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20130605 BMMIAMI BEACH City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive June 5, 2013 Mayor Matti Herrera Bower Vice-Mayor Jonah Wolfson Commissioner Jorge R. Exposito Commissioner Michael Gongora Commissioner Jerry Libbin Commissioner Edward L. Tobin Commissioner Deede Weithorn City Manager Jimmy L. Morales 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 Commission Agenda, June 5, 2013 Presentations and Awards PA1 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The Month For April2013. (Requested by Commissioner Jorge R. Exposito) PA2 Certificate Of Appreciation To Be Presented To Prague Princess For The Grand Opening Of Their New Boutique On 13th And Collins. (Requested by Commissioner Jorge R. Exposito) PA3 Certificates Of Appreciation To Be Presented To North Beach Elementary School Students For The Jennifer Beth Turken Heart Award. (Requested by Commissioner Jorge R. Exposito) PA4 Certificates Of Recognition To Be Presented To Principal, Vice Principals And Teachers Of Feinberg Fisher K-8 Center. (Requested by Commissioner Michael Gongora) PAS Certificates Of Recognition To Be Presented To Keep Paddlin', A Non-Profit Organization, Helping To Benefit Conservation Charities Events And Environmental Issues. (Requested by Commissioner Michael Gongora) PA6 Certificates Of Appreciation To Be Presented To Karem Cortez And Monet Guardado Of The Miami Beach Teen Club, For Singing The National Anthem At The Miami-Dade County League Of Cities Annual Installation Gala. (Requested by Commissioner Deede Weithorn) CONSENT AGENDA Action: Moved: Seconded: Vote: 2 Commission Agenda, June 5, 2013 C2 ~ Competitive Bid Reports C2A Request For Approval To Award Contracts To Fortiline, Inc., As Primary Vendor, And Sunstate Meter And Supply, Inc., As Secondary Vendor, Pursuant To Invitation To Bid (ITS) No. 068-2013, For The Purchase Of Water Meters, In The Annual Estimated Total Amount Of $124,000. (Public Works/Procurement) C28 Request For Approval To Award Contracts Pursuant To Invitation To Bid No. 145~2013, For Routine And Emergency Sanitary Sewer And Storm Water Pipes Cleaning, And Close Circuit Television (CCTV) Inspection Services, To JCC Enterprise Labor, Inc., The Lowest Bidder, As The Primary Vendor A&A Drainage & Vac Services, Inc., The Second Lowest Bidder, As The Secondary Vendor, And Shenandoah Construction, The Third Lowest Bidder, As The Tertiary Vendor. (Public Works/Procurement) C4 -Commission Committee Assignments C4A Referral To The Finance And Citywide Projects Committee-Discussion Regarding The Proposed Vacation Of The Alley Included In The Amended Plat Of The Aquarium Site Resubdivision (500 Block Of Alton Road). (Public Works) (Memorandum to be Submitted in Supplemental) C4B Referral To The Neighborhood/Community Affairs Committee -Discussion Regarding The Collins Park Garage Project (Collins Park Place). (Capital Improvement Projects Office) C4C Referral To The Finance And Citywide Projects Committee To Discuss Potential Annual Funding Sources For The Refund Of Green Building Program Certification Application And Review Fees As Stipulated By The Green Building Ordinance. (Requested by Commissioner Jerry Libbin) C40 Referral To The Neighborhood/Community Affairs Committee To Discuss The Enforcement Components Of The Recycling Ordinance. (Requested by Commissioner Jerry Libbin) C4E Referral To The Neighborhood/Community Affairs Committee To Discuss An Amendment To The Special Event Requirements And Guidelines To Include Recycling Requirements For All Special Events That Require A Sanitation Plan. (Requested by Commissioner Jerry Libbin) 3 Commission Agenda, June 5, 2013 C4 -Commission Committee Assignments (Continued) C4F Referral To The Neighborhood/Community Affairs Committee To Discuss An Amendment To The Energy Economic Zone Ordinance To Include Miami-Dade County's Green Business Certification Program As An Eligibility Criteria To Receive The EcoZone Program Tax Incentives. (Requested by Commissioner Jerry Libbin) C4G Referral To The Land Use And Development Committee To Discuss A Proposed Amendment To City Code Section 142-213-Conditional Uses. (Requested By Vice-Mayor Jonah Wolfson) C4H Referral To The Next Neighborhood/Community Affairs Committee A Report From City Staff On The Traffic Calming And School Zone Expansion Initiative For 41st Street Between Meridian Avenue And Garden Avenue To Improve School Safety At Nautilus Middle School. (Requested by Mayor Matti Herrera Bower) C41 Referral To The Health Advisory Committee For A Discussion On Educating People On HIV Prevention And The Importance Of Getting Tested For HIV. (Requested by Commissioner Michael Gongora) C4J Referral To The Land Use And Development Committee For A Discussion Involving Restricting A Portion Of City Street Located In The Middle Of St. Patrick's School And Pre-K School For Safety And Security Reasons. (Requested by Commissioner Michael Gongora) C4K Referral To Finance And Citywide Projects Committee Exploring The Impacts From The Reduction Of On-Street Parking Spaces On Alton Road Between 6th Street And Michigan Avenue Caused By The FOOT Project. (Requested by Commissioner Deede Weithorn) 4 Commission Agenda, June 5, 2013 C6 • Commission Committee Reports C6A Report Of The Neighborhood/Community Affairs Committee Meeting Of April 29, 2013: 1) Discussion And Update On The Citywide Dunes Maintenance Plan. 2) Discuss The Log Cabin Property And The Possibility Of A Collaborative Community Center. 3) Discussion Regarding The City Of Miami Beach Centennial, Which Will Occur On March 26, 2015. 4) Discussion Regarding A Long Term Solution For The Ongoing Rodent Issue On 41st Street. 5) Discussion Regarding Beach Erosion And Sand Shifting. 6) Discussion Regarding Amending Procedures For Appeals To The Special Master For Certain Frequent Code Enforcement Violations. 7) Discussion Regarding The Current Policy Against Bullying And Harassment In Miami-Dade Public Schools And Begin Planning For A Citywide Youth Anti Bullying Outreach Program. 8) Discussion Regarding Criminal Background Checks For Employees Of City Contractors And Spot Check Updates For Those Background Checks. 9) Discussion Regarding Placing An Informal Plaque At The Base Of The Sculpture Of Jackie Gleason. 10) Discussion Regarding The City Of Miami Beach Fire Prevention Fines And Citations Related To Nightclubs And Other Assemblies. 11) Discussion Regarding Possible Amendments To Chapter 70 Article Ill (Section 70-122-129), "Graffiti Ordinance." 12) Discussion Regarding Considering Hosting A Biannual Art Camp Held In Miami Beach In Cooperation With UNESCO. 13) Discussion Regarding Unexpected Board Vacancies Requiring Commission Vote. 14) Discussion Regarding Providing Reserved Parking For Monthly Permit Holders On Lower Floors In Our Garages To Alleviate Inconvenience Experienced By Permit Holders During Major Events Such As The Boat Show. 15) Discussion Regarding The Continuation Of The Adopt A Beach Pilot Program. 16) Discussion Regarding Miami Beach Mass Transit Loop And Transit Enhancements For North Beach. C6B Report Of The Capital Improvement Projects Oversight Committee Meeting Of April 15, 2013: 1) Attendance. 2) Review And Acceptance Of Minutes. 3) Public Comments. 4) Old Business/ Requested Reports: 4A. Status On The City's Ongoing Sewer Rehabilitation Program. 48. North Beach Neighborhoods: 1. Status Report: Normandy Isle Phase II Neighborhood Improvements; 2. Status Report: Biscayne Point Neighborhood Improvements Project; 4C. Middle Beach Neighborhoods: 1. Status Report: Central Bayshore Improvements; 2. Status Report: Lake Pancoast Improvements; 3. Status Report: Sunset Islands I & II; 4. Status On Sunset Islands Ill & IV; 5. Status On lower North Bay Road; 40. South Beach Neighborhoods: 1. Status Report: Venetian Islands Neighborhood Improvement Project; 2. Status Report: Palm & Hibiscus Island Neighborhood Improvements & Utilities Undergrounding; 3. Status Report: South Pointe Phase Ill, IV & V Neighborhood Improvement Project. 5) Commission Items: 5A. Central Bayshore - Bicycle Lane Along Prairie Avenue & Royal Palm Avenue; 58. Flamingo Park Football Field/Track Renovation Project. 5C. Additional Discussion: Flooding In Sunset Harbour Neighborhood. 5 Commission Agenda, June 5, 2013 C6 ~ Commission Committee Reports (Continued) C6C Report Of The Finance And Citywide Projects Committee Meeting Of May 13, 2013: 1) Discussion Of Performance And Operational Audit By Crowe Horwarth. 2) Discussion Regarding The Catering And Concessions For The Miami Beach Convention Center. 3) Discussion Regarding A Proposed Marketing Program For Sunscreen. 4) Discussion Regarding Renewal Of The Professional Services Agreement Between The City Of Miami Beach And The Superlative Group For Professional Services In Corporate Sponsorship Marketing Pursuant To Request For Proposal No. 06-04/S05. 5) Discussion Regarding PACE (Property-Assessed Clean Energy). 6) Discussion Regarding Budget Advisory Committee Recommended Pension Reform Policies And Guidelines. 7) Discussion Regarding The Issue Of Encouraging Businesses To Support The Effort Of Implementing More Homeless Meters. 8) Discussion Regarding The Collection Of City Liens. 9) Discussion Regarding The Implementation Of The Regional Climate Action Plan. Discussion Regarding To Review The 28 Rules To Determine What Can Be Done When Performing City Projects, To Avoid Doing Double Work And Increasing The Cost. 10) Discussion Regarding International City/County Management Association ("ICMA") Recommendations For Fire Department Efficiencies. 11) Discussion Regarding Labor Peace Agreements. 12) Discussion Regarding The Management Agreement For The Management Of The Miami Beach Convention Center And Colony Theater. 13) Discussion Of Senior Lunch Funding. 14) Discussion Of Lincoln Road (Euclid). 15) Discussion Of Waste Haulers. C7 -Resolutions C7 A A Resolution Approving And Authorizing The City Manager Or His Designee To Take The Following Actions: 1) Submit A Grant Application To The Florida's Safe Routes To School Program In The Approximate Amount Of $150,000 For Funding For Various Infrastructure Improvements, For Fienberg-Fisher K-8 Center; 2) Submit A Grant Application To The Florida's Safe Routes To School Program, For Funding, In The Approximate Amount Of $800,000 For Various Infrastructure Improvements At Nautilus Middle School And North Beach Elementary And For A Traffic Study And Various Infrastructure Improvements At Miami Beach Senior High School; 3) Submit An Application To Florida Department Of Transportation For Funding In The Approximate Amount Of $1,000,000 For Transportation Alternatives Program (TAP) Funds For The Middle Beach Recreational Corridor From 58th To 64th Street; And Further, Retroactively Approving The Following: 4) Submittal Of A Grant Application To The US Department Of Justice, Office Of Community Oriented Policing Services (COPS), Cops Hiring Program For Funding In The Approximate Amount Of $1,600,000 Over Three Years For The Hiring Of Additional Career Law Enforcement Officers; Appropriating The Above Grants, Matching Funds And City Expenses, If Approved And Accepted By The City Authorizing The Execution Of All Necessary Documents Related To The Aforestated Applications, Including, Without Limitation, Audits Of Such Grants, And Authorizing The City Manager Or His Designee To Take All Necessary Actions Related To These Grants. (Budget & Performance Improvement) 6 Commission Agenda, June 5, 2013 C7 -Resolutions (Continue) C7B A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The Mayor And City Clerk To Execute Amendment No. 25 To The Professional Services Agreement Between The City Of Miami Beach, Florida, And CH2MHill For The Professional Landscape, Architectural And Engineering Services For The Right-Of-Way Infrastructure Improvement Program For Neighborhood No. 8 Bayshore And Sunset Islands, Dated May 16, 2001 (The Agreement), For Additional Design Services To Update The Current Design To Adhere To The Public Works Department Storm Water Design Guidelines And To Incorporate The Seawall Reconstruction Design For The Street End Of 23rd Street For The Bayshore Neighborhood No. 8-Lower North Bayroad (Package B), For A Not To Exceed Amount Of $XXXX And An Additional Amount Of $XXXX For Reimbursables Expenses, For A Total Amount Of $XXXX, With Previously Appropriated Funding. (Capital Improvement Projects Office) (Memorandum to be Submitted in Supplemental) C7C A Resolution Authorizing The Mayor And City Clerk To Execute Amendment No. 2 To The Existing Professional Services Agreement Between The City Of Miami Beach And Atkins North America, Inc. Dated September 23, 2011, For The Bayshore Neighborhood No. 8 Right Of Way Infrastructure Improvement -Central Bayshore (Package A), Lower North Bay Road (Package B), And Lake Pancoast (Package C) Projects, For Additional Resident Project Representative Services, For A Period Of Eight (8) Months, In The Negotiated Not-To-Exceed Amount Of $234,409 And An Additional Amount Of $6,950 For Reimbursables Expenses, For A Total Amount Of $241,359, With Previously Appropriated Funding. (Capital Improvement Projects Office) C7D A Resolution Electing Commissioner Edward L. Tobin, Group V, As Vice-Mayor For A Term Commencing On July 1, 2013, And Terminating On October 31, 2013, Or On Such Date When A New Vice-Mayor Is Thereafter Elected. (City Clerk's Office) C7E A Resolution Waiving, By 5/7th Vote, The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City, And Approving The Purchase Of Two (2) Ford F- 450 Trucks In The Amount Of $77,056, From Duval Ford, From Contract No. 12-10-0905; One (1) Ford Expedition XL SUV, In The Amount Of $38,012, And One (1) Ford F-250 Truck, In The Amount Of $27,827, From Duval Ford, From Contract No. 12-20-0905; And Two (2) Traumahawk Ambulances From ETR, L.L.C., In The Amount Of $492,514, From Contract No. 11-10-1202; Through The Florida Sheriffs Association. (Fleet Management) C7F A Resolution Waiving, By A 5/7ths Vote, The Formal Competitive Bidding Requirements, Finding Such Waiver To Be In The City's Best Interest, And Authorizing The Mayor And City Clerk To Execute An Agreement With Cassidian Communications, Inc., For An Initial Term Of Two (2) Years, With The Option To Renew For Two (2) Additional Years, In The Annual Amount Of $12,415. (Information Technology) 7 Commission Agenda, June 5, 2013 C7-Resolutions (Continue) C7G A Resolution Waiving, By A 5/7ths Vote, The Formal Competitive Bidding Requirements, Finding Such Waiver To Be In The City's Best Interest, And Authorizing The Mayor And City Clerk To Execute An Agreement With AT&T To Add Centrex Services To The AT&T Master Service Agreement For A Term Of Three (3) Years, In The Annual Amount Of $183,000. (Information Technology) C7H A Resolution Waiving, By A 5/7ths Vote, The Formal Competitive Bidding Requirements, Finding Such Waiver To Be In The City's Best Interest, And Authorizing The Purchase Of Sports Lighting Systems From Musco Lighting For Purposes Of Standardization Of The City's Athletic Fields, Sport Courts, And Driving Range Lighting. (Parks & Recreation) C71 A Resolution Waiving, By A 5/7ths Vote, The Formal Competitive Bidding Requirements, Finding Such Waiver To Be In The City's Best Interest, And Authorizing The Purchase Of Airfares, Hotels, Meals, Local Transportation, Program Expenses And Any Associated League And Tournament Fees And The Purchase Of Prepared Foods And Related Products, To Be Utilized By The City Of Miami Beach Parks And Recreation Department's Participants In Programs And Activities Including, But Not Limited To, Athletics, Sports, Out Of Town Travel And In-House Local Events And Programs; Said Waiver Shall Be Authorized For A Period Of Three (3) Years, On A Year To Year Basis, Contingent Upon City Commission Approval Of The Department's Related Budget Allocation(s), The Department's Fund Raising Efforts And Receipt Of Sponsorships, Donations, Grants, And Other Funding Sources. (Parks & Recreation) C7 J A Resolution Approving The City's Exercise Of A One (1) Year Renewal Term Under The City's Current Contracts For Disaster Recovery Services With The Following Firms: Ashbritt, Inc.; Ceres Environmental Services, Inc.; Phillips And Jordan, Inc.; And Crowdergulf Joint Ventures, Inc. (With Such Renewal Term Commencing Retroactively On February 1, 2013, And Ending On January 31, 2014). (Public Works) C7K A Resolution Accepting A Donation From Aimee, Owner Of The Flamingo South Beach, Of Two (2) Park Benches And Landscaping At The Street End Of 14th Street. (Public Works) C7L A Resolution Approving An Amendment To The Flamingo Neighborhood Basis Of Design Report As Requested By The Flamingo Park Neighborhood Association For 10-Foot Wide Travel Lanes In The Local Avenues, 6-Foot Wide Sidewalks, And For A Cycle Track On 16th Street. (Public Works) 8 Commission Agenda, June 5, 2013 C7-Resolutions (Continue) C7M A Resolution Approving And Accepting Two (2) Easements From Dorothy Riggs, John Riggs, William Riggs, And BMO Harris Bank As The Owner Of The Property Located At 6876 Collins Avenue (The Publix Property) For: 1) A Utility Easement Located At The South End Of The Property For The Construction, Installation, Maintenance, Repair, And Replacement Of City Utilities; And 2) A Non-Exclusive Pedestrian Easement On The North Side Of The Property Parallel To The South Side Of 69th Street, From Collins Avenue To Harding Avenue. (Public Works) C7N A Resolution Waiving, By A 5/7ths Vote, The Formal Competitive Bidding Requirements, Finding Such Waiver To Be In The City's Best Interest, And Authorizing The Procurement Of Services By Community Asphalt To Adjust Or To Relocate Approximately Ninety-Three (93) Valve Boxes, Fourteen (14) Sanitary Sewer Manhole Covers, And Twenty-Two (22) Water Meter Boxes, Sixteen (16) Fire Hydrants, Two (2) Water Services, And One (1) 8-lnch Water Main For The FOOT Construction Project On Collins Avenue, From 5th Street To Lincoln Road, In Conjunction With The FOOT Project. (Public Works) C70 A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee On March 21, 2013, Allowing For The Use Of Vacant City-Owned Fee Simple Land, As May Become Available From Time To Time, For The Purpose Of Staging And/Or Storing Construction Equipment In Connection With City-Funded Construction Projects Only; And Further Directing The Administration To Develop Policies And Procedures For Such Purpose. (Real Estate, Housing & Community Development) C7P A Resolution Approving An Expenditure Of $5,050 For The City's Joint Tourism And Hospitality Scholarship Program In Partnership With Global Spectrum And Centerplate; And Further Awarding Said Scholarships. (Tourism, Culture & Economic Development) C7Q A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs Committee To Establish A Centennial Celebration Ad-Hoc Committee To Provide Ideas And Recommendations Pertaining To All Matters With Respect To Events And Activities Related To The City Of Miami Beach Centennial On March 26, 2015. (Tourism, Culture & Economic Development) C7R A Resolution Approving The Conceptual Plan Developed For The Euclid Avenue Street End Project On Lincoln Road; Further Authorizing The City Manager To Enter Into Negotiations With The Developer For An Agreement To Design And Build The Project. (Tourism, Culture & Economic Development) 9 Commission Agenda, June 5, 2013 C7-Resolutions (Continue) C7S A Resolution Adopting The Five-Year (FY 2013-2017) Consolidated Plan For Federal Funds In Substantially The Attached Form; And Authorizing The City Manager To Execute All Applicable Documents And To Submit The Five-Year (FY 2013-2017) Consolidated Plan To The U.S. Department Of Housing And Urban Development (HUD). (Real Estate, Housing & Community Development) End of Consent Agenda 10 Commission Agenda, June 5, 2013 REGULAR AGENDA R5 -Ordinances R5A Sunset Harbour Residential Parking Requirements An Ordinance Amending The Code Of The City Of Miami Beach, Florida By Amending Chapter 130, "Off-Street Parking," Article II "District; Requirements," Section 130-33 "Off-Street Parking Requirements For Parking Districts Nos. 2, 3, 4 And 5," By Amending The Parking Requirements For Sunset Harbour Parking District No. 5 For Residential And Live-Work Type Uses; Providing For Codification; Repealer; Severability; Applicability; And An Effective Date. 10:45 a.m. Second Reading Public Hearing (Requested by the Land Use & Development Committee) (Legislative Tracking: Planning Department) (First Reading on May 8, 2013) R5B An Ordinance Amending The Code Of The City Of Miami Beach By Amending Chapter 62, Entitled "Human Relations," By Amending Article Ill, Entitled "Domestic Partnerships," By Amending Section 62-128, Entitled "Employment Benefits" To Add Section 62-128(d) To Provide Tax Equity To City Employees With Domestic Partners Enrolled In The City's Health And Dental Plans Who Currently Bear A Disproportionate Tax Burden Over That Of Their Married Counterparts. 12:00 p.m. Second Reading Public Hearing (Requested by Commissioner Michael Gongora) (Legislative Tracking: Human Resources) (First Reading on May 8, 2013/Referred to FCWPC) (Memorandum to be Submitted in Supplemental) R5C Alton Road Historic District Buffer Overlay An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 142, "Zoning Districts And Regulations," Article Ill, "Overlay Districts," Creating Division 8 "Alton Road -Historic District Buffer Overlay," By Including Section 142-858 "Location And Purpose," And Section 142-859 "Development Regulations," Including Among Other Provisions Regulations On Maximum Floor Area Ratio; Maximum Building Height; Minimum Setbacks; Building Separation; Demolition Or Additions To Contributing Buildings In An Historic District; And Land Use Regulations For Location Of Retail Uses, Restaurants, Bars, Entertainment Establishments, Alcoholic Beverage Establishments And Similar Uses; Requiring Conditional Use Approval Of Such Uses In Excess Of 10,000 Sq. Ft.; And Prohibiting Alcoholic Beverage And Entertainment Establishments In Open Areas With Exceptions As Prescribed In The Ordinance; Providing For Codification; Repealer; Severability; And An Effective Date. 5:00 p.m. First & Only Reading Public Hearing (Requested by Land Use & Development Committee) (Legislative Tracking: Planning Department) 11 Commission Agenda, June 5, 2013 R5 -Ordinances (Continued) R5D Alton Road Parking District No. 6 An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 130 Off-Street Parking, Article II "Districts; Requirements," Section 130-31 "Parking Districts Established," Creating A New Parking District No. 6, And Section 130-33 "Off-Street Parking Requirements For Parking Districts Nos. 2, 3, 4 And 5," By Adding New Parking Regulations For Parking District No. 6, For Properties With A Lot Line On Alton Road, From 5th Street To Dade Boulevard, Including A Reduction In Off-Street Parking Requirements For Certain Land Uses And Bicycle Parking Requirements; Providing For Codification; Repealer; Severability; And An Effective Date. 5:05 p.m. Second Reading Public Hearing (Requested by Vice-Mayor Jonah Wolfson) (Legislative Tracking: Planning Department) (First Reading on May 8, 2013) R5E An Ordinance Amending Miami Beach City Code Chapter 38 Entitled "Elections," By Including Reference To Applicable Statutory Provisions Of Florida Election Code; Correcting Typographical Errors; Amending City Code Section 38-4 To Provide For Commission Canvassing Of Election Returns On The First Business Day Immediately Following The County Supervisor Of Election's Issuance Of Final Election Returns And Confirming Authorization Of Emergency Commission Action Taken At Any Commission Meeting Occurring Between General Election Date And Acceptance Of Final Run-Off Election Returns; Amending City Code Section 38-6 By Establishing The Number Of Days For Early Voting Relative To City General, Run-Off And Special Elections Upon City Commission Authorization Of Early Voting, And Authorizing City Commission To Change Early Voting Schedule For Elections Not Held In Conjunction With County Or State Elections; And Creating City Code Section 38-7 Entitled "Petitions" Establishing Information To Be Provided By Petition Circulators And Persons Signing Initiative, Referendum And/Or Recall Petitions; Providing For Repealer, Severability, Codification, And An Effective Date. First Reading (Requested by Neighborhood/Community Affairs Committee) (Legislative Tracking: City Attorney's Office) R5F An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 2, Entitled "Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees," By Amending Division 1, Entitled "Generally," By Amending Section 2-22, Entitled "General Requirements," To Provide Procedures For The Filling Of Special Vacancies On The Board Of Adjustment, Planning Board, Design Review Board, And Historic Preservation Board; By Amending Section 2-24, Entitled "Termination Of Office Of Agency, Board And Committee Members," To Amend The Exception Provisions To Include Special Vacancies Filled Pursuant To Section 2-22 (21); And Providing For Repealer, Severability, Codification, And An Effective Date. First Reading (Requested by Commissioner Deede Weithorn) (Legislative Tracking: City Attorney's Office) 12 Commission Agenda, June 5, 2013 R7 -Resolutions R7 A A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 3 To That Certain Retail Lease Agreement By And Between The City Of Miami Beach, The Miami Beach Redevelopment Agency (Collectively, Lessor), And Penn 17, LLC (Lessee), Dated September 16, 2011, Involving The Lease Of Approximately 7,655 Square Feet Of Ground Floor Retail Space At The Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida; And Further Approving, Following A Duly Noticed Public Hearing As Required By Section 142-362 Of The City Of Miami Beach Code, An Entertainment Component, Which Will Be Added As An Additional Use Of The Leased Premises In Conjunction With Tenant's Re-Opening And Re-Branding Of Such Premises. 10:00 a.m. Public Hearing, Joint City Commission & Redevelopment Agency (Real Estate, Housing & Community Development) (Continued from May 8, 2013) (Memorandum to be Submitted in Supplemental) R7B A Resolution Accepting The Recommendation Of The City Manager Pursuant To Invitation To Negotiate (ITN) No. 059-2013ME, Approving All Material And Substantive Terms Of An Agreement Between The City And Aramark Sports And Entertainment Services, LLC. (Aramark) To Provide Professional Food And Beverage Facilities Management Services For The Miami Beach Convention Center; Based On Those Material And Substantive Terms And Conditions In The Term Sheet Attached As Exhibit "A" To This Resolution; Authorizing And Directing Aramark And The City Manager And City Attorney's Office To Finalize The Agreement Based On The Approved Term Sheet; Further Authorizing Aramark And The City Manager And City Attorney's Office To Make Any Non-Substantive And Non-Material Revisions And/Or Additions To The Agreement, As Required, And Authorizing The Mayor And City Clerk To Execute The Final Agreement (Said Agreement Having An Initial Term Of Three (3) Years, Commencing On October 1, 2013, And Ending On September 30, 2016, With Two (2) One Year Renewal Terms, To Be Exercised At The City's Sole Option And Discretion). (Tourism, Culture & Economic Development) {Memorandum to be Submitted in Supplemental) R7C A Resolution Waiving, By 5/7th Vote, The Competitive Bidding Requirement And Approving An Agreement Between The City And Global Spectrum, LP (Global) For The Operation, Management, Maintenance, Promotion And Marketing Of The Miami Beach Convention Center And Colony Theatre, Based On Those Material And Substantive Terms And Conditions In The Term Sheet Attached As Exhibit "A" To This Resolution; Authorizing And Directing Global And The City Manager And City Attorney's Office To Finalize The Agreement Based On The Approved Term Sheet; Further Authorizing Global And The City Manager And City Attorney's Office To Make Any Non-Substantive And Non-Material Revisions And/Or Additions To The Agreement, As Required, And Authorizing The Mayor And City Clerk To Execute The Final Agreement (Said Agreement Having An Initial Term Of Three (3) Years, Commencing On October 1, 2013, And Ending On September 30, 2016, With Two (2) One Year Renewal Terms, To Be Exercised At The City's Sole Option And Discretion). (Tourism, Culture & Economic Development Department) 13 Commission Agenda, June 5, 2013 R7 -Resolutions (Continued) R7D A Resolution Approving A Settlement Agreement Between Seville Acquisition, LLC, And The City Of Miami Beach, Concerning The Partial Demolition Of The Boardwalk And The Construction Of A Beachwalk Behind The Marriott Edition Hotel At 29th Street And Collins Avenue, And Authorizing The Mayor And City Clerk To Execute The Settlement Agreement, And Authorizing The City Manager And City Attorney To Take Such Actions As May Be Necessary To Carry Out The Intent Hereof. (City Attorney's Office) R7E A Resolution Consenting To And Confirming The Appointment Of David Martinez As The Acting Director Of The Office Of Capital Improvement Projects For The City Of Miami Beach. (Human Resources) (Memorandum to be Submitted in Supplemental) R7F A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs Committee At Its May 20, 2013 Meeting Regarding Housekeeping Amendments To Chapter 38 Of The City Code Concerning Early Voting, Acceptance Of Run-Off Election Returns, And Petitions. (City Attorney's Office) R7G A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs Committee At Its April 29, 2013 Meeting To Consider An Ordinance Addressing Unexpected Vacancies On The City's Land Use Boards, And Including Notice And Waiting Period Provisions For The Filling Of Such Vacancies. (Requested by Commissioner Deede Weithorn) (Legislative Tracking: City Clerk's Office) R9 -New Business and Commission Requests R9A Board And Committee Appointments. (City Clerk's Office) R9A 1 Board And Committee Appointments -City Commission Appointments. (City Clerk's Office) R9A2 Reappoint Mitchell Kaplan As One Of The City's Representatives To The Adrienne Arsht Center For The Performing Trust. (Requested by Mayor Matti Herrera Bower) R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30p.m.) 14 Commission Agenda, June 5, 2013 R9 ~ New Business and Commission Requests (Continued) R9C Update On The Miami Beach Convention Center Project. (City Manager's Office) (Report to be Submitted in Supplemental) R9D Discuss A Resolution Requiring The Two Short Listed Proposer Firms Being Disqualified If They Do Not Submit The Required Affidavits On Or Before May 1, 2013, For The Convention Center RFQ. (Requested by Vice-Mayor Jonah Wolfson) (Not Reached on May 8, 2013) R9E Discuss Repealing Sec. 74-1, Entitled "Soliciting Business In Public From Pedestrians" Of The Code Of The City Of Miami Beach, Florida And/Or A Referral To The Land Use And Development Committee To Discuss Said Section 74-1. (Requested by Vice-Mayor Jonah Wolfson) (Not Reached on May 8, 2013) R9F Discussion Regarding The Protocol Of Items The Commission May Entertain During Sutnick Hour. (Requested by Commissioner Jorge R. Exposito) R10-City Attorney Reports R1 OA City Attorney's Status Report. (City Attorney Office) R 1 OB 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, June 5, 2013, In The City Manager's Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To Collective Bargaining. 15 Commission Agenda, June 5, 2013 R10-City Attorney Reports (Continued) R 1 OC Closed Attorney-Client Session Pursuant To Section 286.011, Florida Statutes, The City Attorney Hereby Advises The Mayor And City Commission That He Desires Advice Concerning The Following Pending Litigation Matter: Seville Acquisition, LLC v. City Of Miami Beach Case No.: 2013-17539-CA-01 Therefore, A Private Closed Attorney-Client Session Will Be Held During The Lunch Recess Of The City Commission Meeting On June 5, 2013, In The City Manager's Large Conference Room, Fourth Floor, City Hall To Discuss Settlement Negotiations And/Or Strategy Related To Litigation Expenditures With Regard To The Above-Referenced Litigation Matters. The Following Individuals Will Be In Attendance: Mayor Matti Herrera Bower; Members Of The City Commission: Jorge R Exposito, Michael Gongora, Jerry Libbin, Edward L. Tobin, Deede Weithorn And Vice-Mayor Jonah Wolfson; City Manager Jimmy Morales, City Attorney Jose Smith, And First Assistant City Attorney Gary Held. Reports and Informational Items 1. Reports and Informational Items (see LTC 184-2013) 2. List of Projects Covered by the Cone of Silence Ordinance -LTC No. 175-2013. (Procurement) End of Regular Agenda 16 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.rniarnibeachfl.gov HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THE REGULARLY SCHEDULED MEETINGS OF THE CITY COMMISSION ARE ESTABLISHED BY RESOLUTION. SCHEDULED MEETING DATES ARE AVAILABLE ON THE CITY'S WEBSITE, DISPLAYED ON MBTV 77, AND ARE AVAILABLE IN THE CITY CLERK'S OFFICE. COMMISSION MEETINGS COMMENCE NO EARLIER THAN 9:00 AM. GENERALLY THE CITY COMMISSION IS IN RECESS DURING THE MONTH OF AUGUST. 1. DR. STANLEY SUTNICK CITIZENS' FORUM will be held during the first Commission meeting each month. The Forum is split into two (2) sessions, 12:30 p.m. and 5:30p.m., or as soon as possible thereafter, provided that the Commission Meeting has not already adiourned prior to the time set for either session of the Forum. In the event of adiournment prior to the Stanley Sutnick Citizens' Forum, notice will be posted on MBTV 77, and posted at City Hall. Approximately thirty (30) minutes will be allocated for each session, with individuals being limited to no more than three (3) minutes or for a time period established by the Mayor. No appointment or advance notification is needed in order to speak to the Commission during this Forum. 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: yvww.miamibeachfl.gov the Thursday prior to a regularly scheduled City Commission Meeting. 3. Any person requesting placement of an item on the Agenda must provide a written statement with his/her complete address and telephone number to the Office of the City Manager, 1700 Convention Center Drive, 4th Floor, Miami Beach, Fl 33139, briefly outlining the subject matter of the proposed presentation. In order to determine whether or not the request can be handled administratively, an appointment may be scheduled to discuss the matter with a member of the City Monager1s 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 1s business and has been addressed in sufficient detail so that the City Commission may be fully apprised. Such written requests must be received in the City Manager's Office no later than noon on Monday of the week prior to the scheduled Commission meeting to allow time for processing and inclusion in the Agenda package. Presenters will be allowed sufficient time, within the discretion of the Mayor, to make their presentations and will be limited to those subjects included in their written requests. 4. Once an Agenda for a Commission Meeting is published, persons wishing to speak on item(s)listed on the Agenda, other than public hearing items and the Dr. Stanley Sutnick Citizens Forum, should call or come to City Hall, Office of the City Clerk, 1700 Convention Center Drive, telephone (305)673-7 411, before 5:00 p.m., no later than the day prior to the Commission meeting and give their name, the Agenda item to be discussed, and if known, the Agenda item number. 5. All persons who have been listed by the City Clerk to speak on the Agenda item in which they are specifically interested, and persons granted permission by the Mayor, will be allowed sufficient time, within the discretion of the Mayor, to present their views. When there are scheduled public hearings on an Agenda item, IT IS NOT necessary to register at the City Clerk 1s 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 molter, which is not listed on the Agenda, there will be a period allocated at the commencement of the Commission Meeting when the Mayor coils 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 Ml 2013 Schedule of City of Miami Beach City Commission and Redevelopment Agency (RDA) Meetings Meetings begin at 9:00 a.m., and are held in the City Commission Chambers, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. Commission Meetings Alternate Meetings January 16 (Wednesday) January 23 (Wednesday) February 6 (Wednesday) February 27 {Wednesday) March 13 (Wednesday) March 20 (Wednesday) April 17 (Wednesday) April 24 (Wednesday) May 8 (Wednesday} May 22 (Wednesday) June 5 (Wednesday} July 17 Wednesday} July 24 Wednesday) August .. City Commission in recess September 11 (Wednesday) October 16 (Wednesday) October 23 (Wednesday) November 6 {Wednesday} -Election related only November 20* (Wednesday} November 27 (Wednesday) December 11 (Wednesday) December 18 (Wednesday} *If runoff election only F:\ClER\$ALl\a City Commission\2013 Schedule of City of Miami Beach.docx CITY CLERK'S OFFICE LOBBYIST LIST June 5, 2013 Commission Meeting ~-=-L=o=-b-by-::-ci:-:-st_'s_N=-a-m--:-e =-'-1_-=-_.:-__ .. R.-=··e::-::ia_·-~:--:n~~--~~---Pr_in_c_i p_a_' ...... _:_~r -o=-a_t_e -R-e-gTstere~---·-····.1 _o_~-~:~u~; -j RSD Alton Road Parking District No. 6 1 '"'·· .. . . .. ·.. ... . .. . . .. . ·=~=~~J'""', ......... ~ 0410812~08 •.•· ITo b~ discuS:d ~;, _,. "~ :"_:·::;~·,·:. /:' :-:!'~'".};:; :~>-&·f~~t-.;~-~-k:~\~~~~~~:-.~~;£.,:~-::::> <;-\· .-:::>~·~;<;,<,._ ·· ·:·;_·:·:~·-t · ':~:::;~~:~~~-,~--~,~~-·: t :~·;; .,.: ··: :~,<-~;~~ -~-{~-~->~: · •. -i :~:;;~-:Ft.', .. ,_.;t<·-.:~-"' ·-"" ·. ·_;._ .... " · ~ R7D Approve Settlement Agreement with Seville Acquisition, LLC. -oo.ilaTcl"w~a~s-h-burn··--··s-eville Acquisition, Ll.c·--~-----,-·-·~cJ3722i2_o_1_1 --....---$=-6~ooo ~--- Deana Falce Tom Muia/Seville Acquisition 05/20/2013 $400 per hour Paul Diamond 10/23/2012 No compensation -·-·-·---~··~--····--·~~~--··· --·-~·~--· Victor Diaz Robert Wennett 11/20/2012 No compensation~~ ----~~-~ Lucia Dougherty Portman Holdings 04/05/2012 $700 per hour ~-···-···~-- Alfredo Gonzalez Portman Holdings 04/05/2012 $4SOper hour Pamela Friedlander RobertS. Wennett/Tishman 03/21/2013 Not available ··------~~--·-~-·~·~---~----··---~·-··- Robert Goodman Portman/CMC 07/06/2012 $3,000 per month Jack Hartog Douglas Conner, Centerplate 04/03/2013 $345 per hour Alexander Heckler Jonathan Kurry-Turn berry 04/30/2012 $30014001 hour Marcelo Llorente Philip Goldfarb 12/05/2011 --~-- Wayne Pathman CConnecMB 06/03/2012 $450 per hour- Aaron Perry MB Chamber of Commerce 01/15/2013 No compensation ~--~----· ---·--· David Rothenberg Robert S. Wennett 01/29/2013 ------David Sacks CConnecMB 06/03/2012 Dan Tishman Robert S. Wennett 12/21/2012 No compensation ---··· PA PRESENTATIONS AND AWARDS "tJ )> Presentations and Awards PA 1 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The Month For April 2013. (Requested by Commissioner Jorge R. Exposito) PA2 Certificate Of Appreciation To Be Presented To Prague Princess For The Grand Opening Of Their New Boutique On 13th And Collins. (Requested by Commissioner Jorge R. Exposito) PA3 Certificates Of Appreciation To Be Presented To North Beach Elementary School Students For The Jennifer Beth Turken Heart Award. (Requested by Commissioner Jorge R. Exposito) PA4 Certificates Of Recognition To Be Presented To Principal, Vice Principals And Teachers Of Feinberg Fisher K-8 Center. (Requested by Commissioner Michael Gongora) PAS Certificates Of Recognition To Be Presented To Keep Paddlin', A Non-Profit Organization, Helping To Benefit Conservation Charities Events And Environmental Issues. (Requested by Commissioner Michael Gongora) PA6 Certificates Of Appreciation To Be Presented To Karem Cortez And Monet Guardado Of The Miami Beach Teen Club, For Singing The National Anthem At The Miami-Dade County League Of Cities Annual Installation Gala. (Requested by Commissioner Deede Weithorn) Agenda Item PA \ -b Date b-s-~ 1.3 THIS PAGE INTENTIONALLY LEFT BLANK C2 COMPETITIVE BID REPORTS COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award Contracts To Fortiline, Inc., As Primary Vendor, And Sunstate Meter And Supply, Inc. As Secondar Vendor, Pursuant To Invitation To Bid ITB No. 068-2013, For The Purchase Of Water Meters. orted: Supporting Data (Surveys, Environmental Scan, etc.): Issue: I Shall the City Commission approve the award of Contracts? Item Summary/Recommendation: This contract is for the purchase of water meters sizes 5/8 inches through 4 inches that meet the ANSI/AWWA latest standards. The City purchases annually approximately 1 ,000 water meters in various sizes. City staff currently performs installation and maintenance of all water meters. The City intends to purchase, replace and retrofit its existing water meters. The City will purchase approximately 1 ,000 new water meters annually, on an as needed basis. Invitation to Bid (ITB) No. 068-2013, was issued on March 7, 2013 with a bid opening date of April4, 2013. One (1) addendum was issued to provide additional information and to respond to questions submitted by the prospective bidders. Public Purchase issued bid notices to 17 prospective bidders, and a total of five (5) companies downloaded the document. The notices resulted in the receipt of four (4) bids from the following companies: Fortiline, Inc.; Innovative Metering Solutions, Inc.; Mueller Systems, LLC; and Sunstate Meter and Supply, Inc. The contract(s) entered into with the successful bidder(s) will have an initial term of two (2) years, and may be renewed at the sole discretion of the City, through its City Manager, for three (3) additional one (1) year terms. Award is being recommended to Fortiline, Inc., the lowest bidder, as primary vendor, and Sunstate Meter and Supply, Inc., the second lowest bidder, as secondary vendor. APPROVE THE AWARD OF CONTRACTS. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Funds: I 1 $124,000 Public Works Meter Services Account No. 425-0410-000680 1 ~ 2 3 OBPI Total $124,000 1 Financial Impact Summary: Future year expenditures will be based on approved budgeted amounts. MIAMI BEACH AGENDA ITEM _C_:l_;_A __ DATE b-5'-/~ ... m 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 M FROM: Jimmy L. Morales, City Manager DATE: June 5, 2013 SUBJECT: REQUEST FOR APPROVAL TO A ARD CONTRACTS TO FORTILINE, INC. AS PRIMARY VENDOR, AND SUNSTATE ME R AND SUPPLY, INC. AS SECONDARY VENDOR, PURSUANT TO INVITATION TO Bl (ITB) NO. 068-2013, FOR THE PURCHASE OF WATER METERS, IN THE ANNUAL ESTIMATED TOTAL AMOUNT OF $124,000. ADMINISTRATION RECOMMENDATION Approve the award of contracts. KEY INTENDED OUTCOME Maintain City's Infrastructure. FUNDING The amount budgeted for the purchase of water meters for Fiscal Year 2012/2013 is $124,000. Funding in the amount required will be provided from the following account: $124,000-Public Works Meter Services Account No. 425-0410-000680 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). ANALYSIS The purpose of Invitation to Bid (ITB) No. 068-2013 was to establish a contract, by means of sealed bids, with a qualified vendor(s), for the purchase of water meters sizes 5/8 inches through 4 inches that meet the ANSI/AWWA latest Standards. The City purchases annually approximately 1 ,000 water meters in various sizes. City staff currently performs installation and maintenance of all water meters. The City intends to purchase, replace and retrofit its existing water meters. The City will purchase approximately 1 ,000 new water meters annually, on an as needed basis. All water meters shall conform to ANSI, which denotes the American National Standards Institute, and AWWA, which denotes the American Water Works Association (AWWA). The contract( s) entered into with the successful bidder( s) will have an initiated term of two (2) years, and may be renewed at the sole discretion of the City, through its City Manager, for three (3) additional one (1) year terms. ITB 068-2013-Purchase of Water Meters June 5, 2013 BID PROCESS Invitation to Bid {ITB) No. 068-2013, was issued on March 7, 2013 with a bid opening date of April4, 2013. One (1) addendum was issued to provide additional information and to respond to questions submitted by the prospective bidders. Public Purchase issued bid notices to 17 prospective bidders, and a total of five (5) companies downloaded the document. The notices resulted in the receipt of four ( 4) bids from the following companies: 1. Fortiline, Inc. 2. Innovative Metering Solutions, Inc. 3. Mueller Systems, LLC 4. Sunstate Meter and Supply, Inc. Attachment A shows tabulated results. Award is being recommended to Fortiline, Inc., the lowest bidder, as primary vendor, and Sunstate Meter and Supply, Inc., the second lowest bidder, as secondary vendor. Fortiline, Inc., formerly Mainline Supply Co., is a wholesale underground utility supply company that has been in business for 16 years. Fortiline, Inc. has 34 branches in ten states, including a warehouse in West Palm Beach. They are the distributor of Zenner Performance brand water meters. The Procurement Division contacted other agencies that utilize Zenner Performance water meters and received positive feedback, including City of Riverside, City of Banning, City of Mesa, and Valencia Heights Water Company. Fortiline, Inc. has satisfactorily supplied the City with water meters parts and supplies during the past 3 years. Sunstate Meter and Supply, Inc. was incorporated in Florida in 1980 and has served the municipal industry as a Neptune water meter brand distributor since 1999. The City has purchased Neptune brand water meters in the past and is satisfied with the product and service provided by Sunstate Meter and Supply, Inc. The table below shows a total cost comparison between previous prices paid by the City and pricing received as a result of ITB 068-2013 for the primary and secondary bidders based on the quantities established in the ITB. Previous Contract Pricing ITB 68-2013 Pricing Fortiline Sunstate Met<>• ""rl ~::, •nnlu I Total $217,694.00 $199 700.00 $202,388.75 CONCLUSION: Based on the aforementioned, the Administration recommends that the Mayor and City Commission award contracts to Fortiline, Inc. as primary vendor, and Sunstate Meter and Supply, Inc. as secondary vendor, pursuant to Invitation to bid (ITB) No. 068-2013. T:\AGENDA\2013\June 5\ITB 068-2013 Purchase of Water Meters MEMO.doc ATTACHMENT A -ITB 068-2013 TABULATED RESULTS COMPANY NAME: INNOVATIVE METERING SOLUTIONS m 1 2 325 3 1 Y:z inches 150 2inches 225 25 inches 25 COMPANY NAME: FORTIUNE INC. Est. Quantities 1 inch 1 Y:z inch 15 2inches 3inches 25 4inches 25 COMPANY NAME: MUEllER WATER PRODUCTS. Unit Pri $ 52.00 2 1 inch 325 $117.60 3 1 Y:z inches 150 $ 291.00 4 2inches 225 $402.00 5 3inches 25 75.00 6 4inches 25 1,200.00 nd Total: COMPANY NAME: SUNSTATE METER & SUPPlY, INC. Est. Quantities Unit Price 250 $36.69 4inches 25 Grand Total: Tot I Amount $9,237.50 $33,085.00 $ 41,850.00 $ 86,647.50 $ 15 637.50 $ 16,506.25 $202,963. Total Amount $ 9,825.00 $33,800.00 $ 33 750.00 $79,875.0 $ 18,625.00 $23,825.00 $199,700.00 ,450.00 $21,875.00 0,000.00 $237' 195.00 Total Amount 9 172.50 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award Contracts Pursuant To Invitation To Bid No. 145-2013, For Routine and Emergency Sanitary Sewer and Storm Water Pipes Cleaning, And Close Circuit Television (CCTV) Inspection Services, To JCC Enterprises Labor, Inc., As The Primary Vendor, A&A Drainage & Vac Services, Inc., As The Secondary Vendor, and Shenandoah Construction, As The Tertiary Vendor. Item Summary/Recommendation: This contract is for routine and emergency sanitary sewer and storm water pipes cleaning, and closed circuit television (CCTV) pipe inspection services used to detect problems. Contractor will provide all supervision, labor, materials and necessary equipment to clean/clear the sanitary sewer and storm water pipe stoppages on an as needed basis, and on an emergency basis. The services outlined in the solicitation are necessary to keep the storm water system maintained and working properly. Typical work requires cleaning pipes and drains with large vacuum trucks, which also allows for the evaluation of larger drainage problems through Capital Improvement Projects by utilizing a television camera to inspect underground pipes to conduct condition assessment This contract will be used to supplement the work performed by the Public Works Department This service was identified to be performed by a contractor as a cost saving measure a few years ago and subsequently the City also opted not to replace a city owned piece of equipment which normally performs such work. The contract will be used to work on a weekly basis to clean the sanitary sewer lines in conjunction with the consent decree and perform cleaning ofthe storm water system to prevent street flooding. Such activities will be planned, overseen, and verified by the Public Works Operations Division and paid for at a weekly rate established in the contract In the event there is an emergency, there are provisions in the contractforthe contractor to respond within two (2) hours, and an hourly emergency rate would apply. Also, additional items are included in the bid, which provide for service based on the diameter of the pipes should a separate project be required beyond the routine or emergency work. The purpose of Invitation to Bid (ITB) No. 145-2013 was to establish a contract, by means of sealed bids, with a qualified vendor(s), to provide routine and emergency sanitary sewer and storm water pipes cleaning, and closed circuit television (CCTV) inspection services. This contract shall remain in effect for two (2) years from the date of contract execution by the Mayor and City Clerk. This contract may be renewed, at the sole discretion of the City, through its City Manager, for three (3) additional one (1) year options. ITB No. 145-2013, was issued on April 2, 2013, with a bid opening date of April 18, 2013. One addendum was issued. Forty-three (43) bid notices were issued, forty-two (42) though the Public Purchasing Group and one (1) through the Procurement Division. Four (4) bids were received. Administration is recommending award to JCC Enterprises Labor, Inc., the lowest bidder, as the primary vendor, A&A Drainage & Vac Services, Inc., the second lowest bidder, as the secondary vendor, and Shenandoah Construction, the third lowest bidder, as the tertiary vendor. APPROVE THE AWARD OF THE CONTRACT. Advisory Board Recommendation: Financial Information: Source of Amount Account dib 1 $111,070.00 423-2983-069357 2 $195,000.00 424-2983-069357 3 I $225,ooo.oo 27-000325 ,;;z: ·~ . OBPI Total $531,070.00 Financial Impact Sum DAlE 6·S"-/3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Mattie Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: June 5, 2013 SUBJECT: REQUEST FOR APPROVAL TO WARD CONTRACTS PURSUANT TO INVITATION TO BID NO. 145-201 , FOR ROUTINE AND EMERGENCY SANITARY SEWER AND STORM WATER PIPES CLEANING, AND CLOSE CIRCUIT TELEVISION (CCTV) INSPECTION SERVICES, TO JCC ENTERPRISE LABOR, INC., THE LOWEST BIDDER, AS THE PRIMARY VENDOR, A&A DRAINAGE & VAC SERVICES, INC., THE SECOND LOWEST BIDDER, AS THE SECONDARY VENDOR, AND SHENANDOAH CONSTRUCTION, THE THIRD LOWEST BIDDER, AS THE TERTIARY VENDOR. ADMINISTRATION RECOMMENDATION Approve the award of the contract. KEY INTENDED OUTCOME Maintain City's Infrastructure. FUNDING 423-2983-069357 424-2983-069357 427-0427-000325 $111,070 $195,000 $225,000 BACKGROUND INFORMATION This contract is for routine and emergency sanitary sewer and storm water pipes cleaning, and closed circuit television (CCTV) pipe inspection services used to detect problems. Contractor will provide all supervision, labor, materials and necessary equipment to clean/clear the sanitary sewer and storm water pipe stoppages on an as needed basis, and on an emergency basis. The services outlined in the solicitation are necessary to keep the storm water system maintained and working properly. Typical work requires cleaning pipes and drains with large vacuum trucks, which also allows for the evaluation of larger drainage problems through Capital Improvement Projects by utilizing a television camera to inspect underground pipes to conduct condition assessment. This contract will be used to supplement the work performed by the Public Works Department. This service was identified to be performed by a contractor as a cost saving measure a few years ago and subsequently the City also opted not to replace a city owned piece of equipment which normally performs such work. The contract will be used to work on a weekly basis to clean the sanitary sewer lines in conjunction with the consent decree Commission Memorandum ITB 145-2013 Routine and Emergency Sanitary Sewer and Storm Water Pipes Cleaning and Close Circuit Television (CCTV) Inspection Services June 5, 2013 Page 12 and perform cleaning of the storm water system to prevent street flooding. Such activities will be planned, overseen, and verified by the Public Works Operations Division and paid for at a weekly rate established in the contract. In the event there is an emergency, there are provisions in the contract for the contractor to respond within two (2) hours, and an hourly emergency rate would apply. Also, additional items are included in the bid, which provide for service based on the diameter of the pipes should a separate project be required beyond the routine or emergency work. ITB PROCESS The Procurement Division issued an Invitation to Bid No. 145-2013, in order to establish a term contract for Routine and Emergency Sanitary Sewer and Storm Water Pipes Cleaning, and Close Circuit Television (CCTV) Inspection Services. ITB No. 145-2013 was issued on April2, 2013, with a bid opening date of April18, 2013. One (1) addendum was issued to provide additional information and respond to all questions submitted by the prospective bidders. Forty-three (43) bid notices were issued, forty-two (42) though the Public Purchasing Group and one (1) through the Procurement Division. Four (4) bids were received from: • A&A Drainage & Vac Services, Inc. • EnvironWaste Services Group, Inc. • JCC Enterprise Labor, Inc. • Shenandoah Construction The four ( 4) bids received were reviewed by the Procurement Division staff and all were deemed responsive to the bid requirements. The bids were tabulated and JCC Enterprises submitted the lowest responsive and responsible bid. Please refer to Appendix "A" for tabulation of bids. The ITB stipulated that award of this contract may be presented to the lowest and best bidders, as defined in General Conditions 1.36. Further, award may also be made to a primary, secondary, and tertiary bidder, in the event that the primary and/or secondary bidder is unable to perform in accordance with the terms and conditions of the contract. CITY MANAGER'S REVIEW After considering the review and recommendation of City staff, the City Manager exercised his due diligence and is recommending to the Mayor and the City Commission to award the contracts to JCC Enterprises Labor, Inc., the lowest bidder, as the primary vendor, A&A Drainage & Vac Services, Inc., the second lowest bidder, as the secondary vendor, and Shenandoah Construction, the third lowest bidder, as the tertiary vendor. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission award contracts pursuant to Invitation to Bid (ITB) No. 145-2013, for Routine and Emergency Sanitary Sewer and Storm Water Pipes Cleaning, and Close Circuit Television (CCTV) Inspection Services, to JCC Enterprises Labor, Inc., as the primary vendor, A&A Drainage & Vac Services, Inc., as the secondary vendor, and Shenandoah Construction, as the tertiary vendor. Vac-con Truck with an operator and helper to be available during regular business hours from 7:30 a.m. to 4 p.m. Vac-con Truck with an operator and to be available during regular business hours from 7:30 a.m. to 4 p.m. Vac-con Truck with an operator and helper to be available on an emergency basis from 4 p.m. to 7:30 a.m. Vac-con Truck with an operator and helper to be available on an emergency basis from 4 p.m. to 7:30 4 la.m. !Video Inspection Unit (emergency) GRAND TOTAL FOR ITEMS 1-8 $90.00 40 2 $7,200.00 $125.00 I $1o,ooo.oo I $125.oo $155.00 I $12,4oo.oo $166,4oo.oo I $4,675.oo oo.oo R $5,ooo.oo I $26o,ooo.oo $260,000.00 $150.00 $6,000.00 $150.00 $6,000.00 $7,400.00 $7,200.00 $8,850.00 7,700.00 $6,800.00 $9,2oo.oo I $2,6oo.oo I ,300.00 $315,200.00 Group 9 Cleaning of Sanitary Sewer Pipe Sizes s Group 10 Closed Circuit Television (CCTV) Sanitary Sewer Pipe Sizes A&A Drainage & Vac Services, Inc. Cost Per Linear Feet Total $ 0.90 $ 180,000.00 185,200.00 A&A Drainange & Vac JCC Enterprises Labor, lnc.l Shenandoah Constructio Cost Per Cost Per Linear Linear Feet Total Feet $ 0.55 $ 110,000.00 $ o.9o 1 $ $ -$ 0.85 $ 1.00 $ 1.50 $ 750.00 $ 1,8 $ 114,020.00 $ 189,450.00 Services, Inc. IJCC Enterprises Labor, Inc.! Shenandoah Construct" Cost Per $ $ Total 180,000.0 1,000.00 183,000.00 Cost Per Linear Feet Total 110,000.00 425. 112,600.00 Cost Per Linear Feet Total 72,575.00 Envirowaste Services Group, Inc. Cost Per Linear Feet 1,250. $ 126,675.00 Envirowaste Services Group, Inc. Total $ 138,000.00 $ 750.00 $ 500.00 $ 750.00 $ 875.00 $ 1,250.00 $ 142,125.00 A&A Orainange & Vac Group 11 Services, Inc. IJCC Enterprises labor, lncJ Shenandoah Construction Cleaning of Storm Quantity !Water Pipe Sizes Total Group 12 Cost Per Linear Feet 1.25 1.25 $ 10,250.00 A&A Drainange & Vac Services, Inc. Close Circuit 1 Cost Per Quantity 1,000 Television (CCTV) Storm Water Pipe Sizes 8inches ------GRAND TOTAL FOR All GROUPS 1-12 Total 1,250.00 1,250.00 $ 5,000.00 $ 584,750.00 Cost Per Linear Feet 8,275.00 Cost Per Linear Feet $ 13,125.00 CC Enterprises labor, lnc.l Shenandoah Construction Cost Per Linear Feet 4,625.00 $ 526,625.00 Cost Per linear Feet $ 7,875.00 $ 600,725.00 Envirowaste Services Group, Inc. Cost Per Linear Feet $ Total 4,500.00 4,000.00 4,500.00 19,700.00 Envirowaste Services Group, Inc. Cost Per Linear Feet I Total $ 2, $ 2,500.00 $ 1,250.00 $ 1,500.00 $ 1,500.00 $ 1,750.00 $ 10,500.00 $ 614,200.00 C4 COMMISSION COMMITTEE ASSIGNMENTS C4 -Commission Committee Assignments C4A Referral To The Finance And Citywide Projects Committee-Discussion Regarding The Proposed Vacation Of The Alley Included In The Amended Plat Of The Aquarium Site Resubdivision (500 Block Of Alton Road). (Public Works) (Memorandum to be Submitted in Supplemental) Agenda Item C lf A Date b-5=-13 THIS PAGE INTENTIONALLY LEFT BLANK IBE COMMISSION MEMORANDUM TO: Mayor Matti Herrera-Bower and e City Commission FROM: Jimmy L. Morales, City Manage DATE: June 5, 2013 SUBJECT: REFERRAL TO THE NEIGHS RHOODS/COMMUNITY AFFAIRS COMMITTEE - DISCUSSION REGARDING T E COLLINS PARK GARAGE PROJECT (COLLINS PARK PLACE). ADMINISTRATION RECOMMENDATION Refer the item to the Neighborhoods/Community Affairs Committee Meeting. BACKGROUND The Basis of Design Report (BOOR) for the Collins Park Garage Project was presented to the City Commission on January 16, 2013. Although the BOOR was ultimately approved, there were concerns raised with respect to the following items: 1. Possibility of a rooftop passive park 2. Proposed concrete finish 3. Construction budget The design team (Zaha Hadid Architects and Berenblum Busch Architecture) was directed to prepare a BOOR addendum package for further clarification regarding each of these items. CONCLUSION The Administration recommends that the Mayor and the City Commission refer the matter to the Neighborhood/Community Affairs Committee meeting for discussion and further direction. T:\AGENDA\2013\June 5\Referral to NCAC-Collins Park Place.docx Agenda Item C lfp Date fL.'S""'!> THIS PAGE INTENTIONALLY LEFT BLANK MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Jerry Ubbin, Commissioner DATE: May 21, 2013 SUBJECT: Referral to Finance and Citywide Projects Committee Please place on the June 5th Commission Meeting agenda, a referral to the Finance and Citywide Projects Committee to discuss Potential Annual Funding Sources for the refund of Green Building Program Certification Application and Review Fees as Stipulated by the Green Building Ordinance. Please contact my office at ext. 7106 if you have any questions. JL/er We are commilt0:i1o excel/en! seNic:e and io all who live, wo1k, In ovr vibra Agenda Item C.. 'I C Date 6ps-13 THIS PAGE INTENTIONALLY LEFT BLANK MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: Jimmy Morales, City Manager Jerry libbin, Commissioner~ May 21, 2013 MEMORANDUM SUBJECT: Referral to Neighborhood I Community Affairs Committee Please place on the June 5th Commission Meeting agenda, a referral to the Neighborhood I Community Affairs Committee to discuss the Enforcement Components of the Recycling Ordinance. Please contact my office at ext. 71 06 if you have any questions. Jl/er We ore commllted lo excelkml service ond lo oil who livo, work, in our vi! Agenda Item C..'ifl Date 6-S:13 THIS PAGE INTENTIONALLY LEFT BLANK (9 MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO; FROM: DATE: Jimmy Morales, City Manager Jerry Libbin, Commissioner yf May 21, 2013 MEMORANDUM SUBJECT: Referral to Neighborhood I Community Affairs Committee Please place on the June 5th Commission Meeting agenda, a referral to the Neighborhood I Community Affairs Committee to discuss an Amendment to the Special Event Requirements and Guidelines to Include Recycling Requirements for All Special Events That Require a Sanitation Plan. Please contact my office at ext. 71 06 if you have any questions. JL/er We ore commWed lo excel/en! oervice and to o/1 who live, work, In our vi, Agenda Item C 'IE Date ~-)-.13 THIS PAGE INTENTIONALLY LEFT BLANK ~ MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Jimmy Morales, City Manager Jerry Libbin, Commissioner pf May 21, 2013 Referral to Neighborhood I Community Affairs Committee Please place on the June 5th Commission Meeting agenda, a referral to the Neighborhood I Community Affairs CommiHee to discuss an Amendment to the Energy Economic Zon~ Ordinance to Include Miami·Dade County's Green Business Certification Program as an Eligibility Criteria To Receive the EcoZone Program Tax Incentives. Please contact my office at ext. 71 06 if you have any questions. JL/er W'e om commillc"<.:lio excellenl >e!V/ce ond lo nil who live, work, ond In our vibrc Agenda Item C 'IF Date ~ -5"-1.3 THIS PAGE INTENTIONALLY LEFT BLANK MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Jonah Wolfson, Vice Mayor DATE: SUBJECT: Agenda Item -Proposed RM-2 Code Amendment Please place on the June 51h, 2013, Commission Meeting Agenda a referral to the Land Use and Development Committee to discuss a proposed amendment to Section 142-213.-Conditional uses to include the following language: and non-medical/ow intensity offices, such as architect offices, accountant offices, attorney offices and real estate offices, which are located on the lobby level of bay fnontaparlmentbuildings The pnoposed section will read as follows: Sec. 142-213. -Conditional uses. Conditional uses in the RM-2 residential multifamily, medium intensity district are adult congregate living facility; day care facility; nursing home; religious institutions; private and public institutions; schools; commercial or noncommercial parking lots and garages; accessory neighborhood impact establishment, as set forth in article V, division 6 of this chapter; and non-medical/ow intensity offices, such as architect offices, accountant offices, attorney offices and real estate offices, which are located on the lobby level of bay fnont apartment buildings If you have any questions, please contact Leon or Hernandez at extension 6437. JW/Ih 'n Agenda ltem___;C.-;;;;........,t.l.t""""fr::..___ Date ........... &,'----=S:.....;-1_-=3;............. THIS PAGE INTENTIONALLY LEFT BLANK MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION To: From: Date: Jimmy Morales, City Manager 1 ,J,{b L_......- Matti Herrera Bower, Mayor 11'V'. j' U- May 28, 2013 MEMORANDUM Re: Commission Agenda Item: Referral to the next Neighborhoods/Community Affairs Committee a report on the Traffic Calming and School Zone expansion Initiative for 41st Street between Meridian Avenue and Garden Avenue to improve school safety at Nautilus Middle School Please place on the June 51h, 2013 City Commission Agenda a referral to the next Neighborhoods/Community Affairs Committee meeting an item for City Staff to report on the initiatives for traffic calming between Meridian Avenue and Garden Avenue to improve school safety at Nautilus Middle School. Thank you for your attention to this matter. Should you have any questions, please contact Gabrielle Redfern at Extension 6157. MHB/ fgr Agenda ltem_.;;::;C;....JI(~H..~.-_ Date.........;::;(p;........-..::;;.s-........ ~ 1"""""3_ THIS PAGE INTENTIONALLY LEFT BLANK ~ MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Michael Gongora, Commissione DATE: May 29, 2013 SUBJECT: Referral Item for June Commission Meeting Please place on the June Commission meeting consent agenda a referral to the Health Advisory Committee for a discussion item on educating people on HIV prevention and the importance of getting tested for HIV. If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df Agenda ltem_C.____;({;......L __ Date_....;::~;._-_$""_-.;....cl ~:;.._.......... THIS PAGE INTENTIONALLY LEFT BLANK ~ MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy Morales, City Manager FROM: Michael Gongora, Commissione DATE: May 29, 2013 SUBJECT: Referral Item for June Commission Meeting Please place on the June Commission meeting consent agenda a referral to the Land Use Committee for a discussion item involving restricting a portion of city street located in the middle of St. Patrick's School and PreK School for safety and security reasons . If you have any questions please feel free to contact my aide Diana Fontani at ext 6087. MG/df Agenda Item C l/ L Date (e-~1~ THIS PAGE INTENTIONALLY LEFT BLANK = -IBE H OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: SUBJECT: Mr. Jimmy Morales, City Manager Mr. Rafael Granado, City Clerk Commissioner Deede Weithorn May 29, 2013 Referral to Finance Committee MEMORANDUM Commissioner Deede We it horn would like to refer an item to the Finance and Citywide Projects Committee exploring the impacts from the reduction of on-street parking spaces on Alton Road between 61 h Street and Michigan Avenue caused by the FDOT project. Please reference the attached email received by Commissioner We it horn's office from Ms. Tammy Tibbles of the Flamingo Park Neighborhood Association. Should you have any questions and/or concerns, please do not hesitate to contact me at extension 6528. A Commissioner Weithorn's Office VVe Agenda Item C, VK Date 6-S:.t!> Cardillo, From: Fernandez, Alex Sent: To: Wednesday, May 29, 2013 12:11 PM Granado, Rafael; Morales, Jimmy Cc: Cardillo, Lilia; Walters, Pauline; Weithorn, Deede Referral to Finance Attachments: Alton Road Parking.pdf Good afternoon: Attached please find a referral to the Finance Committee regarding the fiscal impact resulting from the FDOT Alton Road project which will eliminate parking spaces along Alton Road between 6th Street and Michigan Avenue. Any questions and/or concerns should be directed to Commissioner Weithorn's office. Thanks, Alex J. Fernandez On behalf of Commissioner Deede Weithorn, City of Miami Beach IBEA H J. Deputy Commissioner to Commissioner Dee de Weithom OFFICE OF THE MAYOR AND COMMISSION 1700 Convention Center Drive, Miami Beach, Fl 33139 Tel: 305-673-7030 I Fax: 305-673-7096 I 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. On Tue, Apr 30, 2013 at 9:56AM, Tammy Tibbles <harrowerplow@gmail.com> wrote: Dear Commissioner Weithorn, As I mentioned at the April Commission Meeting's evening Sutnick Hour, FDOT Alton Road 6th to Michigan Project will eliminate approximately 96 parking spaces from the current inventory of 248 on that section of roadway. The Flamingo Park Neighborhood Association (FPNA), West Avenue Neighborhood Association (WAvNA), South Of Fifth Neighborhood Association (SOFNA), and the Alton Road Reconstruction Coalition (AARC) are concerned about the impact to parking revenue, businesses along the corridor, and Parking In Lieu Of Fee remediation requirements. 1 Below are several thoughts we would like the Finance Committee to explore regarding the loss of parking. • The average metered space in Miami Beach earns the City $2670 year. FDOT's plan will eliminate about 96 on-street parking spaces which could cost the City over $260,000/year in parking revenue. • Parking In Lieu Of Fees are collected and used specifically to provide parking, transportation and mobility related improvements and programs in the vicinity of the property paying the fee. With the loss of ~96 parking spaces, will the City need to adjust the benefits provided to payers of the Parking Lieu Of Fees along Alton Road? • Studies demonstrate, each on-street parking space in front of a business generates an average of $20,000 per year for the business. What options are available to the City to offset this financial hit for the businesses that will lose parking spaces? Additionally, we suggest that a better design could resolve many of these issues. See our vision at We respectfully ask that the Finance Committee prioritize this issue and place it on the Committee's agenda for its May meeting. Warm regards, Tammy Tibbles FPNA and ARRC Member 2 THIS PAGE INTENTIONALLY LEFT BLANK C6 COMMISSION COMMITTEE REPORTS (") en = '"="" 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 Me City Commission FROM: Jimmy L. Morales, City Manager DATE: June 5, 2013 SUBJECT: REPORT OF THE NEIGHBORHO D/COMMUNITY AFFAIRS COMMITTEE HELD ON APRIL MONDAY 29, 2013. A meeting of the Neighborhood/Community Affairs Committee was held on Monday, April 29, 2013 at 3:00 pm, and was held in the City Manager's Large Conference Room, 41h Floor. Commissioners in attendance: Commissioners Ed Tobin, Jerry Libbin, Michael Gongora and Jorge Exposito Members from the Administration and the public were also in attendance. Please see the attached sign-in sheet. THE MEETING OPENED AT 3:08 PM. 1. Discussion And Update On The Citywide Dunes Maintenance Plan. (4:19PM) Elizabeth Wheaton presented the item. Commissioner Tobin requested a timeframe as to when the item will be presented to the Commission. Staff advised that the item will be presented at the July Commission Meeting. Commissioner Tobin made the motion to get the contractors' maintenance timetable and join efforts with the Parks Department. Motion was seconded by Commissioner Exposito. ACTION: The Committee (Commissioner Tobin, Exposito and Libbin present) directed Administration to get the contractor's maintenance timetable and return the item to Committee in two (2) months. 2. Discussion Regarding The Log Cabin Property And The Possibility Of A Collaborative Community Center. (4:28PM) ACTION: The Committee (Commissioner Tobin, Exposito and Libbin present) deferred the item. 3. Referral To The Neighborhood/Community Affairs Committee A Discussion Regarding The City Of Miami Beach Centennial, Which Will Occur On March 26, 2015. (3:49PM) Max Sklar, Tourism and Cultural Development Director, presented the item. Commissioner Libbin suggested partnering with an organization to have a year-long celebration for the City's Centennial. Commissioner Exposito suggested that the Administration seek something similar to Arts Gala, get ideas from the VCA in terms of parameters of expectations on what we are going to do, Agenda Item C &, A Date ... ~ ... 13 City Commission Memorandum June 5, 2013 Report of the Neighborhoods/Community Affairs Committee of April 29, 2013 Page 2 of6 get ideas from the VCA in terms of parameters of expectations on what we are going to do, determine the length of the celebration, and then seek the necessary funding and assistance. Jimmy L. Morales suggested reaching out to the Historical Society, as they were very involved when the City of Miami celebrated its centennial anniversary. Commissioner Libbin made the motion to direct the Administration to take the lead and return next month with an outline or concept of what might be done. Motion was seconded by Commissioner Exposito. ACTION: The Committee (Commissioner Tobin, Exposito and Libbin present) unanimously moved the motion. 4. Discussion Regarding A Long Term Solution For The Ongoing Rodent Issue On 41st Street. (3:40PM) Commissioner Gongora presented the item, indicating that the rodent issue is not limited to 41st Street, but is a Citywide issue, and wanted to see what can be done to make sure that the rodent issue doesn't get worse. Commissioner Tobin made the motion for the Administration to prepare an LTC indicating how the City is handling the Citywide rodent issue. ACTION: The Committee (Commissioner Tobin, Exposito and Libbin present) unanimously moved the motion. 5. Discussion Regarding Beach Erosion And Sand Shifting. (4:36PM) Commissioner Tobin presented the item. Commissioner Libbin spoke requesting the Administration look at the area behind the Blue and Green Diamond buildings on Collins Avenue. Elizabeth Wheaton provided background on the item. Mayor Mattie Bower spoke. Commissioner Tobin made the motion to have an organizational chart and have an internal person to coordinate the efforts and address the issue behind the Green and Blue Diamond buildings. ACTION: The Committee (Commissioner Tobin, Exposito and Libbin present) unanimously moved the motion. 6. Discussion Regarding Amending Procedures For Appeals To The Special Master For Certain Frequent Code Enforcement Violations. (4:49PM) Debora Turner presented the item, stating the recommendations will ensure uniformity among some of the more recurring City Code violations by providing a specific form that people can use, which includes basic information. Commissioner Exposito made to motion to move forward with the recommendation. Motion was seconded by Commissioner Tobin. City Commission Memorandum June 5, 2013 Report of the Neighborhoods/Community Affairs Committee of April 29, 2013 Page 3 of6 7. Discussion Regarding The Current Policy Against Bullying And Harassment In Miami-Dade Public Schools And Begin Planning For A Citywide Youth Anti Bullying Outreach Program. (3:31PM) Commissioner Gongora presented the item, and suggested a program to be broadcast at the Soundscape once screened by staff. Julio Magrisso spoke regarding City's efforts and commitment to anti bullying at the schools and City programs. Deborah Mantilla from Miami-Dade Public Schools spoke. Ellen Vargas spoke. Commissioner Libbin made the motion to direct the Administration to reach out to Nautilus Middle School and Fienberg Fisher K-8 Center to implement the program and sign the Anti-Defamation League's (DOL) resolution of respect; target our ADL anti-bias activity during the month of October, which is National Bullying Prevention Month; and seek the endorsement of a sports personality that kids will want to see. Motion was seconded by Commissioner Exposito. ACTION: The committee (Commissioner Tobin, Exposito and Libbin present) unanimously moved the motion. 8. Discussion Regarding Criminal Background Checks For Employees Of City Contractors And Spot Check Updates For Those Background Checks. (4:51PM) Commissioner Tobin presented the item. Kathie G. Brooks, Assistant City Manager gave an overview of the item. Commissioner Tobin discussed the item and felt strong about the criminal aspect of construction workers. Jimmy L. Morales suggested adopting the same system as Miami-Dade County. Cristina Deval stated that Procurement Department currently has some language on file when children are involved. Jimmy L. Morales suggested that the Administration return the item to the Committee in July with a proposal. ACTION: The Committee (Commissioner Tobin, Exposito and Libbin present) accepted the suggestion by City Manager Jimmy L. Morales to bring the item back in two (2) months. 9. Discussion Regarding Placing An Informal Plaque At The Base Of The Sculpture Of Jackie Gleason. (4:57PM) Max Sklar presented the item, stating that there is no plaque at the base of the sculpture, and after research, no information could be found on the plaque. After further review, it was determined a rehabilitation of the sculpture is required, and a new plaque will be installed. ACTION: The Committee (Commissioner Tobin, Exposito and Libbin present) unanimously moved the item forward with the necessary steps. City Commission Memorandum June 5, 2013 Report of the Neighborhoods/Community Affairs Committee of April 29, 2013 Page 4 of6 10. Discussion Regarding The City Of Miami Beach Fire Prevention Fines And Citations Related To Nightclubs And Other Assemblies. (3:08PM) Javier Otero, Fire Department Chief, presented the item indicating that the current fees have not been increased since 1997. The current fines do not lead to compliance and the majority of the clubs that have violations are repeat offenders. Sonia Machen presented the current fine schedule which she feels does not give enough incentive to some club owners to comply. Commissioner Tobin asked if the Administration has a recommendation on this item. Sonia Machen presented the Administration's recommendation (attached on page #113) (NCAC agenda). Commissioner Libbin stated that he feels that the issue deals more with enforcement, rather than increasing the fines, and that the effort should concentrate more on enforcement. Harold Rosen spoke Stephen Pulisar spoke Commissioner Tobin spoke and thanked the Nightlife Task Force for its efforts on this issue. Commissioner Exposito asked what can be done to address the side walk congestion in areas such as night clubs. (long lines of patrons waiting to enter clubs). Robert Santos-Aiborna, Code Compliance Director, spoke stating that the Code Compliance Division has been working with the Police Department to address this issue. Commissioner Libbin made the motion to take Fire Department's recommendation of increasing the fine schedule. Motion was seconded by Commissioner Tobin. ACTION: The Committee (Commissioner Tobin, Exposito and Libbin present) unanimously moved the recommendation by the Fire Department. 11. Discussion Regarding Possible Amendments To Chapter 70 Article Ill (Section 70- 122-129), "Graffiti Ordinance." (3:40PM) ACTION: The Committee (Commissioner Tobin, Exposito and Libbin present) deferred the item. 12. Discussion Regarding Considering Hosting A Biannual Art Camp Held In Miami Beach In Cooperation With UNESCO. (3:41PM) Commissioner Libbin presented the item, and highlighted the amazing opportunities this biannual event can bring to our City. Max Sklar spoke regarding cost (Host City). Commissioner Libbin discussed funding for this event stating that there are several ways to be fund it. Similar to Art Basel which has a major sponsor, we believe we can find the resources to cover the event. City Commission Memorandum June 5, 2013 Report of the Neighborhoods/Community Affairs Committee of April 29, 2013 Page 5 of 6 Commissioner Exposito suggested that the Cultural Arts Council establish criteria for cost, find other sponsorships they could apply for and return to the Committee. Commissioner Libbin made the motion to take it to the Cultural Arts Council. Motion was seconded by Commissioner Exposito. ACTION: The Committee (Commissioner Tobin, Exposito and Libbin present) unanimously moved the motion. 13. Discussion Regarding Unexpected Board Vacancies Requiring Commission Vote. (3:59PM) Commissioner Deede Weithorn presented the item. Ralph Granado gave the background on the item. Mayor Bower suggested that a Public Notice should be published at the beginning of the year and every time there is an open seat. Commissioner Exposito made a motion for the City Attorney to draft proposed legislation for unscheduled vacancies, and notification when there is a vacancy with a Public Notice, for all at-large boards with notification with a minimum of 30 days prior to be considered. Motion was seconded by Commissioner Libbin. ACTION: The Committee (Commissioner Tobin, Exposito and Libbin present) unanimously moved the motion. 14. Discussion Regarding Providing Reserved Parking For Monthly Permit Holders On Lower Floors In Our Garages To Alleviate Inconvenience Experienced By Permit Holders During Major Events Such As The Boat Show. (4:58PM) Commissioner Libbin presented the item and expressed his concerns regarding lack of parking for regular users. Commissioner Libbin made the motion to give priority to regular users at the 42nd Street parking garage. Motion was seconded by Commissioner Exposito. ACTION: The committee (Commissioner Tobin, Exposito and Libbin present) unanimously moved the motion Mayor Matti Herrera-Bower wanted to know why the P-lot next to City Hall couldn't be used to allow people that come to work, park for free or a reduced fee. Saul Francis, Parking Department Director stated that the matter will be looked into and see what can be done. 15. Discussion Regarding The Continuation Of The Adopt A Beach Pilot Program. (4:00PM) Commissioner Libbin presented the item, and suggested that Environmental Coalition of Miami and the Beaches (ECOMB) administer the program instead of the City. City Commission Memorandum June 5, 2013 Report of the Neighborhoods/Community Affairs Committee of April 29, 2013 Page 6 of 6 Luiz Rodriguez, Executive Director of ECOMB spoke. Deborah Ruggeiro Spoke. Commissioner Tobin spoke regarding the Adopt the Beach program, emphasizing that the goal it is to bring awareness to the health of the beach and bring awareness to cleanliness of the beach. Commissioner Exposito made a motion to have ECOMB meet with the board and bring back criteria and plan of action and for ECOMB to work with the City Attorney to ensure all other organizations are under the liability insurance that the City carries. Motion was seconded by Commissioner Tobin. ACTION: The Committee (Commissioner Tobin, Exposito and Libbin present) unanimously moved the motion. 16. Discussion Regarding Miami Beach Mass Transit Loop And Transit Enhancements For North Beach. (5:10PM) Kathie G. Brooks presented the item. Commissioner Exposito spoke, in reference to the Corradino Group study. Back in 2008-2009 a study was done utilizing specifically the three (3) loops system, North, South and A 1A Alton, and suggested that administration should look into that study to see if it is still viable, and what we can utilize to help, instead of spending more money. He said we should explore what could be implemented from that study and return the next meeting and advise the Committee as to options. Deborah Ruggeiro spoke. Commissioner Exposito made a motion to take a look at all studies done regarding this subject. Motion was seconded by Commissioner Tobin. THE MEETING ADJOURNED AT 5:32 PM. ~ PLEASE PRINT LEGIBLY NAME NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE April 29, 2013 SIGN-IN SHEET ORGANIZATION I DEPT. PHONE NO. I .......... .., ..... ...._"" c.. EMAIL /Vt4Yo/ {;157 ~~lf;:?~/2#/(~_I:Z . .A-# ~1." cr-[~(I C;PJ 6 f1~/L Cf)4tD ~I R I THIS PAGE INTENTIONALLY LEFT BLANK MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov To: From: Date: Mayor Matti Herrera Bower and Me Jimmy L. Morales, City Manager June 5, 2013 COMMITTEE MEMORANDUM Subject: REPORT OF THE CAPITAL IMP VEMENT PROJECTS OVERSIGHT COMMITTEE MEETING OF APRI 15,2013 A meeting of the CIP Oversight Committee was held on Monday, April 15, 2013. The meeting was called to order at 5:41 p.m. Please note: 1) Minutes herewith are not a full transcript of the meeting. Full audio and visual record of this meeting available online on the City's website: http:// www. miamibeachfl. gov/videolvideo. asp 2) 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. Fernando Vazquez introduced J. Mark Taxis, the new Assistant City Manager over operations departments such as CIP, Public Works, and Parks & Recreation, and Communications. He was Assistant City Manager of Doral and also at the City of Hialeah, before coming to Miami Beach. Saul Gross announced that Maria I. Hernandez, who had been a Senior Capital Project Coordinator, was promoted to the position of Capital Projects Advisor to the City Manager. REVIEW AND ACCEPTANCE OF MINUTES 8:25p.m. Report of the Capital Improvement Oversight Committee Meeting of March 11, 2013 MOTION: Acceptance of Report (Minutes) of the March 11, 2013 CIPOC Meeting. MOVED: PASSED: D. Kraai UNANIMOUS 2nd: Robert Rabinowitz D. Kraai noted that he had asked for a chart showing tidal values used in determining design for each project. 3. PUBLIC COMMENTS 5:43 p.m. Residents of the Central Bayshore neighborhood had some concerns and complaints about the work being performed in the neighborhood, specifically on Chase Avenue and on 40th Street. Larry Ciment (Chase Avenue resident) noted that the dirt, dust and what he considers poor maintenance of the roadways had caused him inconvenience and expense. There is a pump station being installed at the median triangle at 34th Street and Chase Avenue. The overall complaint is that the work seems like it is without end, it has been in construction for two years, and there is at least one more year of work. It has been difficult for homeowners.Agenda Item Ct; B Date '-S"-1.3 CIPOC MEETING MINUTES, Apri/15, 2013 Page 2 of9 He also commented that he thought it was poor planning to narrow the roadway on 40th Street, and complained of the lack of parking. Maria Hernandez stated that the entire project will be completed in March 2014. She also noted that the pump station work is the most intense, and unfortunately, these residents live at that location. To address the residents' concern that work seemed to start and stop with no apparent plan, Fernando Vazquez explained that work is done in phases. First the water main was installed, and then came the installation of the large drainage boxes, and then installation of the system components that connect it. Saul Gross further explained again that the infrastructure improvements involve messy component. No infrastructure improvements have been done in 80 years in Miami Beach. The improvements are necessary and the work never moves as quickly as residents would like. Mr. Vazquez mentioned that CIP is working with Rabbi Bixon at Temple Beth Israel on 401h Street and working out the current parking condition issues. Linda Schecther, owner of Tastee Beach Cafe on the corner of Royal Palm and 41st Street, asked if parking was being decreased on 40th Street. The original plans called for street narrowing, elimination of parking on the south side and parking on the north side. Newer plans add perpendicular parking on the north side. Helen Ciment added that narrowing of the streets is not necessary, and is also upset about the loss of parking, adding that the neighborhood is no longer community-friendly. Arline Ditchek, also a Chase Avenue resident, said that there is no objection with doing the improvements, but with the way the work is being carried out. She pointed out that the mess and the conditions are not safe for residents and drivers in the area. Saul Gross suggested that residents call the public information officer when they have issues because the residents are the best eyes and ears for the project and can identify issues the contractor may miss. Dwight Kraai asked if any flooding that the neighborhood experienced was due to rainfall or tides. The Central Bayshore neighborhood does not experience tidewater problems. Gary Hunt, a Bayshore neighbor pointed out that the plan calls for removing parking on the south side of 40th Street, but provides perpendicular parking on the north side, adding 30 more spaces to the street. 4. OLD BUSINESS I REQUESTED REPORTS a. Status on the City's ongoing sewer rehabilitation program -presented by Public Works Department 8:08 p.m. Mike Alvarez, Public Works Infrastructure Division Director, talked about the history and the current status of the City's efforts to rehabilitate the sanitary sewer system. In 1994, the EPA issued a consent decree to Miami-Dade County and its municipalities to see how many gallons of sanitary sewage and rainwater inflow were being discharged into Biscayne Bay and what was being done to reduce that amount. In 1997, the County issued an ordinance to all municipalities to rehabilitate sewer systems. Phase I began in 1997, followed DERM F:\CAPI\$aii\Comm. & CIPOC\Commission ltems\2013\6-June\CIPOC April15 Meeting Minutes.docx CIPOC MEETING MINUTES, Apri/15, 2013 Page 3 of9 requirements, to have a minimal working sewer system. Phase II was a sewer system analysis for corrective actions. Phase Ill was the full rehabilitation. Infiltration reduction, imposed through the consent decree was for a maximum of 5,000 gallons of infiltration per day per basin. The City spent $23.2 million dollars on the sewer rehabilitation program from 1997 through 2005. Crews lined 300,000 linear feet of sanitary sewer pipe, joint-grouted 170 linear feet of pipe and 620 lateral connections, and completed more than 100 point repairs. The City rehabilitated 320 sanitary sewer manholes, and replaced over 350 sanitary sewer laterals from private homes to the right of way. From 2006 through 2012, at a cost of $6.3 million, PWD cleaned and assessed 956 linear feet of pipe, replaced 120 feet of pipes, replaced 76 sewer laterals and repaired 14 sewer laterals. Of the 31 sewer basins that fall under the consent agreement, nine are currently not in compliance. Public Works is moving forward to be in full compliance by 2016. So far, the program has reduced over 15% of inflow and infiltration, which results in a savings to the City of about $700,000 per month. The remaining basins include South Pointe, South Beach from 5 Street to 15 Street, between Ocean Drive and Jefferson Avenue. (Saul Gross asked if this will be incorporated into the Flamingo Neighborhood CIP project. The response was that It will not be incorporated, because the system has to be brought into compliance by 2016). Work on this project is ongoing. Dwight Kraai handed out a chart showing the data from 1995 to 2012 of wastewater treatment and water purchased in the City. The chart does show a reduction. The County set up a tiered rate schedule. If more water is used, a higher rate is issued. Robert Rabinowitz pointed out that property owners can save on water rates if they install sub-meters. Mike Alvarez also noted that water main leaks and breaks have also been reduced, in part due to CIP Improvements in the neighborhoods. b. North Beach Neighborhoods Status Report: Normandy Isle Phase II Neighborhood Improvements Included in written agenda, but not presented at the meeting. Status on Biscayne Point Neighborhood Improvement Project Included in written agenda, but not presented at the meeting. c. Middle Beach Neighborhoods Status Report: Central Bayshore Improvements This neighborhood project was discussed under the commission item. See below. Status Report: Lake Pancoast Improvements Included in written agenda, but not presented at the meeting. Status Report: Sunset Islands I & II Included in written agenda, but not presented at the meeting. Status Report: Sunset Islands Ill & IV Included in written agenda, but not presented at the meeting. F:\CAPI\$aii\Comm. & CIPOC\Commission ltems\2013\6-June\CIPOC April15 Meeting Minutes.docx CIPOC MEETING MINUTES, Apri/15, 2013 Page 4 of9 Status on Lower North Bay Road 8:20 p.m. Fernando told the Committee that he met with the residents of Lower North Bay Road and informed them that the City is evaluating roadway elevations and design. More information will be brought back to the next meeting. Saul Gross asked for a map of all the CIP projects so that the Committee could see a comparative schedule with the Alton Road FOOT projects. d. South Beach Neighborhoods Status Report: Venetian Island Neighborhood Improvement Prolect Included in written agenda, but not presented at the meeting. Status Report: Palm & Hibiscus Island Neighborhood Improvements & Utilities Undergrounding Included in written agenda, but not presented at the meeting. Status Report: South Pointe Phase Ill, IV & V Neighborhood Improvement Project Included in written agenda, but not presented at the meeting. 5. COMMISSION ITEMS: Central Bayshore-Bicycle lane along Prairie Avenue & Royal Palm Avenue 7:32p.m. Two alternate resolutions were presented for the Committee to choose to recommend. The first is the recommendation by City staff and the project consultants, Atkins North America, Inc. and Street Plans, Inc. to maintain the current width of Prairie Avenue, the proposed bike lanes as per Miami-Dade County Public Works regulations and also retaining the proposed design for Royal Palm, as approved by Commission under resolution 2013-28163. The alternative item is to recommend to City Commission to reject the staff recommendation and to direct staff to continue to evaluate the reduction of the width of Prairie Avenue and to eliminate the bike lanes. Staff would also evaluate the efficacy of placing advisory bike lanes on Prairie and Royal Palm Avenues, which are not dedicated bike lanes, but areas in which the roadway is shared by bicyclists and motorists. Additionally, this item directs staff to deprogram the work associated with creating valley gutters and roadway resurfacing and repaving along Prairie Avenue. The staff would also be directed to have the contractor place a one-inch overlay of asphalt as a temporary condition to make the street drivable while the City progresses through the necessary approval process for an advisory bike lane through Miami-Dade County. There are additional costs associated with making the changes required to accomplish the direction in item 2. Mihaly Lenart, a Central Bayshore resident said that the residents' primary concern was to accomplish traffic calming in the neighborhood. The first way to accomplish that, as established in the BOOR, was through "passive" measures by narrowing all the roadways, including all the collector roads. The second way is through "active" measures, such as speed tables. Any proposed narrowing of the roadways, says Mr. Lenart, is prevented by the addition of bikeways, because the master plan for bikeways put all the lanes on collector roads. Narrowing, he said, is also prevented by the addition of valley gutters, because that adds four feet to the pavement. Third, he said, the City is not following the federal guidelines that allow 10 feet for travel lanes on collector roads and nine feet in residential streets. The bike lane was diverted at 28 Street west to Meridian Avenue when construction on Prairie Avenue south of 28 Street narrowed the roadway (at resident request) and did not allow enough room for bike lanes. Mr. Lenart said that Prairie Avenue south of 28 Street is the only street in the project that complies with the BOOR as far as narrowing. Sheridan Avenue, he said, was not F:\CAPI\$aii\Comm. & CIPOC\Commission ltems\2013\6-June\CIPOC April15 Meeting Minutes.docx CIPOC MEETING MINUTES, Apri/15, 2013 Page 5 of9 reduced to 1 0-foot travel lanes, but will be 12-foot lanes, and the addition of valley gutters add four more feet to the width. He also pointed out that no active traffic calming measures are being included in the project. These items are included in the BODR but the City did not include them in the project plans. These items include speed humps and speed tables and now there is no neighborhood consensus for these. Commissioner Jorge Exposito (2123 Meridian Avenue) mentioned that at the last joint Finance and Citywide/Land Use meeting, the subject was addressed. At these meetings, the City said that valley gutters would be installed on Prairie Avenue. He said that Prairie Avenue has a limited swale area. In order to resolve drainage issues, the CIP plan proposes four feet of valley gutters for water conveyance. He noted that part of the intention of the project is to increase green areas and planting. The concern of Prairie Avenue residents, according to Commissioner Exposito, is that the small swales would prevent the addition of shade trees. It is his opinion that the second proposed amendment is palatable to the neighbors in order to address the need for more greenspace. A new bicycle committee will be convened to look at the bicycle master plan. CIP proposed removing the valley gutters, adding the component of flumes to address the need for water conveyance in the absence of valley gutters, permitting additional trees, and move forward. This allows time for the new bike committee to evaluate what can be done with the bicycle lanes. Saul Gross asked how this will affect the stormwater improvements. Fernando said that the second option allows CIP to create a temporary condition while the City explores the feasibility of the advisory bike lane. Water drainage would be more efficient with valley gutters. Existing catch basins will remain where they have been installed. Valley gutters would be center-line with the catch basin, allowing for direct drainage. Without valley gutters, the catch basin will be offset from the edge of pavement. Elizabeth Camargo said that the Sunset Island residents worked hard to get valley gutters in their project. She said she thought it was a shame that valley gutters are included in the project and the City will forfeit them. She expressed concern over pulling items aside, whether they can actually be reintroduced into the project later. She opined that the valley gutters don't give the impression that the street is wider, it looks clean. The smallest width including the bike lanes and the valley gutters would be 28-feet for the roadway on Prairie. There are currently valley gutters on Prairie Avenue south of 28 Street. Jorge Exposito said that valley gutters serve important purpose, but with an existing bike lane that adds 8 feet to the road, adding another four feet increases hardscape. Water runoff is an important issue, but the public also wants more green area. By taking the second option, there is a chance to hold off and re-address the bike lane issue with the County. Saul Gross asked if the residents of Royal Palm have expressed concern with a bike boulevard on their street. Commissioner Exposito said that the people he spoke to were only concerned that the road not be widened. F:\CAPI\$aii\Comm. & CIPOC\Commission ltems\2013\6-June\CIPOC April15 Meeting Minutes.docx CIPOC MEETING MINUTES, Apri/15, 2013 Page 6 of9 At this juncture, it is difficult to determine what, if any extra costs there would be to adopting the second resolution. There would be an initial credit back to the City for deprogramming the valley gutter installation and the milling and resurfacing of the road. Then there would be a cost associated with adding the one-inch overlay of asphalt and additional striping. The process of evaluation with regulatory agencies would take about three years. There would also be additional engineering costs and costs associated with the construction of flumes to the catch basins. Gary Hunt spoke in support of the second option. He said the neighborhood priorities were lane narrowing, traffic calming and shade canopy. The current project does not represent that, in his opinion. The addition of valley gutters and the bike lane on Prairie results in wider lanes. In order to achieve desired canopy, Mr. Hunt said that the swales should be wider to accommodate the large shade trees the neighborhood planned to plant for the project. The larger green area also allows for larger water infiltration area. Sheryl Gold, representing the Greenspace Tree Advocacy Group (GTAG), said that when the GO Bonds were first introduced, she approached Commission to point out that the Capital Improvements were the ideal opportunity to add tree canopy all over the city. Green infrastructure is an innovative way to address and compliment stormwater drainage. She stressed that the addition of trees are more than just beautification, but are also beneficial economicslly and environmentally. She argued that the swales need to be a certain width in order to accommodate the planned trees. Adding the valley gutters and bike lanes would reduce the swales. She was also critical of the way the City had approached planning of this neighborhood when the bike master plan was developed. She said more attention should have been paid to working the bike plan into the project during the design phase. The swales are currently about an average of 15 feet on either side. Two feet would be taken on either side. Saul asked Gary Hunt if thirteen feet would not be adequate to accommodate the trees. Gary answered that concern is just one of many. Overall, the proposal to move the bike lane was a superior plan that would be a solution for everyone. With the time they would gain by postponing the work on Prairie, they could apply for the federal "Safe Routes to School" grant to pay for some of the associated improvements. There was a dispute over the exact width of the swales. Saul suggested that the correct information about the width of the swales on Prairie be brought to the Commission meeting. Dwight Kraai asked if any of the stormwater issues in the neighborhood are due to tide water as well as rainfall. Fernando Vazquez answered that his concern was relying on swales for infiltration. Groundwater will continue to rise and will not allow for proper percolation. There is a net gain overall of green areas. David Martinez, CIP Assistant Director, showed comparisons of existing conditions, the original design and the revised design. Maria Hernandez explained that all the streets with the exception of Sheridan Avenue are 23 - 24 feet in width today. Bike lanes were not mentioned in the BOOR, but were added by Commission resolution. 34 Street, Meridian and Prairie had bike lanes in the first set of plans after that resolution. Today, Prairie would be the only street left with a bike lane. The rest have been turned into "sharrows" or moved off the road. By reserving bike lanes on Prairie and eliminating them elsewhere, the City did their best to accommodate all the demands of the F:\CAPII$aii\Comm. & CIPOC\Commission ltems\201316-June\CIPOC April15 Meeting Minutes.docx CIPOC MEETING MINUTES, Apri/15, 2013 Page 7 of9 neighborhood. Recently, drainage has become the most important component. Adding better drainage, vis a vis valley gutters took a front seat. Shade trees are still incorporated into the current plan. All the streets, with the exception of Prairie, will have more narrow streets or no change in width. Saul asked if the bike lanes were moved to Royal Palm and the valley gutters would remain on Prairie, since they are on all roads in the project, what would be the outcome for Royal Palm? Maria Hernandez replied that the road width would be the standard 20 feet, plus the valley gutter. The bike facility would have to be an advisory lane. This option would require more investigation and discussion with the County. Saul Gross pointed out that removing the bike lane from Prairie Avenue, the City would be removing the only bike lane through Middle Beach. Stacy Kilroy suggested that when any part of a project in a neighborhood is deprogrammed, that the money be held in a fund for the use specifically on that street. She agreed that the current plans do not reflect the BOOR. She added that drainage is crucial and although she understood the concerns of the neighborhood, the Commission should take the staff recommendation for going forward with valley gutters. Christina Cuervo said her neighborhood did not receive valley gutters due to funds taken out of the project. She agrees that it would be a mistake not to follow the recommendations of the engineers to address drainage, but also thought that putting the work on hold to explore possibility of moving the bike facility to another street might be a good idea. She is not in favor of wholesale removal of the valley gutters. If the bike lane cannot be moved, she said, the valley gutters should be installed. Jose Gonzalez, the Transportation Manager with Public Works, clarified the different types of concepts proffered for Royal Palm Avenue. One is a bike boulevard, which prioritizes bicycles over vehicles, with traffic control modifications. County approval is necessary for this option. That process, which also involves community input, would take seven to ten months. Another option is the experimental implementation of bike advisory lanes, which provides for a roadway without a centerline stripe. There would be bike lanes marked on either side. Because there would be insufficient room for two vehicles to pass each other, one vehicle would have to move into the bike lane in order to pass. Bikes would always have the priority right of way. The County is not in favor of this concept. Dwight Kraai commented that he was in favor of installing as robust a drainage system as possible. Drainage, he said, is a priority. Tony Trujillo stated that drainage is certainly important, but that this issue need to be addressed holistically. Greenspace infrastructure is important, and the City should look at a compromise. 1st MOTION: Recommend to the Mayor and Commission to pass the second resolution as amended. MOVED: T. Trujillo 2"d: R. Rabinowitz Committee input was to remove valley gutters from the contract and temporarily patch the roadway while exploring the options. The completion would be handled under a separate contract. VOTE: IN FAVOR: 3 OPPOSED: 5 DID NOT PASS F:\CAPI\$aii\Comm. & CIPOC\Commission ltems\2013\6-June\CIPOC Apri115 Meeting Minutes.docx CIPOC MEETING MINUTES, Apri/15, 2013 Page 8 of9 Note: There was some discussion and concern about delays and costs associated with relocating the bike lanes off of Prairie Avenue. Jose Gonzalez explained that Atkins and Street Plans Collaborative, the bike team consultants, met with the County and they did not support the concept of eliminating the bike lane on Prairie Avenue. If the City staff is directed to pursue this further, the Atlantic Greenway Network will have to be amended by City Commission. The City would also need to show the County sufficient justification for removal of the bike lanes. 2"d MOTION: Recommend to the Mayor and Commission to pass the first resolution. MOVED: C. Jacobs 2"d: S. Kilroy Committee input was to remove valley gutters from the contract and temporarily patch the roadway while exploring the options. The completion would be handled under a separate contract. VOTE: IN FAVOR: 4 OPPOSED: 4 DID NOT PASS Flamingo Park Football Field/Track Renovation Project 7:55 p.m. The item, presented by Senior Capital Project Coordinator Mattie Reyes, is to award the project for the Flamingo Park football field and track. Staff identified "Field Turf Revolution" as the specified material to be used as the artificial turf on the field. Saul asked about the cost of the specialized artificial turf and to what degree it affected the cost increase from the original budget to the budget in the ITB. Ms. Reyes could not respond because the project is in the cone of silence pre-award. She could speak about the product, stating that it was chosen on this and previous projects because it is a superior product, has adequate warranties, etc. The original budget of $1.3 million was a conceptual budget, established in 2009. Costs have changed since that time, and other items were added to the scope, mainly due to regulatory requirements (ADA compliance and drainage, for example). Residents also requested that the track be widened, and made of a surface that could withstand bicycle and rollerblade traffic. This also added to cost. CIP is requesting additional funding so as not to take funds away from other components that are planned in Flamingo Park. Cheryl Jacobs asked why the decision was made to use artificial turf. The City considered wear, maintenance and year-round use in that decision. Saul Gross requested that CIP provide the Committee with a breakdown of the Master Plan budget for Flamingo Park. MOTION: Recommend to the Mayor and Commission to pass the resolution. Amended with the recommendation to staff to include in the packet for Commission an update of the overall budget and a breakdown of the components in the current budget showing the specific cost differences. MOVED: PASSED: C. Cuervo UNANIMOUS Additional Discussion: 8:26 p.m. Flooding in Sunset Harbour Neighborhood Rick Saltrick explained that there are three pump stations in Sunset Harbour and that the Public Works Department will be performing remediation on the pumps. F:\CAPI\$aii\Comm. & CIPOC\Commission ltems\2013\6-June\CIPOC April15 Meeting Minutes.docx CIPOC MEETING MINUTES, Apri/15, 2013 Page 9 of9 On Saturday, April 13, the City experienced a strong rainfall event, which showed that 3.42" of rain fell at Sunset Harbour in less than an hour and a half. This event resulted in more rainfall than a 5-year storm event. The first pump station is located adjacent to the tot lot on Purdy Avenue and covers the area from Dade Boulevard to the Marina exit. This pump is not operating well and requires repair. The second pump is located in the Marina. This pump is operational. The third pump is located on Sunset Harbour Drive in front of Publix. This pump is undersized and will be replaced. An ITB has been issued and is out now, for several million dollars-worth of work to this pump. Dwight Kraai distributed photos showing flooding conditions in the Sunset Harbour neighborhood. Mr. Saltrick said that the reason for the flooding conditions shown in the photographs will be mitigated once the pumps are rehabilitated and the new pump is installed. Additionally, Public Works is developing a neighborhood improvement project to address the issues in Sunset Harbour. They have discovered some cracked stormwater pipes and other conditions that contribute to flooding in the neighborhood. The pump station rehabilitation work will continue, first with DERM soil tests, then the replacement of the Publix pump station. Then work will proceed with the neighborhood project and replacement of pipes. This project is still in the planning stages. Dwight Kraai asked which tidal measurements were used in the design for the upgraded stormwater system, noting that the .67" mean, used by the County does not take into account the high tides in October and November. Meeting Adjourned 8:34 p.m. Next CIPOC meeting is scheduled for Monday, May 6, 2013 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. Attachments: Attendance report Chart of wastewater treatment and water use Photos of flooding in Sunset Harbour neighborhood F:\CAPI\$aii\Comm. & CIPOC\Commission ltems\2013\6-June\CIPOC April15 Meeting Minutes.docx ATTENDANCE REPORT FOR CIP OVERSIGHT COMMITTEE JANUARY THROUGH DECEMBER 2013 LAST NAME FIRST NAME Jan Feb March 1 Gross Saul p N/M p 2 Camargo Elizabeth p N/M p 3 Cuervo Christina A N/M p 4 Jacobs Cheryl N/A N/A p 5 Kilroy Stacy p N/M A 6 Kraai Dwight p N/M p 7 Trujillo Tony p N/M p 8 Ehrlich Brian p N/M p 9 Rabinowitz Robert p N/M p *February 4, 2013 Meeting Cancelled P:PRESENT N/A: NOT APPOINTED I* NOT SERVING N/M: NO MEETING April May June July Sept Oct Nov Dec p p p p p p p p p Discipline Chair Architect Developer Citizen -at-Large Construction Engineer Capital Budget/Finance/ Developer Engineer WATER PURCHASED WASTE WATER TREATED 0::: 10500 <( w 10000 >-0::: 9500 w D.. (/) 9000 z 0 ...J 8500 _, ...J <( C) 8000 -LL 0 (/) 7500 z 7000 0 -...J ...J 6500 -~ 6000 1995 2000 2005 2010 2015 YEAR MIAMI BEACH of Miami 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMITTEE MEMORANDUM TO: Mayor Matti H. Bower and Mem FROM: Jimmy L. Morales, City Manager._~- DATE: June 5, 2013 SUBJECT: REPORT OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING ON MAY 3, 2013 The agenda is as follows: OLD BUSINESS 1. Discussion of Performance and Operational Audit by Crowe Horwarth ACTION The Committee requested either a Letter To Commission or a report at the next Finance meeting from Chief Financial Officer Patricia Walker and Assistant City Manager Kathie Brooks on the working groups for each observation. Chief Financial Officer Patricia Walker presented this item. Chairperson Deede Weithorn began the discussion by stating they will go through each Management's Response listed in the report and discuss any comments or questions the staff or public might have regarding these items. Chief Financial Officer Patricia Walker suggested facilitating a-team of employees from different departments to construct a plan of action for each recommendation in the report. Chairperson Weithorn started with CC-01 Complaint Intake which states Complaints should be received through regulated centralized channels in order to better address each complaint. The City should enforce a policy that requires employees, who receive phone call and email complaints, to direct the complainant to the centralized hotline or to WebQA. Division Commander Hernan Gardena stated Management agrees that receiving Code complaints via regulated centralized channels is a better system to control, manage, and properly assign the inbound calls for service. However, management does not believe that the best practice would be to require employees who receive phone Agenda Item C (;, C Date "·S?-13 call and electronic mail (e-mail) complaints to direct the complainant to the centralized hotline or WebQA as this would negatively impact customer service levels. The City prides itself in its customer accessibility to government services and makes available different methods by which to register a complaint. Rather than require complainants to call yet another number that may not even be attended, a viable alternative may be to have the City employee receive the complaint from the constituent and in turn have that City employee enter the complaint in a centralized system that elicits basic information. Planning and Zoning Manager Richard Lorber stated once implemented, Accela Automation will have the ability to serve as a central repository of complaint, and the public will continue to have the ability to make complaints via WebQA or another system compatible with Accela. Chairperson Weithorn stated we have to have accountability to go along with these implementations. Building Assistant Director Stephen Scott suggest that we make sure we keep the citizens and customers in mind when it comes to accessibility. Fire Marshall Sonia Machen volunteered to be a part of the scope group. Commissioner Michael Gongora moved on to CC-02 Tracking Complaints where the City should consider implementing a system that would allow complaints to be automatically uploaded from WebQA. Additionally, the City should implement a reconciliation process to reconcile the complaints entered into PermitsPius back to the physical forms, hotline logs and emails. Management concurs that best practices dictate that complaints should be received by an independent individual, adequately documented and tracked in a system, assigned for follow- up and appropriately resolved. That description, in itself, is that of a dispatcher with a system database similar to computer aided dispatch (CAD) that tracks every call for service, however, there are significant cost considerations to such a plan. A reconciliation process to reconcile the complaints entered into PermitsPius back to the physical forms, hotline logs and e-mails has already been implemented and electronic files which include photos, e-mails, and other documents relating to the case are being uploaded and attached to the main case. This process will likewise be available in Accela. Commissioner Jorge Exposito added that there needs to be criteria established where permits are opened and closed in a timely manner. Assistant Building Director Scott responded they are aware there were complications in the process, but they have determined they do have employees in place to respond to putting the new framework together. He also stated they discovered some complications sending out notices that were not going out in enough time for the customer to respond. The City Clerk now sends them out a minimum of 30 days in advance to expiration of permit. Division Commander Cardeno discussed Cl-01 Job responsibilities that state the City should implement a policy that requires Code Compliance Supervisors to perform periodic, but at a minimum monthly, productivity reviews. The supervisors should review the Officer Daily logs to verify the officers spent the required time patrolling for sanitation, the time spent in each location of each zone, the complaints that are recorded for each zone and the violations written in each zone by their officers. These reviews should be documented and filed so that they are readily available for review by auditors or other interested parties. Management agrees that Code Compliance Supervisors do not have a standard process in place for periodic reviews of subordinate productivity. While some of these processes are found in written directives and emphasized at weekly supervisor staff meetings, the Division will continue to standardize procedures and directives in Standard Operating Procedures format so that the foundation of the duties of a supervisor are found in one general policy. Supervisors are also required to verify their officers' time spent in each location of each zone, sanitation enforcement, and review of the caseload assigned to their squad members. Random AVL (GPS) reviews of subordinates' daily travels in their City vehicles are compared to assigned cases and monitored for time spent on calls and patrol locations. Documentation is on file and evidenced by Code officers that have received discipline based on their supervisor's reviews/random audits. Finally, productivity reviews for each squad are conducted at supervisor staff meetings. While not all supervisor review practices are mandated by policy, management believes that allowing for some discretion within a broader sense of parameters for supervisors to determine when and how they oversee subordinates contributes to the overall development of management styles and individual growth; however, a Standard Operating Procedure should serve to provide some guidelines for subordinate workload assessments. Documentation is on file and available for review. Chairperson Weithorn asked if Sanitation was singled out and Crowe Horwarth Engagement Manager Mark Maraccini stated it was more the documentation and policy that supported the monitoring of this item. Chairperson Weithorn moved on to item CD-01 Non-Compliance Identification that states the City should provide a tool such as a checklist for officers to utilize to review for potential code non-compliance while conducting an inspection. The City can provide a form for officers to complete at every inspection that identifies the compliance areas to observe, e.g. noise, sanitation, zoning violations, graffiti, handbills on cars, peddling, and property maintenance. This form should also require the officer to initial that such issue has been reviewed and resident or business is in compliance. Management agrees that a tool such as a checklist for officers to utilize to review for code violations while they're on site conducting inspections would be beneficial. Those lists (for the more common violations) are in the process of being created and will be made available for integration in Accela by July 2013. Chairperson Weithorn stated the code officers need the tools necessary to research the information needed. Commissioner Exposito added there needs to be an IT component added to the tools the officers are equipped with. Item CD-02 Supporting Documentation recommends that the City implement a procedure or control within the new case management system that they are seeking to utilize that allows pictures to be attached to a case onsite. The new system should have the capability to upload files remotely which ties into item CD-01. Management agrees that the City should implement a procedure or control within the new case management system (Accela) that allows pictures to be attached to a case onsite and have files uploaded remotely. This capability has been configured in Accela Automation. Chairperson Weithorn moved on to item CD-03 Courtesy Notices and Violations the City should develop a policy for noncompliance that strictly defines when a courtesy notice can be given. The City should require the officers to document the reason and rationale when they issue courtesy notices and the supervisors to review them daily. Management agrees with the recommendation that general guidelines for when warnings may be given are appropriate and that supervisory review of the rationales would be ideal. Some of our City ordinances already have controlling language with respect to when a courtesy notice or oral warning can be issued by a Code Compliance Officer versus a Notice of Violation. Management will increase the level of training and monitoring relating to the proper exercise of discretion. That training will include providing strong examples of when written warnings may be appropriate. Any exercise of this discretion must be reported to supervisors on the same day utilized for the purpose of determining whether a warning was appropriate. Ultimately, some discretion and judgment must be left to the Code Compliance Officer. Division Commander Cardeno then discussed item CD-04 that recommends that the City implement a procedure or automated control within the new case management system that they are seeking to utilize that allows the case files to be created from the complaint files. The new system should have the capability to automatically link the two. The City should also implement a procedure to review and document a daily reconciliation of the XC and the corresponding CE to confirm the information has been inputted accurately. Management agrees with the recommendation that the City should develop a procedure or automated control within the new case management system (Accela) that allows the case files to be created from the complaint files and have the capability to automatically link the two. This capability has been configured in Accela. Additionally, the ability to "audit" the linked files to determine accurate reporting and uploading of information will be included and monitored via reports. Chief Financial Officer Patricia Walker stated they plan to go live with Accela two weeks after Memorial Day weekend. Assistant Building Director Stephen Scott added the entire City currently is testing with Accela. Commissioner Gongora then discussed item CD-05 that states the City should develop a procedure that requires code officers to collect and review comply by dates weekly and a policy that mandates a secondary review by supervisors. Management agrees with the recommendation that the City should develop a procedure that requires Code Officers to collect and review comply-by dates weekly and a policy that mandates a secondary review by supervisors. The new case management system, Accela, will automate the process for re-inspections for compliance for each officer daily by zone. These re-inspections are triggered by the time for compliance entry of the original case file-much like an automated electronic tickler. Chairperson Weithorn stated the next item CV-01 Noise Violations needs a separate group with inclusion of the public due to the legal aspect it pertains to. Many of the noise complaints involve construction and not just music issues. City Attorney Jose Smith added there's also a county issue on the noise ordinance that prevents taking certain actions. CV-01 Noise Violations states that the City should consider revising the ordinance to more objectively determine when a noise violation has occurred. Specifically, the City should consider revising their noise violation policy to include a decibel threshold that when exceeded would trigger a violation. These measurements should be completed through the use of a mobile noise testing device. Management is open to looking at other more objective criteria to determine when a noise violation has occurred. The Noise ordinance, as adopted, has been upheld as constitutional in the 11 1h Judicial Circuit sitting in an appellate capacity. Other methods (such as noise/decibel meters) have proven to be difficult or impossible to sustain in other jurisdictions. Code Compliance Officers are required to exercise their judgment in evaluating the validity of a noise violation. Miami Beach Resident Morris Sunshine suggests a look at the noise ordinance that allows for subjective character and proposes the consideration of turning the clause into a 24/7 clause instead of becoming applicable at 11 pm. Crowe Horwarth Engagement Manager Mark Maraccini discussed the next item FP-01 Construction Permits where the City should implement procedures to help ensure that permits are obtained for construction projects within the City. Specifically, the City should consider implementing a City-wide policy and procedure that informs City personnel the proper protocol to report potential violations (e.g. construction projects that do not have a clearly visible permit). In addition, the City should consider utilizing current inspectors that are already assigned to perform duties throughout the City to look for potential violations. In other words, officers already in the field could be doing this as part of their normal procedures. Management feels this is a plausible recommendation. We currently have Web Q&A and a mobile app "Report it" where City employees and others can report suspected unpermitted activities. Currently, the Fire Prevention Division as well as the Building Department-Violations Division and Code Enforcement Division already cite business owners and residents for work taking place without a permit. This process is complaint driven generated by residents, business competitors, guests, tourists, and employees. In addition, when the fire inspectors conduct their annual fire inspections, they do cite violators when they notice work taking place without a permit. Currently, there is an informal procedure where each inspection discipline advises the other if there is unpermitted work noticed during a scheduled inspection, for example, when the fire inspector does the inspection and he/she notices that something could be a code violation, it is reported to the proper discipline. This may or may not be a code violation after the certified inspector checks it out. Management will review the current informal process and work toward implementing a formal procedure for reporting unpermitted activities. Chairperson Weithorn noted that she observed multiple infractions and that it would be in the City's best interest if cross communication occurred between Code and Fire in noting each other's violations to be more efficient. Commissioner Gongora moved on to FP-02 Workflow Requirements recommending that the City establish a policy that necessitates that all workflows require approval by the Building Department to ensure that plans are routed to the appropriate departments/divisions for review. We recommend that the City also require that all plans be reviewed by someone other than the person who performs the original review. Management feels this is a plausible recommendation. Currently, the PermitPius system has workflows automated to include reviews by the appropriate departments/ divisions based on the type of permit application submitted. All the appropriate departments/ divisions must review the plans before the workflow is completed. The workflow in Accela Automation will be the same type of workflow that we currently have now in PerrmitPius. In order to implement this recommendation as stated, we would have to hire three additional fire plans examiners to provide sufficient personnel to allow a secondary review by someone other than the initial reviewer. This process may create a delay in turnaround time. Assistant Building Director Scott suggested using a spot quality control method. Fire Marshall Machen discussed Fl-01 recommending that the City consider revising its current procedures to increase its population of inspectors (i.e. increase the total pool of inspectors that qualify for inspections). In addition, changes to inspection assignments should be documented and approved by someone other than the person initiating the change. Management agrees with the recommendation to increase its population of inspectors. Currently, the firefighters who are certified as inspectors sign up for the lead inspector slot. Any firefighter can sign up for the second inspector slot even if not certified as an inspector. The Fire Administration is proposing a different method of performing the inspections that will increase the number of firefighters participating in the program. The Captain of Fire Prevention Division and the Chiefs are the only people authorized in the Telestaff software to make assignments for night inspections and can modify the assignments after a cancellation. Although the Captain may cancel an assignment he cannot delete or remove an assignment and all changes will be recorded in Telestaff in an audit trail. Other staff in Fire Prevention cannot make any changes to the assignments as indicated above. Commissioner Gongora asked if these tasks can just be assigned to junior level employees in which Fire Marshall Machen responded they are discussing ways to improve this issue. Commissioner Gongora discussed Fl-02 Inspection Documentation that recommends that the City enforce the requirement that inspectors perform inspections in teams. This should be documented by requiring that each inspector sign off on the inspection form next to each location inspected. We further recommend that the Fire Marshal document review of completed inspection forms and inspection summary results. Management agrees with the recommendation that inspectors perform inspections in teams and that the Fire Marshal document review of completed inspection forms and inspection summary results. The inspection form has been changed by adding a signature section at the end that includes the firefighter's signature and the fire marshal's review signature. The firefighters will sign at the end of the form instead of each line for efficiency and certification statement. The Fire Marshal will also sign off the summary report review. The current policy is that both firefighters must be together when performing night inspections. If one of the firefighters ventures out on his/her own, then the individual will receive disciplinary action. A reminder email will be sent to all lead inspectors to follow this directive. Fire Marshall Machen clarified that the inspectors do go in teams. Chairperson Weithorn took Fl-03 Inspection Venues and Fl-04 Inspection Schedule together. Fl-03 recommends that the City implement controls to ensure that all venues are included in the population from which venues are selected for inspection and that venue information is verified for completeness and accuracy. Management agrees with the recommendation that all venues should be included in the population from which the venues are selected for inspection and that venue information is verified for completeness and accuracy. Fl-04 recommends that the City establish a systematic and logical approach to inspecting venues. The revised approach should take into account the timing of inspections and how they relate to when violations are most likely to occur. Inspection shifts should be adjusted accordingly. Management agrees with the recommendation that the City should establish a systematic and logical approach to inspecting venues. The list of locations selected for inspection is generated by a random number selection and the Night Inspection Coordinator sorts the group in alphabetic order of Street. The policy is that the restaurants are inspected between 1 Opm to 11 pm since the nightclubs are not opened yet. The Fire Marshal has added the word "restaurant" to the names of the establishment to make it easier on the inspector to identify those locations to visit earlier in the night. The night inspectors can select the restaurants from the group to inspect between 1 Opm -11 pm and then concentrate on the nightclubs after 11 pm or midnight. During special events weekends, the shift is adjusted as necessary; starting earlier at 9pm or ending later at 5am, or both. Fire Marshall Machen stated that both of these recommendations have already been implemented. Commissioner Gongora discussed PT-01 Complaints Dispatching that recommends City should implement a procedure to mandate the first available officer in the closest proximity is dispatched to complaint sites. Management agrees with the recommendation. We have created procedures where the Parking officer shall be dispatched to complaint issues based on their availability and proximity to the complaint site, the dispatcher shall send the first available officer in the closest proximity to the complaint side in question and an officer shall be at the complaint site within 30 minutes of the receipt of the complaint. The attached written directive (see SOP No. 2013-013) which includes these procedures has been issued and acknowledged by those employees responsible for its implementation and compliance. Commissioner Gongora discussed PT-02 Identifying Parking Permits recommend the City should implement a policy that requires officers to team up when addressing complaints that require officers to canvas large areas. Management agrees with the recommendation. We have created procedures where larger areas shall be canvassed by multiple officers made up of teams. These teams shall be assigned contingent upon availability and proximity to the complaint site. Commissioner Gongora discussed PT-03 Citation Supporting Documentation that the City should implement a policy that requires supporting documentation taken for all instances of noncompliance. Management agrees with the recommendation. We have created procedures where officers are to accurately document all information pertaining to the citation or enforcement action, supporting documentation and violation information should be recorded for all areas of noncompliance and officers are to take photographs with their Autocite and City issued camera for all areas of noncompliance. Commissioner Gongora discussed PT-04 Confiscated Tags recommends the City should enforce a policy that requires employees, who are the tag custodians, to document the receipt, fine amount and signature of both the custodian and recipient in order to provide accountability. Management agrees with the recommendation. We have created procedures where confiscated tags shall be maintained in the main office until such time that violators provide receipt of fine payment, receipt verification shall be documented on tag logs, tag logs shall document the receipt, fine amount, and signature of both the custodian and recipient. Commissioner Gongora discussed PT-05 Officer Productivity recommends the City should implement a procedure that allows productivity to be measured based on all the responsibilities of the Parking officers. Supervisors can review the time spent in the field by monitoring the officer's daily activity reports. The actual location of the officer can be determined by reviewing the GPS located in every vehicle and the amount of citations given can be retrieved from AutoCite. These activities can be reconciled with amount of time spent in each location based upon the duty the officer was performing as written in the activity report. Management agrees with the recommendation. We have created procedures where supervisors shall monitor officer productivity by monitoring and addressing officer time management. Supervisors shall monitor time spent in the field by officers by monitoring the officer's daily activity report; AVL/GPS reports; and Autocite Productivity Log. Officer activity shall be reconciled with the amount of time spent in each location based upon the duty the officer was performing as described in the daily activity report and CAD report. Commissioner Gongora discussed PV-01 Clearing Pending Appeals recommends the City should implement a policy that requires administration to have a set schedule to update the status of the cases. Management agrees with the recommendation. We have created procedures where the status/synopsis for each respective case is reviewed on a monthly basis after each hearing through the City Clerk's website under Special Master Agenda. In addition, the Space Rental Liaison will be utilizing the calendar in the Accela Program for tracking purposes. Commissioner Gongora discussed PCI-01 Fee Calculations recommends the City should implement a process to have a second review of the Excel calculation formulas and inputted values to verify accuracy. Management agrees with the recommendation to have a second reviewer of calculated formulas and imputed values to verify accuracy. The Planning Department will develop a methodology to have a second reviewer who signs off on the calculated formulas and values, while pursuing integration of this function with the new Accela system to provide greater accuracy and transparency. Chairperson Weithorn tabled further discussion on this item. Commissioner Gongora discussed PCI-02 Cash Receipts is a second-level of review of completed MCRs will reduce the risk of inaccuracies. Further, review by the cashier for accuracy, or an increase of automation in the cashier process, could reduce the risk of payee manipulation to the MCR. A check system could be implemented that creates a registry and compares payments accounted for at the cashier with payments received and signed off on in PermitsPius. Management agrees with the recommendation. With the new Accela system, where MCR's will no longer be used, Planning will assess any fees, such as for concurrency, as part of the Building Permit Process. The appropriate staff members will be trained on generating invoices through the Eden system, for cases not involving Accela Automation. This will mitigate the risk associated with the use of MCRs. We will sign off on plans as long as all applicable Planning Fees have been assessed in Accela. A person would not be able to get their Building Permit issued until all applicable fees, including from Building and Planning, have been paid. Commissioner Gongora discussed PCI-03 Concurrency Fee Policies and Procedures recommending the three separate documents used to guide concurrency policies and procedures should be reviewed and combined into a comprehensive document. Management agrees with the recommendation. While it is not possible to replace the City Code and the Comprehensive Plan with an all-inclusive legal document, a policy manual could be created that combines the information in these documents for ease of use. Commissioner Gongora discussed PP-01 Permit File Review which recommends that the City require that a quality control review be conducted of permit applications, including conditional use applications, to determine the accuracy and completeness of file documentation and the initial planning reviewer's determination to grant or not to grant a permit. Management agrees with the recommendation. With the new Accela system, these Administrative Design Review approvals and Land Use Board applications will be included in the automated permitting process and should standardize record keeping and application accuracy. Chairperson Weithorn stated that Planning and Public Works and Public Works Permitting would be skipped since they were already discussed with Fire. City Clerk Rafael Granado discussed SM-01 Lien Process recommended that the City implement a procedure to monitor the aging of outstanding notices and orders and to follow-up on those that remain unfiled or unresolved at the conclusion of the 20th day following issuance of the order. Management agrees with the recommendation. The following procedures have been implemented to monitor the aging of the outstanding notices and orders and to follow-up on those that remain unfiled or unresolved at the conclusion of the 25th day following issuance of the order: 1. The Special Master Office will supplement the paper tickler system currently in use, with an electronic tickler, which reminds the Special Master Clerks of the Twenty Day Notice deadline. 2. The paper and electronic ticklers will be entered by different individuals to ensure accuracy. 3. Due to staffing shortages in the Special Master Office, the Office of the City Clerk will lend personnel to assist with coverage, to allow the Special Master Clerks uninterrupted time to complete this task. 4. Upon implementation of the Accela Automation project, the tracking of the Twenty Day Notice deadline will occur automatically through Accela City Clerk Rafael Granado discussed SM-02 Incomplete Updates to Permits Plus recommend the special master clerks document case information in PermitsPius for each case, including those for which the clerks are not responsible for drafting the legal orders. Management agrees with the recommendation. The following procedures have been implemented to ensure that Special Master Clerks fully Document case Information on PermitsPius for each case, including those for which the Clerks are not responsible for drafting the orders: 1. The Special Master Clerk will enter full detail of orders, rulings or findings rendered by the Special Master within 24 hours of an occurrence. 2. When an order is to be drafted by the Special Master or the Legal Department, rather than by the Special Master Clerk, the Clerk shall also note this on PermitsPius (or Accela upon its implementation). Said notation shall include the name of the individual who is drafting the order and the date the assignment was undertaken. Upon return of such orders to the Special Master Clerk, the system will be updated with the additional information. City Clerk Rafael Granado discussed SM-03 Case Payments that recommend the City implement a procedure that requires customers to pay fees at a central location. In the interim, we recommend that the City complete and document reconciliations of daily cash receipts to the cash deposits to reduce the risk of theft. Management agrees with the recommendation. The City shall implement a procedure that requires customers to pay all fees, including appeal fees at a central cashier location. City Clerk Rafael Granado discussed SM-04 Hearing Process recommend that the City continue to search for the initial appeal request. We also recommend that City implement a process of quality control over case files. This system could include a checklist of all required documents for a case file that is completed and attached to the front of each file and/or a supervisor review of each case file to ensure the proper documentation in included in each file. Management agrees with the recommendation. A checklist will be created to verify that all documents that should be included in an appeal file are included therein. Periodically, files will be selected at random by the City Clerk to ensure compliance with this requirement. Chairperson Weithorn requested either a Letter To Commission or a report at the next Finance meeting from Chief Financial Officer Patricia Walker and Assistant City Manager Kathie Brooks on the working groups for each observation. 2. Discussion regarding the Catering and Concessions for the Miami Beach Convention Center ACTION The Committee stated their will be no action regarding this matter until a recommendation is brought to the Commission. Cultural Arts & Tourism Development Director Max Sklar presented this item. Cultural Arts & Tourism Development Director Max Sklar began by stating per the April Commission meeting, there was direction to negotiate with Centerplate and Armark for the management agreement of the Convention Center. Per the ongoing discussions, the outcome will be brought back to the June Commission meeting with the results of negotiations that will be finalized by the end of the week. All key points are being focused on in these negotiations with emphasis on customer satisfaction, minimal annual rent, net performance improvement, transitioning of employees, waiver of exclusivity, green initiatives, performance bonds and inclusion of a pastry operation that we currently don't have. A recommendation will be provided at the June Commission meeting. Chairperson Weithorn stated there will be no public comment taken on this matter. 3. Discussion regarding a proposed marketing program for Sunscreen ACTION The Committee recommended proceeding with the analysis on this product and Max Sklar to bring back a fact sheet to the Commission in June or July. Cultural Arts & Tourism Development Director Max Sklar presented this item. Cultural Arts & Tourism Director Max Sklar began by stating there was previous discussion on a proposed Sunscreen Licensing agreement with Energizer. During discussions, the FCWPC expressed concerns pertaining to the possible impacts on the Boucher Brothers, quality control and requested revenue projections and pro forma for the development of the proposed new sunscreen brand. While The Superlative Group (TSG) was working with Energizer to respond to the items requested by the FCWPC, Energizer requested the City consider a sponsorship agreement before entering into a licensing agreement. Recently, the City was directly approached by Rayito De Sol regarding their interest in an exclusive licensing partnership and development of Miami Beach Sunscreen. The Administration has had several discussions with BUll Holding who acquired the North America rights to Rayito de Sol and Tortulan brands. BUll entered into the sun care and skin care industries in 2011 by acquiring the North America rights to Rayito de Sol and Tortulan brands, top-selling Latin American brands with over seventy years of history and heritage. Rayito De Sol is the #1 suncare brand in Argentina and is the #1 selling bronzing sunscreen in Brasil. Rayito De Sol products are currently available at UL TA, Kerr Drug, Del Haize, H-E-B and Airport Newslink as well as their online store. BUll Holdings Representative Marcos Perez stated BUll Holdings is locally owned and locally operated by the Leon family, a fourth generation Cuban American entrepreneurial family with experience in diverse industries. BUll proposes the creation of an entirely new Brand and line of suncare products that leverage key elements of Miami Beach. BUll, in partnership with the City of Miami Beach, would utilize its network of domestic and international development and sales experts to bring the Miami Beach Brand to the global consumer with unique, high quality products that represent Miami Beach. Products would be manufactured in Florida at state of the art facilities. Rayito De Sol has begun doing research on product development including pricing, packaging, consumer focus groups, logo development, quality control, and distribution. During their research they have also been able to put together sales forecasts, estimated costs, and their plans for successful market penetration. BUll proposes to continue to work with Cultural Arts & Tourism Director Sklar on bringing out a product in 2014. Based on an initial USA market launch and reaching an achievable market share within three to five years, BUll proposes a partnership agreement whereby net profits would be shared between the City of Miami Beach and BUll Holdings. Commissioner Jorge Exposito stated it's important to have a high level of quality control and that all advertising promotes the Miami Beach community in a positive light. Chairperson Weithorn requested a fact sheet that Cultural Arts & Tourism Director Sklar stated can be brought back in June or July. Commissioner Exposito made a motion to proceed with the analysis and negotiations with BUll Holding and to bring this item back to the Finance Committee in June or July. The motion was second by Commissioner Gongora. 4. Discussion regarding renewal of the Professional Services Agreement between the City of Miami Beach and the Superlative Group for Professional Services in Corporate Sponsorship marketing pursuant to request for proposal No. 06-04/05 ACTION The Committee stated to defer this item to the next Commission meeting until analysis from legal is done. Cultural Arts & Tourism Development Director Max Sklar presented this item. Cultural Arts & Tourism Development Director Max Sklar began by stating on March 22, 2007, the City entered into an agreement with The Superlative Group (TSG), for Municipal Marketing Service. Efforts have focused on identifying potential municipal marketing partners and opportunities for partnership, and reaching out to these potential partners to gauge interest. At the FCWPC meeting on February 20, 2013, the Committee requested a renegotiation of the terms of the Agreement directly related to commission on licensing agreements. In response, TSG has proposed a discounted licensing commission of 30%. During this time the City was directly approached by BUll Holding (Rayito de Sol) regarding their interest in an exclusive licensing partnership and development of Miami Beach Sunscreen. The Administration would not agree to such a high commission fee for TSG since BUll Holdings approached the City directly and not through TSG. In an effort to come to an agreement on the prospective BUll Holdings sponsorship, the City proposed to further reduce its commission rate and limit the commission term. Should the relationship extend beyond eight (8) years, TSG will not be entitled to any commission from the agreement with Rayito de Sol. In the best interest of the City, we recommend no more than a 5% commission to TSG for three (3) years. TSG would not be entitled to any commission associated with any agreement reached by the City with BUll Holdings beyond 3 years. TSG will agree to 25% commission on all future licensing revenue (reduced from 45%) received beyond any guaranteed fees, which will be subject to the current tiered sponsorship commission scale in the existing agreement. Being brought before you is a one year renewal with all other fees remaining the same with the exception of the two changes. Chairperson Weithorn requested a copy of the contract with Superlative and for legal to look at what the City's obligation would be to TSG if it was decided to no longer utilize their services. Chairperson Weithorn stated they are not ready to bring forth a recommendation until the legal analysis is looked at, therefore, City Manager Morales requested the item be deferred to the next meeting. 5. Discussion regarding PACE (Property-Assessed Clean Energy) ACTION The Committee recommends having the City Manager appoint an Administrator to vet this item and then bring it back to the full Commission. Property-Assessed Clean Energy Representative Steve Alexander presented this item. Ygrene Energy Fund Vice President Joe Spector began discussions on explaining that PACE is a new spin on the energy efficient assessment powers of the City. Municipalities can finance retrofits that are repaid by the property owner through non-ad valorem assessment on property tax bill. This includes Energy Efficiency, Renewable Energy, Hurricane Protection and Water Conservation. There are different items that qualify for eligible improvements. There is 100% financing with no out of pocket expenses to the property owner which removes the single largest obstacle to implement these projects. It is a voluntary program with a different option for property owners to take advantage of. Only those individuals that participate pay the assessment. It is also non credit base allowing for those that would not be eligible for traditional financing. Seven Municipalities have joined forces to offer the program: Coral Gables, Miami, Miami Shores, South Miami, Palmetto Bay, Pinecrest and Cutler Bay. A second district called the Coastal Corridor has been set up and is open for other Municipalities to join. The district is a separate legal entity which is of no cost the City. City Manager Jimmy Morales asked for clarification on where the funds are coming from. Mr. Spector stated it's bonds in private funding that goes through the district with no liability and financial exposure to the City. Property-Assessed Clean Energy Representative Steve Alexander stated the proposed Coastal district would include Bay Harbor Islands, Biscayne Park, Sunny Isles Beach, Key Biscayne and other cities that have not been spoken to yet. Commissioner Gongora asked what does coming in entail in which Mr. Alexander stated it can be anyone within the City boundary that wants to be a part of the program. Mr. Spector stated the loan would show up as an ad valorem tax. The loan would be a lien against the property if it's sold it can be paid in full or passed on to the next property owner. The minimum project is $2,500 through the program. Commissioner Gongora requested the item be moved to Commission or have it vetted by Administration to make sure there aren't competing programs. Commissioner Gongora made the motion to have the City Manager appoint an Administrator to vet this item and bring it back to the full Commission. Motion was second by Chairperson Weithorn. NEW BUSINESS 6. Discussion regarding Budget Advisory Committee recommended Pension Reform policies and guidelines ACTION The Committee recommended passing the guidelines recommended for long term pension reform by the Budget Advisory Committee and then moved the item to the full Commission with the exception of the one item that requires review by legal. Assistant City Manager Kathie Brooks presented this item. Assistant City Manager Kathie Brooks began by stating the Budget Advisory Committee (BAC) did a review of pension reform last year. BAC is recommending policies for long term pension reform. BAC is also recommending guidelines for the City to adopt which establish thresholds which if surpassed will require the City to take prompt and appropriate measures to meet the guideline criteria. The policies and guidelines address four perspectives: (1) Afford ability and Sustainability, (2) Appropriate Benefits to Provide to Employees, (3) Recruitment and Retention, and (4) Management of Risk/Risk Sharing. This review was based on the October 1, 201 0 valuation when fire and police was 64% funded and the general employees were 74% funded. For payroll, the amount going into pension was almost 73% for fire and police and almost 25% for the general plan. The actuary for the City Pension Fund for Firefighters and Police Officers in the City of Miami Beach Fire and Police Pension Plan presented a draft Actuarial Valuation Report during the February 21, 2013, Fire and Police Pension Board meeting. The preliminary estimate for the City's Annual Required Contribution (ARC) towards the Fire and Police Pension Plan, which is payable on October 1, 2013, is $41.5 million, an increase of approximately $2.1 million from the current fiscal year. This represents 89.6% of pensionable payroll for Fire and Police Pension Plan employees. The unfunded liability is estimated at $382 million, representing a percent funded of 59 percent. If no changes are made and all assumptions are met, the City's actuary estimates that this will decrease to 80 percent of pensionable payroll by 2022, and 35 percent of payroll by 2041. The actuary for the Miami Beach Employees Retirement Plan Actuarial Valuation Report dated March 11, 2013 estimates the City's Annual Required Contribution (ARC) towards the Miami Beach Employees Retirement Plan, which is payable on October 1, 2013, is $26.2 million, an increase of approximately $5 million from the current fiscal year. This represents 40.29% of pensionable payroll for these employees. The unfunded liability is estimated at $216 million, representing a percent funded of 66.1 percent. The City's normal pension cost for the Miami Beach Employees Retirement Plan (i.e. net of the amortization payments for the unfunded liability) is approximately 11 percent of payroll. Assistant City Manager Brooks continued and stated that the policies that were unanimously adopted by the BAC were Affordability and Sustainability, Appropriate Benefits to Provide to Employees, Recruitment and Retention and Management of Risk/Risk Sharing. Chairperson Deeded Weithorn stated the guidelines are attainable over time. Resident Paul Jones stated the tax payer appears to be shouldering the liability depending on how long employees are living. Commissioner Gongora made a motion to pass the guidelines recommended for long term pension reform by BAC with the exception of the one item that requires review by legal and then to move this item to the full Commission. Commissioner Jorge Exposito seconded the motion. 7. Discussion regarding the issue of encouraging businesses to support the effort of implementing more homeless meters ACTION The Committee recommended moving this item to the Commission with feedback from the Homeless Committee. Real Estate, Housing & Community Development Director Anna Parekh presented this item. Real Estate, Housing & Community Development Director Anna Parekh briefly stated the City of Miami Beach participates in the Miami-Dade County Homeless Trust which administers proceeds of the one-percent food and beverage tax on issues involving homelessness. The City has been participating in a fundraising campaign referred to as the "Homeless Meters" in an effort to continue to promote awareness of homeless issues throughout the community. The Homeless Meters are surplus parking meters graphically enhanced by a local artist and placed were panhandling most frequently occurs. The initial resolution allowed for 11 Homeless Meters to be placed throughout the City. A private donor sponsored 11 additional meters that Joe's Stone Crab allowed to be placed in their parking lot. Sponsors provide a tax deductible contribution of $1,000.00 per donation meter sponsorship. Currently, the money deposited into Homeless Meters is collected and maintained by the Miami Parking Authority free of charge to the Homeless Trust. The Homeless Trust is requesting the City of Miami Beach Parking Department take over collection and maintenance of the Homeless Meters. In return, the Homeless Trust would place a meter and a large collection device at City Hall at no cost and pay for the processing fees of the collections and annual audit costs per year. Regulatory review may be required for the large collection device depending on its size, design and location. Subsequently, the Homeless Trust requested that the City of Miami Beach Parking Department take over collection and maintenance of the 22 Miami Beach Homeless Meters. Commissioner Michael Gongora made a motion to move this item to the Commission with feedback from the Homeless Committee. Commissioner Jorge Exposito seconded the motion. 8. Discussion regarding the collection of City Liens ACTION The Committee requested a review of those liens that can be foreclosed upon and refer them to the Legal Department for action. Chief Financial Officer Patricia Walker presented this item. Chief Financial Officer Patricia Walker began the discussion by stating The Finance Department currently is responsible for the collection and settlement of outstanding City liens. Liens are generated in a few different ways. The Finance Department files liens for unpaid utility bills, special assessments, resort tax and other City bills. Liens resulting from unpaid charges generated by other departments are sent to the Finance Department for review and filing with the County for recording. Liens for unpaid charges are prepared for any item at least 90 days past due. This is determined from receivable aging reports generated by the Eden system or the Resort Tax database. Once the report is generated, intent to lien notices and the liens themselves are drafted for any items at least 90 days past due. The notice, along with a copy of the Claim of Lien, is mailed to the each customer. If no response is received in 30 days, the original Claim of Lien is mailed to the Miami Dade County Clerk's Office for recording. Once the recorded lien is returned from the County, it is scanned and attached to the customer's account, as well as logged in the City's centralized lien database. There are approximately 333 outstanding liens without considering interest for a total of $1.3 million. There are two general methods for the collection of all liens. First, a letter is sent to all owners of property with City liens informing them of the status of their liens and asking them to contact the City for assistance with resolution of their obligation. Beginning this fiscal year, the Finance Department has initiated additional contacts with the property owners via email, if available. Liens may be settled when a property owner wishes to sell or refinance their property in which the Finance Department works with legal to discuss a resolution of an existing lien. The second type of lien is those that result from the Special Masters process. City Code Chapter 30 provides that the Special Master's jurisdiction over the mitigation of liens terminates three years after the Affidavit of Compliance has been issued. For Special Master lien settlements, all violations related to the property must be cured and in compliance with all City Codes. The Administration then takes into account the amount of equity, good faith actions, promptness to comply, change in ownership, legal proceedings and issues with other regulatory agencies. In most cases, the property owner does not come into the City until they are ready to sell their property or refinance. After all mitigating factors have been presented by the owner and the City has done its due diligence, a recommendation is made by the City and presented to the owner. At this time the owner can either accept or counter offer for further consideration. If the owner and administration agree on a settlement amount, a settlement agreement is written. If the amount is less than $100,000 the Chief Financial Officer and the City Manager approve the agreement. If the amount of the reduction is $100,000 or greater the settlement agreement is presented to the City Commission for approval. Commissioner Michael Gongora asked how much money is really out there and Chief Financial Officer Walker stated there have been about 93 liens settled for $530,000. The amount outstanding is about $16 million for 150 liens. Commissioner Gongora requested a review of those liens that can be foreclosed upon and refer them to the Legal Department for action. 9. Discussion regarding the implementation of the regional climate action plan. Discussion regarding to review the 28 rules to determine what can be done when performing City projects, to avoid doing double work and increasing the cost ACTION The Committee stated this was an update and took no action. Public Works Director Eric Carpenter presented this item. Public Works Director Eric Carpenter began by stating the City has identified RCAP recommendations that are applicable to GO Bond projects and determined which of these initiatives should be incorporated now to avoid the need for future retrofits. Item No. SP-8 identifies locations within Adaptation Action Areas or similarly vulnerable areas where targeted infrastructure improvements, new infrastructure, or modified land use and/or development practices could reduce vulnerability and/or improve community resilience. These are policies to do new construction, addressing historic areas that limit the ability to do certain construction, sea levels in certain areas, etc. There has to be a determination if the storm water master plan is durable long term. Chairperson Deeded Weithorn stated this plan makes sense long term in concurrence with projects that require initiative be taken. In the immediate, there doesn't have to be an over haul to the Historic areas. The more data provided to the Commission will allow for a more informed decision to move forward on the recommendations for these projects. Public Works Director Carpenter asked if it was okay to continue to look at new and innovative technology and partnering with institutions of higher education to make sure we stay on the fore front. 10. Discussion Association efficiencies ACTION Item Deferred. regarding ("ICMA") International City/County Recommendations for Fire Management Department 11. Discussion regarding Labor Peace Agreements ACTION The Committee recommended Chief Deputy City Attorney Aguila put together a resolution that is appropriate for the City and bring it back to the June Commission. Chief Deputy City Attorney Raul Aguila presented this item. Chief Deputy City Attorney Raul Aguila begin the discussion by providing four (4) attachments (for example purposes only) that included a draft ordinance proposed by UNITE HERE, a labor organization; Miami-Dade County Labor Peace Agreement clause in the County contract; Labor Peace Agreement from County concession agreement; and County resolution requiring labor peace agreements for MIA concession agreements. This was a request from UNITE HERE to encourage the City to either pass a resolution or ordinance requiring labor peace agreements in new contracts to provide food, beverage, or hotel services on City property within the Convention Center district. A labor peace agreement is an agreement that an employer executes with a labor organization that there will not be any strikes or walk outs during the contract period that can impact the employer's performance under the contract or interrupt the provision of the services. Commissioner Michael Gongora asked what is the recommendation to the City, and Chief Deputy City Attorney Aguila stated if there's a policy preference to do this, it shouldn't be as broad as it is in the proposed draft ordinance. This can be accomplished the same way by resolution and not ordinance. This could affect the RFQ for the Convention Center and the hotel that would be a part of the Convention Center project, as well as the Convention Center food and beverage service ITN. Commissioner Michael Gongora made a motion for Chief Deputy City Attorney Aguila put together a resolution that is appropriate for the City and bring it back to the June Commission. Commissioner Jorge Exposito seconded the motion. 12. Discussion regarding the Management Agreement for the Management of the Miami Beach Convention Center and Colony Theater ACTION The Committee directed staff to proceed with two (2) one (1) year renewal options, instead of one (1) two (2) year renewal and took no action. Cultural Arts & Tourism Development Director Max Sklar presented this item. Cultural Arts & Tourism Development Director Max Sklar began by stating they are in contract negotiations with Global Spectrum. The first agreement started in October 2008 and terminates after the renewal options in September 2013. The contract that is being negotiated is for three years with one two year extension. The management fee being negotiated will go back to the original fees from five years ago that will generate savings of about $80,000 over the five year term of the agreement. The Capital Contribution and Improvements is $200,000 that's payable within 30 days of contract execution. The Scholarship Contribution will continue at the same level of $12,500 per year for students interested in pursuing a career in Hospitality and Management. This will be payable within 30 days of contract execution and, thereafter, within 30 days of commencement of each contract year. The incentive fee has been simplified to reflect the one change of Customer Service and includes the following: 25 percentage points that are awarded based on the average survey score for ten departments, 5 percentage points will be awarded based upon the completion of customer satisfaction surveys, 50 percentage points will be based on the annual Gross Operating Revenue generated, 15 percentage will be awarded if Global has met or exceeds the maintenance standards set forth in the agreement and 5 percentage points that are at the sole and absolute discretion of the City. The Financial Performance basis was increased by a million dollars to $17.50M > revenue which equals 50 points and is a significant change to benefit the City. The Marketing and Promotion will continue as part of Global's comprehensive approach to marketing the facility. For any contract year, if the actual Net Operating Profit or Net Operating Loss achieved is unfavorable as compared to the approved budget by a margin of greater than $50,000, then the incentive fee earned by Global for such contract year shall be reduced by $.50 for every dollar of shortfall, up to the cap. Commissioner Michael Gongora asked what level of participation would be from Messe Schweiz and asked for clarification on the change in the renewal options. Cultural Arts & Tourism Development Director Sklar stated they were being consistent with the past history on the agreements. The Committee directed staff to proceed with two (2) one ( 1) year renewal options, instead of one ( 1) two (2) year renewal. The Committee took no action. EMERGENCY ITEMS 13. Discussion of Senior Lunch Funding ACTION The Committee made a motion to set aside funding for lunch at the 3 Senior Facilities until the next Commission meeting. Chairperson Deede Weithorn opened the meeting to discuss the funding for the Senior Lunch. Commissioner Michael Gongora stated that he had issued a check for $1,500. Commissioner Gongora then made a motion to set aside funding for lunch at the 3 Senior Facilities until the next Commission meeting. Commissioner Jorge Exposito seconded the motion. 14. Discussion of Lincoln Road(Euclid) ACTION The Committee requested a Letter To Commission and for this item to be moved to the full Commission. Chairperson Deede Weithorn suggested a Letter to Commission (LTC} and then to move this item to the full Commission. The LTC would provide the necessary data that is needed to make a decision. Commissioner Michael Gongora made a motion requesting a LTC and for this item to be moved to the full Commission. Commissioner Jorge Exposito seconded the motion. 15. Discussion of Waste haulers ACTION The Committee requested the ordinance be brought back to the Commission for first reading to determine if there needs to be Code changes. Public Works Director Eric Carpenter presented this item. Public Works Director Eric Carpenter stated there were internal discussions on Chapter 90 of the Code regarding Waste hauler contractors. The only mechanism currently in the code for fining people for not doing what they are suppose to do is to fine the property owner. This matter can be approached by looking at the code as a means of addressing fines for waste haulers that aren't providing the services they are suppose to or from a contractual mechanism of liquidated damages to the 24 hour provision making the Waste haulers responsible for providing a remedy to the concerns brought to them within 24 hours. This would only apply to the new contracts. All of the contracts are up July 2015. The only concern regarding the contractual mechanism is it becomes an administrative obligation rather than a Code Officer. Chairperson Deede Weithorn stated there are issues and concerns on both sides which might require Code changes. Commissioner Weithorn requested the ordinance be brought back to the Commission for first reading to determine if there needs to be Code changes. C7 RESOLUTIONS COMMISSION ITEM SUMMARY Condensed Title: A Resolution authorizing the City Manager to apply for and accept awards for four grants (4). Key Intended Outcomes Supported: 1) 2) and 3) Enhance mobility throughout the City and, 4) Increase visibility of police and maintain crime rates at or below national trends. Supporting Data: Community Satisfaction Survey 2012: 1) 2) and 3) 11% of residents use "Walking/Bicycling" as their primary mode of transportation; and, 4) Resident respondents rated "Increasing visibility of Police in neighborhoods" as the second most important area for the City to address in an effort to improve public safety throughout the City. Item Summary/Recommendation: Approval to authorize the City Manager or his designee to submit the following grant applications: 1) The Florida Safe Routes to School Program in the approximate amount of $150,000 for Fienberg Fisher K-8 Center; 2) The Florida Safe Routes to School Program in the approximate amount of $800,000 for Nautilus Middle School, North Beach Elementary School and Miami Beach Senior High School; 3) The Florida Department of Transportation for funding, in the approximate amount of $1,000,000, for Transportation Alternatives Program funds for the Middle Beach Recreational Corridor, 58th to 64th Street; and, retroactively, 4) US Department of Justice COPS Hiring Program for funding in the approximate amount of $1,600,000 for salary and benefits for Entry-Level Police Officers; authorizing the execution of all necessary documents related to these applications, including, without limitation, audits of such grants and authorizing the City Manager or his designee to take all necessary actions related to these grants. Financial Information: Source # Grant Name/Project Approx Approximate Match Amount/ of Grant Amt. Source Funds 1 Safe Routes To School/ $150,000 N/A Fienberg Fisher K-8 Center L 2 Safe Routes To School/ $800,000 N/A Nautilus Middle, North Beach Elementary and Miami Beach Senior High Schools 3 Transportation Alternatives/ $1,000,000 N/A MBRC 58th_ 64th Street 4 COPS Hiring/New Entry $1,600,000 $400,000 match required over 3 years. Level Police Officers Source: Police Department Operating Budget FY 13/14 through FY 15/16. At the conclusion of federal funding, these positions must be maintained for a minimum of one year (12 months), which is estimated to be until September 30, 2017. Financial Impact Summary: N/A Clerk's Office Le islative Trackin : y Hoanshelt, Grants Manager, Office of Budget and Performance Improvement 51 n-Offs: Department Director Assistant City Manager ~---------------------+-------~-?~------+----&-----.--------------~ MIAMI BEACH C7A- DATE 6 ... '5"-(3 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 Me FROM: Jimmy L. Morales, City Manager DATE: June 5, 2013 SUBJECT: A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE THE FOLLOWING ACTIONS: 1) SUBMIT A GRANT APPLICATION TO THE FLORIDA'S SAFE ROUTES TO SCHOOL PROGRAM IN THE APPROXIMATE AMOUNT OF $150,000 FOR FUNDING FOR VARIOUS INFRASTRUCTURE IMPROVEMENTS, FOR FIENBERG-FISHER K-8 CENTER; 2)) SUBMIT A GRANT APPLICATION TO THE FLORIDA'S SAFE ROUTES TO SCHOOL PROGRAM, FOR FUNDING, IN THE APPROXIMATE AMOUNT OF $800,000 FOR VARIOUS INFRASTRUCTURE IMPROVEMENTS AT NAUTILUS MIDDLE SCHOOL AND NORTH BEACH ELEMENTARY AND FORA TRAFFIC STUDY AND VARIOUS INFRASTRUCTURE IMPROVEMENTS AT MIAMI BEACH SENIOR HIGH SCHOOL; 3) SUBMIT AN APPLICATION TO FLORIDA DEPARTMENT OF TRANSPORTATION FOR FUNDING IN THE APPROXIMATE AMOUNT OF $1,000,000 FOR TRANSPORTATION ALTERNATIVES PROGRAM (TAP) FUNDS FOR THE MIDDLE BEACH RECREATIONAL CORRIDOR FROM 58TH TO 64TH STREET; AND FURTHER, RETROACTIVELY APPROVING THE FOLLOW.ING: 4) SUBMITTAL OF A GRANT APPLICATION TO THE US DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS), COPS HIRING PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF $1,600,000 OVER THREE YEARS FOR THE HIRING OF ADDITIONAL CAREER LAW ENFORCEMENT OFFICERS; APPROPRIATING THE ABOVE GRANTS, MATCHING FUNDS AND CITY EXPENSES, IF APPROVED AND ACCEPTED BY THE CITY AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS RELATED TO THE AFORESTATED APPLICATIONS, INCLUDING, WITHOUT LIMITATION, AUDITS OF SUCH GRANTS, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL NECESSARY ACTIONS RELATED TO THESE GRANTS ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS 1. Approval to submit a grant application to The Florida Safe Routes to School (FLSRTS) Program in the approximate amount of $150,000 for Fienberg Fisher K-8 Center The Florida Safe Routes to School Program is a federally funded grant program intended to help communities address their school transportation needs and encourage more students to walk or cycle to school. Commission Memorandum Page 2 FLSRTS strives to enable and encourage children in grades Kindergarten through High School, including those with disabilities, to walk and cycle to school; and to facilitate the planning, development, and implementation of projects that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools. In addition, to encouraging students to walk to school, the program also seeks to address the safety needs of children already walking or biking in less than ideal conditions. The FLSRTS Program is managed through the Florida Department of Transportation. Eligible infrastructure projects under the FLSRTS Program may include: pedestrian facilities, bicycle facilities bicycle parking facilities, traffic control devices; and traffic calming: Certain eligible non-infrastructure projects are also eligible under the FLSRTS Program. In 2011, the City applied for FLSRTS Program funding for various infrastructure improvements to improve the safety of students walking and bicycling to Biscayne Point Elementary. As a result of the application, the City was notified that it will be awarded funding for this project. FOOT is currently soliciting applications for funding under the FLSRTS Program for infrastructure and non-infrastructure projects for Fiscal Years 2013/14 through 2017/18. The City's Committee for Quality Education in Miami Beach approved a motion, at its February 26, 2013 meeting, to nominate Fienberg Fisher K-8 Center for this year's grant application. At the April25, 2013 Finance and Citywide Projects Committee, the Committee approved a motion move forward with an application for Fienberg Fisher K-8 Center under the FLSRTS program. Through the application process, the City will partner with the school to identify infrastructure deficiencies currently preventing children from safely walking or bicycling to and from the schools. City staff will conduct a series of inspections of the current infrastructure, including sidewalk condition, crosswalks, signalization, signage, pavement striping, traffic calming, lighting, and drainage. City staff will also conduct a review of all current and future projects in the school boundary area as well as interviews with the school representatives. This grant does not require matching funds and supports the key intended outcome: enhance mobility throughout the City. 2. Approval to submit a grant application to The Florida Safe Routes to School (FLSRTS) Program in the approximate amount of $800,000 for various infrastructure improvements at Nautilus Middle School and North Beach Elementary School and a Traffic Study and Various Infrastructure Improvements at Miami Beach Senior High School In addition to Fienberg Fisher K-8 Center mentioned above, the Committee for Quality Education in Miami Beach (QEC) at its February 26, 2013 meeting also recommended that an application be submitted for improvements at Nautilus Middle School. At the April 25, 2013 Finance and Citywide Projects Committee meeting, the Committee recommended moving forward with the application for Nautilus Middle School under the FLSRTS program for FY 13/14. Further, the Committee directed the Administration to apply for Miami Beach Senior High School and North Beach Elementary under the FLSRTS program for FY 14/15. This would allow time for the City to conduct a traffic study to evaluate the feasibility of creating a bicycle boulevard along Royal Palm Boulevard in the Bayshore neighborhood, including obtaining concurrence from the affected residents and the required approvals from Miami-Dade County. Subsequently, based on input from the community, City staff reconfirmed the FLSRTS program criteria with FOOT Central Office in Tallahassee. FOOT Central Office advised that traffic/planning studies are eligible for funding under the FLSRTS program and recommended that the City combine schools within a two-mile radius into one application. Commission Memorandum Page3 The Safe Routes to School application was again discussed at the May 28, 2013 QEC meeting. The Committee for Quality Education approved a motion requesting that the Mayor and Commission support the request that the Nautilus Safe Routes to School Application for the City of Miami Beach include Nautilus, North Beach Elementary, and Miami Beach Senior High School for the 2013/14 grant cycle. As such, the Administration intends to submit an application, in the approximate amount of $800,000 to SRTS for the three schools mentioned above. Through the application process, the City will partner with the schools to identify infrastructure deficiencies currently preventing children from safely walking or bicycling to and from the schools. A traffic study will be conducted to evaluate the feasibility of constructing a bicycle boulevard along Royal Palm Boulevard from 28th Street to 41st Street. Bicycle Boulevards are streets with low motorized traffic volumes and speeds, designated and designed to give bicycle travel priority. Bicycle Boulevards use signs, pavement markings, and speed and volume management measures to discourage trips by motor vehicles and create safe, convenient bicycle crossings. A bicycle boulevard along Royal Palm Boulevard would provide a safe corridor through the Bayshore neighborhood for children cycling to Miami Beach Senior High, Nautilus Middle, and North Beach Elementary. Further, an extension to the proposed PAR 3 Golf Course Off-Road/ Share-Use Path would provide a direct connection between the Scott Rakow Youth Center and Miami Beach Senior High. In addition, a series of inspections of the current infrastructure, including sidewalk condition, crosswalks, signalization, signage, pavement striping, traffic calming, lighting, and drainage will be conducted as well as a review of all current and future projects in the school boundary area and interviews with the school representatives. This grant does not require matching funds and supports the key intended outcome: enhance mobility throughout the City. 3. The Transportation Alternatives Program (TAP) is an element of the Federal Highway Administration's Surface Transportation Program. Under the new federal transportation legislation, MAP 21, TAP replaces the former Transportation Enhancement Program. If awarded, projects selected to receive TAP funds will be programmed based on the year the project phase is ready to use the funding with the understanding that funding is subject to the availability of federal funds and an annual appropriation by the legislature. The TAP is administered through Florida Department of Transportation. To date, the City has been successfully awarded $1,237,598 from the former TEP program, through FOOT for the Middle Beach Recreational Corridor (Eden Roc project and design of 46th-64th Street). In addition, there is currently an awarded agreement in the amount of $1 million pending issuance of an agreement programmed for State FY 2012/13 (July 2013) for construction of 4th-53rd Street and an application in the amount of $1 million pending review at FOOT for construction of 53-58th Street. The total cost of the MBRC project is $14,205,709. In addition to the above $1,237,598 in FOOT funds received, the City has also appropriated $359,4 75 in Quality of Life funds and $6,415,517 in MDC COT lnterlocal funds (total of $8,012,590 in previously appropriated funds). Additional funds are programmed in future years for a total of $6,193,119. It is anticipated that the $3 million pending agreement or award, would reduce future year funding needs to $3,193,119. Commission Memorandum Page 4 The Administration intends to apply for funding in the approximate amount of $1 ,000,000 for the Middle Beach Recreational Corridor (MBRC) project (58th to 64th Street project - construction). Funding, if awarded, will be available between the years of 2014 and 2018. This program does not require matching funds and supports the key intended outcome: enhance mobility throughout the City. 4. Retroactive approval to submit an application to the US Department of Justice, Office of Community Oriented Policing Services (COPS), Cops Hiring Program for funding in the approximate amount of $1.600,000 over three years for the hiring of additional career Law Enforcement Officers The COPS Hiring Program provides funding directly to law enforcement agencies to hire and/or rehire career law enforcement officers in an effort to increase their community policing capacity and crime prevention efforts. The grant will cover up to 75% of the approved entry-level salary and fringe benefits of each newly-hired and/or rehired, full-time sworn career law enforcement officer. The grant requires a minimum 25% local cash match and the maximum amount of federal funds available is $125,000 per officer position. This grant has a non-supplanting requirement that mandates that grant funds not be used to replace state or local funds that would, in the absence of federal aid, be made available for the purpose of the grant. Instead, grant funds must be used to increase the total amount of funds that would otherwise be made available for the grant purposes. The Administration was notified of this grant at the time of printing for the May agenda, with insufficient time to include it on the agenda, as such it is being placed on the June 2013 agenda for retroactive approval. The grant will provide funding for three years (36 months) for each position awarded. At the conclusion of federal funding, grantees must retain all sworn officer positions awarded under the CHP grant for a minimum of one year (12 months), estimated to be September 30, 2017). The retained grant funded position(s) should be added to the grantee's law enforcement budget with state and/or local funds, over and above the number of locally- funded positions that would have existed in the absence of the grant. These positions will be maintained in a separate grant-funded account. The Administration proposes applying for this grant to fund five (5) positions, which is the maximum number of positions that the grant will fund, based on population. Funding in the approximate amount of $1,600,000 over three years will be requested for salaries and benefits. The match amount will be $400,000 from the FY 13/14 Police Department Operating Budget. Consideration of whether the City wants to add positions or not, will be part of the budget process. After a determination is made during the budget process, the Administration can withdraw the grant application or not, based on whether new positions were approved in the budget process. This program supports the key intended outcomes: increase visibility of police and maintain crime rates at or below national trends. CONCLUSION The Administration requests approval to authorize the City Manager or his designee to submit applications to: 1 )The Florida Safe Routes to School Program in the approximate amount of $150,000 for Fienberg Fisher K-8 Center; 2) The Florida Safe Routes to School Program in the approximate amount of $800,000 for Nautilus Middle School, North Beach Elementary School and Miami Beach Senior High School; 3) The Florida Department of Commission Memorandum Page 5 Transportation for funding, in the approximate amount of $1,000,000, for Transportation Alternatives Program funds for the Middle Beach Recreational Corridor, 58th to 641h Street; and to approve retroactive submittal of an application to: 4) US Department of Justice, Office of Community Oriented Policing Services (COPS), Cops Hiring Program for funding in the approximate amount of $1,600,000 over three years for the hiring of additional career Law Enforcement Officers; appropriating the above grants, matching funds and City expenses, if approved and accepted by the City; authorizing the execution of all necessary documents related to these applications, including, without limitation, audits of such grants and authorizing the City Manager or his designee to take all necessary actions related to these grants. JLM/ T:\AGENDA\2013\June 5\Grants Memo.doc RESOLUTION TO BE SUBMITTED THIS PAGE INTENTIONALLY LEFT BLANK C7 -Resolutions C7B A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The Mayor And City Clerk To Execute Amendment No. 25 To The Professional Services Agreement Between The City Of Miami Beach, Florida, And Ch2mhill For The Professional Landscape, Architectural And Engineering Services For The Right-Of-Way Infrastructure Improvement Program For Neighborhood No. 8 Bayshore And Sunset Islands, Dated May 16, 2001 (The Agreement), For Additional Design Services To Update The Current Design To Adhere To The Public Works Department Storm Water Design Guidelines And To Incorporate The Seawall Reconstruction Design For The Street End Of 23rd Street For The Bayshore Neighborhood No. 8 -Lower North Bayroad (Package B), For A Not To Exceed Amount Of $XXXX And An Additional Amount Of $XXXX For Reimbursables Expenses, For A Total Amount Of $XXXX, With Previously Appropriated Funding .. (Capital Improvement Projects Office) (Memorandum to be Submitted in Supplemental) Agenda Item C 1 B Date 0-~-13 THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The Mayor And City Clerk To Execute Amendment No. 2 To The Existing Professional Services Agreement Between The City Of Miami Beach And Atkins North America, Inc. Dated September 23, 2011, For The Bayshore Neighborhood No. 8 Right Of Way Infrastructure Improvement-Central Bayshore (Package A), Lower North Bay Road (Package B), And Lake Pancoast (PackaQe C) Projects, For Additional Resident Project Representative Services. Key Intended Outcome Supported: I ~~sure Value and Timely Delivery of Quality Capital Projects, Improve Storm Drainage Citywide, and Maintain vny:; fra structure. Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey indicated that over 81% of residents rated recently completed capital improvement projects as "excellent" or "good". drainaQe (37o/~). and condition of roads (44%). Recently completed capital improvement projects (81%), storm Item Summary/Recommendation: On January 19, 2011, the Mayor and City Commission approved the award of the construction contract for the Right- of-Way Improvements for Bayshore Neighborhood 8 Central Bayshore (Package A) and Lake Pancoast (Package C to Lanzo Construction Co. of Florida (LCC). The Project time in the contract with LCC called for a total of 730 calendar days (or 24 months). On July 13, 2011, the Mayor and City Commission adopted Resolution No. 2011-27682 authorizing the execution of a Professional Services Agreement with Atkins North America, Inc., (CONSULTANT) in the lump sum amount of $544,000, including reimbursable expenses for Resident Project Representative Services for Neighborhood No. 8 Central Bayshore (Package A), Lower North Bay Road (Package B), and Lake Pancoast (Package C) (the Project). On March 14, 2013, Amendment No. 1 to the Agreement was executed by the City Manager, approving additional resident project representative services to provide management support services related to cost analysis and design and permitting management and monitoring for the Phase II work at Central Bayshore, in the not-to-exceed amount of $23,925. . The base contract time for the Resident Project Representative Services was for a period of (26) months, commencing upon the second Notice to Proceed issued on October 31, 2011, and ending on October 31, 2013. On March 13, 2013, the Mayor and City Commission adopted Resolution No. 2013-28162, approving Amendment No. 2 to the Construction Contract for Central Bayshore (Package A), for additional scope associated with Phase II work and a time extension of 168 days. Additional resident project representative services were necessary due to additional scope added to the Construction Contract via change orders for additional work related to unforeseen conditions and rain delays, which extended the original project completion date by an additional 76 days. Therefore, the additional extension of time is 168 days plus the 76 days totals 244 days or approximately 8 months. Amendment No. 2 to the Agreement in the amount of $241 ,359 will provide additional resident project representative services for a period of approximately (8) eight months. Staff finds both the scope and negotiated fee to be reasonable and appropriate, and the hourly billing rates are within the current approved amount negotiated for all City consultants. The Administration recommends approval of the resolution. Advisory Board Recommendation: I N/A Financial Information· Source of Amount Account Funds: 1 $39,342 Pav-As-You-Go Account #302-2205-069357 ~ 2 $59,012 Water & Sewer Bonds 2000S Fund #424-2205-069357 3 $98,354 Stormwater LOC Fund #429-2205-069357 4 $8 930 Pay-As-You-Go Account #302-2326-069357 5 $13,396 ~er Enterprise Fund #425-2326-069357 6 $22,325 ater Enterprise Fund #427-2326-069357 Total $241,359 OBPI Financial Impact Summary: MIAMI BEACH AGENDA ITEM _C_7_C. __ DATE _,_-..;;;.'S_ ... .;...ol $""-- 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 Me FROM: Jimmy L. Morales, City Manager DATE: June 5, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTH RIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 2 TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ATKINS NORTH AMERICA, INC. DATED SEPTEMBER 23, 2011, FOR THE BAYSHORE NEIGHBORHOOD NO. 8 RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT- CENTRAL BAYSHORE (PACKAGE A), LOWER NORTH BAY ROAD (PACKAGE B), AND LAKE PANCOAST (PACKAGE C) PROJECTS, FOR ADDITIONAL RESIDENT PROJECT REPRESENTATIVE SERVICES, FOR A PERIOD OF EIGHT (8) MONTHS, IN THE NEGOTIATED NOT-TO-EXCEED AMOUNT OF $234,409 AND AN ADDITIONAL AMOUNT OF $6,950 FOR REIMBURSABLES EXPENSES, FOR A TOTAL AMOUNT OF $241,359, WITH PREVIOUSLY APPROPRIATED FUNDING. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Ensure Value and Timely Delivery of Quality Capital Projects. FUNDING Funding in the amount of $241 ,359 has been previously appropriated in the Capital Budget, as follows: $ 48,272 $ 59,012 $ 13,396 $ 22,325 $ 98.354 Total $241,359 BACKGROUND Pay-As-You-Go-Account 302 Water and Sewer Bonds 2000S -Account 424 Water and Sewer Enterprise Fund -Account 425 Stormwater Enterprise Fund -Account 427 Stormwater LOC -Account 429 On February 1, 2010, the City of Miami Beach issued ITB No. 18-09/10 for construction of right-of-way improvements for Bayshore Neighborhood No. 8 Central Bayshore (Package A) and Lake Pancoast (Package C). The Mayor and City Commission awarded this ITB to Lanzo Construction Co. of Florida (LCC) at its January 19, 2011 meeting. The project provided for neighborhood right-of-way improvements including the installation of water mains, storm water infrastructure, sidewalk restoration, landscaping, irrigation, and resurfacing of existing roadways. The project time in the contract called for a total of 730 calendar days. Commission Memorandum Bayshore Packages A & C-Atkins Norlh America -Amendment No. 2 June 5, 2013 Page 2 of 3 On July 13, 2011, the City of Miami Beach adopted Resolution No. 2011-27682, authorizing the Mayor and City Clerk to execute a Professional Services Agreement with Atkins North America, Inc. (Atkins) pursuant to Request for Qualifications (RFQ) No. 36-10/11, for Resident Project Representative Services (RPR), in the amount of $544,000, including reimbursable expenses, for a period of 26 months for the Neighborhood No. 8 -Central Bayshore (Package A), Lower North Bay Road (Package B) and Lake Pancoast (Package C) projects. On March 14, 2013, Amendment No. 1 to the Professional Services Agreement with Atkins was executed by the City Manager in the amount of $23,925 to provide management support services related to cost analysis, permitting management and monitoring for phase II work at Central Bayshore (Package A). The City of Miami Beach adopted Resolution No. 2013-28162 on March 13, 2013, authorizing the Mayor and City Clerk to execute Amendment No. 2 to the construction contract between the City of Miami Beach and LCC, for additional scope toward the Central Bayshore improvement project. This additional scope extended the construction schedule for a period of one hundred and sixty-eight (168) calendar days. In addition to the aforementioned extended time, LCC has also been awarded an additional seventy-six (76) calendar days via change orders for additional work related to unforeseen conditions and rain delays. The total additional time approved as related to Resolution No. 2013-28162 and the Change Orders to date amount to approximately eight (8) months. It will be necessary to approve the cost for additional Resident Project Representative Services, in order to extend Atkins' services beyond the original construction contract time. ANALYSIS The RPR's duties and responsibilities include general coordination and communication with the City, the City's Architect/Engineer (A/E) Consultant and the Contractor; attend and participate in the Pre-Construction Meeting with the City as well as all project progress meetings; conduct field inspections on a daily basis throughout the course of the project; monitor specialty AlE Consultant site visits; prepare daily reports; provide photographic records of construction activities; review materials and workmanship of the project and report to the City any deviations from the Contract Documents; monitor delivery of materials to the job site; review shop drawings; issue non-compliance notices when required; identify any existing facilities damaged by the contractor; perform independent review of any change orders submitted by the contractor; coordinate requests for information with the AlE Consultant; monitor progress of construction and ensure the Contractor's adherer.1ce to the schedule; verify pay requisition quantities and sign off on all pay requisitions; coordinate various tests for quality control of the project; monitor record drawing mark-ups; recognize hazards while in the normal conduct of onsite business; review and monitor the Contractor's adherence to an acceptable quality control program; keep a log of all forced work efforts related to a disputed change order; verify compliance with the Maintenance of Traffic (MOT) plan in the field; forward water main shutdown requests to the City; verify substantial completion; and attend "walk-through" inspections of the work; attend and participate in a final completion walk-through and inspection and prepare a final Certificate for Payment. Commission Memorandum Bayshore Packages A & C-Atkins North America -Amendment No. 2 June 5, 2013 Page 3 of3 The base contract time for these services was for a period of 26 months commencing upon the second notice to proceed issued to the Contractor on October 31, 2011. The construction schedule of the project was extended for a period of approximately eight (8) months. This was due to extensions of time awarded to the contractor via change orders for additional work related to unforeseen conditions, rain delays, and additional scope approved under Resolution No. 2013-28162. The City finds the Not-to-exceed amount of $241 ,359 to be fair and reasonable. The extension of services will be for an additional eight (8) months to be added to the original contract duration. CONCLUSION The Administration recommends that a Resolution of the Mayor and Commission of the City of Miami Beach, Florida, authorizing the Mayor and City Clerk to execute Amendment No. 2, to the existing Agreement between the City of Miami Beach and Atkins North America, Inc. dated September 23, 2011, for a period of eight (8) months, to provide additional Resident Project Representative Services for the Bayshore Neighborhood No. 8A -Central Bayshore right-of- way project in the negotiated, not to exceed amount of $234,409, and an additional amount of $6,950 for reimbursable expenses, for a total amount of $241 ,359; with previously appropriated funding. Exhibit A: Amendment No. 2 Schedule A, Scope of Services and Schedule B, Fee Schedule JLM/JMT/DM/EB F:\T _Drive\AGENDA\2013\June 5\Bayshore-Atkins\Atkins -Amendment No. 2 -MEMO.docx EXHIBIT A AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND ATKINS NORTH AMERICA, INC., FOR PROFESSIONAL ARCHITECTURE AND ENGINEERING SERVICES FOR THE BAYSHORE NEIGHBORHOOD NO.8-CENTRAL BAYSHORE (PACKAGE A), LOWER NORTH BAY ROAD (PACKAGE B), AND LAKE PANCOAST (PACKAGE C) RESIDENT PROJECT REPRESENTATIVE SERVICES DATED SEPTEMBER 23,2011 SAID AMENDMENT FOR ADDITIONAL RESIDENT PROJECT REPRESENTATIVE SERVICES IN THE NOT-TO-EXCEED AMOUNT OF $241,359 FOR THE CENTRAL BAYSHORE (PACKAGE A) AND LAKE PANCOAST (PACKAGE C) PROJECT This Amendment to the Agreement made and entered this __ day of , by and between the City of Miami Beach, a Municipal Corporation existing under the laws of the State of Florida (hereinafter referred to as CITY), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and Atkins North America, Inc., a Florida Corporation having its principal office at 4030 West Boy Scout Boulevard, Suite 700, Tampa, Florida, 33607 (hereinafter referred to as CONSULTANT). RECITALS WHEREAS, on July 13, 2011, the Mayor and City Commission adopted Resolution No. 2011-27682 authorizing the execution of a Professional Services Agreement with Atkins North America, Inc., (CONSULTANT) in the lump sum amount of $544,000, including reimbursable expenses for Resident Project Representative Services for Neighborhood No. 8 Central Bayshore (Package A), Lower North Bay Road (Package B), and Lake Pancoast (Package C) (the Project); and WHEREAS, the Project includes Resident Project Representative Services for a period of 26 months; and WHEREAS, on March 14, 2013, Amendment No. 1 to the Agreement was executed by the City Manager, approving additional Resident Project Representative services to provide management support services related to cost analysis and design and permitting management and monitoring for the Phase II work at Central Bayshore, in the not-to-exceed amount of $23,925; and WHEREAS, on March 13, 2013, the Mayor and City Commission adopted Resolution No. 2013-28162, approving Amendment No. 2 to the Construction Contract for Central Bayshore (Package A), for additional scope associated with Phase II work and a time extension of 168 days; and WHEREAS, the additional scope associated with Phase II work requires additional resident project representative services; and WHEREAS, additional Resident Project Representative services are necessary due to additional scope added to the Construction Contract via change orders for additional work related to unforeseen conditions and rain delays, which extended the original project completion date by 76 days; and WHEREAS, the additional scope associated with Phase II work and the approved change orders have extended the Construction Completion date by approximately eight (8) months; and WHEREAS, this Amendment No.2 to the Agreement in the amount of $241,359 will provide additional Resident Project Representative services for a period of approximately eight (8) months; and WHEREAS, City staff have evaluated the Consultant's cost proposal and are in agreement that the proposal is fair and reasonable; and WHEREAS, Amendment No. 2 to the Agreement, will revise the total contract sum to a not- to-exceed total of $809,284. NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as part of this Amendment No. 2. 2. MODIFICATIONS The Agreement is amended to include "Schedule A-2", which is attached and incorporated herein. 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 4. RATIFICATION. The CITY and CONSULTANT ratify the terms of the Agreement, as amended by this Amendment No. 2. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: Rafael Granado City Clerk ATTEST: TITLE: Print Name F \ r_Orive\J\GEND/\\201 CITY OF MIAMI BEACH By ________________________ ___ Matti Herrera Bower Mayor CONSULTANT: ATKINS NORTH AMERICA, INC., By ________________________ ___ TITLE: Print Name SCHEDULE A-2 1. ADDITIONAL RESIDENT PROJECT REPRESENTATIVE SERVICES Task 1.0 -Additional Resident Project Representative Services for a period of approximately eight (8) months, related to extensions of time awarded to the Contractor via change orders for additional work related to unforeseen conditions, rain delays, and additional scope related to Phase II-Central Bayshore (Package A). See attached Atkins proposal dated May 23, 2013. 2. PAYMENT AND COMPENSATION The scope of services described in this amendment shall be performed for a not-to-exceed amount of $241 ,359. Invoicing shall be as referenced in the original agreement. Consultant's request for additional services is attached for reference purposes. Compensation Original Agreement Amendment No. 1 Amendment No. 2 Total Revised Agreement $544,000 $ 23,925 $241.359 $809,284 I May 23, 2013 (Revised) Mr. Edward Baldie, LEED AP Capital Projects Coordinator Capital Improvement Projects Office City of Miami Beach Atkins North America, Inc. 2001 Northwest 1 07th Avenue Miami, Florida 33172-2507 Telephone: + 1.305.592. 7275 www.atkinsglobal.comfnorthamerica Submitted Via E-Mail RE: City of Miami Beach • Central Bayshore (Package A) and Lake Pancoast (Package C)-Amendment No. 2 -Additional Services Cost Proposal Dear Edward: Per your request and based on our discussions, following is our revised budget proposal for the additional services related to added scope via change orders as well as additional services related to Phase II scope of work. Atkins' fee proposal is as follows (Refer to Attachment for detailed breakdown): Atkins understands the importance of this task for the City of Miami Beach and it is thoroughly confident that it can provide support services that will enhance the City's vision of providing quality construction projects. Thank you for the opportunity to once again provide you with our services for this project Please do not hesitate to contact me with any questions or comments. Regards, Juan Alfonso, Assoc. AlA Assoc. VP/Group Manager wl Attachments Cc: Mr. David Martinez, PE-City of Miami Beach Ms. Maria Cerna -City of Miami Beach File KINS AMENDMENT No. 2 -Change Order/Phase II Additional Services Task: 1.0 May 23,2013 Scope/Assumptions: -Budget hours are based on Contractor's approved time request for Change Order scope of work. (76 CO's) -Budget hours are based on Contractor's approved time request for Phase II scope of work. (168 CO's) -Hourly rates are based on schedule C Hourly Billing rate schedule. Note: Since senior construction manager and Construction manager rates are not included in said schedule, comparable hourly rates -Reimbursable expenses are related to company vehicle, maintenance and safety equipment expenses, to be billed on a monthly basis with back-up. RESOLUTION TO BE SUBMITTED COMMISSION ITEM SUMMARY Condensed Title: A Resolution Electing Commissioner Edward L. Tobin, Group V, As Vice-Mayor For A Term Commencing On July 1, 2013 And Terminating On October 31, 2013, Or On Such Date When A New Vice-Mayor Is Thereafter Elected. Key Intended Outcome Supported: N/A. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The City Commission has established a policy of rotating the position of Vice-Mayor every four ( 4) months. Since 1994, the rotation has been by Commission Group numbers in the following sequence, Group I, II, Ill, IV, V, and VI. Based on this direction, the next Vice-Mayor Group is Group V. The term for the next Vice-Mayor is July 1, 2013 and terminating on October 31, 2013. Commissioner Edward L. Tobin (Group V) is next in the rotation to serve as Vice-Mayor. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Account Approved Funds: 1 N/A N/A D 2 3 4 OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin Si n-Offs: Department Director Assistant City Manager #-----+----------------------4------++--------------~ Rafael E. G/n Clerk T:\AGENDA\2013\June 5\Vice-Mayor\vice-mayor-SUM.doc MIAMI BEACH AGENDA ITEM ___,C.,......7_D __ DATE ............:::'-~""-S:_/_:3_ 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 M FROM: Jimmy L. Morales, City Manager DATE: June 5, 2013 SUBJECT: A RESOLUTION OF THE MAYOR D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ELECTI G COMMISSIONER EDWARD L. TOBIN, GROUP V, AS VICE-MAYOR, FOR A TERM COMMENCING ON JULY 1, 2013 AND TERMINATING ON OCTOBER 31,2013, OR ON SUCH DATE WHEN A NEW VICE-MAYOR IS THEREAFTER ELECTED. ANALYSIS The City Commission has established a policy of rotating the position of Vice-Mayor every four (4) months. Since 1994, the rotation has been by Commission Group number in the following sequence, Group I, II, Ill, IV, V, and VI. Based on this direction, the next Vice-Mayor Group is Group V. The term for the next Vice- Mayor is July 1, 2013 through October 31, 2013. Commissioner Edward L. Tobin (Group V) is next in the rotation to serve as Vice-Mayor. JLM/REG T:\AGENDA\2013\June 5\Vice-Mayor\vice-mayor.cm.doc RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ELECTING COMMISSIONER EDWARD L. TOBIN, GROUP V, AS VICE-MAYOR, FOR A TERM COMMENCING ON JULY 1, 2013, AND TERMINATING ON OCTOBER 31,2013, OR ON SUCH DATE WHEN A NEW VICE-MAYOR IS THEREAFTER ELECTED. WHEREAS, the Mayor and City Commission established a policy of rotating the position of Vice-Mayor every four months; and WHEREAS, for the term commencing on July 1, 2013 and terminating on October 31, 2013, the Mayor and City Commission herein elect Commissioner Edward L. Tobin as Vice-Mayor. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that Commissioner Edward L. Tobin is hereby elected as Vice-Mayor of the City of Miami Beach, Florida, for a term commencing on July 1, 2013 and terminating on October 31, 2013, or on such date when a new Vice Mayor is thereafter elected. PASSED and ADOPTED THIS 51h day of June 2013. " ATTEST: RAFAEL E. GRANADO, CITY CLERK T:\AGENDA\2013\June 5\Vice-Mayor\vice-mayor-RES.doc MATTI HERRERA BOWER, MAYOR THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title· A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Waiving, By 5/ih Vote, The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City, And Approving The Purchase Of Two (2) Ford F-450 Trucks In The Amount Of $77,056, From Duval Ford, From Contract No. 12-10-0905; One (1) Ford Expedition XL SUV, In The Amount Of $38,012, And One (1) Ford F-250 Truck, In The Amount Of $27,827, From Duval Ford, From Contract No. 12-20-0905; And Two (2) Traumahawk Ambulances From ETR, L.L.C., In The Amount Of $492,514, From Contract No. 11-1 0-1202; Through The Florida Sheriffs Association. Key Intended Outcome Supported: Ensure safety and appearance of building structures and sites; Increase satisfaction with family recreational activities; and Increase community satisfaction with City government. Supporting Data (Surveys, Environmental Scan, etc.): The four (4) non-ambulance vehicles being replaced have exceeded their life expectancy and currently average 2.2 years, or 44% beyond their originally projected replacement date, with maintenance and repair expenses to date, as a percent of vehicle and equipment original acquisition cost, averaging 48%. Life-to-date maintenance and repair expenses for two (2) rescue units to be replaced total $89,055 and $82,771, respectively, representing approximately 60% of the original cost of the units. They also do not meet current National Fire Protection Association standards. 97% of residents and 95% of business rated Fire services as excellent or good. 96% of residents and 93% of business rated EMR as excellent or QOOd. Item Summary/Recommendation: Based on approved funding, the Fleet Management Division ("Fleet Management") purchases vehicles for all City of Miami Beach departments and divisions. The City has historically pursued the purchase of vehicles through competitively awarded contracts by the State of Florida (State) and the Florida Sheriffs Association (FSA). Both the State and the FSA have staff dedicated to the complex tasks of developing specifications, aggregating volume from agencies across the state, competitively soliciting awards and managing contracts used by most public agencies in the State for the purchase of vehicles. Through the use of these contracts, the City benefits from the expertise and staff resources of the State and the FSA and the leveraged buying power of public agencies in the State, resulting in cost-effective vehicle purchases. In the due diligence process, vehicle pricing from the FSA and State contracts, both competitively awarded contracts, were analyzed. However, as the FSA is not one of the agencies named in the City code as an agency from whose contracts piggyback purchases may be exercised, the City Attorney's Office has determined that approval of purchases from the FSA contract will require the waiver of competitive bidding requirements, by 5fih vote. Accordingly, this is a request for the City Commission to approve utilizing the competitively awarded FSA contract numbers 12-10-0905, 12-20-0905, and 11-10- 1202 for the purchase of those vehicles noted above. Based on the analysis of the need for vehicles by various City Departments, the due diligence of staff, and pricing available through competitively awarded contracts, it is recommended that the City Commission approve the purchases of the six vehicles from the FSA contracts as the most cost-effective alternative identified. In addition to the cost-effective pricing, purchases through the FSA contracts will allow the City to benefit from subject-matter expertise and dedicated staff resources of the FSA. THE ADMINISTRATION RECOMMENDS THAT THE MAYOR AND THE CITY COMMISSION APPROVE THE PURCHASE OF VEHICLES LISTED HEREIN THROUGH THE REFERENCED FSA CONTRACT. Fmanc1al Information· Source=!}:: Amount Funds: · 1 $635,409 08 I Total $6-:tJ: Ana City Clerk's Office Legislative Tracking: JJF/JCC Public Works, Ext. 3601 MIAMI BEACH Account Fleet Management FY 2012/13 Account No. 510-6173-00673 AGENDA ITEM _(.,::.........:.7..::.£=-- DATE {p-)-1_3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov C MMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and M DATE: June 5, 2013 SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING THE PURCHASE OF TWO (2) FORD F-450 TRUCKS IN THE AMOUNT OF $77,056, FROM DUVAL FORD, FROM CONTRACT NO. 12-10-0905; ONE (1) FORD EXPEDITION XL SUV, IN THE AMOUNT OF $38,012, AND ONE (1) FORD F- 250 TRUCK, IN THE AMOUNT OF $27,827, FROM DUVAL FORD, FROM CONTRACT NO. 12-20-0905; AND TWO (2) TRAUMAHAWK AMBULANCES FROM ETR, L.L.C., IN THE AMOUNT OF $492,514, FROM CONTRACT NO. 11-10-1202; THROUGH THE FLORIDA SHERIFFS ASSOCIATION. ADMINISTRATION RECOMMENDATION Approve the purchases. FUNDING Funding is available from the following source: Fleet Management Fund, previously appropriated in $635,409.00 FY 2012/13 Capital Budget (Account No. 510-6173-000673): BACKGROUND AND ANALYSIS The Fleet Management Division ("Fleet Management") provides vehicles and equipment for all City of Miami Beach departments and divisions. In coordination with the various departments, Fleet Management develops a list of replacement vehicles and equipment which is submitted to the Commission for funding during the City's budget process each fiscal year. Replacement considerations are based on a combination of factors that include age, condition, maintenance/repair/collision expenses, and operating environment. The list of replacement vehicles and equipment, as well as any new vehicles and equipment submitted by a department as part of a service level enhancement initiative, are subject to approval by the City Commission during the annual budget process. Upon approval of funds, the City has historically pursued the purchase of vehicles through competitively awarded contracts by the State of Florida (State) and the Florida Sheriffs Commission Memorandum Request for Approval of Vehicles from FSA Contract Nos. 12-10-0905, 12-20-0905 & 11-10-1202 Page 2 of4 Association (FSA). The State, through its Department of Management Services, competitively awards a comprehensive vehicle contract yearly to be used by all agencies and political subdivisions of the State. The FSA also competitively awards vehicle contracts yearly, based on the requirements of law enforcement and emergency response agencies state-wide, for use by the agencies and political subdivisions in the State. The FSA, founded in 1893 to promote effective law enforcement and public safety programs, is one of the largest law-enforcement associations in the nation. Both the State and the FSA have staff dedicated to the complex tasks of developing specifications, aggregating volume from agencies across the state, competitively soliciting awards and managing contracts used by most public agencies in the State for the purchase of vehicles. Unlike the State and the FSA, the City does not have the internal expertise, staffing resources or buying power of these agencies. Nonetheless, through the use of these contracts, the City benefits from the expertise and staff resources of the State and the FSA and the leveraged buying power of public agencies in the State, resulting in cost-effective vehicle purchases. Vehicles The table below demonstrates the pricing from the FSA contracts is more cost-effective than the pricing from the State contract. Ambulances are not available in the State contract. State of Florida Florida Sheriffs Association 12-10-0905 112-20-0905 I Description Qty 071-000-13-1 11-10-1202 Price Tot ... Price Tot"'• 2013 Ford F-450 Truck, 4x2 2 $41,231.00 $82,462.00 $38,528.00 $77,056.00 (Parks-Greenspace) 2013 Ford Expedition XLSUV 1 $38,020.00 $38,020.00 $38,012.00 $38,012.00 (Fire -Rescue) 2013 Ford F-250 Truck, Crew Cab, 4x4 1 $27,834.40 $27,834.40 $27,827.00 $27,827.00 (Fire-Rescue) Total -Trucks: 4 ! d'otA0,316.00 $142,895.00 Traumahawk Ambulance 2 Not Available $246,257.00 $492,514.00 (Fire-Rescue) T. ~. "· ~ Cl:.tlQ? ,514.00 ,.., .. ., . ............... GRAND TOTAL: 6 ~e~~,409.oo The four (4) non-ambulance vehicles being replaced have exceeded their life expectancy and currently average 2.2 years, or 44% beyond their originally projected replacement date, with maintenance and repair expenses to date, as a percent of vehicle and equipment original acquisition cost, averaging 48%. Fire Department vehicle #1014 (SUV) is being replaced by an F-250 Truck that will be outfitted with a compartmentalized utility box uniquely designed to carry equipment in a safe and organized manner. Vehicle #1014 will be kept as a back-up unit (refer to table below). VVe cHe to to 0 z ... c: .....; Q) Q. E Q) Q. c :I 0" w ll;)IQ 1.() '01" '01" Ol co 0 co ~ '01" Ol C") ~ .,.... 0 .,.... Commission Memorandum Request for Approval of Vehicles from FSA Contract Nos. 12-10-0905, 12-20-0905 & 11-10-1202 Page 3 of4 o!S I!! ·-... C'G "' I!! c.o ..... N C'G > G>() ..... ..... Q) c: Q) o:::_ 0 0 E 0 >-~ .s~ N N C'G .. Q) a:; :;::; .. .i I I z C'G ..ll: "C Q. $ -·= :!E ... ... ·;: "' "' Q) C'G 0 Q) ::i "S cu_.. 0 0 .....; >-:!E CJ :!E ... Q. ~ "' ~ .... () () "S Q) c: Q) Q) ~ ~ c c .... ... Q) Q) C'G"C "' c ·c::; ~ ~ => 0 CJ c ... <( .! ::i Parks -0 Ford F-450 Dump Body 35,873 7 $22,042 $2,444 $3,175 Green space 0 Truck N Parks-Dump Body 1 $1 ,6o2 Ford F-450 72,029 7 3.1 $23,906 $7,066 Greenspace Truck Fire -Ford Expedition SUV4WD 46,187 5 1.3 $11,692 $1,864 $1 '162 Rescue Fire -I~ Ford Expedition suv 28,377 5 1.3 $5,659 $1,902 $1,233 Rescue 4WD Rescue Vans .....; c: "i; :i!E.S:! Q) .2 ~~ C:> ~ == Q) Q) Q:z ... +'0 "' .... w ... I ~ ::u C'G Q) >- $700 $700 $350 $675 The two (2) TraumaHawk Ambulances replace two (2) International Rescue Units that were placed into service in 2005, and are no longer cost-effective to maintain and operate. Life- to-date maintenance and repair expenses for the rescue units to be replaced (#1 024 and #1025) total $89,055 and $82,771, respectively, representing approximately 60% of the original cost of the units to be replaced. They also do not meet current National Fire Protection Association standards. The Fire Department maintains a fleet of nine Rescue Vehicles to provide for six front line units and three reserve units at all times. The reserve units are used when preventative maintenance and/or emergency repairs are being performed on the front line units and when special events/emergency staffing is necessary (i.e. hurricanes, spring breaks, Memorial Day, etc.). The two (2) new rescue vans will be placed as frontline units and the two (2) oldest units, presently serving as frontline units, shall be placed in reserve status. The new units have the same chassis as the ones being replaced to promote consistency in the fleet and standardize operations. This uniformity shortens maintenance time on the vehicles, and also reduces the need to maintain additional parts in inventory from different manufacturers. Following is a partial list of State of Florida municipalities and counties utilizing the FSA contract for the purchase of rescue equipment: • Alachua County Fire Rescue • Brevard County Fire Rescue • Charlotte County Fire Rescue • Davie Fire Rescue • Desoto County Fire Rescue • Fernandina Beach Fire Rescue and aft Commission Memorandum Request for Approval of Vehicles from FSA Contract Nos. 12-10-0905, 12-20-0905 & 11-10-1202 Page 4 of4 • Islamorada Fire Rescue • Indian River County Fire Rescue The Miami Beach Fire Department is currently only one of nine fire departments nationwide that hold both Class 1 rating from the National Insurance Office and International Accreditation from the Center for Public Safety Excellence. Achieving these ratings has lowered the cost of fire insurance premiums for the residents of Miami Beach. The purchase of the new equipment will allow the Fire Department to maintain the same number of vehicles in its fleet and continue its Class 1 and International Accreditation ratings. Since the FSA is not one of the agencies named in the City code as an agency from whose contracts piggyback purchases may be exercised, the City Attorney's Office has determined that approval of purchases from FSA contracts will require the waiver of competitive bidding requirements by a 5/7 1h vote. Accordingly, this is a request for the City Commission to approve utilizing the competitively awarded FSA Contracts 12-1 0-0905, 12-20-0905, and 11- 10-1202, for the purchase of those vehicles noted above. CONCLUSION Based on the analysis of the need for vehicles by the various City Departments, the due diligence of staff, and pricing available through competitively awarded contracts established by the State and the FSA, it is recommended that the Mayor and City Commission waive by 5/th vote, the formal competitive bidding requirement, finding such waiver to be in the best interest of the City, and approve the purchase of six (6) vehicles at a total cost of $635,409, from Florida Sheriffs Association Contract Numbers 12-10-0905 and 12-20-0905, and 11- 10-1202. JLM/MT/~A~JC T:IAGENDA\2013\June 5\Fieet • FSA Vehicle Purchase SUMM 2013-06-05.docx \1\le to fo of! ,/vho RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING THE PURCHASE OF TWO (2) FORD F-450 TRUCKS IN THE AMOUNT OF $77,056, FROM DUVAL FORD, FROM CONTRACT NO. 12-10-0905; ONE (1) FORD EXPEDITION XL SUV, IN THE AMOUNT OF $38,012, AND ONE (1) FORD F-250 TRUCK, IN THE AMOUNT OF $27,827, FROM DUVAL FORD, FROM CONTRACT NO. 12-20-0905; AND TWO (2) TRAUMAHAWK AMBULANCES FROM ETR, L.L.C., IN THE AMOUNT OF $492,514, FROM CONTRACT NO. 11-10-1202; THROUGH THE FLORIDA SHERIFFS ASSOCIATION. WHEREAS, upon approval of funds, the City has historically pursued the purchase of vehicles through competitively awarded contracts by the State of Florida (State) and the Florida Sheriffs Association (FSA); and WHEREAS, the State, through its Department of Management Services, competitively awards a comprehensive vehicle contract yearly to be used by all agencies and political subdivisions of the State; and WHEREAS, the FSA also competitively awards a vehicle contract yearly, based on the requirements of law enforcement agencies State-wide, for use by law enforcement and political subdivisions of the State; and WHEREAS, the City benefits from the expertise and staff resources of the State and the FSA and the leveraged buying power of public agencies in the State, resulting in cost-effective vehicle purchases; and WHEREAS, in some cases, the City has the opportunity to purchase a number of vehicles more cost effectively by utilizing the FSA contract versus utilizing the State contract; and WHEREAS, since the City Code does not explicitly allow for purchase from the FSA, approval of purchases from FSA Contract Nos. 12-10-0905, 12-20-0905, and 11-10-1202 for six (6) vehicles at a total cost of $635,409 will require the waiver of competitive bidding, by a 5/ih vote. 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 waive, by 5/7 1h vote, the competitive bidding requirement, finding such waiver to be in the best interest of the City, and approve the purchase of two (2) Ford F-450 trucks in the amount of $77,056, from Duval Ford, from Contract No. 12-10-0905; one (1) Ford Expedition XI SUV, in the amount of $38,012, and one (1) Ford F-250 truck, in the amount of $27,827, from Duval Ford, from Contract No. 12-20-0905; and two (2) Traumahawk Ambulances from Etr, L.L.C., in the amount of $492,514, from Contract No. 11-10-1202; through The Florida Sheriffs Association. PASSED AND ADOPTED this 5th day of June, 2013. ATTEST: Rafael Granado, City Clerk Date T:\AGENDA\2013\June 5\Fieet-FSA Vehicle Purchases RESO 2013-06-05 docx Matti Herrera Bower, Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: A resolution waiving by 5/7"' vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest, and authorizing the Mayor and City Clerk to execute an agreement with Cassidian Communications, Inc., for an initial term of two (2) years, with the option to renew for two (2} additional years, in the annual amount of $12,415. Key Intended Outcome Supported: Improve process through Information Technology. Supporting Data (Surveys, Environmental Scan, etc.): Item Summary/Recommendation: The City has been using a citizen notification system, formerly called Reverse 911 (R911) which was upgraded to the Communicator NXT product line (CNXT), since 2003. In 2003, R911 worked on a server that used 24 phone lines to deliver a customizable recorded message to the citizens of Miami Beach. The R911 system lets the user draw a boundary on a map of Miami Beach, record an audio message, and then send it to all the landline telephone numbers within the boundary drawn on the map. Since R911 was purchased, the system was used to deliver numerous emergency messages such as hurricane evacuation notices and mandatory boil water orders resulting from water main breaks. Delivering a one minute message citywide to the over 35,000 numbers in the AT&T database using 24 phone lines took multiple days. It was possible for an important message to become irrelevant before the system was done delivering it. To address this challenge, the R911 system was upgraded to the CNXT system. This upgrade allowed the CNXT system to be hosted by the vendor so that it now used thousands of phone lines, instead of the 24 it previously used, to deliver its phone calls. After the upgrade, delivering a citywide message to the over 35,000 numbers in the AT&T database took hours instead of days. The Police Department currently uses a module from the CNXT product line that allows them to launch call campaigns to telephone number lists that they have created and configured, based on function, for their different callout scenarios (SWAT, Command Staff, etc.). The Finance Department uses a module from the CNXT product line that allows them to load the list of telephone numbers of water utility accounts that are about to be disconnected in order to send out final notices before disconnection. The Finance Department has indicated that using the system has allowed them to increase their collections and has reduced the number of disconnect orders issued. The CNXT system also has a module that allows anyone interested in receiving notification calls to their cellphone, to register the number and click on a map to associate the number with a location so that audio messages relevant to that location are sent to their cellphone in addition to the call to the landline associated with the location. Financial Information: Source of Amount Account Funds: 1 $12,415 550-1750-000325 Information Technology 4i 2 • 3 1 Total $12,415 Financial Impact Summary: Cit Clerk's Office Le islative Trackin Gladys Gonzalez -5775 Sign-Offs: Department Dir GG T:\AGENDA\2013\Aprii17\CofT! MIAMI BEACH AGENDA ITEM _C_7_F __ DATE (,-'S-1..3 ~ 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 M mbers of he City Commission DATE: June 5, 2013 SUBJECT: A RESOLUTION OF THE MAYO ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, B A 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CASSIDIAN COMMUNICATIONS, INC., FOR AN INITIAL TERM OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL YEARS, IN THE ANNUAL AMOUNT OF $12,415. FUNDING $12,415 550-1750-000325 -Information Technology Department FY 12/13, funding for future years will be included in the future year budget requests. ADMINISTRATION RECOMMENDATION Approve the Resolution KEY INTENDED OUTCOME SUPPORTED Improve process through Information Technology. BACKGROUND The City has been using a citizen notification system, formerly called Reverse 911 (R911) which was upgraded to the Communicator NXT product line (CNXT), since 2003. In 2003, R911 worked on a server that used 24 phone lines to deliver a customizable recorded message to the citizens of Miami Beach. R911 used a database, purchased from AT&T, of all listed and unlisted numbers with geographic coordinates matched to their service address. The purchased database could only be used for this citizen notification system. The R911 system lets the user draw a boundary on a map of Miami Beach, record an audio message, and then send it to all the landline telephone numbers within the boundary drawn on the map. Since R911 was purchased, the system was used to deliver numerous emergency messages such as hurricane evacuation notices and mandatory boil water orders resulting from water main breaks. The system worked well, but one of the challenges it presented is that of delivering a citywide message in a timely manner. Delivering a one minute message citywide to the over 35,000 numbers in the AT&T database using 24 phone lines took multiple days. It was possible for an important message to become irrelevant before the system was done delivering it. To address this challenge, the R911 system was upgraded to the CNXT system. This upgrade allowed the CNXT system to be hosted by the vendor so that it now used thousands of phone lines, instead of the 24 it previously used, to Resolution Waiving Competitive Bidding for Cassidian Communications City Commission Meeting June 5, 2013 Page 2of2 deliver its phone calls. After the upgrade, delivering a citywide message to the over 35,000 numbers in the AT&T database took hours instead of days. Cassidian Communications is the inventor, owner, installer, trainer, and support provider of the R911 and CNXT product lines. CNXT is available for any department to use but is mainly used by the following departments at the city of Miami Beach: City Manager's Office, Police Department, Fire Department, and Public Works Department. CNXT's use is coordinated through the IT Department with City Manager approval required for each session launched. The Police Department currently uses a module from the CNXT product line that allows them to launch call campaigns to telephone number lists that they have created and configured, based on function, for their different callout scenarios (SWAT, Command Staff, etc.). The Finance Department uses a module from the CNXT product line that allows them to load the list of telephone numbers of water utility accounts that are about to be disconnected in order to send out final notices before disconnection. The Finance Department has indicated that using the system has allowed them to increase their collections and has reduced the number of disconnect orders issued. The CNXT system also has a module that allows anyone interested in receiving notification calls to their cellphone, to register the number and click on a map to associate the number with a location so that audio messages relevant to that location are sent to their cellphone in addition to the call to the landline associated with the location. CONCLUSION In order to ensure that the City Departments and the other City organizations are able to continue to use the citizen's notification system that has been configured and set up to function as required by the departments, the Administration recommends the Mayor and City Commission adopt this resolution waiving by 5/ih vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest. JLM/JMT/GG C:\DATA\Reverse 911 & cassidian\waiver of competitive bid\Cassidian Waiver of Comp Bid-memo.docx RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY A 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CASSIDIAN COMMUNICATIONS, INC., FOR AN INITIAL TERM OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL YEARS, IN THE ANNUAL AMOUNT OF $12,415. WHEREAS, the City has been using a citizen notification system, formerly called Reverse 911 (R911) which was upgraded to the Communicator NXT product line (CNXT), since 2003; and WHEREAS, the R911 system lets the user draw a boundary on a map of Miami Beach, record an audio message, and then send it to all the landline telephone numbers within the boundary drawn on the map; and WHEREAS, delivering a one minute message citywide to the over 35,000 numbers in the AT&T database using R911 took multiple days; and WHEREAS, to address this challenge, the R911 system was upgraded to the CNXT system; and WHEREAS, after the upgrade, delivering a citywide message to the over 35,000 numbers in the AT&T database took hours instead of days; and WHEREAS, Cassidian Communications is the inventor, owner, installer, trainer, and support provider of the R911 and CNXT product lines; and WHEREAS, the Police Department currently uses a module from the CNXT product line that allows them to launch call campaigns to telephone number lists that they have created and configured, based on function, for their different callout scenarios (SWAT, Command Staff, etc.); and WHEREAS, the Finance Department uses a module from the CNXT product line that allows them to load the list of telephone numbers of water utility accounts that are about to be disconnected in order to send out final notices before disconnection; and WHEREAS, the CNXT system also has a module that allows anyone interested in receiving notification calls to their cellphone, to register the number and click on a map to associate the number with a location so that audio messages relevant to that location are sent to their cell phone in addition to the call to the landline associated with the location. 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 waive, by a 5/7 1h vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest, and authorize the Mayor and City Clerk to execute an agreement with Cassidian Communications, Inc., for an initial term of two (2) years, with the option to renew for two (2) additional years, in the annual amount of $12,415. PASSED and ADOPTED this----day of June, 2013. ATTEST: RAFAEL GRANADO, CITY CLERK MATTI HERRERA BOWER MAYOR T:\AGENDA\2013\June 5\Cassidian Waiver of Comp Bid -reso docx THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: A resolution waiving by 5/7'" vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest, and authorizing the Mayor and City Clerk to execute an agreement with AT&T to add Centrex services to the AT&T Master Service Agreement for a term of three (3) years, in the annual amount of $183,000. Key Intended Outcome Supported: Improve process through Information Technology. Supporting Data (Surveys, Environmental Scan, etc.): Item Summary/Recommendation: AT&T currently provides local phone service and Wide Area Network (WAN) connectivity to City Departments via a Master Services Agreement (MSA) that allows the City to purchase services offered by ATT. The MSA is a means of partnering with the City to help manage our overall communication requirements and expenses. The City has been using Centrex (formerly ESSX) telephone line service from AT&T (formerly BeiiSouth) for over 25 years. Centrex is a type of phone line service providing switching at the central office instead of at the customer's premises. Centrex has built-in redundancy and 24-hour monitoring and maintenance. It uses the power of the AT&T state-of-the-art network to offer a customizable, feature-rich service. Centrex service is utilized by the City for alarm lines, elevator lines, individual extensions for incoming calls outside of the City's phone system, and as backup lines for our telephone system's remote shelves. AT&T owns and manages all the communications equipment and software necessary to implement the Centrex service and then sells Centrex services to customers. The City has over 300 AT&T Centrex lines in operation which are currently under month-to-month billing since the previous service agreement recently expired. AT&T has requested that the City sign a letter of Election renewing the Centrex Service Agreement for a 3 year term. Centrex services are operational at most City facilities and AT&T has provided the services in a satisfactory manner for over 25 years. In order to ensure that the City Departments are able to continue to use Centrex lines that have been configured and set up to function as required by the departments, the Administration recommends the Mayor and City Commission adopt this resolution waiving by 5/ih vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest. Account 550-1750-000316 Information Technology $183,000 Cit Clerk's Office Le islative Trackin Gladys Gonzalez -5775 City Manager GG \Apr!I17\Commission Summary-Waiver Comp Bid-Food Snacks-All departments 4-17-13.doc MIAMI BEACH AGENDA ITEM DATE m MIAMI BEACH ~ City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov TO: Mayor Matti Herrera Bower and M, FROM: Jimmy L. Morales, City Manager , +---c:::--t"'"Q DATE: June 5, 2013 SUBJECT: A RESOLUTION WAIVING, BY A 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH AT&T TO ADD CENTREX SERVICES TO THE AT&T MASTER SERVICE AGREEMENT FOR A TERM OF THREE (3) YEARS, IN THE ANNUAL AMOUNT OF $183,000. FUNDING $183,000 550-1750-000316-Information Technology Department FY 12/13, funding for future years will be included in the future year budget requests. ADMINISTRATION RECOMMENDATION Approve the Resolution KEY INTENDED OUTCOME SUPPORTED Improve process through Information Technology. BACKGROUND AT&T currently provides local phone service and Wide Area Network (WAN) connectivity to City Departments via a Master Services Agreement (MSA) that allows the City to purchase services offered by ATT. The MSA is a means of partnering with the City to help manage our overall communication requirements and expenses. The City has been using Centrex (formerly ESSX) telephone line service from AT&T (formerly BeiiSouth) for over 25 years. Centrex is a type of phone line service providing switching at the central office instead of at the customer's premises. Centrex has built-in redundancy and 24- hour monitoring and maintenance. It uses the power of the AT&T state-of-the-art network to offer a customizable, feature-rich service. Centrex service is utilized by the City for alarm lines, elevator lines, individual extensions for incoming calls outside of the City's phone system, and as backup lines for our telephone system's remote shelves. AT&T owns and manages all the communications equipment and software necessary to implement the Centrex service and then sells Centrex services to customers. The City has over 300 AT&T Centrex lines in operation which are currently under month-to- month billing since the previous service agreement recently expired. AT&T has requested that the City sign a Letter of Election renewing the Centrex Service Agreement for a 3 year term. Resolution Waiving Competitive Bidding for AT&T Centrex City Commission Meeting June 5, 2013 Page 2of2 Centrex services are operational at most City facilities and AT&T has provided the services in a satisfactory manner for over 25 years. CONCLUSION In order to ensure that the City Departments are able to continue to use Centrex lines that have been configured and set up to function as required by the departments, the Administration recommends the Mayor and City Commission adopt this resolution waiving by 5/ih vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest. JLM/JMT/GG T:\AGENDA\2013\June 5\AT&T Centrex Waiver of Comp Bid-memo.docx AT&T currently provides local phone and Wide Area Network (WAN) connectivity to City Departments a Master Services Agreement (MSA) allows the City to purchase services offered by and ,,_,.,._.......... the City from AT&T (formerly BeiiSouth) (formerly telephone vv.-1(;;;;1"'-(;;;;'"'.;JO. Centrex is a type phone line service switching at the central office instead of at the customer's premises; and Centrex service is utilized by the City lines, elevator n"'"'n" for incoming calls outside of the City's ... ..,,.,..,.,. <:!H<>TQI,., as backup lines system's and the City has over 300 AT&T lines in operation which are currently under month-to-month billing the previous agreement recently and requested that the City sign a Letter of Election renewing the for a 3 term; and : ...... , ...... v services are operational most City facilities AT&T has manner over 25 years. NOW, THE COMMISSION MIAMI that the Mayor City Commission hereby waive, by a 5/7 1h vote, the competitive bidding requirements, finding waiver to in the City's interest, authorize Mayor and City Clerk to an agreement with to add Centrex to the AT&T Master term of (3) years, in the annual amount of $183,000 .. this ____ day of June, 201 MATTI MAYOR GRANADO, CITY CLERK COMMISSION ITEM SUMMARY Condensed Title: A resolution of the Mayor and City Commission waiving by 5/7tn vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest, and authorizing the purchase of sports lighting systems from Musco Lighting for the purposes of standardization of the city wide athletic, sport courts and driving range lighting. Key Intended Outcome Supported: Increase satisfaction with recreational programs. Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey ndicates 85% of residents rated the City's Recreation programs as either excellent or good. Item Summary/Recommendation: The Parks and Recreation Department has installed Musco Lighting in all its renovated or upgraded athletic fields and sport courts. These presently include: Flamingo Park Baseball Field, Tennis Center and Pool, North Shore Park Baseball Fields and Tennis Center, Normandy Park Soccer Field, Tot-Lot and Basketball Courts, Fairway Park Soccer Field, Tennis and Basketball Courts, Tatum Park Basketball Courts, Crespi Park Basketball Courts, Stillwater Park Basketball Courts and, The Flamingo Park Football Field and Track reconstruction project. Based on the success, efficiency and continued dependability of Musco Lighting, in combination with the ever increasing requests for access to the City's recreational outdoor facilities are made by our residents, the City recognizes the value and benefits to standardizing its use of Musco Lighting for the remaining recreational facilities presently without sports lighting or in need of upgrading, repairs or retrofits in the future. At this time, these facilities include: Tatum Park Sand Volleyball Courts; Flamingo Park Softball, Soccer and Basketball Courts; The Miami Beach and Normandy Shores Golf Clubs Driving Ranges. The Parks and Recreation Department is recommending this waiver because of select features that are incorporated into the Musco product design which include but are not limited to their comprehensive 25 year warranty, the Smart lamp technology which provides timed power adjustments and guarantees light levels for 25 Years, controlled unwanted spill and glare into adjoining neighborhoods, remote monitoring via a two-way high-speed communication system that allows for constant monitoring of the control unit, schedules and switches, giving Musco the ability to detect any failures of the sports lighting system, such as blown light bulbs, power outages, etc., the ability to schedule field lighting via the internet, phone, fax, or email enabling the City to turn the lights on or off from anywhere and excellent customer service with their 24 hour call center with live staff to answer all calls has proven to be very helpful and efficient at all our other Musco lighted parks. Financial Information: Amount $90,751 $90,751 MIAMI BEACH Account F.Y. 2012-13 funded Capital Project #pkntatumub- Tatum Pk. Const. 2 Outdoor Sand Voile ball y Manager JLM AGENDA ITEM ___;C:...__i-=-JI __ DATE ~-$=-/3 ~ 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 Me DATE: June 5, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, W/ttJ VING, BY A 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST, AND AUTHORIZING THE PURCHASE OF SPORTS LIGHTING SYSTEMS FROM MUSCO LIGHTING FOR PURPOSES OF STANDARDIZATION OF THE CITYWIDE ATHLETIC FIELDS AND SPORT COURTS AND DRIVING RANGE LIGHTING. ADMINISTRATION RECOMMENDATION Approve the Resolution KEY INTENDED OUTCOME SUPPORTED Increase satisfaction with recreational programs. BACKGROUND The Parks and Recreation Department is charged with the goal of providing safe, educational and fun-filled programming for all ages, along with safekeeping and maintenance of athletic fields and playgrounds. Components of the recreational offerings include both indoor and outdoor sports activities which may require sports lighting. The listed lighted outdoor athletic fields, basketball courts and tennis courts are installed with Musco Lighting systems to include: Flamingo Park Baseball Field, Tennis Center and Pool, North Shore Park Baseball Fields and Tennis Center, Normandy Park Soccer Field, Tot-Lot and Basketball Courts, Fairway Park Soccer Field, Tennis and Basketball Courts, Tatum Park Basketball Courts, Crespi Park Basketball Courts, Stillwater Park Basketball Courts and, The Flamingo Park Football Field and Track reconstruction project presently initiating construction. Based on the success, efficiency and continued dependability of Musco Lighting, combined with the on-going requests for additional access to the City's recreational outdoor facilities made by our residents, the City recognizes the value and benefits of standardizing its use of Musco Lighting for the remaining recreational facilities presently without sports lighting or may be in need of upgrading, repairs or retrofits in the future. Resolution Waiving Competitive Bidding for Musco Lighting System City Commission Meeting June 5, 2013 Page 2 of 2 At this time, these facilities include: Tatum Park Sand Volleyball Courts; Flamingo Park Softball, Soccer and Basketball Courts; The Miami Beach and Normandy Shores Golf Clubs Driving Ranges. ANALYSIS As previously stated, the City currently uses Musco Sports Lighting at a majority of its parks, sports fields, pools and track. At the present time this includes a total of fourteen ( 14) locations. Due to the Musco warranty, service and ability to control light spillage to neighboring residential areas, the City continues to install and further recommends the continued use of Musco Lighting Systems in the future. For more than 25 years, Musco Lighting has specialized in sports-lighting world-wide. Venues using Musco Lighting include facilities such as the United States Open Tennis Stadium all the way to our local neighborhood basketball courts. The Light Structure Green Technology has been engineered into the system that making the Musco product energy efficient with fewer lamp fixtures needed to light a park area. The following select key features are incorporated into the Musco product design. Warranty For all new installations, Musco Lighting will provide a comprehensive 25 Year Parts and Labor Warranty. Constant Light Levels Musco will also guarantee the light levels on our fields and with their Smart lamp technology they system has the ability to provide timed power adjustments and guarantee light levels for 25 Years. Light Trespass & Unwanted Glare Musco light fixtures control unwanted spill and glare into adjoining neighborhoods. Musco's Control Link Musco's Remote Monitoring is a two-way high-speed communication system that allows for constant monitoring of the control unit, schedules and switches, giving the company the ability to detect any failures of the sports lighting system, such as blown light bulbs, power outages, etc ... Scheduling Features With the use of a pass code, scheduling field lighting via the internet, phone, fax, or email permits the City to turn the lights on or off from anywhere. Customer Support Our experience with their 24 hour call center with live staff to answer all calls has proven to be very helpful and efficient at all our other Musco lighted parks. CONCLUSION Based on the past experience, satisfaction, product quality and the ability to standardize to the benefit of the City, the Administration recommends that the Mayor and City Commission adopt this resolution. JLM/JMT/KS/JEM T:\AGENDA\2013\June 5\Commission Memo-Waiver Comp Bid-Musco.doc RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY A 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST, AND AUTHORIZING THE PURCHASE OF SPORTS LIGHTING SYSTEMS FROM MUSCO LIGHTING FOR PURPOSES OF STANDARDIZATION OF THE CITY'S ATHLETIC FIELDS, SPORT COURTS, AND DRIVING RANGE LIGHTING. WHEREAS, the Parks and Recreation Department is charged with the goal of providing safe, educational, and fun-filled programming for all ages; and WHEREAS, the City's recreational offerings include both indoor and outdoor sports activities; and WHEREAS, currently, the following lighted outdoor athletic fields, basketball courts and tennis courts in the City are powered with Musco Lighting: Flamingo Park Baseball Field, Tennis Center, and Pool, North Shore Park Baseball Fields and Tennis Center, Normandy Park Soccer Field and Basketball Courts, Fairway Park Soccer Field, Tennis, and Basketball Courts, Tatum Park Basketball Courts, Crespi Park Basketball Courts, Stillwater Park Basketball Courts and, in addition, outdoor lighting will be installed at the football field and track reconstruction at Flamingo Park which is presently initiating construction; and WHEREAS, since 1976, Musco Lighting has focused on the design and manufacture of sports-lighting systems and, for many years, has provided quality, energy efficient, and reliable lighting systems for a variety of City sports facilities; and WHEREAS, due to benefits that result from the standardization of lighting systems for sports facilities in the City, it would be in the City's best interest to utilize Musco Lighting for the City's remaining fields and courts, including repair and retrofits in the future, which may include: Tatum Park Sand Volleyball Courts, Flamingo Park Softball, Soccer and Basketball Courts, and The Miami Beach and Normandy Shores Golf Club Driving Ranges. 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 waive, by a 5/ih vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest, and authorizing the purchase of sports lighting systems from Musco Lighting for purposes of standardization of the City's athletic fields, sport courts, and driving range lighting. PASSED and ADOPTED this ____ day of June, 2013. ATTEST: RAFAEL GRANADO, CITY CLERK T:IAGENDA\2013\June 5\Reso.-Waiver of Competitive Bid-Musco Light.doc COMMISSION ITEM SUMMARY Condensed Title: A resolution of the Mayor and City Commission of the City of Miami Beach, waiving by a 5/?th vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest, the purchase of airfares, hotels, meals, local transportation, and other related program expenses including the purchase of prepared foods and related products utilized by City of Miami Beach Parks and Recreation Department athletics, sports, out of town travel and in-house local events and programs. Key Intended Outcome Supported: Increase satisfaction with recreational programs. Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey ndicates 85% of residents rated the City's Recreation programs as either excellent or good. Item Summary/Recommendation: The Parks and Recreation Department is charged with the goal of providing safe, educational and fun-filled programming for all ages to include After School, Summer Day Camps and Specialty Camps, Athletics, Special Events, Senior Programming and Special Populations. As part of the Athletic and other year-round programs, the Recreation Division has historically participated in various competitive travel youth sport leagues and competitions. A portion of the funding for team travel is included in the Department's General Fund budget. Additionally, the balance of the funds for these trips may come from a number of sources such as sponsorships, parents' support, car washes, garage sales, bake sales, and various other efforts. Also, as part of the Recreation Division's continued service delivery to its participants and residents, the Division hosts various in-house events, banquets and activities that feature prepared food, food products and related program expenses. These may include events for our special needs participants, banquets for our athletic teams and other City sponsored events for the residents and park patrons. In order to continue to provide the recreation services such as athletic competitions, Teen Club, seniors and special populations trips and other related activities requiring the expenditure of funds for travel, in-house events and banquets, the Administration recommends the attached resolution be approved waiving by a 5/?th vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest, the purchase of airfares, hotels, meals, local transportation program expenses and the purchase of prepared foods and related expenses utilized by the City of Miami Beach Parks and Recreation Department athletics, sports, out of town travel and in-house local events and program expenses for a period of three (3) years, on a year basis, contingent upon City Commission approval of the Department's related budget allocation(s), fund raising efforts, sponsorships, receipt of donations, grants and other funding sources. Financial Information: Amount Account 1 $10,000 2 $50,000 3 Total $60,000 City Manager City Man T JLM T:\AGENDA\2013\June ommission Summary-Waiver of Camp Bids for Travel and In-House Expenses.doc MIAMI BEACH AGENDA ITEM _C_'l_..;.I __ DATE G,-S'-(.3 ~ 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 Me FROM: Jimmy L. Morales, City Manager DATE: June 5, 2013 SUBJECT: A RESOLUTION OF THE MAY R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY A 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST, AND AUTHORIZING THE PURCHASE OF AIRFARES, HOTELS, MEALS, LOCAL TRANSPORTATION, PROGRAM EXPENSES AND ANY ASSOCIATED LEAGUE AND TOURNAMENT FEES AND THE PURCHASE OF PREPARED FOODS AND RELATED PRODUCTS, TO BE UTILIZED BY THE CITY OF MIAMI BEACH PARKS AND RECREATION DEPARTMENT'S PARTICIPANTS IN PROGRAMS AND ACTIVITIES INCLUDING, BUT NOT LIMITED TO, ATHLETICS, SPORTS, OUT OF TOWN TRAVEL AND IN-HOUSE LOCAL EVENTS AND PROGRAMS; SAID WAIVER SHALL BE AUTHORIZED FOR A PERIOD OF THREE (3) YEARS, ON A YEAR TO YEAR BASIS, CONTINGENT UPON CITY COMMISSION APPROVAL OF THE DEPARTMENT'S RELATED BUDGET ALLOCATION(S), THE DEPARTMENT'S FUND RAISING EFFORTS AND RECEIPT OF SPONSORSHIPS, DONATIONS, GRANTS AND OTHER FUNDING SOURCES. FUNDING: $50,000 011.0950.000.353-Parks and Recreation Department $10,000 011.0950.000.343-Parks and Recreation Department ADMINISTRATION RECOMMENDATION Approve the Resolution KEY INTENDED OUTCOME SUPPORTED Increase satisfaction with recreational programs. BACKGROUND The Parks and Recreation Department is charged with the goal of providing safe, educational and fun-filled programming for all ages. The Recreation Division's core budget programming components include: -After School -Summer Day Camps and Specialty Camps -Athletics -Special Events -Senior Programming -Special Populations Resolution Waiving Competitive Bidding for Parks and Recreation Travel City Commission Meeting June 5, 2013 Page 2of2 As part of the Athletic and other year-round programs, the Recreation Division has historically participated in various competitive travel youth sport leagues and competitions. The City of Miami Beach has in the past or currently has various competitive teams, including, but not limited to: -The Miami Beach Cheerleading's X-treme Team, Levels I and II, -The Miami Beach Youth Soccer Teams ages U8-U16, -The "Unique Starz" Competitive Dance Team, -Traveling Baseball, -Traveling Basketball. A portion of the funding for team travel is included in the Department's General Fund budget. Additionally, the balance of the funds for these trips may come from a number of sources such as sponsorships, parents' support, car washes, garage sales, bake sales, and various other efforts. The teams and programs participants frequently assist by fundraising in order to help cover the travel costs to various competitions, leagues and games throughout the year. These raised funds are then deposited into the City of Miami Beach account with further credit to the Recreation Division's General Ledger Account, Donations and Contributions (011.0950.000.353). The Recreation Division then charges against the deposits to pay for the various fees incurred for the program. As an example, in 2013, the Miami Beach Unique Starz Dance Team competed in three local competitions and one out of State competition in Buena Park, California. Portions of these trips were funded by the OJDP Grant (Dept. of Justice Teen Grant) as well as the team's fundraising efforts. Additionally, the Parks and Recreation also has other programs such as the Miami Beach Teen Club and the Senior Scenes Program that may travel locally, within the State and out-of-State for educational and recreational outings. Also, as part of the Recreation Division's continued service delivery to its participants and residents, the Division hosts various in-house events, banquets and activities that feature prepared food, food products and related program expenses. These may include events for our special needs participants, banquets for our athletic teams and other City sponsored events for the residents and park patrons. The department plans to continue its practice for all travel and in-house event expenditures by obtaining three competitive quotes for airfare/transportation, hotel accommodations for all travel expenses, local events and banquets, and processing all required documentation in compliance with the City's established budgetary, procurement and administrative procedures to ensure compliance. CONCLUSION In order to continue to provide the recreation services such as athletic competitions, Teen Club, seniors and special populations trips and other related activities requiring the expenditure of funds for travel, in-house events and banquets, the Administration recommends the attached resolution be approved waiving by a 5/7th vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest, for the purchase of airfares, hotels, meals, local transportation program expenses and the purchase of prepared foods and related expenses utilized by the City of Miami Beach Parks and Recreation Department athletics, sports, out of town travel and in-house local events and program expenses for a period of three (3) years, on a year basis, contingent upon City Commission approval of the Department's related budget allocation(s), fund raising efforts, sponsorships, receipt of donations, grants and other funding sources. JLMIJMT/KS/JEM T:\AGENDA\2013\June 5\Commission Memo-Waiver Como Bid-Youth Travel and in-house events.doc RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY A 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST, AND AUTHORIZING THE PURCHASE OF AIRFARES, HOTELS, MEALS, LOCAL TRANSPORTATION, PROGRAM EXPENSES AND ANY ASSOCIATED LEAGUE AND TOURNAMENT FEES AND THE PURCHASE OF PREPARED FOODS AND RELATED PRODUCTS, TO BE UTILIZED BY THE CITY OF MIAMI BEACH PARKS AND RECREATION DEPARTMENT'S PARTICIPANTS IN PROGRAMS AND ACTIVITIES INCLUDING, BUT NOT LIMITED TO, ATHLETICS, SPORTS, OUT OF TOWN TRAVEL AND IN-HOUSE LOCAL EVENTS AND PROGRAMS; SAID WAIVER SHALL BE AUTHORIZED FOR A PERIOD OF THREE (3) YEARS, ON A YEAR TO YEAR BASIS, CONTINGENT UPON CITY COMMISSION APPROVAL OF THE DEPARTMENT'S RELATED BUDGET ALLOCATION(S), THE DEPARTMENT'S FUND RAISING EFFORTS AND RECEIPT OF SPONSORSHIPS, DONATIONS, GRANTS, AND OTHER FUNDING SOURCES. WHEREAS, the Parks and Recreation Department ("Department") is charged with the goal of providing safe, educational, and fun-filled programming for all ages; and WHEREAS, the Recreation Division's core budgeted programming components include: -After School Summer Day Camps and Specialty Camps -Athletics Special Events Senior Programming -Special Populations; and WHEREAS, as part of the Athletic and other year-round programs, the Recreation Division has historically participated in various competitive youth sport leagues and competitions which have included travel; and WHEREAS, the City of Miami Beach has various competitive teams, including, but not limited to: The Miami Beach Cheerleading's X-treme Team, Levels I and II, The Miami Beach Youth Soccer Teams ages U8-U16, The "Unique Starz" Competitive Dance Team, Traveling Baseball, Traveling Basketball; and WHEREAS, the teams and programs are asked to fund raise in order to help cover the program's travel costs to various competitions, leagues, and games throughout the year and some of this funding is included in the Department's General Fund budget, although a majority of the funds for these trips come from sponsorships, parents' support, car washes, garage sales, bake sales, and various other efforts; and WHEREAS, the Department also has other programs such as the Miami Beach Teen Club and the Senior Scenes Program that may also travel locally, within the State, and out-of- State for educational and recreational outings; and WHEREAS, the Department plans to continue its normal practice for all travel expenses by obtaining three competitive quotes for airfare/transportation and hotel accommodations for all travel expenses; and WHEREAS, as part of the Recreation Division's continued service to its participants and residents, the Division hosts various in-house events, banquets, and activities that feature prepared food, food products, and related program expenses; and, WHEREAS, these events may include, but are not limited to, events for our special needs participants, banquets for our athletic teams, and other City sponsored events for residents and park patrons; and WHEREAS, the Department purchases the prepared food, food products, and related supplies for the Division hosted in-house events, banquets, and activities; and WHEREAS, the Department plans to continue its practice for all travel and in-house event expenditures by obtaining three competitive quotes for airfare/transportation, hotel accommodations for all travel expenses, local events and banquets, and processing all required documentation in compliance with the City's established budgetary, procurement, and administrative procedures to ensure compliance; and WHEREAS, the Administration recommends that the City Commission approve waiving, by a 5/?th vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest, for the purchase of airfares, hotels, meals, local transportation program expenses, and the purchase of prepared foods and related expenses utilized by the City of Miami Beach Parks and Recreation Department athletics, sports, out-of-town travel, and in- house local events and program expenses for a period of three (3) years, on a year-to-year basis, contingent upon City Commission approval of the Department's related budget allocation{s), fund raising efforts, sponsorships, receipt of donations, grants, and other funding sources. 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 of the City of Miami Beach, Florida, hereby waive by a 5/ih vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest, for the purchase of airfares, hotels, meals, local transportation program expenses, and the purchase of prepared foods and related expenses utilized by the City of Miami Beach Parks and Recreation Department athletics, sports, out-of-town travel, and in-house local events and program expenses for a period of three (3) years, on a year-to-year basis, contingent upon City Commission approval of the Department's related budget allocation(s), fund raising efforts, sponsorships, receipt of donations, grants, and other funding sources. PASSED and ADOPTED this ____ day of June, 2013. ATTEST: MATTI HERRERA BOWER MAYOR APPROVEDASTO RAFAEL GRANADO, CITY CLERK ,o'/,J'' ,,,,,,'' # T:\AGENDA\2013\June 5\Reso -Waiver of Competitive Bid-Travel out of tow_r{and ' -hou ! i L~ FORM & LANGUAGE & FOR -!;UTlON d2Z)1s "t'(' Date THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving The City's Exercise Of A One (1) Year Renewal Term Under The City's Current Contracts For Disaster Recovery Services With The Following Firms: Ashbritt, Inc., Ceres Environmental Services, Inc., Phillips And Jordan, Inc., And Crowdergulf Joint Ventures, Inc. (With Such Renewal Term Commencing Retroactively On February 1, 2013, And Ending On January 31, 2014). Key Intended Outcome Supported: N/A Supporting Data (Surveys, Environmental Scan, etc: I Item Summary/Recommendation: In the event of an emergency, such as a hurricane, the City lacks sufficient resources to undertake debris recovery operations. While assistance is available from the County, State and Federal governments, it is not sufficient to restore a community that has suffered a catastrophic disaster. Also, the resources of the various governments are spread thin over the affected areas, necessitating contracted private sector assistance. The City currently has contracts with the following four (4) companies for the provision of these services: Ashbritt, Inc., Ceres Environmental Services, Inc., Phillips and Jordan, Inc., and Crowdergulf Joint Ventures, Inc. The initial term of these contracts were effective through January 31, 2011, with three (3) additional one-year options for renewal. These contracts were renewed through January 31, 2013. On February 8, 2012, the Mayor and City Commission approved the issuance of a Request for Proposals (RFP) for Disaster Recovery Services to select qualified contractors to assist the City with the restoration of operations after a catastrophic disaster. On June 6, 2012, the Commission approved Resolution No. 2012-27917, authorizing the Administration to enter into negotiations with the top ranked firms of Ceres Environmental services, Inc., Ashbritt, Inc, Tag Grinding Services, Inc., Byrd Brothers Environmental Services, Inc., D&J enterprises, Inc., and Phillips and Jordan, Inc., and further authorized the Mayor and City Clerk to execute agreements upon conclusion of successful negotiations by the Administration, and further approved the City's exercise of a one (1) year renewal term under the City's current contracts for disaster recovery services with the following firms: Ashbritt, Inc., Ceres Environmental Services, Inc., Phillips And Jordan, Inc., And Crowdergulf Joint Ventures, Inc. (such renewal term commenced retroactively on February 1, 2012, and ended on January 31,2013). Negotiations have not been completed, therefore, in order to ensure that there will be no service interruption, the Administration recommends that the City Commission approved a second one (1) year renewal option under the City's contracts. Therefore, the City could keep these contracts and the services in place during the negotiations of the new contracts. Once the new contracts are successfully negotiated and executed, the existing contracts could be terminated for convenience. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION Advisory Board Recommendation: ! N/A Financial Information· . Source of Amount Funds: H OBP Total Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: Raul Aguila, ext: 6475 ment Director MtAMIBEACH Account er AGENDA ITEM DATE 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 FROM: Jimmy L. Morales, City Manager DATE: June 5, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE CITY'S EXERCISE OF A ONE (1) YEAR RENEWAL TERM UNDER THE CITY'S CURRENT CONTRACTS FOR DISASTER RECOVERY SERVICES WITH THE FOLLOWING FIRMS: ASHBRITT, INC.; CERES ENVIRONMENTAL SERVICES, INC.; PHILLIPS AND JORDAN, INC.; AND CROWDERGULF JOINT VENTURES, INC. (WITH SUCH RENEWAL TERM COMMENCING RETROACTIVELY ON FEBRUARY 1, 2013, AND ENDING ON JANUARY 31, 2014). ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS In the event of an emergency, such as a hurricane, the City would lack sufficient resources to undertake debris recovery operations. While assistance is available from the County, State and Federal governments, it is not sufficient to restore a community that has suffered a catastrophic disaster. Also, the resources of the various governments are spread thin over the affected areas, necessitating contracted private sector assistance. It is in the City's best interest to enter into agreements with firms that have the capability and flexibility to provide disaster recovery services in the event of a declared emergency that is of the magnitude to utilize said professional services. The Federal Emergency Management Agency (FEMA) provides public assistance funds for debris clearance and removal and disposal operations. Eligible applicants include State and local governments. On August 28, 2005, FEMA determined that the damage in certain areas of the State of Florida resulting from Hurricane Katrina which occurred on August 24, 2005, and with Hurricane Wilma shortly after, were sufficient in severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S. C. §§ 5121- 5206 (the Stafford Act). Commission Memorandum -Disaster Recovery Services June 5, 2013 Page 2 of2 The City currently has contracts with the following four (4) companies for the provision of these services: Ashbritt, Inc., Ceres Environmental Services, Inc., Phillips And Jordan, Inc., And Crowdergulf Joint Ventures, Inc .. The initial term of these contracts were effective through January 31, 2011, with three (3) additional one-year options for renewal. These contracts were renewed through January 31, 2013. On February 8, 2012, the Mayor and City Commission approved the issuance of a Request for Proposals (RFP) for Disaster Recovery Services to select qualified contractors to assist the City with the restoration of operations after a catastrophic disaster. On June 6, 2012, the Commission approved Resolution No. 2012-27917, authorizing the Administration to enter into negotiations with the top ranked firms of Ceres Environmental services, Inc., Ashbritt, Inc, Tag Grinding Services, Inc., Byrd Brothers Environmental Services, Inc., D&J enterprises, Inc., and Phillips and Jordan, Inc., and further authorized the Mayor and City Clerk to execute agreements upon conclusion of successful negotiations by the Administration, and further approved the City's exercise of a one (1) year renewal term under the City's current contracts for disaster recovery services with the following firms: Ash britt, Inc., Ceres Environmental Services, Inc., Phillips And Jordan, Inc., And Crowdergulf Joint Ventures, Inc. (such renewal term commenced retroactively on February 1, 2012, and ended on January 31, 2013). Negotiations have not been completed, therefore, in order to ensure that there will be no service interruption, the Administration recommends that the City Commission approved a second one (1) year renewal option under the City's contracts with the following firms: Ashbritt, Inc., Ceres Environmental Services, Inc., Phillips And Jordan, Inc., And Crowdergulf Joint Ventures, Inc. Therefore, the City could keep these contracts and the services in place during the negotiations of the new contracts. Once the new contracts are successfully negotiated and executed, the existing contracts could be terminated for convenience. CONCLUSION The Administration recommends that the Mayor and City Commission approve the City's exercise of a one (1) year renewal term under the City's current contracts for disaster recovery services with the following firms: Ashbritt, Inc., Ceres Environmental Services, Inc., Phillips And Jordan, Inc., And Crowdergulf Joint Ventures, Inc. (with such renewal term commencing retroactively on February 1, 2013, and ending on January 31, 2014). JLM\MT\ffc\JJF T:\AGENDA\2013\June 5\Disaster Recovery Services -Memo.doc RESOLUTION TO BE SUBMITTED COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting A Donation From Aim co, Owner Of The Flamingo South Beach, Of Two (2) Park Benches And Landscaping At The Street End Of 141h Street. Key Intended Outcome Supported: Maintain Miami Beach public areas & rights of way citywide Supporting Data (Surveys, Environmental Scan, etc.): The Customer Satisfaction Survey indicated that 64% of residents and 68% of businesses rated the level of code enforcement and ordinances as excellent or Qood. Item Summary/Recommendation: Aimco owns the Flamingo South Beach Apartments on Bay Road, immediately adjacent to the dead end of 141h Street. This street end has been improved with the creation of a landscaped area with plantings and walkways which lead to Biscayne Bay. This area will provide public access to the Baywalk. Aimco will soon be opening a stretch of Baywalk abutting the Flamingo South Beach Apartments which includes a new walkway, landscaping, lighting and glass walls. Aimco representatives approached the City recently to request acceptance of the donation of two (2) park benches and landscaping. The existing benches are aged and in need of replacement. Such donation includes the installation of donated benches and the disposal of the existing ones. Should the placement of the benches be different from the present location, approval will be needed by the Department of Public Works. In conjunction with the donation, Aimco has also pledged to help beautify the area by performing some landscape plantings. It should be noted that this area will see some construction associated with the Alton Road construction project and the installation of a pump station. The acceptance of a proposal which would place a pump station at this location has not been finalized by the Florida Department of Transportation and the exact location of the station and associated construction is not known at this time. However, any construction will require the temporary removal and subsequent reinstallation of any of these items as well as the full restoration of the area to its original condition. THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION. Board Recommendation: Financial Information: Source of Funds: 1 Amount Assista MIAMI BEACH Account AGEN OA ITEM --=C.::;_1..:....J<~­ DATE V'S-13 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 M City Commission DATE: June 5, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A DONATION FROM AIMCO, OWNER OF THE FLAMINGO SOUTH BEACH, OF TWO (2) PARK BENCHES AND LANDSCAPING AT THE STREET END OF 14TH STREET. ADMINISTRATION RECOMMENDATION Adopt the resolution. BACKGROUND Aim co owns the Flamingo South Beach Apartments on Bay Road, immediately adjacent to the dead end of 141h Street. This street end has been improved with the creation of a landscaped area with plantings and walkways which lead to Biscayne Bay. This area will provide public access to the Baywalk. Aimee will soon be opening a stretch of Baywalk abutting the Flamingo South Beach Apartments which includes a new walkway, landscaping, lighting and glass walls. ANALYSIS Aim co representatives approached the City recently to request acceptance of the donation of two (2) park benches and landscaping. The existing benches are aged and in need of replacement. Such donation includes the installation of donated benches and the disposal of the existing ones. Should the placement of the benches be different from the present location, approval will be needed by the Department of Public Works. In conjunction with the donation, Aimee has also pledged to help beautify the area by adding some landscape plantings. It should be noted that this area will see some construction associated with the Alton Road construction project and the installation of a pump station. The acceptance of a proposal which would place a pump station at this location has not been finalized by the Florida Department of Transportation and the exact location of the station and associated construction is not known at this time. However, any construction will require the temporary removal and subsequent reinstallation of any of these items as well as the full restoration of the area to its original condition. AIMCO Donation June 5, 2013 Page 2 of2 CONCLUSION The Administration recommends the adoption ofthe attached Resolution authorizing the acceptance of the donation from Aimco made to the City of two (2) park benches and landscaping at the street end of 141h Street. T:\AGENDA\2013\June 5\AIMCO donation memo.doc Mr. Jimmy Morales City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Dear Mr. Morales: FLRmtnoo SOUTH SEACH We are writing to propose a volunteer project to enhance the street end at 14thand Bay Streets. This city property is immediately adjacent to the Flamingo South Beach Apartments, which we own. As you may know, Aimco will soon open a stretch of the Baywalk fronting the Flamingo to the public. This portion of the Baywalk, approximately 1/3 of a mile in length, provides major improvements to the area including a new walk way, landscaping, lighting and glass walls. It will be an important amenity to the public and the City of Miami Beach. We would like to further our commitment to the City by improving the 14th Street city parcel next to the Flamingo too. Through our philanthropic organization, Aimco Cares, we have completed similar projects in cities throughout the country. We will be coordinating the timing of the project with the City to ensure that it fits with other neighborhood projects. For Phase 1 of this project, we would like to offer two concrete benches to replace two rotting wooden benches which we would remove. We would also like to replace the existing waste receptacles with new trash cans. For Phase 2 we would like to offer a team of volunteer Almco employees to help beautify the area by picking up trash, power washing the sidewalks, installing a dog waste bag dispenser and planting new landscaping along the Baywalk. The estimated value of these concrete benches is $500. Trash cans and plantings would likely be less than $3,000. We will work with Lynn Bernstein in your office to coordinate the various departments, facilitate the installation of the donated materials and organize the work effort. We hope you will favorably consider this project. We believe it will enhance the neighborhood, the city's vision of the Baywalk and the approach to the Flamingo as well. Please contact me at 303-691-4499 or patti.shwayder@almco.com if you have questions or ne~ m re information, I ncer Yt Shwayder ior Vice President Government Relations and Communications Aim co RESOLUTION NO. ----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A DONATION FROM AIMCO, OWNER OF THE FLAMINGO SOUTH BEACH, OF TWO (2) PARK BENCHES AND LANDSCAPING AT THE STREET END OF 14TH STREET. WHEREAS, Aimco owns the Flamingo South Beach Apartments on Bay Road immediately adjacent to the street end of 14th Street; and WHEREAS, this area provides public access to the Baywalk; and WHEREAS, Aimco will soon be opening a stretch of Baywalk abutting the Flamingo South Beach Apartments, which includes a new walkway, landscaping, lighting and glass walls; and WHEREAS, Aimco representatives recently approached the City to request acceptance of the donation of two (2) park benches and landscape at the street end of 14th Street; and WHEREAS, Such donation includes the installation of donated benches and the disposal of the existing ones; the location of the benches will need to be approved by Public Works to ensure compliance with standards. 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 a donation from Aimco, owner of the Flamingo South Beach, of two (2) park benches and landscaping at the street end of 14th Street. PASSED AND ADOPTED this 5th day of June, 2013. ATTEST: Rafael Granado, City Clerk T:\AGENDA\2013\June 5\AIMCO donation-RESO.doc Matti Herrera Bower, Mayor APPROVED AS TO FORM & LANGUAGE & FO~ EXECUTION THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving An Amendment To The Flamingo Neighborhood Basis Of Design Report As Requested By The Flamingo Park Neighborhood Association For 1 0-Foot Wide Travel Lanes In The Local Avenues, 6-Foot Wide Sidewalks, And For A Cycle Track On 16th Street. Ke Intended Outcome Supported: Supporting Data (Surveys, Environmental Scan, etc.): Item Summary/Recommendation: On July 18, 2001, the City Commission approved Resolution 2001-24506 authorizing the execution of a professional services agreement with EDAW, a consulting firm that specializes in urban planning, to prepare a Basis of Design Report (BOOR) for the Flamingo Lummus Neighborhood. EDAW and City staff undertook a professional and comprehensive planning effort to identify and describe needed capital improvements for the Flamingo Lummus Neighborhood in the BOOR. The BOOR included cross-sections for north/south avenues that did not significantly reduce the existing lane widths and a proposed plan for Euclid Avenue that included 12-foot travel lanes, parallel parking lanes, 7.5-foot planting areas with shade trees, and 5-foot sidewalks. At its July 10, 2002 meeting, the City Commission approved Resolution 2002-24925, adopting the Flamingo/Lummus BOOR. After the approval of the Flamingo/Lummus BOOR, the City Commission, on October 6, 2006, approved Resolution No. 2006-26399, authorizing a professional services agreement with the RMPK Group, which is now the IBI Group, for the preparation of the Atlantic Greenway Network (AGN) Master Plan Project. At its October 17, 2007 meeting, the City Commission adopted the AGN which included bicycle lanes on Euclid Avenue and 16th Street. The Flamingo BOOR and the AGN conflicted on Euclid Avenue. When the City moved forward with the Flamingo 1 OF project (bound by y'h Street, Washington Avenue, 1oth Street, and Meridian Avenue), the Flamingo Park Neighborhood Association (FPNA) objected to the bicycle lanes on Euclid Avenue as it would have required a reduction in the 7.5-foot wide planting areas that were part of the BOOR. In exchange for support of the project and the bicycle lanes on Euclid Avenue at a Historic Preservation Board meeting on August 10, 2010, the FPNA requested that all avenues designated as local have 10- foot travel lanes and that all sidewalks be a minimum of 6 feet in width. The Historic Preservation Board, per File No. 7192 and File No. 7232, approved the Flamingo 1 OF project, including the 1 0-foot wide travel lanes in the local avenues, 6-foot wide sidewalks, and bicycle lanes on Euclid Avenue, at its August 10, 2010 and April 12, 2011 meetings, respectively. The Flamingo 1 OF project was then constructed per these criteria. In addition to the travel lane and sidewalk widths, the FPNA conducted a series of meetings to develop a preferred cross-section for 16th Street. These meetings culminated in a charette held on Saturday, October 13, 2012. At that charette, a number of cross-sections were presented and discussed. Those in attendance voted on their favorite cross-sections. The most popular alternative cross section featured cycle tracks on 16th Street. Subsequently, the FPNA proposed that the cycle tracks replace the existing bicycle lanes on 16th Street when the Cit~ moves forward with its 16th Street Operational Improvements project. It is important to note that 16 Street is designated as a collector roadway in the federal functional classification system, therefore, the travel lanes should be a minimum of eleven (11) foot wide. THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION Advisory Board Recommendation: Financial Information· Source of Amount Funds: 1 OBPI Total City Clerk's Office Legislative Tracking: MIAMI BEACH Account Approved AGENDA ITEM --:-C---:?:::-L--=- DATE __,G~--~_-_1.::..3_ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: Mayor Matti Herrera Bower and embers of FROM: DATE: SUBJECT: June 5, 2013 A RESOLUTION OF THE MAY R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE FLAMINGO NEIGHBORHOOD BASIS OF DESIGN REPORT AS REQUESTED BY THE FLAMINGO PARK NEIGHBORHOOD ASSOCIATION FOR 10-FOOT WIDE TRAVEL LANES IN THE LOCAL AVENUES, 6-FOOT WIDE SIDEWALKS, AND FOR A CYCLE TRACK ON 16TH STREET. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND On July 18, 2001, the City Commission approved Resolution 2001-24506 authorizing the execution of a professional services agreement with EDAW, a consulting firm that specializes in urban planning, to prepare a Basis of Design Report (BOOR) for the Flamingo Lummus Neighborhood. EDAW and City staff undertook a professional and comprehensive planning effort to identify and describe needed capital improvements for the Flamingo Lummus Neighborhood in the BOOR. The BOOR included cross-sections for north/south avenues that did not significantly reduce the existing lane widths and a proposed plan for Euclid Avenue that included 12-foot travel lanes, parallel parking lanes, 7 .5-foot planting areas with shade trees, and 5-foot sidewalks. At its July 10, 2002 meeting, the City Commission approved Resolution 2002-24925, adopting the Flamingo/Lummus BOOR. After the approval of the Flamingo/Lummus BOOR, the City Commission, on October 6, 2006, approved Resolution No. 2006-26399, authorizing a professional services agreement with the RMPK Group, which is now the IBI Group, for the preparation of the Atlantic Greenway Network (AGN) Master Plan Project. At its October 17, 2007 meetin~, the City Commission adopted the AGN which included bicycle lanes on Euclid Avenue and 161 Street. The Flamingo BOOR and the AGN conflicted on Euclid Avenue. When the City moved forward with the Flamingo 1 OF project (bound by 71h Street, Washington Avenue, 1 01h Street, and Meridian Avenue), the Flamingo Park Neighborhood Association (FPNA) objected to the bicycle lanes on Euclid Avenue as it would have required a reduction in the 7.5-foot wide planting areas Flamingo Neighborhood-Amendment to the BOOR June 5, 2013 Page 2 of 2 that were part of the BOOR. In exchange for support of the project and the bicycle lanes on Euclid Avenue at a Historic Preservation Board meeting on August 10, 2010, the FPNA requested that all avenues designated as local have 1 0-foot travel lanes and that all sidewalks be a minimum of 6 feet in width. The Historic Preservation Board, per File No. 7192 and File No. 7232, approved the Flamingo 1 OF project, including the 1 0-foot wide travel lanes in the local avenues, 6-foot wide sidewalks, and bicycle lanes on Euclid Avenue, at its August 10, 2010 and April 12, 2011 meetings, respectively. The Flamingo 1 OF project was then constructed per these criteria. In addition to the travel lane and sidewalk widths, the FPNA conducted a series of meetings to develop a preferred cross-section for 16th Street. These meetings culminated in a charette held on Saturday, October 13, 2012. At that charette, a number of cross-sections were presented and discussed. Those in attendance voted on their favorite cross-sections. The most popular alternative cross section featured cycle tracks on 16th Street. Subsequently, the FPNA proposed that the cycle tracks replace the existing bicycle lanes on 16th Street when the City moves forward with its 16th Street Operational Improvements project. It is important to note that 16th Street is designated as a collector roadway in the federal functional classification system, therefore, the travel lanes should be a minimum of eleven ( 11) foot wide. ANALYSIS Since the development of the Flamingo BOOR and the AGN Master Plan, the Flamingo neighborhood has evolved. The FPNA is dedicated to making this neighborhood the most pedestrian friendly in Florida. The reduction in travel lane width and increase in minimum sidewalk width will help achieve that goal. There has also been additional research on alternative types of bicycle facilities such as cycle tracks wherein bicyclists are separated from vehicular traffic. Cycle tracks are particularly suited for corridors in which there are few driveways and cross-streets which create potentially unsafe conflicts. Staff has evaluated the cycle track cross-section for 16th Street and believes that it is a more appropriate bicycle facility than the bicycle lanes in this instance. CONCLUSION: The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the modifications to the BOOR. g1 MT tE:Tc1JJ F /RWS T:\AGENDA\2013\June 5\Fiamingo Neighborhood BODRAmendment-memo.docx RESOLUTION NO. 2013-__ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE FLAMINGO NEIGHBORHOOD BASIS OF DESIGN REPORT AS REQUESTED BY THE FLAMINGO PARK NEIGHBORHOOD ASSOCIATION FOR 10-FOOT WIDE TRAVEL LANES IN THE LOCAL AVENUES, 6-FOOT WIDE SIDEWALKS, AND FOR A CYCLE TRACK ON 16TH STREET. WHEREAS, the City issued General Obligation Bonds, Stormwater Revenue Bonds, and Water and Wastewater Revenue Bonds to provide funding for a number of needed capital projects to be constructed in various areas of the City to upgrade and improve the infrastructure for the purpose of providing better service to residents and visitors; and WHEREAS, EDAW and City staff undertook a professional and comprehensive planning effort to identify and describe needed capital improvements for the Flamingo Lummus Neighborhood in the Basis of Design Report (BOOR); and WHEREAS, the BOOR included cross-sections for north south avenues that did not significantly reduce the existing lane widths and a proposed plan for Euclid Avenue that included 12-foot travel lanes, parallel parking lanes, 7 .5-foot planting areas with shade trees, and 5-foot sidewalks; and WHEREAS, at its July 10, 2002 meeting, the City Commission adopted the BOOR; and WHEREAS, the City developed a series of bicycle/pedestrian/greenway projects to be known as the Atlantic Greenway Network (AGN); and WHEREAS, the AGN is made up of two main trail systems: the Beach Corridors, which extend in a general northbound/southbound direction, running between the Erosion Control Line and the dune system; and the Neighborhood Trails, which extend in a general east-west, as well as north-south, direction through the South, Middle, and North Beach Neighborhoods; and WHEREAS, the AGN Master Plan encourages and promotes pedestrian and bicycle rider safety, and improve mobility throughout the City of Miami Beach; and WHEREAS, at its October 17, 2007 meeting, the City Commission adopted the AGN including a bicycle paths on Euclid Avenue and 161h Street; and WHEREAS, the Flamingo Park Neighborhood Association objected to the Euclid Avenue bicycle lanes as they would have required a reduction in the 7.5-foot wide planting areas; and WHEREAS, the Flamingo Park Neighborhood Association, in exchange for supporting the bicycle lanes on Euclid Avenue, requested that all avenues designated as local have 1 0-foot travel lanes and that all sidewalks be a minimum of 6 feet in width; and WHEREAS, 1 0-foot wide travel lanes in the local avenues, 6-foot wide sidewalks, and bicycle lanes on Euclid Avenue were included in the design of the Flamingo 1 OF project located between th Street, Washington Avenue, 1 01h Street, and Meridian Avenue; and WHEREAS, the Historic Preservation Board, in File No. 7192 and File No. 7232, approved the Flamingo 1 OF project, including the 1 0-foot wide travel lanes in the local avenues, 6-foot wide sidewalks, and bicycle lanes on Euclid Avenue, at its August 10, 2010 and April 12, 2011 meetings, respectively; and WHEREAS, the Flamingo Park Neighborhood Association conducted a design charette on October 13, 2012, to discuss the proposed 16th Street cross-section and recommended that the City convert the existing bicycle lanes to cycle tracks when the 16th Street Operational Improvements project begins; and WHEREAS, City staff believe that cycle tracks are an more appropriate than bicycle lanes on 16th Street. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby approve an amendment to the Flamingo Neighborhood Basis of Design Report as requested by the Flamingo Park Neighborhood Association for 1 0-foot wide travel lanes in the local avenues, 6-foot wide sidewalks, and for a cycle track on 16th street. PASSED AND ADOPTED this 5th day of June, 2013. ATTEST: Matti Herrera Bower, Mayor Rafael Granado, City Clerk T:\AGENDA\2013\June 5\Fiamingo Neighborhood BOOR Amendment-reso.docx APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Date THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting Two Easements From Dorothy Riggs, John Riggs, William Riggs, And BMO Harris Bank (Publix) At 6876 Collins Avenue: 1) A Utility Easement Located At The South End Of The Property For The Construction, Installation, Maintenance, Repair, And Replacement Of City Utilities And 2) A Non-Exclusive Pedestrian Easement On The North Side Of The Property Parallel To The South Side Of 69 1 h Street From Collins Avenue To Harding Avenue For Pedestrian Access. Key Intended Outcome Supported: Maintain the City's infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): The Customer Satisfaction Survey indicated that 60% of residents rated utility pipes in good condition Item Summary/Recommendation: During the design process associated with the construction of the Publix at 6876 Collins Avenue, the City identified the need for two easements. One easement is for a water main on the south side of the property. The second easement is for pedestrian access on the north side of the property. The utility easement will allow the City to maintain the water main infrastructure necessary to provide uninterrupted delivery of safe drinking water to residents. To configure the streetscape, harmonize with future right-of-way improvements and to promote public safety (by providing more distance from vehicular traffic) a non-exclusive easement is also needed for a public sidewalk, to convey pedestrian traffic. The City has obtained approval of both easements from Dorothy Riggs, John Riggs, William Riggs, and BMO Harris Bank (Publix), owners of the property located at 6876 Collins Avenue, for the construction, maintenance, repair, and replacement of water mains and sidewalk. The infrastructure has been installed as part of and at the expense of the Publix development. However, maintenance, repair, and replacement costs of the infrastructure contained in the water main easement will be the responsibility of the City in the future. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION Advisory Board Recommendation: In/a Financial Information: Source of Funds: 1 OBPI Total Amount Clerk's Office Le islative Trackin Department Director Assistant ETC MT Sign-Offs: T:\AGENDA\2013\June 5\Publix at 6876 Collins Avenue Easement Summary.doc MIAMI BEACH Account AGENDA ITEM c. 7 M DATE (,-~-13 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMI SION MEMORANDUM TO: Mayor Matti Herrera Bower and FROM: Jimmy Morales, City Manager DATE: June 5, 2013 SUBJECT: A RESOLUTION OF THE MA OR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AC EPTING TWO EASEMENTS FROM DOROTHY RIGGS, JOHN RIGGS, WILLIAM RIGGS, AND BMO HARRIS BANK (PUBLIX) AT 6876 COLLINS AVENUE: 1) A UTILITY EASEMENT LOCATED AT THE SOUTH END OF THE PROPERTY FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, AND REPLACEMENT OF CITY UTILITIES AND 2) A NON-EXCLUSIVE PEDESTRIAN EASEMENT ON THE NORTH SIDE OF THE PROPERTY PARALLEL TO THE SOUTH SIDE OF 69TH STREET FROM COLLINS AVENUE TO HARDING AVENUE FOR PEDESTRIAN ACCESS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND During the design process associated with the construction of the Publix at 6876 Collins Avenue, the City identified the need for two easements. One easement is for a water main on the south side of the property. The second easement is for pedestrian access on the north side of the property. The utility easement will allow the City to maintain the water main infrastructure necessary to provide uninterrupted delivery of safe drinking water to residents. The area of the new easement is 5,084 square feet as described in the agreement between Publix and the City (Attachment A) and as shown on the sketch (Attachment B), located at the south end of the property. To configure the streetscape, harmonize with future right-of-way improvements and to promote public safety (by providing more distance from vehicular traffic), a non-exclusive easement is necessary for a public sidewalk, to convey pedestrian traffic. The area of the new easement is 916 square feet as described in the agreement between Publix and the City (Attachment C) and as shown on the sketch (Attachment D), located on the north side of the property, parallel to the south side of 69 1h Street. City Commission Memorandum-Publix at 6876 Collins Avenue Easement June 5, 2013 Page 2 of2 ANALYSIS The City has obtained approval of the utility easement from Dorothy Riggs, John Riggs, William Riggs, and BMO Harris Bank (Publix), owners of the property located at 6876 Collins Avenue, for the maintenance, repair, and replacement of water mains and appurtenances. The easement is approximately 5,084 square feet, and described as a portion of Lots 13 and 22, Block 6 of the amended Plat of Second Ocean Front Subdivision. The Plat thereof, is recorded in Plat Book 28, Page 28, of the public records of Miami-Dade County Florida (Attachments A and B). The City has also obtained approval of the non-exclusive pedestrian easement from Dorothy Riggs, John Riggs, William Riggs, and BMO Harris Bank (Publix), the owners of the property at 6876 Collins Avenue, for the maintenance, repair, and replacement of the sidewalk. The easement is described as a portion of Lots 1 and 12, Block C of the corrected plat of Atlantic Heights, according to the plat thereof, as recorded in Plat Book 9, Page 14, of the public records of Miami-Dade County Florida, containing 916 square feet (Attachment C and D). The infrastructure has been installed as part of and at the expense of the Publix development. However, maintenance, repair, and replacement costs of the infrastructure contained in the water main easement will be the responsibility of the City in the future. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the resolution. Attachment: A. Utility Easement Agreement B. Utility Easement Sketch and Legal Description C. Non-Exclusive Pedestrian Easement Agreement D. Non-Exclusive Pedestrian Easement Sketch and Legal Description MT/ETC/JJF/RWS/DS/DEF T:\AGENDA\2013\June 5\Publix at 6876 Collins Avenue Easement Memo.docx ......... I•~•c•A•m•en•t•-•i ......... This instrument prepared by (and after recording return Heather Rae Trkovsky Pt!BUX SUPER MARKETS, INC. Post Office Box 407 Lakeland, Florida 33802-0407 For Recorder's Use Onlv GRANT OF PERl1 ETUAL \¥ ATER MAIN EASEMENT THIS WATER MAIN EASEMENT ("Easement'') is made this __ day of ______ _ 2013, by and between COLLINS A VENUE, LLC, a Florida limited liability company; JOHN RIGGS and BMO HARRIS BANK N.A., as Co-Trustees of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of John Riggs; DOROTHY RIGGS and BMO HARRIS BANK N.A., as Co- Trustees ofthe Priscilla W. Riggs Trust, dated December 1 1991, the benefit of Dorothy Riggs; and WILLIAM RIGGS and BMO HARRIS BANK N.A., as Co-Tmstees of the Priscilla W. Riggs Tmst, dated December 16, 1991, for the benefit of WiHiam Riggs (collectively, "Grantor"); and the CITY OF MIAMJ BEACH, a Florida municipal corporation (the A. Grantor is the fee simple owner certain real property located in the of Miami Beach, Miami-Dade County, Florida (the "Publix Property"). B. Grantor has agreed to grant to the City a non-exclusive easement over certain portion the Prope1iy specifically described on Exhibit "A", attached hereto and by this reference incorporated herein (the "Easement Area"), upon the terms and conditions set forth herein. In consideration of the foregoing facts, covenants, conditions and contained and for other good and consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto as follows: l. Grant of Easement. Subject to in consideration of the terms and conditions set forth in this Easement, Grantor hereby grants and conveys to the City a perpetual non-exclusive easement across the to construct, install, inspect, operate and maintain a water main and all appurtenant facilities thereto (collectively the Improvements"), with right to reconstruct, improve, v•u•"""·"' remove all or any of facilities within the Easement Area, with the full right ingress thereto and egress therefrom on the express condition that it is used for the express purposes provided herein. Any use the Easement Area than in strict accordance with the terms and conditions of this '-"""''"'<'-'·'"'"'" without the prior written consent Grantor is prohibited and shall constitute an over- burdening of the easement. 2. Construction of Easement Improvements; Repair of Easement Area. The City shall perform any and construction, and repair of any Easement Improvements located in the Easement at its sole expense, in a good and workmanlike manner and full compliance with all rules, regulations, permitting requirements, laws and ordinances of all governmental and quasi-governmental authorities having jurisdiction. Upon completion of the Easement Improvements, and after any repair, maintenance or replacement thereof~ the City shall promptly: (i) remove all construction debris and equipment; (ii) fill and compact all excavations; and (iii) grade and restore the "-""'"'"''·'-'"''u Area to the same condition as existed prior to commencement of such work. Page 1 3. Relocation of Easement Area. Grantor shall have the right to relocate the Easement and the Easement Improvements upon written notice to the provided, any such relocation of the and Easement Improvements shall not frustrate the purpose of the Easement, or result in any interruption in use of the Improvements, and Grantor shall bear the obligation and expense relocating the Easement Improvements. Upon such relocation Grantor City to execute record an amendment to this Easement setting forth new location. 4. No Public Grant. Nothing in this Easement shall be deemed to be a or dedication of any area public use, other than as specifically set forth herein. Except as speciflcally provided herein, all rights, '"'"':,...,u, ... L''"' and interests herein created are private do not constitute a grant for public use or beneHt. 5. Indemnity. Following fonnal acceptance of this instrument the Miami Beach City Commission, and to the extent permitted by and subject to the limitations of Section 768.28, Florida Statutes, City shall indemnify and hold harmless the Grantor all and against all claims, judgments, and all loss, damage, costs or including attorneys' fees and court costs from City's or agents' or subcontractors' acts or omissions, in any way com1ected with the installation, location, repair, maintenance, use or replacement of Easement Improvements. indemnification shall any cancellation of this Easement. 6. Liens. Pursuant to Section 713.10, Florida Statutes, Grantor's fee simple interest in the Easement Area shall not be subject to The City shall timely pay all contractors for all work conducted by or on behalf of the City on the Easement Area and keep Easement Area clear any or materialmen's liens out of any work performed on the Easement Area by or on behalf of If any construction or materialmen's is filed against the Easement Area as a result services performed for or materials furnished to the the City shall cause lien to released and discharged of record within thirty (30) days of receipt of notice of such lien, either by paying the indebtedness which gave to such lien or by posting bond or other security as shall be required by law to obtain such and discharge. Additionally, the City shall indemnify, defend, and hold harmless Grantor any liability, damage, costs, or expenses (including attorney's fees actually incurred and court costs) on account of oflien. 7. Title. the easement granted hereunder shaH be extinguished for any reason, whether by agreement the or by operation of law, Grantor and the City agree to cooperate in preparing and recording an appropriate instrument extinguishment of the easement. 8. Liability of Grantor. Grantor shall not be liable Improvements, or liable for any consequential damages to operation of the water main or damage resulting from the regardless of the cause or causes of such loss or damage. any loss or damage to any Easement parties as a result of the grant hereof, the failure any Easement Improvements, 9. Reservation of Rights. Grantor hereby reserves to itself, its tenants, invitees, licensees, employees, successors and assigns the right to use Easement Area for lawful purpose, including but not limited to use of the Easement Area as improved driveway and parking areas, or the location of utilities; provided any such use does not frustrate purpose of this Easement. 10. Binding Effect. The terms and provisions this Easement shall binding upon and inme to the benefit of Grantor and the City and each of their respective successors or H. No Transfer of Fee Simple Title. This Easement shall never be construed as a conveyance, any manner whatsoever, of fee simple title to any ofthe Easement it being intended by the Page 2 12. Miscellaneous. m ventures or render either uses out this '-"'"'')"'"'"''--' costs return is directed at the addresses set forth may "'u'-'""~"' gtven sent: lf by nmil to Grantor to: 755 Beachland Boulevard ~--""''""''"' Bat1k. Drive 1 Page 3 partners or Dorothy Riggs c/o BMO Private Bank 777 South Flagler Drive Suite 140E West Palm Beach, FL 33401 Attn: Eileen Minnick William Riggs c/o BMO Private Bank 777 South Flagler Drive Suite 140E West Palm Beach, FL 33401 Attn: Eileen Minnick BMO Harris Bank N.A., as Co-Trustee ofthe Priscilla W. Riggs Trust,dated December 16, 1991, for the benefit John Riggs, as Co-Trustee of the Priscilla W. Riggs Trust, dated December 1 1991, for the benefit of Dorothy Riggs, and as Co-Trustee of the Priscilla W. Riggs Trust, dated December 16, 1991, for benefit William Riggs c/o BMO Bank 111 West Monroe Street, 16W Chicago, IL 60603 Attn: Anthony G. Pappalardo President, Trust Real Estate With a copy to: Publix Super Markets, Inc. P.O. Box407 Lakeland, Florida 33802-0407 Attn.: Vice President Real Estate If by overnight courier to Publix: Publix Super Markets, Inc. 3300 Publix Corporate Parkway Lakeland, Florida 33811 Attn: Vice President Real Estate Page 4 With copy to: John A. Attaway, Jr. General Counsel and Secretary Publix Super Markets, Inc. P.O. Box 407 Lakeland, Florida 802-0407 If by mail or overnight courier to the City: City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, FL 33139 Attn: ofPublic Works (f) This Easement shall be recorded in the public and any documentary stamp taxes payable hereon shall be paid by the Dade County. Recording City. (g) Headings and similar structural elements set forth in this Easement are intended for ease of reference only, and are not intended, will not be construed, to reflect the intention ofthe parties or to affect the substance of this Easement. This has been negotiated at mm's length between Grantor and the City, each having an opportunity to negotiate the form and substance Therefore, in construing the provisions of this Easement, the parties will be deemed to have had equal roles in drafting; and the rule of strict construction shall not apply to this Easement (h) This sets fmih the entire understanding between Grantor and the and not be changed, modified or amended, except by an instrument in writing executed by the party against whom the of such change, modification or amendment is sought. Whenever used, the singular number includes the plural and the plural is singular, and the use of any gender includes all genders. (i) City hereby each represent and wammt to the other the following: a. That they have the full power and to execute and deliver this Easement and to perfonn its obligations hereunder. b. That its respective legal entity is validly under Florida law good standing and its status is active. c. That this Easement constitutes a valid and legally binding obligation enforceable under laws of Florida. d. 'fhe execution, delivery and perfom1ance of this Easement will not violate, conflict with, or constitute any default under any law, govemment regulation any agreement or instrument binding upon {Signatures begin on the following page.} 5 WITNESS written above. to on the Signed presence COLLINS A VENUE, LLC, a Florida limited liability company By:~~~--~~~ -"-'~;__;:~-=~:;_;;_;:;;;__-!.._~!-:'U::.......;.Sn!'A!..Name: W. Andrew White Its: President The foregoing instrument was acknowledged before me this ~ day of b · 20 Jl_, by W. Andrew White, the President of Collins Avenue, LLC, a Florida limited liability company. Such person (check one) is personally known to me or has produced a valid driver's license as identification. My commission e (Notary Seal) 6 MARIANNE HUDGINS Notary Public-State of Flur,:: } My Cornm Expires Jul i4. ' ; Commission# EE 1 i24Ei. t Signed, and delivered in the presence of: JOHN Rl ("'!"'! me ~ ..... .L day W. Riggs 'T'rust, dated is personally continue on Pag~ jti1- the Priscilla 1 KARlA CARROLL Notary Public · Notary Seal ST::.TE OF MISSOURI ~}I Louis City My con1m1SSIOn Expires Jan. 25, 2016 Commission # 12296503 Signed, sealed and delivered in the presence of: Print The foregoing instrument was acknowledged before me this if~ day , by Dorothy Riggs, as Co-Trustee of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of Doro · . Such person (check one) is personally known to me or has ~d a valid identification. My commission expires: 'L.-""U>·-l s; (Notary Seal) CHI11SIIAN KIM Commission It 1926327 Notary Public • California San Luis Obispo County M Cornrn Expires Feb 20, 2015 {Signatures continue on the following page.) Signed, sealed and delivered in the presence of: ( STATE OF COUNTY OF ------ WILLIAM RIGGS, as Co- Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of William Riggs The foregoing instrument was acknowledged before me this __ day of , 20_, by William Riggs, as Co·-Trustee of the Priscilla W. Riggs Trust, dated December 1991, for the benefit of William Riggs. Such person (check one) is personally known to me or has produced a valid driver's license as identification. PLEASE ATTACHED --- k,r RJ\0 (Z -M t fi!A j\) D T/A-~ Pu e t--1 L 0~( IJ-{ dt!i3 CALIFORNiA Notary Public, State and County Aforesaid Printed Name:----------- My commission expires: -------- (Notary Seal) {Signatures continue on the following page.} 9 CALIFORNIA ALI..~PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 personally appeared ':;:*1-'#'of.,~-lk,~'\<V~~"~'-**Y'*"&~~.,rv~v~..._.,,.;l':+~"'h~~'"'"''\'V' ... "',.,Vf<">~<'\,.'-':,.'};, :: KIRAN B. MISRA :; " COMM. #1904245 ~ NOTARY PUBLIC • CALIFORNIA !ij SAN DIEGO COUNTY 't mission Expires Oct 14, 2014 !: ~~"''J!'\~~,...., .. ..,.,...,--,.~~~·9''•~~~'~**"'*~'"""' ... i\."":i'-¥.'*i<*,P.,_,'f!,_.g,.,~~"'·l ... *:o:'f!,,J%~ .. ,'k.,;*.,»,.~ who proved to me on the basis of satisfactory evidence to be the person(t) whose name($') is/~ subscribed to the within instrument and acknowledged to me that he/sRo,'tl"l®y executed the same in his/~r authorized capacity~, and that by his/~ signature~ on the instrument the person~), or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: ,p:::::~~~~~.'"~~"-~~~-~~-~~ OPTIONAL----------------------- rhaugh the information below is not required and could prevent fraudulent Description of Attached Document Title or Other Than Named Above: 1JAiULUriEiJL2~A~:D~ AJi:l.a!:::1~Ljj~&i.A!t!.t)}J~:: Capacity(ies) Claimed by Signer(s) Signer's Name: --~~~~,,~~-~~,~-~,~, CJ Officer ,, [J Individual [J Partner -~ [J Limited II in Fact L,J Trustee [J Guardian or Conservator Officer- [] Individual 0 Partner ~ [] Limited [] unr>rn<"' in Fact []Trustee [' Guardian or Conservator Easement OFFICIAL SEAL LOUISE TRAIL Notary Public -State of Illinois My Commission Expires Aug 3, 2016 Riggs BMO Harris Bank N.A. executes instnnnem not personally, but as Co-Trustee as afimo:said and is not liable in its any whabuover, by Any recourse under instmmem rrust and any assets thereof. on execution ofthis instrument only hJ be held against the aforesaid OFFICIAL SEAL LOUISE TRAIL Notary Public -State of illinois My Commission EMpires Aug 3, 2016 Easement-~ RMO Harri> Bank N A, executes this insirumem not personally, m Co-Trustee as aforesaid and is not liabk in \Va.y, whatsoever~ by reason of its execution vf this ittstrmn~nt, Any recourse under this instrument is only to be held the aforesaid Trust Estate a11d (.my assets ther(!of on OFFICIAL SEAl LOUISE TRAIL Notary Public -State of Illinois My Commission Expires Aug 3, 2016 APPROVED APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION BMO HARRIS BANK N.A., as Priscilla Riggs ~V~H<~''' 1 1, BMO Harris Bank N.A. executes this instrument not personally, but solely in as Co-Trustee as aforesaid and is not liable in its individllal in any way, whatsotever, by reason of its execution of this instmment. t,ny recoursG nnder rnis instrciment is only to be held against the aJ(Jresaid Trust Estate and any assets thereof. McLAUGHLIN ENGINEERING COMPANY LB#285 ENGINEERING * SURVEYING * PLA T17NG * LAND PLANNING 400 NE 3rd AVENUE FORT FLORIDA SCALE 1" = 60' SKETCH AND DESCRIPTION WATER LINE EASEMENT PUBLIX COLLINS Co.mn7&~·r:ftl·o at ffm Southeas:l :-t:Jn the £est Nne .z,"J! sold lot 13. u of f:fe,?kJ<.?Ii'1·a: West, distance of /.Jii':04 76'3····7615 Wc·st o distance of !1/. 09 feet; them::e of 78 thence sofd 22, o 8iJ:J(/(}fJ~" !!est. a a'lstaru;o o! JO. 00 leetr Wit's!, o distance of 15.00 teet; thence South Fosf; o SKETCH SITE LAYOUT NOT TO SCALE disiooce of 8EW/3 feet; !hence Seoih 0179'!54" W:ast, a dfs:tam:e ot !2.58 feet,· lheru:e South 813':30'013'" East, on the South !!ne of L&ts .22 ond iS, a diskmce of i!tl 00 teet: !hence North East, a dkfom::e of 12.5!3 fee{; lhi:UifJO South Eas:i, a distance ol 2!k 04 feet.: thetu::s ~vorth £oaf:. a tilstaNce of f!!Uill f&&i; thence Sauth 78'08'4.8" Fast, a distance 1fU18 feet; fhonco N&r(h fJ':...?£1 *11! ... £osf~ c dfstarrce of S.(J(J lace thence South 78"08'48" fosl, disftJnC!l? of $3.05 faol tv tha Point Begitmh1g. of Mfornl Beach square lOt')'f or --+--PO!lvT OF LOT 23 COMMENCEMENT FlELD BOO!( NO. JOB Oi?DER NO. SE CORNER, LOT 13 CertitTed Correct. Doted ol McLAUCHLiN E/1/Gif/Etl?!NC COMPANr' CANL ALBt?EKTSEN Rog/stered L ond State of Exhibit A ........ ~--~~ ..... Attachment-B SCAL£ 1" = 60' McLAUGHLIN £NGJN£ERJNG COMPANY LB#2B5 ENCINCCRING • Sf.lkVE'rfNC • PI.A n/NC • lAND .P!.ANN/1/C 400 N.t:. Jul A~&/Vt: f'OIIT /.AI/Ot:!Ul~Lf!. f'UJI?I()A J.JJOI PHqt/f' (95#) 76J-7611 ' fA.X (!I!U) ;t(;.J-7615 \ SKETCH AND DESCR/P TION WATER LIN£ EASEMENT PUBLIX COLLINS Legal OeSC!1ptlan A patil~• c-f !cit /J md :?:!. /Jioak fl, AM!:tlf)fi} PU. T OF SoCONI) OC£;.11 FRONT S!i81)1wt$10N, 11C<:Wd!n9 to liM p/d/ /hvscf, ao """~ 11'1 Pial IJ~ 28, Pd<}>t 211. cii.M pllf¥/k rrx:wd;g "' MJami-OoriD Coo!ity, Flotldo, m!>'ll fully <lot<:rlb«< a,-fr>ilows: THIS SKETCH CommtJIIcing of II>• SwiMosl comor of said lot 13; lh11nce Nor/h 00'00'00' £aGI, en lh• £ost line of saki iol J.J, a dl•lonco of U.OiJ fe•t to lh• Point of Beginning; i.hfN!Ctl Cot!linuinl] Notlh oovo·oo· E:ast, on sald ~asllirle, o dlslon¥tJ or 15.J.:1 ffn:tt,· th~m~~ North 78'08'48• West, o dis/Me• of 87.04 f••l; tllonct~ South 47:27'4!1" W8sl, a dlslcmc• <>f /$.0$ fo~l.' (htmt:6 Ncrth !J$::JO'()Ii" *""t a dl$/an~fl of 158.10 f4fl; /hoo~ Scvlb 02'2S'tH• Wf'•t "" t.~. W"sl line of saM l.o I 22, fJ dhlrmc• cl IS.()() !Qcf; th<~~C~ Siwlh 88'30'06" oasl, ~ ditd<NM<t uf J{).()() (IJ(#~' fhvi'ICI SIXll/1 0/ '2?'54' Wast, 11 disl«nce of 5.00 foot; lhoncq Soui!J 8/J'JO'Ofi" £ast. o di•lrmM of 88.08 f••~· lh~nc;< South 01 '2!J'S4" W•sl, a distrmco of 12.58 fesl; /hone• South li<J";}O'O$" f'a&l, on lh• South lino of ooid Lois: 7.2. and 13, a dlslonco of 20.00 ·r.et; lhMCB North 01'29'54• ~;.-a>f, o dtstonco ol 12.S8 f•<il; lh1>11Ct1 SoiJih 88'JO'otr E:osl, g t!lMet!C# of 29.04 f,;qt· lh<mc~ Nivlh 47"27'4tr lrw~ a dis/once of 16.91 lui; {heM~ S®lh l'8'0!J'4$" (0$' If dfstfNioYJ of lt5.1J8 f•el; /"""""' .'/()1'/h II~IW12" fiu,<f, o <l~iu/01::<' ~~ S.IXJ k¢1: lh<Ma" Sat.-llr 78'08'48• !est, ll l!istl:mc« of o.J.D$ (dill lo fho Point of Beginning. Sl T£' LA YOUT NOT TO SCALE Sold tomt:: shvcl~. l)'lltq onii belnfl '" the Clly of Mioml Booah, Ml<lml-0<:<111 C()fJfi/Y, Florirlo, <Jnd con !alnlng 5084 sqvur• foe/ or IJ./1$7 lt!:N$ !TI(;I'ot ¢r l~u. 1JJ/t!J~u~~~- CONSTRVC'f_ON 7/!d/12 LOT 21 B l 0 C K/< 6 U;r 14 WA IE'? UN~ E'ASEMENT I ~ ~ _(5.084 so. F.T)_ -t!~ ' LOT 22 ~ 1) 'fNi ~:~tm t<~:h.ur, M H-l..,...,l.t ~d' ~J:t-w'-~.:-; o _..,"" ........ """"'-' -" ,.<(.;, n.. <M>J><il--lj ~Mt l!b.lll-l-$lWI l$"';@>Ui .. ~ttl"fffM~lM:I-W """'('"'*'"""'' "'""""'"" ~-., .... .,., 17-:v btoi-..,...,-.~by lhi..,;,lh t..,.,..., .:.. ,V Ait 4ifi:'O~!I .M ~.w~ '\Jii141~-., ~ ._..,l~ >l)l!'t ~ IIIWW)'Iilt'..t :#-.:/. t} Tll.'ffiii')I'A -•M>t"Y. -') IJwhp ¥111m ~Ute tut ~~ Jll ~ /f;fKit $, ••"'-"' WW<Ia'fnt fl£llJ BOOK NO. ---------- JOIJ ORDf:R NO. _;;;,U-...,15::;.:9c:.l.:...l......,_,.,...,._,.,---,-.,..-.,.- e,;. \JMMf/2012/Uo911(WA TEJ?) Rff. flit:: 11-.J-059 -<'---POINT OF COMMENCEMENT SE CORNER, LOT 13 CERTIFICA liON Certified Correct. Doled al Fori LaudtJrdale, Florida lhis fJih day of August, 2012. Mc/.AUCHUN fNC!NURJNC COI.IPANY (bL/td~ CA'i?'L C. lllBRO(r.Jt:N Reglslored Land SurWJyo~ No. 4185 Slato af Fforld<J. DRAWN BY: .....;.M...,M....;j":-...-------- CII<CKEO BY: ...;);QA..;.... ________ _ This instrument prepared by and return to: Heather Rae Trkovsky, Esq. Publix Super Markets, Inc. P.O. Box 407 Lakeland, Florida 33802-0407 ·--· GRANT OF PERPETUAL PEDESTRIAN ACCESS EASEMENT AND MAINTENANCE AGREEMENT THIS GRANT OF PERPETUAL PEDESTRIAN ACCESS EASEMENT AND MAINTENANCE AGREEMENT (the "Easement") is made this __ day of , 2013, by and between COLLINS AVENUE, LLC, a Florida limited liability company; JOHN RIGGS and BMO HARRIS BANK N.A., as Co-Trustees of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of John Riggs; DOROTHY RIGGS and BMO HARRIS BANK N.A., as Co-Trustees of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of Dorothy Riggs; and WILLIAM RIGGS and BMO HARRIS BANK N.A., as Co-Trustees of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of William Riggs (collectively, "Grantor"); and THE CITY OF MIAMI BEACH, a Florida municipal corporation (the "City" or "Grantee"). RECITALS: WHEREAS, Grantor is the fee simple owner of certain real property located in the County of Miami Dade County, Florida; and WHEREAS, Grantor has agreed to grant to the City a non-exclusive, pedestrian access easement (the "Easement Area") over, and across, a portion of Grantor's property as such portion is more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein, and shown as the hash marked area on Exhibit "B" attached hereto and by this reference incorporated herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the City and Grantor agree as follows: 1. Recitals. The parties acknowledge that the foregoing recitals are true and correct and hereby incorporated into this Easement as if fully set forth herein. 2. Pedestrian Access Easement. Grantor does hereby grant and convey to the City and its successors and assigns, a perpetual, non-exclusive, above-ground easement in, over, upon and across the Easement Area for the sole purpose of public pedestrian access over the Easement Area. The Easement Area shall not create exclusive rights to use the Easement Area, and the undersigned reserves all other rights not inconsistent with this Easement. 3. Public Access. Grantor expressly acknowledges and agrees that the general public shall have the right to use the Easement Area for pedestrian access only and for no other purpose. Notwithstanding the foregoing, this Easement shall not be a dedication of the Easement Area to the public. Page 1 4. Maintenance of Easement Areas. Grantor shall construct and maintain in good repair the sidewalk improvements within the Easement Area at its sole cost and expense. 5. Indemnification. By acceptance of this instrument, and to the extent permitted by and subject to the limitations of Section 768.28, Florida Statutes, the Grantee shall indemnify and hold harmless the Grantor from all and against all suits, claims, judgments, and all loss, damage, costs or charges including attorney's fees and court costs arising from Grantee's use of the sidewalk improvements within the Easement Area as a public right of way, subject to the Grantor's satisfying its obligation to properly construct and maintain in good repair the sidewalk improvements in the Easement Area, and except to the extent solely caused by the lack of maintenance, negligence, or willful misconduct of the Grantor, and/or its agents, officials, or employees .. 6. Covenants Running with the Land. It is intended that the easements, covenants, conditions, restrictions, rights and obligations set forth herein shall run with the Easement Area, and shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit of the respective parties and their successors, assigns, heirs and personal representatives. 7. Attorney's Fees. In the event a party institutes any legal action or proceedings for the enforcement of any right or obligation herein contained. the prevailing party shall be entitled to recover its cost and reasonable attorney's fees incurred in the preparation and prosecution of such action or proceeding. The City acknowledges, following formal acceptance of this Easement by the Miami Beach City Commission, its liability for torts arising from its own acts or omissions to the extent provided and allowed under Section 768.28, Florida Statutes. 8. Severability. Each provision of this Easement and the application thereof to the Easement Area are hereby declared to be independent of and severable from the remainder of this Easement. If any provision contained herein shall be held to be invalid or to be unenforceable or not to run with the land, such holding shall not affect the validity or enforceability of the remainder of this Easement. In the event the validity or enforceability of any provision in this Easement is held to be dependent upon the existence of a specific legal description, the parties agree to promptly cause such legal description to be prepared. 9. Revocation. Amendment or Termination. This Easement is an irrevocable grant of pedestrian access which may be amended, modified or terminated only by the written consent of the then owner(s) of the Easement Area and the City of Miami Beach, Florida or its designee. 10. Governing Laws. The laws of the State of Florida shall govern the interpretation, validity, performance and enforcement of this Declaration. Venue for any action brought hereunder shall be proper exclusively in Miami-Dade County, Florida. 11. Successors and Assigns. The covenants, conditions and agreements contained in this Easement will inure to the benefit of and be binding upon the successors and assigns of Grantor and the City, including but not limited to any condominium association which may be successor or assignee of Grantor. 12. Waiver. No express or implied consent or waiver by a party to or of any breach or default by the other party in the performance by such other party of its obligations under this Easement will be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such other party of the same or any other obligations of such other party hereunder. Failure by a party to complain of any act or failure to act of the other party or to declare the other party in default, irrespective of how long such failure continues will not constitute a waiver by such party of its rights hereunder. The giving of consent by a party in any one instance will not limit or waive the necessity to obtain such party's consent in any future instance. Page 2 13. Authority to Execute. Grantor warrants and represents to the City that the individual(s) signing this Easement on behalf of Grantor have full power and authority to execute and deliver the Easement and to bind Grantor. IN WITNESS WHEREOF, the parties have caused these presents to be executed on the day first written above. Signed and sealed in the presence of: Print Name: Two WitnesbAS c:~s to---"""""'"~~~~~=.;;;:- STATE OF J='Lo.Ut> A COUNTY OF ']:'.,U)) lM ([ \ VE2.. COLLINS AVENUE, LLC, a Florida limited liability company Address: c/o W. Andrew White The Northern Trust Company 755 Beachland Boulevard Vero Beach, FL 32963 The foregoing instrument was acknowledged before me this~ day of F.e,..b · , 20 (3, by W. Andrew White, the President of Collins Avenue, LLC, a Florida limited liability company. Such person (check one) is personally known to me or has produced a valid driver's license as identification. {Signatures continue on the foflm. Page 3 MARIANNE HUDGINS • • Public · State of Florida l My Gomm. Expires Jul i 4, 2015 Commission# EE 11246? Signed, sealed and delivered in the presence of: !"'":-' Print Name_........._ ____ .J-V_I _A_N_D_It'-'S'-li_r._ Co-Trustee of the Priscilla 7 dated December 16, 1991, for f John Riggs Address: John Riggs c/o BMO Bank 777 South Flagler Drive, Suite Palm Beach, Florida 33401 Eileen Minnick The foregoing instrument was acknowledged before me this QI1 day of ~:!Z.:Q~~[ 20~, by John Riggs, as Co-Trustee of the Priscilla W. Riggs Trust, dated December 16, 1 , for the benefit of Riggs. Such person (check one) nally known to me or has produced a valid driver's license as ldentlflcation. My commission expires: (Notary Seal) {Signatures continue on the foi/owing page.} KARLA CARROLL Notary Public ·Notary Seal STATE OF MISSOURI St Louis City My Commission E;;xpires. Jan. 25, 2016 Commission# 12296503 Signed, sealed and delivered in the presence of: Print Na STATE OF wrfbr~ COUNTY OF S?.V\ u~ oh·.~f== DOROtHY RIGG Priscilla W. Riggs T t, dated December 16, 1991, for the benefit of Dorothy Riggs Address: Dorothy Riggs c/o BMO Private Bank 777 South Flagler Drive, Suite 140E West Palm Beach, Florida 33401 ATTN: Eileen Minnick The foregoing instrument was acknowledged before me this ~ day of \'Y\~YG~'--• 20 \~, by Dorothy Riggs, as Co-Trustee of the Priscilla W. Riggs Trust, dated December 16, 1991, fO.! the benefit of Dorothy Riggs. Such person (check one) is personally known to me or ha~ced a valid 0"~0 (\ driver's lice~)as identifica Notary Public, State and County Aforesaid Printed Name: t:HfZ,lS!vtt0 ~!1'-'\ My commission expires: "'2.-L;:r-\;;: (Notary Seal) CHRISTIAN KIM Commission # 1926327 2 Notary Public -California z San Luis Obispo County ~ M Cornm Ex ires Feb 20. 2015 {Signatures continue on the following page.} Pag~ !fl!l· Signed, sealed and delivered in the presence of: STATE OF ______________ _ COUNTY as o-Trustee of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of William Riggs Address: William Riggs c/o BMO Private Bank 777 South Flagler Drive, Suite 140E West Palm Florida ATTN: Eileen Minnick The foregoing instrument was acknowledged before me this __ day of , 20_, by William Riggs, as Co-Trustee of the Priscilla W. Riggs dated December 16, 1991, for the benefit of William Riggs. Such person (check one) is personally known to me or has produced a valid driver's license as identification. k'-fW\10 J?,_ MISM AJCJ14VL~ />U~LA 0~~ I ( JOI.:S ATTACHED Notary ~(MJ,~A~@iS11'161GA!:l'~id Printed Name: __ "'""':'"" ________ _ My commission ovn•r"'" ---------- (Notary Seal) {Signatures continue on the following page.} CALIFORNIA ALLwPURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California } County of~~~~~-~~""'~""""-~~~,~~ On~~1 I~ personally appeared Above who proved to me on the basis of satisfactory evidence to be the person(~) whose name(i) is/a.Fe subscribed to the within instrument and acknowledged to me that he/s~ executed the same in his/~ authorized capacity(iJ;J.5'), and that by his/~ir signaturejs? on the instrument the person(tB'), or the entity upon behalf of which the person_}%) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. of Document ~~d/t:,~2~~~~:V,.(;J~~ .. ,~,,~::r:::_~~~~=L-~~,~,,,,~--"' Document Date: Other Than Named Above: :;J'iy::D~R_,oJETl--,~M~LRf:i:::J AV11JEJ Capacity(ies) Claimed by Signer(s) k CJ tIP Signer's Name: -----~,,~,,~w-~~-~ Officer-:1 Officer - [! Individual [J Individual [] Partner -D Limited [] General [] Partner -[J Limited [] in Fact [] in Fact D Trustee [J Trustee D Guardian or Conservator C Guardian or Conservator C Other:,,~~~,~~~~~-D Other:---~----- Hem P~7 Signed, sealed and delivered in the presence of: (WnnessVSig nature) Print BMO HARRIS , as Co-Trustee of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of John Riggs BMO Harris Bank N.A. executes this instrument not but '"'n'""""" as Co-Trustee as ef0resaid and is not liable its any way, whatsoever, reason of it;, 0xecution recourse under this IS vniy to be "'tnt'"'"'"'irl Trust Estate and any assets thereot Address: BMO Harris Bank N.A. c/o BMO Private Bank 111 West Monroe Street, 16W Chicago, IL 60603 Attn: Anthony G. Pappalardo Vice President, Trust Real Estate The foregoing instrument was acknowledged before me thiSO:Z_L_ day ~~~-· 20ft, by BMO Harris Bank N.A., a: """*'"·""' .. &"""";,(A? as Co-Trus of the Riggs. Such person Priscilla W. Riggs Trust, dated December (check one) t !§ personally known to me ori identification. produced a valid ____ driver's license as OFFiCIAL SEAL LOUISE TRAil Notary Public -Stale of Illinois My Commission Expires Aug 3, 2016 My commission (Notary Seal) {Signatures continue on the following page.} Signed, sealed and delivered in the presence of: STATE OF COUNTYO~F--~~~------ BMO HARRIS BANK N as Co-Trustee of the Priscilla W. Riggs Trust, dated December 16, 1 , for the benefit of Dorothy Riggs BMO Harris Bank NA executes this instrument not personally, but in its as Co-Trustee as aforesaid and is not liable in its capacity any way, whatsoever, reason of its execution of this instrument recourse under this is only to be held against the Trust Estate and any assets thereof, Address: BMO Harris Bank N.A. c/o BMO Private Bank 111 West Monroe Street, 16W Chicago, IL 60603 Attn: Anthony G. Pappalardo Vice President, Trust Real The foregoing instrument was acknowledged me this::)/~ay of~f2~::;t;;= , 20/~. by BMO Harris Bank N.A., a Ule~~A~t'tt~F~f'~ , as Co-TruS@; of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of Dorothy Riggs. Such person (check one) i is personally known to me or i has produced a valid driver's license as identification. OFFICIAL SEAL LOUISE TRAIL Notary Public -State o! Illinois My Commission Expires Aug 3, 2016 {Signatures continue on the following page.} .Signed, sealed and delivered in the presence of: Print S1 ATE OF ____::=:::::::::::::::::::::~~:::::;:.:._ COUNTY OF-~=-~--- BMO HARRIS BANK , as Co-Trustee of the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of William Riggs BMO Harris Bank NA executes this instrument not but in its as Co-Trustee as aforesaid and is not liable its capacity any way, whatsoever, reason of its execution of this instrument. recourse under this is only to be held against the Trust Estate and any assets thereof. Address: BMO Harris Bank N.A. c/o BMO Private Bank 111 West Monroe Street, 16W Chicago, IL 60603 Attn: Anthony G. Pappalardo Vice President, Trust Real The foregoing instrument was acknowledged before me thi~(~ay of~~::: 20 /:L, by BMO Harris Bank N.A., a ,Rei~9F~!OErZ1 , as Co-T the Priscilla W. Riggs Trust, dated December 16, 1991, for the benefit of William Riggs. Such person (check one) i is personally known to me or i has produced a valid driver's license as identifi · OFFICIAL SEAL LOUISE TRAIL Notary Public -Stale ol Illinois My Commission Expires Aug 3, 2016 APPROVED lie, State and County Aforesaid Printed Name: l OU!SE :bf\AIL My commission expires: ~ -.3 -010/(p (Notary Seal) APPROVED AS TO FORM AND LANGUAGE AND 11:0R EXECUTION NOTES: 2) J) records Point of Exhibit A McLAUGHLIN ENGINEERING COMPANY LB#285 ENGINEERING *SURVEYING' *PlATTING *lAND PLANNING 400 NL 3rd AVENUE FORT LAUDERDALE, FlORIDA 33301 PHONE 763 7611 *FAX 763 7615 SKETCH AND DESCRIPTION SIDEWALK EASEMENT PUBLIX COLLINS SHEET 2 OF 2 SHEETS , CORRECTED PlAT OF ATLANTIC as recorded in Plot Book 9, of the of the most on thc North line more described as follows: Northwest comer of sold Lot !; thence North of said Lots 1 and a dis· lance of 1 JO. 99 feet to a t of on a curve to the to the mentioned course, with a radius of . on arc distance of 4. 52 feet to a of a distance of 8. 45 feet to a t, with a radius of 10.00 feet to a of t on a curve,· thence t, whose radius bears South 44 with a a central of 44 , on arc distance of 15.45 feet to the TOG'LTJ-JER WITH: at the aforementioned Reference Point '11 ·;· theoc,; North 89 line of said Lot a distance of 5225 feet to the Point of thence con North 8.9 the said North a 16 feet to a on said curve to the with a radius of 20.00 a central , an arc distance of 1550 89'20 a distance of 45.00 teet to a t of curve; on said curve to the t, with a radius of 00 a central , an arc d;~dance of 10.22 teet to a t thence on said curve to the with a radius ot 10. of '; an arc distance of 6.84 to the Point of 11/1 of said lands and in the of Miami Miami-Dade Coun and con 916 square feet or 0210 acres more or less. drawing Is sc:o/, NOT A BOUNDARY SU!i'VEY. shown assume the East line of said Block 6, 00'00'00" East. Revised this FIElD BOOK NO. ,JOB ORDER NO. CA CHECKED BY: -~---------~ Exhibit B McLAUGHLIN ENGINEERING COMPANY LB#285 ENGINEERING * SUNVEYING * PLA TT/NG ,. LAND PLANNING 400 N.E: 3rd A VENUE FORT LAUDERDALE; FLOR/D;1 ,33301 PHONE 763-7611 *FAX 763-7615 SCALE 1" = 60' 1 $KETCH AND DESCRIPTION SIDEWALK EASEMENT PUBLIX COLLINS SHEET 1 OF 2 SHEETS \ 72/h Street I ~ ?_\--~~~~~~ ~1 "' <!) " \:----~~~~~·" described on Sheet NOTES· 2) ~J) ATLANTIC DRIVE LOT 3 OF COMMENCE/v!ENT REF: ?!:=REFERENCE POINT shown assume lhe East line of said Block 6; oo·oo·oo" Cas!. FlEW BOOK NO. JOB ORDER NO Rev/sed thi:<s 15th !"----~ THIS SKETCH SITE LAYOUT NOT TO SCALE at this 2012. 2013. DRAWN BY:----"--------- .................... Attachment-D SCALE 1', -60' McLAUCHLIN ENGINEERING COMPANY ENGINEERING * SURVEYING *PLATTING *LAND PLANNING 400 N.£. 3rd AVENUE FORT LAUDERDALE, FLORIDA 33301 PHONE (954) 763-7611 *FAX (954) 763-7615 AND DESCRIPTION SIDEWALK SEMEN 72th PUBLIX COLLINS Normandy 1 OF SHEETS Q.) "' "' ~ " Atlantic Dr/ Street Drive {934} LEGAL DESCRIPTION: <.:!.~--r---~Jiiiiiiiiiiiiiiiiipiii~ (I> A portion of Lots 1 and Block "c'; CORRECTED PLAT ~ OF A TLANTJC HEIGHTS, according to the plat thereof, as recorded in Plat Book 9, Page 14, of the public records of Miami-Dade County, Florida, more fully described on Sheet 2 of 2 Sheets. THIS SKETCH 51 LA T ~ .l. I ~ Q.) "' "' "' " " "' "' ATLAN DR/ TH STREET) NOT SCALE NOTES: LOT 3 LEGEND: P.O.C.=POINT OF COMMENCEMENT REF. PT.=REFERENCE POINT I) This sketch ref/eels all easements and rights-of-way. as shown an above referenced record p/al(s). The subject property was not abstracted for other easements rood reservations or rights-of-way of record by McLoughlin Engineering Company. 2) Legal description prepared by McLaughlin Engineering Co. 3) This drawing is not valid unless sealed wilh an embossed surveyors seal. 4) THIS IS NOT A BOUNDARY SURVEY. 5) Bearings shown assume the East line of said Black 6, as NDrlh 00'00'00" East. FIELD BOOK NO. JOB ORDER NO. U-6911 ----------------------C: \JMM}r/2012/U691J(SIDEWALK) REF. FILE: 11-3-059 Certified Correct. Dated at Fort Lauderdale, Florida this 14th day of December, 2012. Revised this 15th day of May, 2013. ORA WN BY: _.;,_'M_;'M)'-i-________ _ CHECKED BY.· __ c_~---------- NOTES:· McLAUGHLIN ENGINEERING COMPANY LB#285 ENGINEERING * SUR VEYJNG * PLA TTING * LAND PLANNING 400 N.E. 3rd A VENUE FORT LAUDERDALE, FLORIDA 33301 PHON£ 76'3-7611 *FAX (954) 763-7615 SKETCH AND DESCRIPTION SIDEWALK EASEMENT PUBLIX COLLINS SHEET 2 OF 2 SHEETS A of Lots 1 and 12, Block , CORRECTED PLAT OF ATLANTIC HEIGHTS, according to the plot thereof, as recorded in Plat Book 9, of the public records of Miami-Dade Coun Florida, more fully described as follows: (!) at the most North, Northwest comer of sold Lot 1; thence North 89'13'10 East, on the North line of said Lots 1 and a distance of 110.99 feet to o Reference Point ')1" and to o point of cusp,· thence Westerly on a curve to the left, whose rodJi;s point is perpendicular to the last mentioned course, with a radius of /i.i. 00 a central angle of 25"52'37': on arc dlstance of 4.52 fe_-f ro o ; of tangency; thence South West, a distance of 8. 45 feet to a point of curve; thence Westerly on said curve to the n:qht, with a radius of 10.00 feet, a central angle ol 25"53'32'; on ore distance of 4.52 feet to a point of tangency; thence South 89'14'06" West, o distance of 108.60 feet to o point on a curve; thence Northeasterly on said curve to the right, whose radius point bears South 44:59'52" with a radius of 20.00 feet, a cen fro/ angle of 44 , an arc distance ol 15.43 feet to the Point of Beginning (!). TOGETHER WITH: Commencing (1) at the aforementioned Reference Point ';· thence North 89'13'10" East, on the North line of said Lot a d/.:;tance of 52.25 feet to the Point of Beginning (2); thence continuing North 89'!3'10" East, on the said North line, o distance of 46. 76 feet to a point of curve,· thence Easterly on said curve to the right, with a radius of 20.00 feet, a central of 44'24'22'; an ore distance of 15.50 thence South 89 West, a distance of 45.00 feet to a paint of curve; thence North on said curve to the right, with a radius of 15.00 feet, o centra! angle of 39'02 , an arc distance of 10.22 feet to a point of reverse curve; thence Westerly on sold curve to the left, with a radius of 10.00 a central angle of 39'09'54'; an arc drc;tance of 6.84 to the Point ol Beginning (2). All of said lands situate, lying and In the City of Miami Beach, Miami-Dade County, Florida, and containing 916 square feet or 0. 0210 acres more or less. CERTIFICATION Certified Correct. Dated at Fort Lauderdale, Florida this 14th day of 2012. Revised this 15th of May, 2013. I) 71Jh sketch ref/eels all easements and rights-of-way, as shown on above referenced record plot(s). The subject properly was not abslracled for other easements rood reservations or rs-.nr-•wnu of record by McLaughlin Engineering Company. 2) Legal prepared by Mcl.aughlin Engineering Co. 3) This drawing is nat valid unless sealed with an embossed seal. 4} !HIS NOT A BOUNDARY SURVEY. 5) Bearings shown assume the East line of said Block 6, as North 00'00'00" Easl. FIElD BOOK NO. JOB ORDER NO. C: \JMMjr/2012/U6911(SIDEWALK) REF. FILE: 11--3-·059 DRAWN BY:_...........;:..........-------~ CHECKED BY: CA RESOLUTION TO BE SUBMITTED THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Waiving, By A 5/7ths Vote, The Formal Competitive Bidding Requirements, Finding Such Waiver To Be In The City's Best Interest, And Authorizing The Procurement Of Services By Community Asphalt To Adjust Or To Relocate Approximately Ninety-Three (93) Valve Boxes, Fourteen (14) Sanitary Sewer Manhole Covers, And Twenty-Two (22) Water Meter Boxes, Sixteen (16) Fire Hydrants, Two (2) Water Services, And One (1) 8-lnch Water Main For The FOOT Construction Project On Collins Avenue From 5th Street To Lincoln Road, In Conjunction With The FOOT Project. Key Intended Outcome Supported: Maintain City Infrastructure Supporting Data (Surveys, Environmental Scan, etc.): The Customer Satisfaction Survey ndicated that 60% of residents rated utility pipes in good condition Item Summary/Recommendation: The Florida Department of Transportation (FOOT) will begin construction of the Collins Avenue Right- of-Way Improvements Project on June 3, 2013. Generally, the FOOT project will mill and resurface the roadway, and reconstruct sidewalks, drainage system, lighting and landscaping along Collins Avenue from 51h Street to Lincoln Road. Because of the Right-of-Way improvements, the City (along with other utility owners and operators) must adjust or relocate its water and sewer utilities. The City has coordinated this effort with the FOOT design engineers to ensure the resolution of all conflicts based on available data. In March 2013, FOOT selected Community Asphalt as the contractor. To avoid coordination problems and construction delays, the City believes that it would be in its best interest to use the same contractor selected by the FOOT procurement process. In May, Community Asphalt provided a cost estimate to the City for the adjustments and relocations listed in the utility adjustment schedule prepared by the City. The estimate is for $113,890.70. Because Community Asphalt failed to include twenty-two (22) water meter box adjustments, the City added $5,500 ($250 per water meter box based on a previous project). Thus, the total cost estimate for this project is $119,391. Staff believes it appropriate to add a 10% contingency in the amount of $11,939 to cover any additional relocation of unmarked utilities. Therefore, the total cost estimated is $131,330. In anticipation of this work, the City had budgeted $266,250 from Fund 425, Water & Sewer Enterprise Fund. Staff has reviewed the costs and believes that they are competitive. Further, the City is not incurring mobilization, coordination, and maintenance of traffic costs that it would if it retained a different contractor. As a result, staff believes that this cost is very competitive. Further, it has less risk of change orders associated with potential conflicts from a City contractor and FOOT contractor working within the same project limits. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: IN/A Financial Information: Source of Amount Account F $131,330 425-2764-069357 (Water & Sewer Enterprise Fund). Total $132,330 City Clerk's Office Legislative Tracking: Department Director ETC I l T:\AGENDA\2013\June 5\Collins Avenue 5th thru Lincoln Road Utility Adjustments and Relocations Waver of Bids u /v\IA!v\1 BEACH AGENDA 1 T EM ----c::-C._7-'-::!:--!!--:-:-- DA TE 14 -5"-I ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSIOIN MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: June 5, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY A 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE CITY'S BEST INTEREST, AND AUTHORIZING THE PROCUREMENT OF SERVICES BY COMMUNITY ASPHALT TO ADJUST OR TO RELOCATE APPROXIMATELY NINETY-THREE (93) VALVE BOXES, FOURTEEN (14) SANITARY SEWER MANHOLE COVERS, AND TWENTY-TWO (22) WATER METER BOXES, SIXTEEN (16) FIRE HYDRANTS, TWO (2) WATER SERVICES, AND ONE (1) 8-INCH WATER MAIN FOR THE FOOT CONSTRUCTION PROJECT ON COLLINS AVENUE FROM 5TH STREET TO LINCOLN ROAD, IN CONJUNCTION WITH THE FOOT PROJECT. ADMINISTRATION RECOMMENDATION Adopt the resolution. FUNDING $131,330 425-2764-069357 (Water & Sewer Enterprise Fund). BACKGROUND The Florida Department of Transportation (FOOT) will begin construction of the Collins Avenue Right-of-Way Improvements Project on June 3, 2013. Generally, the FOOT project will mill and resurface the roadway and reconstruct sidewalks, drainage system, lighting and landscaping along Collins Avenue from 51h Street to Lincoln Road. Because of the Right-of-Way improvements, the City (along with other utility owners and operators) must adjust or relocate its water and sewer utilities. The City has coordinated this effort with the FOOT design engineers to ensure the resolution of all conflicts based on available data. In March 2013, FOOT selected Community Asphalt as the contractor. To avoid coordination problems and construction delays, the City believes that it would be in its best interest to use the same contractor selected by the FOOT procurement process. Collins Avenue 5th thru Lincoln Road Utility Adjustments and Relocations Waver of Bids Memo City Commission Meeting June 5, 2013 Page 2 of 3 In May, Community Asphalt provided a cost estimate (Attachment A) to the City for the adjustments and relocations listed in the utility work schedule prepared by the City (Attachment B). The estimate is for $113,890.70. Because Community Asphalt failed to include twenty-two (22) water meter box adjustments, the City added $5,500 ($250 per water meter box based on a previous project). Thus, the total cost estimate for this project is $119,391. Staff believes it appropriate to add a 10% contingency in the amount of $11,939 to cover any additional relocation of unmarked utilities. Therefore, the total cost estimated is $131,330. In anticipation of this work, the City had budgeted $266,250 from Fund 425, Water & Sewer Enterprise Fund. Staff has reviewed the costs and believes that they are competitive. Further, the City is not incurring mobilization, coordination, and maintenance of traffic costs that it would if it retained a different contractor. As a result, staff believes that this cost is very competitive. Further, it has less risk of change orders associated with potential conflicts from a City contractor and FOOT contractor working within the same project limits. CONCLUSION The Administration recommends the Mayor and City Commission adopt this resolution waiving by 5/th vote, the formal competitive bidding requirements, finding such waiver to be in the City's best interest. Attachment: A. Cost Estimate Form Community Asphalt B. Utility Work schedule MT/ET~RWS T:\AGENDA\2013\June 5\Collins Avenue 5th thru Lincoln Road Utility Adjustments and Relocations Waver of Bids Memo.docx P .0 BOX 940668 MIAMI, fl33194 (305) 225-1503 FAX (305) 480-9013 Page 1 of 1 4129/2013 Quotation FIRE HYDRANT AND RELOCATE 1. Equipment, Labor and Material Included. 2. MOT Not Included. 3. Survey or As·bunt Not Included. 4. Selected Backfill Matenal Not Included. 5. Hauling Excess Fill From Excavation Not Included. S,Dewatering Penni! Not Included 7 Restoration of Curb, Sidewalks, Sod, Asphalt. Etc Not Included. COMMUNITY ASPHALT CORP 14005 NW 186th STREET Hialeah, FL 33018 PROJECT: Contract: T6294 FOOT#: 250236-1-52-01, 250236-3-52-01 250236-3-52-03. 250236-3-56-01 Road Name: SR-A!A (Collins Ave) Limits: From 5th Street to Uncoln Road Miami-Dade 9. Shot Down Water Main For Proposed Work By Others. 1 0. HRS Test Not Included 11. Relocate Water Meters not Included. 12.Fiowable Filt Rock Base or Asphalt fOr Trench Restoration Not Included. ?; ru () :::r 3 (I) ::l .-+ I )> SUMMARY OF WORK ORDER f'toltc:l: SR A1A/Colllns Avenue from llh Street to Uneofn Road PIIOJ£Cf FIN No. 25D21i!J.3·51.0l/T6294 Florida Department of Transportation DATE: Monday, April 29, 2013 Community Asphalt OHLGroup DESCRIPTION: Adjustment & Relocations of Oty of Miami Beach Utilities lABOR BREAKDOWN DESCRIPTION EQUIPMENT BREAKDOWN DESCRIPTION MATERIAL BREAKDOWN I DESCRIPTION SUBCONTRACT SUBCONTRACTOR IC Earth movers INDIRECT COSTS/ MOT COSTS DESCRIPTION TOTAL LABOR: $ TOTAL EQPT: $ TOTALMAfu $ (+)17.5% $ TOTALSUBC: $ (+)10% on first $50,000 $ (+) 5% over $50,000 SUBTOTAL: $ PER DIEM COSTS $ LESS CREDIT $ U[M HR 103,537.00 10,353.70 113,890.70 $ $ $ s $ $ I I I RATE RATE U/M $ $ $ $ U/M LS I$ I$ l s U/M I~ QJY arv EXTENSION J . I$ . I l $ . I . . . I$ . I ±: IS . I I$ . J TOTAL EQUIPMENT:..;$:;.... ___ _ RATE QTY EXTENSION . $ $ . . $ . s . TOTAL MATERIAt:..;S;.... ...... ...,._ RATE QTY EXTENSION 1o3,537.oo 1 1.oo Is 103,537.00 . I I$ . . I . I TOTAL SUBCONTAACT..;S;,__,,;;10;;;;3.S;;;3;;,;7,;;;.00;;;, RATE EXTENSION TOTAL LABOR:..;$;...._ ........ ......, The contractor shall 15 working days before The contractor must the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK of Miami Beach, Mr. Alvarez, Infrastructure course work is scheduled to commence .... trn.,n+ cover work to a minimum. ln>'!rations) Division Director at 305·673-7025 at least iu .. tm .. nt of covers if needed due to field condition. 2. The City Contractor will (88) Eighty Eight Water Valve boxes FOOT Construction. will and provide boxes if necessary. 3. 4. The Contractor will 5. The City Contractor will relocate And 8" water Main Sta. 22+80.71 All work to be completed Sewer manhole covers, and roadwav ffnish surface. One Sanitary valve cover , two Water meter boxes FOOT Construction. City will and provide boxes if necessary. and (2) two Water Services Sta. 11 +90.39 FOOT construction. 2013. and 61+08.00 710-010,05 UTILITIES 12100 P"{Je2o13 6. Alll"!xistine~ and in conflict with Construction will be relocated within 5 calendar from request date by the 1. The rnroucm Contractor will complete all the diustment and relocation . I OJ RESOLUTION TO BE SUBMITTED THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: Resolution accepting the recommendations of the FCWPC on March 21, 2013, allowing for the use of vacant City-owned fee simple land, as may become available, for Construction Staging in connection with City-funded construction projects only; and directing the Administration to develop policies and procedures for such purpose, Key Intended Outcome Supported: Ensure well-maintained facilities. Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey noted that 87% of residents reported the appearance and maintenance of the City's public buildings as Excellent or Good. 2011 survey results are under development. Issue: I Shall the City establish a policy for the use of City-owned fee simple land for Construction Staging? Item Summary/Recommendation: Although the City has a fee structure in place for use of City Right-of-Way (ROW) space for Construction Staging, the City currently has no formal policy or fee structure for contractors requesting the use of City- owned fee simple land for Construction Staging in connection with City-funded construction projects, privately- funded construction projects and/or construction projects occurring in neighboring municipalities. The matter was discussed at the City's Finance and Citywide Projects Committee (FCWPC) meeting on March 21, 2013, and the following recommendations were made: The FCWPC recommended that the City continue to permit the use of vacant City-owned fee simple land, as may become available from time to time, for Construction Staging in connection with City-funded construction projects only. The Committee further recommended that the Administration establish a policy and conditions to govern this process, including a provision for the City to negotiate a credit for additional scope of work in exchange for staging on City-owned property. Pursuant to the direction of the FCWPC, staff is in the process of developing policy and criteria for use of City- owned property for Construction Staging, which will be presented to the City Commission for approval when ready. In the meantime, the Administration recommends accepting the recommendations of the FCWPC, allowing contractors involved with City-funded construction projects to use available City-owned fee simple land for Construction Staging. Advisory Board Recommendation: Finance & Citywide Projects Committee: March 21,2013 Financial Information· . Source of Amount Funds: 1 n/a Financial Impact Summary: City Clerk's Office Legislative Tracking: Max Sklar, Ext. 6116 MIAMI BEACH Account AGENDA ITEM ~C,.__7::--0""""""":::""_ DATE ~-S'=-/3 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 Me~lbelrs FROM: Jimmy L. Morales, City Manager DATE: June 5, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE FINANCE & CITYWIDE PROJECTS COMMITTEE ON MARCH 21, 2013, ALLOWING FOR THE USE OF VACANT CITY-OWNED FEE SIMPLE LAND, AS MAY BECOME AVAILABLE FROM TIME TO TIME, FOR THE PURPOSE OF STAGING AND/OR STORING CONSTRUCTION EQUIPMENT IN CONNECTION WITH CITY-FUNDED CONSTRUCTION PROJECTS ONLY; AND FURTHER DIRECTING THE ADMINISTRATION TO DEVELOP POLICIES AND PROCEDURES FOR SUCH PURPOSE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Ensure well maintained facilities. BACKGROUND The City currently has no established policy, mechanism or fee structure in place regarding the use of City property for the purpose of staging and/or storage of construction equipment ("Construction Staging"). Currently, arrangements are made on a case-by-case basis, interdepartmentally, depending on the proposed use of the land. Because it is not feasible to govern the use of City property by a conventional lease agreement or by the existing mechanism and fee structure identified for use of right-of-ways, the Administration developed a proposed License and Use Agreement for consideration by the Finance & Citywide Projects Committee (FCWPC), and also conducted an analysis of comparable market rates for the use of land for Construction Staging. The analysis of comparable rates resulted in widely varying scenarios for the City's consideration in determining a fee structure, if that was the direction to be taken. However, other determinations should first be made such as: Whether the City wishes to charge contractors and/or developers for the use of City property during Construction Staging in connection with City-funded projects and/or developments; Whether the City should allow contractors and/or developers to use City property for Construction Staging in connection with privately-funded construction projects and/or developments, and Whether the City should allow contractors and/or developers to use City property for Construction Staging for publicly or privately funded construction projects and/or developments occurring in neighboring communities. City Commission Memorandum Construction Staging Memorandum June 5, 2013 Page 2 of3 In 2011, as the City anticipated escalating its right-of-way (ROW) infrastructure improvement projects, City contractors began to pursue available sites for staging and storage. The City did not have a process or fee structure in place to govern the use of City property for Construction Staging. The City was approached by, among others, Weekly Asphalt and Paving, the contractor engaged by FOOT to undertake roadway improvements extending along AlA (Collins Avenue) from 75th Street in Miami Beach to beyond City limits, where Collins Avenue intersects Haring Avenue in Surfside. The contractor had requested temporary use of one of the vacant City- owned lots on Collins Avenue between 86th and 8ih Streets for its Construction Staging for a period of approximately twelve months, commencing as soon as available. Earlier requests were also received from the City of Bal Harbor regarding temporary use of one or more of the same lots for a project that it completed last summer and from Ric-Man International for a project it is currently working on in the City of Surfside. Due to the anticipated timing involved with the City being able to make a decision concerning use of the vacant lots, Bal Harbor opted to stage within its own boundaries. Ric-Man International did not want to spend more than $1,000.00 per month for use of the site. Other ROW projects, including Central Bay Shore and Lake Pancoast being undertaken by Lanzo Construction, and Sunset Islands 1 and 2 being undertaken by DMSI, are using FOOT's property on the Julia Tuttle Causeway for staging at no additional cost to the projects. David Mancini & Sons (DMSI) is currently using 52,500 square feet of City-owned vacant lots located between 85 and 86th Streets along Collins Avenue. DMSI has been using this site since May 4, 2011 for construction staging, parking and material storage in connection with two projects. At first, DMSI utilized the site while working as the City's right-of-way JOC Contractor for the Water Main Installation Project, and then remained on the site for the Biscayne Point Neighborhood Project, which broke ground at the end of September, 2011. DMSI provided proof of liability insurance coverage reflecting the City as an Additional Named Insured; however a fee structure for the use of the property was never pursued. ANALYSIS While there is no fee structure in place for Construction Staging on City property, a mechanism and fee structure exists regarding the use of City right-of-way space during Construction Staging. Section 82-151 of the City Code cites the market rate for obstruction of ROW as $.03 per square foot per day, plus a $37.50 application fee, and requires that contractors also be required to provide commercial general liability insurance naming the City as an additional insured, as well as worker's compensation and employer's liability as approved by the City's Risk Manager. Public Works also charges a review fee of $320.43 to cover the cost of staff time spent reviewing applications of this nature ("Obstruction of Right of Way Ordinance"). On March 21, 2013, the Finance and Citywide Projects Committee (FCWPC) discussed the use of City property for Construction Staging in connection with City-funded construction projects, privately-funded construction projects, and construction projects occurring in neighboring municipalities. The Administration's intent was to recommend a mechanism that would allow the City Manager to negotiate and enter into temporary licensing-use agreements with contractors. The FCWPC recommended that the City should continue to allow contractors and/or developers involved with City-funded construction projects to use available City-owned fee simple land for Construction Staging. The Committee further recommended that the Administration establish a City Commission Memorandum Construction Staging Memorandum June 5, 2013 Page 3 of3 policy and conditions to govern this process, including a provision for the City to negotiate a credit for additional scope of work in exchange for staging on City-owned property. CONCLUSION AND RECOMMENDATION Pursuant to the direction of the FCWPC, staff is in the process of developing policy and criteria for use of City-owned property for Construction Staging, which will be presented to the City Commission for approval when ready. In the meantime, the Administration recommends accepting the recommendations of the FCWPC, allowing contractors involved with City-funded constr ion projects to use available City-owned fee simple land for <;onstruction Staging. T:\AGENDA\2013\June 5, 2013\Construction Staging memorandum AND USE THIS LICENSE AND USE AGREEMENT ("Agreement"), made the day of -----' 2013 (the Effective Date), by and between the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation ("City" or "Licensor"), and INC, a Florida corporation ("Licensee"). Licensor and Licensee may also sometimes referred individually, as a "Party" or collectively, as the "Parties". NOW, THEREFORE, and in consideration of the mutual promises, covenants, agreements, terms and conditions, herein contained, and other good and valuable consideration, the receipt and adequacy which are hereby acknowledged, the Parties hereto do agree as follows: 1. Licensor hereby grants to Licensee a license to occupy and use, subject to all terms and conditions hereof, those certain parcel(s) generally described as Subdivision Name, PB _,Lots_ through_, _,and located generally along , from th Street to th Street, as more specifically detailed the location map, attached and incorporated as Exhibit" A" hereto, (the "Parcel(s)"). Licensee may occupy and use the Parcels solely for the purpose staging equipment and storage of materials in connection with those certain City-funded right-of-way improvements and _____ repairs, being undertaken by the Licensee along , as per City of Miami Beach Resolution No. , attached and incorporated as hereto (hereinafter referred to as "the Project"). 2. The term of Agreement shall commence upon execution of the Agreement by both Parties, which shall be referenced as the "Effective Date" on page 1 (above) of this Agreement, and shall terminate upon the earlier of "Substantial Completion" of the Project, as determined in writing by the Licensee's Engineer of Record; or Date, unless otherwise extended, at Licensor's sole ....._..,,.., ... ,., .... v,u, 4. Indemnification. Licensee shall indemnify and harmless the Licensor, and it officers, employees, agents, and contractors, from and against any and all claims, suits, actions, damages or causes of action arising from or in connection with Licensee's, and/or its officers, employees, contractors and/or agents' activities pursuant to this License Agreement; its occupancy of the Parcels; and any other work incidental thereto. 5. Prior to the Effective Date, Licensee shall provide Licensor Licensor's review and approval with evidence of General Liability, Automobile Liability and Worker's Compensation insurance, such form and amount(s) as shall satisfactory to the City's Risk Manager. The minimum limits of coverage for General Liability shall be $1,000,000 per occurrence, combined, single limit for bodily injury liability property damage liability, and shall name City of Miami Beach, Florida, as additional insured. 1 6. Licensee shall coordinate all work with the City Manager or his/her designee in order to minimize impact on Licensor's operations. Licensee shall take all necessary safety precautions, secure the Parcels by appropriate construction fencing, and coordinate with the City Manager or his/her designee to assure the safety of City employees, contractors, residents, guests, invitees, visitors, and the general public at all times during Term. Licensee shall resolve any safety or to the conditions mandated by the City Engineer. 7. Storm Water Pollution Prevention Plan. Licensee shall submit a Storm-water Pollution Prevention Plan for Parcels within sixty (60) days of the Effective Date. The purpose of this Plan is to reduce the potential of sediments and construction debris from entering City's storm water system from the Licensee's construction staging activities: A. The Licensee should describe and provide indication on a site map of all erosion and sediment controls and storm water best management practices to reduce erosion, sedimentation, and storm water pollution. These controls may include silt fences, entrance/exit controls, storm drain inlet protection, and reinforced soil retaining systems. The Licensee should establish a maintenance plan for all structural and non-structural controls to assure they remain in good and effective operating condition. B. The Licensee should implement good housekeeping techniques to reduce contamination storm water runoff. should describe in detail controls for the following potential pollutants: (i) Waste disposal, this may include construction chemicals, litter, and sanitary waste. (ii) Offsite tracking from construction entrances/exits. (iii) The storage, application, generation and migration of all toxic substances. 8. Licensee's Obligation for Restoration. At the conclusion of Term, Licensee shall immediately restore the Parcels, and any other adjacent City property affected by the Licensee's activities, to a condition that is not only safe and usable, but is as good as, or better, previously existed prior to Effective Date of this Agreement. 9. The Parties to this Agreement have substantially contributed to drafting negotiation of this Agreement, and this Agreement shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than any other. The Parties acknowledge they have thoroughly read this Agreement, including exhibits and attachments hereto, and have sought and received whatever competent legal advice and counsel was necessary for them to form a full and complete understanding of all rights and obligations herein. 10. Notices. All notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of Licensor and Licensee listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). Until changed by notice in writing, all such notices and communications shall be addressed as follows: 2 (305) _____ Ext Attn: ----------------- City of Miami .._...,, ... ..,u City Manager 1700 Convention Center Drive Miami Florida 33139 (305) 673-7000, 6399 Attn: Jorge M. Gonzalez 11. The making, execution and delivery of this Agreement by Licensor has been induced by no representations, warranties, or agreements other than those contained herein. This Agreement embodies the entire understanding of Parties and there are no further or other agreements or understandings, written or oral, in between the Parties relating to the subject matter hereof. as of the day and year first above written. Attest: City Clerk Attest: Secretary Print Name LICENSOR: CITY OF MIAMI BEACH a Florida Municipal Corporation By: ________________________________ __ LICENSEE: _______________ ., a Florida corporation 3 EXHIBIT A PROPERTY DESCRIPTION ATTACHMENT NO. 1 F:\$AII\Econ\RHCD\Asset\Staging Lot Leases\License & Use Agreement Draft. doc 4 RESOLUTION TO BE SUBMITTED THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Approving $5,050 for the City's Joint Tourism and Hospitality Scholarship Program in partnership with Global Spectrum and Centerolate; and further awarding said scholarships. Key Intended Outcome Supported: Maximize Miami Beach as a Brand Destination. Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey reported 69.2% of resident respondents feel the tourism industry contributes "about the right amount" to the quality of life, while 13.3% indicated the tourism industry contributes "too little" to the quality of life. Item Summary/Recommendation: The City of Miami Beach Tourism and Hospitality Scholarship Program began in 2003 in partnership with the Greater Miami Convention and Visitors Bureau (GMCVB), SMG and Centerplate. Contributions to the City's scholarship program were contractually required of the three (3) entities. During the GMCVB's contract renewal in 2004, the requirement was removed from their contract. As you know, in September of 2008, the City replaced SMG with Global Spectrum. Global Spectrum and Centerplate currently partner with the City on this program and contribute $12,500 and $20,000 respectively annually. The scholarship program is geared toward Miami Beach residents or graduates of Miami Beach Senior High School who are enrolled or are planning to enroll in post-secondary education and have expressed interest in the food and hospitality industry (as demonstrated by coursework and extracurricular activities). Since the inception of the program, $219,550, which includes the current scholarship recommendation of $5,050, has been awarded to more than 42 different Miami Beach students. There are three (3) scholarship awards recommended. Advisory Board Recommendation: I NIA Financial Information· Source of Amount Account Fu~ 1 $5,050 199.6025.000343 !/\V 2 3 ,n} 1 Total $5,o5o 199.6025.000343 Fin Impact Summary: Funding for this is provided by Global Spectrum and Centerplate and was appropriated in the FY 12/13 budget Clerk's Office Le islative Trackin : Max Sklar, Tourism and Cultural Development Director Manager MIAMI BEACH AGENDA ITEM _C=---:7~P;..__ DATE (;-S'"-1~ City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeachfLgov TO: FROM: DATE: SUBJECT: N MEMORANDUM Mayor Matti Herrera Bower and Me Jimmy L. Morales, City Manager June 5, 2013 A RESOLUTION OF THE MAYOR NO CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN EXPENDITURE OF $5,050 FOR THE CITY'S JOINT TOURISM AND HOSPITALITY SCHOLARSHIP PROGRAM IN PARTNERSHIP WITH GLOBAL SPECTRUM AND CENTERPLATE; AND FURTHER AWARDING SAID SCHOLARSHIPS. RECOMMENDATION Adopt the Resolution. FUNDING Funding is available in account 199.6025.000343 provided by Global Spectrum and Centerplate as per their agreements with the City and was appropriated in the FY 12/13 budget. BACKGROUND The City of Miami Beach Tourism and Hospitality Scholarship Program began in 2003 in partnership with the Greater Miami Convention and Visitors Bureau (GMCVB), SMG and Centerplate. Contributions to the City's scholarship program were contractually required of the three (3) entities. During the GMCVB's contract renewal in 2004, the requirement was removed from their contract. As you know, in September of 2008, the City replaced SMG with Global Spectrum. Global Spectrum and Centerplate currently partner with the City on this program and contribute $12,500 and $20,000 respectively annually. There is also a carry forward balance of $80,500 from 2012. Therefore, the City currently has $113,000 available for this scholarship program. After the 2013 awards are made, there will be $107,950 (plus future contributions) available. The scholarship program is geared toward Miami Beach residents or graduates of Miami Beach Senior High School who are enrolled or are planning to enroll in post-secondary education and have expressed interest in the food and hospitality industry (as demonstrated by coursework and extracurricular activities). To be eligible for the scholarships, applicants must meet the following, minimum criteria: • High School Diploma or Equivalent (Presumed in Seniors) • United States resident, citizen or visiting student with valid student visa for college admission • Enrollment in post-secondary education institution • Interest expressed in the food and hospitality industry • Minimum 2.5 (un-weighted Grade Point Average) • Application completed accurately • Two letters of recommendation • Certified copy of school transcript or credit history form • Resume attached • Copy of lease, utility bill or other residency proof • Copy of birth certificate, Social Security Card, Resident Alien Card or valid student visa • Additional support material representing service Page 2 of2 Hospitality Scholarships The level of funding allocated to an eligible applicant is based on several criteria, with a maximum award of $2,300 possible. The five (5) funding allocation categories and criteria are as follows: ACADEMICS GPA: 2.5 -2.999 $ 150 GPA: 3.0-3.499 $ 300 GPA: 3.5 + $ 500 UNIVERSITY/COLLEGE PUBLIC PRIVATE $ 250 $ 500 INCOME $30,001 + $15,001 -$30,000 $0-$15,000 APPLICATION STATUS $ 150 3RD TIME APP $ 100 $ 300 2ND TIME APP $ 200 $ 500 1ST TIME APP $ 300 FIELD OF STUDY RELATED FIELD $ 250 TOURISM/HOSP $ 500 Since the inception of the program, $219,550, which includes the current scholarship recommendation of $5,050, has been awarded to more than 42 different Miami Beach students. ANALYSIS There were a total of six (6) applications submitted this year. All applicants were deemed eligible. The applications are reviewed by a representative of Global Spectrum, Centerplate and the City. Based on the aforementioned funding allocation criteria, all three (3) applicants for this year's scholarship program were recommended for scholarship award, as follows: Francheska Salguero Melanie Veizaga: Nathalie Veizaga TOTAL: $1,950 $1,650 $1,450 $5,050 They are all residents of the City and/or attend(ed) Miami Beach Senior High School. CONCLUSION The City Administration recommends authorizing the expenditure of $5,050 in support of the Tourism and Hospitality Scholarship Program, and further recommends approval of the aforementioned scholarships. JMG\'=\MAS T:\AGENDA \2012\6-6-12\Hospitality Scholarships. MEM.doc RESOLUTION NO. ____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN EXPENDITURE OF $5,050 FOR THE CITY'S JOINT TOURISM AND HOSPITALITY SCHOLARSHIP PROGRAM IN PARTNERSHIP WITH GLOBAL SPECTRUM AND CENTERPLATE; AND FURTHER AWARDING SAID SCHOLARSHIPS. WHEREAS, the City of Miami Beach Tourism and Hospitality Scholarship Program began in 2003 in partnership with the Greater Miami Convention and Visitors Bureau (GMCVB), SMG and Centerplate; and WHEREAS, Global Spectrum and Centerplate currently partner with the City on this program; and WHEREAS, Global Spectrum contributes $12,500 annually and Centerplate contributes $20,000 annually; and WHEREAS, the scholarship program is geared toward Miami Beach residents or graduates of Miami Beach Senior High School who are enrolled or are planning to enroll in post-secondary education and have expressed interest in the food and hospitality industry (as demonstrated by coursework and extracurricular activities); and WHEREAS, the City Administration recommends approval of$5,050 in support of the Tourism and Hospitality Scholarship Program and further recommends approval of the aforementioned scholarships. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, authorize the approval and expenditure of $5,050 for the City's joint Tourism and Hospitality Scholarship Program in partnership with Global Spectrum and Centerplate; and further awarding said scholarships. PASSED AND ADOPTED this ___ day of _______ , 2013. ATTEST: MAYOR: CITY CLERK JMG/HF/MS T:\AGENDA\2012\6-6-12\Hospitality Scholarships.RESO.doc APPROVED AS TO FORM & LANGUAGE, & FOR EXECUTION COMMISSION ITEM SUMMARY Condensed Title: A Resolution accepting the recommendation of the Neighborhood and Community Affairs Committee to establish a Centennial Celebration Ad-Hoc Committee to provide ideas and recommendations pertaining to all matters with respect to events and activities related to the City Of Miami Beach Centennial on March 26, 2015. Key Intended Outcome Supported: Maximize Miami Beach as a Brand Destination Promote and Celebrate Our City's Diversity Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The City's centennial will occur on March 26, 2015. Planning for a Centennial celebration requires a lot of time and resources. In order to kick-start the planning process the City Administration referred a discussion to the Neighborhood/Community Affairs Committee at the December 12, 2012 City Commission meeting. The Neighborhood/Community Affairs Committee discussed this item at their January 28, 2013 meeting and agreed that planning for the City's Centennial should begin immediately and further stated that it should be a yearlong celebration. Upon further discussion, the Committee passed a motion recommending that the Miami Beach Visitor & Convention Authority (MBVCA) take this on as a project. The MBVCA advised the Administration that they are happy to help provide funding for the event(s) and are also happy to participate in the process and serve on an advisory committee in support of the Centennial. However, the MBVCA is not able to manage or administer the coordination of the Centennial celebration. The NCAC met on April 29, 2013 and directed the Administration to develop a recommendation for Centennial Celebration. Attached is a draft for your review and consideration. The NCAC met on May 20, 2013 and recommended in favor of establishing an Ad Hoc Committee to recommend a series of events to celebrate the City's heritage and promote awareness of our history. The Administration recommends adopting the recommendation of the Neighborhood/Community Affairs Committee. Adviso Board Recommendation: The item was discussed at the February 19, April 29 and May 20 Neighborhood and Community Affairs Committee meetin s. Financial Information: Source of Amount Account Funds: 1 N/A OBPI Total Financial Impact Summary: Clerk's Office Le islative Trackin : Max Sklar, Tourism, Culture and Economic Development Director MIAMI BEACH AGENDA ITEM ~C_..:..7~Q~- DATE ~-~ .... -13 lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and City Commission DATE: June 5, 2013 SUBJECT: A RESOLUTION OF THE M OR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMU ITY AFFAIRS COMMITTEE TO ESTABLISH A CENTENNIAL CELEBRATION AD-HOC COMMITTEE TO PROVIDE IDEAS AND RECOMMENDATIONS PERTAINING TO ALL MATTERS WITH RESPECT TO EVENTS AND ACTIVITIES RELATED TO THE CITY OF MIAMI BEACH CENTENNIAL ON MARCH 26, 2015. RECOMMENDATION Adopt the Resolution. FUNDING N/A BACKGROUND The City's centennial will occur on March 26, 2015. Planning for a Centennial celebration requires a lot of time and resources. In order to kick-start the planning process the City Administration referred a discussion to the Neighborhood/Community Affairs Committee at the December 12, 2012 City Commission meeting. The Neighborhood/Community Affairs Committee discussed this item at their January 28, 2013 meeting. The Committee agreed that planning for the City's Centennial should begin immediately and further stated that it should be a yearlong celebration. Upon further discussion, the Committee passed a motion recommending that the Miami Beach Visitor & Convention Authority (MBVCA) take this on as a project. The MBVCAwould need to develop a comprehensive vision for the celebration and oversee the planning, fund raising, logistics and coordination of the Centennial celebration. They would also need to do the following as part of this project: • Celebrate the City through a comprehensive use of its venues and amenities. • Manage a broad range of activities whose content and pricing reflect the demographic, economic and cultural diversity of the City, including events that are free to the public. • Work collaboratively with all parties interested in these goals, and especially with the City's cultural, historic and civic organizations. • Creating an event to attract local, national, and international visitors. • Coordinate with the City Administration and provide periodic updates to the Administration and City Commission. The MBVCA advised the Administration that they are happy to help provide funding for the event(s) and are also happy to participate in the process and serve on an advisory committee in support of the Centennial. However, the MBVCA is not able to manage or administer the coordination of the Centennial celebration. The NCAC met on April29, 2013 and directed the Administration to develop a recommendation for Centennial Celebration. Attached is a draft for your review and consideration. The NCAC met on May 20, 2013 and recommended in favor of establishing an Ad Hoc Committee to recommend a series of events to celebrate the City's heritage and promote awareness of our history. CONCLUSION The Administration also recommends creating a Centennial Celebration Ad-Hoc Committee with members appointed by the City Commission. JLM/KGB/MAS F:\INFO\$ALL\Max\TCD\Special Events\Centenniai\Reso Approving NCAC Recommendation Miami Beach Centennia.doc Centennial Celebration Ad-Hoc Committee Purpose: To advise the City Commission on any and all matters with respect to the events and activities related to the City of Miami Beach Centennial in 2015. To provide ideas and recommendations for the implementation of those ideas to the Commission for events and activities that celebrates the 1 oath anniversary of the founding of the City of Miami Beach. To solicit sponsorships and donations and conduct fund-raising to provide financial assistance for the centennial events and activities; To hear citizens, neighborhood, or community input on Centennial activities and recommend appropriate action to the City Commission. The Committee will sunset December 31, 2015. Membership: The Centennial Celebration Committee shall consist of fourteen (14) members appointed by the City Commission, who shall serve without compensation at the pleasure of the City Commission. In making the appointments, the City Commission shall consider the following guidelines: 1. That members live or work within the City of Miami Beach. 2. That persons with various qualifications be represented on the Centennial Celebration Ad Hoc Committee, including community, historical and commercial interests. 3. Each Commissioner and the Mayor shall nominate two (2) members each. 4. Each member will serve through December 31, 2015. 5. The City Manager or his or her designee shall serve as ex-officio member of the Centennial Celebration Committee. Centennial Vision Statement A celebration of Miami Beach's heritage that promotes awareness of our history and creates lasting legacies as we move into the future. The City to host a year-long celebration of public events and educational initiatives to celebrate Miami Beach's past, present and future. Historic Initiatives Work with a professional historian to implement programs that raise awareness of the City's history to appeal to diverse age groups and sectors of the community to ensure that the Centennial reached a vast and broad audience. 1. Centennial Exhibits In an effort to highlight snapshots of the City's past, exhibits featuring Miami Beach's history can be circulated throughout our community. Portable exhibits comprised of text and photos displayed at various events and public facilities, including local parks and libraries. 2. Park Plaques While residents and visitors regularly utilize City parks, very few know the origin of the park name. The Park Plaque project can involve producing and installing bronze plaques that featured brief biographies of the individuals for whom the parks are named. Permanent plaques can bee made for the following City of Miami Beach parks: 3. Speakers Bureau Program To raise awareness of local history, presentations can be developed on the following topics, "Miami Beach: A Brief History" and "Miami Beach: 100 Years Ago." Throughout the year, a group of trained volunteers can give free historic presentations to local community groups and organizations and Homeowner Associations. To accommodate a multitude of locations and audiences, a "low-tech" version of the presentation can also be delivered strictly with enlarged, mounted photos. 4. State Heritage Markers Miami Beach is home to numerous historically significant sites and events. The City can apply to the Florida Department of State, Division of Historical Resources, for heritage markers to commemorate specific locations and milestones. 5. Traveling Trunks Reaching out to future generations is of great importance throughout the Centennial. With a special focus on captivating school children, the Centennial historian can develop a collection of replica artifacts to be placed in a portable "trunk" and made available to local schools to provide students with an opportunity to receive a hands-on educational experience while learning about local history. Public Events 1. City Events Creating a series of exciting public events with a variety of themes, formats and locations to celebrate and maintain momentum throughout the entire year. The year- long series of events could begin with a public Centennial Celebration kick-off and concluded with an event on March 26, 2015 or on December 31, 2015 depending on direction from the City Commission and the Ad Hoc Committee. 2. Sanctioned Events To maximize community engagement, local groups and organizations can be encouraged to register their events with the City to become a "Centennial Sanctioned Event." Sanctioned events can be provided the Centennial Celebration Logo and other material to incorporate the centennial theme, and in turn promoted on the City website and given permission to include the City Centennial logo on their promotional event materials. Community Enhancement Projects In addition to the numerous historic initiatives and public events, a variety of community projects could be conceived to enhance neighborhoods and leave lasting legacies for future generations. Projects could include a public art project, original commemorative poster and t-shirt that capture the past century of Miami Beach's history and/or creation of unique, permanent art installation at each school in the City. 1. Visual Memoirs Project To generate excitement for the Centennial Celebration, the City can partner with the Miami Beach Visitor and Convention Authority and Miami Design Preservation League to utilize the Miami Beach Visual Memoirs Project and circulate it around Miami Beach. MDPL in partnership with Close-Up Productions recorded the memoirs of the City of Miami Beach through the stories of people who have been a part of the City's history. These interviews have been combined and edited to create a museum installation. The full-length interviews are part of an audio-visual archive that will continue to expand as more interviews are conducted. Also during the project's, an educational video aimed at middle school students will be created from the interviews collected. MDPL and Close- Up Productions will develop a lesson plan and teacher guide that is complimentary to existing curriculum requirements for the middle school years. The videos can also be posted on the City Centennial website and made available to the public on CD. The video can be shown on Channel 77, on the City's website and at SoundScape Park regularly throughout the Centennial year-long celebration. 2. Website The City can create a website to promote the City Centennial. The site can serve as a clearing-house to document the ongoing celebration and included extensive information on Centennial initiatives and upcoming events through a variety of videos, photos, historic documents, copies of promotional materials, sponsorship information and press releases. 3. Centennial Logo Sign Similar to what the City of Fort Lauderdale did, Miami Beach could create an iconic large scale replica of the City's Centennial logo to be erected at an agreed upon location. The sign can be illuminated in an official ceremony and remain as a focal point throughout year. The display would likely become a tremendous resident and tourist attraction that brands the City's 1 oath Birthday. Sponsors The vision for the Centennial is to create an inclusive, citywide celebration that is funded through donations and partnerships. The Committee, with the assistance of a professional fundraiser and the City's in-house Development Coordinator, can work to secured external funding and sponsorships with entities. Funding Preliminary estimates suggest that they City will need to budget and fund approximately $200,000 over two (2) years for design, collateral material, fundraising, events coordination and other expenses. However, additional funding will need to be secured from private sponsors. and RESOLUTION NO.----- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO ESTABLISH A CENTENNIAL CELEBRATION AD-HOC COMMITTEE TO PROVIDE IDEAS AND RECOMMENDATIONS PERTAINING TO ALL MATTERS WITH RESPECT TO EVENTS AND ACTIVITIES RELATED TO THE CITY OF MIAMI BEACH CENTENNIAL ON MARCH 26, 2015. WHEREAS, the City of Miami Beach Centennial will occur on March 26, 2015; and WHEREAS, planning for a Centennial celebration requires a lot of time and resources; WHEREAS, the City Administration referred a discussion to the Neighborhood/Community Affairs Committee (NCAC) at the December 12, 2012 City Commission meeting; and WHEREAS, the Neighborhood/Community Affairs Committee discussed this item at its January 28, 2013 meeting and recommended that the Miami Beach Visitor and Convention Authority (MBVCA) assume responsibility for this project and serve as the host committee; and WHEREAS, the MBVCA is not able to manage or administer the coordination of the Centennial celebration, but is willing to help fund the costs of the celebration; and WHEREAS, the NCAC met on May 20, 2013 and recommended in favor of establishing an Ad Hoc Committee to provide ideas and recommendations pertaining to all matters regarding Centennial events and activities to celebrate the City's heritage and to promote awareness of our history. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby accept the recommendation of the Neighborhood/Community Affairs Committee to establish a Centennial Celebration Ad-Hoc Committee to provide ideas and recommendations pertaining to all matters with respect to events and activities related to the City of Miami Beach Centennial on March 26, 2015. PASSED and ADOPTED this ____ day of June, 2013. ATTEST: MATTI HERRERA BOWER MAYOR APPROVEDASTO RAFAEL GRANADO CITY CLERK FORM & LANGUAGE & FOR EXECUTION ~:_A~ . 42V" Dat THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving the conceptual plan developed for the Euclid Avenue Street End Project on Lincoln Road; further authorizing the City Manager to enter into negotiations with the developer for an agreement to design and build the project. Key Intended Outcome Supported: Ensure well designed quality capital projects --Increase Community Satisfaction with City Services Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2012 community survey, recently completed capital projects were highly rated by both residents and businesses. In the 2012 survey, arts and culture were identified as services the city should strive not to reduce; and availability of public parking, was one of the factors identified as key drivers of overall satisfaction levels. Item Summary/Recommendation: The FY 2012/13 Capital Improvement Plan for 2012/13 through 2016/17 was approved at the September 27, 2012 RDA meeting, however the Euclid Avenue Street End Project was requested to return to commission for additional discussion. The City Commission requested a reevaluation of the priority of spending $416,820 on this project against other needs. At the October 241 h 2012 Commission meeting, referring to the results of the September 19, 2012 Land Use and Development meeting, the Commission voted to move the discussion of the Euclid Street End project to the full Commission with no recommendation, with a request for the information on all the projects on the capital projects list. At the May 8, 2013 Commission meeting the Commission voted to refer the project to the May 13, 2013 Finance and Citywide Projects Commission meeting for further discussion. At the May 13, 2013 Finance and Citywide Projects Commission Meeting the Committee requested a Letter to Commission (LTC) on the item and a Resolution for the June 5, 2013 Commission meeting. The LTC was distributed as requested by the FCWPC and the City Administration recommends that the Mayor and City Commission hereby conceptually approve the proposed plan, and authorize the City Administration to enter into further negotiations with the developec Financial Information: Source of Amount Account Funds: 1 Financial Impact Summary: Funding has been approved and is currently available in FY 2012/13, $416,820- 365 City Center RDA Capital Fund. islative Trackin MIAMI BEACH Assistant Ci KGB AGENDA ITEM _C___.;.7_R,__;__ DATE h-S"-\'~ COMMISSION MEMORANDUM j TO: Mayor Matti Herrera-Bower and e City Commission DATE: June 5, 2013 SUBJECT: A RESOLUTION OF THE MAY AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVIN THE CONCEPTUAL PLAN DEVELOPED FOR THE EUCLID AVENUE STREET END PROJECT ON LINCOLN ROAD; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO NEGOTIATIONS WITH THE DEVELOPER FOR AN AGREEMENT TO DESIGN AND BUILD THE PROJECT. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Ensure well designed quality capital projects Increase Community Satisfaction with City Services FUNDING FY 2012/13, $416,820 -365 City Center RDA Capital Fund. BACKGROUND This item was previously discussed at the July 10, 2012 Finance and Citywide Projects Commission Committee and subsequently referred to the September 19, 2012 Land Use and Development meeting for further discussion. At the Land Use and Development meeting, community members spoke in support of the project and the Committee requested the Administration provide an analysis of how other projects that are currently scheduled for future funding may be affected if the proposed Euclid Avenue Street End Project was not funded for FY 2012/13. This analysis was provided in the September 26, 2012 Euclid Avenue Street End Project Update letter to Commission. The FY 2012/13 Capital Improvement Plan for 2012/13 through 2016/17 was approved at the September 27, 2012 RDA meeting however the Euclid Avenue Street End Project was requested to return to commission for additional discussion. The City Commission requested a reevaluation of the priority of spending $416,820 on this project against other needs (additional police, shade structures, pavers on Lincoln Lane, ongoing maintenance etc). City Commission Memorandum Euclid Avenue Street End Project June 5, 2013 Page 2of3 At the October 24th 2012 Commission meeting, referring to the results of the September 19, 2012 Land Use and Development meeting, the Commission voted to move the discussion of the Euclid Street End project to the full Commission with no recommendation, with a request for the information on all the projects on the capital projects list. At the May 8, 2013 Commission meeting the Commission voted to refer the project to the May 13, 2013 Finance and Citywide Projects Commission meeting for further discussion. At the May 13, 2013 Finance and Citywide Projects Commission Meeting the Committee requested a Letter to Commission on the item and a Resolution for the June 5, 2013 Commission meeting. ANALYSIS The funding source in the adopted FY 2012/13 capital budget for the Euclid Avenue Street End project is City Center Redevelopment District Funds (City Center RDA). Most of the future projects beyond FY 2012/13 related to Lincoln Road are not large capital projects and fall into the renewal & replacemenUmaintenance category, with the only large capital project being $20 million for new lighting, pedestrian surfaces, street furnishings, milling/resurfacing and crosswalk enhancements of Lincoln Road over two years. • Lincoln Road Landscaping FY 14-2013/14-$150,000 • Lincoln Road Landscaping FY 15-2014/15-$150,000 • Lincoln Road Landscaping FY 16-2015/16-$150,000 • 400 Block Lincoln Road Site lmprov Wing -Future $150,000 • Lincoln Road Washington Ave to Lenox Ave -FY 2014/15 $10,000,000, 2014/16 $10,000,000 The Lincoln Road improvements will also include enhancements to the cross streets between from Washington Avenue to Lenox Avenue. As currently proposed, the Euclid Avenue Street End improvements do not conflict with any major capital enhancements affecting Lincoln Road, and takes advantage of a community supported public/private partnership in advance of projects such as the 16 Street Operational Improvements, the 1 ih Street Drexel and Pennsylvania Traffic New Signalization and the Lincoln Road Improvements from Washington Ave to Lenox Ave project. A map that provides the status of all capital projects (Public Works and CIP) for the City Center RDA including Lincoln Road is attached to provide an overview of the stages of development I completion of projects in the area for comparison. The change in property values in the City Center RDA will determine actual funding available, however since the Bass Museum Interior Expansion is programmed to be funded between FY 2013/14 and FY 2014/15 there is flexibility in meeting programmed funding needs in those years. Projects (the majority of which may be affected by the Convention Center Development) reflected in the future (beyond FY 2016/17) but not programmed for funding include: • Convention Center Lincoln Road Connecters-$10,000,000 • 1 ih Street Garage East Fac;ade Retail -$2,500,000 • 1 ih Street North Improvements Pennsylvania Avenue to Washington Avenue-$2,000,000 • Preferred Lot Parking Garage-$70,000,000 Note: These projects are not included in the attached map. City Commission Memorandum Euclid Avenue Street End Project June 5, 2013 Page 3 of3 Ongoing maintenance for the Euclid Avenue Street End Project after completion will be funded by Mr. Mel Schlesser. To address maintenance concerns of the proposed black and white striped sections within the project, these sections will have the colors imbedded\mixed into the concrete which will no uire repeated painting to maintain a suitable appearance. JLM/JGG/K AS/GPH T:IAGENDA\20136une 5\Euclid End of Street Project Memo-Commission June 5 2013.docx ISLAND AVE c:ICITY CENTER C!P PROJECT STATUS -AiC Procurement Pianning Area Design Area -Permitting i Biddrng Construction Area Completed Projects \ ,, ,,!'"+<.!' $'/', D~ W.ZH>,llJT :·o "'' ,,.. :,: J4TH ST & 14TH PL "' ~ <.· z <· s i;; z m <L uJ ~ uJ tl 0: 0 CENTER (RP 9A ROW) CITY CENTER RP 9R LINCOLN LANE NORTH N W~F s RD LANDSCAPING FY 14-16 41JO BLK LINCOLN RD SITE IMPROV WING LINCOLN RO WASHINGTON AVl'>LENOX AVE r--'--7j-{--jf+-------cOlUhiS5th TO 15th ROW GIS * ~ '> "'' Wi:fl RESOLUTION TO BE SUBMITTED COMMISSION ITEM SUMMARY Condensed Title: A Resolution Adopting the City's Five-Year (FY 2013-2017) Consolidated Plan for Federal Funds. Key Intended Outcomes Supported: Sustainability initiatives. Affordable housing for the labor force. Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2012 Community Satisfaction Survey, 66% of residents gave the City positive marks for its efforts to be a green or sustainable. 34% of businesses rated lack of affordable housing in Miami Beach for their labor force as their most important challenge. Issue: Shall the City adopt the Five-Year (FY 2013-2017) Consolidated Plan in substantially the attached form? Item Summary/Recommendation: The Five-Year (FY 2013-2017) Consolidated Plan is the City of Miami Beach's long-term plan on how it intends to use federal CDBG and HOME entitlement funds for fiscal years 2013/14 through 2017/18. This plan has been prepared in accordance with HUD's national guidelines and describes our community needs, resources, priorities, and proposed activities to be undertaken with CDBG and HOME funding. Actual detailed implementation strategies are not reflected in Five-Year Consolidated Plans, but are left to individual jurisdictions to undertake as outlined and adopted in their One-Year Action Plan, a HUD requirement which outlines the entitlement community's housing and non-housing community development needs, priorities, and proposed use of funds for the ensuing program year. Advisor Committee Recommendation: The Community Development Advisory Committee (CDAC) met and addressed these issues as follows: • January 24, 2013-met to discuss Five-Year (FY 2013-2017) Consolidated Plan: • May 1, 2013-heard 19 oral presentations from applicants for CDBG and HOME funding; • May 8, 2013-reviewed and recommended funding for FY 2013/2014 One-Year Action Plan; • A Public Meeting was held on May 8, 2013. A draft Five-Year (FY 2013-2017) Consolidated Plan was made available for a 30-day_ comment eriod from Ma 6, 2013 throu h June 4, 2013. Financial Information: Source of Amount Account Funds: 1 N/A 2 I I OBPI Total Financial Impact Summary: Federal CDBG and HOME funding will be allocated to the City of Miami Beach and the Cit~ will allocate the FY 2013-17 entitlements. City Clerk's Office Legislative Tracking: Maria Ruiz x6491 . MIAMI BEACH AGENDA ITEM ~C..._'1.:;,-c.5 __ DATE G. -S-l S m 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 June 5, 2013 \ A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FIVE-YEAR (FY2013-2017) CONSOLIDATED PLAN FOR FEDERAL FUNDS IN SUBSTANTIALLY THE ATTACHED FORM; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS AND TO SUBMIT THE FIVE-YEAR (FY2013-2017) CONSOLIDATED PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The Five-Year Consolidated Plan is a federal requirement for all U.S. Department of Housing and Urban Development (HUD) entitlement cities. The City of Miami Beach is a HUD-designated entitlement city, as determined by the decennial census information on population growth lag, over- crowding, age of housing stock, and poverty. The City of Miami Beach has been a Community Development Block Grant (CDBG) entitlement community since 1975. As an entitlement city, the City of Miami Beach automatically qualifies for an annual allocation of federal funding under HUD's grant programs. The annual allocation offunds, or One-Year Action Plan, is one component of the Five-Year Consolidated Plan. FIVE· YEAR CONSOLIDATED PLAN The current Five-Year (FY 2008-2012) Consolidated Plan was prepared in 2008 was prepared by a consultant at the cost of $35,000. In 2011, in preparation of the upcoming next five-year cycle, representatives of US HUD announced that the next round of five-year plans were to be created using HUD's Integrated Disbursement Information System (I DIS) program. Consequently, city staff attended HUD training and webinars. The attached proposed Five-Year (FY 2013-2017) Consolidated Plan was prepared by city staff using the I DIS program, as required. The proposed Five-Year (FY 2013-2017) Consolidated Plan is the City of Miami Beach's long-term plan on how it intends to use federal CDBG and HOME Investment Partnership Program (HOME) entitlement funds for fiscal years 2013/14 through 2017/18. This plan has been prepared in accordance with HUD's national guidelines and describes our community needs, resources, priorities, and proposed Commission Memorandum Five Year Consolidated Plan June 5, 2013 Page 2 of 2 activities to be undertaken with CDBG and HOME funding. This document must be submitted to HUD by August 15,2013. Actual detailed implementation strategies are not reflected in Five-Year Consolidated Plans, but are left to individual jurisdictions to undertake as outlined and adopted in the One-Year Action Plan, a HUD requirement which outlines the entitlement community's housing and non-housing community development needs, priorities, and proposed use of funds for the ensuing program year. As an entitlement community, funding comes to the City's Housing and Community Development Division to "develop viable urban communities by providing decent housing and a suitable living environment and expanding economic opportunities, principally for low-income and moderate income persons." The HOME Program, also funded by HUD, was started in 1992 to provide a block grant specifically for affordable housing. HUD allocates these funds "to strengthen public/private partnerships and to expand the supply of decent, safe, sanitary, and affordable housing with primary attention to rental housing, for very low-income families." CDBG funds have been primarily used to provide vital public services, housing activities, code enforcement, public facilities, youth centers, and senior centers, while HOME funds have been used for affordable rental housing activities and first time homeownership opportunities. CONCLUSION The Administration recommends that the Mayor and City Commission approve the attached resolution adopting the City's Five-Year (FY2013-2017) Consolidated Plan in substantially the attache T:\AGENDA\2013\June 5\Copy of Fed Consolidated & Action Plan Memo.doc RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FIVE-YEAR (FY2013-2017 ) CONSOLIDATED PLAN FOR FEDERAL FUNDS IN SUBSTANTIALLY THE ATTACHED FORM; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS AND TO SUBMIT THE FIVE-YEAR (FY2013-2017) CONSOLIDATED PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). WHEREAS, the City of Miami Beach is an entitlement recipient of federal formula HUD grant programs as follows: Community Development Block Grant (CDBG) funds, and HOME Investment funds (HOME), and the City expects to continue to receive entitlement funds from these grant programs to operate the City's housing and community development activities; and WHEREAS, the Five-Year Consolidated Plan is a federal requirement for all HUD entitlement cities; and WHEREAS, the attached Five-Year (FY 2013-2017) Consolidated Plan is the City's long-term plan on how it intends to use federal CDBG and HOME entitlement funds for Fiscal Years (FY) 2013/14 through 2017/18; and WHEREAS, this Plan has been prepared in accordance with HUD's national guidelines and describes our community needs, resources, priorities, and proposed activities to be undertaken with CDBG and HOME funding; and WHEREAS, actual detailed implementation strategies are not reflected in these plans, but are left to individual jurisdictions to undertake, as outlined and adopted in their One-Year Action Plan, which outlines the entitlement community's housing and non- housing community development needs, priorities, and proposed use of funds for the ensuing program year; and WHEREAS, a comprehensive planning phase was initiated by the City on March 28, 2013, when the City's Request for Proposals for CDBG, HOME and SHIP funds was made available to the public; and WHEREAS, a separate CDAC meeting was held on May 8, 2013 to review and discuss the Five-Year (FY2013-2017) Consolidated Plan; and WHEREAS, a public meeting was held on May 8, 2013, and a draft Five-Year (FY2008-2012) Consolidated Plan was made available to the public for a 30-day comment period from May 6, 2013, through June 4, 2013; and WHEREAS, while CDBG funds are primarily used to provide vital public services, housing activities, code enforcement, public facilities, youth centers and senior centers, HOME Program funds have been used for affordable rental housing activities and first time homeownership opportunities; and WHEREAS, the City Manager is the HUD designated agent for all formula grants, and executes the grant applications, the Agreements, and other applicable HUD documents on behalf of the City. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that Mayor and City Commission authorize the adoption of the Five Year (FY2013-2017) Consolidated Plan for Federal Funds, in substantially the attached form; and further authorize the City Manager to execute all applicable documents and to submit the Five-Year (FY2013- 2017) Consolidated Plan to the U.S. Department of Housing and Urban Development. PASSED AND ADOPTED this ___ day of-------' 2013. ATTEST: CITY CLERK T:\AGENDA\2013\June 5\Copy of Fed Consolidated & Action Plan Reso.doc MAYOR APPROVED AS TO FORM & LANGUAGe A FOR EXECUTlON City of Miami Beach Office of Real Estate, Housing and Community Development ATTACHMENT City of Miami Beach FY 2013 -2017 Consolidated Plan Table of Contents Executive Summary 1. The Process Lead & Responsible Agencies Consultation Citizen Participation 2. Needs Assessment Overview Housing Needs Assessment Disproportionately Greater Need: Housing Problems Disproportionately Greater Need: Severe Housing Problems Disproportionately Greater Need: Housing Cost Burdens Disproportionately Greater Need: Discussion Public Housing Homeless Needs Assessment Non-Homeless Special Needs Assessment Non-Housing Community Development Needs 3. Market Analysis Overview Number of Housing Units Cost of Housing Condition of Housing Public and Assisted Housing Homeless Facilities Special Needs Facilities and Services Barriers to Affordable Housing Non-Housing Community Development Assets Needs and Market Analysis Discussion 1 4 11 37 4. Strategic Plan Overview Geographic Priorities Priority Needs Influence of Market Conditions Anticipated Resources Institutional Delivery Structure Goals Public Housing Accessibility and Involvement Barriers to affordable housing Homelessness Strategy Lead based paint Hazards Anti-Poverty Strategy Monitoring Appendices Eligible Block Group Map Demographic and Housing Data 59 Miami-Dade County People Living with HIV/Aids Through 2012 Map Executive Summary ES-05 Executive Summary 1. Introduction The City of Miami Beach's FY 2013-2017 Consolidated Plan represents and summarizes the objectives and outcomes identified by citizens, advisory committees, public service providers, community development corporations and City staff. The overall goal of the community planning and development programs covered by this plan is to develop and redevelop viable urban communities by: 1. Providing decent housing and a suitable living environment and expanding economic opportunities principally for low-and moderate-income persons. The primary means towards this end is to extend and strengthen partnerships among all levels of government and the private sector, including for-profit and non-profit organizations, in the production and operation of affordable housing. Decent housing includes assisting homeless persons to obtain appropriate housing and assisting persons at risk of becoming homeless; retention of the affordable housing stock; and increasing the availability of permanent housing in standard condition and affordable cost to low-income and moderate-income families, particularly to members of disadvantaged minorities, without discrimination on the basis of race, color, religion, sex, national origin, familial status, or disability. Decent housing also includes increasing the supply of supportive housing, which combines structural features and services needed to enable persons with special needs, including persons with HIV/AIDS and their families, to live with dignity and independence; and providing housing affordable to low-income persons accessible to job opportunities. 2.) Providing a suitable, sustainable living environment includes improving the safety and livability of neighborhoods; increasing access to quality public and private facilities and services; reducing the isolation of income groups within a community or geographical area through the spatial deconcentration of housing opportunities for persons of lower income and the revitalization of deteriorating or deteriorated neighborhoods; restoring and preserving properties of special historic, architectural, or aesthetic value; and conservation of energy resources. 3.) Expanding economic opportunities includes job creation and retention; establishment, stabilization and expansion of small businesses (including microbusinesses); the provision of public services concerned with employment; the provision of jobs involved in carrying out activities under programs covered by this plan to low-income persons living in areas affected by those programs and activities; availability of mortgage financing for low-income persons at reasonable rates using nondiscriminatory Consolidated Plan Rev 51713 OMB Control No: 2506·0117 (exp. 07/31/2015} MIAMI BEACH 1 lending practices; access to capital and credit for development activities that promote the long-term economic and social viability of the community; and empowerment and self-sufficiency opportunities for low-income persons to reduce generational poverty in federally assisted and public housing. Our Mission We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community. Our Vision The City of Miami Beach will be: • Cleaner and Safer; • More Beautiful and Vibrant; • A Mature, Stable Residential Community with Well-improved Infrastructure; • A Unique Urban and Historic Environment; • A Cultural, Entertainment, Tourism Capital; and • An International Center for Innovation in Culture, Recreation and Business. 2. Summary of the objectives and outcomes identified in the Plan Needs Assessment Overview Objectives and outcomes identified in the Plan include: • Public Facilities and Improvements • Senior Centers • Drainage improvements • Public Services • Youth services • Senior services • Childcare • Homeless services • HIV/AIDS services • Housing • Construction of housing • Homeownership Assistance • Energy Efficiency Improvements • Multi-Family Rental Rehabilitation • Code Enforcement • Economic Development Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 2 3. Evaluation of past performance The City has met frequently with the Community Development Advisory Committee (CDAC) and the Affordable Housing Advisory Committee to evaluate the past performance of activities and agencies funded by the City. Activities funded by the City benefited low and moderate income individuals, households and neighborhoods. In order to meet the needs of low and moderate income youth, a new Boys and Girls Club Center is being built in the South Beach Target Area. In order to meet the needs of low and moderate income seniors, the Jewish Community Services Senior Center is being renovated and a new Senior Center was built in the North Beach Target Area. In FY 2011/12 CDBG funds provided public service funds that benefited 5,855 people. Finally, Miami Beach CDC has rehabilitated/built over 500 units of affordable housing since 1998. 4. Summary of citizen participation process and consultation process The City consulted with CDAC, AHAC, the Miami-Dade Homeless Trust, public service providers and community development corporations to identify outcomes and objectives in the Plan. 5. Summary of public comments An ad was placed in the Miami Herald on May 5, 2013 announcing a 30 day comment period. A public meeting was held on May 8, 2013. 6. Summary of comments or views not accepted and the reasons for not accepting them There were no comments or views that were not accepted, 7. Summary The City of Miami Beach's FY 2013-2017 Consolidated Plan represents summarizes the objectives and outcomes identified by citizens, advisory committees, public service providers, community development corporations and city staff. The City consulted with CDAC, AHAC, the Miami-Dade Homeless Trust, public service providers and community development corporations to identify outcomes and objectives in the Plan. The City will leverage its entitlement funds with other government funding and private sector financing to meet the outcomes and objectives in the Plan. Consolidated Plan Rev 51713 OMB Control No: 2S06-0117 (exp. 07/31/2015) MIAMI BEACH 3 The Process PR-OS Lead & Responsible Agencies 1. Agency/entity responsible for preparing/administering the Consolidated Plan The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/ Agency Lead Agency City of Miami Beach Real Estate, Housing and Community Development I I Table 1 -Responsible Agencies Consolidated Plan Public Contact Information Brian Gillis, Community Development Coordinator, 305-673-7000 x 6120, briangillis@miamibeachfl.gov Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 4 PR-10 Consultation 1. Introduction The City consulted with the Community Development Advisory Committee (CDAC), the Affordable Housing Advisory Committee (AHAC), City departments, subrecipients, the Miami-County Homeless Trust to identify high priority housing and community development needs. Summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies The City enhanced coordination between public and assisted housing providers and private and governmental health, mental health and service agencies by meeting with the following entities: • Housing Providers • The Housing Authority of the City of Miami Beach • Miami Beach CDC • Douglas Gardens • Public Service Providers • UNlOAD • Boys and Girls Clubs of Miami Dade County • Food for Life • Jewish Community Services • Little Havana Activities Nutrition Center • Homeless Service Providers • The Miami-Dade County Homeless Trust • Citrus Health Network, Inc. Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 5 Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness The Miami-Dade County Homeless Trust (Trust) serves as the lead agency for the Miami-Dade County Continuum of Care (CoC) structure. It is governed by the Miami-Dade County Homeless Trust Board, it is comprised of a 27-member, broad-based membership, including the City of Miami Beach, representing numerous sectors of our community. The board uses recommendations from its sub-committees, as well as recommendations from Homeless Trust staff and feedback from community meetings with providers to guide policy development for the CoC, including funding and project prioritization. This structure allows for a clear and transparent CoC leadership structure, participation of all stakeholders in the decision making process for funding and priorities and a coordinated response targeted toward strategic solutions to ending homelessness in Miami-Dade County. Each year the Trust's CoC Sub-Committee identifies the community's homeless housing and services needs. The process involves extensive input from the community, including surveys of homeless persons and input from homeless providers, as well as public comment meetings, and review and approval by the Homeless Trust Board; all meetings are publicly noticed. This resulted in the following 2012 funding priorities: 1) Permanent housing for individuals or families experiencing chronic homelessness, veterans (individuals or families), and families with children. 2) Transitional Housing for -individuals or families experiencing chronic homelessness, veterans (individuals or families), and families with children. 3) Safe Havens, 4) Services Only-including outreach and the Homeless Management Information System (HMIS). The City of Miami Beach, Homeless Services Division provides homeless outreach, partially funded by the Trust, to those homeless in the City of Miami Beach in accordance with the Trust's Outreach, Assessment and Placement model. The model provides a standardized procedure for homeless persons to access the continuum of care and ensures they access services appropriate to their individual needs. The outreach teams also participate in the coordinated outreach process, another program funded by the Homeless Trust, which provides behavioral health outreach workers who work alongside regular outreach workers targeting chronically homeless persons. The coordinated outreach process brings together all the CoC outreach teams, including the Veterans Administration, once a month to discuss issues encountered, as well as discussing referrals to low demand, Housing First permanent housing program for the chronically homeless to be placed directly into from the street. Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015} MIAMI BEACH 6 Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards and evaluate outcomes, and develop funding, policies and procedures for the administration of HMIS The City of Miami Beach does not receive ESG funding, but does coordinate with the Miami-Dade County Homeless Trust to prioritize ESG objectives which currently are emergency shelter, homeless prevention and rapid re-housing. Priorities will be evaluated annually and take into account performance standards and outcomes. The Homeless Trust is currently developing a centralized assessment tool to capture data on all clients accessing services. HMIS is administered county-wide by the Homeless Trust. Providers who receive Trust funding are required to utilize the system and are provided individual user licenses, technical assistance and training related to the HMIS system. Among many of its functions, the system is used to generate reports on monthly and annual progress, provide point in time information, and conduct referrals from one program to another in accordance with both Homeless Trust and HUD policies and procedures. 2. Agencies, groups, organizations and others who participated in the process and consultations Agency/Group/Organization Agency/Group/Organization Type MIAMI BEACH CDC Housing Neighborhood Organization UNIDAD OF MIAMI BEACH, Services-Children INC. Services-Elderly Persons Services-Persons with Dis a bi I ities Services-Persons with HIV/AIDS Services-Victims of Domestic Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015} What section of the How was the Agency/Group/Organization consulted Plan was addressed and what are the anticipated outcomes of the by Consultation? consultation or areas for improved coordination? Housing Need Agency was consulted during the update of their Assessment Strategic Plan. Homeless Needs -Chronically homeless Market Analysis Economic Agency was consulted during the non housing Development community development needs assessment. Anti-poverty Strategy Non Housing Need Assessment ---MIAMI BEACH 7 Agency/Group/Organization Agency/Group/Organization What section of the How was the Agency/Group/Organization consulted Type Plan was addressed and what are the anticipated outcomes of the by Consultation? consultation or areas for improved coordination? Violence Services-homeless Services-Health Services-Education Services-Employment Service-Fair Housing Neighborhood Organization Jewish Community Services Services-Elderly Persons Homelessness Agency was consulted during the non-housing needs of South Florida, Inc Services-Persons with Strategy assessment process. Disabilities Non housing need Services-homeless assessment Regional organization Housing Authority of the City Housing Housing Need The HACMB was consulted during the housing needs of Miami Beach Assessment assessment process. Public Housing Needs Boys & Girls Clubs of Miami-Services-Children Anti-poverty Strategy Agency was consulted during the non-housing needs Dade Regional organization Non Housing Need assessment. Assessment LITTLE HAVANA ACTIVITIES Services-Children Anti-poverty Strategy Agency was consulted during the non-housing needs AND NUTRITION CENTERS Regional organization Non Housing Need assessment. OF DADE COUNTY,INC Assessment .................................. -···· Table 2-Agencies, groups, organizations who participated Identify any Agency Types not consulted and provide rationale for not consulting NA Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 8 Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Miami-Dade County Homeless Provided the Point-In-Time Count data, 10 Year Plan to End Homelessness, Trust Continuum of Care Housing Gap Analysis and Housing Population, Comprehensive Plan City of Miami Beach The Housing Element identifies housing goals, objectives and policies. Local Housing Assistance City of Miami Beach/RHCD The LHAP identifies affordable housing strategies. Plan (LHAP) 2012 Community City of Miami Beach The Strategic Plan includes the City's Mission Statement, Vision Statement, Value Satisfaction Survey Statements, and Key Intended Outcomes. HACMB Five Year Plan The Housing Authority of the One of the goals of the Strategic Plan is to provide affordable housing. City of Miami Beach ··········································-Table 3-Other local/ regional/ federal planning efforts Describe cooperation and coordination with other public entities, including the State and any adjacent units of general local government, in the implementation of the Consolidated Plan {91.215(1)) The City cooperated and coordinated with other public entities, including the State and adjacent units of general local government in the implementation of the Consolidated Plan. The City plans to leverage its CDBG and HOME funds with State of Florida SHIP funds, and Miami-Dade County CDBG, HOME and SURTAX funds. Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 9 Mode of Outreach of Outreach Public Meeting 1 Non-targeted/broad Non-targeted/broad Consolidated Plan Rev 517 13 OMB Control No: 2506-0117 (exp. 07/31/2015) mmary of response/attendance mmary of comments received CDAC meetings were held on The Committee 24, May 1, May 8, and identified May 13, 2013. priorities for the Consolidated Plan. An ad was placed in the Miami I No comments Herald on 5, 2013 for a 30 dav received. comment period. No responses. Table 4-Citizen No comments received. Outreach MIAMI BEACH of comments not and reasons ---·· ----+--~ Comments were www.miamibeachfl.gov accepted and included in the Consolidated Plan. NA NA NA 10 Needs Assessment NA-05 Overview Needs Assessment Overview AHAC, CDAC, the Committee on the Homeless, subrecipients and City staff identified the following housing and community development needs: • Public Facilities and Improvements • Senior Centers • Flood Drainage Improvements • Operating Costs of Homeless Programs • Public Services • Youth services • Senior services • Childcare services • Homeless services • Services for people with HIV/AIDS • Housing • Construction of Housing • Homeownership Assistance • Energy Efficiency Improvements • Rehabilitation: Multi-unit Residential • Code Enforcement • Economic Development Consolidated Plan Rev 51713 MIAMI BEACH OMB Control No: 2S06-0117 (exp. 07/31/2015) 11 NA-10 Housing Needs Assessment Summary of Housing Needs There are a total of 20,050 low to moderate-income households in Miami Beach, representing nearly 45% of the total households. Given the overall strength of property values, it creates significant cost burden and overcrowding problems. Many large lower income households are forced into rental communities with limited options for affordable units with 3 or more bedrooms. Data in this section has been provided by US HUD. Once new data is made available, the Plan will be updated. Additional data is provided by a Housing Study Update which was completed by a consultant in May, 2012. Demographics 2000 Census (Base Year) 2005-2009 ACS (Most Recent Year) Population 87,933 Households 59,723 Median Income $27,322.00 Table 5 -Housing Needs Assessment Demographics Data Source: 2005-2009 ACS Data 2000 Census (Base Year) 2005-2009 ACS (Most Recent Year) Number of Households Table Total Households * Small Family Households* Large Family Households* Household contains at least one person 62-74 years of age Household contains at least one person age 75 or older Households with one or more children 6 years old or younger* --,..-•• % i . SD-80% IAI\ .. r-1 HAMFI HAMFI 7,415 5,2 7,350 1,070 1,325 2,180 30 85 165 1,225 765 815 2,490 1,250 795 515 345 630 87,677 44,593 $41,892.00 >80-100% HAMFI 4,250 7,760 825 375 475 2,500 *the highest income category for these family types is >80% HAMFI Data Source: 2005-2009 CHAS Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) Table 6 -Total Households Table MIAMI BEACH %Change -0% -25% 53% A""FI ., 1s:l0 1,435 12 Housing Needs Summary Tables for several types of Housing Problems 1. Housing Problems (Households with one of the listed needs) 0-30% AMI Substandard Housing-Lacking complete plumbing or kitchen facilities 95 Severely Overcrowded -With >1.51 people per room (and complete kitchen and plumbing) 275 Overcrowded -With 1.01-1.5 people per room (and none ofthe above problems) 35 Housing cost burden greater than 50% of income (and none of the above problems) 2,795 Housing cost burden greater than 30% of income (and none of the above problems) 880 Zero/negative Income (and none of the above problems) 430 Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) Renter >30-50% >50-80% >80-100% AMI AMI AMI 145 165 35 410 425 105 110 205 125 1,995 1,040 120 650 2,840 890 0 0 0 MIAMI BEACH Owner Total 0-30% >30-50% >50-80% >80-100% Total AMI AMI AMI AMI 440 40 20 0 0 60 1,215 0 60 40 45 145 475 0 0 0 10 10 5,950 1,155 910 910 485 3,460 5,260 220 460 470 255 1,405 430 340 0 0 0 340 13 Table 7-Housing Problems Table Data Source: 2005-2009 CHAS 2. Housing Problems 2 (Households with one or more Severe Housing Problems: Lacks kitchen or complete plumbing, severe overcrowding, severe cost burden) Having 1 or more of four housing problems one of four housing problems hold has negative income, but none Data Source: 2005-2009 CHAS 3. Cost Burden > 30% r I need by income Data Source: 2005-2009 CHAS Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) 0-30% I AMI 3,200 1,970 I 43o I 3,255 Renter >30->50->80-50% 80% 100% AMI AMI AMI 2,660 1,840 380 925 3,690 2,480 ol ol ol Table 8 -Housing Problems 2 2,585 5,770 11,545 Table 9-Cost Burden > 30% MIAMI BEACH Owner Total 0-30% >30->50->80-AMI 50% 80% 100% AMI AMI AMI 8,080 1,195 995 950 5 9,065 270 43o I 340 I Ol 01 0 Owner %AMI I >30-50% >50-80% 1 AMI AMI 140 245 375 0 0 30 865 1,010 370 200 1,375 1,455 I 1,405 I 14 I Total Total 4,235 4. Cost Burden> 50% 0-30%AMI Small Related 700 Large Related 30 Elderly 870 r 1,530 3,130 Data Source: 2005-2009 CHAS Housh-.~ autd-<1.138~ Pi*yfng>30% 3.65·4422.~ Pavirm>30~ 44.32-72.73~'4> ~,,;_.,.~n: >7::t.73~ Paying:>30% Housing Cost Burden Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) >30-50% AMI 830 30 365 1,245 2,470 Renter >50-80% l Total >30-50% Total AMI AMI 2o5 1 1,735 200 590 -0 30 101 70 30 1 635 345 61 160 295 995 920 3,070 Table 10-Cost Burden > 50% MIAMI BEACH 15 5. Crowding (More than one person per room) Renter 0-30% I >30-50% I >50-80% I >80-Total AMI AMI AMI 100% Single family households I Multiple, unrelated family households ther, non-family households tal need by income Data Source: 2005-2009 CHAS Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) 21s I 30 65 310 AMI 46s I 4so I 205 1,365 30 75 0 135 25 115 35 240 520 670 240 1,740 Table 11-Crowding Information MIAMI BEACH Owner 0-30% >30-50% >50-80% >80-Total AMI AMI AMI 100% AMI 0 60 40 55 155 0 0 Ol 0 0 0 0 0 0 60 40 I 5 16 What are the most common housing problems? The most common housing problems are cost burden and overcrowding. Affordability of available housing in both owner and rental markets is the most common problem. Are any populations/household types more affected than others by these problems? In Miami Beach lower income residents, larger families, elderly residents, and minorities are more affected by housing problems. Neither renters nor owners are exempt from experiencing the affects of housing cost burden. More than 25% of total households have an income cost burden greater than 30%; and nearly 15% of households have an income cost burden greater than 50%. Overcrowding is primarily experienced by renters. Most available affordable rental properties are apartments/condominiums and are limited in square footage and the number of bedrooms. Describe the characteristics and needs of Low-income individuals and families with children (especially extremely low-income) who are currently housed but are at imminent risk of either residing in shelters or becoming unsheltered 91.205(c)/91.305(c)). Also discuss the needs of formerly homeless families and individuals who are receiving rapid re-housing assistance and are nearing the termination of that assistance Characteristics and needs of low income individuals and families with children who are currently housed but are at imminent risk of either residing in shelters or becoming unsheltered include loss of employment, underemployment and lack of access to affordable child care. If a jurisdiction provides estimates of the at-risk population(s), it should also include a description of the operational definition of the at-risk group and the methodology used to generate the estimates: Data sources to generate the estimates include the Continuum of Care Plan and HMIS reports. Specify particular housing characteristics that have been linked with instability and an increased risk of homelessness Cost burden has been linked with instability and an increased risk of homelessness. Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 17 Discussion It is important to stress that cost burden poses a significant deterrent to providing appropriate housing for both renters and owners. Nearly 45% of all households are at or below 80% AMI and nearly 17% of all households are at, or below, 30% AMI, represented by a significant number of elderly residents. Half of the households at or below 30% AMI have a household member over 62 years of age; and 33% of those households have a member over 75 years of age. This means a significant number of households may be on fixed income and unable to keep up with the rising cost of properties. Miami Beach has enjoyed a real estate market that has retained strong market values despite the general downturn in the national real estate market. This fact creates limitations on homeownership opportunities. Virtually all of the single-family homes are financially inaccessible by households that are even at 100% AMI. Ownership is generally left to the acquisition of a condominium; and even that is prohibitive in many of the properties. This issue has created a "double-edged sword" for the City as it struggles with providing affordable housing without negatively impacting rising property values. Overcrowding is also a housing problem on Miami Beach. This is a more significant problem in the rental market than the ownership market. Many of the available rental multifamily properties on Miami Beach are apartments or condominiums with limited square footage and bedrooms. Most are efficiencies, one, and two-bedroom. This creates a significant problem for a large number of families that require 3 or more bedrooms. Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 18 NA-15 Disproportionately Greater Need: Housing Problems Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs ofthat category of need as a whole. Introduction Miami Beach residents with the greatest need for housing assistance are those households that experience housing cost burden and those that experience overcrowding. According to the CHAS data, Hispanic households make up 59% of the 18430 households that have at least one housing problem, followed by White households at 36%, and Black households at 3%. However, within each of those ethnic groups, approximately 77% of that group's total households have at least one housing problem. 0%-30% of Area Median Income Housing Problems Has one or more of Has none of the Household has four housing four housing no/negative problems problems income, but none of the other housing problems I Jurisdiction as a whole 5,495 1,145 770 I White 1,840 320 335 -~ Black I African American 130 0 75 Asian 35 0 90 1-\llrt::r 11..dn Indian, Alaska Native 0 0 0 I Pacific Islander 0 0 0 1 Hispanic 3,380 825 240 Table 12 -Disproportionally Greater Need 0-30% AMI Data Source: 2005-2009 CHAS *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30% 30%-50% of Area Median Income Housing Problems I Jurisdiction as a whole Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) Has one or more of four housing problems 4,770 MIAMI BEACH Has none of the Household has four housing no/negative problems income, but none of the other housing problems 515 0 19 Housing Problems Has one or more of Has none of the Household has four housing four housing no/negative problems problems income, but none of the other housing problems White 1,260 95 0 Black I African American 75 0 0 75 0 0 American Indian, Alaska Native 0 0 0 Pacific Islander 0 0 0 Hispanic 3,220 405 0 Table 13 -Disproportionally Greater Need 30-50% AMI Data Source: 2005-2009 CHAS *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30% 50%-80% of Area Median Income Housing Problems Has one or more of Has none of the Household has four housing four housing no/negative problems problems income, but none of the other housing problems Jurisdiction as a whole 6,100 1,250 0 White 2,485 330 0 Black I African American 285 0 0 Asian 45 65 0 American Indian, Alaska Native 0 0 0 Pacific Islander 0 0 0 Hispanic I 855' 0 Table 14-Disproportionally Greater Need SO-80% AMI Data Source: 2005-2009 CHAS *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30% Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 20 80%-100% of Area Median Income Housing Problems Has one or more of Has none of the Household has four housing four housing no/negative problems problems income, but none of the other housing problems ion as a whole 2,065 White 970 8 Black I African American 25 75 ! • . 0 55 j 1-\:0idll American Indian, Alaska Native 0 40 Pacific Islander 0 0 Hispanic 1,070 1,105 Table 15 -Disproportionally Greater Need 80-100% AMI Data Source: 2005-2009 CHAS *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30% Discussion Although it can be seen that within the three largest racial/ethnic groups that there is a similar experience with regard to at least one housing problem; examination by the level of income uncovers more of a disparity. Hispanic households that have income of less than 30% AMI; represent 61% of the households with at least one housing problem within that income category. 0 0 0 0 0 0 0 Consolidated Plan Rev 51713 MIAMI BEACH 21 OMB Control No: 2506-0117 (exp. 07/31/2015) NA-20 Disproportionately Greater Need: Severe Housing Problems Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole. Introduction Severe housing problems are generally defined as those households that experience overcrowding and cost burdens of more than 50% of income. Those households with lower income generally experience a disproportionately greater housing need. Hispanic households make up 59% of the 11760 households that have at least one severe housing problem, followed by White households at 35%, and Black households at 3%. Within each of these ethnic groups, approximately 49% of that group's total households have at least one severe housing problem. 0%-30% of Area Median Income Housing Problems Has one or more of Has none of the Household has four housing four housing no/negative problems problems income, but none of the other housing problems Jurisdiction as a whole A "'"" 2,240 770 '+,::>::1:1 White , 500 335 Black I African American 130 0 75 Asian 35 0 90 American Indian, Alaska Native 0 0 0 Pacific Islander 0 0 0 Hispanic 2,505 1,705 240 Table 16-Severe Housmg Problems 0 -30% AMI Data Source: 2005-2009 CHAS *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over SO% 30%-50% of Area Median Income Housing Problems Jurisdiction as a whole Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) Has one or more of four housing problems 3,655 MIAMI BEACH Has none of the Household has four housing no/negative problems income, but none of the other housing problems 1,630 0 22 Housing Problems Has one or more of Has none of the Household has four housing four housing no/negative problems problems income, but none of the other housing problems White 1,005 0 Black I African American 30 5 0 Asian 65 15 0 American Indian, Alaska Native 0 0 0 Pacific Islander 0 0 0 Hispanic 2,425 1,205 0 Table 17-Severe Housing Problems 30-50% AMI Data Source: 2005-2009 CHAS *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50% 50%-80% of Area Median Income Housing Problems Has one or more of Has none of the Household has four housing four housing no/negative problems problems income, but none of the other housing problems urisdiction as a whole 'J 7QO 4,560 0 Nhite 1,120 1,695 0 lack I African American 145 135 0 Asian 10 100 0 American Indian, Alaska Native 0 0 0 Pacific Islander 0 0 0 Hispanic 1,485 2,625 0 Table 18-Severe Housing Problems 50 -80% AMI Data Source: 2005-2009 CHAS *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50% Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 23 80%-100% of Area Median Income Housing Problems Has one or more of Has none of the Household has four housing four housing no/negative problems problems income, but none of the other housing problems Jurisdiction as a whole 920 3,325 White 370 1,445 Black I African American 10 90 Asian 0 55 American Indian, Alaska Native 0 40 Pacific Islander 0 0 Hispanic 550 1,630 Table 19-Severe Housing Problems 80 -100% AMI Data Source: 2005-2009 CHAS *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3, More than 1.5 persons per room, 4.Cost Burden over 50% Discussion Again, although it can be seen that within the three largest racial/ethnic groups that there is a similar experience with regard to at least one severe housing problem; examination by the level of income uncovers more of a disparity. Hispanic households that have income of less than 30% AMI, represent nearly 57% of the households with at least one severe housing problem within that income category, 0 0 0 0 0 0 0 Consolidated Plan Rev 51713 MIAMI BEACH 24 OMB Control No: 2506-0117 (exp. 07/31/2015) NA-25 Disproportionately Greater Need: Housing Cost Burdens Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole. Introduction There are two important factors when measuring affordability: income and housing price. Cost burden is considered a problem when housing cost exceeds 30% of income, and a severe problem when the cost burden exceeds SO%. According to the CHAS data, 2280S households experience housing cost burden, which is SO% oftotal households. Housing Cost Burden Housing Cost Burden <=30% 30-50% >50% No I negative income (not computed) Jurisdiction as a whole 20,93S 10,99S 11,810 8SO White 11,08S 4,910 4,66S 410 Black I African American 24S 26S 2S5 75 Asian 335 145 110 90 American Indian, Alaska I Native 75 0 0 0 Pacific Islander 0 0 0 0 Hispanic 8,840 5,605 6,525 240 Table 20-Greater Need: Housing Cost Burdens AMI Data Source: 2005-2009 CHAS Discussion According to the CHAS data, Hispanic households make up 53% of the 22805 households that have a housing cost burden problem, followed by White households at 42%, and Black households at 2%. However, within each of those ethnic groups, approximately 50% of that group's total households have a housing cost burden problem. Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 25 NA-30 Disproportionately Greater Need: Discussion Income categories in which a racial or ethnic group has disproportionately greater need With regards to housing problems versus severe housing problems, the data delivers similar results for each category on Miami Beach. The Hispanic population represents the largest share of the affected population. This ethnic group comprises more that SO% of the total population of Miami Beach. Nearly 60% of Hispanics are impacted by at least one or more of the housing problems, which suggests that housing has an overall impact on 35% of the City's total population, while considering only one ethnic group. The only other large group is the White population, which comprises more than 30% of the total. Its representation in the data with regards to being impacted by at least one housing problem is just slightly more than its population size. The Black/African American population is the largest of the other racial/ethnic groups, comprising about 4% of the total population, and representing approximately 3% of the population affected by at least one housing problem, depending on the percentage of AMI level. Needs not previously identified NA Are any of those racial or ethnic groups located in specific areas or neighborhoods in your community? Many of the Hispanic and Black residents are located in the North Beach and South Beach neighborhoods, which are community development target areas. Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 26 NA-35 Public Housing Introduction The households that are in need of available public housing are faced with a twofold problem; a limited number of property options and incomes that fall into the extremely low category. Furthermore, many of these households have a family member with disabilities and therefore require an accessible unit. Also many households require larger units, which are limited in supply. Totals in Use Program Type Certificate Mod-Public Rehab Housing Total Project-Tenant-Special Purpose Voucher based based Veterans Family Disabled Affairs Unification * Supportive Program Housing #of units vouchers in use 0 126 196 2,802 10 2,604 183 0 *includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five year, and Nursing Home Transition Table 21 -Public Housing by Program Type Data Source: PIC {PIH Information Center) Characteristics of Residents Program 1 ype Certificate Mod-Public Rehab Housing Total Project-Tenant-Special Purpose Voucher 0 based based Veterans Family Disabled Average Annual Income Average length of stay Average Household size Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) 0 9,229 0 6 0 1 9,733 11,333 10,193 8 7 2 1 1 2 MIAMI BEACH Affairs Unification * Supportive Program Housing 11,222 12,666 0 0 7 0 0 0 1 1 0 0 27 Program Type Certificate Mod-Public Rehab Housing Total Project-Tenant-based based #Homeless at admission 0 0 1 143 6 24 #of Elderly Program Participants (>62) 0 111 195 1,299 3 1,262 #of Disabled Families 0 13 1 664 4 590 #of Families requesting accessibility features 0 126 196 2,802 10 2,604 #of HIV/AIDS program participants 0 0 0 0 0 0 # of DV victims 0 0 0 0 0 0 *includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five_year, and Nursing Home Transition Table 22-Characteristics of Public Housing Residents by Program Type Data Source: PIC (PIH Information Center) Race of Residents Race Certificate White 0 Black/African American 0 Asian 0 ~"""'-........................... Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) Mod-Rehab 118 8 0 ---Program Type Public Housing Total Project-Tenant-based based 188 2,004 7 1,933 8 793 3 666 0 3 0 3 MIAMI BEACH Special Purpose Voucher Veterans Family Disabled Affairs Unification * Supportive Program Housing 113 0 0 34 0 0 70 0 0 183 0 0 0 0 0 0 0 0 Special Purpose Voucher Veterans Family Disabled Affairs Unification * Supportive Program Housing 59 0 0 124 0 0 0 0 0 28 t'TO!Sfiim I 'f!Jli! Race Certificate Mod-Public Rehab Housing Total Project-Tenant-based based American Indian/Alaska Native 0 0 0 2 0 2 Pacific Islander 0 0 0 0 0 0 Other 0 0 0 0 0 0 *includes Non-Elderly Disabled, Mainstreall191'1E!:Xear, Mainstrea111Fiv~,.,year, and Nursing Home Transition Table 23-Race of Public Housing Residents by Program Type Data Source: PIC (PIH Information Center) Ethnicity of Residents rrogram 1 ype Race Certificate Mod-Public Rehab Housing Total Project-Tenant-based based Hispanic 0 122 182 1,848 7 1,808 Not Hispanic 0 4 14 954 3 *includes Non~Elderly[)isabfed, Mainstream One-Year, IVJainstreall1 Five~v~aar!<JI'ld ""'':"'"fi Home Transition Data Source: PIC (PIH Information Center) Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) Table 24-Ethnicity of Public Housing Residents by Program Type MIAMI BEACH 796 Special Purpose Voucher Veterans Family Disabled Affairs Unification * Supportive Program Housing 0 0 0 0 0 0 0 0 0 J Special Purpose Voucher Veterans Family Disabled Affairs Unification * Supportive Program Housing 28 0 0 155 0 0 29 Section 504 Needs Assessment Needs of public housing tenants and applicants on the waiting list for accessible units The most immediate need is the availability of accessible units. The Rebecca Towers South development contains ten Section 504 accessible units and is in compliance with Section 504 UFAS accessibility requirements. Most immediate needs of residents of Public Housing and Housing Choice voucher holders The waiting list for Rebecca Towers South consists of 679 applicants, of which 99% are extremely low income. The waiting list consists of 67 applicants with disabilities, equivalent to ten percent. The waiting list for the Section 8 Housing Choice Voucher Program consists of 1871 applicant households. How do these needs compare to the housing needs of the population at large The public housing tenants/Housing Choice Voucher holders and applicants on the waiting list for accessible units have a greater need than the population at large due to housing options limited by their low incomes and the City's low vacancy rate. Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 30 NA-40 Homeless Needs Assessment Introduction The information in the table below is derived from the January 24, 2013 Point-In-Time count conducted in Miami-Dade County. County data is applied to this chart. The estimates in the right hand columns are not currently available from the PIT count; these estimates were derived from HMIS. Where data does not appear in the column; there is no data available. Homeless Needs Assessment Population Estimate the # of persons Estimate the# Estimate the# Estimate the # Estimate the # experiencing homelessness experiencing becoming exiting of days persons on a given night homelessness homeless homelessness experience each year each year each year homelessness Sheltered Unsheltered Persons in Households with Adult(s) and Child(ren) 421 0 0 0 0 0 Persons in Households with Only Children 31 0 0 0 0 0 • Persons in Households with Only Adults Chronically Homeless Individuals Chronically Homeless Families Veterans Unaccompanied Child Persons with HIV """"""""""""'"-····················································------""""""""-......... Data Source Comments: Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) • 1,615 839 0 0 0 0 194 547 0 0 0 5 2 0 0 0 0 0 193 60 0 0 0 0 122 7 0 0 0 0 89 24 0 0 0 0 ··························--· L ...... ~"""-•••••• Table 25 -Homeless Needs Assessment MIAMI BEACH 31 Population includes Rural Homeless: none Jurisdiction's Rural Homeless Population None: the City of Miami Beach is an urban municipality and rural homeless statistics are not applicable. For persons in rural areas who are homeless or at risk of homelessness, describe the nature and extent of unsheltered and sheltered homelessness with the jurisdiction Based on data collected during the January 2013 Point-In-time Count the homeless in the City of Miami Beach 67 percent are white, 22 percent are black and 11 percent were unknown. Of all homeless, 49 percent are Anglo, 18 percent are Hispanic, 17 percent are African American, 15 percent were either other or unknown. If data is not available for the categories "number of persons becoming and exiting homelessness each year," and "number of days that persons experience homelessness," describe these categories for each homeless population type (including chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth): The January 24, 2013 Point-In-Time Count resulted in 3,734 sheltered and unsheltered homeless people in Miami-Dade County. Of that number, 839 were unsheltered. The City of Miami Beach had the second highest homeless concentration in the county with a count of 138 people. Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015} MIAMI BEACH 32 Nature and Extent of Homelessness by Racial and Ethnic Group Data gathered through the January 24, 2013 Point-In-Time count indicated that of those unsheltered persons in Miami Beach, 3.6 percent are unaccompanied youth, 7.1 percent are veterans and 65.3 percent are chronically homeless individuals, 1 percent are transgendered individuals and 6 percent of the homeless population are couples. Nature and Extent of Unsheltered and Sheltered Homelessness, including Rural Homelessness Discussion The January 24, 2013 Point-In-Time Count resulted in 3,734 sheltered and unsheltered homeless people in Miami-Dade County. Of that number, 839 were unsheltered. The City of Miami Beach had the second highest homeless concentration in the county with a count of 138 people. Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 33 NA-45 Non-Homeless Special Needs Assessment Introduction The Non-Homeless Needs Assessment describes: • The characteristics of special needs populations; • The housing and supportive needs of these population and how the needs are determined; The characteristics of persons with HIV I AIDS. Characteristics of Special Needs Populations Characteristics of people with special needs populations include the following: • Elderly • Frail elderly • Severe mental illness • Developmentally disabled • Physically disabled • Persons with alcohol/other drug addictions • Victims of domestic violence • Persons with HIVIAIDS Housing and Supportive Service Needs and Determination Housing needs of these populations include affordable housing and ADA accessible housing. Supportive services of these populations includes senior services, meals and other public service programs. The housing and supportive service needs of these populations were determined by analysis of census, ACS and CHAS data, consultations with CDAC, HACMB, and public service and affordable housing providers. Public Size and Characteristics of Population with HIV I AIDS Miami Dade County continually ranks in the top metropolitan statistical areas for HIVIAIDS incidence and prevalence. The State of Florida CDC's most recent monthly surveillance report shows that Miami Dade County reported 246 new HIV diagnoses in the first quarter of 2013 alone, up 17% from the first quarter of 2012. Miami Dade County also reported 131 AIDS cases during that period, up 12% from the first quarter of 2012. The CDC estimates that Miami Dade County was home to 26,456 persons living with HIV I AIDS (PLWHAs) as of 212812013. Within Miami Dade County, Miami Beach's 33139 zip code ranks in the top three zip codes of highest reported HIV and AIDS cases through 2012. The Miami Dade County Health Department estimated that there are between 1,006 -1,884 PLWHAs living in the Miami Beach area (33139); this Consolidated Plan Rev 5 1713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 34 represents between 3.8-7.1% of all PLWHA in Miami Dade County.[2] The same report estimates another 194-384 PLWHAS in the 33140 zip code, for a total of between 1,200 and 2,268 PLWHAs in the City of Miami Beach. According to the 2010 US Census QuickFacts for the City of Miami Beach, there were an estimated 89,840 residents of the city in 2011.[3] Taken together, these numbers show that PLWHAs represent between 1.3-2.5% of the population of Miami Beach. Individuals living with HIV and AIDS are representative of the population as a whole, but some groups are more at risk than others. These individuals have some unique social, demographic, and economic characteristics which make them a special population with high need for social and community services. The AIDS rate is declining over time while the HIV diagnosis rate remains constant; this means that there are constantly increasing numbers of individuals who are living with HIV.[4]As of 2010 PLWHAs identified as 58% Black/African American, 33% Hispanic, 7% White and 2% Discussion The Non-Homeless Needs Special Needs Assessment has determined that there is a need for affordable housing and supportive services. The City is partnering with the HACMB and public service and affordable housing providers to address these needs. The City and its partners have developed strategies and will leverage CDBG and HOME funds to address these needs. Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 35 NA-50 Non-Housing Community Development Needs Public Facilities The City is building a new senior center in North Beach target area, a new youth center at Flamingo Park and is rehabilitating the JCS Senior Center on Espanola Way. Need Determination Meetings with CDAC and Public Meetings. Public Improvements There is a need for drainage improvements in flood prone areas of the City, Need Determination Meetings with CDAC and Public Meetings. Public Services • Youth services • Senior services • Childcare • HIV/AIDS programs • Homeless programs Need Determination Needs were determined be meetings with CDAC, service providers and Public Meetings. Consolidated Plan Rev 51713 OMB Control No: 2S06-0117 (exp. 07/31/2015) MIAMI BEACH 36 Housing Market Analysis MA-05 Overview Housing Market Analysis Overview: Miami Beach has experienced a more successful economic condition than many other South Florida jurisdictions during the recent housing market crash and national recession. The housing market in Miami Beach continues to experience growth in development, which points toward a clear sign of market recovery. Most of the new starts, however, are in multi-family, condominium properties; in many cases high end properties. The slowdown in the housing market is the result of the tightening of credit and underwriting standards and the sub-prime mortgage market crash, and the tightening of credit and underwriting of commercial loans to real estate developers. Despite this downturn, the median home price is $374,600, which is well above the national average. Median rent, based on the 2009 ACS data, is $887. This bodes well for the rental apartment industry, as more households will opt for renting versus buying. However, this creates upward pressure on rental rates, which results in fewer available affordable units. Larger households and low-income households face problems with locating affordable units that meet their size and income needs. Consolidated Plan Rev 5 17 13 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 37 MA-10 Number of Housing Units Introduction The predominant type of housing in Miami Beach is multifamily; with properties of more than 20 units representing 62% of total residences and properties with more than 5 units representing 82% of total residences. When comparing tenure type, 62% of owners have units with 2 or more bedrooms, while 75% of renters have units with one or less bedrooms. All residential properties by number of units Property Type Number % 1-unit detached structure 6,567 1~ 1-unit, attached structure 960 2-4 units 3,756 ~ 5-19 units 13,057 20 or more units 40,447 62% Mobile Home, boat, RV, van, etc 115 0% Total JOO% Table 28-Residential Properties by Unit Number Data Source: 2005-2009 ACS Data Unit Size by Tenure Owners Renters Number % Number % No bedroom 1,228 1 bedroom 6,298 5 2 bedrooms 21% 1 3 or more bedrooms 1,261 5% Total 25,723 JOJo/o Table 29-Unit Size by Tenure Data Source: 2005-2009 ACS Data Number and Targeting of Units Federal and State funding will target households with income up to 80% AMI; and State funding (up to the maximum 30% of funds allocation) will target households with income up to 120% AMI. Units Expected to be lost from Inventory There is no expectation of a loss of existing affordable units. However, given the growing population, coupled with a housing market that encourages the development of market-rate units; for the number of affordable units to remain static will effectively create a reduction in overall units based on need. Consolidated Plan Rev 5 1713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 38 Does the availability of housing units meet the needs of the population? The shortage of housing that relieves the cost burden experienced by many households continues. Likewise, overcrowding due to the lack of availability of larger (multi-bedroom) units is an unmet need. Need for Specific Types of Housing There is a need for units that relieve cost burden and overcrowding. Discussion Due to the current condition of the real estate market which places demand on high end properties, the need for affordable units, particularly ones that meet the space requirements of larger low-income families, will remain difficult to satisfy. The rental market, which many low-income families must rely on, is feeling greater upward pricing pressure due to more families being forced out of the buying market due to tighter credit standards and loan underwriting standards. A summary of housing supply is: • Low percentage of homeowners compared to the national average • High vacancy rate, due in part to the nature of Miami Beach as an entertainment and vacation destination • Strong dominance in the housing mix by condominiums, particularly in residential towers • Substantial share of housing units do not feature two or more bedrooms and thus are not ideal for households with children • Majority of the housing stock built prior to the 1970s but is steadily being rehabilitated or replaced • Only a very low number of housing units are in substandard condition • Median condo and single-family home prices have declined significantly since 2008 but are now recovering • Median monthly rents are increasing and not affordable to a majority of Miami Beach residents • The rate of home sales increased by 70 percent from 2008 to 2012,indicating healthy housing demand • Market Action Index of 18.67 indicates that Miami Beach is a buyer's market Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 39 MA-15 Cost of Housing Introduction As rents and home prices have continued to rise, the ability of a low-income household to find affordable accommodations becomes significantly more difficult. To be considered affordable, the cost of housing cannot exceed 30% of household income. For example: a household earning $25,000 per year would be limited to monthly rent of $625, which is lower than the median rent of $887, and significantly lower than the market rent of $1,122 for a two-bedroom unit. Cost of Housing Median Home Value ian Contract Rent Data Source: 2005-2009 ACS Data 2000 Census (Base Year} 138,700 581 2005-2009 ACS ( Recent Year} Table 30 -Cost of Housing 2000 Census (Base Year) 2005-2009 ACS (Most Recent Year) Rent Paid Less than $500 l $500-999 $1,000-1,499 $1,500-1,999 $2,000 or more Total Data Source: 2005-2009 ACS Data Housing Affordability % Units affordable to Households earning 30% HAMFI 50% HAMFI 80% HAMFI 100% HAMFI Total Data Source: 2005-2009 CHAS Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) Number 4,261 12,352 5,396 2,133 1,581 25,723 Table 31 -Rent Paid Renter 2,140 2,925 9,280 No Data .14,345 Table 32-Housing Affordability MIAMI BEACH %Change 170 53% % 16.6% 48.0% 21.0% 8.3% 6.2% .100.0% Owner No Data 120 J!il 40 Monthly Rent Monthly Rent($) m 2 Bedroom 3 Bedroom 1,539 7 1,155 660 791 914 Table 33-Monthly Rent Data Source: HUD FMR and HOME Rents Availability of Sufficient Housing The increase in the availability of affordable housing will continue to be a need that is difficult to satisfy. A strengthening real estate market puts upward pressure on rents and purchase prices and results in a widening income gap. Expected Change of Housing Affordability Likewise, the affordability may diminish as rents/purchase prices continue to escalate while incomes have minimal increases or remain static. Rent Comparison The method for determining the affordability deficit for families in need of housing is the process of comparing the amount of monthly income that is equal to 30% or less of that income with the rent costs associated with a unit that meets the family space needs. For example: a household earning $25,000 per year would be limited to monthly rent of $625, which is lower than the median rent of $887, and significantly lower than the market rent of $1,122 for a two- bedroom unit. Therefore the deficit would be $262 and $497 when compared to the median rent and market rent, respectively. Discussion Purchase price of single-family homes and condos in Miami Beach is out of reach for median earning households and the median monthly rent in Miami Beach is also out of reach for all but those households earning slightly more than the median income. Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 41 MA-20 Condition of Housing Introduction More than half of the housing stock was built between 1950 and 1979 which suggests that rehabilitation is necessary, even in those properties that have been generally well maintained throughout the years. This also suggests that there is a risk of lead-based paint existing in many of the properties. Definitions Substandard Unit: A housing unit that does not meet local housing building codes and/or does not meet HUD Housing Quality Standards (HQS). Substandard condition but suitable for rehabilitation: A substandard unit that based on reasonable cost of rehabilitation or historical significance, should be saved and rehabilitated. Condition of Units Condition of Units Owner-Occupied % With one selected Condition 48% With two selected Conditions 2% With three selected Conditions With four selected Conditions No selected Conditions 50% Total 100% Table 34-Condition of Units Data Source: 200S-2009 ACS Data Year Unit Built Year Unit Built Owner-Occupied 2000 or later 1,2 7 r-------------------------+---------1980-1999 18% 1950-1979 55% Before 1950 3, 21% r=~~--------------------+-----~~ Total 18,87 101% ~------------------------~--~~~ Table 35-Year Unit Built Data Source: 2005-2009 CHAS Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH Renter-Occupied Number % 13,74 41% 100% Renter-Occupied Number % 1,439 6% 3,263 13% 13,523 53% 29% 101% 42 Risk of Lead-Based Paint Hazard Risk of Lead-Based Paint Hazard % Total Number of Units Built Before 1980 82% ng Units build before 1980 with children present Table 36 -Risk of Lead-Based Paint Data Source: 2005-2009 ACS (Total Units) 2005-2009 CHAS (Units with Children present) Vacant Units Suitable fo~-1 Not Suitable for Total Rehabilitati Rehabilitation ~cant Units 0 0 andoned Vacant Units 0 0 REO Properties 0 0 Abandoned REO Properties 0 0 Table 37 -Vacant Units Data Source: 2005-2009 CHAS Need for Owner and Rental Rehabilitation Based on the CHAS data, approximately 50% of both owner-occupied and renter-occupied properties have identified at least one condition requiring rehabilitation. More than 50% of both the owner and renter housing stock was built between 1950 and 1979, suggesting that even properties that are generally well maintained would be in need of some form of rehabilitation. Estimated Number of Housing Units Occupied by Low or Moderate Income Families with LBP Hazards Approximately 4,300 housing units have the potential of a LBP hazard, Discussion Based on the built-out condition of Miami Beach, coupled with the historic significance of many of the properties, housing rehabilitation versus new construction is a high priority. 0 0 0 0 Consolidated Plan Rev 51713 MIAMI BEACH 43 OMB Control No: 2506-0117 (exp. 07/31/2015) The Housing Authority of the City of Miami Beach (HACMB) has 200 units of public housing and also administers the Housing Choice Voucher Program, which provides affordable housing for more than 3000 families. While these programs support many of the households in need of affordable housing, there is still a shortage. This is particularly true for larger families and those with special needs due to disabilities. Certificate I Mod-Rehab Public Housing P~Epose Voucher Veterans Family I Affairs Unification Supportive Program Housing 200 2.991 01 2,991 1,519 and Home Transition Table 38-Total Number of Units Data Source: PIC (PIH Information Center) vouchers av Table 1-Total Number of Units HACMB 200 elevator, boiler, and housing units. The physical condition of these units has been improved by replacing the Rebecca Towers roof, energy efficiency and ADA accessibility. Its most recent HUD inspection vielded a score of 98. Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH Disabled Public Housing Condition Public Housing Development Average Inspection Score Rebecca Towers South 98 Table 39-Public Housing Condition Restoration and Revitalization Needs The Housing Authority of the City of Miami Beach (HACMB) is undertaking initiatives to address energy efficiency, parking lot improvements, security surveillance enhancements, and resident activities. Strategy of Improving the Living Environment of low-and moderate Income Families The HACMB's strategy is based on assessing the physical needs of its public housing development to improve the residents living environment. The HACMB has a Residents Advisory Board, and therefore residents are involved in the development of capital improvement plans. Discussion The HACMB has utilized CDBG funds to improve the condition of public housing and has a very high inspection score for it public housing units. It has focused on making physical improvements to the property and solicited resident input so that it can continue to enhance the quality of life for individuals and families that reside there. Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 45 MA-30 Homeless Facilities Introduction Miami-Dade County has a variety of housing options for homeless individuals ranging from emergency shelter to permanent supportive housing. There are dozens of homeless service providers in Miami-Dade County who provide housing, services or both. The City of Miami Beach as a member of the Continuum of Care has access to all of these providers and their services. Data on the homeless population is collected through the Homeless Management Information System, managed by the Miami-Dade Homeless Trust. Facilities Targeted to Homeless Persons Emergency Shelter Beds Transitional Permanent Supportive Housing Housing Beds Beds Year Round Beds Voucher/ Current & New Current & New Under (Current & New) Seasonal/ Development Overflow Beds Households with Adult(s) and Child(ren) 590 89 930 2,042 292 Unaccompanied Youth Households with Only Adults Chronically Homeless Households Veterans Data Source Comments: Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) 944 7 0 0 0 0 49 0 Table 40 -Facilities Targeted to Homeless Persons MIAMI BEACH 950 1,954 78 0 679 3 94 480 0 0 0 0 46 Describe mainstream services, such as health, mental health, and employment services to the extent those services are use to complement services targeted to homeless persons The City of Miami Beach, Homeless Services Division provides homeless outreach, partially funded by the Miami-Dade County Homeless Trust (Trust), to those homeless in the City of Miami Beach in accordance with the Trust's Outreach, Assessment and Placement model. The model provides a standardized procedure for homeless persons to access the continuum of care and ensures they access services appropriate to their individual needs. The outreach teams also participate in the coordinated outreach process, another program funded by the Trust, which provides behavioral health outreach workers who work alongside regular outreach workers targeting chronically homeless persons. The coordinated outreach process brings together all the CoC outreach teams, including the Veterans Administration, once a month to discuss issues encountered, as well as discussing referrals to low demand, Housing First permanent housing program for the chronically homeless to be placed directly into from the street. The City's homeless outreach teams also make direct referrals to the following agencies: • Douglas Gardens Community Mental Health -provides comprehensive mental health services, including case management and transitional and permanent housing to those chronically homeless in Miami Beach. • Jewish Community Services of South Florida, Inc. -H.O.P.E. Day Laborer Program-Job/Self- Sufficiency Program -$40,000 allocation from the City of Miami Beach to help fund the job program that allows Jewish Community Services (JCS) to hire 15 homeless person(s) referred to by the City of Miami Beach Homeless Service Program to clean streets and alleys under the direct supervision of JCS assigned supervisors working with the City of Miami Beach Sanitation Supervisor(s). List and describe services and facilities that meet the needs of homeless persons, particularly chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth. If the services and facilities are listed on screen SP-40 Institutional Delivery Structure or screen MA-35 Special Needs Facilities and Services, describe how these facilities and services specifically address the needs of these populations. • Veterinary Care Human Services-provides pro-bono veterinary services for the homeless Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 47 MA-35 Special Needs Facilities and Services Introduction The City is funding the construction of a senior center in the North Beach Target Area that will provide meals and services for extremely low income elderly. The City is also funding renovations to the Jewish Community Services Senior Center located in the South Beach Target Area. The Center provides adult day to seniors. Many of the seniors suffer from Alzheimer's. The City is also funding the Boy's Club Youth Center which is also in the South Beach Target Area. Some of the youth that they serve have special needs. The City has consulted with subrecipients that provide supportive housing, supportive services and public services to persons with special needs. The City plans on funding these activities though an annual Request for Application process. Including the elderly, frail elderly, persons with disabilities (mental, physical, developmental), persons with alcohol or other drug addictions, persons with HIV I AIDS and their families, public housing residents and any other categories the jurisdiction may specify, and describe their supportive housing needs Supportive housing needs include case management, education, community building, advocacy, health workshops and nutrition & healthy cooking classes. Describe programs for ensuring that persons returning from mental and physical health institutions receive appropriate supportive housing The Mayfair Hotel is a fully renovated, historical, Art Deco facility located in Miami Beach. The Mayfair has two programs through Douglas Gardens CMHC. One program is a 20 bed subsidy program for eligible DG consumers. The second is the 22 bed Shelter Plus Care Mayfair program. The site is in South Beach and central to cultural events and institutions such as museums, Miami City Ballet, New World Symphony, libraries, medical offices, and transportation. The Shelter Plus Care Program is a permanent housing program designed to serve homeless individuals with a severe and chronic mental illness. In addition to the housing subsidy, persons in this program are provided with supportive services such as Case Management, Medication Management, and Social Rehabilitation groups. They are also encouraged to become involved in community and peer run activities such as Journal/Writing Club, Garden Gazette, DG Walking Club, and Double Trouble. Douglas Gardens CMHC has two S+C programs: The Mayfair and Scattered Sites. The Mayfair is designed for persons in need of a more structured facility and monitoring. Scattered Sites is intended for persons able to live completely independently but still in need of psychiatric services and support. In order to be eligible for the S+C Program, persons must be homeless, have a psychiatric disability, have a stable income, and be actively involved in treatment. Specify the activities that the jurisdiction plans to undertake during the next year to address the housing and supportive services needs identified in accordance with 91.215(e) with Consolidated Plan MIAMI BEACH 49 Rev 517 13 OMB Control No: 2506-0117 (exp. 07/31/2015) respect to persons who are not homeless but have other special needs~ Link to one-year goals. 91.315(e) The City plans to fund activities that address the housing and supportive service needs indentified in the Consolidated Plan. For entitlement/consortia grantees: Specify the activities that the jurisdiction plans to undertake during the next year to address the housing and supportive services needs identified in accordance with 91.215(e) with respect to persons who are not homeless but have other special needs. Link to one-year goals. (91.220(2}} The City plans to fund activities that address the housing and supportive service needs indentified in the Consolidated Plan. Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 49 MA-40 Barriers to Affordable Housing Negative Effects of Public Policies on Affordable Housing and Residential Investment When compared to other parts of Miami-Dade County or even some municipalities in other counties in South Florida, Miami Beach enjoys a relatively strong real estate market. This creates and contributes to the two primary problems affecting availability of affordable housing. This is compounded by the geography which presents limited vacant land for construction of new units. The cost burden associated with homeownership opportunities (other than condominiums) makes it almost impossible for low to moderate-income households to purchase a home. Furthermore, many of the units, both rental and condominium, are one bedroom or efficiencies and cannot accommodate those households that require multiple bedrooms. Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH so MA-45 Non-Housing Community Development Assets Introduction This section includes an Economic Development Market Analysis which looks at the following indicators: • Business Activity • labor Force • Occupations by Sector • Travel Time The greatest employers by business sector are the following: • Arts, Entertainment, Accommodations • Professional, Scientific, Management Services • Education and Health Care Services The largest occupations by sector are the following: • Management, business and financial; • Sales and office; • Service Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 51 Economic Development Market Analysis Business Activity Business by Sector bs riculture, Mining, Oil & Gas Extraction 3 , Entertainment, Accommodations 15,808 3 3,784 852 114 1,644 3,529 1,697 4,980 2,150 48,067 I 39, Table 42 -Business Activity Data Source: 2005-2009 ACS (Workers), 2010 ESRI Business Analyst Package (Jobs) Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH e of Jobs Jobs less workers % % % 1 0 22 40 6 1 16 16 0 10 9 -1 2 -1 0 -3 5 4 -1 17 9 2 4 8 12 4 1 4 1 52 Labor Force Total Population in the Civilian Labor Force Civilian Employed Population 16 years and over Unemployment Rate Unemployment Rate for Ages 16-24 Unemployment Rate for Ages 25-65 Table 43 -Labor Force Data Source: 2005-2009 ACS Data Occupations by Sector Management, business and financial Farming, fisheries and forestry occupations Service Sales and office Construction, extraction, maintenance and repair Production, transportation and material moving Table 44-Occupations by Sector Data Source: 2005-2009 ACS Data Travel Time Travel Time Number 27,022 inutes Table 45 -Travel Time Data Source: 2005-2009 ACS Data Education: Educational Attainment by Employment Status (Population 16 and Older) Educational Attainment than high school graduate High school graduate (includes equivalency) Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) In Labor Force 7,788 MIAMI BEACH 50,594 48,067 4~ 17. 3.681 19,771 224 11,349 12,044 2,474 2,205 Percentage 61% 1 Not in Labor Force 22 1,817 523 2,127 53 Educational Attainment Some college or Associate's degree Bachelor's degree or higher Table 46 -Educational Attainment by Employment Status Data Source: 2005-2009 ACS Data Educational Attainment by Age Less than 9th grade 9th to 12th grade, no diploma High school graduate, GED, or alternative Some college, no degree Associate's degree Bachelor's degree Graduate or professional degree 3,347 2,595 769 114 Table 47 -Educational Attainment by Age Data Source: 2005-2009 ACS Data Educational Attainment-Median Earnings in the Past 12 Months 4,050 2,936 1,648 4,597 3,778 Educational Attainment Median Earnings in the Past 12 Months Less than high school graduate High school graduate (includes equivalency) Some college or Associate's degree Bachelor's degree Graduate or professional degree Table 48-Median Earnings in the Past 12 Months Data Source: 2005-2009 ACS Data 3,270 1,621 550 16,779 21,254 30,897 42~ 64, Based on the Business Activity table above, what are the major employment sectors within your jurisdiction? The top three businesses by sector are the following: 1. Arts, Entertainment, and Accommodations (22%) 2. Professional, Scientific and Management Services (17%) Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 54 3. Education and Health Care Services {16%) Describe the workforce and infrastructure needs of the business community: The workforce needs of the business community are for the following occupations: • Management, business and financial; • Sales and office; • Service Drainage improvements are needed to help existing businesses and stimulate future economic development. Describe any major changes that may have an economic impact, such as planned local or regional public or private sector investments or initiatives that have affected or may affect job and business growth opportunities during the planning period. Describe any needs for workforce development, business support or infrastructure these changes may create Planned local public or private sector investments and initiatives that may affect job and business growth opportunities during the planning period include planning and construction of a new convention center. This project will need unskilled and skilled labor. Drainage improvements will create jobs and provide economic development opportunities. How do the skills and education of the current workforce correspond to employment opportunities in the jurisdiction? Workforce development is needed for the following employment opportunities: 1. Arts, Entertainment, and Accommodations 2. Professional, Scientific and Management Services 3. Education and Health Care Services Describe any current workforce training initiatives, including those supported by Workforce Investment Boards, community colleges and other organizations. Describe how these efforts will support the jurisdiction's Consolidated Plan The City provides funding to a local non-profit, Unidad of Miami Beach Inc., to provide employment training for low and moderate income people. The Little Havana Activities Nutrition Center employs low and moderate income seniors at its Rainbow Childcare program. Miami Beach CDC housing rehabilitation projects provide training and employment opportunities. Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07 /31/2015) MIAMI BEACH 55 Does your jurisdiction participate in a Comprehensive Economic Development Strategy (CEDS)? No If so, what economic development initiatives are you undertaking that may be coordinated with the Consolidated Plan? If not, describe other local/regional plans or initiatives that impact economic growth. Discussion The arts, entertainment, accommodations, professional, scientific, management services, education and health care sectors are the major employers in the City. The City has a well educated workforce to meet the needs of the business community. There is a need to update the City's infrastructure, specifically its drainage to promote sustainable economic development in the City. Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 56 MA-50 Needs and Market Analysis Discussion Are there any populations or households in areas or neighborhoods that are more affected by multiple housing problems? Low-income households are more affected by multiple housing problems, particularly Hispanic households. Are there areas in the Jurisdiction where these populations are concentrated? Low income families are concentrated in the North Beach and South Beach Target Areas. What are the characteristics of the market in these areas/neighborhoods? The North Beach market generally has less new development, and although it is more affordable than some other areas, the need for affordable housing still is an unmet need based on the number of households that require it. There are fourteen low and moderate income block groups in the North Beach Target Area. There are twenty one low and moderate income block groups in the South Beach target area. Are there any community assets in these areas/neighborhoods? There is good access to transportation. There are many small, regional, national and international businesses that serve these neighborhoods. There are local CDCs that provided affordable housing and public services to low to moderate income populations. Are there other strategic opportunities in any of these areas? Strategic opportunities in these areas include: • Construction of and rehabilitation of affordable housing; • Opportunities for youth programs and the construction of a new youth center in the South Beach Target Area; • Opportunities for senior programs and the opening of a new senior center in the North Beach Target Area; • Economic development including a Facade Improvement Program in the North Beach Target Area; and • Infrastructure improvements. Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 57 Strategic Plan SP-05 Overview Strategic Plan Overview {1) The general priorities for allocating investment geographically within the jurisdiction will be in the North Beach and South Beach Target Areas. The general priorities and needs are public facilities, public services and affordable housing. {2) The rationale for establishing the allocation priorities given to each category of priority needs, particularly among extremely low income, low-income, and moderate income households is a housing market analysis, a poverty and income demographic analysis, CDAC recommendations, and consultation with City departments, subrecipients and the HACMB. {3) Obstacles to meeting underserved needs include less federal and state resources. {4) Priorities and specific objectives the jurisdiction intends to initiate and/or complete during the time period covered by the strategic plan include construction and or rehabilitation of public facilities, provision of public services and construction and or rehabilitation of affordable housing. Funds that are reasonably expected to be available to address identified needs include CDBG, HOME, SHIP, County funds, bank financing and subrecipient funds. Proposed accomplishments and outcomes are construction and or rehabilitation of public facilities, provision of public services and construction and or rehabilitation of affordable housing. To accommodate the population of the City, the City's 2025 Comprehensive Plan -Housing Element establishes a goal to have available a sufficient number of housing units in an adequate variety of types, sizes, locations, and cost ranges, within sound structures in safe neighborhoods. As such, the City has identified eight {8) primary housing-related objectives, which are: 1. Creation and/or preservation of affordable housing, 2. Elimination of substandard housing and structural and aesthetic improvements to existing housing, 3. Adequate sites and distribution of housing for very low to moderate-income households; and adequate sites for mobile and manufactured homes, 4. Adequate sites for group homes and foster care facilities, 5. Conservation, rehabilitation or demolition of housing, including identification of historically significant housing, 6. Relocation, 7. Housing implementation programs, Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 58 8. Energy efficiency and renewable resources To further the Housing Element of the City's Comprehensive Plan, the Local Housing Assistance Plan was created, in compliance with the regulations and requirements of the State Housing Initiatives Partnership Program. Its purpose is to meet the housing needs of very low, low, and moderate-income households; to expand the production of, and the preservation of, affordable housing. To carry out this Plan, five (5} primary assistance strategies have been established: 1. Owner-occupied housing rehabilitation 2. Disaster mitigation recovery 3. New construction 4. Down payment/closing costs and rehabilitation 5. Multi-family rental housing development The City believes that these plans (which are incorporated by reference) are consistent with, and support this Consolidated Plan, and each other. Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 59 SP-10 Geographic Priorities Geographic Area 1 NORTH BEACH AREA Local Target area The northern boundary is 87 Street and the southern boundary is 63 Street. The area includes portions of census tracts 3901, 3905 and 3907. Specific housing characteristics include primarily older multifamily rental, condominiums and single family homes. Collins Avenue, 71 Street and Normandy Drive are the major commercial corridors. During the consultation process, business owners, local subrecipients that serve that area and CDAC identified this neighborhood as a target area. It also has high concentrations of poverty and low and moderate income block groups. 1. Youth programs 2. General public services for immigrants and low and moderate income residents 3. Senior services 4. Code enforcement 5. Economic development 6. Homeless outreach 1. Improve the housing stock 2. Provide more public services 3. Economic development 4. Improve the overall quality of life 5. Provide more services for the homeless 6. Improve public safety 2 SOUTH BEACH Local Target area The northern boundary of the South Beach Target Area is Dade Boulevard and the Southern boundary is Biscayne Bay. Census tracts in the Target Area include portions of 4201, portions of 4202, portions of Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 60 4300, and portions of 4401, 4402 and 4500. The South Beach Target Area contains a diverse mix of housing and commercial characteristics. The housing stock includes single family homes, public housing, condominiums, and apartment buildings. Commercial characteristics include small businesses, hotels, and the Shops at Fifth Street which includes a supermarket and several national chain stores. Consultation with the HACMB, CDAC, City Departments and subrecipients helped to identify this neighborhood as a target area. 1. Youth programs 2. General public services for immigrants and low and moderate income residents 3. Senior services 4. Economic development 5. Homeless outreach Table 49-Geographic Priority Areas General Allocation Priorities Describe the basis for allocating investments geographically within the state The North Beach and South Beach neighborhoods have the highest concentration of low and moderate income census tracts and people in poverty. Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 61 SP-25 Priority Needs Priority Needs 1 Priority Need Name Childcare Youth Programs Senior Services Affordable Housing Energy Efficiency Drainage Improvements Consolidated Plan Rev 51713 Priority Level High High High High High High OMB Control No: 2506-0117 (exp. 07/31/2015) Populatio Goals Addressing Extremely Low Public service activities Low Moderate Large Families Families with Children Extremely Low Public service activities Low Moderate Large Families Families with Children Extremely Low Public service activities Low Moderate Elderly Elderly Frail Elderly Extremely Low Multi-family Rehabilitation Low Moderate Large Families Families with Children Elderly Public Housing Residents Elderly Frail Elderly Extremely Low Public Facility or Infrastructure Low Activities Moderate Multi-family Rehabilitation Extremely Low Public Facility or Infrastructure Low Activities Moderate Middle MIAMI BEACH 62 Large Families Families with Children Elderly Public Housing Residents Table 50-Priority Needs Summary Narrative (Optional) The current difficulties in the housing market present a large challenge for the City. The housing market in Miami Beach, though diminished from previous high levels is still prohibitive for many households. Cost burden is the number one problem affecting housing availability. The City must balance its efforts between the production of more affordable housing without diminishing overall property values and ultimately affecting its tax revenue base. Consolidated Plan Rev 51713 OMB Control No: 2S06-0117 (exp. 07/31/2015) MIAMI BEACH 63 SP-30 Influence of Market Conditions Influence of Market Conditions Affordable Housing Type Tenant Based Rental Assistance (TBRA) NA Market Characteristics that will influence the use of funds available for housing type TBRA for Non-NA Homeless Special Needs New Unit Production Rehabilitation Acquisition, including preservation Consolidated Plan Rev 51713 There is high demand in the rental market due to an improving economy, which further drives up the cost burden for housing. The City of Miami Beach is largely built out so new construction opportunities are limited. The aging housing stock in the City make the rehabilitation of existing housing stock a priority. Acquisition and rehabilitation of housing is also a priority. The increasing demand for affordable housing, coupled with the increasing demand for market rate housing, places pressure on property owners to sell to purchasers that will develop more high end (through demolition/rehabilitation) rather than affordable units. This continues to put pressure on the two primary problems affecting the housing market, cost burden and overcrowding. There is high demand in the rental market due to an improving economy, which further drives up the cost burden for housing. The City of Miami Beach is largely built out so new construction opportunities are limited. The aging housing stock in the City make the rehabilitation of existing housing stock a priority. Acquisition and rehabilitation of housing is also a priority. The increasing demand for affordable housing, coupled with the increasing demand for market rate housing, places pressure on property owners to sell to purchasers that will develop more high end (through demolition/rehabilitation) rather than affordable units. This continues to put pressure on the two primary problems affecting the housing market, cost burden and overcrowding. There is high demand in the rental market due to an improving economy, which further drives up the cost burden for housing. The City of Miami Beach is largely built out so new construction opportunities are limited. MIAMI BEACH 64 OMB Control No: 2506-0117 (exp. 07/31/2015) The aging housing stock in the City make the rehabilitation of existing housing stock a priority. Acquisition and rehabilitation of housing is also a priority. The increasing demand for affordable housing, coupled with the increasing demand for market rate housing, places pressure on property owners to sell to purchasers that will develop more high end (through demolition/rehabilitation) rather than affordable units. This continues to put pressure on the two primary problems affecting the housing market, cost burden and overcrowding. Table 51-Influence of Market Conditions Consolidated Plan Rev 51713 OMB Control No: 2S06-0117 (exp. 07/31/201S) MIAMI BEACH 65 SP-35 Anticipated Resources Introduction Anticipated resources include CDBG, HOME and SHIP funds. HUD requires that PJs provide a 25% match for all HOME project funds. Historically the City has used RDA funds as the required match. Anticipated Resources Program CDBG HOME Source of Uses of Funds Funds public-Acquisition federal Admin and Planning Economic Development Housing Public Improvements Public Services public-Acquisition federal Homebuyer assistance Homeowner rehab Multifamily rental new construction Multifamily rental rehab New construction for ownership TBRA Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) Expected Amount Available Year 1 Expected Narrative Annual Program Prior Year Total: Amount Description Allocation: Income:$ Resources: $ Available $ $ Reminder ofConPian $ 909,737 0 0 909,737 3,638,848 442,022 0 0 442,022 1,768,089 Table 52-Anticipated Resources MIAMI BEACH 66 Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Federal funds will leverage additional resources (private, state and local funds). Local funds will be used to fulfill the HOME program match requirements. Federal funds will be used to leverage additional financial resources including SHIP, Miami-Dade County Surtax, and Redevelopment Agency funds. The Redevelopment Agency has provided such significant funding that the required HOME funds match has an excess of $3.9 million. If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City owns the property that will be used to address youth and senior needs in the plan. Discussion Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 67 SP-40 Institutional Delivery Structure Explain the institutional structure through which the jurisdiction will carry out its consolidated plan including private industry, non-profit organizations, and public institutions. Responsible Entity Responsible Entity Role .... phic Area Served Type Boys and Girls Clubs of Non-profit public services Jurisdiction Miami-Dade organizations Housing Authority of PHA Rental I ..... • iction the City of Miami Beach Jewish Community Non-profit Homelessness Jurisdiction Services of South organizations public services Florida, Inc MIAMI BEACH CDC Non-profit Rental Jurisdiction . organizations UNlOAD OF MIAMI public services Jurisdiction BEACH, INC. Table 53 -Institutional Delivery Structure Assess of Strengths and Gaps in the Institutional Delivery System Strengths in the institutional delivery system include partnerships with an affordable housing CDC and public service providers that provide youth services, senior services and other public services to low and moderate income residents. Availability of services targeted to homeless persons and persons with HIV and mainstream services Homelessness Prevention Available in the I Targeted to ... eted to People Services Counseling/ Advocacy Legal Assistance Mortgage Assistance Rental Assistance Utilities Assista nee Law Enforcement Mobile Clinics Other Street Outreach Services Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) Community Homeless with HIV Homelessness Prevention Services X X X X X X X X Street Outreach Services X X X X X X MIAMI BEACH 68 Supportive Services Alcohol & Drug Abuse X X X Child Care X Education X X Employment and Employment Training X X ~thcare X X X AIDS X X X • Life Skills X X X [ Mental Health Counseling X X X : Transportation X X Other Table 54-Homeless Prevention Services Summary Describe how the service delivery system including, but not limited to, the services listed above meet the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) As a member of the Miami-Dade County Continuum of Care, the City of Miami Beach coordinates with CoC providers to meet the needs of the homeless within the community. Describe the strengths and gaps of the service delivery system for special needs population and persons experiencing homelessness, including, but not limited to, the services listed above The Continuum of Care service delivery system allows for a single point of entry which allows for better targeting of services and meeting client needs, better knowledge of resources available in the community, and improved referral networks through HMIS. Gaps include the City of Miami Beach not having homeless facilities within its boundaries, not having enough homeless outreach personnel to cover the entire city and the need for emergency shelters for homeless sexual offenders. Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 69 SP-45 Goals Summary Goals Summary Information Goal Name Start End Year Year Public Facility or 2013 2017 Infrastructure Activities Public service activities 2013 2017 Multi-family 2013 2017 Rehabilitation Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) Category Geographic Area Non-Housing CDBG Eligible Community Block Groups Development Non-Housing Citywide Community Development Affordable Housing Citywide Table 55-Goals Summary MIAMI BEACH Needs Addressed Funding Goal Outcome Indicator Energy Efficiency CDBG Public Facilities Drainage Improvements People Childcare CDBG People Youth Programs Senior Services Affordable CDBG Units Housing Energy Efficiency HOME 70 SP-50 Public Housing Accessibility and Involvement Need to Increase the Number of Accessible Units (if Required by a Section 504 Voluntary Compliance Agreement) The Housing Authority ofthe City of Miami Beach (HACMB) is not subject to a Section 504 Voluntary Compliance Agreement to increase the number of accessible units. Activities to Increase Resident Involvements The HACMB encourages public housing residents to participate in policy, procedure and program implementation and development through its Resident Advisory Board. The HACMB conducts a monthly Management/Resident meeting to encourage participation by the residents. The HACMB distributes a monthly newsletter to all public housing residents, which contains relevant agency news and information on available community resources. Homeownership is not applicable as Rebecca Towers South is an elderly designated rental development. The HACMB's Board of Commissioners includes a public housing resident as Commissioner. Is the public housing agency designated as troubled under 24 CFR part 902? No Plan to remove the 'troubled' designation NA Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 71 SP-55 Barriers to affordable housing Barriers to Affordable Housing When compared to other parts of Miami-Dade County or even some municipalities in other counties in South Florida, Miami Beach enjoys a relatively strong real estate market. This creates and contributes to the two primary problems affecting availability of affordable housing. This is compounded by the geography which presents limited vacant land for construction of new units. The cost burden associated with homeownership opportunities (other than condominiums) makes it almost impossible for low to moderate-income households to purchase a home. Furthermore, many of the units, both rental and condominium, are one bedroom or efficiencies and cannot accommodate those households that require multiple bedrooms. Strategy to Remove or Ameliorate the Barriers to Affordable Housing The City has developed specific objectives, outlined in the Housing Element of its Comprehensive Plan, to address the housing needs of low to moderate-income households. These objectives are aimed at creating affordable housing opportunities in spite of the barriers. These objectives are further enhanced by specific assistance strategies that are outlined in the Local Housing Assistance Plan. Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 72 SP-60 Homelessness Strategy Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City of Miami Beach's Homeless Services Division provides homeless street outreach services partially funded by the Trust, to those homeless in the City of Miami Beach in accordance with the Trust's Outreach, Assessment and Placement model. The model provides a standardized procedure for homeless persons to access the continuum of care and ensures they access services appropriate to their individual needs. The Homeless Outreach Teams (HOT) services include engagement that provides immediate support and links to other support networks and may include assessment and case management to understand client barriers and Identify housing options, direct placement into emergency shelter, relocation services to a friend or family member outside of the city who is willing to house the individual (no one is sent to another location without verifying that they have some where to go), bus passes, emergency physical and mental health services, and services for special populations including homeless youths, victim services and services for people living with HIV/AIDS. HOT also participate in the coordinated outreach process, another program funded by the Homeless Trust, which provides behavioral health outreach workers who work alongside regular outreach workers targeting chronically homeless persons. The coordinated outreach process brings together all the CoC outreach teams, including the Veterans Administration, once a month to discuss issues encountered, as well as discussing referrals to low demand, permanent housing programs for the chronically homeless to be placed directly into from the street. Addressing the emergency and transitional housing needs of homeless persons With 16% of the Miami-Dade County homeless population within the City, the City of Miami Beach is addressing emergency housing needs by funding 48 emergency shelter beds with resort funds at shelters throughout the county. The City was also recently allocated 100 emergency shelter beds by the Trust in FY 2012. However, this is still not enough and the City will continue to explore ways of expanding emergency housing needs as well as supporting renovations and rehabilitations of structures by community providers to provide new and existing emergency shelters and transitional housing for the purpose of providing decent housing and essential services to the homeless population. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 73 period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again. The County provides funding to Citrus Health Network, Inc. for its Housing Assistance Network of Dade {HAND) program to administer its rapid re-housing programs and services to individuals and families who are at risk of homelessness. The program assists people to quickly regain stability in permanent housing after experiencing a housing crisis and/or homelessness. The County, through this program expects to serve 488 households or individuals annually. Help low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families who are likely to become homeless after being discharged from a publicly funded institution or system of care, or who are receiving assistance from public and private agencies that address housing, health, social services, employment, education or youth needs The Miami-Dade County Homeless Trust will provide housing relocation and stabilization services and rental assistance to prevent households from experiencing homelessness. The Trust and its subrecipients will provide services to extremely low-income individuals and families living in the County or identify alternative permanent rental housing and achieve housing stability. Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 74 SP-65 Lead based paint Hazards Actions to address LBP hazards and increase access to housing without LBP hazards Recognizing that there are potentially 4300 (according to the CHAS data) units with hazardous lead-based paint conditions, the City of Miami Beach works with its CHDO to ensure that these conditions are eliminated when rehabilitating affordable properties. All project contracts require that the developer (CHDO) comply with the Lead Based Paint Poisoning Prevention Act. Most of the multi-family rehabilitation projects are projects in which the properties are completely gutted, so the elimination of potential hazards is accomplished. How are the actions listed above related to the extent of lead poisoning and hazards? The presence of lead-based paint in housing is one of the most critical environmental hazards found in housing. In 1978, restrictions were placed on the use of lead-based paint, which had been used extensively in prior years. Research showed that the use of lead-based paint could be linked to developmental disabilities in humans, particularly children. Because low and moderate-income persons tend to live in older properties that have not been rehabilitated, the health hazards have the potential to affect those persons in greater numbers. Thus the above actions help to ensure that low and moderate-income persons have a greater number of options for living in safe, affordable housing. How are the actions listed above integrated into housing policies and procedures? These actions are aligned with the goals of this Consolidated Plan and are an integral part of the delivery of decent and safe housing for low and moderate-income individuals and families. Lead hazards are addressed in the Housing Policies of the Community Development Policies and Procedures manual. Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 75 SP-70 Anti-Poverty Strategy Jurisdiction Goals, Programs and Policies for reducing the number of Poverty-Level Families The City's goal is to fund programs and develop policies to reduce the number of people living in poverty. There are 13,476 living in poverty in the City. There are 1,028,816 (11.1%) children living in poverty. There 3,515 elderly (25.5%) of all persons 65 and over living in poverty. The City will partner with City departments and subrecipients to reduce the number of poverty level-families. The City will fund childcare and youth programs in high poverty neighborhoods to give parents the opportunity to work full time. The City will also fund senior programs to provide meals and adult day care for low and moderate income seniors. Data Source: US Census Bureau How are the Jurisdiction poverty reducing goals, programs, and policies coordinated with this affordable housing plan The City will partner with Miami Beach CDC and the HACMB to provide supportive services and decent, safe, affordable housing for low and moderate income residents. Rehabilitation and construction of affordable housing is one of the goals of the affordable housing plan. The City and its affordable housing partners are leveraging CDBG and HOME funds with other county, state, federal and private funds. The City will fund supportive service programs to assist people living in poverty. Poverty Rate <7 .tr9 ~A. Poverty · 7.09-19.33% Poverty 19.33-36.5% Poverty 36.5-65.38% Poverty >65.38% Poverty Poverty Rate Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015) MIAMI BEACH 76 SP-80 Monitoring Describe the standards and procedures that the jurisdiction will use to monitor activities carried out in furtherance of the plan and will use to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements The City has developed policies and procedures to monitor subrecipients for long term compliance with requirements of the CDBG and HOME programs. Each year a desk audit, risk assessment, and on site monitoring is conducted for every activity and subrecipient. In addition, technical assistance workshops are provided each year and a copy of "Playing by the Rules" has been provided to each subrecipient. During the development of the Consolidated Plan, the Planning Department reviewed a draft of the Consolidated Plan for consistency with the City's Comprehensive Plan Housing Element. , Consolidated Plan Rev 51713 OMB Control No: 2506-0117 (exp. 07/31/2015} MIAMI BEACH 77 0 /) nn \ tJ I \ ' I ( I I LJ %Low Mod) + Demographic and Housing Data 2010 Population Total Population Population by Sex/Age Male Female Under '18 18 & over 20-24 25-34 35-49 50-64 65 & over Hispanic or Latino Non Hispanic or Latino White African American Asian Population by Race American Indian and Alaska Native Native Hawaiian/Other Pacific Islander Other Identified two or more Housing Status ( in housing units unless noted ) Total Occupied Owner-occupied Population in owner-occupied Renter-occupied Population in renter-occupied Households with individuals under 18 Vacant Vacant for rent Vacant: for sale Vacant: for seasonal/recreational/ occasional use 87,779 45,969 41,810 11,220 76,559 5,177 17,411 22,942 15,509 14,233 46,564 41,215 76,677 3,825 1,635 256 45 3,002 2,339 67,499 47,168 18,194 35,549 28,974 51,204 6,492 20,331 4,770 1,320 11,988 Census N t Source: US Census Bureau. Census 2010, SF1, Miami-Dade County, Department of Planning and Zoning, Research Section, 2011, ... Miami~D!ide County HEALTH DEPARTMENT PEOPLE COUNTY HIV I AIDS [PLWHA] 201 PLWHA cases are those whose current recidence is Miami-Dade regardless of where they were reported. PLWHA D 1-56 57-193 194 -1,005 1 ,006 -1 ,884 TOTAL = 23,2 70 NOT INCLUDED: ZIP 0 25 5 10 15 20 Miles N ~ Scale: 1:336,000 Map Unit: Decimal Degrees Distance Unit: Miles Classificatio11: Natu.ml Breaks Pmjection: Tm11sverse-Mercatm' Author: Rodolfo Boucugnani 25 30 RS ORDINANCES COMMISSION ITEM SUMMARY Condensed Title: Second Reading to consider an Ordinance Amendment modifying Parking District #5 in the Sunset Harbour area to allow parkin reductions for certain types of low scale residential uses. Ke_y Intended Outcome Supported: Maintain strong growth management policies. 1-----· ·;;:------:---·· ·:- Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summar /Recommendation: SECOND READING The proposed Ordinance would modify Parking District #5 in the Sunset Harbour area to allow parking reductions for certain types of low scale residential uses. The Ordinance was approved at First Reading on May 8, 2013. The Administration recommends that the Cit Commission adopt the Ordinance. Advisory Board Recommendat:;;_:io=:-n.:.:.:_--:-:-~-:-.--,- [ On April 3, 2013, the Planning Board transmitted the subject Ordinance .. to the .. City Commission by~· 1 vote of 7-0. ~. ' .. ···-· ' ·--· . Financial Information: Source of ·-,---·-,----:--;;:---~--.-----------~-~-----------. Amount Account Funds: 1 ,., 2 I _j 3 OBPI Total 1-=---··--·'-:-::::-----'----·--·-----'----------------··---·---·-----l Financial Impact Summary: In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. Given the limited opportunities for residential adaptive re-use within parking district No. 5, the proposed Ordinance is not expected to reduce the revenues to the City generated by fees in-lieu of parking. Balanced against a potential loss of parking impact fee revenue is the potential for increases in the property tax base and income from permits and fees that may be associated with an increased level of residential adaptive re-use in the Sunset Harbour neighborh.;._;oo:....;;.d_. _____ _ City Cl_erk's Office L~gislatiye Tracking.: __ _ ~~~hard Lorber or Thomas _Mooney ·---·---··-7-- Sign-Offs: Department Director T:\AGENDA\2013\June 5\Reidential Parking S ns~ Harbor-SUM 2nd read.doc I -~ MfAMIBEACH ·------·---· J ·-·- AGENDA iTEM R 5 A- DATE ~ -y 13 ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochH.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me City Commission FROM Jimmy L. Morales, City Manager~--- DATE June 5, 2013 SECOND READING SUBJECT: Residential Parking Requirement for Sunset Harbour Area ANORDINANCE 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 130-33 "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4 AND 5," BY AMENDING THE PARKING REQUIREMENTS FOR SUNSET HARBOUR PARKING DISTRICT NO. 5 FOR RESIDENTIAL AND LIVE-WORK TYPE USES; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. BACKGROUND On December 12, 2012, the City Commission adopted an Ordinance amendment creating Parking District No. 5 for the Sunset Harbour neighborhood. The subject ordinance reduced or eliminated required parking for certain types of small commercial businesses. It also set a lower threshold for Neighborhood Impact Establishments, requiring Planning Board review of restaurants over 100 seats/125 persons occupancy; previously such review was for 300 persons occupancy or more. The reduction of parking requirements resulting from this Ordinance was 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. As part of the discussion on this Ordinance, the Commission referred a separate discussion item, pertaining to parking reductions for certain types of urban residential, 'Live-Work' uses, mostly included in adaptive re-use projects, to the Land Use and Development Committee. The Land Use Committee discussed the item on December 19, 2012 and referred the subject Ordinance to the Planning Board for consideration. ANALYSIS The original Sunset Harbour, Parking District No. 5 Ordinance did not exempt residential or office uses from meeting parking requirements, as they have a different parking Commission Memorandum Residential Parking Requirements for Sunset Harbour Area June 5, 2013 Page 2 of 3 --------------~ characteristic from retail. Persons shopping and dining tend to come and go throughout the day and evening, while office employees tend to stay parked all day long, and residents must find parking nearby each evening. Nevertheless, an initiative to explore parking reductions for certain types of residential uses was proposed by the City Commission during the discussion of the original Sunset Harbour Ordinance. In this regard, the adaptive re-use of existing buildings into live-work or residential spaces is a very worthwhile initiative, as it encourages people to live above or within their work place. Such close proximity of work and home can have positive benefits such as reducing the intensity of the district (depending on the type of work that would be permitted), decreasing the need for parking spaces and possibly reducing the carbon footprint by eliminating the need for vehicles that would be necessary to go to and from work. Now that the Sunset Harbour parking garage is completed and operational, the concept of tangible parking reductions for certain types of residential uses can be further explored, with the expectation that individuals will find parking in the nearby public parking garage. This type of initiative could be used as an incentive to either adaptively re-use existing buildings, or to foster the development of more low-scale, less intense, new construction projects. However, this type of use would likely not become predominant, as the number of buildings and properties within the Sunset Harbour parking district that would be available for 'Live-Work' or residential uses and conversions is limited. At the December 19, 2012 meeting of the Land Use Committee, consensus was reached on the practicality of creating some reductions in the off-street parking requirements for certain types of residential uses in the Sunset Harbour area. Specifically, the Land Use Committee directed staff to prepare an Ordinance establishing a parking requirement of 1 space per unit for the new construction of residential units and no parking requirement for residential adaptive reuses. PLANNING BOARD REVIEW The Planning Board reviewed the subject Ordinance on April 3, 2013, and transmitted it to the City Commission with a favorable recommendation by a vote of 7 to 0. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. Given the limited opportunities for residential adaptive re-use within parking district No. 5, the proposed Ordinance is not expected to reduce the revenues to the City generated by fees in-lieu of parking. Balanced against a potentia! loss of parking impact fee revenue is the potential for increases in the property tax base and income from permits and fees that may be associated with an increased level of residential adaptive re-use in the Sunset Harbour neighborhood. SUMMARY The proposed ordinance was approved at First Reading on May 8, 2013. The Ordinance addresses the policy direction of the Land Use Committee, as well as the intent of the full Commission when it was referred the item last December. The Commission Memorandum Residential Parking Requirements for Sunset Harbour Area June 5, 2013 ______________ P_a~ge. 3 of 3 Administration believes that the Ordinance strikes a good balance between encouraging the adaptive re-use of smaller scale structures for residential use, while ensuring that larger residential projects will provide adequate parking spaces. CONCLUSION The Administration recommends that the City Commission adopt the Ordinance. ,Zt__ JLM/JGG/RGL!TRM T:\AGENDA\2013\June 5\Residentia! Parking Sunset Harbor-MEM 2nd read.docx SUNSET HARBOUR RESIDENTIAL PARKING REQUIREMENTS 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 130-33 "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4 AND 5," BY AMENDING THE PARKING REQUIREMENTS FOR SUNSET HARBOUR PARKING DISTRICT NO. 5 FOR RESIDENTIAL AND LIVE-WORK TYPE USES; 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, including residential; and WHEREAS, is it is desirable to have low scale, residential development, particularly as part of the adaptive re-use of existing structures; and WHEREAS, the purpose of these regulation is to provide incentives for a low- scale, neighborhood friendly residential 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 incorporating low scale, residential development in 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. SECTION 1. City Code Section 130-33 "Off-Street Parking Requirements for Parking Districts 2, 3, 4, and 5" is hereby amended as follows: Section 130-33. Off-Street Parking Requirements for Parking Districts 2, 3, 4 and 5. (a) Except as otherwise provided in these land development regulations, when any building or structure is erected or altered in parking districts nos. 2, 3_. 4 and 5 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: (1) Apartment building and apartment-hotel: 1 of 3 a. Apartment buildings on lots that are 50 feet in width or less: 1.5 spaces per unit. b. Apartment buildings on lots wider than 50 feet: 1.5 spaces per unit for units between 550 and 999 square feet; 1. 75 spaces per unit for units between 1000 and 1200 square feet; 2.0 spaces per unit for units above 1200 square feet. c. Designated Guest parking: Developments of 20 units or less shall have not designated guest parking requirements. Multi-family buildings and suites-hotels with more than 20 units shall be required to provide supplemental designated guest parking equal to ten percent of the required residential parking spaces. d. For apartment buildings located within parking district no. 5, there shall be no designated guest parking requirement: there shall be no parking requirement for existing structures utilized for residential apartments; 1 space per unit for new construction and/or additions utilized for residential apartments. Section 2. Repealer All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. Section 3. Codification It is the intention of the City Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, as amended; that the sections of this Ordinance may be re- numbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 4. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. Section 5. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of _____ , 2013. ATTEST: CITY CLERK 2 of 3 MAYOR APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION First Reading: May 8, 2013 Second Reading: June 5, 2013 Verified By: Richard G. Lorber, AICP Acting Planning Director T:\AGENDA\2013\May 8\Reidential Parking Sunset Harbor-ORO 1st read docx 3 of 3 20NE I THURSDAY, MAY 23, 2013 NE "'~-,y ~-·,--.~·-··~'""' • W"<A••<~'"~~·<N>""~ •>'•V '>r'•'-"' "''' "'•~~'"""'""'' '~ CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given (hat public hearings will be held by the Mayor and City Commisaioo of the City of Miami Beach, Florida, in the Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive, ·ami Be<ieh, Florida, on Wednesday, June 5, 2013 to consider the following: 10:45a.m. Sun~Set Harbour Residential Parking Requirements An Ordinance Amending The Code Of The City 01 Miami Beach, F!orida By Amend111g Chapter 130, "Off-Street Parking," Article II "District; F\l.lquirements," Section 130-3S "Off..Streel Parking Requirements For Pruking Districts Nos. 2, 3, 4 And 5.' By Amending The Parking Requirements For Sunset Harbour Parking District No. 5 For Residential And Liv~Work Type Uses; Providing For Codification; Repeaklr; Severabi!rty; Appi!cabitity; And Aa Effective Date. Inquiries may be directed to the Planning Department at (305) il73· 7550. 12:00p.m. An Ordina~ce Amending The Code Of The Ctty Of Miami Beach By Amending Chapter 62, Entitled "Human Relations," By Amending Article Ill, Entitled "Domestic Partnerships( By Amending Section 62·128, Entitled ''Employment Benefits" To Add Section 62· i 28(dJ To Provide Tax Equity To Clly Employees With Domestic Partners Enrolled In The City's Health And Dental Plans Who Currently Bear A Disproportionate Tax Burden Over That Of Their Married Counterpmts. Inquiries may be directed to !he Human Resources Department at (305) 67$-7524. 5:00p.m. Anon Road Historic District Buffer Overlay: An Ordinance Amendif19 The Code 01 The City Of Miami Beach, Florida, Sy Amending Chapter 142, "Zoning Districts Aad Regulations," Article Iii, ''Overlay Districts; Creating Division 8 "Allon Road • Historic District Bllffer Overlay," By Including Section 142-858 "Location And Purpose," And Section 142·859 "Development Fl69uiations," lnciiJding Among Other Provisions Regulations On Maximum Floor Area Rallo; Maximum Building Height; Minimum Setbacks; Building Separation; Demolition Or Additions To Contributing Buildings In A Historic District; And Land Usa F\l.lgu!atlons For Location Of Retail Uses, Restaurants, Bars, Entertainment Establishments, Alcoholic Beverage Establishments And Similar Uses; Requiring Conditional Use Approval Of Such Uses In Excess Of 10,000 Sq. Ft.; And Prohibiting Alcoholic Beveril9e And Entertainment Establishments In Open Areas With Exceptions As Prescribed In The Ordinance: Providing For Codification; Repealer; Severability; And An Effective Date. Inquiries may be directed to lire Planning Department at {305) 673·7550. 5:05p.m. Alton Roed Parking District No. 0: An Ordinance Amending The Code Of The City Of Miami 8eact1, Florida, By Amending Chapter 130 Off-Street Parking, Article II "Districts; Requirements," Sectioo 130·::11 "Parking Districts Established," Creating A New Parking Dis1rict No. 6, And &:-clion i 30·'>3 "Off-Street Parking Requirements For Parking Districts Nos. 2, 3 And 4," By Adding New Parking Regulations For Parking District No. 6, For Properties With A Lot Une On Mon Road From 5th Street To Dade Boulevard, Including A Reduction In Off-Street Parking Aequ~ements For Certain Land Uses And Bicycle Parking Requirements; Providing For Codification; Repealer; Severability; And An Effec;ti\le Date. Inquiries may be directed to the Planning Department at (305) 673· 7550. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, o/o the City Clerk, 1700 Convantion Center Drive, 1st Floor, City Hall, Miami Beach, Florida 3:3139. Copies of these items are available for public inspection during normal business hours in the Cit-; Clerk's Offrce, 1700 Convention Center Orive, 1st Floor, C~y Hall. Miami S<;ach, Florida 33139. This meeting may be continued, and under such circumstan~.es additional legal notice will not be provide<J. Rafael E. Granado, City Clerk City of Miami Beach Pursuant to Section 26tl.0105, Fla. Stat .. the City hereby adviS>lS tho public that: if a person decides to appeal any decision made by the City Commission with respect to any maHer considered at Its meetmg or its hearing, such person must ensure !hal a verbatim record of the proceedings i.s made, which record lnciudes 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 ot otherwise inadmissible or Irrelevant eVidence, nor does it au1horlze challenges or appeals not otherwl&e allowed by law. To request this rna!erlalln accessible format, sign languSl)e interpreters, information on acC!llls for persons wllh 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) 673-7411(volce) or TTY users may also call the Florida R<.llay Service at 711. Ad H 7tl1 R5 -Ordinances R5B An Ordinance Amending The Code Of The City Of Miami Beach By Amending Chapter 62, Entitled "Human Relations," By Amending Article Ill, Entitled "Domestic Partnerships," By Amending Section 62-128, Entitled "Employment Benefits" To Add Section 62-128(d) To Provide Tax Equity To City Employees With Domestic Partners Enrolled In The City's Health And Dental Plans Who Currently Bear A Disproportionate Tax Burden Over That Of Their Married Counterparts. 12:00 p.m. Second Reading Public Hearing (Requested by Commissioner Michael Gongora) (Legislative Tracking: Human Resources) (First Reading on May 8, 2013/Referred to FCWPC) (Memorandum to be Submitted in Supplemental) Agenda Item R<;;B Date 6-S:L3 CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HERESY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Aorida, in the Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, June 5, 2013 to consider the following: 10:45 a.m. SunS<;! Harbour Residential Parking Requirements An Ordinance Amending The Code Of The City Of Miami Beach, Florida 8y Amendmg Chapter 130, "Off-Street Parking," Article II "District; Reqilirernents," Section 130-33 "Off..Stre;;;t Parking Requirements For Parking Districts Nos. 2, 3, 4 And 5." By Amending The Parking Requirements For Sunset Harbour Parking Di$trict No. 5 For Residential And Live-Work Type Uses; Providing For Codification; Repealer; Severabilrty; Applicability; And An Effective Date. I qulries may be directed to the Planning Deparlrnent at {305) 673-7550. 12:00p.m. An Ordinance Amending The Code Of The C~y Of Miami 8¢ach By Amending Chapter 62, Entitled 'Human Relations," By Amending Article II!, Entitled "Domestic Partnersllips," Bl' Amending Section 62-121>, E~titled "Employment Benefits" To Add Section 62-128(d) To Provide Tax Equity To City Employees With Domestic Partners Enrolled In The City's Health And Dental Plans Who Currently Bear A Disproportionate Tax Burden Over That Of Their Married Counterparts. Inquiries may be directed to the Human Resources Department at {305) 673-7524. 5:00p.m. Alton Road Historic District Buffer OVerlay: An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 142, "Zoning Districts And Regulations," Article HI, "Overlay Dlstlicts," Creating Division 8 "Allan Road - Historic Olstrk>t Suffer OVerlay," By Including Section 142·858 "Location And Purpose; And SE:ction 142-859 "Development Regulations," Including Among Ofher Provisi011S Regulatipns On Maximum Floor Area Ratio; Maximum Building Height; Minimum Setbacks; Building Separation; Derr.olition Or Additions To Contributing Buildings In A Historic Di$trict; And Land USJ:~ Regulations For Location Of Retail Uses, Restaurants. Bars, Entertainment Establishmerrts, Aloo!lollc Severage Establishments And Similar Uses; Bequiring Conditional Use Approval Of Such Uses In Exces~ Of 10,000 Sq. Ft.; And Prohibiting Alcoholic Beverage And Entertainment Establishments In Open Areas With Exceptions As Prescribed In The Ordinance; Providing For Codification; Repealer; Severability, And An Effective Date. Inquiries may be directed to the Planning Department at (305) 673·7550. 5:05p.m. Alton Road Parking Oistrll.i No.6; An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 130 Off-Street Parking, Article II "Districts; Requirements," Se<.'lion 130-{;i "Parking Districts Established," Creating A New Parking District No. 6, And Section 130-33 "Off-Street Parking Requirements For Parking Districts Nos. 2, 3 And 4: By Adding New Parking Regulations For Parking Dlslrict No. 6, For Properties With A lot Line On Alton Road From 5th Street To Dade Boulevard, Including A Reduction In Off-Street Parking Requirements For Cartain Land Uses And Bicycle Parking Requirements; Providing For Codification; Rep1"..aler; Severability; And An Effective Date. Inquiries may be directed to the Planning Department at {305)673-7550. INTERESTED PARTIES are invrted to appear at this mooting, or be represented by an agent, or to express their views In writing addressed to the City Commission, c/o the City Cle;l<, 1700 Convention Cent<:r Drive, 1st Floor, City Hall, Mtami Beach, Florida 33139. Copies ol these items are available tor public inspection during normal business hours in the Cil>; Clerk's Oftlce, 1700 Convention Center Drive, 1st Floor, City Hal!. Miami Beach, Florida 33139. This mee{lng may be contim.led, and under such Circumstanef!s additional legal notice will not be provided. Rafael E. Granado, Cit'! Clerk City of Miami Beach Pursuant to Sectioo 288.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the C~y Commission with respect to any mattf¥ considered at as meeting or its hearing. ~uch person must ensure thai a verbatim record o1 the proceedings is made, which rw.:cnd Includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute coosenl by the City for IM introduction or admi~>Siorr of otherwise Inadmissible or Irrelevant evidence, nor does H authorize challenges or appeals not otherwise allowed by law. To request !his material !n accessible lorrnat, sign language interpreters, information on acces$ for persons w~h disabilities and/or any accommodation to review any doo;ment or participate In any cay-sponsored proceeding, pl.ease oontact us live days In advance at ($05) 873-7411{voice) or TIY users may aioo call the Flori.da Relay Service at 711. Adll781 COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment creating an Historic District Overlay Buffer for the east side of the Alton Road corridor between 6th and 11 1h Streets, 14th and 151h Streets and 1 ih Street to the Collins Canal. Key Intended Outcome Supported: Maintain strong growth management policies. 1-=----:-~-:::--:-----:cc:-----:=----:-------· ' .. --::-:-:---:-Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summa /Recommendation: FIRST AND ONLY READING The proposed Ordinance would create an historic district overlay buffer for those portions of the Alton Road corridor between 6th and 11th Streets, 14th and 151h Streets and 171h Street to the Collins Canal. The Administration recommends that the City Commission adopt the Ordinance. Advisory Board Recommendation: I On August 24, io1 0, the Planning Board transmitted the subject Ordinance to the City Commission 1 by a vote of 3-2. Financial Information: Source of Amount t Account Funds: -1 " D 2 I ------.. ·--· "------·-3 ---·· -··-OBPI Total " Financial Impact Summary: In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget By nature, a zoning district amendment does not have direct costs to the City, but it may affect long term revenue from property tax, sales tax and other revenue streams. Although some property owners have argued that the proposed overlay zoning will diminish their property values, the Administration believes that this is claim is highly speculative, especially if the Administration's alternate ordinance is adopted. The Administration's proposal would preserve all of the most valuable development rights on each parcel, with the exception of removing the .5 bonus FAR for residential use mixed with commercial uses. Since this is a bonus and not as-of-right floor area, it is difficult to say whether any real development would be sacrificed. There are no existing buildings in the district that have used this bonus. Counterbalancing any potential loss of development rights on private property is the companion ordinance creating Parking District #6, which will reduce minimum parking requirements thereby creating significant savings to private property owners in the cost of providing parking spaces. This ordinance is also expected to generally enhance property values throughout the neighborhood by permitting appropriately scaled in fill development and by encouraging th~. dev~lopment of sm .. aller, locally oriented .!:Jusine_§ses. --·-·---.. - City Clerk'~ Office Legislative Tracking_: --·-·--··---· [ffichard L~rber or Thoma~ Moo~ey . ----·, _ _j Si n-Offs: I MlAMlBEACH AGENDA JTEM B s c.. DATE h-S-t_3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beoch, Fiori do 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM Jimmy L. Morales, City Manager DATE: June 5, 2013 FIRST AND ONLY READING SUBJECT: Alton Road Historic District Buffer Overlay AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE Ill, "OVERLAY DISTRICTS," CREATING DIVISION 8 "ALTON ROAD -HISTORIC DISTRICT BUFFER OVERLAY," BY INCLUDING SECTION 142-858 "LOCATION AND PURPOSE," AND SECTION 142-859 "DEVELOPMENT REGULATIONS," INCLUDING AMONG OTHER PROVISIONS REGULATIONS ON MAXIMUM FLOOR AREA RATIO; MAXIMUM BUILDING HEIGHT; MINIMUM SETBACKS; BUILDING SEPARATION;_DEMOLITION OR ADDITIONS TO CONTRIBUTING BUILDINGS IN AN HISTORIC DISTRICT; AND LAND USE REGULATIONS FOR LOCATION OF RETAIL USES, RESTAURANTS, BARS, ENTERTAINMENT ESTABLISHMENTS, ALCOHOLIC BEVERAGE ESTABLISHMENTS AND SIMILAR USES; REQUIRING CONDITIONAL USE APPROVAL OF SUCH USES IN EXCESS OF 10,000 SQ. FT.; AND PROHIBITING ALCOHOLIC BEVERAGE AND ENTERTAINMENT ESTABLISHMENTS IN OPEN AREAS WITH EXCEPTIONS AS PRESCRIBED IN THE ORDINANCE; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. BACKGROUND In the Summer of 2006 the Historic Preservation Board initiated the westward expansion of the Flamingo Park Local Historic District to the east right-of-way line of Alton Road between 61h Street and 141h Street in order to protect the character of the adjacent National Register Historic District as well as the historically significant but yet unprotected properties along this stretch of Alton Road. It was noted by the board that recent commercial development trends along Alton Road could significantly adversely impact the quality of life and historic integrity of the National Register Historic District thereby undermining the cultural tourism appeal and quality of life of the city. At the same time the Historic Preservation Board requested the Planning Department to initiate a major planning study of the Alton Road Corridor, including both sides of the road between 51h Street and Michigan Avenue, which should include an analysis and Commission Memorandum Alton Road Buffer Overlay June 2013 2 of 7 evaluation of existing uses and conditions, historically significant properties, permitted building heights, allowable FAR, parking conditions and requirements, the efficacy of current zoning, and the character of the public right-of-way with regard to pedestrian amenities, convenient means of transit, and quality of landscape. The board further requested that the Planning Department organize and advertise a series of community planning workshops, inviting members of the Historic Preservation Board and the Planning Board, in order to gain public input and insight from local business owners and residents so that the Department might develop a comprehensive set of planning and zoning recommendations for future development and preservation along the corridor that would enable healthy future growth and development without overwhelming or adversely impacting the historic character of the area. On January 16, 2008, the Mayor and City Commission approved Ordinance No. 2008- 3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 8 Street and 14 Street; and on January 28, 2009, the Mayor and City Commission approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 6 Street and 8 Street The Planning Department conducted an analysis of existing conditions, issues and opportunities in the Alton Road corridor and held a community planning workshop on August 20, 2008 to receive community input on land use, zoning, business development, parking, transit and pedestrian/bicycle amenities. On January 27, 2009, the Planning Department presented preliminary findings and recommendations for the Alton Road Neighborhood Planning Study to the Planning Board. On February 26, 2009, the Planning Department and the Planning Board held a second community planning workshop on the Alton Road Neighborhood Planning Study to receive community input. Both community planning workshops were advertised by mailed notice to property owners, newspaper notice, and City email newsletters. On March 2, 2009, the Land Use and Development Committee adopted a motion directing the Planning Department to prepare an ordinance that would rezone the east side of Alton Road between 6 Street and 16 Street from the C0-2 district to the C D-1 district, and to review the uses and to the extent that there is a floor area incentive for mixed-use buildings, require that the additional FAR be set aside for affordable or workforce housing, and to refer the item to the Planning Board. On March 18, 2009, the Mayor and City Commission discussed the motion from the Land Use and Development Committee and clarified their intent to consider other options, including an overlay district that would remove the floor area ratio incentive for mixed-use projects. During the Planning Board meetings on April 21, 2009, May 26, 2009 and August 25, 2009, the Planning Department staff held additional detailed discussions with the Board on the proposed zoning modifications for the east side of Alton Road in the Flamingo Park Historic District. The proposed Alton Road-Historic District Buffer Overlay is the result of those discussions. On October 27, 2009, the Planning Board held a public hearing on the proposed overlay district and heard testimony from residents who were unhappy with some aspects of the draft ordinance. The Planning Board continued the hearing to the November 17 meeting and asked staff to meet with the concerned residents to try to resolve their issues. The Planning Department held two meetings with the residents on October 30 and November 9, 2009. The public hearing at the Planning Board meeting on November 17, 2009 resulted in several additional amendments to the proposed ordinance. The Planning Commission Memorandum Alton Road Buffer Overlay June 5, 2013 __ P_a-=-ge 3 of ~- Board recommended approval of the amended overlay district by a vote of 5 to 0. Subsequently, the Administration made a determination that the amendments added to the ordinance during the November 17 1h public hearing, specifically amendments dealing with land use restrictions, may require a different type of notice to property owners than was provided for the previous public hearings. To avoid any legal challenges, the overlay district was brought back to the Planning Board in the same form as it was approved in November, 2009, with 30-day notice mailed to all property owners in and within 375 feet of the proposed overlay district. On February 25, 2010, the Land Use and Development Committee discussed the proposed Alton Road Historic District Buffer Overlay. The Committee recommended that the ordinance be approved, and indicated that it does not need to come back to them unless there is a major material change made by the Planning Board. On April 27, 2010, the Planning Board held a second public hearing on the proposed Alton Road Historic District Buffer Overlay district after the required 30-day mailed notice. The Planning Board voted 5 -0 to recommend approval of the ordinance with an amendment that deleted the "no variances" provision. Subsequently, at their meeting on May 25, 2010, the Board voted 3 -2 to reconsider their recommendation and to schedule the item for rehearing. On August 24, 2010, the Planning Board held a third public hearing on the proposed Alton Road Historic District Buffer Overlay district after the required 30-day mailed notice. Based on objections from commercial property owners who were not present during the first two hearings, the Board voted separately on each of several amendments to the ordinance. Individual amendments that were approved by the Planning Board have been incorporated into the ordinance. However, a final vote to recommend approval of the entire ordinance, as amended, failed by a vote of 3-2 (four affirmative votes are required to approve a request that requires City Commission approval). On November 1, 2010, the Administration hosted a meeting between attorneys representing certain property owners who objected to the ordinance and representatives from the neighborhoods in an attempt to forge a compromise on several limited points of disagreement. As a result of that meeting, the Administration is proposing an alternate version of the ordinance that we believe satisfies the most critical objections from both sides; while at the same time it represents sound planning principles and the interests of the city-at-large. A summary chart of the disputed issues and proposed changes to the ordinance is enclosed as Attachment A, and each issue is discussed in the analysis below. On November 17, 2010, the ordinance was scheduled for first reading. The Mayor and City Commission continued the first reading to the January 19, 2011 meeting and referred the item to the Land Use and Development Committee for discussion. The LUDC deferred the item on January 31, 2011, February 23, 2011, and April 21, 2011. On May 18, 2011 the LUDC moved the ordinance to pending items based upon failure of various stakeholders to agree on details of the proposed Alton Road Historic District Buffer Overlay district. On January 23, 2013, the Ordinance was transmitted by the Land Use Committee to the full City Commission with a favorable recommendation. ANALYSIS The purpose of the Alton Road -Historic District Buffer Overlay District is to minimize Commission Memorandum Alton Road Buffer Overlay June 2013 4 of 7 the impacts of development along Alton Road on residential properties located in the Flamingo Park Historic District and the Palm View Historic District. Specifically the overlay district is intended to apply to properties zoned CD~2 Commercial Medium Intensity that are adjacent to lower intensity RS-4 and RM-1 residential buildings in designated local historic districts. The overlay district regulations are intended to achieve a more compatible relationship of scale and massing between the Alton Road corridor and the adjoining residential neighborhoods. The locations of the proposed overlay district are as follows: Area 1 includes those properties fronting on the east side of Alton Road from 6 Street to 11 Street. Existing zoning is CD-2 adjacent to RM-1 in the Flamingo Park Historic District. Area 2 includes those properties fronting on the east side of Alton Road from 14 Street to 15 Street. Existing zoning is CD-2 adjacent to RS-4 in the Flamingo Park Historic District. Area 3 includes those properties fronting on the east side of Alton Road from 17 Street to the Collins Canal, except for the corner property adjacent to 17 Street. Existing zoning is CD-2 adjacent to RS-4 in the Palm View Historic District. The proposed ordinance limits the floor area ratio (FAR) to a maximum of 1.5 by removing the existing bonus of .5 FAR for mixed-use buildings. This will make new construction along Alton Road more compatible in scale and intensity with the adjoining historic neighborhood zoned RM-1, which has existing buildings that range from 0.5 to 1.25 FAR with a few scattered sites over 1.25 FAR. During the planning process, various alternatives were considered, including down-zoning from CD-2 to CD-1, which has a maximum FAR of 1.0 with a mixed-use bonus of .25 FAR After much discussion and analysis, it was ultimately decided that 1.5 FAR is suitable for Alton Road development. This is based on many factors, including the importance of Alton Road as a commercial corridor and the existing bus and potential future transit linkages (e.g. Bus Rapid Transit). From an urban design viewpoint, the proposed overlay district forms a gradual stepping up of the intensity from RM-1 on the residential neighborhood to the east, to a maximum of 1.5 FAR on the east side of Alton Road, to a maximum of 2.0 FAR on the west side of Alton Road, to a maximum of 2.25 FAR (2.75 for large lots) on the Bayfront in RM-3. However, it must be noted that FAR alone does not define the building envelop that is necessary to assure compatibility with the historic district. The height and setback regulations described below are also necessary to achieve this goal. Another alternative that was discussed during the planning process was to keep a FAR bonus for residential uses in a mixed-use building, but to make the bonus an incentive to provide affordable or workforce housing. The Planning Board did not support this recommendation due to their consensus to limit FAR to a maximum of 1.5. The maximum building height in the Planning Board recommended ordinance is 43 feet along Alton Road and a maximum of 23 feet in the rear portion of the lots within 50 feet from the rear property line for lots abutting an alley (Lenox Court) and within 60 feet from the RM-1 district for blocks with no alley between 8 Street and 11 Street. The 23 feet height limit in the rear of the lots is based upon maintaining consistency with the predominant 2-story height of existing buildings in the RM-1 district. For lots adjoining single family districts, the 23 feet height limit will also ensure a compatible transition in the rear portion of the commercial property. The administration has an alternative recommendation for maximum building height of 50 feet along the front portion of the lots fronting Alton Road and 28 feet in the rear portion of the lots. This change is based upon information supplied by property owners concerning industry standards for Commission Memorandum Alton Road Buffer Overlay June 2013 5 of 7 minimum ceiling heights in new retail, restaurant and office buildings. However, this recommendation is subject to building separation requirements for larger site development (see below) to prevent monolithic buildings at 50 feet height. The building height limitations in the proposed overlay district are coupled with rear yard setbacks to achieve the appropriate buffer between the RM-1/RS-4 districts and the C0- 2 district. Proposed minimum building setbacks in the rear yard are 25 feet for lots with no alley and 5 feet for lots with an alley. The existing CD-2 and CD-1 zoning districts have a 5 feet minimum rear setback irrespective of whether there is an alley (20 feet width) to provide adequate separation between the buildings. The overlay district proposes a minimum 5 feet setback on the front and side facing a street. This is necessary to provide adequate pedestrian circulation space to support alternative modes of transportation and sustain a vibrant commercial district. The overlay district as amended by the Planning Board has no minimum interior side yard setback, nor does it have provisions for building separation, lot aggregation or view corridors on larger lot assemblages. Instead, the Planning Board version of the ordinance contains language requiring architectural treatments on the fac;ades of buildings to be reflective of the 50 feet wide lot development pattern that is predominant in the historic district. This could be accomplished by such things as small variations in setbacks, window placement, or vertical and horizontal design elements on the fac;ade, subject to design review. This was the recommendation of the Planning Board in November 2009 following extensive workshop discussions wherein the Planning Department staff had recommended various formulas for requiring a complete physical separation between adjacent buildings on the upper stories above ground level retail. The intent was to prevent a continuous wall of 40-50 feet tall buildings that would be inconsistent with the small lot development pattern of the historic residential neighborhoods. The current recommendation from the Administration is retain the language developed by the Planning Board with the clarification of "east and west" facades, and to add a paragraph requiring building separation under limited circumstances as follows: "Any development greater than 43 feet in height on a lot with more than 150 linear feet of frontage along Alton Road shall have a separation between all portions of the structure above a height of 28 feet, so that there is a minimum 15 feet wide view corridor running from east to west at least every 150 linear feet along the Alton Road corridor". The overlay district contains 9 contributing buildings in the Flamingo Park Historic District. Those contributing buildings are proposed to be subject to two of the same conditions applied to historic buildings in the adjoining RM-1 zoning district. Those include a prohibition on demolition of architecturally significant portions of the building and prohibition of building within a historic courtyard. Residents of the Flamingo Park neighborhood were concerned about impacts of noise and traffic from intensive commercial uses. Therefore, the proposed overlay district modifies the underlying CD-2 land uses in several ways. One of them is by prohibiting retail uses, restaurants, bars, entertainment establishments and similar uses at any level above the ground floor. An exception is provided for loft or mezzanine within the interior of a ground floor commercial space, provided that the loft or mezzanine does not exceed one third of the floor area of the store. Based upon objections from property owners, the current Administration recommended ordinance deletes the language limiting the loft or mezzanine to one third of the floor area, and replaces it with language permitting "a second floor within a ground floor commercial space, if it functions as one single contiguous establishment and is only accessible to the public through the contiguous Commission Memorandum Alton Road Buffer Overlay June 5, 2013 --------------· ·---------------_Page 6 of 7_ ground floor commercial space." This would allow two full floors inside any given retail store, similar to CB2 or Borders book stores, but it would not allow multilevel shopping centers. No alcoholic beverage establishment, entertainment establishment or restaurant may be licensed as a main permitted or accessory use in any open area above the ground floor (any area that is not included in the FAR calculations) or at ground level in any open area within 125 feet of a residential district, except that residents of a multifamily (apartment or condominium) building or hotel guests may use these areas, which may include a pool or other recreational amenities, for their individual, personal use with appropriate buffering as determined by the Planning Department or applicable land use board with jurisdiction. No variance to this provision would be permitted. In accord with the objective of encouraging locally oriented retail and service uses that are compatible in scale and character with the historic districts, the overlay district requires conditional use approval for any individual retail, restaurant, bar, entertainment establishment or similar establishment in excess of a certain size threshold. The Planning Dept. conducted a detailed survey of businesses in the Alton Road corridor and determined that a threshold of 5,000 sq. ft. generally separates businesses that primarily serve the neighborhood population from businesses that primarily serve the entire city and beyond. To provide a generous margin of error, staff doubled the recommended threshold to 10,000 sq. ft. for conditional use approval. The Planning Board changed the conditional use threshold from 10,000 sq. ft. to 20,000 sq. ft. by a 4-2 vote at their meeting on August 24, 2010, based upon objections from property owners. The Administration's recommendation is to keep the original threshold of 10,000 sq. ft. per establishment for conditional use approval based upon the analysis conducted by the Planning Department. A majority of the discussions during the community workshops and Planning Board meetings centered upon the blocks between 6th and 11th Streets. However, it was noted that there is an incompatible scale relationship between the CD-2 zoning district and adjoining RS-4 single family zoning districts located in the 1400 block and the 1700 block. Down-zoning to CD-1 was considered for these two blocks, but the Planning Department recommends that the proposed overlay district will provide a more effective buffer than CD-1 due to the height and setback regulations in the overlay district. At their August 24, 2010 meeting, the Planning Board voted 5-1 to remove lots 15 and 16 from the overlay district (northeast corner of 17 Street and Alton Road). PLANNING BOARD REVIEW The Planning Board reviewed the proposed Ordinance on 3 separate occasions, as noted hereto: 1. On November 17, 2009 the Board recommended approval by a vote of 5 to 0. 2. On April 27, 2010, the Board recommended approval by a vote of 5 to 0. 3. August 24, 2010, the Board transmitted the Ordinance by a vote of 3 to 2. FISCAL IMPACT In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. By nature, a zoning district amendment does not have direct costs to the City, but it may affect long term revenue from property tax, sales tax and other revenue streams. Although some property owners have argued that the proposed overlay zoning will diminish their property values, the Commission Memorandum Alton Road Buffer Overlay June 5, 2013 ---· Page 7_ of 7 Administration believes that this is claim is highly speculative, especially if the Administration's alternate ordinance is adopted. The Administration's proposal would preserve all of the most valuable development rights on each parcel, with the exception of removing the .5 bonus FAR for residential use mixed with commercial uses. Since this is a bonus and not as-of-right floor area, it is difficult to say whether any real development would be sacrificed. There are no existing buildings in the district that have used this bonus. Counterbalancing any potential loss of development rights on private property is the companion ordinance creating Parking District #6, which will reduce minimum parking requirements thereby creating significant savings to private property owners in the cost of providing parking spaces. This ordinance is also expected to generally enhance property values throughout the neighborhood by permitting appropriately scaled infill development and by encouraging the development of smaller, locally oriented businesses. SUMMARY The proposed ordinance was a companion item to the Alton Road Parking District No. 6 Parking District Ordinance. Ideally these two ordinances should be adopted together because they support one another. However, the Administration believes that the Alton Road Buffer Overlay Ordinance is valid as a standalone ordinance because it is based on the preservation and planning principles described in this memo. CONCLUSION The Administration recommends that the City Commission adopt the subject Ordinance. (tL JLM/JGG/RGL/TRM T:IAGENDA\2013\June 5\Aiton Road Buffer Overlay-MEM 1st read docx Alton Road Historic District Buffer Overlay ORDINANCE NO. ____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE Ill, "OVERLAY DISTRICTS," CREATING DIVISION 8 "ALTON ROAD ·HISTORIC DISTRICT BUFFER OVERLAY," BY INCLUDING SECTION 142·858 "LOCATION AND PURPOSE," AND SECTION 142-859 "DEVELOPMENT REGULATIONS," INCLUDING AMONG OTHER PROVISIONS REGULATIONS ON MAXIMUM FLOOR AREA RATIO; MAXIMUM BUILDING HEIGHT; MINIMUM SETBACKS; BUILDING SEPARATION; DEMOLITION OR ADDITIONS TO CONTRIBUTING BUILDINGS IN AN HISTORIC DISTRICT; AND LAND USE REGULATIONS FOR LOCATION OF RETAIL USES, RESTAURANTS, BARS, ENTERTAINMENT ESTABLISHMENTS, ALCOHOLIC BEVERAGE ESTABLISHMENTS AND SIMILAR USES; REQUIRING CONDITIONAL USE APPROVAL OF SUCH USES IN EXCESS OF 10,000 SQ. FT.; AND PROHIBITING ALCOHOLIC BEVERAGE AND ENTERTAINMENT ESTABLISHMENTS IN OPEN AREAS WITH EXCEPTIONS AS PRESCRIBED IN THE ORDINANCE; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, in the summer of 2006, the Historic Preservation Board initiated the westward expansion of the Flamingo Park Local Historic District to the east right-of-way line of Alton Road between 6 Street and 14 Street, and requested the Planning Department to initiate a major planning study of the Alton Road corridor, including both sides of the road between 5 Street and Michigan Avenue, to include an analysis and evaluation of existing uses and conditions, historically significant properties, permitted building heights, allowable FAR, parking conditions and requirements, the efficacy of current zoning, and the character of the public right-of-way with regard to pedestrian amenities, convenient means of transit, and quality of landscape; and WHEREAS, on January 1, 2008, the Mayor and City Commission approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 8 Street and 14 Street; and WHEREAS, the Planning Department conducted an analysis of existing conditions, issues and opportunities in the Alton Road corridor and held a community planning workshop on August 20, 2008 to receive community input on land use, zoning, business development, parking, transit and pedestrian/bicycle amenities; and WHEREAS, on January 27, 2009, the Planning Department presented preliminary findings and recommendations for the Alton Road Neighborhood Planning Study to the Planning Board; and WHEREAS, on January 28, 2009, the Mayor and City Commission approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 6 Street and 8 Street; and WHEREAS, on February 26, 2009, the Planning Department and the Planning Board held a second community planning workshop on the Alton Road Neighborhood Planning Study to receive community input; and WHEREAS, on March 2, 2009, the Land Use and Development Committee adopted a motion directing the Planning Department to prepare an ordinance that would rezone the east side of Alton Road between 6 Street and 16 Street from the C0-2 district to the CD-1 district, and to review the uses and to the extent that there is a floor area incentive for mixed-use buildings, require that the additional FAR be set aside for affordable or workforce housing, and to refer the item to the Planning Board; and WHEREAS, on March 18, 2009, the Mayor and City Commission discussed the motion from the Land Use and Development Committee and clarified their intent to consider other options, including an overlay district that would remove the floor area ratio incentive for mixed-use projects; and WHEREAS, on April 21, 2009, May 26, 2009 and August 25, 2009, the Planning Board held additional detailed discussions on the proposed zoning modifications for the east side of Alton Road in the Flamingo Park Historic District; and WHEREAS, the proposed "Alton Road -Historic District Buffer Overlay" district responds to concerns expressed by the Planning Board, the Land Use and Development Committee and local residents by requiring among other things, a more compatible relationship of scale and massing between new development along the east side of the Alton Road corridor and the adjoining residential neighborhoods, by promoting mixed-use development that makes efficient use of parking, by minimizing the concentration of impacts from intense retail and restaurant development and by encouraging smaller neighborhood- oriented uses. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article Ill, "Overlay Districts," Division 8 "Alton Road -Historic District Buffer Overlay" is hereby created as follows: DIVISION 8. ALTON ROAD-HISTORIC DISTRICT BUFFER OVERLAY Sec. 142-858. Location and purpose. (a) The regulations of this division shall apply to properties within the following boundaries, which shall be known as the Alton Road -Historic District Buffer Overlay. (1) Area 1 shall be those properties fronting on the east side of Alton Road from 6 Street to 11 Street, more specifically described as Lots 9 thru 16, Block 105 and Lots 9 thru 16, Block 106, OCEAN BEACH, FLA ADDITION W3, Plat Book 2, Page 81, Public Records of Miami-Dade Countv, Florida. TOGETHER WITH: Lots 6 thru 10, Block 122. Lots 7 thru 12. Block 123. and Lots 7 thru 12, Block 124. all in LENOX MANOR. Plat Book 7, Page 15, Public Records of Miami" Dade County, Florida. 2 (2) Area 2 shall be those properties fronting on the east side of Alton Road from 14 Street to 15 Street, more specifically described as Lots 13 thru 24. Block 109, OCEAN BEACH, FLA. ADDITION W3, Plat book 2. Page 81, Public Records of Miami-Dade County. Florida. TOGETHER WITH: Lots 3, and 4, Block 68, COMMERCIAL SUBDIVISION OF THE ALTON BEACH REALTY COMPANY, Plat Book 6. Page 5. Public Records of Miami- Dade County, Florida. (3) Area 3 shall be those properties fronting on the east side of Alton Road from 17 Street to the Collins Canal, more specifically described as Lots 10 thru 14_, Block 18. FIRST ADDITION TO COMMERCIAL SUBDIVISION OF THE ALTON BEACH REALTY COMPANY, Plat Book 6, Page 30. Public Records of Miami-Dade County, Florida. (b) The purpose of this overlay district is to minimize the impacts of development along Alton Road on residential properties located in the Flamingo Park Historic District and the Palm View Historic District. Specifically the overlay district is intended to apply to properties zoned CD-2 Commercial Medium Intensity that are adjacent to lower intensity RS-4 and RM-1 residential buildings in designated local historic districts. The overlay district regulations are intended to achieve a more compatible relationship of scale and massing between the Alton Road corridor and the adjoining residential neighborhoods, to promote mixed-use development that makes efficient use of parking. to minimize the concentration of impacts from intense retail and restaurant development and to encourage smaller neighborhood-oriented uses. Sec. 142-859. Development regulations. The following overlay regulations shall apply within the Alton Road -Historic District Buffer Overlay District. All development regulations applicable to and/or in the underlying zoning district shall apply, except as follows: (a) Maximum FAR. The maximum floor area ratio (FAR) in this overlay district shall be 1.5. The floor area ratio provision for mixed use buildings in section 142-307(d)(2) shall not apply in this overlay district. {b) Maximum building height. The maximum building height in this district shall be 50 feet and a maximum of 4 stories, except that building height shall be limited to 28 feet within 50 feet from the rear property line for lots abutting an alley (Lenox Court) and within 60 feet from the RM-1 district for blocks with no alley between 8 Street and 11 Street. There shall be no variances for building height. {c) Minimum setbacks. (1) Front-5 feet. (2) Side facing a street - 5 feet. (3) Interior side-0 feet. 3 (4) Rear -for lots with a rear property line abutting an RM-1 or an RS-4 district the rear yard setback shall be a minimum of 25 feet: for lots with a rear property line abutting an alley (Lenox Court) the rear setback shall be a minimum of 5 feet; otherwise the rear setback shall be a minimum of 7.5 feet. (5) There shall be no variances for building setbacks, except for triangular lots. (d) Building separation: ( 1) The east and west facades of any building constructed on more than 50 linear feet of frontage along Alton Road shall be divided into segments with building massing and architectural treatments intended to be reflective of the 50 feet wide lot development pattern that is predominant in the historic district. (2) Any building greater than 43 feet in height with a footprint that occupies more than 150 linear feet of frontage along Alton Road shall have a separation between all portions of the building above a height of 28 feet, so that there is a minimum 15 feet wide view corridor running from east to west at least every 150 linear feet along the Alton Road corridor. (e) The following regulations shall apply to lots containing contributing buildings in the Flamingo Park Historic District within the Alton Road -Historic District Buffer Overlay. (1) Only those portions of a contributing building that were not part of the original structure on site, or that have not acquired any type of architectural significance, as determined by staff or the historic preservation board, may be issued a Certificate of Appropriateness for demolition. (2) For contributing buildings or properties, no building or structure shall be permitted within an existing historic courtyard. For purposes of this subsection, an historic courtyard shall be defined as a grade level space, open to the sky, which is enclosed on at least two sides by an existing building or structure on the same property and is an established architectural or historic component of the site or building design by virtue of significant features and/or finishes, including, but not limited to. paving patterns, fountains, terraces, walkways or landscaping. (f) Land Use: Main permitted uses. conditional uses and accessory uses shall be permissible as set forth in the CD-2 district regulations. with the following exceptions: (1) Retail uses, restaurants, bars, entertainment establishments and similar uses shall not be permitted at any level above the ground floor, except that a loft or mezzanine containing these uses may be permitted within the interior of a ground floor commercial space. This subsection shall not apply to existing and proposed retail uses in buildings existing in this district as of the effective date of this ordinance. (2) Any individual retail. restaurant, bar. entertainment establishment or similar establishment in excess of 10.000 square feet. inclusive of outdoor seating areas, shall require conditional use approval. The regulations in Chapter 4 142. Article V. Division 6. Entertainment Establishments. shall continue to apply to uses in this overlay district. (3) No alcoholic beverage establishment. entertainment establishment or restaurant may be licensed as a main permitted or accessory use in any open area above the ground floor (any area that is not included in the FAR calculations) or at ground level in any open area within 125 feet of a residential district, except that residents of a multifamily (apartment or condominium) building or hotel guests may use these areas, which may include a pool or other recreational amenities, for their individual, personal use with appropriate buffering as determined by the Planning Department or applicable land use board with jurisdiction. SECTION 2. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of-------' 20_. ATTEST: CITY CLERK First Reading: June 5, 2013 Verified by: --------- Richard G Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language T:\AGENDA\2013\June 5\Aiton Road Buffer Overlay-ORO 1st read.docx 5 MAYOR APPR EDAS TO F R~ AND LANGUAGE A FOR EXECUTION 5b'llt2 J J Date /\1\IAtV\1 CITY OF MIAMI BEACH NOTICE OF AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF MIAMI BEACH CODE OF ORDINANCES NOTICE TO THE PUBLIC PUBLIC NOTICE IS HEREBY GIVEN that the Miami Beach City Commission will hold a meeting on WEDNESDAY, June 5, 2013 at 9:00 a.m. in the City Commission Chambers, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. During this meeting, the City Commission will hold a public hearing on the following Ordinance: ALTON ROAD HISTORIC DISTRICT BUFFER OVERLAY. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGUI.ATIONS," ARTICLE Ill, "OVERu,y DISTRICTS," Cf,EATING DIVISION 8 "ALTON ROAD • HISTORIC DISTRICT BUFFER OVERLAY," BY INCLUDING SECTION 142-858 "LOCATION MJD PURPOSE," AND SECTION 142-859 'DEVELOPME~IT REGULATIONS," INCLUDING AMONG OTHER PfjOVISIONS REGULATIONS ON MAXIMUM FLOOR AHEA RATIO; MAXIMUM BUILDII•lG HEIGHT; MINIMUM SETBACKS; BUILDING SEPARATION; DEMOLITION OR ADDITIONS TO CONTRIBUTING BUILDI~IGS IN Nl HISTOFliC DISTriiCT; AND LAND USE REGULATIONS FOR LOCATION OF RETAIL USES, RESTAURANTS, BARS, ENTERTAINMENT ESTABLISHMENTS, ALCOHOLIC BEVERAGE ESTABLISHMENTS AND SIMILAR USES: REQUIRING CONDITIONAL USE APPROVAL OF SUCH USES IN EXCESS OF 10,000 SO. FT.; AND PROHIBITING ALCOHOLIC BEVERAGE AND ENTERTAINMENT ESTABLISHMENTS IN Or'EN AREAS WITH EXCEPTIONS AS PRESCRIBED IN THE ORDII·jANCE; PROVIDING FOR CODIFICAfiON; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. Alllme;rested pames we !nvit6d ro Zl!='pear ~t tr-,is meeung or be repr.;.s.>?.nted by <Hi agel'it, or to expreS$ t"'re!r v~<aw:s in ~;ritlng adart"'JSec' l(J Plannmg Departmliflt, ~·roc CrJ."!V~mtJo'l Cer'lt~r Dflve, :<::-....,.Floor, Clty HaJI, Miom1 Beach, F(;;nd<~. 33~3-J. propo!;OO am;;:nQrnents are avat!.;,r;la Ri lhe Planmng Depanm€ot. Purcuar.t tc f!<"m,ja Stal 2"86.0lCS, ;he Cit)' hereby by the City Comm1s~,1<;r, >'>'ll.h r.::spoct ~o ar:y rT•alter c.orts.ld€re-d at ItS mr_,~::ung t1r tts he:cnn~, S<.J(.h p;;rsr;r; rru..-st ensJre th""-1 a verba~im r~co•d of th~ pt:cc.eed:rrg<. IS made, which record muM induce the tes.\Wf'ony ar.d <Wide-""lce upon wl'ne:h th6 appeaJ :s 10 b& bn~...ed. Thi~ r.{)tic.e doot not rxX~st:twte coo.;;enl by trre C.ty tvr tt"W LnlrOOIJCiiOr'l or adrniz.:;,.ir)l"; of O\lv:r'.Yi~0 !r'.<s:dmi~~r-.le <;r 1nelevant evidarrt_.e, ncr doe.;. it authotil.e d . .aUCf19e'"~ or app;.;als n.ot ntherv.l<$~ all1'.1wE:d by Ia~•. In accordru-,ce wi~h tM Arnen-::ans w•!ti D•~abt\;ties. Acl of i 990, parSQ;rs. n&Gdrl'"lq $ped.:!l ~<:cr;ommodaticn 10 partrc1pb~l't m tt·,;s p(oceooh·,:;! shotJid cor,tac! H~e Crty Cl€rl<. ru) l~:i>t:h.:w four d&y:'l. ~~nor to ;.t\a ptoce<:!ding. TeleptH)r,~ (:1(}5) €>73~?&50 ror C!S-sistancl): il heann~ unp':ltred, t~k .. rA~t)r.~ the floric~ P~lay Servrce .r:vrnb<'.!IS., (305) €"13· 7218 0' /11, lor a~;,lstance. CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that public hearings will be held by !he Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive, Mlarni Beach, Florida, on Wednesday, June 5, 2013 to conaider the following: 10;45a.m. Sunset Harbour ResidooUal Parking Requirements An Ordinance Amending The Code Of The City Of Miami Beach, Florida By Amending Chapter 130, "Off-Street Parking," Article li "Distrl~i; Requirements," Section 130·33 "Off-Street Parking Requirements For Parking Districts Nos. 2, :3, 4 And 5," By Amending The Parking Requirements For Sunset Harbour Parking District No. 5 For Residential And Live-Work Type Uooa; Providing For Codification; Repealer, Severability; Applicabiflty; And A~ Effective Oats. inquiries may be directed to the Planning Department at i30S) 673·7550. 12:00p.m. An Ordinance Amending The Code Of The Crty Of Miami Beach Sy Amending Chapter 62, Entitled "Human Relations," By Amending A!Ucte Ill, Entitled "Domestic Partnerships," By Amending Section 62·128, Entitled "Employment Benefits" To Add Section 62-i28(d) To Provide Tax Equity To City Employees With Dome~iic Partners Enrolled in The City's Health And Dental Plans Who Currently Sear A Disproportionate Tax Burden Over That Of Their Married Counterparts, nqulries may be direcle<:l to !he Human Resources Department at (305) 67$-7524. 5:00p.m. AHem Road Historic Distrk;t Sutter Overlay: An Ordinance Amending The Code Of The City Of Miami Bel'!ch, Florida, By Amending Chapter 142, •zoning Di!ilric1s And Regulatirms," Article !II, •overlay Districts,'' Creating Division 8 "Alton Road - Historic Oistr!ct Buffer Overlay," By Including Section 142-858 "Location And Purpose," And Section 142-859 "Development Regulations," Including Among Other Provisions Regulations On Maximum Floor Area Ratto; Maximum Building Height; Minimum Setbacks; Building Separation; DemolitiOn Or Additions To Contributing Building& !n A Historic District; And Land Use Regulations For Location Of Retail Uses, Restaurants, Bars, Entertainment Establishments, Alcoholic Beverage Establishments And Similar Uses; Requiring Conditional Use Approval Of Such Uses i.n Excess Of 10,000 Sq. Ft.; And Prohibiting Alcoholic Beverage And Entertainment Esabtishmenls In Open Areas Wfth Exceptions Aa Prescribed In The Ordinance; Providing For Codification; Repealer; Severability; And An Effective Date. inquiries may be directed to the Planning Department at (305) 673-7550. 5:05p.m. Atton Road Parking District No. 6: An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 130 Oft-Street Parking, Artlc..ie II "Districts; Requirements," Section 130-31 "Parking Districts Established," Creating A New Parking District No. 6, And Section 130-33 "Off-Streat Parking Requirements For Pruking Districts Nos. 2, 3 And 4." By Adding New Parking Regulations For Parking District No. 6, For Properties With A Lot Une On Aaon Road From 5th Street To Oede Boulevard, including A Reduction In Off-Street Parking Requirements For Certain Land Uaea And Bicycle Parking Requirements; Providing For Co<;lifioation; Repealer; Severability; And An Effective Date. Inquiries may be directed to the Pl<tnning Department at {305)673· 7&50. INTEAES1"F.D PARTIES are invited to appear at !his meeting, or be represented by a'l agent, or to express their views in writing addressed to the C~y Commission, clothe City Clerk, 1700 Conventton Center Drive. i st Floor, City Hall, Miami Beach, Flonda 3:';1 39. Copies ol these items are available for publk; inspectioo during normal busine<~s hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, C~y Hall, Miami Beach. Florida 33139. This meeting may be continued, and under such cirCi.lmstan~s additional legal notice wlll not be provided. Rafa"'l E. Granado, City Clerk City of Miami Beach Pursuant to Secltorr 286.0105. Fla. Stat., the City hereby advioos the public that: a a person decides to appeal any decision mad(> by the Cfty Commission with respect to any matter considered at tts meeting or its healing, such per!K>n must ensure that a verbatim record ol 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 adml!lsion of otherwise inadmissible or lrralev~nt evidence, nor does it authorize challenges or appeals not otherwise allowed bylaw. 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 proceedmg, please contact us tl•te days in advance at (300) 673-7411(voice) or TTY users may also call the Florida Rei<ty ServiCe at 71 i, Ad 11781 THIS PAGE INTENTIONALLY LEFT BLANK lt!i - COMMISSION ITEM SUMMARY Condensed Title: Second Reading to consider an Ordinance Amendment creating Parking District No. 6 in the Alton Road corridor from 51 h Street to Dade Boulevard. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys;··Enviro.nment-ai:-:S::-c-a_n_, e-:t-c 48% of residential respondents·· and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summa /Recommendation: SECOND READING The proposed ordinance would amend the parking requirements by reducing or eliminating required off-street parking for certain types of residential, office and commercial uses within the Alton Road corridor from 51h Street to Dade Boulevard. The subject Ordinance was approved at First Reading on May 8, 2013. The Administration recommends that the Cit Commission adopt the Ordinance. Advisory !3oard __ Recommen~ation: --------....,--,---- ~ September 28, 2010, the Planning Board transmitted the subject Ordinance to theCTtYl. L~mmis~ion with a favorable recommendation by ~-vote of 5-0. . _.J Financial Information: Source of Funds: [ o:::-:e=P=-=-1-J 1 2 3 Total .• pact Summary: Amount - .. c.....__. •• . Account - ·--· ----· ··- .. ·- . -. . -· . e with Charter section 5.02, which requires that the "City of Miami Beach shall consider Financiallm In accordanc the long-term that the City proposed le ordinance w annually for annual fee-in parking exe However, th development expected to economic impact (at least 5 years) of proposed legislative actions," this shall confirm Administration evaluated the long-term economic impact (at least 5 years) of this gislative action, and estimated that the proposed Alton Road Parking District No. 5 ill have a direct fiscal impact on parking impact fee revenue of approximately -$37,000 existing retail and restaurant businesses that would no longer be required to pay the -lieu of providing parking. In the future, there will be new businesses that qualify for the mption, thereby reducing potential future revenue to the parking impact fee fund. is is expected to be more than offset by the incentive that this ordinance provides for of new businesses in the Alton Road corridor. New construction and rehabilitation is increase property tax and sales tax revenue to the City. Reduced parking requirements ance are also expected to increase parking revenue, especially in the 51h and Alton in this ordin arage. Ther efore, the long ter.m net fiscal impact i~ expected to be positive. .. . .. .. City Clerk's Off1ce Leg1slat1ve Trackmg: [Richard Lorber or_Thomas Moo~ey .. Sign-Offs: Department Director I ,. MIAMJBEACH City Manager MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, florida 33139, www.miomibeachfi.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and M bers of~mmission FROM: Jimmy L. Morales, City Manager DATE June 5, 2013 SECOND READING SUBJECT: Alton Road Parking District 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 "DISTRICTS; REQUIREMENTS," SECTION 130-31 "PARKING DISTRICTS ESTABLISHED," CREATING A NEW PARKING DISTRICT NO. 6, AND SECTION 130-33 "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3 AND 4," BY ADDING NEW PARKING REGULATIONS FOR PARKING DISTRICT NO.6, FOR PROPERTIES WITH A LOT LINE ON ALTON ROAD FROM 5TH STREET TO DADE BOULEVARD, INCLUDING A REDUCTION IN OFF- STREET PARKING REQUIREMENTS FOR CERTAIN LAND USES AND BICYCLE PARKING REQUIREMENTS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. BACKGROUND In the Summer of 2006 the Historic Preservation Board initiated the westward expansion of the Flamingo Park Local Historic District to the east right-of-way line of Alton Road between 61h Street and 14 1h Street in order to protect the character of the adjacent National Register Historic District as well as the historically significant but yet unprotected properties along this stretch of Alton Road. It was noted by the board that recent commercial development trends along Alton Road could significantly adversely impact the quality of life and historic integrity of the National Register Historic District thereby undermining the cultural tourism appeal and quality of life of the city. At the same time the Historic Preservation Board requested the Planning Department to initiate a major planning study of the Alton Road Corridor, including both sides of the road between 5th Street and Michigan Avenue, which should include an analysis and evaluation of existing uses and conditions, historically significant properties, permitted building heights, allowable FAR, parking conditions and requirements, the efficacy of current zoning, and the character of the public right-of-way with regard to pedestrian amenities, convenient means of transit, and quality of landscape. Commission Memorandum Alton Road Parking District 6 June 5, 2013 ·----·-------"····--·-··-------. _____ P_f!ge 2 of 9_ The board further requested that the Planning Department organize and advertise a series of community planning workshops, inviting members of the Historic Preservation Board and the Planning Board, in order to gain public input and insight from local business owners and residents so that the Department might develop a comprehensive set of planning and zoning recommendations for future development and preservation along the corridor that would enable healthy future growth and development without overwhelming or adversely impacting the historic character of the area. On January 16, 2008, the Mayor and City Commission approved Ordinance No. 2008- 3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 8 Street and 14 Street; and on January 28, 2009, the Mayor and City Commission approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 6 Street and 8 Street The Planning Department conducted an analysis of existing conditions, issues and opportunities in the Alton Road corridor and held a community planning workshop on August 20, 2008 to receive community input on land use, zoning, business development, parking, transit and pedestrian/bicycle amenities. On January 27, 2009, the Planning Department presented preliminary findings and recommendations for the Alton Road Neighborhood Planning Study to the Planning Board. On February 26, 2009, the Planning Department and the Planning Board held a second community planning workshop on the Alton Road Neighborhood Planning Study to receive community input. During the Planning Board meetings on April 21, 2009, May 26, 2009 and August 25, 2009, the Planning Department staff held additional detailed discussions with the Board on the proposed zoning modifications for the east side of Alton Road in the Flamingo Park Historic District, known as the Alton Road Historic District Buffer Overlay District. The analysis provided by staff included recommendations for increased building setbacks and reduced building height, all of which depended upon reduced on-site parking requirements to achieve the maximum Floor Area Ratio of 1.5. During the September 22, 2009 Planning Board discussion item, staff presented specific recommendations for reducing the parking requirements. Those recommendations have been incorporated into the proposed Alton Road Parking District ordinance. On September 28, 2010, the Planning Board voted 5-0 to recommend approval of the ordinance creating Parking District #6 (formerly known as Parking District #5) for the Alton Road corridor. On November 17, 2010, the ordinance was scheduled for first reading. The Mayor and City Commission continued the first reading to the January 19, 2011 meeting and referred the item to the Land Use and Development Committee for discussion. The LUDC deferred the item on January 31, 2011, February 23, 2011, and April 21, 2011. On May 18, 2011 the LUDC moved the Parking District #6 ordinance to pending items based upon failure of various stakeholders to agree on details of the proposed Alton Road Historic District Buffer Overlay district. The proposed parking district was not discussed. On September 19, 2012, the LUDC discussed the parking district and directed staff to reschedule the item for the November meeting along with its original companion item, the Alton Road Historic Buffer Overlay District. The matter was continued in November and on January 23, 2013; the Ordinance was transmitted by the Land Use Committee to the full City Commission with a favorable recommendation. Commission Memorandum Alton Road Parking District 6 June 5, 2013 ANALYSIS Page 3 of 9 The proposed Alton Road Parking District, entitled Parking District #6, can be classified as "context~specific parking standards" also known as "flexible parking standards", which are modeled after a national movement to set parking standards to fit the characteristics of specific neighborhoods. Citywide parking standards may not always fit the conditions in a particular neighborhood or the long term vision of how that neighborhood should develop. Context sensitive or flexible parking requirements are based on certain considerations such as access to transit, presence of nearby complementary destinations with walking/biking distance, potential for shared parking, auto~ownership rates in the neighborhood, expected demographics of future residents, implementation of programs to reduce demand for parking and availability of public parking. The Alton Road corridor scores high marks in all of the considerations listed above. Parking District #6 has been tailored to meet the following neighborhood~specific objectives, as identified during the neighborhood planning process: 1. To minimize the height and bulk of new buildings where required vehicle parking would be located inside the building. 2. To encourage development of commercial uses that are oriented to local neighborhood customers and employees who could walk or ride bicycles, rather than those uses that would attract a large number of vehicle trips. 3. To promote the development of smaller, more affordable housing units. 4. To enable automobile drivers to park once at a convenient location and to access a variety of commercial enterprises in pedestrian friendly environments by encouraging shared parking and off~site parking. 5. To reduce diffused, inefficient, single~purpose reserved parking. 6. To provide secure bicycle parking for employees, customers and residents. Parking District #6 would also support the draft Transportation Element of the City of Miami Beach Comprehensive Plan, which contains the following policies: Policy 8.5: Maximum Parking Standards The City shall examine the economic, transportation and recreational impact of strategically limiting parking in certain areas, as a means to reinforce alternative modes of transportation. Policy 8. 7: Bicycle Parking The City shall require all new developments to provide secure short term and long term bicycle parking in the form of bicycle racks, bicycle lockers, locked rooms or other appropriate enclosures as a way of reducing the demand for automobile parking. Policy 8.9: Monitoring Supply and Demand The City shall continuously monitor and update the parking requirements in the Land Development Regulations to result in a better ratio of supply to demand which implements innovative parking strategies in commercial areas to promote multi~ modalism. Commission Memorandum Alton Road Parking District 6 June 2013 Policy 6.1: Transportation Systems Management 4 of 9 The City shall encourage appropriate TSM strategies to improve the mobility systems efficiency, effectiveness and safety. These may include but are not limited to: • Traffic management and traffic monitoring programs • Incident management • Congestion management • Access management • Parking policies which discourage single-occupancy vehicles • The encouragement of carpools, vanpools or ridesharing • Programs or projects that improve traffic flow, including projects to improve signalization • On road bicycle lanes, bicycle parking, and bicycle amenities at commercial and residential uses • Improve intersections, and implement Intelligent Transportation Systems (ITS) strategies, including Pedestrian oriented intersection design strategies • Pedestrian countdown signals Policy 6.2: Transportation Demand Management The City shall encourage appropriate TOM strategies to improve the mobility systems efficiency, effectiveness and safety. These may include but are not limited to efforts to reduce the dependence on single-occupant vehicle trips, and the encouragement of the use of bicycle, pedestrian and transit modes as a means of commuting and recreational mobility. These may include, but are not limited to: • carpools, • van pools, • demand response service, • paratransit services (for special needs population), • public/private provision of transit service, • bike sharing, or_ shared car initiatives, • provision of bicycle racks • provision of parking for carpools • alternative hours of travel, including flexible work hours, staggered work shifts, compressed work weeks and telecommuting options, • subsidy of transit fares, • used of long term parking to be developed at City's entry points, • shared vehicular and pedestrian access for compatible land uses, where possible, • shared parking agreements for compatible land uses, where possible, • provision of transit amenities, • car share vehicle parking. The following is an explanation of each section of the proposed ordinance. Boundaries: The proposed parking district No. 5 includes those properties with a lot line on Alton Road from 5 Street on the south to Dade Boulevard on the north with the exception of properties included in parking district No. 2 (Lincoln Road). Analysis shows that all properties in this corridor segment share common characteristics with respect to parking needs and future development objectives. Residential parking: The proposed ordinance would to reduce parking requirements for new residential construction or for increasing the number of units in an existing building. The proposed parking ratios are based on the size of the units with small incremental Commission Memorandum Alton Road Parking District 6 June 2013 5 of 9 increases in the required number of parking spaces as the unit sizes get larger. These ratios will more closely mirror the actual size of existing apartment units and the rate of vehicle ownership within the neighborhood. Data from the 2000 Census shows that over 36% of the households in the study area had no car at all and another 51% owned only 1 car. The reduced parking requirement for smaller apartments will help to reduce the cost of those units, which supports an important objective for housing afford ability. The Planning Department recently reevaluated the residential parking ratios recommended in the November 17, 2010 ordinance and determined that they should be adjusted to a slightly higher requirement to account for the parking needs of any potential large scale residential development. The revised residential parking ratios are also similar to the adopted parking ratios for the North Beach Town Center TC zoning district. Following is a comparison of the minimum required parking spaces per dwelling unit for the existing zoning code, the 2010 proposed ordinance and the 2013 revised recommendation. Unit Size (sq. ft.) 550-799 800-999 1000-1199 1200-1399 1400-1599 1600 + Existing Code 1.5 1.5 1.75 2.0 2.0 2.0 2010 .75 1.0 1.25 1.5 1.75 2.0 2013 1.0 1.25 1.5 1.75 2.0 2.25 Further reductions in the minimum residential parking requirements are available on a voluntary basis for parking spaces dedicated to an official car sharing program. The recommended reduction would be 4 parking spaces for every 1 parking space reserved for a vehicle owned and operated by an official car-share program sanctioned by the City of Miami Beach, not to exceed a total of 4 car-share parking spaces or 20% of the total number of required residential parking spaces, whichever is lower. Retail stores, food stores and personal service establishments: The first 2,500 square feet for each individual establishment is proposed to be exempted from any parking requirement up to a total aggregate square footage of 10,000 square feet per development site. The theory behind this is that generally, smaller businesses will be catering to the local residential market, where many of the customers currently access the businesses by walking, bicycling or the South Beach Local. Attracting locally- oriented businesses is an objective identified during the Alton Road neighborhood planning process. This is a more targeted parking exemption than that which is used in parking districts 2, 3, and 4, where all retail/service uses are exempted from parking requirements. Any portion of an establishment over 2,500 sq. ft. or over a total aggregate square footage of 10,000 sq. ft. will be subject to the existing parking requirement of 1 :300. At the request of Mayor Bower, the Administration prepared alternate language for consideration by the LUDC that would require a minimum of 2 parking spaces for each establishment of 2,500 square feet or less. This would translate to 1 -3 parking spaces for each store under 2,500 square feet, depending upon the size of each store. See attached summary. Commission Memorandum Alton Road Parking District 6 June 5, 2013 ·------.,··------· ·---· Page 6 of S!_ Subsequent to the September 19, 2012 LUDC meeting, the Administration reevaluated the recommendation for parking reductions for retail stores, food stores and personal service establishments and determined that it should be revised to apply only to development sites with a total of 10,000 square feet or less of these uses. In addition, the revised recommendation would remove the incremental reduction for individual stores that are over 2,500 sq. ft. but less than 10,000 sq. ft. Therefore, the revised tables of example retail development sites would look like this: Restaurant, outdoor cafe or bar: The first 1,500 square feet or 60 seats (up to a total aggregate square footage of 5,000 square feet per development site) are proposed to be exempted from any parking requirement. The logic is the same as for retail/service uses except that the occupancy is much higher per square foot in food and drink establishments. Any portion of an establishment over 1,500 square feet or 60 seats (or over a total aggregate square footage of 5,000 sq. ft.) will be subject to the existing parking requirement of 1 space per 4 seats or 1 space per 60 square feet of space not used for seating. At the request of Mayor Bower, the Administration prepared alternate language for consideration by the LUDC that would require a minimum of 1 space per 12 seats and 1 Commission Memorandum Alton Road Parking District 6 June 2013 7 of 9 space per 180 square feet of standing area in a bar not utilized for seating for the first 60 seats or 1,500 square feet of floor area in each establishment. See attached summary. Hotel, suites hotel, motel or motor lodge: The proposed ordinance would require a minimum of 1 space per 2 units, which is half of the existing requirement of 1 space per unit. This is based on the assumption that hotel guests generally do not need a car in this neighborhood, and that most of the employees will access the site by walking, bicycling or transit. Offices: The proposed minimum parking requirement for office space is the same as the existing requirement (1 :400 and medical 1 :300). However, a reduction of 20% is available in exchange for a voluntary covenant ensuring that there will be no reserved parking for individual tenants. Centralized parking: This option is available to non-residential development located near a publicly accessible parking facility (public or private-owned), provided that a parking study demonstrates that there are a sufficient number of parking spaces available to serve the subject development. The proposed reduction in the minimum parking requirement is based upon distance from the off-site facility: 30% for sites within 500 feet, 20% for sites within 1000 feet and 10% for sites within 1200 feet. This policy supports the efficient use of centralized parking facilities and encourages customers to park their car once and walk to a variety of destinations in the commercial district, rather than driving to multiple private parking lots. The Administration recommends a clarification to this paragraph stating that distances shall be measured along the pedestrian pathway between the pedestrian access points for the subject uses and the parking facility. Shared parking: Section 130~221 of the City code currently provides a parking reduction for mixed-use developments based upon the day and time of peak parking demand for each type of land use. However, it does not include residential uses and does not allow off-site parking. Parking district No. 5 would add residential uses to the shared parking calculation at a rate of 50% utilization for daytime weekdays, 70% utilization for daytime weekends, and 100% utilization for nighttime. The proposed ordinance would also allow the shared parking spaces to be located off~site within 600 feet. Carpool and vanpool parking: The proposed ordinance would reduce the mm1mum parking requirement by 3 parking spaces for every 1 parking space reserved for carpool or vanpool vehicles registered with South Florida Commuter Services, not to exceed a reduction of more than 10% of the off-street parking spaces that would otherwise be required. The property manager must submit an annual report to the Planning Director documenting the carpool/vanpool registration and ongoing participation by registered users. This option is limited to non-residential uses, whereas the residential uses have the car~sharing option described above. Bicycle parking: The proposed ordinance would introduce m1n1mum parking requirements for bicycles, including short term spaces (bicycle racks) for customers and long term spaces for employees and residents. The long term spaces would require more security such as being located in a fenced area or inside the building. The bicycle parking requirements are based on the LEED (Leadership in Energy and Environmental Design) standards for neighborhood development. They are an important complement to the reduced vehicle parking requirements in parking district No. 5. The Administration envisions these bicycle parking standards to be a model for the entire city. Commission Memorandum Alton Road Parking District 6 June 5, 2013 ---Page 8 of 9 The minimum required vehicular parking would be reduced by: 1 space for every 5 long term bicycle parking spaces and 1 space for every 10 short term bicycle parking spaces, not to exceed a total of 30 vehicular parking spaces or 15 percent of the required vehicle parking spaces, whichever is less. Historic Buildings: A change of use or alteration to contributing buildings in historic districts does not require parking, unless additional floor area is added to the building. This is an important principle that has existed in the City Code for many years to promote historic preservation. The proposed Parking District #6 would not affect that provision of the Code. The Alton Road Parking District No. 6 ordinance is designed to fit the context-specific conditions in the Alton Road corridor such as convenient access to transit, walking/biking distance to multiple destinations, low auto-ownership rates in the neighborhood, and availability of public parking. It is also based on neighborhood-specific planning objectives listed at the top of page 3 in this memo such as to encourage smaller, more affordable housing units and the growth and development of small, neighborhood serving business. PLANNING BOARD REVIEW On September 28, 2010, the Planning Board held a public hearing on the proposed ordinance and recommended approval, as amended, by a 5-0 vote. It should be noted that the revisions requested by Mayor Bower were not reviewed by the Planning Board. FISCAL IMPACT In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and estimated that the proposed Alton Road Parking District No. 5 ordinance will have a direct fiscal impact on parking impact fee revenue of approximately -$37,000 annually for existing retail and restaurant businesses that would no longer be required to pay the annual fee-in-lieu of providing parking. In the future, there will be new businesses that qualify for the parking exemption, thereby reducing potential future revenue to the parking impact fee fund. However, this is expected to be more than offset by the incentive that this ordinance provides for development of new businesses in the Alton Road corridor. New construction and rehabilitation is expected to increase property tax and sales tax revenue to the City. Reduced parking requirements in this ordinance are also expected to increase parking revenue, especially in the 5th and Alton garage. Therefore, the long term net fiscal impact is expected to be positive. UPDATE & SUMMARY The revisions that have been suggested herein to the original 2010 version of the Alton Road Parking District No. 6 ordinance include: (1) an increase in the residential parking ratios; (2) a limitation on the total number of parking spaces that can be reduced in exchange for car-share parking and bicycle parking and; (3) a limitation on the retail parking reductions to small stores within aggregations of 10,000 sq. ft. or less and to small restaurants within aggregations of 5,000 sq. ft. or less. These changes resulted from a more detailed analysis of the potential parking requirements for large-scale development in the Alton Road corridor, which was thought to be limited to small sites when the original studies were conducted. Commission Memorandum Alton Road Parking District 6 June 2013 9 of 9 Also, as indicated previously, as part of the review process by the land Use Committee for the proposed Ordinance, Mayor Bower suggested that some of the parking requirements for specific uses be adjusted, as noted in the attached summary. The subject Ordinance was approved a First Reading on May 8, 2013. Prior to Second Reading, the Commission requested that additional requirements be imposed for the proposed reduced parking rates, inclusive of a shuttle service and a detailed employee paring plan. Staff has incorporated these changes into the revised Ordinance. The employee parking plan must include mandatory measures to address employee parking, including but not limited to provision of transit passes, carpool or van pool programs, off-site parking when available, monthly City parking passes, and/or other measures intended to limit the impact of employee parking on surrounding neighborhoods. The proposed parking ordinance was a companion item to the Alton Road Historic District Buffer Overlay district. As such, it is specifically designed to offset the extra requirements and restrictions of the Overlay district designed to protect the adjacent Flamingo Park Historic District. Ideally these two ordinances should be adopted together because they support one another. However, the Administration believes that the Alton Road Parking District No. 6 ordinance is valid as a standalone ordinance because it is based on the planning principles described in this memo. CONCLUSION The Administration recommends that the City Commission adopt the subject Ordinance. (( \.. JLM/JGG/RGL/TRM T:\AGENDA\2013\June 5\Aiton Road Parking Dist 6-MEM 2nd read.docx Attachment #1 -map 8 Alton Road Parking District No. 6 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 "DISTRICTS; REQUIREMENTS," SECTION 130-31 "PARKING DISTRICTS ESTABLISHED," CREATING A NEW PARKING DISTRICT NO. 6, AND SECTION 130-33 "OFF- STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4 AND 5," BY ADDING NEW PARKING REGULATIONS FOR PARKING DISTRICT NO. 6, FOR PROPERTIES WITH A LOT LINE ON ALTON ROAD FROM 5TH STREET TO DADE BOULEVARD, INCLUDING A REDUCTION IN OFF-STREET PARKING REQUIREMENTS FOR CERTAIN LAND USES AND BICYCLE PARKING REQUIREMENTS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, in the summer of 2006, the Historic Preservation Board initiated the westward expansion of the Flamingo Park Local Historic District to the east right-of-way line of Alton Road between 6 Street and 14 Street, and requested the Planning Department to initiate a major planning study of the Alton Road corridor, including both sides of the road between 5 Street and Michigan Avenue, to include an analysis and evaluation of existing uses and conditions, historically significant properties, permitted building heights, allowable FAR, parking conditions and requirements, the efficacy of current zoning, and the character of the public right- of-way with regard to pedestrian amenities, convenient means of transit, and quality of landscape; and WHEREAS, on January 16, 2008, the Mayor and City Commission approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 8 Street and 14 Street; and on January 28, 2009, the Mayor and City Commission approved Ordinance No. 2008-3592, expanding the boundaries of the Flamingo Park Historic District westward expansion to Alton Road between 6 Street and 8 Street; and WHEREAS, the Planning Department conducted an analysis of existing conditions, issues and opportunities in the Alton Road corridor and held a community planning workshop on August 20, 2008 to receive community input on land use, zoning, business development, parking, transit and pedestrian/bicycle amenities; and WHEREAS, on January 27, 2009, the Planning Department presented preliminary findings and recommendations for the Alton Road Neighborhood Planning Study to the Planning Board; and WHEREAS, on February 26, 2009, the Planning Department and the Planning Board held a second community planning workshop on the Alton Road Neighborhood Planning Study to receive community input; and WHEREAS, on April 21, 2009, May 26, 2009, August 25, 2009, and September 22, 2009, the Planning Board held additional detailed discussions on the proposed zoning modifications and parking regulations for the Alton Road corridor, and WHEREAS, on November 17, 2009 and April 27, 2010, the Planning Board recommended approval of the proposed "Alton Road -Historic District Buffer Overlay" district which is intended to achieve a more compatible relationship of scale and massing between new development along the east side of the Alton Road corridor and the adjoining residential neighborhoods, by promoting mixed-use development that makes efficient use of parking, by minimizing the concentration of impacts from intense retail and restaurant development and by encouraging smaller neighborhood-oriented uses; and WHEREAS, the Alton Road corridor and its adjoining neighborhoods have one of the lowest rates of automobile ownership in the city and one of the highest rates of walking, bicycling and transit modes of transportation in the city; and WHEREAS, the Transportation Element of the City of Miami Beach Comprehensive Plan states that the City shall examine the economic, transportation and recreational impact of strategically limiting parking in certain areas, as a means to reinforce alternative modes of transportation; and the City shall continuously monitor and update the parking requirements in the Land Development Regulations to result in a better ratio of supply to demand which implements innovative parking strategies in commercial areas to promote multimodalism; and WHEREAS, the Transportation Element of the City of Miami Beach Comprehensive Plan states that the City shall require all new developments to provide secure short term and long term bicycle parking in the form of bicycle racks, bicycle lockers, locked rooms or other appropriate enclosures as a way of reducing the demand for automobile parking; and WHEREAS, the City desires to reduce parking requirements with certain conditions in the Alton Road corridor between 5th Street and Dade Blvd. in order to encourage continuing high percentages of walking, bicycling and transit modes of transportation, to minimize increases in traffic congestion, and to reduce the scale and massing of new development to be more compatible with adjacent residential neighborhoods. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. That Chapter 130 of the City Code, entitled "Off-Street Parking," Article II, "Districts; Requirements," is hereby amended as follows: Sec. 130-31. Parking districts established. (a) For the purposes of establishing off-street parking requirements, the city shall be divided into five six parking districts. (1) Parking district no. 1. Parking district no. 1 is that area not included in parking districts nos. 2, 3, 4, aru:l-5 and 6. (2) Parking district no. 2. Parking district no. 2 includes those properties with a lot line on Lincoln Road from the west side of Washington Avenue to the east side of Alton Road and those properties north of Lincoln Road and south of 17th Street from the west side of Washington Avenue to the east side of Lenox Court. 2 (3) Parking district no. 3. Parking district no. 3 includes those properties with a lot line on Arthur Godfrey Road from the east side of Alton Road to west side of Indian Creek Waterway. (4) Parking district no. 4. Parking district no. 4 includes those properties within the CD-2 and CD-3 commercial districts with a lot line on 71 st Street from the west side of Collins Avenue to the east side of Rue Notre Dame, and those properties with a lot line on Normandy Drive from the west side of the Indian Creek Waterway to the east side of Rue Notre Dame. * * * (6) Parking district no. 6. Parking district no. 6 includes those properties with a lot line on Alton Road from 5 Street on the south to Dade Boulevard on the north. with the exception of properties included in parking district no. 2. (b) There shall be no off-street parking requirement for main or accessory uses associated with buildings that existed prior to October 1, 1993, which are (i) located within the architectural district, (ii) a contributing building within a local historic district, or (iii) individually designated historic building. This provision shall not apply to renovations and new additions to existing buildings which create or add floor area to new construction which has a parking requirement. * * * Sec. 130-33. Off-street parking requirements for parking districts nos. 2, 3, 4, ami 5, and 6. (a) Except as otherwise provided in these land development regulations, when any building or structure is erected or altered in parking districts nos. 2, 3, 4 and 5 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: * * * (c) Except as otherwise provided in these land development regulations. when any building or structure is erected or altered in parking district no. 6, off-street automobile parking spaces shall be provided for the building, structure or additional floor area as follows. For uses not lfsted below, the off-street parking requirement shall be the same as for parking district no. 1 in section 130-32. (1) Apartment building and apartment-hotel: a. 1.0 spaces per unit for units between 550 and 799 square feet; b. 1 .25 spaces per unit for units between 800 and 999 square feet; c. 1.5 spaces per unit for units between 1000 and 1199 square feet; d. 1.75 spaces per unit for units between 1200 and 1399 square feet; 3 e. 2.0 spaces per unit for units between 1400 and 1599 square feet; f. 2.25 spaces per unit for units above 1600 square feet. g. Designated Guest parking: Developments of 20 units or less shall have no designated guest parking requirements. Multi~family buildings and suites-hotels with more than 20 units shall be required to provide supplemental designated guest parking equal to ten percent of the required residential parking spaces. h. Car Sharing: The minimum parking requirements listed in a - g above may be reduced by 4 parking spaces for every 1 parking space reserved for a vehicle owned and operated by an official car-share program sanctioned by the City of Miami Beach, not to exceed a total of 4 car-share parking spaces or 20% of the total number of required residential parking spaces, whichever is less (2) Retail stores. food stores. personal seNice establishments: There shall be no parking requirement for individual establishments of 2,500 square feet or less up to a total aggregate square footage of 10,000 square feet per development site. For individual establishments over 2,500 square feet or for development sites with a total aggregate square footage of more than 10,000 square feet of these uses. there shall be one space for every 300 square feet of floor area. A covenant running with the land, approved by the City Attorney, shall be recorded to ensure that individual stores will not be reconfigured internally in a way that would increase the minimum parking requirement without conditional use approval and payment of a one-time parking impact fee for each required parking space. (3) Restaurant, outdoor cafe or bar: There shall be no parking requirement for individual establishments of 60 seats or less or 1 ,500 square feet or less, whichever is greater, up to a total aggregate square footage of 5,000 square feet per development site. For individual establishments over 60 seats or 1500 square feet. whichever is greater. or for development sites with a total aggregate square footage of more than 5.000 square feet of these uses. there shall be one space per four seats or one space per 60 square feet of space not used for seating. A covenant running with the land, approved by the City Attorney, shall be recorded to ensure that individual stores will not be reconfigured internally in a way that would increase the minimum parking requirement without conditional use approval and payment of a one-time parking impact fee for each required parking space. (4) Hotel, suites hotel, motel or motor lodge: One space per 2 units: however, suites hotel units as defined in section 142-11 05 that are greater than 550 square feet and that contain full cooking facilities shall have the same parking requirement as apartment buildings in (1) above. Required parking for hotel accessory uses shall be the same as for (2) and (3) above: (5) Offices: 1 space per 400 square feet of floor area. However, medical offices and clinics or offices located on the ground floor shall provide one space per 300 square feet of floor area. The minimum parking requirements for office uses may be reduced by up to 20 percent in cases where the developer voluntarily proffers a restrictive covenant running with the land, form approved by the City Attorney, ensuring that the required office parking spaces shall be shared by all users in the building and shall not be reserved for individual persons or tenants. 4 (6) All non-residential uses: The minimum parking requirement may be reduced as follows: a. Centralized parking: The m1n1mum parking requirement may be reduced for properties located near a publicly accessible off-street parking facility according to the following formulas: up to 30 percent within 500 feet. up to 20 percent within 1000 feet, up to 10 percent within 1200 feet. Such reduction shall be subject to a finding by the Planning Director based upon a parking study provided by the applicant that documents the availability of parking spaces within the publicly accessible parking facility to serve the residual demand resulting from the reduced number of on-site parking spaces. and the availability of safe and convenient pedestrian access routes to the off-site parking supply. Distances shall be measured along the pedestrian pathway between the pedestrian access points for the subject uses and the parking facility. Additionally. in order for any use to receive the above reduced rates a shuttle service shall be provided and maintained. and an employee parking plan required. which shall be subject to the review and approval of the Planning Department. Such employee parking plan shall include mandatory measures to address employee parking. including but not limited to provision of transit passes. carpool or vanpool programs. off-site parking when available. monthly City parking passes. and/or other measures intended to limit the impact of employee parking on surrounding neighborhoods. b. Shared parking: Mixed use development is encouraged to utilize the Shared Parking calculations in Section 130-221. Parking for residential uses may be included in the Shared Parking calculation at a rate of 50% for daytime weekdays, 70% for daytime weekends and 100% for all other times. Shared Parking shall be designated by appropriate signage and markings. The Shared Parking facility may be located off-site within 600 feet of the uses served. subject to section 130-36. c. Carpoo/Nanpool parking: The minimum parking requirement may be reduced by 3 parking spaces for everv 1 parking space reserved for carpool or vanpool vehicles registered with South Florida Commuter Services, not to exceed a reduction of more than 10% of the off-street parking spaces that would otherwise be required. The property manager must submit an annual report to the Planning Director documenting the carpool/vanpool registration and ongoing participation by registered users. (7) Bicvcle Parking. Short term and long term bicycle parking shall be provided for new construction or substantial rehabilitation over 1,000 sq. ft. according to the minimum standards in the table below and the "Guidelines for the Design and Management of Bicycle Parking Facilities" available from the Planning Department. a. Short Term bicycle parking (bicycle racks) serves people who leave their bicycles for relatively short periods of time, typically for shopping, recreation. eating or errands. Bicycle racks should be located in a highly visible location near the main entrance to the use. b. Long Term bicycle parking includes facilities that provide a high level of security such as bicycle lockers. bicycle cages and bicycle stations. These facilities serve people who frequently leave their bicycles at the same location for the day or overnight. 5 TABLE INSET Land use Minimum short term bicycle Minimum long term bicycle ~arking s~aces (whichever garking sQaces (whichever is greater} is greater) Commercial non-retail 4 Qer groject or 1 12er 1 12er 10% of em12loyees or 10,000 sq. ft. 2 for 5,000 sq ft and under 3 for 5,001-20,000 sg. ft 6 for 20,001 -50,000 sq. ft. 10 for 50,000 sg. ft. and over Retail 1 Qer business, 4 Qer 1 Qer 10% of emQioyees or Qroject or 1 Qer 5,000 sq. ft. 2 for 5,000 sq ft and under 3 for 5,001-20,000 sg. ft 6 for 20,001 -50,000 sq. ft. 10 for 50.000 sq. ft. and over Restaurants, bars, 1 12er 1 0 seats or occuQants 1 ger 10% of emgloyees nightclubs Hotel 2 12er hotel or 1 ger 10 1 Qer 10% of emgloyees rooms Multifamily residential 4 ~er groject or 1 ger 1 0 1 ger unit units c. DeveloQers are encouraged to ~rovide more than the minimum requirement as agQropriate for the particular uses in a building. The minimum required vehicular parking shall be reduced by: 1 sQace for every 5 long term bicycle Qarking s~aces and 1 space for every 10 short term bicycle parking spaces. not to exceed a total of 30 vehicular Qarking spaces or 15 percent of the required vehicle parking spaces, whichever is less. d. Nonresidential uses that provide showers and changing facilities for bicyclists shall be exemQted from vehicle parking requirements at a rate of 2 vehicle parking sQaces for each separate shower facility UQ to a maximum of 8 parking sgaces. e. Short term bicycle parking spaces may be provided in the public right-of-way, subject to design review, in situations where suitable space near the entrance to the building or storefront is not available on private pro~erty. Bicycle parking in the public right-of-way shall be subject to review and aQproval by the Public Works DeQartment and shall not encroach on the pedestrian throughway zone. 6 SECTION 2. Repealer. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. Codification. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of-------' 2013. ATTEST: CITY CLERK First Reading: May 8, 2013 Second Reading: July 5, 2013 Verified by: --------- Richard G Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language T:\AGENDA\2013\June 5\Aiton Road Parking Dist 6-ORD 2nd read docx 7 MAYOR APPROVED AS TO FORM AND LANGUAGE / & FOR E CUTION s-·t..t Attachment #1 -map Proposed Miami Beach Parking District # 5 8 Proposed options for amending the ordinance responding to comments by Mayor Bower: Retail stores, food stores, personal service establishments:_There shall be a minimum of 2 parking spaces for each individual establishment of 2,500 square feet or less. Restaurant, outdoor cafe or bar: For individual establishments of 60 seats or less or 1 ,500 square feet or less, whichever is greater, there shall be a minimum of 1 space per 12 seats and 1 space per 180 square feet of standing area in a bar not utilized for seating. (Note: For small neighborhood restaurants and bars, this would require approximately one third of the parking spaces required in the current code.) CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, In the Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach. Florida, on Wednesday, June 5, 2013 to consider the following: 10:45a.m. Sunset Harbour Residential Parking Requirements An Ordinance Amending The Code Of The City Of Miami Beach, Florida By Amending Chapter 130, "Off·S\reet Parking,'' Article li 'District; Requirements." Section 130-33 "Off..Street Parking Requirements For Parking Districts Nos. 2, 3, 4 And 6," By Arr.ending The Parking Requirements For Sunset Harbour Parking District No. 5 For Residential And Live-Work Typ.:; Uses: Providing For Codification; Repealer; Sever2bility; Applicability; And An Effective Date. lnquiri"":l may be dirl;;oted to !he Planning Department at (305) 673-7550. 12:00p.m. An Ordinance Amooding The Code Of The City Of Miami Beach By Amending Chapter 82, Entitled "Humiln Relations," By Amending Article Ill, Entitled "Domestic Partnerships," By Amending Section 62·128, Entitled "Employment Benefits• To Add Section 62·128\ci) To Provide Tax Equity To City Employees With Domestic Partners Enrolled In The City's Health And Dental Plans Who Cummtly Sear A Disproportionate Tax Burden Over That Of Their Married Counterpa.rts. Inquiries may be directed to lhe Human Resources Department at(305) 67~7524, 5:00p.m. Atton Road His!orlc District Buffer Overlay: An Ordinance Amending The Code 01 The City Of Miami Beach, Florida, By Amending Chapter 142, •zoning Dis!ric1s And Regulations," Article Ill, "Overlay Districts," Creating Division 8 "Alton Road - Historic District Buffer Overlay." By Including Section 142-85$ "Location And Purpose: And Section 142-BS\l "Development Regulations," Including Am<mg Other Provisions Regulations On Maximum Floor Area Ratio; Maximum Building Height; Minimum Setbacks; Building Separation; Demolition Or Mdltions To Contributing Buildings In A Historic District; And Land Use Regulations For Location Of Ret2il Uses, Restaurants, Sars, Entertainment Establishments, Aicoholic &verage Establishments And Similar Uses; Requiring Conditional Use Approval Of Such Uses In Exces.. Of 10,000 Sq. Ft.; And Prohibiting Alcoholic Beverage And Entertainment Establishments In Open Areas Wfth Exceptions As Prescribed In The Ordinan<:.e; Providing For Codillcatlon; Rer.l<la!er; Severability; And An Effective Dale. uirles may be directed to the Planning Department at (305) 673·7550, 5:05p.m. Allon Road Parking District No. I); An Ordinanoo Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 130 Off-Street Parking, Article II "Districts; Requirements," Sectloo 130-31 "Patklng Districts Established," Creating A New Parking District No. ll, And Section 130-33 "Off-Strs.et Parking Requirements For Parking Districts Nos. 2, 3 And 4," By Adding New Parking Regufations For Parking District No. 6, For Properties ~Vlth A Lot Line On Alton Road From 5th Street To Dada Boulevard, Including A Reduction in Off-Street Parking Requirements For Certaln Land Uses And Bicycle Parking Requirements; Providing For Codification; Repealer; Severability; And An Effecll\'e Date. Inquiries may be directed to the Planning Def>2rlment at (305) 673-7550. INTERESTED PARTIES are invited to appoor 2t this meeting, or be represented by an a>:Jent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 ConventiOn Center Drive, 1st Floor, City Hail, Miami Beach, Florida 33139. Copies of these items are avaiiable for public inspection during normal bu$ln<!>es hours in the City Clerl<'a Office, 1700 Conver;tion Center Drive, 1st Floor, cny Hall, Mi2mi 8220h, Florida 33139. This meeting may be continued, and under such circumstances additioMI legal notice will not be provided. Flaf2ill E. Granado, City Clerk City of Miami Be.-.ch Pursuant to Section 286.Q105, Fla. Slat., the City hereby 2dviSBs the public that; if a person decides to appeal any decision made by the cay Commissloo with respect to any matter considered at its mecling or its hearing, such person must ensure that a verbatim reoord of the proceedings is made, II'Alich record includes the testimony and rwidence upon which the app.:;al is to be based. This nolice does not constitute consent by the City lor the introduction or 2dmission of otherwise inadmisslb!e or ineievant evidence, nor does it authoriz<;; challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, lnforf!'.a!ion on access for persons wrth disabuities and/or any accommodation to review any document or P2rtlcipate in any Cay-sponsored proceeding, please contact us tive d2YS fn 2dv2nce at (305) 673-7411(voice) or TTY users may also call the Florida P.elay Service at 711. Ad#781 THIS PAGE INTENTIONALLY LEFT BLANK OFFICE OF THE CITY AlTORNEY JOSE SMITH, CITY AlTORNEY TO: CC: FROM: DATE: COMMISSION MEMORANDUM Mayor Matti Herrera Bower Members of the City Commission Jimmy Morales, City Manager Jose Smith, City Attorney /!J . .c:. · "' .• ~: ~ Rafael E. Granado, City C~t.... . {) June 5, 2013 SUBJECT: PROPOSED HOUSEKEEPING AMENDMENTS TO CITY CODE CHAPTER 38 "ELECTIONS" In addition to those provisions of the City Charter relating to City elections,1 there are City Ordinances codified in Chapter 38 of the City Code dealing with the process of conducting City elections. The majority of the provisions in Chapter 38 were originally enacted in 1964. In order to ensure compliance with applicable statutory and County Code provisions, periodic review of these Code provisions is required. Accordingly, the City Attorney's Office has reviewed and analyzed Chapter 38, resulting in the attached Ordinance containing the following City Code amendments presented as a housekeeping matter: I. Amendments required by Florida law due to statutory preemption Prior to the 2011 statutory amendments to the State's Early Voting Law (Section 101.657, Fla. Stat.), municipalities had the power to opt out of the State's law and could thus self-regulate Early Voting for its elections. This ability to opt out was exercised by the City Commission in 2005, resulting in the adoption of City Code section 38-6 which provides, in part, for a total of 7 days of Early Voting preceding every General Election. However, last year, the State Legislature amended Section 101.657 by preempting a municipality's ability to completely opt out of the State's law. Municipalities must now adhere to the statutory Early Voting schedule for those City elections held in conjunction with County or State elections. However, for those City elections not held in conjunction with County or State elections, cities such as Miami 1 See Miami Beach Charter, Articles VI "Elections" and VII "Initiative and Referendum." Agenda Item R S E.. Date C?-'S'-( 3 Beach may opt out of the statutory provisions and thus may regulate the number of days and sites for Early Voting. Accordingly, the City Code amendments proposed herein establish the City's policy decision to self-regulate its Early Voting for City elections not held in conjunction with County or State elections. The amendments propose a 14-day Early Voting period 2 with Early Voting sites at City Hall and the North Shore Branch Library. II. Amendments required due to County Elections Department Process In order to reflect the County Elections Department's procedure regarding the timing of its issuance of Final Election Returns, the proposed City Code amendments include changing the date on which the City Commission accepts/canvasses election returns from the day after the election date to the first business day immediately following the County Supervisor of Election's issuance of Final Election Returns. Ill. Miscellaneous Amendments Although not mandated by State or County law, the City Attorney further recommends as a housekeeping matter that the City Code amendments include language: • Confirming the City Commission's power to take emergency action at any Commission meeting occurring between a General election date and the date on which it accepts final Run-Off election returns; and • Including specific statutory citations to applicable provisions of the Florida Election Code, as well as corrections to non-substantive typographical errors; and • Creating City Code section 38-7, entitled "Petitions," for the purpose of ensuring ballot integrity with regard to initiative, referendum, and recall petitions filed under Article VII of the City Charter or Florida law. Signers of such Petitions shall be required to provide their address, date of birth or voter registration number, and date of signature to conform to current petition requirements. Petition Circulators shall also provide a statement confirming that they personally witnessed each signature. IV. Economic Impact Analysis Pursuant to City Charter Section 5.02, the City is required to consider the long-term economic impact (at least 5 years) of proposed legislative actions. The predominant economic impact of the proposed Ordinance concerns the proposed 2 Per Section 101.657, Fla. Stat., the County Supervisor has the discretion to regulate the hours of Early Voting in the event the County conducts Early Voting. 2 increase in the number of Early Voting days for City stand-alone elections (not held in conjunction with County or State elections) from 7 to 14, with a daily Early Voting cost of $6,400 ($3,200/day x 2 sites = $6,400/day) and an increased annual cost to the City of $44,800 ($6,400/day x 7 days = $44,800/per election). Therefore, assuming one City standwalone election per year, the projected economic impact of this Ordinance over a period of 5 years is $224,000 ($44,800 x 5 years= $224,000).3 F\ATTO~.SMrJ\Comnmsion on Ethics\CMB Position Papcr.docx 3 See Estimates from the Miami-Dade Elections Department attached as the Composite Exhibit hereto. 3 ESTIMATE Miami Beach General Municipal Election November 5. 2013 (Stand Alone) Rafael E. Granado, City Clerk City of Miami Beach. 1700 Convention Center Drive, #200 Miami Beach, FL 33139 Registered Voters: Precincts: Polling Places: Permanent Absentee Bal!ots: Personnel Salaries & Ftfnge Benefits, Overtime, Poll Workers Polling Places Sacurity, Polling Place Rentals Suppfies and .services 49,926 36 23 5,602 E!Mt)on St<ppl/es, Communication Ch~rges, Absentee Ballots Set Up Trucks and Vehicles Truck Rentals, GSA Vehlclas Printing and Advertising Estimate N": Estimate Date: Early Voting Days: Early Voting Sites: Absente~;, f!arly Vortng & PrtJcinct 8~/fots, Tampcr<try Polling Place Change Notices, Newspaper Ads Postage Absentee Ballots Sent and Business Reply, Tempora;y Polling Place Change Notices, Letters Batlot Creation In-House & Outside Contractual SeN/Oes, Translations· BllSGd on one question Administrative Overhead Indirect Costs, Logic & Accuracy, Post.!Eiec:Jon Audits Early Voting Estlma!ed at $3,200 per requssted number of sites and days ' Please note these costs are estimates anri are subject to change. This estimate does inclucie the cost of ballot printing; however, if your question(s)!race(s) creates an additional ballot page, the cost will be adjusted eccordingfy. For more information, you may contact: Patricia Prochnlcki Elections Budget and Finance Chief M!amf·Dacte Elections Department 2700 NV·J 87 Avenue Miami, Florida 33172 Office: 305-499·8568 E·maf!: bproch@miamidade.gov Composite Exhi.b :i.t "TOTAL MB·SA-110513 Aprli 16, 2013 14 2 $ 64,927.55 9,900.00 5,392.01 7,358.00 26,460.78 13,738.99 2,410.00 13,018.73 89,600.00 .$. .•. 2.a2_8.QQ...Q.Q ESTIMATE Miami Beach General Municipal Election November 5, 2013 {Stand Alone} Rafael E. Granado, City Clerk City of Miami Beach 1700 Convention Center Drive, #200 Miami Beach, FL 33139 Registered Voters: Precincts: Pollfng Places: Permanent Absentee Ballots: Personnel S<~i~rfes a. Fringe Benefits, Ovor/lme, Poll Worker:; Polling Places Security, Polling Place Rentals Supplies and Services 49,926 36 23 5,602 Election SuppJI~s, Communication CIHlrgGs, Absentee Ballots Set Up Trucks and Vehicles Truck Rentals, GSA Vehicles Printing and Advertising Estimate W: Estimate Date: Early Voting Days: Early Voting Sites: Al>sentee, cady Voting & Precinct Ballots, Temporary Po/fing Place Cl:ange Nctices, Newspaper Ads Postage Absentee Ballots Sent and Business Reply, T~mpcrar; Polling Place Cha.nga Notices, Li!:lters Ballot Creation in-Hc;usa & Cuts/de Contra-::tua/ Services, Translations, Based on one questJun Administrative Overhead /ndfrect Costs, Logic & Accuracy, PO$I·Eiectfon Audits Early Voting Estimated at $3,200 per requested number of sites ~nd days • Pleaso nate these costs ara estimates ancl are subject to change. This estimate does fncludo the cost of ballot printing; however, if your question(s)lrace(s) creates an additional be/Tot gaqe, the cost will be adjusted accordingly. For more information, you may contact: Patricia Prochnfckl Elections Budget and Finance Chief Mlami·Dade Elections Department 2700 NW 87 Avenue Miamf, F[orida 33172 Office: 305·499·8568 E·mati: bproch@miamldade.gov *TOTAL MB·Sil--11 0513 April 16, 2013 7 2 $ 64.927.55 9,900.00 5,392.01 7,358.00 26,460.78 13}38.9Q 2,410.00 13,018.73 44,800.00 -- ~ j §8 ,QQ§.;Jk§ ORDINANCE NO.------ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 38 ENTITLED "ELECTIONS," BY INCLUDING REFERENCE TO APPLICABLE STATUTORY PROVISIONS OF FLORIDA ELECTION CODE; CORRECTING TYPOGRAPHICAL ERRORS; AMENDING CITY CODE SECTION 38-4 TO PROVIDE FOR COMMISSION CANVASSING OF ELECTION RETURNS ON THE FIRST BUSINESS DAY IMMEDIATELY FOLLOWING THE COUNTY SUPERVISOR OF ELECTION'S ISSUANCE OF FINAL ELECTION RETURNS AND CONFIRMING AUTHORIZATION OF EMERGENCY COMMISSION ACTION TAKEN AT ANY COMMISSION MEETING OCCURRING BETWEEN GENERAL ELECTION DATE AND ACCEPTANCE OF FINAL RUN-OFF ELECTION RETURNS; AMENDING CITY CODE SECTION 38-6 BY ESTABLISHING THE NUMBER OF DAYS FOR EARLY VOTING RELATIVE TO CITY GENERAL, RUN-OFF AND SPECIAL ELECTIONS UPON CITY COMMISSION AUTHORIZATION OF EARLY VOTING, AND AUTHORIZING CITY COMMISSION TO CHANGE EARLY VOTING SCHEDULE FOR ELECTIONS NOT HELD IN CONJUNCTION WITH COUNTY OR STATE ELECTIONS; AND CREATING CITY CODE SECTION 38-7 ENTITLED "PETITIONS" ESTABLISHING INFORMATION TO BE PROVIDED BY PETITION CIRCULATORS AND PERSONS SIGNING INITIATIVE, REFERENDUM AND/OR RECALL PETITIONS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 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 38 of the Miami Beach City Code entitled "Elections" is hereby amended as follows: Chapter 38 ELECTIONS.1 1 Charter references-·-Eiections, Art. VI; Initiative and Referendum Elections, Art VII. Cross references-~Any ordinance calling elections or prescribing the manner of conducting the election in accordance with State law saved from repeal, §1 ~1 O(a)(16); Administration, Ch. 2; City Commission,§ 2-31 et seq.; election signs,§ 138-134. State Law reference-Florida Election Code, Fla. Stat. Chs. 97-106. Sec. 38-1. State law adopted. Subject to provisions of Florida Statute §100.3605, Al-l general laws of the sState relating to elections which are not inconsistent or in conflict with the provisions of the Charter or this chapter are hereby adopted as part of this chapter. Sec. 38-2. City Commission to perform duties of County Board of Commissioners. Subject to provisions of Florida Statute §100.3605, +!he sCity sCommission shall perform all acts in relation to general sCity elections which, by the s~tate law, are made the duty of the aBoard of sCounty sCommissioners. Sec. 38-3. Resolution by City Commission setting forth date and purpose of election, deadline for registration, polling places, change of polling places. (a) For the purpose of making proper provision for each municipal election held in the sCity, the sCity sCommission shall, not less than 30 days prior to the proposed date of such election, adopt a resolution setting forth the following: (1) The date upon which such election is to be held. (2) The purpose of such election. (3) The days and hours, prior to the date of such election during which persons qualified to vote therein may register for the election. (4) The list of polling places in the several precincts provided for by resolution. (5) The form of ballot to be used in such elections, prepared in compliance with all statutory requirements relating to the use of mechanical or other approved voting machines or devices. (b) The sCity sCommission shall further authorize and direct the sCity sCierk to give notice of the adoption of such resolution and of the provisions thereof prescribed in subsection (a), by and through the publication of an appropriate advertisement in a newspaper meeting the requirements set forth in ~. Florida Statute § 50.031 once a week for four consecutive weeks next preceding the day upon which such municipal election is to be held. If any polling place designated in such resolution shall become unavailable for use as such, the sCounty sSupervisor of eEiections shall designate another polling place in the manner provided by sState law. 2 Sec. 38-4. Canvass of Returns; Installation of New Officers. On the first business day immediately following the County Elections Supervisor's issuance of final election results, t+he eCity eCommission shall meet on the first 'Nednesday after a general election or as soon thereafter as practicable, and in the event a runoff election is necessary tho c.Qity cQ.ommission shall meet on the day after the runoff election, for the purpose of canvassing the returns of such election(s) and ascertaining the results thereof. Should no rRun-oOff oEiection be necessary, new officers shall be declared elected subsequent to canvass of final General oEiection returns on the first Wednesday after the general election (or as soon thereafter as practicable), at which time the new officers shall be installed and shall enter upon the discharge of their duties; if a rRun-eOff oEiection is necessary, all new officers shall be declared elected subsequent to canvass of final rRun-eOff oEiection returns en the first day after the runoff election, at which time the new officers shall be installed and shall enter upon the discharge of their duties. Moreover, if a rRun- oOff oEiection is necessary, the eCommission meetinglli.l occurring on the first Wednesday after the general election between the date of General Election and the Commission's acceptance of final Run-Off Election returns shall occur for the limited purpose of canvassing the returns of such general election, and/or to address any emergency matter, pursuant to Florida Statute §952.38 (as amended from time to time) and City Charter §2.05. Sec. 38-5. Appointment and Duties of City Clerk in Connection with Elections. The cCity eCierk is nominated and appointed as the responsible official of the eCity and is hereby empowered, authorized and directed to perform all duties and functions and to exercise all powers of the sSupervisor of registration or oEiections required to be performed under this Code, the eCity Charter, the cCounty Charter or Code and the laws and constitution of the sState in connection with municipal elections; however, whenever any act or duty with respect to an election has been, or may be, performed by the sSupervisor of oEiections of the eCounty, it shall not be necessary for the eCity eCierk to duplicate that act, but the eCierk may rely upon the actions of the sSupervisor of sElections of the eCounty. Sec. 38-6. Early voting. ~Pursuant to F.S. § 100.3605(1 ), it is hereby provided that commencing with the November 2005 municipal elections for mayoral and commission offices, all City of Miami Beach general, runoff and special elections are hereby exempted from the provisions of F.S. § 1 01.657(1 )(d) (the "Early Voting Statute"). The 3 early voting statute provides for early voting to begin on the 15th day before an election and end on the second day before an election and provides other operational restrictions. (b) In lieu of the above described provisions of F.S. § 101.657(1 )(d), it is hereby provided that early voting, if authorized by the city commission, shall commence at Miami Beach City Hall eight days prior to the general election, and shall occur for a total of seven consecutive days; with early voting to occur on the Saturday and Sunday immediately preceding any run off election. (a) Pursuant to Florida Statute §101.657(1 )fft} (e). (the "Early Voting Statute"), the City of Miami Beach may provide for early voting in City elections that are not held in conjunction with County or State elections. with the ability of the City to designate as many early voting sites as necessary and to conduct its activities in accordance with the provisions of Florida Statute §1 01.657(1 )(a)-(c). (b) If authorized by the City Commission per subsection (a) above, early voting shall occur at Miami Beach City Hall and the North Shore Branch Library in accordance with the following schedule: 1. General Election: Early voting shall commence fitfteen days immediately preceding the General Election for a total of fourteen consecutive days. 2. Run-Off Election: Early voting shall occur on the Saturday and Sunday immediately preceding any Run-Off Election. 3. Special Election-stand alone (not otherwise held in conjunction with General or Run-Off Electionf Early voting shall commence fifteen days immediately preceding such Special Election for a total of fourteen consecutive days. (c) The hours of early voting shall be noticed in a newspaper(s) of general circulation within the City of Miami Beach. (d) The remaining paragraphs of ~. Florida Statute §101.657, exclusive of paragraph (1 )(d) thereof, shall continue to apply to the cCity's gGeneral, rRun- oOff and s§pecial eEiections as provided by law. (e) The GCity cCommission may, by resolution, adopted in advance of a gGeneral, rRun-oOff or sSpecial eEiection that is not held in conjunction with a County or State election per subsection (a) above, alter the site§. and/or 2 The Early Voting time period for any Special Election held in conjunction with a General or Run-Off Election shall occur in accordance with the respective time periods set forth above in Code §38-6(b) 1 and 2. 4 schedule of days (and times, when early voting is either not conducted by the County Supervisor of Elections. or when the Supervisor is conducting the early voting but has not exercised the discretion to determine the early voting hours} for early voting from that which is provided above. (f) The sCity sCierk is hereby authorized to take any action not otherwise inconsistent with State or County law, which is necessary or expedient to implement early voting in accordance with this section. Sec. 38-7. Petitions. Each signer of an initiative, referendum or recall petition submitted pursuant to Article VII of the City Charter or Florida law, shall place thereon, his or her name (both printed and signed), his or her street address including City and State, his or her date of birth or voter registration number, and the date on which he or she signed the petition. Each person circulating a copy of the petition shall attach to it a statement confirming that the circulator personally witnessed each person whose signature appears on the petition personally sign the petition on each of the respective dates set forth therein. 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. 5 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the __ day of ________ , 2013. PASSED and ADOPTED this ___ day of--------' 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK MAYOR MATTI HERRERA BOWER APPROVED AS TO FORM & LANGUAGE & FO XECUTION F \A TTO\TURN\ORD!Nt\NC\Amending Chapter 38 regarding Elections and Petitions.docx 6 THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending the Code of Miami Beach, by amending Chapter 2, entitled "Administration," by amending Article Ill, entitled "Agencies, Boards and Committees," by amending Division 1, entitled "Generally," by amending Section 2-22, entitled "General Requirements," to provide procedures for the filling of special vacancies on the Board of Adjustment, Planning Board, Design Review Board and Historic Preservation Board; by amending Section 2-24, entitled "Termination of Office of Agency, Board And Committee Members," to amend the exception provisions to include special vacancies filled pursuant to Section 2-22 (21 ); and providing for repealer, severability, codification, and an effective date. Key Intended Outcome Supported: Increase satisfaction with neighborhood character. Increase satisfaction with development and growth management across the City. Process improved through information technology. Supporting Data (Surveys, Environmental Scan, etc.): Item Summary/Recommendation: At the request of Commissioner Deede Weithorn, item C4P on the March 13, 2013 City Commission Agenda was referred to the Neighborhood/Community Affairs Committee to discuss "unexpected board vacancies requiring City Commission vote." At the April 29, 2013 Neighborhood/Community Affairs Committee Meeting, Commissioner Weithorn explained that from time to time, unexpected vacancies occur on certain City of Miami Beach boards authorized to make important planning and zoning decisions. In order to provide for the filling of such unexpected vacancies in a manner that affords greater public notice and public participation in the application process for such vacant positions, Commissioner Weithorn proposed amending the Code to provide procedures for the filling of special vacancies on the Board of Adjustment, Planning Board, Design Review Board and Historic Preservation Board. The proposed Ordinance provides that when filling special vacancies occurring prior to the end of a member's term on the Board of Adjustment, Planning Board, Design Review Board and Historic Preservation Board, the City Clerk must provide public notice of the vacancy and the Commission cannot fill the vacancy for at least ten (1 0) business days after the newspaper publication of the notice of special vacancy. The proposed Ordinance allows for the temporary filling of a special vacancy if the City Commission finds that an emergency exists. Advisory Board Recommendation: rl Upon considering Commissioner Weithorn's suggestion, the Neighborhood/Community Affairs l Committee unanimously directed the City Attorney's Office to draft proposed legislation for the June 5, 2013 Commission Meeting addressing such unexpected vacancies. The Committee instructed that 1 ~e proposed legislation include a notice and a waiting period provision. I Financial Information: Source of Amount l Account Funds: 1 $782 1 o11.o21o.ooo327 !;) I 2 I I I 3 I I I OBPI I Total $782 I J Financial Impact Summary: Assuming two such vacancies per year, the annual cost would be $782. Therefore, the projected economic impact of this proposed Ordinance over a period of 5 years is $3,910. '--· Cit Clerk's Office Legislative Tracking: Rafael E. Granado I Debora Turner nt Director Assistant City Manager MlAMtBEACH os-F A GEN:DA lTEM --:-f\..;_-::--- DATE f,-S'"-!,3 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 Me FROM: Jimmy L. Morales, City Manager Date: June 5, 2013 FIRST READING SUBJECT: AN ORDINANCE OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 2-22, ENTITLED "GENERAL REQUIREMENTS," TO PROVIDE PROCEDURES FOR THE FILLING OF SPECIAL VACANCIES ON THE BOARD OF ADJUSTMENT, PLANNING BOARD, DESIGN REVIEW BOARD, AND HISTORIC PRESERVATION BOARD; BY AMENDING SECTION 2-24, ENTITLED "TERMINATION OF OFFICE OF AGENCY, BOARD AND COMMITTEE MEMBERS," TO AMEND THE EXCEPTION PROVISIONS TO INCLUDE SPECIAL VACANCIES FILLED PURSUANT TO SECTION 2-22(21); AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. BACKGROUND At the request of Commissioner Deede Weithorn, item C4P on the March 13, 2013 City Commission Agenda was referred to the Neighborhood/Community Affairs Committee to discuss "unexpected board vacancies requiring City Commission vote." At the Apri129, 2013 Neighborhood/Community Affairs Committee Meeting, Commissioner Weithorn explained that from time to time, unexpected vacancies occur on certain City of Miami Beach boards authorized to make important planning and zoning decisions. In order to provide for the filling of such unexpected vacancies in a manner that affords greater public notice and public participation in the application process for such vacant positions, CommissionerWeithorn proposed amending the Code to provide procedures for the filling of special vacancies on the Board of Adjustment, Planning Board, Design Review Board and Historic Preservation Board. Upon considering Commissioner Weithorn's suggestion, the Committee unanimously directed the City Attorney's Office to draft proposed legislation for the June 5, 2013 Commission Meeting addressing such unexpected vacancies. The Committee instructed that the proposed legislation include a notice and a waiting period provision. PROPOSED ORDINANCE The proposed Ordinance provides that when filling special vacancies occurring prior to the end of a member's term on the Board of Adjustment, Planning Board, Design Review Board and Historic Preservation Board, the City Clerk must provide public notice of the vacancy and the Commission cannot fill the vacancy for at least ten (10) business days after the newspaper publication of the notice of special vacancy. The proposed Ordinance allows for the temporary filling of a special vacancy if the City Commission finds that an emergency exists. • Notice Provision -After the City Clerk has been notified in writing by the board's liaison that a special vacancy exists in any of the above-referenced boards due to resignation, termination, removal, or death, a notice of special vacancy shall be posted in City Hall, on the City's website, and in any other place(s) that may be designated by the City Commission by resolution. The notice of special vacancy shall also be published once in a newspaper of general circulation in the City. • Waiting Period-An appointment to any of the above-referenced boards to fill a special vacancy shall not be made for at least ten ( 10) business days after the newspaper publication of the notice of special vacancy. • TemporarvAppolntment-Notwithstanding the notice provision and the waiting period, the City Commission may, if it finds that an emergency exists, authorize the temporary filling of a special vacancy by resolution. A person appointed to fill the special vacancy shall serve only on an acting basis, but with all of the powers and duties of board membership, until a final appointment is made. FISCAL IMPACT Pursuant to City Charter Section 5.02, the City is required to consider the long-term economic impact (at least 5 years) of proposed legislative actions. The predominant economic impact of the proposed Ordinance concerns the publication of the special vacancy notice once in a newspaper of general circulation in the City. The current cost of a 1/3 page horizontal advertisement(4 columns x 5") in the Miami Herald Neighbors section on a Thursday is $391. Assuming two such vacancies per year, the annual cost would be $782. Therefore, the projected economic impact of this proposed Ordinance over a period of 5 years is $3,910. 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, BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 2- 22, ENTITLED "GENERAL REQUIREMENTS," TO PROVIDE PROCEDURES FOR THE FILLING OF SPECIAL VACANCIES ON THE BOARD OF ADJUSTMENT, PLANNING BOARD, DESIGN REVIEW BOARD, AND HISTORIC PRESERVATION BOARD; BY AMENDING SECTION 2-24, ENTITLED "TERMINATION OF OFFICE OF AGENCY, BOARD AND COMMITTEE MEMBERS," TO AMEND THE EXCEPTION PROVISIONS TO INCLUDE SPECIAL VACANCIES FILLED PURSUANT TO SECTION 2-22(21); AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, from time to time, unexpected vacancies occur on certain City of Miami Beach boards authorized to make important planning and zoning decisions in the City; and WHEREAS, in order to provide for the filling of such unexpected vacancies in a manner that affords greater public notice and public participation in the application process for such vacant positions, the City Code amendments set forth herein should be adopted. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Division 1 of Article Ill of Chapter 2 of the Code of the City of Miami Beach, Florida is hereby amended as follows: CHAPTER 2 ADMINISTRATION * * * ARTICLE Ill. Agencies, Boards and Committees * * * DIVISION 1. Generally Sec. 2-21. Applicability of division. Unless where otherwise stated, this division shall have applicability to all agencies, boards and committees of the city, including those related to the city redevelopment agency. The provisions of this division shall apply to the following agencies, boards or committees of the city only in those instances in which the applicable legislation or contract is silent concerning a matter set forth within this division: (1) Governed by federal, state or county law; (2) Created by contract; (3) Relate to land use issues (see City Code Subpart B); (4) Relate to pension funds; (5) Referred to as "commission committees" on which city commissioners serve as members; or (6) Exempt from certain provisions of this division. Sec. 2-22. General requirements. Except as otherwise specifically provided: (1) All agencies, boards and committees shall express a statement of their bodies' purpose. (2) All agencies, boards and committees shall appoint a chairperson and a vice- chairperson, or a chair shall be appointed by the mayor in cases dealing with a mayor's board or committee. (3) The enabling legislation for all agencies, boards and committees shall contain qualifications for membership as to knowledge and experience. (4) Members of agencies, boards and committees shall be affiliated with the city; this requirement shall be fulfilled in the following ways: a. An individual shall have been a resident of the city for a minimum of six months; or b. An individual shall demonstrate ownership/interest for a minimum of six months in a business established in the city for a minimum of six months. Exceptions to subsections (4)a. and b. of this section shall only be permitted if it is determined by the city commission that an agency, board or committee requires the membership of an individual with a specific position, knowledge, experience or expertise not available in another individual who may otherwise comply with the terms of subsections (4)a. and b. of this section. 2 (5) All ad hoc agency, board and committee terms shall be one year; all other agency, board and committee terms shall be two years, expiring on December 31 and commencing on January 1. a. Members appointed by individual city commtss1oners (referred to as "direct appointees") to a specific agency, board or committee shall serve for no more than eight consecutive years on such agency, board or committee. Notwithstanding any other provision of the city Code or of any resolution, commencing with terms beginning on or after January 1, 2007, the term of every board member who is directly appointed by a member of the city commission shall automatically expire upon the latter of: December 31 of the year the appointing city commissioner leaves office or upon the appointment/election of the successor city commission member. b. Members appointed by the city commission as a whole (referred to as "at- large appointees") to any agency, board or committee shall serve for no more than six years on any agency, board or committee as an at-large appointee. Nothing set forth in this subsection shall prohibit any individual from being reappointed (and serving up to six years) to any at-large position after a hiatus of two years. However, individuals serving on an agency board or committee who will have otherwise served six years as of December 16, 2006, may serve the remainder of their existing term. Term limits set forth in subsections (5)a. and b. of this section shall be measured retroactively from an individual's initial appointment to membership on an agency, board or committee. Exceptions to subsection (S)b. of this section shall only be permitted if it is determined by the city commission that an agency, board or committee requires the membership of a registered architect or registered landscape architect who does not otherwise comply with the terms of subsection (S)b. hereinabove. (6) An individual member can serve as a chairperson of a specific agency, board or committee for no more than four consecutive years. (7) All agency, board and committee terms shall be staggered upon initial appointment by the city commission. (8) All agencies, boards and committees shall be supported by a city department. The supporting department shall make every effort to provide appropriate assistance with the mailing of meeting summaries, agendas and notices. (9) If any member of an agency, board or committee fails to attend 33 percent of the regularly scheduled meetings per calendar year, such member shall be automatically removed. To calculate the number of absences under the 33 3 percent formula, .4 or less rounds down to the next whole number and .5 or more rounds up to the next whole number. (1 0) During meetings, a standard sign-in register must be completed by members of agencies, boards or committees. If there is not a quorum to conduct agency, board or committee business, attendance and absences must othetWise be recorded. (11) Attendance shall be recorded when an individual arrives within 30 minutes of the scheduled meeting time and remains for at least 70 percent of the meeting. (12) All agencies, boards and committees shall meet at least once quarterly, unless othetWise indicated in this chapter. (13) The chairperson or his designee shall biannually submit a completed written report form, supplied by the city administration, to the city commission and city manager. Additionally, the chairperson or his designee shall annually present an oral report to the commission and city manager. The contents of both the report form and the oral report shall be approved by the submitting agency, board or committee prior to the presentations. (14) Upon appointment, individuals shall receive an explanation of the government in the sunshine law, public records law, conflict of interest policy, mission statement, attendance requirements and other pertinent information. (15) Individuals serving on an agency, board or committee as ex officio members shall be nonvoting members. (16) The issue of conflict of interest/abstention impairs an individual's ability to be an effective member of an agency, board or committee. Members of any city agency, board or committee shall abide by the applicable provisions of F.S. ch. 112; County Code chapter 2 and article VII of this chapter, and any other applicable provisions of law, regarding conflicts of interest. (17) Members of the community shall be encouraged to attend agency, board and committee meetings. (18) Members of agencies, boards and committees shall be encouraged to make recommendations for the filling of vacancies on their respective bodies. (19) The city manager, or the city manager's designee, shall annually prepare and present a report to the city commission tracking and identifying the city's diversity statistics. The report shall include the city's diversity statistics relating to individual commissioner, agency, board and committee appointments, city commission, agency, board and committee appointments, and city workforce diversity statistics. 4 (20) At·large appointment of agency, board and committee members to fill categories: a. When an appointment involves the selection of individual member(s) to fill any specified category or categories, the city commission vote(s) thereon shall be limited to the filling of each particular membership category by separate vote, with said votes to be taken and publicly announced in the order of category listings as set forth within the respective enabling legislation. Individuals seeking such appointments may qualify for more than one category. b. Notwithstanding the above, with regard to the City of Miami Beach Visitor and Convention Authority, any vacancy remaining after city commission appointments under the established categories may be filled by applicants from either or both (combined) the "hotel industry" category or "community at large" category. Q1} Filling special vacancies on certain boards. §..:. Whenever a vacancy occurs on the Board of Adjustment Planning Board, Design Review Board, or Historic Preservation Board prior to the end of a member's term of office due to resignation, termination, removal, or death, a special vacancy exists and said member shall cease to hold office immediately upon such resignation, termination, removal, or death. After the City Clerk has been notified in writing by the board's liaison that a special vacancy exists, a notice of special vacancy shall be posted in City Hall, on the City's website, and in any other place(s) that may be designated by the City Commission by resolution. The notice of special vacancy shall also be published once in a newspaper of general circulation in the City. An appointment to any of the above·referenced boards to fill a special vacancy shall not be made for at least ten (1 0) business days after the newspaper publication of the notice of special vacancy. !L Notwithstanding subsection (21 )(a), the City Commission may, if it finds that an emergency exists, authorize the temporary filling of a special vacancy by resolution. A person appointed to fill the special vacancy shall serve only on an acting basis, but with all of the powers and duties of board membership, until a final appointment is made. * * * Sec. 2-24. Termination of office of agency, board and committee members: exceptions; notification of vacancies. (a) Expiration of terms. All persons serving on city agencies, boards or committees shall cease to hold office when a successor is duly appointed, or 60 days after 5 expiration of the term of their office, as such term is specified in the ordinance, resolution or other law creating such office, whether or not a successor has been appointed, whichever occurs first, and such persons shall at that time cease to exercise any rights, power or prerogatives of office. (b) Exceptions. (1) This section shall not apply to persons appointed to serve for a specified term "and until a successor is appointed," or words to that effect; such persons shall continue to serve until reappointed or a successor is appointed by the city commission. (2) This section shall not apply to any agency, board, committee, commission or authority governed by federal, state or county law . .Ql This section shall not apply to special vacancies filled pursuant to subsection 2~22(21). (c) Notification of vacancies. The city manager shall give advance notice to the city commission, by notification in the agenda, of any and all future vacancies affected by this section. 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. 6 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the day of---------' 2013. PASSED and ADOPTED this day of _________ , 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK (Sponsored by Commissioner Deede Weithorn) Underline denotes additions strike through denotes deletions MATTI HERRERA BOWER MAYOR F:\ATTOITURNIORDINANC\Administration-Vacancies in Agencies Boards and Committees.docx 7 R7 RESOLUTIONS R7 -Resolutions R7 A A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 3 To That Certain Retail Lease Agreement By And Between The City Of Miami Beach, The Miami Beach Redevelopment Agency (Collectively, Lessor), And Penn 17, LLC (Lessee), Dated September 16, 2011, Involving The Lease Of Approximately 7,655 Square Feet Of Ground Floor Retail Space At The Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida; And Further Approving, Following A Duly Noticed Public Hearing As Required By Section 142-362 Of The City Of Miami Beach Code, An Entertainment Component, Which Will Be Added As An Additional Use Of The Leased Premises In Conjunction With Tenant's Re-Opening And Re-Branding Of Such Premises. 10:00 a.m. Public Hearing, Joint City Commission & Redevelopment Agency (Real Estate, Housing & Community Development) (Continued from May 8, 2013) (Memorandum to be Submitted in Supplemental) Agenda Item P-7 A Date 6-~-13 THIS PAGE INTENTIONALLY LEFT BLANK R7-Resolutions R7B A Resolution Accepting The Recommendation Of The City Manager Pursuant To Invitation To Negotiate (ITN) No. 059-2013ME, Approving All Material And Substantive Terms Of An Agreement Between The City And Aramark Sports And Entertainment Services, LLC. (Aramark) To Provide Professional Food And Beverage Facilities Management Services For The Miami Beach Convention Center; Based On Those Material And Substantive Terms And Conditions In The Term Sheet Attached As Exhibit "A" To This Resolution; Authorizing And Directing Aramark And The City Manager And City Attorney's Office To Finalize The Agreement Based On The Approved Term Sheet; Further Authorizing Aramark And The City Manager And City Attorney's Office To Make Any Non-Substantive And Non-Material Revisions And/Or Additions To The Agreement, As Required, And Authorizing The Mayor And City Clerk To Execute The Final Agreement (Said Agreement Having An Initial Term Of Three (3) Years, Commencing On October 1, 2013, And Ending On September 30, 2016, With Two (2) One Year Renewal Terms, To Be Exercised At The City's Sole Option And Discretion). (Tourism, Culture & Economic Development) (Memorandum to be Submitted in Supplemental) Agenda Item '9..7 B Date fo-S:../3. THIS PAGE INTENTIONALLY LEFT BLANK COMMISSION ITEM SUMMARY Condensed Title: A Resolution waiving by 517th vote, the competitive bidding requirement and approving an agreement between the City and Global Spectrum, LP (Global) for the operation, management, maintenance, promotion and marketing of the Miami Beach Convention Center and Colony Theatre, based on those material and substantive terms and conditions in the Term Sheet attached as Exhibit "A" to this Resolution; authorizing and directing Global and the City Manager and City Attorney's Office to finalize the agreement based on the approved term sheet; further authorizing Global and the City Manager and City Attorney's Office to make any non-substantive and non-material revisions and/or additions to the agreement, as required, and authorizing the Mayor and City Clerk to execute the final agreement (said agreement having an initial term of three(3) years, commencing on October 1, 2013, and ending on September 30, 2016, with two(2) one year renewal terms, to be exercised at the City's sole option and discretion). Item Summary/Recommendation: On September 10, 2008, the City Commission approved Resolution No. 2008-26888 which approved an agreement between the City and Global Spectrum, L.P. for the Management of the Miami Beach Convention Center, Colony Theater, and Byron Carlyle Theater. The Agreement was for an initial three (3) year term commencing on October 1, 2008, and ending on September 30, 2011, with two (2) one-year renewal options, exercisable with ninety (90) days prior written notice, at the sole and absolute discretion of the City. Please note that on April 15, 2011, the City terminated Global Spectrum's rights and responsibilities with respect to the operation and management of the Byron Carlyle Theater following the City Commission's approval of a management agreement with Broward Stage Door Theater. The City Commission at its December 12, 2013 meeting directed the Administration to negotiate a new agreement with Global Spectrum instead of competitively bidding the management agreement. The attached Term Sheet represents substantive terms of a new management agreement with Global Spectrum, which was presented to the Finance and Citywide Projects Committee at its May 13, 2013 meeting. The Administration recommends waiver of competitive bids approving all material and substantive terms of the agreement between the City and Global Spectrum, for the operation, management, maintenance, promotion and marketing of the Miami Beach Convention Center and Colony Theatre. Please refer to the attached Commission Memorandum and Term Sheet for detailed terms and conditions. 13,2013 Financial Information· Source of Amount Account Funds: Approved 1 $258,300 Base Mgmt Fee, plus an Convention Center Enterprise incentive fee potentially equaling up to Fund 100% of the Base Fee. OBPI Total FinanciallmpactSummary: This reflects the original fees for the Convention Center and Colony Theatre, which will save the City over $80,000 over the 5 year term of the agreement. The Financial Performance Criteria of the incentive fee was increased by $1 million from the current Gross Operating Revenue scale, which incentivizes Global Spectrum to generate more revenue for the Center. City Clerk's Office Legislative Tracking: Max Sklar, ext. (;1116 Sign-Qffs( i j : i 'D'ePill'tllfent Ptr~ctor I A ·)fimager I I i I ."v t ... ~'< ....... •' "---···""" I ?{c,/ ...-lA I -. T:\AGJtNI:lA\20~3vune 5\Giobal Spectrum Co~ntion Cente~gmt Agmt SUMMARY.doc ' ... MIAMI BEACH A I City ,.{lager I (...- }~ AGENDA ITEM ____:R_7_(. __ DATE tJ ... $-1..3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov COMMITTEE MEMORANDUM TO: Finance and Citywide Projects Com FROM: Jimmy L. Morales, City Manager___,._ DATE: June 5, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT AND APPROVING AN AGREEMENT BETWEEN THE CITY AND GLOBAL SPECTRUM, LP (GLOBAL) FOR THE OPERATION, MANAGEMENT, MAINTENANCE, PROMOTION AND MARKETING OF THE MIAMI BEACH CONVENTION CENTER AND COLONY THEATRE, BASED ON THOSE MATERIAL AND SUBSTANTIVE TERMS AND CONDITIONS IN THE TERM SHEET ATTACHED AS EXHIBIT "A" TO THIS RESOLUTION; AUTHORIZING AND DIRECTING GLOBAL AND THE CITY MANAGER AND CITY ATTORNEY'S OFFICE TO FINALIZE THE AGREEMENT BASED ON THE APPROVED TERM SHEET; FURTHER AUTHORIZING GLOBAL AND THE CITY MANAGER AND CITY ATTORNEY'S OFFICE TO MAKE ANY NON-SUBSTANTIVE AND NON- MATERIAL REVISIONS AND/OR ADDITIONS TO THE AGREEMENT, AS REQUIRED, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL AGREEMENT (SAID AGREEMENT HAVING AN INITIAL TERM OF THREE(3) YEARS, COMMENCING ON OCTOBER 1, 2013, AND ENDING ON SEPTEMBER 30, 2016, WITH TW0(2) ONE YEAR RENEWAL TERMS, TO BE EXERCISED AT THE CITY'S SOLE OPTION AND DISCRETION). ADMINISTRATION RECOMMENDATION Adopt the Resolution. CONTRACT FUNDING Funding is available from Convention Center Enterprise Fund, which funds the operation of the Miami Beach Convention Center. • $258,300 per year, escalating by Consumer Price Index-All Urban Consumers (CPI-U) -U.S. City Average, but not to exceed (capped at) 3%. Management fee will be allocated to each facility as follows: o Miami Beach Convention Center: $241 ,600 o Colony Theater: $16,700 Funding is provided to the City by the selected proposer, per contract as follows: • Capital contribution = $200,000 • Scholarship contribution = $ 12,500. This reflects the original fees for the Convention Center and Colony Theatre, which will save the City over $80,000 over the 5 year term of the agreement. Convention Center Management Agreement City Commission Meeting June 5, 2013 Page 2 of6 BACKGROUND On September 10, 2008, the City Commission approved Resolution No. 2008-26888 which approved an agreement between the City and Global Spectrum, L.P. for the Management of the Miami Beach Convention Center, Colony Theater, and Byron Carlyle Theater. The Agreement was for an initial three (3) year term commencing on October 1, 2008, and ending on September 30, 2011, with two (2) one-year renewal options, exercisable with ninety (90) days prior written notice, at the sole and absolute discretion of the City. Please note that on April 15, 2011, the City terminated Global Spectrum's rights and responsibilities with respect to the operation and management of the Byron Carlyle Theater following the City Commission's approval of a management agreement with Broward Stage Door Theater. The Base Management Fee in the first year was $275,000 (plus incentive that cannot exceed an amount equal to 100% of the base fee; capped at greater of CPI or 3%). Global Spectrum also provided the City with the following contributions: • Capital contribution (one-time) = $375,000 • Scholarship contribution (annual) = $ 12,500 Net Performance Improvement Pursuant to the Agreement, Global Spectrum guaranteed a Net Performance Improvement, which is defined as the "Required Improvement" on the Fiscal Year (FY) 08/09 budgeted net deficit of $1 ,492,134 (which includes both the FY08/09 budgeted net operating deficit and includes Executive Salaries and Benefits). As per the Agreement, the Required Improvement over the net deficit of $1,492,134 for each Contract Year is as follows: • FY 08/09 = $ 500,000 (or a resulting net operating loss of $992, 134) • FY 09/10 = $1,000,000 (or a resulting net operating loss of $492, 134) • FY 10/11 = $1 ,500,000 (or a resulting net profit of $7 ,866) On March 1, 2010, the City Commission adopted Resolution No. 2010-27372, which approved an amendment to the Agreement adjusting the Net Performance Improvement by $50,301.20 in each year due to a an interest shortfall credit which resulted from the City's requirement for Global Spectrum to change banking institutions. The requirement for Global Spectrum to make a $500,000, $1,000,000 and $1,500,000 improvement over the net deficit did not change. The adjustment is only to the starting net deficit amount. For example, this Amendment changed the Required Improvement over the net deficit of $1,542,435 (instead of $1,492, 134). In the first year of the initial Term, to the extent the actual improvement achieved in the Fiscal Year was less than the Required Improvement, as set forth above, the City could draw against a required $500,000 Letter of Credit (LOC) provided by Global for any difference between the Required Improvement and the actual improvement. The contract also allows Global to bank or apply any excess improvement from year one to any shortfall of their required improvement in year two (up to the value of their Incentive Pay). The Line of Credit provides a venue for the City to collect if there are subsequent shortfalls on their Required Improvements. Following the end of FY 2009, Global Spectrum paid the City $76,897, which represents the shortfall from the "Required Improvement." This also included uncollected bad debt. In FY 2010 Global Spectrum surpassed the "Required Improvement" by $214,445. Over the first two years of the Agreement, Global Spectrum reduced the operating loss of the MBCC by $1,214,445. In FY 2012 the Convention Center generated an operating profit of $21,821, which is only the second time in the history of the facility that an operating profit was produced. The Convention Center Management Agreement City Commission Meeting June 5, 2013 Page 3 of6 Operating Loss for the current Fiscal Year is projected to be $872,955 as of second quarter projections. FY 2010/11 Global Spectrum was not able to meet the net performance guarantee and was required to pay the City $500,000, plus the earned annual incentive fee. As previously stated, Global was required to achieve an annual Net Performance Improvement as specified in the Agreement. As a penalty for not achieving the annual improvement, the City could draw against the $500,000 Letter of Credit (LOC) provided by Global for any difference between the Required Improvement and the actual improvement. In the final year of the Agreement, if the LOC does not cover the shortfall, the City can draw against the earned Incentive Fee from that Fiscal Year. Global is not responsible for any additional shortfall beyond the LOC and Incentive Fee. The City has agreed to use these funds on mutually agreed upon improvements to the Facility. New Messe Schweiz Show As you may recall, the Management Agreement also has a requirement for Messe Schweiz (M.S.), in partnership with Global Spectrum, within the initial term and subject to the existing booking policies and commercial viability to do the following: 1. Use best efforts to book and actualize, one (1) M.S. owned show or event during the initial term of the Agreement. 2. Use best efforts to book and actualize during the initial term of the Agreement, which can occur after the initial Term, one (1) (non-M.S. owned) international show or event. Global Spectrum provided a Corporate Guarantee, on behalf of M.S., for $275,000 for the City to draw upon if, notwithstanding M.S. "best efforts," as provided for in the Management Agreement, M.S. failed to book and actualize shows or events as required. The March 2010 Amendment gave Global Spectrum until the end of the third contract year (September, 30, 2011) to book and actualize one M.S. produced/owned show or event before the $250,000 Guarantee is due to the City. Global and M.S. were to also book, during the initial Term, one non-M.S. produced/owned international show or event, or an additional $25,000 is due to the City. This show or event may be actualized at any time up to 24 months following the end of the Term if, during such period, the Corporate Guarantee provided by Global to secure this obligation remains in effect, unaffected by the termination or expiration of this Agreement. As required, in 2011 Global Spectrum booked and actualized a Messe Schweiz owned show (Animalia) during the initial term of the Agreement. Animalia was successful in its first year and will recur annually. Global also booked a non-M.S. international show for 2012. Additionally, Global Spectrum, in partnership with Messe Schweiz (MCH), developed new collateral material, which outlines the business industry and related selling points strictly devoted to the European market. MCH also launched additional web pages within their website that includes sales brochures and additional information regarding the MBCC and the destination. Other Operational Highlights Global Spectrum officially assumed management responsibility for the Miami Beach Convention Center (MBCC), Colony Theatre and Byron Carlyle Theater on October 1, 2008. Global originally successfully transitioned 63 of the 77 full-time employees (81 %). The transition of management was seamless and without any interruption to services. The following is a summary of events and attendance during Global Spectrum's management: Convention Center Management Agreement City Commission Meeting June 5, 2013 Page 4 of6 Events FY 08/09: 108 FY 09/10: 103 FY10/11:119 FY 11/12: 128 Attendance FY 08/09: 632,700 FY 09/10: 708,750 FY 10/11:661,625 FY 11/12:661,327 The "Green" Initiatives implemented by Global Spectrum included the "Step Up" program (logos placed on light switches and computers reminding employees to reduce energy when not in use); programming of major mechanical control functions for energy reduction; single stream recycling program; and the purchasing of green janitorial cleaning supplies, toilet tissue, paper towels and hand soap. They worked closely with Centerplate to ensure that they are utilizing recyclable products in regards to utensils, disposable plates and paper products. This effort has already yielded significant results. On September 14, 2011, the City Commission adopted Resolution No. 2011-27728 extending the Management Agreement for an additional two (2) years. The following is a summary of the contract amendment included in the renewal: 1. Eliminate the Net Performance Improvement and guarantee. The requirement for Global Spectrum to make a $500,000 (year 1), $1,000,000 (year 2) and $1,500,000 (year 3) improvement over the net deficit was based on the 2008-09 SMG Budget as the measure of Global Spectrum's performance. After operating the facility for three (3) years, both parties agreed that Global should only guarantee its own annually City- approved budget. To that end, however: a. If Global misses the City-approved budget Net Operating Profit/Loss by 5%, Global will rebate to the City $.50 of each $1.00 in Incentive Fee they earned, capped at an amount not to exceed 50% of the Incentive Fee earned in any given fiscal year; and b. Global Spectrum will be required to rebate Incentive Fee only in the case where failure to achieve the City-approved budget Net Operating Profit/Loss by 5%, is due to reasons that are under Global Spectrum's control. Such as: bookings for conventions, tradeshows and corporate events within 24 months and day-to-day maintenance of the facility and its infrastructure. Items beyond Global Spectrum's control include capital improvements due to storms or various acts of God and new operating or maintenance requirements imposed by the City after the current year's budget is approved. 2. Global Spectrum has met their obligation to book and actualize a Messe Schweiz owned show (Animalia) during the initial term of the Agreement. The partnership between Global and Messe Schweiz will continue for international sales efforts, as well on-going participation on the Executive Management Committee. The $25,000 Guarantee for the non-M.S. owned show remained in effect. 3. The Incentive Fee allows Global to earn up to 100% of the base Management Fee if certain criteria are achieved. Both parties agreed the Incentive Fee is complicated and should be simplified. Negotiated changes to the Incentive Fee included customer Convention Center Management Agreement City Commission Meeting June 5, 2013 Page 5 of6 satisfaction (30 points}, financial performance (50 points), maintenance and capital improvements (15 points) and discretionary (5 points). Global Spectrum was awarded the contract in 2008 following a competitive bid process and has managed the convention center since October 2008. The current agreement between the City and Global Spectrum does not have any additional renewal provisions. On December 12, 2012, the City Commission passed a motion made by Commissioner Weithorn authorizing the City Administration to negotiate with Global Spectrum for a new Management Agreement instead of proceeding with a Request for Proposals. The following summaries the Net Operating Income, actual vs. budget, for the Convention Center during Global Spectrum's management tenure: Net Operating Net Operating Variance lncome/(Loss) lncome/(Loss) Over/ (Under) ACTUAL BUDGET FY 2008/09 ($1 ,335, 173) ($1 ,624,384) ($289,211) FY 2009/10 _(_$185, 195) ($164, 135) $21,060 FY 2010/11 ($937,811) ($668,313) $269,498 FY 2011/12 $21,821 ($493,284) ($471 ,463) FY 2012/13 (Projected) as of 2na qtr ($872,955) ($1 '143,404) ($270,449) * Please note: Net Operating Income does not include transition costs or non-operating (City) revenues or expenses that are part of the MBCC Enterprise Fund. The following chart details the payments made to and from Global Spectrum during the first four (4) years of the agreement, as well as projections for the current, and final, year. Payments to Global Actual Actual Actual Actual Projected Spectrum 2008/09 2009/10 2010/11 2011/12 2012/13 MBCC $ 241,600.00 $ 241,600.00 $ 244,257.60 $ 251,585.33 $ 259,132.89 Colony $ 16,700.00 $ 16,700.00 $ 16,883.70 $ 17,390.21 $ 17,911.92 Byron $ 16,700.00 $ 16,700.00 $ 9,848.86 -- Incentive**** $ 148,500.00 $ 140,250.00 -$ 248,802.37 $ 254,881.22 Total $ 423,500.00 $ 415,250.00 $ 270,990.16 $ 517,777.91 $ 531,926.03 Actual Actual Actual Actual Projected Payments to CMB 2008/09 2009/10 2010/11 2011112 2012/13 Performance Guarantee $ 76,897.00 $ -$ 646,334.69 Capital $ 375,000.00 Scholarship $ 12,500.00 $ 12,500.00 $ 12,500.00 $ 12,500.00 $ 12,500.00 Total $ 387,500.00 $ 12,500.00 $ 658,835.00 $ 12,500.00 $ 12,500.00 • FY 08/09 the Incentive Fee was equal to 54% of Base Fee; FY 09/10 there was no CPI Adjustment in, and the Incentive Fee was equal to 51% of Base Fee; FY 10/11 there was a 1.1% CPI Adjustment; Incentive Fee was equal to at 54%; Performance Guarantee was not achieved the Incentive was forfeited; FY 11/12 -CPI Adjustment was 3%; Incentive Fee is projected at 92%; FY 12/13 -CPI Adjustment is estimated at 3%; Incentive Fee is projected at 92%. The Adminsitration and Global Spectrum have been negotiating terms of a new agreement, which was presented to the Finance and Citywide Projects Committee (FCWPC) on May 13, 2013. The FCWPC recommended two (2) one (1) year renewal options instead of one (1) two Convention Center Management Agreement City Commission Meeting June 5, 2013 Page 6 of6 (2) year renewal. They also requested the laguage pertaining to Messe Schweiz be finalized. At the time of the FCWPC Global Spectrum was still finalzing the terms of their relationship for the new agreement and details were not available. Those details have been worked and are included in the attached Term Sheet, along with all other terms, for your review and consideration. CONCLUSION The attached Term Sheet represents substantive terms of a new management agreement with Global Spectrum. Based on the direction from the City Commission at its December 12, 2013 meeting, and following the direction from the FCWPC, the Administration recommends waiver of competitive bids approving all material and substantive terms of the agreement between the City and Global Spectrum, for the operation, management, maintenance, promotion and marketing of the Miami Beach Convention Center and Colony Theatre. JLM/KGB/MAS T:\AGENOA\2013\.June 5\Convention Center FacWties Management Globat SpedrJJm Memo.docx RESOLUTION NO. ____ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT AND APPROVING AN AGREEMENT BETWEEN THE CITY AND GLOBAL SPECTRUM, LP (GLOBAL) FOR THE OPERATION, MANAGEMENT, MAINTENANCE, PROMOTION AND MARKETING OF THE MIAMI BEACH CONVENTION CENTER AND COLONY THEATRE, BASED ON THOSE MATERIAL AND SUBSTANTIVE TERMS AND CONDITIONS IN THE TERM SHEET ATTACHED AS EXHIBIT "A" TO THIS RESOLUTION; AUTHORIZING AND DIRECTING GLOBAL AND THE CITY MANAGER AND CITY ATTORNEY'S OFFICE TO FINALIZE THE AGREEMENT BASED ON THE APPROVED TERM SHEET; FURTHER AUTHORIZING GLOBAL AND THE CITY MANAGER AND CITY ATTORNEY'S OFFICE TO MAKE ANY NON- SUBSTANTIVE AND NON-MATERIAL REVISIONS AND/OR ADDITIONS TO THE AGREEMENT, AS REQUIRED, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL AGREEMENT (SAID AGREEMENT HAVING AN INITIAL TERM OF THREE(3) YEARS, COMMENCING ON OCTOBER 1, 2013, AND ENDING ON SEPTEMBER 30, 2016, WITH TW0(2) ONE YEAR RENEWAL TERMS, TO BE EXERCISED AT THE CITY'S SOLE OPTION AND DISCRETION). WHEREAS, on September 10, 2008, the City Commission approved Resolution No. 2008-26888 which approved an agreement between the City and Global Spectrum, L.P. for the Management of the Miami Beach Convention Center, Colony Theater, and Byron Carlyle Theater; and WHEREAS, the Agreement was for an initial three (3) year term commencing on October 1, 2008, and ending on September 30, 2011, with two (2) one-year renewal options, exercisable with ninety (90) days prior written notice, at the sole and absolute discretion of the City. WHEREAS, on April 15, 2011, the City terminated Global Spectrum's rights and responsibilities with respect to the operation and management of the Byron Carlyle Theater following the City Commission's approval of a management agreement with Broward Stage Door Theater; and WHEREAS, the City Commission at its December 12, 2013 meeting directed the Administration to negotiate a new agreement with Global Spectrum instead of competitively bidding the management agreement; and WHEREAS, the attached Term Sheet represents substantive terms of a new management agreement with Global Spectrum; and WHEREAS, the Finance and Citywide Projects Committee reviewed the draft term sheet at its May 13, 2013 meeting; and WHEREAS, the Administration recommends waiver of competitive bids approving all material and substantive terms of the agreement between the City and Global Spectrum, for the operation, management, maintenance, promotion and marketing of the Miami Beach Convention Center and Colony Theatre. 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 waive, by 5/ih vote, the competitive bidding requirement and approving an agreement between the City and Global Spectrum, LP (Global) for the operation, management, maintenance, promotion and marketing of the Miami Beach Convention Center and Colony Theatre, based on those material and substantive terms and conditions in the Term Sheet attached as Exhibit "A" to this Resolution; authorizing and directing Global and the City Manager and City Attorney's Office to finalize the agreement based on the approved term sheet; further authorizing Global and the City Manager and City Attorney's Office to make any non-substantive and non-material revisions and/or additions to the agreement, as required, and authorizing the Mayor and City Clerk to execute the final agreement (said agreement having an initial term of three(3) years, commencing on October 1, 2013, and ending on September 30, 2016, with two(2) one year renewal terms, to be exercised at the City's sole option and discretion). PASSED and ADOPTED this __ day of ____ , 2013. ATTEST: MAYOR CITY CLERK T:\AGENDA\2013\June 5\Giobal Spectrum Convention Center Mgmt Agmt RESO.doc PRELIMINARY TERM SHEET (DRAFT #6) Management Agreement for the Miami Beach Convention Center and Colony Theater Between the City of Miami Beach and Global Spectrum (Global) Date: May 21. 2013 TERM 1. Form of Agreement 2. Facilities covered under Agreement 3. Term 4. Renewal Options 5. Management Fee 6. Capital Contribution and improvements 7. Scholarship Contribution 8. Incentive Fee Management Agreement. Miami Beach Convention Center (MBCC), and Colony Theater (Colony). Collectively, aforestated may also be referred to as the Facilities. Three (3) year initial term commencing on October 1, 2013, and ending on September 30, 2016. A "contract year" shall be defined as the period from October 1 through September 30 of the following year (coinciding with the City's Fiscal Year). Two (2) one (1) year renewal options, exercisable with ninety (90) days prior written notice, at the sole and absolute discretion of the City Manager. City Manager, at its sole discretion, may elect to exercise both options at the same time. $258,300 per year, escalating by Consumer Price Index -All Urban Consumers (CPI-U) -U.S. City Average, but not to exceed (capped at) 3%. Management fee will be allocated to each facility as follows: • Miami Beach Convention Center: $241,600 • Colony Theater: $16,700 This reflects the original fees for the Convention Center and Colony Theatre. This will save the City over $80,000 over the 5 year term of the agreement. $200,000, payable within thirty (30) days of contract execution. Capital contribution will be used as determined by City, in its sole discretion. Capital contribution will be amortized on a straight-line, non-cash basis over five years. No repayment of unamortized portion if termination for cause. Global Spectrum (Global) to participate at corporate level, including the facility's General Manager (as MBCC stakeholder) on discussions relating to proposed MBCC expansion/improvements. $12,500 per year, payable within thirty (30) days of contract execution and, thereafter, within thirty (30) days of commencement of each contract year. 1. A total of up to twenty-five (25) percentage points will be awarded based on the average survey score for each of the following ten (1 0) departments (Global shall be awarded up to 2.5 points per department, for a total possible score of 25): Sales Event Management Operations TERM Food & Beverage IT !Telecommunications Audio Visual Valet Parking Services Business Center Visit Miami Beach Fire Inspector If a department's average survey score is 93% or higher, Global shall be awarded 2.5 points for such department (out of 25) If a departments' average survey score is from 90% to 92.99%, Global shall be awarded 1 point for such department (out of 25) If a departments' average survey score is less than 90%, Global shall be awarded 0 points for such department (out of 25) Survey instrument administered by independent third party jointly selected by City, GMCVB and Global Spectrum. 2. A total of up to five (5) percentage points will be awarded based upon the percentage of completed customer satisfaction surveys (which survey form shall be subject to the prior written approval of the City Manager) out of total potential surveys (of which there shall be one per Event) received from all Events that use the Facilities as detailed below: 70% completed 65% completed 55% completed Less than 55% 5 points 3 points 1 points 0 points. 3. Financial Performance: A total of up to fifty (50) percentage points will be awarded based upon the percentage of annual Gross Operating Revenue generated as detailed below o $17.50M >revenue= 50 points • $17.25-$17.499M = 35 points o $17.00-$17.249M = 25 points o < $16.99M = 0 points • Note: The Financial Performance Criteria represents a $1 million increase from the current Gross Operating Revenue scale. 4. Maintenance and Improvement of Facility and its Capital Equipment. A total of up to fifteen (15) percentage points will be awarded if Global has met or exceeded the maintenance standards set forth in the Agreement (including, without limitation, the Comprehensive Preventive Maintenance Program and maintenance of Capital Equipment, as may be amended from time to time during the Term by the City). The City Manager's evaluation pursuant to this subsection shall also, without limitation, take into account the annual review by the City's Property Management Division and/or a yearly review by an outside independent consultant retained by the City 2 TERM 9. Messe Schweiz (M.S.) Participation/Obligations Manager. 5. Discretionary. A total of up to 5 percentage points may be awarded, as determined by the City, in its sole and absolute discretion. The City may take into account, but not be mandated by, the following: community involvement; extraordinary quantifiable and measurable creative initiatives that directly result in Global securing new City-wide business for the City of Miami Beach during the off season period; and/or demonstration and integration of new strategic Global corporate resources to the benefit of the tourism and/or cultural community of Miami Beach; and/or development of new or enhanced revenue streams for Facility use and services. **If the City elects to proceed with the Convention Center Expansion and Enhancement Project, the Incentive Fee criteria must be revisited and prior to the re-opening of the expanded and enhanced Convention Center. M.S. will actively participate in Agreement. Active participation shall be defined and, at a minimum, include: a) Provide Global with on-going advice, as requested, regarding the management, marketing and operation of the Center; b) Participation by M.S. on a Convention Center User Group; c) Continued cooperation by M.S. in providing international sales and referrals of interested European I International show producers Global throughout the Term of the Agreement; d) Continue to explore the possibility of producing additional M.S. shows at the Miami Beach Convention Center subject to date availability and commercial viability as solely determined by Global and M.S. City shall have principal oversight, supervision, and control over certain M.S. activities [i.e. the "firewall" concept): (a) City shall have primary and final oversighUreview/approval of any proposed business terms, including without limitation, MBCC (and/or any of the other Facilities) lease terms and/or any and all other incentives and/or City proposals, commitments, initiations, etc., related to ABMB. (b) Same provisions in subsection (b) above would apply to new M.S. owned shows and/or any shows (including international shows) brought to the City by M.S .. (c) M.S. shall be required to submit any proposed business and/or other terms for proposed M.S. owned and/or new (including international) shows to City, for its approval of said business and other terms, prior to any such deal being made (provided City shall not veto any shows based on show content or theme, and that City review is limited to business terms). (d) M.S. shall be responsible for its air fare and any other travel costs for travel to Miami Beach related to its participation in this Agreement, as set forth herein, and 3 TERM 10. Public Benefits 11. Food and Beverage Oversight 12. Marketing and Promotion any and all such costs shall not be considered as Operating Expenses. Global Spectrum will continue to produce a minimum of three (3) dances each year targeted to City of Miami Beach senior citizens. The City Manager shall require that, during the Term of this Agreement, a member of Global's Executive Level Employees, have food & beverage experience and be charged (among his/her duties) with supervising, monitoring and ensuring consistent performance, quality standards, and compliance with the City's agreement with the City's Food and Beverage provider; Global to continue following marketing and promotional obligations (as part of Global's comprehensive approach to marketing the Facilities): 1) Global to continue to provide continuously during the Term hereof, an in-house ad-agency capability to place Event-related advertising. 2) Global to provide a report on sales and marketing efforts, as provided for in Section 6.3. 3) Global to develop an advertising buy program that will offer preferred (discount) pricing for each Facility's users on select Comcast services including, without limitation: A. In-market ROS advertising on Comcast channels; B. On Demand; C. Comcast.net; and D. Cross-channel marketing opportunities. 4) Global to provide assistance in obtaining discount pricing for advertising buys for the City and Facility users in out-of-market Comcast service areas. 5) Global to secure CNN Headline News Comcast -"Newsmakers" for Facilities including, without limitation: A. A minimum of four (4) "Newsmaker'' shows per Contract Year during the Term hereof. Each "Newsmaker'' show shall consist of a five (5) minute interview format of approximately 21 airings during a one-week period (42 total times per month) on CNN Headline News; and B. Segments provided to the Convention Center, to be used by the City and Convention Center users. C. Best efforts to secure additional Newsmaker show opportunities. 6) Global to secure Comcast Bill Envelope Messaging including, without limitation: A. A minimum of two (2) times per Contract Year, the City or Convention Center users shall be provided with the ability to send messaging to Comcast subscribers in Miami-Dade, Broward and Monroe Counties on the monthly Comcast Bill Envelope (900,000 bills per month); and B. Best efforts to secure additional Comcast Bill Envelope Messaging opportunities. 4 TERM 13. Net Operating Profit Guarantee 14. Other 7) Global to secure Comcast Bill Messaging including, without limitation: A A minimum of four (4) times per Contract Year, the City or Convention Center users will be provided the ability to send messaging to Comcast subscribers in Miami~Dade, Broward and Monroe Counties on the monthly Comcast Bill (900,000 bills per month); and B. Best efforts to secure additional Comcast Bill Messaging opportunities. For any Contract Year, if the actual Net Operating Profit or Net Operating Loss achieved is unfavorable as compared to the Approved Budget by a margin of greater than Fifty Thousand Dollars ($50,000), then the Incentive Fee earned by Global for such Contract Year shall be reduced by fifty cents ($.50) for every dollar of Shortfall, up to the Cap. For purposes of this subsection, "Shortfall", with respect to any Contract Year, shall mean either (i) if the Approved Budget reflects a projected Net Operating Profit, the amount by which the Net Operating Profit projected in the Approved Budget exceeds the actual Net Operating Profit in such year by more than Fifty Thousand Dollars ($50,000); or (ii) if the Approved Budget reflects a projected Net Operating Loss, the amount by which the actual Net Operating Loss in such year exceeds the Net Operating Loss projected in the Approved Budget for such year by more than Fifty Thousand Dollars ($50,000). The "Cap" shall mean fifty percent (50%) of the Incentive Fee actually earned by Global in the applicable Contract Year. Notwithstanding the foregoing, the Incentive Fee shall not be reduced to the extent Global's failure to achieve the applicable benchmark is due to reasons outside Global's reasonable control, such as a Force Majeure affecting the Facility, or new operating or maintenance requirements imposed by the City after finalization of the Approved Budget (The parties acknowledge that items within Manager's control may include, but are not limited to, bookings for conventions, tradeshows and corporate events 24 months and in, and day to day routine maintenance of the Facility)." ALL OTHER TERMS AND CONDITIONS OF THE CURRENT MANAGEMENT AGREEMENT SHALL REMAIN IN EFFECT. F:\INFO\$ALL\Max\TCD\MBCC\GS Term Sheet 2013 DRAFT.doc 5 RESOLUTION TO BE SUBMITTED THIS PAGE INTENTIONALLY LEFT BLANK lD MIAMIBEACH '':L,' COMMISSION MEMORANDUM TO: Mayor Mattie Herrera Bower and FROM: Jimmy L. Morales, City Manager """"~-..,...:::::_ Jose Smith, City Attorney DATE: June 5, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT AGREEMENT BETWEEN SEVILLE ACQUISITION, LLC, AND THE CITY OF MIAMI BEACH, CONCERNING THE PARTIAL DEMOLITION OF THE BOARDWALK AND THE CONSTRUCTION OF THE BEACHWALK BEHIND THE MARRIOTT EDITION HOTEL AT 29TH STREET AND COLLINS AVENUE, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE SETTLEMENT AGREEMENT, AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE SUCH ACTIONS AS MAY BE NECESSARY TO CARRY OUT THE INTENT HEREOF. RECOMMENDATION The City Manager and City Attorney recommend the adoption of the resolution approving the settlement agreement. BACKGROUND During the Dr. Stanley Sutnick Citizen's Forum, at the February 6, 2013 Commission meeting, a motion was made and approved by acclamation giving the Administration direction that future segments of the beachwalk should be elevated in order to have an ocean view. Following this motion the City Commission referred discussion of boardwalk matters to the Land Use and Development Committee. Additionally, on October 9, 2012, the Historic Preservation Board passed a resolution encouraging the Commission to consider the retention of the elevated wooden boardwalk and for the City to engage the State in exploring the possibility of developing a process to allow the approval of the elevated boardwalk structures. At the April 23, 2013, Land Use and Development Committee meeting, a discussion of the Boardwalk issue was held. A motion was adopted indicating that there was a consensus reached on keeping the existing, raised boardwalk, and that priority is to be given to completing the beachwalk link between 46 1hand 641h Streets, and then study the potential of adding a bike path at grade, adjacent to the existing raised boardwalk. The Administration was directed to evaluate existing projects that contemplate the removal of portions of the boardwalk, and report back to the LUDC on progress. At the May 81h Commission meeting, during the Dr. Stanley Sutnick Citizen's Forum, representatives from the Seville Marriott project at 29 1h Street and Collins Avenue appeared and spoke to the Commission about their impending development and the difficulty of changing course with the treatment of the rear of their property if they were required to retain the Boardwalk after Agenda Item ~ 1 D Date '7-S-l3 Memo to Commission -Resolution Adopting Settlement Agreement -Seville v. CMB June 5, 2013 Page 2 of5 designing their project to interface with a grade level beachwalk. The City Commission set a special meeting for May 20, 2013 to discuss the matter further. HISTORY The wooden boardwalk was built in the mid-1980's and extended from the south end of Collins Park at 21st Street to the north end of Indian Beach Park at 471h Street. The boardwalk is an elevated wooden structure that lies on state lands but is owned and maintained by the City. The boardwalk is 12 feet wide and is dedicated solely to pedestrian use and for safety does not allow for use by bicyclists. The City of Miami Beach is developing a series of bicycle/pedestrian/greenway projects called the Atlantic Greenway Network (AGN). The AGN will consist of two main trail systems: the beachwalk, which extends in a north/south direction between the erosion control line and the dune system, and the neighborhood trails, which extends in all directions through the south, middle, and north beach neighborhoods. The existing boardwalk is not part of the AGN because its current width does not allow for safe bicycle and pedestrian joint use. However, the beachwalk projects consist of on- grade, ADA accessible pathways that support bicycle use and other recreational activities that are in line with the goals of the AGN. Past & Current Projects In 2009, during the development of theW-Hotel, the boardwalk fronting this property was removed and replaced with pavers from 21st Street to 23rd Street. The developer designed, constructed, and partially funded 885 feet of beachwalk east of the W-Hotel and Collins Park and on the 22nd Street- end. The total project cost was $1,107,225. The developer's construction cost was $582,225 plus another $275,000 in Right-of-Way fees that the City applied to the project. The City contributed the remaining $250,000 toward the project. In October 2012, the City began the removal of the existing elevated boardwalk and replacement with approximately 950 feet of an on-grade paver pathway from the south property line of the Eden Roc Hotel (approximately 45th Street) to the north terminus of the wooden boardwalk at approximately 47th Street. Construction is anticipated to be complete June 2013. Eden Roc funded the permitting and design of the beachwalk. The total construction cost for this project is $1,063,550, which is funded through $704,000 from a Florida Department of Transportation grant and $359,550 from the City. Committed Private Development Projects The Planning Department, as part of the development review process, has accepted voluntary proffers from a number of upland properties that are adjacent to the boardwalk for them to assist in the development of segments of a public beachwalk. The Fontainebleau, Ocean Grand Hotel, Versailles Project, Saxony Project, Seville Project, and the Perry Hotel have all committed or are in negotiations with the City to construct or fund the construction of a beachwalk for the public benefit. On May 20, 2013 the City Commission voted to allow the Perry Hotel to remove the boardwalk behind that property (23rd -241h Street). The Saxony Hotel Project is currently under construction and we have reached out to their representatives. Comprehensive Plan The 2025 Miami Beach Comprehensive Plan was adopted by the City Commission on April 13, 2011 and became effective July 1, 2011. Pursuant to the policy adopted by the City Commission as part of the 2025 Miami Beach Comprehensive Plan, the Administration has continued to implement the beachwalk and baywalk projects in order to further the City's vision of a continuous on-grade recreational path running north/south along the coast linking the City's South, Middle, and Memo to Commission -Resolution Adopting Settlement Agreement~ Seville v. CMB June 5, 2013 Page 3 of5 North Beach Neighborhoods. As recently as December 2012, for example the City Commission approved a deal with the developer of the Saxony Hotel site to replace the Boardwalk from 32nd Street to 36 1h Street. Beachfront Management Plan & Atlantic Greenway Network The City's Beachfront Management Plan with the State of Florida also lists the development of the AGN as a management activity that enhances the natural resource value and/or public recreation value for which the lands were acquired. The Beachfront Management Plan states that the AGN serves to help conserve the dune ecosystem and provide significant economic and social benefit by creating a continuous coastal network for alternative transportation and community enhancement. This vision was also documented in the City's Atlantic Greenway Network Master Plan adopted by City Commission on October 17, 2007. As such, it has been the City's policy that as oceanfront properties redevelop the Planning Department, as part of the development approval process, negotiates with private property owners to remove the elevated structure where one exists and to construct an on~grade beachwalk that can safely accommodate bicyclists and pedestrians. Reversing this policy would mean the City would incur the full costs of the Beachwalk at some future date if the Boardwalk were destroyed by storm or decay. The City has already made a substantial investment in the development of the AGN. Florida Department of Transportation (FOOT) funds are available for alternative transportation facilities that improve mobility. To date, the City has obtained more than $6,000,000 in funding from FOOT to design and construct the coastal portion of the AGN. These funds are contingent upon establishing an alternative transportation corridor that is accessible by non-motorized vehicles (bikes, skate boards, roller blades, etc) as well as pedestrians. Other Considerations Although statements have been made that the State required removal of the Boardwalk, the reality is that there were a series of policy considerations that informed the City's policy. First, residents had expressed security concerns. Individuals often loiter beneath the elevated boardwalk. Homeless encampments can often go undetected for long periods of time. Secondly, there were health issues. Large number of feral cats living under the boardwalk can lead to unsanitary conditions that cause a public health concern. Third, there were safety issues with a degrading wooden Boardwalk. Loose planks have lead to injuries and liability for the City. Fourth, the wooden boardwalk does not provide connectivity for bicycles. Finally, the cost of repairing and maintaining the wooden boardwalk far exceeds such costs for the beachwalk. Permitting Requirements All construction that occurs east of the Coastal Construction Control Line (CCCL) requires a permit from the Florida Department of Environmental Protection (FDEP). The CCCL Permitting Program goal is to protect the coastal system from improperly sited and designed structures which can destabilize or destroy the beach and dune system. These standards may be more stringent than those already applied in the rest of the coastal building zone because of the greater forces expected to occur in the more seaward zone of the beach during a storm event. During the CCCL permit application process, FDEP reviews a project's construction plans to determine if the proposed design is a major or minor structure. No major structures can be constructed east of the Erosion Control Line (ECL). In addition, during the permitting process FDEP will request that the footprint of any structure (beachwalk or boardwalk) be within a given set back from the ECL. Until plans are presented to FDEP they will not make a formal determination if Memo to Commission -Resolution Adopting Settlement Agreement-Seville v. CMB June 5, 2013 Page 4 of5 a structure is considered major or minor. The City has not presented FDEP with a plan to permit any new boardwalk structures, thus at this time we do not have precedent on if a new or larger boardwalk structure could be permitted. DEP has informally indicated however, that any widening of the Boardwalk could not push eastward. Clearly, there are serious physical restrictions on any widening. Potential Options On February 6, 2012, Commission directed Administration that future segments of the beachwalk should be elevated in order to have an ocean view. On May 20, 2013 the City Commission held a Special Meeting to discuss the Boardwalk/Beachwalk issue. At the meeting Staff identified four potential alternatives for the boardwalk, including the option ultimately approved by Commission to apply to DEP for construction of a raised beachwalk. Note that the general figure that has been quoted for removal of the boardwalk and construction of the at-grade beachwalk is approximately $1,000 per linear foot of beachwalk. A group of residents that support the Boardwalk have come forward and suggested that the portion of the Boardwalk behind the Seville be replaced by an at grade wooden walk. Several issues are posed by this approach. It does not address the lack of view objections that were raised. Significant maintenance and replacement costs will result from at grade wood in a Beach environment. Warping and separation of the wood can also create ADA compliance issues as well as challenge bikers and strollers. Use of a high grade composite wood will not be as soft a substance for walkers. PLANNING ANALYSIS As mentioned above, several development projects have been approved with requirements for removal of portions of the existing boardwalk and its replacement with an at-grade beachwalk. The pending status of these projects is given below. 2301 Collins Avenue, Perry/One Hotel 2901 Collins Avenue, Seville/Edition Hotel 3301 Collins Avenue, Saxony Hotel 3425 Collins Avenue, Versailles Hotel 3651 Collins Avenue, Ocean Grande 4101 Collins Avenue, Crown 4441 Collins Avenue, Fontainebleau Hotel 4585 Collins Avenue, Eden Roc Hotel Imminent Permit approval pending City Imminent Permit approval pending City Imminent Permit approval pending City Imminent Permit approval pending City Monetary amount to beachwalk only. Not started; may be modified. Boardwalk exists, not yet permitted for demo. Boardwalk demo'd; beachwalk being installed As was presented at the May 20, 2013 meeting, staff believes we need to take a holistic approach to this issue, not piecemeal. Towards that end, we reiterate the proposal presented last time: From 24th Street (starting just north of the Gansevoort/Perry, at Riviera Tower Condo) to 29th Street Uust south of the Seville, ending at the Triton Towers Condo) the City could keep the wooden boardwalk if desired, and still maintain connectivity, as there is roadway, Miami Beach Drive, which is parallel and contiguous to this section of Boardwalk. Bicycle traffic (Atlantic Greenway Network) could be fairly easily routed from the end of the paved beachwalk at 24th Street over to Miami Beach Drive. The wooden boardwalk can be retained between 24th and 29th. This area is overwhelmingly Condo apartments, and the City would be able to accommodate some of the residents in this area that like the wooden Boardwalk. It would be a five block stretch of undisturbed elevated wooden boardwalk that they can walk on, see the ocean, etc. Memo to Commission -Resolution Adopting Settlement Agreement-Seville v. CMB June 5, 2013 Page 5 of5 For those projects from 29 1h Street (Seville) north to 361h Street (the Versailles project), it must be noted that staff is greatly concerned about the legal situation the City may find itself in if the policies governing the Beachwalk project are suddenly reversed. The Seville, Saxony and Versailles projects are all pending approval for their projects in the very near future, and will be delayed significantly if plans need to be revised to reverse policy and scrap the installation of a beachwalk and the retention of the boardwalk. Staff recommends allowing the beachwalk to proceed in this stretch, in order to avoid the prospect of litigation with these pending projects, and with the knowledge that this area is primarily hotels and not residential apartments. North of 36th Street, the Ocean Grande project has proffered a monetary contribution to the Beachwalk project, but no construction is required. Farther north, the Fontainebleau has also proffered a monetary contribution, but no action on this proffer is imminent. In contrast, the Eden Roc has already commenced the demolition of the Boardwalk behind their property and the parkin~ lot to the north. The proposal, therefore, would be to retain the Boardwalk from 36th Street to 4t Street for the foreseeable future. This plan may require additional modifications; however, Planning Department staff believes that it represents a fair compromise. It would permit the group of residents between 24th and 29th to have their existing wooden boardwalk remain, it would maintain the bicycle connectivity required to implement the City's long term mobility vision, it would permit the hotel projects to move forward without requiring major redesigns or sparking litigation, it keeps at least fairly large segments of each facility without piecemealing it too much, and it would permit us the time to design a more raised beachwalk that could accommodate walking and biking with a view of the ocean, if possible. THE SETTLEMENT AGREEMENT The Agreement between the Seville and the City allows the Seville to proceed to partially demolish the boardwalk, between 291h and 30th Streets, based upon their need to continue construction in the rear of their property, as contemplated by their phasing plan. As a precondition of the permit, they have agreed to provide an ADA compliant MOT from the time of demolition until the beachwalk construction is completed rejoining the north-south boardwalk-beachwalk connection. The Seville has agreed to address the issues of concern raised to the City Commission by users of the boardwalk, namely to maintain a view to the ocean, and to attempt to provide a more user friendly surface, by submitting amended applications to the Florida Department of Environmental Protection ("DEP"). The applications would seek to raise the elevation of this segment of the beachwalk approximately one to two feet, to provide a view to the ocean, and to have the DEP consider alternate surfaces for the beachwalk, including wood and a jogger friendly surface. The Seville proposes that it pursue the alternate permitting until December 1, 2013, and accounting for a one week grace period for imminent action by the DEP, after which it would be allowed to construct the beachwalk according to its present proposed plans. CONCLUSION The City Manager and City Attorney recommend the adoption of the resolution approving the settlement agreement. JLM/JS/~!!tRGL T:\AGENDA\2013\June 5\Seville settlement agreement memo 6-5-13.docx RESOLUTION NO. ___ _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A SETTLEMENT AGREEMENT BETWEEN SEVILLE ACQUISITION, LLC, AND THE CITY OF MIAMI BEACH, CONCERNING THE PARTIAL DEMOLITION OF THE BOARDWALK AND THE CONSTRUCTION OF A BEACHWALK BEHIND THE MARRIOTT EDITION HOTEL AT 29TH STREET AND COLLINS AVENUE, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE SETTLEMENT AGREEMENT, AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE SUCH ACTIONS AS MAY BE NECESSARY TO CARRY OUT THE INTENT HEREOF. WHEREAS, replacement of the wooden boardwalk and construction of an at-grade paver beachwalk east of the Erosion Control Line on the State-owned beach west of the dune has been a policy of the City for at least the last decade, an adopted policy of the City's Comprehensive Plan, and of the Atlantic Greenway Network, and a goal of the Administration and City Land Use Boards as part of their review of abutting projects; and WHEREAS, the policy has been predicated upon the notion that the wooden boardwalk has a limited life span, and that while the State would allow repairs, it would not allow expansion or replacement, and given the opportunities provided by private development abutting the boardwalk for its replacement, the City pursued private participation in the replacement effort; and WHEREAS, the design and degradation of the boardwalk contributed to personal injuries to users, and undesirable use by criminals, the homeless and feral cats; and WHEREAS, the Seville has proffered the construction of the at-grade paver beachwalk between 29 1h and 30 1h Streets as part of its reconstruction, renovation and restoration of the historic Seville Hotel at 29 1h Street and Collins Avenue; and WHEREAS, the City has approved such construction through Planning Board, Historic Preservation Board, and Board of Adjustment orders; and WHEREAS, the Seville has adopted a construction phasing plan that requires access through the site where the boardwalk is presently located, and therefore is concerned about the timing of its commencement of the demolition of the boardwalk; and WHEREAS, the City Commission has expressed concerns about the demolition of the boardwalk, following numerous citizen complaints; and WHEREAS, the City Commission has requested clarification of the State policy regarding repair, expansion and replacement of the boardwalk, though such clarification has resulted in a delay of issuance of approvals to commence demolition to the Seville; and WHEREAS, the Seville has also been requested to submit additional material to supplement its plans for demolition and construction, including an ADA compliant means of travel ("MOT") to ensure public access between the boardwalk north and south of the demolition and construction areas, and such MOT is still in discussion between the Seville and City staff and has either not as yet been submitted, or if submitted, is under review or has just been approved; and WHEREAS, the parties have been drafting and negotiating a Settlement Agreement to permit the Seville to proceed with the demolition of the boardwalk to accomplish its phasing plan, but to allow time to investigate alternatives for construction of the beachwalk to be pursued so that solutions to the concerns and complaints discussed above can be explored, and have presented that Settlement Agreement to the City Commission for consideration; and WHEREAS, this settlement, without admitting liability, allows the parties to protect their respective interests and concerns while moving forward based on the expectations and needs of all persons and entities concerned; and WHEREAS, for the foregoing reasons, among others, the City Attorney and City Manager recommend that the City Commission approve the settlement, authorizing the Mayor and City Clerk to execute the Settlement Agreement, subject to such further minor modifications as may be necessary for the best interests of the City that are acceptable to the City Manager and the City Attorney, and to authorize the City Manager and the City Attorney to take such further actions as may be necessary to accomplish the intent hereof. 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 approve the Settlement Agreement with Seville Acquisition, LLC, and authorizing the Mayor and City Clerk to execute the Settlement Agreement in such final form as the City Manager and City Attorney approve, and authorizing the City Manager and City Attorney to take such further actions as may be necessary to accomplish the intent hereof. PASSED and ADOPTED this __ day of _______ , 2013. 2 PASSED and ADOPTED this __ day of _______ , 2013. ATTEST: CITY CLERK T:\AGENDA\2013\June 5\Sevi!!e Settlement Agreement reso.docx 3 MAYOR APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION r-LJ." ~ R7 ~ Resolutions R7E A Resolution Consenting To And Confirming The Appointment Of David Martinez As The Acting Director Of The Office Of Capital Improvement Projects For The City Of Miami Beach. (Human Resources) (Memorandum to be Submitted in Supplemental) Agenda Item R7 E Date (:;,-S"-13 THIS PAGE INTENTIONALLY LEFT BLANK JOSE SMITH, CITY ATTORNEY OFFICE OF THE CITY ATTORNEY COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower Members of the City Commission CC: Jimmy Morales, City Manager FROM: Jose Smith, City Attorn DATE: June 5, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS MAY 20, 2013 MEETING REGARDING HOUSEKEEPING AMENDMENTS TO CHAPTER 38 OF THE CITY CODE CONCERNING EARLY VOTING, ACCEPTANCE OF RUN-OFF ELECTION RETURNS, AND PETITIONS. Pursuant to the request of the City Attorney, the City Commission referred proposed housekeeping amendments to Chapter 38 of the City Code, entitled "Elections," to the Neighborhood/Community Affairs Committee. At its May 20, 2013 meeting, the Neighborhood/Community Affairs Committee considered and unanimously recommended that the proposed amendments, which concern early voting procedures, the acceptance of election returns, and petitions, be submitted to the City Commission for its consideration. Therefore, pursuant to Section 2-13(b) of the City Code, the above- referenced Resolution is submitted for consideration by the Mayor and the City Commission. The Resolution accepts the May 20, 2013 recommendation of the Neighborhood/Community Affairs Committee for the City Commission to consider the proposed Ordinance. JS/DT/mmd F:\A TTO\TURN\COMMMEMO\Commission memo regarding resolution accepting recommendation of NACA re ·Chapter 38.docx Agenda Item R 7 f=- Date (o-'5"-B RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS MAY 20, 2013 MEETING REGARDING HOUSEKEEPING AMENDMENTS TO CHAPTER 38 OF THE CITY CODE CONCERNING EARLY VOTING, ACCEPTANCE OF RUN-OFF ELECTION RETURNS, AND PETITIONS. WHEREAS, at its December 12, 2012 meeting, the Miami Beach City Commission referred proposed amendments to Chapter 38 of the City Code proposed by the City Attorney's Office to the Neighborhood/Community Affairs Committee; and WHEREAS, on May 20, 2013 the Neighborhood/Community Affairs Committee considered the City Attorney's proposed amendments to Chapter 38 of the City Code which concerned housekeeping amendments regarding early voting, the acceptance of run-off election returns, and petitions; and WHEREAS, the Neighborhood/Community Affairs Committee unanimously recommended that the proposed amendments to Chapter 38 be presented to the City Commission. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Neighborhood/Community Affairs Committee to consider the proposed amendments to Chapter 38 of the Miami Beach City Code. PASSED and ADOPTED this __ day of June, 2013. ATTEST: Rafael E. Granado, City Clerk Matti Herrera Bower Mayor F:\A TTO\TURN\RESOS\Housekeeping Amendments re Early voting.docx APPROVED AS TO FORM & LANGUAGE & FOR ECUTION ~· L ... '·~ ~ COMMISSION ITEM SUMMARY Condensed Title: A Resolution accepting the recommendation of the Neighborhood/Community Affairs Committee at its April 29, 2013 Meeting to Consider an Ordinance addressing unexpected vacancies on the City's Land Use Boards, and including notice and waiting period provisions for the filling of such vacancies. Key Intended Outcome Supported: Increase satisfaction with neighborhood character. Increase satisfaction with development and growth management across the City. Process improved through information technology. Supporting Data (Surveys, Environmental Scan, etc.): Item Summary/Recommendation: Pursuant to a referral by Commissioner Deede Weithorn at the March 13, 2013 City Commission meeting, the matter of unexpected vacancies on the City's Land Use Boards was referred to the Neighborhood/Community Affairs Committee. Following a discussion at the April 29, 2013 meeting of the Neighborhood/Community Affairs Committee, an Ordinance to address unexpected vacancies on the City's Land Use Boards was unanimously recommended, and the City Attorney's Office was directed to draft an Ordinance to be considered by the City Commission on June 5, 2013 that would include notice and waiting period provisions for the filling of such vacancies. The proposed Ordinance, with the corresponding memorandum, is included herein as Item R5F. The Administration recommends approving the resolution. Advisory Board Recommendation: This item was heard on April 29, 2013 by the Neighborhood/Community Affairs Committee. The Committee unanimously directed the City Attorney's Office to draft proposed legislation for the June 5, 2013 Commission Meeting addressing such unexpected vacancies. Financial Information: Source of Amount Funds: 1 N/A D 2 3 OBPI Total - Financial Impact Summary: -· Cit Clerk's Office Le islative Trackin Rafael E. Granado I Debora Turner Si n-Offs: Department Directo~" Assistant City Manager REG T:\AGENDA\2013\June 5\Board Vacancies -summary Approve Committee Action.docx MlAMIBEACH Account City Manager AGENDA ITEM _P\~7,..::::&-:.._· _ DATE __;"~~-s-_~ '----'13_ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.rniarnibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera-Bower and Me FROM: Jimmy L. Morales, City Manager .-u---,__ __ Date: June 5, 2013 SUBJECT: A RESOLUTION OF THE MAYOR A D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS APRIL 29, 2013 MEETING TO CONSIDER AN ORDINANCE ADDRESSING UNEXPECTED VACANCIES ON THE CITY'S LAND USE BOARDS, AND INCLUDING NOTICE AND WAITING PERIOD PROVISIONS FOR THE FILLING OF SUCH VACANCIES. RECOMMENDATION Adopt the Resolution. FUNDING N/A BACKGROUND Pursuant to a referral by Commissioner Deede Weithorn at the March 13, 2013 City Commission meeting, the matter of unexpected vacancies on the City's Land Use Boards was referred to the Neighborhood/Community Affairs Committee. Following a discussion at the April 29, 2013 meeting of the Neighborhood/Community Affairs Committee, an Ordinance to address unexpected vacancies on the City's Land Use Boards was unanimously recommended, and the City Attorney's Office was directed to draft an Ordinance to be considered by the City Commission on June 5, 2013, that would include notice and waiting period provisions for the filling of such vacancies. The proposed Ordinance, with the corresponding memorandum, is included herein as item R5F. The proposed Ordinance provides that when filling special vacancies occurring prior to the end of a member's term on the Board of Adjustment, Planning Board, Design Review Board and Historic Preservation Board, the City Clerk must provide public notice of the vacancy and the Commission cannot fill the vacancy for at least ten (1 0) business days after the newspaper publication of the notice of special vacancy. The proposed Ordinance allows for the temporary filling of a special vacancy if the City Commission finds that an emergency exists. CONCLUSION The Administration requests that the Mayor and City Commission accept the recommendation of the Neighborhood/Community Affairs Committee for the City Commission to consider an Ordinance to address unexpected vacancies on the City's Land Use Boards. T:\AGENDA\2013\June 5\Board Vacancies Approve Committee Action-memo.doc RESOLUTION NO.------ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS APRIL 29, 2013 MEETING TO CONSIDER AN ORDINANCE ADDRESSING UNEXPECTED VACANCIES ON THE CITY'S LAND USE BOARDS, AND INCLUDING NOTICE AND WAITING PERIOD PROVISIONS FOR THE FILLING OF SUCH VACANCIES. WHEREAS, pursuant to a referral by Commissioner Deede Weithorn at the March 13, 2013 City Commission meeting, the matter of unexpected vacancies on the City's land use Boards was referred to the Neighborhood/Community Affairs Committee; and WHEREAS, following a discussion at the April 29, 2013 meeting of the Neighborhood/Community Affairs Committee, an ordinance to address unexpected vacancies on the City's land use Boards was unanimously recommended and the City Attorney's Office was directed to draft an ordinance to be considered by the City Commission that would include notice and waiting period provisions for the filling of such vacancies. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Neighborhood/Community Affairs Committee for the City Commission to consider an ordinance to address unexpected vacancies on the City's land use Boards. PASSED and ADOPTED this ___ day of June, 2013. ATTEST: Rafael E. Granado, City Clerk Matti Herrera Bower Mayor APPROV!-::: D J\S TO FOH 8:1/' &FOR /// """'"'..,_,..-"'---"""" (1/ \. F:\A TTO\TURN\RESOS\NCAC recommendationSpecial Vacancies.docx THIS PAGE INTENTIONALLY LEFT BLANK R9 NEW BUSINESS AND COMMISSION REQUESTS City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, ~.miamibe_g.clJ£L.gm: OFFICE OF THE CITY CLERK, Rafael Granado, City Clerk Tel: (305) 673-7 411, Fax: (305) 673-7254 Email CityCierk@miamibeach.gov COMMISSION MEMORANDUM To: From: Date: Subject: Mayor Matti Herrera Bower and Me Jimmy L. Morales, Cily Manager June 05, 2013 BOARD AND COMMITTEES ADMINISTRATION RECOMMENDATION: That appointments be made as indicated. ANALYSIS: bers of the ~mission Attached are the applicants that have filed with the City Clerk's Office for Board and Committee appointments. VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE Affordable Housing Advisory Committee Bicycle-Pedestrian Facilities Advisory Committee Committee for Quality Education in MB Debarment Committee 11 7 15 7 City Commission 2 Page 2 Commissioner Deede Weithorn Page 6 Commissioner Ed Tobin Commissioner Jonah M. Wolfson Commissioner Jorge Exposito Commissioner Michael Gongora Page 12 Commissioner Jorge Exposito Page 19 Mayor Matti Herrera Bower We are .;ommitted to providing exc;llent public service and safety to all who live, work and play in ot Agenda Item R9 A- Date t, -5~t3 VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE Design Review Board Disability Access Committee Golf Advisory Committee Health Advisory Committee Miami Beach Commission For Women Miami Beach Cultural Arts Council Parks and Recreational Facilities Board Personnel Board Police Citizens Relations Committee Production Industry Council Safety Committee 7 City Commission 14 12 11 21 11 10 10 17 7 14 Commissioner Jonah M. Wolfson Commissioner Michael Gongora City Commission Commissioner Deede Weithorn Commissioner Ed Tobin City Commission Commissioner Jerry Ubbin City Commission Commissioner Michael Gongora Mayor Matti Herrera Bower Commissioner Jorge Exposito Mayor Matti Herrera Bower Page 20 Page 22 Page 26 Page 27 Page 36 Page 37 Page 43 3 Page 44 Page 47 Page 49 Page 50 VACANCIES BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE Single Family Residential Review 3 Jimmy Morales, City Manager 3 Page 51 Panel Waterfront Protection Committee 10 Commissioner Deede Weithorn 1 Page 58 Attached is breakdown by Commissioner or City Commission: .. ,. .. · ...... Board and Committees Current Members Ad Hoc Charter Review and Revision Board 2012-28072 Composition: Pursuant to Miami Beach City Charter Section 8.01, the Charter shall be reviewed ten (10) years from November 3, 1993 and each tenth year thereafter. The board to be compsed of seven (7) members who shall be a direct appointment of the individual City Commissioners and the Mayor, and whose term 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 propposed amendments to the City's Charter. City Liaison: Rafael E. Granado Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Aaron Peri)' 1/1/2014 Commissioner Jerry Libbin Alex Fernandez 1/1/2014 Commissioner Deede Weithorn Jacqueline Lalonde 1/1/2014 Commissioner Michael Gongora Richard Preira 1/1/2014 Commissioner Jonah M. Wolfson Richard (Rick) Kendle 1/1/2014 Commissioner Ed Tobin Scott Diffenderfer 1/1/2014 Commissioner Jorge Exposito Stephen Zack 1/1/2014 Mayor Matti Herrera Bower 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 Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http://miamibeachfl.gov/cityclerk/scroll.aspx?id=72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archive" link; thereafter choose the first listed Commission meeting, and click on City Commission At-Large Nominations. City Liaison: Richard Bowman Vacancy: Members: Name Amy Arian Charles To replace (6) Not for Profit Stephanie Berman To replace Robert (1) Res. Home Bldg. Sa land Last Name Perry Adorno Urstadt Position/Title (11) Rep. Essential Serv. (9) Res. Juris Local Govt (8) Local Plann. Bd. 12/31/2014 City Commission 12/31/2014 City Commission Term Ends: Appointed by: 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2014 City Commission Term Limit: 12/31/17 12/31/17 12/31/17 Board and Committees Current Members David Smith Guy Simani Jeremy Glazer Juan Rojas Mark Wahl Muayad Abbas Applicants Andrew Fischer Britta Hanson Gotlinsky Barbara Karen Fryd Prakash Kumar Friday, May 17, 2013 (3) Rep. Labor Home Bid. (10) Rep. Empl. With/Juris. (4) Low-Income Adv (2) Banking/Mortgage (7) Real Estate Prof. (5) For Profit Position/Title 12/31/2014 City Commission 12/31/14 12/31/2013 City Commission 12/31/17 12/31/2013 City Commission 12/31/17 12/31/2014 City Commission 12/31/16 12/31/2013 City Commission 12/31/17 12/31/2014 City Commission 12/31/17 Applicants Position/Title ---··~-·----· .. ···---····-·-""'_"_ Barbara Gotlinsky Dr. Barry Ragone Julio Lora Marie Towers Ryan Homan 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 Clerk's Note: Please see the "Agenda-Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives is located on the website at http://miamibeachfl.gov/cityclerkjscroll.aspx?=72497. Alternatively, the Release can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CITY MEmNGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter choose the first listed Commission meeting, and click on City Commission At-Large Nominations. City Liaison : Dennis Leyva Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: _,_. _ _, _______ ,,. James Lloyd 12/31/2014 City Commission 12/31/16 Janda Wetherington 12/3112014 City Commission 12/31116 Lisa Austin 12131/2013 City Commission 12131117 Lisette Olemberg-1213112013 City Commission 12131114 Goldstein Megan Riley 12/3112014 City Commission 12131116 Patricia Fuller 12/31/2013 City Commission 02/31118 Susan Caraballo 12/31/2014 City Commission 02131118 Applicants Positionffitle Applicants Position/Title Adrian Gonzalez Ana Cordero Annette Fromm Antoinette Zel Christina LaBuzetta Cindy Brown Claire Warren Cyn Zarco Dale Stine David Lombardi Elizabeth Schwartz Emma DeAibear Francis Trullenque Jonathan Porcelli Kathleen Kowall Leslie Tobin Lisa Austin Maria Rodriguez Mark Alhadeff Merri Mann Michelle Ricci Molly Leis Nicole Doswell Rosemarie Murillo Likens Silvia Ros Zoila Datorre '~-1!' ~~,·=·,,._;-~""'"'··"" ~-~"'~"'"'·~~;~w""'' ""''""':; ,w·w,;'"'':--"'•-, ·;t·'~ . .,,... <./.<( • """h"''·'""'" -'""'"'"A'l<'».l,1•'''"""-'"'~~"'""'' "'·~, •• .,,,.,.,. ,n'" Friday, May Ji, 2013 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 Last Name Position/Title Term Ends: Appointed by: Term Limit: ---~---·-' Daniel Nixon 12/31/2013 Commissioner Deede We'1thorn 12/31/15 Lidia Resnick 12/31/2013 Commissioner Michael Gongora 12/31/17 Lucero Levy 12/31/2013 Commissioner Jorge Exposito 12/31/17 Maria Koller 12/31/2014 Commissioner Jonah M. Wolfson 12/31/15 Moni Cohen 12/31/2014 Commissioner Jerry Libbin 12/31/18 Silvia Rotbart 12/31/2014 Mayor Matti Herrera Bower 12/31/14 Terry Blechman 12/31/2013 Commissioner Ed Tobin 12/31/18 Ex-officio Chair of Mayor Ad-Hoc Garden Center Applicants Amy Rabin Christopher Todd Daniel Novela Dina Dissen Flavia Lowenstein-Eiortegui Kay Coulter Marina Novaes Michelle Ricci Peter Vallis Steven Gonzalez Friday, Position/Title Applicants Ana Cordero Cindy Brown Darin Feldman Dr. Corey Narson Francinelee Hand Lily Furst Marivi Iglesias Mitchell Korus Rabbi Daniel Sherbill Tiva Leser Position/Title Board and Committees Current Members Bicycle-Pedestrian Facilities Advisory Committee 2013-3793 Composition: The purpose of the Bicycle-Pedestrian Facilities Advisory Committee is to improve the lives of residents and visitors by promoting the development, sound management, and use of public facilities dedicated to bicycles and pedestrians 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 bicycle and pedestrian facilities to the City Commission for such action as the City Commisison may deem appropriate. The Committee shall be composed of seven (7) members, each of whom shall be a voting member who has demonstrated a high degree of interest, participation, and/or expertise in matters relating to facilities for bicycles and pedestrians in the City. The Mayor and City Commissioners shall each make one direct appointment to the committee. City Liaison: Jose Gonzalez Vacancy: Members: Name Ada Colby Frederick Charles Last Name Llerandi Reese Sake Position/Title 12/31/2013 Commissioner Jonah M. Wolfson 12/31/2014 Commissioner Jorge Exposito 12/31/2013 Commissioner Ed Tobin 12/31/2014 Commissioner Deede Weithorn Term Ends: Appointed by: Term Limit: 12/31/2013 12/31/2013 12/31/2014 Mayor Matti Herrera Bower 12/31/20 Commissioner Michael Gongora 12/31/20 Commissioner Jerry Libbin 12/31120 ·----------------·------··-·--·---.. ··------------·-------·-·--·--·-... --- ""''' •"<o,• '-'-'%-''•<-~ ,• '> • Thursday, May 23, 2013 Page 6 of 59 Board and Committees Current Members Board of Adjustment Composition: Two (2) year term. Appointed by a 5/7th vote. RSA 1-2 Sec 118- 1"l1 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 appointed 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. Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives is located on the website at http:/ /m iamibeachfl.gov I cityclerk/scroll.aspx?= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under CITY MEmNGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter choose the first listed Commission Meeting, and click on City Commission At-Large Nominations. City Liaison: Antonieta Stohl Members: Name Last Name '----·-----··---~-~--- Bryan Rosenfeld Elsa Urquiza Joy Malakoff Lior Leser Noah Fox Richard Preira Sherry Roberts Alexander Annunziato Avi Ciment Dov Konetz Gary Twist Jessica Conn Position/Title CPA At-Large At-Large Fin. Cons. TL 12/31/13 Real Estate Developer Law Gen. Business TL 12/31/13 Position/Title Term Ends: Appointed by: Term Limit: ·----· ·---------------~- 12/3112013 City Commission 12/31/15 12/31/2013 City Commission 12/31117 12/31/2014 City Commission 12/31/16 12/31/2013 City Commission 12/31/13 12/31/2014 City Commission 12/31/18 12/31/2014 City Commission 12/31/16 12/31/2013 City Commission 12/31/13 Applicants Anthony Atala Brian Ehrlich Gabriel Paez Guy Simani Jonathan Beloff Position/Title '* ,,-,.,,~A'-"~ .,., :r, """-'"-"C<'•,>-,...,. -~'--"'"•1/• ."''>-Yo't'-"'1'• 7 of 59 (Continued. ... Board and Committees Current Members Josh Gimelstein Micky Ross Steinberg Robert Newman Scott Needelman Friday, May 17,2013 Michael Bernstein Muayad Abbas Roberta Gould 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. Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing currnet information about which applicants have actually been nominated. The Agenda-Agenda Archives website is located at http://miamibeachfl.gov/cityclerk/scroll.aspx?id=72497 Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter choose the first listed Commission meeting 1 and click on City Commission At-Large Nominations. 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 John Bowes Lance Richardson Noah Fox Regina Suarez Position/Title Financial Adv. C. P. A. Position/Title Term Ends: Appointed by: Term Limit: 12/31/2013 Commissioner Jorge Exposito 12/31/16 12/31/2014 Commissioner Deede Weithorn 12/31/18 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15 12/31/2013 12/31/2014 12/31/2014 12/31/2013 12/31/2014 12/31/2014 Applicants Dwight Kraai Gerhard Rima Jared Plitt John Gardiner Lisa Ware Mayor Matti Herrera Bower City Commission Commissioner Jerry Libbin Commissioner Michael Gongora City Commission Commissioner Ed Tobin Position/Title Oliver Oberhauser Rima Gerhard 12/31/15 12/31/16 12/31/16 12/31/17 12/31/14 12/31/16 Board and Contntittees 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. Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives is located at http://miamibeachfl.gov/cityclerkjscroll.aspx?=72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Fernando Vazquez Members: Name Last Name Brian Ehrlich Cheryl Jacobs Christina Cuervo Dwight Kraai Elizabeth Camargo Position/Title (C3) Developer (C4) At-large (C5) Developer TL 12/31/13 (2) Engineer TL 12/31/13 (C2) Architect TL 12/31/13 Term Ends: Appointed by: 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2013 City Commission flW~~'''"~""''"~,,-,,--,,~,~~>>~> Term Limit: 12/31/14 12/31/18 12/31/13 12/31/13 12/31/13 Board and Committees Current Members Robert Saul Stacy Tony Applicants Rabinowitz Gross Kilroy Trujillo Annsheila Turkel Christian Folland Dominique Bailleul Harold Foster Jacobs Jacobs Josh Gimelstein Rima Gerhard (C5) Engineer (1) Mayor Designee (C3) Const!G/ Cont.TL 12/1 (C4) Cap.Budg/Finance Position/Title 12/31/2014 City Commission 12/31/2013 Mayor Matti Herrera Bower 12131/2014 City Commission 12/31/2014 City Commission Applicants Anthony Atala Daniel Manichello Gerhard Rima lvette Isabel Borrello James Lloyd Michael Laas Position/Title 12/31/17 12/31/15 12/31/13 12/31/16 Board and Committees Current Mentbers 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 K-8 Center South Pointe Elementary, Nautilus Middle School, Miami Beach High School, Ruth K. Broad K-8 Center 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: Dr. Leslie Rosenfeld Vacancy: To replace Tiffany Heckler 12/31/2014 Commissioner Michael Gongora Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: --------······---··· Beverly Heller 1213112014 lvette Isabel Borrello 12131/2013 Karen Rivo 1213112013 Kay Coulter TL 12131113 12/3112013 Keren Bajaroff 1213112014 Sheila Duffy-Lehrman 1213112014 Christy Farhat Dr. Leslie Rosenfeld Elisa Leone Heidi Tandy Ivette Birba Jill Swartz Lisa Simon Matti Herrera-Bower Rebeka Cohen Sofia Emuriel Rep. of the PTA South Pointe Elementary -6/30/13 ACM/City Manager designee 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 K-8 6/30/13 Rep. of the PTA for MB Sr. High School-06/30/14 Rep. PTA for Ruth K. Broad K-8 6/30/13 City Commission designee Rep. of the PTA North Beach Elem. School-6/30/13 Rep. of PTA for Treasure Island Elem. 06/30/13 Mayor Matti Herrera Bower 12131116 Commissioner Jonah M. Wolfson 12131117 Commissioner Deede Weithorn 12131115 Commissioner Jerry Libbin 12131113 Commissioner Ed Tobin 12/31115 Commissioner Jorge Exposito 12/31117 Board and Committees Current Members Vacant City Commission designee Applicants Position/Title Applicants --------····------------·--·----------------------- Aida EI-Matari Elaine Litvak Judith Berson-Levinson Kristen Rosen Gonzalez Laurie Kaye Davis Maria Cifuentes Marrero Marjorie York Robert Fairless David Crystal Jill Swartz Kathleen Kowal\ Laura Cullen Loren Pearson Marina Aviles Mia Glick Position/Title ·-------------·-·---- 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 Applicants Debra (Debi) Quade Emma DeAibear Kimberly Diehl Luis Iglesias-Ramirez Mitchell Korus Rocio Sullivan Rosemarie Murillo Likens .W"»"•/<?94/"'?"A,,c-;M."'>'-"'Wi"·''':-" •W.'-'·>f·,,>--·<P>/iii-~ <$<f-",· •• 'i.""e<~7.;;,, Friday, May 17,2013 Position/Title TL 12131113 Position/Title Term Ends: Appointed by: 12/3112013 Mayor Matti Herrera Bower 12/3112013 Mayor Matti Herrera Bower 12/3112013 Mayor Matti Herrera Bower Commissioner Ed Tobin Term Limit: 12131119 12/31119 12/31114 12131116 1213112014 12/3112013 1213112014 12/31/2014 1213112014 1213112013 Commissioner Jorge Exposito 12/31117 Commissioner Jonah M. Wolfson 12/31113 Commissioner Jerry Ubbin 12/31/16 Commissioner Michael Gongora 12131119 Commissioner Deede Weithorn 12131/17 Applicants Eda Valero·Figueira Helen Swartz Leah Rey Melissa Mokha Muayad Abbas Rosalie Pincus Stephanie Berman Position/Ti tie 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. 2-190.11 o 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 Members: Name Last Name Adam Greenberg Andrew Fuller Christina LaBuzetta Dona Zemo Dorian Nicholson Harvey Burstein James Weingarten Karen Fryd Marina Aviles Mark Hayes Mark Balzli Michael Bernstein Natalie Koller Zachary Cohen Applicants Alejandro Dominguez Bruce Klaiber Derrek Steele Jean Fils Jeffrey Graff Kay Coulter Michael Rotbart Russell Hartstein Steve Berke Position/Title Citywide Target Area Position/Title Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Deede Weithorn 12/31/19 12/31/2013 Commissioner Jerry Ubbin 12/31/20 12/31/2014 Commissioner Jonah M. Wolfson 12/31/19 12/31/2014 Mayor Matti Herrera Bower 12/31/17 12/31/2014 Commissioner Deede Weithorn 12/31/20 12/31/2013 Commissioner Ed Tobin 12/31/14 12/31/2014 Commissioner Ed Tobin 12/31/18 12/31/2013 Mayor Matti Herrera Bower 12/31/17 12/31/2013 Commissioner Jorge Exposito 12/31/20 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15 12/31/2013 Commissioner Michael Gongora 12/31/2014 Commissioner Jerry Libbin 12/31/2014 Commissioner Jorge Exposito 12/31/2013 Commissioner Michael Gongora Applicants Arian Adorno Christina Nicodemou Dr. Barry Ragone Jeffrey Feldman Juan Rojas Mark Wohl Natalie Koller Sarah Johnston Position/Title 12/31/20 12/31/16 12/31/20 12/31/19 Board and Committees Current Members Community Relations Board Sec. 2-190.11 Composition: The board shall consist of seventeen (17) members. Eleven (11) members shall! 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 Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: -----· ~"·-·--·-----·----·---~~~--··-~----- Adam Andres Barbara Brad Darin Debra Laurie Kaye Rabbi Solomon Robert Seth Lisa Ware Maria Ruiz Marjorie York Patty Hernandez Applicants Kravitz 12/31/2013 As ion 12/31/2014 Montero 12131/2014 Fleet TL 12/31/13 12/31/2013 Feldman 12131/2013 Schwartz 12131/2014 Davis TL 12131113 1213112014 Schiff 12131/2013 Sena 12/3112013 Feuer 12/31/2014 ex-officio Police Chief Designee ex-officio of Police Citizens Relations Committee ex-officio of Miami-Dade Comm. Relation Board 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 Claudia Moncarz Dale Gratz David Alschuler David Crystal Derrek Steele Eliane Soffer Irene Valines Ivan Rusilko Jacobo Epelbaum Jean Fils Commissioner Jonah M. Wolfson 12/31/19 Kathie G. Brooks, Int. City 12/31/20 Manager Commissioner Jorge Exposito 12/31/15 Commissioner Deede Weithorn 12/31/13 Kathie G. Brooks, Int. City 12/31/19 Manager Commissioner Ed Tobin 12131/15 Kathie G. Brooks, Int. City 12131/13 Manager Mayor Matti Herrera Bower 12/31/15 Commissioner Michael Gongora 12131/19 Commissioner Jerry Libbin 12/31120 Position/Title Board and Committees Current Members Lori Gold Maria Zayas-Bazan Mia Glick Sofia Emuriel Friday, May 17,2013 Luis Herrera Mark Balzli Peter Vallis Troy Fabien 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: 12/31/2014 Commissioner Jorge Exposito 12/31/19 Alan Elizabeth Joshua Leon Roger Stuart Tim Lips Resnick Wallack Manne Abramson Blumberg Nardi 12/31/2013 Commissioner Jonah M. Wolfson 12/31/20 Bob Balsam Ita Moriarty Stephanie Ruiz Vacant Applicants Barbara Gotlinsky David Lombardi Gabrielle Redfern Gotlinsky Barbara Mark Wahl Michael Steffens Robert Newman Friday, May 17, 2013 TL 12/31/13 ex-off. Global Spectrum Adm Rep. ex-officio, GMCVB Adm Rep 12/31/2014 12/31/2013 12/31/2014 12/31/2013 12/31/2013 Commissioner Ed Tobin Commissioner Jerry Libbin Commissioner Michael Gongora Mayor Matti Herrera Bower Commissioner Deede Weithorn ex·officio, Chairperson Bd. Of Dir. MBCC ex-officio member of the City Manager's Office Position/Title Applicants Barbara (Bunny) Patchen Eric Lawrence Gayle Durham Liliam Lopez Michael Rotbart Natalie Koller Rocio Sullivan Position/Title 12/31/19 12/31113 12/31116 12/31/15 12/31/17 Board and Contmittees 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: Alex Denis Vacancy: Members: Name Anthony Antonio Darius Dr. Ronald Joseph Applicants To replace Stephen Zack To replace Melvyn Schlesser Last Name Position/Title Broad Hernandez Jr. Asly Shane Hagen Position/Title Brian Richard Lance Richardson Zachary Cohen 12/31/2014 Mayor Matti Herrera Bower 12/31/2014 Commissioner Jorge Exposito Term Ends: Appointed by: Term Limit: Commissioner Ed Tobin 12131116 12/3112014 12131/2014 Commissioner Michael Gongora 12131118 12/3112013 Commissioner Deede Weithorn 12/31117 1213112013 Commissioner Jerry Libbin 12131117 12131/2013 Commissioner Jonah M. Wolfson 12131/15 Applicants John Bowes Michael Perlmutter Position/Title Board and Comntittees 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. Please see the "Agenda -Agenda Archives" for the continously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives is located on the website at http://miamibeachfl.gov/cityclerk/scroll.aspx?id=72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Thomas Mooney Vacancy: Members: Name To replace Lilia Medina Last Name ·---·-·-~------ Housen Hagopian Tobin Minagori Nepomechie Urban Planner 12/31/2014 City Commission Position/Title Term Ends: Appointed by: ··--·----~----- At-large 12/31/2014 City Commission Registered Architect 12/31/2013 City Commission Registered Architect 12/31/2013 City Commission At-large 12/31/2013 City Commission Architect 12/31/2014 City Commission Carol Jason Leslie Manuel Marilys Seraj Saba Lands. Arch. TL 12/31/13 12/31/2013 City Commission Gary Held advisory/City Attorney Designee "'<o.·'W><~• "';';~-/-.-"'~' 0/;>.•, 7" •. ~,.,-o-"(.;-1·""''l<'0v.,•:><..w.>-> 1-">'>'>""··M;<::V '\.¥4 ~..-,;-""'· >J.."'.• •'P'6.>;¥>V,,.,, '"-"'"-dV.,.-,·'>"""<.< <>'"0'~./~1," J.!'>'<~<Y.-f.">>;u.<-~:t'"'l'<;..)-O,Cv• """" -.', Friday, May 17,2013 Term Limit: 12/31/16 12/31/15 12/31/16 12/31/17 12/31/17 12/31/13 Board and Committees Current Members Richard Lorber Vacant advisory 1 Acting Planning Director ex-officio/Disability Access Committee Applicants Alexander Annunziato Brian Ehrlich Elizabeth Camargo Francis Steffens Jean-Francais Lejeune Jessica Conn Ryan Homan Seth Wasserman Position/Title Applicants Andres Asion Cyn Zarco Elsa Urquiza Gary Twist Jeffrey Cohen John Stuart Sarah Johnston Terry Bienstock Position/Title Board and Contmittees 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 1 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 Ordinance 2.012-3757 amended Sec. 2.-31(0) to increase the number of members from seven(7) to fourteen (14) and amended the quorum requirement City Liaison: Jay Fink Vacancy: Members: Name ------··--- Andrea Lisa Andrew Barbara David David Dr. Susan Helen Lawrence Lee Russell Sabrina Susana Wendy To replace John Bennet Last Name ·····--·-- Travaglia Feuerstein Gotlinsky McCauley New Solman Swartz Position/Title Fuller TL 12131/13 Weiss Hartstein Cohen Maroder-Rivera Unger 12./31/2013 Commissioner Jonah M. Wolfson Term Ends: Appointed by: Term Limit: 1213112014 Commissioner Jorge Exposito 12131/19 12/31/2014 Commissioner Jerry Libbin 12/31/19 12/31/2013 Commissioner Ed Tobin 12/31/19 12/31/2014 Commissioner Michael Gongora 12/31/20 12/31/2014 Commissioner Deede Weithorn 12/31/15 12/31/2013 Commissioner Deede Weithorn 12/31/19 12/31/2013 Commissioner Michael Gongora 12/31/18 12/31/2013 Commissioner Jerry Libbin 12/31/13 12/31/2014 Commissioner Jonah M. Wolfson 12/31/19 12/31/2013 Mayor Matti Herrera Bower 12/31/19 12/31/2014 Commissioner Ed Tobin 12131/17 12/31/2013 Commissioner Jorge Exposito 12/31/19 12/31/2014 Mayor Matti Herrera Bower 12/31/16 Board and Committees Current Members Applicants Ann Thomas Rabbi Solomon Schiff Ex-officio member Position/Title Applicants Britta Hanson Rafael Trevino Position/Title Page Board and Contmittees Current Mentbers 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 Members: Name Last Name Position/Title ~~---·-- Britta Hanson Carmen (Maria) Lopez Carrie Wiesenfeld Deborah Ruggiero Ellen Brazer Ivan Pol Judith Berson-Levinson Lizette Lopez Melissa Broad Michael McManus Michelle Ricci Nathaniel Korn Tamra Sheffman Tiva Leser Applicants Allan Hall Beverly Heller Caroline Cardenas David Lombardi Dina Dissen Elizabeth Resnick Flavia Lowenstein-Eiortegui Francis Trullenque James Weingarten Jeffrey Feldman Josephine Pampanas Marjorie O'Ne'1!1-Butler Mia Glick Nicole Doswell Seth Feuer Position/Title Term Ends: Appointed by: Term Limit: ~----··---··---------"----~------- 12/31/2013 Commissioner Jorge Exposito 12/31/19 12/31/2013 Commissioner Michael Gongora 12/31/20 12/31/2013 Mayor Matti Herrera Bower 12/31/15 12/31/2014 Commissioner Jerry Libbin 12/31/18 12/31/2014 Commissioner Jorge Exposito 12/31/17 12/31/2014 Commissioner Michael Gongora 12/31/20 12/31/2013 Commissioner Jerry Libbin 12/31/16 12/31/2013 Commissioner Deede Weithorn 12/31/20 12/31/2013 Commissioner Ed Tobin 12/31/15 12/31/2014 Mayor Matti Herrera Bower 12/31/17 12/31/2014 Commissioner Ed Tobin 12/31/20 12/3112014 Commissioner Jonah M. Wolfson 12/31/15 12/31/2014 Commissioner Deede Weithorn 12/31/15 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15 Applicants Ana Kasdin Bradley Ugent Dale Stine David McCauley Dorian Nicholson Emma DeAibear Francinelee Hand Gregory Carney Janda Wetherington Jenna Ward Liliam Lopez Merri Mann Nelida Barrios Patti Hernandez Zahara Mossman Position/Title 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 Uaison: Diana Fontani Members: Name Last Name Billy Chad Cindy Dale Daniel Edison Ivan Jorge Karen Laura Marivi Michael Nelida Thomas Willis "Chip" Applicants Brian Richard Dorian Nicholson Ivana Vento Rafael Trevino Richard Murry Steven Adkins Kemp Richter Brown Stine Spring Farrow Cano Rich a Brown Veitia Iglesias Bath Barrios Barker Arndt Jr. Position/Title -~---~ -~-"- Position/Title Term Ends: Appointed by: 12/31/2014 Mayor Matti Herrera Bower Term Limit: 12/31/16 12/31/2014 12/31/2013 12/31/2014 12/31/2013 12/31/2013 12/31/2014 12/31/2013 12/31/2013 12/31/2014 12/31/2013 12/31/2014 12/31/2014 12/31/2013 12/31/2013 Commissioner Ed Tobin 12/31/16 Commissioner Jonah M. Wolfson 12/31/19 Commissioner Michael Gongora 12/31/17 Commissioner Jorge Exposito 12/31/16 Commissioner Jerry Libbin 12/31/16 Commissioner Jonah M. Wolfson 12/31117 Mayor Matti Herrera Bower 12/31/17 Mayor Matti Herrera Bower Commissioner Jorge Exposito Commissioner Deede Weithorn Commissioner Jerry Libbin Commissioner Deede Welthorn Commissioner Michael Gongora Commissioner Ed Tobin Applicants Christopher Amisano Elizabeth Schwartz Michael Andrews Rebecca Boyce Silvia Ros Walker Burttschell Position/Title 12/31/17 12/31/16 12/31/18 12/31/17 12/31/16 12/31/16 12/31/16 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: To replace Gregory Gamey 12/31/2014 Commissioner Michael Gongora Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: Jeff Jeffrey Jenifer John Joseph Michael Kevin Smith Applicants Blumenthal Cohen Caplan Barker Conway Piazza 12/31/2014 12/31/2013 12/31/2013 12/31/2014 12/31/2013 12/31/2014 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 Commissioner Deede Weithorn 12/31/15 Commissioner Jerry Lib bin 12/31/16 Commissioner Jorge Exposito 12/31/17 Commissioner Ed Tobin 12/31/15 Mayor Matti Herrera Bower 12/31/18 Commissioner Jonah M. Wolfson 12/31/17 Position/Title ····-----··----.... , _____ .... -------· ______ .. ________ .. -----------... --···-----------· -· ......... ------------ Daniel Novela Mitchell Korus Zachary Cohen Friday, May 17,2013 Jane Hayes Robert Sena Board and Committees Current Men1bers 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 Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agend Archives website is located at http:/ /miamibeachfl.gov/cityclerk/scroll.aspx?id == 72497. Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CTIY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on the City Commission At-Large Nominations. City Liaison: Sonia Bridges Vacancy: To replace Jacobs Health Provider 12/31/2013 City Commission Baruch MD Members: Name Last Name Position/Title Term Ends: Appointed by: Term Limit: ·-------"' -----·---·-·-----"-----~------·--~-------~--"" Anthony Japour ACLF 12/31/2014 City Commission 12/31/16 Dr. Andrew Null man Physician 12/31/2014 City Commission 12/31/14 Dr. Jay Rein berg Physician 12/31/2014 City Commission 12/31/16 Dr. Stacey Kruger Physician 12/31/2014 City Commission 12/31/16 Harold Foster Privae Individual 12/31/2013 City Commission 12/31/15 Rachel Schuster ACLF 12/31/2014 City Commission 12/31/16 Shaheen Wirk Private Individual 12/31/2013 City Commission 12/31/15 Steven Sonenreich CEO/Mt. Sinai/MH (NTL) 12/31/2014 City Commission Tobi Ash Nursing Profession 12/31/2013 City Commission 12/31/15 Board and Committees Current Members Todd Narson CEO MB Community Health 12/31/2014 City Commission Julie Zaharatos Maria Ruiz Applicants Caroline Cardenas Jared Plitt Lisa Ware Rep. from the Health Council of South Fla ex-officio, Director of Children's Affairs Position/Title ----------------- Applicants Ivan Rusilko Leah Rey Michael Steffens Position/Title 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 Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives is located on the website at http:// miami beachfl.gov I city clerk/ scroll.aspx?id = 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Patricia Walker !VI embers: Name Last Name Position/Title ~--"------ Allison Stone Attorney Arthur Unger Accountant Marc Umlas Health Provider Mark Sinnreich Health Provider Sidney Goldin General Business vacant Chairperson, Health Advisory Board Applicants Miguel Antonio Aviles Rosalie Pincus Position/Title Term Ends: Appointed by: Term Limit: o•--·-,--·----·----------·. -~----·-.,-·~ 6/19/2013 City Commission FS-154-207 6/19/2016 City Commission FS 154-207 6/19/2014 City Commission FS-154-207 6/19/2015 City Commission FS 154-207 6/19/2014 City Commission FS 154-207 Applicants Rachel Schuster Shaheen Wirk Position/Title 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 Ana Cecilia Antonio Eliane Francis Ida Luz Patti Applicants Israel Sands Last Name Velasco Purrinos Soffer Trullenque Perea! Rojas Hernandez Luis Iglesias-Ramirez Rafael Trevino Position/Title -------··---·------- Positionn'itle Term Ends: Appointed by: Term Limit: 12/31/2013 Commissioner Michael Gongora 12/31118 12/31/2014 Commissioner Jonah M. Wolfson 12/31/17 1213112014 Commissioner Jorge Exposito 12/31/2013 Commissioner Ed Tobin 12/31/2014 Commissioner Jerry Libbin 12/31/2014 Mayor Matti Herrera Bower 12/3112013 Commissioner Deede Weithorn Applicants Position/Title Luis Herrera Maria Zayas-Bazan Regina Suarez 12/31117 12/31115 12/31/16 12131/19 12/31/15 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 districts for at least one year, and have demonstrated interest 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 planning, 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 preservation. 6) A member of the faculty of a school of architecture in the state of Florida, with academic expertise in the field of design and historic preservation or the history of architecture, with a preference for an individual with practical experience in architecture and the preservation of historic structures. All members of the board except the architect, engineer, landscape architect, professional practicing in the field of architectural or urban design or urban planning and university faculty member of the board shall be residents of, the city, provided, however, that the city commission may waive this requirement by a 5/?ths vote in the event a person not meeting these residency requirements is available to serve on the board and is exceptionally qualified by training and/or experience in historic preservation matters. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http ://miamibeachfLgov /cityclerk/scroiLaspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http:miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on the City Commission At-Large Nominations. City Liaison: Thomas Mooney Members: Name Last Name David Wieder Dominique Bailleul Henry Lares Herb So sa Ira Giller Jane Gross Josephine Manning Position/Title Attorney At-large Faculty Mem. TL 12/31/13 MDPL Reg. Architect Dade Heritage At-large Term Ends: Appointed by: 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2014 City Commission Term Limit: 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 Applicants Albert Mertz Andrew Fischer Elizabeth Camargo Francis Steffens Jean-Francais Lejeune John Stuart Marilys Nepomechie Morris Sunshine Friday, Jfay Position/Title Applicants Alejandro Dominguez Dona Zemo Elizabeth Pines Guy Simani Jessica Jacobs Josh Gimelstein Marina Novaes Raymond Adrian Position/Title Board and Committees Current Menzbers 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 Members: Name Last Name Emilio DeJesus Fernandez Eugenio Cabreja Michael Band Peter Chavelier Raymond Adrian Applicants Adrian Gonzalez Barbara Gotlinsky Damian Gallo Julio Lora Position/Title HA Commissioner HA Commissioner HA Commissioner HA Commissioner HA Commissioner Position/Title Term Ends: Appointed by: 10/11/2013 Mayor Matti Herrera Bower 10/11/2016 Mayor Matti Herrera Bower 10/11/2013 Mayor Matti Herrera Bower 10/11/2015 Mayor Matti Herrera Bower 1 0/11/2014 Mayor Matti Herrera Bower Term Limit: 10/11/17 10/11/18 10/11/16 10/11/19 10/11/18 Applicants Allan Hall Christian Folland Gotlinsky Barbara Prakash Kumar Position/Title Board and Comntittees 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 Last Name Position/Title Term Ends: Appointed by: Term Limit: Eric Lawrence 12131/2014 Commissioner Michael Gongora 12131/17 Jay Dermer 1213112014 Commissioner Jonah M. Wolfson 12/31118 Juan Torres 12/3112013 Mayor Matti Herrera Bower 12131115 Mana Coryell 12/31/2014 Commissioner Jorge Exposito 12/31117 Mayra Diaz Buttacavoli 1213112013 Commissioner Ed Tobin 12131/17 Michael Rotbart TL 12131113 12/31/2013 Commissioner Deede Weithorn 12131/13 Steve Zuckerman 12/31/2014 Commissioner Jerry Llbbin 12/31114 ex-officio member of the CDAC Patricia Walker ex-officio Finance director or his/her designee Applicants Allan Hail Stephanie Berman Position/Title Applicants Position/Title Lance Richardson Board and Comntittees 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 Members: Name Last Name Position/Title •w----·-·---•• Addison Christopher Daniel Joel Maurice Sash a Stephen Michael George Applicants Alex Espenkotter Elaine Roden Jonathan Beloff Paul Friedman William Cahill Sammet Todd Kipnis Aberbach Goodbeer Boulanger Bernstein ex-officio MB Marine Patrol Position/Title Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Michael Gongora 12/31/20 12/31/2013 Commissioner Jorge Exposito 12/31/14 12/31/2013 Commissioner Jonah M. Wolfson 12/31/16 12/31/2014 Mayor Matti Herrera Bower 12/31/2014 Commissioner Jerry Libbin 12/31/2013 Commissioner Ed Tobin 12/31/2014 Commissioner Deede Weithorn Applicants Christian Folland Jacobo Epelbaum Matthew Paulini Robert Glick Position/Title 12/31/20 12/31/19 12/31/18 12/31/18 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 Tiffany Lapciuc Members: Name Claudia Debra (Debi) Elsa Francinelee Gertrude Jessica Karen Kristen Laura Laura Leslie Maribel Marjorie Mercedes Nikki Regina Regina Roberta Rocio To replace Ana Kasdin Last Name Moncarz Quade Orlandini Hand Arfa Conn Edelstein Rosen Gonzalez Bruney Cullen Coller Qui ala York Carlson Weisburd Suarez Berman Gould Sullivan Position/Title (TL 12/31/13) (TL 12/31/13) (TL 12/31/13) Applicants Position/Title Annette Cannon Britta Hanson Diana Fontani Martinez Elizabeth Resnick Judith Berson-Levinson Maria Begonia Calcerrada Marjorie O'Neill-Butler Molly Leis Rebecca Boyce ""~"',W..(,,<±{»,;,~.,.-'~Nf3"""' 'l>"·o~"'~'·~·N;;;,-.--.-<.-<'~;,.·,~.*""''"w«H'<>•-., ~ •• ;,·.;v;;/AO (n><I>'<Y~....-··H ."<'A. /¥<;>".:·¥<».'0<¥<:-.-"-''" .;,o; F1·iday, May 17,2013 12/31/2013 Commissioner Deede Weithorn 12/31/2013 Commissioner Ed Tobin Term Ends: Appointed by: Term Limit: Mayor Matti Herrera Bower 12/31/17 12/31/2014 12/31/2013 12/31/2013 12/31/2013 12/31/2014 12/31/2014 12/31/2014 12/31/2014 12/31/2014 12/31/2013 12/31/2013 12/31/2014 12/31/2013 12/31/2013 12/31/2014 12/31/2014 12/31/2014 12/31/2013 12/31/2014 Commissioner Jerry Libbin 12/31/19 Commissioner Jonah M. Wolfson 12/31/13 Commissioner Jerry Libbin 12/31/16 Commissioner Ed Tobin 12/31/14 Commissioner Jonah M. Wolfson 12/31/19 Commissioner Jerry Libbin 12/31/15 Commissioner Jonah M. Wolfson 12/31/20 Commissioner Jorge Exposito 12/31/13 Commissioner Michael Gongora 12/31/19 Commissioner Deede Weithorn 12/31/15 Commissioner Jorge Exposito 12/31/16 Mayor Matti Herrera Bower 12/31/13 Commissioner Jorge Exposito 12/31/18 Commissioner Ed Tobin 12/31/15 Commissioner Michael Gongora 12/31/17 Mayor Matti Herrera Bower 12/31/17 Commissioner Deede Weithorn 12/31/15 Commissioner Michael Gongora 12/31/19 Applicants Position/Title ---------------------------------------- Barbara Morris Dale Gratz Eda Valero-Figueira Jennifer Diaz Maria Zayas-Bazan Marie Towers Merle Weiss Natalia Datorre Wendy Kallergis Board and Contmittees 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 1 2001 1 concurrent with the expiration of the terms of six (6) members of the council 1 and the resulting vacancies thereon/ three (3) members shall be appointed for three (3) year terms each 1 provided that one of those appointments shall be to fill the vacancy of the one (1) year term expiring on December 31 1 2001 1 and three (3) members shall be appointed for two (2) year terms each. Additionally/ effective December 31 1 2002 1 no council member may serve more than six (6) consecutive years. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http://miamibeachfl.gov/cityclerk/scroll.aspx?id= 72497. Alternatively/ the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CTIY MEETINGS section 1 located on the right hand side of the webpage/ click on the "Agenda -Agenda Archives" link; thereafter/ choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Gary Farmer Vacancy: To replace Ileana Bravo-Gordon Members: Name Last Name Beatrice Hornstein Charles Million Daniel Novela Ed a Valero-Figueira Gregory Melvin Isadore Have nick Marjorie O'Neill-Butler Merle Weiss Nina Duval Zoila Datorre Applicants ····------·-···· Annette Fromm Bradley Ugent Christina LaBuzetta Elizabeth Pines George Durham Jason Witrock Jenna Ward Friday, May 17,2013 Position/Title TL 12/31/13 TL 12/31/13 Position/Title 11./31/2015 City Commission Term Ends: Appointed by: 12/31/2015 City Commission 12/31/2013 City Commission 12/31/2015 City Commission 12/31/2014 City Commission 12/31/2014 City Commission 12131/2013 City Commission 12/31/2015 City Commission 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2014 City Commission Term Limit: 12/31/15 12/31/17 12/31/15 12/31/14 12/31/15 12/31/13 12/31115 12/31/17 12131/13 12/31/14 Applicants Antoinette Zel Calvin Kohli Position/Title Cyn Zarco Eugenio Cabreja Janda Wetherington Jean Fils Karlene Mcleod Board and Committees Current Members Maria Cifuentes Marrero Mark Balzli Molly Leis Monica Minagorri Nicole Doswell Patti Hernandez Steve Berke Mark Alhadeff Michael McManus Monica Harvey Nathaniel Korn Oliver Oberhauser Robert Newman Tamra Sl1effman Board and Conzmittees 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 Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http:/ /miam ibeachfl .gov I cityclerkjscroll.aspx?id:::: 72497. Alternatively, the Releases can be found by going to the City's main portal located at http:/ /miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on the City Commission At-Large Nominations. City Liaison: Ralph Granado Members: Name Alan Bradley Carlos J Dr. Barry Elizabeth Monica Rachel Rafael Walker William Applicants Last Name Fishman Ugent Ortuno Ragone Schwartz Harvey Umlas Trevino Burttschell Warren Jr. Andrea Lisa Travaglia Dr. Andrew Nullman Lori Gold Prakash Kumar Position/Title Law Position/Title Term Ends: Appointed by: Term Limit: .-o·•~----._,,,,, ____ , , ______ -""~-- 12/31/2013 City Commission 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2013 City Commission 12/31/2013 Mayor Matti Herrera Bower Applicants Christopher Amisano Ivana Vento Position/Title Luis Herrera ··----~·---- 12/31/16 12/31118 12/31/16 12/31/16 12/31/16 12/31/18 12/31/18 12/31/16 12/31/16 12/31/19 .(>cip!!<*<'".''' """"'""'''. '!;\l¢'0'\..,. .,_..,,""""'· ..<."'!•.<'~,,~.·~---~~~,.": Page 39 of 59 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 Members: Name Last Name ----·---" Annette Fromm Bruce Reich Charlotte Libov Elaine Roden Faye Goldin Gary Twist George Neary Ileana Bravo-Gordon Ivan Rusilko Jacobo Epelbaum Jenna Ward Jennifer Diaz Jessica Londono Michael McNamee Nuccio Nobel Ray Breslin Roberto DaTorre Stephanie Trinidad Wendy l<allergis Zeiven Beitchman Applicants Ada llerandi Ann Thomas Charles Million Darin Feldman Francesco Stipo Gregory Carney Josephine Pampanas Luis Iglesias· Ramirez Maria Rodriguez Friday, May 17, 2013 Position/Title Term Ends: Appointed by: Term Limit: "---·~·---·· ---~ ~--·----" "·---·----" ···--.------··-·-· other 1213112014 Mayor Matti Herrera Bower 12131119 Nahariya, Israel TL 12131113 1213112014 Mayor Matti Herrera Bower 12131113 other Basel, Switzerland other Fortaleza Brazil other Rio de Janeiro, Brazil other other Almonte, Spain Santa Marta, Colombia lea, Peru Fujisawa, Japan Cozumel, Mexico Brampton, Canada other other Pescara, Italy other Position/Title 1213112013 1213112013 1213112014 1213112014 1213112014 1213112014 12/3112013 1213112013 12/3112013 1213112014 12/31/2014 1213112013 1213112013 1213112013 1213112013 12131/2014 1213112013 1213112014 Applicants Ana Kasdin Bruce Klaiber Mayor Matti Herrera Bower Mayor Matti Herrera Bower Mayor Matti Herrera Bower Mayor Matti Herrera Bower Mayor Matti Herrera Bower Mayor Matti Herrera Bower Mayor Matti Herrera Bower Mayor Matti Herrera Bower Mayor Matti Herrera Bower Mayor Matti Herrera Bower Mayor Matti Herrera Bower Mayor Matti Herrera Bower Mayor Matti Herrera Bower Mayor Matti Herrera Bower Mayor Matti Herrera Bower Mayor Matti Herrera Bower Mayor Matti Herrera Bower Mayor Matti Herrera Bower Position/Title Claudia Moncarz Dr. Andrew Nullman Gabriel Paez Israel Sands Luis Giraldo-De Ia hoz Marcella Paz Cohen Michael Rotbart 12131120 12131117 12131118 12/31117 12131/16 12131/19 12131120 12131119 12131119 12/31119 12131117 12/31/20 12/31116 12/31116 12131/16 12/31116 12131119 12131114 ,,~,~~'~ ><'' >:'>'.l;,y,., ''"o-o·;<c,,.,; ,..,;,;;.;<'>+."""'vf.IY~':f"•t'->"•'>"/ · ,., .w~f...Jf.'w"''-~•i-#.-<'..--<>-).>c.~ ,_,.,w. Jo},'O"'-'+''~· -~'"··''-'•'i '"""'"'' ·•»,J!i.CV"-><'<-·:w•.mil' <.?>.~·<"1<.:·,-=«.,_-.. , (~,··:< Page 40 of 59 (Continued. ... Board and Committees Current Members Michael Tichacek Raymond Adrian Walter Lucero Rabbi Daniel Sherbill Tamra Sheffman Board and Comntittees 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 far 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. 97-2.2449 adopted July 2, 1997. Please see the "Agenda -Agenda Archives" for the continously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http://miamibeachfl.gov /cityclerkjscroll.aspx?id= 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEITINGS section, located on the right hand side of the webpage, click an the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Victoria Kroger Members: Name John Mark Ronald Applicants Last Name Bowes Wojak Loring Andrew Fuller Jonathan Porcelli Miguel Antonio Aviles Sofia Emuriel Position/Title Position/Title Term Ends: Appointed by: 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2014 City Commission Term Limit: 12/31/18 12/31/18 12/31/14 Applicants David Aischuler Marie Towers Monica Minagorri Tegan Eve Position/Title Board and Committees Current Members Parks and Recreational Facilities Board Composition: The board shall be comprised of ten (10) members. Seven (7) direct appointments made by the mayor and each commissioner. Sec. 2-171 The chairperson of the following boards/committees or their designees shall serve as nonvoting ex- officio members ofthe 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 Vacancy: Members: To replace Lizette Lopez 12/31/2013 Commissioner Jerry Libbin Name Last Name Position/Title Term Ends: Appointed by: Term Limit: ------·-···" --"----· ···-···--------~-------- Amy Rabin (TL 12./31/13) 12/31/2014 Mayor Matti Herrera Bower 12/31/13 Harriet Halpryn 12/31/2014 Commissioner Jonah M. Wolfson 12/31/15 Jonathan Groff 12/31/2014 Commissioner Deede Weithorn Kim Brown Eve 12/31/2013 Commissioner Michael Gongora leslie Graff 12/31/2014 Commissioner Ed Tobin Meryl Wolfson Tl12/31/13 12/31/2013 Commissioner Jorge Expostto Daniel Nixon Stephanie Rosen vacant Ex-Officio member Beauttfication Committee Ex-Officio member of the Youth Center Adv. Board Ex-Officio member of Golf Advisory Commttee Applicants Annette Cannon Dana Turken Eleanor Carney George Durham Maria Cifuentes Marrero Mark Balzli Miguel Antonio Aviles Moni Cohen Peter Vallis Walter Lucero Friday, May 17, 2013 Position/Title Applicants Christina Nicodemou Dolores Hirsh George Castillo Jason Witrock Maria Rodriguez Michael Steffens Mojdeh Khaghan Paul Stein Stefan Zachar Jr. Position/Title 12/31/17 12/31/20 12/31/15 12/31/13 Board and Conzmittees Current Members Personnel Board Sec. 2-190.66 Composition: Ten (10) members appointed by a 5/7 vote. Six (6) of which shall 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 Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http:/ /miamibeachfl.gov I cityclerkjscroll.aspx?id = 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEmNGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives!\ link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Carla Gomez Vacancy: Members: Name Gabriel Mojdeh Rosalie Christopher Diaz Evette Phillips George castell Vacant To replace David Richardson To replace David Alschuler To replace Michael Peri muter 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2013 City Commission Last Name Position/Title Term Ends: Appointed by: Paez Khaghan Pincus 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 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2013 City Commission Term Limit: 12/31/15 12/31/16 12/31/15 Applicants Position/Title Applicants Position/Title ----.·--··--··----· Elsa Orlandini Kristen Rosen Gonzalez Lori Gold ··------- Harold Foster Laurie Kaye Davis Richard Preira 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 shall 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 appointment 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 requirements is available to serve on the board and is exceptionally qualified by training and/or experience. City Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http:/ /miamibeachfl.gov/ cityclerkjscroll.aspx?id = 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEITINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Katia Hirsh. Members: Name Last Name -----·"· ··-·- Charles Urstadt Frank Kruszewski Henry Stolar Jack Johnson Jean-Francois Lejeune Jonathan Bel off Robert Wolfarth Position/Title Term Ends: Appointed by: ----··-·-·-··-----· General Business General Business Gen. Bus. TL 12/31/13 Historic Preservation Architect Attorney Developer 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2013 City Commission 12/31/2014 City Commission 12/31/2014 City Commission 12/31/2013 City Commission 12/31/2013 City Commission Term Limit: 12/31/17 12/31/18 12/31/13 12/31/18 12/31/17 12/31/15 12/31/17 Board and Committees Current Men1bers Applicants Albert Mertz Alexander Annunziato Anthony Atala Brian Ehrlich Elizabeth Camargo Gary Twist Jeffrey Cohen Joshua Wallack Marina Novaes Mario Courtney Noah Fox Ryan Homan Position/Title Applicants Alex Espenkotter Andres Asion Avi Ciment Dominique Bailleul Francis Steffens Guy Simani Jessica Conn Joy Malakoff Mark Alhadeff Muayad Abbas Robert Sena Sarah Johnston Position/Ti tie 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 Vacancy: Members: Name To replace Michael Grieco Last Name Position/Title -----------· ----.---"··-- Beverly Claire Dina Gianluca Glenda Hope Jared Jonathan Michael Mitchell Nelson Steven Walter Alex Bello R. Martinez Steve Rothstein Aberbach (TL 12/31/13) Warren Dis sen Fontani Krongold Fuller Plitt Parker Perlmutter Korus Gonzalez Oppenheimer Lucero Non-adm. Personnel of the PO Police Chief City Attorney Designee 12/31/2014 Commissioner Michael Gongora Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Jorge Exposito 12/31113 12/31/2013 Mayor Matti Herrera Bower 12/31/18 12/31/2014 Commissioner Jerry Libbin 12/31/14 12131/2014 Commissioner Jorge Exposito 12/31/18 12/31/2014 Commissioner Ed Tobin 12/31115 12/31/2013 Commissioner Jerry Libbin 12/31/16 12/3112013 Commissioner Deede Weithorn 12/31/15 12/3112013 Commissioner Jonah M. Wolfson 12/31/19 12/3112014 Commissioner Michael Gongora 12/31/20 12/3112013 Mayor Matti Herrera Bower 12/31/18 12131/2013 Commissioner Ed Tobin 12/31/15 1213112014 Commissioner Jonah M. Wolfson 12/31117 12/3112013 Commissioner Deede Weithorn 12131119 ,, 'C,!J«. "!<W.';.><•O'>~;<ff-'C"..::o«,<M·· .,_.., > /'41~"'<-i<V "*"~:wfr.':>i>'='.>..' ;-&'>,!-"' ,< /•?'"><~"{4<.:.;,'''' /d. 0U V6;1.'<'0',J,-'C, ~-.''(<.i:h-1'_,, .,,-V,N -;>.p_,f~>1~<-·,·,v.«:'j..'<{·O'«. · '''~ /;;. ,,.,. ·'''·'• >.>; {, -';1-.'l ,,,,.,_,~ 1f,~''4• >"-''-"' cr.f~>,;o;W,,"'/. ·~?·~.1"«·''"'' "-<.:-!~'>~¥ ,/, -x, .~ :•··~ •' "-'>.;>;<><'4<-~<c·.~-"""'''' ,<v,;, <W '«;··~· «-x-·>;ie·<'-"""i':'>/.."k'\'>,C,,;.,, ;,-~.,-.·;,,"'-'-"'::-",'~ Friday, May 17,2013 Page 47 of 59 (Continued .... Board and Committees Current Members Applicants Alejandro Dominguez Barbara (Bunny) Patchen Christina LaBuzetta Erik Goldman Irene Valines Jessica Jacobs Laura Cullen Maria Begonia Calcerrada Melissa Mokha Richard Preira Steven Gonzalez Position/Title Applicants Alex Espenkotter Bruce Klaiber David Crystal Eugenio Cabreja Irene Valines Kimberly Diehl Laura Marilla Marina Aviles Rachel Schuster Rosemarie Murillo Likens Tegan Eve '7<W4-'-'•7H'w:l-'!it1'.CP''"~'R~>!"•fr;<~"'-"*,..''''?.\'\'i>O';lW'WW.»<cc//>O~>r ··~ '• ,•""<'"'"!'~~-;.(";~'~!'~¢; <!.·;..<<¥_,.;,.·~,-., •• ~,.o~"V.c~>-:.•('.'1 ~'"'-"'"'··'•'>' '·''"'~'•>' > ' ,, •• ,,, '''''''''' Friday, May 17,2013 Position/Title Board and Contmittees 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 To replace Joyce Galbut Production Last Name Position/Title --" "-------- Mertz Recording Industry 12/31/2014 Mayor Matti Herrera Bower Term Ends: Appointed by: Term Limit: --------·-·~·-·-~- 12/31/2013 Commissioner Jerry Libbin 12/31/20 Albert Allee Belkys Bruce Ivan Noreen Newhoff Fashion (TL 12/31/13) 12/31/2014 Commissioner Jorge Exposito 12/31/13 Nerey Production Orosz Fashion Parron News Media Legault-Mendoza TV/Film Applicants Christina Nicodemou Karlene Mcleod Natalia Datorre Position/Title 12/31/2013 Commissioner Deede Weithorn 12/31/18 12/31/2014 Commissioner Ed Tobin 12/31/15 12/31/2014 Commissioner Michael Gongora 12/31/16 12/31/2013 Commissioner Jonah M. Wolfson 12/31/17 Applicants Irene Valines Lisa Ware Paul Friedman Position/Title 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: Sonia Bridges Vacancy: To replace Joel Aberbach To replace Baruch Sandhaus Members: Name Last Name Alfredo Rey Barbara Gillman Calvin Kohli Irene Valines Jane Hayes Jason Witrock Jeannette Egozi Jeff Gordon Jerry Marsch Marcella Paz Cohen Michelle Green Oren Lieber Applicants Jonathan Parker Michael Perlmutter Michelle Green Robert Blumenthal William Cahill Position/Title (TL 12/31/13) (TL 12/31/13) Position/Title 12/31/2013 Mayor Matti Herrera Bower 12/31/2013 Commissioner Jorge Exposito Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Deede Weithorn 12/31/17 12/31/2014 Commissioner Jonah M. Wolfson 12/31/13 12/31/2014 Commissioner Jerry libbin 12/31/16 12/31/2014 Commissioner Ed Tobin 12/31/19 12/31/2013 Commissioner Jerry Libbin 12/31/17 12/31/2014 Commissioner Jorge Exposito 12/31/19 12/31/2013 Commissioner Michael Gongora 12/31/17 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 12/31/2014 Mayor Matti Herrera Bower 12/31/2013 Commissioner Deede Weithorn 12/31/2013 Commissioner Michael Gongora 12/31/2014 Commissioner Ed Tobin Applicants Position/Title Leah Rey Michael Tichacek Orlinda Perez Perez Silvia Rotbart 12/31/13 12/31/16 12/31/19 12/31/14 Board and Conzmittees 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. 12/31/2013 Vietia Jorge Gutierrez Registered Design Prof. 12/31/2013 (TL 12/31/14) Rafael Sixto Registered Design Prof. 12/31/2013 (TL 12/31/14) Members: Jimmy Morales, City Manager Jimmy Morales, City Manager Jimmy Morales, City Manager Name Last Name Position/Title Term Ends: Appointed by: Term Limit: new member 12/31/2013 Applicants Position/Title Applicants Position/Title Oliver Oberhauser Page 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: Elizabeth Wheaton Members: Name Last Name Commissioner Gongora David Doebler Debra Leibowitz Gabriele Van Bryce Lanette Lily Luiz Mitch Applicants Amy Rabin Sobel Furst Rodrigues Novick Andrea Lisa Travaglia Elizabeth Pines Gisele Colbert Marivi Iglesias Russell Hartstein Position/Title Position/Title Term Ends: Appointed by: Term Limit: 12/31/2013 Mayor Matti Herrera Bower 12/31/2013 Commissioner Jerry Libbin 12/31120 12/31/2013 Commissioner Deede Weithorn 12131115 12/31/2014 Commissioner Michael Gongora 12/31117 12/31/2014 Commissioner Jorge Exposito 12/31/17 12/31/2013 Commissioner Jonah M. Wolfson 12/31116 12/31/2014 Commissioner Ed Tobin 12/31/2013 Mayor Matti Herrera Bower Applicants Amy Tancing Daniel Manichello George Durham Kimberly Eve Michael Laas Walker Burttschell Position/Title 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 Members: Name Last Name . ~·" ----·--" --·· -~ Carrie Johnson David Berger Dolores Hirsh Gayle Durham Jeffrey Forster Stefan Zachar Jr. Tegan Eve Applicants Kimberly Diehl Marlene Pross Michael Tichacek Stephen Donnelly Vicki Petruzzelli Position/Title Position/Title >w--'r'A,O~··"'-~',:-,,«,c,~.-'".0'A"-fi<'<··"-'.,'"':o"""""·V..w~ -~~'l<i!t'>'c-;~ •• , 1'"''<Allv>Ol'*l~>.;1.-.->::~""·;¢-<"' "<' :;,._ ;.<,.: •• ~!••A'i'i>N'-/>;>'1.'/•->'~''-''".~'"-.'< c--,~,. Friday, May 17,2013 Term Ends: Appointed by: Term Limit: ·-·------· -------- 12/31/2014 Commissioner Deede Weithorn 12/31/20 12/31/2013 Commissioner Jorge Exposito 12/31/19 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 12/31/2014 Commissioner Ed Tobin 12/31/2013 Commissioner Jerry Libbin 12/31/2013 Mayor Matti Herrera Bower 12/31/2014 Commissioner Michael Gongora Applicants Laure Mckay Melissa Mokha Ronald Starkman Steve Berke Position/Title Page 12/31/20 12/31/19 12/31/20 12/31/20 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 12/3112014 Commissioner Jerry Libbin 12131118 Eric Ostroff 12131/2014 Commissioner Deede Weithorn 12131/18 J.P. Morgan 12/31/2013 Commissioner Michael Gongora 12/31/14 Josephine Pampanas 12/31/2014 Mayor Matti Herrera Bower 12131114 Maria Mayer 12/31/2013 Commissioner Ed Tobin 12131/16 Scott Diffenderfer 1213112013 Commissioner Jonah M. Wolfson 12131115 Seth Wasserman 12131/2013 Commissioner Jorge Exposito 12/31/16 AI Feola Rep. for the Ocean Dr. Imp. Assoc. 12/31/12 Delvin Fruit Rep. for Mid-Beach Community Assoc. -12/31/12 Jo Asmundsson Rep. for MBCDC 12/31/12 Madeleine Romanello Rep. for MBCC 12/31/13 Mark Weithorn Rep. for NBDC 12/31/13 vacant Rep. for Lincoln Road Marketing William "Bill" Hahne Rep. for MDPL 12/31/13 Applicants Amy Rabin Daniel Manichello David McCauley Eleanor Carney Position/Title Applicants Cheryl Jacobs David Alschuler Dorian Nicholson Gerhard Rima Position/Title Board and Committees Current Members Gianluca Fontani Jacobs Jacobs Julio Lora Orlinda Perez Perez Sasha Boulanger Friday, May 17, 2013 Ivana Vento Jeffrey Feldman Laure Mckay Rima Gerhard Steven Oppenheimer Board and Contmittees Current Members Visitor and Convention Authority Composition: Two (2) year term. Appointed by a minimum of 4 votes. Seven (7) member who shall be permanent residents of Miami-Dade County. Sec. 102-246 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 Clerk's Note: Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda -Agenda Archives website is located at http:/ /miamibeachfl.gov/ cityclerkjscroll.aspx?id == 72497. Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter, choose the first listed Commission meeting and click on City Commission At-Large Nominations. City Liaison: Grisette Roque. Members: Name Last Name Position/Title ---·---~·- Aaron Perry At-Large Jaqueline Hertz At-large TL 12/31/13 Jeff Lehman Hotel Industry TL12/31/13 Keith Men in Hotel Industry Margaret Benua At-Large (Peggy) Micky Ross Steinberg At-large Steven Adkins At-large Applicants Position/Title Albert Mertz Brian Richard Charles Million Christopher Amisano Diana Fontani Martinez Eric Lawrence Harold Foster James Lloyd Jennifer Diaz Joshua Wallack Karlene Mcleod Natalia Datorre Seth Feuer Term Ends: Appointed by: ~·~---------~--···~--,-----· -- 1213112014 City Commission 12131/2013 City Commission 12131/2013 City Commission 12/31/2013 City Commission 1213112014 City Commission 12131/2013 City Commission 12/31/2014 City Commission Term Limit: 12131/16 12/31113 12/31/13 12131/15 12/31/17 12131/15 12/31/14 Applicants Antoinette Zel Calvin Kohli Christine Taplin Christopher Todd Dona Zemo George Castillo Israel Sands Jeffrey Graff Jonathan Porcelli Karen Brovvn Laure Mckay Natalie Koller Steven Gonzalez Position/Title ,' •.;,;..,,~ ''''"~'"'"·~· '-"• hr.w«<,·~-~-"'"" ~, ~''*""""""'"'""'~-~' c;.~K-;-"';,:,''""~*-"·''*'"i ,'i>{,' •< -</"'.'-'*~'•i.'<'-<''"-'·---~''"'"''"·->"1.0'· , '<>" -~ ~~' "·" "·" • "''''ill"-> "•'"~''' ~ «,;: .!< ;;•. , "*"''" &.$-<->.' <""'""'"·">~~¥>"''"'"'~·-~·""''··" · ~-<i<h~'"~-"" •c ... ,,< <•'~'<~'<1#11.!/''' ""• ~ ""';;~: S'>--· '""· '<~.-, .••• o.·.w~;;o'M,'-,.«•.<.~·· r > >V ""·'""l¢A'¥itkt~?o!~"""·"· ""'•'"P Fl'iday, May 17,2013 Page 56 of 59 (Continued .... Board and Comntittees Current Members Zahara Mossman Page 57 of 59 Board and Contmittees 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 Vacancy: Members: Name Barbara Jeffrey Matthew Morris Robert William Brian Flynn Joe Fisher Margarita Wells Applicants Alan Fishman Gisele Colbert Kimberly Eve Silvia Rotbart To replace Charles Fisher Last Name Position/Title Hershkowitz Feldman Krieger (TL 12/31/13) Sunshine Kraft Cahill 12/31/2014 Commissioner Deede Weithorn Term Ends: Appointed by: Term Limit: 12/31/2014 12/31/2013 12/31/2014 12/31/2013 12/31/2013 12/31/2013 Commissioner Jerry Libbin 12/31/14 Mayor Matti Herrera Bower 12/31/19 Commissioner Michael Gongora 12/31/13 Commissioner Jorge Exposito 12/31/15 Commissioner Jonah M. Wolfson 12/31/16 Commissioner Ed Tobin 12/31/20 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 Andrew Fuller James Weingarten Luiz Rodrigues Position/Title 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 Maria Ruiz Applicants Aida EI-Matari Rebecca Diaz Last Name Cannon Turk en Egozi Choukroun Graff Bumstine Stein Rosen Position/Title ex-officio student rep. of a Middle School ex-officio student rep. of a High School ex-officio Dir. of Children's Affairs Position/Title Term Ends: Appointed by: Term Limit: 12/31/2014 Commissioner Ed Tobin 12/31/18 12/31/2013 Commissioner Jorge Exposito 12/31/15 12/31/2014 Commissioner Michael Gongora 12/31/17 12/31/2014 Commissioner Jerry Libbin 12/31/16 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19 12/31/2014 Mayor Matti Herrera Bower 12/31/16 12/31/2013 Commissioner Deede Weithorn 12/31/15 Applicants Position/Title Andrea Lisa Travaglia City Commission Committees Committee Position First Name Finance & Citywide Projects Committee Chairperson Commissioner Deede Weithorn Vice-Chair Commissioner Jorge Exposito Member Commissioner Michael Gongora Alternate Commissioner Jerry Libbin Liaison Patricia Walker, Chief Financial Off. Land Use & Development Committee Chairperson Commissioner Michael Gongora Vice-Chair Commissioner Jonah Wolfson Member Commissioner Jerry Libbin Alternate Commissioner Ed Tobin Liaison Richard Lorber, Acting Planning Dir Neighborhood/Community Affairs Committee Chairperson Vice-Chair Member Alternate Liaison Friday, May 17,2013 ~· . Commissioner Edward L. Tobin Commissioner Jerry Libbin Commissioner Jorge Exposito Commissioner Jonah Wolfson Barbara Hawayek, Building Dept. Appointed by Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Mayor Bower Page 1 of 1 NON-CITY COMMISSION COMMITTEES Mayor Herrera Bower • South Florida East Coast Corridor Coalition • U.S. Conference of Mayors • National League of Cities • Florida League of Cities • International Hispanic Network • International Women's Forum -Arva Moore Parks • FlU Wolfsonian Advisory Board • Greater Miami Convention and Visitors Bureau Executive Committee • Girl Power Honorary Member • Miami-Dade Metropolitan Planning Organization • Miami-Dade County Tourist Development Council • Citizens' Oversight Committee/lnterlocal Agreement for Public School Facility Planning MDC Commissioner Michael Gongora • Miami-Dade County League of Cities Commissioner Deede Weithorn • Miami-Dade County Homeless Trust Board Ricky Arriola • The Adrienne Arsht Center for the Performing Arts Center Trust Victor Diaz • Miami-Dade County Charter Review Task Force Mitchell Kaplan • The Adrienne Arsht Center for the Performing Arts Center Trust Richard Milstein • The Adrienne Arsht Center for the Performing Arts Center Trust F:\C?LER\$ALL\a City Commission\Non c.ityCommission Committees 04172013.docx 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 Me FROM: Jimmy L. Morales, City Manager DATE: June 05, 2013 SUBJECT: BOARD AND COMMITTEE APPO NTMENTS-CITY COMMISSION APPOINTMENTS ADMINISTRATION RECOMMENDATION Make appointments as indicated. BOARDS AND COMMITTEES 1. Affordable Housing Advisory Committee (2 vacancies) 2. Design Review Board (1 vacancy) 3. Health Advisory Committee (1 vacancy) 4. Miami Beach Cultural Arts Council (1 vacancy) 5. Personnel Board (3 vacancies) Please see the "Agenda -Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations listing current information about which applicants have actually been nominated. The Agenda-Agenda Archives website is located at: http://miamibeachfl.gov/cityclerk/scroll.aspx?id=72497 Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda -Agenda Archives" link; thereafter choose the first listed Commission meeting and click on City Commission At-Large Nominations. JM/REGcB Agenda Item ------ F:ICLER\$ALL\a City Commission\Commission Memo B & C FOR June 05 13.doc THIS PAGE INTENTIONALLY LEFT BLANK MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION To: From: Date: Re: I Jimmy Morales, City Manager •• AJ.i flf;' ~ Matti Herrera Bower, Mayor /f yet' . May 28, 2013 Appointment to the Performing Arts Trust MEMORANDUM Please place on the June 51h, 2013 City Commission Agenda an item to reappoint Mitchell Kaplan as one of the City's representatives to the Adrienne Arsht Center for the Performing Trust. Mr. Kaplan is the founder of Books and Books as well as a co-founder of the Miami Book fair International. His biography and letter of support from the Trust, as well as the Articles of Incorporation for the Trust are attached. I thank you in advance for your attention to this matter. Should you have any questions, please contact Gabrielle Redfern at extension 615 7. MHB/ fgr Agenda Item (.< 9/+ 2... Date ~-5-13 > May 14,2013 The Honorable Matti Bower Mayor, City of Miami Beach City of Miami Beach City Hall 1700 Convention Center Drive Miami Beach, Florida 33139 RE: City of Miami Beach Reappointment of Mitch Kaplan to the Performing Arts Center Trust Dear Mayor Bower: Pursuant to the Performing Arts Center Trust's Articles of Incorporation, the City of Miami Beach is entitled to appoint three representatives to the Board of the Performing Arts Center Trust Inc. (PACT}. The current City of Miami Beach appointments are Mitchell Kaplan, Ricky Arriola and Richard Milstein. Mr. Kaplan's term recently expired, although pursuant to our Articles of Incorporation he will continue to serve until reappointed or replaced. The City of Miami Beach Commission is, therefore, requested to reappoint Mitch Kaplan for a new three-year term. Mr. Kaplan has been a member of the PACT Board for three years. His knowledge and expetiise makes him an asset as the City's representative, and we believe that his continued service on the PACT Board is needed as the Center continues to evolve into Miami-Dade County's cultural centerpiece. In order to make this appointment, the City of Miami Beach Commission must take formal action to reappoint Mr. Kaplan to fill this seat. For your information, you will find enclosed Mr. Kaplan's bio as well as a copy of the PACT's Articles of Incorporation that outlines the appointment process. Please have the City Clerk forward confirmation of the City's action in this regard to Valerie Riles, the Center's Vice President of Board and Government Relations. If you have any questions or require further information, please call Valerie at 786-468-2203. Sincere.)y, t' 14_£ ~ Mike Eidson Chairman, PACT Board of Directors Enclosures Copied: J. Ricky Arriola, Chair, Nominating and Governance Committee Mitch Kaplan, PACT Board Member Rafael Granado, City Clerk 1300 Biscayne Boulevard, Miami FL 33132 Telephone 786.468.2000 Fox 786.468.2001 www.arshfcenter.org MITCHELL KAPLAN -BIO Mitchell Kaplan founded Books & Books in 1982. Located in Coral Gables, Florida, Books & Books expanded to its present location in December of 2000. Housed in a Mediterranean-styled building, the bookstore hosts over sixty events a month, consisting of author readings and signings, demonstrations and workshops, live music and film series, reading and discussion groups, programming for children and families, and a variety of other community~based events. AH of this is achieved in an old world setting of floor-to-ceiUng wood bookshelves, wood floors, and a courtyard cafe. In 1989, Books & Books opened a second location on Lincoln Road, which continues to serve the Miami Beach community today, and includes a Zagat-rated, full-service restaurant, the Cafe at Books & Books, which features new South Florida cuisine by Chef Bernie Matz. In April 2005, Books & Books opened a new location at theBal Harbour Shops. 111is new location specializes in high end art and design books and continues the tradition of the Coral Gables and Miami Beach bookstores with a full schedule of events and programs. In April 2009, Mitchell npent>:cl Th~ Newsstand by Books & Books, also at the Bal Harbour Shops. This garden cafe and newsstand offers a wide range of intemational periodicals, elite Cafes Richard coffee, Tartbcrry frozen yoqurt, high-end pastries-and all the chann and atmosphere of a classic newsstand. In December 2007, Mitchell went international with the opening of a fourth location in The Cayman Islands. Located in a new multi-million dollar development, Camana Bay, Books & Books, Grand Cayman, serves both the visiting and local population of the island with a wide selection of international and Caribbean writing and events. Mitchell is also a co-founder of Miami Book Fair International and serves as the Chairperson of its Board of Directors. The Book Fair, sponsored and suppmted by Miami-Dade College, brings over 300 authors and exhibitors to a weeklong celebration of all things literary into the heart of downtown Miami and onto the College's Wolfson Campus. Mitchell also serves on the steering committee of the Florida Center for the Literary Arts, Miami-Dade College's new literary center. Mitchell is the former President of the American Booksellers Association (ABA) and also serves on the Board of ABFFE, the American Booksellers Foundation for Free Expression. A native of Miami Beach and a graduate of Miami Beach Senior High School, he received his BA at the University of Colorado and a M.Ed. from the University of Miami. He lives in Miami with his wife, Rachelle, and their twin sons, Jonah and Daniel, and their daughter, Anya. ExhibitB SECOND AMENDED AND RESTATED ARTICLES OF INCORPORATION OF PERFORMING ARTS CENTER TRUST, INC. The undersigned officers, natural persons competent to contract, hereby fife these Second Amended and Restated Articles of Incorporation of PERFORMING ARTS CENTER TRUST, INC., pursuant to Section 617.1007 of the Florida Not For Profit Corporation Act, and hereby cerlify as follows: The original and present name of the Corporation is PERFORMING ARTS CENTER TRUST, INC. The original Articles of Incorporation were filed with the Department of State of the State of Flol'ida on August 6, 1991, as amended by amendments to the original Articles of lncorporation filed with the Department of State on August 25, 1992 and September 2, 1993. The First Amended and Restated Articles of Incorporation were filed with the Department of State on January 2, 1998. These Second Amended and Restated Articles of Incorporation were duly adopted pursuant to Section 617.1007 of the Florida Not For Profit Corporation Act upon the affirmative vote of at least two~thirds of the members of the Corporation at a meeting held on iJ , 2006 and a majority of the Board of Commissioners ofMiami~Dade County, -----iC#--~~:::::: _ _L~. 2006. These amended and restated Articles of Incorporation e up filing with the Department of State. 1.1 Name: ARTICLE I ORGANIZATION This Corporation, formed under the Florida Not For Profit Corporation Act, shall be known as the Performing At1s Center Trust, Inc. (hereafter, the "Corporation"). J .2 Seal: The seal of this Corporation shall contain .the words "Performing At1s Center Trust, Inc., a corporation not-for-profit". 1.3 Offices: The principal offices of the Corporation shall be located in the State of Florida at such place or places as the Board of Directors may from time to time, designate. The mailing address of the Corporation shall be located at the principal offices of the Corporation. On the date hereof, such principal offices are at 1444 Biscayne Boulevard, Suite 202, Miami, FL 33132. The Corporation's offices will relocate to the Performing Arts Center at 1300 Biscayne Boulevard, Miami FL 33132 on August 4, 2006. (M2264121;51 ARTICLE II PURPOSE This Corporation is organized and shall operate exclusively for educational, cultural and charitable purposes as evidenced by conducting or supporting activities for the benefit of or to carry out the purposes of the Performing Arts Center Trust, Inc., but limited in all events to exempt purposes described in Section 50l(c)(3) of the Internal Revenue Code of 1986; and this Corporation may engage in only such activities permitted under the laws of the State of Florida and the United States of America as shall constitute activities in furtherance of such exempt purposes. The Corporation is a non-profit corporation organized to provide a broad source of community support for the Performing Arts Center in the City of Miami, Florida (the "Performing Arts Center"). No pmi of the assets or the net earnings of the Corporation shall be distributed to any officer, director, member or any other private person. ARTICLE III FUNCTIONS It is expected that the Corporation will provide the governing authority to design, construct, manage and operate the Performing Arts Center. The site on which the Perfonning Arts Center is located and the Performing Arts Center itself will be owned by Miami~Dade County. It is not contemplated that the Corporation will own either the land or buildings to be designed, constructed, managed and operated by the Corporation. The Corporation will have full authority to employ architect(s), acousticians and other consultants, approve design and employ construction and development managers or firms and supervise their work. The Corporation will employ a President who will be responsible for day-to-day carrying-out of the Corporation 1s work and such other employees as the Corporation shall deem appropriate. The Corporation may establish or enter into a contractual relationship with a leasing company. The Corporation is responsible for raising funds for various purposes and, to accomplish this, the Corporation may establish one or more foundations, subsidiary corporations, or affiliated organizations. ARTICLE IV BOARD OF DIRECTORS The Board of Directors is responsible for the direction and control of all matters pertaining to the Corporation and the Performing Arts Center. The Board of Directors and the County Manager of Miami-Dade County shall select a President, who shall serve at the pleasure of the Board of Directors. The President shall establish personnel and management policies in accordance with applicable law and such policies as the Board of Directors may adopt. The term "Director" as used herein shall include Designated Directors unless otherwise indicated, but shall not include the President. 4.1 Members of Board ofDirectors: The affairs of the Corporation shall be managed by the Board of Directors, all of whom shall serve without compensation. At all times there shall be no less than five (5) nor more than forty one (41.) Directors. (M2264121;5J 2 4.2 Appointment ofDir·cctors: The Board of Directors shall be appointed as follows: (a) Local govemmental authorities shall appoint twenty~eight (28) members, comprised of twenty~one (21) Miami-Dade County appointments with the remaining appointments apportioned between the City of Miami, City of Miami Beach and Miami-Dade County School Board as defined below: (i) The Board of Commissioners of Miami-Dade County shall appoint nineteen (19) Directors, as follows: thirteen (13) Directors shall be appointed by individual County Commissioners and six (6) Directors shall be appointed by the Board of Commissioners of Miami-Dade County At-Large. (ii) The Mayor of Miami-Dade County shall appoint two (2) Directors; (iii) The City of Miami Commission shall appoint three (3) Directors subject to ratification by the Board of Directors; (iv) The City of Miami Beach Commission shall appoint three (3) Directors subject to ratification by the Board of Directors; (v) The Miami-Dade County Public School Board shall appoint one (1) Director. (vi) For each appointment by the County Commissioners, County Commission At-Large, County Mayor, City of Miami Commission and City of Miami Beach Commission, the Trust shall advise the appointing authority of any special characteristics or professional skills that it is seeking in order to strengthen and balance the Trust board. In addition, the Trust may suggest potential nominees for consideration by the appointing authmity. After consideration of these recommendations, the appointing authority shall select an appointee that, in its best judgment, will best serve the interests of the Trust and the governmental agency. (b) Appointments made by the Corporation: In accordance with the Bylaws of the Corporation, the Corporation shall appoint Community Representative Directors, not to exceed thirteen (13) members, as follows: (i) One (l) Director for each of the Designated Primary Artistic Organizations named in Section 4.3; (ii) One (1) Director each from at least two (2) Miami Dade County- based non-profit performing arts organizations which reflect, in both their governance and programming, community ethnic cultural perspectives including at a minimum an Hispanic American artistic organization and an African American artistic organization; and {M226412!;5j 3 (iii) Additional Community Repre~entative Directors who represent the interests and diversity of the community at large. 4.3 Designated Primary Artistic Organizations: (a) Notwithstanding any other provision of these Articles, each of the following organizations shall be entitled to appoint one Designated Primary Artistic Director who may remain as Designated Primary Artistic Director at the pleasure of the organization so long as the organization is a Designated Primary Artistic Organization. The following named organizations have been designated as Primaty A1iistic Organizations and will constitute the four (4) Designated Primary Artistic Organizations: (i) Concert Association of Florida, Inc. (ii) Florida Grand Opera, Inc. (iii) Miami City Ballet, Inc. (iv) New World Symphony, Inc. (b) The requirements for Designated Primary Artistic Organizations include: (i) A Designated Primary Artistic Organization shall be any professional non-profit cultural organization, incorporated or not, w11ich shall have been in existence for more than one (l) year, has an annual operating b~dget of more than $500,000, and has displayed a long term financial and usage commitment to the Corporation, as determined by the Board of Directors. (ii) Designated Primary Artistic Directors shall be those Directors appointed by a Designated Primary Artistic Organization. 4.4 Qualifications of Dit·ector·s: The Directors are expected to devote time, professional knowledge, personal influence, money and/or a combination thereof to attain the goals of the Corporation and shall be selected by reason of their abilities to do the following: (a) To provide and secure financial support for the activities of the Corporation. The personal contributions of the Directors are key to the financial well-being of the Corporation. Also, Directors, because they have great standing in the community, can greatly influence individuals, corporations, foundations and government agencies to provide financial support. (b) To volunteer their specialized business expertise, advice and guidance to working committees when needed. (c) the Corporation. (M226412l ;Sf To spearhead and to reinforce all community and public relations work of 4 4.5 Term ofDirectors: (a) Each of the thirteen (13) Directors appointed by individual Commissioners of Miami-Dade County shall serve a term which shall end concutTently with the last day of the term of the County Commissioner who appointed said Director. Individual County Commissioners who are reelected to office must officially appoint, or re-appoint if desired, a Director as his or her appointment for the new term following the process in section 4.2.a.vi. (b) Each of the six (6) Directors appointed by the Board of Commissioners of Miami-Dade County At-Large shall be appointed for a three (3) year term and shall be pennitted to serve up to two full consecutive three (3) year terms, and may be re-appointed to the Board of Directors after ceasing to be a Director for one (I) year. (c) Each of the two (2) Directors appointed by the Mayor of Miami~Dade County shall serve a tenn which shall end concurrently with the last day of the term of the Mayor. In the event that the Mayor is reelected to office, he or she must officially appoint, or re- appoint if desired, each of the two (2) Directors as his or her appointments for the new term following the process in section 4.2.a.vi. (d) Each of the six (6) Directors appointed by the City of Miami and City of Miami Beach Commissions shall be appointed for a three (3) year term and shall be permitted to serve up to two full consecutive three-year terms, and may be re-appointed to the Board of Directors after ceasing to be a Director fot· one (I) year following the process in section 4.2.a.vii. (e) The Director appointed by the Miami-Dade County Public School Board shall serve at the will of the School Board, and shall serve until he/she resigns or is removed. (f) The terms of the Community Representatives are specified in the Bylaws of the Corporation. (g) Upon the expiration of a Director's tenn, that Director shall remain on the Board of Directors until such time as he or she is replaced or is re-appointed by the appropriate appointing authority. 4.6 Filling of Vacancies: (a) Vacancies in expired or unexpired tenns for Community Representatives to the Board of Directors caused by resignation, removal or death shall be filled according to the process provided in Section 4.8 ofthe Bylaws of the Corporation. (b) For those Directors appointed by the County Commissioners, County Commission At~Large and MayO!', if a vacancy occurs prior to the expiration of the original appointing authority's term, the individual County commissioner, commission or the Mayor who appointed that Directm· shall appoint a new member to fill the vacancy following the process in section 4.2.a.vi. (c) For those Directors appointed by the City of Miami Commission and City of Miami Beach Commission, if a vacancy occurs prior to the expiration of tbe Director's term, IM2264111;5} 5 the Commissions shall appoint a new member to fill the vacancy following the process in section 4.2.l.vl. (d) In filling any vacancy to be filled by Local Governmental Authorities the replacement Director shall hold office for the unexpired term of his/her predecessor in office. (e) The Miami-Dade County Public School Board shall appoint a person to fill any vacancy for their Director position. 4.7 Removal of Directors: Any Director may be removed for cause as detem1ined by the Corporation, including violation of Board policy, by the affirmative vote of the majority of the Board of Directors, provided such Director has been given prior notice that the subject of his/her removal will be presented to the Board at a duly noticed meeting. 4.8 Financial Disclosure: Directors shall file the same Florida Financial Disclosure Statements required of state officers. Other than compliance with Financial Disclosure requirements, the provisions of the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance shall not apply to the Directors. 4.9 The Sunshine Law: The Board of Directors shall comply with Florida Government in the Sunshine Law in the conduct of all its meetings to the same extent as if it were an elected body. 4.10 Public Records Act: The Corporation's records will be open to public inspection in accordance with the Florida Public Records Act to d1e same extent as if it were a government agency. ARTICLE V COMMITTE.ES The initial Standing Committees of the Board of Directors shall be the Executive Committee, Finance Committee, Audit Committee and Nominating and Governance Committee. The purposes and membership of the Standing Committees shall be set forth in the Bylaws of the Corporation. The Board of Directors may establish from time to time, such additional Standing or ad hoc Committees as shall be deemed appropriate, with such additional Committees to exercise such duties, powers and authorities as may be delegated by resolution of the Board of Directors. (M2264121 ;S} 6 THIS PAGE INTENTIONALLY LEFT BLANK R9 -New Business and Commission Requests R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.) R9B2 Or. Stanley Sutnick Citizen's Forum. (5:30p.m.) Agenda Item R913/-;;_ Date 6 ~S: 1.3 THIS PAGE INTENTIONALLY LEFT BLANK R9 -New Business and Commission Requests R9C Update On The Miami Beach Convention Center Project. (City Manager's Office) (Report to be Submitted in Supplemental) Agenda Item R q (_ Date b-5-13 THIS PAGE INTENTIONALLY LEFT BLANK ~ MIAMI BEACH OFFICE Of THE MAYOR AND COMMISSION MEMORANDUM To: Jimmy Morales, City Manager From: Jonah Wolfson, Vice Mayor Date: April 2"d, 2013 Re: Commission Agenda Discussion lt~m Please place on the May 8, 2013, Commission Agenda an item to discuss a resolution requiring the two short listed proposer firms being disqualified if they do not submit the required affidavits on or before May 11', 2013, for the Convention Center RFQ. Should you have any questions, please contact Leonor Hernandez at Extension 6437. RESOLUTION TO BE SUBMITTED itJ MIAMI BEACH OFFICE OF THE 1V1A YOR AND COMMISSION MEMORANDUM TO: Jimmy Morales. City Manager FROM: Jonah Wolfson, Vice Mayor DATE: March 28, 2012 SUBJECT: Agenda Item Please place on the May 8, 2013, Commission Meeting Agenda a discussion item to repeal Sec. 7 4-1, entitled "Soliciting business in public from pedestrians~~ of the Code of the City of Miami Beach, Florida and/or a referral to the Land Use and Development Committee to discuss said Section 74-1. If you have any questions, please contact Leonor Hernandez at extension 6437. JW/lh Agenda Item R q E. Date fiJ-S"~ \3 THIS PAGE INTENTIONALLY LEFT BLANK /\/\I )\/V\ I OFFICE OF THE MAYOR AND COMMISSION TO: FROM: DATE: Jimmy L. Morales, City Manager Rafael E. Granado, City Clerk Jose Smith, City Attorney Jorge R. Exposito, Commissioner May 16, 2013 MEMORANDUM SUBJECT: Agenda item for June 5, 2013 Commission Meeting regarding Sutnick Hour Please place for discussion, the protocol of items the Commission may entertain during Sutnick Hour. I think it would be appropriate for us to discuss procedures and protocol moving forward. We trust that you will find all in good order. Should you have any questions, please feel free to contact my aide, Nattaly Cuervo at 6457. JRE/nc )ih Agenda Item R cr F Date 6-5""-13 THIS PAGE INTENTIONALLY LEFT BLANK R10 CITY ATTORNEY REPORTS MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, florida 33139, www.miamibeochfl.gov COMMISSION MEMORANDUM o "the City Commission / TO: FROM: Mayor Matti Herrera Bower and Member Jose Smith, City Attorn~ " DATE: June 5, 2013 -';r_:.-tt SUBJECT: City Attorney's Status Report LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT 1. Wells Fargo Bank. N. A. vs. City of Miami Beach, et al., Case No. 13-12785 CA 01 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action for equitable relief to recover funds held in the court registry in connection with the tax deed sale for the property located 1145 Bay Drive, Miami Beach, Florida. The Summons and Complaint were served on the City on April 24, 2013. The City's liens were satisfied prior to the filing of the Complaint. The City's Answer was filed on April 30, 2013. 2. Menada. Inc. v. City of Miami Beach, FL. Case No. 13-15239 CA 30 (Circuit Court - 11th Judicial Circuit in and for Miami Dade County, Florida) This is a case for declaratory judgment relief filed by the property owner of Seacoast Towers asking the court to determine its right to be exempt from the installation of a sprinkler system based upon the public lodging statute, despite losing 3 appeals on the same subject. The City's answer was recently filed and a motion for summary judgment is being prepared. 3. The Deauvi!le Hotel Condominium Association. Inc. vs. Albert F. Pusey, et al., Case No. 13-15243 CA 27 (Circuit Court -11 1h Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a condominium lien on real property located 6701 Collins Avenue, Unit 922, Miami Beach, Florida. The Summons and Complaint were served on the City on April 30, 2013. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on May 7, 2013. 4. JPMorgan Chase Bank, National Association vs. Luis F. Delgado. et al.. Case No. 13- 13426 CA 24 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 2899 Collins Avenue, Unit 1439, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on May 2, 2013. Agenda Item R 10 I+ Date ' .. S-13 City Attorney's Report June 5, 2013 Page 2 The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on May 6, 2013. 5. JPMorgan Chase Bank. National Association vs. The Pavillion Condominium Association, et al., Case No. 13-11967 CA 24 (Circuit Court -11 ~~ Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 5601 Collins Avenue, Unit 1220, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on May 2, 2013. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on May 2, 2013. 6. Deutsche Bank National Trust Company vs. John Sansac, et al., Case No. 13-11863 CA 01 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 528 Meridian Avenue, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on May 2, 2013. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on May 7, 2013. 7. Capital Bank. N.A. vs. Avelino Martinez, et al .. Case No. 13-11863 CA 01 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 605 7ih Street and 6961 Caryle Avenue, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on May 2, 2013. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on May 7, 2013. 8. Wells Fargo Bank, N.A. vs. Jessy Alves Vinagre, et al., Case No. 13-15269 CA 02 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 189 NW 97 Street, Miami Shores, Florida. The Summons and Complaint were served on the City on May 8, 2013. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on May 20, 2013. City Attorney's Report June 5, 2013 Page3 9. Suntrust Bank vs. Allen Bombart et al., Case No. 13-13939 CA 11 (Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 510 Ocean Drive, Unit PH-1, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on May 8, 2013. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on May 15, 2013. 10. Laze E-K LLC vs. Valeria Viviane Bensoussan. et al., Case No. 13-16212 CA 15 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 5601 Collins Avenue, Unit PH-1, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on May 13, 2013. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on May 15, 2013. 11. Wells Fargo Bank. N.A. vs. Davac Group. L.L.C., et al .. Case No. 13-16832 CA 13 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 1455 Michigan Avenue, Unit 5, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on May 15, 2013. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on May 20, 2013. 12. A & P Air Conditioning Corporation, a Florida corporation, v. City of Miami Beach, a Florida municipal corporation, and The Miami Beah Redevelopment Agency, a public body corporate and politic, Case No. 13-17051 CA-5 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) These two companion cases were filed for monies allegedly owed to a subcontractor which performed mechanical work on a City property but for a City tenant, Penn 17. The City's response is pending at this time; the tenant is allegedly trying to resolve the matters. 13. Bank of America, N.A. vs. Madelaine Rodriguez, et a!., Case No. 10-28706 CA 31 (Circuit Court-11 1h Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 3901 SW 78 Ct., #1- 216, Miami, Florida. The Summons and Amended Verified Complaint were served on the City on May 15, 2013. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes was filed on May 22, 2013. City Attorney's Report June 5, 2013 Page4 14. Seville Acquisition. LLC, v. City of Miami Beach, Case No. 13-017539 CA 01 (Circuit Court-11th Judicial Circuit of Florida in and for Miami-Dade County, Florida This Emergency Complaint for Writ of Mandamus seeks to have the Court require the City to immediately issue permits for the demolition of the boardwalk and construction of the beachwalk behind the Marriott (Seville) Edition Hotel at 29th Street and Collins Avenue, and for delay damages for not issuing the permits. 15. City of Miami Beach. Florida vs. Anthony Parks Case No. (To be assigned) (Circuit Court -11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action for damages to collect monies owed to the City of Miami Beach for unpaid utilities bills. The action was filed on May 21, 2013. Service of Process on Mr. Parks is pending. 16. JPMorgan Chase Bank vs. Victor M. Perez. et al., Case No. 13-16347 CA 21 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida) This is an action to foreclose a mortgage on real property located 1250 West Avenue, Unit 8-J, Miami Beach, Florida. The Summons and Verified Complaint were served on the City on May 22, 2013. The City's Answer and Affirmative Defense, asserting priority for any special assessments, including, but not limited to, utility water and sewer services, demolition or board-up liens, and resort taxes will be timely filed. JS/SHR/RMH/GH/Ir F:\ATTO\AAOFF\AAOFF\FILE.#S\2013\Status report CAO 050813.docx R10-City Attorney Reports R 1 OB 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, June 5, 2013, In The City Manager's Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To Collective Bargaining. Agenda Item 8 /0 B Date G-5-13 THIS PAGE INTENTIONALLY LEFT BLANK MIAMI BEACH City of Miami Beac:h, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower Members of the City Commission City Manager Jimmy Morales Ralph Granado, City Cler /,// Jose Smith, City A~rney ~-­ ( June 5, 2013 Closed Attorney-Client Session Pursuant to §286.011, Florida Statutes, the City Attorney hereby advises the Mayor and City Commission that he desires advice concerning the following pending litigation matter: Seville Acquisition, LLC v. City of Miami Beach Case No.: 2013-17539-CA-01 Therefore, a private closed Attorney-Client Session will be held during the lunch recess of the City Commission meeting on June 5, 2013, in the City Manager's Large Conference Room, Fourth Floor, City Hall to discuss settlement negotiations and/or strategy related to litigation expenditures with regard to the above-referenced litigation matters. The following individuals will be in attendance: Mayor Matti Herrera Bower; Members of the City Commission: Jorge Exposito, Michael Gongora, Jerry Libbin, Edward Tobin, Deede Weithorn and Vice-Mayor Jonah Wolfson; City Manager Jimmy Morales, City Attorney Jose Smith, and First Assistant City Attorney Gary Held. JS/GH/mmd F:\ATIO\SMIJ\attorney client sesslon\Attorney-Ciient Session City of Miami Beach v. 1747 Bay Road Properties. LLC.doc Agenda Item R I 0 c_ Date b ~ '5'-1.3 THIS PAGE INTENTIONALLY LEFT BLANK REPORTS AND INFORMATIONAL ITEMS -z "T1 0 -I m s en 1. Reports and Informational Items (see LTC 184-2013) Agenda Item__.:;/ __ Date 6 -)-J3 THIS PAGE INTENTIONALLY LEFT BLANK OFFICE OF THE CITY MANAGER NO. LTC# 175-2013 LETIER TO COMMISSION To: Mayor Matti Herrera Bower and Members of the City Commission From: Jimmy L. Morales, City Manager. Date: May13,2013 Subject: List of Projects Covered by the C . e of Silence Ordinance In an effort to disseminate information to elected officials and City staff relative to projects that are covered by the requirements of the City's Cone of Silence Ordinance, following please find a list of all current solicitations (i.e., Invitation for Bids ("Bids"), Request for Proposals (RFPs), and Request for Qualifications (RFQs), that to date are covered by said ordinance. Please note that the Cone of Silence is in effect from the date the solicitation is advertised as indicated below, through date of award by City Commission. Date Advertised DP,cument Number and Issued RFP-2012-014-ME 1/17/2012 RFP-20 12-054-TC 9/12/2012 RFP-2013-001-ME 12/24/2012 RFP-2013-008-KP 2/12/2013 ITB-20 13-018-TC 3/15/2013 RFP-2013-065-TC 4/17/2013 ITB-2013-068-MF 3/7/2013 RFP-2013-064-LR 2/22/2013 Document Title A Public-Private Development In Miami Beach On North Lincoln Lane, Between Alton Road And Meridian Avenue, Including City-Owned Parking Lot #25 On 17 1h Street And Lenox Avenue, Parking Lot #26 On North Lincoln Lane, Between Lenox Avenue And Michigan Avenue, And Parking Lot #27 On North Lincoln Lane Between Jefferson Avenue And Meridian Avenue The Provisions of Credit Card Merchant Processing Services Unarmed Security Guard Services Health Plan Services and Benefits to Active Employees and Retired Enrollees The Construction of Beachwalk Phase II From South Pointe Drive To 3rd Street Emergency Management Administrative Support Services Purchase of Water Meters Audit Services For An Audit of The City's Capital Improvement Projects Administered By the City's Capital Improvement Projects Office And Other City Departments Department City Manager's Office Finance Citywide Human Resources CIP OBPI Public Works OBPI Agenda Item ___,~~---,-­ Date b ... S'-1~ Date Advertised Document Number and Issued Document Title Department Comprehensive Professional Tennis Management and Operation Services at the City's Flamingo and North Shore Park RFP-2013-095-ME 2/14/2013 Tennis Center Parks and Recreation Estimated Issuance Emergency Repairs for Water, Sewer and ITB-2013-113-LR 5/3/2013 Storm Water Pipe Breaks Public Works Routine and Emergency Sanitary Sewer and Storm Water Pipe Cleaning and Closed Circuit Television (CCTV) Pipe ITB-20 13-145-LR 4/1/2013 Inspection Services Public Works RFP-20 13-157 -LR 4/24/2013 Gymnastic Program Instruction Services Parks and Recreation Estimated Issuance ITB-2013-171-TC 5/17/2013 Playground Fence at South Pointe Park Parks and Recreation Estimated Issuance 1701 Meridian Avenue, 4th Floor ITB-2013-172-TC 5/17/2013 Renovations (777 Building} CIP Estimated Issuance Reconstruction of Surface Parking Lots ITB-2013-173-TC 5/17/2013 12X and 17X CIP Estimated Issuance Construction of the 6th and 53rd Street ITB-2013-176-TC 5/17/2013 Restrooms and the Ocean Rescue Office CIP RFP-20 13-177 -ME 5/9/2013 Parking Pay-by-Phone System Parking City Hall and Parking Garage Elevator ITB-2013-183-MF 5/10/2013 Renovation PW-Property P25 Mobile Radio System Consulting RFP-2013-185-LR 5/9/2013 Services IT Audits of Resort Taxes and Other Internal RFP-20 13-188-TC 5/10/2013 Audits As Needed Audit Please note that ITBs, RFPs, and RFQs are being issued on a daily basis. Therefore, it is recommended that you or your staff view the list of projects on a regular basis. Should you have any questions, or need additional information, please feel free to contact me. C: Executive Staff and Management Team JLM:KGB:AD F:\PURC\$ALL\MONTHLY REPORTS\CONE LTC\12-13\May 2013 Cone LTC.docx ::0 c )> Commission Agenda, June 5, 2013 Miami Beach Redevelopment Agency City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive June 5, 2013 Chairperson of the Board Matti Herrera Bower Member of the Board Jorge Exposito Member of the Board Michael G6ngora Member of the Board Jerry Libbin Member of the Board Edward L. Tobin Member of the Board Deede Weithorn Member of the Board Jonah Wolfson Executive Director Jimmy L Morales Assistant Director Jorge Gomez General Counsel Jose Smith Secretary Rafael E. Granado 1. NEW BUSINESS AGENDA A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment Agency (RDA), Approving And Authorizing The Chairperson And Secretary To Execute Amendment No. 3 To That Certain Retail Lease Agreement By And Between The City Of Miami Beach, The Miami Beach Redevelopment Agency (Collectively, Lessor), And Penn 17, LLC (Lessee), Dated September 16, 2011, Involving The Lease Of Approximately 7,655 Square Feet Of Ground Floor Retail Space At The Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida; And Further Approving, Following A Duly Noticed Public Hearing As Required By Section 142-362 Of The City Of Miami Beach Code, An Entertainment Component, Which Will Be Added As An Additional Use Of The Leased Premises In Conjunction With Tenant's Re-Opening And Re-Branding Of Such Premises. 10:00 a.m. Public Hearing, Joint City Commission & Redevelopment Agency (Real Estate, Housing & Community Development) (Continued from May 8, 2013) (Memorandum to be Submitted in Supplemental) B A Resolution Setting A Public Hearing To Consider A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment Agency Adopting And Appropriating The Second Amendment To The Operating Budget For The City Center Redevelopment Area, For Additional Revenue In Fiscal Year 2012/13. (Tourism, Culture & Economic Development Department) End of RDA Agenda 17 MIAMI BEACH Miami Beach Redevelopment Agency City of Miami Beach, 1700 ConvenHon Centef Drive, Miomi Beo.-:h, Florida 33139, www.miomibeochfl.gov HOW A PERSON MAY APPEAR BEFORE THE REDEVELOPMENT AGENCY OF THE CITY OF MIAMI BEACH, FLORIDA The regularly scheduled meetings of the Redevelopment Agency are established by Resolution and ore generally held on the same day the Miami Beach City Commission holds their regularly scheduled meetings. The Redevelopment Agency meetings commence at 10:00 a.m. l. Jorge M. Gonzalez has been designated os the Agency's Executive Director. Robert Porcher has been designated as the Agency's Secretary. 2. Person requesting placement of an item on the a~.nda must provide a written statement to the Agency Executive Director, 4th Floor/ City Halt 1700 Convention Center Driver telephone 673- 7285, outlining the subject matter of the proposed presentation. In order to determine whether or not the request can be handled administratively, an appointment will be set up to discuss the matter with a member of the Executive Director's staff. Procedurally, 11 Request for Agenda Consideration" will not be placed upon the Agency agenda until after Administrative staff review. Such review will ensure that the issue has been addressed in sufficient detail so that the Agency members may be fully apprised of the matter to be presented. Persons will be allowed three 13) minutes to make their presentation and will be limited to those subjects included in their written request. Such written requests must be received in the Executive Director's office nojg!er than noon on Tuesday of the w~ek prior to the scheduled Agency meeting to allow time for processing and inclusion in the agenda package. 3. Once an agenda for the Redevelopment Agency meeting is published/ and a person wishes to speak on items listed on the agenda, he/she may call or come to the Agency Secretary 1 s Office, l st floor, City Hall, 1700 Convention Center Drive, telephone 673-7 411, before 5:00p.m., on the Tuesday prior to the Agency meeting and give their name, the agenda item to be discussed and, where known, the agenda item number. The Agency agenda is available via the City's website, (www.miamibeachfl.gov) on the Friday prior to the Agency meeting or may be reviewed at the Agency's Secretary Office (City Clerk 1 s Office) on the Monday prior to the Agency's regular meeting. 4. All persons who have been listed by the Agency Secretary to speak on the agenda item in which they are specifically interested, will be allowed up to three (3} minutes to present their views. Robert Parcher Agency Secretary F:\CLER\CLER\CITYCLER\RDA Agenda .V3.doc March 5, 2007 Redevelopment Agency Item 1A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment Agency (RDA), Approving And Authorizing The Chairperson And Secretary To Execute Amendment No. 3 To That Certain Retail Lease Agreement By And Between The City Of Miami Beach, The Miami Beach Redevelopment Agency (Collectively, Lessor), And Penn 17, LLC (Lessee), Dated September 16, 2011, Involving The Lease Of Approximately 7,655 Square Feet Of Ground Floor Retail Space At The Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida; And Further Approving, Following A Duly Noticed Public Hearing As Required By Section 142-362 Of The City Of Miami Beach Code, An Entertainment Component, Which Will Be Added As An Additional Use Of The Leased Premises In Conjunction With Tenant's Re- Opening And Re-Branding Of Such Premises. 10:00 a.m. Public Hearing, Joint City Commission & Redevelopment Agency (Real Estate, Housing & Community Development) (Continued from May 8, 2013) (Memorandum to be Submitted in Supplemental) Agenda Item ( A- Date ~ -)-/3 THIS PAGE INTENTIONALLY LEFT BLANK MIAMI BEACH REDEVELOPMENT AGENCY ITEM SUMMARY Condensed Title: A Resolution of the Chairperson and Members of the Miami Beach Redevelopment Agency setting a public hearing to consider a resolution adopting and appropriating the first amendment to the operating budget for the City Center Redevelopment Area, for additional revenue in Fiscal Year 2012/13. Key Intended Outcome Supported: Improve the City's overall financial health and maintain overall bond rating Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The budget for the City Center Redevelopment Area (RDA) for Fiscal Year 2012/13 was approved on September 27, 2012 with the adoption of Resolution No. 588-2012. City Center Redevelopment Area expenses include community policing initiatives in City Center to continue to provide enhanced levels of staffing and services throughout the area, capital projects and maintenance of RDA capital projects. Administrative Expenses comprising a management fee allocated to the General Fund to pay for direct and indirect staff support for the RDA; operating expenses; aset aside for on-going planning and consulting work related to the Convention Center expansion master plan; capital renewal and replacement projects under $25,000. The City Center Redevelopment Area also annually assumes the combined debt service on the 2005 Series Bonds and the Parity Bonds accounts for approximately $8.4 Million annually. City Center also continues assuming debt service payments on the portion of the Gulf Breeze Loan used to pay for the Bass Museum expansion and renovation, and the portion of the Sunshine State Loan Program used for Lincoln Road improvements. The revenues and expenses associated with operations of the Pennsylvania Avenue Shops and Garage and the Anchor Shops and Parking Garage are also included in the City Center Redevelopment Area. The amendment to the operating budget for City Center Redevelopment Area is being done to address increased expenses relating to the Convention Center Enhancement and Expansion Project, which will be offset with increased resort tax revenue. Advisory Board Recommendation: I N.A. Financial Information· Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: The amendment to the operating budget for City Center Redevelopment Area is being done to address increased expenses relating to the Convention Center Enhancement and Expansion Project, which will be offset with increased resort tax revenue. City Clerk's Office Legislative Tracking: Max Sklar, Ext. 6116 Si n-Offs: RDA Budget Director -,.......-. .......__ MIAMI BEACH AGENDA bTE.M ____;/:.-B;:;___ __ DA l'E --=..~---'-S::::....-----'1~$- I ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: REDEVELOPMENT AGENCY MEMORANDUM Chairperson and Members of the Miami June 5, 2013 \ \ A RESOLUTION SETTING A PUBLIC H ARING TO CONSIDER A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF T E MIAMI BEACH REDEVELOPMENT AGENCY ADOPTING AND APPROPRIATING THE FIRST AMENDMENT TO THE OPERATING BUDGET FOR THE CITY CENTER REDEVELOPMENT AREA, FOR ADDITIONAL REVENUE IN FISCAL YEAR 2012/13. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Improve the City's financial health and maintain overall bond rating. ANALYSIS The budget for the City Center Redevelopment Area (RDA) for Fiscal Year 2012/13 was approved on September 27, 2012 with the adoption of Resolution No. 588-2012. City Center Redevelopment Area revenue sources include City and County Tax Increment, Resort Tax contributions; a ~mill levy set aside for the Children's Trust pursuant to an lnterlocal Agreement, dated August 16, 2004 between the RDA, the City of Miami Beach and Miami-Dade County; and an estimate interest income. City Center Redevelopment Area expenses include community policing initiatives in City Center to continue to provide enhanced levels of staffing and services throughout the area, capital projects and maintenance of RDA capital projects. Administrative Expenses comprising a management fee allocated to the General Fund to pay for direct and indirect staff support for the RDA; operating expenses; aset aside for on-going planning and consulting work related to the Convention Center expansion master plan; capital renewal and replacement projects under $25,000. The City Center Redevelopment Area also annually assumes the combined debt service on the 2005 Series Bonds and the Parity Bonds accounts for approximately $8.4 Million annually. City Center also continues assuming debt service payments on the portion of the Gulf Breeze Loan used to pay for the Bass Museum expansion and renovation, and the portion ofthe Sunshine State Loan Program used for Lincoln Road improvements. The revenues and expenses associated with operations of the Pennsylvania Avenue Shops and First Amendment to the FY 2012113 Operating Budget for City Center Redevelopment Area June 5, 2013 Page 2 of2 Garage and the Anchor Shops and Parking Garage are also included in the City Center Redevelopment Area. The amendment to the operating budget for City Center Redevelopment Area is being done to address increased expenses relating to the Convention Center Enhancement and Expansion Project, which will be offset with increased resort tax revenue. CONCLUSION The Executive Director recommends adopting the Resolution and setting the public hearing. JLM/KGB/MS/ T:\A.GENDA\2013\June 5\RDA First Amendment 2012-13 Memo.doc RESOLUTION NO. ____ _ A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY ADOPTING AND APPROPRIATING THE FIRST AMENDMENT TO THE OPERATING BUDGET FOR THE CITY CENTER REDEVELOPMENT AREA, FOR ADDITIONAL REVENUE IN FISCAL YEAR 2012/13. WHEREAS, the City Center Redevelopment Area Budget for Fiscal Year 2012/13 was adopted on September 27, 2012 via Resolution No. 588-2012; and WHEREAS, the proposed City Center Redevelopment Area Budget reflects anticipated construction project costs in addition to operating and debt service costs for the fiscal year; and WHEREAS, the proposed budgets for the Anchor Shops and Parking Garage and the Pennsylvania Avenue Shops and Garage have been included as separate schedules to the City Center Redevelopment Area Budget, reflecting projected revenues and operating expenses for the fiscal year; and WHEREAS, the Executive Director recommends adopting the Resolution setting a public hearing to adopt and appropriate a First Amendment to the RDA Budget to reflect increase expenditures relative to the Convention Center Enhancement and Expansion Project, which will be offset with increased resort tax revenue. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, that the Chairperson and Members hereby set a public hearing to consider a resolution of the Chairperson and Members of the Miami Beach Redevelopment Agency adopting and appropriating the first amendment to the operating budget for the City Center Redevelopment Area, for additional revenue in Fiscal Year 2012/13. PASSED AND ADOPTED THIS 5TH DAY OF JUNE, 2013. ATTEST: SECRETARY T \AGENDA\2012\sep2012\RDA Budget Amendment Reso doc CHAIRPERSON ( APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION