issues; and ttJe City's In-house towing Initiative. Additionally, the Mayor and City Commission approved a month-to-month extension commencing on January 1, 2012 and expiring ori June 30,2012. The Administration began meeting with the Towing Permittees in early November to discuss the terms of the renewaVextenslon ofthe towing permits. No consensus had been achieved during several rounds of meetings, as such; staff was recommending for the extension of the towing permits on a month to month basis and was requesting direction from the policy makers. The discussions were to center on certain requirements that would enhance accountability and increase operational accountability. The following provisions were identified for discussion: CONDITIONAL USE REQUIREMENTS The City's Planning Board required a number of conditions for Tremont Towing at their current location as well as to the site proposal for the relocation at 1861 Bay Road. The Administration recommends that any conditions that mitigate the impact of the operation on the surrounding neighborhood also be required of both towing service providers. These conditions include but are not limited to: on-site cameras; restricted access to the facility through the neighborhood, landscaping, etc. (Note: The Permittees have not agreed to this). ACCOUNTABILITY • In-Vehicle Cameras (Video and Audio Recording)-Towing service providers would be required to record video and audio of all tows, public and private. Recording equipment shall be mounted on the vehicle (wrecker) and any and all footage (video/audio) shall be provided to the City, upon request. (Note: Permittees have only agreed to do this at their sole discretion). • RSI/GPS Tracking Devices (Wreckers)-Radio Satellite Integrators (RSI) is a third party provider of state-of-the-art vehicle tracking systems. The City has contracted RSI to~ provide a web based vehicle tracking system to manage its fleet, including location, speed, and idle times of City vehicles. Each towing service provider would be required to engage RSI and deploy GPS tracking devices for all. wreckers and/or service vehicles; and would be required to provide access to the RSI system to the Police and Parking Departments. (Note: Permittees have only agreed to do this at th~ir sole discretion). 310 Discussion Regarding Towing Parmlt$ Dacember27, 2011 Finance & Citywide Projects Committee Meeting Page 2 of5 • Towing Software (Dispatch and Tracking Solutions)-Dispatch and Tr.acldng Services. {DTS)-DTS Is a third party proVIder of sta:te-of~the-art towing software. Each towing service provider shall be required to engage OTS, a web based towing software provider. to manage public and private property tows. Both towing st'!lrV!c:e providers would be required to use the DTS system for all tows. A DTS tow fee is assessed for each tow. (Note: Permittees have only agreed to do this at their sole discretion). • Defamation Provision (video/audio depiction of public tows)-This provision Is Intended to develop protections for the City from potential defamation that may arise from towing service providers intending to either pursue on their own or engage.a third party to film depictions of public property tows. (Note; This was agreed to by both Permittees and can be required by the permit). • Employee Drug Screening~ Towing service providers would perfonn drug test screening on all employees and provide pass/fall results to the City upon request. . (Note: This was agreed to by both Permitt~es and. can be required by the permit). • Drivers License Screening-Each towing service provider would perfonn driver's license screening on all employees with driving responsibilities. (Note: This was agreed to by both Permittees and can be required by the permit). • Penalties/Fine Schedule-The existing towing permit wnh both towing services providers allows for the City Manager to suspend tile towing permit for a period of time as a penalty. The Administration recommends a fine schedule, as a financial disincentive, forviolatlon(s) of the towing permit. Fines for typical violations may include but are not limited to: employees out of uniform; illegal storage of vehicles; oVl.'.l:rcharglng/assessment of drop fees; violations of the conditional use requirements, etc. (Note: Both Permittees have agreed to continue discussing th!slssue). ENHANCE OPERATIONAL EFFICIENCIES • Uniforms -Towing service providers would be required to provide all employees with uniforms. Uniforms shall be approved by the City Manager or his designee. (Note: This was agreed to by both Permittees and can be required by the permit). • Temporary [Towed) Vehicle Storage-The A<:! ministration recommends an amendment to the City Code allowing for temporary storage of towed vehicles during high impact events in the City. {Note: Permittees have not agreed to this provision). • Exterld the number of hours of storage at no charge to the customer from eight (8) hours to 12 hours. · (Note: Permittees have not agreed to this provision). FINANCE AND CITYWIDE PROJECTS COMMITTEE (FCWPC) -PERMITIEES' RATES ANALYSIS At the December6,2011, Finance and Citywide Projects Committee (FCWPC), the Permittees jointly provided an analysis of the maximum allowable towing rates. The analysis suggests that the current towing rates are inadequate since they have not been Increased since 2004. The analysis further·suggests that a CPI (Consumer Price Index) of three percent(3%) be applied to 311 D/scussfol' Regarding Towing Permits December 27, 2011 Finance & Citywide Projects Committee Meerlng Page3of5 certain towing rates (see attached Permittees' Analysts). The summary (Table 2} of the Permittees' Analysis was inserted into the chart for comparative purposes. The Administration conducted a survey of maximum allowable towing rates for local and regional jurisdictions. The survey below Identifies Miami Beach as having the highest maximum allowable rates locally (Miami-Dade and Broward Counties) and second highest in the State of Florida, second only to Key West. RATE ANALYSIS Maximum Allowable Towing Rates in Florida-Please note that the Average Tow Fee (ATF) includes a Class "A" Tow; Administrative Fee; Mileage one (1) mile: Labor; and After Hours Fee. Adm Fee Milea e Labor Hou Bal Harbor** $205.00 $115.00 $30.00 $5.00 $25.00 $30.00 $40.00 Coral Gables $138.50 $88.00 $25.00 $3.50 $22.00 $0.00 $25.00 Fort Lauderdale $134.80 $100.()0 $30.00 $4.80 $0.00 $0.00 $0.00 Jacksonville $176.t:i5 $91.75 $0.00 $Z.62 $32.76 $49.52 $15.00 Key West $163,00 $135.00 $25.00 $3.00 $9.00 $0.00 $0.00 Miaml Dade $134.00 $101.00 $30.00 $3.00 $0.00 $0.00 $0.00 MPA $168.00 $113.00 $30.00 $3.00 $22.00 $0.00 $25.00 Orlando $150.00 $100.00 $50.00 $0.00 $0.00 $0.00 $0.00 $205.00 $115.00 $30.00 $5.00 $25.00 $30.00 '$25.00 $205,00 $115.00 $30.00 $5.00 $25.00 Average $ $3.4 Permittees' Proposed rates applied to an average tow 2012 $241.00 $140.00 $35.00 $6.00 $30.00 $30.00 $30.00 2013 $259.90 $150.00 $41.00 $6.00 $32.00 $30.00 $35.00 2014 $269.00 $155.00 $44.00 $7.00 $33.00 $30.00 $40.00 NOTES: **CMB Towing Permit Piggyback **"'City Fef! is Included in the Class A Fee The Permittees have proposed a rate increase that will raise the average tow fee to $269.00 over a three year period. This represents a 31% increase over the current Average Tow Fee. The Class ·A" Tow Fee (the most common type of tow) ls proposed by the Permittees to increase from $115, over the three year period, to $155, or an increase of 35% over the current rate. The Permittees have also proposed to increase the City's fee, which they collect for the municipality, from the current $25 per tow to $30 per tow in year one, $35' in year two, up to the maximum of $40 in year three. PUBLIC BENEFITS The Administration was also seeklng to include a public benefit provision In the discussions with the Permittees. At the December 14, 2011 Commission Meeting, both Permittees agreed to 312 Discussion Regarding Towing Pennits December 27, 2011 Finanr;fl & Qjtywlde Projects Committee Meeting Page4of5 ·provide Mlaml Beach residents, with proof of residency, a twenty percent (20%) discount for all towing services. The Administration met with both Permittees on December 20,2011, to discuss the public benefit proffered by the Permittees. The Resident Discount proffered by the . Permittees Is as follows: · · • Twenty percent (20%) discount to Miami Beach residents far public (City) tows only. • Resident must provide proof of residency within the City limits and their driver's license Information must match with the vehicle registration information. • Discount may be applied one-time only to residents. Permittee Will track issuance of discounts to residents. • 20% discount would also be applicable to the City's Fee. Additionally, the Permittees proffered a formal ~Internal Review" process to address citizen complaints. TOWING PERMIT ENHANCEMENTS At the direction of the FCWPC, the Administration met with both Permittees on December a, 2011, staff reviewed the proposed rate of Increase and discussed with the Permittees certain enhancements to the towing permits. Both Permittees agreed to the fallowing enhancements, as ~ requirements, of the towing permits: • Uniforms -Towing setvice providers sha'll be required to provide all employees with uniforms. U nlforms shall be approved by the City Manager or his designee. • Employee Drug Screening-Towing setvice providers shall perform drug test screening on all employees and provide pass/fail results to the City upon request. • · Drivers License Screening-Each towing setvice provider shall perform driver's license screening on all employees with driving responsibilities. · • Reduce storage requirement within the City limits from seven (7) days to one (1) day .. • Temporary [Towed] Vehicle Storag·e-An amendment to the City Code is necessary to allow temporary storage of towed vehicles in locations other than currently permitted by the ~ity Code during high Impact events in the City. · Both Permittees agreed that the following list of enhancements be considered on a voluntary basis. It should be noted that Tremont Towing agreed to implement the following enhancements; however, Beach Towing, has decided not to implement any of the e'nhancements at this time: • In-Vehicle Cameras (Video and Audio Recording)-Towing service providers would be required to record video and audio of all tows, public and private. Recording equipment shall be mounted on the vehicle (wrecker) and any and all footage (video/audio) shall be provided to the City, upon request. • RSI/GPS Tracking Devices {Wreckers)-Radio Satellite Integrators (RSI) is a third party provider of stat&-ef·th&art vehicle tracking systems. The Clty has contracted RSI io provide a web based vehicle tracking system to manage Us fleet. lncludlng location, speed, and Idle times of City vehicles. Each towing service provider would be required to engage RSI and deploy GPS tracking devices for a!! wreckers and/or servlce vehicles; and would be required to provide acQess to the RSI. system to the Police and Parldng 313 Discussion Regarding Towing Permits December 27,2011 Fmanr:e & Citywide Projects Committee Meeting Page 5of5 , Departments. • Towing Software (Dispatch and Tracking Solutions)~ Dispatch and Tracking Services (DTS)-DTS Is a third party provider of state-of-the-art towing software. Each towing service provider shall be required to engage DTS, a web based towing software provider, to manage public and private property tows. Both towing service providers would be required to use the DTS system for all tows. A DTS tow fee is assessed for each tow. The Permittees have also requested to reduce the minimum number of days a vehicle is required to remain within city limits from seven days to one day. ENFORCEMENT PROVISION Both Permittees have agreed to include an "Enforcement" provision to the towing permit to ensure accountability and protections. The Enforcement provision shall be jointly developed between the Administration and both Permittees and shall be substantially based upon: (1) Minor Violations such as: employee uniforms; distribution ofT owing Bill of Rights information; etc. and (2) Major Violations such as: overcharging; Illegal storage; etc. LEGAL ISSUES Beach To\ving has dismissed one of its lawsuits against the City without prejudice, challenging the adoption of the robotic mechanical parking ordinance. CITY'S IN-HOUSE TOWING INITIATIVE The City Commission discussed the viability of storing City directed towed vehicles on Terminal Island on June 1, 2011. The Administration was directed to conduct a traffic impact study for the proposed fac!Uty on Terminal Island for the storage oftowed vehicles. The results of that study were placed on the Neighborhoods and Community Affairs Commtttee agenda and after deferring discussions for two months, the Committee decided at the December 8, 2011 meeting to table , this item until such time as the Commission decides to place it back on the agenda for discussion. CONCLUSION The Administration seeks further policy direction regarding the proposed increases, the discount proffered for Miami Beach residents; permit requlrements!enhancements; accountability; and legal issues. The Administration is also seeking policy directlon on the issue of Terminal Island as the matter was tabled Indefinitely by the Neighborhoods and Community Affairs Committee. Attachments JMG/JGG/SF F;\Ping\Saui\FinanceCommlttee\TowlngPermitReferraiFCPCDec272011.mem.doc 314 MAXIMUM ALLOWABLE TOWING RATES· PROPOSED AMENDMENTS • Outside Exterior Storage for Motorcycles increases from $10 to $12 per day, • Outside Exterior Storage for vehicles less than 20 feet In length increases from $25to $30, and $36, effective as of January 1, 2014; • Outside Exterior Storage for any vehicle over 20 feet in length Increases from $30 to $35; and $44, effective as of January 1, 2014. • Tow Rate Class "A" Increases from $115, to $140, and $150, effective as of January 1, 2013, and $155, effective as of January 1, 2014; • Tow Rate Class "B" increases from $145, to $165, and $180, effective as of " January 1, 2013, and $190, effective as of January 1, 2014; • Tow Rate Class "C" increases from $175 to $200, and $220, effective as of January 1,·2013; and $230, effective as of January 1, 2014; • Tow Rate Class "D" increases from $200 to $230, and $250, effective as of January 1, 2013; and $265, effective as of January 1, 2014; •. Tow Rate Class "B" and "C" Car Carrier increases from $125 to $145, and $160; effective as of January 1, 2013; and $180, effective as of January 1, 2014; • Special and Additional Charges (Extra Labor or Waiting Time) increases from $16.50 to $20, and $22, effective as of January 1, 2013; and $24, effective as of January 1, 2014; • Mileage increases from $5 to $6 per mile, and $7, effective as of January 1, .2014; • Administrative Fee increases from $30 to $35, and $41, effective as of January 1, 2013; and $44, effective as of January 1, 2014; • Dollies and Flatbed Services, Increases from $35 to $40, and $47; effective as of ·January 1, 2013; and $50, effective as of January 1, 2014; · • Labor to Engage Tow (not an automatic fee), increases from $25 to $30, and $32, effective as of January 1, 2013; and $33, effective as of January 1, 20 14; • Administrative Charge (not an automatic fee), increases from $30 to $35; and . "$40, effective as of January 1, 2013; and $43, effective as of January 1, 2014; and 315 • <I" Bench Towing Services, lm:. ,.\'-\!.)SIS I >I \l\\l\11 \1 \1 I 0\\ \BI I l 0\\ 1'-L IU H S City of Miami Beach \", \1 \'-1' 1\. '-ll'!'"l~! "l \\II \.lll\.1. '-It 'I ill\.•~~-I \.IIlLI P \11\1\lt \I \IJ<I\\\1<!111\II"-<111111•11\PI\11\\11 1 11 \Ill 11>\ll\.1-.lll\ll\l H!ll'- ,.,,ll'lid I \l!>l\."-ll•kl'i>lltl I'.JII'\1{1,1'-•·111\\1\.I,J'IIt\111, ''1!1\1"111 II\ IllY~: -""'" \\P \\11',11111 i>'\ \I\'' il. :w· II\ l'·.t Rl \'•l'\1, 1111 \I \ \I\ II \I \ I I ' I\ I \I! I I I< I I I •, II I I{ I I I I t I I Ill \\\.I \ l l I I'. -.j \II H I' R II I· l'\1'11 \ lll[l 1!~1 \II \\11•<11~ l I \1 lliiOJ \II •d l•lll'\ '-I\< i .'Hili liN I \IIIII H l''·"·· 316 - C1ccres & G('lmez, CPA, P.L Ccni fkd Ptt hlk' :\CCilllmanrs l!·l.\3 $\\':·C .. · hnlU< \lhuni, Flt>rid.1 1.>l--~ · :]115• 2(,:'-:-:!.>1'- Bench Towing s~rYil.:t'S. inc. 13·49 Dnde Boul~\·nrd ivtinmi Bench. f-loriuu Tu Th~: IJonrd of Din:ctur':;: :Following is th~.; mmlysis rcc}UIOS\~d nml adopted by your mnm1gem~nt 1·dnting to the increase urtht 1'v1nxinnlm Alluwabh: Towing Rates !'or FY20 I~ 'lhrough Y:¥20!4. from I he bQ!>c rate of FY2004. or cni·lkr. atljnstcll by !h..: Consutm:r Prkc lmh.:x applkubl~ ·to th~.: :-vlinmi-Fort Lnudtmlule •m~n. The FY20U-I ivlaximum Allowable lowing Rates were oblninctl from the City nfMinmi Bench Adminislmtin~ Rules :md Regnlnlions For Police ontl Parking Towing Permits. Rc\'ised as t)f.luly 2:1, ]!)09 (::;ee App1.mdix I of tlw l\1mlysisl. which rntcs wt:rl! 1"\C't.:ommemled in the Colllllli~siml i\·1cmorn1Hlum dn1eJ Jununry 14.2004 (~ec Appendix 2 of the r\nnlysis}. ·The mmlysis is inlended for intemalusc only and ymw managrmem 's prescmntion 10 ·the Mayor :md City Com111ission of the of i'v1inmi Bench, Florida, whicl1 is responsible Cur selting the Maximum-A!Iownhk Towing R01tc5 tmd should no! be me<l for any other pmposc. The nclunl rcsulrs m11y vmy lrom tlio~c prc~cm~d. and the 1·urimion!; nmy be material. Cac.::res & G61Mz. CPA. P.L. 317 - Over the past ten years.there has been a substantial increase in the CPI published by the U.S. Bureau of Labor Statistics. The incre~se tr~ns!ates to an average CPI an~ual Increase of I about 2.97% over a 10 year period or an increase in expenses of about the same rat~. More importantly, CPI adjustments increased at a rate of 4.7% in 20_05, 4.90% In 2006, 4.20% in 2007, am.f 4.60% in 2008. The CPI decreased at a rate of -0.30% in 2009. The CPI increased at a rate of 0.80% !n 2010. The trend for 2011ls a CP\ increase of approximately 3.70"AI. The data tables from the U.S. Bureau of ~abor Statistics are attached hereto in as Appendix "3." The rapid rise in costs has severely dampened the financial sustainability of operating a towing business in the City of Miami Beach, particularly if the Maximum Allowable Towing Rates are not adjusted fn a timely manner. The rates have remained stagnant ranging from 2001 for several fees and for all fees since January 14, 2004, resulting in unavoidable losses of income for companies in the towing buslnf'55 In the City of Miami Beach. Thus, Beach Towing Services, Inc., believes the CPI increases from the base rates ranging from 2001 and from the 2004 to the present warrant an increase to the "Maximum Allowable Rates," set forth in Section 22 of the City of Miami City of Miami Beach Administrative Rules and Regy.lr~tions For Police and Parking Towing Permits, Revised as of July 22, 2009 (attached hereto as Appendix ":!."). It ls vital to note that the same conditions and justifications cited In the Commission Memorandllm dated January·14, 2004 (attached hereto as Appendix "2"), to warrant an increase to·the Maximum Allowable Towing Rates are present today. The following Table 1, broken aut into two .(2) pages, reflects the application of the CPI to the FY2004 Maximum Allowable Towing Rates. Immediately following the CPI calculations are Beach Towing Services, Inc., proposed blended rates (rounded for simplicity} until such time as the rates approximate the CPI adjusted rates through FY 2014. Table 2, summarizes the effect of the CPI increases to the Average Tow. Beach Towing Services, Inc. Consulting Engagement 318 w ~ <0 r~-.. ~~<;;~-:~~"""?~--:-~ ~-o~·-.._--~ ~~~ -,, Table l, PG 1· The Annual Consumer Price Index obtained from the U.S. Department of Labor for Miami-Fort lauderdale Region, not seasonally adjusted, applied to the applicable Maximum Tow Rates E~tablished in JanLJary 14,.2004 or earlier applicable b;ase rate. Blendi'Jd Increase of Rates with Embedded CPI Increase $ 12.00 $ 30.00 $ 35.00 $ 135.00 $ $ 12.00 $ 30.00 $ 35.00 $ 145.00 $ $ 15.00 $ 36.00 $ 44.00 $ 150,00 $ lEGEND-TABLE liPG 1.2) 16S,OO $ 180.00 $ 190.00 $ Class D Towing Fee ' 200.00 $ 220.00 $ 230.00 $ 230.00 $ 250.00 $ 265.00 $ 145.00 160.00 180.00 a) The analySis ofCPIIncrease.s was ap!)lled as of FY2005, since thl'! January 14,2004 determined increases were scaled In 2004 and 2005. b) For the periods FYZ013 and FY2014, tf:te CPT Increase used wa5 the 10 year average CPI, calculated at approximately 3.0% (rounded). Beach Towing Services, Inc. Consulting Engagement AnnuaiCPI% incr4l!las.a w N 0 r Table 1. PG 2-The Annual Consumer Price Index obtained from the U.S. Department of Labor for Miami:Fort Lauderdale Region, no~ seasonally adjusted, applied to the ,applicable Maximum Tow Rates Established in January 14, 2004 or earlier applicable base rate. Miami Beach I Annual CPI % City Fee, Increase Blended Increase of Rates with Embedded CPIIncrease $ 20.00 $ 6.00 $ 35.00 $ 40.00 $ 30.00 $ 35.00 $ 30.00 $ 22.00 $ 6.00 $ 41.00 ,$ 47.00 $ 32.00 $ 40.00 $ 32.00 $ 24.00 $ 7.00 $ 44.00 $ 50.00 $ 33.00 $ 43.00 $ 35.00 --LE_GEND -T~L£ llP~_u} a) The analysis of CPI increases was applied as of FY2005, since the January 14, 2004 determined increases were scaled In 2004 and 2005. bl For the periods FV2013 and FV2014, the CPI Increase used was the 10 year average CPI, calculated at approximately 3.0% (rounded). Beach Towing Services, Inc. Consulting Engagement , - w N ~ ----·---~ V ,._~,--A---"""<---~,-·-.,...-~-· Table 2-The following table summarizes the effect of the Proposed·CPI increases on the Maximum Allowable Tow Rates for the Average To~. Effect of Year Beach Towing Services, Inc. Consulti~g Engagement Outside Storage "'Fee Any Vehicle <20ft L & <8ft W Miami Beach City Fee Average Tow Fee Increase. '\>, Correa, Nelida From: Sent: To: Cc: Subject: Hi Nelida, Select Services [select@selectproduction.com] Tuesday, October 16, 2012 2:09 PM Correa, Nelida; Winick, Graham Gabriele Schuetz Parking Monroe & Main The same team, Monroe & Main would like 6 parking spaces on 1st Street & Washington, for tomorrow 10/17/12. The meter numbers are: 0107003 0107005 0107007 0107009 0107012 0107014 Please send me the form and I will gladly fill it out. In the interim I am attaching the CC auth. Thanks, Ann ~ Please don't this e-mail unless you need to, 1 322 BEACH TOWING SERVICES, INC., a Florida corporation, Plaintiff, THE CITY OF MIAMI BEACH, a Florida municipal corporation, Defendant EXHIBIT B IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: ll-37364 CA 31 Plaintiff, Beach Towing Services, Inc., by and through undersigned counsel, pursuant to Florida Ru:le of Civil Procedure l.420(a), hereby gives notice of voluntarily dismissing the above styled cause of action without prejudice. Respectfully submitted, LAW OFFICES OF RAFAEL E. ANDRADE, P.A. Attorney for Plaintiff 1111 Lincoln Road Suite 400 Miami Beach, Florida 33139 Telephone: (305) 531-9511 Facsimile: (305) 673-5734 By:~~--~~~~~~~------ RAFAEL E. ANDRADE, ESQ. Florida Bar No. 83341 323 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of foregoing was served by U.S. "/ .r-t, Mail this ,?-~0 day of December, 2011 to: Gary Held, Esq. First Assistant City Attorney City ofMiami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Gerald B. Cope, Jr., Esq. Elizabeth Hernandez, Esq. Niesen 0. Kasdin, Esq. Jennifer C. Glasser, Esq. Akerman Senterfitt One Southeast Third A venue, 25th Floor Miami, Florida 33131-1704 LAW OFFICES OF RAFAEL E. ANDRADE, P.A. Attorney for Plaintiff 1111 Lincoln Road Suite 400 Miami Beach, Florida 33139 Telephone: (305) 531-9511 Facsimile: (305) 673-5734 By:~~~===::::;.~::,:::;=;;_...::::::..=--.= n.rt.l.JO..LOL E. ANDRADE, Florida Bar No. 83341 2 324 IN THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR MIAMI-DADE COUNTY, FLORIDA APPELLATE DIVISION APPELLATE CASE NO. 11-465 LOWER CASE NO.: BOA 3499 BEACH TOWING SERVICES OF MIAMI, INC., Petitioner, v. CITY OF MIAMI BEACH, and 1747 BAY ROAD PROPERTIES, LLC Respondents. ------------------------~/ NOTICE OF FILING STIPULATION OF DISMISSAL WITH PREJUDICE Petitioner, BEACH TOW1NG SERVICES OF MIAMI, INC., by and through its undersigned counsel hereby serves its Notice of Filing Stipulation of Dismissal with Prejudice in the above-styled matter. CERTIFICATE OF SERVICE I HEREBY certify that a true and correct copy ofthe foregoing was sent via US mail on the 1st day of March, 2012, to: Gary Held, Esq., First Assistant City Attorney, City of Miami Beach, 1700 Convention Center Drive Miami Beach, Florida 33 t 9; and Elizabeth Hernandez, Esq., Neisen Kasdin, Esq., and Jennifer Cohen Glasser, Esq., ennan Senterfitt, Counsel to 1747 BAY ROAD PROPERTIES, LLC, 1 Southeast 3rd Ave, Flo 25 Miami, Florida 33131. E:\ WORK\B\BEACH TOWING\d\NoticeDismissal3499 .doc 325 IN THE ELEVENTII JUDICIAL CIRCUIT OF FLORIDA IN AND FOR MIAMI-DADE COUNTY, FLORIDA APPELLATE DIVISION CASE NO. 11-465 AP LOWER CASE NO.: BOA File No. 3499 BEACH TOWING SERVICES OF :MIAMI, INC., Petitioner, v. CITY OF MIAMI BEACH, and 1747 BAY ROAD PROPERTIES, LLC, Respondents. STIPULATION OF DISMISSAL WITH PREJUDICE Petitioner, BEACH TOWING SERVICES OF MIAMI, INC.,("BT') and Respondents. CITY OF MIAMI BEACH("City"), "nd 1747 BAY ROAD PROPERTIES, LLC. ("1747), by and through their respective undersigned counsel, hereby, stipulate to the dismissal of the above- styled matter with prejudice, with each party to bear its own costs and attorneys' fees. AKERMAN SENTERFITT A ITORNEYS FOR RESPONDENT, 1747 ONE SOUTHEAST THIRD A VENUE 25rnFLOOR MIAMI, FLO 131 (305)374-5 BY:. __ ___. NEISEN KASDIN, ESQUIRE FLORIDA BAR NO: 302783 CITY OF MIAMI BEACH AITORNEY FOR RESPONDENT, CITY 1700 CONVENTION CENTER DRIVE 4111 FLOOR MlAMI BEACH, FL. 33139 (305) 673 • 7000 BY: ______________________ _ GARY HELD, ESQUIRE FLORIDA BAR NO: 347949 326 IN THE ELEVENTH IDDICIAL CIRCUIT OF FLORIDA IN AND FOR MIAMI-DADE COUNTY, FLORIDA APPELLATE DIVISION CASE NO. 11465 AP LOWER CASE NO.: BOA File No. 3499 BEACH TOWING SERVICES OF MIAMI, INC., Petitioner, v. CITYOF:MlAMIBEACH, and 1747BAYROAD PROPERTIES, LLC, Respondents. ----------------------------------' STIPULATION OF DISMISSAL WITH PREJlJDICE Petitioner, BEACH TOWJN(j SERVICES OF MIAMI, INC .. ("BT'') and Respondents. CITY OF MIAMI BEACH("City"), ""nd 1747 BAY ROAD PROPERTIES, LLC, ("1747), by and through their respective undersigned counsel, hereby, stipulate to the dismissal of the above- styled matter with prejudice, with each party to bear its own costs and attorneys' fees. LEVINE & PARTNERS, P.A. ATTORNEYSFORPETnJONER 1110 BRICKELL~ VENUE SUI1E 700 MIAMI, FLORIDA 33131 (305) 312-1350 BY: _____________________ _ SUZAN JACOBS, ESQUIRE FLORIDA BAR NO: 380008 AKERMAN SENTERFITI ATTORNEYS FOR RESPONDENT, 1747 ONE SOUTHEAST THIRD A VENUE 25TH FLOOR MIAMI, FLORIDA 33131 (305)374-5600 BY: _________ _ NEISEN KASDIN, ESQUIRE FLORIDA BAR NO: 302783 CITY OF MIAMI BEACH ATTORNEY FOR RESPONDENT, CITY 1700 CONVENTION CENTER DRIVE 4TH FLOOR MIAMI BEA~, FL. 33139 (305) 6 ' BY: ,ESQUIRE FLORIDA BAR NO: 347949 327 IN THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR MIAMI-DADE COUNTY, FLORIDA APPELLATE DIVISION APPELLATE CASE NO. 11-466 LOWER CASE NO.: BOA 3486 BEACH TOWING SERVICES OF MIAMI, INC., Petitioner, v. CITY OF MIAMI BEACH, and 1747 BAY ROAD PROPERTIES, LLC Respondents. ----------------------------·' NOTICE OF FILING STIPULATION OF DISMISSAL WITH PREJUDICE Petitioner, BEACH TOWING SERVICES OF MIAMI, INC., by and through its undersigned counsel hereby serves its Notice ofFiling Stipulation of Dismissal with Prejudice. CERTIFICATE OF SERVICE I HEREBY certify that a true and correct copy of the foregoing was sent via US mail on the 1st day of March, 2012, to: Gary Held, Esq., First Assistant City Attorney, City of Miami Beach, 1700 Convention Center Drive Miami Beach, Florida 33139; and Elizabeth Hernandez, Esq., Neisen Kasdin, Esq., and Jennifer Cohen Glasser, Esq., Ak an Senterfitt, Counsel to 1747 BAY ROAD PROPERTIES, LLC, 1 Southeast 3ro Ave, Floo 25 Miami, Florida 33131. E:\WORK\8\BEACH TOWING\d\NoticeDismissal3486.doc 328 LEVINE & P TNBRS, P .A. ATTORNEYS OR PETITIONER 111 o rickell 7th Fl r OBS,ESQ. 0. 380008 IN THE ELEVENTII JUDICIAL CIRCUIT OF FLORJDA IN AND FOR MIAMI-DADE CQUN1Y, FLORIDA APPELLATE DIVISION CASE NO. 11-466 AP LOWER CASE NO.: BOA File No. 3486 BEACH TOWING SERVICES OF MIAMI, INC., Petitioner, v. CITY OF MIAMI BEACH, and 1747 BAY ROAD PROPERTIES, LLC, Respondents. STIPULATION OF DISMISSAL WITH PREJUDICE Petitioner, BEACH TOWING SERVICES OF MIAMI, INC., ("BT'), and Respondents, CITY OF MIAMI BEACH("City"), and 1747 BAY ROAD PROPERTIES, LLC, ("1747), by and through their respective undersigned counsel, hereby, stipulate to the dismissal of the above· styled matter with prejudice, with each party to bear its own costs and attorneys' fees. AKERMAN SENTERFITT ATTORNEYS FOR RESPONDENT, 1747 ONE SOUTHEAST THIRD A VENUE 25m FLOOR MIAMI, FLORID 1 (305)374-5600 BY: ~~~-::--- NEISEN KASDIN'7ESQUIRE FLORIDA BAR NO: 302783 CITY OF MIAMI BEACH AITORNEYFOR RESPONDENT, CITY 1700 CONVENTION CENTER DRIVE 4TII FLOOR :MIAMI BEACH, FL. 33139 (305) 673 -7000 BY: ___________ _ GARY HELD, ESQUIRE FLORIDA BAR NO: 347949 329 IN THE ELEVENTII JUDICIAL CIRCUIT OF FLORIDA IN AND FOR MIAMI-DADE COUNTY, FLORIDA APPELLATE DIVISION CASE NO. 11-466 AP LOWER CASE NO.: BOA File No. 3486 BEACH TOWING SERVICES OF MIAMI, INC., Petitioner, v. CITY OF MIAMI BEACH~ and 1747 BAY ROAD PROPERTIES, LLC, Respondents. STIPULATION OF DISMISSAL WITH PREJUDICE Petitioner, BEACH TOWING SERVICES OF MIAMI, lNC., ("BT''), and Respondents, CITY OF MIAMI BEACH("City"), and 1747 BAY ROAD PROPERTIES, LLC, ("1747), by and through their respective undersigned counsel, hereby, stipulate to the dismissal of the above- styled matter with prejudice, with each party to bear its own costs and attorneys' fees. LEVINE & PARTNERS, P .A. ATTORNEYS FOR PETITIONER lllO.BRICKELL A VENUE SUITE700 MIAMI, FLORIDA 33131 (305) 372-1350 9~·------------------SUZAN JACOBS, ESQUIRE FLORIDA BAR NO: 380008 AKERMAN SENTERFITI ATTORNEYS FOR RESPONDENT, 1747 ONE SOUTHEAST THIRD A VENUE 25m FLOOR MIAMI, FLORIDA 33131 (305)374-5600 BY:. __________________ _ NEISEN KASDIN, ESQUIRE FLORIDA BAR NO: 302783 330 Frances, From: Sent: Rafael E. Andrade, Esq. [ralph@randradelaw.com] Friday, July 27, 2012 2:21 PM To: Brooks, Kathie Cc: Walker, Patricia; Frances, Saul; Gomez, Jorge; 'Russell Galbut' Notice of Proposed Property Taxes 2004-2003 vs. 2011-2010 Attachments: Notice of Proposed Property Taxes 2011-2010. pdf; Notice of Proposed Property Taxes 2004-2003.pdf Dear Ms. Brooks: Please see the attached Public Records for 1349 Dade Boulevard, Miami Beach, Florida 33139. The 2004-2003 Notice Proposed Property Taxes was $37,935.24. The 2011-2010 Notice of Proposed Property Taxes was $58,034-47. is an increase of 53%. Regards, Ralph Rafael E. Andrade, Esquire Law Offices of Rafael Andrade, 1111 Lincoln Road, Suite 400 Miami Beach, Florida 33139 T 305.531.9511 F 305.673.5734 c 305.216.2028 ralph@randradelaw.con1 www.randr;;;d~lf!YY:,~Qm NOTICE: This e-mail is from a law firm, Law Offices of Rafael E. Andrade, P.A. ("Firm"), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of the Firm, do not const1ue anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to the Firm in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of the Firm, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality. IRS CIRCULAR 230 Disclosure: Under U.S. Treasury regulations, we are required to inform you that any tax advice contained in this e-mail or any attachment hereto is not intended to be used, and cannot be used, to avoid penalties imposed under the Internal Revenue Code. 1 331 Roprin! of !iOUO: 02-.H33-012-IJ680 2719 NOTICE OF PROPOSED PROPERTY TAXES AND PROPOSED OR ADOPTED NON-AD VAlOREM ASSESSMENTS MIAMI-DADE COUNTY TAXING AUTHORITIES FOLIO: 02-3233-012-0680 MILLAGE CODE: 021!0 VINCENT J & BARBARA A F~:STA TRS 8660-4 VILLA LA JOLLA DR PROI'ERTY~AilDRESS: 1349 I) A I)E BINI) U:GAL llf:SCRIJ'TION: l.A JOJ,LA, CA 92037 ISLAND VIICW SUB I'll (ci !5 LOTS 1!&12 DLK16A LOT S!ZI', 179.16 SQI JAIU: FEET 2,797,031 15,!80,89 Ubrary 2,797,031 794,36 2,796,950 l'UBLIC SCHOOLS: By State Law 2,797,031 15,708,1J 2)79(,.~,50 By Loc~l llm:nd 2,797,0:11 6~287.73 2)7 1)(),950 MUNICIPAL: Miami Beach 2,797,031 17j.l84.9.5 2,7%,950 WATER VIANAG~:\1ENT: SFWMDistdd 2,797,1131 1,495.29 2,796,950 0.5451 Ever~lad"' CP 2,797,031 250,05 2,796,950 0,0910 INUEl'ENillcNT 1liSTRJCT: F.LNJ>. 2,797,031 96,50 2,796,950 Children1s Trust 2,797,031 1,39352 2,796,950 VOTER APPROVED 1liCIJ'f PAYME:>!TS: County Debt 2,797,031 1,244,68 School J)ebt 2~797~031 1,076,86 City Debt 2,797,0:11 802.75 TOTAl AD VALOREM PROPERTY TAXES 9107, 6:00 I'M, SCl!OOJ. BOAlUl AlllliTORHIM, 1450 NE 2 AVE, MIAMI, (305) 995-1226 9/14, 5:01 I'M, COMMISSION CHAMBERS, l7JKI CONV!:NTI0:-1 CE:-nER DR, 3 FL, (305) 67~ 7510 9108,5:15 PM, SFWMIJ AlllllTORHIM, 3301 G!IN CU:B RD, IJ-.1 BtnG, WI'B, FL, (561) 686-8800 9/16, 6:JHI PM, DELRAY BEACH COMMISSION CHAMBERS, 100 NW l AVE, (56!) 627-3386 9112,5:01 I'M, MDC WOLFSON CAMP\JS, JOO Nli: 2 AVE, BI .. DG 3, MIA~H, (Jll5)571-5700 SE OF ASSESSMENT A DO NOT PAY THIS IS IIIOT A BILL 156311 AI 13,439,34 502,05 !5,923.11-1 5,795,28 17,3R4.44 1,045.78 17453 96.49 1,398.48 797.!:1 APPLIES TO 2010 EXEMPTION AMOUNT 2011 EXEMPTION AMOUNT SEE REVERSE SIDE FOR EXPlANATIONS OF THE COlUMNS ABOIIE 332 MIAMI-DADE OEPARiMENT OF PROPERTY APPRAISA~ 19 16!'101 A NOTICE OF PROPOSED PROPERT'f TAXES 111 NW 1 STREET SU!T£ 710 ·'MIAMI. FI...ORIDA 33128-19134 · 06 R/E FOLIO: 02-3233-012-0690 MILLAG~ CODE; oaoo VINCENT J & 9ARBARA A FESTA TRS El6SO • 4 VI LLA LA JOLLA DR LA JOLLA CA 92037 Put> I I c Schoo I s: By State l..aw By 1-oc.,.J Board llilaml !leach W~ter Management tllstrlct Evsrglad"~ CP • I hc~epenaent _special Dlstri~~~· .;'F. I .N.D. .' Chi I dren' ~ Trust llot.er Appr<:>vo:o<;l• •D.,.bt Payments County .501'1001 Miami Be.,c;h 90!16.41 787!1.66 644.40 107.94 41.56 539.70 307.63 73B.Hi 843.40 8346.46 4039.!51 11366.93 5!1.94 680.03 436.31 913.95 1141;>,11 AND PROP"OS!.D OR AJ)OPTI;l.D NON-AD VALOREM ASS;li':SSMENTS DON()TPAY THIS IS N()'l A BILL The tliiXil!E 'ut!mri~~ wbi~ll. )•vy prt;~petty lllX<ll! agaiMt your property will aoonlwM l'llbllf .He.orlllp m adopt bu.d!l"'s aM lll>t mm Qlf lilt·'*! ytat. 'Till: pwp~m~u(ll!ovo lubll~ ll•~ U hi l'<lll"\ve Oj>ltll~ hm tbt ~~ ptlblw a~<l to m-qllllulml!l an tbtpro,!'<lll><l t.1l ct!mj;!l an<! blldl),t!l'rlcrT4T~ IIJnalAtlio~t llal)J\ lall:i11$ 11\rilxn:il¥ mll)' A1lll:!nd « Alll!l' Its propooals at llle bearing. ISLAND VIEW SUB PB 6-1i5 LOTS 11 & 12 BLK 18 A ~QT SIZ~ 17938 SQUARE F~~T ,Prop~rty Addr' 1349 DADE BlVD 7834.38 3615.22 9686.10 ll24.B5 13'7.93 436.31 91~.96 11"15. 11 9/07, fi: 01 PM, ~ j SS I ON CHAMBERS 111 NW 1. ST, MIAMI, FL (7'il6) :,131-6321 9/0B, 5~01 PM, SCHOOL BOARD AUDITORIUM 1450 NE 2 AV~. MIAMI, FL (305) 995-1226 9/09, 5:01 PM, COMMISSION CHAMBERS 1'700 CONV~NTJON CTR OR (305) 673-7510 9/07. 5;1p PM. ~ DIST AUDITORIUM 330i QVN CLUB RD, WPB (561) 696-8900 9/08, 6:30PM. FO:!..I-SMERE. FL 9/13, 6·~01 ?M, 1450 NE 1:! AVF., c I TV HALL. 21 S. CYPRESS S: ) (5&1) 627-33ae I SCHOOL BOARD AUDITORIUM MIAMI. FL (306) 571-5700 REFER TO COUNTY PUBLIC HEARING ABOVE. REFER TO PUBLIC SCHOOL H~ARING ABOVE< REFER TO MIAMI BEACH HEARING ABOVE. • S~E REVERSE SIDE FOR ~XPLANATIONS, Taxable Value 1070402 1530899 Sr. Taxable 0 Total (11m IUl\0\.Ul.t is 11lclud<Xi in Tots.)j'ropmy TM!!$ above) lfyo~ ~lll:le ll'a.ti<llil l'll!lle of yam property is il1ll11111!!11-le or OQ~~ ogt r•£1..,1 fair market value, cr if you are emitlcd to snel<<mptiQTI !hat is llllt refl~~t.;d allow, ~t.a.ot yQut caunty pmpooy appraloor at: (305} 375-4021 111 NW 1 ~~ET GTH F~OR {2;20 AM TO 4:30 PM) lf th•ll"'''•ey •IIF"i>•r'' ~Ill ooab!e ttl r*lYe th¢ llllltttt ~ «:; !'tlW!!ll vall><> or an exe!llllllotl, you may file a. petition fur adju:;tmolll: wltm th~ va1110 Adjustmem Board; ~,~t!ltlonfo!lllll&JeaVI!il.llblllfl?mtbt"!ffi!ltypropol'!ya~trlln<lnmatMfudoo ~· ~~f~rc; SEPT. 2.0. 20D4 Your flne.lta.x bill may oorr!sin non-o.d valorem •-SI'Ille1lta wltlc'll lllllY l1llt b~ l'l'flec\W Qll tlli&11.otic' ~oh 2$ "'!'<soments for roadB, drainage, gaibsgc, l'ir~, tighling, wat..,, •ewe>', or olher governmental scorvio•• .,d iiu;l!ltiC!l wlllch tw~.y bt ltivled byyom county, ~icy, o~ ~ny ;~ooi•l di$tr)ot. 333 Frances, Saul From: Sent: To: Cc: Rafael E. Andrade, Esq. [ralph@randradelaw.com] Friday, July 27, 2012 10 29 AM Brooks, Kathie; Walker, Patricia Gomez, Jorge; Frances, Saul; 'Russell Galbut' HI Subject: U.S. Energy Information Administration: Miami, FL All Grades All Formulations Retail Gasoline Prices Attachments: EMM_EPMO_PTE_ YMIA_DPGa.xls Dear Ms. Brooks: Attached, please find the data from the U.S. Energy Information Administration for Miami, FL All Grades All Formulations Retail Gasoline Prices from 2004 ($1.967 Dollars per Gallon) to 2011 ($3.696 Dollars per Gallon). The increase is 88%. Please note that data from the U.S. Energy Information Administration for Weekly Miami, FL Grades All Formulations Retail Gasoline for the week of 07/23/12 $3.704 Dollars per Gallon. I hope this information is helpful. I am also trying to obtain my clients Property Tax data from 2004 to 2011. Regards, Ralph Rafael E. Andrade, Esquire Law Offices of Rafael Andrade, 1111 Lincoln Road, 400 Miami Beach, Florida 33139 T 305.531.9511 F 305.673.5734 c 305.216.2028 ralph@randradelaw .com www.randradelaw.com NOTICE: This e-mail is from a law firm, Law Offices of Rafael E. Andrade, P.A. ("Firm"), and is intended solely for the use of the individual(~) to whom it is addressed. If you belie\'e )'0\1 received this e-mail in error, please notit)' the sender immediately, delete the e-mail frum your computer and do not copy or d.isclose it to anyone el<>c. If you are not an existing client of the Firm, do not construe anything in this e-mail to make you a client unless it contains n StW<:ific statement to that effett and do not disclose anything to the Firm in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of the Firm, you sh()Uld tnalntaln its contents in confidence in ordt!r to preserve: the attorney-client or work product privilege that may be available to protect confidentiality. IRS CIRCULAR 230 Disclosure: Under U.S. Treasury regulations, we are required to inform you that any tax advice contained in this e-mail or any attachment hereto is not intended to be used, and cannot be used, to avoid penalties imposed under the Internal Revenue Code. 1 334 Workbook Contents Click worksheet name or tab at bottom for data Worksheet Name Description Release Date: Next Release Date: Excel File Name: Available from Web Page: Source: For Help, Contact: Miami, FL All Grades All Formulations Retail Gasoline Prices (Dollars p 7/23/2012 7/30/2012 emm_epmO_pte_ymia_dpga.xls http:lltonto.eia.gov/dnavJpet!hist!LeafHandlecashx?tr'"PET&s=EMM Ef Energy Information Administration infoctr@eia.doe.gov (202) 586-8800 335 Back to Contents Source key Date 2003 2004 2005 2006 2007 2008 2009 2010 2011 Data 1: Miami, Fl All Grades All Formulations Retail Gasoline Prices (D EMM_EPMO_PTE_ YMIA _DPG Miami, Fl All Grades All Formulations Retail Gasoline Prices (Dollars per Gallon) 1.631 1.967 2.443 2.726 2.927 3.447 2.521 2.93 3.696 336 HI IT Frances, Saul from: Rafael E. Andrade, Esq. [ralph@randradelaw.com] Sent: Friday, July 2012 8:42AM To: Brooks, Kathie; Walker, Patricia Cc: Gomez, Jorge; Frances, Saul; 'Russell Galbut' Attachments: Bureau of Labor Statistics Data: Miami Dade County, Florida -Motor Vehicle Towing ATT00072.pdf Dear Ms. Brooks: Attached, please find Bureau of Labor Statistics Dade for Miami-Dade County, Florida, for Motor Vehicle towing from 2004 to 2011. The increase 29%. Regards, Ralph Rafael Andrade, Esquire Law Offices Rafael Andrade, P .A. 1111 Lincoln Road, Suite 400 Miami Beach, Florida 33139 T 305.531.9511 F 305.673.5734 c 305.216.2028 ralph@randradelaw.com www.randradelaw.com NOTICE: This e-mail is from a law firm, Law Offices of Rafael E. Andrade, P.A. ("Firm"), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of the Firm, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to the Firm in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of the Firm, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality. IRS CIRCULAR 230 Disclosure: Under U.S. Treasury regulations, we are required to inform you that any tax advice contained in this e-mail or any attachment hereto is not intended to be used, and cannot be used, to avoid penalties imposed under the Internal Revenue Code. From: "Brooks, Kathie" <KathieBrooks@miamibeachfLgov> To: "'Rafael E. Andrade, Esq.'" <ralph@randradelaw.com>, "Walker, Patricia" <P;;~1ri!:1@Walke.r:@rni!:lmibeachfl,gov> Cc: "Gomez, Jorge" <JorgeGomez@miamibeachfl.gov>, "Frances, Saul" <SauiFrances@miamibeachfl.gov>, "'Russell Galbut'" <r:g;;~Jb.ut@CrescentHeig hts.com > Subject: Federal Minimum Wage: 2004 vs. 2012 Date: Thu, Jul 26, 2012 7:20pm That helps-but I was hoping for more specific information re average wage rates from the Bureau of Labor Statistics-or even any for the Miami-Fort lauderdale area. Trish: lets touch bases in the am. Kathie G. Brooks Interim City Manager 1 337 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7010 I Fax: 305-673-7782/ www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. from: Rafael E. Andrade, Esq. [mailto:ralpb@nmdri1!diala~~rn] Sent: Thursday, July 26, 2012 5:28 PM To: Brooks, Kathie; Walker, Patricia Cc: Gomez, Saul; 'Russell Galbut' Sulbje1ct: Federal Minimum Wage: 2004 vs. 2012 Dear Ms. Brooks and Ms. Walker: The Federal Minimum Wage was $5.15 m 2004. The Federal Minimum Wage m 2012 is $7.25. This reflects approximately a 41% Is this the type supporting information that you are seeking? Regards, Ralph Rafael E. Andrade, Esquire Law Offices of Rafael E. Andrade, P .A. 1111 Lincoln Road, Suite 400 Miami Beach, Florida 33139 T 305.531.9511 F 305.673.5734 c 305.216.2028 ralph@randradelaw.com wvv\v.randradelaw.~pm NOTICE: This e-mail is from a law finn, Law Offices of Rafael E. Andrade, P.A ("Firm"), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of the Firm, do not const!Ue anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to the Firm in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of the Firm, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality. IRS CIRCULAR 230 Disclosure: Under U.S. Treasury regulations, we are required to inform you that any tax advice contained in this e-mail or any attachment hereto is not intended to be used, and cannot be used, to avoid penalties imposed under the Internal Revenue Code. 2 338 Bureau of Labor Statistics Data http://data.bls.gov/pdq/SurveyOutputServlet 1 of2 A to Z Index I FAQs 1 About BlS 1 Contact Us SUbscri:Je to E-mai Updates Ill Follow us ) I What's New I Release Calendar I Site Map Search BLS.gov Home I Subject Areas Databases & Tools I Publications Economic Releases I Beta Databases, Tables & Calculators by Subject FONT SIZE: Change Output Options: From: 2004 To: 2011 C!) include graphs More Formatting Options .... Data extracted on: July 26, 2012 (11:53:58 PM) Quarterly Census of Employment and Wages Series Id: ENU12086505488410 Florida State: Area: Miaml-Dade County, Florida Industry: NAICS 488410 Motor vehicle towing OWner: Size: Type: rf Private All establishment sizes Average Annual Pay 26,000 ~ 24,000 c ;;:; "' "' ITl ~ 22.000 20,0001---,----,---.....,.---..,..----,,---.,.........---l 2004 2005 2006 2007 20013 2009 2010 2011 Download: ~ Year Annual TOOlS CAlCUlATORS HElP INFO Areas at a Glance Inflation Help & Tutorials Whars New Industries at a Glance Location Quotient FAQs Careers @ BLS Economic Releases Injury And Illness Glossary Find It! DOL 339 RESOURCES Inspector General (OIG) Budget and Performance No Fear Act .. Bureau of Labor Statistics Data http://data.bls.gov/pdq/SurveyOutput.~ervlet 2of2 Databases & Tables Abou!BLS Join our fv'ailing Lists Linking & Copyright Info USA.gov Benelits.gov Disability.gov fv'aps Contact Us Freedom of Information Ad I Privacy lit Security Statement I Disclaimers I Customer Survey I I11110rtent Web Site Notices U.S. Bureau of Labor Statistics I Postal Square Building, 2 Massachusetts Avenue, NE Washington, DC 20212-0001 www.bls.gpv I Telephone: 1-202-691-5200 I TDD: 1-800-877-8339 I Contact Us 340 u. 1--m I >< w 341 CJ I- cc -I >< w 342 w 343 l- ea I >< w 344 EXHIBIT J AMENDMENT NO.2 TO THE ADMINISTRATIVE RULES AND REGULATIONS FOR THE POLICE AND PARKING TOWING PERMITS (Dated February 8, 2012) * * * * 3. PERMIT FEE/MONTHLY BILLING Permittee shall pay to the City a monthly Permit fee, in the amount of $25.00 $30.00, effective as of March 1. 2012; $35.00 effective as of March 1, 2013; and $40.00, effective as of March 1. 2014, for each vehicle towed. The monthly Permit fee shall be reduced by twenty gercent (20°/o} gercent for each vehicle towed that receives a twenty (20%) percent discount pursuant to Section 22.L herein. The City shall bill Permittee by the 1Oth of each month for all tows occurring in the previous month. A late charge of $50.00, plus the greater of (i) eighteen percent (18%) interest per annum, or ii) the maximum rate allowable under Florida law, shall be assessed on all payments received after the 20th day of the billing month. Payments to the City shall be by check and remitted to the City of Miami Beach Finance Department (Revenue Section). Checks shall be clearly marked "Police Tow" or "Parking Department Tow." * * * * 5. STORAGE AREA/STORAGE FACILITY(IES) Permittee shall have available outside storage for a minimum of thirty-one (31) vehicles and no more than a maximum of one hundred (1 00) vehicles. Said storage area will be enclosed in accordance with applicable zoning requirements. At a minimum, Permittee shall surround the storage area with a chain-link fence or solid-wall type fence at least six (6') feet high. The storage area shall be sufficiently illuminated to reveal persons and vehicles at a distance of at least 150 feet during evening hours. Permittee shall use such security measures as necessary to prevent theft, vandalism, stripping and dismantling of parts from vehicles in all storage areas. 1 345 Permittee shall provide a completely enclosed inside storage area (solid walls, roof, and access door) for at least five (5) vehicles. Said area will be secured against entry by unauthorized persons. All vehicle keys shall be secured separately. In the event Permittee's storage areas are filled to capacity, the Permittee shall not be relieved of its responsibility with regard to storage of vehicles pursuant to the Permit, and shall be required to make alternate arrangements for storage (as required to comply with the terms of the Permit). Any storage area proposed to be utilized by Permittee, which was not identified in its Permit application, must obtain the prior written approval of the City Manager or his designee prior to commencement of such use. Permittee's storage area must be located within the city limits of Miami Beach. Vehicles shall be stored for a minimum of one (1) seven (7) days, after which they may be removed to a storage area outside the city limits of Miami Beach, but within Miami- Dade County, Florida. Any vehicle with a "police hold," shall not be stored outside the city limits of Miami Beach. * * * * 11. EQUIPMENT * * * * E. TECHNOLOGICAL IMPROVEMENTS (1) Effective March 1. 2012, and by no later than the end of the first Permit year. or February 28, 2013, Permittee shall, at its sole cost and expense. have procured, installed. and implemented a GPS tracking system on all of its vehicles, in accordance with the following procedures: (a) Within thirty (30) days from the effective date of the Permit or by March 31, 2012. the City Manager or his authorized designee shall provide Permittee. in writing. with the City's minimum specifications and standards for the 2 346 proposed GPS tracking system, which specifications and standards shall be commercially reasonable inasmuch as the City will not prepare same with the intent of steering Permittee toward a particular vendor, product and/or brand. (b) Within sixty (60) days from the date of the City's minimum specifications and standards for the GPS tracking system, the City and Permittees shall meet to prepare a mutually agreed upon schedule for Permittee's selection. procurement installation, and implementation of the system on Permittee's vehicles. {c} The City shall have prior written approval. which approval shall not be unreasonably withheld, of (i) the vendor selected by Permittee, and (ii) the GPS tracking system to be purchased by Permittee from said vendor (Note: As to this latter right. the City's approval rights over the proposed system to be purchased shall be limited to confirming that the proposed GPS tracking system complies and meets with the City's specifications and standards for same). (d) Notwithstanding (a)-(c) above. Permittee shall have the approved GPS tracking S)!Stem installed and operational in all vehicles, and certify to the City, in writing, of its compliance with this requirement, no later than sixty (60) days prior to the end of the first Permit year (or by December 30, 2012). Non- compliance with this requirement shall be grounds for suspension or revocation of the Perm it {2) Effective March 1, 2012, and in addition to the requirement ln subsection 11.E(1) above. at any time following the end of the first Permit year. the City Commission may,, in its sole option and discretion~ review and~ following such review. require Permittee to implement the following additional technological improvements; one (1) each during the second and third Permit years, respectively: (a) Towing software (which includes a dispatch tracking system); and (b) In-vehicle cameras to monitor and record tows in real time. 3 347 12. EMPLOYEES OF PERMITTEE Permittee shall be solely responsible for selecting, training and employing (or otherwise retaining) such personnel as is necessary for Permittee to satisfy the requirements of the Permit and to satisfactorily perform the work and services required under the Permit. ~ Permittee shall perform driver's license screening on all employees with driving responsibilities and a copy of each employee's driver's license shall be kept on file by Permittee and made available upon request of the City Manager or his designee. ~ Permittee shall be reguired to provide all employ,ees with uniforms. which shall be subject to the prior written approval by, the City, Manager or his designee, c. Permitttee shall perform drug test screening on all employees and provide pass/fail results to the City Manager or his designee, upon reguest. Any and all employees and/or other individuals retained by Permittee, shall not, for any purposes, be considered to be employees of the City of Miami Beach, and Permittee shall be solely responsible for their supervision and daily direction and control. It is the intent of the City and Permittee, and Permittee acknowledges, that the Permittee is legally considered to be an independent contractor and that neither it, nor its officers, directors, employees, agents, contractors or servants, shall, under any circumstances, be considered officers, directors, employees, contractors, agents or servants of the City, and that the City shall at no time be legally responsible or liable for any negligent acts, errors, omissions, or misconduct on the part of Permittee, or any of its officers, directors, employees, contractors, agents or servants. Additionally, toward that end, Permittee agrees to have no markings on either vehicles, buildings, or correspondence that indicates or tends to indicate any official relationship between the Permittee and the City of Miami Beach. * * 4 348 22. MAXIMUM ALLOWABLE RATES The City Commission shall establish the maximum rates for towing, removal, and storage services provided under the Permit. The Permittee shall not charge in excess of the following maximum allowable rates established by the City (as same may be amended from time to time): A. The first eight (8) hours of storage shall be without charge. Thereafter the following storage rates shall apply per day: * * * * (2) Outside-Exterior * * * * (b) Any vehicle less than 20 feet in length and 8 feet in width * $25.00 $30.00. effective March 1. 2012 $36.00, effective March 1, 2014 * * * B. Tow Rate Class "A" Tow Truck and Class "A" Car Carrier, including: 1. First 30 minutes at scene $115.00$140.00. effective March 1. 2012 2. Unlocking door $150.00. effective March 1, 2013 3. Dropping/hooking up linkage $155.00, effective March 1. 2014 4. Wheel lift equipment 5. Use of Dolly * * * * H. Special and additional charges * * * * 5 349 2. Mileage charges (per mile): Maximum per tow: 3. Administrative fee: ~ $6.00, effective March 1, 2012 $7.00, effective March 1, 2014 $35.00 $42.00. effective March 1. 2012 $49.00, effective March 1, 2014 $30.00 $35.00 maximum per tow. effective March 1, 2012 $41.00 maximum per tow, effective March 1, 2013 $44.00 maximum per tow, effective March 1, 2014 4. Dollies or Flatbed Services (per job): 5. Labor to Engageffow: $35.00 $40.00, effective March 1, 2012 $47.00, effective March t 2013 $50.00, effective March 1. 2014 This is not an automatic fee and may only be imposed when access to enter the vehicle is required to properly engage/tow vehicle. 6. After Hours Fee: $25.00 $30.00. effective March 1 I 2012 $32.001 effective March 1 I 2013 $33.00, effective March 1, 2014 An After Hours Fee may be assessed for tows retrieved between the hours of 8:00 PM and 8:00AM. $30.00 * * * * J. Indexing Provision: The City Manager or his authorized designee may initiate an administrative review of the Maximum Allowable Rates whenever the cumulative change in the 6 350 Consumer Price Index (CPI -All Urban consumers -US City average -All items - Base Period 1982-84 = 1 00) (CPI). b~tyy~E:}n the current CPI and the date of the CPI used to establish the last rat~c:.lc:JJ~~tment. is greater than five percent (5%). Upon reaching this threshold and. further. following a survey conducted by the City of maximum allowable towing rates for similar services in surrounding communities. and/or an analysis to review the current cost of providing such services. the City Manager or his authorized designees shall grepare a recommendation as to whether there should be an adjustment to the Maximum Allowable Rates; which recommendation shall be subject to final approval by the Mayor and City Commission. * * * * L. Miami Beach Resident Discount Effective March 1, 2012. Permittee shall reduce the total towing charges by twenty percent (20%) for any City of Miami Beach resident whose vehlcle has been towed. City residents shall be entitled to such discount two (2) times per Permit year (for every year during the Permit Term}. per resident, and per Permittee. This shall eguate to a maximum of four (4} annual discounts for a City resident during each Permit year during the Term. In order to be eligible for the City resident discount, residents must provide proof of residency within the City of Miami Beach, and their driver's license information must match the registration information of the vehicle being towed. The monthly Permit fee shall be reduced by twenty percent (20%) for each vehicle towed that receives a discount pursuant to this section. Permittee shall maintain a log documenting discounts given to City residents pursuant to this section, which log shall be available for inspection and copying by the City Manager or his authorized designee) upon reguest. * * * * 7 351 27. INSPECTIONS AND AUDITS Permittee agrees that all of its records, equipment, personnel, office and storage facilities will be subject to periodic inspection and audits by the City Manager or his authorized representative(s) and, in the case of inspection checks, without the need for prior notice to Permittee. Effective March 1, 2012, and notwithstanding the parties' acknowledgement of the City's existing rights to audit and inspect Permittee pursuant to this Section 27, the City Manager or his authorized designees (including, without limitation, the City's Chief Financial Officer and Internal Auditor) shall meet with Permittee to develog mutually agreed upon procedures. systems, and controls for the purpose of the City conducting financial audits concerning Permittee's operations pursuant to the Permit. In the event that the City and Permittee are not able to develop mutually agreed ugon procedures. systems, and controls for City audits of Permittee's operations within ninety (90) days from the commencement of the Permit Term (or by June 1, 2012), then the City Manager shall refer this matter to the Finance and Citywide Projects Committee for discussion including. without limitation. discussion of disputed issues. The Finance Committee shall review the procedures that have been developed. including any disputed items and issues. and may make a recommendation as to same and. additionally, may recommend that the matter be referred for review by the full City Commission. The City Commission's decision on the matter shall be final and binding upon all parties. F:\ATTO\AGUR\AGREEMENT\Towing Rules and Regs-Amendment No. 2 (1-31-12).docx 8 352 Bureau ofLabor Statistics Data Databases, Tables & Calculators by Subject From: ~.,;I z;;.;""' _ __, To: l~..,;z;;..o';...' -..1 0nclude graphs Data extracted on: November 4, 2012 (6:42:58 PM) Series Id: ENU1208650554111 State: Florida Area: Miami-Dade County, Florida Industry: NAICS 54111 Offices of lawyers Owner: Private Size: All establishment sizes Type: Average Annual Pay ill 90,00 [L "iii ::; c c o<l:: 1D 85,000 OJ ['!! I]) ~ 80,00 Download: · Year ' Annual 2.004 78431 2.005 2006 2007 2.008 80247 89119 89665 93303 2009 90964 2.1)10 89088 2011 i 91691 2004 2005 2006 !?% f' 2007 http://data.bls.gov/pdq/SurveyOutputServlet[ll/4/20 12 6:50:27 PM] 2008 Veer 2009 2010 353 FONT SIZE: More Formatting Options .... 2011 Bureau of Labor Statistics Data Databases, Tables & Calculators by Subject From: 1,_,_.004 _ __. To: ~..1 '-"'-' _ _. 0nclude graphs Data extracted on: November 4, 2012 (6:35:50 PM) Series Id: ENU12086505541211 State: Florida Area: Miami-Dade County, Florida Industry: NAICS 541211 Offices of certified public accountants Owner: Private Size: All establishment sizes Type: Average Annual Pay 75,00 ttr ~ 70,000 m :::J c c '<( ij 65,000 li:l < 2004 Download: Year Annual 2004 58955 2005 64206 2006: 67619 2007: 71345 2008 71864 2009 i 74145 2010 73306 20:U. 74644 2005 2006 r7.f' 2007 http://data.bls.gov/pdq/SurveyOutputServlet[ll/4/2012 6:46:26 PM] 2008 2009 Year 354 2010 l FONT SIZE: More Formatting OJJ'I::ions .... 2011 10/29/2012 01:01 0000000000 EXHIBIT M CITY OF MIAMI BEACH CERTIFICATE Of USE, ANNUAL FIRE FEE, AND BUSINESS TAX RECEIPT 1700 Convention Center Drive Miami Beach, Florida 33139-1819 RECEIPT NUMBER: Rl-88098263 / Beginning: 1010112012 TRADE NAME: BEACH TOWING SERVICES, INC. • IN CARE OF: MICHAEL FESTA ADDRESS: 1349 DADE BLVD MIAMI BEACH. Fl33139-1420 A penalty ia impoaad for failum to keep 1his Business Thx Receipt exhlbltad conspicuously at your f.)lflt:e of b~. A oortffleate of Use I Business 1llx Receipt ls$Ued under this article does not waive or supei'SQde other City laws. does not cons\itlfto City apptQVal of a particular bus!oesse~ and doe& oot exeu&e the licensee from all Oltwlt laws applicable to the /lcernJe:e'~> ousin~aa. This ReCeiPt may be tmnsferred: A. Within 30 days of a bOnafide sale, otherwise iii wmplete ann11a1 payment l!ii dve. 13. To another location within 11\e City if proper approvals and tl\e Receipt are obtllined prior to the opening of the new IOGation. Additional Information Storage Locations FROM: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL33139-1819 BEACH TOWING SERVICES, INC. 1349 DAJJE BLVD MIAMI BEACH, FL 33139-1420 lnll ... n ... ,u •• u, ld u•nll.lulul.m .... l .. ll Expires: 0913012013 Parcel No: 0232330120680 TRADE ADDRESS: 1349 DADE BLVD Code Certlficam of UseiOccupation 020100 TOW TRUCK. WRECKER 021100 WAREHOUSE 021400 WRECKER/TOWING SERVICE 021401 WRECKERIINMOBIUZATION SERVICE CATEOFUSE I# Of VEHICLES C_U #Or UNITS WarehOUml; FF Wtedter_Tow Sew FF W~e:r_lnmbl Serv FF City of M1ami Beach-Florida Finance Department 1 City Hall 1227221-1 09/28/2012 BRi T105 fSW 7 5500 y v y F;i Sep2812012 10;44AM Tr&ns#21-21 Name: BEACH TOWING SER¥1CES, INC. BEAC Addi: 1349 DADE BLVD MIAMI BEACH,FL 33 21 $2356,01 LIC -Ucense * Custol!ler #: 528032 Act1v1ty #: 00070886 1 ITEH(S): TOTAL: $2356.01 Check (00029794) PAID $2358.~ Have a n1ce day! PRESORTEO FIRST CLASS U.S. POSTAGE PAID MIAMI BEACH, FL PERMIT No 1525 355 ~· @ "' .~ ~· ··o ~ "' 0. " >< "' e. E ;;:. ·~ ru ' "l '" D. 2 ,_ 1- '" ., ;I -"' ~~ fol; ' .;: 1l 356 10/29/2012 01:01 0000000000 PAGE 08/09 :A cerliliCate of use and busines$ !icen5e i&sued under lilis artie~& ;CION not waive or~ other :c~ty ~ dtl"??:iiltOt~<r~ty ;appmwl of any p:il~f bus~ laOOvlty and~ not~~ t~te 1. ,!~from m1 ather la\ll3 , :appliCable to 1he llcemlee's ~-l CITY OF MIAMI BEACH .. LICENSE SECTION CERTIFICATE OF USE, ANNUAL FIRE FEE AND OCCUPATIONAL UCENSE REN~WAL NOTICE fail\ml w~ ;m ec.w~al Uoe~ of~~ SepWmber 30, 2004 is a violatioo of the City ofNililmi Bed C«<e Sidon 102. Altfcie v. ~may remttitt ~and eddilional penaltles.. F"""""~-m...,.•J<f~=-"'w,.....'llfi-!.leaWl.,.,~---t --·-·--. ~-------..,--.....,~;;;;;;:;;:;:m;:;;;;:;:~::==~=.---·- !lll'tt't'ON~. •.---i siuNG 11\fQUJRI.E$ pm.-.-·--.<~"'""""'"'"'"'•-·-.. "•m.o~H-'• ~ IIT,J.:-7-42.0 RI..860962G3 i 100 B1WNG I~UIRIES -~·--'""'-···~-·--·:·"""'''"".. (305) &73-72'14 BEACH TOWING SERVICE -~--~~-, ____ !, ... _,_ ___ ,. ~ ____ , __ A __ a ___ ,0 -----"--••"-''"'' -·- BEACH TOWING SERVICE 1349 DADE BLVD MIAMI BEACH. A.. J.,U ••• II •••• II*.II.I.I ..... II.I..I •• LIII •••• I •• ILI ..... UI 1 SU~MtA''I'tf.)N·i· -~~!Pm-'I ! ~Busii"'I\\SS 1ypr. COftP c.t. of U.: ~ i !AIIHamels rl~ orlndMd-. ot~ «~ed~ j 0600 ! MARK FESTA ! \ ,· ~ ' : V1IICEM" FerrA ; . 13411 DA~JE; HLW ·-~--~-....~R--~_1~--------~~--------------~~: ~1~ :~~ ~;!II --------~---------95021100 '.~6~'!:.--~~-.. -· ----~-----..~--l 95021<400 ...... ·-·--90021401 ~-~~-1¥1~--.. '-"-~tlt'~ ~~llle~l'lllll~-~ ... 'ld.all~ ~hi>tW.!'IIlllbooon~ ..... ~~-aill'lllll~fVn!talld ~~"'li!IA~--md~--~ ... ~ ~~~--:--:--. c:-----··----.. ~---··-·--·--··----·"i LMARKFESTA : OOm<r'lO Nomt . 624-7213 BEACH lOWING SERVICE 13491JADE 13t...VO MIAMI BEACH, Fl. 33139-1410 --o;;a;~-· !!34-2128 i l"to>nooll.-~---, 357 A. AIITGMII ~mustMndacurrwlwPYI>f. 1 SliaiB l.:iCIIII\IIIe. ! B. TO~'J'OIWti--a&daltl~~ .; .,.~-Ule~~ : ~ lttll$tbe ... 1 c. ~ll'l;llwsmr~to\llaMAJUtm ~-~by~t;JUtimlotm:t ~~ 7 i Twr T 1'\J(:k, Wrtlc:iker 1: WarehOUM 1 . Wm:kerll"owlng &lf\lice 1: Wll!ldl:~n $1,100.00~ $2!il9.00 $173.00 $173.00 :. ,,<> THIS PAGE INTENTIONALLY LEFT BLANK 358 R7 -Resolutions R7D1 Alternate Resolution And Administrative Rules And Regulations For Police And Parking Towing Permits. (Requested by Commissioner Jonah Wolfson) 359 Agenda Item R 1 b / Date /1-llf-1~ NO. ______ _ 360 WHEREAS, on October 24, 2012, a request by the Permittees to defer Item No. R7P, regarding Towing Permits, to the November 14, 2012, City Commission Meeting, was approved by the Mayor and Commission; and WHEREAS, in the City Commission Memorandum for ~enda Item R7P dated October 24, 2012, the City Administration provided a summary of the towing issues which were (most recently) discussed at the FCWPC on January 19, 2012 (see Item Nos. 1-7 on pp. 3 and 4 of the 10/24/12 City Commission Memorandum for Agenda Item R7P); and WHEREAS, the City Administration concurs with, and recommends that the City Commission approve Item Nos. 1-6; which items are summarized as follows (and also set forth, in full, in the 10/24/12 City Commission Memorandum for Agenda item R7P). Item 1 - Item 2 - Item 3 - Item 4 - Item 5 - Item 6 - renewal of the Permittees' police and parking towing permits, with issuance of new permits for a three (3) year term; approval of certain "enhancements" required of Permittees, such as employee uniforms, employee drug screening, driver's license screening, and reduction of the storage requirement within the City limits; technological improvements; establishment of a City of Miami Beach "resident discount" for public tows; stronger City audit rights for police and parking tows; dismissal of existing lawsuits filed by Beach Towing against the City; and WHEREAS, Item No. 6, the dismissal of certain litigation instituted against the City by Beach Towing Services, Inc., has already occurred; and WHEREAS, Item No. 7 pertains to the to the Permittees' request for an increase in certain Maximum Allowable Rates, and in support thereof, Permittees' have cited increases in the Consumer Price Index and operational costs since the last time the Maximum Allowable Rates were adjusted in 2004, and WHEREAS, the City Administration is unable to make a recommendation as to Item No. 7 based upon the lack of data specific to Permittees' request; and WHEREAS, upon the City Commission's approval of Item Nos. 1-7 above, the City Administration will incorporate the approved Items into Amendment No. 2 to the Rules and Regulations; all as more particular! set forth in Amendment No. 2 to the Administrative Rules ~atians or a tee and ng Tow:ng Permits, attached and incorporated as "A~ hereto. ' 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 the issuance of new police and parking towing permits to Beach Towing Services, Inc., and Tremont Towing, Inc., with said permits having a three (3) year term, commencing on December 1, 2012 and ending on November 30, 2015; and further approving Amendment No. 2 to the Administrative Rules and Regulations for Police and Parking Towing Permits, attached and incorporated as Exhibit "8" hereto. 361 PASSED AND ADOPTED this ____ day of _____ __. 2012 MAYOR ATTEST: CITY CLERK 362 363 AMENDMENT NO.2 TO THE ADMINISTRATIVE RULES AND REGULATIONS FOR THE POLICE AND PARKING TOWING PERMITS (Dated November 14, 2012) * * * * 3. PERMIT FEE/MONTHLY BILLING Permittee shall pay to the City a monthly Permit fee, in the amount of $25.00 $30.00, effective as of December 1. 2012: $35.00 effective as of December 1. 2013: ang $40.00. effective as of December 1. 2014. for each vehicle towed. The monthly Permit fee shall be reduced by twenty percent (20%) percent for each vehicle towed that receives a twenty (20%) percent discount pursuant to Section 22.L herein. The City shall bill Permittee by the 10th of each month for all tows occurring in the previous month. A late charge of $50.00, plus the greater of (i) eighteen percent (18%) interest per annum, or ii) the maximum rate allowable under Florida law, shall be assessed on all payments received after the 20th day of the billing month. Payments to the City shall be by check and remitted to the City of Miami Beach Finance Department (Revenue Section). Checks shall be clearly marked "Police Tow" or "Parking Department Tow." * * * * 5. STORAGE AREA/STORAGE FACILITY(IES) Permittee shall have available outside storage for a minimum of thirty-one (31) vehicles and no more than a maximum of one hundred (100) vehicles. Said storage area will be enclosed in accordance with applicable zoning requirements. At a minimum, Permittee shall surround the storage area with a chain-link fence or solid-wall type fence at least six (6') feet high. The storage area shall be sufficiently illuminated to reveal persons and vehicles at a distance of at least 150 feet during evening hours. Permittee shall use such security measures as necessary to prevent theft, vandalism, stripping and dismantling of parts from vehicles in all storage areas. Permittee shall provide a completely enclosed inside storage area (solid walls, roof, and access door) for at least five (5) vehicles. Said area will be secured against entry by unauthorized persons. 364 All vehicle keys shall be secured separately. In the event Permittee's storage areas are filled to capacity, the Permittee shall not be relieved of its responsibility with regard to storage of vehicles pursuant to the Permit, and shall be required to make alternate arrangements for storage (as required to comply with the terms of the Permit). Any storage area proposed to be utilized by Permittee, which was not identified in its Permit application, must obtain the prior written approval of the City Manager or his designee prior to commencement of such use. Permittee's storage area must be located within the city limits of Miami Beach. Vehicles shall be stored for a minimum of one (1) seven (7) days, after which they may be removed to a storage area outside the city limits of Miami Beach, but within Miami-Dade County, Florida. Any vehicle with a "police hold," shall not be stored outside the city limits of Miami Beach. * * * * 11. EQUIPMENT * * * * E. TECHNOLOGICAL IMPROVEMENTS (1) Effective December 1, 2012, and by no later than the end of the first Permit year, or December 31, 2013, Permittee shall, at its sole cost and expense, have procured, installed, and implemented a GPS tracking system on all of its vehicles that provide towing services to the City pursuant to the Permit. which will be accessible to the City for monitoring purposes only, in accordance with the following procedures: (a) Within thirty (30) days from the effective date of the Permit or by December 31. 2012. the City Manager or his authorized designee shall provide Permittee. in writing) with the City's minimum specifications and standards for the proposed GPS tracking system, which specifications and standards shall be commercially reasonable inasmuch as the Citv will not prepare same with the intent of steering Permittee toward a particular vendor, product and/or brand. 365 (b) Within sixty (60) days from the date of Permittee's receipt of the Cit~'s minimum specifications and standards for the GPS tracking system. the City and Permittee shall meet to prepare a mutually agreed upon schedule for Permittee's selection. procurement installation. and implementation of the system on Permittee's vehicles that provide towing services to the City pursuant to the Permit. (c) The City shall have prior written approval. which approval shall not be unreasonably withheld, of lil the vendor selected by Permittee, and (ii) the GPS tracking system to be purchased bv Permittee from said vendor (Note: As to this latter right. the City's approval rights over the proposed system to be purchased shall be limited to confirming that the proposed GPS tracking system complies and meets with the City's minimum specifications and standards for same). (d) Notwithstanding (a)-(c) above. Permittee shall have the approved GPS tracking system installed and operational in all vehicles that provide towing services to the City pursuant to the Permit, and certify to the City, in writing, of its compliance with this requirement no later than sixty (60} days prior to the end of the first Permit year (or by October 1, 2013). Non-compliance with this requirement may be grounds for suspension or revocation of the Permit. (e) Notwithstanding anything to the contrary contained herein, the City specifically acknowledges and agrees that Permittee may deactivate the GPS tracking system on any vehicle that is not in the process of providing towing services to the City pursuant to the Permit provided, however, that Permittee shall maintain the GPS tracking system active at all times on no less than two of its vehicles and/or on the number of vehicles sufficient to respond to the Citv's requests for tows within (20) minutes of receipt of the request (2) Effective December 1, 2012, and in addition to the requirement in subsection 11 £(1) above, at any time following the end of the first Permit year, the City Commission may, in its sole option and discretion, review and. following such review, require Permittee to implement the following additional technological improvements; one (1) each during the second and third Permit years, respectively: 366 (a) Towing software (which includes a dispatch tracking system); and. (b) In-vehicle cameras to monitor and record tows in real time. 12. EMPLOYEES OF PERMITTEE Permittee shall be solely responsible for selecting, training and employing (or otherwise retaining) such personnel as is necessary for Permittee to satisfy the requirements of the Permit and to satisfactorily perform the work and services required under the Permit. ~ Permittee shall perform driver's license screening on all employees with driving responsibilities and a copy of each employee's driver's license shall be kept on file by Permittee and made available upon request of the City Manager or his designee. b. Permittee shall be required to provide all employees with uniforms, which shall be subject to the orior written approval by the City Manager or his designee. c. Permitttee shall perform drug test screening on all employees and provide pass/fail results to the City Manager or his designee. upon request. Any and all employees and/or other individuals retained by Permittee, shall not, for any purposes, be considered to be employees of the City of Miami Beach, and Permittee shall be solely responsible for their supervision and daily direction and control. It is the intent of the City and Permittee, and Permittee acknowledges, that the Permittee is legally considered to be an independent contractor and that neither it, nor its officers, directors, employees, agents, contractors or servants, shall, under any circumstances, be considered officers, directors, employees, contractors, agents or servants of the City, and that the City shall at no time be legally responsible or liable for any negligent acts, errors, omissions, or misconduct on the part of Permittee, or any of its officers, directors, employees, contractors, agents or servants. Additionally, toward that end, Permittee agrees to have no markings on either vehicles, buildings, or correspondence that indicates or tends to indicate any official relationship between the Permittee and the City of Miami Beach. * * * * 22. MAXIMUM ALLOWABLE RATES The City Commission shall establish the maximum rates for towing, removal, and storage services provided under the Permit. The Permittee shall not charge in excess of the following maximum allowable rates established by the City (as same may be amended from time to time): 367 A. The first eight (8) hours of storage shall be without charge. Thereafter the following storage rates shall apply per day: * * * * (2) Outside-Exterior * * * (b) Any vehicle less than 20 feet in length and 8 feet in width * $25.00 $30.00. effective December 1. 2012 $36.00. effective December 1. 2014 * * B. Tow Rate Class "A" Tow Truck and Class "A" Car Carrier, including: 1. First 30 minutes at scene $115.00 $140.00. effective December 1, 2012 2. Unlocking door $150.00. effective December 1. 2013 3. Dropping/hooking up linkage $155.00. effective December 1. 2014 4. Wheel lift equipment 5. Use of Dolly * * * * H. Special and additional charges 2. Mileage charges: 3. Administrative fee: * * * * $§.,.00 $6.00 per mile. maximum of $42 per tow. effective December 1. 2012 $7.00 per mile. maximum of $49 per tow. effective December 1. 2014 $30.00 $35.00 maximum per tow. effective December 1. 2012 $41.00 maximum per tow. effective December 1, 2013 $44.00 maximum per tow, effective December 1. 2014 368 4. Dollies or Flatbed Services (per job): 5. Labor to Engage/Tow: ~ $40.00, effective December 1, 2012 $47.00, effective December 1. 2013 $50.00, effective December 1, 2014 This is not an automatic fee and may only be imposed when access to enter the vehicle is required to properly engage/tow vehicle. 6. After Hours Fee: $25.00 $30.00, effective December 1, 2012 $32.00, effective December 1, 2013 $33.00, effective December 1, 2014 An After Hours Fee may be assessed for tows retrieved between the hours of 8:00 PM and 8:00AM: $30.00 * * * * L. Indexing Provision: The City Manager or his authorized designee may initiate an administrative review of the Maximum Allowable Rates whenever the cumulative change in the Consumer Price Index (CPI -All Urban consumers-US City average-All items-Base Period 1982-84 = 100) (CPI}, between the current CPI and the date of the CPI used to establish the last rate adjustment. is greater than five percent {5%1. Upon reaching this threshold and. further. following a survey conducted by the City of maximum allowable towing rates for similar services in surrounding communities, and/or an analysis to review the current cost of providing such services, the Citv Manager or his authorized designees shall prepare a recommendation as to whether there should be an adjustment to the Maximum Allowable Rates; which recommendation shall be subiecl to final aQproval by the Mayor and Citv Commission. * * * * M. Miami Beach Resident Discount Effective December 1, 2012, Permittee shall reduce 1he total towing charges by twenty percent (20°/o) for any City of Miami Beach resident whose vehicle has been towed. City 369 residents shall be entitled to such discount two (2) times per Permit year (for every year during the Pe!l'l1it Term). per resident, and Qer Permittee. This shall equate to a maximum of four (4} annual discounts for a City resident during e£!Ch Permit year during the Tell'l1. In order to be eligible for the City resident discount residents must provide proof of residency within the Cit;t of Miami Beach, and their driver's license information must match the registration information of the vehicle being towed. The monthly Permit fee shall be reduced by twenty percent (20%} for each vehicle towed that receives a discount pursuant to this section. Pennlttee shall maintain a log documenting discounts given to City residents pursuant to this section, which log shall be available for inspection and copying by the City Manager or his authorized designee, upon request. * * * * 27. INSPECTIONS AND AUDITS Permittee agrees that all of its records, equipment, personnel, office and storage facilities will be subject to periodic inspection and audits by the City Manager or his authorized representative(s) and, in the case of inspection checks, without the need for prior notice to Permittee. Effective December 1, 2012. and notwithstanding the parties' ~cknowledgement of the City's exisiing rights to audit and inspect Permittee pursuant to this Section 27, the City Manager or his authorized designees (including, without limitation, the City's Chief Financial Officer and Internal Auditor) shall meet with Permittee to develop mutually agreed upon procedures, systems. and controls for the purpose of the Citv conducting financial audits concerning Permittee's operations pursuant to the Permit In the event that the City and Pennittee are not able to develop mutually agreed upon procedures, systems, and controls for City audits of Permittee's operations within ninety (90) days from the commencement of the Permit Term {or bv March 1, 2013). then the City Manager shall refer this matter to the Finance and Citywide Projects Committee for discussion including, without limitation, discussion of disputed issues. The Finance Committee shall review the procedures that have been proposed, including any disQuted items and issues, and may make a recommendation as to same and, additionally, may recommend that the matter be referred for review by the full City Commission. The City Commission's decision on the matter shall be final and binding upon all parties. 370 COMMISSION ITEM SUMMARY Condensed Title: A resolution accept the recommendations of the Neighborhood/Community Affairs Committee (NCAC) to bring the concept of hedge for the off-leash area of South Pointe Park back to the City Commission for discussion and direction and to extend the pilot program to enable the Administration time to process the appropriate application to the Design Review Board, if so directed. Key Intended Outcome Supported: Increase satisfaction with recreational programs Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 85% of residents rated the City's Recreation programs as either excellent or good. Issue: I Should the City Commission adopt the Resolution? Item Summa /Recommendation: Since early 2009, there have been several Commission/Commission Committee discussions concerning dogs off leash in South Pointe Park. Select actions that relate to the discussion of the plan to install a hedge as a containment barrier and extending the pilot program are as follows: • January 11 I 2012 The Commission instructed the Administration to file an application to the Design Review Board (DRB) for the approval of a hedge in the newly established off-leash area. • March 61 2012 The DRB held a hearing on the approval of a hedge in the off-leash area in South Pointe Park. • March 131 2012 The DRB rendered an Order imposing conditions that effectively denied the Administration's request for a hedge. • April11 I 2012 The City Commission approved a resolution requesting a review of the Design Review Board decision rendered on March 13, 2012 that denied the City's request. • May 22~ 2012 The N/CAC discussed the Off-leash Pilot Program recommending it be extended from July 15,2012 through and until December 31, 2012. • June 61 2012 The City Commission held a public hearing and discussion to consider the appeal of the Design Review Board Order pertaining to the approval of a hedge for a City Commission designated off-leash dog area within the western portion of South Pointe Park. Following a discussion the motion to support the appeal failed and the appeal of the DRB order was denied. • July 18~ 2012 The City Commission approved extending the South Pointe Park Dog Off-leash Pilot Program through and until December 31, 2012. The Commission requested the matter be sent back to the NCAC to discuss in greater detail the number of documented violations that have transpired since the South Pointe Park Dog Off-leash Pilot Program began in June, 2010. • September 24~ 2012 The NCAC discussed the South Pointe Park Dog Off-leash Pilot Program and unanimously moved to bring the concept of a hedge for the off-leash dog area of South Pointe Park back to the City Commission and recommended extending the off-leash pilot program through January 31,2013. 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 artment Director Assistant Cit KS T:IAGENDA\2012111-14-12\Comm. Summary-Accepting NCAC re<:ommend MIAMI BEACH 371 Account er AGENDA ITEM ----:'R--'--:-"fJ,--E_ DATE 1}-JL/-t 2_ 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: Kathie G. Brooks, Interim City Manager /1t.... J-. DATE: November 14, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT THE SEPTEMBER 24, 2012 COMMITTEE MEETING TO BRING THE CONCEPT OF A HEDGE FOR THE OFF-LEASH DOG AREA OF SOUTH POINTE PARK BACK TO THE CITY COMMISSION FOR FURTHER DISCUSSION AND DIRECTION; AND FURTHER TO EXTEND THE PILOT PROGRAM OFF- LEASH AREA FOR DOGS IN SOUTH POINTE PARK TO ENABLE THE ADMINISTRATION TIME TO PROCESS THE APPROPRIATE APPLICATION TO THE DESIGN REVIEW BOARD, IF SO DIRECTED. ADMINISTRATION RECOMMENDATION Adopt the Resolution KEY INTENDED OUTCOME SUPPORTED Increase satisfaction with recreational programs BACKGROUND At the January 28, 2009, Commission meeting, the Administration requested the matter of dogs off-leash in City parks and other public properties in general, be referred to the Neighborhood/Community Affairs Committee for discussion. This initial Neighborhood/Community Affairs discussion was held on February 17, 2009. Since that time there have been ongoing discussions as to how the City can find the proper levels of services that address the needs of our residents and guests who own dogs with those who do not. These discussions have focused on the development of "bark parks" (fenced in areas in parks specifically designed and designated for dogs to run off leash): access for the dogs to water from a beach or park edge; the provision of dog bag/ waste stations that are located throughout the city's parks, rights of way, Lincoln Road, the Beach walk and other public areas; and the establishment of off-leash access in the parks to areas which are unfenced/ unsecured where dogs would run off leash and beyond their owner's control. There are a currently five fenced dog parks within the City's parks. These include Belle Isle, Flamingo, North Shore Open Space Park, Pinetree, South Pointe (un-fenced) and Washington Avenue (two sites). 372 Commission Memorandum November 14, 2012 NCAC recommendation to discuss a hedge at the South Pointe Park dog off-leash area Page 2 of 4 ANALYSIS History of the South Pointe Park Dog Off-leash Pilot Program/ Containment Hedge/ Design Review Board Issues One of the initial discussion issues focused on the development of a dog park within South Pointe Park, an enclosed area similar to the dog parks in Flamingo, Washington Avenue, Pinetree, or Belle Isle, or one without a fence. The conclusion of the discussion was to build-out a larger dog park on Washington Avenue, diagonal from the then- existing dog park on Collins Avenue and znd street. It was also recommended that the City look at whatever amendments would be needed to permit a pilot, off-leash area in a designated section of South Pointe Park, with limited hours of use. At the time, the designation of an off-leash area was not only prohibited by City Code, but it was also prohibited by County Code. Since the initial discussions in early 2009, there have been several Commission/Commission Committee discussions concerning dogs off leash in South Pointe Park and the existing pilot program resulting in various actions. Select actions that relate to the discussion of the submission of the plan to install a hedge as a containment barrier in the off-leash pilot program area are as follows: • January 11. 2012. the City Commission approved an ordinance amendment on second reading to extend the South Pointe Park Dog Off-leash Pilot Program until July 15, 2012, modified the off-leash hours in the designated area in the morning from sunrise to 10:00 A.M. daily and between 4:00 P.M. and 7:00 P.M. Monday through Friday and relocated the off-leash area to the west lawn, south and east of the Washington Avenue entry plaza. The Commission also instructed the Administration to file an application to the Design Review Board (DRS) for the approval of a hedge in the newly established location. • February 2. 2012, the Administration through the Parks and Recreation Department filed an application for a hedge to the Design Review Board (ORB) for the approval of a hedge in the newly established location in South Pointe Park. • March 6, 2012, the ORB held a hearing on the Administration's application for the approval of a hedge in the newly established location of the off-leash area in South Pointe Park. • March 13. 2012, the ORB 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'." • April 11, 2012. the City Commission approved a resolution setting a public hearing, pursuant to Section 118-262 of the City Code, requesting a review of the Design Review Board decision rendered on March 13, 2012 (DRS File No. 22894) pertaining to the design review approval for a hedge for a City Commission designated off- leash dog area within the western portion of South Pointe Park. 373 Commission Memorandum November 14, 2012 NCAC recommendation to discuss a hedge at the South Pointe Park dog off-leash area Page 3 of 4 • May 9, 2012. a City Commission item was introduced calling for a public hearing to consider the appeal of the Design Review Board Order in File No. 22894) pertaining to the design review approval for a hedge for a City Commission designated off- leash dog area within the western portion of South Pointe Park. In addition, a resolution setting forth an order (granting or denying) an appeal request by the City Manager of the City of Miami Beach, pertaining to a decision of the Design Review Board (DRB) for South Pointe Park was presented. At the conclusion of the discussion a motion was made by Vice-Mayor Libbin to continue the consideration of reversing the ORB Appeal to the June 6, 2012 Commission Meeting; seconded by Commissioner Exposito; Voice vote 6-1; Opposed: Commissioner Wolfson. • May 22. 2012, the N/CAC discussed the South Pointe Park Dog Off-leash Pilot Program and recommended it be extended again from July 15, 2012 through and until December 31, 2012. • June 6, 2012. the City Commission item, deferred from the May 9, 2012 Commission, calling for a public hearing to consider the appeal of the Design Review Board Order in File No. 22894, pertaining to the design review approval for a hedge for a City Commission designated off-leash dog area within the western portion of South Pointe Park was again introduced. In addition, a resolution setting forth an order (granting or denying) an appeal request by the City Manager of the City of Miami Beach, pertaining to a decision of the Design Review Board (ORB) for South Pointe Park was presented. Following a discussion the motion to support the appeal failed and the appeal of the DRB order was denied. • June 6. 2012, the City Commission approved an ordinance on first reading extending the South Pointe Park Dog Off-leash Pilot Program through and until December 31, 2012. • July 18. 2012. the City Commission held the public hearing and approved the ordinance on second reading extending the South Pointe Park Dog Off-leash Pilot Program through and until December 31, 2012. Additionally, the Commission requested the matter be sent back to the Neighborhood/Community Affairs Committee to discuss in greater detail the number of documented violations that have transpired since the South Pointe Park Dog Off-leash Pilot Program began in June, 2010. • September 24, 2012, the NCAC discussed the South Pointe Park Dog Off-leash Pilot Program. The Administration advised the Committee that as stipulated by the City Commission action of July 18, 2012 and the Miami Beach City Code the current South Pointe Park Dog Off-Leash Pilot Program is scheduled to terminate on December 31, 2012. If no action is taken the program will terminate. Any modification to extend the pilot program requires two (2) Commission actions, therefore, the Administration requested that the NCAC discuss the future of the South Pointe Dog Off-Leash Pilot Program and provide direction as to how to proceed. 374 Commission Memorandum November 14, 2012 NCAC recommendation to discuss a hedge at the South Pointe Park dog off-leash area Page 4 of 4 The Administration also provided information requested by the NCAC related to the number of documented instances of dogs off-leash in violation of the City's established times and/or location. It was reported to the Committee that monitoring reports maintained by Code Compliance and Security Alliance indicated that for the period of June, 2010 when the South Pointe Park Dogs Off-leash Pilot Program began, through August, 2012, there were 901 violations reported. Please see the attached documents (Exhibit A) that summarizes the violations by time, location, if a ticket was issued etc. Additional discussion was held. Commissioner Weithorn stated that although the dog owners that come to these meetings are responsible, she has observed that the dogs have expanded beyond the off-leash area to the entire cut walk, and she has been chased by dogs on at least twice. Commissioner Libbin stated that there are three options; including; 1. Do nothing. 2. Curtail the program completely. 3. Find a mechanism to allow the dogs to be off-leash in a controlled area. Commissioner Libbin then suggested bringing a new initiative for a hedge to the Commission. At the conclusion of the discussion the Committee (Commissioners Tobin, Libbin and Exposito present) unanimously moved to bring the concept of a hedge for the off- leash dog area of South Pointe Park back to the City Commission and recommended extending the off-leash pilot program through January 31, 2013. Commissioner Weithorn, who was present for the discussion, expressed her strong agreement with the motion. For discussion purposes please see the original hedge plan presented to the Design Review Board on March 6, 2012 (Exhibit B-1) and a revised concept being proposed by the Parks and Recreation Department (Exhibit 8-2) which further encloses the current South Pointe Dog Off-Leash Pilot Program area to and better defines the designated off- leash area. CONCLUSION The Administration is seeking the City Commission's direction on; 1. The motion of the NCAC at the September 24, 2012, to bring the concept of a hedge for the off-leash dog area of South Pointe Park back to the City Commission; and 2. Extending the off-leash pilot program through January 31, 2013. (Please note that based on the previous submittal it is anticipated that if the decision is made to submit a revised hedge plan for the Design Review Board's consideration the process could take 60-90 days to complete. If the hedge is desired the Administration recommends extending the off-leash pilot program through March 30, 2013, to ensure the Administration has sufficient time to obtain approval. KGB/MAS/KS T:IAGENDA\2012\11-14-12\Comm. Memo. Accepting NCAC recommendation to discuss hedge at SPP dog off leash area.doc 375 RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS SEPTEMBER 24, 2012 MEETING TO A) BRING THE CONCEPT OF A HEDGE FOR THE OFF-LEASH DOG AREA IN SOUTH POINTE PARK BACK TO THE CITY COMMISSION FOR FURTHER DISCUSSION AND DIRECTION AND B) EXTEND THE DOG OFF-LEASH PILOT PROGRAM IN SOUTH POINTE PARK. WHEREAS, at the January 28, 2009 City Commission meeting, the Administration requested that the matter of dogs off-leash in City parks, and on other public properties in general, be referred to the Neighborhood/Community Affairs Committee (NCAC Committee) for discussion; and WHEREAS, since initial discussions in early 2009, there have been several Commission and Commission Committee discussions concerning the dog off-leash pilot program in South Pointe Park which has resulted in various actions; and WHEREAS, on January 11, 2012, the City Commission approved an Ordinance which extended the South Pointe Park Dog Off-leash Pilot Program until July 15, 2012, modified the off-leash hours in the designated area in the morning from sunrise to 10:00 A.M. daily and between 4:00 P.M. and 7:00 P.M. Monday through Friday, and relocated the off-leash area to the west lawn, south and east of the Washington Avenue entry plaza; and WHEREAS, at the same meeting, the City Commission also instructed the Administration to submit an application to the Design Review Board (ORB) for the approval of a hed~e in the newly established off-leash location; and WHEREAS, on March 6, 2012, the ORB held a hearing on the Administration's application to the ORB (ORB File No. 22894) for the approval of a hedge in the newly established off-leash area in South Pointe Park; and WHEREAS, on March 13, 2012, the ORB 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"'; and WHEREAS, on May 9, 2012, the City Commission held a public hearing to consider the Administration's appeal of the Design Review Board Order in File No. 22894 and, at the public hearing, the City Commission voted to continue the appeal to the June 6, 2012 City Commission meeting; and WHEREAS, on May 22, 2012, the NCAC Committee discussed the South Pointe Park Dog Off-leash Pilot Program and recommended it be extended again from July 15, 2012 through and including December 31, 2012; and WHEREAS, on June 6, 2012, the City Commission considered the appeal of the Design Review Board Order in File No. 22894 at the continued public hearing and, following a 376 discussion, alternate motions to grant and to deny the appeal failed thereby resulting in the DRB Order remaining in effect; and WHEREAS, also on June 6, 2012, the City Commission approved, on First Reading, an Ordinance extending the South Pointe Dog Off-Leash Pilot Program through and including December 31, 2012; and WHEREAS, on July 18, 2012, the City Commission held a Second Reading/Public Hearing and approved the Ordinance extending the South Pointe Park Dog Off-leash Pilot Program through and including December 31, 2012. Additionally, the Commission requested the matter be sent back to the Neighborhood/Community Affairs Committee to discuss, in greater detail, the number of documented violations that have transpired since the South Pointe Park Dog Off-leash Pilot Program began in June, 201 0; and WHEREAS, on September 24, 2012, the NCAC Committee discussed the South Pointe Park Dog Off-leash Pilot Program and the history of violations related thereto; and WHEREAS, at the conclusion of the discussion, the NCAC Committee unanimously approved a motion to a) bring the concept of a hedge for the off-leash dog area in South Pointe Park back to the City Commission for further discussion and direction and b) recommended extending the off-leash pilot program through and including January 31, 2013. 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 recommendations of the Neighborhood/Community Affairs Committee to a) bring the concept of hedge for the off-leash area of South Pointe Park back to the City Commission for further discussion and direction; and b) to extend the off-leash dog pilot program in South Pointe Park. PASSED and ADOPTED this----day of November, 2012. ATTEST: RAFAEL GRANADO, CITY CLERK MATTI HERRERA BOWER MAYOR T:\AGENDA\2012\11-14-12\Reso. Accepting NCAC recommendation to discuss hedge at SPPdDog off leash area.doc 377 w ....... 00 # !n the morning {during permitted hours) outside the soec1t1ed area # !n the morning after 9 AM in the specified area # !n the morning after 9 AM in the unspecified area # !n the afternoon in the specified area #In the afternoon in the unspecified area # of total tickets issued # of Violations noted but not issued -no identification -leave site Total Violations Monitoring Agencv 37 of Miami Beach -Code Alliance llC #In the morning {during permitted hours) outside the specified area #In the morning after 9 AM in the specified area/10-am April on # In the morning after 9 AM in the unspecified area !I 0-am Apd on #In the afternoon in the specified area #In the afternoon in the unspecified area # of total tickets issued # of Violations noted but not issued -no identification -!eave site Total Violations 10 2 2 10 3 5 9 34 1 1 7 i 1 6 42 20 20 il 4 5 2 1 9 2 5 5 64 34 61 3 0 3 1 1 I 3 0 0 17 14 48 6 18 26 29 24 1 14 4 6 6 3 1 , 2 60 71 1 0 6 5 55 42 5 0 2 4 7 5 5 6 5 6 40 28 59 29 49 35 28 658 54 6 1 0 1 19 4 5 6 32 10 14 40 72 6 7 5 35 2 4 3 25 27 35 29 243 w ....... <0 -l~ # !n the morning (during permitted hours) outside the specified area # In the morning after 9 AM in the specified areaf1 0-am April on # !n the morning after 9 AM in the unspecified area /1 0-am April on #In the afternoon in the specified area #In the afternoon in the unspecified area # of total tickets issued #of violations noted but not issued -no identification -leave site ions w 00 0 ...... --CITY OF MIAMI BEACH __ .. 1 G OFF-LEASH AREA# 1 -APPRO X 18,000 SF D OFF-LEASH AREA# 2-APPROX. 34,00C SF OFF-LEASH AREA# 3-APPROX 18,000 SF ~~ F j~/J' SOUTH POINTE PARK PROPOSED CONCEPTUAL OFF-LEASH SITE PLAN CITY OF MIAMI BEACH, FLORIDA Exhibit B-1 w 00 ~ PROPOSED HEDGE MATERIAL: I LEX vomftoria 'NANA SCHILLINGS' SOUTH POINTE PARK PROPOSED CONCEPTUAL OFF-LEASH PLAN CITY OF MIAMI BEACH, FLORIDA SOUTH POINTE PARK IMPROVEMENTS CITY OF MIAMI BEACrt FLORIDA -1'1!1.£-~Piol-·Siot'->Aio[,... --:L~\21 ! Scale: A!;: NOTED Lm----- w 00 f\) --CITY Of MIAMI BEACH -.pip,, JV'7;¥V"Jt<J!':c¥<;; ,),W)Qf:j~~j~ffi~J~;mwj~i}~~ SOUTH POINTE PARK OFF-LEASH AREA PROPOSED HEDGE LANDSCAPE PLAN CITY OF MIAMI BEACH, FlORIDA Exhibit B-2 LA·D1 Simla: sa w 00 w E>'JSTJ!tG Off .J:..EASit MEA At"!'ROX. M.ll!l!ISF WID! PROFOSED 51ll t.F HEOOiE SOUTH POINTE PARK OFF-LEASH AREA PROPOSED HEDGE LANDSCAPE PLAN CITY OF MIAMI BEACH, FLORIDA Exhibit B-2 3 GAL PLANT MA1ERAIL1T-16" FULIL IN POTS OR 7 GAL PLANT MAlERAIL 24"-28" FULUN POTS 2fl CUBIC YARDS RECYCLEE> ROUND WOOD IIULCH COLOR: PillE BARK BROWN DRI' IRRIGATION FORESTA!II...ISHEMTENT AND EXTREME PERIODS OF DROUGHT South Pointe Park Dog Off Leash Hedge Estimate QTY DEMOLITION & SITE PREP SOD REMOVAL 3000 PLANTING SOIL-Amendments at 18-inch depth 300 PLANTING I lex Vomitoria 'Schilling's Dwarf: provide and install-7 gallon pots, 24"-28Z" full in pots, 30-inch on center, double staggered rows 498 Mulch -3-inch depth 37 Replacement sod IRRIGATION IRRIGATION SYSTEM -MODIFIED DRIP 1 SUBTOTAL CONTINGENCY 10% DESIGN REVIEW BOARD PROCESS (ESTIMATED) TOTAL BASE DESIGN Page 1 384 PARKS RECREATION DEPARTMENT SOUTH POINTE PARK DOG PARK UNIT UNIT PRIG'"' I o-rr: .. TOTAL SUBTOTAL SF $1.00 $3,000.00 CY $30.00 $9,000.00 $12,000.00 SF $60.00 $29,880.00 CY $40.00 $1,480.00 $31,360.00 LS $5,000.00 $5,000.00 $5,000.00 $48,360.00 $4,836.00 $1,000.00 $54,196.00 Off Leash Hedge Estimate_SPP _1 0-30-12 ~ OFFICE OF THE CITY ATIORNEY JOSE SMITH, CITY ATIORNEY COMMISSION MEMORANDUM TO: FROM: MAYOR MATTI ••-"-"-"-"-'L".JL:.I-"-".rll. MEMBERS CITY COMMISSION INTERIM CITY MANAGER KATHIE BROOKS JOSE SMITH~~(). . ATTOR EY J I ,,..,:/' <..,.,,~ NOVEMBER 6, ~- RESOLUTION r .............. -.."""' 2012 SPECIAL-"-"-"-'""....., UNOFFICIAL BALLOT QUESTIONS THE NOVEMBER 6, Attached hereto is a Resolution adopting Certification of unofficial Results of the August 14, 2012 Special Election for the City of Miami Beach, and declaring the unofficial election results. The Miami-Dade County Supervisor of Election's Certification of the unofficial results is attached to the Resolution and, upon the receipt ofthe official results of the November 6, 2012 Election from the Miami-Dade County Supervisor of Elections, same shall be transmitted to the City Commission by Resolution and be made a part ofthe public records of the City of Miami Beach. JS/DT/mmd F:\ATTO\TURN\COMMMEMO\Comm Memo Reso Accepting Results of November 6 2012 Special Election.doc R/F Date Jl:l4-JL: 385 RESOLUTION NO. __ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE CERTIFICATION OF THE UNOFFICIAL RESULTS OF THE NOVEMBER 6, 2012 SPECIAL ELECTION FOR THE CITY OF MIAMI BEACH BALLOT QUESTIONS, AND DECLARING THE UNOFFICIAL RESULTS THEREOF. WHEREAS, the Certification of the Unofficial Results 1 of the City of Miami Beach Special Election ballot questions have been received and are attached hereto as Composite Exhibit "A" and are incorporated herein by reference; and WHEREAS, said Certification reflects that: Question "A" as set forth below was ______ by the electorate of the City of Question "B" as set forth below was the electorate of the City of Miami Beach; Question "C" as set forth below was _____ by the electorate of the City of Miami Beach; Question "D" as set forth below was ______ .by the electorate of the City of Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that having had canvassed the returns of the November 6, 2012 Special Election of the City of Miami Beach, the City hereby adopts the Certification of the Unofficial Results of said Special Election and it is hereby ordered 1 Upon receipt of the official results of the November 6, 2012 Election from the Miami-Dade County Supervisor of Elections, same shall be transmitted to the City Commission by the City Clerk's Letter to Commission and be made a part of the public records of the City of Miami Beach. 2 The four ballot questions have been lettered "A" "B" "C" and "D" for ease of reference herein and were not so lettered on the ballot. 386 that the Certification of the Unofficial Results and this Resolution be recorded in the minutes of the City Commission meeting as a permanent record of the unofficial results of said Special Election; and be it further resolved that, as a result of the City of Miami Beach November 6, 2012 Special Election, the votes upon the questions presented reflect the following unofficial results: Question "A": ESTABLISHING CITY CLERK AS A CHARTER OFFICER SHALL THE CHARTER BE AMENDED TO ESTABLISH THE CITY CLERK AS A CHARTER OFFICER RESPONSIBLE FOR PERFORMING DESIGNATED DUTIES, WHOSE COMPENSATION SHALL BE ESTABLISHED BY ORDINANCE, AND WHEREBY: • THE CLERK SHALL BE APPOINTED AND REMOVED BY, AND ACCOUNTABLE TO, THE CITY COMMISSION INSTEAD OF THE CITY MANAGER; AND • POWER TO SUPERVISE AND CONTROL THE CLERK'S OFFICE, AND TO APPOINT AND REMOVE UNCLASSIFIED PERSONNEL THEREIN, SHALL BE TRANSFERRED FROM THE CITY MANAGER TO THE CITY CLERK? Question "B": YES NO VOTER APPROVAL REQUIRED TO REDUCE HISTORIC PRESERVATION BOARD POWERS AND DUTIES OR HISTORIC PRESERVATION STANDARDS. SHALL CHARTER SECTION 1.06 BE AMENDED TO REQUIRE THAT ANY CHANGE TO CHAPTER 118, ARTICLE II, DIVISION 4 ("HISTORIC PRESERVATION BOARD") OR TO CHAPTER 118, ARTICLE X, DIVISIONS 1-4 ("HISTORIC PRESERVATION"), OF THE CITY CODE, WHICH REDUCES THE POWERS AND DUTIES OF THE BOARD, OR CREATES LESS STRINGENT HISTORIC PRESERVATION STANDARDS OR REGULATIONS, SHALL, BEFORE BECOMING EFFECTIVE, BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? 2 387 YES NO Question "C": CHANGE OF FILING PERIOD FOR QUALIFYING PETITIONS SHALL CHARTER SECTION 6.03 BE AMENDED TO CHANGE THE TIME THAT A CANDIDATE QUALIFYING VIA PETITION FOR CITY ELECTED OFFICE MUST FILE SAID PETITION, FROM NO LATER THAN THE SECOND DAY OF THE FOUR-DAY QUALIFYING PERIOD, TO NO LATER THAN NOON OF THE 14TH DAY PRIOR TO THE FIRST DAY OF SUCH QUALIFYING PERIOD? QUESTION "D": YES NO LIMITED WAIVER OF CITY QUALIFYING FEE SHALL CHARTER SECTION 6.03 BE AMENDED TO PROVIDE THAT IF COUNTY ELECTIONS DEPARTMENT HASN'T ISSUED ITS CERTIFICATE VERIFYING THE REQUIRED NUMBER OF VALID SIGNATURES ON A TIMELY-FILED QUALIFYING PETITION BY 5:00 P.M. ON THE SECOND DAY OF CITY'S QUALIFYING PERIOD, CITY'S 7 1/2% QUALIFYING FEE SHALL BE WAIVED IF THE SUBJECT CANDIDATE OTHERWISE QUALIFIES PURSUANT TO CHARTER SECTION 6.03? YES NO BE IT FURTHER RESOLVED AND DETERMINED that Question "A" was Question "B" was Question "C" was , and Question "D" was -------------------------------- PASSED AND ADOPTED this_ day of November, 2012, ATTEST: Rafael Granado F:\ATIO\ TURN\RESOS\Accepting Election Results November 2012.rtf 3 388 Matti Herrera Bower Mayor 12 ~ OFFICE OF THE CITY AnORNEY JOSE SMITH, CITY AnORNEY COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: MAYOR MATII HERRERA BOWER MEMBERS OF THE CITY COMMISSIO~N ) CITY MANAGER JORGE M. GQ LEZ .,.• ,< JOSE SMITH, CITY ATTOR~f§y ~,~tY l" "~ .,.. NOVEMBER 14, 2012 ~~~ , RESOLUTION CREATING AD HOC CHARTER REVIEW AND REVISION BOARD FOR 2013 Pursuant to Section 8.01 of the City of Miami Beach Charter, the Charter shall be reviewed every ten years. The last Charter review occurred in 2003. Therefore, the ten year cycle requires the creation of a board to review the Charter in 2013. Attached hereto is a Resolution creating an Ad Hoc Charter Review and Revision Board for 2013 for consideration by the Mayor and City Commission. It is important that appointments to the Ad Hoc Charter Review and Revision Board be made as soon as possible since time is of the essence for the adequate review and consideration of Charter amendments by the Board, and for preparing proposed Charter ballot questions for the November 2013 election. Pursuant to the attached Resolution, the Board shall submit its report regarding proposed Charter amendments to the City Commission by June 1, 2013. JS/DT/mem F:\ATTO\TURN\MEMOS\Memo Charter Review Committee Nov. 2012.docx 389 Agenda Item Rl6- Date 11-ll/-JL RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CREATING THE CITY OF MIAMI BEACH AD HOC CHARTER REVIEW AND REVISION BOARD; PRESCRIBING ITS DUTIES, AND PROVIDING FOR THE MANNER OF ITS APPOINTMENT AND THE TERMS OF OFFICE OF ITS MEMBERS. WHEREAS, pursuant to Miami Beach City Charter section 8.01, the "Charter shall be reviewed ten (1 0) years from November 3, 1993 and each tenth year thereafter"; and WHEREAS, a review of the City's Charter is of continued importance to the welfare of the citizens of the City of Miami Beach; and WHEREAS, review of the City's Charter can best be accomplished by the creation and appointment of an Ad Hoc Advisory Charter Review and Revision Board to be composed of seven members who shall be direct appointees of the individual City Commissioners and the Mayor, and whose terms shall commence on January 1, 2013 and expire on January 1, 2014 (subject to earlier or later sunset by the City Commission). The Board's powers of review shall include submittal of a report to the City Commission by June 1, 2013, which report shall include any recommendations concerning proposed amendments to the City's Charter. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City of Miami Beach Ad Hoc Charter Review and Revision Board is hereby created for the purpose of reviewing the City's Charter and the Board shall be composed of seven direct appointees of the Miami Beach City Commission, with Board terms commencing on January 1, 2013 and expiring on January 1, 2014 (subject to earlier or later sunset by the City Commission). PASSED and ADOPTED this ___ day of November, 2013 ATTEST: Matti Herrera Bower, Mayor Rafael E. Granado, City Clerk F:\ATIO\TURN\RESOS\Ad Hoc Charter Review.doc 390 R7 -Resolutions R7H A Resolution Adopting The Third Amendment To The Fiscal (FY) 2011/12 General Fund Budget And The Second Amendment To The Enterprise, Internal Service And Special Revenue Funds Budget. (Budget & Performance Improvement) (Memorandum & Resolution to be Submitted in Supplemental) 391 Agenda ltem_..:...JR..;_l..;..;,~.H __ Date__..~.:ll__;.-l_,_V-..... 1 .;.....2--_ THIS PAGE INTENTIONALLY LEFT BLANK 392 R9 NEW BUSINESS AND COMMISSION REQUESTS City of Miami Beach, 1700 Convention Center Drive, Miami OFFICE Of THE CITY CLERK, Rafael Granado, Clerk Tel: 673-7 411, Fax: 673-7254 COMMISSION MEMORANDUM To: From: Date: Subject: Mayor Matti Herrera Bower and Members of the City C Kathie G. Brooks, Interim City Manager ~ November 141 2012 ,/{ ~ 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: TOTAL MBRS. Affordable Housing Advisory Committee Board of Adjustment Community Development Advisory Committee Community Relations Board 11 7 14 17 APPOINTED BY: City Commission City Commission Commissioner Deede Weithorn Commissioner Jerry Libbin Commissioner Jorge Exposito Commissioner Michael Gongora Commissioner Jerry Libbin TOTAL Kathie G. Brooks, Int. City Manager PAGE Page 1 Page 5 Agenda ltem.___.jRL...:...9.:.....:;A_:___ W~ are committed to providing excellent public service and safety to all who live, work and play in c Date (/-Jl.[-/'2-- 394 VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL PAGE Fine Arts Board Marine Authority Miami Beach Commission For Women Miami Beach Cultural Arts Council Miami Beach Human Rights Committee Miami Beach Sister Cities Program Normandy Shores Local Gov. Neighborhood lmpv. Personnel Board Production Industry Council Single Family Residential Review Panel Tennis Advisory Committee 14 7 21 11 9 24 3 10 7 3 7 Commissioner Deede Weithorn Commissioner Ed Tobin 1 Commissioner Michael Gongora 1 Mayor Matti Herrera Bower Commissioner Ed Tobin City Commission City Commission Mayor Matti Herrera Bower City Commission City Commission Commissioner Jerry Libbin Mayor Matti Herrera Bower Kathie G. Brooks, Int. City Manager Commissioner Deede Weithorn Commissioner Jerry Libbin Mayor Matti Herrera Bower 1 1 2 3 1 1 1 3 1 Attached is breakdown by Commissioner or City Commission: KGB:REG/sp 395 Board and Committees Current Members Affordable Housing Advisory Committee Sec. 2-167 Composition: The committee shall consist of eleven (11) voting members with two (2) year terms appointed at large by a majority vote of the Mayor and City Commission: One citizen: 1) actively engaged in the residential home building industry in connection with affordable housing; 2) actively engaged in the banking or mortgage banking industry in connection with affordable housing; 3) two at-large who have resided in one of the city's historic districts for at least one year, and have demonstrated interest and knowledge in urban design and the preservation of historic buildings. 4) actively engaged as a for-profit provider of affordable housing; 5) actively engaged as a not-for-profit provider of affordable housing (Housing Authority member); 6) actively engaged as a real estate professional in connection with affordable housing; 8) actively serving on the local planning agency pursuant to Florida Statute§ 163.3174 (Planning Board member); 9) who resides within the jurisdiction of the local governing body making the appointments; 10) who represents employers within the jurisdiction; 11) who represents essential services personnel as defined in the local housing assistance plan. Members of the Loan Review Committee, members of the Community Development Advisory Committee (CDAC), Planning Board and Miami Beach Housing Authority may be appointed to fill any of the eleven (11) categories and serve as ex-officio voting members on this committee. If due to conflict of interest by prospective appointees, or other reasonable factor, the City is unable to appoint a citizen actively engaged in these activities in connection with affordable housing, a citizen engaged in the activity without regard to affordable housing may be appointed. City Liaison: Richard Bowman Vacancy: To replace Robert (1) Res. Home Bldg. 12/31/2012 City Commission Saland Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Amy Perry (11) Rep. Essential Serv. 12/31/2013 City Commission 12/31/17 Arian Adorno (9) Res. Juris Local Govt 12/31/2013 City Commission 12/31/17 Charles Urstadt (8) Local Plann. Bd. 12/31/2012 City Commission 12/31/17 David Smith (3) Rep. Labor Home Bid. 12/31/2012 City Commission 12/31/14 Guy Simani (10) Rep. Empl. With/Juris 12/31/2013 City Commission 12/31/17 Jeremy Glazer (4) Low-Income Adv 12/31/2013 City Commission 12/31/17 Juan Rojas (2) Banking/Mortgage 12/31/2012 City Commission 12/31/16 Mark Wohl (7) Real Estate Prof. 12/31/2013 City Commission 12/31/17 Muayad Abbas (5) For Profit 12/31/2012 City Commission 12/31/17 Stephanie Berman (6) Not for Profit 12/31/2012 City Commission 12/31/14 Applicants Position/Title Applicants Position/Title Tuesday, October 30, 2012 Page 1 (Continued .... 396 Board and Committees Current Members Andrew Fischer Gotlinsky Barbara Karen Fryd Tuesday, October 30, 2012 Dr. Barry Ragone Julio Lora Marie Towers 397 Page2of52 Board and Committees Current Members Art in Public Places Composition: Two (2) year term. Appointed by a minimum of 4 votes. Sec. 82-561 Seven (7) members to be appointed by a majority of the entire City Commission, and who shall possess a high degree of competence in evaluation of art history and architectural history, art, architecture, sculpture, painting, artistic structure design and other appropriate art media for display or integration in public places. City Liaison : Dennis Leyva Members: Name Last Name Position/Title Elizabeth Resnick (TL 12/31/2012) James Lloyd Janda Wetherington Lisa Austin Lisette Olemberg- Goldstein Megan Riley Rhonda Mitrani-Buchman (TL 12/31/2012) Applicants Position/Title Adrian Gonzalez Annette Fromm Antoinette Zel Cindy Brown Dale Stine Elizabeth Schwartz Francis Trullenque Kathleen Kowall Lisa Austin Mark Alhadeff Molly Leis Rosemarie Murillo Likens Wetherington Janda Zoila Datorre Tuesday, October 30, 2012 Term Ends: Appointed by: Term Limit: 12/31/2012 City Commission 12/31/2012 City Commission 12/31/2012 City Commission 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2012 City Commission 12/31/2013 City Commission Applicants Position/Title Ana Cordero Anthony Japour Britta Hanson Claire Warren David Lombardi Emma DeAibear Jonathan Porcelli Leslie Tobin Maria Rodriguez Merri Mann Patricia Fuller Silvia Ros Zarco Cyn 398 Page 3 of 52 12/31/12 12/31/16 12/31/16 12/31/17 12/31/14 12/31/16 12/31/12 Board and Committees Current Members Beautification Committee Sec. 2-36 Composition: Eight (8) members, seven (7) of whom shall be direct appointees by the Mayor and City Commissioners. The chairperson of the Mayor's Ad Hoc Garden Center and Conservatory Advisory Committee or designee who shall serve as a non-voting ex-officio member. City Liaison: John Oldenburg Members: Name Daniel Lidia Lucero Maria Moni Silvia Terry Last Name Nixon Resnick Levy Koller Cohen Rotbart Blechman Positionffitle Term Ends: Appointed by: Term Limit: """"············································ 12/3112013 12/31/2013 12/31/2013 12/31/2012 12/31/2012 12/31/2012 12/31/2013 Commissioner Deede Weithorn 12/31/15 Commissioner Michael Gongora 12/31/17 Commissioner Jorge Exposito 12/31117 Commissioner Jonah M. Wolfson 12/31/15 Commissioner Jerry Libbin 12/31118 Mayor Matti Herrera Bower 12/31/14 Commissioner Ed Tobin 12/31118 Ex-officio Chair of Mayor Ad-Hoc Garden Center Applicants Ana Cordero Cindy Brown Darin Feldman Dr. Corey Narson Francinelee Hand Lily Furst Mitchell Korus Steven Gonzalez October 30, 20 J 2 Position/Title Applicants Christopher Todd Daniel Novela Dina Dissen Flavia Lowenstein-Eiortegui Kay Coulter Marivi Iglesias Rabbi Daniel Sherbill Tiva Leser 399 Position/Title Page4 of 52 Board and Committees Current Members Board of Adjustment Composition: Two (2) year term. Appointed by a S/7th vote. RSA 1-2 Sec 118- 1'H Seven (7) voting members composed of two members appointed as citizens at-large and five members shall be appointed from each of the following categories (no more than one per category), namely: Law, Architecture, Engineering, Real Estate Development, Certified Public Accountant, Financial Consultation, and General Business. The members representing the professions of law, architecture, engineering and public accounting shall be duly licensed by the State of Florida; the member representing general business shall be of responsible standing in the community; the member representing the field of financial consultation shall be a Certified Public Accountant, Chartered Financial Analyst, Certified Financial Planner, a Chartered Financial Consultant or investment advisor registered with the Securities and Exchange Commission, or someone recognized as having similar credentials and duly licensed by the State of Florida. Members shall be apppointed for a term of two years by a five-seventh vote of the city commission. Members of the Board of Adjustment must be either residents of or have their principal place of business in Miami Beach; provided, however, that this amendment shall not affect the term of existing members of the Board of Adjustment. City Liaison: Antonieta Stohl Vacancy: To replace Andrew Real Estate Developer 12/31/2012 City Commission Resnick Members: Name Last Name Bryan Rosenfeld Elsa Urquiza Joy Malakoff Liar Leser Richard Pre ira Sherry Roberts Applicants Alan Fishman Avi Ciment Dov Konetz Jessica Conn Josh Gimelstein Micky Ross Steinberg Robert Newman Friday, November 02, 2012 Position/Title CPA At-Large At-Large Financial Consultation Law General Business Position/Title Term Ends: Appointed by: Term Limit: 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2012 City Commission 12/31/2013 City Commission 12/31/2012 City Commission 12/31/2013 City Commission Applicants Position/Title Atala Anthony Brian Ehrlich Gabriel Paez Jonathan Beloff Michael Bernstein Noah Fox Roberta Gould 400 PageS of52 12/31/15 12/31/17 12/31/16 12/31/13 12131116 12/31/13 Board and Committees Current Members Budget Advisory Committee Sec. 2-44 Composition: Nine (9) members. Seven (7) direct appointments with Mayor and each Commissioner making one (1) appointment. Two (2) at-large appointments: one (1) certified public accountant and one (1) for a financial advisor. City Liaison: Kathie Brooks Members: Name Last Name Antonio Hernandez Sr. David Lancz Dushan Koller Jack Benveniste Jacqueline Lalonde John Gardiner Laurence Herrup Marc Gidney Stephen Hertz Applicants David Richardson Eric Lawrence Gregory Carney Lance Richardson Noah Fox Regina Suarez Ronald Starkman Tuesday, October 30, 2012 Position/Title Financial Adv. C.P.A. Position/Title Term Ends: Appointed by: Term Limit: 12/31/2013 Commissioner Jorge Exposito 12/31/16 12/31/2012 Commissioner Deede Weithorn 12/31/18 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15 12/31/2013 12/31/2012 12/31/2012 12/3112013 12/31/2012 12/3112012 Applicants Dwight Kraai Gerhard Rima Jared Plitt Lisa Ware Mayor Matti Herrera Bower City Commission Commissioner Jerry Libbin Commissioner Michael G6ngora City Commission Commissioner Ed Tobin Position/Title Oliver Oberhauser Rima Gerhard Page 6 of 52 401 12/31/15 12/31/16 12/31116 12/31/17 12/31/14 12/31/16 Board and Committees Current Members Capital Improvements Projects Oversight Committee 2-190-127 Composition: The Capital improvement projects oversight committee shall consist of nine (9) voting members, eight (8) of whom shall be appointed by the city commission as a whole (at-large-appointees), and one (1) member appointed by the Mayor or designee, and one (1) non-voting ex-officio member selected from three nominees. The membership of the committee shall further be comprised as follows: 1. The mayor or his/her designee, who shall sit as a voting member of the committee, and shall also serve as chair person of the committee; 2. At least two (2) members shall be selected with experience in one of the following technical fields: a. engineering; b. architecture and/or landscape architecture; or historic preservation; 3. At least two (2) members shall be selected with experience in one of the following technical fields: a. construction/general contractor; or b. developer; 4. Two (2) members shall be selected with experience in the following technical field and/or the following category: a. capital budgeting and/or finance; or b. citizen-at-large; and 5. The remaining two (2) members shall be selected from any of the technical experience categories set forth in subsections (2) or (3) above. 6. One (1) non-voting ex-officio member shall be either a member of the disabled community or a person with special knowledge of Americans with Disiabilities Acts (ADA) issues in order to provide accessibility-related input to the committee. City Liaison: Fernando Vazquez 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 (CS) 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 Robert Rabinowitz (C5) Engineer 12/31/2012 City Commission 12/31/17 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 Tuesday, October 30, 2012 Page 7 402 Board and Committees Current Members Annsheila Turkel Cheryl Jacobs Gerhard Rima lvetle Isabel Borrello James Lloyd Michael Laas Ronald Starkman Tuesday, October 30, 2012 Atala Anthony Christian Folland Guy Simani Jacobs Jacobs Josh Gimelstein Rima Gerhard 403 Page8of52 Board and Committees Current Members Committee for Quality Education in MB Sec. 2-190.134 Composition: The committee shall consist of fifteen (15) voting members and three non-voting ex-officio members to be comprised as follows. A representative from each of the following eight schools, selected by the Parent Teacher Association: North Beach Elementary, Biscayne Elementary, Feinberg-Fisher Elementary, South Pointe Elementary, Nautilus Middle School, Miami Beach High School, Ruth K. Broad Elementary School, Treasure Island Elementary School, and seven (7) members of the public with knowledge or expertise with regard to education issues who shall be direct appointments by the mayor and city commissioner with no more than three who can be employed or contracted by Miami-Dade County public shcools. The City Commission shall designate two (2) of its members to serve as City Commission liaisons who shall report to the City Commission actions of the Committee for Quality Education; the City Manager shall further designate a member of city staff to serve as a liaison who shall report the Committee's actions to the City Manager. City Liaison: Leslie Rosenfeld Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Beverly lvette Isabel Karen Kay Keren Sheila Tiffany Elisa Leone Heidi Tandy Ivette Bi rba Jill Swartz Heller 12/3112012 Borrello 12131/2013 Rivo 12/3112013 Coulter 12/31/2013 Bajaroff 12/3112012 Duffy-Lehrman 12/31/2012 Heckler 12131/2012 Rep. of the PTA for Biscayne Elementary 06/30/13 Rep. of PTA for Nautilus Middle School 06/30/13 Rep. of the PTA for Feinberg Fisher Elem. 6/30/13 Rep. of the PTA for MB Sr. High School -06/30/13 Leslie Rosenfeld ACM/City Manager designee Lisa Simon Rep. PTA for Ruth K. Broad Elementary -6/30/13 Matti Herrera-Bower City Commission designee Rebeka Cohen Rep. of the PTA North Beach Elem. School-6/30/13 Sofia Emuriel Vacant vacant Applicants Rep. of PTA for Treasure Island Elem. 06/30/13 City Commission designee Rep. of the PTA Sout Pointe Elementary -6/30/13 Position/Title Applicants Tuesday, October 30, 2012 404 Mayor Matti Herrera Bower 12/31/16 Commissioner Jonah M. Wolfson 12131117 Commissioner Deede Weithorn 12/31/15 Commissioner Jerry Libbin 12/31/13 Commissioner Ed Tobin 12/31/15 Commissioner Jorge Exposito 12/31117 Commissioner Michael G6ngora 12/31/18 Position/Title Board and Committees Current Members Aida EI-Matari Jill Swartz Kathleen Kowall Laurie Kaye Davis Maria Cifuentes Marrero Mia Glick Tuesday, October 30, 2012 Elaine Litvak Judith Berson-Levinson Laura Cullen Loren Pearson Marjorie York Robert Fairless 405 Page 10 of 52 Board and Committees Current Members Committee on the Homeless Composition: The committee shall consist of nine (9) members, three (3) to be appointed by the Mayor and each Commissioner to appoint one (1). Sec. 2-161 The chairperson of the Committee on the Homeless or his/her designee shall serve as a non-voting ex- officio member of the Community Relations Board. Each member of the committee shall be selected from membership in an organization such as, but not limited to the following: Service Providers: Douglas Gardens Community Mental Health, Salvation Army, Better Way, Miami Dade County Homeless Trust; (Civic Representation: North Beach (North Beach Development Corp), 41st Street (Middle Beach Partnership), Lincoln Rd (Marketing Council), Washington Ave (Miami Beach Dev. Corp. and /or Washington Ave Task Force), Ocean Dr (Ocean Drive Improvement Association), Collins Ave (Hotel Association), South Pointe (South Pointe Advisory Board to the Red. Agency); member of the general public with personal experience with homeless issues CDBG Project Coordinator (ESG Emergency Shelter Grant Provider), city officials, representative from the Police Department and the City Attorney's Office as ex-officio members. City Liaison: Katherine Martinez Members: Name Last Name Annsheila Turkel Cary Yee Quee Dale Gratz Gail Harris Jonathan Kroner Lisa Ware Prakash Kumar Rabbi Daniel Sherbill Rachael Zuckerman Positionffitle Term Ends: Appointed by: 12/31/2013 Mayor Matti Herrera Bower 12/31/2013 Mayor Matti Herrera Bower 12/31/2013 Mayor Matti Herrera Bower 12/3112012 Commissioner Ed Tobin Term Limit: 12/31/19 12/31/19 12/31/14 12/31/16 12/3112013 Commissioner Jorge Exposito 12/31/17 12/31/2012 Commissioner Jonah M. Wolfson 12/31113 12/31/2012 Commissioner Jerry Libbin 12/31/16 12/31/2012 Commissioner Michael Gongora 12/31/19 12/3112013 Commissioner Deede Weithorn 12/31/17 Position/Title Applicants Position/Title Applicants Deborah Ruggiero Eda Valero-Figueira Helen Swartz Kumar Prakash Mitchell Korus Rosalie Pincus Stephanie Berman ············································~···~········ ···········••····················································•················ Tuesday, October30, 2012 Debra (Debi) Quade Emma DeAibear Ida Percal Luis Iglesias-Ramirez Rocio Sullivan Rosemarie Murillo Likens 406 Page 11 of 52 Board and Committees Current Members Community Development Advisory Committee Composition: Committee shall be composed of fourteen (14) members. The Mayor and City Commissioners shall each make two (2) direct appointments. Sec. 2-190.110 The fourteen (14) direct appointees shall fulfill the city affiliation requirement in either of the following ways: 1) At least seven (7) appointees shall either be: (a) Miami Beach residents, for a minimum of six (6) months, in non-target areas or (b) either city residents, or non-residents, who hold a leadership position in organizations that provide community development services to low and/or moderate-income people or neighborhoods, preferably within the city, provided, however, the organization that the appointee holds such position in cannot be a current or future recepient of city CDBG or HOME funds. 2) The remaining appointees shall either be: a) A resident or a locally desginated community development target area for a miminum of six (6) months; or, b) Demonstrate ownership/interest for a minimum of six (6) months in a business established in a locally designated community development target area for a minimum of six (6) months. City Liaison: Brian Gillis Vacancy: Members: Name Adam Christina Dona Harvey James Karen Mark Michael Rachel Zachary Applicants Arian Adorno Derrek Steele Jean Fils Jeffrey Graff Kay Coulter to replace Josh Gimelstein To replace Robert Fairless To replace Jay Parker To replace Aida EI- Matari Last Name Position/Title Greenberg LaBuzetta Zemo Burstein Weingarten Fryd Hayes Bernstein Umlas (TL 12/31/2012) Cohen Position/Title Tuesday, October 30, 2012 12/31/2013 Commissioner Michael Gongora 12/31/2013 Commissioner Jerry Libbin 12/31/2013 Commissioner Jorge Exposito 12/31/2012 Commissioner Deede Weithorn Term Ends: Appointed by: Term Limit: 12/31/2012 Commissioner Deede Weithorn 12131/19 12/31/2012 Commissioner Jonah M. Wolfson 12/31/19 12/31/2012 Mayor Matti Herrera Bower 12131/17 12131/2013 Commissioner Ed Tobin 12131114 12/31/2012 Commissioner Ed Tobin 12/31/18 12/31/2013 Mayor Matti Herrera Bower 12/31/17 12131/2013 Commissioner Jonah M. Wolfson 12131/15 12/31/2012 12/31/2012 12/31/2013 Applicants Bruce Klaiber Commissioner Jerry Libbin Commissioner Jorge Exposito Commissioner Michael Gongora Position/Title Dr. Barry Ragone Jeffrey Feldman Juan Rojas Mark Wohl 407 12131/16 12/31/12 12/31/19 Board and Committees Current Members Michael Rotbart Russell Hartstein Tuel·day, October 30, 2012 Page 13 of 52 408 Board and Committees Current Members Community Relations Board Sec. 2-190.11 Composition: The board shall consist of seventeen (17) members. Eleven (11) members shalll be voting members to be appointed in the following manner: Seven (7) direct appointments, with the Mayor and each City Commissioner appointing a member. Three (3) members shall be appointed by the City Manager and one (1) ex-officio member shall be appointed by the Miami-Dade Community Relations Board from its membership. Four ( 4) non-voting, ex-officio members shall be the chairpersons or designees of the following: Commission on the Status for Women Committee on the Homeless, Hispanic Affairs Committee, and Police/Citizen Relations Committee. Two (2) non-Voting ex-officio,: the police chief or his or her designee and the director of the Bureau of Children's Affairs. The composition of the board shall be reviewed every two (2) years. City Liaison: Lynn Bernstein Vacancy: Members: Name Adam Barbara Brad Darin Debra Laurie Rabbi Solomon Robert Lisa Ware Maria Ruiz Marjorie York Patty Hernandez Applicants 1uesday, To replace Jacobo 12/31/2012 Kathie G. Brooks, Int. City Manager Epelbaum To replace 12/31/2012 Commissioner Jerry Libbin Solomon Genet Last Name Position/Title Term Ends: Appointed by: Term Limit: Kravitz 12/31/2013 12/31/2012 12/31/2013 12/31/2013 Montero Fleet Feldman Schwartz 12/31/2012 12/31/2012 12/31/2013 12/31/2013 Davis Schiff Sen a 30, ex-officio of Police Citizens Relations Committee ex-officio of Miami-Dade Comm. Relation Board ex-officio Police Chief Designee ex-officio of the Committee on the Homeless ex-officio Director of the Bureau Childrens Affair ex-officio of MB Commission for Women ex-officio of Hispanic Affairs Committee Position/Title Applicants 409 Commissioner Jonah M. Wolfson 12/31/19 Commissioner Jorge Exposito 12/31/15 Commissioner Deede Weithorn 12/31/13 Kathie G. Brooks, Int. City 12/31/19 Manager Commissioner Ed Tobin 12/31/15 Jorge M. Gonzalez, City Manager 12/31/13 Mayor Matti Herrera Bower 12/31/15 Commissioner Michael G6ngora 12131/19 Position/Title Page 14 of 52 Board and Committees Current Claudia Moncarz David Alschuler Eliane Soffer Ivan Rusilko Jean Fils Luis Herrera Sofia Emuriel Tuesday, October 30, 2012 Dale Gratz Derrek Steele Irene Valines Jacobo Epelbaum Lori Gold Mia Glick Troy Fabien 410 Page 15 of 52 Board and Committees Current Members Convention Center Advisory Board Composition: The board shall consist of seven (7) voting members. The Mayor and each Commissioner shall make one (1) direct appointment. Sec. 2-46 The chairperson of the board of directors of the Miami Beach Chamber of Commerce or his/her designee shall serve as a non voting ex-officio member. The Chairperson of the board of directors of the Greater Miami Convention and Visitors Bureau or his designee shall serve as a non voting ex-officio member. Administrative representatives from the management group, Greater Miami Convention and Visitors Bureau, and the city manager's office shall serve as non-voting ex-officio members. City Liaison: Lenny Timor Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Frank Jason Joshua Leon Roger Stuart Tim Kruszewski Loeb Wallack Manne Abramson Blumberg Nardi 12/31/2013 Commissioner Jonah M. Wolfson 12/31/18 ex-off. Global Spectrum Adm Rep. ex-officio, GMCVB Adm Rep 12/31/2012 12/31/2012 12/31/2013 12/31/2012 12/31/2013 12/31/2013 Commissioner Jorge Exposito Commissioner Ed Tobin Commissioner Jerry Libbin Commissioner Michael Gongora Mayor Matti Herrera Bower Commissioner Deede Weith om Bob Balsam Ita Moriarty Vacanr Vacant ex-officio, Chairperson Bd. Of Dir. MBCC ex-officio member of the City Manager's Office Applicants Barbara (Bunny) Patchen Eric Lawrence Gayle Durham Liliam Lopez Michael Rotbart Robert Newman Steve Berke Tuesday, October 30, 2012 Position/Title Applicants David Lombardi Gabrielle Redfern Gotlinsky Barbara Mark Wohl Michael Steffens Rocio Sullivan 411 Position/Title Page 16 of 52 12/31/18 12/31/19 12/31/13 12/31/16 12/31/15 12/31/17 Board and Committees Current Members Debarment Committee Sec. 2-190.128 Composition: The committee shall consist of seven (7) voting members to be individually appointed by the Mayor and Commissioners. The committee's purpose is to evaluate and, if warranted, to impose debarment as provided in Sections 2-397 through 2-406 of the City Code to exclude a contractor (and, in limited instances, a bidder or proposer) from city contracting and city approved subcontracting. City Liaison: Procurement Director Members: Name Last Name Anthony Broad Antonio Hernandez Jr. Darius A sly Dr. Ronald Shane Joseph Hagen Melvyn Schlesser Stephen Zack Applicants ···························~~· Brian Richard Michael Perlmutter Tuesday, October 30, 2012 Position/Title (TL 12/31/2012) (TL 12/31/2012) Term Ends: Appointed by: Term Limit: 12/31/2012 Commissioner Ed Tobin 12/31/16 12/31/2012 Commissioner Michael Gongora 12/31/18 12/31/2013 Commissioner Deede Weithorn 12/31/17 12/31/2013 Commissioner Jerry Libbin 12131117 12/3112013 Commissioner Jonah M. Wolfson 12/31115 12/3112012 Commissioner Jorge Exposito 12/31112 12/3112012 Mayor Matti Herrera Bower 12/31112 Position/Title Applicants Position/Title .......................................... ~····~···········································~········································································································~·····························. Lance Richardson Zachary Cohen 412 Page 17 of 52 Board and Committees Current Members Design Review Board Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) regular members. The seven (7) regular members shall consist of: 1) two architects registered in the Untied States; Sec. 118.71 2) an architect registered in state of Florida or a member of the faculty of the school of architecture, urban planning, or urban design in the state, with practical or academic expertise in the field of design, planning, historic preservation or the history of architecture, or a professional practicing in the fields of architectural design, or urban planning; 3) one landscape architect registered in the state of Florida; 4) one architect registered in the United States, or a profesional practicing in the fields of architectural or urban design, or urban planning, or a resident with demonstrated interest or background in design issues; or an attorney in good standing licensed to practice law within the United States; and 5) two 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 Members: Name Carol Jason Leslie Lilia Manuel Marilys Seraj Gary Held Richard Lorber Vacant Applicants Last Name Position/Title Housen At-large Hagopian Registered Architect Tobin Registered Architect Medina Urban Planner Minagori At-large Nepomechie Architect Saba Landscape Architect advisory/City Attorney Designee advisory/Acting Planning Director ex-officio/Disability Access Committee Position/Title Term Ends: Appointed by: Term Limit: 12/31/2012 City Commission 12/31/16 12/31/2013 City Commission 12/31/15 12/31/2013 City Commission 12/31/16 12/31/2012 City Commission 12/31/15 12/31/2013 City Commission 12/31/17 12/31/2012 City Commission 12/31/17 12/31/2013 City Commission 12/31/13 Applicants Position/Title """"""'"'"' """""""""""""""""""" Alexander Annunziato Bryan Rosenfeld Elsa Urquiza Jane Gross Jessica Conn Ray Breslin Steve Berke Tuesday, October 30, 2012 Britta Hanson Elizabeth Camargo Francis Steffens Jean-Francais Lejeune John Stuart Seth Wasserman Zarco Cyn 413 Page 18 of 52 Board and Committees Current Members Disability Access Committee Composition: The Committee shall be composed of: 2006-3500 s 2-31 A board quorum of eight (8) members and requiring at least eight (8) votes for board action. Fourteen (14) voting members who shall be direct appointees by the Mayor and City Commissioners. 1) persons having mobility impairments; 2) deaf and/or hard-of-hearing persons in the community; blind and/or vision impaired persons in the community; 3) mental, cognitive or developmental disabilities; 4) the industries of tourism and convention, retail, hospitality (restaurant or hotel), and health care (or rehabilitation). 5) One non-voting ex-officio member who is either a member of the disable community or has special knowledge of Americans with Disabiities Act (ADA) issues. As per ordinance 2011-3731, in addition to other power and duties, the chairperson of the committee may designate a committee member to attend meetings of other city agencies, boards, or committees for the purpose of providing and obtaining input regarding accessibilty related issues and reporting to the dissability access committee on matters set forth in subsection (b) so that the disability access committee may provide recommendations to the city departments specified in subsection (b) or to the city commission. As per Ordenance 2012-3757 amended Sec. 2-31(D) to increase the number of members from seven(?) to fourteen (14) and amended the quorum requirement City Liaison: Duane Knecht Vacancy: Members: Name Andrea Lisa Andrew Barbara David Dr. Susan Elaine Helen John Lawrence Lee Russell Sabrina Susana Wendy Last Name Travaglia Feuerstein Gotlinsky New Solman Litvak Swartz Bennett Fuller Weiss Hartstein Cohen Maroder-Rivera Unger Ex-officio member Position/Title Ex-officio member Tuesday, October 30, 2012 Term Ends: Appointed by: Term Limit: 12/31/2012 Commissioner Jorge Exposito 12/31/19 12/31/2012 Commissioner Jerry Libbin 12/31/19 12/31/2013 Commissioner Ed Tobin 12131119 12131/2012 Commissioner Deede Weithorn 12131/15 12/31/2013 Commissioner Deede Weithorn 12/31/19 12/31/2012 Commissioner Michael G6ngora 12131/19 12/31/2013 Commissioner Michael G6ngora 12131/18 12/31/2013 Commissioner Jonah M. Wolfson 12131/13 12/31/2013 Commissioner Jerry Libbin 12/13/13 12131/2012 Commissioner Jonah M. Wolfson 12/31/19 12/31/2013 Mayor Matti Herrera Bower 12131/19 12131/2012 Commissioner Ed Tobin 12131/17 12131/2013 Commissioner Jorge Exposito 12131/19 1213112012 Mayor Matti Herrera Bower 12131/16 Page 19 of 52 (Continued .... 414 Board and Committees Current Members Applicants Ann Thomas Rafael Trevino Tuesday, October 30, 2012 Position/Title Applicants """""""""""""""'" Rabbi Solomon Schiff 415 Position/Title Page 20 of 52 Board and Committees Current Members Fine Arts Board Reso 2000-24216 Composition: Fourteen (14) members with Mayor and City Commissioners appointing two (2) members each. The Miami Beach Fine Arts Board promotes the work of contemporary visual and cultural artists, enhances the appreciation for the arts in the community at large, and provides economic stimulation to under served neighborhoods. City Liaison: Gary Farmer Vacancy: To replace Monica Minagori To replace Seth Frohlich To replace Judy Adler Members: Name Last Name Position/Title Britt a Hanson Carrie Wiesenfeld Deborah Ruggiero Ellen Brazer Jamie Dokovna Judith Berson-Levinson Melissa Broad Michael McManus Nathaniel Korn Tamra Sheffman Tiva Leser Applicants Allan Hall Beverly Heller Caroline Cardenas David Lombardi Emma DeAibear Francinelee Hand Gregory Carney Janda Wetherington Jenna Ward liliam lopez Merri Mann Nelida Barrios Wetherington Janda Tuesday, October 30, 2012 Position/Title 12/31/2012 Commissioner Ed Tobin 12/31/2013 Commissioner Michael Gongora 12/31/2013 Commissioner Deede Weithorn Term Ends: Appointed by: Term Limit: 12/31/2013 Commissioner Jorge Exposito 12/31/19 12/31/2013 Mayor Matti Herrera Bower 12/31/15 12/3112012 Commissioner Jerry libbin 12/31/18 12/31/2012 Commissioner Jorge Exposito 12/31/17 12/31/2012 Commissioner Michael Gongora 12/31/17 12/31/2013 Commissioner Jerry libbin 12/31/16 12/31/2013 Commissioner Ed Tobin 12/31/15 12/31/2012 Mayor Matti Herrera Bower 12/31/17 12/31/2012 Commissioner Jonah M. Wolfson 12/31/15 12/31/2012 Commissioner Deede Weithorn 12/31/15 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15 Applicants Ana Kasdin Bradley Ugent Dale Stine Dina Dissen Flavia Lowenstein-Eiortegui Francis Trullenque James Weingarten Jeffrey Feldman Josephine Pampanas Marjorie O'Neill-Butler Mia Glick Patti Hernandez Zahara Mossman 416 Position/Title Page 21 of 52 Board and Committees Current Members Gay, Lesbian, Bisexual and Transgender (GLBT) Ord. 2009-3635 Composition: The Committee shall consist of fifteen (15) voting members, with three (3) members to be directly appointed by the Mayor, and two (2) members to be directly appointed by each City Commissioner. Notwithstanding the preceding sentence, the initial membership of the Committee shall be comprised of those current members of the Mayor's Gay Business Development Committee, choosing to serve on the Committee, with any additional members (as required to complete the total number of members of the Committee) to be appointed at large by a majority vote of the City Commission. City Liaison: Alex Fernandez Members: Name Last Name Billy Kemp Chad Richter Cindy Brown Dale Stine Daniel Spring Edison Farrow Ivan Cane Jorge Rich a Karen Brown Laura Veitia Marivi Iglesias Michael Bath Nelida Barrios Thomas Barker Willis "Chip" Arndt Jr. Applicants Brian Richard Elizabeth Schwartz Michael Andrews Rebecca Boyce Silvia Res Tuesday, October 30, 2012 Position/Title Position/Title Term Ends: Appointed by: Term Limit: 12/31/2012 Mayor Matti Herrera Bower 12/31/16 12/3112012 12/31/2013 12/3112012 12/3112013 12/31/2013 12/31/2012 12/31/2013 12/31/2013 12/31/2012 12131/2013 12131/2012 1213112012 Commissioner Ed Tobin 12/31/16 Commissioner Jonah M. Wolfson 12/31119 Commissioner Michael G6ngora 12/31117 Commissioner Jorge Exposito 12/31116 Commissioner Jerry Libbin 12/31/16 Commissioner Jonah M. Wolfson 12/31/17 Mayor Matti Herrera Bower 12/31/17 Mayor Matti Herrera Bower 12/31/17 Commissioner Jorge Exposito 12/31/16 Commissioner Deede Weithorn Commissioner Jerry Libbin Commissioner Deede Weithorn 12/31/18 12/31/17 12131/16 12/31/2013 Commissioner Michael Gongora 12/31/16 12/31/2013 Commissioner Ed Tobin 12/31/16 Applicants Christopher Amisano Ivana Vento Rafael Trevino Richard Murry Walker Burttschell 417 Position/Title Page 22 1?{52 Board and Committees Current Members Golf Advisory Committee Composition: The committee shall be composed of twelve (12) members. Consisting of eleven (11) voting members, seven (7) by direct appointment by the mayor and city commissioners,and four who shall be the presidents of the Bayshore and Normandy Shores Men's and Women's Golf Association. The city manager or his designee shall serve as a non voting ex-officio member. Sec. 2-76 The chairperson of the Golf Advisory Committee or his designee shall serve as a non-voting, ex-officio member of the Recreational Centers and Parks Facilities Board, to be renamed the Parks and Recreational Facilities Board. City Liaison: Kevin Smith Vacancy: Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: ............ •................... ~~~~·························~~· . Gregory Carney 12/31/2012 Commissioner Michael G6ngora 12/31/17 Jeff Blumenthal 12/31/2012 Commissioner Deede Weithorn 12/31/15 Jeffrey Cohen 12/31/2013 Commissioner Jerry Libbin 12/31116 Jenifer Caplan 12/3112013 Commissioner Jorge Exposito 12/31117 John Barker 12/3112012 Commissioner Ed Tobin 12/31115 Joseph Conway 12/3112013 Mayor Matti Herrera Bower 12/31118 Michael Piazza 12/31/2012 Commissioner Jonah M. Wolfson 12/31/17 Kevin Smith Applicants Daniel Novela Mitchell Korus Ronald Starkman President for Women's Golf Assoc. MB Golf Assoc. President of the MB Golf Club Members Assoc. President, Normandy Shore's Men's Golf Assoc. President, Normandy Shore's Women's Golf Assoc. ex-officio, designee of the City Manager Position/Title Applicants Jane Hayes Robert Sena Zachary Cohen Tuesday, October 30, 2012 418 Position/Title Page 23 of 52 Board and Committees Current Members Health Advisory Committee Sec. 2-81 2002- Composition: Eleven (11) voting members. Appointed by the City Commission at-large, upon recommendations of the City Manager: One (1) member shall be the chief executive officer (CEO's) or a designated administrator from Mount Sinai Medical Center, One (1) member shall be the Chief Executive Officer (CEO) from Stanley C. Myers Community Health Center or his/her designee administrator; Two (2) member shall be an administrator from an Adult Congregate Living Facility (ACLF). And/or an Assisted Living Facility (ALF); One (1) member shall be a representative from the nursing profession; One (1) member shall be a health benefits provider; Two (2) members shall be physicians.; Two (2) members shall be consumers consisting of: 1) one (1) individual from the corporate level and ; 2) one (1) private individual. One member shall be a physician or an individual with medical training or experience. There shall be one (1) non-voting ex-officio representative from each of the following: The Miami Dade County Health Department, the Health Council of South Florida, and the Fire Rescue Department. The director of the Office of the Children's Affairs shall be added as a non-voting ex- officio member of the board. City Liaison: Clifton Leonard Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Anthony Japour ACLF 12/3112012 City Commission 12/31/16 Baruch Jacobs M.D. Health Provider 12/3112013 City Commission 12131115 Dr. Andrew Nullman Physician 12/31/2012 City Commission 12/31114 Dr. Jay Rein berg Physician 12/31/2012 City Commission 12/31/16 Dr. Stacey Kruger Physician 12/31/2012 City Commission 12131/16 Harold Foster Private Individual 12/31/2013 City Commission 12/31/15 Rachel Schuster ACLF 12/31/2012 City Commission 12/31/16 Shaheen Wirk Private Individual 12/3112013 City Commission 12/31/15 Steven Sonenreich CEO/Mt. Sinai/MH (NTL) 12131/2012 City Commission Tobi Ash Nursing Profession 1213112013 City Commission 12131/15 Todd Narson CEO MB Community Health 12/31/2012 City Commission Maria Ruiz Marisel Losa Applicants Caroline Cardenas Jared Plitt ex-officio, Director of Children's Affairs Rep. from the Health Council of South Fla Position/Title Tuesday, October 30, 2012 Applicants Ivan Rusilko Michael Steffens 419 Position/Title Page 24 of 52 Board and Committees Current Members Health Facilities Authority Board Composition: Four ( 4) year terms. Five (5) members shall consist of; two (2) health providers, Sec. 2-111 one (1) individual in the field of general business who possesses good standing in the community; one (1) accountant and; one ( 1) attorney. The chairperson of the Health Advisory Board shall serve as a non-voting advisor to the Authority. Members shall be residents of the City. Florida Statute 154.207 No term Limits. City Liaison: Patricia Walker Members: Name Allison Arthur Marc Mark Sidney Last Name Stone Unger Umlas Sinn reich Goldin Position/Title Attorney Accountant Health Provider Health Provider General Business vacant Chairperson, Health Advisory Board Applicants Miguel Antonio Aviles Rosalie Pincus Tuesday, October 30, 2012 Position/Title Term Ends: Appointed by: Term Limit: 06/19/2013 City Commission FS-154-207 06/19/2016 City Commission FS 154-207 06/19/2014 City Commission FS-154-207 06/19/2015 City Commission FS 154-207 06/19/2014 City Commission FS 154-207 Applicants Position/Title ""'"""""""""'""'""''''''''''''''''''''' Rachel Schuster Shaheen Wirk Page 25 of 52 420 Board and Committees Current Members Hispanic Affairs Committee Sec. 2-190.21 Composition: The committee shall consist of seven (7) members, with the Mayor and each Commissioner making one (1) appointment. The chairperson of the Hispanic Affairs Committee or his/her designee shall serve as a non-voting ex- officio member of the Community Relations Board. City Liaison: Nannette Rodriguez Members: Name Last Name Ana Cecilia Velasco Antonio Purrinos Eliane Soffer Francis Trullenque Ida Perea I Luz Rojas Patti Hernandez Applicants ························ Israel Sands Luis Iglesias-Ramirez Regina Suarez Tuesday, October 30, 2012 Position/Title Position/Title Term Ends: Appointed by: Term Limit: ································~·~~········~·······~~~··········· 12/3112013 Commissioner Michael G6ngora 12/31/18 12/3112012 Commissioner Jonah M. Wolfson 12131/17 12/31/2012 Commissioner Jorge Exposito 12/3112013 Commissioner Ed Tobin 12/31/2012 Commissioner Jerry Libbin 12/3112012 Mayor Matti Herrera Bower 12131/2013 Commissioner Deede Weithorn Applicants Luis Herrera Rafael Trevino Position/Title Page 26 of 52 421 12131/17 12131/15 12/31/16 12131/19 12131115 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 architectural or 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) An architect registered in the United States, a landscape architect registered in the state of Florida, a professional practicing in the field of architectural or urban design or urban plannng, each of the foregoing with practical experience in the rehabilitation of historic structures; or an attorney at law licensed to practice in the United States, or an engineer licensed in the state of Florida, each of the foregoing with professional experience and demonstrated interest in historic preservaton. 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. All members of the board except the architect, engineer, landscape architect, professional practicing in the field of architectural or urban design or urbam planning and university faculty member of the board shall be residents of , the city, provived, however, that the city commission may waive this requirement by a 5/7ths vote in the event a person not meeting these residency requirements is availale to serve on the board and is exceptionally qualified by training and/or experience in historic preservation matters. City Liaison: Thomas Mooney Members: Name David Dominique Henry Herb Ira Jane Josephine Applicants Andrew Fischer Francis Steffens Jeffrey Cohen John Stuart Last Name Wieder Bailleul Lares So sa Giller Gross Manning Marilys Nepomechie Raymond Adrian Tuesday, October 30, 2012 Position/Title Attorney At-large Faculty Member MDPL Reg. Architect Dade Heritage At-large Position/Title 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 12/31/2013 City Commission 12/31/2012 City Commission 12/31/2012 City Commission Applicants Position/Title ··············••······· Elizabeth Pines Guy Simani Jessica Jacobs Josh Gimelstein Morris Sunshine 422 Page 27 of 52 12/31/15 12/31/16 12/31/13 12/31/15 12/31/17 12/31/16 12/31/14 Board and Committees Current Members Housing Authority Composition: Four year appointment. Five (5) members, appointed by the Mayor. Reso 7031 421.05 Appointments must be confirmed by the City Commission. At least one (1) member who shall be a resident who is current in rent in a housing project or a person of low or very low income who resides within the housing authority's jurisdiction and is receiving rent subsidy through a program administered by the authority or public housing agency that has jurisdiction for the same locality served by the housing authority, which member shall be appointed at the time a vacancy exists. City Liaison: Anna Parekh Appointments To Be Made : Eugenio Cabreja Tenant Commissioner Members: Name Last Name Position/Title Emilio DeJesus Fernandez Michael Band Peter Chavelier Raymond Adrian Applicants Adrian Gonzalez Christian Folland Gotlinsky Barbara Prakash Kumar Tuesday, October 30, 2012 HA Commissioner HA Commissioner HA Commissioner HA Commissioner Position/Title 10/11/2012 Mayor Matti Herrera Bower 10/11/18 Term Ends: Appointed by: Term Limit: 10/11/2013 10/11/2013 10/11/2015 10/11/2014 Applicants Allan Hall Damian Gallo Julio Lora 423 Mayor Matti Herrera Bower Mayor Matti Herrera Bower Mayor Matti Herrera Bower Mayor Matti Herrera Bower Position/Title Page 28 of 52 10/11/17 10/11/16 10/11/19 10/11/18 Board and Committees Current Members Loan Review Committee Sec. 2-166 Composition: The committee shall consist of seven (7) voting members whom shall be direct appointments by the Mayor and City Commissioners. The finance director or his/her designee and the city manager or his/her designee shall serve as non- voting ex-officio members A member of the Community Development Advisory Committee (CDAC) shall be designated to serve as a non-voting ex-officio member of the LRC in order to facilitate communications between the LRC and CDAC. City Liaison: Rocio Soto Members: Name Eric Jay Juan Mario Mayra Michael Steve Last Name Lawrence Dermer Torres Coryell Diaz Buttacavoli Rotbart Zuckerman Position/Title ex-officio member of the CDAC Term Ends: Appointed by: Term Limit: 12/31/2012 12/31/2012 12/31/2013 12/31/2012 12/31/2013 12/31/2013 12/31/2012 """""'" Commissioner Michael Gongora 12/31/17 Commissioner Jonah M. Wolfson 12/31118 Mayor Matti Herrera Bower 12/31115 Commissioner Jorge Exposito Commissioner Ed Tobin Commissioner Deede Weithorn Commissioner Jerry Libbin 12/31/17 12/31/17 12/31/13 12/31/14 Patricia Walker ex-officio Finance director or his/her designee Applicants Allan Hall Stephanie Berman Tuesday, October 30, 2012 Position/Title Applicants Position/Title Lance Richardson Page29of52 424 Board and Committees Current Members Marine Authority Sec. 2-190.46 Composition: The marine authority shall consist of seven (7) voting members, who shall be direct appointments by the mayor and city commissioners, and one non voting, ex-officio member of the authority, who shall be a representative of the city marine patrol. Appointments to the authority shall consist of individuals who have had previous experience in the operation of or inspection of either marine vessels or marine facilities including experience in various types of boat activities, including fishing in the waterways of the city. The members of the marine authority shall have the right and duty to consult with any member of the city administration for technical or other information pertaining to the matters before them. City Liaison: Mercedes Carcasses Vacancy: To replace Ira Nusbaum To replace Joel Aberbach Members: Name Last Name Position/Title Antonio Maldonado Christopher Todd Daniel Kipnis Sash a Boulanger Stephen Bernstein Michael George ex-officio MB Marine Patrol Applicants ·················································•······· Britta Hanson Elaine Roden Jonathan Beloff Maurice Goodbeer Robert Glick Tuesday, October 30, 2012 Position/Title 12/31/2012 Commissioner Jerry Libbin 12/31/2013 Mayor Matti Herrera Bower Term Ends: Appointed by: Term Limit: 12/31/2012 12/31/2013 12/31/2013 12/31/2013 12/31/2012 Commissioner Michael Gongora 12/31/17 Commissioner Jorge Exposito 12/31/14 Commissioner Jonah M. Wolfson 12/31/16 Commissioner Ed Tobin 12/31/18 Commissioner Deede Weithorn 12/31/18 Applicants Position/Title """""""""""""""""""············································ Christian Folland Jacobo Epelbaum Matthew Paulini Paul Friedman William Cahill 425 Board and Committees Current Members Miami Beach Commission For Women Composition: Twenty-one (21) members. 2007-3570 s 2190- Each of the seven (7) members of the commission shall appoint three (3) members. The chairperson of the Commission on the Status of Women or its designee shall serve as a non- voting ex-officio member of the Community Relations Board. City Liaison: Wanda Geist Vacancy: To replace Ana Members: Name Claudia Debra (Debi) Elsa Francinelee Gertrude Jessica Karen Laura Laura Leslie Maribel Marjorie Mercedes Monica Nikki Regina Regina Roberta Recio Tiffany Applicants Dale Gratz Kasdin Last Name Moncarz Quade Orlandini Hand Arfa Conn Edelstein Cullen Bruney Coller Quiala York Carlson Harvey Weisburd Benrnan Suarez Gould Sullivan Lapciuc Eda Valero-Figueira Judith Berson-Levinson Marjorie O'Neill-Butler Michael Tichacek Natalia Datorre Wendy Kallergis Tuesday, October 30, 2012 Position/Title Position/Title 12/31/2013 Commissioner Ed Tobin Term Ends: Appointed by: Term Limit: 12/31117 12/31/2012 12/31/2013 12/31/2013 12/31/2013 12/31/2012 12/31/2012 12/31/2012 12/31/2013 12/31/2012 12/31/2013 12/31/2012 12/31/2013 12/31/2013 12/31/2012 12/31/2012 12/31/2012 12/31/2012 12/31/2013 12/31/2012 Mayor Matti Herrera Bower Commissioner Jerry Libbin 12131/19 Commissioner Jonah M. Wolfson 12/31/13 Commissioner Jerry Libbin 12/31/16 Commissioner Ed Tobin 12/31114 Commissioner Jonah M. Wolfson 12/31119 Commissioner Jerry Libbin 12/31/15 Commissioner Michael Gongora 12131/19 Commissioner Jorge Exposito 12/31/13 Commissioner Deede Weith om Commissioner Jorge Exposito Mayor Matti Herrera Bower 12/31/15 12/31/16 12/31113 Commissioner Jorge Exposito 12/31118 Commissioner Jonah M. Wolfson 12/31113 Commissioner Ed Tobin 12/31115 Mayor Matti Herrera Bower 12/31117 Commissioner Michael Gongora 12/31/17 Commissioner Deede Weithorn 12/31/15 Commissioner Michael G6ngora 12/31/19 12/31/2013 Commissioner Deede Weithorn 12131/17 Applicants Diana Fontani Martinez Jennifer Diaz Maria Begonia Calcerrada Merle Weiss Molly Leis Rebecca Boyce 426 Position/Title Page31 of52 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 Beatrice Charles Daniel Ed a Gregory Isadore Marjorie Merle Nina Zoila Applicants Annette Fromm Bradley Ugent Elizabeth Pines George Durham Last Name Hornstein Million Novel a Valero-Figueira Melvin Have nick O'Neill-Butler Weiss Duval Datorre Jason Witrock Jean-Francois Lejeune Jonathan Parker Kumar Prakash Mark Alhadeff Molly Leis Monica Minagorri Oliver Oberhauser Rebecca Diaz Tamra Sheffman Zarco Cyn Tuesday, October30, 2012 Position/Title Position/Title 12/31/2012 City Commission Term Ends: Appointed by: Term Limit: 12/31/2012 City Commission 12/31/2013 City Commission 12/3112012 City Commission 12/3112014 City Commission 12/3112014 City Commission 12/31/2013 City Commission 12/31/2012 City Commission 12131/2013 City Commission 12/31/2013 City Commission 12/3112014 City Commission Applicants Antoinette Zel Calvin Kohli Eugenio Cabreja Janda Wetherington Jean Fils Jenna Ward Karlene Mcleod Maria Cifuentes Marrero Michael McManus Monica Harvey Nathaniel Korn Patti Hernandez Robert Newman Wetherington Janda 427 Position/Title Page32 of 52 12/31/15 12/31/17 12/31/15 12/31/14 12/31/15 12/31/13 12/31115 12/31/17 12/31/13 12/31114 Board and Committees Current Members Miami Beach Human Rights Committee 2010-3669 Composition: The committee shall consist of a minimum of five (5) and a maximum of eleven (11) members, with one (1) out of every five (5) members, to be a direct appointment by the Mayor, and with the remaining members to be at-large appointments of the City Commission. The members of the committee shall reflect as nearly as possible, the diversity of individuals protected under the City's Human Rights Ordinance. In keeping with this policy, not less than two (2) months prior to making appointments or re-appointments to the committee, the City Manager shall solicit nominations from as many public service groups and other sources, which he/she deems appropriate, as possible. At least one (1) of the committee members shall possess, in addition to the general qualifications set forth herein for members, a license to practice law in the State of Florida; be an active member of and in good standing with the Florida Bar, and have experience in civil rights law. The attorney member shall also serve as chair of the committee. City Liaison: Ralph Granado Vacancy: Members: Name Alan Carlos J Dr. Barry Elizabeth Rafael Walker William Applicants To replace Michael Andrews To replace Todd Narson Last Name Position/Title Fishman Ortuno Ragone Schwartz Law Trevino Burttschell Warren Jr. Position/Title Andrea Lisa Travaglia Christopher Amisano Lori Gold Monica Harvey Tuesday, October 30, 2012 12/31/2013 City Commission 12/31/2012 City Commission Term Ends: Appointed by: Term Limit: 12/31/2013 12/31/2012 12/31/2012 12/31/2013 12/31/2012 12/31/2013 12/31/2013 Applicants Bradley Ugent Ivana Vento Luis Herrera 428 City Commission 12/31/16 City Commission 12/31/16 City Commission 12/31/16 City Commission 12/31/16 City Commission 12/31/16 City Commission 12131/16 Mayor Matti Herrera Bower 12/31/19 Position/Title Page33 of52 Board and Committees Current Members Miami Beach Sister Cities Program Sec. 2-181 Composition: The Coordinating Council is the governing body of the overall Sister Cities Program. The council shall consist of; one (1) representatives per Sister City affiliation and , nine (9) other members. All of these members are appointed by the mayor. The members of the coordinating council shall be persons who are interested in furthering the purpose of the program. Any person interested in furthering the purpose of the program may become a member of an individual sister city committee upon approval by the coordinating council. To qualify, the person shall present a resume and a letter of interest to the committee chairperson. These members are appointed by the Mayor of the City of Miami Beach for two (2) years. City Liaison: Diana Fontani Vacancy: To replace other 12/31/2013 Mayor Matti Herrera Bower Veronika Pozmentier To replace Daniela Krumlov, Czeck Rep. 12/31/2013 Mayor Matti Herrera Bower Linden-Retkova To replace Michael Fujisawa, Japan 12/31/2013 Mayor Matti Herrera Bower McNamee Members: Name Last Name · Position/Title Term Ends: Appointed by: Annette Fromm other 12/31/2012 Mayor Matti Herrera Bower Bruce Reich Nahariya, Israel 12/31/2012 Mayor Matti Herrera Bower Elaine Roden other 12/31/2013 Mayor Matti Herrera Bower Faye Goldin other 12/31/2012 Mayor Matti Herrera Bower Gary Twist Fortaleza Brazil 12/31/2012 Mayor Matti Herrera Bower George Neary other 12/31/2012 Mayor Matti Herrera Bower Ileana Bravo-Gordon Rio de Janeiro, Brazil 12/31/2012 Mayor Matti Herrera Bower Jacobo Epelbaum other 12/31/2013 Mayor Matti Herrera Bower Jenna Ward Almonte, Spain 12/31/2013 Mayor Matti Herrera Bower Jennifer Diaz Santa Marta, Colombia 12/31/2012 Mayor Matti Herrera Bower Jessica Londono lea, Peru 12/31/2012 Mayor Matti Herrera Bower Nuccio Nobel Cozumel, Mexico 12/31/2013 Mayor Matti Herrera Bower Ray Breslin Brampton, Canada 12/31/2013 Mayor Matti Herrera Bower Roberto DaTorre other 12/31/2013 Mayor Matti Herrera Bower Stephanie Trinidad other 12/31/2012 Mayor Matti Herrera Bower Wendy Kallergis Pescara, Italy 12/31/2013 Mayor Matti Herrera Bower Zeiven Beitchman other 12/31/2012 Mayor Matti Herrera Bower Term Limit: 12/31/19 12/31/13 12/31/17 12/31/18 12/31/17 12/31/16 12/31/19 12/31/19 12/31/19 12/31/19 12/31/17 12/31/16 12/31/16 12/31/16 12/31/16 12/31/19 12/31114 Applicants Position/Title Applicants Position/Title Ana Kasdin Ann Thomas Beatrice Hornstein Bruce Klaiber Charles Million Claudia Moncarz Darin Feldman Francesco Stipo Gabriel Paez Gregory Carney Tuesday, October 30, 2012 34 429 Board and Committees Current Members Israel Sands Josephine Pampanas Luis Iglesias-Ramirez Maria Rodriguez Rabbi Daniel Sherbill Tamra Sheffman Tuesday, October 30, 1012 Ivan Rusilko Luis Giraldo-De Ia hoz Marcella Paz Cohen Michael Rotbart Raymond Adrian Walter Lucero 430 Page35 of 52 Board and Committees Current Members Normandy Shores Local Gov. Neighborhood lmpv. Sec 34-175 Composition: The Advisory Council shall be appointed by the Board of Directors (City Commission) and composed of three members of the Executive Committee of the Normandy Shores Homeowner Association. On behalf of the Board of Directors, the City Clerk shall solicit from the Executive Committee the eligibity list of its members for appointment consideration. The Advisory Council shall be composed of the three members of the Executive Committee of the Normandy Shores Homeowners Association as per Resolution No. 97-22449 adopted July 2, 1997. City Liaison: Ronald Loring Vacancy: To replace Geoff Green Members: Name Manuel Ronald Applicants Eve Tegan Last Name Minagori Loring Miguel Antonio Aviles Sofia Emuriel Tuesday, October 30, 2012 Positionffitle Position/Title 12/31/2012 City Commission Term Ends: Appointed by: 12/31/2012 City Commission 12/31/2012 City Commission Term Limit: 12/31/15 12/31/14 Applicants Jonathan Porcelli Monica Minagorri Position/Title Page36 of 52 431 Board and Committees Current Members Parks and Recreational Facilities Board Composition: Sec. 2-171 The board shall be comprised of ten (10) members. Seven (7) direct appointments made by the mayor and each commissioner. The chairperson of the following boards/committees or their designees shall serve as nonvoting ex- officio members of the Parks and Recreational Facilities Board: 1) Beautification Committee, 2) Golf Advisory Committee, and 3) Youth Center Advisory Board (See Beach Preservation, ex-officio member.) Members of the board shall demonstrate interest in the City's Parks and Recreational Facilities and programs through their own participation or the participation of a member of their immediate family. City Liaison: Kevin Smith Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Rabin 12/31/2012 Mayor Matti Herrera Bower 12/31/13 Amy Harriet Jeffrey Jonathan Leslie Lizette Meryl Halpryn 12/31/2012 Commissioner Jonah M. Wolfson 12/31115 Forster 12/31/2013 Commissioner Michael Gongora Groff 12/31/2012 Commissioner Deede Weith om Graff 12/31/2012 Commissioner Ed Tobin Lopez (TL 12/31/2012) 12/31/2013 Commissioner Jerry Libbin Wolfson 12131/2013 Commissioner Jorge Exposito Daniel Nixon vacant vacant Ex-Officio member Beautification Committee Ex-Officio member of the Youth Center Adv. Board Ex-Officio member of Golf Advisory Cornmttee Applicants Annette Cannon Dolores Hirsh George Castillo Jason Witrock Laurie Kaye Davis Maria Cifuentes Marrero Michael Steffens Mojdeh Khaghan Paul Stein Tuesday, October 30, 2012 Position!fitle Applicants Dana Turken Eleanor Carney George Durham Jonathan Parker Lior Leser Maria Rodriguez Miguel Antonio Aviles Moni Cohen Walter Lucero 432 Position/Title Page37 of 52 12/31/19 12/31/17 12/31/15 12/31/12 12/31/13 Board and Committees Current Members Personnel Board Sec. 2-190.66 Composition: Ten (10) members appointed by a 5/7 vote. Six (6) of which shall I be citizens of Miami Beach not in the employment of the city, each having a different vocation; and three (3) regular employees of the City of Miami Beach, to be elected by the probationary and regular employees of the city and who shall be elected from the employees of regular status in the respective groups: Group I shall consist of the employees of the Police Department, Fire Department and Beach Patrol Department, Group II shall consist of employees who are in clerical and executive positions, Group III shall consist of all other employees, The Personnel Director is a non-voting member. City Liaison: Vacancy: Members: To replace David Richardson 12/31/2013 City Commission Name Last Name Position/Title (TL 12/31/2012) Term Ends: Appointed by: Term Limit: David Gabriel Michael Mojdeh Rosalie Christopher Diaz Evette Phillips George Castell Vacant Applicants Elsa Orlandini Lori Gold Alschuler Paez Perlmutter Khaghan Pincus (TL 12/31/2012) elected 07/20/2011 exp. 7/31/2014-Group I elected 07/09/2012 exp. 7/31/2015 Group III elected 07/23/2010 exp. 7/31/2013 Group II Human Resources Director Position/Title 12/31/2012 12/31/2012 12/31/2013 12/31/2012 12/31/2013 Applicants Gail Harris Richard Preira Tuesday, October 30, 2012 433 City Commission 12/31/12 City Commission 12/31/15 City Commission 12/31/12 City Commission 12/31/16 City Commission 12/31/15 Position/Title Page38 of 52 Board and Committees Current Members Planning Board Sec. 118-51 Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) regular voting members. The voting members shall have considerable experience in general business, land development, land development practices or land use issues.; however, the board shalk at a minimum be comprised of: 1) one architect registered in the state of Florida; or a member of the faculty of a school of architecture in the state, with practical or academic expertise in the field of design, planning, historic preservation or the history of architecture; or a landscape architect registered in the state of Florida; or a professional practicing in the fields of architectural or urban design, or urban planning; 2) one developer who has experience in developing real property; or an attorney in good standing licensed to practice law within the United States. 3) one attorney licensed to practice law in the state of Florida who has considerable experience in land use and zoning issues; 4) one person who has education and/or experience in historic preservation issues. For purposes of this section, the term "education and/or experience in historic preservation issues" shall be a person who meets one or more of the following criteria: A) Has earned a college degree in historic preservation; B) Is responsible for the preservation, revitalization or adaptive reuse of historic buildings; or C) Is recognized by the city commission for contributions to historic preservation, education or planning; and 5) three persons who are citizens at large or engaged in general business in the city No person except a resident of the city, who has resided in the city for at least one year shall be eligible for appoitment to the planning board. The City Commission may waive the residency requirements by a 5/7ths vote in the event a person not meeting these requiremets is available to serve on the board and is exceptionally qualified by training and/or experience. City Liaison: Katia Hirsh. Members: Name Last Name Charles Urstadt Daniel Veitia Henry Stolar Jean-Franco is Lejeune Jonathan Bel off Randy Weisburd Robert Wolfarth Alexander Annunziato Avi Ciment Bryan Rosenfeld Francis Steffens Gary Twist Jane Gross Jessica Conn Joy Malakoff ' ' "'"' ' ' ' '" """""'~" "' '"' Tuesday, October30, 2012 Positionffitle General Business Historic Preservation General Business Architect Attorney General Business Developer Position/Title Term Ends: Appointed by: Term Limit: 12/31/2013 City Commission 12/31/17 12/31/2012 City Commission 12/31/14 12/31/2013 City Commission 12/31/13 12/31/2012 City Commission 12/31/17 12/31/2013 City Commission 12/31/15 12/31/2012 City Commission 12/31/13 12/31/2013 City Commission 12/31/17 Applicants Position/Title Atala Anthony Brian Ehrlich Elizabeth Camargo Frank Kruszewski Guy Simani Jeffrey Cohen John Stuart Lior Leser 434 39 52 Board and Committees Current Members Mark Alhadeff Noah Fox Tuesday, October 30, 2012 Mario Courtney Robert Sena 435 Page40of52 Board and Committees Current Members Police Citizens Relations Committee Composition: The committee shall consist of seventeen (17) members, fourteen (14) of whom shall be voting members. Sec. 2-190.36 The members shall be direct appointments with the Mayor and City Commissioners, each making two (2) individual appointments. One (1) non-voting ex-officio member shall be from the non-administrative personnel of the police department selected by a majority vote of the non administrative personnel. Two (2) additional non-voting ex-officio members shall be the police chief (or a designee) and the city attorney (or a designee). The chairperson of the committee or his/her designee shall serve as a non-voting ex-officio member of the Community Relations Board. The Police/Citizen Relations Committee shall be assigned to the Police Department. Recommendations for appointment to all voting and non-voting membership selected by the Mayor and Commission shall be obtained from; the Spanish American League Against Discrimination (S.A.L.A.D.); the League of United Latin American Citizens (L.U.L.A.,C.]; The Anti-Defamation League, (A.D.L.); The Dade Action Pac; the National Association for the Advancement of Colored People (NAACPA); the League of Women's Voters, and any other organizations deemed appropriate. The voting members of the committee shall have knowledge of and interest in Police Community Relations and their impact on the City of Miami Beach. City Liaison: Chief Raymond Martinez Members: Name Beverly Claire Dina Gianluca Glenda Hope Jared Jared Jonathan Michael Mitchell Nelson Steven Walter Alex Bello R. Martinez Steve Rothstein Applicants Last Name Aberbach Warren Dis sen Fontani Krongold Fuller Plitt Dokovna Parker Grieco Korus Gonzalez Oppenheimer Lucero Position/Title Non-adm. Personnel of the PO Assistant Police Chief City Attorney Designee Position/Title """"'"""""'""'"""'"'''" "'""' ,,,,, '"' ' '""'"" Tuesday, October 30, 2012 Term Ends: Appointed by: Term Limit: 12/31/2012 Commissioner Jorge Exposito 12/31/13 12/31/2013 Mayor Matti Herrera Bower 12/31/18 12/31/2012 Commissioner Jerry Libbin 12/31/14 12/31/2012 Commissioner Jorge Exposito 12/31/18 12/31/2012 Commissioner Ed Tobin 12/31/15 12/31/2013 Commissioner Jerry Libbin 12/31/16 12/31/2013 Commissioner Deede Weithorn 12/31/15 12/31/2012 Commissioner Michael G6ngora 12/31/17 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 12/31/2012 Commissioner Michael G6ngora 12/31/19 12/31/2013 Mayor Matti Herrera Bower 12/31/18 12/31/2013 Commissioner Ed Tobin 12/31/15 12/31/2012 Commissioner Jonah M. Wolfson 12/31/17 12/31/2013 Commissioner Deede Weithorn 12/31/19 Applicants Position/Title Page 41 436 Board and Committees Current Members Barbara (Bunny) Patchen Deborah Ruggiero Eugenio Cabreja Irene Valines Jessica Jacobs Laura Cullen Maria Begonia Calcerrada Prakash Kumar Richard Preira Steven Gonzalez Tuesday, October 30, 2012 Bruce Klaiber Erik Goldman Eve Tegan Irene Valines Kumar Prakash Laura Morilla Michael Perlmutter Rachel Schuster Rosemarie Murillo Likens 437 Page 42 of 52 Board and Committees Current Members Production Industry Council Sec. 2-71 Composition: The council shall consist of seven (7) voting members, the Mayor and each Commissioner shall make one direct appointment. All regular members shall have knowledge of the fashion, film, new media, production, television and or recording industries of the city. Each of the six (6) industries shall be represented by at least one member, but no more than three (3) members, who are directly involved with that industry. City Liaison: Graham Winick Vacancy: Members: Name Allee Belkys Bruce Ivan Noreen Applicants Irene Valines Lisa Ware Paul Friedman To replace Ivan Pol Recording Industry To replace Joyce Production Galbut Last Name New hoff Nerey Orosz Parron Legault-Mendoza Position/Title Fashion Production Fashion News Media TV/Film Position/Title Tuesday, October 30, 2012 12/31/2013 Commissioner Jerry Libbin 12/31/2012 Mayor Matti Herrera Bower Term Ends: Appointed by: Term Limit:< 12/31/2012 12/31/2013 12/31/2012 12/31/2012 12/31/2013 Commissioner Jorge Exposito 12/31/13 Commissioner Deede Weithorn 12/31/18 Commissioner Ed Tobin 12/31/15 Commissioner Michael G6ngora 12/31/16 Commissioner Jonah M< Wolfson 12/31/17 Applicants Karlene Mcleod Natalia Datorre Position/Title Page 43 of 52 438 Board and Committees Current Members Safety Committee Sec. 2-176 Composition: Committee consists of fourteen (14) members who shall be direct appointments, two (2) appointments shall be made by the Mayor and each Commissioner. The members shall have knowledge of and interest in the safety of the citizens of the city. Ordinance 2010-3710 requires that one of the two direct appointments by the Mayor and each of the City Commissioners be Citizen Emergency Response Team (CERT) certified. City Liaison: Clifton Leonard Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Alfredo Rey 12/31/2012 Commissioner Deede Weithorn 12/31/17 Barbara Gillman 12/31/2012 Commissioner Jonah M. Wolfson 12/31/13 Baruch Sandhaus 12/31/2013 Commissioner Jorge Exposito 12/31/17 Calvin Kohli 12/31/2012 Commissioner Jerry Libbin 12/31/16 Irene Valines 12/31/2012 Commissioner Ed Tobin 12/31/19 Jane Hayes 12/31/2013 Commissioner Jerry Libbin 12/31/17 Jason Wit rock 12/31/2012 Commissioner Jorge Exposito 12/31/19 Jeannette Egozi 12/31/2013 Commissioner Michael Gongora 12/31/17 Jeff Gordon 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 Jerry Marsch 12/31/2012 Mayor Matti Herrera Bower 12/31/13 Joel Aberbach 12/31/2013 Mayor Matti Herrera Bower 12/31/19 Marcella Paz Cohen 12/31/2013 Commissioner Deede Weithorn 12/31/16 Michelle Green 12/31/2013 Commissioner Michael Gongora 12/31/19 Oren Lieber 12/31/2012 Commissioner Ed Tobin 12/31/14 Applicants Position/Title Applicants Position/Title Ida Percal Michael Perlmutter Michael Tichacek Michelle Green Orlinda Perez Perez Robert Blumenthal Silvia Rotbart William Cahill '' '"' """'"'''"""'"""""""""""""'" Tuesday, October 30, 2012 Page44 of 52 439 Board and Committees Current Members Single Family Residential Review Panel 2006-3529 Composition: The panel shall be composed of three (3) members, two of whom shall be architects an/or other registered design professionals, and one shall be a resident of the City, each to serve for a term of one (1) year. Panel members shall not deliberate in more than four (4) meetings per calendar year unless required due to inability to satisfy the quorum requirement. Panel members shall be chosen by the City Manager or designee on a rotating basis or as available from a list of not more than 20 architects and/or other registered design professionals, as well as a list of residents of the City. In developing the list of registered professionals, names should be submitted from the following associations: (1) American Institute of Architects, local chapter (2) American Society of Landscape Architects, local chapter (3) American Planning Association, local section ( 4) The Miami Design Preservation League (5) Dade Heritage Trust - Liaison: Thomas Mooney Vacancy: To replace Daniel Registered Design Prof. Vietia Jorge Gutierrez Registered Design Prof. (TL 12/31/14) Rafael Sixto Registered Design Prof. (TL 12/31/14) Members: Name Last Name Positionffitle new member Applicants Oliver Oberhauser Position/Title Tuesday, October 30, 1012 12/31/2012 Kathie G. Brooks, Int. City Manager 12/31/2012 Kathie G. Brooks, Int. City Manager 12/31/2012 Kathie G. Brooks, Int. City Manager Term Ends: Appointed by: 12/31/2012 Term Limit: Applicants Position/Title """""''"''''''''''''•'•'"''""""'""""""'""""' Page 45 of 52 440 Board and Committees Current Members Sustainability Committee 2008-3618 Composition: The Committee shall consist of seven (7) voting members, one each to be directly appointed by the Mayor and each City Commissioner. A Commissioner, appointed by the Mayor, shall serve as a non- voting member and shall serve as the chairperson of the Committee. The purpose of the Committee is to provide guidance and advice with regard to the City's efforts to provide and promote general environmental improvement trends, or "Green Initiatives," and "Sustainable Development", which is herein defined as a pattern of resource use that aims to meet community needs while preserving the environment so that these needs can be met, not only in the present, but in the indefinite future. The Committee shall make advisory recommedations to the City Commission and the City Manager to promote Citywide Green Initiatives and to promote and provide plans for Sustainable Development in the City of Miami Beach. City Liaison: Fred Beckmann Members: Name Last Name Position/Title Commissioner Gongora Debra Leibowitz Eric Hecht Gabriole Van Bryce Lanette Sobel Lily Furst Luiz Rodrigues Mitch Novick Applicants Position/Title •••••••••••············································•••·•••••••••••·••································ Amy Tancing Elizabeth Pines Marivi Iglesias Russell Hartstein Tuesday, October 30, 2012 Term Ends: Appointed by: Term Limit: 12131/2013 Mayor Matti Herrera Bower 12/31/2013 Commissioner Deede Weithorn 12/31/15 12/31/2013 Commissioner Jerry Libbin 12/31/19 12/31/2012 Commissioner Michael Gongora 12/31/17 12/31/2012 Commissioner Jorge Exposito 12/31/17 12/31/2013 Commissioner Jonah M. Wolfson 12/31116 12/3112012 Commissioner Ed Tobin 12/31/2013 Mayor Matti Herrera Bower Applicants Andrea Lisa Travaglia George Durham Michael Laas Walker Burttschell 441 Position/Title Page 46 of 52 12/31115 12/31/16 Board and Committees Current Members Tennis Advisory Committee 2012-3773 Composition: The Committee shall be composed of severn (7) members, each of whom shall be a voting member who has demonstrated a high degree of interest, participation, and/or expertise in the sport of tennis. The Mayor and City Commissioners shall each make one direct appointment to the committee. The Mission of the Tennis Committee is to improve the lives of residents by promoting the development and sound management of public facilities dedicated to the sport of tennis in the City of Miami Beach and to make recommendations, as appropriate, to the City Commission and the City Administration. The powers and duties of the Committee shall be to provide advisory recommendations regarding the use, operation, management, and development of public tennis facilities to the City Commission and the City Administration for such action as the City Commission and the City Administration may deem appropriate. Two years after the September 12, 2012 effective date of this Ordinance, the City Manager shall bring the provisions of this section before the City Commission for its review and consideration. City Liaison: Julio Magrisso Vacancy: Vacant Vacant Vacant Vacant Members: Name Last Name Dolores Hirsh Gayle Durham Rebecca Boyce Applicants Eve Tegan Michael Tichacek Tuesday, October 30, 2012 Position/Title Position/Title 12/31/2012 Mayor Matti Herrera Bower 12/31/2013 Commissioner Jerry Libbin 12/31/2012 Commissioner Jorge Exposito 12/31/2013 Commissioner Deede Weithorn Term Ends: Appointed by: Term Limit: ~·~·················~·~-···~~ ~···~~··~~~············~~ 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 12/31/2013 Commissioner Ed Tobin 12/31/19 12/31/2012 Commissioner Michael Gongora 12/31/19 Applicants Marlene Pross Vicki Petruzzelli 442 Position/Title Page 4'1 of 52 Board and Committees Current Members Transportation and Parking Committee Composition: Committee shall consist of fourteen (14) members. Sec. 2-190.91 The Mayor and City Commissioners shall each make one (1) appointment, with the other members of the committee to be composed of members from the following community organizations, each of which must designate a permanent coordinating representative: 1) Miami Beach Chamber of Commerce's Transportation and Parking Committee, 2) Miami Beach Community Development Corporation, 3) Ocean Dr. Association, 4) Miami Design Preservation League, 5) North Beach Development Corporation, 6) Mid-Beach Community Association, 7) Lincoln Rd Marketing, Inc., On an annual basis, the members of the committee shall elect a chairman and such other officers as may be deemed necessary or desirable, who shall serve at the will of the committee. Seven members of the committee shall consist of a quorum of the committee and shall be necessary in order to take any action. The members of the voting committee shall have knowledge of and interest in Transportation and Parking and their impact on the City of Miami Beach. The members of the board shall be officially designated by their respective organization, and letters certifying that designation shall be forwarded to the Miami Beach City Clerk. City Liaison: Saul Frances Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Dr. Corey Narson 12/31/2012 Commissioner Jerry Libbin 12/31/18 Eric Ostroff 12/31/2012 Commissioner Deede Weithorn 12/31/18 JP. Morgan 12/31/2013 Commissioner Michael Gongora 12/31/14 Josephine Pampanas 12/31/2012 Mayor Matti Herrera Bower 12/31/14 Maria Mayer 12/31/2013 Commissioner Ed Tobin 12/31/16 Scott Diffenderfer 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15 Seth Wasserman 12/31/2013 Commissioner Jorge Exposito AI Feola Delvin Fruit Jo Asmundsson Mark Weithorn vacant vacant William "Bill" Hahne Applicants Cheryl Jacobs Eleanor Carney Gianluca Fontani Rep. for the Ocean Dr. Imp. Assoc. 12/31/12 Rep. for Mid-Beach Community Assoc. -12/31/12 Rep. for MBCDC 12/31/12 Rep. for NBDC 12/31/13 Rep. for Lincoln Road Marketing Rep. for MBCC 12/31/12 Rep. for MDPL 12/31/13 Position/Title Applicants David Alschuler Gerhard Rima Ivana Vento Tuesday, October 30, 2012 443 Position/Title 48 of 52 12/31/16 Board and Committees Current Jacobs Jacobs Julio Lora Orlinda Perez Perez Sasha Boulanger Tuesday, October 30, 2012 Jeffrey Feldman Kumar Prakash Rima Gerhard Steven Oppenheimer 444 Page49 Board and Committees Current Members Visitor and Convention Authority Composition: Sec. 102-246 Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) member who shall be permanent residents of Miami-Dade County. The seven (7) members of the authority shall be representative of the community as follows: 1) Not less than two (2) nor more than three (3) members shall be representative of the hotel industry; 2) and the remaining members none of whom shall be representative of the hotel industry, shall represent the community at-large. Any member of the authority or employee therefore violating or failing to comply with provisions of this article shall be deem to have vacated his office or position. City Liaison: Grisette Roque. Members: Name Last Name Aaron Perry Jaqueline Hertz Jeff Lehman Keith Men in Margaret Benua (Peggy) Micky Ross Steinberg Steven Adkins Position/Title At-Large At-large Hotel Industry Hotel Industry At-Large At-large At-large Term Ends: 12/31/2012 12/31/2013 12/31/2013 12/31/2013 12/31/2012 12/31/2013 12/31/2012 Position/Title Applicants Appointed by: Term Limit: City Commission 12/31/16 City Commission 12/31/13 City Commission 12/31/13 City Commission 12/31/15 City Commission 12/31/17 City Commission 12/31/15 City Commission 12/31/14 Position/Title Applicants Antoinette Zel Calvin Kohli Christine Taplin Christopher Todd Eric Lawrence George Castillo Israel Sands Jeffrey Graff Jonathan Porcelli Karen Brown Natalia Datorre Steven Gonzalez ·~~~~~~~·····································~························~··~~~·············································· Tuesday, October 30, 2012 Brian Richard Charles Million Christopher Amisano Diana Fontani Martinez Frank Kruszewski Harold Foster James Lloyd Jennifer Diaz Joy Malakoff Karlene Mcleod Prakash Kumar Zahara Mossman 445 Page 50 of 52 Board and Committees Current Members Waterfront Protection Committee Sec. 2-190.122 Composition: The committee shall consist of: seven (7) voting members, one appointed by the Mayor and each Commissioner, and three (3) non- voting ex-officio members to be comprised as follows: 1) Seven (7) citizens having an interest in the preservation of the city's beaches and the purposes of the committee, 2) The city's environmental specialist as an ex-officio member, 3) An individual appointed by the Miami Dade County Department of Environmental Resources Management (DERM), Natural Resources Division who holds the position of Special Projects Administrator II as an ex-officio member and, 4) A member of the city's Beach Patrol. City Liaison: Elizabeth Wheaton Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Barbara Charles Jeffrey Matthew Morris Paul Robert Brian Flynn Joe Fisher lisa Botero Applicants Alan Fishman Luiz Rodrigues William Cahill """"""''''''''''''''''''''''''''''''' 12/31/2012 Commissioner Jerry Libbin 12/31/14 12/31/2012 Commissioner Deede Weithorn 12/31/18 12/31/2013 Mayor Matti Herrera Bower 12/31/19 12/31/2012 Commissioner Michael Gongora 12/31/13 12/31/2013 Commissioner Jorge Exposito 12/31/15 12/31/2013 Commissioner Ed Tobin 12/31/16 Hershkowitz Fisher Feldman Krieger Sunshine Friedman Kraft 12/31/2013 Commissioner Jonah M. Wolfson 12/31/16 ex-officio, Miami-Dade Co. Dept of Env. Res. Mgmt. ex-officio, City's Beach Patrol Lifeguard II ex-officio, City's Environmental Specialist Position/Title Applicants ............ ,,,,,,,,,,,,,,, James Weingarten Silvia Rotbart Position/Title Tuesday, October 30, 2012 Page 51 of 52 446 Board and Committees Current Members Youth Center Advisory Board Composition: The board shall consist of ten (10) members, Sec. 2-186 seven (7) of whom shall be voting members affiliated with the Scott Rakow Youth Center. Two (2) student resident users of the facility shall serve as non-voting ex-officio members; one (1) of these student users must attend a middle school, and the other must attend a high school. The director of the office of children's affairs shall serve as a non-voting ex-officio member. The chairperson of the Youth Center Advisory Board or his designee shall serve as a non-voting, ex-officio member of the Recreational Centers and Parks Facilities Board, to be renamed the Parks and Recreational Facilities Board. City Liaison: Ellen Vargas Vacancy: Members: Name Annette Dana Esther Jeffrey Michael Paul Stephanie Last Name Cannon Turken Egozi Choukroun Graff Burnstine Stein Rosen Position/Title Maria Ruiz ex-officio student rep. of a Middle School ex-officio student rep. of a High School ex-officio Dir. of Children's Affairs Applicants Aida EI-Matari Laurie Kaye Davis Rebecca Diaz Tuesday, October 30, 2012 Position/Title Term Ends: Appointed by: Term Limit: 12/31/18 12/31/2012 Commissioner Ed Tobin 12/31/2013 12/31/2012 12/31/2012 12/31/2013 12/31/2012 12/3112013 Applicants Commissioner Jorge Exposito 12131115 Commissioner Michael G6ngora 12131117 Commissioner Jerry Libbin 12131/16 Commissioner Jonah M. Wolfson 12/31119 Mayor Matti Herrera Bower 12131116 Commissioner Deede Weithorn 12131115 Position/Title Andrea Lisa Travaglia Marie Towers Page 52 of 52 447 City Commission Committaas Committe a Position First Nama Appointed by Finance & Citywide Projects'Committee Chairperson Commissioner Deede Weithorn Mayor Bower Vice-Chair Commissioner Jorge Exposito Mayor Bower Member Commissioner Michael Gongora Mayor Bower Alternate Commissioner Jerry Libbin Mayor Bower Liaison Patricia Walker, Chief Financial Off. Land Use & Development Committee Chairperson Commissioner Michael Gongora Mayor Bower Vice-Chair Commissioner Jonah Wolfson Mayor Bower Member Comril'issioner Jerry Libbin Mayor Bower Alternate Commissioner Ed Tobin Mayor Bower Liaison Richard Lorber, Acting Planning Dir Neighborhood/Community Affairs Committee Chairperson Commissioner Edward L. Tobin Mayor Bower Vice-Chair Commissioner Jerry Libbin Mayor Bower Member Commissioner Jorge Exposito Mayor Bower Alternate Commissioner Jonah Wolfson Mayor Bower Liaison Barbara Hawayek, Building Dept. Monday, October 29, 2012 448 NON-CTIY COMMISSION COMMITTEES Ricky Arriola Term ending May 2014 Mitchell Kaplan Term ending September 2012 Richard Milstein Term ending July 2014 The Adrienne Arsht Center for the Performing Arts Center Trust Mayor Matti Herrera Bower Citizens Oversight Committee Greater Miami Convention and Visitors Bureau (GMVB) Tourism Development Council Reappointed 3/21 /2012 Metropolitan Planning Organization (MPO) Commissioner Deede Weithorn Miami-Dade County Homeless Trust Board Commissioner Michael Gongora Miami Dade League of Cities Vacant Dade Cultural Alliance Victor Diaz effective 5/09/2012 Miami-Dade County Charter Review Task Force Commission\NON-CITY COMMISSION COMMIHEES.doc 449 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: Kathie G. Brooks, Interim City Manage~A DATE: November 14, 2012 SUBJECT: BOARD AND COMMITTEE APPOINTMENTS-CITY COMMISSION APPOINTMENTS ADMINISTRATION RECOMMENDATION Make appointments as indicated. BOARDS AND COMMITTEES 1. Affordable Housing Advisory Committee 2 Board of Adjustment 3. Miami Beach Cultural Arts Council 4. Miami Beach Human Rights Committee 5. Normandy Shores Local Gov. Neighborhood lmpv. 6. Personnel Board KGB/REG Agenda Item R Of IJ{ F:\CLER\$ALL\a City Commission\Commission Memo B & C FOR 11-14-12.doc Date JJ.-J (// /L 450 THIS PAGE INTENTIONALLY LEFT BLANK 451 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: R9B1-2 DATE: I HC/-12_ 452 THIS PAGE INTENTIONALLY LEFT BLANK 453 R9 -New Business and Commission Requests R9C The Committee Of The Whole Will Meet During Lunch Recess Of The November 14, 2012 City Commission Meeting At The City Manager's Office Large Conference Room To Discuss: 1) Staff Participation At Commission Organized Meetings; And 2) Implementation Of Charter Amendment Affecting The City Clerk. (City Manager's Office/City Attorney's Office) 454 Agenda ltem._..u._.!....=.-- Date__:....L..-;,......_;....__ THIS PAGE INTENTIONALLY LEFT BLANK 455 lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager ~A/--. DATE: November 14, 2012 SUBJECT: DISCUSSION REGARDING AN APPLICATION FOR A SIDEWALK CAFE PERMIT FOR THE DREXEL AVENUE AND 16TH STREET SIDEWALKS IN FRONT OF THE RETAIL SPACES OF THE PARK @ 420 GARAGE, LOCATED AT THE CORNER OF 16TH STREET & DREXEL AVE. BACKGROUND At the October 19, 2011 Commission Meeting, the Mayor and the City Commission granted a revocable permit for 420 Lincoln Road Development Group, owner of Lincoln East Garage located at 420 Lincoln Road for mid-tension, removable HPDE metal mesh that extends approximately five feet six inches (5'-6") over and into the public Right-of- Way on 16th street and Drexel Avenue. During the public hearing, Mr. Adam Shedroff spoke about his concern that the developer would request a sidewalk cafe permit and its impact on the surrounding residential neighborhood. In response to Mr. Shedroff's concerns, a motion was made by commissioner Libbin to approve the revocable permit and place a stay on any sidewalk cafe approvals pending a referral to the Land Use and Development Committee. On January 18, 2012 the Land Use and Development Committee discussed this issue. The attorney for the 420 Lincoln Road property and Mr. Adam Shedroff addressed the Committee and discussed several issues related to the operation of sidewalk cafes at this property. The Committee instructed that both parties meet and attempt to reach consensus before February 8, 2012. If consensus cannot be reached, then the matter was to be brought back to LUDC. On February 2, 2012, the Administration and staff from the Planning Department met with representatives of the 420 Lincoln Road property and Mr. Shedroff and his representative. After a discussion of the various issues, the attorney for 420 Lincoln Road proffered certain operational limitations on any sidewalk cafe that would be licensed. They are as follows: 1. No outdoor speakers; 2. Valet station would be located at the intersection of the alley located at the north west side of the garage across the street from the Church on Drexel; 3. There would be no limitation on the number of seats placed on the sidewalk until 7:00 PM, and; 4. After 7PM Monday -Thursday, 30 outdoor seats will be permitted until 11 :00 PM. On Friday-Sunday 40 outdoor seats will be permitted until12:00 PM. 5. All tables and chairs were to be located on Drexel Ave. north of the tree pit which is north of the bicycle rack on the west side of 1601-A. 456 Agenda Item Date £9D 11-J{[-tz_ Commission Memorandum Sidewalk Cafe at 1tfh Street and Drexel Avenue November 14, 2012 Page 2of 2 Mr. Shedroff requested time to consider the proposed limitations. On February 7, 2012 Mr. Shedroff communicated to all parties that he wanted to continue discussing the proposed conditions. On February 15, 2012 the Land Use and Development Committee again took up the issue. Jorge Gomez briefed the Committee on the meeting held between the property owner's representatives and Mr. Shedroff, the issues discussed, and the lack of consensus between the two parties. Additional public testimony was heard, and further discussion by the Committee centered upon attempting to balance the issue of sidewalk cafes near residential areas with the fact that this is commercial zoning and no other commercial area is limited in a similar manner. The Committee resolved the matter by deciding to lift the stay on the proposed sidewalk cafe, subject to the actual sidewalk cafe application for the property being presented to the Land Use Committee for final review and approval. On March 21, 2012, the item was presented to the City Commission as a resolution; however, the Commission voted to send the matter to the Neighborhoods/Community Affairs Committee, clarifying that the stay was not lifted, and directed that the NCAC should determine what the parameters for any approval should be. (Commission Item R7D, March 21, 2012-Requested by Commissioner Vice-Mayor Libbin) On September 24, 2012, the Neighborhoods/Community Affairs Committee discussed the matter further, and heard from both the attorney for the property owner and Mr. Shedroff, while they discussed modifications to the above stated restrictions, they did not reach consensus. As such, the Committee (Commissioners Tobin, Libbin and Exposito present) referred the discussion to the full commission with no recommendation. ANALYSIS The Administration understands the importance of striving to balance the issue of compatibility of sidewalk cafes which are located near residential areas against the similarly important need to continue to encourage economic growth and vitality by providing a unique environment for relaxation and food and beverage consumption in the City's Commercial areas. In this particular case, it is recommended that the City look at the property owner's previous voluntary proffer of limiting the location, intensity and hours of any proposed sidewalk cafe operation at the 420 Garage site, as these concessions should help to ensure that there is no negative impact of the sidewalk cafe upon nearby residential properties. KGB/JGG/RGL T:\AGENDA\2012\11-14-12\Sidewalk Cafe 16th and Drexel-MEMO.docx 457 City Commission Memorandum October 24. 2012 Report of the Neighborhoods/Community Affairs Committee of September 24. 2012 Page 7 of 9 Attachment A lengthy discussion ensued regarding planning, design and construction process involving both Public Works and CIP. City Engineer Richard Saltrick spoke on the design process. Commissioner Tobin stated that when these plans are done he is going to have an engineer review them and if there is a significant mistake in these plans he will hold staff responsible. Commissioner Tobin expressed his concern with the continued plantings of swales on North Bay Road. He suggested putting a stamp on plans for new homes or renovations that will let people know that this roadway is going to be redone soon and if they plant or repave in the right-of-way they are going to have to take it out. Commissioner Weithom expressed her concern with noticing residents during neighborhood projects. Her feeling is that noticing is not consistent. CIP Director Fernando Vazquez described the process for encroachments. He also mentioned that a new website will be coming online by the end of the year that will provide a tremendous amount of information for the residents. He agreed with the Commissioner and said his office will be ramping up communication and will work with the contractor and advice. ACTION: The Committee made no motion. 10. Discussion Regarding A Resolution Directing That An Application For A Sidewalk Caf8 Permit For The Drexel Avenue And 16th Street Sidewalks In Front Of The Retail Spaces Of The Park@ 420 Garage, Located At The Corner Of 16th Street & Drexel Ave. (5:25 PM) Assistant City Manager Jorge Gomez reviewed the background on this situation. Lucia Dougherty spoke. Adam Shedroff spoke. Commissioner Tobin suggested allowing the sidewalk cafe to be open until 10:00pm on weeknights and 12:00am on weekend evenings. Commissioner Gongora stated that he plans have his aide refer a discussion that when an item is referred to a committee, it stays with that committee and it does not bounce between multiple committees. Commissioner Tobin recommended sending this to commission to solve. The major differences are the one-hour on weekdays and the twenty (20) feet on outside tables. Jane Lesson spoke. Ray Breslin spoke. ACTION: The Committee (Commissioners Tobin, Libbin and Exposito present) referred this discussion to the full commission with no recommendation. 11. Discussion Regarding The Various Types Of Water Sports Activities That Exist Today To Amend The 1964 Ordinance. ACTION: Discussion of this item was deferred. 12. Discussion Regarding The Water Feature At The Washington Avenue Entry Of South 111 458 THIS PAGE INTENTIONALLY LEFT BLANK 459 IBE H OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Kathie Brooks, Interim City Manager Rafael E. Granado, City Clerk Jorge R. Exposito, Commissioner November 5, 2012 Agenda item: Federal Windstorm Program MEMORANDUM Please place a discussion item on the November 14, 2012 Commission Meeting Agenda regarding preparing a directive to Federal Legislature Lobbyist, asking them to promote a Federal Windstorm Program. We trust that you will find all in good order. Should you have any questions, please feel free to get in touch with my aide, Barbie Paredes at extension 6457. Best regards, JRE/bp ond Agenda Item R 9 E Date J/-1¥-12- 460 THIS PAGE INTENTIONALLY LEFT BLANK 461