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R7E-Adopt Final 13-14 PTP Budget And S Beach Concurrency Mitigation FundsCOMMISSION ITEM SUMMARY Condensed Title: A Resolution Adopting The Final Budget Of$1,200,000 From FY 2013/14 People's Transportation Plan (PTP) Funds, And $87,000 From FY 2013/14 Concurrency Mitigation Funds To Fund The Final Operating Budget For The South Beach Local (SBL}; And Further Adopting The Final Budget of $301 ,000 From FY 2013/14 PTP Funds For Administrative And Technical Operating Expenditures, Key Intended Outcome Supported: Enhance mobility throughout the City. Supporting Data (Surveys, Environmental Scan, etc.): According to the 2012 Community Satisfaction Survey, 49% of all respondents reported a willingness to use "local bus circulators" as an alternative to driving. Issue: I Shall the Mayor and City Commission approve the Resolution? Item Summa /Recommendation: Under the provisions of an I nterlocal Agreement {I LA), Miami-Dade County (County) has been operating a bi-directional transit circulator service in Miami Beach known as the "South Beach Local" (SBL) since September 25, 2005. The initial SBL ILA expired on October 11, 201 0; however, Miami-Dade Transit (MDT) continued to provide service after the expiration of the SBL ILA under the same terms and conditions until the execution of the revised ILA on January 2012. Pursuant to the terms of the current ILA for provision of SBL services, the Administration proposes to appropriate for FY 2013/14, as follows: $1,200,000 FY 2013/14 PTP Funds $ 87,000 FY 2013/14 South Beach Concurrency Mitigation Funds $1,287,000 FY 2013/14 Miami Beach Share for SBL Service Up to five percent (5%) of PTP funds received may be budgeted for administrative purposes. An unlimited amount may be budgeted for technical assistance. Administrative and technical operating PTP funding for FY 2013/14 is recommended in the amount of $301,000. The total amount of Concurrency Mitigation Funds to be budgeted in FY 2013/14 is $87,000 for operating expenses associated with the SBL service. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: I None. Financial Information: Source of Amount Account Funds: 1 $1,200,000 187.8000.312910 (FY 2013/14 PTP) I !:1@1 2 $ 87,000 158.6217.000335 (CMF/S.Beach) 3 $ 301,000 187.8000.312910 (FY 2013/14 PTP) Total $1,588,000 Financial Impact Summary: City Clerk's Office Legislative Tracking: Jose R. Gonzalez Transportation Manager, Ext. 6768 n-Offs: Department Director ETC T:\AGENOA\2013\September 11\P Operating Funds FY 14 SUMM.doc MIAMI BEACH 197 AGENDA ITEM ---=R_7_;;;f;.__ DATE f(-3()-13 C9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov ISSION MEMORANDUM TO: Mayor Matti Herrera-Bower and M FROM: Jimmy L. Morales, City Manager \~--_,.... SECOND READING DATE: September 30, 2013 PUBLIC HEARING SUBJECT: A RESOLUTION OF THE MAY R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FINAL BUDGET OF $1,200,000 FROM FISCAL YEAR 2013/14 PEOPLE'S TRANSPORTATION PLAN FUNDS AND $87,000 FROM FISCAL YEAR 2013/14 SOUTH BEACH CONCURRENCY MITIGATION FUNDS, TO FUND THE OPERATING BUDGET FOR THE SOUTH BEACH LOCAL IN MIAMI BEACH; AND FURTHER ADOPTING THE FINAL BUDGET OF $301,000 FROM FISCAL YEAR 2013/14 PEOPLE'S TRANSPORTATION PLAN FUNDS FOR ADMINISTRATIVE AND TECHNICAL OPERATING EXPENDITURES, AS PART OF THE FIVE PERCENT (5%) ALLOWABLE FOR ADMINISTRATIVE ASSISTANCE AND TECHNICAL ASSISTANCE. ADMINISTRATION RECOMMENDATION This item was approved by City Commission on First Reading on September 11, 2013. The Administration recommends adopting the resolution on Second Reading. FUNDING Funding to be budgeted for the FY 2013/14 operating budget for the South Beach Local (SBL) in Miami Beach in the amount of $1,287,000 as follows: FY 2013/14 People's Transportation Plan (PTP) Funds in the amount of $1,200,000 and FY 2013/14 South Beach Concurrency Mitigation Funds in the amount of $87,000. Funding to be budgeted for FY 2013/14 administrative and technical assistance in the amount of $301,000 from FY 2013/14 PTP Funds. BACKGROUND On November 5, 2002, Miami-Dade County voters approved the levying of a one-half of one percent discretionary surtax on transactions occurring in the County that are subject to the state tax imposed on sales. This surtax is known as the Charter County Transportation Surtax. Twenty percent (20%) of the proceeds of this surtax are to be distributed directly to municipalities on a pro-rata basis. These funds are known as People's Transportation Plan (PTP) Funds for use on local transportation and transit projects. The City entered into an lnterlocal Agreement with Miami-Dade County on August 13, 2003 in order to receive its pro- rata share of the County's PTP Funds. Pursuant to the lnterlocal Agreement, a minimum of 20% of the City's PTP share must be allocated specifically for transit projects. If not used for transit services, the 20% share of PTP funds would need to be be returned to the County. 198 Commission Memorandum -FY 14 PTP Operating Funds September 30, 2013 Page 2 of4 ANALYSIS South Beach Local Operating Budget On June 8, 2005, the City Commission adopted Resolution No. 2005-25934, which authorized the execution of an lnterlocal Agreement (I LA} with Miami-Dade County for the operation of a bi- directional transit circulator service in Miami Beach to be known as the "South Beach Local" (SBL). The SBL service commenced on September 25, 2005 and replaced both the City's Electrowave Shuttle Service and Miami-Dade Transit's (MDT) Route W, serving the entire South Beach community. Under the terms of the lnterlocal Agreement, MDT became the provider of bus shuttle services on South Beach in lieu of the previous provider, the Miami Beach Transportation Management Association. MDT has provided an expanded level of service at significantly less cost to the City as a result of the City and County combining and coordinating transit resources instead of competing for the same ridership. The partnership with MDT allows the City to comply with the requirement of the PTP Surtax to expend a minimum of 20% of the City's PTP share on transit purposes. On October 19, 2011, the City Commission adopted Resolution No. 2011-27773 approving a revised lnterlocal Agreement between Miami-Dade County and the City for the continued provision of the South Beach Local service operated by MDT. Under the provisions of the current lnterlocal Agreement executed on January 2012, Miami-Dade County and the City agreed to the following new terms and conditions: 1. City will maintain the current level of funding contribution of $1,213,121 for operating assistance in the initial year. 2. MDT will contribute the balance of operating and maintenance funds in the amount of $1 ,938,879 in the initial year. 3. MDT will maintain the current headways of 13 minutes during the peak hours and 20 minutes during off-peak times. 4. MDT will continue service to Belle Isle. 5. City's contribution will be adjusted in subsequent fiscal years in accordance with the Miami-Ft. Lauderdale CPI Transportation Index or 3%, whichever is less. 6. Service will terminate at midnight rather than 1:00 AM due to low ridership during that time period. PTP Administrative and Technical Assistance Pursuant to Miami-Dade County Code Section 29-124 (Ordinance 02-116), up to five percent (5%) of PTP funds received may be budgeted for administrative assistance (See Attachment A- Ordinance 02-116). An unlimited amount may be budgeted for technical assistance. Administrative and technical operating expenditures in the amount of $301,000 to be budgeted with PTP funding are depicted in Attachment 8 -"FY 2014 PTP Operating Budget". A percentage of the salaries of the Public Works Transportation Division staff qualify as administrative and technical assistance. Administrative assistance provided by the Transportation Manager includes but is not limited to the following responsibilities: overall management of PTP funding; allocation of PTP funding to the various projects; capital budget preparation; review of all PTP documents; attendance at PTP workshops and meetings at Miami-Dade County; representing City of Miami Beach on transportation boards committees at the state and local level and coordination with various state, county, and local agencies on all 199 Commission Memorandum -FY 14 PTP Operating Funds September 30, 2013 Page 3 of4 PTP funded projects. Technical assistance provided by the Transportation Manager includes but is not limited to the following responsibilities: overall management of all PTP projects, including the Atlantic Greenway Network Master Plan Update, the City's Transportation Master Plan, and the North-Middle Beach Circulator Project; review of studies, plans, and other documents on all PTP funded projects. Administrative assistance provided by the Transportation Coordinator includes but is not limited to the following responsibilities: assisting the Transportation Manager with managing PTP funding; preparing all PTP documents including the Five Year PTP Plan, Quarterly Reports, Commission items, internal memos, Letters to the Commission, and correspondence to Miami- Dade County; assisting with Miami-Dade County's audit of PTP funds; tracking all PTP fund expenditures; tracking PTP revenue on a monthly and yearly basis; and preparing reconciliations of PTP funds. Technical assistance provided by the Transportation Coordinator includes but is not limited to the following responsibilities: assisting the Transportation Manager with managing PTP funded projects; reviewing plans and other documents on all PTP funded projects; coordinating with various state, county, and local agencies on all PTP funded projects; and development of design plans for PTP funded projects. The salary figures and percentages indicated in the Fiscal Year 2014 PTP Operating Budget (Attachment B) are directly in support of the PTP program. FY 2013/14 PTP and Concurrency Mitigation Fund Budgets The total projected amount of PTP funds to be budgeted in FY 2013/14 is $3,230,000, of which $1,501,000 is for operating expenses (for the South Beach Local and administrative and technical expenses) and $1,729,000 is for capital projects (to be allocated via a separate Commission Resolution). The total amount of Concurrency Mitigation Funds to be budgeted in FY 2013/14 is $87,000 for operating expenses associated with the SBL service. These budgets are itemized below: Total FY 2013/14 PTP Budget: $1 ,200,000 South Beach Local Circulator Operating Expense (To be budgeted via this Resolution) $ 301,000 Administrative and Technical Expenses (To be budgeted via this Resolution) $1,729,000 Capital Projects (To be budgeted via separate Resolution) $3,230,000 Total FY 2013/14 PTP Fund Budget Total FY 2013/14 Concurrency Mitigation Fund Budget: $ 87,000 South Beach Local Circulator Operating Expenses (To be budgeted via this Resolution) $ 87,000 Total FY 2013/14 Concurrency Mitigation Fund Budget 200 Commission Memorandum -FY 14 PTP Operating Funds September 30, 2013 Page 4 of4 CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Resolution approving the final budget of $1,200,000 from FY 2013/14 PTP funds and $87,000 from FY 2013/14 South Beach Concurrency Mitigation Funds to fund the operating budget for the South Beach Local in Miami Beach; and further adopting the final budget of $301 ,000 from FY 2013/14 PTP funds for administrative and technical operating expenditures, as part of the five percent (5%) allowable for administrative assistance and technical assistance. The remaining $1,729,000 in PTP funds would be allocated to Capital Projects via a separate Commission Resolution. Attachments: A. Ordinance 02-116 B. FY 2014 PTP Operating Budget C. Estimated Municipal Transportation Surtax Funds Distribution (Projected for FY 2014) n~'2b KGB/~JRG T:IAGENDA\2013\September 30\PTP Operating Funds FY 14 MEMO 9"30.doc 201 I . I I I I ! ' t Attachment A. ARTICLE XVI. ONE HALF OF ONE PERCENT CHARTER COUNTY TRANSIT SYSTEM SALES SURTAX AUTHORIZED BY ~ECTION 212,055(1) FLORIDA STATUTES (2001) Sec. 29·121. Sales surtax levied. There Is hereby levied and Imposed a one half of one percent discretionary sales surtax authorized by Section 212.055(1 ), Florlda Statutes (2001) on all transactions occurring In Mlami~Dade County which tr~;~nsaotlons are subject to the state tax Imposed on sales, use, rentals, admissions and other transactions by Chapter 212, Florida Statutes (2001 ). (Ord. No. 02-116, § 1, 7 ·9-02) Sec. 29·122. Surtax rate, limitations. The surtax rate shall be one-half of one percent on the amount of taxable sales and taxable purchases representing such transactions. The limitations, condltlons and provisions contained In Seotlon 212.064, Florida Statutes {2001) as the same may be amended and supplemented from ttme to time are hereby Incorporated herein. (Ord. No. 02·116, § 1, 7·9~02) Sec. 29·122.1. Exemption fl'om Sales Surtax. All exemptions applicable to the discretionary sales surtax contained In Chapter 212, Florida Statutes are hereby Incorporated herein as the same may be amended and supplemented from time to time Including, but not limited to, the following: 1. The sales amount above $6,000 on any Item of tangible personal property shall not be subject to the surtax. However, charges for prepaid calling arrangements, as defined In Sectlon 212.05(1) (e)1.a. Fla. Stats., shall be subject to the surtax. For purposes of administering the $5,000 limitation of an Item of tanglble personal property, If two or more taxable Items of tangible personal property are sold to the same purchaser at the same time and, under generally accepted business praotloe or Industry standatds or usage, are normally sold In bulk or are Items that, when assembled, comprise a working unit or part of a working unit, such Items must be considered a single Item for purposes of the $5,000 limitation when supported by a charge floket, sale slip, Invoice, or other tangible evidence of a single sale or rental. 2. The sale at retail, the rental, the use, the consumption, the distribution, and the storage to be used or consumed lh this state of the following are hereby specifically exempt from the sales surtax Imposed by this· article. (1) Exemptions; Genere/ Grooeries. (a) Food products for human consumption are exempt from the sales surtax Imposed by this article. (b) For the purpose of this article, as used In this -subsection, the term "food produotsn means edible commodities, whether processed, cooked, raw, canned, or in any other form, which are generally regarded as food. This Includes, but is not limited to, all of the following: 1. Cereals and cereal products, baked goods, oleomargai'lne, meat and meat products, fish and seafood products, frozen foods and dinners, poultry, eggs and egg products, vegetables and vegetable products, fruit and fruit products, spices, salt, sugar and sugar products, milk and dairy products, 202 and products Intended to be mixed with mllk. 2. Natural fruit or vegetable juloes or their oonoentrates or reconstituted natural ooncentrated fruit or vegetable juices, whether frozen or unfrozen, dehydrated, powdered, granulated, sweetened or unsweetened, seasoned with salt or spice, or unseasoned; coffee, coffee substltutes 1 or coooa; and tea, unless It Is sold In a llqul? form. 3. Bakery products sold by bakeries, pastry shops, or like establishments that do not have eating facilities. (a) The exemption provided by this subsection does not apply: 1. When the food products are sold as meals for consumption on or off the premises of the dealer. 2. When the food, products are furnished, prepared, or served for oonsumptlon_at ta.bles,_ chairs, .OJ counJars _pr from trays,. glasse~. ~ll~hes, or: other tableware, whether provided by the dealer or by a person with whom the dealer contracts to furnlsh 1 prepare, or serve food products to others. 3. When the food products are ordinarily sold for Immediate consumption on the seller's premises or near a location at which parking faollltles are provided primarily for the use of patrons In consuming the products purchased at the looatlon~ even though such products are sold on a 1'tal<e out" or "to go'' order and are actually packaged or wrapped and taken from the premises of the dealer, 4. To sandwiches sold ready for Immediate consumptlon on or off the seller1s premises. 6. When the food products are sold ready for Immediate consumption within a place, the entrance to whfch Is subject to an admission charge. 6. When the food products are sold as hot prepared food products. 7. To soft drinks, which Include, but are not limited to, any nonalcoholic beverage, any preparation or beverage commonly referred to as a "soft drink," or any noncarbonated drink made from milk derivatives or tea, when sold In cans or similar containers. 8. To loe cream, frozen yogurt, and similar frozen dairy or nondelry products In cones, small cups, or pints, popsioles, frozen fruit bars, or other novelty Items, whether or not sold separately. 9. To food prepared, whether on or off the p'remlses, and sold for immediate consumption. This does not apply to food prepared off the premises and sold in the original sealed container, or the sllolng·of products into smaller portkms. 10. When the food products are sold through a vending machine, pushcart, motor vehicle, or any other form of vehicle. 11. To candy and any similar product regarded as candy or confection, based on Its normal use, as Indicated on the label or advertising thereof. 12. To bakery products sold by bakeries, pastry shops, or like establishments that have eating facilities, except when sold for consumption off the seller's premises, 13. When food products are served, prepared, or sold In or by restaurants, lunch counters, cafeterias~ hotels, tavems, or other llke places of business, (d) As used In this subsection (1 ), the term: 1. "For consumption off the seller's premises" means that the food or drink 203 ' . ' Is Intended by the customer to be oohsurned at a place away from the dealers premises. 2. "For consumption on the seller's prerntses~r means that the food or drink sold may be Immediately consumed on the premises where the dealer conducts his or her business. In determining whether an Item of food Is sold for Immediate consumption, there shall be considered the customary consumption practices prevailing at the selling facility. 3. "Premises'' shall be construed broadly, and means, but Is not limited to, the lobby, aisle, or auditorium of a theater; the seating, aisle, or parking area of an arena, rink, or stadium; or the parking area of a drlve~ln or outdoor theater. The premises of a caterer with respect to catered meals or beverages shall be the place where suoh meals or beverages are served. 4. "Hot prepared food products" means those products, Items, or components which have been prepared for sale In a heated condition and whicti are -sold arany temperature that Is nigher than tlie air temperature of the room or place where they are sold. ''Hot prepared food products," for the purposes of this subsection, Includes a combination of hot and cold food Items or components where a single price has been established for the combination and the food products are sold In such combination, such as a hot meal, a hot specially dish or serving, or a hot sandwich or hot pizza, Including cold components or side Items. (e) 1, Food or drinks not exempt under paragraphs (a), (b), (o), and (d) shall be exempt, notwithstanding those paragraphs, when-purchased with food coupons or Special Supplemental Food Program for Women, Infants, and Children vouchers Issued under authority of federal law. 2. This paragraph (e) Is effective only while federal law prohibita a state's participation In the federal food coupon program or Special Supplemental Food Program for Women, Infants, end Children If there Is an official determination that state or looal sales texas are collected within that state on purchases of food or drinks wllh such coupons. 3. This paragraph (e) shall not apply to any food or drinks on which federal law shall permit sales taxes without penalty, such as termination of the state's participation. (2) Exemptions mad/cal. (a) There shall be exempt from the sales surtax Imposed by this article any medical products and supplies or medicine dispensed according to an Individual prescription or prescriptions written by a prescriber authorized by law to presorlba medicinal drugs; hypodermic needles; hypodermic syringes; ohemloal compounds and test i<lts used for the diagnosis or treatment of human disease, Illness, or injury; and common household remedies recommended and generally sold for Internal and extemal use In the cure, mitigation, treatment, or prevention of Illness or disease 1n human belngs 1 but not Including cosmetics or toilet articles, .notwithstanding the presence of msdlclnel Ingredients therein, according to a list prescribed and approved by the Department of Health, which list shall be oartlfled to the Departmeht of Revenue from time to tirne and Included In the rules promulgated by the Department of Revenue. There shall also be exempt from the sales surtax Imposed by this article artificial eyes and limbs; orthopedic shoes; prescription eyeglasses and items Incidental thereto or which beoome a part thereof; dentures; hearing aids; crutches; prostheUc and orthopedic appliances; and funerals. In addition, any Items Intended for one-time use which transfer essential optical characteristics to contact lenses shall be exempt frorn the sales surtax Imposed by this article, however, this exemption shall apply only after $100 1000 of the sales surtax Imposed by this article on such Items has been paid In any calendar year by 204 a taxpayer who olalms the exemption In such year. Funeral directors shall pay tax on all tangible personal property used by them In their business. (b) For the purposes of this subsection (2}: 1. MProsthetlc and orthopedic app!lances" means any apparatus, Instrument, device, or equipment used to replaoe or substitute for any missing part of the body, to alleviate the malfunction of any part of the body, or to assist any disabled person In leading a normal life by facilitating such person's mobility. Suah apparatus, Instrument, device, or equipment shall be exempted according to an Individual prescription or prescriptions written by a physician licensed under chapter 458, chapter 459, chapter 460, chapter 461, or chapter 466, Florida Statutes, or according to a list prescribed and approved by the Department of Health, whloh list shall bs oertlflsd to the Department of Revenue from time to time and included In the rules promulgated by the Department of Revenue. 2. "Cosmetics'' means -articles-Intended-to be ·ruboed,·poured, ·sprinkled, or sprayed on, Introduced Into, or otherwise applied to the human body for cleaning, beautifying, promoting attractiveness, or altering the appearance and also means artlolea Intended for use as a oompound of any such articles, Including, but not limited to, cold creams, suntan lollona, makeup, and body lotions. 3. "Toilet articles" means any article advertised or held out for sale for grooming purposes and those articles that are customarily used for grooming purposes, regardless of the name by which they may be known, Including, but not limited to, soap, toothpaste, hair spray, shaving products, colognes, perfumes, shampoo, deodorant, and mouthwash. 4. ,Prescription" Includes any order for drugs or medicinal supplies written or transmitted by any means of communication by a quly licensed pracHtloner authorized by the laws of the state to prescribe such drugs or medicinal supplies and lntendBd to be dispensed by a pharmacist The term also Includes an orally transmitted order by the lawfully designated agent of such praotltlr:mer. The term also Includes an order written or transmlt~ed by a practitioner licensed to practice In a jurisdiction other than this state, but only If the pharmacist called upon to dispense such order determines, In the exercise of his or her professional judgment, that the order Is valid and necessary for the treatment of a chronic or recurrent Illness, The term also Includes a pharmacist's order for a product -selected from the formulary created pursuant to Sec, 465.186 Fla, State. A prescription may be retained In written form, or the pharmacist may cause It to be recorded In a data processing system, provided that such order can be produced In printed form upon lawful request. (o) Chlorine shall not be exempt from the tax Imposed by this article when used for the treatment of water In swimming pools. (d) Llthotrlpters are exempt. (e) Human organs e.re exempt. (f) Sales of drugs to or by physicians, dentists, veterinarians, and hospitals In connection with medical treatment are exempt. (g) Medical products and supplies used In the cure, mitigation, alleviation, prevention, or treatment of Injury, disease, or Incapacity which are temporarily or permanently Incorporated Into a patient or ollent by a practitioner of the healing arts licensed In the state are exempt. (h) The purchase by a veterinarian of commonly recognized substances. possessing curative or remedial properties which are ordered and dispensed as 205 treatment for a diagnosed health disorder by or on the presorlptlon of a duly licensed veterinarian, and whloh are applied to or consumed by animals for alleviation of pain or the cure or prevention of sickness, disease, or suffering are exempt. Also exempt are the purchase by a veterinarian of antiseptics, absorbent cotton, gauze for bandages, lotions, vitamins, and worm remedies. (I) X-ray opaques, also known as opaque drugs and radiopaque, such as the various opaque dyes and barium sulphate, when used In connection with medloal X rays for treatment of bodies of humans and animals, are exempt. (J) Parts, special attachments, special lettering, and other like Items that are added to or attached to tangible personal property so that a handicapped person can use them are exempt when such Items are purchased by a person pursuant to an Individual prescription. (k) This subseotlon (2) shall be str!otly construed and enforced. -(Ord. No. 02-116, § 1, 7-9-02) Sec. 29·123. Administration, collection and enforcement. The Florida Department of Revenue shall adm1nlster1 collect and enforce the surtax levied hereunder pursuant to the procedures epeolfled In Sec. 212.064(4) Fla. Stats. (2001) as the same may be amended or renumbered from time to time. (Ord. No. 02-116, § 1, 7-9-02) Sec, 29"124. Special fund created; uses of surtax proceeds; and role of Citizens' Independent Transportation Trust. The surtax proceeds oolJeotad by. the State and distributed hereunder shall be deposited In a speolal fund set aside from other County funds In the custody of the Flnal'lOe Director of the County. Moneys In the special fund shall be expended for the transportation and transit projects (Including operation and maintenance thereof) set forth In Exhibit 1 to this article (Including those projeots referenced In the ballot question presented to the electors to approve this levy), subject to any amendments thereto made In aooordanos with the MPO prooess or made In accordance with the procedures specified In subsection (d) of this Section. Expenditure of surtax proceeds shall be subject to the following limitations: (a) Surtax· prooaeds shall be applied to expand the Golden Passport Program to all persons (regardless of income level who are over the age of 65 or are drawing Soolal Security benefits, !:lnd to provide fare-free public transportation aervloe on Metro mover~ Including extensions. (b) Surtex proceeds may only be expended for the transportation and transit purposes specified In Seatlon 212,066(1)(d)1--3 Fla. Stats. (2001). (c) The County shall not expend more than five percent of the County's share of surtax proceeds on admlnlstratlve costa, exclusive of project management and oversight for projects funded by the surtax. (d) The County Commission shall not delete or materially change any County project contained In the list attached as Exhibit 1 to this article nor add any projeot to the list except In accordance with the procedures sat forth In this subsection (d). A proposed delellon, materiel change or addition of a County project shall be Initially reviewed by the Citizens• Independent Transportation Trust ( 11 Trust11 )1 which shall forward a recommendation thereon to the County Commission. The County Commission may either accept or reject the Trust 1S recommendation, If the County Commission rejects the recommendation, the matter shall be referred back to the Trust for Its reconsideration and Issuance of a reconsidered reoomrrumdatlon __ Jo . .Jh~L C.ounty_ __ .Commission. The County Commission may approve, change or reject the Trust's reconsidered recommendation. A twowthlrds vote of the Commission membership shall be required to take action other than as contained In the 206 reconsidered recommendation of the Trust. The foregoing notwithstanding, the list of County projects contained In E:xhlblt 1 may be changed as a result of the MPO process as mandated by federal and slate law. (e) No surtax proceeds may be used to pay the costs of a contract awarded by action of the County Commission until such aotlon has become final (either by expiration of ten days after such aotlon without veto by the Mayor, or by Commission override of a veto) and either: I) the Trust has approved same: or, II) In response to the Trust's disapproval, the County Commission re-affirms Its award by two-thirds ( 2/3) vote of the Commission's membership. The bid documents for all County contracts funded In whole or In part with surtax proceeds shall provide that no award shall be effective and no contractual relationship shall arise with the County unless and until approved by the Trust or re-affirmed by the County Commission as pr?vlded In this subsection. The foregoing notwithstanding, awards of contracts for services In support of the administration of the Trust ot In support of the Trust's oversight function shall no1 require County Commission or Trust approval, so long as the Individual contract amount does not exceed one thousand dollars ($11000). _ (f) . On .a .quarterly basis, the Executive Director of the CITT shall submit a written report to the Commission, the Mayor and the Manager of all expenditures made pursuant to Section 29-124 herein. (g) Twenty peroetJ.t of surtax proceeds shall be distributed annually to those oltlas existing as of November 6, 2002 that meet the following condltlons: (I) That continue to provide 1he same level of general fund support for transportation that Is In their FY 2001·2002 budget In subsequent Fiscal Years. Any surtax proceeds recelvsd shall be applied to supplement, not replace a olty1s general fund support for transportation; (II) That apply 20 percent of any surtax proceeds received to transit uses In the nature of circulator buses, bus shelters, bus pullout bays or other transit-related Infrastructure. Any city that oennot apply the 20 percent portion of surtax proceeds It receives as provided In the preceding sentence, may oontraot with the County for the County to apply such proceeds on a County project that enhances traffic mobility within that olty and Immediately adjacent areas. If the olty cannot expend such proceeds in accordance with either of the preceding sentences, then suoh prooeeda shall carry over and be added to the overall portion of surtax proceeds to be distributed 1o the cities In the en:;~ulng year and shall be utilized solely for the transit uses enumerated In this subsection (II); and (Ill) Surtax proceeds distributed amongst the existing cities shall be dlstrlbuted on a pro rata basis based on the ratio such city's population bears to the total population In all such cities {as adjusted annually In accordance with the Estimates of Population prepared by the Bureau of Economic and Business Research of the University of Florida). annually to those cities that oontlnue to meet the foregoing conditions. For purposes of the foregoing~ whenever an annexation ooours In an exlstlhg city, the number of persons residing In such annexed area at the time It Is annexed shall be excluded from all calculations. lnoreases In population In area~:~ anne~ed over and above the population In such area et the time of annexation which occur after annexation shaH be Included In subsequent years' · oaloulatlons, (lv) that do not expend more than 5% of "Its municipal share of surtax proceeds on administrative costs, exclusive of project management and oversight for projects funded by the surtax. Administrative costs shall be defined as overhead expenses whloh are not readily attributable to any one particular project funded In w~ole or In part by transit surtax funds. (h) Newly Incorporated municipalities shall have the right to negotiate with the County for a pro rata share of the sales surtax, taking Into consideration the neighborhood and municipal projects Identified ·In Exhibit 1, as amended, within the boundaries of the new munlolpalltles. The prEloedlng sentence shall not affect the twenty (20) percent share provided herein for municipalities existing on November 51 2002. (Ord. No. 02~116, § 1, 7-9-02; Ord. No. 06·136, § 1, 9-26w06i Ord. No·. 07·561 § 1, 4"24-07) 207 Attachment B FY2014 PTP Operating Budget PTP Administrative Support-Eligible expense NTE 5% Transportation Coordinator Salary (50%) Health Ins. (50%) Transportation Manager Salary (15%) Health Ins. (15%) Social Security Pension Total-PTP Administrative Support PTP Technical Support Transportation Coordinator Salary (25%) Health Ins. (25%} Transportation Manager Salary (30%) Health Ins. (30%) Social Security Pension Sub-Total Professional Services Total -PTP Technical Support GRAND TOTAL 208 FY 2014 Budget 35,966 2,040 15,432 16 1,000 16,000'- 70,454 17,737 911 30,865 33 1,000 16,000 66,546 164,000 230,546 301,000 Attachment C Estimated Municipal Transportation Surtax Funds Distribution Projected for FY14 •• Amount• $ 220 000 000 ' Jurisdiction Population % Population 20% 20% Transit Share 80% Transportation Apr-12 ... $ 44,000,000 Share Aventura 37,239 3.037% $1,336,376 267,275 1,069,101 Bal Harbour VIllage 2,976 0.243% $106,798 21,360 85,438 Bay Harbor Islands 5,755 0.469% $206,527 41,305 165,221 Biscayne Park 3,099 0.253% $111,212 22,242 88,970 Coral Gables 47,885 3.906% $1 '718,423 343,685 1,374,739 El Portal 2,361 0.193% $84,728 16,946 67,782 Florida City 11,850 0.966% $425,255 85,051 340,204 Golden Beach 924 --·-0.075% - . $33;159 --. 6,632-. 26,527 Hialeah 227,380 18.545% $8,159,864 1,631,973 6,527,892 Hialeah Gardens 21,950 1.790% $787,708 157,542 630,166 Homestead 63,290 5.162% $2,271,254 454,251 1,817,003 Key Biscayne 12,402 1.012% $445,064 89,013 356,051 Indian Creek Village 92 0.008% $3,302 660 2,641 Medley 856 0.070% $30,791 6,158 24,632 Miami 414,700 33.823% $14,882,117 2,976,423 11,905,694 Miami Beach 90,097 7.348% $3,233,263 646,653 2,586,610 Miami Lakes 29,448 2.402% $1,056,785 211,357 845,428 Miami Shores 10,342 0.843% $371,138 74,228 296,910 Miami Springs 14,03( 1.145% $503,738 100,748 402,991 North Bay Village 7,524 0.614% $270,010 54,002 216,006 North Miami 59,485 4.852% $2,134,706 426,941 1,707,765 North Miami Beach 42,113 3.435% $1,511,287 302,257 1,209,029 Opa-Locka 15,610 1.273% $560,188 112,038 446,150 Palmetto Bay 23,643 1.926% $848,464 169,693 678,771 Pinecrest 16,447 1.505% $661,998 132,400 529,596 South Miami 13,576 1.107% $487,195 97,439 389,756 Sunny Isles Beach 21,395 1.745% $767,791 153,558 614,233 Surfside 5,776 0.471% $207,280 41,456 165,624 Sweetwater 13,417 1.094% $481,489 96,298 385,191 Virginia Gardens 2,394 0.195% $65,912 17' 162 66,730 West Miami 6,024 0.491% $216,160 43,236 172,944 Total Municipal Participation 1,226,089 100.000% $44,000,000 8,800,000 35,200,000 Unincorporated 1 325,166 Total Miami-Dade 2,551,255 New Cities Cutler Bay Miami Gardens Dora I Per Capita Amount $35.89 $35.69 $35.69 Population 41,441 107,147 47,529 Transfer $1,487,171 $3,845,127 $1,705,648 Total $7,037,946 • Estimate based on Projected Collections for FY 2013 with a 3.5% growth for 2014. •• Estimates assume no change In the distribution amount as per CSICSIHB 1205 and/or changes to Ordinance No. 02-116 . ... Population net of amount annexed. C:\Users\WORKGonJ\AppDataiLocai\Microsoft\Windows\Temporary Internet Files\Content.Outlook\MTPNTP5U\Projected Municipal Payments for FY '14 209 N ~ 0 ·MIAMI HERALD I MiamiHerald.com NE THURSDAY, SEPTEMBER 19, 2013 I 13NE MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF A SPECIAL-CITY COMMISSION MEETING AND PUBLIC HEARINGS NOTICE-IS HEREBY given that a Special Commission Meeting regarding the Second Public Hearings to consider the adoption of the Millage Rate and Budget for FY 2013/2014 will be held by the City Commission of the City of Miami Beach, Florida, on Monday, September 30, 2013, commencing at 5:00 p:m., in the Commission Chambers, 3rd Floor, City Hall, 1700 Convention Canter Drive, Miami Beach, Florida to consider the following: 5:01p.m. A Resolution Adopting: 1) The Final Ad Valorem Millage Of 5.8909 Mills For General Operating Purposes, Which Is Six And Eight-Tenth Percent (6.8%) More Than The "Rolled-Back" Rate Of5.5158 Mills; And 2) The Debt Service Millage Rate Of 0.2529 Mills for Fiscal Year (FY) 2013/14. 5:01p.m. A Resolution Adopting Final Budgets For The General, G.O. Debt Service, RDA Ad Valorem Taxes, Enterprise, And Internal Service Funds For Fiscal Year (FY) 2013/14. 5:02p.m. A Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood Improvement District Adopting The Final Ad Valorem Millage Of 1.2687 Mills For Fiscal Year (FY) 2013/14 For The Normandy Shores Local Government District, Which Is Nineteen Percent (19.0%) More Than The "Rolled-Back" Rate Of 1.0664 Mills. 5:02p.m. A Resolution OfThe Board Of Directors OfThe Normandy Shores Local Government Neighborhood Improvement District Adopting The Final Operating Budget For Fiscal Year (FY) 2013/14. 5:03p.m. A Resolution Adopting The Final Capital Improvement Plan For Fiscal Years (FY) 2013/14-2017/18 And Adopting The Final Capital Budget For FY 2013/14. 5:03p.m. . . A Resolution Adopting Fiscal Year (FY} 2013/14 Finai"Budgets For Special Revenue Funds For Resort Tax; The 7th Street Parking Garage Operations; .The 5th And Alton Parking Garage Operations; Art In Public Places (AiPP). Tourism And Hosp~ality Scholarship Program, Green/ Sustalnabllrty Funds, Waste Hauler Additional Services And Public Benefit Contribution Funds,' Education Compact Funds, Red Ught Camera Funds, And Emergency 911 Funds. 5:03p.m. A Resolution Adopting The Final Budget Of $1,200,000 From Fiscal Year (FY) 2013/14 People's Transportation Plan (PTP) Funds And $87,000 From (FY) 2013/14 South Beach Concurrency Mitigation Funds, To Fund The Final Operating Budget For The South Beach Local In Miami Beach~And Further Adopting The Final Budget Of $301,000 From FY 2013/14 People's Transportation Plan Funds For Administrative And Technical Operating Expenditures, As Part Of The Five Percent (5%) Allowable For Administrative Assistance And Technical Assistance. 5:03p.m. A Resolution Authorizing The Adoption Of The Miami Beach Cultural Arts Council's Fiscal Year (FY) 2013/14 Final Budget In The Amount Of $1,470,000. 5:03p.m. A Resolution Adopting The Fiscal Year (FY) 2013/14 Pollee Special Revenue Account Rnal Budget In The Amount Of $75,000 For The Purchase Of Those Items Set Forth In E~hlblt "A," And Such Account Funded By Unclaimed Evidence Currently Held In The· Police Special Revenue Account. · ,5:03p.m. A Resolution Ado-pting The Police Confiscation Trust Fund Final Budget For Fiscal Year (FY) 2013/14 In The Amount Of $724,000, To Be Funded From State Confiscated Funds In The Amount Of $235,000 And Federal Justice Confiscated Funds In The Amount Of $489,000, For The Appropriation And Expenditure Of Those Items Set Forth In Exhibit "A," Which Shall Be Funded Through The Police Confiscation Trust. 5:03p.m. A Resolution Adopllng The Fiscal Year (FY) 2013/2014 Police Training & School Resources Fund Final Budget In The Amount Of $35,000. 5:03p.m. Resolution Adopting The Second Amendment To Tile Ge11eral Fund, Enterprise, Internal Service Fund, And Spacial Revenue Fund Budgets For Fiscal Year (FV) 2012/13. 5:03p.m. A Resolution Adopting And Appropriating The Fourth Amendment To The Police Confiscation Trust Budget For l0iscal Year 2012/20131n The Amount Of $10,000, To Be Funded From The Proceeds Of State Confiscated Funds, For The Appropriation And Expenditure Of Those Items Set Forth In Exhibit "A," Which Shall 'Be Funded Through The Police Confiscation Trust Fund. 5:04p.m. 1. Ordinanc<3 Amending Chapter 50 Of The City Of Miami Beach Code, Entitled "Fire Prevention And Protection,'' By Amending Section 50-4 Thereof, Entitled "Enforcement By Fire Inspectors; Notice Of Violation." To Add Citations And I[Tlplemenl New Fine Schedule Related To Fire Code Violations; By Amending Section 50-5 Thereof, Entitled "Annual Fire Prevention And Fire Safety Inspection Permit" To Include The Night Inspection Fee Previously Adopted Under Section 102.379 OfT he City Coda. · 2. Ordinance Amending Chapter 102 Of The Code Of The City Of Miami Beacl1, Entitled "Taxation," By Delating The Nightclub Faa Sat Forth In Section 102.379, Entitled "Schedule Of Texas, Effective October 1, 2009". 5:04p.m. Ordinance Amending Chapter 50 Of The Code Of The City Of Miami Beach, Entitled "Fire Prevention And Protection,· By CreatiJlg Section 50-B Thereof, To Be Entitled "Fire Alarms, Regulations, Penalties, Enforcement" To Estab~)sh· • ·~ Requirements And Fines For False Fire Alarms. 5:04p.m. An Ordinance Amending Appendix A, Entitled "Faa Schedule" For Subsection (A) Of Section 110-168, Efitltled "Sanitary Sewer Service Charge," Of Chapter 110 Of The Miami Beach City Coda, Entitled "Utilities," Article IV. Entitled ''Fees, Charges, Rates And Billing Procedure"; Division 2 Thereof, Entitled "Rates, fees And Charges." To Increase The Sanitary Sewer SeiVIce Charge Imposed By The City. 5:04p.m. -Ordif'lance Amending !?art I, Subpa1t Fl. Article IX. Related Special Acts, OfThe Miami Beach City Code Entitled "Pension System For Disability And Retirement Of Members Of Police And Fire Departments"; Implementing Provisions Of The 2012-2015 Collective E)urgalning Agreements Between The City And Fire Fighters Of Miami Beach, IAFF Local151 0, And Miami Beach Fraternal Order Of Police, William Nicllols Lodge No. 8:_ Amending Section _62 Entitled "Definitions"· Amending Section 63 Entitled "Source Of Monies For Fund; Computation Of Liability; Use And Investment Of Fund"; Amending Section 65 Entitled "Computation Of Creditable Service; Serv1ce Record"; Amending SectJon 66 Entitled "Service And Disability Benefits Ge11erally"; Amending Section 67 Entitled "Cost Of Living Adjustment"; Amending Section 79 Entitled "Deferred A9tlrement Option Plan"; Amending Section 82 Entitled "Military Service": Creating A New Section 88 Entitled "Elenefits For Members Hired-On Or After Soptembor 30,2013. RESOLUTION TO BE SUBMITTED 211 THIS PAGE INTENTIONALLY LEFT BLANK 212