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20140930 BMMIAMIBEACH Special City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive September 30,2014 Mayor Philip Levine Vice-Mayor Michael Grieco Commissioner Joy Malakoff Commissioner Micky Steinberg Commissioner Edward L. Tobin Commissioner Deede Weithorn Commissioner Jonah Wolfson City Manager Jimmy L. Morales City Attorney Raul Aguila City Clerk Rafael E. Granado Vrsff us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings. CONSENT AGENDA G4 - Gommission Gommittee Assignments C4A Referral To The Land Use And Development Committee - Additional Modifications To The Land Development Regulations Regarding Unit Size And Lot Coverage Calculations For Accessory Structures Permitted ln Single Family Home Districts, As Part Of The Comprehensive Single Family Revisions Pending Before The Planning Board. (Requested by Commissioner Joy Malakoff) ATTENTION ALL LOBBYISTS Chapter 2, Article VIl, 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 Glerk's Office. Questions regarding the provisions of the Code should be directed to the Office of the City Attorney. Call to Order - 5:00 p.m. 1 Commission Agenda, September 30, 201 4 REGULAR AGENDA R5 - Ordinances RsA Unclassified Salary Ordinance An Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance Of The City Of Miami Beach, Florida, As Follows: Providing For The Classifications ln Group Vll, Comprised Of At-Will Employees Commonly Referred To As "Unclassified Employees"; Deleting The Obsolete Management And Budget Analyst l; Revising The Pay Range For The Director Of The Office Of Communications, Building Records Supervisor And Management And Budget Analyst; Establishing The Following Newly Created Classifications: Emergency Management Director; Deputy Director Parks And Recreation; Management And Budget Manager; Marketing, Tourism And Development Manager; CMBPD Chief Of Staff; lnformation Technology Division Director; Grants Specialist; CMB Media Ambassador; Chief Roofing lnspector And Procurement Contracting Officer; Requiring That The City Commission Be lnformed Whenever An Unclassified Employee ls Hired At An Annual Salary Of $150,000 Or More; And Providing For Repealer, Severability, And An Effective Date. 5:05 p.m. Second Readinq Public Hearinq (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Human Resources) (First Reading on September 17,2014 - RsC) R5B R5C An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach, Entitled "Administration," By Amending Article Vl, Entitled "Procurement," By Amending Division 6, Entitled "Living Wage Requirements For Service Contracts And City Employees," By Amending Section 2-408, Entitled "Living Wage," By Increasing The Living Wage Rate By 3% For Fiscal Year 2014-2015 And Deleting Phase ln Language That ls Outdated Due To The Passage Of Time; Providing For Repealer, Severability, Codification, And An Effective Date. 5:06 p.m. Second Readinq Public Hearinq (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Procurement) (First Reading on September 10,2014 - R5K) An Ordinance Amending Chapter 1 10 Of The Miami Beach City Code Entitled "Utilities," Amending Article lV, Entitled "Fees, Charges, Rates And Billing Procedure;" Amending Division 2, Entitled "Rates, Fees And Charges," By Amending Section 110-166, Entitled" Schedule Of Water Rates And Tapping Charges," And Section 110-168, Entitled "Sanitary Sewer Service Charge," To Adjust Water And Sanitary Sewer Rates By The Same Percentage Enacted By Miami-Dade Water And Sewer Department (WASD); And Also Amending Appendix A To Chapter 1 10, Entitled "Fee Schedule" To lncrease The Water Rates And Sanitary Sewer Service Charges lmposed By The City Pursuant To Sections 1 10-166 And 1 10-168; Providing For Codification, Repealer, Severability, And An Effective Date. 5:07 p.m. Second Readinq Public Hearinq (Sponsored by Commissioner Deede Weithorn) (Legislative Tracking: Public Works) (First Reading on September 10,2014 - RsL) 2 Commission Agenda, September 30, 201 4 R5 - Ordinances (Continued) RsD Transfer Of Variance And Flood Plain Waiver Authority To The Design Review Board And Historic Preservation Board An Ordinance Amending The Land Development Regulations Of The City Code, By Amending Chapter 1 18, "Administrative And Review Procedures," Article Vlll, "Procedure For Variances And Administrative Appeals," Section 118-351, "Determination Of Jurisdiction," Section 118-352, "Procedure;" Article ll, "Boards," Division 3, "Design Review Board," Section 118-71, "Powers And Duties;" Division 4, "Historic Preservation Board," Section 102, "Powers And Duties;" Division 5, "Board Of Adjustment," Section 118-136, "Powers And Duties;" To Amend The Jurisdiction Of The Boards Of Adjustment, Design Review, And Historic Preservation By Authorizing The Design Review And Historic Preservation Boards To Grant Variances Presented ln Applications Within Their Respective Jurisdictions, Amending The Authority Of The Board Of Adjustment To Reflect That Changed Authorization, And To Transfer The Authority Of The Board Of Adjustment Acting As The Flood Plain Management Board To The Design Review And Historic Preservation Boards, To Authorize Such Boards To Grant Variances From The Flood Plain Ordinance For Applications Within Their Respective Jurisdictions; Providing For Repealer; Codification; Severability And An Effective Date (Reconsideration of Effective Date to December 1,20'14). 5:10 p.m. Second Readinq Public Hearinq (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Planning) (Continued from September 17, 2014 - RgC) R5E An Ordinance Amending Chapter 74 Of The Code Of The City Of Miami Beach, Florida, Entitled "Peddlers And Solicitors," By Amending Article l, Entitled "ln General," By Amending Section 74- 1, Entitled "Soliciting Business ln Public From Pedestrians," To Prohibit Commercial Solicitation ln Certain Areas; Providing For Repealer, Severability, Codification, And An Effective Date. First Readinq (Sponsored by Mayor Philip Levine) (Legislative Tracking: City Attorney's Office) An Ordinance Amending Chapter 46 Ol The Code Of The City Of Miami Beach, Florida, Entitled "Environment," By Amending Article lll, Entitled "Litter," By Amending Division 1, Entitled "Generally," By Amending Section 46-92(a), Entitled "Definitions," By Adding A Definition For The Term "Right-Of-Way," By Amending Section 46-92(9), Entitled "Prohibition On Commercial Handbill Distribution," By Amending The Regulations And Prohibitions For The Distribution Of Commercial Handbills; Providing For Repealer, Severability, Codification, And An Effective Date. First Readinq (Sponsored by Mayor Philip Levine) (Legislative Tracking: City Attorney's Office) R5F 3 Commission Agenda, September 30, 201 4 R7 - Resolutions R7A1 Adopt FinalAd Valorem Millage for General Operating Purposes And Debt Service Millage A Resolution Adopting: 1) The Final Ad Valorem Millage Of 5.7942 Mills For General Operating Purposes, Which ls Thirteen And Four-Tenths Percent (13.4o/o) More Than The "Rolled-Back" Rate Of 5.1076 Mills; And 2) The Debt Service Millage Rate Of 0.2295 Mills. 5:01 p.m. Second Readinq Public Hearinq (Budget & Performance lmprovement) (First Reading on September 10,2014 - R7A1) R7A2 Adopt Final Budgets For General, G.O., RDA, Enterprise, lnternal Service, And Special Revenue Funds A Resolution Adopting Final Budgets For The General, G.O. Debt Service, RDA Ad Valorem Taxes, Enterprise, lnternal Service Funds, and Special Revenue Funds For Fiscal Year 2014115. 5:01 p.m. Second Readinq Public Hearinq (Budget & Performance lmprovement) (First Reading on September 10,2014 - R7A2) R7B1 Adopt FinalAd Valorem Millage for Normandy Shores Local GovernmentA Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood lmprovement District Adopting The Final Ad Valorem Millage Rate Of 1.1305 Mills For Fiscal Year (FY) 2014115 For The Normandy Shores Local Government District, Which ls One Percent (1.0%) Less Than The "Rolled-Back" Rate Of 1.1391 Mills. 5:02 p.m. Second Readinq Public Hearinq (Budget & Performance lmprovement) (First Reading on September 10,2014 - R7B1) R7B2 Adopt Final Operating Budget For Normandy Shores Local GovernmentA Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood lmprovement District Adopting The Final Operating Budget For Fiscal Year (FY) 2014115. 5:02 p.m. Second Readinq Public Hearinq (Budget & Performance lmprovement) (First Reading on September 10,2014 - R7B2) R7C Adopt Final FY 2014115-2018119 Capital lmprovement Plan & Capital Budget A Resolution Adopting The Final Capital lmprovement Plan For Fiscal Years (FY) 2014115-2018119 And Adopting The City Of Miami Beach Final Capital Budget For FY 2014115. 5:03 p.m. Second Readinq Public Hearinq/Joint Gitv Commission & Redevelopment Aqencv (Budget & Performance lmprovement) (First Reading on September 10,2014 - R7C) 4 Commission Agenda, September 30, 201 4 R7 - Resolutions (Continued) R7D A Resolution Appropriating $651,000 From FY 2014115 General Fund Account No.011.0930; Said Appropriation To Be Provided To And Utilized By The Friends Of The Bass Museum, lnc. For The Purpose Of Continuing To Fund And Provide Certain Operating Expenses; And Authorizing The City Manager To Execute A Letter Agreement With The Friends Of The Bass Museum, lnc., Memorializing The Parties' Respective Obligations With Regard To Certain Management And Operation Responsibilities Of The Bass Museum, Through September 30, 2015. (Tourism, Cultural & Economic Development) R7E A Resolution Pertaining To The City Construction Project Referred To As The "Sunset Harbour Pump Station's Retrofit And Drainage lmprovements Project" (Project) And, With Respect To The Project, Accepting The Findings And Recommendation Of The City Manager ln Declaring An Emergency Pursuant To Subsection 287.055(9Xc)(6), Florida Statutes; And, As Permitted Pursuant To Section 2-367(e) Of The City Code, Waiving, By 5/7th Vote, The Competitive Bidding Requirements, Finding Such Waiver To Be ln The Best lnterest Of The City; And Authorizing The City Manager To Take The Following Actions To Procure The Necessary Emergency Design And Construction Services For The Project, Pursuant To A Negotiated Design-Build Contract: 1) Prepare, Whether Through The City's Public Works Department Or Through Retention Of An Outside Design Criteria Professional, As Determined By The City Manager, A Design Criteria Package (DCP) Which Complies With The Specifications Set Forth Under Section 287.055(2)(j), Florida Statutes; 2) Upon Completion Of The DCP, Authorizing The City Manager To Negotiate And, lf Successful, Execute A Design-Build Contract, With A Guaranteed Maximum Price (GMP) For The Remaining Water, Stormwater, Landscape And Streetscape lmprovements For The Project, With The Firm Of Lanzo Contruction, Co. (Lanzo), Who, As The City's Contractor Currently Working On The Project Under The Construction Contract Authorized Pursuant To lnvitation To Bid No.060-2013TC (lTB); And 3) Further Authorizing The City Manager To Terminate, For Convenience, The Remaining Portion Of The Current Construction Contract With And Requiring That, As A Condition Of The Negotiated Design-Build Contract, A Release Of All Claims Against The City Under The Former Contract; Where The Combined Sum Of The Negotiated Design-Build GMP And The Amount Negotiated As Part Of The Settlement Of The Existing Contract Shall Not Exceed $6,836,940.74 Which lncludes The $2,586,940.74 Construction Award Value Of The Current Lanzo Construction Contract And The Proposed Design/Build Amount Of $4,250,000. (Public Works) (Continued from September 17, 2014 - R7F) R7F A Resolution Accepting The Recommendation Of The City Manager To Reject The Single Proposal Received, Pursuant To Request For Proposals (RFP) No. 2014-290-YG For The Design, Manufacture And lnstallation Of A Removable/Retractable Canopy At The North Beach Band Shell And Authorize The lssuance Of A New RFP. (Tourism, Cultural & Economic DevelopmenUProcurement) 5 Commission Agenda, September 30, 201 4 R7 - Resolutions (Continued) R7G A Resolution Authorizing The Administration To Develop A New Program For Expedited Lien Searches With A Turn-Around Time Of One Business Day; Charging Customers $250.00 For An Expedited Certified Lien Search And $300.00 For An Expedited Certified Lien Search lncluding The Common Area. (Finance) R7H A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Change Order No. 2 To The Agreement With Bergeron Land Development, lnc., Dated April 30, 2014 (The Agreement), Related To The Completion Of Roadway lmprovements Along 6th Street And West Avenue Between sth And 6th Streets And A New Seawall At 14th Street, Further lncreasing The Cost Of The Agreement To $3,006,544. (Public Works) R9 - New Business and Gommission Requests RgA Discussion Regarding Planning Department Evaluation Of The Fee ln Lieu Of Parking Program ("PlF',). (Planning) (Continued from September 17, 2014 - RgF) (Memorandum to be Submitted in Supplemental) RgB Authorization Of Scope Of Services For Zyscovich, lnc. For Washington Avenue Vision And Master Plan Analysis - Phase ll. (City Manager's Office) End of Aqenda 6 Commission Agenda, September 30, 201 4 Miami Beach Redevelopment Agency City Hall, Gommission Chambers, 3rd Floor, 1700 Convention Center Drive September 30,2014 Chairperson of the Board Philip Levine Member of the Board Michael Grieco Member of the Board Joy Malakoff Member of the Board Micky Steinberg 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 Joe Jimenez General Counsel Raul Aguila Secretary Rafael E. Granado AGENDA 1. NEW BUSINESS A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment Agency, Adopting And Appropriating The Operating Budget For The City Center Redevelopment Area, The Anchor Shops And Parking Garage, And The Pennsylvania Avenue Shops And Parking Garage For Fiscal Year 2014115. (Tourism, Cultural & Economic Development) B A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment Agency (RDA), Adopting And Appropriating The Miami Beach Redevelopment Agency Capital Budget For Fiscal Year (FY) 2014115 And Adopting The Capital lmprovement Plan For Fiscal Years 2014115 Through 2018119. Joint City Commission & Redevelopment Agencv (Tourism, Cultural & Economic Development) End of RDA 7 c4 COMMISSION GOMMITTEE ASSIGNMENTS 8 g MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jimmy L. Moroles, City Monoger FROM: Joy Molokoff, Commissioner DATE: September 23, 2014 SUBJECT: REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE - ADDITIONAL MODIFICATIONS TO THE LAND DEVELOPMENT REGULATIONS REGARDING UNIT SIZE AND LOT COVERAGE CALCULATIONS FOR ACCESSORY STRUCTURES PERMITTED IN SINGLE FAMILY HOME DISTRICTS, AS PART OF THE COMPREHENSIVE SINGLE FAMILY REVISIONS PENDING BEFORE THE PLANNING BOARD Pleose ploce the obove item on the September 30, 2014 City Commission ogendo. lf you hove ony questions, pleose contoct me ot extension 6622. JWVM We ore commiffed to providing excellent public servtce ond sctfefy lo oll who ltve, work, ond play in cur vibronf , tropicol, historic communily Agenda ltem 4(4 Date ?-3O-/f9 THIS PAGE INTENTIONALLY LEFT BLANK 10 R5 ORDINANCES 11 COMMISSION ITEM SUMMARY Condensed Title: An ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, amending Ordinance No. 1605, the Unclassified Employees Salary Ordinance; abolishing obsolete classifications and establishing new ones changes that more accurately reflect incumbents' roles; repealing all ordinances in conflict; providing for severability, an effective date and codification. lntended Outcome S Ensure expenditure trends are sustainable over the long term. Item Second Reading and Public Hearing The City of Miami Beach has five classified service employee groups represented by bargaining units, one employee group comprised of classifications in the classified service not covered by a bargaining unit and one group comprised of at-will employees, commonly referred to as unclassified employees with a representation of approximately 400 employees. At the May 21,2014 meeting, the City Commission adopted Ordinance 2014-3868, which was that most recent amendment to Ordinance Number 1605, "The Unclassified Employees Salary Ordinance of the City of Miami Beach." Since the adoption of Ordinance 2014-3868, organizational changes and work demands have led to the creation of new classifications, the elimination of one and correction to the pay grade for several classifications, among other scrivener's errors. The subject ordinance was approved on first reading September 17, 2014, with the requirement that the City Commission shall be informed whenever an unclassified employee is hired at an annual salary of $150,000 or more. Advisory Board Recommendation: Financial lnformation : Source of Funds: tt OBPI Citv CIerk's Office Tabak, Human Resources Director Department Director Assistant City Manager City Manager Svlvia C respo-Tabak-i0it Kathie G. Brooks Jimmy L. Morales / I AGENDA "'* R 5AMIAMIBEACHaelE ?-30-/{ 12 Co,ylM! SS loN MEMORAN DUM TO: Mayor Philip Levine and Memb"r, ft the City c/rrission MIAMIBEACH City of Miomi Beqch, I 700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov DATE: September30,2014 SECOND READING AND PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1605, THE UNCLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: PROVIDING FOR THE CLASSIFICATIONS lN GROUP VII, COMPRISED OF AT.WILL EMPLOYEES COMMONLY REFERRED TO AS "UNCLASSIFIED EMPLOYEES"; DELETING THE OBSOLETE MANAGEMENT AND BUDGET ANALYST I; REVISING THE PAY RANGE FOR THE DIRECTOR OF THE OFFICE OF COMMUNICATIONS, BUILDING RECORDS SUPERVISOR AND MANAGEMENT AND BUDGET ANALYST; ESTABLISHING THE FOLLOWING NEWLY GREATED CLASSIFICATIONS: EMERGENCY MANAGEMENT DIREGTOR; DEPUTY DIRECTOR PARKS AND RECREATION; MANAGEMENT AND BUDGET MANAGER; MARKETING, TOURISM AND DEVELOPMENT MANAGER; GMBPD CHIEF OF STAFF; INFORMATION TECHNOLOGY DIVISION DIRECTOR; GRANTS SPECIALIST; GMB MEDIA AMBASSADOR; CHIEF ROOFING INSPECTOR AND PROCUREMENT CONTRAGTING OFFICER; REQUIRING THAT THE Clry GOMMISSION BE INFORMED WHENEVER AN UNCLASSIFIED EMPLOYEE IS HIRED AT AN ANNUAL SALARY OF $150,000 OR MORE; AND PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends approval of the ordinance. BACKGROUND The City of Miami Beach has five classified service employee groups represented. by bargaining units, one employee group comprised of classifications in the classified service not covered by a bargaining unit and one group comprised of at-will employees, commonly referred to as unclassified employees. The City of Miami Beach has approximately 400 employees in the unclassified salary group. At the May 21,2014 meeting, the City Commission adopted Ordinance 2014-3868, which was that most recent amendment to Ordinance Number 1605, "The Unclassifled Employees Salary Ordinance of the City of Miami Beach." 13 City Commission Memorandum September 30,2014 Unclassified Salary Ordinance; Second Reading and Public Hearing Page 2 ot 2 ANALYSIS Since the adoption of Ordinance 2014-3868, organizational changes and work demands have led to the creation of new classifications, the elimination of one and correction to the pay grade for several classifications, among other scrivener's errors. The subject ordinance was approved on first reading September 17, 2014, with the requirement that the City Commission shall be informed whenever an unclassified employee is hired at an annual salary of $150,000 or more. CONCLUSION The Administration recommends ratification of the classifications and organizational changes reflected in the ordinance, and that the City Commission approve the ordinance. Attachments JLM/KGB/SC-T 14 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1605, THE UNCLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: PROVIDING FOR THE CLASSIFICATIONS IN GROUP VII, COMPRISED OF AT.WILL EMPLOYEES COMMONLY REFERRED TO AS ..UNCLASSIFIED EMPLOYEES,,; DELETING THE OBSOLETE MANAGEMENT AND BUDGET ANALYST I; REVISING THE PAY RANGE FOR THE DIRECTOR OF THE OFFICE OF COMMUNICATIONS, BUILDING RECORDS SUPERVISOR AND MANAGEMENT AND BUDGET ANALYST; ESTABLISHING THE FOLLOWING NEWLY CREATED CLASSIFICATIONS: EMERGENCY MANAGEMENT DIRECTOR; DEPUTY DIRECTOR PARKS AND REGREATION; MANAGEMENT AND BUDGET MANAGER; MARKETING, TOURISM AND DEVELOPMENT MANAGER; CMBPD CHIEF OF STAFF; INFORMATION TECHNOLOGY DIVISION DIREGTOR; GRANTS SPECIALIST; CMB MEDIA AMBASSADOR; CHIEF ROOFING INSPECTOR AND PROCUREMENT CONTRACTING OFFIGER; REQUIRING THAT THE GITY COMMISSION BE INFORMED WHENEVER AN UNCLASSIFIED EMPLOYEE IS HIRED AT AN ANNUAL SALARY OF $150,000 OR MORE; AND PROVIDING FOR REPEALER, SEVERABIL!ry, AND AN EFFECTIVE DATE. WHEREAS, the City has approximately 400 employees who are members of the unclassified salary group; and WHEREAS, there is a need to amend the salary ordinance to delete obsolete classifications, amend scrivener's errors and make housekeeping amendments, establish newly created classifications, and establish a requirement that the City Commission be informed when a new hire's annual salary is $150,000 or more. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEAGH, FLORIDA AS FOLLOWS: SECTION 1. The following lines of Section 1 of the Unclassified Salary Ordinance No. 1605 shall be amended as follows and effective atter adoption on second reading on September 30, 2014'. GLASS AND PAY GRADES, SALARIES AND CLASSIFICATIONS A. Salary Grades and Ranges Grade, Glassifications and Compensation for the City Manager and Gity Attorney UNC CITY MANAGER Base Salary: Medical insurance Dental insurance Life insurance Employees Leave Ordinance Defined benefit retirement plan UNC CITY ATTORNEY Base Salary: Medical insurance Dental insurance Life insurance $'1 62,91 6.00/yr to $263, 126.001yr 457 deferred compensation City vehicle and/or vehicle allowance Annualvacation, sick leave, floating, and birthday holidays as provided in the Unclassified $162,916.00/yr to $263,1 26.001yr 457 deferred compensation City vehicle and/or vehicle allowance Annualvacation, sick leave, floating, and birthday holidays as provided in the Unclassified Employees Leave Ordinance Defined benefit retirement plan 15 lncludes two percent (2%) increase effective upon adoption of this Qerdinance No. 2014-3868 Condrey Classification and Compensation Plan Recommendation GRADE UNC UNC 30 29 28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 o 5 4 3 2 1 City Attorney City Manager MINIMUM ANNUAL SALARY $144,924.13 $137,940.88 $124,967.62 $118,945.99 $102,566.75 $97,624.51 $92,920.42 $80,124.98 $72,589.28 $65,762.30 $59,577.40 $56,706.63 $53,974.19 $51,373.41 $48,897.95 $46,541.77 $44,299.12 $42,164.55 $40,132.83 $38,199.00 $36,358.35 $34,606.41 $32,938.88 $31,351.70 $29,841.00 $28,403.09 $27,034.47 $25,731.80 $24,491.90 $23,331.74 MAXIMUM ANNUAL SALARY $257,059.19 $244,672.64 $221,661.33 $210,980.44 $181,927,78 $173,161.48 $164,817.59 $131,063.61 $118,737.16 $107,570.01 $97,453.13 $92,757.28 $88,287.71 $84,033.52 $79,984.32 $76,130.23 $72,461.84 $68,970.23 $65,646.85 $62,483.62 $59,472.81 $56,607.08 $53,879.43 $51,283.22 $48,812.10 $46,460.06 $44,221.36 $42,090.53 $40,062.37 $38,131 .93 Annual salary based on 2080 hours per year At City Commission's Discretion At City Commission's Discretion 16 lncludes one percent (1Yo) increase effective April 1 ,2015 per adoption of Ordinance No. 2014-3868 Condrey Classification and Compensation Plan Recommendation GRADE UNC UNC 30 29 28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 I 7 6 5 4 3 2 1 City Attorney City Manager MIN!MUM ANNUAL SALARY $146,373.37 $139,320.29 $126,217.30 $120,135.45 $103,592.42 $98,600.76 $93,849.63 $80,926.23 $73,315.17 $66,419.92 $60,1 83.1 8 $57,273.70 $54,513.93 $51,887.14 $49,386.93 $47,007.19 $44,742.12 $42,586.19 $40,543.16 $38,580.99 $36,721.94 $34,952.47 $33,268.27 $31,665.22 $30,139.41 $28,687.12 $27,304.81 $25,989.12 $24,736.82 $23,544.85 MAXIMUM ANNUAL SALARY $259,629.78 $247,119.37 $223,877.95 $213,090.25 $183,747.06 $174,893.10 $166,465.76 $132,374.24 $119,924.53 $108,645.71 $98,427,66 $93,684.85 $89,170.59 $84,873.86 $80,784.16 $76,891.53 $73,186.46 $69,659.93 $66,303.32 $63,108.46 $60,067.54 $57,1 73.1 5 $54,418.22 $51,796.05 $49,300.22 $46,924.66 $44,663.57 $42,511.43 $40,462.99 $38,513.25 Annual salary based on 2080 hours per year At City Commission's Discretion At City Commission's Discretion 17 B. Glassifications and Grades CLASSIF!CATION City Attorney City Manager Deputy City Manager Assistant City Manager Chief Deputy City Attorney Chief Financial Officer Budget Performance ! mprovement Director Building Director Capital !mprovement Projects Director City Clerk Code Compliance Director Deputy City Attorney Director of the Office of Communications Emeroencv Manaqement Director Fire Chief Housing and Community Services Director Human Resources Director I nformation Technology Director Parking Director Parks and Recreation Director Planning Director Police Chief Procurement Director Public Works Director Tourism, Cultural Affairs and Economic Development Director Transportation Director Assistant Fire Chief Assistant Police Chief First Assistant City Attorney Building fficial CMBPD Chief of Staff Deputv Director Parks and Recreation Fire Division Chief Fire Marshall Planning Department Deputy Director Police Division Major Assistant Director - Building Assistant Director - Capital lmprovement Projects Assistant Director - Finance Assistant Director - Parking Assistant Director - Parks and Recreation Assistant Director - Planning 4 CMB GRADE EFFECTIVE APR.1,2014 UNC UNC 30 29 29 29 27t28 27128 27128 27t28 27t28 27t28x 27t28 27t28 27t28 27t28 27t28 27t28 27t28 27t28 27t28 27t28 27t28 27t28 26 26 26 25 CMB GRADE EFFECTIVE sEP.30, 20't4 27t28 27t28 25 25 25 25 25 25 24 24 24 24 24 24 18 CLASSIFIGATION Assistant Director - Procurement Assistant Director - Public Works Assistant Director - Tourism and Cultural Development Bass Museum Director Budget Officer Chief Structural Engineer City Engineer CMB Media Ambassador Deputy Building Director Economic Development Division Director Fleet Management Division Director lnformation Technoloov Division Director I nfrastructure Division Director lnternalAuditor Police Captain Property Management Division Director Sanitation Division Director Senior Assistant City Attorney Administrative Services Manager Affi rmative Action Officer Application Systems Manager Assistant City Attorney ll Assistant City Engineer Assistant Director - Human Resources Assistant Director - Neighborhood Services Assistant to the City Manager Building Operations Manager Capital lmprovement Projects Division Director CDBG Projects Coordinator Chief Accountant Chief Learning and Development Officer Chief of Staff Civil Engineer lll Code Compliance Assistant Director Community Development and Housing Division Director Construction Management Division Director Emergency Management Coordinator Executive Assistant to the Chief Finance Manager Human Resources Administrator ll I nvestigator Supervisor Planning and Zoning Manager Police Commander CMBGRADE CMBGRADE EFFECTIVE EFFECTIVE APR. 1, 2014 SEP.30, 2014 24 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 19 CLASSIFICATION Preservation and Design Manager Public Safety Communications Unit Director Revenue Manager Risk Manager Senior Capital Projects Coordinator Structural Engineer Systems Support Manager Technical Services Manager Treasury Manager Water and Sewer Superintendent Capital Projects Coordinator Chief Fire Protection Analyst Civil Engineer !l Cultural Affairs Program Manager EMS Coordinator Film and Event Production Manager Marketing and Tourism Manager Organizational Development and Training Coordinator Property Mai ntenance/Operations Su peri ntendent SocialWorker SpecialAssistant to the City Manager Streets, Lighting & Stormwater Superintendent Traffic Engineer Transportation Operations Supervisor VO! P Network Administrator ADA Coordinator Assets Manager Assistant City Attorney I Assistant City Clerk Assistant Director - Bass Museum Assistant Director - Community / Economic Development Assistant Division Director - Property Management Assistant lnternal Auditor Capital I mprovement Adm inistrator Civil Engineer I Code Compliance Manager (Quality Assurance Coordinator) Community Development Coordinator Community Services Division Director Contracts Compliance Adm inistrator Database Adm inistrator Development and MBTV Director Development Coordinator Emergency Management Specialist CMBGRADE CMBGRADE EFFECTIVE EFFECTIVE APR. 't, 2014 SEP. 30, 2014 23 22 22 22 22 22 22 22 22 22 22 21 21 21 21 21 21 21 21 21 21 21 23 23 23 23 23 23 23 23 23 22 22 22 22 22 21 21 21 21 21 21 21 20 GLASS!FICAT!ON Employment Supervisor FinancialAnalyst lll Geographic lnformation System Manager Grants Manager Historic Preservation Coordinator Labor Relations Manager Landscape Projects Coordinator Network Administrator Organizational Development and Training Specialist Park Facility Manager Park Superintendent - Urban Forester Parks Superintendent Police Plans and Policies Manager Principal Planner Property/Evidence Su pervisor PSCU Administrator Public lnformation Coordinator Public lnformation Officer Public Safety Management and Budget Analyst Quality Assurance Manager Radio Systems Administrator Redevelopment Coordinator Safety Officer Senior Administrative Manager Senior Business Manager Senior Capital Projects Planner Senior GIS Analyst Senior Human Resources Specialist Senior Management Consultant Senior Network Administrator Senior Plans Designer Senior Systems Adm inistrator Special Projects Administrator Storage Area Network Architect Transportation Manager Administrative Manager Assistant Director - Sanitation Capital Projects Administrator CDBG Program Analyst Chief Accessibility I nspector Chief Building Code Compliance Officer Chief Building lnspector Chief Electrical lnspector CMB GRADE EFFECTIVE APR. t, 2014 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 21 20 20 20 20 20 20 20 20 CMB GRADE EFFECTIVE sEP. 30, 2014 21 CLASSIFICATION Chief Elevator lnspector Chief Mechanical lnspector Chief Plumbing lnspector Chief Roofino lnsoector Claims Coordinator Community Outreach Manager Cultural Facilities Manager Curator of Collections Entertainment lndustry Liaison Housing Manager H uman Resources Administrator lnformation Technology Specialist lll I nspection Services Coordinator Leasing Specialist Maintenance Management Coordinator Marketino. Tourism and Development Manaqer Mayor/Commission Branding Manager Nei g hborhood Services Projects Ad m i n istrator Ocean Rescue Division Chief Parking Administration Manager Performance and Scheduling Analyst Project Planner/Designer Recreation Supervisor !l Senior Auditor Senior Code Compliance Administrator Senior Management Analyst Senior Management and Budget Analyst Senior Planner Senior Systems Analyst Utility Billing Supervisor Assistant to the Neighborhood Services Director Business Manager Community lnformation Coordinator Construction Manager E-government Administrator Employee Benefits Coordinator Environmental Resources Manager Field lnspections Supervisor - CIP Field Supervisor FinancialAnalyst ll Governmental Compliance Coordinator Management Consultant Project Manager Redevelopment Specialist CMB GRADE EFFECTIVE APR. 1,2014 20 20 20 19 19 19 19 19 19 19 CMB GRADE EFFECTIVE sEP.30,2014 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 19 19 19 19 19 19 20 22 CLASSIFICATION Right-of-Way Manager Senior Media Specialist Senior Procurement Specialist Senior Telecommunications Specialist Special Projects Coordinator Systems Administrator Systems Analyst Transportation Coordinator Assets Specialist Building Permitting !nformation Analyst ll Code Compliance Supervisor Contracts Compliance Specialist Curator Curator of Education Development Review Services Coordinator Fire Protection Analyst Fleet Analyst Homeless Program Coordinator Housing and Community Development Programs Specialist Housing Specialist Human Resources Specialist Implementation Services Manager lnformation Technology Specialist ll Labor Relations Specialist Legal Administrator Office Manager Office Manager (City Attorney) Parking Operations Manager Parks and Recreation Administrative Specialist Planner ll Records Manager Sanitation Superintendent Security Specialist Special Events Liaison Telecomm unications Specialist Transportation Analyst Transportation Engineer Auditor Bicycle Program Coordinator Building Permitting lnformation Analyst I Building Records Manager Communications Manager Community Resources Coordinator CMB GRADE EFFECTIVE APR.1,2014 19 19 19 19 19 19 19 19 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18F7 18 18 18 18 18 18 18 18 18 18 18 18 18 18 17 17 17 17 17 17 CMB GRADE EFFECTIVE sEP. 30, 2014 23 CLASSIFICATION Environmental Special ist FinancialAnalyst I Geographic lnformation System Analyst Grants Writer / Researcher Manaqement and Budoet Manaoer Police Public !nformation Officer Public Safety Payroll Administrator Records Supervisor Senior Legal Secretary Agenda Coordinator Central Services Coordinator Executive Office Associate ll Film and Print Coordinator lce Rink Manager lnformation Technology Specialist I Legal Secretary Management Intern Media Specialist Parks and Recreation Analyst Planner I Planning and Zoning lnspector Police Records Manager Procurement Coordinator Program Coordinator (Youth Empowerment Network) Public Arts Coordinator Public lnformation Specialist Special Events Coordinator Tax Auditor Truancy Coordinator Visual Communications Specialist Building Records Supervisor Commission Aide Elder Affairs Coordinator Executive Office Associate I Media Assistant Victims Advocate Assistant lce Rink Manager Community Development Technician Customer Service Liaison Grants and Operations Administrator Labor Relations Technician Office Associate V CMB GRADE EFFECT]VE APR.1,2014 17 17 17 17 17 17 17 17 16 16 16 16 16 16 16 1€ 16 16 16 16 16 16 16 16 16 16 16 16 16 16 1+ 15 15 15 15 15 14 14 14 14 14 14 CMB GRADE EFFECTIVE sEP. 30, 2014 17 15 10 24 GLASS!FICATION Paralegal Planner Procurement Contractino Officer ! Sanitation Coordinator Tutoring Supervisor Grants Specialist Management and Budget Analyst Case Worker !l Code Violations Clerk Field Monitor Financial Analyst Office Associate lV Police Records Supervisor Case Worker Office Associate !!l Graffiti Removal Coordinator SocialWorker lntern Receptionist EducationalAide CMB GRADE EFFECTIVE APR. t, 2014 14 14 14 14 {a 12 12 12 12 12 12 11 11 10 10 I 7 CMB GRADE EFFECTIVE sEP.30, 2014 14 13 13 lntern 7 Mayor/Commission Office Manager 5 Secretary 5 C. Salarv information to be provided to Citv Commission Effective September 30. 2014. the Citv Commission shall be informed whenever an unclassified emplovee is hired at an annual salarv of $150,000 or more. D. SEef]olt+lntent and Applicability That adopting this ordinance is a substantial step toward having on salary plan for all City employees without adversely impacting any individual's current earnings; therefore, those at or over the maximum of the range for their respective classifications shall have their salaries frozen or red-circled until such time as the range catches up to them. Employees at or over the maximum of the range for their respective classifications shall have their classifications studied if they demonstrate to the City Manager, through the Human Resources Director, that their duties have changed substantially since the study was conducted, or that there has been an equally significant change in reporting structure. To promote morale and recognize jobs well done, employees at or over the maximum of their respective salary ranges, shall be eligible for one-time, non-recurring, non-pensionable adjustments of up to two percent of their salaries based on whether they met, exceeded or significantly exceeded performance expectations as reflected by the ratings on their individual performance evaluations. 11 25 SECTION 2. REPEALER. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. EFFECTIVE DATE. The Ordinance amendments set forth in Section 1 above shall be effective after adoption on second reading on September 30, 2014. This Ordinance shall take effect on the _ day of 2014. PASSED AND ADOPTED this _ day of ATTEST: Rafael E. Granado, City Clerk Underline denotes additions S+rife$reughs denotes deletions (Sponsored by Commissioner Deede Weithorn) 2014. Philip Levine, Mayor APPROVED A.9 TO FORM & LANGUAGE A FOR EXECUTION Crvefionw.gr t 1r"r'\ rk -r Dote 12 26 Hml I{EnAtD I MiamJHprald.com :l &,{IAAAIBTACH CITY OF MIAMI BEAGH NOTICE OF PUBLIC HEARING NOICE ls HEREBY giv€n that Public Hearings will be held by the Mayor and Crty Commission o{ the City of Mlami Beach, Florida, in the Commission Ctumbers, 3rd tloar, City Hall, 1700 Conveniion Cenler Drive, Miami Beach, FloriJa, on Tuesdan Saptembar s), 4n14, to consider ihe following: 5dE p,m. Urrlassilied Salary ffiinance - An Ordinance Amending Ordinance No. 1605, The Urrlassified Employees Salary Ordinance Of lhe Ciiy Ol Miami Beach, Florida, As Follor,\,s: Provtding For The Classtftcatlons ln Group Vll, Comprlsed Of Al-Will Employees Commonly Refened To As "Unolasst{i€d Employees"; Deleting The Obsolete Management And Budget Analysl l: Revising The Pay Bange For The Director Of The Office Of Communicaiions. Building Records Supervisor And Managernent And Budget Analyst; Establishing The Following Newly Created Classificatiors: Emergency Manag€ment Director; Oeputy Dkeclor Parks And Recreation; Management And Budgpt Manager; Marketing, Tourisrn And Developrnent Manager; CMBPD Chbf Of Staff; lnformalion Technology Division Direc{or; Granls Specialist; CMB Media Ambassador; Ch'ref Roofing lnspector And Procurcment Contra.,ting Oflic€r: And Providing For Repealer, S€v€rability, lnd An Elfectivs Dat€. ,rguirbs may b6 dirsctgd ta the Human Resources Departrn€r,t at 305.673.7 524. 5:06 p.m An Odinance Amending Chapter 2 Of The Code Of The City Ol Miami Beach, Entitled "Administralion,'ByAmending MicleVl, Entitbd "Procuremenl," fuAmending DMsion 6, Entitl€d "Living Wage Requirements For Service Contracis And City Ernployees," By Amending Seclion 2-408, Enlitled "Livirg Wage," By lrcreasing The Ltuing Wage Bate By 3% For Fiscal Year 201+2015 And Deleting Phase ln Languago That ls Oddated Due To The Passage Of Time; Providlng For Repealer, Severabllity, Codffication, And An Effective Dala. lnquiies may be directad tothe Procurement De@ft:r,ttt at 305,673^7490. 5.07 p.m. An Ordinance Amending Chapter 110 Of The Miami Beach Cfu Code Entitled "Ulilities," Amending Artide IV Entitl€d "Fees, Charges, Rates And Billing Procedure;" Amending Division 2, Entitled "Rates, FeesAnd Charges," ByAmending S€ction'110-166, Entitl€d" Schedute Of Water Hates And Tapping Charges," And Sec,tion 110-168, Enrilbd "Sanltary Sewer Service Charge," To Adjust Wal€r And Sanitary Sewer Hates By The Same Percentage Enacted By Miami-Dade Water And Sewer Departmenr (WASDi; And Also Amending Apperdix A To Chaptar 110, Entitled "Fee Schedule" To lncrease The Water Rat€s And Sanitary Sewer Service Charges lmposed By The City Pursuant To Sections 110-166And 110-16B; Providing ForCodification, Repealer, Severability, And An Effective Date. lnguiries may be d,:r€cted to fi€public Wo*s Depaftrnent at 3O5.673.70&. lnterested parties are invited to appoar at this meeting, or be represenled by an ageni, or to express th€ir Mews in witing address€d to the Cfu Commission, c,/o the City Clerk, '1700 Convantion Center Drive, 't& Flaor, City Hall, Miami Beach, Florida 33139. Copies of th6se items are available for public insp€ciion during normal business hours in the City Clerk's Office, 1700 Conveniion Center Drive, 'ls Roo( City Hall, Miami Beach, Florida 33-139. This meetirg, or any itern therein, may be continued, and Lnder such circumstanc€s, additional legal notice need not be provided. pursuant to Section 286.0105, Fla. Siat., the Cify hereby advises the pdrlic that if a person decides to appeal any decision mad€ by the City Commission with r€spect to any matter consid€r€d at its meeting or lts hmrir€, such person must ensure that a vefiatim record ol lhe proceedings is made, which record includss the testimony and evidence upon whhh the appeal is to be based. This notice does rEI constihJte consent by fhe City for the introduction or admission of othenvise inadmissible or inelevard evidence, nor do€s it authorizs challenges or appmls not olherurise allowed hy law. To request this material in accessible formal, sign language interprBters, information on access for persons with disabilities and/or any accommodation to revie\r/ any documenl or participde in any Ciiy-sponsorcd proce€ding, pleas€ contact uslive days in advance at 305.673.7411(voice) or TTY users may also call the Florida R6l6y Service at 71 1. Hafael E. Granado, City Clerk sat6 CiE of Miarni Beach i!! TIIURSOAY1SEtr'Itr4BER!&2014 I ts EIIE 27 Condensed Title: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAM! BEACH, ENTITLED..ADMINISTRATION,'' BY AMENDING ARTICLE VI, ENTITLED "PROCUREMENT,'' BY AMENDING DIVISION 6, ENTITLED "LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEES,'' BY AMENDING SECTION 2-408, ENTITLED "LIVING WAGE,'' BY INCREASING THE LIVING WAGE RATE BY 3% FOR FISCAL YEAR 2014.2015 AND DELETING PHASE IN LANGUAGE THAT IS OUTDATED DUE TO THE PASSAGE OF TIME; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. COMMISSION ITEM SUMMARY lntended Outcome S Item Summary/Recommendation : Pursuant to Section 2-408(a) of the Code of the City of Miami Beach, any service contractor entering into a covered services contract with the City shall pay to all its employees, who provide services covered by this division, the living wage rates approved by the City Commission. On July 23, 2014, the City Commission approved a referral to the Finance and Citywide Projects Committee (the "Committee") for a discussion on indexing the living wage rate for fiscal year 2014-2015. At its July 30, 2014 meeting, the Finance and Citywide Projects Committee considered the available options regarding indexing the living wage rate for fiscal year 2014-2015 presented by the Administration pursuant to the Living Wage Ordinance. The Committee recommended indexing the living wage rate by three percent (3%) consistent with the three percent (3%) cost of living adjustment approved for unclassified employees. The estimated financial impact for the increase for fiscal year 2014-2015 is approximately $260,000. lf approved, covered employees shall be paid a living wage of not less than $'l1.62lhr with health benefits of at least $1.69/hr, or a living wage of not less than $13.31/hr without benefits. Additionally, covered service contracts shall be amended to reflect the living wage rate increase and to delete phase in language that is outdated due to the passage of time. While the First Reading of the Ordinance stated the effective date to be October 1,2014, this is not operationally feasible as contractors must be notified and allowed sufficient time to adjust their payroll systems. As such, the only change recommended which differs from the First Reading is that the effective date for the living wage rate increase be January 1,2015. ADMINISTRATION RECOMMENDATION Adopt the Ordinance and authorize the City Manager to prepare amendments to the applicable covered service contracts subject to the living wage increase. Source of Funds Amount Account I oBPr I Total I Financial lmpact Summarv: City Clerk's Office Legislative Tracking: Alex Denis, ext: 7490 AGENDA ITEM c,ATE qE READ).docx N;B--?=To=vr N/A Data (Surveys, Environmental Scan, etc: Financial lnformation: N/A T:\AGENDA\2014\Septembe^Procurement\Living Wage lncrease FY 2014-2015 - ORDINANCE SUMMARY 09-30-14 ( NAIANN IBEACH 28 g MIAMIBEACH €ity of Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Mem of the FROM: Jimmy L. Morales, City Manager DATE: September30,2014 SUBJECT: AN ORDINANCE OF THE MA AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE VI, ENTITLED "PROCUREMENT,'' BY AMENDING DIVISION 6, ENTITLED ..LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEES,'' BY AMENDING SECTION 2-408, ENTITLED "LIVING WAGE,'' BY INCREASING THE LIVING WAGE RATE BY 3O/O FOR FISCAL YEAR 2014'2015 AND DELETING PHASE !N LANGUAGE THAT IS OUTDATED DUE TO THE PASSAGE OF TIME; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION REGOMM ENDATION Adopt the Ordinance and authorize the City Manager to prepare amendments to the applicable covered service contracts subject to the living wage increase. BACKGROUND Pursuant to Section 2-4A8@) of the Code of the City of Miami Beach, any service contractor entering into a covered services contract with the City shall pay to all its employees, who provide services covered by Division 6, the stipulated living wage rates as approved by the City Commission. Furthermore, pursuant to Section 2-a08(d) of the Code of the City of Miami Beach, the living wage rate may, by resolution of the City Commission, be indexed annually for inflation using the Miami PMSA Consumer Price lndex for all Urban Consumers (CP|-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor, Bureau of Labor Statistics. On July 23,2014, the City Commission approved a referral to the Finance and Citywide Projects Committee (Committee) for a discussion on indexing the living wage rate for fiscal year 2014- 2015 in accordance with the options pursuant to Ordinan ce 2010-3682. At its July 30, 2014 meeting, the Finance and Citywide Projects Committee (the "Committee") considered the available options regarding indexing the living wage rate for fiscal year 2014- 2015 presented by the Administration pursuant to the Living Wage Ordinance. The Committee recommended indexing the living wage rate by three percent (3%) consistent with the three percent (3%) cost of living adjustment approved for unclassified employees. The estimated financial impact for the increase for fiscal year 2014-2015 is approximately $260,000. lf approved, covered employees shall be paid a living wage rate of $11.62lhr with health benefits of at least $1 .69/hr, or a living wage of not less than $13.31/hr without benefits. SSION SECOND READING - PUBLIC HEARING 29 Commission Memo Ordinance Amending Chapter 2, Article Vl, Division 6 Secfion 2-408 By lncreasing The Living Wage Rate By 3%o For Fiscal Year 2014-2015 September 30, 2014 Page 2 of 2 Additionally, as a result of the living wage rate increase, covered service contracts shall be amended to reflect the living wage rate increase and to delete phase in language that is outdated due to the passage of time. While the First Reading of the Ordinance stated the effective date to be October 1, 2014, this is not operationally feasible as contractors must be notified and allowed sufficient time to adjust their payroll systems. As such, the only change recommended which differs from First Reading is that the effective date for the living wage rate increase be January 1,2015. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Ordinance; and authorize the Administration, through the City Manager, to prepare amendments to the applicqllg covered service contracts subject to the living wage increase. JLM /ffior, * T:\AGENDA\2014\SeptembeAProcurement\Living Wage lncrease FY 2014-2015 - ORDINANCE MEMO 09-30-14 (2ND READ).docx 30 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE VI, ENTITLED "PROCUREMENT," BY AMENDING DIVISION 6, ENTITLED "LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEES," BY AMENDING SECTION 2.408, ENTITLED..LIVING WAGE,'' BY INCREASING THE LIVING WAGE RATE BY 3% FOR FISCAL YEAR 2014.2015 AND DELETING PHASE IN LANGUAGE THAT IS OUTDATED DUE TO THE PASSAGE OF TIME; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Section 2-408@) of the Code of the City of Miami Beach, any service contractor entering into a covered services contract with the City shall pay to all its employees, who provide services covered by Division 6, the stipulated living wage rates as approved by the City Commission; and WHEREAS, pursuant to Section 2-408(d) of the Code of the City of Miami Beach, the living wage rate may, by resolution of the City Commission, be indexed annually for inflation using the Miami PMSA Consumer Price lndex for all Urban Consumers (CP|-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor, Bureau of Labor Statistics; and WHEREAS, on July 23, 2014, the City Commission approved a referral to the Finance and Citywide Projects Committee (the "Committee") for a discussion on indexing the living wage rate for fiscal year 2014-2015 in accordance with the options pursuant to Ordinance 2010-3682; and WHEREAS, at its July 30, 2014 meeting, the Committee considered the available options regarding indexing the living wage rate for fiscal year 2014-2015 presented by the Administration pursuant to the Living Wage Ordinance; and WHEREAS, at its July 30, 2014 meeling, the Committee recommended indexing the living wage rate by three percent (3%) consistent with the three percent (3%) cost of living adjustment approved for unclassified employees; and WHEREAS, effective January 1,2015, covered employees shall be paid a living wage of not less than $1 1.62lhr with health benefits of at least $1 .69/hr, or a living wage of not less than $13.31/hr without health benefits; and WHEREAS, as a result of the living wage rate increase effective January 1, 2015, covered service contracts shall be amended to reflect the living wage rate increase and to delete phase in language that is outdated due to the passage of time. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Division 6 of Article Vl of Chapter 2 of the Code of the City of Miami Beach is hereby amended as follows: 31 CHAPTER 2 ADMINISTRATION ARilcLE r' .rIj"uREMENr Division 6. Living Wage Requirements For Service Contracts And City Employees *** Sec. 2-408. Living wage. (a) Living wage paid. ($Senree-ecnfiqaeb,.€. Effective €cteber#t4 Januanr_L_20'!5, A#y< covereO emotoyees s a living wage of no less than ${J-28 $11.62 an hour with health benefits of at least $1.69 an hour, or a living wage of not less than ${2s2 $13.31 an hour without health benefits. + Health benefits; eligibility period. For a covered employer or the city to comply with the living wage requirements of this division by choosing to pay the lower wage scale available when a covered employer also provides health benefits, such health benefits shall consist of a payment of at least $4-642 $1.69 per hour toward the provision of a health benefits plan for covered employees and their dependents. lf the health benefits plan of a covered employer requires an initial period of employment for a new employee to be eligible for health benefits (eligibility period) the living wage requirements of this division shall be deemed to have been complied with during the eligibility period, provided the covered employer commences to pay the applicable living wage rate without health benefits, effective as of the date of hire of the covered employee. Upon completion of the eligibility period, and provided the new employee will be provided health benefits, a covered employer may commence to pay the applicable living wage rate with health benefits. Proof of the provision of health benefits must be submitted to the city's procurement director to qualify for the wage rate for employees with health benefits. (a (b) *** 32 (1) Ueing the prepesed threelear shase in, eemmencing with eity fiseal year 2010 11 (Oeteber 1, 2010), eneing with eity riseal year 2011 12 (Oeteber 1; 201 1); the living wage rate will be $10,72/hr, with health benefits, and $1",17/hr, witho wage 'ate will be $1 1,2Uhn wilh health benefits, and $12,9Uh+ witheat benefits, (2) Using the prepesed three year phase in eursuant te subseetien 2 108(2), eemmencing with eity fiseal W, the health benefits rate will beat least $1 ,2ilhr,; eemmeneing with eity hr.; and eemmeneing witn tne atY fiseat ye SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. Thisordinanceshalltakeeffectonthe-dayof-,2014, PASSED AND ADOPTED this ATTEST: RAFAEL E. GRANADO, CITY CLERK Underline denotes additions day of_, 2014. PHILIP LEVINE, MAYOR APPROVED AS TO FORM & LANGUAGE 33 ttlAr{.[E!+?" ]"]tksiH,etgl{,!9[l i';i lHURSoAy.sEprEMBERtB,2Otd I AEIAMIBTATH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that Public Hearings wifl be held by the Mayor and Gity Commission of the City of M'tami Beach, Florida, in the Commiss,ion Chambers, Srd floor, CiV Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Tuesday, September &!, 2014, to consider lhe following: 5;(Ep.m. Unclassilied Salary Ordinance - An Ordinance Lrnending Ordinance No. 1605, The Urclassified Employees Salary Ordinance Of The City Of Miami Beach, florida, As Follovrs: Providing For The Classifications ln Group Vll, Cornprised Of At-Will Employees Commonly Refened To As "Unclassified Employees ,; Deleting The Obsolete Manag€ment And Budget Analyst l; Bevising The Pay Range For The Director Of The Office Of Communicaiions. Building Becords Supervisor And Management And Budget Analyst; Establishing The Following Newly Created Classifications: Emergency Manag€ment Director: Deputy Director Pa*s And Becreation; Management And Budgst Manager; Marketing, Tourism And Development Manager; CMBPD Ch't€f Of Statf: lnformation Technology Division Director; Grants Specialist; CMB Media Ambassador; Chief fiooling lnsp€ctor And Procurement Contracling Ofiicer; And providing For Repealer, Severability, And An Effective Dai€. Irguides may be directed ta tha Human Resources Departmenf at 305.673.7524. 5:06 p.m. An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Eeach, Eniiiled "Adminislration," ByAmerding Article Vl, Entitled "Procurement," ByAmending DMsion 6, Entitled "LMng Wage Requirements For Service Contracts And City Employees," By 4rnen!i{9 Section 2-408, Entitbd luvir€ Wage,', By lncreasing The Living Wage Rate By 3% For Fiscal Year 20'14-2015 And Del€ting phase la Language Thails Outdated Due To The Passage Of Tima; Providing For Hepealer, Severability, Codification, And An Effective Date. lnquiies may be directed to the Prx.wament Departneftt at 305.675.7490. 5:07 p.m. An Ordinance Amending Chapter 11 0 Of The Miami Beach City Code Entifled ,,Utilities," Amending Article IV Enfilled "Fees, Charges, Rates And Billing procedure;,,Amending Division2, Entitled "Rates, FeesAnd Charges," ByArnsn6ir€ S€ction 110-166, Entitlecl" Schedule Of Water Bates And Tapping Charg€s," And Section 110-168, Entitled "Sanitary Sewer Service Charge," To Adjust Water And Sanitary Sewer Bates By The Same Percentage Enacted By Miami-Dade Water And Sewer Department (WASD); And Also Amending fupendix A To Chapter I '10, Er*itled ',Fee Schedule,, To lncrease The lVater Rates And Sanilary Sewer Service Charges lmposed By The City Pursuant To Sections 1 10-1 66 And 1 1 0-1681 Providing For Codification, Flepealer, Severability, And An Effective Baie. lnquiries may be directed to the Public Warks Department at 305.67A.70Etr.. lnterested parties are lnvited tc appear al this meeling, or b€ !.epresenled by an agent, or to express their views in writing addressed to the City Commissioo, c/o the City Clerk, 'I 700 Convention Center Drive, 1$ Flool City Hall, Miami Beach, Florida 38139. Copies of these 'rtems are available lor public inspection during normal business hours in the City Clerk's Office, 1700 Convenl'pn Center Drive, 1"Floor, City Hall, Miami Beach, Florida 33139. This meeting, or any item therein, may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0"105, Fla. Stat., the City hereby advises the public that if a person decides to appea{ any decision made by the City Commission with respe.t to any matter considered al its meetirE or its headng, such p€rson must ensure that a verbatim record ol the proceedings is made, which record includes the t€stimony and evidence upon whbh the appeal is to be based. This notice does not consthute consent by the City for the introdustion or admission of otherwise inadmissible or inelevant evidence, nor does it auihorize challenges or appeals not othen*ise allowed by law. To request this material in accessible format, sign language interpreters, information on access for persors with disabilities ancyor any accommodation to review any document or participale in any City-sponsored proce€ding, please contact uslive days in advance ai 305.673.7411(voice) or TTY users may also call the Florida Belay Service at 711. Bafael E. Granado, City Clerk City of Miami Beach ts r3Hi 34 THIS PAGE INTENTIONALLY LEFT BLANK 35 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 1 10 Of The Miami Beach City Code Entitled "Utilities," Amending Article lv, Entitled "Fees, Charges, Rates And Billing Procedure;" Amending Division 2, Entitled "Rates, Fees And Charges," ByAmending Section 110-166, Entitled" Schedule Of Water Rates And Tapping Charges," And Section 1 10-168, Entitled "Sanitary Sewer Service Charge," To Adjust Water And Sanitary Sewer Rates By The Same Percentage Enacted By Miami-Dade Water And Sewer Department (WASD); And Also Amending Appendix A To Chapter 1 10, Entitled "Fee Schedule" To lncrease The Water Rates And Sanitary Sewer Service Charges lmposed By The City Pursuant To Sections 110-166 And 1 10-168; For Codification,r. Severabilitv. And An Effective Date. Maintain the City's infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): lssue: Shall the Mayor and City Commission approve the amendment to the Ordinance on first reading and schedule a second Adviso Board Recommendation: Item Summary/Recommendation : SECOND READING The City's utility rates are structured to collect the necessary revenues to meet operating and maintenance costs of the water and sewer infrastructure, to cover debt service forwater and sewer bonds, to maintain adequate operating fund reserves, and, to pay Miami-Dade County for wholesale water purchased, the treatment of the City's sewage and other fees. ln the past, the City has evaluated each County rate increase and passed through some County rate increases to its customers while subsidizing other rate increase. The Miami-Dade Water and Sewer Department (WASD) has proposed water and sewer rate increases to allwholesale customers. The proposed water rate of $1 .7816 per 1 ,000 gallons, is an increase of $0.0674 above the current rate of $1 .7142. During the last fiscal year, WASD did not increase the water rate but did increase the sewer rate $0.2995 per 1,000 gallons, which was passed on to the City's rate payers. The proposed WASD sewer rate of $2.5600 for FY2014115, is an Increase of $0.1077 above the current rate of $2.4523 per 1 ,000 gallons. However, the current Miami Beach rate of $6.34 per thousand gallons is insufficient to cover the cost of providing sewer service. Based on the FY15 budget proposed by the Administration, rates have to be increased by 19.15% to $7.55 perthousand gallons in FY15. A significant portion of the deficit over the past few years is a result of both a rate increase of $0.1 1 per 1000 gallons that was implemented by Miami-Dade County in FY10/1 1 and not passed through to the end users and minor operational cost increases that were covered by the rate stabilization fund. The purpose of the rate stabilization fund is to cover anomalies in the billing or revenues year over year and to accommodate some of these costs without the need for rate increases. Unfortunately this fund has been depleted due to the reliance on this to cover inflation and County rate increases. At the Finance & Citywide Projects Committee on August 29, the Committee recommended approval of the respective water and sewer rate increases, as well as establishing a policy of automatically implementing the percentage increases of water and sewer rates that are enacted by Miami-Dade WASD without further Commission action. The sewer rate increase for FY2014115 is $1 .21 per 1,000 gallons, and the water rate increase is $0.07 per 1,000 gallons. For the average 11,000 gallons per month customer, the combined water and sewer rates result in a monthly increase of $14.08 inFY2014l15. For the minimum usage customer (5,000 gallons or less per month), the monthly impact would be a total of $6.40. THE ADMINISTRATION REGOMMENDS APPROVING THE AMENDMENT TO THE ORDINANCE ON FIRST READING AND SCHEDULING A SECOND READING PUBLIC HEARING. Financial lnformation : Source of Funds: Amount Account Approved 1 $6,129,000 425-8000-343510 Sewer 2 $491,000 425-8000-343310 Water OBPI Total $6,620,000 Glerk's Office slative Track Keith Wilder. ext 6192 Sign-Offs: Department Director Assistant City Managern'City ll rnager .A EC lq'MT fll U \ \JLM t'\ t:\agenda\2014\september\fy15 water and sewer rate ordinance summ. # nnIAnnIBTACH AGENDA ir.* fr|Caaza 4-30'lV 36 g MIAMIBEACH City of Miomi Beoch, 1700 Convenlion Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM Mayor Phillip Levine and Members the C ommtsston Jimmy L. Morales, City Manager September 30,2014 SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE GITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 110 OF THE MIAMI BEACH CITY CODE ENTITLED "UTILITIES," AMENDING ARTICLE IV, ENTITLED "FEES, CHARGES, RATES AND BILLING PROCEDURE;" AMENDING DIVISION 2, ENTITLED "RATES, FEES AND GHARGES," BY AMENDTNG SEGTTON 110-166, ENTTTLED" SCHEDULE OF WATER RATES AND TAPPING CHARGES,'' AND SECTION 110.168, ENTITLED..SANITARY SEWER SERVICE CHARGE," TO ADJUST WATER AND SANITARY SEWER RATES BY THE SAME PERCENTAGE ENACTED BY MIAMI.DADE WATER AND SEWER DEPARTMENT (WASD); AND ALSO AMENDING APPENDIX A TO CHAPTER 110, ENTITLED "FEE SCHEDULE" TO INCREASE THE WATER RATES AND SANITARY SEWER SERVIGE CHARGES IMPOSED BY THE CITY PURSUANT TO SECTIONS 110-166 AND 110-168; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. ADMI N ISTRATION RECOMMEN DATION The Miami-Dade Water and Sewer Department (WASD) has proposed water and sewer rate increases to all wholesale customers of $.0674 for water and $.1 077 lor sewer per 1000 gallons respectively effective October 1,2014. ln the past, the City has evaluated each County rate increase and passed through some County rate increases to its customers while subsidizing others. During the last fiscal year, WASD did not increase the water rate but did increase the sewer rate $0.2995 per 1,000 gallons which was passed on to the City's rate payers. ANALYSIS The City's utility rates for water and sanitary sewer services are structured to collect the necessary revenues to meet annual operating and maintenance costs of the water and sanitary sewer infrastructure, to cover debt service forwater and sewer bonds to maintain adequate operating fund reserves, and, to pay Miami-Dade County for wholesale water purchased, the treatment of the City's sewage and other fees. ln general, the rates for water supply and sanitary sewer services consist of: . Pass-through of the wholesale rate the City pays to Miami-Dade County for the purchase of potable water and treatment of sewage;. Debt service for the Water and Sewer Revenue Bonds'. Operating and maintenance costs for the water and sewer utility;. 7.5o/o fee of previous year total revenue paid to the Miami-Dade County TO: FROM: DATE: SEGOND READING 37 Commission Memo September 30, 2014 Water and Sewer Rate Ordinance Memo Page 2 of 3 Environmental Resource Management Department (DERM). FY2014l15 Miami Dade Countv Wholesale Water and Sewer Rates The Miami-Dade Water and Sewer Department has informed all wholesale customers that the proposed water rate for FY2014115 would increase by $0.0674 to $1.7816 per 1000 gallons. The operational expenditure increases forthe County are due to projected operating expenses debt service increases in FY2015, and other revenue, charges and adjustments such as reserve requirements and decreased interest earnings. WASD has also notified wholesale customers that their proposed sewer rate will be $2.56, an increase of $0.1077 above the current rate of $2.4523 per 1000 gallons. The cost of the proposed FY2O14|15 sewer rate increase to Miami Beach is approximately $887,000. The proposed wholesale water and sewer rates are subject to approval by the Board of County Commissioners at their Public Budget Hearings, scheduled for September 2014. Water Revenue Review and Recommendation All operational expenditure increases related to the proposed cost of living adjustment to salaries, increased costs of health insurance and pension, and increases in other operating costs can be absorbed without the requirement to increase the water rate. However, the increase proposed by the County should be passed through to the water customers. This would result in the recommendation to pass through the Miami-Dade County increase of $0.07 per thousand gallons for water rates. Sewer Revenue Review and Recommendation Millian, Swain & Associates, lnc. (MSA) were retained to assist in evaluating the level of revenues produced by current sewer rates and the potential need for rate adjustments. Theirfindings include the following. 1. The sewer utility has been operating at a deficit since FY13. 2. lncrease in WASD Treated Sewer fees and scheduled increase in debt service payment for existing bonds are the largest contributors to a rise in the projected FY15 deficit of $6.44 million. 3. The current rate of $6.34 per thousand gallons is insufficient to cover the cost of providing sewer service. Based on the proposed FY15 budget provided by the City, rates would have to be increased by 19.15%lo $7.55 perthousand gallons in FY15. 4. Additional rate increases will likely be needed to cover debt service requirement of a proposed $20 million debt issuance in FY15 and to cover further increases in costs (due to inflation, etc.) beyond FY15. 5. MSA recommends that a detailed cost of service study be undertaken forthe City's sewer utility. 6. Fees charged to Satellite Cities to transport wastewater to WASD appear to be insufficient to cover the cost of providing this service. As part of the comprehensive cost of study, MSA also recommends performing a detailed cost allocation study to address the proper charges to the Satellite Cities. 7. During the detailed cost of service study the City, with the help of MSA, should investigate various ratemaking strategies to ensure the financial stability of the sewer system. These strategies may include the following:. Rate increase to account for multiple years of anticipated cost increaseso An annual pass-through mechanism for WASD fees. An annual inflation adjustment A significant portion of the deficit over the past few years is a result of both a rate increase of $0.1 1 per 1000 gallons that was implemented by Miami-Dade County in FY10/1 1 and not passed through 38 Commission Memo September 30, 201 4 Water and Sewer Rale Ordinance Memo Page 3 of 3 to the end users and minor operational cost increases that were covered by the rate stabilization fund. The purpose of the rate stabilization fund is to cover anomalies in the billing or revenues year over year and to accommodate some of these costs without the need for rate increases. Unfortunately this fund has been depleted due to the reliance on this to cover inflation and County rate increases. The suggestion to codify the need to pass through County rate increases is a good suggestion as it would then take an act of Commission to subsidize water and sewer rates for the end users rather than the current condition where no action would keep the rates from being passed through. AIso the Administration feels that incorporating an adjustment for operating expenses would serve to keep the rate stabilization fund healthy and user fees consistent with the cost of providing service. At the Finance and Citywide Projects Committee (FCWPC) meeting of August 29, 2014, the consultants presented a summary of their findings and recommendations. At this meeting, the Committee recommended approval of the pass through of the respective water and sewer rate increases, as well as establishing a policy of automatically implementing the percentage increases of water and sewer rates that are enacted by Miami-Dade WASD to the entire fund without further Commission action. The Committee also directed the Administration to follow up with all appropriate administrative actions to assure that fees are commensurate with the cost of service provided to the Satellite Cities. Gonclusion Fee (per thousand oallons) FY 2013t14 Fee Proposed FY15 M-D County lncr. Prop. FY 2014t15 Fee Difference Frorn FY 2013/14Water$4.36 $o.07 $4.43 so.07 Sewer s6.34 so.1 1 s7-55 $1.21Total lncrease Combined Fee s10.70 $11.9A s1.24 Monthly Cost to 11,OOO gallon Customer $117.70 $o.oo $131 .7A $14.OAlvtontnty (/ost to 5,OOO gallon Customer ss3.50 so-oo $59.90 $6.40 Based on the above, the Administration recommends that the City Commission approve a rate increase for water customers of $0.07 and a rate increase for sewer customers of $1.21 effective October 1, 2014. For the average 1 1,000 gallons per month customer, the combined water and sewer rates result in a monthly increase of $14.08 inFY2014l15. For the minimum usage customer (5,000 gallons or less per month), the combined monthly impact would be a total of $6.40. ln addition, the Administration recommends moving fonruard with the recommended cost of service study and implement the suggested modifications to the water and sewerfee ordinances including allocation of appropriate costs to the Satellite Cities and implementation of recommendations to address the financial stability of the utility by codifying the annual pass through of all percentage increases as enacted by Miami-Dade WASD and increasing the operating budget consistent with the County percentage increase. JLM/MT/ETC t\agenda\201 4\september\fy1 5 water and sewer rate ordinance memo.doc 39 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, AMENDING CHAPTER 110 OF THE MIAMI BEACH CITY CODE ENTITLED "UTILITIES," AMENDING ARTICLE IV, ENTITLED ''FEES, CHARGES, RATES AND BILLING PROCEDURE;" AMENDING DIVISION 2, ENTITLED "RATES, FEES AND CHARGES," BY AMENDING SECTION 110.166, ENTITLED'' SCHEDULE OF WATER RATES AND TAPPING CHARGES," AND SECTION 110-168, ENTITLED "SANITARY SEWER SERVICE CHARGE,'' TO ADJUST WATER AND SANITARY SEWER RATES BY THE SAME PERCENTAGE ENACTED BY MIAMI-DADE WATER AND SEWER DEPARTMENT (WASD); AND ALSO AMENDING APPENDIX A TO CHAPTER 110, ENTITLED "FEE SCHEDULE'' TO INCREASE THE WATER RATES AND SANITARY SEWER SERVICE CHARGES IMPOSED BY THE CITY PURSUANT TO SECTIONS 110.166 AND 110-168; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City implemented a Water and Sewer System lmprovement Program ("Program"), which is funded by Water and Sewer Revenue Bonds; and WHEREAS, in 1995, the first series of Water and Sewer Revenue Bonds were issued to construct Phase I improvements for the Program; and WHEREAS, in 2000, the Series 2000 Water and Sewer Revenue Bonds were issued to continue the Program; and WHEREAS, the rate increases proposed herein are for the payment of the phased in debt instruments to continue improvements to the water and sewer infrastructure; and WHEREAS, the rate increases provided herein include the increases for water supply imposed by Miami-Dade County; and WHEREAS, with ongoing drought restrictions, the City anticipates a continuation of its decrease in water consumption and its corresponding decrease in water and sewer revenues; and WHEREAS, the City Commission of the City of Miami Beach has deemed it to be in the best interestof the citizens and residents of the Cityof Miami Beach to amend Chapter 110 entitled "Utilities", Article lV entitled "Fees, Charges, Rates and Billing Procedure, to periodically adjust water and sewer rates for maintenance and fiscal responsibility purposes. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: SECTION 1. That Chapter 110, Article lV, Division 2, of the Miami Beach City Code is hereby amended as follows: 40 Ghapter 110 UTILIT!ES Article lV. FEES, CHARGES, RATES AND BILLING PROCEDURE *** Division 2. RATES, FEES AND CHARGES *** Sec. 110-166. Schedule of water rates and tapping charges. (a) Every water supply service shall have a monthly minimum service charge on each service installed, varying with and based upon the size of the service pipe required and installed in accordance with the rules of the public works department. All monthlv minimum service charqes and rates shall be adiusted bv the same percentaoe enacted bv the Miami-Dade Water and Sewer Department (WASD). This minimum charge shall be in accordance with the schedule set forth in appendix A and shall entitle the consumer to have supplied through the meter the number of gallons of water set forth in appendix A. There shall not be a rental charge on meters. (b) For quantities of water supplied in excess of the amount set forth in subsection (a) of this section based on the particular size of the service pipe, the water rate shall be as specified in appendix A, which shall be prorated for each 100 gallons in the event of increments of less than 1,000 gallons for non-municipal consumers of water. Sec. 110-168. Sanitary sewer service charge. (a) There is hereby imposed, upon all premises within the city connected to or using the facilities of the city's sanitary sewer system, a monthly sanitary sewer service charge. Such sanitary sewer service charge shall be in an amount as specified in appendix A, which charge shall be prorated for each 100 gallons of increments of less than 1 ,000 gallons, as shown by the water bills rendered in accordance with this article. The sanitary sewer service charge shall be and become effective and binding on October 5, 1997. The amount of such sanitary sewer service charge shall be shown as a separate item on such water bills and shall be paid by the owner, tenant or occupant in possession of such premises at the same time and in the same manner as is provided in this article for the payment of water bills. All sanitary sewer rates shall be adiusted bv the same percentaqe enacted bv the Miami-Dade Water and Sewer Department (WASD). For the purpose of irrigation, the customer may apply for an irrigation meter. Sanitary sewer charges will not be applied to consumption metered through irrigation maters. SECTION 2. That Appendix A to Chapter 110, entitled "Utilities," of the Miami Beach City Code is hereby amended as follows: 41 APPENDIX A FEE SCHEDULE Chapter 1 10 Utilities Article lll Stormwater Utility Division 2. Rates, Fees and Charges Secfion this Code 1 10-166(a) 1 10-166 (b) Size of Meter Yo" 1" 1.5" 2" 3" 4" ot Gallons of Water per Month 5.000 7.000 11.000 17.000 40.000 80.000 120.000 200.000 Description Minimum service charge: Minimum Monthlv Service Charqe (effective for billinqs on or after October 1. 2014) 22.15 31.01 48.73 75.31 177.20 354.40 531.60 886.00 Water in excess of subsection 110-166(a), shall be as follows: $2.21 per 1,000 gallons, effective with billings on or after October 1, 2000; $2.26 per 1,000 gallons, effective with billings on or after October 1, 2001; $2.31 per 1,000 gallons, effective with billings on or after October 1, 2002; $2.44 per 1,000 gallons, effective with billings on or after October 1, 2003; $2.49 per 1,000 gallons, effective with billings on or after October 1,2004; and $2.54 per 1,000 gallons, effective with billings on or after October 1, 2005; and $2.79 per 1,000 gallons, effective with billings on or after October 1, 2006; and $3.23 per 1,000 gallons, effective with billings on or after October 1,2007; and $3.88 per 1,000 gallons, effective with billings on or after October 1, 2008; and $4.36 per 1,000 gallons, effective with billings on or after October 1, 2009; and $4.43 per 1.000 qallons. effective with billinqs on or after October 1. 2014 42 Sanitary sewer service charge, shall be as follows: $3.73 per 1,000 gallons, effective with billings on or after October 1, 2000; $3.81 per 1,000 gallons, effective with billings on or after October 1, 2OO1; $3.90 per 1,000 gallons, effective with billings on or after October 1,2002; $4.03 per 1,000 gallons, effective with billings on or after October 1, 2003; $4.12 per 1,000 gallons, effective with billings on or after October 1, 2004; and $4.21 per 1 ,000 gallons, effective with billings on or after October 1,2005; and $4.25 per 1,000 gallons, effective with billings on or after October 1, 2006; and $4.93 per 1,000 gallons, effective with billings on or after October 1,2007 and $5.62 per 1,000 gallons, effective with billings on or after October 1, 2008; and $6.04 per 1,000 gallons, effective with billings on or after October 1, 2009; and $6.34 per 1,000 gallons, effective with billings on or after October 1, 2013; and $7.55 per 1.000 qallons. effective with billinqs on or after October 1.2014. SECTION 3. COD!FICATION It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article" or other appropriate word. SECTION 4. REPEALER All ordinances or parts of ordinances in conflict herewith are and the same are hereby repealed. SECTION 5. SEVERABILITY lf any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or constitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or constitutionality of the remaining portions of this Ordinance. 1 10-168(a) SECTION 6. EFFECTIVE DATE This Ordinance shall take effect on the PASSED and ADOPTED this ATTEST: day of ,2014. ,2014day of PHILLIP LEVINE, MAYOR RAFAEL E. GRANADO, CITY CLERK Underline denotes additions S+i*e+n+eugh d e notes deletio ns (Sponsored by Commissioner Deede Weithorn) T:\AGE N DA\201 4\September\FY1 5 Water and Sewer Rate Ordinance 1 stRdg.doc APPROVED AS TO FORM & IANGUAGE & FOR EXECUTION 1L' Dote 43 CITY OF MIAMI BEACH NOTICE OF PUBLIC HE.ARING NOTICE lS HEREBY given that Public Hearings will be held by th6 Mayor and Crty Commission of lhe Cfu of Miami Beach, Florida, in the Commission Chambers, 3rd Aoor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Tuesday, September 3O, 2014, to consider lhe following: 5:05 p.m. Unclassilied Salary Ordinance - An Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance Of The City Of Miami Beach, Florida, As Follows: Providing For The Classifications ln Group Vll, Comprised Of At-Will Employees Commonly Refened To As "Unclassified Employees"; Deleting The Obsolete Management And Budgei Analyst l; Revising The Pay Range For The Director Of The Otfice O{ Communications, Building Records Superuisor And Management And Budget Analyst; Establishing The Following Newly Created Classifications: Emergency Management Director; Deputy Dir€ctor Parks And Recreation; Management And Budgef Manager; Marketing, lburism And Development Manager; CMBPD Chief Of $atf; lnformation Technotogy Division Director; Grants Specialist; CMB Media Ambassador; Chief Rooling lnspector And Frocurement Contracting Ofiicer; And Providing For Repeaier. Severabili!, And An Effective Date. Inqumes may be directed to tha Human Resources Deparlment at 305.673.7524. 5:06 p.ar. An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach. Entitled "Administration," ByAmerdingMicleVl, Entitled"Procurement," ByAmending DMsion 6, Enlitled 'Living Wage Requirements For Serv[ce Contracts And Ciby Employees," By Amending Section 2-408, Entitled "UvirE Wage," fu lncreasing The Liuing 1ffage Bate By 3% For Fiscal Year 2014-2015 And Deleting Phase ln Langusge That ls Oddated Due Io The Passage Of Time; Providing For Repeater, Severability, Godification, And An Effective Dale. lnquiies may ba dkected to the Procurament Depaftment at 305.673.7490. 5:07 p.m. An Ordinance Amending Chapter 110 Of The Miami Beach City Code Entitled "tltililies," Arnending Article IY Entitled "Fee.s, Charges, Rates And Billing Procedure;" Amending Division 2, Entitl€d "Rates, FeesAnd Charges," ByAy6sn6i* Section'110-'166, Enlitled" Schedule Of Water Rates And Tapping Charges," And Section 110-168, Entitled "Sanitary Sewer Service Charge," To Adjust Water And Sanitary Sewer Flates By The Same Percentage Enacled By Miami-Dade WaterAnd Sewer Depanment WASD); And AIso Amending Appendix A To Chapter 110, Entitled "Fee Schedule'' To lncrease The Water Rales And Sanitary Sewer Service Charges lmposed By The City Pursuant To Seclions 110-166 And 110-168: Providing For Codification, Bepealer, Severability, And An Effective Date. lnguiries may be direeted ta the Public Works Depaftment at 305.673-708O- lnteresied parties are invited to appear at lNs meeling, or be represented by an agent, or to express iheir views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive. l$ Floor, Cily Hall, Miami Beach, Florida 33139. Copies of these 'rtems are available lor public insp€clion during normal business hours in the City Clerk's Office, 1700 Conventbn Center Drive, 'ln Floor, Ciiy Hall, Miami Beach, Florida 33139. This meeting, or any item therein, may be continued, and under such circumstancos, additional l€gal notice need not be provided. Pursuant to Section 286.0'105, Fla. Stai., the City hereby advises the public that if a person decides to appeal any decision made by lhe City Commission with r€spect to any matter considered at its meetirg or its hearing, such person must ensure that a verbatim record oi the proceedings is made, which record includes the lestimany and evidence upon wh'rch the appeal is to be based. Thls notice dces not constitlJie consent by the City for the introduction or admission of otheruise inadmissible or inelevanl evidence, nor does it aulhorize challenges or appeals nol otherwise allowad by law. To requesi this material in accessible format, sign language interpreters,'lnformation on access for persons with disabilities ancyor any accommodation to review any document or participale in any City-sponsored proceeding, please contact uslive days in advance at 305.673.741 1 (voice) or TTY users may also call the Florida Relay Seftice ai 71 1 . Bafael E. Granado, City Clerk 9€6 Ciryol Miami Beach K tllilE 44 THIS PAGE INTENTIONALLY LEFT BLANK 45 COMMISSION ITEM SUMMARY Gondensed Title: Second Reading to consider an Ordinance Amendment transferring variance and flood plain waiver to the Desiqn Review and Historic Preservation Boards. !ntended Outcome S Item Summary/Recommendation : SECOND READING - PUBLIC HEARING The proposed Ordinance would transfer variance and flood plain waiver authority from the Board of Adjustment to the Design Review Board (DRB) and Historic Preservation Board (HPB) for those projects falling within the jurisdiction of the DRB and HPB. On June 11,2014, the City Commission: 1) accepted the recommendation of the Land Use and Development Committee via separate motion; and 2) approved the Ordinance at First Reading and scheduled a Second Reading Public Hearing for September 10,2014. On August 26, 2014, the ballot question to modify the Related Special Acts of the City Code, which was required to modify the Board of Adjustment rules and procedures, was approved by the voters. On September 10, 2014 the City Commission adopted the subject Ordinance, with an effective date of September 20, 2014. On September 17, 2014, the City Commission reconsidered the motion to adopt the subject Ordinance, and rescheduled a new Second Reading for September 30,2014. The Administration recommends that the City Commission open and continue 2nd Reading of the subject Ordinance to a date certain of December 17,2014. AGENDA rrer,,r 45D lncrease satisfaction with neighborhood character. lncrease satisfaction with development and Supporting Data (Surveys, EnvironmentalScan, etc 48o/o of residential respondents and 55% of businesses rate the effort put forth by the City to requlate is "about the rioht amount." On May 27,2014, the Planning Board recommended approvalof the subject Ordinance by a vote of 6to0. Financial I nformation : Source of Funds: Amount Account 1 2 3 OBPI Total Financial Impact Summary: ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the longterm 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 budoet. Thomas Mooney T:\AG E N DA\20 1 4\September\Septem ber 3OVariance and Flood Plai n Authority and Continue 2nd MIAMIBEACH o,rf:= q-?o-lq46 MIAMIBEACH City of Miomi Beoch, 1700 Convenlion Cenier Drive, Miomi Beoch, Florido 33,139, www.miomibeochfl.gov COMMISSION MEMORANDUM Mayor Philip Levine and Members of City PLAIN WAIVER AUTHORIry TO THE DESIGN REVIEW BOARD AND HISTORIC PRESERVATION BOARD AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING GHAPTER {18,..ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE VIII,..PROCEDURE FOR VARIANCES AND ADMINISTRATIVE APPEALS," SECTION 118.351, "DETERMINATION OF JURISDICTION," SECTION 118. 352, "PROCEDURE;" ARTICLE ll, "BOARDS," DIVISION 3, "DESIGN REVIEW BOARD," SECTION 118-71, "POWERS AND DUTIES;" DIVISION 4, "HISTORIC PRESERVATION BOARD," SECTION 102, "POWERS AND DUTIES;" DIVISION 5, "BOARD OF ADJUSTMENT," SECTION 118-136, "POWERS AND DUTIES;" TO AMEND THE JURISDICTION OF THE BOARDS OF ADJUSTMENT, DESIGN REVIEW, AND HISTORIC PRESERVATION BY AUTHORIZING THE DESIGN REVIEW AND HISTORIC PRESERVATION BOARDS TO GRANT VARIANCES PRESENTED IN APPLICATIONS WITHIN THEIR RESPEGTIVE JURISDIGTIONS, AMENDING THE AUTHORITY OF THE BOARD OF ADJUSTMENT TO REFLECT THAT CHANGED AUTHORIZATION, AND TO TRANSFER THE AUTHORITY OF THE BOARD OF ADJUSTMENT ACTING AS THE FLOOD PLAIN MANAGEMENT BOARD TO THE DESIGN REVIEW AND HISTORIC PRESERVATION BOARDS, TO AUTHORIZE SUCH BOARDS TO GRANT VARIANCES FROM THE FLOOD PLAIN ORDINANCE FOR APPLICATIONS WITHIN THEIR RESPECTIVE JURISDICTIONS; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFEGTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission open and continue Second Reading of the proposed Ordinance to a date certain of Decembet 17 ,2014. BACKGROUND On February 19, 2014, the Land Use and Development Committee ("LUDC") discussed language proposed for ballot questions pertaining to the City's Land Use Boards. Ballot language, regarding transfer of Board of Adjustment powers and amendments to the FRoM: Jimmy L. Morales, City Manager DATE: September30,2014 SUBJECT: TRANSFER OF VARIANGE AND READING - PUBLIC HEARING 47 Commission Memorandum Ordinance - Variance and Flood Plain Authority September 30, 2014 Page 2 of 3 special related acts, was referred to the full City Commission with a favorable recommendation. Additionally, as part of this discussion, the LUDC directed the Administration to study various aspects of the City's Land Use Board standards and procedures, and present a draft Ordinance at its April 9,2014 meeting. ln an effort to streamline the public hearing process, a draft Ordinance was presented to the LUDC that recommended that both the Design Review Board (DRB) and Historic Preservation Board (HPB) be able to vote on variances that arise out of their review of the projects within their respective jurisdictions. The draft ordinance also recommended transferring the authority of the Flood Plain Management Board to the HPB and DRB again, for their respective jurisdictions. As a result, on April 9, 2014 the LUDC referred the proposed ordinance to the Planning Board. ANALYSIS The intent of the proposed ordinance amendment is focused on streamlining the City's land use board public hearing review processes. The amendment would permit variance requests arising out of the projects being heard by either the DRB and/or HPB, to be reviewed and voted on by those boards, rather than necessitating the applicant to file a separate variance application, and have separate hearings, with the Board of Adjustment (BOA). Additionally, as matters of flood waivers for historic buildings are better suited for the HPB, and similarly for pre-1942 architecturally significant homes being heard by the DRB, the proposed ordinance would transfer the authority of the Flood Plain Management Board from the BOA to the HPB and DRB for projects within their respective jurisd ictions. The proposed Ordinance is subject to an affirmative vote of the electorate, in order to amend the Related SpecialActs. PLANNING BOARD REVIEW On May 27, 2014, the Planning Board transmitted the proposed Ordinance to the City Commission with a favorable recommendation by a vote of 6 to 0 (PB File No. 2182). FISCAL !MPACT ln 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. The proposed Ordinance is not expected to have any tangible fiscal impact. UPDATE On June 11, 2014, the subject Ordinance was approved at First Reading. On August 26, 2014, the ballot question to modify the Related Special Acts of the City Code, which was required to modify the Board of Adjustment rules and procedures, was approved by the electorate. On September 10, 2014 the City Commission adopted the subject Ordinance, with an effective date of September 20,2014. Subsequent to the adoption of the Ordinance, Planning Department staff realized that the language of the Ordinance would force a number of Board of Adjustment 48 Commission Memorandum Ordinance - Variance and Flood Plain Authority September 30, 2014 Page 3 o'f 3 applications previously advertised for the October and November meetings, to be removed from those agendas, and re-noticed for a different Board in December. ln order to effectuate a proper transition phase from the BOA to the DRB and HPB, the Administration had requested that the Ordinance be re-adopted with an effective date of December 1,2014. On September 17, 2014, the City Commission reconsidered the motion to adopt the subject Ordinance, and rescheduled a new Second Reading for September 30, 2014. Additionally on September 17, 2014, at the request of Commissioner Malakoff, the City Commission referred additional modifications to Chapter 118 relating to variance authority to the Land Use and Development Committee and the Planning Board (ltem C4C). The purpose of these additional modifications will be to better clarify the exact roles of the Board of Adjustment and the DRB/HPB. ln order for the proposed changes contemplated in the current referral to the LUDC and Planning Board to be incorporated into a revised Ordinance, the Administration is recommending that the 2nd Reading adoption of the Ordinance be continued to a date certain of December 17,2014. CONCLUSION The Administration recommends that the City Commission open and continue Second Reading of the proposed Ordinance to a date certain of December 17,2014. JLM/JMJ/TRM T:\AGENDAV014\September\September 30Variance and Flood Plain Authority - MEM Open and Continue 2nd Reading.docx 49 TRANSFER OF VARIANCE AND FLOOD PLAIN WAIVER AUTHORITY TO THE DESIGN REVIEW BOARD AND HISTORIC PRESERVATION BOARD. ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 118,..ADMINISTRATIVE AND REVIEW PROCEDURES,'' ARTICLE VIII, ..PROCEDURE FOR VARIANCES AND ADMINISTRATIVE APPEALS," SECTION 118-351, "DETERMINATION OF JURISDICTION,'' SECTION 118-352, "PROGEDURE;" ARTICLE ll, "BOARDS," DIVISION 3, "DESIGN REVIEW BOARD," SECTION 118-71, "POWERS AND DUTIES;" DIVISION 4, "HISTORIC PRESERVATION BOARD," SECTION 102, "POWERS AND DUTIES;" DIVISION 5, "BOARD OF ADJUSTMENT," SECTION 118-136, "POWERS AND DUTIES;" TO AMEND THE JURISDICTION OF THE BOARDS OF ADJUSTMENT, DESIGN REVIEW, AND HISTORIG PRESERVATION BY AUTHORIZING THE DESIGN REVIEW AND HISTORIC PRESERVATION BOARDS TO GRANT VARIANCES PRESENTED IN APPLICATIONS WITHIN THEIR RESPECTIVE JURISDICTIONS, AMENDING THE AUTHORITY OF THE BOARD OF ADJUSTMENT TO REFLECT THAT CHANGED AUTHORIZATION, AND TO TRANSFER THE AUTHOR!ry OF THE BOARD OF ADJUSTMENT ACTING AS THE FLOOD PLAIN MANAGEMENT BOARD TO THE DESIGN REVIEW AND HISTORIC PRESERVATION BOARDS, TO AUTHORIZE SUCH BOARDS TO GRANT VARIANCES FROM THE FLOOD PLAIN ORDINANCE FOR APPLICATIONS WITHIN THEIR RESPECTIVE JURISDIGTIONS; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILIry AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach Land Development regulations provides for the regulation of land and establishes the jurisdiction and authority of the various land use boards within the City, and WHEREAS, the City Commission has determined that it is in the best interests of the City to reorganize the responsibilities of the various land use boards, so that the process is made more efficient for property owners seeking development approvals from land use boards; and WHEREAS, one efficiency that the Commission seeks to provide through this ordinance is to allow the Design Review Board and Historic Preservation Board, when applications are presented to them, to consider and if appropriate grant variances that are contained in such plans, and expressly requested as part of the applications presented; and WHEREAS, when the Design Review Board and Historic Preservation Board considering plans that have flood plain implications, such boards should also have authority to grant variances from the flood plain regulations, where appropriate; and WHEREAS, the Planning Board recommended approval at its meeting dated May 27,2014 by a vote of6-0; and WHEREAS, to the extent that the transfer of authority over variances from the Board of Adjustment to the Design Review and Historic Preservation Boards required the approval of the voters, such approval occurred at the election held on August 26,2014; and are the 50 WHEREAS, the amendments set forth below are necessary to accomplish the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIry GOMMISSION OF THE CIry OF MIAMI BEACH, FLORIDA: SECTION 1. Chapter 118, "Administrative and Revlew Procedures," Article Vlll, "Procedure for variances and administrative appeals," Sections 1 18-351, "Determination of Jurisdiction," and 118-352, "Procedure," of the Land Development Regulations, are hereby amended to read as follows: Sec. 118-351. Determination of jurisdiction. ** All variance requests shall be submitted to the city attorney for a determination of whether the requested variance or administrative appeal is properly before the board of adjustment, desion review board. or historic preservation board, and whether it constitutes a change or amendment to these land development regulations. The jurisdiction of the each board +aajustpnen+ shall not attach unless and until the board has before it a written opinion from the city attorney that the subject matter of the request is properly before the board. The written recommendations of the planning and zentng director shall be before the board prior to its consideration of any matter before it. Comments from other departments, including, but not limited to, the public works department and the planning, design and historic preservation division, shall be incorporated into these recommendations. Sec. 118-352. Procedure. (e)Requests for variances before the design review board or historic preservation board shall follow the orocedures for consideration of applications set forth in the land development requlations for those boards. SEGTION 2. Chapter 118, "Administrative and Review Procedures," Article ll, "Boards," Division 3, "Design Review Board," Sec.118-71, "Powers and Duties," Division 4, "Historic Preservation Board,"Sec.118-102, "Powers and Duties," and Division 5, "Board of Adjustment," Sec. 118-136, "Powers and duties," of the Land Development Regulations, are hereby amended to read as follows: Division 3, "Design Review Board," Sec.118-71, "Powers and Duties." 16; To authorize tne qrantino of i/ariances acclrdins to the vlriance rules. procedures and criteria in section 1 18-353. 1 18-355. 1 18-356 and 1 18-357, upon application for proiects fallinq within the iurisdiction of this board. An affirmative vote of five- sevenths of all members of the board shall be necessarv to approve anv variance request. ln orantinq a variance, the desion review board mav prescribe appropriate conditions and safequards. Violation of such conditions and safequards. when made a part of the terms under which the variance is qranted, shall be deemed a violation of these land development requlations. 2 51 (7) The desiqn review board shall serve as the citv's floodplain manaoement board for applications concerninq properties within its iurisdiction. and shall have the authoritv to exercise all powers and perform all duties assiqned to such board pursuant to section 54-31 et seq. and Resolution No. 93-20698, and in accordance with the procedures set forth therein as such ordinance and resolution mav be amended from time to time. Division 4, "Historic Preservation Board,"Sec.118-102, "Powers and Duties." (5)To authorize the qrantino of variances accordinq to the variance rules. procedures and criteria in section 118-353. 118-355, 118-356 and 118-357. upon application for proiects fallinq within the iurisdiction of this board. An affirmative vote of five- sevenths of all members of the board shall be necessarv to approve anv variance request. ln orantinq a variance, the historic preservation board mav prescribe appropriate conditions and safequards. Violation of such conditions and safequards. when made a part of the terms under which the variance is qranted. shall be deemed a violation of these land development requlations. with regard te varianees asseeiated with preperties designated as histerie sites; histerie buildings, histerie struetures' histerie imprevements; histerie landseape Register Distriet threugh written reeemmendatien te be read inte the reeerd by the planning and zening direeter at the beard ef adjustment's hearing, (13) The historic preservation board shall serve as the citv's floodplain manaqement board for applications concernino properties within its iurisdiction, and shall have the authoritv to exercise all powers and perform all duties assiqned to such board pursuant to section 54-31 et seq. and Resolution No. 93-20698, and in accordance with the procedures set forth therein as such ordinance and resolution mav be amended from time to time. Division 5, "Board of Adjustment," Sec. 1 18-136, "Powers and duties." (2)To authorize, upon application, a-€u€l+-variances from the terms of these land development regulations as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of a provision of these land development regulations would result in unnecessary and undue hardship, except variances requested on properties subiect to the iurisdiction of the desion review board or historic preservation board. An atfirmative vote of five-sevenths of all members of the board shall be necessary to approve any variance request. (b) The board of adjustment shall serve as the city's floodplain management board, for properties within its iurisdiction. and shall have the authority to exercise all powers and perform all duties assigned to such board pursuant to section 54-31 et seq. and 52 Resolution No. 93-20698, and in accordance with the procedures set forth therein as such ordinance and resolution may be amended from time to time. 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. 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 5. SEVERABILITY. lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect @ien on December 1. 2014. PASSED and ADOPTED this day of ATTEST: MAYOR CIry CLERK First Reading: Second Reading: APPROVED AS TO FORM AND LANGUAGE 2014. & FOR EXECUTION \------ ^1zzlk First Reading: June 11,2014 Second Reading: September 10,2014 Second Reading (Reconsidered): September 30, 2014 Verified by: Thomas R. Mooney, AICP Planning Director Underscore denotes new language S+ikemreugn denotes deleted lang uage T:\AGENDAt201 4\September\September 30Variance and Flood Plain Authority 4 Date - ORD Second Reading.docx 53 ttlAlll XEIIIO I HramiHerald com LOCAL& STATE SAIURDAY. SEPT€i1BER 20. 2014 I 78 CITY OF MIAMIBEACH NOTICE CIF PUBLIC HEARING I{OTICE lS HEREBY given th€t I Second Reading Public Hearing will he held by the Mayor and City Commission of rh6 Clty of Miami Beach, Florida, in lhe Commission Chambers, 3rd floor. City Hall, 1700 Convention Center Drive. Miami Eeach, Florida. on Tuesday, Soptombsr 3{1, 2014, at 5:10 p.m., or as soon thereafter as the matter can be heard, to consider the following: An Ordinance AmendingThe Land Developrfl ent Regulstions OfThe City Code, ByAmending Chapter 1'l& "Admlnistratlve And Review Procedures," Anlcle Vlll, "Procedure For Variances And Administrative Appealsl S€ction 11& 351, "Determination Of Jurisdiction," Section I18-352, 'Procedurei" Article ll, "Boardsi Division & 'Deslgn Review Boardl Section 1I&71, 'Powers And Duties;" Division 4 "Hirtoric Presarvation Boardl Section 102, "Fowers And Duties;" Division 5, "Board Of Adjustmenti Section 11& 136, 'Powers And Dulies:" To Amend The Jurisdiction Ol The Boards Of Adjustment, Design Review. And Historic Preservation gy Authorizing The Design Review And Historic Preservation Boards To Grant Variances Presented ln Applications \ilithin Their Hespective Jurisdictions, Amending The Authority Of The Board Ol Adiustment To Rellect That Chonged Authorization, And To Transfer The Authority Of The Board Of Ad,ustment Acling AsThe Flood Plain Management BoardToThe Design Review And Historic Preservstion Boards, To Authorize Such Boards To Grant Variances FromThe Flood Plain Ordinance For Applicatioils Within Their Respective Jurisdicrions; Providing For Repealer; Codification Severability And An EffeLtive Date. lReconside6tion of Effactive Dato to December 1, Sttit.l lnciuiries may be directed to the Plannlng Department at 305.6V3.7550. lnterested parties are invited to appear at this meeting, or be represented by 6n agent, or to express their views in writing addressed to the City Commission, c1o the City Clerk, 1700 Convenlion Center Drive, 1d Floor, City HBll. Miami Beach, Florlda 33139. A copy of this item is available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Cent.r Drive, 1.I Floor, City Hall, Miami Beach, Florida 33'l39.This meeling, or any item therein, may b6 cofitinued, and under such circumstances, additional legal notice need no1 be provided, Pursuant to Ssction 286.0105, Fla. St8t., the City hereby advises the public that il a person decides to appeal any decision made by the City Commlssion with respect to any mafter considered at its mee'ting or its hearing, such person musl ensure thal a verbatim rocord of the proceedings is made, whlch record includes the testimony and evidence upon which the appeal is to be based. This notlce does not constitute consent by the City lor the introduction or admission of otherwise inadmissible or irrelevaflt evidence, nor does it authorize challenges or appeals not olherwise allowed by law. To requestthis material in accessible format. sign language interpreters, information on access for persons with disabilities and./or any accommodation to revlew any document or participate in any City-sponsored proceeding, please contact us tive days in advanc6 at 305.873,7411{voice} orTTY users may slso call the Florida Helay Servlce at?11. Ra{ael E. Granado, City Clerk City of Miami Eeach !r39 54 THIS PAGE INTENTIONALLY LEFT BLANK 55 COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment pertaining to the prohibition on commercial solicitation in certain areas. lntended Outcome The government interests supporting these proposed amendments include: (1) Protecting the historic character of these districts, the City's economic engine; (2) Developing the high-end retail and high-end sidewalk caf6 promenades in the district; (3) Promoting luxury tourism; (4) Minimizing harassment of pedestrians along the public right-of-way; (5) Minimizing congestion; (6) Reducinq litter; (7) lmprovinq the aesthetic experience for residents and visitors. Supporting Data (Surveys, Environmental Scan, etc The City has received numerous complaints from residents, visitors, and business owners and managers regarding the proliferation of commercial solicitation activities. Item Summary/Recommendation : FIRST READING The proposed amendment to Section 74-1 seeks to prohibit commercial solicitation along the public right-of-way within the following areas: (1) The area bounded on the north by, but not including, 17th Street, bounded on the east by, but not including, Washington Avenue, bounded on the south by Lincoln Lane, and bounded on the west by Alton Road;(2) Ocean Drive from Sth to 1Sth Streets;(3) Collins Avenue from Sth to 15th Streets;(4) Washington Avenue from Sth to Lincoln Road;(5) Allcross streets and bystreets bounded on the north by 1Sth Street, bounded on the east by Ocean Drive, bounded on the south by 5th Street, and bounded on the west by Washington Ave;(6) Espaffola Way from Pennsylvania Avenue to Collins Avenue; and(7) Lummus Park. As ln the current version of Section 74-1,the prohibitions on commercial solicitation in the proposed amendment would apply at all times. Additionally, the proposed amendment seeks to clarify the prohibitions on commercial solicitation by deleting the language relating to accosting or attempting to accost any person for the purpose of soliciting him or her to purchase any good, service, food, or beverage. The Administration recommends that the City Commission approve the Ordinance at First Reading, refer this item for discussion at the October 31, 2014 Neighborhood/Community Affairs Committee meeting, and schedule a Second Reading Public Hearing for November 19, 2014. Financial lnformation : Source of Funds: Amount Account 1 2 3 OBPI Total Financial lmpact Summary: ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the longterm economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measureable impact on the City's budget. City Attorney's Office - Camilo Mejia (Ext. 6731) {s MIAfiAIBTACH rrnr'r RSE 56 MIAMIBEACH €ity of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO:Mayor Philip Levine and Members f the Ci Commission FROM: Jimmy L. Morales, City Manager DATE: September 30,2014 FIRST READING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 74 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "PEDDLERS AND SOLICITORS," BY AMENDING ARTICLE I, ENTITLED ..IN GENERAL," BY AMENDING SECTION 74.1, ENTITLED "SOLICITING BUSINESS IN PUBLIC FROM PEDESTRIANS,'' TO PROHIBIT COMMERCIAL SOLICITATION IN CERTAIN AREAS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRAT!ON RECOMMENDATION The Administration recommends that the City Commission approve the Ordinance at First Reading, refer this item for discussion at the October 31,2014 Neighborhood/Community Affairs Committee meeting, and schedule a Second Reading Public Hearing for November 19, 2014. BACKGROUND A. Chapter 74-1: Current Prohibition on Commercial Solicitation ln its current form, Section 74-1 of the Code of the City of Miami Beach places restrictions on the solicitation of pedestrians for commercial purposes. More specifically, this Section provides that: It shall be unlaMul for any person, while upon any public street or sidewalk or while in any building, doonruay, stairway, window or other opening abutting on or adjacent to such street or sidewalk, to accost or attempt to accost any pedestrian on such street or sidewalk for the purpose of soliciting him to purchase any property, real or personal, or any food, beverage or service, or to solicit him to enter any place of business for the purpose of selling to or 57 inducing or attempting to induce such pedestrian to purchase any property, real or personal, or any food, beverage or service. This prohibition applies year-round throughout the City. B. Proposed Amendments The proposed amendment to Section 74-1 seeks to prohibit commercial solicitation along the public right-of-way within the following areas: (1) (2) (3) (4) (5) The area bounded on the north by, but not including, 17th Street, bounded on the east by, but not including, Washington Avenue, bounded on the south by Lincoln Lane, and bounded on the west by Alton Road; Ocean Drive from 5th to 1Sth Streets; Collins Avenue from Sth to 15th Streets; Washington Avenue from Sth to Lincoln Road; All cross streets and bystreets bounded on the north by 1Sth Street, bounded on the east by Ocean Drive, bounded on the south by Sth Street, and bounded on the west by Washington Ave; Espafrola Way from Pennsylvania Avenue to Collins Avenue; and Lummus Park. (6) (7) As in the current version of Section 74-1, the prohibitions on commercial solicitation in the proposed amendment would apply at all times. Additionally, the proposed amendment seeks to clarify the prohibitions on commercial solicitation by deleting the language relating to accosting or attempting to accost a pedestrian for the purpose of soliciting him or her to purchase any good, service, food, or beverage. The government interests supporting these proposed amendments include: (1) Protecting the historic character of these districts, the City's economic engine; (2) Developing the high-end retail and high-end sidewalk caf6 promenades in the district; (3) Promoting luxury tourism; (4) Minimizing harassment of pedestrians along the public right-of-way; (5) Minimizing congestion; (6) Reducing litter; (7) lmproving the aesthetic experience for residents and visitors. ANALYSIS A. Historv of Art Deco District, Ocean Drive. Lincoln Road The Miami Beach Architectural neighborhood types based on function commercial areas and the residential District can be divided into three major and use - the seasonal hotel area, the area. Architecturally, these zones are 2 58 easily recognized and coincide with the long-established street configuration. The seasonal hotel area is concentrated along Ocean Drive from Sth Street to 15th Street and along Collins Avenue from 6th Street to 23'd Street. A secondary concentration of such hotels is located in the Collins Park/James Avenue area north of Lincoln Road and east of Washington Avenue. The commercial areas are largely restricted to two streets which traverse the District from north to south (Washington Avenue) and east to west (Lincoln Road). The residential area which surrounds Flamingo Park includes both multi-family and single family buildings. This approximately 125 square block area contains the largest concentration of 1920s and 1930s era resort architecture in the United States. Dozens of grand, Mediterranean Revival style hotels were built during the 1920s. ln the early 1930s the City was being promoted and developed as a tropical playground. lt is during this phase that a new building boom began, and would last until the beginning of World War ll. The vast majority of the over 800 buildings constructed in the 1930swere designed in the Moderne (Art Deco and Streamline) style of architecture. These apartment houses and commercial buildings were built by only a few architects working for a small number of developers, resulting in a uniformity of scale, architectural style and extraordinary architectural compatibility, and giving the district an extremely cohesive character. ln 1979, the Miami Beach Architectural District was listed on the National Register of Historic Places. This act set a historic precedent because it marked the first recognition of a 20th Century district. Today, the Art Deco district of Miami Beach is one of America's most famous neighborhoods. lts Art Deco architecture has formed the backdrop to many fashion shoots, movies, television shows, and music videos. Benefiting from its unique geography and history, the preservation of Miami Beach has had a significant regional economic impact. The Art Deco district and South Beach were the top tourist attractions in Miami-Dade County in 2008, visited by nearly 52% of its 12 million visitors. From 1995-2009, these visitors to Miami Beach spent some $15 billion for food, drinks and lodging, with historic South Beach drawing nearly 75% of this spending. B. Commercial Solicitation Commercial solicitation of pedestrians along Ocean Drive, Lincoln Road, Washington Avenue, Collins Avenue, and Espahola Way causes increased pedestrian congestion and harassment of the tourists and residents who frequent these historically significant and popular tourist destinations. Commercial solicitation has been a problem for the City for some time, as reflected by numerous complaints from residents, businesses, and visitors, as well as the observations of City officials, regarding the harassment and accosting of pedestrians arising from commercial solicitation activities. 59 As an internationally famous tourist destination, the visual blight caused by commercial solicitation harms the City's goal of promoting tourism and continuing to be an internationally renowned tourist destination. Commercial solicitation along these historically significant and popular areas reduces pedestrians' enjoyment of these areas and impedes the City's vision of these areas as pleasant and tranquil promenades. C. Evidence Considered in Support of the Amendments The City has received numerous complaints from business owners and managers regarding the proliferation of commercial solicitation activities, particularly along Lincoln Road. Although the experiences of these business owners and managers vary, they include, but are not limited to, the following observations: Employees of several retail stores along Lincoln Road actively solicit pedestrians on the public right-of-way by approaching them in an aggressive manner, including by touching a potential customers' hair or body, questioning pedestrians insistently, and continuing to speak with and walk along pedestrians who ask to be left alone. Commercial solicitation has damaged the reputation of Lincoln Road, creating a "honky tonk" atmosphere. On at least one occasion, a pedestrian was "cursed out" when said pedestrian refused to go along with a sales pitch from a solicitor. Employees of stores engaging in commercial solicitation are scaring customers, tourists, and pedestrians away from entering nearby businesses. Customers often complain about their anger, annoyance, and discomfort resulting from the exposure to commercial solicitation tactics. Often, pedestrians will avoid the entire side of the street where the commercial solicitation activities are taking place, or will quickly walk past these areas in order to avoid the harassment. Employees of neighboring retail and food establishments avoid the areas where commercial solicitation takes place, and are forced to take alternate routes to get to work, in order to avoid the harassing conduct of commercial solicitors. ln addition to complaints of business owners and managers, the Administration has also received numerous complaints from residents and 4 60 visitors. These include email accounts of not being able to walk along Lincoln Road without fear of being hassled and/or harassed, as well as descriptions of rude behavior and comments when a pedestrian chooses to avoid the commercial solicitation activities. D. Proposed Alternative Solutions The Administration has considered several alternatives with a view towards resolving the problems of commercial solicitation. One of these alternatives involves the creation of free speech "bubbles," which would essentially require that any commercial solicitation activities take place beyond a minimum threshold distance surrounding a pedestrian. This alternative has been discussed and, ultimately, rejected due to the difficulties that arise in connection with the enforcement of buffer zones in the hightraffic pedestrian areas where solicitation is a problem. A second alternative is to create commercial solicitation "boxes" or "zones," in which commercial solicitation would be allowed with little or no limitation. The Administration considered several such areas, including: (1) the intersection of Lincoln Road and Washington Avenue; (2) the intersection of Ocean Drive and Fifth Street; and (3) the intersection of Ocean Drive and Tenth Street. Several challenges arise in connection with this alternative. First, this alternative does not address many of the legitimate concerns raised above because it still would create a bazar atmosphere. Also, it is difficult to determine the geographic limitations of these zones, as well as the extent of the limitations on speech, if any, on commercial soliciting within these zones. Second, commercial speech zones would create enforcement challenges, as it would be difficult to define the boundaries of the zone itself, and, in addition, there would likely be some spillover effect outside of the zone and into the surrounding bystreets and side streets. Finally, creating free speech zones exclusively for commercial speech, while at the same time not requiring such zones for other types of speech, would likely result in additional enforcement difficulties for City Code enforcement officers. As a third alternative, the Administration considered limiting the application of the commercial solicitation ban to aggressive solicitation. As with the other alternatives, this limitation poses several important problems. First, it is difficult to define precisely what kind of conduct constitutes "aggressive" solicitation, as this is a highly subjective term. Similarly, training Code enforcement officers to recognize whether particular conduct is in fact aggressive, and thus subject to a violation, would also present a challenge. ln addition, limiting the ban to aggressive solicitation would not help to resolve the more prevalent problem of non-aggressive commercial solicitation along the City's rights-of-way. Accordingly, the Administration does not recommend adopting this alternative. 61 FINANCIAL IMPACT ln 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 measureable impact on the City's budget. CONCLUSION The Administration recommends that the City Commission approve the Ordinance at First Reading, refer this item for discussion at the October 31,2014 Neighborhood/Community Affairs Committee meeting, and schedule a Second Reading Public Hearing for November 19,2014. 62 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 74 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED ..PEDDLERS AND SOLICITORS," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SBCTION 74-I, ENTITLED "SOLICITING BUSINESS IN PUBLIC FROM PEDESTRIANS," TO PROHIBIT COMMERCIAL SOLICITATION IN CERTAIN AREAS; PROVIDING FOR REPEALER, SEVERABILITY' CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, Washington Avenue from 5'h Street to Lincoln Road ("Washington Avenue"); Ocean Drive from 5th Street to 15ft Street ("Ocean Drive"); the area bounded on the north by, but not including, 17th Street, bounded on the east by, but not including, Washington Avenue, bounded on the south by Lincoln Lane, and bounded on the west by Alton Road ("Lincoln Road Area"); the area bounded on the north by 15th Street, bounded on the east by Ocean Drive, bounded on the south by 5tn Street, and bounded on the west by Washinglon Avenue ("Collins Avenue Area"); Espaflola Way from Pennsylvania Avenue to Collins Avenue ("Espaflola Way"); and Lummus Park, are located within or adjacent to unique historic districts in the City of Miami Beach ("City") and are nationally and intemationally popular tourist destinations; and WHEREAS, the City of Miami Beach and, in particular, the Lincoln Road Area, Espaflola Way, Lummus Park, Ocean Drive, Washington Avenue, and the Collins Avenue Area, are located in the "South Beach" area, which attracts a reported 6.8 million tourists from around the world annually and is host to a myriad of major events, such as Art Basel - Miami Beach, The Food Network South Beach Wine & Food Festival, the Miami Intemational Boat Show, White Party, Winter Party, Winter Music Conference, Miami Marathon, Art Deco Weekend, South Beach Comedy Festival, Mercedes Benz Swimwear Fashion Week, among others, that attract local, national, and intemational visitors; and WHEREAS, situated within the Lincoln Road and Collins Avenue Areas, and along Ocean Drive, Washington Avenue, Lummus Park, and Espaflola Way are a multitude of retail, dining, and entertainment venues that include restaurants, sidewalk cafes, nightclubs, the Fillmore at the Jackie Gleason Theater, the New World Symphony, City parks, and retail stores, all of which are heavily trafficked by residents, visitors, and tourists who desire to visit, shop, dine, and attend cultural performances, or to simply stroll along these areas without any disruption and intimidation; and WHEREAS, the City of Miami Beach has a significant governmental interest in providing its residents, visitors, and tourists with a pleasant, enjoyable, and safe environment free of nuisance activity; and WHEREAS, the commercial solicitation of pedestrians along these heavily traveled pedestrian areas causes increased pedestrian congestion and harassment of tourists and residents who traverse these historic areas; and 63 WHEREAS, the harassment of pedestrians arising from commercial solicitation activities is a burgeoning problem in the City of Miami Beach, as reflected by numerous complaints from residents, business owners, and visitors; and WHEREAS, the businesses that engage in commercial solicitation activities disrupt the activities of the surrounding outdoor cafes, restaurants, nightclubs, retail establishments, and entertainment venues, by physically approaching, harassing, and intimidating residents, visitors and tourists in places where it is difficult to exercise the right to decline to listen to them or avoid their requests; and WHEREAS, commercial solicitation activities on the public rights-of-way in the above- stated areas dissuade residents, visitors and tourists from traversing these areas, resulting in the disruption and/or loss of business to the surrounding outdoor cafes, restaurants, nightclubs, retail establishments, and entertainment venues; and WHEREAS, the businesses that engage in solicitation activities regularly distribute commercial handbills to pedestrians, resulting in increased litter and adversely impacting the City's interests in preserving its aesthetic ambience, tourist industry, and image as a beautiful and enjoyable beachfront destination; and WHEREAS, the City recognizes that commercial speech is entitled to First Amendment protection and its regulation must be content-neutral and narrowly tailored to serve a significant goverrrment interests while leaving open alternative channels of communication; and WHEREAS, the City has significant governmental interests in protecting the character of its historic districts, developing the high-end retail and high-end promenades within its historic and entertainment districts, promoting luxury tourism, minimizing the harassment of pedestrians along the public right-of-way, minimizing congestion, reducing litter, and improving the aesthetic experience for residents and visitors; and WHEREAS, it would serve the aforementioned govemmental interests for the Commission to enact an Ordinance increasing the City's ability to enforce its regulations by prohibiting the commercial solicitation of pedestrians on the public rights-of-way on Washington Avenue, Ocean Drive, the Collins Avenue Area, the Lincoln Road Area, Espaflola Way, and Lummus Park; NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS: SECTION 1. That Article I of Chapter 74 of the Code of the City of Miami Beach, Florida is hereby amended as follows: 64 Chapter 74 PEDDLERS AND SOLICITORS ,r*rr ARTICLE I. IN GENERAL ,r ?1. ,r I Sec. 74-1. Soliciting business in public-frompede*tri*a*. (a) Prohibitions. It shall be unlawful f,-or an)'person; r'v or rvhile in any tuildin8, doorvva.v; st&irwa)'; window er other opening allutting on or adjaeent to @tosolioitffiany er-side*atk-for the purpose of ssliei+@.inSluqig*H+Fsuch person to purchase any property, real or personal, or any food, beverage or service, or to solicit hi*n-Spch*gfSgn to enter any place of business for the purpose of se$i*g*e-eFinducing or attempting to induce such peees+rian-pgtl9! to purchase any property, real or personal, or any food, beverage or service. 'l_bis Section qhall appl), r..'v'hen the so_l.ic_itor or theJl_e_rson being solicited.is located p-n.any pr-Lhlic right-of.rvay" which rneans ancl includes. but is not lirnited to. zrny' street. sidervalk. street corner. cLlrb. bicycle rlath. or oedestrian walkrvay. in anlr of the {bllolvinq areas in the Cit.v" o{' ivliami Beach. 'I'his Section shall also appl), to any doorrvar-. stairwa,v. winclorv or other openins of a b_pilding Abutting on o_rg_djacent to tuch righl-of-wav. in.Any of-tlt-qlbllorving-areas inlhg Cit)'. of Miami lleach: (1) The area boundecl on the north b)2. brit not inclucling. 17th Street. bouncled on the east bl'. but not including. Washington r\venue. bounded on the south by Lincoln Lane-. -and bounded on the y:,*est by Alt<r.n Ro4ll: (2) Oceal Drive fronr 5th to l5th Streets: (3) Collins Avenue ltom 5th to l5th Streets: (-i) Washington Avenue from 5th to Lincoln Road: (5) All cross streets anll b_Jstreets b_o_ulded sl-the north-bJ 15th Street. bounded on.the east by C)cean Drive. bclunded cln the south b)i 5th Street" artd bounded on the rvest b.,- Washington Ave: (6) Espaflola Way fiorn Pennsylvania Avenue to Collins Avenue: arnd (7) [.,ummus-l]-Ark. d<** SECTION 2. CODIFICATION It is the intention of the Mayor and the 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. 65 SECTION 3. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE PASSED and ADOPTED this - day of _,2014. Thisordinanceshalltakeeffectonthe-dayof-,2014. ATTEST: Philip Levine, Mayor Rafael E. Granado, City Clerk Underscore denotes additions S*ike+nreugh denotes deletions (Sponsored by Mayor Philip Levine) APPROVED AS TO FORM & LANGUAGE \- ctV Nnoneu6Xl 66 THIS PAGE INTENTIONALLY LEFT BLANK 67 COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment pertaining to the distribution of commercial handbills. lntended Outcome Su The government interests supporting these proposed amendments include: (1) Protecting the historic character of these districts, the City's economic engine; (2) Developing the high-end retail and high-end sidewalk caf6 promenades in the district; (3) Promoting luxury tourism; (4) Minimizing harassment of pedestrians along the public right-of-way; (5) Minimizing congestion, (6) Reducing litter; (7) lmproving the aesthetic for residents and visitors Supporting Data (Surveys, Environmental Scan, etc The City has received numerous complaints from residents. visitors. and business owners and the oroliferation of commercial handbills. HsrAGENDA [TEt', DATE Item Summary/Recommendation : FIRST READING The proposed amendment to Section a6-92(g) seeks to prohibit the distribution of commercial handbills along the public right-of-way in the following areas: (1) The area bounded on the north by, but not including, 17th Street, bounded on the east by, but not including, Washington Avenue, bounded on the south by Lincoln Lane, and bounded on the west by Alton Road; (2) Ocean Drive from 5th to 15th Streets;(3) Collins Avenue from Sth to 15th Streets'(4) Washington Avenue from 5th to Lincoln Road;(5) All cross streets and bystreets bounded on the north by 15th Street, bounded on the east by Ocean Drive, bounded on the south by Sth Street, and bounded on the west by Washington Ave.;(6) Espafrola Way from Pennsylvania Avenue to Collins Avenue; and(7) Lummus Park. As in the current version of Section 46-92(g), the ban on the distribution of commercial handbills within 20 feet from the outside perimeter of any approved sidewalk caf6, on any right-of-way within the approved sidewalk caf6, and on any City beach east of the dunes would remain in force throughout the City. The Administration recommends that the City Commission approve the Ordinance at First Reading, refer this item for discussion at the October 3'l,20'14 Neighborhood/Community Affairs Committee meeting, and schedule a Second Reading Public Hearing for November 19,2014. Financial lnformation: Funds: Amount Account 1 2 3 OBPI Total Financial !mpact Summary: ln 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{erm economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measureable impact on the City's budget. Clerk's Office City Attorney's Office - Camilo Mejia (Ext. 6731) Assigi{ant Cjly Manager # MIAMISTACH ?-3o4tt68 MIAMIBEACH City of Miomi Beoch, I 700 Convenlion Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov COMMISSION MEMORANDUM TO:Mayor Philip Levine and Members the C Commission FROM: Jimmy L. Morales, City Manager DATE: September 30,2014 SUBJECT: AN ORDINANCE OF THE MA AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE CIry OF MIAMI BEACH, FLORIDA, ENTITLED ,.ENVIRONMENT," BY AMENDING ARTICLE III, ENTITLED "LITTER," BY AMENDING DIVISION ',|, ENTITLED "GENERALLY," BY AMENDING SECTION 46-92(al, ENTITLED,.DEFINITIONS," BY ADDING A DEFINITION FOR THE TERM "RIGHT-OF-WAY," BY AMENDING SECTION 46-92(9), ENTITLED.,PROHIBITION ON COMMERCIAL HANDBILL DISTRIBUTION,'' BY AMENDING THE REGULATIONS AND PROHIBITIONS FORTHE DISTRIBUTION OF COMMERCIAL HANDBILLS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFEGTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the Ordinance at First Reading, refer this item for discussion at the October 31,2014 Neighborhood/Community Affairs Committee meeting, and schedule a Second Reading Public Hearing for November 19,2014. BACKGROUND A. Chapter 46-92(q): Current Prohibitions on Commercial Handbill Distribution Section 46-92(9) prohibits the distribution of commercial handbills during high-impact periods on certain streets within the City's art deco district: Ocean Dr]ve tiom dth through 1sth Streets, Washington Av'enue from 6th through 17th Streets, Collins Avenue from 6th through 17th Streets, and on any portion of Lincoln Road). The City Code defines high-impact periods as "those periods of time as annually designated by the City Manager during which one of the following occur: FIRST READING 69 (i) There is a designated major event period; (ii) A maintenance or traffic plan is required; (iii) Hotel occupancy levels are anticipated to be greater than 75 percent; (iv) Mutual aid or other assistance from outside agencies is required to provide for the safety and well-being of residents and visitors to the destination; and (v) An event on public property is anticipated to result in more than 25,000 visitors to the destination. ln addition to the above prohibition, Section 46-92(9) also bans the distribution of commercial handbills within 20 feet from the outside perimeter of any approved sidewalk caf6, on any right-of-way within the approved sidewalk caf6, and on any City beach east of the dunes. B. Proposed Amendments The proposed amendment to Section a6-92(g) seeks to prohibit the distribution of commercial handbills within the following areas: (1) The area bounded on the north by, but not including, 17th Street, bounded on the east by, but not including, Washington Avenue, bounded on the south by Lincoln Lane, and bounded on the west by Alton Road;(2) Ocean Drive from Sth to 'lSth Streets;(3) Collins Avenue from 5th to 1Sth Streets;(4) Washington Avenue from Sth to Lincoln Road;(5) All cross streets and bystreets bounded on the north by 1Sth Street, bounded on the east by Ocean Drive, bounded on the south by 5th Street, and bounded on the west by Washington Ave; Espafrola Way from Pennsylvania Avenue to Collins Avenue; and Lummus Park. As in the current version of Section 46-92(9), the ban on the distribution of commercial handbills within 20 feet from the outside perimeter of any approved sidewalk caf6, on any right-of-way within the approved sidewalk caf6, and on any City beach east of the dunes would remain in force throughout the City. The government interests supporting these proposed amendments include: (1) Protecting the historic character of these districts, the City's economic engine; (2) Developing the high-end retail and high-end sidewalk caf6 promenades in the district; (3) Promoting luxury tourism; (4) Minimizing harassment of pedestrians along the public right-of-way; (5) Minimizing congestion; (6) Reducing litter; (7) lmproving the aesthetic experience for residents and visitors. (6) (7) 70 ANALYSIS A. Historv of Art Deco District. Ocean Drive. Lincoln Road The Miami Beach Architectural District can be divided into three major neighborhood types based on function and use - the seasonal hotel area, the commercial areas and the residential area. Architecturally, these zones are easily recognized and coincide with the long-established street configuration. The seasonal hotel area is concentrated along Ocean Drive from 5th Street to 15th Street and along Collins Avenue from 6th Street to 23'd Street. A secondary concentration of such hotels is located in the Collins ParUJames Avenue area north of Lincoln Road and east of Washington Avenue. The commercial areas are largely restricted to two streets which traverse the District from north to south (Washington Avenue) and east to west (Lincoln Road). The residential area which surrounds Flamingo Park includes both multi-family and single family buildings. This approximately 125 square block area contains the largest concentration of 1920s and 1930s era resort architecture in the United States. Dozens of grand, Mediterranean Revival style hotels were built during the 1920s. ln the early 1930s the City was being promoted and developed as a tropical playground. lt is during this phase that a new building boom began, and would last until the beginning of World War ll. The vast majority of the over 800 buildings constructed in the 1930swere designed in the Moderne (Art Deco and Streamline) style of architecture. These apartment houses and commercial buildings were built by only a few architects working for a small number of developers, resulting in a uniformity of scale, architectural style and extraordinary architectural compatibility, and giving the district an extremely cohesive character. ln 1979, the Miami Beach Architectural District was listed on the National Register of Historic Places. This act set a historic precedent because it marked the first recognition of a 20th Century district. Today, the Art Deco district of Miami Beach is one of America's most famous neighborhoods. lts Art Deco architecture has formed the backdrop to many fashion shoots, movies, television shows, and music videos. Benefiting from its unique geography and history, the preservation of Miami Beach has had a significant regional economic impact. The Art Deco district and South Beach were the top tourist attractions in Miami-Dade County in 2008, visited by nearly 52% of its 12 million visitors. From 1995-2009, these visitors to Miami Beach spent some $15 billion for food, drinks and lodging, with historic South Beach drawing nearly 75% of this spending. B. Commercial Handbill Distribution The distribution of commercial handbills along Ocean Drive, Lincoln Road, Washington Avenue, Collins Avenue, and Espafrola Way causes increased 71 pedestrian congestion and harassment of the tourists and residents who frequent these historically significant and popular tourist destinations. The proliferation of commercial solicitation, including solicitation through the distribution of commercial handbills, is a burgeoning problem for the City, as reflected by numerous complaints from residents, businesses, and visitors, as well as the observations of City officials, regarding the harassment and accosting of pedestrians arising from these activities. As an internationally famous tourist destination, the visual blight caused by the handbills that end up as litter harms the City's goal of promoting tourism and continuing to be an internationally renowned tourist destination. The distribution of commercial handbills along these historically significant and popular areas reduces pedestrians' enjoyment of these areas and impedes the City's vision of these areas as pleasant and tranquil promenades. C. Evidence Considered in Support of the Amendments The City has received numerous complaints from business owners and managers regarding the proliferation of commercial handbills. These include, but are not limited to, the following observations: . Pedestrians often drop commercial handbills on the right-of-way or leave them inside other retail establishments, contributing to the accumulation of litter. Employees of several retail stores actively solicit pedestrians on the public right-of-way by distributing commercial handbills; this type of solicitation has damaged the reputation of Lincoln Road, creating a "honky tonk" atmosphere. Employees of stores engaging in commercial solicitation, who often distribute commercial handbills to convey information about their products, are scaring customers, tourists, and pedestrians away from entering nearby businesses. Customers often complain about their anger, annoyance, and discomfort resulting from the exposure to commercial solicitation tactics, including the fact that it is difficult to reject commercial handbills as a result of these tactics. . Often, pedestrians will avoid the entire side of the street where the commercial solicitation activities are taking place, or will quickly walk past these areas in order to avoid the harassment. ln addition to complaints of business owners and managers, the Administration has also received numerous complaints from residents and 72 visitors. These include email accounts of not being able to walk along Lincoln Road without fear of being hassled and/or harassed, as well as descriptions of rude behavior and comments when a pedestrian refuses to accept a commercial handbill or othenruise avoid commercial solicitation activities. D. Proposed Alternative Solutions The Administration has considered several alternatives with a view towards resolving the problems of commercial solicitation through the distribution of commercial handbills. One of these alternatives involves the creation of free speech "bubbles," which would essentially require that any commercial solicitation activities take place beyond a minimum threshold distance surrounding a pedestrian. This alternative has been discussed and, ultimately, rejected due to the difficulties that arise in connection with the enforcement of buffer zones in the hightraffic pedestrian areas where solicitation is a problem. A second alternative is to create commercial solicitation "boxes" or "zones," in which commercial solicitation would be allowed with little or no limitation. The Administration considered several such areas, including: (1) the intersection of Lincoln Road and Washington Avenue; (2) the intersection of Ocean Drive and Fifth Street; and (3) the intersection of Ocean Drive and Tenth Street. Several challenges arise in connection with this alternative. First, this alternative does not address many of the legitimate concerns raised above because it still would create a bazar atmosphere. Also, it is difficult to determine the geographic limitations of these zones, as well as the extent of the limitations on speech, if any, on commercial soliciting within these zones. Second, commercial speech zones would create enforcement challenges, as it would be difficult to define the boundaries of the zone itself, and, in addition, there would likely be some spillover effect outside of the zone and into the surrounding bystreets and side streets. Finally, creating free speech zones exclusively for commercial speech, while at the same time not requiring such zones for other types of speech, would likely result in additional enforcement difficulties for City Code enforcement officers. FINANCIAL IMPACT ln 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 measureable impact on the City's budget. 73 CONCLUSION The Administration recommends that the City Commission approve the Ordinance at First Reading, refer this item for discussion at the October 31,2014 Neighborhood/Community Affairs Committee meeting, and schedule a Second Reading Public Hearing for November 19,2014. 74 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED*ENVIRONMENT," BY AMENDING ARTICLE III, ENTITLED "LITTER," BY AMENDING DIVISION 1, ENTITLED "GENERALLY,'' BY AMENDING SECTION 46-92(a), ENTITLED "DEFINITIONS," BY ADDING A DEFINITION FOR THE TERM '.RrGHT-OF-WAY," BY AMENDING SECTION 46-92(9), ENTITLED "PROHIBITION ON COMMERCIAL HANDBILL DISTRIBUTION," BY AMENDING THE REGULATIONS AND PROHIBITIONS FOR THE DISTRIBUTION OF COMMERCIAL HANDBILLS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, Washington Avenue from 5th Street to Lincoln Road ("Washington Avenue"); Ocean Drive from 5th Street to 15th Street ("Ocean Drive"); the area bounded on the north by, but not including, 17th Street, bounded on the east by, but not including, Washington Avenue, bounded on the south by Lincoln Lane, and bounded on the west by Alton Road ("Lincoln Road Area"); the area bounded on the north by l5th Street, bounded on the east by Ocean Drive, bounded on the south by 5tn Street, and bounded on the west by Washington Avenue ("Collins Avenue Area"); Espaflola Way from Pennsylvania Avenue to Collins Avenue ("Espaflola Way"); and Lummus Park, are located within or adjacent to unique historic districts in the City of Miami Beach ("City") and are nationally and intemationally popular tourist destinations; and WHEREAS, the City of Miami Beach and, in particular, the Lincoln Road Area, Espaflola Way, Lummus Park, Ocean Drive, Washington Avenue, and the Collins Avenue Area, are located in the "South Beach" area, which attracts a reported 6.8 million tourists from around the world annually and is host to a myriad of major events, such as Art Basel - Miami Beach, The Food Network South Beach Wine & Food Festival, the Miami International Boat Show, White Party, Winter Party, Winter Music Conference, Miami Marathon, Art Deco Weekend, South Beach Comedy Festival, Mercedes Benz Swimwear Fashion Week, among others, that attract local, national, and international visitors; and WHEREAS, situated within the Lincoln Road and Collins Avenue Areas, and along Ocean Drive, Washington Avenue, Lummus Park, and Espaflola Way are a multitude of retail, dining, and entertainment venues that include restaurants, sidewalk cafes, nightclubs, the Miami Beach Convention Center, the Fillmore at the Jackie Gleason Theater, the New World Symphony, City parks, and retail stores, all of which are heavily trafficked by residents, visitors, and tourists who desire to visit, shop, dine, and attend cultural performances, or to simply stroll along these areas without any disruption and intimidation; and WHEREAS, the distribution of commercial handbills on these heavily traveled pedestrian areas causes increased pedestrian congestion, harassment of the tourists and residents who traverse these historic areas, and increases litter on sidewalks, streets, and in sidewalk caf6 75 areas; and WHEREAS, the litter on public property caused by persons distributing commercial handbills has been a problem in the City of Miami Beach for many years and has been the subject of City Commission discussions; and WHEREAS, the harassing and excessive commercial handbill distribution in or on Washington Avenue, Ocean Drive, the Collins Avenue Area, the Lincoln Road Area, Espaflola Way, and Lummus Park has resulted in significant complaints to the City, and to local business owners, from residents and tourists who seek a pleasant strolling and sightseeing experience and is an invasion of the privacy of pedestrians and a detrimental nuisance which adversely impacts the City's tourist industry; and WHEREAS, the harassing and excessive commercial handbill distribution on the public rights-of-way that are adjacent to and within sidewalk caf6 areas is also a detrimental nuisance which invades the privacy of caf6 diners and adversely impacts the City's interests inpreserving its aesthetic ambience, tourist industry, and image as a beautiful and enjoyable beachfront destination; and WHEREAS, the businesses that engage in commercial solicitation activities through the distribution of handbills disrupt the activities of the surrounding outdoor cafes, restaurants, nightclubs, retail establishments, and entertainment venues, by physically approaching, harassing, and intimidating residents, visitors, and tourists in places where it is difficult to exercise the right to decline to listen to them or avoid their requests; and WHEREAS, the commercial solicitation activities engaged in by some businesses dissuade residents, visitors, and tourists from traversing the aforementioned areas, resulting in a disruption of business to the surrounding outdoor cafes, restaurants, nightclubs, retail establishments, and entertainment venues; and WHEREAS, the City recognizes that commercial speech, including speech disseminated through commercial handbills, is entitled to First Amendment protection and its regulation must be content-neutral and narrowly tailored to serve significant government interests while leaving open alternative channels of communication; and WHEREAS, the City has significant governmental interests in protecting the character of its historic districts, developing high-end retail and high-end promenades within its historic and entertainment districts, promoting luxury tourism, minimizing the harassment of pedestrians along the public right-of-way, minimizing congestion, reducing litter, and improving the aesthetic experience for residents and visitors; and WHEREAS, it would serve the aforementioned governmental interests for the City Commission to enact an Ordinance increasing the City's ability to enforce its litter regulations by prohibiting the distribution of commercial handbills in and along Washington Avenue, Ocean Drive, the Collins Avenue Area, the Lincoln Road Area, Espaflola Way, and Lummus Park. 76 NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS: SECTION 1. That Division 1 of Article III of Chapter 46 of the Code of the City of Miami Beach, Florida is hereby amended as follows: Chapter 46 ENVIRO*NMENT ARTICLE III. LITTER DIVISION 1. GENERALLY Sec. 46-92. Litter; definitions; prohibitions on litter; penalties for litter and commercial handbill violations; commercial handbill regulations, fines, and rebuttable presumptions; seizure and removal of litter by the city; enforcementl appeals; liens. (a) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: *rfr& (3) Handbil/ means any handbill, flyer, paper, document, dodger, circular, folder, booklet, letter, card, pamphlet, sheet, poster, sticker, banner, notice or other written, printed or painted matter or object that conveys any information, except that "handbill" shall not include a newspaper or its contents. (4) Commercial handbill means any handbill that conveys any information about any good or service provided by a business. ,t( {. * (8) Rigftl-oy'u'ay rneans and inclurdes. but is not lirnited to. any state. county" or cit.v- ouns:_d publio streqLsidgrvalk" street corner" curb. bic_.):ple path" o_f pedestrian rl'alkivay'. :t*{< (g) Prohibitions on commercial handbill distribution. (1) ffisloric,lrecs. It shall be unlawlul lbr any person to distribute commercial handbills on the right-ot-u..a],'in Qny of thc follorving areas i.n.the City_of Miami []g.r4ch: a. 'l'he area bounded on the north b)." but not includins. 17th Street. hounded on the east by. but not including" Washinston Avenure. bouncled on the south by Lincoln Lane" and bounded on the u'est by Alton Road; 77 b. Ocean Drive Ii<trn 51h to l5th Streets: c. Collins Avenue frorn 5th to l5th Streets; d. ___Wasbi.pgl9n Avenue frop 5th to l,incsln Ro-ad; e. All cross streets and bvstreets boundecl on the north by 15th Street. bounded on the east by Ocean l)rive. bounded on the south bv 5th Street. and bounded on the rvest b.v Washinqton Ave: f. Espahola Wa)z fiom Penns)'lvania Avenue to Crillins Avenue: nnd g. Lurnmr-rs Park. 'l'hri prchiljlj_pls-in this_ subsection (g) shall app-l-l''t"o.the distributioUof commsrcial handbills on an).' right-of.r.vay. including but not li$itecl to any doo:ru'ay. stairrvay. r.vindo,w or other opening of a building abutting on or adizrcent to sr-rch rieht-of-way. All righls-ol'-way identif-red as prohibitecl areas shall inciude the enlire rvidth of the right-of-wary. including all sider.valks. (l.) nt/rrc;Aorus, Ene @ negister +{;stor in b= HrE# rr?p66lf€n0d#..*rleal1 t eity ffianager during-l*rieh olre or ffrore of, the llorving eeeur: ; limi+etl-+tr'*+reerel (iii) I,:lotet eee 5 p€{€ent (iv) Ir4utual-aid or sther assistanee f*'om etrtside ageneies is+equireel to des+ina+itrn;-=ilid @ion, e, ".1?itfikf$,*ry, ffreet+ls ar+d-i$eludes; burt is not li+nited to; a*l.v state;-eotmty; sr eity olrned p*blie street, *ielew-*lk; street eonrehet+rb; bieyetre path; sr @ A -.-.rlrt: Aeeo nist 78 €€ean nriYe {roin 6th {h+'otrgh +5 eerlli+*sAvenue*'onr 6tl'r tlr,rotrglr l Tth Streets, and en a*,v portisn of {,ineein Road' (?3) Sidewalk cafes. Commercial handbills shall not be distributed on the right-of-way: a. Within 20 feet in any direction from the outside perimeter of any approved sidewalk cafe (as indicated in the approved site plan attached to the city-issued permit); and b. On any right-of-way within the approved sidewalk cafe. (l4) Beaches. Commercial handbills shall not be distributed on any city beach east of the dunes. **r. SECTION2. CODIFICATION It is the intention of the Mayor and the City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made apart of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 3. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 79 SECTION 5. EFFECTIVE DATE PASSED and ADOPTED this This Ordinance shall take effect on day of _,2014. the _ day of _,2074. ATTEST: Rafael E. Granado, City Clerk Underscore denotes additions S+r*e+n+eugn denotes deletion (Sponsored by Mayor Philip Levine) Philip Levine, Mayor APPROVED AS TO FORM & LANGUAGE nltt Dote 80 THIS PAGE INTENTIONALLY LEFT BLANK 81 R7 RESOLUTIONS 82 COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING: 1) THE FINAL AD VALOREM MILLAGE OF 5.7942 MILLS FOR GENERAL OPEMTING PURPOSES, WHICH lS THIRTEEN AND FOUR-TENTHS PERCENI (13.4o/o) MORE THAN THE "ROLLED-BACK" RATE OF 5.1076 MILLS; AND 2) THE DEBT SERVICE MILLAGE RATE OF 0,2295 MILLS lntended Outcome Ensure expenditure trends are sustainable over the long term Supporting Data (Surveys, Environmental Scan, etc.): ln the 2014 Community Survey, both residents and businesses reported the following area for the City related to value for taxes paid:. Percentage of residents rating the Overall Value of City services for tax dollars paid as excellent or qood (Residents: 58%; Businesses 54%) Item Summary/Recommendation : The Administration is recommending a total combined millage rate for the City of Miami Beach o'f 6.0237, which represents a decrease of 0.0926 mills. The tentatively adopted operating millage decreased 0.0692 mills and includes a general operating millage rate of 5.7942 and a General Fund Capital Renewal and Replacement millage of 0.1083. The tentatively adopted voted debt service millage rate is adjusted from O.25291oO.2295, a decrease of 0.0234 mills. The tentativelyadopted millage rate decrease of 0.0926 mills represents aoproximatelv half of the remainino millaqe rate reduction goal of 0.2079 and does not result in a orooertv tax increase to median or averaqe propertv owners that qualifv for the homestead exemption and the Save Our Homes cap. The tentatively adopted combined millage rate of 6.0237 mills is 0.0926 mills less than the 6.1163 combined millage rate for FY 2013114. The tentatively adopted operating millage of 5.7942 mills for FY 2014115 is 0.6866 mills more than the rolled-back rate of 5.1076, and thus, the City is required to publish a Notice of Tax lncrease. The tentatively adopted operating millage rate of 5.7942 requires a majority approval (4of 7 votes)of theCommission. Finance &Committee on July 16'", August 13'", and August 29"' 2014 Financial lnformation: Source of Funds: Amount Account 1 2 OBPI Total Financial lmpact Summary: lncluding the tentatively adopted millage rate for FY 2014115, the City has decreased the millage by 0.4213 mills in the last four years and combined millage rates today remain more than 2.6 mills lower, or 31 percent, than in FY 1999/00 and approximately 1.6 mills lowerthan in FY 2006107. As a result, the tentativelv adooted oropertv tax lew is aooroximatelv $13 million less in FY 2014l15 than it was in FY 2006/07. AGEITBA mem fl7Alts MIAMIBTAf,H B^va q'97y83 g MIAMIBEACH City of Miomi Beoch, 1700 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM DATE: September30,2014 BEACH, FLORIDA,, ADOPTING: 1) THE FINAL AD VALOREM MILLAGE OF 5.7942 MILLS FOR GENERAL OPERATING PURPOSES, WHICH IS THIRTEEN AND FOUR. TENTHS PERCENT (13.4yo) MORE THAN THE "ROLLED-BACK', RATE OF 5.1076 MILLS; AND 2) THE DEBT SERVICE MILLAGE RATE OF 0.2295 MILLS ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the attached Resolution which sets the following: 1) Final Millage Rates for FY 2014115: General Operating 5.6859 mills (5.7551FY 2013114,0.0692 decrease) Capital Renewal& Replacement 0.1083 mills Sub-Total Operating Millage 5.7942 mills (5.8634FY 2013114,0.0692 decrease) Voted Debt Service 0.2295 mills @.2529 FY 2013114.0.0234 decrease)Total 6.0237 mills (6.1163 FY 2013114,0.0926 decrease) 2) The final combined millage rate of 6.0237 mills is 0.0926 mills less than the 6.1 163 combined millage rate for FY 2013114. The final operating millage of 5.7942 mills for FY 2014l15 is 0.6866 mills more than the rolled-back rate of 5.1076, and thus, the City is required to publish a Notice of Tax lncrease. The "Rolled-Back" millage rate for FY 2014115 is the millage rate required to produce the same level of property tax revenues in the General Fund in FY 2014115 as anticipated to be received in FY 2013114. lt is important to note, that the January 1,2013, tax roll Citywide declined by almost $1.02 billion (4.1o/o) between the July 1,2013 valuation and the July 1,2014 valuation due to appeals, adjustments, etc, which is part of the reason the FY 2014115 "rolled-back rate" is 0.6866 mills lower than the FY 2013114 current millage rate and lower than it would be if the rolled-back rate was only adjusted for the increase in revenues generated by higher property values. The area outside of City Center RDA, which impacts General Fund revenues, declined in value by approximately $0.24 billion during the same period of time. The Administration is recommending a total combined millage rate forthe City of Miami Beach of 6.0237. The total final operating millage decreases to 5.7942 mills, which includes a General Operating millage rate of 5.6859 and a General Fund CapitalRenewaland Replacementmillage of 0.1083. The finalvoted debtservice millage rate is adjusted fromO.2529 to 0.2295, a decrease of 0.0234 mills. 84 FY 2014115 Final Millage September 30,2014 Page2 The final adopted millage rate provides funding in the proposed budget to partially offset the following: o 3 percent Cost of Living Adjustment (COLA) o 2 percent merit increases for employees to their maximum of pay ranges. I percent increase in Health lnsurance and 7 percent increase in Dental lnsurance. 3.9 percent increase in internal service charges. $2.1 million in program and service levelenhancements PROCEDURE Florida Statutes 200.065 requires that at the conclusion of the second public hearing on the final proposed tax rate and budget, the City Commission proceed in the following specific manner: 1. Adopt an ad valorem millage rbte for FY 2013114 operating purposes. The statute requires the name of the taxing authority, the "Rolled-Back" rate, the percentage increase or decrease over the "Rolled-back" rate, and the millage rates be publicly announced before adoption of the millage levy resolution. State statute requires that only the title be read aloud. 2. Adopt a general operating budget for FY 2013114. Also included, are budgets for the Enterprise and lnternal Service Funds. This is accomplished by adopting a companion Resolution. (See accompanying City Budget Agenda ltem). SUMMARY ln FY 2010111 the city's approach to addressing the then deficit of $32 million included a distribution of the shortfall between taxpayers and employees. Taxpayers had their tax rate increased from 5.6555 to 6.2155, an increase of 0.56 mills. The goal of the Commission has been to bring them back to that level as property values increase over time. lt should be remembered that between FY 2009/10 and FY 2010/11 values declined by $Z.O billion driving the need for an increase in the millage. !n FY 201 1l12the City took its first step in that direction with a reduction in the millage rate of 0.05 mills. The millage rate for FY 2012113 reduced the operating millage by an additional 0.0746 mills. ln the FY 2013/14 budget, the millage rate was reduced 0.2275 mills. Over three years, this reduction represents 63 percent of the goal to get back to a millage rate of 5.6555. The remaining goalfor millage reduction is 0.2079. The Administration is recommending a total combined millage rate for the City of Miami Beach of 6.0237, which represents a decrease of 0.0926 mills. The final operating millage decreased 0.0692 mills and includes a generaloperating millage rate of 5.7942 and a General Fund Capital Renewal and Replacement millage of 0.1083. The final voted debt service millage rate is adjusted from0.2529 to 0.2295, a decrease of 0.0234 mills. The final millage rate decrease of 0.0926 mills represents approximately half of the remaining millage rate reduction goal of 0.2079 and does not result in a property tax increase to median or average property owners that qualify for the homestead exemption and the Save Our Homes cap. 85 FY 2014115 Final Millage September 30,2014 Page 3 It is important to remember that in prior years, the City of Miami Beach significantly reduced tax rates as property values increased. Between FY 1999/00 and FY 2009110, total combined City of Miami Beach propertytax rates declined approximately2.S mills. ln FY 2007lOB alone, the millage rate declined by approximately 1.8 mills, with annual savings to the average homesteaded property of over $400. Further, despite an adjustment of 0.56 mills in the operating tax rate in FY 2010111, City of Miami Beach final combined millage rates today remain more than 2.6743 mills lowerthan in FY 1999/00 (31 percent), and 1.6493 mills lower than 2006/07 (21.5o/o). ANALYSIS OF PROPERTY VALUES IN MIAMI BEACH On July 1,2014, the City received the "2014 Certification of Taxable Value" from the Property Appraise/s Offlce stating that the taxable value for the City of Miami Beach is $27.1 billion including $152.2 million in new construction. The preliminary 2014 value represents an increase of $2.4 billion or 9.9 percent more than the July 1 ,2013, Certification of Taxable Value of $24.6 billion and an increase of 9.3 percent, excluding new construction. The comparative assessed values for the Miami Beach Redevelopment Agency City Center redevelopment district increased from $3.9 billion to $4.2 billion an increase of $315 million or an 8.1 percent increase over 2013 certified values. ln addition, assessed values within the geographic area formerly known as the South Pointe redevelopment district increased from $3.9 billion to $4.3 billion an increase of $413 million, or a 10.5 percent increase in values over 2013 certified values. As a result, taxable values in the areas outside the City Center RDfuSouth Pointe area increased by 10.2 percent, from $16.9 billion to $18.6 billion, an increase of $1.7 million. Citywide values excluding City Center increased from $20.8 billion to $22.9 billion, an increase of $2.1 billion or 10.3 percent. Values outside the City Center area determine General Fund revenues. COMPARATIVE ASSESSED VALUES (in billions) Jon. 'l 20'! 3 Volue (in billionsl % Cho Jon. 1,2014 Volue (in billionsl Chonge from 20,l3 Volue lBudqetl As of July I 20r 3 (For FY 2013/14 Budoetl Revised Volue (For FY 2013/1 4 Prolection) Chonge in 201 3 Volues As of July I 201 3 lFor 2014/15 Budqetl $ (in billions)%Cho tDA - City Ctr $ 3.8714 $ 3.6341 $ (0.2323)4.1"1 $ 4.1 867 $ 0.31s3 8.17, louth Pointe 3.9r 48 3.7692 10.14561 -3.7"/,4.3275 $ o.ttzt 10.57, 3enerol Fund excl S.Pte 16.8703 16.2351 lo.634el -3.87,18.5942 $ 1.7235 10.2"/. lotol Citywide $ 24.6s65 $ 23.6387 (r.0r z8)-4.17,$ 27.1O8t $ 2.4519 I _9"/, Citywide Net ot 3itu Center $ 20.2851 $ 20.004($ (0.2805)-3.87,$ 22.9217 $ 2.',| 36(10.3"/, 86 FY 2014115 Final Millage September 30,2014 Page 4 DETERMINING THE OPERATING MILLAGE LEVY The first building block in developing a municipal budget is the establishment of the value of one mill of taxation, wherein the mill is defined as $1.00 of ad valorem tax for each $1,000 of property value. For the City of Miami Beach, the value for each mill is determined by the 2014 Certification of Taxable Value and has been set at$27.1 million. Florida Statutes permit a discount of up to five percentforearly paymentdiscounts, delinquencies, etc. Therefore, the 95 percentvalue of the mill is $25.7 million. Net of Center City RDA tax increment available to the General Fund, the value of one mill at 95 percent is $22.0 million. IMPACTS OF CHANGES IN PROPERTY VALUES The FY 2013114 operating millage rate for general City operations was 5.8634 based on July, 2013 Certification of Taxable Value. Based on the July 1 ,2014 Certification of Taxable Value, 5.8634 mills would generate approximately $t65.1 million at 100o/o collection ($1SO.g million at 95% collection) in general tax revenues, an increase of $14.3 million at 100% collection ($19.0 million at 95% collection) over FY 2013114 property tax revenues Citywide (General Fund, City Center RDA and the South Pointe area). The General Fund property tax revenues would increase by $t t.g million, if the FY 2013114 millage rate was maintained. Further, the January 1,2013 tax roll Citywide declined by $t.02 billion (4.1Yo) between the July 1, 201 3 valuation and the July 1 , 2014 valuation due to appeals, adjustments, etc., which is part of the reason that the FY 2014115 "rolled-back rate" is significantly less than the FY 2013/14 current millage rate. STATE LEGISLATED OPERATI NG MILLAGE REQU I REM ENTS Pursuant to recently enacted State legislation, the City may elect to approve millage rates above the roll-back rate up to the constitutional cap of 10 mills subject to the following votes by the Commission or referendum: . Option l: A majorityof the approvalof the Commission Millage is required to approve a millage up lo 7 .2121 (equivalent to 3.15 percent increase in property tax revenues). The 3.15 percent increase is the state per capita personal income gain for the prior calendar year. . Option l!: A two-thirds approval (5 of 7 votes) of the Commission is required to approve a millage up to 7.9333 (equivalent to a 10% increase in the ad valorem revenues above Option l). . Option lll: A unanimous approval of the Commission or referendum is required to approve a millage above 7.9333 up to the 10 mill cap The final operating millage rate of 5.7942therefore requires a majority approval (4otT votes) of the Commission. DETERMINING THE VOTED DEBT SERVICE MILLAGE LEVY ThegeneralobligationdebtservicepaymentforFY2Ol4l15isapproximately$5.9million. Based on the July 1 ,2014 Certified Taxable Value from the PropertyAppraiser, these bonds would require thelevyof avoteddebtservicemillage of 0.2295 mills.Thisrepresentsadecreaseof 0.0234mills. 87 FY 2014115 Final Millage September 30,2014 Page 5 COMBINING THE OPERATING AND VOTED DEBT SERVICE MILLAGE LEVY At the July 23,2014 Commission meeting, the Commission set the operating millage at the same level as FY 2013114 and the voted debt service millage decreased by 0.0234 mills. This represents a total decrease in the operating millage rate of 0.0234 mills. On August 29th, the Finance and Citywide Projects Committee voted to reduce the operating millage rate an additional 0.0692 mills for a combined millage rate reduction of 0.0926 mills compared to FY 2013114. The combined millage rate reduction of 0.0926 mills was tentatively adopted by the City Commission at the first public hearing on September 10, 2014. lllustrated below is a comparison of the combined millage rates and ad valorem revenues to the City of Miami Beach for FY 2013114 and FY 2014l15, including RDA. lt is recommended that in the General Fund, 0.1083 mills of the totaloperating millage continue to be dedicated to renewaland replacement, resulting in approximately $2.18 million in renewal and replacement funding. The final millage rate is 1.5% less than FY 2013114 and 21.5o/o less than FY 2006107. %lncl(Decl City of Miami Beach Millage Rates Operating Capital Renewal & Replacement Sub-total Operating M illage Debt Service Total FY 06/07 7.192C 0.182C FY 13/14 5.7551 0.1083 rrom From FY13t14 FY 06/07 73744 0.299C 5.8634 0.2529 Vfffirifr?e= 'o.o6e2 Irllig;SlS: -0.0234 -1 .2o/o -21 .4o/o -9.3% -23.2% 7.6734 6.1163 : s.0237. -0.0926 -1.5% -21.5Yo IMPACT OF PROPOSED MILLAGE ON PROPERW OWNERS Homesteaded Properties Amendment 10 to the State Constitution took effect on January 1 , 1995 and limited the increase in assessed value of homesteaded property to the percentage increase in the consumer price index (CPl) or three percent (3%), whichever is less. For 2Q14, the CPI has been determined to be 1 .5 percent and therefore, the increase is capped at 1.5o/o for increased values as of January 1,2014. Overall, based on the homesteaded properties in the January 1,2013 homestead values as of July 1,2013 valuation, the median value of homesteaded property in Miami Beach for 2013 was $132,371, and the average $317,086. Applying the increase to the market value of all existing homesteaded properties from the 2013 tax roll, and the 1 .5 percent CPI adjustment, the impact of the millage rate adjustment to homesteaded properties would be no increase in property taxes as shown in the following table. 88 FY 2014115 Final Millage September 30,2014 Page 6 Homesteaded Properties FY 2013114 Ft 20L4ltS with 1.5% CPI Median Averaqe Median Averaoe 2013 Prcliminary Taxable Value s 132.371 3 317.086 3 134.:]57 g 32',t.U2 City o, Miami Beach Operating Voted Debt Total Miami Beach $ 776 33 $ 1,859 80 $ 778 31 $ 1,865 74 $ 80s $ 1,939 $ 809 S 1.939 I Change ln Taxes Operating Voted Debt Total Miami Beach s 2J l2l 5 l6 t $ Source: Miami-Dade Countv Proo€rW Appraise/s - 2013-averaqe.median-homestead-residential-values file Non-Homesteaded Properties The annual increase in market value of a non-homestead property is capped at 10 percent (does not apply to school millages). The city-wide average increase in property values is 9.9 percent. The property value of individual properties may increase more or less than 9.9 percent, but not more than 10 percent. H istorical Perspective It is important to remember that in prior years, the City of Miami Beach significantly reduced tax rates as property values increased. Between FY 1999/00 and FY 2OOgl10, property tax rates declined approximately 2.8 mills. ln FY 2007108 alone, the property tax rate declined by approximately 1.8 mills, with annual savings to the average homesteaded propertyof over$400. ln addition, in FY 2005/06 and FY 2006107, the City funded $200 and $300 homeowner dividends paid to homesteaded property owners in the City. TOTAL COMBINED MILTAGE 8"m cg s.@ ! E IIII Iffi Although the City increased the operating tax rate by 0.56 mills in FY 2010111, the City has decreased the millage by Q.4213 mills in the last four years and combined millage rates today remain more than 2.6 mills lower, or 31 percent, than in 1999/00 and approximately 1 .6 mills lower than in 200610T . As a result, the proposed propertv tax lew is approximatelv $13 million less in FY 2014/15 than it was in FY 2006/07. 89 FY 2014115 Final Millage September 30,2014 PageT Property Value, Millage, and Property Tax Levy Ioxoble Volues Chort Iuoble Propertl Volues {billions) Finol,/Revised Toxoble Volues Ihilli^"<l Miilooe Rotes Tox Lew lin miliionsl Totol Combined Citywide Gnerol Fund,/RDl Totol Tox levy includino Debt Generol Fund Totol (including S. Poinle, qnd Renewol & FY 1997 /98 $ 646 $ 640 9.2 r 00 7.4990 $ 57.a5 $ 4678 FY1998/99 $ 6.97 $ 6.87 8.9830 7.4990 $ 6037 $ 44.66 FYt 999/OO 7.66 b /.)4 8.6980 7.499|]$ 64.29 $ 47.36 FY2Crn,/Ot 837 s 822 8 5550 7 3994 $ 69.08 49 75 tY2C01/02 $ 9.40 $ e22 8.3760 7 ?aao $ 75Q7 54.37 FY2@2/O3 $0.56 $ r0.4r 8.3220 7.2990 $ 84 81 $ 6l05 FY2AX/O4 2.Cv)ll.85 8.1730 7.2990 $ 95.39 $ 68. t7 FY2Cc//05 AAA s t3 86 I 1730 7 4250 $10 74 79 38 FY265/06 $45 $ r7.r5 8 0730 7.48)O $35.91 $r.69 FY7Xh/07 $ 22.7a $ 22.2b 7.6730 7.3740 $68.38 $40.31 tY2A)7 /O8 26.84 $ ,6 1A 5.8970 5.655 $54.42 T 5 3l FY2Cnq /Oa ?690 s 2.5 89 5 8930 5 6.5.55 $50 59 59A FY2@9/1O $ 2470 $ 2324 5.9123 5.6555 $38 70 $57 r\2010/$22 t0 $ 2097 6.5025 6.2155 $36.55 $2.14 FY20t I 2 21 98 20.75 6 4539 6. I 655 34.75 1.29 FY2A12 3 $ 2307 $ 22.02 6 3477 6 0909 $39 tO 432 FY20r 3 A $ 24.66 $ 23.64 6.r r63 5.8634 $43.26 $7.41 tY201 4 5 27.10 6.0237 5.7942 $55.r0 $7.76 Overlapping Jurisdictional Operating and Debt Service Millages City of Miami Beach property owners must also pay property taxes to Miami-Dade County, the Miami-Dade County School Board, the Children's Trust, the South Florida Water Management District, Okeechobee Basin, Everglades Project, and the Florida lnland NavigationalDistrict. These taxing authorities represent 70 percent of a Miami Beach property owner's tax bill. The countywide tax rate for Miami-Dade County decreased by 0.0345 mills to 4.6690; the library tax rate increased 0.1 1 15 mills to 0.2840 mills; and the debt service millage increased 0.0280 mills to 0.4500 mills. The tax rate for the Miami-Dade School District decreased slightly from 7 .9770 mills to 7.9740 mills. oc .9 o)J xoF !,oE3 EoO 240 220 200 180 160 140 120 100 30 Id1'of202 q) co10:g ooa '07 '08 '09 '10 '11 '.12 '.13 '.14 ',15 w ppopsfiValues --r-Tax Levy including Debt 90 FY 2014115 Final Millage September 30,2014 Page 8 The Children's Trust millage is maintained at 0.5000 mills. As a whole, the millage rates for the South Florida Water Management District, Okeechobee Basin, Everglades Project, and Florida lnland Navigational District decreased 0.0174 mills to 0.4187 mills. With the final rates for FY 2014115, the Miami Beach portion of the FY 2014115 tax bill is approximately 30 percent of the total bill. Of note. the Countv millaoe is 0.9830 mills lessthan their mitlaqe in FY 2006/07. as compared to the Citv's final adopted millaoe which is 1.6493 mills less than the Citv miilaqe in FY 2006/07. Further, the School Board millage is only minimally below the FY 2006107 millage rate, despite the recently proposed decrease. The significant difference in the total overlapping millage rate is a direct result of the City's effort to keep the millage rates as low as possible. A summary of the tax rate changes is provided in the following table. OVERTAPPING TA)( MIttAGE Ft06,107 Ft 7?lL4 ,Fr.;14J15 variance trcmLill{ variance lromO6lOl t4lt5 Total :itv of Miami Beach Millace Rates Operating 7.192t 5.755 5:585 -0.069;-1.5061 Capital Renewal & Replacement 0.182t 0.108::g-i1!8:0.000(4.0731 Subtotal Operating Millage 7,3741 5.853 5t79/t -0.069:-1.s79I voted Debt seruice 0.299r 0.252!,:,!AieEtl -0.023,4 {.069! Tota 7.6711 6.116:6;623:-{r.Gr2(-1.649:3W \4iami Dade Countv Countwide 5.515r 4.7011 r[i669i -0.034!o.946( Librarv 0.486r o.172!o.2f,,4l 0.111!4.202( Debt Service 0.285r o.4221 :1;,fi:+SA 0.028(0.165( Subtota 5.:'85(s.298r i:::l,5:{|]tjl 0.105(-0.983(279, ichool Board 8.105t 7.9771 irs74 -0.003(-0.131(,99 Shildren's Trusl o.4221 0.500r o.5{r0 0.000(0.078(29 fther 0.736(0.rt45l r 0,418;-0.025I 4.3L74 2a Tota 23.?221 20.336r :,,:at .t].:r,-0.ot7t -3.002(tw lmpact of Gombined Tax Rates of Overlapping Jurisdictions on Homesteaded Properties The median and average January 1,2013 taxable values of $132,371and $317,086, respectively, will increase by 1 .5% CPI inFY 2014115 due to the Save Our Homes Cap which only allows taxable values to increase by 3.0% or CPl, whichever is lower. Applying the final combined millage rates to the median and average taxable values results in an additional $38 for the median and a $92 increase for the average. These increases are mitigated by no increase in property taxes for the median or the average from the reduction in millage in the City of Miami Beach's portion of the property tax bill. Median properties would pay approximately $2,729 for all taxing jurisdictions combined, while the average taxes generated would be approximately $6,540 per homesteaded property. Of these taxing jurisdictions, the highest component is the Miami-Dade School Board, at $1,071 for a median value property, and $2,566 for an average valued property. The following table provides examples of changes in property taxes for homesteaded properties using the proposed tax rates and potential changes from 2013 values. 91 FY 2014115 Final Millage September 30,2014 Page 9 lmpact on Homesteaded Properties Assuming Chanoes in Taxable Value from Januarv l. 2014 FY 2013114 FY 20141'.t5 wlth 1.5% CPI Median Average Median Average l0l3 Preliminary Taxable Value $ 132,371 I 317,086 $ 134,357 J 321,U2 City of Miami Beach Operating Voted Debt Total Miami Beach Miami Dade County Schools Other $ 776 $ 1,859 33 80 $ 778 $ 1,865 31 74 $ 809 s 1.939 $ 809 $ 1.939 701 1,056 125 1,680 2,529 300 726 1,O71 123 1,739 2,566 296 Tota $ 2.691 $6.448 $ 2.729 $6,540 lhanqe in Taxes City of Miami Beach Operating Voted Debt Total Miami Beach Miami Dade County Schools Othsr 25 15 (21 59 37 (4" Total $ 38$ 92 As with the City of Miami Beach millage rates, impacts of the combined jurisdictional millage rates for non-homesteaded properties are based on the individual property values. CONCLUSION The Administration recommends adoption of the attached Resolution which adopts final operating and debt service millage rates for FY 2014115. LM/JW @ 92 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA' ADOPTING: 1) THE FINAL AD VALOREM MILLAGE OF 5.7942 MTLLS FOR GENERAL OPERATING PURPOSES, wHrcH rs THIRTEEN AND FOUR-TENTHS PERCENT (13.4%) MORE THAN THE "ROLLED-BACK" RATE OF 5.1076 MILLS; AND 2) THE DEBT SERVICE MILLAGE RATE OF 0.2295 MILLS WHEREAS, on July 23, 2014, the City Commission following a duly noticed public hearing, adopted Resolution No. 2014-28674, which set the proposed general operating millage rates at 5.8634 mills (excluding debt service) for general operating purposes, and 0.2295 mills for debt service, a reduction of 0.0234 mills from the FY 2013114 debt service rate; and WHEREAS, on August 29, 2014, the Finance and Citywide Projects Committee recommended a reduction of the general operating millage rate of 0.0692 for a proposed general operating millage rate at 5.7942 mills (excluding debt service), for a total reduction of 0.0926 mills from the FY 2013114 rate for general operating purposes, and 0.2295 mills for debt service; and WHEREAS, at the first public hearing on September 10, 2014, the Mayor and Commission tentatively adopted the operating millage rate of 5.7942 mills for general operating purposes, and 0.2295 mills for debt service; and WHEREAS, Section 200.065, Florida Statutes, requires that at the conclusion of the second public hearing on the City's proposed tax rate and budget, the City Commission: 1) adopt the final ad valorem millage rate for FY 2014115 operating purposes; and 2) the required Debt Service millage rate; this is accomplished by adopting a Resolution that includes the percentage increase or decrease over the "rolled-back" rate; and NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMTSSION OF THE CITY OF MIAMI BEACH, FLORIDA, that pursuant to Section 200.065, Florida Statutes, there is hereby levied a tax for FY 2014115, on all taxable and non-exempt real and personal property located within the corporate limits of the City of Miami Beach, Florida, as follows: (a) For the purpose of operating the government of the City, the rate assigned amounts to 5.7942 mills. Also included are appropriate reserves and contingencies, which are not limited to reserves for tax discounts and abatements of uncollected taxes. The millage rate reflected is thirteen and four-tenths percent (13.4%) more than the "Rolled-back" rate of 5.1076 mills. (b) For the purpose of providing payment on the principal and interest portions of the General Obligation Bond Debt outstanding, the rate assigned amounts to 0.2295 mills. 93 PASSED and ADOPTED this 30th day of September. 2014. Rafael Granado, City CIerk ATTEST: Philip Levine, Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Sr-D*p JUIL -Gtv Attornev Date 94 X ltl*ltl t!-E?Nl?- l. l,llmlHg*l{,com i',i: THURS0AY, SEPTEMBER 18, 2014 | BI 13t{E &4tAl\,{tBrACFl CITY OF MIAMI BEACH NONCE OF PUBLIC HEARINGS NOTICE lS HEREW given rhat Public Hearings will be held by lhe Mayor and City Commission of ihe City of Miami Beach, Florida. in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, oo li.resday, September 30, 2{N4, to consider the following: 5:0'l p.m. Adopt Final AdValorem Millage for General Operating Purposes A Resolution Adoptingi 1)The Final Ad Valorem Millage Of 5.7942 Mills For General Operating Purposes.Which lsThi*een And Four-Tenths Percenl (13.4%) MoreThanThe "Rolled-Back" Rare Of 5.1076 Mills;And 2)The Debr Service Millage Bate Of 0.2295 Mills For FiscalYear {FY} 2014/15. lnquiries may be directed to the Eudget & Performance I m prove m ent Office at 305.673.751 0. 5:0I p.m. Adopt Final Budge{s For General. G.0.. HDA, Enterprise, lnternal Service,,And Special Revenue Funds A Resolution Adopting Final Budgets ForThe General, G.O. Debt Service, RDAAd ValoremTaxes. Entarprise, lnternal Service Funds, and Special Revenue Funds For Fiscal Year {FY} 201415 . lnquiries may be directed to the Eudget & Performance lmprovement Oflice at 3A5.673.75 1 0- 5:02 p.m. Adopt Final Ad Valorem Millage for Normandy Shores Locel Government A Resolution OfThe Board Of Direaors OfThe Normandy Shores Local Government Neighborhood lmprovemenl District AdoplingThe Final Ad Valorem Millage Rate Of 1.1305 Mills For FiscalYear {FY} 201415 ForThe Nqrrr}ardy Shores Local Government District,Which ls One Percent {1%} LessThanThe'Folled-Back" Rale Of 1.1391 Mills. lnquiries hay be directed to the Budget & Performance lmpravement Office at 305.67i.7510. 5:02 p.m. Adopt Final Operating Budget For Normandy Shores Local Government A Resolution OfThe Board Of Directors OfThe Normandy Shores Local Gsvemment Neighborhood lmprovement District AdoptingThe Final Operating Budget For Fiscal Year (FYl 2014/15. lnquiries may be directed to the Eudget & Performance lrnprovefient Office at 305.673.7510. 5:(B p.m, Adopt Final FY 2AM1E-2A18119 Capital lmprovement Plan & Capital Budgel A Resolution Adepting The Final Capital lmprovement Plan For Fiscal Years (FY) 201411$.201S19 And AdoptingThe Cily Of Miami Beach Final Capital Budget For lFYl 2014/15. lnguiries may be directed to the Budget & Performance lmprovemeil Affice at 305.673.7510. lnterested parties are inyited to sppear atthis meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the Ciiy Clerk, 1700 Convenlion Center Orive. lst Floor, Ciry Hall, Miami Beach. Florida 33139. Copies ofthese items are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, lst Floor, City Hall, Miami Bea*r. Florida 33139,This meeting, or aoy item therein, may be continued, and under such circomstan6es, additional legal notice need n01 be provided. Pursuant to Section 286.0105, Fla. Star.. the City hereby advises the public rhat if a person decides to appeal any decision made by rhe City Commission wilh respect to any matter considered at its meeting or its hearing, such person must ensure that a verbalim record of the proceedings is made, whidl recsrd includes the t€stimony and evidence upon which the appeaI is to be based.This nolice does not consiitute consenl by the Ciry for the introduction or admission of otherwise inadmissible or irelevant evidence. nor does it aulhorize drallenges or appeals not otheru,ise allowed by law. To request this material in accessible format. sign language interpreters, information on access for persons with disabilities and/or arry accommodation lo review any document or panicipate in any Cily-sponsored proceeding, please contact us five days in advance at 305-673.7411(voice) orTTY users may also call the Florida Relay Service Rafael E. Granado, City Clerk City of Miami geach s35 95 THIS PAGE INTENTIONALLY LEFT BLANK 96 COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING FINAL BUDGETS FOR THE GENERAL, G.O. DEBT SERVICE, RDA AD VALOREM TAXES, ENTERPRISE, INTERNAL SERVICE, AND SPECIAL REVENUE FUNDS FORTHE FISCAL YEAR 2014115 lntended Outcome S Ensure expenditure trends are sustainable over the long term iupporting Data (Surveys, Environmental Scan, etc.): ln the 2014 Community Survey, both residents and businesses reported the following area for the City related to value for taxes paid: o Percentage of residents rating the Overall Value of City services for tax dollars paid as excellent or good (Residents: 58%; Businesses 54%) The FY 2014115 General Fund Operating Budget is $280.0 million, which is $15.9 million or 6.0 percent more than the FY 2013114 adopted budget of $264.1 million. The City's Operating Budget in total for FY 2014115 is $501,924,000 including the General Fund, General Obligation Debt Service, Enterprise Funds, Special Revenue Funds and Transfers to the Redevelopment District. This amount is net of lnternal Service Funds and lnterfund Transfers. The final millage rate decrease of 0.0926 mills represents approximately half of the remaining millage rate reduction goal of 0.2079 and does not result in a property tax increase to median or average property owners that qualify for the homestead exemption and the Save Our Homes cap. The FY 2014115 Budget includes service level enhancements that address high priority needs of the City as identified through the strategic planning process and 2014 Community survey. The FY 2014115 operating budget preserves service levels to the community and adds $60,000 in reductions and $1.9 million in employee givebacks to almost $79 million in reductions in predominantly recurring expenditures over the last 8 years. tax levv is approximatelv $13 million less in FY 2014115 than it was in FY 2006107 . Financial lnformation : Source of Funds: Amount Account 1 $280,079,000 General Fund Operating 2 $5,928,000 G.O. Debt Service 3 $20,210,000 RDA Funds-Ad Valorem Taxes 4 $179,846,000 Enterprise Funds 5 $75,536,000 Special Revenue Funds Total $501,924,000 *Net of lnternal Service Funds and Transfers $78,396,000 lnternal Service Funds OBPI $59,675,000 lnterfund Transfers Financial lmpact Summary: The General Fund operating budget is only'18 percent more than the FY 2006107, in spite of 18 percent groMh in the Consumer Price lndex (CPl) in a similar period, 98 percent qroMh in oension costs, and manv new facilities and oroiects comino on line. AGENDA ITEIUI I\ ' ' T'-(9 MIAMIBEACH ol;re Q-3o-lt{97 g MIAMI BEACH Cify of Miomi Beoch, 1 700 Convenlion Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: FROM DATE: SUBJECT:A RESOLUTION OF THE UIAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,ADOPTING FINAL BUDGETS FOR THE GENERAL, G.O. DEBT SERVIGE, RDA AD VALOREM TAXES, ENTERPRISE, INTERNAL SERVICE, AND SPECIAL REVENUE FUNDS FOR FISCAL YEAR 2014115 ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the attached Resolution which establishes final budgets for the General, G.O. Debt Service, RDA Ad Valorem Taxes, Enterprise, lnternal Service, and Special Revenue Funds for Fiscal Year (FY) 2014115. PROCEDURE As outlined in the companion General Operating Millage Agenda ltem, Section 200.065, Florida Statutes specifies the manner in which budgets are adopted. First, the final millage rate for both the general operating and debt service is adopted, then immediately thereafter, final budgets by fund are adopted. The attached Resolution adopting final budgets for the General, G.O. Debt Service, RDA Ad Valorem Taxes, Enterprise, lnternal Service, and Special Revenue Funds for FY 2014115 is therefore presented to you at this time for adoption. Additional details are contained in my Budget Message which is attached, however, highlights of that document are outlined below. GENERAL FUND CURRENT SERVICE LEVEL BUDGET DEVELOPMENT As in past years, the FY 2014115 Work Plan and Budget was developed through an intensive review process with our City Commission. Preliminary budget information was provided at the Commission Retreat on June 4th and in meetings with the Finance and Cityruide Projects Committee (FCWPC) on July 16, August 13, and August 29. The proposed budget was tentatively adopted by the City Commission at the first public hearing on September 10, 2014. Mayor Philip Levine and Members Jimmy L. Morales, City Manager September 30,2014 ryA"' 98 Adopting Final Budgets September 30,2014 Page 2 The General Fund is the primary source of funding for the majority of City services. Revenues are derived from ad valorem property taxes, franchise and utility taxes, business license and permit fees, revenue sharing from various statewide taxes, user fees for services, fines, rents and concession fees and interest income. Additionally, intergovernmental revenues from Miami-Dade County and Resort Taxes contribute funding for tourist-related activities provided by General Fund departments. The first step in preparing the FY 2014115 budget was an evaluation of Current Service Level (CSL) revenues and expenditures. CSL revenues represent the amount of revenues that would be generated based on existing tax rate, fees and charges. CSL expenditures represent the expenditures associated with providing the same level of service next year as in the current budget year. At the strategic planning retreat on June 4,2014, the Commission was briefed regarding the preliminary General Fund Current Service Level (CSL) budget. Property taxes comprise 44o/o of the total General Fund revenue and are a key driverof CSL revenues. The Property Appraiser provided the preliminary 2014 property values on June 1 ,2014. The preliminary 2014 property values increased 9.4o/o, which resulted in an increase of $11 million in General Fund property tax revenues. CSL revenues were estimated to increase $12.7 million due to an $11 million increase in property tax revenues, a $2.5 million increase in building permit revenue, a $1 million increase in electric utility and franchise taxes, and a decrease in prior-year set-aside (one- time revenue) of $1.8 million. The Resort Tax contribution and Parking fund surplus contribution were assumed to be flat. CSL expenditures were estimated to increase $10.7 million due to salary increase from a 3% cost of living adjustment (COLA) and0-2% merit pay, the impact of annualized costs for items added during FY 2013/14, the impact of CSL department requests, and savings in net lower pension contributions due to savings in Fire and Police form last year's pension reform offset by a slight increase in MBERP pension contribution. The preliminary CSL presented at the June 4th strategic planning retreat totaled a net surplus of $2.0 million. Since that time, the CSL was updated with the fiscal impact of two items. On July 1st the Property Appraiser provided the certified taxable values for 2014 which are the official numbers used for the budget process. The certified taxable values increased 10.3o/o, net of the City Center Redevelopment Area, which was higher than the preliminary taxable value of 9.4o/o. This difference results in an additional $650,000 of property tax revenue. On the expenditure side, additional windstorm insurance coverage of $335,000 was added to the FY 2013/14 budget in the Risk Management fund at the June 11th Commission meeting. The Risk Management fund is an internal service fund that charges out all of its costs to other departments in various funds. The General Fund comprises approximately 60% of the Risk charges so the impact to the General Fund for the FY 2014115 CSL is $201,000. The net result to the preliminary CSL surplus of $2.0 million given $650,000 of additional property tax revenue and $201,000 of additional windstorm coverage expenditure is an updated CSL surplus of $2.45 million. 99 Adopting Final Budgets September 30,2014 Page 3 FY zOL4lLs CSL UPDATE CSL Revenues CSL Expenditures 5 ]-2.7 million 10.7 million Net Su rplus/(Sh ortfa ll) Preliminary CSL Surplus Additional Property Tax Revenue S Z.O million S 2.0 million 0.650 million Additional Windstorm Coverage Expense (0.2) million Net Surplus/(Shortfall) S Z.+s million Approaches to Balance At the August 13,2014 meeting with the Finance and Citywide Committee, Administration recommended efficiencies totaling $60,000 and presented possible enhancements totaling $2.+S million. The Committee approved the recommended efficiencies and all but $56,000 of the enhancements. The Committee directed Administration to evaluate a millage rate reduction of 0.0220 and determine the amount of enhancements that could be tourism- related and eligible for Resort Tax funding. At the next meeting Finance and Citywide Committee on August 29th, Administration proposed a combined millage rate decrease of 0.0926 mills (includes 0.0234 debt service rate reduction). The proposed millage rate decrease represents approximately half of the remaining millage rate reduction goal of 0.2079 and does not result in a property tax increase to median or average property owners that qualify for the homestead exemption and the Save Our Homes cap. ln order to absorb the millage rate reduction, the enhancements were reduced by a total of $630,000 and the Resort Tax transfer to the General Fund to offset tourism eligible expenditures was increased by $1 ,1 19,000. These changes result in the ability to reduce property tax revenue $1.5 million and coupled with the existing impact of $516,000 from the Debt Service millage rate decrease, result in $2.0 million less in property tax revenue from the proposed millage rate decrease. Taking into account discussions at the Finance and Cihywide Projects Committee meetings, the $2.45 million surplus in the General Fund Current Service Level Budget has been balanced through a combination of proposed efficiencies, enhancements, and changes in revenues despite an additional millage rate reduction of 0.0926. 100 Adopting Final Budgets September 30,2014 Page 4 Efficiencies, Reductions and Revenue Enhancements As with the preparation of budgets for the last seven years, departments are continuing to analyze and present their budget from two perspectives: 1) reviewing for potential efficiencies, reorganizations to reduce cost, etc., without adversely impacting services; and 2) performing a modified zero-based analysis of each department budget, identifying potential service reduction alternatives versus core functions. For each of the potential service reductions, departments provided the type of impact and the magnitude of the impact. Core functions were defined as those functions which, if cut, render it impossible for the department to provide basic service at a reasonable level. ln spite of the significant reductions in the General Fund over the last seven years, we continue to be proactive in locating additional efficiencies in the General Fund. For FY 2014115 approximately $60,000 of efficiencies are included in the proposed General Fund budget. The proposed efficiencies to our existing programs and services are shown in Attachment A. Three efficiencies are recommended in the FY 2014115 Budget. The first is to reduce contractual television production costs by 50 percent by adding an in-house Media Specialist position in the Communications Department resulting in a savings of $60,000 to the General Fund. The second efficiency eliminates three vacant Firefighter I positions added during the FY 2010111 budget process to reduce overtime on the weekends. The weekend program has been deemed ineffective and the savings from eliminating the positions are proposed to be applied for a Training Division Chief, which is the Fire Department's highest priority enhancement request. The savings from the efficiency is offset by the cost of the enhancement. Prelidnry ReHU6 Prdiminary Efndibrs Aditoml ProFrty Td RsEnu6 from C€fffid ProFrty Vdus on July 1d A&itomlWidbrm Cosq6 EW +pmd atJun€ 11fr Colmasion Mdjrc Final CSL Surplud(Shorttall) Miniml lmpact Reduclion / Efficiencis Pobntd Enhancorenb Charcs b Enhmc€rlHrAwwt 13th Charcs b EnhffiffibAwct 29ti 101 Adopting Final Budgets September 30,2014 Page 5 The third efficiency in the Property Management Department was approved by the City Commission on July 23,2014. This efficiency implements a new service model for trades such as carpenters, electricians, masons, painters, and plumbers. This is part of an overall strategy to empower each department to control priorities in order to improve the level of maintenance and condition of ourfacilities. ln the 2014 CommunitySurvey, residents rated the appearance and maintenance of the City's public buildings at 79 percent, a decrease from 87 percent in the 2012 survey. The new model should provide greater flexibility and potentially enhanced services for specialtywork while not resulting in any employees losing employment with the City. However, we will be reducing the number of positions by nineteen with associated savings in equipment, materials, supplies, etc. ln addition, the new model provides greater flexibility by allowing each department to address their own priorities, minimize delays, and avoid competing department interests. The seventeen employees affected by the change (two positions were vacant) will be placed in alternate positions within Public Works and the Parks and Recreation department. Furthermore, their current compensation and benefits would not be impacted. Any savings resulting from this change would be used to enhance services. Service Enhancements The proposed enhancements found in Attachment B reflect services that our residents and businesses identified as important to them during the 2014 Community Satisfaction Survey or priorities identified at the City Commission retreat on June 4,2014. The enhancements also help further three priorities I identified during my selection process: (1 ) increasing public cleanliness and safety, (2)focusing on customer service to our residents, businesses, and visitors, and (3) improving the administrative operations that are critical to our service delivery. Highlights of the $5.8 million of enhancements funded across all funds to address priorities in the City's Strategic Plan include: . Address flooding and the mitigation of sea-level rise by adding funding for a formal Mitigation Plan, enhanced stormwater pump maintenance, and several positions to implement the estimated one-hundred planned stormwater projects over the next five years. . The implementation of Body Camera programs to improve accountability in the Police, Code Compliance, Building, Fire, and Parking departments. . Several enhancements to improve cleanliness including outsourcing the existing Cleanliness and Appearance lndex and creating a new Parking Garage lndex and Bathroom lndex. Also included are the addition of attendants at beachfront restrooms in Lummus Park and 21st Street, supporting the "can on every corner" initiative by adding more litter cans across the City, and enhancing the cleanliness and appearance of City parking garages by increasing the frequency of pressure cleaning and washdowns. . lmprove traffic and mobility by creating a new North Beach Trolley, deploying lntelligent Transportation System solutions for special events, implementing enhanced loading zone enforcement, promoting a bicycle safety campaign, and creating a Mystery Rider program to assess the level of service on our trolleys. 102 Adopting Final Budgets September 30,2014 Page 6 . Establish a more proactive code compliance environment by adding dedicated officers in the Entertainment District and a unit to enforce Short-Term Rentals. lmprove the ability to more effectively schedule for special details such as noise, vendors, and flyers/handbills by converting twelve parttime positions to six full-time Code Compliance Offlcer positions. . lmprove security at our city parks by creating a new Park Ranger program and address homelessness at Lummus Park and other locations by conducting sweeps, providing for ambulance service, enhanced tracking of the homeless, and additional shelter beds. . Enhance communications with our residents by implementing a new 3-1-1 customer service model, enhancing programming on Miami Beach TV, and enhance the City's website and social media capabilities. . Enhance hurricane and disaster preparation by funding key equipment and address security upgrades in City facilities that will be supplemented by grant funds. . Strengthen internal controls by adding a position in lnternal Audit to increase audit coverage as well as the quality and frequency of audits. . Support excellence of our public schools by funding professional development at Nautilus Middle School and Miami Beach Senior High to help sustain the lnternational Baccalaureate program. . lmprove the building development process by providing optional expedited plan review services, additional administrative support to the five Development Review Boards, ensure compliance with parking impact fees, and establish an unsafe structures panel. . Several administrative enhancements including the implementation of the first phase of an Employee Wellness program, improving the computing environment consistent with best practice by reducing personal computer replacement from five to three years, improving prompt and comprehensive legal services, enhancing training in the Fire Department, creating an Employee Suggestion program to spur innovation, expedite the procurement of goods and services, and enhance the implementation of new parking technology systems. A list of potential additional enhancements requested by departments but not recommended by me in the Proposed Budget can be found in Attachment C. While many of these potential enhancements are important and should be considered over time, they were considered a lower priority than those included in the FY 2014115 Budget and Work Plan. lncreased Use of Resort Taxes to offset Tourism Eligible Expenditures in the General Fund Based on an outside consultant study conducted in2010 using FY 2007108 actual costs, it is estimated that there are approximately $50.5 million in eligible resort tax expenditures in the General Fund. However, $8.8 million of these costs were estimated as being addressed by dedicated funding pursuant to the Miami-Dade County Convention Development Tax 103 Adopting Final Budgets September 30,2014 Page 7 interlocal agreement, thereby resulting in approximatelv $41 .7 million in eliqible Resort Tax expenses in the General Fund. These include expenses associated with police officers serving entertainment areas; a portion of fire rescue services from Fire Stations 1 &2; ocean rescue services; enhanced code compliance provided to respond to evening entertainment area violations and staffing of special events; other code compliance activities in tourism and visitor related facilities/areas; Tourism and Culture Department and the Cultural Arts Council; museums and theaters (Garden Center, Bass Museum, and Colony Theater); golf courses (net of revenues); Memorial Day and other special event costs; homeless services; July 4th; Visitor Centerfunding; holiday lights; Jewish Museum; Miami Design Preservation League (MDPL); Orange Bowl; monuments; etc. Based on FY 2013114 resort tax collections to date, it is estimated that there will be an additional $1,119,000 available in resort tax collections to provide additional funding for these General Fund activities in FY 2014115. The total Resort Tax Fund transfer to the General Fund for FY 2014115 is approximately $34.1 million. FY 2014l15 ENTERPRISE FUND BUDGETS Enterprise Funds are comprised of Sanitation, Water, Sewer, Stormwater, Parking, and Convention Center Departments. The FY 2014115 Enterprise Funds Budget is $179.8 million. This represents an increase of $19.0 million (12 percent) from the FY 2013114 budget of $160.8 million, primarily due to: . lncreases in salary (3 percent COLA and 0-2 percent Merit) and health insurance costs of 9 percent o An $8.7 million increase in Stormwater to support the strategic planning initiative to address flooding and sea-level rise over the next five years. This increase is supported by a monthly Stormwater rate of $16.67 per Equivalent Residential Unit (ERU), which represents an increase for a residential customer of $7.61 per month above the FY 2013114 amount of $9.06 per month. . A $5.1 million increase in Sewer due to an increase of fees charged by Miami-Dade Water and Sewer Department (WASD)to treat the City's wastewater, increase in scheduled debt service for outstanding debt, lower annual true-up from WASD, higher DERM fees, and existing operating deficit. This increase is supported by a monthly fee of $7.55 per thousand gallons, which represents an increase of $1.21 per thousand gallons from the FY 2013114 rate of $6.34 per thousand gallons. . Parking enhancements totaling $1.0 million to increase the cleanliness and appearance of the City parking garages, implementation of loading zone enforcement, creation of a new Garage Cleanliness lndex, and implementation of a new body camera program. o Sanitation enhancements totaling $851,000 to provide better service at beachfront restrooms by adding attendants to the restrooms in Lummus Park and 21't Street on weekends, holidays, and special events, support the "can on every corner" initiative 104 Adopting Final Budgets September 30,2014 Page 8 by adding more litter cans across the city, and creating a new Bathroom Cleanliness lndex to assess the 64 public restrooms throughout the city. . Water reflects a small rate increase of $0.07 to pass through the Miami-Dade County increase to wholesale rates for the purchase of potable water. FY 2Of 4/15 INTERNAL SERVIGE FUND BUDGETS lnternal Service Funds are comprised of the Central Services, Fleet Management, lnformation Technology, Risk Management, Medical & Dental, and Property Management Divisions. The FY 2014115 lnternal Service Fund budget is $78.4 million, or 3.9olo, higher than in FY 2013/14. InternalService costs are completelyallocated to the GeneralFund and Enterprise Fund departments, and the Risk Management Fund reimburses the General Fund for the cost of legal services. FY 2014/15 RESORT TA)( FUND BUDGET The FY 2014115 Resort Tax budget is $62.9 million, an increase of $2.1 million or 4 percent from FY 2013114. This reflects the continued increase in resort tax revenues, consistent with other tourism indicators throughout the County, but especially in Miami Beach. Highlights for FY 2014115 include: . New enhancement of $476,000 to support the initiative to provide better service at beachfront restrooms by adding attendants to the beachfront restrooms in Lummus Park and 21st street on weekends, holidays, and special events. . New enhancement of $200,000 to deploy interim lntelligent Transporation System (lTS) solution for major special events and high impact periods. . $34,084,000 (a $1,119,000 increase) is provided to the General Fund to support new and continuing tourism eligible expenditures. New examples include more proactive code enforcement, cleanliness index, park ranger program, homelessness at Lummus Park, and hurricane and disaster preparation equipment, and increased support for the Miami Beach Botanical Garden. Continuing expenditures include public safety programs such as ocean rescue, police services on Lincoln Road, Ocean Drive/Lummus Park, Collins Avenue, Washington Avenue, ATV officers, Boardwalk security, special traffic enforcement and special event staffing; and fire rescue units in tourist and visitor areas. The funding also supports code compliance services to respond to evening entertainment areas and provides for a portion of the operational costs of the Tourism and Cultural Development. . $3 million for enhancing the outcomes from major events such as Memorial Day, including management, Goodwill Ambassadors. . The contribution to the greater Miami Convention and Visitors Bureau remains flat at $5.4 million pending contract negotiations expected to result in a performance-based contract.. The contribution to the Miami Beach Visitor and Convention Authority will increase from $2,289,000 to $2,410,000 based on the legislated funding formula. . $173,000 is provided to continue the local Miami Beach marketing campaign, to be matched with funds from the Greater Miami Convention and Visitors Bureau, the Miami 105 Adopting Final Budgets September 30,2014 Page 9 Beach Visitorand Convention Authority, and the CulturalArts Council. lncluding $73,000 for the Washington Avenue tourism enhancement initiative.. $230,000 for holiday decorations.. $100,000 for the sponsorship fee to help offset marketing and advertising expenses associated with the Ms. USA or equivalent event CONCLUSION ln summary, the final millage rate decrease of 0.0926 mills represents approximately half of the remaining millage rate reduction goal of 0.2079 and does not result in a property tax increase to median or average property owners that qualify for the homestead exemption and the Save Our Homes cap. The FY 2014115 Budget includes service level enhancements that address high priority needs of the City as identified through the strategic planning process and 2014 Community survey. The Administration recommends adoption of the attached Resolution which establishes final budgets for General, G.O. Debt Service, RDA Ad Valorem Taxes, Enterprise, and lnternal Service, and Special Revenue Funds for FY 2014115. Attachments JLM/JW 106 RESOLUTION NO. t',tffi 'Jl 3l o #'oS I'J,:. I' H'^ iH ??"t? #i"JJt: ENTERPRISE, INTERNAL SERVICE, AND SPECIAL REVENUE FUNDS FOR FISCAL YEAR 2014115 WHEREAS, the City Manager's proposed General Fund operating budget released September 9th,2014 was $280,079,000 and the total proposed operating budget for FY 2014115 net of transfers was $501 ,924,000 including the General Fund, General Obligation Debt Service, Enterprise Funds, Transfers to the Redevelopment District, and Special Revenues as shown in Exhibit "A"; and WHEREAS, on September 10, 2014, the City Commission held its first duly noticed public hearing and adopted the Tentative FY 2014115 Operating Budget; and WHEREAS, the final General Fund budget includes $1.9 million in employee givebacks; $60,000 in efficiencies; brings in an additional $1.1 million in Resort Tax revenues to the General Fund to offset tourism-eligible expenditures; and WHEREAS, the FY 2014115 final General Fund budget totals $280,079,000 and is about 18 percent more than the FY 2006107 budget despite pension contribution increases of 98 percent during the same period, in spite of the fact that inflation during that period, was approximately 18 percent; and WHEREAS, the final General Fund budget includes a revenue increase of $15.9 million over FY 2013114. primarily due to increases in property tax revenue, transfers from resort taxes, increases in licenses and permits;and WHEREAS, the final Enterprise Fund budgets total $179,846,000; and WHEREAS, the final budget for lnternal Service funds, which are wholly supported by transfers from the General Fund, Enterprise Funds and the Redevelopment district, is $78,396,000; and WHEREAS, the finalSpecial Revenue Fund budgets total$75,536,000; and WHEREAS, the City of Miami Beach is authorized to assess an additional $2.00 for expenditures for Criminal Justice Education degree programs and training courses for officers and support personnel of the Miami Beach Police Department pursuantto Section 938.15 of the Florida Statutes; and WHEREAS, the Police Training and School Resources Fund is currently funded with the assessed criminal justice education expenditures for the City of Miami Beach pursuant to Section 938.15 of the Florida Statutes, in the amount of $45,000; and WHEREAS, the City of Miami Beach Police Department intends to utilize the $45,000 for those purposes as authorized pursuant to Section 938.15 of the Florida Statutes , and the $45,000 shall be expended from the Police Training and School Resources Fund for education degree programs and training courses of those officers and support personnel of the Miami Beach Police Department. WHEREAS, Section 932.7055 of the Florida Statutes sets forth the purpose and procedures to be utilized for the appropriation and expenditures of the Police Confiscation Trust Fund; and 107 WHEREAS, the proceeds and interest earned from the Police Confiscation Trust Fund is authorized to be used for crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes; and WHEREAS, the Chief of Police is authorized to expend these funds upon request to the City of Miami Beach Commission, and only upon appropriation to the Miami Beach Police Department by the City of Miami Beach Commission; and WHEREAS, the Chief of Police of the City of Miami Beach has submitted a written certification which states that this request complies with the provisions of Section 932.7055 of the Florida Statutes (written certification attached as Exhibit "8"), and the Guide to Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies; and WHEREAS, the Police Confiscation Trust Fund budget for fiscal year 201412015 in the amount of $756,000 shall be funded from State Confiscated Funds in the amount of $176,000, and Federal Justice Confiscated Funds in the amount of $580,000, as reflected in the attached Exhibit ttB"; and WHEREAS, funds in the amount of $756,000 are available in the Police Confiscation Trust Fund. WHEREAS, Section 705.105 of the Florida Statutes, sets forth the procedure for unclaimed evidence, which is seized by, and in the custody of the Miami Beach Police Department, and shall vest permanently in the Miami Beach Police Department sixty (60) days after the conclusion of the proceeding; and WHEREAS, $75,000 was seized, and has been in the custody of the Miami Beach Police Department Property and Evidence Unit in excess of the statutory period set forth in Section 705.105 of the Florida Statutes; and WHEREAS, said funds have vested permanently in the Miami Beach Police Department, and have now been placed in the Police Special Revenue Account Fund, as provided by Resolution No. 90-19931, adopted on March 7,1990. WHEREAS, the Miami Beach Police Department seeks to purchase those items identified on Exhibit "C." WHEREAS, the Miami Beach Cultural Arts Council (CAC) was established by the Mayor and City Commission on March 5, 1997; and WHEREAS, the mission of the CAC is to develop, coordinate, and promote the visual and performing arts in the City of Miami Beach for the enjoyment, education, cultural enrichment and benefit of the residents of, and visitors to, Miami Beach; and WHEREAS, the Mayor and City Commission adopted the Cultural Arts Master Plan on June 3, 1998, identifying the following program areas for the CAC: cultural arts grants; marketing; facilities; advocacy and planning; and revenue development; and WHEREAS, pursuant to its enabling legislation, the CAC's budget for each fiscal year shall be adopted by the Mayor and City Commission; and WHEREAS, accordingly, the CAC recommends a $1,307,000 budget allocation for Fiscal Year 2014115 to continue implementation of its programs; and 108 WHEREAS, the Miami Beach CulturalArts Council (CAC)was created to develop, coordinate, and promote the performing and visual arts of the City if Miami Beach for the enjoyment, education, culturat enrichment, and benefit of the residents of and visitors to the City; and WHEREAS, from December 2013 through July 2014, the Cultural Affairs staff and CAC conducted its application and review process for its Fiscal Year 2014115 Cultural Arts Grant Programs; and WHEREAS, grants panelists, comprised of the CAC members for CAC grant programs and both VCA and CAC members for the joint Cultural Tourism grant program, yielded 42 viable applications, requesting a total of $850,000; and WHEREAS, the CAC, at its regular meeting on July 10, 2014, reviewed their recommendations and unanimously supported the recommended Cultural Arts awards totaling $73O,OOO for Fiscal Year 2O14t15 as more specifically identified in column four of Exhibit "D", attached hereto. WHEREAS, the City Manager has reviewed the recommendations and concurs with same; and WHEREAS, in order to utilize the use of FY 2013114 year-end surplus funds, the Mayor and City Commission woutd need to waive the City's established policy of not utilizing one-time, non- reiurring revenue to subsidize recurring personnel, operating, and maintenance costs; and NOW THEREFORE, BE !T DULY RESOLVED BY THE MAYOR AND THE CITY COMMTSSTON OF THE CITY OF MIAMI BEACH, FLORIDA, that following a duly noticed public hearing on September 30, 2014, the City Commission hereby waives the City's policy of not utilizing one-time, non-recurring revenue to subsidize recurring personnel, operating, and maintenance costs for FY 2014115, and hereby adopts final budgets for the General, G.O. Debt Service, RDA Ad Valorem Taxes, Enterprise, tnternal Service, and Special Revenue Funds for Fiscal Year2014115 as shown in Exhibit "A' (Total Revenues and Expenditures by Fund and Department), Exhibit "B" (Confiscated Trust Funds), Exhibit "C" (Police Special Revenue Account), and Exhibit "D" (Cultural Arts Council Grants). PASSED and ADOPTED this 30th day of September. 2014' ATTEST: Philip Levine, Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Rafael Granado, CitY Glerk M4;$r 109 EXHIB]TA Revenue Summary by Fund gnd illajo( Catggory ------E3zeood: i- i i: t: :: 1o,747,W: ;i | .: 15,629,000 14,524,000 110 FUNCTION/DEPARTMENT t!,Q49,0m :G.O. DEET SERVICE RDA€lty TIF TranJer only : clly ce,!!Ft......... 111 EXHIBIT B P-o-|igg,D_e.-partm.en-t Confiscations - Federal& State Funds I FY15BUDGETREOUEST i:,;i . FEDERAL FUNDS: iFederal Funds - (603) FYl5 Reouest Orqanizational Development Travel & Off-site testing 50.000 Traininq Supplement to supplement LETTF 60.000 Crime Scene 3D Camera System 90,000 Bu lletoroof Vest PartnershiP 35.000 Graffitieradication through Teen Job Corp.25,000 Bodv Cameras 310.000 Gym Equipment 10.000 Total Funds (603)s80.000 l STATE FUNDS: Costs connected with the of forfeitures. Crime Prevention initiatives & School Liaison ram/initiative-match for reimbursement of rifles at $500. 15o/o of State Funds cotlected in FY13 to be used for drug abuse treatnrent, drug and crime prerention education and non-profit community based PAL Boxi VOCA Match Total Federal & State Funds j zso.ooo : 112 EXHIBIT'B' CERTIFICATION l, Daniel J. Oates, Chief of Police, City of Miami Beach, do hereby certify that the aforementioned proposed request for expenditures from the City of Miami Beach police Confiscation Trust Fund, for the 201412015 fiscal year providing funds for expenditures, complies with the provisions of Section 932.7055(4)(a), Florida Statutes, and the Guide to Equitable Sharing lly Forfeited Property for Local Law Enforcement Agencies, s, Chief of Police Police Department ,r#ru 113 1 ......_..... .. .. ..-.... .,..-...- I ts "r ^in'-.-i <n 'iA4 EXHIBIT C MIAMI BEACH POLICE DEPARTMENT S,PEC tA!- REVE N U E ACCOU,NT BUDGET FISGAL YEAR 2014115 ;.-=.*:-..: r'..; :..:.........."..iii *.-.--..---**^-"***..-:--. *.*l*******." --..*--..!i: j t1 , i 1 .. '.-,. .,................,"- *-**Y'-*a--''' ^--' -' * iiil a....... . ----.. .--"...'.- :*^"'**i:*" '--"'' -*--' -: irlt !i:l t.i,,l - - _-':-*'*.toral-; .$ 75,oool 114 EXHIBIT "C" AI;I;IDAVI'I I, Daniel Oates. City ol'Miami lleach. do hcrcby certify that the albrementioned proposed request for expenditures from the City ol'Miami lleach llolice Training & School Resources Fund for the 2014/15 fiscal year. to provide lbnds lbr the education of police personnel at various schools, conferenccs, and workshops and lbr the purchasc of training and operational supplies, is in accordancc with guidclines established by the Division of Criminal Justice Standards and 'l'rainiAg. as provided by Section 938. I -5 and 943.25, [lorida Statutes. q Date Mianri Beach Police DePartment 115 t o g T o 'o .sToT T .goooN2 Tc o o .E .z0 E o2 PsxUI 116 MIAMIBEACH City of Miomi Beoch, 'l 200 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov Jimmy L. Moroles, City Monoger Iel: 305473-701 0, Fox: 305-673-7782 September 30,2014 Honoroble Moyor Philip Levine ond Members of the City Commission: I om pleosed to tronsmit the Adopted Work Plon ond Operoting Budget for Fiscol Yeor (FY) 2014/15, commencing on October 1,2014 ond ending on September 30, 2O15, including the Adopted Work Plon, the Adopted Operoting Budget, the Adopted Copitol Budget, ond the ossocioted Copitol lmprovement Progrom for FY 2015/16 through FY 201 8/19. The totol Adopted Generol Fund Operoting Budget is $280.0 million, which is $.l5.9 million or 6.0 percent more thon the FY 2O13/14 odopted budget of $264.1 million. Further, Generol Fund reserve levels os of September 30, 20.l3 for the I I percent emergency reserye ond the 6 percent contingency gool were o totol of $at.S million. The I I percent Generol Fund emergency reserve requirementfor FY 2014/15, bosed on the odopted operoting budget (net of copitol tronsfers ond reserves) is $30.3 million. This results in $.l3.8 million (or 5.0 percent) ovoiloble for odditionol contingency, if there ore no odditionol chonges in fund bolonce, ond no odditionol tronsfers mode. fhc nf 2Ol4/15 b"dg"r pnesclnres lrtwicc lcvcls to thc community ond adds $@,OOO in lcdlualons and $1,9 million in cmploya givebacl<s to almosr $79 million in duaions in predominanily rccuning cxpcndiwrcs over thc last I ,rcars The millage rate dcctc,ase of O.(81126 mills nepnesents approximarely half of the temaining millage ralc tladuclion g@l of O.2O79 and docs not tesult in a propefi lrrx incrca* to median or or/enage prcperfy owners thaf qualifu for lhe homestead exemprion and the Save Our Homes cdp. The adopted propefi iax levy is approximately $13 million less in FY 2Ol4/15 than it was in FY 2(n6/O7. The General Fund operolting budget is 2006/07, in spite of 18 percent growth a similar period, 98 percent growth facilities and projects coming on line, only 18 percenl more than the FY in the Consumer Price lndex (CPI) in in pension cosls, and many new 117 FY 2014/ 1 5 Adopted Work Plon ond Budget Messoge Poge A-2 The City's Adopted Operoting Budget in totol for FY 2014/15 is $50,l ,924,000 including the Generol Fund, Generol Obligotion Debt Service, Enterprise Funds, Speciol Revenue Funds ond Tronsfers to the Redevelopment District. This omount is nei of lnternol Service Funds ond lnterfund Tronsfers. The City of Miomi Beoch hos experienced significont chonge in the lost severol yeors, due to chonges in property tox legislotion, property volues thot first increosed ond then declined, ond increosing pension plon contributions due to the downturn in the investment morket. Todoy, propertyvolues in FY 20.l 4/15 ore slightly more thon volues in FY 2008/09, $27.,l billion versus $ZO.q billion. ln FY 2010/11 the city's opprooch to oddressing the then deficit of $32 million included o distribution of the sho*foll between toxpoyers ond employees. Toxpoyers hod their tox rote increosed from 5.6555 to 6.2155, on increose of 0.56 mills while employee givebocks totoled $l I million. The gool of the Commission hos been to return to o milloge rote of 5.6555 mills os property volues increose over time. lt should be remembered thot between FY 2009/10 ond FY 2010/11, property volues declined by $2.6 billion which, together with pension cost increoses, drove the need for on increose in the milloge. As property volues increose in the future, there will be odditionol opportunities to bring the milloge down to 5.6555. ln FY 20.l 1/12 the City took its first step in thot direction with o reduction in the milloge rote of 0.05 mills. The milloge rote for FY 2012/13 reduced the operoting milloge by on odditionol 0.0246 mills. ln the FY 2013/14 budget, the milloge rote wos reduced 0.2275 mills. Over three yeors, this reduction represents 63 percent of the gool to get bock to o milloge rote of 5.6555. The remoining gool for milloge reduction is 0.2079. The Adopted Budget reflects o totol combined milloge rote for the City of Miomi Beoch ol 6.0237, which represents o decreose of 0.0926 mills. The odopted operoting milloge decreosed 0.0692 mills ond includes o generol operoting milloge rote of 5.7942 ond o Generol Fund Copitol Renewol ond Replocement milloge of 0..l083. The odopted voted debt service milloge rote is odiusted from 0.2529 to 0.2295, o decreose of 0.0234 mills. The odopted milloge rote decreose of 0.0926 mills represents opproximotely holf of the remoining milloge roie reduction gool of 0.2029 ond does not result in o property tox increose to medion or overoge property owners thot quolify for the homesteod exemption ond the Sove Our Homes cop. As shown in the toble below, in prior yeors the City of Miomi Beoch significontly reduced tox rotes os properiy volues increosed. Between FY 1999/00 ond tY 2009/10, totol combined City of Miomi Beoch property tox rotes declined opproximotely 2.8 mills. ln FY 2007/08 olone, the milloge rote declined by opproximotely .l.8 mills, with onnuol sovings to the overoge homesteoded property of over $400. 118 FY 20.l 4/ 15 Adopted Work Plon ond Budget Messoge Poge A-3 Property Volue, Milloge ond Properfy Tox Levy Toxo ble Volues Chorl Toxoble Property Volues Ihillionsl Finol/Revise d Toxoble Vo lues Ihillinnsl Millooe Rotes Tox Lew lin millions) Toto I Combined Cily vvide Milloqe Gnerol Fund,/ RD A Millooe Toiol Tox levy includino Debt Generol Fund Totol (including S. Pointe, ond Renewol & leolocement FY 1997 /98 $ 6.46 $ 6.40 9.2 r 00 7.4990 $57 45 $ 46.7 8 FY1998/99 $ 6.97 $ o.az 8 9830 7 4990 s 6037 $ 4466 FYt999 /OO $ 7.66 $ 7.54 8 6980 7 4990 $ 64.29 $ 47.36 FY2000,/0 I s 832 $ 822 8.5550 7.3990 $ 6908 $ 49 7s FY2001 /A2 $ e.4o $ 9.22 8.3760 7.2990 $ 75.97 $ 54.37 FY2002/A3 $0.56 $o.41 8.3220 7.2990 $ 84 BI $ 6l .05 FY2003/04 $2.O9 $I85 8 1730 7 2990 s 9539 $ 68 17 FY2004/Os $4.O4 $3 .86 8 1730 7 4250 $10.74 $ 7938 FY2OO5/46 s $715 8.0230 7.4810 $35.9 r $r.69 FY?C,C,6 /07 $ 22.74 $ 22.26 7.6730 7.3740 $68 38 $40 31 FY2007 /AB $ 26 85 $ 26.1 4 5.8970 5.6555 $50.42 $25 )1 FY200B/09 $ 2690 $ 25.89 5 8930 5.655s $50.59 $25.94 FY2009 /0 $ 24.70 $ 23.24 5 9123 5 6555 $38.70 $5.73 FY20 o/$ 22.10 $ 20.97 6 5025 62155 $2A < ($2.1 4 FY20 t/2 $ 2r.98 $ 2A.7s 6.4539 6. r 655 $34 75 $1.29 FY20 2/3 $ 2307 $ 22.02 6.3477 6.0909 $39.r0 $4.32 FY20 3/4 $ 24.66 $ 23.64 6.1 r63 5 8634 $43 26 $7.41 FY20 4/5 $27 t0 6.0237 5.7942 $55.r0 $27 76 Further, despite on odiustment of 0.56 mills in the operoting tox rote in FY 2010/11, City of Miomi Beoch odopted combined milloge rotes todoy remoin more thon 2.6743 mills lower thon in FY 1999/00 (31 percent), ond 1.6493 millslowerthon2006/07(21.5%1. Asoresult,theodopted properly lox levy is opproximotely $13 million less in FY 2014 1 5 thon it wos in FY 2006 - TOTAL COMBINED MILLAGE $ o.oom GEO smm UDl! = 4.00m 119 FY 2014/ 15 Adopted Work Plon ond Budget Messoge Poge A-4 Property Volues ond Tqx Levy @co =: oJxoF!0c .o Eo(.J 240 220 200 180 160 140 120 100 3op oEq20: 9l-co 106 6' 0 i2. '07 '08 '09 '10 '11 ',12 '13 '14 ',15 I Propefty Values --r-Tax Levy including Debt Todoy's Generol Fund Operoting Budget olso reflects greoter diversificotion of revenues since FY 2006/07. The Adopted Work Plon ond Budget includes $SA. t million in resort toxes to fund tourism-eligible expenditures ond o $8.4 milllon tronsfer of Porking Operotions Fund yeorend surplus os well os Porking Operotions Fund reimbursements ond right-of-woy fees poid to the Generol Fund thot totol $44.2 million; opproximotely 16 percent of the Adopted Generol Fund FY 2014/15 Budget. ln lorge port due to these olternotive sources, propefi iax revenues represeni less than half (45.7 percent) of the total funding lor the General Fund budget, os compored to 59 percent in FY 2006/07, o significont reduction over the post severol yeors. Between FY 2007/08 ond FY 20]3/14, the Generol Fund obsorbed olmost $5.l million in reductions (olmost 1Z percent of the $244 million FY 201 1/12 Generol Fund budget) ond eliminoted 276lulfiime ond 1 1 porttime positions ocross oll funds. Combined with opproximotely $ZS.q million in employee "give-bocks" ochieved between FY 2009/10 ond FY 20.l3/14, this represents almost 577 million in combined "givebacks" and reductions over 7 Yedrs. General Fund FY 2013/'14 Adopted 7-Year Total 3l FT PT s FT PT rublic Sefetu rs2so ooo /s8 021 0C5 r6a o 10 (186,000 2.O ($6.126.867 (66.0 (23.0 \dministrative Support (139,000 (0.s ($3.186.694 (34.4 1.0 :con & Cultural Oev (42.OO0 ($1.235.426 (17.0 )itvwide (s1.619.642 Subtota s (617.000 (2.5 ($20.1a9.724 (185.4 (21.O [ransfers ($23.'168.966 Tota s (617.000 t2.s s (43.3s8.690 ('t8s.4 121.O'. nternal Service Funds r373.OOO 1.0 ($3.A71.225 I34.1 :nterDrise Funds (122.MO (2.O 2.O (s3.6s1.02't rs3.o 10.0 GRAND TOTAL REDUCTIONS t1.112.OOO l5-5 2.O 3 Iso.880.936 t276.5 1l_0' I$4.666-OOO 1S25 933 360 s 15-rra-ooo'(5-5 2.O 3 I76.a14.296)l l276.stl fir.0' * FY 201213 Budgeted included $3.8 savings for EmplolEe Givebacks, of which only $918K rere achieved 120 FY 2014/ 1 5 Adopted Work Plon ond Budget Messoge Poge A-5 Of note, the FY 2014/15 odopted Generol Fund Budget is obout $42 million (18 percent) more thon the FY 2006/02 budget, despite pension contribution increoses ol $27.3 million during the some period. lnflotion from October, 2006 through June, 2014, o similor period, wos opproximotely 1 8 percent. This reflects o significont decreose ocross oll other expendifures during thot time period. At this point, onnuol contributions to the City's two pension plons olone represent more thon $SS.t million (20 percent) of the totol Generol Fund budget. As o result, pension reform continues to be o high priority for the City. The odopted FY 2014/15 Generol Fund budget includes positive impocts from union ogreements totoling $.l.9 million to the Generol Fund. As in post yeors, the Adopted Work Plon ond Budget wos developed through on intensive review process with our City Commission. Preliminory budget informotion wos provided ot the Commission Retreot on June 4'h ond in meetings with the Finonce ond Citnvide Proiects Committee (FCWPC) on july 16, August .I3, ond August 29. The FY 2014/15 budget wos tentotively odopted by the City Commission ot the first public heoring on Sepiember 1 0, 2014. GENERAT FUND CURR.ENT SERVICE TEVEL BUDGET DEVETOPMENT The Generol Fund is the primory source of funding for the molority of City services. Revenues ore derived from od volorem property toxes, fronchise ond utility toxes, business license ond permit fees, revenue shoring from vorious stotewide toxes, user fees for services, fines, rents ond concession fees ond interest income. Additionolly, intergovernmentol revenues from Miomi-Dode County ond Resort Toxes contribute funding for tourisFreloted octivities provided by Generol Fund deportments. The first step in preporing the FY 2014/15 budget wos on evoluotion of Current Service Level (CSL) revenues ond expenditures. CSL revenues represent the omount of revenues thot would be generoted bosed on existing tox rote, fees ond chorges. CSL expenditures represent the expenditures ossocioted with providing the some level of service next yeor os in the current budget yeor. At the strotegic plonning retreot on June 4, 2014, the Commission wos briefed regording the preliminory Generol Fund Current Service Level (CSL) budget. Property toxes comprise 447o of the totol Generol Fund revenue ond ore o key driver of CSL revenues. The Properiy Approiser provided the preliminory 2014 property volues on June 1,2014. The preliminory 2014 property volues increosed 9.47", which resulted in on increose of $l I million in Generol Fund property tox revenues. reductions and includes Sl.9 million in employee givebacks. 121 FY 201 4/15 Adopted Work Plon ond Budget Messoge Poge A-6 CSL revenues were estimoted to increose $12.7 million due to on $l I million increose in property tox revenues, o $2.5 million increose in building permit revenue, o $l million increose in electric utility ond fronchise toxes, ond o decreose in prior-yeor set-oside (one-time revenue) of $,l.8 million. The Resort Tox contribution ond Porking fund surplus contribution were ossumed to be flot. CSL expenditures were estimoted to increose $lO.Z million due to solory increose from o 3% cost of living odiustment (COLA) ond 0-2% merit poy, the impoct of onnuolized costs for items odded during FY 20,l3/14, the impoct of CSL deportment requests, ond sovings in net lower pension contributions due to sovings in Fire ond Police form lost yeor's pension reform offset by o slight increose in MBERP pension contribution. The preliminory CSL presented ot the June 4th strotegic plonning retreot totoled o net surplus of $2.0 million. Since thot time, the CSL wos updoted with the fiscol impoct of two items. On July I st the Property Approiser provided the certified toxoble volues for 20,l4 which ore the officiol numbers used for the budget process. The ce*ified toxoble volues increosed 10.3%, net of the City Center Redevelopment Areo, which wos higher thon the preliminory toxoble volue of 9.4%. This difference results in on odditionol $650,000 of property tox revenue. On the expenditure side, odditionol windstorm insuronce coveroge of $335,000 wos odded to the FY 20.l 3/14 budget in the Risk Monogement fund ot theJune I lth Commission meeting. The Risk Monogement fund is on internol service fund thot chorges out oll of its costs to other deportments in vorious funds. The Generol Fund comprises opproximotely 60% of the Risk chorges so the impoct to the Generol Fund for the FY 2014/15 CSL is $20,l,000. The net result to the preliminory CSL surplus of $2.0 million given $650,000 of odditionol property tox revenue ond $20.I,000 of odditionol windstorm coveroge expenditure is on updoted CSL srrrnlu.s oI *? 45 million FY 2OL4|L5 CSL UPDATE r.,,r,i.' r :',' k9fi$Bmrtr" csL-;of.@F q,ffi,,1,115,,i 1:;;,1.1:.,,,,1 CSL Revenues CSL Expenditures 5 L2.t miilion tO.7 million Net Su rplus/(Shortfa I l) .';. .,,1 ,:"''; ,..l:lflffid,ffiU, Preliminary CSL Surplus S z.o million Additional Property Tax Revenue S z.o million 0.650 million AdditionalWindstorm Coverage Expense (0.2) million Net Surplus/(Shortfall) S 2.45 million 122 FY 20,l 4/15 Adopted Work Plon ond Budget Messoge Poge A-Z APPROACHES TO BAIANCE At the August 13,2O14 meeting with the Finonce ond Citywide Committee, Administrotion recommended efficiencies totoling $60,000 ond presented possible enhoncements totoling $2.45 million. The Committee opproved the recommended efficiencies ond oll but $56,000 of the enhoncements. The Committee directed Administrotion to evoluote o milloge rote reduction of 0.0220 ond determine the omount of enhoncements thot could be tourism-reloted ond eligible for Resort Tox funding. At the next meeting Finonce ond Citywide Committee on August 29th, Administrotion recommended o combined milloge rote decreose of 0.0926 mills (includes 0.0234 debt service rote reduction). The odopted milloge rote decreose represents opproximotely holf of the remoining milloge rote reduction gool of 0.2079 ond does not result in o property tox increose to medion or overoge property owners thot quolify for the homesteod exemption ond the Sove Our Homes cop. ln order to obsorb the milloge rote reduction, the enhoncements were reduced by o totol of $630,000 ond the Resort Tox tronsfer to the Generol Fund to offset tourism eligible expenditures wos increosed by $,l,,I.l9,000. These chonges result in the obility to reduce properiy tox revenue $.l.5 million ond coupled with the existing impoct of $5,l6,000 from the Debt Service milloge rote decreose, result in $2.0 million less in property tox revenue from the milloge rote decreose. Toking into occount discussions ot the Finonce ond Citywide Proiects Committee meetings, the $2.45 million surplus in the Generol Fund Current Service Level Budget hos been bolonced through o combinotion of efficiencies, enhoncements, ond chonges in revenues despite on odditionol milloge rote reduction of 0.0926. Pre!rinsry tuHlE Pr€lidnary E)p€nditur6 $ 12,7m,m $ 2,000,000 Addilional Prope.ty Ta ReEnre from Cedfid ProFrty Valu6 on July 1st AditomlWin&brm Cowrag€ EpM approd atJune 11h Glmision MdrE Final CSL Surpld(Shorttall) $ 650,000 (201,m0 s 2,4,m0 Miniml lmmct R€duciion / Efficiscis Pdential Enhanc€renE Chang6 b EnhancerenEA€Gt 13h Chq6 b EnhancmnEAw6t 29h levsnue Ches6 Aditonal Mlee kb Mcton Additonal Rsod Td Transfs b tu kd Fund $ 60,000 (2,418,00O 56,000 2e,m0 $(1,g,0m 1,1',t 9,000 (415,O00 123 FY 201 4/15 Adopted Work Plon ond Budget Messoge Poge A-8 Efficiencies, R.eductions ond R.evenue Enhqncemenls As with the preporotion of budgets for the lost seven yeors, deportments ore continuing to onolyze ond present their budget from lwo perspectives: I ) reviewing for potentiol efficiencies, reorgonizotions to reduce cost, etc., without odversely impocting services; ond 2) performing o modified zero-bosed onolysis of eoch deportment budget, identifying potentiol service reduction olternotives versus core functions. For eoch of the potentiol service reductions, deportments provided the type of impoct ond the mognitude of the impoct. Core functions were defined os those functions which, if cut, render it impossible for the deportment to provide bosic service ot o reosonoble level. ln spite of the significont reductions in the Generol Fund over the lost seven yeors, we continue to be prooctive in locoting odditionol efficiencies in the Generol Fund. For FY 2014/15 opproximotely $60,000 of efficiencies ore included in the odopted Generol Fund budget. The odopted efficiencies to our existing progroms ond services ore shown in Attochment A. Three efficiencies ore recommended in the FY 201 4/15 Budget. The first is to reduce controctuol television production costs by 50 percent by odding on in-house Medio Speciolist position in the Communicotions Deportment resulting in o sovings of $60,000 to the Generol Fund. The second efficiency eliminotes three vocont Firefighter I positions odded during the FY 2010/11 budget process to reduce overtime on the weekends. The weekend progrom hos been deemed ineffective ond the sovings from eliminoting the positions will be opplied for o Troining Division Chief, which is the Fire Deportment's highest priority enhoncement request. The sovings from the efficiency is offset by the cost of the enhoncement. The third efficiency in the Property Monogement Deportment wos opproved by the City Commission on July 23,2014. This efficiency implements o new service model for trodes such os corpenters, electricions, mosons, pointers, ond plumbers. This is port of on overoll strotegy to empower eoch deportment to control priorities in order to improve the level of mointenonce ond condition of our focilities. ln the 20.l4 Community Survey, residents roted the oppeoronce ond mointenonce of the City's public buildings ot 79 percent, o decreose from 87 percent in the 2012 survey. The new model should provide greoter flexibility ond potentiolly enhonced services for speciolty work while not resulting in ony employees losing employment with the City. However, we will be reducing the number of positions by nineteen with ossocioted sovings in equipment, moteriols, supplies, etc. ln oddition, the new model provides greoter flexlbility by ollowing eoch deportment to oddress their own priorities, minimize deloys, ond ovoid competing deportment interests. The seventeen employees offected by the chonge (two positions were vocont) will be ploced in olternote positions within Public Works ond the Porks ond Recreotion deportment. Furthermore, their current compensotion ond benefits would not be impocted. Any sovings resulting from this chonge would be used to enhonce services. 124 FY 20,l 4/15 Adopted Work Plon ond Budget Messoge Poge A-9 Service Enhoncements The odopted enhoncements found in Aitochment B reflect services thot our residents ond businesses identified os importont to them during the 20.l4 Community Sotisfoction Survey or priorities identified ot the City Commission retreot on June 4,2014. The enhoncements olso help further three priorities I identified during my selection process: (1) increosing public cleonliness ond sofety, (2) focusing on customer seryice to our residents, businesses, ond visitors, ond (3) improving the odministrotive operotions thot ore criticol to our service delivery. Highlights of the $5.8 milllon of enhoncements funded ocross oll funds to oddress priorities in the City's Strotegic Plon include: . Address flooding ond the mitigotion of seo-level rise by odding funding for o formol Mitigotion Plon, enhonced stormwoter pump mointenonce, ond severol positions to implement the estimoted one-hundred plonned stormwoter proiects over the next five yeors. . The implementotion of Body Comero progroms to improve occountobility in the Police, Code Complionce, Building, Fire, ond Porking deportments. . Severol enhoncements to improve cleonliness including outsourcing the existing Cleonliness ond Appeoronce lndex ond creoting o new Porking Goroge lndex ond Bothroom lndex. Also included ore the oddition of ottendonts ot beochfront restrooms in Lummus Pork ond 21 't Street, supporting the "con on every corner" initiotive by odding more litter cons ocross the City, ond enhoncing the cleonliness ond oppeoronce of City porking goroges by increosing the frequency of pressure cleoning ond woshdowns. . lmprove troffic ond mobility by creoting o new North Beoch Trolley, deploying lntelligent Tronsportotion System solutions for speciol events, implementing enhonced looding zone enforcement, promoting o bicycle sofety compoign, ond creoting o Mystery Rider progrom to ossess the level of service on our trolleys. . Estoblish o more prooctive code complionce environment by odding dedicoted officers in the Entertoinment District ond o unit to enforce ShortJerm Rentols. lmprove the obility to more effectively schedule for speciol detoils such os noise, vendors, ond flyers,/hondbills by converting twelve port-time positions to six full+ime Code Complionce Officer positions. . lmprove security ot our city porks by creoting o new Pork Ronger progrom ond oddress homelessness ot Lummus Pork ond other locotions by conducting sweeps, providing for ombulonce service, enhonced trocking of the homeless, ond odditionol shelter beds. . Enhonce communicotions with our residents by implementing o new 3-'l-l customer service model, enhoncing progromming on Miomi Beoch TV, ond enhonce the City's website ond sociol medio copobilities. . Enhonce hurricone ond disoster preporotion by funding key equipment ond oddress security upgrodes in City focilities thot will be supplemented by gront funds. 125 FY 20,l 4/ 15 Adopted Work Plon ond Budget Messoge Poge A-10 . Strengthen internol controls by odding o position in lnternol Audit to increose oudit coveroge os well os the quolity ond frequency of oudits. o Support excellence of our public schools by funding professionol development ot Noutilus Middle School ond Miomi Beoch Senior High to help sustoin the lnternotionol Boccoloureote progrom. o lmprove the building development process by providing optionol expedited plon review services, odditionol odministrotive support to the five Development Review Boords, ensure complionce with porking impoct fees, ond estoblish on unsofe structures ponel. . Severol odministrotive enhoncements including the implementotion of the first phose of on Employee Wellness progrom, improving the computing environment consistent with best proctice by reducing personol computer replocement from five to three yeors, improving prompt ond comprehensive legol services, enhoncing troining in the Fire Deportment, creoting on Employee Suggestion progrom to spur innovotion, expedite the procurement of goods ond services, ond enhonce the implementotion of new porking technology systems. A list of potentiol odditionol enhoncements requested by deportments but not recommended by me in the Adopted Budget con be found in Attochment C. While mony of these potentiol enhoncements ore importont ond should be considered over time, they were considered o lower priority thon those included in the FY 2014/15 Adopted Budget ond Work Plon. lncreosed Use of Resort Toxes to offset Tourism Eligible Expenditures in the Generq! Fund Bosed on on outside consultont study conducted in 20.l0 using FY 2007/08 octuol costs, it is estimoted thot there ore opproximotely $SO.S million in eligible resort tox expenditures in the Generol Fund. However, $8.8 million of these costs were estimoted os being oddressed by dedicoted funding pursuont to the Miomi-Dode County Convention Development Tox interlocol ogreement, thereby resulting in approximotely $41 .7 million in eligible Resort Tox expenses in the Generol Fund. These include expenses ossocioted with police officers serving entertoinment oreos; o portion of fire rescue services from Fire Stotions 1 & 2; oceon rescue services; enhonced code complionce provided to respond to evening entertoinment oreo violotions ond stoffing of speciol events; other code complionce octivities in tourism ond visitor reloted focilities/oreos; Tourism ond Culture Deportment ond the Culturol Arts Council; museums ond theoters (Gorden Center, Boss Museum, ond Colony Theoter); golf courses (net of revenues); Memoriol Doy ond other speciol event costs; homeless services; Jvly 4'h; Visitor Center funding; holidoy lights; Jewish Museum; Miomi Design Preservotion Leogue (MDPL); Oronge Bowl; monuments; etc. Bosed on FY 2013/14 resort tox collections to dote, it is estimoted thot there will be on odditionol $l,l.l9,000 ovoiloble in resorttoxcollections to provide odditionol funding for these Generol Fund 126 FY 20.l 4/15 Adopted Work Plon ond Budget Messoge Poge A-1 1 octivities in FY 20,l 4/15. The totol odopted Resort Tox Fund tronsfer to the Generol Fund for FY 2014/15 is opproximotely $ga.t million. Use of One-Time Revenues The City's policy regording use of one-time revenues stotes thot "The City of Miomi Beoch will use one-time, non-recurring revenue for copitol expenditures or one-time expenditures ond not subsidize recurring personnel, operotions, ond mointenonce cost". Similor to the lost four yeors, the FY 2014/15 Generol Fund revenues reflect the use of $l.Z million in prior yeor surplus (revenues in excess of expenditures) specificolly set oside for this purpose ond Building Deportment reserves of $.l.5 million ore olso included. ln totol, the Generol Fund Operoting Budget reflects $3.2 million in one-time revenues, offset by o $,l.4 million tronsfer to copitol. While this is generolly not o recommended finonciol proctice, it is being recommended ot this time so os to ollow for o groduol decline in the use of one{ime revenues for recurring expenditures over the next few yeors. As in prior yeor budgets, the intent will be to expend these dollors lost during the fiscol yeor, so thot if ony sovings ore ochieved throughout the yeor, the omount of funds needed from this source will be reduced, in which event the funds will be ovoiloble to be used in subsequent fiscol yeors. The use of one-time revenues will be decreosed by more thon $l.8 million from FY 2013/14. ln oddition, the $8.4 million in prior yeor Porking Fund operoting surplus, os wos initioted in FY 2010/11, remoins ot the some level os FY 2013/14. ln 20,l4, the City of Miomi Beoch conducted its fifth set of comprehensive stotisticolly volid community sotisfoction surveys. The Community Survey wos designed to receive both resident ond business input on quolity of life, city services, ond toxes; ond to identify key drivers for improvement. The 20,l4 survey built on previous surveys in thot mony questions osked in previous studies were included in the 2014 study so comporisons could be exomined over time. Residents ond business owners were brutolly honest in their rotings; nonetheless 4 out of 5 residents ond business owners would recommend the City of Miomi Beoch, ond Residents rote the quolity of life os very high. Responses to mony questions in the survey ore highly correloted, i.e., if troffic is on issue (os it is to o moiority of residents), then rotings of other City services ore influenced. Residentiol rotings for quollty of life ond City services were down from 2012, olthough still high ot 77 percent, with the percentoge of residents who would recommend Miomi Beoch os o ploce to live trending up ot 81 127 FY 20,l 4/15 Adopted Work Plon ond Budget Messoge Poge A-12 percent. Unlike the residentiol survey, the overoll snopshot of business rotings of the City were, on the whole, not significontly different from the 20,l2 rotings, with o substontiol number of services received positive rotings ronging from 70 percent to 95 percent of businesses. These results indicote generol feedbock ond input from our residents ond businesses on their level of sotisfoction with the services we provide, os well os refined priority oreos for the orgonizotion to focus on, ond octionoble recommendotions for improvements to our services. Detoiled survey results ore ovoiloble on the City's website ond the FY 20,I 4/15 Citywide Work Plon con be found in Attochment E. PREMI ER. N EIGHBORHOODS Cleqnliness Cleonliness of our City continues to be o priority for our residents ond businesses. The City uses o quontitotive index to ossess the impoct of these efforts ond results hove shown significont overoll improvement in the lost nine yeors. ln FY 2012/13,89.1% percentof public oreos citywide were roted os cleon or very cleon comported to 65.2 percent in FY 2005/06. The City's strotegic plon includes key intended outcomes (KlOs) to improve cleonliness in high troffic oreos ond city beoches, ond to moximize deployment of trosh cons citywide. The Adopted Work Plon ond Budget includes severol enhoncements thot support these KlOs. The existing Cleonliness ond Appeoronce lndex will be performed by porFtime positions, which will eliminote the need to utilize volunteer city personnel, thus improving productivity. Bosed on the success of this index, two new similor indexes will be creoted to improve the cleonliness ond oppeoronce of city porking goroges ond public restrooms. To improve the cleonliness ond oppeoronce of the City's porking goroges, severol initiotives ore plonned including increosed pressure cleoning from quorterly to every two months in goroges with high troffic, weekly wosh down of goroge romps to reduce dust ond tire debris, yeorly treotment to the concrete floors of the goroges, pointing of goroges on o five yeor schedule storting in FY 20,I 5/16, ond one-time replocement ond stondordizotion of trosh cons ot oll goroges. To provide better service ond improve cleonliness ot beochfront restrooms in Lummus Pork ond 2,l" Street, ottendonts will be odded on weekends, holidoys, ond speciol events. The odopted budget olso includes support for the "con on every corner" initiotive by odding more trosh cons ocross the City, especiolly in North Beoch. 128 FY 20,l 4/15 Adopted Work Plon ond Budget Messoge Poge A-13 Homelessness Revitolizing key neighborhoods is o KIO in the City's strotegic plon, especiolly in North Beoch ond Oceon Drive. ln the 2014 Community Surve/, homelessness wos o criticol issue for residents os only 37 percent gove positive rotings for how the City oddresses this issue, down from 44 percent in 2009. The FY 2014/15 Budget includes funding to oddress homelessness ot Lummus Pork ond oncillory locotions by odding positions to conduct 4:00 om sweeps in the pork, provide ombulonce service to tronsport mobility-impoired homeless persons, homeless trocking to include briefings for court heorings to include service history, ond odditionol flex-use shelter beds. Code Enforcement The FY 2014/15 Budget includes funding to estoblish o more prooctive code complionce environment by odding two Code Complionce Officers in the Entertoinment District (Oceon Drive, Collins Avenue, ond Woshington Avenue), two Code Complionce Officers to enforce Short-Term Rentols/Tronsient Use on o full+ime bosis, ond one odministrotive position to support cose files ond legol notices for the new positions. Two odditionol positions ore olso odded to provide increosed occountobiliry ond improved cose flow including o reduction of process time, ond to focilitote finonciol ond odministrotive functions ond provide customer service support. To improve the obility for Code Complionce to more effectively schedule for speciol detoils such os noise, vendors, ond flyers/hondbills, twelve port-time Code Complionce Officer positions will be converted to six full+ime positions. This enhoncement ollows for o tronsformotion of the deportment thot supports the KIO in the City's strotegic plon for ensuring complionce with code ond oddresses the declining rotings regording the oppropriote level of code enforcement in the 2014 Community Survey (62% compored to 71% in 2005). INFRASTRUCTURE Siorm Droinqge The 2014 Community Survey identified storm droinoge os o key issue for residents. Only 25% of residents roted storm droinoge os excellent or good compored to 2009 144%l ond 20,l 2 (37%1. lnterestingly, neorly nine out of ten residents 187%l cloimed they would support the City spending tox dollors to oddress rising seo levels. During FY 20,l3/14, two new commiitees were formed to oddress the City's current ond future droinoge issues, the Moyor's Blue Ribbon Ponel on Flooding ond Seo Rise ond the Flooding Mitigotion Committee. The City's strotegic plon includes o KIO to ensure relioble stormwoter monogement ond resiliency ogoinst flooding through short ond longterm solutions oddressing seo-level rise. The FY 2014/15 Budget includes funding for severol positions fo implement dozens of plonned stormwoter proiects over the next five yeors to help convert the city's droinoge system from o grovity-bosed system to o 129 FY 2014/ 1 5 Adopted Work Plon ond Budget Messoge Poge A-14 pumped system. Also included is funding for enhonced pump mointenonce, stormwoter moin cleoning, ond o formol mitigotion plon to oddress seo-level rise. To fund these enhoncements ond copitol needs, the FY 2O14/15 Budget includes o stormwoter rote of $,l6.67 per equivoleni residentiol unit, which represents on increose of $Z.Ot per month obove the FY 2013/14 rote of $q.OO per month. Trqffic Flow ln the 2014 Community Survey, troffic wos identified os the number one problem for residents os only 16% roted troffic flow os excellent or good. Positive rotings for troffic flow hove been declining since 2005, when 36% of residents felt troffic flow os positive. The City's strotegic plon includes o KIO to ensure comprehensive mobility oddressing oll modes throughout the city. The FY 2014/15 Budget includes funding for deployment of on interim lntelligent Tronsportotion System (lTS) solution for moior speciol events ond high impoct periods. The long{erm ITS solution is proiected to cost opproximotely $.l4.5 million, of which o $4.5 million motch is included in the FY 2014/15 Copitol Budget ond $.l0 million hos been requested through o Tronsportotion lnvestment Generoting Economic Recovery flGER) gront from the U.S. Deportment of Tronsportotion. To oddress troffic chollenges resulting from commerciol looding on enhonced looding zone enforcement progrom will be implemented by ossigning Police officers to dedicoted enforcement (moving violotions) for obstruction of troffic (double porking) on moior thoroughfores. lncreosing mobility through trolleys or locol bus circulotors hos been o priority over the lost yeor. ln the 20,l4 Community Survey, neorly holf of residents 149%l cloimed they would ride trolleys or locol bus circulotors. ln oddition to providing funding for the South Beoch Locol, during the post yeor the City Commission opproved o temporory Alton,/West holley service to help mitigote the impoct of the Alton Rood from 5'h Street to Michigon Avenue Florido Deportment of Tronsportotion project ond o new North Beoch Locol which is onticipoted to begin service in October. ln order to ossess the level of service on our trollies ond circulotors, o new Mystery Rider progrom will be creoted. The results will be used to meosure customer service, reliobility of service, ond mointenonce ond cleonliness of vehicles. A dedicoted Tronsportotion Plonner position will olso be odded to provide support to vorious tronsportotion initiotives, including the trolleys ond circulotors, outomoted troffic monitoring, ond the new Next Bus mobile opplicotion technology. The FY 20.l 4/15 Budget olso includes funding to promote o bicycle sofety compoign os recommended by the Finonce ond Citywide Proiects Committee to help reduce occidents in the community. @ai an flrtrtffiglar frwrymfumgyffil ':. .. .' .''i,'." .. --: -ial,i:ii!i:.i: ,,1 |: 130 FY 201 4/15 Adopted Work Plon ond Budget Messoge Poge A-15 Hurricone Preporotion ond Securitv The 2014 Community Survey reflected o decreose in the roting for emergency/hurricone preporedness of 84% from 92% in 2009. The FY 2014/15 Budget enhonces hurricone ond disoster preporotion by funding the ocquisition of key equipment including on emergency response troiler, portoble generotors ond lighting units, emergency mobile communicofion kits, ond o 4 wheel drive vehicle. Funding is olso included to oddress security upgrodes in city focilities by funding odditionol security comeros ond increosed occess control meosures ond implementotion of Crime Prevention through Environmentol Design (CPTED) infrostructure enhoncements. Additionol funding of $ I 00,000 to $200,000 for CPTED infrostructure enhoncements is onticipoted from existing ond upcoming Urbon Areos Security lnitiotive (UASI) gront funds. POLICING CULTURE Accountobility The FY 2014/15 Budget includes the implementotion of o Body Comero progrom in the Police Deportment to improve tronsporency ond occountobility by recording police officers' interoctions with the public. The first yeor of the progrom provides for fwo positions to ensure proper video evidence recovery ond mointenonce of the choin of custody os well os the purchose of 50 comeros ond onother 50 comeros ore being provided by the vendor free of chorge. Additionol comeros ore onticipoted to be requested in FY 2015/16. Body comeros will olso be rolled out in the Code Complionce, Building, Fire, ond Porking deportments. This enhoncement supports the KIO in the City's strotegic plon to insist on Police Deportment occountobility ond skilled mo nogement/leodersh i p. Customer Service The FY 2014/15 Budget includes funding to improve security ot city porks by creoting o new Pork Ronger progrom. This progrom would provide four Pork Ronger positions to potrol the porks, provide odditionol security, ond enforce complionce with city ordinonces ond pork rules. The Rongers would olso provide ossistonce with sociol issues such os tronsient comping in the porks ond loitering. They would portner with vorious other forces such os the Porks & Recreotion Deportment, the Police Deportment, the Miomi-Dode County School Police, ond Neighborhood Woich groups. A new Crime Scene 3D Comero System will be purchosed through Confiscoted Trust funds, (Attochment D) to help cleor crimes scenes foster, especiolly vehicle occidents to help mitigote negotive impocts on troffic flow. These enhoncements reflect o KIO in the strotegic plon to reform policing culture with o customer service emphosis. 131 FY 2014/ 1 5 Adopted Work Plon ond Budget Messoge Poge A-16 EDUCATIONAL EXCETTENCE lmprove Public School Accountobility ln 2008, the City of Miomi Beoch ollocoted $500,000 to help oll public schools in Miomi Beoch offer the lnternotionol Boccoloureote (lB) progrom. Miomi Beoch is the only city in the stote in which children hove occess to the lB progrom without hoving to ottend o mognet school. The FY 2014/15 Budget includes funding to coordinote ond host on lnternotionol Boccoloureote (lB) professionol workshop for instructionol stoff ot Noutilus Middle School ond Miomi Beoch Senior High to help sustoin the lB progrom ond support re-outhorizotion for eoch school through the lnternotionol Boccoloureote Orgonizotion. ,I,IANAGEMENT & SERVICE DETIVERY Communiccrtion The City's strotegic plon includes o KIO to enhonce externol ond internol communicotion from ond within the City. The 20,l4 Community Survey indicotes thot holf of residents thot contoct the ciiy wont to file o comploint. The FY 2014/15 Budget includes on enhoncement to implement phose one of o new 3-l-l customer service model. lncoming colls would be routed through the Customer Service coll center ond o new consolidoted City Worning Point dispotch function would be creoted for high priority service colls reloted to progroms in Public Works, Porking, Code, Tronsportotion, ond Emergency Monogement. This initiotive dovetoils with the new Miomi Beoch eGov smort phone opp thot lounched in June 2014, thot ollows the public to report reol+ime neighborhood concerns such os obondoned property, olley cleonliness, groffiti, illegol dumping, broken sidewolks, potholes, ond homeless octivity, omong others, to the oppropriote municipol government office in o snop. The smort reports include o photo ond GPS locotion thot outomoticolly integrotes with the City's customer support center. The 20.l4 Community Survey showed thot sources of informotion to our residents concerning the City's octivities continue to become more diverse ond segmented ond thot sotisfoction with the City's website hod decreosed from 87 percent in 201 2 to 79 percent in 2O14. The Adopted Budget includes funding for enhonced progromming on Miomi Beoch TV ond o new position to help enhonce the City's website ond sociol medio copobilities. Buildino/Development-R.eloted Processes The FY 2014/15 Budget includes enhoncements consistent with the KIO in the strotegic plon to improve building/development review services. One enhoncement is to improve efficient ond timely delivery of plon review services in the Plonning Deportment by providing optionol expedited review in coordinotion with the Building Deportment. This enhoncement would offer customers comporoble services os currently performed by Building ond would deliver the enhonced service by ossigning two stoff members to review plons during Soturdoy sessions. Customers would moke written requests ond poyment by Thursdoy, 5:00 p.m. for expedited review to occur thot Soturdoy. 132 FY 201 4/15 Adopted Work Plon ond Budget Messoge Poge A-17 Another enhoncement is to improve odministrotive support to the five Development Review Boords by odding on odministrotive position. ln oddition io improving quolity control ond the delivery of services, the position would enhonce tronsporency by moking ovoiloble complete ond timely informotion for viewing, including completed boord opplicotion submiitols with drowings, ogendos, ond ofter-octions. An odditionol enhoncement is to ensure complionce ond occurocy os it relofes to the odministrotion of the Porking lmpoct Fee policies ond procedures by odding o position to moke site visits to help ossist with the occurote ond consistent odministrotion of the Concurrency Mitigotion Progrom. Finolly, on unsofe structures ponel will be creoted to streomline the unsofe structures process thot is currently coordinoted by the County. lnnovqlion The City's strotegic plon includes o KIO io improve the City's monogeriol leodership to reword innovotion ond performonce. The FY 2014/15 Budget includes funding to creote on Employee Suggestion Progrom to inspire City employees to shore innovotive ideos which moy enhonce City services. Eligible employees identify o specific problem ond suggest o specific method or improvement to do o iob or procedure better. Employees would receive o recognition oword for vioble suggestions ond o speciol oword bosed on the sovings or increose in revenue generoted with owords ronging from $50 to o moximum of $5,000 per suggestion. Porticipoting employees with vioble suggestions will receive o certificote ond o $25 reword regordless of whether or not sovings/reven ues ore generoted. Stenqthen lnternol Controls The FY 2014/15 Budget includes funding to increose oudit coveroge of high risk oreos from79 to 90 percent ond oddress increoses in oudit requests by odding o position to lnternol Audit. The position would odd ten odditionol oudit oreos per yeor ond increose the quolity ond frequency of oudits. Streomline Delivery of Services Severol odministrotive enhoncements thot support the KIO in the strotegic plon to streomline the deliveryof services through oll deportments ore included in the FY 2014/15 Budgetsuch os: . lmproving the computing environment consistent with best proctice by reducing personol computer replocement from five to three yeors . lmplementing the first phose of on Employee Wellness progrom to encouroge employees to mointoin o heolthy lifestyle ond help reduce long-term medicol plon costs. Wellness plons ore designed, using incentives, to ossist employees in odopting lifestyle chonges to promote physicol ond emotionol well-being, with lower heolth core costs for the employer os the ultimote gool. 133 FY 20.l 4/15 Adopted Work Plon ond Budget Messoge Poge A-18 . lmproving timeliness ond efficient delivery of legol services provided to the City Commission ond City Adminishotion by odding o position in the City Attorney's Office . Expedite the ocquisition of goods ond services in City deportments by converting o port-time position to full-time to monoge the e-Morketploce ond the stondord order cotolog in the Procurement Deportment . Add o position to implement ond monoge new technology in the Porking Deportment such os the Miomi Beoch Mobile smortphone opp, PorkMobile poy by phone service, License Plote Reoders, occess cord poyments opplicotion integrotion, etc. . Enhonce troining in the Fire Deportment by odding o Troining Division Chief os it is one of the most criticol elements for success ond o key component of being roted o Closs I ogency by lnternotionol Stondordizotion Orgonizotion (lSO). During the current yeor, the City hos begun the Munis,/Energov technology proiect to reploce its existing ERP ond permitting ond licensing system over the next three yeors. This key proiect includes funding for o full business process review (BPR) of oll functionol oreos of the new systems prior to the commencement of implementotion octivities. The gool of the BPR is woJold: (1) moke business operotions more efficient ond effective; (2) ond more effectively utilize technologicol investments. ln this monner, the new systems will be oligned with improved processes offering the greotest opportunity to improve the City's business operotions. As port of the proiect kickoff in August, the outhor of Extreme Government Mokeover spoke to over 300 porticiponts regording innovotive opprooches ond tools to streomline processes. Mony positive process chonges ore onticipoted os the Munis/Energov proiect progresses. Since FY 2OO5/06, the budget for the Generol Fund hos included funding specificolly for lnformotion & Communicotions Technology Proiects. Eoch yeor, deportments propose proiects which ore then reviewed ond prioritized by the lT Steering Committee, which is comprised of the Assistont City Monogers, the Chief Finonciol Officer, the Fire ond Police Chiefs, the lT Director, ond the Budget Director. Funding for the FY 20.l 4/15 technology proiects totols $395,000 ond is funded by o tronsfer of $395,000 (some omount os FY 2013/14]t from the Generol Fund to the lnformotion & Communicotions Technology Fund. Below is o summory of the technology proiects. Fuel Monogement System Upgrode ($.l05,000): The current fuel monogement system is no longer supported by the monufocturer due to o tronsition to next- generotion wireless technology. This prolect would updote the current system to the new wireless, web-enobled system which is more relioble ond provides enhonced fuel monogement functionolity such os dynomic grophicol disploys for on-line reol- time monitoring, control, ond remote enhonced diognostics. 134 FY 201 4/15 Adopted Work Plon ond Budget Messoge Poge A-19 PulsePoint App ($25,000): Sudden Cordioc Arrest (SCA) is o leoding couse of deoth in the U.S. occounting for on estimoted 325,000 deoths eoch yeor. Only obout o third of SCA victims receive bystonder CPR. The Americon Heort Associotion estimotes thot effective bystonder CPR, provided immediotely ofter SCA, con double or triple o person's chonce of survivol. The PulsePoint mobile opp olerts CPR+roined bystonders to someone neorby hoving o sudden cordioc orrest thot moy require CPR. The purpose of the opp is to increose the survivol rotes of cordioc orrest victims by red uci ng collopse-to-CPR times ond collopse+o-defi bri llotions ti mes. OpenGov Business lntelligence Softwore ($25,000): This proiect would fund web- bosed softwore thot lets governments ond citizens eosily occess, explore, ond shore finonce ond budget informotion. This business intelligence softwore pulls informotion from the City's generol ledger ond tronsforms the doto into occessible, understondoble, meoningful, ond octionoble informotion. The softwore's intuitive novigotion ond visuolizotions let users find ond onolyze revenue ond expense informotion by deportment, fund, or cotegory in iust o few clicks. This tool would improve internol efficiencies ond build tronsporency ond engogement with constituents. Active Strotegy Upgrode ($35.000): This prolect upgrodes the City's performonce monogement softwore. Active Strotegy hos odvised the City's current version of the softwore will no longer be supported. The upgrode would include odditionol functionolity including on updoted presentotion feoture ond enhonced security feotures. Enterprise Shorepoint lmplementotion Cloud ($90,000): This proiect would implement Microsoft Shorepoint, o populor colloborotion ond work flow tool, on on enterprise bosis ond moke it ovoiloble to Ciry deportments for their use. For exomple, if severol deportments ore working on o common initiotive, o website con be creoted in Shorepoint thot ollows for document shoring, outomoted work flows, ond occess to informotion by everyone on the teom. One of the first onticipoted uses of Shorepoint would be to help coordinote Emergency Monogement octivities ocross the orgonizotion ond outside ogencies. Further, the following proiects do not require funding, but ore plonned to be under development next yeor with in-house stoffing resources: Housing Registry: This proiect would creote on Affordoble Housing Registry which trocks oll properties designoted os offordoble ond their respective offordobility periods. For those offordoble units which ore rentols, it enobles the City to trock voconcies ond ensure its proper reporting to US Deportment of Housing ond Urbon Development (which is o controctuol requirement of the City os on entitlement community). The Registry will help the City mointoin complionce with HUD ond ensure funding of the City's onnuol entitlement funds (obout $2 million). 135 FY 2014/ 1 5 Adopted Work Plon ond Budget Messoge Poge A-20 Prolect Homeless lD: This proiect would oddress the increosing need to document ond trock homeless clients in the field by providing timely informotion regording o homeless person's stotus, referrol history, ond current progress. The current process is time-intensive os stoff monuolly creote cose notes ond referrol histories for eoch client. This proiect would outomote the process, free up voluoble stoff time, ond moke key client informotion more occessible in the field. Porking Goroge ond Restroom lndex: This proiect creotes on index to ossess the restrooms ond porking goroges ocross the city, similor to the index used in the City's Cleonliness progrom. The progrom would provide reol-time informotion to responsible deportments on the stotus of public restrooms ond porking goroges ond result in cleoner, better mointoined focilities. VALUE OF SERVICES FOR TAX DOTLARS PAID As noted eorlier, between FY 2007/08 ond FY 2013/14, the Generol Fund obsorbed olmost$43 million in reductions ond opproximotely $5.l million ond 276 positions ocross oll funds. Further, o totol of opproximotely $20 million in employee "give-bocks" were ochieved between FY 2009/10 ond FY 20,l 1/12, through o combinotion of freezing cost of living odiustments for oll employees for two ond one-holf yeors, eliminotion of merit increoses for oll employee except members of the Froternol Order of Police (FOP) ond lnternotionol Associotion of Firefighters) IAFF, increosed contribution to pension for oll employees except members of FOP ond IAFF, pension plon chonges for the Miomi Beoch Employees Retirement Plon, increosed contributions for toke-home vehicles by FOP members for l8 months, reduced holidoy poy for IAFF members, ond increosed contributions to heolth insuronce by members of the FOP ond IAFF for l8 months. ln oddition, the FY 2012/13 budget included $9.l8,000 in employee "give-bocks" ond the FY 2013/14 budget included $4.6 million. Along with $5.l million in reductions, this represents almost 577 million in combined "givebacks" and reduclions over 7 years. All of the givebocks ochieved, except the l8 month increosed contribution to heolth by FOP ond IAFF ond the increosed contributions for toke-home vehicles by FOP members for I 8 months, represent ongoing, recurring sovings to the City ond the employee givebocks contribute significontly towords the City's strotegic gool (key intended outcome) to control poyroll costs. Although the economy oppeors to hove stobilized, the impoct of the recent recession impocted both property tox revenues os well os pension costs. Therefore, the City's strotegy continues to consider the long term finonciol sustoinobllity of the City. Beginning with the development of the FY 2009/10 budget, o strotegywos developed to oddress short-term, mid-term ond longterm finonciol needs. . Strotegies to oddress short-term finonciol needs included ongoing efficiencies ond woge concessions by employees. 136 FY 2014/ 15 Adopted Work Plon ond Budget Messoge Poge A-21 . Mid{erm finonciol sustoinobility wos oddressed by pension concessions from current employees in the Miomi Beoch Employees Retirement Plon . Longer term finonciol sustoinobility is enhonced by the pension plon restructures thot hove been put in ploce for employees in the City's retirement plons. For exomple, for Generol Employees, the plon restructure odopted for new employees is proiected by the City's ociuory to reduce the City's onnuol required contribution by olmost $l million in FY 2012/13, with odditionol reductions onnuolly os the number of employees in the Miomi Beoch Employees Retirement Plon hired ofter October I , 2010 continues to increose. Further, odditionol pension plon reform recommendotions were developed by the City's Budget Advisory Committee (BAC) for the Fire ond Police Pension Plon for considerotion os port of the FY 2013/14 odopted budget. While the specific BAC recommendotions were not implemented, the pension reform ogreed upon by IAFF ond FOP generofed sovings is in excess of the BAC recommendotions: $5.6 million in the first yeor, $.l.9 million in the second yeor, ond $ t aO million net present volue over 30 yeors. With the adopted 36O OOO in efliciencies and Sl.9 million in employee givebacks incorporated in the Adopled Work Plan and Budget for FY 2Ol4 | 5. the 8 year total of reductions and employee givebacks is 579 million. General Fund FY 2O1U15 ProDosed &Year Total S lmoacts FT PT S lmoacts FT PT )ublic Safetv (3.0 ($8.021.095'(71.0 1.0 Joerations ($6.126.867',(66.0 (23.0 Mministrative SuDoort (60.000'1.0 ($3.246.694 (33.4 1.0 con & Cultural Dev ($1.235.426 17.O 3itywide ($1 .619.642 Subtota s (60.000'(2.0"($20,249,724 (185.4 (21.O Transfers ($23,168,966 Tota $ (60,0001 Q.O',,$ (€,418,6901 (185.41 (21.0' nternal Service Funds 19.0'($3,871,225 57.1 Enterprise Funds ($3,651,021 53.0 10.0 GRAND TOTAL REDUCTIONS $ (60.0001 (21.O',,$ (s0.940.9361 (295.s1 (1 1.o'. Givebacks * TOTAL REDUCTIONS AAID GIVE ($1.900.0001 ($27,833,360 s (1.960.0001 121.O',s (78.774.296'(295.5',(1 1.o'. The 20,l4 Environmentol Scon conducted os port of the strotegic plonning process showed thot the overoge doily populotion in the city hos grown olmost 36 percent from 2003 to 20.l3. Much of this increose consists of odditionol tourists (96 percent), seosonol residents (61 percent), nontourist beoch visitors (56 percent), ond non-resident workers (23 percent). Hoving over oneJhird more people in the city over the lost ten yeors, without on offsetting increose in budget con result in services becoming degroded over time. The chort below shows the Generol Fund budget ond Generol Obligotion Bond Debt Service budget divided by the overoge doily populotion from 2007 to 20,l3. The chort shows thot the overoge doily populotion hos grown foster thon the budget ond thot the FY 201 2/13 omount is 15 percent below the FY 2006/07 omount. ln the 2014 Community Survey, residents' rotings of the volue of city services for tox dollors poid os excellent or good improved from 46 percent in 2007 to 58 percent in 2014. 137 FY 2014/ 1 5 Adopted Work Plon ond Budget Messoge Poge A-22 1,400 7,200 1,000 800 600 General Fund and G.O. Debt Budget by Average Daily Population 2007 - 2013 2009-10 !q!g: Average Daily Population for FY 2013-14 not available until end of calendar year r GF Exp perADP ! GO Debt perADP Despite the dromotic impoct of severol yeors of reductions due to property tox reform exocerboted by o dromotic downturn in property volues ond dromotic increoses in pension costs, it hos been our oblective to preserve services to our city os well os the mony unique benefits provided to our residents. The Adopted Work Plon ond Budget preserves benefits specificolly for City of Miomi Beoch residents, including: . Our free "Culture in the Porks" series; . Access to free culturol orts progroms (theoter, donce, music ond involved in ofter school ond summer comps; orts) for children . Scholorship speciolty comps in the summer, in oddition to children porticipoting comps; ond progroms for troveling othletic leogues. . Free occess to City pools on weekends ond during non-progrommed hours; . Free generol odmission to our Youth Centers on weekends ond during non-progrommed a a a a hours; Free Leorn-to-Swim progroms for 3 to 4yeor old residents; Reduced resident rotes for recreotion progroms Free "fomily friendly" Movies in the Pork; Free odmission to museums on Miomi Beoch, including the Boss ond Wolfsonion Museums every doy ond the Jewish Museum on Wednesdoys, Fridoys ond Soturdoys; Free occess to the moiority of our senior citizen progroms ond speciol populotions progroms, including severol free donces thot toke ploce throughout the yeor; Free crime onolysis of residents' homes by our Police Deportment; ond Free child sofety seot checks by our Fire Deportment. doy a a 138 FY 20,l 4/15 Adopted Work Plon ond Budget Messoge Poge A-23 ANAIYSIS OF PROPERTY VATUES IN MIAAAI BEACH On july 1,2O14, the City received the '2O14 Certificofion of Toxoble Vqlue" from the Property Approiser's Office stoting thot the toxoble volue for the City of Miomi Beoch is $27..l billion including $lSZ.Z million in new construction. The preliminory 2014 volue represents on increose of $2.4 billion or 9.9 percent more thon the July 1 , 2013, Certificotion of Toxoble Volue of $24.6 billion ond on increose of 9.3 percent, excluding new construction. The comporotive ossessed volues for the Miomi Beoch Redevelopment Agency City Center redevelopment district increosed from $3.9 billion to $4.2 billion on increose of $3,l5 million or on 8.,l percent increose over 20,l3 certified volues. ln oddition, ossessed volues within the geogrophic oreo formerly known os the South Pointe redevelopment district increosed from $3.9 billlon to $4.3 billion on increose of $4,l3 million, or o .l0.5 percent increose in volues over 20,l3 certified volues. As o result, toxoble volues in the oreos outside the City Center RDA/South Pointe oreo increosed by 10.2 percent, from $tO.g billion to $.l8.6 billion, on increoseof $l.Zmillion. Citywide volues excluding City Center increosed from $20.8 blllion to $22.9 billion, on increose of $Z.t billion or .l0.3 percent. Volues outside the City Center oreo determine Generol Fund revenues. COMPARATIVE ASSESSED VALUES (in billions) lon. I 2013 Volue lin billionsl %Cho Jon. 1,2014 Volue (in billionsl Chonge from 20')3 Volue [Budoet] As of July l 2013 (For FY 2013/14 Arrdoatl Revised Volue (For FY 2013/14 Proiectionl Chonge in 2013 Volues As of July 1 20r 3 Itor 2014/15 Budoetl $ lin billionsl % Cho RDA - Ciry Ch $ 3.8714 $ 3.6341 $ (0.2373)-6.1%$ ilaoz $ 0.3 r53 8.1% South Pointe 3.9r 48 3.759't0. r4561 -3.7%4.3275 $ 0.4127 to.5% Generol Fund excl S.Pte 16.8703 16.2354 (0.634e)-3.8%18.5942 $ 1.7239 to.2% Totol Citywide $ 24.6565 $23.6387 (1.0128)-4.1%$ 27.1084 $ 2.4519 9.9% 3itywide Net of 3iV Center $ 20.7851 $20.004($ (0.2805)-3.8"/"$ 22.9217 $ 2.1 366 r0.3% Determining the Operoting Milloge Levy The first building block in developing o municipol budget is the estoblishment of the volue of one mill of toxotion, wherein the mill is defined os $].00 of od volorem tox for eoch $],000 of property volue. For the City of Miomi Beoch, the volue for eoch mill is determined by the 2014 Certificotion of Toxoble Volue ond hos been set ot $27..l million. Florido Stotutes permit o discount 139 FY 2014/ 1 5 Adopted Work Plon ond Budget Messoge Poge A-24 of up to five percent for eorly poyment discounts, delinquencies, etc. Therefore, the 95 percent volue of the mill is $25.7 million. Net of Center City RDA tox increment ovoiloble to the Generol Fund, the volue of one mill ot 95 percent is $22.0 million. lmpocts of Chonges in Property Vqlues The FY 2013/14 operoting milloge rote for generol City operoiions wos 5.8634 bosed on July, 2013 Certificotion of Toxoble Volue. Bosed on the July 1 ,2014 Certificotion of Toxoble Volue, 5.8634 mills would generote opproximotely $,l65..l million ot .l00% collection ($tSO.q million ot 95% collection) in generol tox revenues, on increose of $tA.S million ot .l00% collection ($tS.O million ot 95% collection) over FY 2013/14 property tox revenues Citywide (Generol Fund, City Center RDA ond the South Pointe oreo). The Generol Fund property tox revenues would increose by $l 1.9 million, if the FY 2013/14 milloge rote wos mointoined. Further, theJonuory,l 2013 tox roll Citywide declined by $.l.02 blllion 14.1%l between theJuly 1,2013 voluotion ond the July 1 ,2014 voluotion due to oppeols, odiustments, etc., whlch is port of the reoson thot the FY 20.l 4/15 "rolled-bock rote" is significontly less thon the FY 2013/14 current milloge rote. Stote Legisloted Operoting Milloge R.equiremenfs Further, pursuont to recently enocted Stote legislotion, the City moy elect to opprove milloge rotes obove the roll-bock rote up to the constitutionol cop of l0 mills subiect to the following votes by the Commission or referendum: . Option l: A moioriiy of the Commission is required to opprove o milloge up to 7.2121 (equivolent to 3..l5 percent increose in property tox revenues). The 3.15 percent increose is the stote per copito personol income goin for the prior colendor yeor. . Option ll: A wo+hirds opprovol (5 of Z votes) of the Commission is required to opprove o milloge up to 7.9333 (equivolent to o 10 percent increose in the od volorem revenues obove Option l). . Option lll: A unonimous opprovol of the Commission or referendum is required to opprove o milloge obove 7.9333 up to the 10 mill cop The operoting milloge rote of 5.7942 therefore requires o moiority opprovol 14 of 7 votes) of the Commission. Determining the Voted Debt Service Milloge Lery The generol obligotion debt service poyment for FY 2O14/15 is opproximotely $5.9 million. Bosed on the July 1, 2014 Certified Toxoble Volue from the Property Approiser, these bonds would require the levy of o voted debt service milloge of 0.2295 mills. This represents o decreose of 0.0234 mills. 140 FY 2014/ 1 5 Adopted Work Plon ond Budget Messoge Poge A-25 Combining the Operoting qnd Voted Debt Seryice Milloge Lery At the )uly 23,2014 Commission meeting, the Commission set the operoting milloge ot the some level os FY 2013/14 ond the voted debt service milloge decreosed by 0.0234 mills. This represents o totol decreose in the operoting milloge rote of 0.0234 mills. On August 29th, the Finonce ond Citywide Proiects Committee voted to reduce the operoting milloge rote on odditionol 0.0692 mills for o combined milloge rote reduction of 0.0926 mills compored to FY 201 3/14. llluskoted below is o comporison of the combined milloge rotes ond od volorem revenues to the City of Miomi Beoch for FY 2013/14 ond FY 201 4/15 (preliminory) including RDA. lt is recommended thot in the Generol Fund, 0.,l083 mills of the totol operoting milloge continue to be dedicoted to renewol ond replocement, resulting in opproximotely $2.,l8 million in renewol ond replocement funding. The odopted milloge rote is .l.5% less thon FY 2013/14 ond 21.5% less thon FY 2006/07. % lnc/Decl City of Miami Beach Millage Rates Operating Capital Reneual & Replacernent Sub-total Operating Millage Debt Service Total FY 06/07 7.1920 0.1820 FY 13114 5.7551 . E i$0.1083 sffid$ilffiffi lnc/(Dec) -0.0692 0.0000 F rom F rom FY13l14 FY 06/07 7.3740 0.2990 5.8634.i o.252eii., -0.0692 -0.0234 -1.2o/o -21.4o/o -9.3o/o -23.2o/o 7.6730 6.1163;l -0.0926 -1.SYo -21.5o/o lmpoct on Homesteqded Properties Amendment l0 to the Stote Constitution took effect on Jonuory I , ,l995 ond limited the increose in ossessed volue of homesteoded property to the percentoge increose in the consumer price index (CPl) or three percent (3%), whichever is less. For 2014, the CPI hos been determined to be ,l.5 percent ond therefore, the increose is copped ol 1 .5% for increosed volues os of Jonuo ry 1 , 201 4. Overoll, bosed on the homesteoded properties in theJonuory 1,2013 homesteod volues os of july 1 , 2013 voluotion, the medion volue of homesteoded property in Miomi Beoch for 2013 wos $132,371, ond the overoge $312,086. Applying the increose to the morketvolue of oll existing homesteoded properties from the 20.l3 tox roll, ond the ,l.5 percent CPI odiustment, the impoct of the milloge rote odiustment to homesteoded properties would be no increose in property toxes os shown in the following toble. 141 FY 2014/ 15 Adopted Work Plon ond Budget Messoge Poge A-26 H o mesteaded Properties FY 2013t14 FY zOL lLs with 1.5% CP! lrledian Average trtledian Average 201 3 Pre liminary Taxable Value $ 132,371 $ 317,086 $ 134,357 $ 321,842 Cityof Miami Beach Operating Voted Debt TotalMamiBeach $776 33 $ 1,859 80 $ zza 31 $ t,aos 74 $ aos $ 1,939 $ 809 $ r,gsg $ Change in Taxes Operating Voted Debt Total MiamiBeach $ 2$ (21 6 (6t $-$ * Source: Mami-Dade County Property Appraiser's - 2013-average-median-homestead-residential-values file lmpoct on Non-Homesteqded Properties The onnuol increose in morket volue of o non-homesteod property is copped ot l0 percent (does not opply io school milloges). The city-wide overoge increose in property volues is 9.9 percent. The property volue of individuol properties moy increose more or less thon 9.9 percent, but not more thon 10 percent. Overlopping Jurisdictionol Operoting ond Debt Service Milloges City of Miomi Beoch property owners must olso poy property toxes to Miomi-Dode Couniy, the Miomi-Dode County School Boord, the Children's Trust, the South Florido Woter Monogement District, Okeechobee Bosin, Everglodes Proiect, ond the Florido lnlond Novigotionol District. These toxing outhorities represent Z0 percent of o Miomi Beoch property owner's tox bill. The counlywide tox rote for Miomi-Dode County decreosed by 0.0345 mills to 4.6690; the librory tox rote increosed 0..lI l5 mills to 0.2840 mills; ond the debt service milloge increosed 0.0280 mills to 0.4500 mills. The tox rote for the Miomi-Dode School District decreosed slightly fron 7.9770 mills to 7.9740 mills. The Children's Trust milloge is mointoined ot 0.5000 mills. As o whole, the milloge rotes for the South Florido Woter Monogement District, Okeechobee Bosin, Everglodes Proiect, ond Florido lnlond Novigotionol District decreosed 0.0174 mills to O.4l8Z mills. With the odopted rotes for FY 201 4/15, the Miomi Beoch portion of the FY 2014/15 tox bill is opproximotely 30 percent of the totol bill. Of note the County milloge is 0.9830 mills less lhon their millage in FY 2006 -. os compored to the City's milloge which is 1.6493 mills less thon the City milloge in FY 2006 -. Further, the School Boord milloge is only minimolly below the FY 142 FY 2O14/ 1 5 Adopted Work Plon ond Budget Messoge Poge A-27 2006/07 milloge rote, despite the recently proposed decreose. The significont difference in the totol overlopping milloge rote is o direct result of the City's effort to keep the milloge rotes os low os possible. A summory of the tox rote chonges is provided in the following toble. OVERIAPPING TAX MILIAGE FY 06107 Ft t3ll4 Ft L4tLs Variance trom 13lt4 Variance trom 06lO7 L4lts Total Citv of Miami Beach Millace Rates Ooeratins 7.t92C 5.7551 5.685S -0.0592 -1.5061 Capital Renewal & Replacement 0.182C 0.108:0.1083 0.0000 -0.0731 Subtotal Operatinc Millaee 7.3744 5,863r 5.7942 -0.0692 -1.579t Voted Debt Service 0.299C o.2s2l 0.2295 -0.0234 -0.069! Tota 7.67?A 6.116:5.0237 -0.0926 -1.6493 ?ov, Miami Dade County Countvwide 5.515C 4.703l.4.669C -0.0345 -0.946( Library 0.486C o.L72:0.284C 0.1115 -0.2020 Debt Service 0.28sc o.422(o.450c 0.0280 0.1550 Subtota 6.3860 s.298(5.4030 0.1050 -0.9830 277, School Board 8.10s0 7,977(7.9744 -0.0030 -0.1310 390/, Children's Trust o.422C 0.500(0.500c 0.0000 0.0780 2o/, Other o.736C 0.445:0.4187 -0.0268 -0.3173 2o/, Tota 233224 20.336t 20.3194 -o,oL74 -3.0026 L00% lmpoct of Combined Tox Rotes of Overlopping Jurisdiciions on Homesteqded Properties The medion ond overoge Jonuory l, 20,l3 toxoble volues of $132,371 ond $3,l2,086, respectively, will increose by .l.5% CPI in FY 20.l 4/15 due to the Sove Our Homes Cop which only ollows toxoble volues to increose by 3.0% or CPI, whichever is lower. Applying the odopted combined milloge rotes to the medion ond overoge toxoble volues results in on odditionol $38 for the medion ond o $92 increose for the overoge. These increoses ore mitigoted by no increose in property toxes for the medion or the overoge from the reduction in milloge in the City of Miomi Beoch's portion of the property tox bill. Medion properties would poy opproximotely $2,729 for oll toxing lurisdictions combined, while the overoge toxes generoted would be opproximotely $6,540 per homesteoded property. Of these toxing iurisdictions, the highest component is the Miomi-Dode School Boord, ot $l,0Zl for o medion volue property, ond $2,566 for on overoge volued property. The following toble provides exomples of chonges in properiy toxes for homesteoded properties using the odopied tox rotes ond potentiol chonges from 20.l3 volues. 143 FY 20,l 4/15 Adopted Work Plon ond Budget Messoge Poge A-28 lmpact on Hornesteaded Properties Assuming Chanqes in Taxable Value from Januaw 1,2014 FY 2013114 FY 2014115 with 1.5%CPl Median A\erage Median I A\,eraqe 2013 Preliminary Taxable Value $ 132,371 $ 317,086 $ 134,3s7 $ 321,U2 City of Miami Beach Operating Voted Debt Total Miami Beach Miami Dade County Schools Other $ 776 $ 1.8s9 aa 80 $ 778 $ 1,865 31 74 $ 809 $ 1,939 $ 809 $ 1.939 701 1,056 125 1,680 2,529 300 726 1,071 123 1,739 2,566 296 Tota s 2.691 $ 6.448 $ 2.729 $ 6.540 Chanqe in Taxes City of Miami Beach Operating Voted Debt Total Miami Beach Miami Dade County Schools Other 2$ $-$- 25 15 (2) 59 (4. Total s 38S 92 As with the City of Miomi Beoch milloge rotes, impocts of the combined iurisdictionol milloge rotes for non-homesteoded properties ore bosed on the individuol property volues. The City's onnuol copitol budget contoins copitol proiect commitments opproprioted for Fiscol Yeor (FY) 201 4/15lCopitol Budget). Preporotion of the Copitol Budgetoccurred simultoneouslywith the development of the FY 201 4/15 - FY 2018/19 Copitol lmprovement Progrom (ClP) ond FY 201 4/ 15 Operoting Budget. The Copitol Budget for FY 2014/15 totols $ZOS.S million ond is opproprioted on September 30, 2014. New bond issuonces ore onticipoted to finonce the Convention Center proiect including RDA, Resort Tox, ond Porking bonds. ln oddition, depending on cosh flow, Stormwoter ond Sewer bonds moy be issued in FY 20.l 4/15. Proiects will oddress mony needs in different oreos of the City including: neighborhood enhoncements such os londscoping, sidewolk restorotion; troffic colming; roodwoy ond bridge resurfocing ond reconstruction; woter, sewer, ond droinoge system improvements; pork construction, renovotion ond upgrodes; renovotion of seowolls; porking lot ond goroge renovotion, 144 FY 20,l 4/15 Adopted Work Plon ond Budget Messoge Poge A-29 construction/renovotion of public focilities; ond vehicle replocement. For o detoiled listing of oll copitol proiects, pleose refer to the Adopted FY 20.l4,/,l5-20,l8,/,l9 Copitol lmprovement Plon & FY 2O1 4/ 1 5 Cooitol Budoet document. ln FY 2005 /06, rhe City estoblished o finonciol gool of funding ot leost 5 percent of the Generol Fund operoting budget os tronsfers for copitol proiects ond copitol proiects contingency. The purpose of this gool wos multi-foceted: l. To provide flexibility in the operoting budget thot would ollow the budget to be reduced without impocting services during difficult economic times; 2. To ensure thot the City funded needed upkeep on our Generol Fund focilities, ond righto[ woy londscoping, lighting, etc. 3. To provide o mechonism to oddress odditionol scope of smoll new proiects prioritized by the community ond the Commission insteod of hoving to deloy these for o lorger Generol Obligotion Bond issue; ond 4. To provide contingency funding so thot proiects where bids were higher thon budgeted did not hove to be deloyed, especiolly during o heoted construction morket where deloys often leod to further increoses in costs. ln recent yeors this funding wos dromoticolly reduced due to funding constroints, ond ot the some time, reflecting declines in construction industry pricing in those yeors. The Adopted Work Plon ond Budget incorporotes olmost $4 million in copitol funding. This represents obout 1 .5 percent of the FY 20,l4/15 Generol Fund operoting budget. Enterprise Funds ore comprised of Sonitotion, Woter, Sewer, Stormwoter, Porking, ond Convention Center Deportments. The FY 2014/15 Enterprise Funds Budget is $'129.8 million. This represents on increose of $19.0 million 112 percent) from the FY 2013/14 budget of $.l60.8 million, primorily due to: . lncreoses in solory (3 percent COLA ond 0-2 percent Merit) ond heolth insuronce costs of 9 percent . An $8.2 mlllion increose in Stormwoter to support the strotegic plonning initiotive to oddress flooding ond seo-level rise over the next five yeors. This increose is supported by o monthly Stormwoter rote of $16.67 per Equivolent Residentiol Unit (ERU), whlch represents on increose for o residentiol customer ol $7.61 per month obove the FY 2013/14 omount of $q.OO per month. . A $5..l million increose in Sewer due to on increose of fees chorged by Miomi-Dode Woter ond Sewer Deportment (WASD) to treot the City's wostewoter, increose in scheduled debt service for outstonding debt, lower onnuol true-up from WASD, higher DERM fees, ond 145 FY 2014/ 1 5 Adopted Work Plon ond Budget Messoge Poge A-30 existing operoting deficit. This increose is supported by o monthly fee of $2.55 per thousond gollons, which represents on increose of $.l.21 per thousond gollons from the FY 2013/14 role of $6.34 per thousond gollons. Porking enhoncements totoling $.l.0 million to increose the cleonliness ond oppeoronce of the City porking goroges, implementotion of looding zone enforcement, creotion of o new Goroge Cleonliness lndex, ond implementotion of o new body comero progrom. Sonitotion enhoncements totoling $85.l ,000 to provide better service ot beochfront restrooms by odding ottendonts to the restrooms in Lummus Pork ond 2l't Street on weekends, holidoys, ond speciol events, support the "con on every corner" initiotive by odding more litter cons ocross the city, ond creoting o new Bothroom Cleonliness lndex to ossess the 64 public restrooms throughout the ciiy. Woter reflects o smoll rote increose of $0.02 to poss through the Miomi-Dode Couniy increose to wholesole rotes for the purchose of potoble woter. lnternol Service Funds ore comprised of the Centrol Services, Fleet Monogement, lnformotion Technology, Risk Monogement, Medicol & Dentol ond Property Monogement Divisions. The FY 2014/15 lnternol Service Fund budget is $78.4 million, or 3.97", more thon FY 20.l3/14. lnternol Service costs ore completely ollocoted to the Generol Fund ond Enterprise Fund deportments, ond the Risk Monogement Fund reimburses the Generol Fund for the cost of legol services. The FY 2014/15 ResortTox budget is $62.9 million, on increose of $2..l million or4 percentfrom FY 20,l3/14. This reflects the continued increose in resort tox revenues, consistent with other tourism indicotors throughout the County, but especiolly in Miomi Beoch. Highlights for FY 2014/15 include: . New enhoncement of $476,000 to support the initiotive to provide better service ot beochfront restrooms by odding ottendonts to the beochfront restrooms in Lummus Pork ond 2lst street on weekends, holidoys, ond speciol events. . New enhoncement of $200,000 to deploy interim lntelligent Tronsporotion System (lTS) solution for moior speciol events ond high impoct periods. . $34,084,000 (o $1,,l.l9,000 increose) is provided to the Generol Fund to support new ond continuing tourism eligible expenditures. New exomples include more prooctive code enforcement, cleonliness index, pork ronger progrom, homelessness ot Lummus Pork, ond hurricone ond disoster preporotion equipment, ond increosed support for the Miomi Beoch 146 a a FY 20.l 4/ 15 Adopted Work Plon ond Budget Messoge Poge A-31 Botonicol Gorden. Continuing expenditures include public sofety progroms such os oceon rescue, police services on Lincoln Rood, Oceon Drive/Lummus Pork, Collins Avenue, Woshington Avenue, ATV officers, Boordwolk security, speciol troffic enforcement ond speciol event stoffing; ond fire rescue units in tourist ond visitor oreos. The funding olso supports code complionce services to respond to evening entertoinment oreos ond provides for o portion of the operotionol costs of the Tourism ond Culturol Development. $3 million for enhoncing the outcomes from moior events such os Memoriol Doy, including monogement, Goodwill Ambossodors. The contribution to the greoter Miomi Convention ond Visitors Bureou remoins flot ot $5.4 million pending controct negotiotions expected to result in o performonce-bosed controct. The conkibution to the Miomi Beoch Visitor ond Convention Authority will increose from $2,289,000 to $2,410,000 bosed on the legisloted funding formulo. $123,000 is provided to continue the locol Miomi Beoch morketing compoign, to be motched with funds from the Greoter Miomi Convention ond Visitors Bureou, the Miomi Beoch Visitor ond Convention Authority, ond the Culturol Arts Council. lncluding $23,000 for the Woshington Avenue tourism enhoncement initiotive. $230,000 for holidoy decorotions. $.l00,000 for the sponsorship fee to help offset morketing ond odvertising expenses ossocioted with the Ms. USA or equivolent event Although the development of our budget this yeor hos been chollenging, through rigorous review ond good leodership, the Adopted Work Plon ond Budget for FY 2014/15 is bolonced ond enobles the City of Miomi Beoch to continue delivering outstonding, enhonced services to our residents, businesses ond visitors ond continuing structurol enhoncements to ensure the long-term sustoinobility of the City. The odopted milloge rote decreose of 0.0926 mills represents opproximotely holf of the remoining milloge rote reduction gool of 0.2079 ond does not result in o property tox increose to medion or overoge property owners thot quolify for the homesteod exemption ond the Sove Our Homes cop. The FY 2014/15 Budget includes service level enhoncements thot oddress high priority needs of the City os identified through the skotegic plonning process ond 20.l4 Community survey. I would like to thonk Moyor Philip Levine ond the Members of the Miomi Beoch City Commission for your continued guidonce, support ond leodership with the budget process ond in helping to occomplish so much on beholf of our residents ond for the entire Miomi Beoch community. I would olso like to thonk oll stoff from throughout the City who hove worked hord over the lost yeor to respond to chonges in priorities from the new City Commission. I would porticulorly like to thonk 147 FY 20.l 4/15 Adopted Work Plon ond Budget Messoge Poge A-32 my Assistont City Monogers, Chief Finonciol Officer, ond oll Deportment ond Division Directors. I oppreciote oll of us working together towords developing o bolonced budget thot will help improve our community. ln porticulor, I would like to recognize ond thonk John Woodruff, Budget Director; Mike Howord, Budget Officer; Tomeko Otto-Stewort, Budget Monoger; Georgette Doniels, Senior Budget Anolyst; Vonesso Loyne, Budget Anolyst; Froncis Fronces, Executive Office Associote; Dr. Leslie Rosenfeld, Chief Leorning Officer; ond Kotherine Gonzolez, Monogement Consultont. 148 ATTACHMENTS . TABLE OF CONTENTS ATTACHMENT A Adopted Positive lmpact or Minimal Service lmpact, Efficiencies, Etc. ATTACHMENT B Adopted Additions and Service Enhancements ATIACHMENT C PotentialAdditions and Service Enhancements NOT INCLUDED in Adopted Budget ATTACHMENT D FY 2014115 Confiscated Trust Fund Budget ATTACHMENT E FY 2014115 Citywide Work Plan 149 ATTACHMENT A ADOPTED MINIMAL SERVICE IMPACT, EFFICIENCIES, ETC. Position lmpacts lmpact rrumulauve Oept. lmDact ruil Time raI Time rfot, Vacant Filled Mgr. ar Admin Non Mot. titt .;, - .. : ,fisffixs#u , :tfii\ Reduce contractual television production costs of $120,000 by 50% by addino an in-house Media Soecialist position.s (60.000 s (60.000'1.0 .; ln FY 2010111a pilot program to reduce overtime in the Fire Suppression Civision raas approved. The aim of the program was to reduce overtime cn the weekends by hiring three (3) Fire Firefighter I's to work a vleekend cnly schedule. The salaries cost for these firefighters was to be offset by the reduction in overtime costs. Although funding for the salaries of these firefighters has been included in the department's approved budgel each year, the u,eekend program uas never implemented. Based on the structure of the union contract, the most senior and most costly firefighters r/lould have first option to the weekend schedule and ultimately creating more costs than savings. The department proposes utilizing the combined salades of the three firefighters to hire a Training Division Chief to oversee the training needs of the s\,orn staff. (see Aflachmenl R)q s (60.000 (3.0 (3.0 (3.0 Total General Funds s {60.000)l $ (60.000}l l2.o'0.0 (3.0'0.0 0.0 l.( mplement new service model for trades such as carpenters, electricians, nasons, painters, and plumbers. This is part ofan overall strategyto :mpou,er each department to control priorities in order to improve the evel of maintenance and condition of our facilities. ln the 2014 )ommunity Survey, residents rated the appearance and maintenance of he City's public buildings at 79 percent, a decrease from 87 percent in he 2O12 survey. The new model should provide greater flexibility and rotentially enhanced services for specialty uork wttile not resulting in any :mployees losing employment with the City. However, we will be educing the number of positions by tvr,enty-t\ /o with associated savings n equipment, materials, supplies, etc. ln addition, the new model rrovides greater flexibility by allowing each department to address their rvrr priorities, minimize delays, and avoid competing department nterests. The 17 employees affected bythe change (tvto positions are racant) will be placed in altemate positions within Public Works and the )arks and Recreation department. Furthennore, their current :ompensation and benefits vrould not be impacted. Any savings resulting 'rom this chanoe ralould be used to enhance services.$$(19.o',0.0 Q.0 17.0 0.0 (19.0' Total lnternal Services Funds $17.(o.o 150 lr 91. El: EI;oviqW El# EI 6 t:, EIi Io oo Eoa d co E oG o = a: o E o c6 c @ E ooc @5 cctcat .gcz .9 E e ? Toc a a a U zo oc @ .9Ioq o EoEGca5 i: ) Ea (c c .sIa a EIa ad t l"',t !) ( c a o '- o ca co E ooco ao o Eoo€ Co Eooo 6 ?o oC o 'E a co EoE6co5 zo o E @ .6 E 6dcd it D Z)] E !I !t s ! ;::t it.0:o a{ Et cC I! t F a.t a{ U,I 3 aI a C Eat g co Et(aoc !! EEF 8 Eou z .: E o! os€c e d E EL o Ei:Eo9 =oE-S p9 EO EE Es ?p Eg s6 .Ec .o;k-E5.H dq Ip o rt;.9DIanD' iEr! 99 2C =aDT i! !? =c BN D! i4 .EE =!co E eL c .9 .8c E Eoo EcE !co o EtU ocEa = B D E I cI o E E Eo Eo E G G EoxU o oC Fait 9- 9626t.E--E g3 3> 6o ooc9 =E 6()Eoot olI 66:E.eioeE:.9udz, !6L o Po .9! 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IE BeEE9:p" I 9de *6'o-E O B EF rgE : .E E €.[ E*c;'bnE3Et€r.BP- fiIEi gE-8j i6 0 !c L 9*i:Eitr Ei;- = l-atrJ Ot :E#i ig Bi:ooi oFzUEu(,zg zE U9 E oBi9u= =;o,<!aFEE8 c L oUFGo6 156 ATTACHMENT C POTENTIAL FY 2014115 ADDITIONS ANO SERVICE ENHANCEMENTS NOT ]NCLUDED ]N ADOPTED BUDGET Requests Total FT PT to the Elevator Safety Division to facilitate annual licensing and state requirements and provide administrative support to the Chief Elevator lnspector by adding one Office Associate V a higher level of customer service and improve position. This position would prepare and manage meeting notices, return "604-CITY calls, provide assistance to -in customers, handle incoming mail, maintain the Citys bulletin boards, pay invoices, answer telephones, and the flow of information extemally and intemally. resource with the Tourism, Culture, & Economic Development department. This position would provide customer assistance, results reports, media assistance, logging and archiving video, photo, media clips and project files, and internal controls by adding a Financial Analyst position to serve as an for the current cashier at Citv Hall in the Treasury section. 100% funded by Buildinq funds lmprove efficiency and management of assets and medical supplies inventory by adding a civilian Quartermaster position. This position was recommended by the Commission on Fire Accreditation lnternational (CFAI) in the annual report to develop a centralized inventory s)rstem to better track all assets and equipment. This position would free up the time of administrative Fire Captains and Resource Division Shift Captains would be freed up to icate more time for value-added activities. schedule and make repairs in a timely manner. fResfores one Mechanic position ellminated durlng the FY2008 Meet customer service expectations as they relate to tumaround times in the recruitment division by adding an Ofiice Associate lll position. The most labor-intensive and time consuming activities are associated with making telephone calls to veriry applicants' former employment histories and schedule pre-employment physicals and fingerprint capturing appointments. Of these three, the most demanding in terms of time and effort is the verification of employment. Former employers are reticent to provide information and have no vested interest in responding to our . Therefore, it falls upon the recruitment staff to call and call again. ln the meantime, hiring decisions remain unresolved. Most employed applicants are unwilling to give notice at their cunent jobs without a formal job offer from the City. Our due diligence responsibilities prevent us from making those offers until the pre-employment checks are complete. Additionally, the Human Resources Department has assumed Cityrvide responsibility for activities related to the assignment of temporary staffing agency personnel to different departments. is another labor-intensive. time consuminq function. process management and performance improvement by adding a Management Consultant position. would be a catalyst for streamlining, process improvements, improvement initiatives, and training workshop for 1,300 employees for a 'live' workshop to better understand how cultural context influences cultural communication, key elements of cross cultural communication and learn to respond effectively in spite of communication differences. required sessions do not directly address this topic, and skills learned will help improve internal and external City's Service Shopper Program supports our Customer Service standards by helping assess how well the ing its customers by evaluating seNice deliver at interface points. The goal of the program is to obtain data on customer service to achieve heightened customer service awareness, assist departments in staff training to improve customer service, evaluate results to improve customer service to meet public and expectations and assess how the City is serving customers at interface points. Assessments are during the regular work week from 9:00 a.m. to 5:00 p.m., with several afterhours and weekend as well. Outsourcing will eliminate the need to utilize city personnel to conduct these ongoing 157 ATTACHMENT C POTENTIAL FY 2014115 ADDITIONS AND SERVICE ENHANCEMENTS NOT !NCLUDED IN ADOPTED BUDGET Requests Total FT PT i mprove administration and planning of recreation operations and programming by adding two Program Coordinator )ositions. These positions would provide support needed by the Facility Managers to carry out existing programs at .he expected service levels, run facilities more eftlciently, and free up time to strategically plan and implement new rroornmmina 146.000 2.O 0.0 :xpedite and coordinate procurement related activities by adding a Procurement Liaison position. The position would rssure compliance with policies and regulations, perform contract management, and develop specifications and ;olicitations.60,000 1.0 0.0 :nhance the service level of contractual mowing and green space maintenance by increasing mowing frequency fron 12 to 36 cycles, increasing litter control, adding dune maintenance/clean up, and providing routine pressure cleaning.1,057,000 0.0 0.0 lnhance maintenance and quality of City parks and facilities by adding: annual sod replacement lor all athletic lields, rdditional gymnastics programming, laser grading of baseball and softball fields, additional playground equipment rnd repairs, annual resurfacing of fourcourts, additional and replacementof bike racks, and miscellaneous ]ouioment includinq a scissor lift.267,000 0.0 0.0 qddress increasing technology needs by adding an lnformation Tech Specialist lll position in the Technical Services )ivision. The new position would provide supervisory oversight to the existing four tech positions, address increasing nventory of laptops/desktops and technology needs, and allow for a direct point of contact to better coordinate the reeds of the department in lieu of contacting four individuals. lndustry standards recommend a ratio of 1 technician br every 86 laptops serviced for government organizations of 1,000 or more employees. The Police Department :unently has 380 deployed laptops being serviced by 3 technicians, a ratio ol 1:'113 technicians to laptops. Hiring an rdditional technician would adjust the ratio to 1:96, bringing it more in line with industry best practices.72,000 1.0 0.0 rrovide enhanced coordination of fleet management activities by adding a Fleet Specialist position. The new positior A,ould perform the following functions: develop and implement vehicle replacement programs; coordinate vehicle ructions, service, repairs, preventive maintenance, delivery, and training; research and evaluate vehicle and rquipment in support of law enforcement initiatives; monitor installations of AVL in vehicles; maintain vehicle nventory and maintenance logs; track and process toll violations for police vehicles; and process State license enewals for vehicles with private license tags. fRestores one Fleet Speciallst posftion eliminated during the FY2008 budqet process,52,000 1.0 0.0 Enhance records management unit by adding one Sergeant position. This position woulcl perform an andependent audit and consolidation of UCR coding; provide quality assurance of reports written via the NWS Field Base Reporting System; assist in the collection of accurate data sets for use in the COMPSTAT process; provide a swom conduit to the Operations Division for problem resolutions; and investigate and correct Field Base Reporting merge and content issues.146,000 1.0 0.0 Properly address workload levels in the records management unit by adding an Administrative Aide ll position and two Data Entry Clerk positions. The Administrative Aide ll position would assist with the workload associated with cublic records requests and Uniform Crime Reporting. The two Data Entry Clerks would free up Public Safety Specialists in the Operations Division from data entry duties to focus on duties such as School Crossing Guard Jetails, writing moving and parking citations, and responding to incidents for police reports and traffic crash reports. fRestores one Admlnistrative Aide and two Data Entry Clerk posltions eliminated during the FY2010 budget arocessl 132,000 3.0 0.0 Enhance training unit by adding one Sergeant position. This position would supervise the offacers and civilians assigned to the Training Section in the performance of their duties in training all personnel in the department and create a separation of duties between the two sergeants allowing for a permanent Range Master to: effectively supervise the Range Training Officer, manage the use of the departments driving and force simulators, supervise and manage all use of force training, develop the firearms training program, manage the Taser training program, and hidh liahilitu treinind nrodrams 146,000 1.0 0.0 Provide nightime coverage seven days per week on the watenrays of Miami Beach by creating a Marine Patrol Overnight unit consisting of one Sergeant and four Police Officer positions. The overnight unit would investigate suspicious vessels, thefts from waterfront properties, burglaries/thefts of vessels and personal watercrafts, enhanced serach and rescue abilities, enhanced Dive Team abilities and coverage.626,000 5.0 0.0 Expand current ATV coverage by adding two dedicated ATV squads consisting of two Sergeants and eight Police Officers. The two units would enhance current service levels on the beach and paved beach walk in the areas of South Pointe Park through 46th Street and help deter beach thefts, alcoholic nuisances, public intoxication, sex- related crimes, beach after-hours ordinance, and homeless issues.1,251 ,000 10.0 0.0 Enhance criminal investigations by adding a Public Salety Specialist poslton (non-sworn) to penorm the tollowng functions: retrieve, review, and determine evidentiary value of videos from areas crimes were committed; ensure proper video evidence recovery and chain of custody in support of other units; provide specialized experience of commercial and residential security camera installations, transfer of video evidence, and knowledge of video formats and associated technology. fRestores one Public Safety Specialist posftion eliminated during the FY2010 htrddet nraacssl 74.000 1.0 0.0 Enhance criminal investigations by adding a Sergeant and Detective position. The new positions would perform the following functions: Create a Career Offender/Fugitive Squad tasked with identifying career criminals and fugitives at- large in the city; effectively track, monitor, and investigate the 80 plus career criminals residing within the city limits and more than 600 active warants in the criminal system; and proactively investigate activity using crime analysis data, field interviews, and surveillances.216,000 2.O 0.0 158 ATTACHMENT C POTENTIAL FY 2014115 ADDTTIONS AND SERVICE ENHANCEMENTS NOT INCLUDED IN ADOPTED BUDGET driving by adding DUI details to staff six Costs include overtime and necessary training classes (Standard Field Sobriety Tests, Drug Recognition School, and lncrease capacity to process GIS requests, analyze spatial data, and automate GIS tasks by adding a GIS Analyst of six divisions and administrative functions bv addinq an Assistant Director funds for street and sidewalk maintenance based on re backlog, increase of public records requests, and support Home 9-'l-1 Records Custodian position in the Public Safety Center Unit. outreach to new and existinq businesses in the a business incubator at the Byron Cadye in North Beach. Recurring costs costs would be pro-rated for 6 months ($'145,000) following the build-out. The one-time costs of $145,000 the last year the department expanded with additional responsibilities, divisions, of Economic Development, the RDA, and Real Estate Office. An Assistant Depa(ment Director position would the efficiency and management of the departments responsibilities and new City initiatives being added. ln the Dosition would address succession planninO within the 430,000GrandTotal@l 159 ATTACHMENT C POTENTIAL FY 20141'15 ADDITIONS AND SERVICE ENHANCEMENTS NOT INCLUDED IN ADOPTED BUDGET Requests Total FT PT management office (PMO) to handle the implementation of all lT projects . fhe impact to the General Fund would ter preparedness by backing up City technology data/systems in an out of region data center. Thi would be phased in over three years. Year one would be $200,000 including a $40,000 one-time . The one-time charge is proposed to be funded from the lT Tech Fund. Year two would be $1 00K and year to the General Fund would be $1 to the General Fund would be insurance coverage to assist recovery in case ol a last ten years, the amount of coverage the City has purchased has ranged from $10 million to $25 million, in excess applicabledeductibles. DuringFY20l3ll4,theCityincreaseditswindstormcoveragefrom$'l0millionto$15 million. This enhancement would increase funds necessary to purchase an additional $5 million of named windstorm for a total of $20 million. ($330,000) Ihe to the General Fund would be Material Standards. The proposed standards would ensure that materials selected are compatible for the saltwater of Miami Beach to avoid accelerated deteoriation of components. Examples include the selection of for air conditioning systems, park benches, janitorial dispensers, signage, and fencing materials. The would improve the longevity of materials and reduce maintenance and replacement costs. (one-tirre to the General Fund would be property management suppon and a0mlnlstrallve servlces Dy aoolng an position. This position would address additional work load from addressing the backlog of capital renewal and projects in the areas of procurement, accounts payable, and general administrative support. TDe to the General Fund would be , and video of storm drainage box Expand marketing efforts to book the Convr different reward and promotional initiatives. funds for promotional items to support These items would be used in conjunction with advertising campaigns as 160 ATTACHMENT D Police Department Gonfiscations - Federal& State Funds FY 2014115 ADOPTED BUDGET FEDERAL FUNDS: Federal Funds - (603) STATE FUNDS: State Funds - (607) Total Federal & State Funds FY1 5 Request Orqanizational Development Travel & Off-site testinq 50,000 Trainino Suoolement to supplement LETTF 60.000 Crime Scene 3D Camera Svstem 90,000 Bulletoroof Vest Partnership 35,000 Graffiti eradication throuqh Teen Job Corp.25,000 Bodv Cameras 310,000 Gvm Equipment 10,000 Total Funds (603)580.000 Costs connected with the prosecution/processinq of forfeitures.20,000 Crime Prevention initiatives & School Liaison Proiects 30,000 AR Rifle Prooram/initiative- Citv's match for reimbursement of rifles at $500.15,000 15oh of State Funds collected in FY13 to be used for drug abuse treatment, drug anc crime orevention education and non-profit communitv based proqrams.19.000 PAL Boxino Prooram 47.000 VOCA Salarv Match 45,000 Iotal Funds (607)176,000 .T6"0-66- 161 n"g ZZa i a.oH = =tr t U.l0; tE =; P 5F;=B E*dI 3 Eo-oLoo-O()=L FzgYgilt=*lUn JJ (-)vl Old)x.Etr)-o=r ooo- (f)lr,@ ooo- rf)N@ ooo- @o ooooo, P s3 8 aaaaaaaa o a sEsEE@o@l- a to- L o, t !F ll tr (Etd.E .Yo=lu mgF '== =Eog .gp lll 6=>\o =oo 'E; 6,+. 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E 3L- AP d5 du.=t (6O(/) t o Fr, co -g-cOHo qdr:,YcogE'=) C E*E =<o s Y Eqrh99'* b e gE oE x< IIJ TJJ .g aEE=g; EEEEo o.!9 ()o<>u) 173 x ts al'tE &4IAMIBTACH CITYOFMIAMI BEACH NONCE OF PUBLIC HEABINGS NOTICE lS HEREBY given that Public Hearings will be held by the Mayor and City Commission of lhe Cify of Miami Bea*r, Florida, in the Commission Chambers, 3rd floor. City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Tuesday. Saptember 30, 2&14, to consider lhe following: 5:01 p.m. Adopt Final ,AdValorem Millage for General Operating Purposes A Resolution Adoptingi I ) The Final Ad Valorem Millage Of 5.7942 Mills For General Operating Purposes,Which lsThi*een And Four-Tenths Percent (13.4%) MoreThanThe "Rolled-Back" Rate Of 5.1076 Mills;,And 2)The Debr Service Millage Hate Of 0.2295 Mills For FiscalYear {FY} 2014/15. tnquiries may be directed to the Budget & Performance lmp rove ment Office at. 305.673^75fi , 5:{}1 p.m. Adopt Final Budgets For General, G.O., RDA. Enterprise, lnternal Service, And Special Revenue Funds A Resolution Adopting Final Budgets ForThe General, G.O. Debt Service, RDA Ad ValoremTaxes, Enlerprise, lnternal Service Funds, and Special Revenue Funds For Fiscal Year {FY} 2014115. lnquiries may be directed to the Budget & Performance lmprwement Of{i ce at 305. 673.7 5 1 0- 5:l!2 p.m. Adopt Final AdValorem Millage {or Normandy Shores Local Government A Resolution OfThe Board Of Direaors OfThe Normandy Shores Locai Government Neighborhood lmprovernenl District AdoptingThe Final Ad Valorem Millage Rare Of 1.1305 Mif ls For FiscalYear lFYl 2014115 ForThe Normandy Shqres Local Golrelnlnent District.Which ls One Percent {1%} LessThanThe "Rolled-Back" Rate Of 1.1391 Mills. lnquiries fiay be directed to the Budget & Performance lmprovement Office at 305.673.7510. 5:02 p,rn. Adopt Final Operating Budget For Normandy Shores Local Government A Resolution OfThe Board Of Direc{ors OfThe Normandy Shores Local Govemment Neighborhood lmprovement District AdoptingThe final Operating Budget For Fiscal Year {FY) 2014115. lnguiries may be direeted ta the Eudget & Performance lmprovement Offi ce at 30 5. 67 3.7 5 I 0. 5:S p.m. Adopt Final FY 2014115-2018/19 Capital lmprovement Plan & Capital Budget A Resolution Adopting The Final Capital lmprovement Plan For Fiseal Years {FY} 2014115-201&1S And AdoplingThe City Of Miarni Beach Final Capital Budget For (FY) 2A$/15. lnquiries may be directed to the Budget & Performance lmprovement Office at i45.673.7510. lnlerested parties are invited to appearut this meeting, or be represented by an agent, or to express their views in writing addressed to the Cily Commission, c/o the Cily Clerk, 1700 Convention C"nterDrive, 1st Floor, Ctry Hall, Miami Beach. Florida 33139. Copies of these ilem$ are available for public inspection during normal business hours in the City Clerk! Office, 1700 Convention Center Drive, lst Floor, City Hall, Miami Bea*r. Florida 33139.This meeting, or any item therein, may be continued, and under such circumstan6es, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Star., rh€ City hereby advises lhe public that if a person decides to appeal any decision made by the City Commission wilh respect to any matter considered at its meeting or its hearing, such person musl ensure that a verbatim record of the proceedings is made, whidr record includes lhe tesiimony and evidence upon whidl the appeal is to be based.This notice does not constitute consent bv the Ctiy for the introduction or admission of otherwise inadmissible cr irelevanl evidence. nor does it auihorize drallenges or appeals not olherwise allowed by law. To request this material in accessible format. sign language interpr€ters, information on access for persons with disabilities and/or arry accommodatign lo review any docoment or participale in any Cily-sponsored proceeding" please contact us five days in advance at 305.673.7411(voice) orTTY users may also call the Florida Relay Service al7 11. Rafael E. Granado, City Clerk City of Miami Beach o2E 174 COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE FINAL AD VALOREM MTLLAGE RATE OF 1.130s M|LLS FOR FTSCAL YEAR (FY) 2014115 FOR THE NORMANDY SHORES LOCAL GOVERNMENT DISTRICT, WHICH lS ONE PERCENT (1.0%) LESS THAN THE'ROLLED-BACK'RATE OF 1.1391 MILLS. lntended Outcome lncrease visibility of police; Maintain crime rates at or below national trends Supporting Data (Surveys, Environmental Scan, etc.): ln the 2014 Community Survey, both residents and businesses reported the following areas for the City to address in an effort to improve public safety:o Neighborhood safety during the day (Residents: 98%)o Neiohborhood safetv durino the eveninq/niqht (Residents: 88%) Item Summarv/Recommendation : The FY 2014115 proposed budget is $222,000. The proposed budget provides for continual 24-hour security and includes two line items which were requested and approved by the Normandy Shores Neighborhood District Homeowners' Association on July 11, 2014. These include $10,000 for security camera upgrades to the North Shore-Fairway entrance; and $10,000 for potential additional costs related to the securitygate project. The proposed budget is 1% ($3,000) lowerthan the FY 2013114 adopted budget. The proposed ad valorem millage recommended by the Administration is 1.1305 mills. This millage rate will fund the proposed budget for the district. This millage rate is 0.1382 mills (10.9%) lower than the FY 2013114 adopted millage of 1.2687. This tax levy would generate proceeds of $151,900 ($144,300 at 95%). The FY 2014115 proposed millage rate will require a majority vote. The rolled-back rate is the millage rate required to produce the same level of property tax revenue on FY2014115ascollectedinFY2O13l14. Therateiscalculatedasl.l39l,or0.l296millslessthanthe millage rate adopted for FY 2013114. The first public hearing on the District's tentative millage rate and budget for FY 2014115 was held on September 10,2014. The millage rate presented herein is that which was tentatively adopted at the end of the first ino held on that Financial lnformation : Source of Funds: Amount Account 1 2 OBP!Total Financia! lmpact Summary The July 1, 2014 Certification of Taxable Value from the Miami-Dade Property Appraiser reflects a 10.7 percent increase in property tax values from the July 1, 2013 tax roll certification. The proposed millage rate for the FY 2014115 budget results in property taxes of $151,900 in the Normandy Shores Neighborhood District Homeowner's Association ($144,300 at 95%). AGETTTBA nan R7B /& A/TIAMIBEACH sa76 ?'.3O'/{175 g MIAMIBEACH City of Miomi Beqch, 1700 Convention Center Drive, Miomi Beoch, Florido 33 139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: ADOPTING THE FINAL AD VALOREM MILLAGE RATE OF 1.1305 MILLS FOR FtscAL YEAR (FY) 2014t15 FOR THE NORMANDY SHORES LOCAL GOVERNMENT DTSTRTCT, WH|CH tS ONE PERCENT (1%) LESS THAN THE..ROLLED.BACK" RATE OF 1.1391 MILLS. ADM! NISTRATION RECOMMENDATION The Administration recommends that the Mayor and City Commission, acting in its capacity as the Board of Directors for the Normandy Shores Local Government Neighborhood lmprovement District, adopt the attached resolution which authorizes the City Manager to transmit the following information to the Miami-Dade County Property Appraiser: 1) The final adopted millage rate of the Normandy Shores Neighborhood lmprovement District for FY 2014115: General Operating 1 .1 305 mills (0.1 382 decrease from last year) 2) The final adopted millage rate of 1.1305 mills is 1% less than the "Rolled- Back" Rate of 1.1391 mills. The first public hearing on the tentative District millage rate and budget for FY 2014115 was held on September 10, 2014. The millage rate herein is that which was tentatively adopted at the end of the first public hearing on that day. BACKGROUND The Normandy Shores Local Government Neighborhood lmprovement District, a dependent taxing district of its principal, the City of Miami Beach, was established in 1994 to provide continual 24-hour security to this gated community; FY 2014115 represents its twenty-first year of operation. It was established by Ordinance 93-2881, and has the authority "to levy an ad-valorem tax on real and personal property of up to two mills, provided that no parcel of property will be Mayor Philip Levine and Members of City Jimmy L. Morales, City Manager September 30,2014 A RESOLUTION OF THE SHORES LOCAL GOVERN D OF DIRECTORS OF THE NORMANDY RHOOD IMPROVEMENT DISTRICT 176 FY 2014115 Normandy Shores Final Millage Rate September 30,2014 Page 2 of 3 assessed more than $500 annually for such improvements". During FY 1998/99 the amount of annual funding to be provided by the City and the dependent status of the District were issues discussed by the Finance and Citywide Projects Committee. A determination was reached that the City would fund 35% of the annual cost of the operation of the community gate guard. This cost will eventually be funded from the golf course operation of the Normandy Shores Golf Course. lt was further agreed that the City would continue to supplement the District at current levels until both issues were resolved. On August 29, 2002, the Administration met with the Normandy Shores Local Government Neighborhood lmprovement District representatives and agreed to eliminate the $500 cap on the highest valued home in the District. The enabling legislation was adopted by the Commission on September 25, 2002. This ensures that the City's contribution from the General Fund remains at35o/o of the operating budget of the District. PROCEDURE The operating millage and budget for this dependent special taxing district must be adopted in accordance with Florida Statutes. This procedure requires that this Resolution be considered immediately after the millage and budget of the principal taxing authority, i.e., City of Miami Beach. It also prescribes that a final millage be adopted first. This is accomplished by adopting a Resolution which states the percent increase or decrease over the "Rolled-back" rate, the percentage increase, and the millage rate be publicly announced before adoption of the millage resolution. Following this, another Resolution which adopts the final Normandy Shores District operating budget must be approved. (See accompanying District Budget Agenda item for details). ANALYSIS On July 1, 2014, the City received the 2013 Certification of Taxable Value from the Property Appraiser's Office stating that the taxable value for Normandy Shores is $134,363,196 which includes an increase of $91,358 in new construction, renovation, etc. The preliminary value represents an increase of $13,023,331 from the July 1,2013 Certification of taxable Value of $121,339,865 (10.7 percent) and an increase of 1 1 .5 percent over 2013's July 2013 value of $120,557,974. !t is important to note that the January 1,2013 tax roll for Normandy Shores decreased by almost $782,000 (0.6%) between the July 1, 2013 valuation and the July 1 ,2014, due to appeals, adjustments, etc. FY 2014115 Budget The current service level budget reflects budget increases or decreases necessary to provide the current level of services in the coming year. The FY 2014115 budget totals $222,000 and includes two line items which were requested and approved by the Normandy District Homeowners'Association on July 11,2014. These include $10,000 for security camera upgrades to the North Shore-Fainruay entrance; and $10,000 for potential additional costs associated with the new gate. The budget is 1% ($3,OOO1 lower than the FY 2013114 177 FY 2014115 Normandy Shores Final Millage Rate September 30,2014 Page 3 of 3 adopted budget. The ad valorem millage recommended by the Administration is 1.1305 mills. This millage rate will fund the current service level budget for the District. This millage rate is 0.1382 mills (10.9%) lower than the FY 2013114 adopted millage of 1.2687. This tax levy would generate proceeds of $151,900, which will be budgeted at95o/o, $144,300. The rolled-back rate is the millage rate required to produce the same level of property tax revenue on FY 2014115 as collected in FY 2013114. The rate is calculated as 1.1391, or 0.1296 mills less than the millage rate adopted for FY 2013114. The rolled-back millage rate tax levy would generate proceeds of $153,059. The difference between the current service level and rolled-back rate levy is $1,165. The adoption of the current service level millage of 1.1305 would require a majority vote of the Commission. Further, pursuant to State Statute, the City may elect to approve millage rates above the rolled-back rate up to the constitutional cap of 10 mills subject to the following votes by the Commission or referendum : . Option l: A majority of the approval of the Commission Millage is required to approve a millage up to 1 .1750 (equivalent to a 1.69% increase in Property Tax revenues). The 3.15o/o increase is the state per capita personal income gain for the prior calendar year. . Option ll: A two-thirds approval (5 of 7 votes) of the Commission is required to approve a millage up to 1.2925 (equivalent to a 10% increase in Property Tax revenues above Option l). . Option lll: A unanimous approval of the Commission or referendum is required to approve a millage above 1.2925 mills The proposed rate of 1.1305 requires a majority approval (4 of 7 votes) of the Commission. It must be noted that in accordance with State Statute, there is a 10 mill operating cap which cannot be exceeded without voter approval. Combining both millages from the dependent district (1.1305) and the principal taxing authority (6.0237) totals 7.1542 mills, which is 2.8458 mills less than the 10 millcap. The first public hearing on the tentative District millage rate and budget for FY 2014115 was held on September 10, 2014. The millage rate presented herein is that which was tentatively adopted at the end of the first public hearing on that day. CONCLUSION The City Commission, acting in its capacity as the Board of Directors of the District, should adopt the attached Resolution which establishes a final millage. JLM/JWe 178 RESOLUTION NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE FINAL AD VALOREM MTLLAGE OF 1.1305 M|LLS FOR FISCAL YEAR (FY201411s FOR THE NORMANDY SHORES LOCAL GOVERNMENT DISTRICT, WHICH IS oNE PERCENT (1.0%) LESS THAN THE "ROLLED-BACK" RATE OF 1.1391 MTLLS. WHEREAS, for the purpose of providing security services within the Normandy Shores neighborhood area, the Mayor and City Commission adopted Ordinance No. 93-2881 on October 20,1993,which authorized the creation of the NormandyShores Local Government Neighborhood lm;irOvement District (District); and WHEREAS, Section 200.065, Florida Statutes, specifies the method by which municipalities may fix the operating millage rate and adopt an annual budget for dependent taxing districts; and WHEREAS, the maximum millage that can be approved by a simple majority (4/7) vote is 1.1750; anything beyond that requires a 5/7th' vote; and WHEREAS, on July 23,2014, the City Commission, following duly noticed public hearing, adopted Resolution 2014-28675 which set the proposed operating millage rate for the District at 1.1305 mills for the purpose of providing security services within the District; and WHEREAS, accordingly, on September 1A,2014, pursuant to Section 200.065 of the Florida Statues, the City Commission, acting as the Board of Directors of the District, held its first duly noticed public hearing to consider the Tentative Ad Valorem Millage and Tentative Operating Budget (FY 2014115) for the District; and WHEREAS, accordingly, on September 30,2014, pursuant to Section 200.065 of the Florida Statues, the City Commission, acting as the Board of Directors of the District, held its second duly noticed public hearing to consider the Final Ad Valorem Millage and Final Operating Budget (FY 2014115) for the District; and NOW THEREFORE, BE IT DULY RESOLVED BY THE BOARD OF DIRECTORS OF THE NORMAN DY SHORES LOCAL GOVERN ME NT N EIGHBORHOOD IMPROVEM ENT DISTRICT, that, following a duly noticed public hearing on September 30, 2014, the Board herebyadopts the Final Operating Millage rate of 1.1305 mills for the District for FY 2014115, which is one percent (1 .OYo) less than the "Rolled-back" rate of 1 .1391 mills. PASSED and ADOPTED this 30th day of September 2014. ATTEST: Chairperson of the District APPROVED AS TO .FORM & LANGUAGE & FOR EXECUTIONSecretary to the District .-.---- ^ A -l_r.-!LU",L r-11-<k City AttomeY Date179 t4lAlll !$itD- l llqnttrmi{,Sgt, TCIAMIBT&CH CITY OF MIAMI BEACH NONCE OF PUBLIC HEABINGS NOTICE lS HERESY given that Public Hearings will be held by the Mayor and City Commission of th€ City of Miami Beach, Florida, in the Commission Chambers, 3rd floor. City Hall, 1700 Convention Center Drive. Miami Beach, Florida, on Tuesday, September 3Q 2Ot4, ta consider the fotiowing: 5:tl p.m, Adopt Final AdValorem Millage for General Operating Purposes A Resolution Adopting: l) The Final Ad Valorem Millage Of 5.7942 Mills For General Operating Purposes.Which lsThirteen And Four-Tenths Percent (13.4%) MoreThanThe "Rolled-Back" Rate Of 5.1076 Mills; And 2)The Debr Service Millage Bate Of 0.2295 Mills For FiscalYear (FY) 2014115. lnquiries may be dirccted to the Eudget & Performance I mp rove men t Of fice a t 305.673.75 I 0. 5:01 p.m. Adopt Final Budgets For General, G.O., RD& Enterprise, lnternal Service.And Special Revenue Funds A Fesolution Adopting Final Budgets ForThe General, G.O. Debt Service, ROAAd ValoremTaxes, Entergrise, lnternal Service Funds, and Special Revenue Funds For Fiscal Year tFy) 2014/15. lnquiries may be directed tothe Budget & Performance lmprovement Office at 3A5.673.751A- 5:(}2 p.m. Adopt Final AdValorem Millage for Normandy Shores Local Government A Resalution OfThe Board Of Directors OfThe Normandy Shores Local Government Neighborhood lmprovement District AdoptingThe Final Ad Valorem Millage Rare Of 1,1305 Mills For FiscalY€ar (FYJ 2firy15 ForThe Norryratrdy Shores Local Government Disirict,Which ls One Percent {1%) LessThanThe "Rolled-Back" Rate Of 1.1331 Mills. lnquiries may be directed to the Budget & Pedormance lmprovement Office at 305.673.75fi. 5:02 p,m, Adopt Final Operating Budget For Normandy Shores Local Governmenl A Resolution OlThe Board Of Directors OfThe Normandy Shores Local Govemment Neighborhood lmprovement District AdoptingThe Final Operating Budget For Fiscal Year (FY) 2014115. lnquiries may be directed to the Eudgei & Performance lmprovefient Office at 305.673^7510. 5:fi1 p.m. Adopt Final FY 2014/1 5-2018119 Capital lmprovement Plan & Capital Budget A Resolution Adopiing The Final Capital lmprovement Plan For Fiscal Years (FY) 2014i15-2018119 And AdoptingThe City Of Miami Beach Final Capital Budget For (FY) 2014115. lnquiries may be directed to the Budget & Performance lmprevement Office at 345.673.V510. lnterested parties are inyited to appearatthis meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convenlion Center Drive. lst Floor. City Hall, Miami Beach, Florida 33'139. Copies ofthese ltems are available for public inspection during normal business hours in th€ City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beactr, Florida 3313g.This meeting. or any item therein, may be continued, and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105. Fla. Stal.. lhe City hereby advises the public that if a person decides to appeal any decision made by the Ciry Commissior with respect 10 any matter considered at its meeting or its hearing, such person must ensure that a verbetim record ofthe proceedings is made, whictr record includes the testimony and evidence upon whidr the appeal is to be based.This notice does not consiitute aonsent by the City for the iotroduction or admission of otherwise inadmissible or irrelevant evidence. nor does it aulhorize drallenges or appeals no! othenaise allowed by lau To request this material in accessible format, sign language interpreters. information on access for persons with disabilities and/or arry accommodation to review any document or participate in any Cily-sponsored proceeding, please contacl us five days in advance at 305.673.741'1(voice) orTTY users may also call the Florida Relay Service ar 711. Rafael E. Granado, City Clerk City of Miami Beach s35 180 COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD DISTRICT ADOPTING THE FINAL OPERATING BUDGET FOR FISCAL YEAR (FY\ 201 4115. Kev lntended Outcome Supported: lncrease visibility of police; Maintain crime rates at or below national trends ;upporting Data (Surveys, Environmenta! Scan, etc.): ln the 2014 Community Survey, both residents and businesses reported the following areas for the City to address in an effort to improve public safety:o Neighborhood safety during the day (Residents: 98%) a ino the eveninq/niqht (Residents: 88% Item Summarv/Recommendation : The total expenditures to provide the operating budget to this district is $222,000 for FY 2014115. The City of Miami Beach General Fund is required to provide 35% of the total operating expenditures ($77,700), and the City has funded the 35% for each of the twenty years since the District was established. The amount provided by the General Fund for this purpose in FY 201 3114 was $78,750. The FY 2014115 budget is $222,000. This budget provides for continual 24-hour security and includes two line items which were requested and approved by the Normandy Shores Neighborhood District Homeowners'Association on July 11,2014. These include $10,000 for security camera upgrades to the North Shore-Fairway entrance; and $10,000 for potential additional costs related to the security gate project. The budget is 1% ($3,000) lower than the FY 2013114 adopted budget. Thefirst public hearing on the District's tentative millage rate and budgetfor FY 2014115 was held on September 10,2014. The City Commission adopted the tentative millage of 1.1305 and the operating budget for the district in the amount of $222,000. Financial lnformation : AGENDA nen fl78 Z ,or, ?-30-/y Source of Funds: Amount Account 1 $ 144,300 Normandy Shores District 2 77,700 General Fund OBPI Total $ 222,000 Financiat Impact Summary The FY 2014115 General Fund portion of funding totals $77,700, which is $1.050 less than the FY 2013114 amount of $78,750. ($ MtrAMIBEACH 181 g MIAMIBEACH City of Miqmi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM Mayor Philip Levine and Members the City C Jimmy L. Morales, City Manager DATE: September30,2014 SUBJECT: A RESOLUTION OF THE OF BOARD OF DIRECTORS OF THE NORMANDY NEIGHBORHOOD IMPROVEMENT DISTRICTSHORES LOCAL GOVERNM ADOPTING THE FINAL OPERA BUDGET FOR FTSCAL YEAR (FYI2014115. ADMIN ISTRATION RECOMMEN DATION Adopt the Resolution which establishes the final operating budget for the Normandy Shores Local Government Neighborhood lmprovement District for FY 2014115 in the amount of $222,000. BACKGROUND The Normandy Shores Local Government Neighborhood lmprovement District (the District), a dependent taxing district of its principal, the City of Miami Beach, was established in 1994 to provide continual 24-hoursecurityto this gated community;FY 2014115 represents its twenty-first year of operation. The Districtwas established by Ordinance 93-2881, and has the authority"to levyan ad-valorem tax on real and personal property of up to two mills, provided that no parcel of property will be assessed more than $500 annually for such improvements". During FY 1998/99 the amount of annual funding to be provided by the City and the dependent status of the District were issues discussed by the Finance and Citywide Projects Committee. A determination was reached that the City would fund 35% of the annual cost of the operation of the community gate guard. This cost will eventually be funded from the golf course operation of the Normandy Shores Golf Course. lt was further agreed that the City would continue to supplement the District at current levels until the Golf Course assumes this cost. On August 29,2002, the Administration met with the Normandy Shores Local Government Neighborhood lmprovement District representatives and agreed to eliminate the $500 cap on the highest valued home in the District. The enabling legislation was adopted bythe Commission on September25,2002. This ensures thatthe City's contribution from the General Fund remains at 35o/o of the operating budget of the District. PROCEDURE The operating millage and budget for this dependent special taxing district must be adopted in accordance with Florida Statutes. This procedure requires that this Resolution be considered immediately after the final millage for Normandy Shores District has been adopted (See accompanying District Millage Agenda ltem for details). TO: FROM: 182 FY 2014115 Normandy Shores Final Budget September 30,2014 Page 2 of 2 ANALYSIS The total operating expenditures to provide the proposed budget to this district is $222,000 for FY 2014115. The City of Miami Beach General Fund is required to provide 35% of the total operating expenditures ($77,700), and the City has funded the 35% for each of the twenty years since the District was established. The amount provided by the General Fund for this purpose in FY 2013114 was $78,750. The $222,000 budget inFY 2014/15 includes two line items which were requested and approved by the Normandy District Homeowners'Association on July 1 1,2014. These include $10,000 for security camera upgrades to the North Shore-Fairway entrance; and $10,000 for potential additional costs associated with the new gate. The budget is 1% ($3,000) lower than the FY 2013114 adopted budget. The $77,700 impact to the General Fund from the FY 2014115 proposed budget is $1,050 less than the FY 2013114 adopted budget impact of $78,750. To provide the current level of security required by this district, the Administration recommends the proposed ad valorem millage of 1.1305 mills. This tax levy will generate proceeds of $153,059. The decrease of 0.1382 mills from the prior year millage represents an annual decrease of $44.48 to the City averag e 2014 homesteaded property of $321,842 taxable value, a total of approximately $534 per year. On September 10, 2014, the Mayor and City Commission adopted the tentative operating budget for the District in the amount of $222,Q00 and the operating millage rate of 1.1305. The final operating budget for the District is as follows: Revenues Ad Valorem Tax $ 144,300 City's General Fund 77.700Total $ 222,000 Expenses Security Service $ 173,000Maintenance 29,000 Gate & Security Cameras 20.000Total $ 222,000 CONCLUSlON The City Commission, acting in its capacity as the Board of Directors of the Normandy Shores Local Government Neighborhood lmprovement District, should adopt the attached Resolution which establishes a final FY 2014115 operating budget of $222,000. LM/JW @ 183 RESOLUTION NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE FTNAL OPERATING BUDGET FOR FISCAL YEAR (FYl2o14t15. WHEREAS, for the purpose of providing security services within the Normandy Shores neighborhood area, the Mayor and City Commission adopted Ordinance No. 93- 2881 on October 20, 1993, which authorized the creation of the Normandy Shores Local Government Neighborhood lmprovement District (District); and WHEREAS for the purpose of providing security services within the District, a final budget has been developed to fund projected FY 2014115 operating expenses; and WHEREAS, accordingly, on September 10, 2014, pursuant to Section 200.065 of the Florida Statues, the City Commission, acting as the Board of Directors of the District, held its first duly noticed public hearing to consider the Tentative Ad Valorem Millage and Tentative Operating Budget (FY 2014115) for the District; and WHEREAS, accordingly, on September 30,2014, pursuant to Section 200.065 of the Florida Statues, the City Commission, acting as the Board of Directors of the District, held its second duly noticed public hearing to consider the Final Ad Valorem Millage and Final Operating Budget (FY 2014115) for the District. NOW, THEREFORE, BE IT DULY RESOLVED BY THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NETGHBORHOOD IMPROVEMENT DISTRICT, that, following a duly noticed public hearing on September 30, 2014, the Board hereby adopts the final operating budget for the Districtfor FY 2014115 as summarized and listed below:. PASSED and ADOPTED this 30th day of September,2014. Revenues Ad Valorem Tax City's General Fund Total Expenses Security Service Maintenance Gate & Security Cameras Total $ 144,300 77.700 $ 222,000 $ 173,000 29,000 20.000 $ 222,000 Chairperson of the District , A,PPROVED ASTO -FORM & IANGUAGE ATTEST: Secretary to the District City Attorney184 x lllAxl !iER4. D- I " l4iimjHgi{q:ggm &AIAMIBTACH CITYOFMIAMI BEACH NONCE OF PUBLIC HEABINGS NOTICE lS HEBEBY given that Public Hearings will be held by the Mayor and Ciry Commission of ihe Ciry of Miami Bea*, Florida, in the Commission Chambers. 3rd floor. City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Tuesday. September 3Q 2{X4 lo considerthe following: 5:Ol p.m. Adopt Final AdValorem Millage for General Operating Purposes A Resolution Adopring: 1)The Final Ad Valorem Millage Of 5.7942 Milis For General Operaling Purposes,Which lsThirteen And Four-Tenths Percent {13.4%} MoreThanThe "Rolled-Back" Rate Of 5.'1076 Mills; And 2)The Debt Service MillagB Bate Of 0.2295 Mills For FiscalYear {FY} 2014/15. lnquiries may be directed ta the Bodget & Pertormance lmprovement Offrce at i05.67i.7510. 5:Ol p.m. Adopr Final Budgets For General, G.0.- RDA" Enterprise. lnternal Service.,{nd Speeial Revenue Funds A Resolution Adopting Final Budgets ForThe General, G.O. Debt Service, RDAAd ValoremTaxes, Enlerprise, lnternal Service Funds, and Special Revenue Funds For Fiscal Year iFYl 2014/15. lnquiries may be directed to the Eudget & Perfarmance lmprovement Off i ce at 3A5. 673.7 5 I o. 5:02 p.m. Adopt FinalAdValorem Millage for Normandy Shores Local Government A Resolution OfThe Board Of Directors OfThe Normandy Shores Local Government Neighborhood lmprovemerd District AdoplingThe Final Ad Valorem Millage Bare Of 1.1305 Mills For FiscalYear lfYl 291415 FqrThe Normandy Shores Local Goyelnment District,Which ls One Percent {1%) LessThanThe "Rolled-Back" Rale Of 1.13Si Mills. lnquiries may be directed to the Budget & Peiormance lmprovemenr Office at 305.673.7510. 5:02 p,rn, Adopt Final Operating Budget For Normandy Shores Local Governmenl A Resolutian OfThe Board Of Directors Of The Normandy Shoras Local Govemment Neighborhoad lmprovement District AdoptingThe Final Operating Budget For Fiscal Year (FY) 2014115.lnquiries may be directed ta the Eudget & Performance lmprovement Offi ce at 305.673.7 5 I 0. 5:B p,rn. .Adopt Final FY20'14/15-2018/19 Capital lmprovement Pl6n & Capital Budget A Eesolution Adopting The Final Capital lmprovement Plan For Fiscal Years {FY) 2014i15-20191S And AdoptingThe Ciry Of Miami Beach Final Capital Budget For {FY) 2014115. Inquiries may be dirccted to the Budget & Performance lmpravement Office at 345.673.7510. lnterested parties are invited to appearatthis meeting, or be represented by an agent. or to express their views in writing addressed to the Cily Commission, c/o the City Clerk,1700 Conveniion Center Drive, lst Floor, City Hall. Miami Beach. Florida 33139, Copies of these ilems are available for public inspectiolduring normal business hours in rhe City Clerk's Qffice, 1700 Convention Center Drive, lst Floor, City Hall, Miami Beact. Florida 33139.This m*ting, or any ilem iherein, may be continued, and under such circumstan.es, additional legal notice need not be provided. Pursuant to Section 286.0105, Fla. Stat.. the City h€reby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeling or its hearing, such person must ensure that a verbatim record ofthe proceedings is made. which record includes the testimony and evidence upon which lhe appeal is to be based-This not;ce does not constitute consent by lhe City for the inlroduction or adrnission of otherwise inadmissible or irrelevant evidence, nor does it ailthorize challenges or appeals not otherwise allowed by law. 'Ib requesl this material in accessible format, sign language interpreters, information on access lor persons with disabilities andor any accommodation lo review any document or parlicipale in any Cily-sponsored proceeding. please contacl us five days in advance at 305.673.7411{voice} orTTY users may also call the Florida Relay Service at 711. Bafael E. Granado, City Clerk City of Miami geach s35 185 THIS PAGE INTENTIONALLY LEFT BLANK 186 lntended Outcome Su Ensure Value and Timely Delivery of Quality Capital Projects, lmprove Storm Drainage Citywide, and Maintain City's lnfrastructure Supporting Data (Surveys, Environmenta! Scan, etc.): Based on the 2014 Community Survey, storm drainage was identified as an area for improvement, although improved from prior years; arts and culture was one of the services identified that the city should strive not to reduce; and traffic flow, conditions of roads, and availability of public parking, were all identified as key drivers of overall satisfaction levels. Further, the following have been prioritized as key intended outcomes for the City's Strategic Plan: Ensure reliable stormwater management and resiliency against flooding by implementing select short and long- term solutions including addressing sea level rise, ensure comprehensive mobility addressing all modes throughout the city, build and maintain priority infrastructure with full accountability, and enhance pedestrian safety universally. The FY 2014115 Capital Budget and the Capital lmprovement Plan for FY 2O18119 includes to address each of these COMMISSION ITEM SUMMARY Gondensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FINAL CAPITAL IMPROVEMENT PLAN FOR FY 2014fi5 _2018/19;AND ADOPTING THE CITY OF MIAMI BEACH FINAL CAPITAL BUDGET FOR FISCAL YEAR (FY\2014115 ,r.ro R 7 C Item Summarv/Recommendation : The FY 2O14115 - FY 2018119 CIP for the City of Miami Beach is a five year plan for public improvements and capital expenditures by the City. This document is an official statement of public policy regarding long- range physical development in the City of Miami Beach. The Capital lmprovement Plan has been updated to include projects that will be active during FY 2014115 through 20'18119. The Plan has been updated to include additionalfunding sources that have become available, changes in project timing, and other adjustments to ongoing projects as they have become better defined. Certain adjustments have been made to reflect projects that have been reconfigured, re-titled, combined with or separated from other projects and/or project groupings. These adjustments have no fiscal or cash impact and are as a result of a comprehensive review of the program to insure that our plan accurately reflects all project budgets, funding sources and commitments. The Plan also contains information on appropriations prior to FY 2014115 for ongoing/active projects, as well as potential future appropriations beyond FY 2018119. The FY 2014115 Capital Budget presents project budgets for both the current and new capital projects necessary to improve, enhance and maintain public facilities and infrastructure to meet the service demands of residents and visitors to the City of Miami Beach. The Capital Budget for FY 20'14115 appropriates funding for projects that will require commitment of funds during the upcoming fiscal year, including construction contracts and architecUengineer contracts to be awarded during the year. On July 16,2014 and August 29,2014, the Proposed Capital Budget and updated CIP was discussed at the meetings of the Finance and Cibnryide Projects Committee and adjustments were made to the funding Financial lnformation: Source of Funds: Amount Account 1 $727.885.000 Various - See aftachment A of Resolution FY 2014115 OBPI Total Financia! lmpact Summary: The FY 2014115 Capital Budget totals $727,885,000, of which $627,050,000 is for Convention Center-related projects. Net of the RDA Garage and Proposed Future RDA Bonds appropriations of $312,769,000, the FY 2014115 capital budget is $415,116,000; {g MIAAAIBTACH DATE187 g MIAMI BEACH City of Miomi Beoch, 1700 Convention Cenler Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FRoM: Jimmy L. Morales, City Manager DATE: September30,2Ol4 the City SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAM! BEAGH, FLORIDA, ADOPTING THE FINAL CAPITAL IMPROVEMENT PLAN FOR FTSCAL YEARS (FyI2014t15 -2018119 AND ADOPTING THE CITY oF M!AM! BEACH FINAL CAPITAL BUDGET FOR (FY) 2014115 ADMINISTRATION RECOMM EN DATION Adopt the Resolution adopting the Final Capital lmprovement Plan for FY 2014115 -2018119 and adopting the Final Capital Budget for FY 2014115. BACKGROUND Planning for capital improvements is an ongoing process; as needs change within the City, capital programs and priorities must be adjusted. The Capital lmprovement Plan ("ClP") serves as the primary planning tool for systematically identifying, prioritizing and assigning funds to critical City capital development, improvements and associated needs. The City's capital improvement plan process begins in the Spring when alldepartments are asked to prepare capital improvement updates and requests on the department's ongoing and proposed capital projects. lndividual departments prepare submittals identifying potential funding sources and requesting commitment of funds for their respective projects. ln the spring of 2006, the City created a Capital Budget Process Committee comprised of the Capital lmprovements Office, Department of Public Works, Planning Department, Fire Department, Parks and Recreation Department, Parking Department, and Fleet Management Department, together with the Finance Department and the Office of Budget and Performance lmprovement. The Committee is responsible for reviewing and prioritizing new capital projects that will be funded in a given fiscal year, and for recommendation of funding allocations from authorized sources for the prioritized projects. The Committee developed and implemented a structured committee process for developmentof the Capital Plan and Budget, including review criteria projects must meet in order to be considered for funding. Under the Capital Budget Process Committee process, departments submit proposed new project requests which staff reviews. Then, there is a sign-off by impacted departments, and a preliminary prioritization of the projects. The process is reviewed and refined annually by the Committee. Based on the direction received from the Finance and Citylide Projects Committee in February 2008, the process was modified to allow for early input to the prioritization process by the Commission, subject to the availability of funds. Under the revised process, a preliminary list of unfunded projects is presented to the Commission or the Finance and 188 Resolution Adopting The FY 2014115 Final Capital Budget and FY 2014115 - 2018119 Final CIP September 30,2014 Page 2 Citywide Projects Committee, providing the opportunity for input and prioritization. This is consistent with the process for Commission input regarding operating budget priorities and the format used is similar to that used to seek guidance on operating budget priorities in prior years. The Capital Budget is adopted at the second budget hearing in September. COMMITTEE REVIEW On July 16, 2014, capital funding priorities were discussed a meeting of the Finance and Citywide Projects Committee. The City Manager, Assistant City Managers, the Capital lmprovement Project Office Director, other Department Directors, and other City staff were available to discuss specific projects and respond to the Committee's questions. Per the direction of the Finance and Citywide Projects Committee at their July 16,2014 meeting, the following changes were made: Renewal & Replacement Fund . Added the Police Station HVAC Ductwork Cleaning ($30,000); the North Shore Youth Center HVAC Ductwork Cleaning ($30,000); and the Normandy lsle Park and Pool Exterior Waterproofing & Painting ($30,000). o Removed the Bass Museum Heat Pump replacement and included it in the sixth amendment to the FY14 Capital budget to be funded from City Center RDA funds. (-$180,000). o Removed the Historic City Hall Court Room Carpet Replacement, as it is not included in the lease agreement as the City's responsibility. (-$40,000). Pav As You Go (PAYGO) o Transferred the Byron Carlyle Renovation project to the North Beach QOL Fund (-$145,000). . Transferred the Allison Park Redesign project to the North Beach QOL Fund (- $235,000). o Pro-rated the costs of the Standardized Park Bench, Tables; and Trash Receptacle Replacements between PAYGO, SB-QOL, MB-QOL, and NB-QOL. o Added $200,000 for the Sunset I & ll Entrance project. o Added $200,000 for the Muss Park project. . Deleted $145,000 of funding in PAYGO for North Beach City HallAnnex South Pointe Capital. Added $50,000 to the South Pointe Drive Median Planters project. PTP-Half Cent Transit Surtax - Countv o Added a project for Sidewalk Assessment Survey ($75,000) offset by a reduction of the Sidewalk Repairs Citywide from $300,000 to $225,000 189 Resolution Adopting The FY 2O14115 Final Capital Budget and FY 2014115 -2018119 Final CIP September 30,2014 Page 3 Local Option Gas Tax Fund . Cnanged the FY15 project name from"Traffic Circte at 4lh St & Meridian" to "Traffic Circle- 22nd Street and Park Avenue (Collins Park Circle)". Qualitv of Life - North Beach o Added $400,000 for Domino Park in North Beach Capital Proiects Not Financed bv Bonds o Added a project for Second Floor Renovation-Building Department ($450,000). Funds will be transferred from the Building Training & Tech Fund to cover the cost of this project. . Added $315,000 to the South Pointe Park Remediation project. Funds recently received from the County for reimbursement for a broken pipe in the park. Per the direction of the Finance and Citywide Projects Committee at their August 29, 2014 meeting, the following changes were made: Pav As You Go (PAYGO) o Removed $200,000 from Muss Park project added at last meeting . Added $50,000 for Biscayne Point Entry project Qualitv of Life - North Beach o Added $1,050,000 for Muss Park project Following the adoption of the Tentative FY 2014115 Capital Budgeton September 10, 2014, the following changes were made to reflect updated Convention Center financing and two projects left out of the Proposed Capital Budget: Water and Sewer Enterprise Fund o Added $150,000 for Public Works Operations Exterior Restoration Parkinq Operations Fund o Added $50,000 for Customer Service Center Build-Out Citv Center RDA Capital o Changed funding source of the Bass Museum lnterior Space Expansion project from the City Center RDA Fund to the Future Proposed RDA Bond Fund . Changed funding source of the Lincoln Road Washington Av to Lenox Ave Expansion project from the City Center RDA Fund to the Future Proposed RDA Bond Fund Non-TlF RDA Fund . Reduced re-payment of $14 million to $12.3 million and changed re-payment funding source from Proposed Future RDA Bonds and Proposed Future 1% Resort Tax Bond Fund to Miami-Dade County GO Bond Fund o Added $600,000 for the Convention Center Hotel project 190 Resolution Adopting The FY 2014115 Final Capital Budget and FY 2014115 -2018119 Final CIP September 30,2014 Page 4 Miami-Dade Countu GO Bond Fund . Added $12.3 million for re-payment to Non-TlF RDA Fund o Reduced $12.3 million for Convention Center lmprovement project Proposed Future 1% Resort Tax Bond Fund . Removed re-payment to Non-TlF RDA Fund of $6 million and increased Convention Center lmprovement project by $0 million Proposed Future RDA Bond Fund o Removed re-payment to Non-TlF RDA Fund of $7.9 million and increased Convention Center lmprovement project by $7.9 million o Funding of $10 million for the Lincoln Road Washington Ave to Lenox Ave Expansion project was moved up from FY 2015fi6 to FY 2014115 o Funding of $10 million for the Convention Center Lincoln Road Connectors project was moved up from Future Years to FY 2014115 FY 2014/15 CAPITAL BUDGET AND FY 2014/15 - FY2O18/19 CAPITAL IMPROVEMENT PLAN Beginning inFY 2012, Capital Renewaland Replacement projects are included as projects in the Capital Budget and ClP. These projects provide for renewal and replacement of capitalitems related to ourfacilities and infrastructure overand above routine maintenance; and are funded by a dedicated millage for renewal and replacement funding to be used for capital projects that extend the useful life of the City's General Fund assets. ln prior years, these projects were appropriated by a separate authorizing resolution of the Commission. Beginning in FY 2011112, these are now incorporated into the capital budget and CIP document and appropriated at the same time as the rest of the capital budget. The current dedicated millage of 0.1083 mills (as of FY 2014115) is projected to generate $2,1 80,000 for the General Fund Capital Renewal and Replacement Fund based on the July 1't property values. Along with an additional $21 ,000 available in fund balance, this results in $2,201,000 available forfunding FY 2014115 General Fund renewal and replacement projects. Renewal and replacement projects for facilities that are not supported by the General Fund are funded from available cash balances in the respective lnternal Service or Enterprise Funds, e.g. Fleet, Sanitation, Property Management, Water, Sewer, Stormwater, Parking, and Convention Center. City Center Redevelopment Area (RDA) projects are funded through the City Center RDA budget. The proposed Sanitation renewal and replacement projects for FY2014115 total $375,000. Fleet Management FY 2014t15 renewal and replacement projects total $50,000. The proposed Water & Sewer renewal and replacement project totals $150,000. The RDA Garage Fund, which is separate because it is not part of the Tax increment funding of the RDA, has FY 2014115 renewal and replacement needs totaling $650,000. The Capital Budget also reflects $4.9 million in General Fund Vehicle Equipment Replacement. 191 Resolution Adopting The FY 2014115 Final Capital Budget and FY 2014115 - 2018119 Final CIP September 30,2014 Page 5 ANALYSIS Gapital lmprovement Plan The FY 2014115 - FY 2018119 CIP for the City of Miami Beach is a five-year plan for public improvements and capital expenditures by the City. This document is an official statement of public policy regarding long-range physical development in the City of Miami Beach. The Capital lmprovement Plan has been updated to include projects thatwill be active during FY 201 4115 through 20181 19. The Plan has been updated to include additional funding sources that have become available, changes in project timing, and other adjustments to ongoing projects as they have become better defined. Certain adjustments have been made to reflect projects that have been reconfigured, re-titled, combined with or separated from other projects and/or project groupings. These adjustments have no fiscal or cash impact and are as a result of a comprehensive review of the program to insure that our plan accurately reflects all project budgets, funding sources and commitments. The Plan also contains information on appropriations priorto FY 2014115 forongoing/active projects, as wellas potentialfuture appropriations beyond FY 2018/19. ln conjunction with the development of the FY 2014115 Capital Budget and ClP, the City began to develop a list of potential projects that may be funded in the future, including projects that have been approved as part of a plan but not yet sequenced or approved for funding. Over time, it is anticipated that this list will be expanded. Financings A number of capital flnancing transactions are reflected in the Capital lmprovement Plan including: General Obligation Bonds, Stormwater Revenue Bonds, Water and Sewer Revenue Bonds, Gulf Breeze Loans and an Equipment Loan. ln 1995, the City issued $59 million in Waterand Sewer Revenue Bonds. ln 1997, the City paid $15 million for the 1996 authorized General Obligation Bonds to construct, renovate and rebuild parks and recreation facilities within the City's park system. ln 2000, the City issued the initial $30,000,000 of the authorized $92,000,000 1999 General Obligation Bond. These funds were issued to expand, renovate and improve fire stations and related facilities; improve recreation and maintenance facilities for parks and beaches; and improve neighborhood infrastructure. ln 2000, the City also issued $54,310,000 in Water and Sewer Bonds and $52,170,000 in Stormwater Revenue Bonds. ln addition, the City was granted a $4 million Section 108 U.S. Housing and Urban Development Loan for improvements to neighborhood streets, North Shore Park and Youth Center. ln 2001, the City executed loan agreements with the City of Gulf Breeze, Florida, providing $15 million for the renovation and improvement of two City owned golf courses and their related facilities. The City issued the remaining $62,465,000 of the referendum approved $92 million General Obligation bonds in July 2003 for improving neighborhood infrastructure in the City. 192 Resolution Adopting The FY 2014115 Final Capital Budget and FY 2014115 - 2018119 Final CIP September 30,2014 Page 6 Based on current project schedules, additional water and sewer, and stormwater financing, previously anticipated for FY 2007108 are now financed over a series of years. The FY 2007lOB Capital Budgetand CIP anticipated $47.8 million in newwaterand sewerfinancing and $79.7 million in newstormwaterfinancing. ln 2006 and 2010, the Cityexecuted loan agreements with the City of Gulf Breeze, Florida, providing an additional$24 million and $30 million for water and sewer projects, respectively. ln FY 2008/09, a line of credit was issued and was being used to fund projects in advance of issuing water and sewer and storm water bonds. Under this approach, the City uses the line of credit in order to have the necessary funding capacityto enter into new projects. This also allows the City more time to both build the necessary rate capacity to issue additional tax-exempt bonds through rate increases and also spend down the current committed but unspent bond proceeds. This phased approach provides the City with more time to refine the cost estimates for projects planned to be in construction prior to issuance of bonds. ln FY 2011112, approximately $50 million in stormwater bonds were issued replacing funding for projects previously funded by the line of credit. New bond issuances are anticipated in FY 2014115 to finance the Convention Center project including RDA, Resort Tax 1o/o, ?nd Parking bonds. ln addition, depending on cash flow, Stormwater and Sewer bonds may be issued in FY 2014/15. Historically there has been a phased approach for the issuance of water, sewer and stormwater financing. Under this approach, the City has accessed a line of credit to allow the City to have the necessary funding capacity to enter into new projects, while allowing the City more time to both build the necessary rate capacity to issue additional tax-exempt bonds through rate increases and also spend down the current committed but unspent bond proceeds. The Stormwater Master Plan provides comprehensive recommendations for improving the City's stormwater management system performance for the next 20 years. Consideration has been given to potential sea-level rise, water quality of Biscayne Bay, and operations/maintenance of an expanded system. The Stormwater Master Plan's capital improvements allow the City's stormwater systems to be flexible and adaptable in meeting the increasing flood control level of service performance targets and regulatory demands. The Stormwater Master Plan estimates$272 Million (including soft costs and contingency) in required funding over the next 5 years, and another $19 Million in the future. The FY 2014115 budget includes projects totaling $51,876,000 to be funded from future stormwater bonds. The Water and Sewer Master Plan estimates $45.8 Million (including soft costs and contingency) in required funding over the next 5 years, and another $2.9 Million in the future. The FY 2014115 budget includes projects totaling $14,476,000 to be funded from future water and sewer bonds. FY 2014115 Capital Budget The City's annual capital budget contains capital project commitments recommended for appropriation for FY 2014115 (Capital Budget) totaling $727.9 million. Preparation of the Capital Budgetoccurred simultaneouslywith the developmentof the FY 2014115-2018119 CIP and FY 2014115 operating budget. 193 Resolution Adopting The FY 2014115 Final Capital Budget and FY 2014115 - 2018119 Final CIP September 30,2014 Page 7 The Capital Budget presents project budgets for both the current and new capital pQects necessary to improve, enhance and maintain public facilities and infrastructure to meet the service demands of residents and visitors to the City of Miami Beach. Capital reserves, debt service payments, and capital purchases found in the operating budget are not included in this budget. However, we have included a capital equipment section, which itemizes purchases of major capital equipment, fleet, light and heavy equipment and information technology related acquisitions. The Capital Budget for FY 2014115 appropriates funding for projects that will require commitment of funds during the upcoming fiscal year, including construction contracts and architecVengineer contracts to be awarded during the upcoming year and capital equipment acquisitions recommended for appropriation in conjunction with the FY 2014115 Operating Budget. A Pay-As-You-Go component of the Capital Budget was established in FY 2005/06 for new projects or unfunded scope in existing projects. lnFY 2014/15, $2,630,000 in Pay-As-You- Go funding for projects is recommended. Approximately$9.9 million is recommended forappropriation from the South Pointe Capital fund for several projects in the South Pointe area. The FY 2O14115 Capital Budget includes $280,000 for technology proiects: . RNI FuelOmat Fuel Management System UpgradeAuto of Green space Management Operationso PulsePoint AppAVL Program lmplementation. Performance Management Software UpgradeRadio Station &Television station Upgradeso EnterpriseSharepoint !mplementation CloudTargetSolutions. OpenGov Business lntelligence Software Approximately $525,000 is recommended for Convention Center Funds, including a performance and portable stage and tables. The Capital Budget includes $2.6 million in funding for various transportation improvement projects. The Capital Budget has also been updated to reflect $4.8 million in the ongoing parking lot and garage refurbishment and replacement program with projects recommended for FY 2014115 including lntelligent Transportation System ll, Closed Circuit Television System, Surface Parking Lot 9D P86; 6976 lndian Creek drive and Master Meter Phase Vlll (DG Replacement). 194 Resolution Adopting The FY 2014115 Final Capital Budget and FY 2014115 - 2018fi9 Final CIP September 30,2014 Page 8 FY 2014115 Gapita! Budget by funding source: -sr$ 625,0002003 GO Bonds - Fire Safety 2003 GO Bonds - Neighborhood lmprovement 160,000 2010 Parking Bonds Reso. 201 0-27491 2,301,000 7th Street Garage 170,000 Capital Projects Not Financed by Bonds 765,000 Concurrency Mitigation Fund 2,060,000 Convention Center 525,000 Equipment Loan/Lease 4,947,000 Fleet Management Fund s0,000 Half Cent Transit Surtax - County 2,333,000 lnfo & Communications Technology Fund 280,000 LocalOption Gas Tax 336,000 MB Quality of Life Resort Tax Fund - 1%5,044,000 Miami-Dade County Bond 54,400,000 NB Quality of Life Resort Tax Fund - 1%2,787,000 Non-TlF RDA Fund (11,712,000 Parking Operations Fund 2,270,OO0 Pay-As-You-Go 2,630,000 Proposed Future RDA Bonds 310,050,000 Proposed Future Resort Tax 1o/o Bonds 204,500,000 Proposed Future Water and Sewer Bonds 14,476,000 Proposed Parking Bonds 59,500,000 Proposed Stormwater Bonds 51,876,000 RDA Garage Fund 2,719,000 Renewal & Replacement Fund 1,966,000 Sanitation Enterprise Fund 375,000 SB Quality of Life Resort Tax Fund - 1%1.870,000 South Pointe Capital 9,974,000 W&S GBL Series 2010 CMB Reso 2009-27243 458,000 Water and Sewer Enterprise Fund 150,000 195 Resolution Adopting The FY 2014115 Final Capital Budget and FY 2014115 - 2018119 Final CIP September 30,2014 Page 9 FY 2014115 Capita! Budget by program area: Bridges $ 283,000 Community Centers 42,OOO Convention Center 522,013,000 Environmental 437,000 Equipment 6,177,000 General Public Buildings 5,588,000 lnformation Technology 280,000 Parking 833,000 Parking Garages 61,569,000 Parking Lots 468,000 Parks 7,895,000 Renewal and Replacement 4,366.000 Seawalls 254,000 Streets/Sidewalk lmps 89,831,000 f ransiUTransportation 8,771,000 Utilities 19,078,000 The FY 2014115 Capital Budget totals $727,885,000, of which $627,050,000 is for Convention Center-related projects. Net of the RDA Garage and Proposed Future RDA Bonds appropriations of $312,769,000, the FY 2014115 capital budget is $415,116,000. GONGLUSION: The Administration recommends adopting the final Capital lmprovement Plan forFY 2014115 - 2018119 and adopting the City of Miami Beach final Capital Budget for Fiscal Year (FY) 2014t15. rLMtrw(g 196 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FINAL CAPITAL TMPROVEMENT PLAN FOR FISCAL YEARS (Fn 2014115 - 2018/19 AND ADOPTING THE CITY OF MTAMI BEACH FINAL CAPITAL BUDGET FOR FY 2014115 WHEREAS, the FY 2014t15 -2018119 Capital lmprovement Plan (ClP) for the City of Miami Beach is a five year plan for public improvements and capital expenditures by the City, this document is an officiat statement of public policy regarding long - range physical development in the City of Miami Beach; and WHEREAS, the first year of the FY 2014115 - 2018119 CIP represents the Capital Budget appropriation for FY 2014115: and WHEREAS, the final CIP has been updated to include projects that will be active during FY 201 41 1 5 through 20181 19; and WHEREAS, the final capital budget itemizes project funds to be committed during the upcoming fiscal year detailing expenses for project components which include architect and engineer, construction, equipment, Art in Public Places, and other related project costs; and WHEREAS, on July 16,2014 the FY 2014115 capital funding priorities were discussed at a meeting of the Finance and Citywide Projects Committeeand adjustmentswere madetothefunding recommendations presented ; and WHEREAS, subsequent to the Finance and Citywide Projects Committee meeting on July 16th,2014, the following changes were made: added the Police Station HVAC Ductwork Cleaning ($3O,OOO);ine Uortn Shore youtn Center HVAC Ductwork Cleaning ($30O00); and the Normandy isle Park and Pool ExteriorWaterproofing & Painting ($30,OOO;; removed the Bass Museum Heat Pump reptacement and included it in the sixth amendment to the FY14 Capital budget to be funded from'City Center RDAfunds. (-$180,000); removed the Historic City Hall Court Room Carpet Replacehent, as it is not included in the tease agreement as the City's responsibility. (-$40,000); transfened the Byron Carlyle Renovation project to the North Beach QOL Fund (-$145,000); transferred the Allison Park Redesign project to the North Beach QOL Fund (-$235,000); pro-rated the costs of the Standardized Park Bench, Tables; and Trash Receptacle Replacements between pAyGO, SB-QOL, MB-QOL, and NB-QOL; added $200,000 for the Sunset I & ll Entrance project; added g2OO,OO0 forthe Muss Park project; deleted $145,000 of funding in PAYGO for North Beach City HallAnnex;added $5O,OOO to the South Pointe Drive Median Planters project;added a project for Sidewalk Assessment Survey ($75,000) offset by a reduction of the Sidewalk Repairs Citywide from $300,000 to $225,000; changed the FY15 project name from "Traffic Circle at 47" St & Meridian" to"Traffic Circte- 22nd Street and Park Avenue (Collins Park Circle)"; added $400,000 for Domino Park in North Beach; added a project for Second Floor Renovation-Building Department ($4SO,O0O). Funds will be transferred from the Building Training & Tech Fqnd to coverthe cost of inis proleci; added $315,000 to the South Pointe Park Remediation project. Funds recently received from the County for reimbursement for a broken pipe in the park; and 197 WHEREAS, perthe direction of the Finance and Citywide Projects Committee attheirAugust 29,2014 meeting, the following changes were made: removed $200,000 from Muss Park project added at last meeting; added $50,000 for Biscayne Point Entry project; added $1 ,050,000 for Muss Park project; and WHEREAS, accordingly, on September 10,2014, the City Commission held its first duly noticed public hearing and adopted the Tentative FY 2014115 Capital Budgetand FY 2014115-FY 2018119 Capital lmprovement Plan; and WHEREAS, subsequent to the adoption of the Tentative FY 2014115 Capital Budget and FY 2014115 -FY 2018t19 Capital lmprovement Plan at the flrst public hearing on September 10, 2014, the following change was made: added $150,000 for the Public Works Operations Exterior Restoration project; AdOeO $t5O,0OO for Public Works Operations Exterior Restoration; Added $50,000 for Cuitomer Service Center Build-Out; Changed funding source of the Bass Museum lnterior Space Expansion project from the City Center RDA Fund to the Future Proposed RDA Bond Fund; Changed funding source of the Lincoln Road Washington Av to Lenox Ave Expansion project from the City CenteiRDA Fund to the Future Proposed RDA Bond Fund; Reduced re-payment of $14 million to $12.3 million and changed re-payment funding source from Proposed Future RDA Bonds and Proposed Future 1% Reiort Tax Bond Fund to Miami-Dade County GO Bond Fund; Added $600,000 for the Convention Center Hotel project; Added $12.3 million for re-payment to Non-TlF RDA Fund; Reduced $12.3 million for Convention Center lmprovement project; Removed re-payment to Non-TlF RDA Fund of $6 million and increased Convention Center lmprovement project by$6 million; Removed re-payment to Non-TlF RDA Fund of $7.9 million and increased Convention Center lmprovement project by $Z.g million; Funding of $10 million for the Lincoln Road Washington Ave to Lenox Ave'expansion project was moved up from FY 2015116 to FY 2014115: Funding of $10 million for the Convention Center Lincoln Road Connectors project was moved up from Future Years lo FY 2014115; and WHEREAS, the final Capitat Budget for FY 2014115 therefore totals $727,885,000 ($415,1 16,000 Net of the RDA Garage Fund and Proposed Future RDA Bond Fund appropriations of $312,769,000) recommended for adoption at this time for projects and capital equipment acquisitions; and WHEREAS, based on current project schedules, additional water and sewer, and stormwater financings are financed over a series of years; and WHEREAS, under this approach, the City utilizes a line of credit to allow the necessary rate capacity to issue additional tax-exempt bonds through rate increases and also spend down the current committed but unspent bond proceeds; and WHEREAS, the proposed sources of funding forthe FY 2014115 Capital Budget are included in "Attachment A'; and WHEREAS, the proposed projects to be adopted in the final FY 2014115 Capital Budget and the five-year CIP are included in Attachment "B"; and 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 adopts the Final Capitat lmprovement Plan for FY 2014115 through 2018119; and adopts the City of Miami Beach Final Capital Budget for FY 2014115. 198 PASSED AND ADOPTED THIS 30th DAY OF SEPTEMBER 2014. Philip Levine, Mayor Rafael Granado, City Clerk APPROVED AS TO FORM & LANGUAGE & FQR EXECUTIONUL!- !!+[ r4- Dote 199 ATTACHMENT A FY 2014115 CAPITAL BUDGET SUMMARY OF FUNDING SOURCES 2003 GO Bonds - Fire Safety $ 625,000 2003 GO Bonds - Neighborhood lmprovement 160,000 2010 Parking Bonds Reso. 2010-27491 2,301,000 7th Street Garage 170,000 Capital Projects Not Financed by Bonds 765,000 Soncurrency Mitigation Fund 2,060,000 Convention Center 525,000 Equipment Loan/Lease 4,947,000 Fleet Management Fund 50,000 Half Cent Transit Surtax - County 2,333,000 lnfo & Communications Technology Fund 280,000 LocalOption Gas Tax 336,000 MB Quality of Life Resort Tax Fund - 1%5,044,000 Miami-Dade County Bond 54,400,000 NB Quality of Life Resort Tax Fund - 1%2,787,O00 Non-TlF RDA Fund (11,712,000) Parking Operations Fund 2,270,OO0 Pay-As-You-Go 2,630,000 Proposed Future RDA Bonds 310,050,000 Proposed Future Resort Tax 1o/o Bonds 204,500,000 Proposed Future Water and Sewer Bonds 14,476,000 Proposed Parking Bonds 59,500,000 Proposed Stormwater Bonds 51,876,000 RDA Garage Fund 2,719,000 Renewal & Replacement Fund 1,966,000 Sanitation Enterprise Fund 375,000 SB Quality of Life Resort Tax Fund - 1%1,870,000 South Pointe Capital 9,974,000 W&S GBL Series 2010 CMB Reso 2009-27243 458,000 Water and Sewer Enterprise Fund 150,000 Tota $ 727,885,000 RDA Garage Funds and Proposed Future RDA Bonds (312,769,000 200 :",oOOOOOOOc)o4.OOOOOOOOOOi:oc)oooooooo.idorooo,rtooooar?lotF-orot-oororo!#d lr) N(\l|r)(\l- ffi raA ,6Ai6oooooooooo w $ooooooooooxp s{: # W'ffio o o o o o o o o o '$=+;, s+ i=.= *= *a:€ ffi m..'oooooooia t.1i';iooooc,ooooc,?';oooor1 c,c)00kro-dooeNlootr):TANN ffi ffiffioooooooooospis;{eY!iI}o#gffi.aq is: E i$oooooooooo Egsoo o o o o !4,{t'c)c, o o o o Pilldd d d o o Cli,ro<' o f.- o rl)-': N lf)- (\l lf, Et{o"*. 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H.o o E-E-o o' $.E o o o offi S qql@ A to u>r-o€q, oo a1- EEiU 66= 6 ct o(DOl'-(', oo (9q)a+ <rrrc) ..) c, sFo$c, 66 6t E!# ;:" :d- =:- .n FB$& $gggIggEAglgggggigl ggrgraggg IeE gg eI I E IE cE€= EEE€EEE EE gEc E E $ (o rO oN rO lf o(\l o rEo o,o o o. =dooE,o- FC' UJaoEo- Rg a(\t nEo-fls(Lb N ts!(t) =tr,oot, o- 6zE<(JJ<1lUEnfi =f =PlaGo= LfOE o o) Eq l(l EN €ltt 220 llAtl! !-,r84D- I iliif iHi'ald:cotn I \: THURSSAY.SIPTEMBERIS,2OI{ I ts IITF AAIAMIBTACH CITYOFMIAMI BEACH NONCE OF PUBLIC HEARINGS NOTrcE Hi HERES'Y given that fublic Hearings will be held by rhe Mayor and Cily Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive. Miami Beach, Florida, on Tuesday. September 30, 2{X4 to consider the following: 5:01 p.m, Adopt FinalAdValorem Millage for Gen€ral Operaling Purposes A Resolrdion Adopting: 1)The Final Ad Valorem Millage Of 5.7942 Mills For General Operating Purposes.Which lsThirteen And Four-Tenths Percenl {13.4%} MoreThanThe "Rolled-Bacft" Rxe Of 5.1076 Mills; And 2lThe Debt Service Millage Hare Of 0.2295 Mills For FiscslYear {FY) 20I4l15. lnquiries may be directed to the Eudget & ?ertormanrn lmprove ment Office at 305.673.751 0. 5:01 p.m. Adopt Final Budgels For General, G.O.. HDA" Enterprise, lniernal Service,And Special Revenue Funds A Resolution Adopting Final Budgets ForThe General, G.O, Debt Service, RDAAd ValoremTaxes, Enterprise, lnlernal Service Funds, and Special Revenue Funds For Fiscal Year {FY} 2014115. lnquiries may be directed to the Eudget & Pertormance tmpravement Aftice at 3,.5.673.7510. 5:@p.m. Adopt Final AdValorem Millage for Normandy Shores Local Governmenl A Resolution OiThe Board Of Direaors OfThe Normandy Shores Local Government Neighborhood lmprovement District AdoplingThe Final Ad Valorem Millage Ralo Of 1.1305 Mills For FiscalYear {FY} 201{15 ForThe Normandy Shores Local Government District.Whicfr ls One Percent {1%} LessThanThe "Rolled-Back" Rale Of 1.1391 Mills. lnquiries nay be directed to the Eudget & Performanca lmprovdmenl Office at 345.673,7510. 5:02 p.m, Adopt Final Operaling Budget For Normandy Shores Local Governmenl A Resolution OfThe Board Of Direclors OfThe Normandy Shores Loeal Govemment Neighborhood lmprovement District AdoptingThe Final Operating Budget For Fiscal Year (FY) 2014115. lnquirias may be directed to the Eudget & Pertormance lmprcvement Office at fiS.673.7510. 5:(B p,m, Adopt Final FY 2014115-2018/19 Capital lmprovement Plan & Capital Budget A Resolution Adopting Tha Final Capiral lmprovement Plan For Fiscal Yaars (FY) 2014115-201919 And AdoptingThe City Of Miami Beach Final Capital Budget For (FYl 241$15, lnquiries may be directed to the Budget & Per{armance lmprovement Office at 3A5.673.7510. lnlerested parties are invited to appear at this meeting, or be represented by an agent, or lo express their views in writing addressed to fhe Cily Cnmmission, cJo the City Clerk, 1700 Convenlion Center Orive, lsl Floor, City Hall. Miami Beach, Florida 33139. Copies ofihese ilems are ivailable for public inspeclion during normal business hours in lhe City Clerk'e Office. 1700 Convention Center Drive, lst Floor, City Hall, Miami Beacfi, Florida 33139.This meeting. or any item therein. may be continued, and under sudr circumstances, additional legal notice need not be provided. Pursuant to Seclion 286.0105, Fla. Stal., rhe Ciiy hereby advises the public rhat if a person decides to appeal any deci$ion made by rhe City Commission with respect 10 any matter considered at its meeling or ils hearlng, such person must ensure that a verbatim record ofthe proceedings is made. whicfi record includes lhe testimony and evidence upon whidr the appeal is to be based,This notice does not constitute consent by the Cily for the introduction or admission of olherwise inadmissible or inelevant evidence. nor does it authorize cfiallenges or appeals nol otherwise allowed by law. To reguest this material in accessible formit. sign language interprelers, information on access for persons with disabililies andor arry accommodation to r€viely any document cr participale in any City-sponsored proceeding, please contact us five days in advance at 305.673.7411(voice) orTTY users may also call the Florida Relay Service at 711. Rafael E. Granado, City Clerk City of Miami Beadl 935 221 THIS PAGE INTENTIONALLY LEFT BLANK 222 COMMISSION ITEM SUMMARY Condensed Title: A Resolution authorizing the Cig Managerto execute a LetterAgreementwith the Friends of the Bass Museum in the amount of $651.000. The 2O14 Community Satisfaction Survey shows six in ten residents(57%)claimed there were enough museums in Miami Beach (compared to 61% in2012),yel40% thought there were too few. ln 2012, only 34% of residents thought there were too few museums. Residents in North Beach (47o/o) were more likely to think there were too few museums. Four in ten business owners in Miami Beach (40%) believed there were too few museums; however, 57% of business owners thought Miami Beach had the right number of museums. The typical resident visited the Bass Museum of Art two times last year,60/o of residents visited more than five times The Bass Museum was established from its inception as a strong public/private partnership through a contractual agreement entered into 51 years ago when the City accepted the gift of the art collection of John and Johanna Bass. This agreement stipulates that the City will maintain the collection in perpetuity, keep it open to the public, and provide basic funding for the maintenance and exhibition of the collection. The agreement further stipulates that the Bass Museum, as an operating entity, should be overseen by a Board of Trustees. ln addition to the City and the Board of Trustees, a third entity has existed to promote and further the mission of the Bass Museum of Art: The Friends of the Bass Museum, lnc. At the June 3, 2009, City Commission Meeting, Resolution No. 2009-27089 was approved, which authorized the transfer of $137,000 to the Friends of the Bass Museum. Transferring the budget allocations for certain line items began the process of transitioning much of the day{o-day administration and oversight of the Museum to the Friends pending a larger re-vamp of the governing structure of the Museum. This concept was also discussed at the May 5, 2009 Finance and Citlnride Projects Committee. The Finance Committee approved the transferof those operating line item balances and recommended that the Administration come back, as part of the City budget process, for any future allocations. Accordingly, at the September 24,2009 City Commission Meeting, Resolution No. 2009-27216 was approved, authorizing the allocation of $512,000 to the Friends of the Bass Museum, to fund certain operating expenses for Fiscal Year 2009-10. Similar allocations were approved in 2010 (Resolution No. 2010-27505; $536,495), 2011 (Resolution No. 2O11-27757; $623,391),2012 (Resolution No. 2012-28027; $585,501), and 2013 (Resolution No. 2O't 3-28363; $65 1, 000). Similar to the September 2013 action, the Administration is seeking authorization to allocate $651,000 to the Friends of the Bass for salary expenses related to the Museum's Assistant Director, curatorial services, security guard, office associate lV and a building supervisor, as well as other operating expenses. ln an effort to ease the future privatization of the Bass Museum, recently-vacated City positions have been filled as employees of the Bass Museum (non-proflt entity). As previously stated, the objective is to transition all Bass Museum positions to the Bass over time, which will allow for significant savings to the City in salaries and benefits. ln FY 13/14, anothervacant position (Registrar) was not filled by the City and the Bass Museum assumed the responsibility for this position. Of the eight (8) City funded Bass Museum positions, two (2) are currently City employees. The remaining six (6) positions have been filled as employees of the Friends of the Bass Museum and the Citv has transferred the fundinq for these positions to the Bass Museum. Advisorv Board Recommendation: Financial lnformation : Source ofFunds: I r I.fr--| r-r-tt oBPl I rotat I Financial lmpact Summary: FY 2O14115 General Fund 011.0930 Max Sklar, ext. 6116 AGENDA rrEir A?r)E MIAMIBEACH oxe 0l -30-lv223 MIAMIBEACH City of Miomi Beoch, 'l 700 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members f the City FROM: Jimmy L. Morales, City Manager DATE: September30,2014 SUBJECT A RESOLUTION OF THE MAYORTAND CITY GOMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT IN THE AMOUNT OF $651,000 WITH THE FRIENDS OF THE BASS MUSEUM, INC. MEMORIALIZING THE PARTIES' RESPECTIVE OBLIGATIONS WITH REGARD TO GERTAIN MANAGEMENT AND OPERATION RESPONSIBILITIES OF THE BASS MUSEUM THROUGH SEPTEMBER 30, 2015. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUND!NG Funding is available in the FY 14l15 GeneralFund, Bass Museum of Art Budget. BACKGROUND The Bass Museum was established from its inception as a strong public/private partnership through a contractual agreement entered into 51 years ago when the City accepted the gift of the art collection of John and Johanna Bass. This agreement stipulates that the City will "maintain the collection in perpetuity...provide for the exhibition of the collection, keep it open and available to the public," and providebasicfundingforthemaintenanceandexhibitionofthecollection. TheCityfulfillsthisobligation by funding the operational elements of the Museum, and maintaining the building, which is a City asset. The agreement further stipulated that the Bass Museum, as an operating entity, should be overseen by a Board of Trustees with responsibility for Museum policies and procedures, as well as day-to-day management through the staff it employed. The Museum's Executive Director/Chief Curator, for example, is a City employee with full benefits, but is hired by, and answers to, the Board of Trustees. ln addition to the City and the Board of Trustees, a third entity has existed to promote and further the mission of the Bass Museum of Art: The Friends of the Bass Museum, lnc. This private and separate 501(c)3 organization was established in 1978 as the membership and fundraising arm of the Museum. The President of the Friends chairs the Board of Trustees. The Friends' Board of Directors served as advisory to the Trustees, advocated and raised funds for the Museum, and sponsored Museum programs, which included allspecialexhibitions and educationalprograms. The Museum's membership, education, development and marketing efforts were realized by employees of the Friends of the Bass Museum. Thus the current Museum staff consists of City employees (both classified and unclassified) and Friends employees, with substantial differences in benefits and pay scales. ANALYSIS The Administration began working with the Museum's staff and Boards to streamline the current governance model and to standardize employment practices. The need for a modification of the Museum's governance structure was also identified through a Strategic Planning Process and Peer Review. While the City remains fully committed to the Bass Museum and its success, both the Administration and the Museum felt that the City can continue to fulfill its contractual obligations without 224 Bass Museum of Art FY 2014/15 Budget Allocation September 30, 2014 Page 2 of 3 having actual City employees working at the Museum, while funding for the Museum may be better allocated if the Museum is able to function independent of certain City processes and contracts. To this end, two recently-vacated City positions at the Bass, the Assistant Director and Curator, have been filled as employees of the Friends. The objective is to transition all Bass Museum positions to the Friends of the Bass over time, which will allow for significant savings to the City in salaries and benefits (especially pension). Additional savings in certain operational line items have also been identified. At the June 3, 2009, City Commission Meeting, Resolution No. 2009-27089 was approved, which authorized the transfer of $137,000 to the Friends of the Bass Museum. ln addition to providing them with direct oversight and management of these operational issues, this also allows the Friends to pursue potential savings by using non-City contracts for services such as carpet cleaning or for the purchase of office supplies, for example. This action also began the process of transitioning much of the day-to-day administration and oversight to the Friends. This was an important step in moving towards increased simplification of the Museum's governance structure, which has been considered essentialforthe future well-being of the institution and was included in the Museum's own five-year strategic plan. This concept was also discussed at the May 5, 2009 Finance and Citywide Projects Committee. The Finance Committee approved the transfer of those operating line item balances and recommended that the Administration come back, as part of the City budget process, for any future allocations. Accordingly, at the September 24,2OOg City Commission Meeting, Resolution No. 2009- 27216 was approved, authorizing the allocation of $512,000 to the Friends of the Bass Museum, to fund certain operating expenses for Fiscal Year 2009-10. Similarly, at the September 20,2010 Commission meeting, Resolution No. 2010-27505 was approved, allocating $536,495, on September 27, 2011, Resolution No. 2011-27757 was approved, allocating $623,391 and on September 27, 2012, Resolution No. 2012-28027 was approved, allocating $ 585,501 and on September 24,2013, Resolution No. 2013-28363 was approved allocating $651,000. Concurrent with the above, in August 2009, the Administration, the testamentary representative of the Bass Family, and representatives of the Friends, commenced discussions to begin the process of developing a new governance model forthe Museum, which includes an overhaul of the existing by-laws of the Friends, culminating in reconstituting that 501(C)3 nonprofit organization as the Bass Museum of Art, lnc. (which entity will replace the Friends as the new governing entity for the Museum). On March 10, 2010, the City Commission adopted Resolution No. 20'10-27349 amending the agreement between the City and Dennis Alan Richard (as Successor in lnterest to John and Johanna Bass). This new Agreement, among other things, replaced both the existing Bass Board of Trustees and the Friends of the Bass Museum, lnc., with the Bass Museum of Art, lnc., a 501(c)3, composed of actual stakeholders (as opposed to the then current Board of Trustees, who maintained their seats by virtue of their contractually designated positions under the 1963 Agreement). The City Manager retained membership on the new governing board, with voting power equivalent to 20o/o of the membership of the Board, comparable to the City Manager's representation on the previous Board of Trustees. The day-to-day responsibility to ensure the City's contractual obligations to maintain the Collection would be handled by this new governing body through a separate management agreement with the City. Similar to the September 2009, 2010,2011, 2012, and 2013 actions, the Administration is seeking authorization to allocate $651,000 to the Friends of the Bass for salary & operating expenses. Salary expenses related to the Museum's Assistant Director, curatorial services, security guard, Office Associate lV and a building supervisor. ln an effort to ease the future privatization of the Bass Museum, recently- vacated City positions have been filled as employees of the Bass Museum (non-profit entity). As previously stated, the objective is to transition all Bass Museum positions to the Bass over time, which will 225 Bass Museum of Art FY 2014/15 Budget Allocation September 30, 2014 Page 3 of 3 allow for significant savings to the City in salaries and benefits. ln FY 2013114, another position (Registrar) became vacant and the Bass Museum will assume responsibility for this position. The proposed allocation reflects the salary for the additional position. Of the eight (8) City funded Bass Museum positions, two (2) are currently City employees. The remaining six (6) positions have been filled as employees of the Friends of the Bass Museum, and the City has transferred the funding for these positions to the Bass Museum. Additionally, the Administration recommends allocating funds for operating expenses. The allocation is broken out as follows: . Salaries and Benefits:o ProfessionalServices:. Electricity:. Telephone:. Sanitation:. RenUBuilding/Equipment(artstorage):. ContractMaintenance:. Office Supplies:. Repairs and Maintenance:. Other Operating Expenses.. Dues: TOTAL $304,274 $ 93,343 $108,000$ 2,000 $ 900 $1 13,184 $ 8,800 $ 7,000 $ 1,000 $ 10,000 $ 2,500 $651,000 Similar to the previous allocation, the Administration also recommends entering into a letter agreement with the Friends delineating the responsibilities the Friends would be required to meet in exchange forthe funding. These obligations would be very similar to functions currently carried out jointly between the City and Friends. CONCLUSION The Administration recommends approving the transfer of currently-budgeted operating funds from the City to the Friends of the Bass Museum, lnc. /JLMKGB/MAS T:\AGENDA\2014\September\September 30\Bass Budget Memo 2014_1 5.doc 226 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROPRIATING $651,000 FROM FY 2014115 GENERAL FUND ACCOUNT NO. 011.0930; SAID APPROPRIATION TO BE PROVIDED TO AND UTILIZED BY THE FRIENDS OF THE BASS MUSEUM, INC. FOR THE PURPOSE OF CONTINUING TO FUND AND PROVIDE CERTAIN OPERATING EXPENSES; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT WITH THE FRIENDS OF THE BASS MUSEUM, INC., MEMORIALIZING THE PARTIES' RESPECTIVE OBLIGATIONS WITH REGARD TO CERTAIN MANAGEMENT AND OPERATION RESPONSIBILITIES OF THE BASS MUSEUM, THROUGH SEPTEMBER 30, 2015. WHEREAS, the Bass Museum (Museum) was established from its inception as a strong public/private partnership through a contractual agreement entered into in 1963 between the City of Miami Beach (City) and John and Johanna Bass, whereby the City accepted the gift of the art collection of John and Johanna Bass (the Bass Collection), in exchange for making the Bass Collection open and available to the public in a building maintained by the City (the 1963 Agreement and all subsequent amendments thereto are hereinafter referred to as the "1963 Bass Agreement"); and WHEREAS, the 1963 Bass Agreement, requires the City to maintain the Bass Collection in perpetuity; provide for the exhibition of the Collection; keep it open and available to the public; and provide basic funding for the maintenance and exhibition of the Collection; and WHEREAS, the City fulfills this obligation by funding the operational elements of the Bass Museum and maintaining the building, which is a City asset; and WHEREAS, the 1963 Bass Agreement further stipulates that the Bass Museum shall be overseen by a Board of Trustees which has the responsibility for Museum policies and procedures, as well as day-to-day management through the staff it employs; and WHEREAS, a third entity exists to promote and further the mission of the Bass Museum, the Friends of the Bass Museum, lnc., which is a 501(c)3 corporation, established in 1978 as the membership and fundraising arm of the Museum; and WHEREAS, since 2008, the Administration has been working closely with the Bass Board of Trustees (Bass Board) and the Friends of Bass Museum, lnc. (Friends) to streamline the current governance model, standardize employment practices, and empower the Museum to fully realize its potential as the City's prominent art institution; and WHEREAS, on March 10,2010, the City Commission adopted Resolution No. 2010-27349 which approved an Amended and Restated Bass Museum Agreement 227 between the City and Dennis Alan Richard (as successor in interest to John and Johanna Bass); the Amended and Restated Agreement was intended to replace and supersede the 1963 Bass Agreement; and WHEREAS, since 2009, the City has approved Resolution Nos. 2009-27089, 2009-27216, 2010-27505, 2011-27757, 2012-28027, and 2013-28363, all with corresponding Letter Agreements, whereby the City agreed to appropriate and transfer budgeted operating funds for the Museum, in consideration of the Friends' agreement to undertake certain management and operational responsibility (on behalf of the City) for the Museum; and WHEREAS, the City and Friends have agreed to execute another Letter Agreement for Fiscal Year (FY) 2014/15, whereby the Friends will to continue to provide certain oversight and management responsibilities relative to the Bass Museum through September 30,2015; the Letter Agreement is attached and incorporated as Exhibit "A" hereto. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA that the Mayor and City Commission hereby appropriate $651,000 from FY 2014115 General Fund Account No. 011.0930; said appropriation to be provided to and utilized by the Friends of the Bass Museum, lnc. for the purpose of continuing to fund and provide certain operating expenses at the Bass Museum of Art through September 30, 2015; and further authorizing the City Manager to execute a new Letter Agreement with the Friends of the Bass Museum, lnc., memorializing the parties' respective obligations with regard to certain management and operation responsibilities of the Bass Museum, through September 30, 2015. PASSED and ADOPTED this 30th day of September,2014. Philip Levine, Mayor ATTESTED BY: Rafael E. Granado, Gity Clerk T:\AGENDA\201 3\September 3O\Bass Museum Reso.doc (Recovered).rtf APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1tr Dote 228 g MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov OFFICE OF THE CITY MANAGER Tel: 305.673.701 0, Fax: 305.67 3.77 82 September 30,2014 George Lindemann, President Friends of the Bass Museum, lnc., and The Bass Museum of Art, Chairperson 2121 ParkAvenue Miami Beach, Florida 33139 Re: Agreement between the City of Miami Beach, Florida (City) and the Friends of the Bass Museum, Inc. (Friends) for the Continued Management and Operation of the Bass Museum of Art from October 1, 2014 to September 30,2015 Dear Mr. Lindemann: The foregoing Letter Agreement shall confirm the understanding between the City and the Friends, with regard to the Friends' continuing to provide certain management and operational responsibilities at the Bass Museum of Art, located at 2121 Park Avenue, Miami Beach, Florida (hereinafter the Bass Museum or the Museum), for a term commencing on October 1, 2014 (Commencement Date), and terminating on September 30, 2015 (the Term). Throughout the Term, the Friends agree to provide the following services in support of the ongoing management and operation of the Bass Museum (hereinafter, such services are collectively referred to as the Services): o Administer, operate, and maintain the John and Johanna Bass Collection (the Collection), as contemplated pursuant to the terms and conditions of that certain agreement between the City and John and Johanna Bass, dated July 8, 1963, as amended and restated on March 10, 2010, and approval pursuantto the July 8, 1963 agreement between the City and John and Johanna Bass, and the March 10,2010 amended and restated agreement between the City and Dennis Alan Richard (as Successor in lnterest to John and Johanna Bass, as well as any amendments thereto, is hereinafter referred to as the Bass Agreement).. o Develop and implement exhibitions, programs, and activities which support and promote the goals and priorities agreed upon by the City and the Friends (including, without limitation, those which are consistent with and continue to further the purposes set forth in the Bass Agreement). 229 . Provide certain day-to-day administrative services in support of the Collection, as well as any and all other art work(s) in the Museum, and the aforestated activities, to ensure that the Museum continues to be operated, managed, and maintained in a first-class manner, consistent with similar world-class public museums of comparable size and budget to the Bass Museum and including, without limitation, acquisition of services, equipment, and supplies; day-to-day housekeeping and maintenance; record-keeping; collections and billings; and similar services. The Friends represents to City that, prior to the commencement of the Term, its authorized representatives have inspected the Bass Museum building; accordingly, the Friends hereby accept the facility 'AS lS, WHERE lS, AND WITH ALL FAULTS' existing as of the Commencement Date. ln the event that any claim or controversy arises with respect to the Agreement, the Friends and the City hereby knowingly and voluntarily waive their rights to assert any argument or defense alleging inadequate or insufficient consideration. Attached as Exhibit "A" hereto is the Museum's Operating Budget for the Term (the Operating Budget or Budget), which the City and Friends have mutually reviewed and approved. The City and Friends hereby agree and acknowledge that said Budget is adequate for the provision of the Services. The Friends shall not exceed the Operating Budget, which has been established at $ 651,000. The Friends shall use best efforts to undertake, deliver and perform the Services, in accordance with, and in the amount provided by, the Operating Budget. The Friends agree to notify the City Manager within ten (10) days of any significant change or variance in the bottom line numbers in the Operating Budget, and any material increase in any identified cost(s) and/or expense(s) from thaUthose provided for in the Operating Budget. Notwithstanding the preceding, or anything contained in this Agreement, the Friends shall not exceed, commit, or contract to expend any sum in excess of the aggregate amount allowed in the Operating Budget without first obtaining the prior written consent of the City Manager, which consent, if granted at all, shall be in the Manager's sole and reasonable judgment and discretion. The Friends shall pay all items of expense related to the Services (and subject to the amount indicated in the approved Operating Budget) from JP Morgan (General Operating Account) #849186630. ln addition to payment of any operating expenses related to the provision of the Services, any and all revenues generated by the Friends' (pursuant to the duties set forth herein) shall also be deposited into this account. Deposits and/or withdrawals must prepared by the Assistant Director and confirmed by the Executive Director. All checks exceeding five thousand dollars ($5,OOO; require two signatures. Authorized signatories on the account are as follows: . Executive Director;. President of the Board; 230 . Vice-President of the Board;. Secretary of the Board. The Friends agree to keep and maintain an office in the Museum devoted exclusively to its performance/provision of the Services. The Friends shall keep and maintain all records related to, and in support of, the Services at such office. Any financial records shall be maintained in accordance with generally accepted accounting principles. The City Manager or his authorized designees shall have the right, at any time during the Term, to audit and inspect any and all Friends' records, upon reasonable written or verbal notice to the Friends, and during the Museum's normal hours of operation. The City and the Friends shall each appoint a contract administrator who shall monitor the parties' compliance with the terms of this Agreement and, in the case of the Friends, who shall serve as the point person for the City with regard to the Services. Unless othenarise notified, the contract administrators for each party are as follows: For the City: Gary Farmer, CulturalAffairs Program Manager Tourism and Cultural Development Department City of Miami Beach 1755 Meridian Avenue Miami Beach, Florida 33139 305-673-7577 For the Friends: Silvia Karman Cubina Executive Director/Chief Curator Friends of the Bass Museum 2100 Collins Avenue Miami Beach, Florida 33139 305-673-7530 The Friends agree to defend, indemnify and hold harmless the City, and its officials, directors, officers, employees, agents, contractors, servants, successors and assigns against any claims, causes of actions, costs, expenses, (including reasonable attorney's fees) liabilities, or damages arising out of or in connection with any negligent act or omission, or intentional misconduct on the part of the Friends or any of its officials, directors, officers, employees, agents, contractors, servants, successors and assigns, in the performance of its obligations under this Agreement and/or from the Services. Additionally, and notwithstanding the indemnification/hold harmless obligations in the preceding paragraph, or any other term or condition of this Agreement, the Friends shal! defend, indemnify and hold harmless the City, its officials, directors, officers, employees, agents, contractors, servants, successors and assigns, against any claims, causes of actions, costs, expenses (including reasonable attorney's fees), liabilities, or damages arising out of or in connection with any claim, controversy or cause of action brought against the City of Miami Beach (and including its officers, employees, agents, and contractors) alleging any breach by the City of the Bass Agreement as a result of 231 the execution of this letter agreement between the City and Friends. The indemnification and hold harmless requirements in the two preceding paragraphs shall survive the termination or expiration of this Agreement. Notwithstanding this indemnification, and as a further condition, the Friends shall, at its sole cost and expense, maintain in full force and effect throughout the Term of the Agreement following insurance: Commercial General Liability lnsurance, on an occurrence form, in the amount of Two Million ($2,000,000) Dollars, per occurrence, for bodily injury, death, property damage, and personal injury. This policy must name the City of Miami Beach, Florida, as additional insured. Workers' Compensation and Employers' Liability coverage, in accordance with Florida statutory requirements. All-Risks property and casualty insurance, written at a minimum of 80% of replacement cost value and with replacement cost endorsement, covering all of Friends' personal property in the Museum and all improvements installed in the Museum by or on behalf of the Friends. The Friends shall provide proof of the aforestated coverages to the City Manager, within thirty (30) days of execution of this Letter Agreement. lt is understood and agreed that any coverage provided by the Friends is primary to any insurance or self-insurance program the City has for the Museum, and that there shall be no right of recovery or subrogation against the City. All policies must be issued by companies authorized to do business in the State of Florida and assigned a rating s1 g+Vl or better, per Best's Key Rating Guide, latest edition. This Letter Agreement may be terminated by the City Manager, for cause, in the event of a breach by the Friends' of any term(s) and/or condition(s) set forth herein and the Friends' failure to satisfactorily cure same within seven (7) days of written notice of such breach by the City Manager or his designee; or by either party, for convenience (and without cause), upon fifteen (15) days prior written notice to the other party. All written notices and communications required or permitted hereunder may be delivered personally to the representatives of the Friends and the City 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: 232 TO FRIENDS:Friends of the Bass Museum, Inc. Attn: George Lindemann President 2100 Collins Avenue Miami Beach, Florida 33139 (305) 673-7530 City of Miami BeachTO GITY: Attn: Max Sklar CulturalArts & Tourism Dev. Director 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7000, Ext. 6116 Notices hereunder shall be effective: lf delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CIry AND FRIENDS EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. The Friends hereby represents, warrants and covenants to the City: (i) that it has the full legal right, power and authority to enter into this Agreement and to grant the rights and perform the obligations herein, and that no third pafi consent or approval is required to grant such rights or perform such obligations hereunder; (ii) that this Agreement has been duly executed and delivered by the President of the Friends, and attested to by the Secretary, and constitutes a valid and binding obligation of the Friends, enforceable in accordance with its terms; and (iii) that the Friends will comply with all laws applicable to its management of the Museum, as set forth in this Agreement; provided that the Friends will not be required to undertake any compliance activity, or have any liability under this Agreement, if such activity requires any capital expenditure beyond the approved Operating Budget. 233 Neither party may assign this Agreement. Neither this Agreement, nor any of its terms, may be changed, modified, waived, or terminated except by an instrument in writing, signed by an authorized representative, which shall be the City Manager (on behalf of the City), and the President of the Friends (on behalf of the Friends). The City and Friends acknowledge and agree that they are not joint venturers, partners, or joint owners with respect of the Bass Museum and/or with respect to this Agreement and/or the Services. Nothing contained in this Agreement shall be construed as creating a partnership, joint venture or similar relationship between the City and the Friends. Any employees at the Bass Museum who are City of Miami Beach employees shall continue to remain City employees throughout the Term (unless otherwise terminated by the City), and shall remain under the supervision, direction and control of the City. Additionally, for purposes of this Agreement (or otherwise) no officer, director, employee, agent, or contractor of the Friends shall be deemed to be an agent or employee of the City, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the City, or any right generally afforded Classified or Unclassified employees' or be deemed entitled to Florida Worker's Compensation benefits as an employee of the City, or accumulation of sick or annual leave. (THE BALANCE OF THIS PAGE LEFT INTENTIONALLY BLANK) 234 Attest: CITY OF MIAMI BEACH, FLORIDA Jimmy L. Morales, City Manager Date FRIENDS OF THE BASS MUSEUM, INC. George Lindemann, President Date Secretary 235 THIS PAGE INTENTIONALLY LEFT BLANK 236 AGEIIDA ITEI'' - COMMISSION ITEM SUMMARY The current construction contract with LANZO (the one awarded pursuant to the ITB) is a straight construction contract, requiring the Contractor to proceed based on the Consultant's design, as the engineer-of-record, and does not allow for a "design" component, which would, should the City determine, allow the Contractor to undertake the design of the Stormwater system and the neighborhood improvements along 20th Street. Any subsequent agreement to for the provision of design services is subject to competitive bidding under Section 287.055, Florida Statutes (also known as the "Consultants Competitive Negotiation Act" or CCNA). Given that the facts do indeed support the existence of a public emergency, to the extent that a waiver of the bidding requirements under the CCNA is justified, the Administration recommends that course of action. The City has a contract agreement with Lanzo Construction Co. for work associated with the reconstruction of Pump Station #3, which includes the installation of a new pipe drainage and structures in the 20th Street right of way. The City has commenced survey and geotechnical evaluation for the neighborhood improvements in the Sunset Harbour Neighborhood. This work will not duplicate any of the existing contracted services. The proposed Design/Build contract will allow for some of these neighborhood improvements to be completed along 20' Street while the road is already open for construction. lmprovements include additional parking (referred to as a typical section), landscaping, lighting, water, sewer, drainage and paving. Flooding on 18'n Street, from West Avenue to Purdy Avenue will also be addressed with the installation of a new 42-inch stormwater drainage pipe, allowing for Pump Stations No. 1 and No. 2 servicing this area. All other improvements to this street will be part of a future neighborhood project. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION Advisory Board Recommendation: Financial lnformation: Source of Funds: Amount Account 1 $1,159,344 420-2322-069357 Based on timing of the project, we are reappropriating from the North Shore Neighborhood Capital Project to be refunded from the next Water and Sewer bond issue @ 2 $3,090,656 431-2324-069357 Based on timing of the project, we are reappropriating from the La Gorce Neighborhood Capital Project to be refunded from the Storm Water bond issue OBPI Total I $4,250,000 Financial lmpact Summary: Clerk's Office No 2 SUMMARY Agenda ltem Date Rte Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMM]SSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO THE CITY CONSTRUCTION PROJECT REFERRED TO AS THE "SUNSET HARBOUR PUMP STATION',S RETROFIT AND DRATNAGE TMPROVEMENTS PROJECT" (PROJECT) AND, W|TH RESPECT TO THE PROJECT, ACCEPTING THE FINDINGS AND RECOMMENDATION OF THE CITY MANAGER IN DECLARING AN EMERGENCY PURSUANT TO SUBSECTION 287.055 (9XCX6), FLORTDA STATUTES; AND, AS PERMITTED PURSUANT TO SECTION 2-357(E) OF THE CITY CODE, WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING REQUIREMENTS, FIND]NG SUCH WAIVER TO BE !N THE BEST INTEREST OF THE CITY; AND AUTHORIZING THE CITY MANAGER TO TAKE THE FOLLOWING ACTIONS TO PROCURE THE NECESSARY EMERGENCY DESIGN AND CONSTRUCTION SERVICES FOR THE PROJECT, PURSUANT TO A NEGOTIATED DESIGN.BUILD CONTRACT: I) PREPARE, WHETHER THROUGH THE CITY'S PUBLIC WORKS DEPARTMENT OR THROUGH RETENTION OF AN OUTSIDE DESIGN CRITERIA PROFESSIONAL, AS DETERMINED BY THE C|TY MANAGER, A DESTGN CRITERTA PACKAGE (DCp) WHTCH coMPLIES WITH THE SPECIFICATIONS SET FORTH UNDER SECTTON 287.055(2XJ), FLORTDA STATUTES; 2) UPON COMPLETION OF THE DCP, AUTHORTZING THE CrTy MANAGER TO NEGOTIATE AND, tF succESsFUL, EXECUTE A DESIGN-BUTLD CONTRACT, W|TH A GUARANTEED MAXTMUM pRtCE (GMp) FOR THE REMAINING WATER, STORMWATER, LANDSCAPE AND STREETSCAPE IMPROVEMENTS FOR THE PROJECT, WITH THE FIRM OF LANZO CONTRUCTTON, CO. (LANZO), WHO, AS THE CtTy'S CONTRACTOR CURRENTLY WORKING ON THE PROJECT UNDER THE CONSTRUCTION CONTRACT AUTHORIZED PURSUANT TO INVITATION TO BID NO. 060-2013TC (lTB); AND 3) FURTHER AUTHORIZING THE CITY MANAGER TO TERMINATE, FOR CONVENIENCE, THE REMAINING PORTION OF THE CURRENT CONSTRUCT]ON CONTRACT WITH AND REQUIRING THAT, AS A CONDITION OF THE NEGOTIATED DESIGN-BUILD CONTRACT, A RELEASE OF ALL CLAIMS AGAINST THE CITY UNDER THE FORMER CONTRACT; WHERE THE COMBINED SUM OF THE NEGOTIATED DESIGN-BUILD GMP AND THE AMOUNT NEGOTIATED AS PART OF THE SETTLEMENT OF THE EX]STING CONTRACT SHALL NOT EXCEED $6,836,940.74 WHICH INCLUDES THE $2,586,940,74 CONSTRUCTION AWARD VALUE OF THE CURRENT LANZO CONSTRUCTION CONTRACT AND THE PROPOSED DESIGN/BUILD AMOUNT OF Ensure value and ti deliverv of oual Data (Surveys, EnvironmentalScan, etc.): N/A Item Summary/Recommendation: &, MIAMIBFACH lmprovements 237 g MIAMIBEACH City of Miqmi Beoch, l200 Convention Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov COMMISSION EMORANDUM TO:Mayor Philip Levine and Members of City Comm FRoM: Jimmy L, Morales, City Manager DATE: September30,2014 SUBJECT: A RESOLUTION OF THE MAYOR D CITY COMMISSION OF THE GITY OF MIAMI BEACH, FLORIDA, PERTAINING TO THE CITY CONSTRUCTION PROJECT REFERRED TO AS THE "SUNSET HARBOUR PUMP STATION'S RETROFIT AND DRATNAGE IMPROVEMENTS PROJECT" (PROJECT) AND, WITH RESPECT TO THE PROJEGT, ACCEPTING THE FINDINGS AND REGOMMENDATION OF THE CITY MANAGER !N DECLARING AN EMERGENCY PURSUANT TO SUBSEGTION 287.055 (9XCX6), FLORIDA STATUTES; AND, AS PERMTTTED PURSUANT TO SECTION 2-367(E) OF THE Ctry CODE, WA|V!NG, BY 5/7THS VOTE, THE COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE lN THE BEST INTEREST OF THE CITY; AND AUTHORIZING THE GIry MANAGER TO TAKE THE FOLLOWING ACTIONS TO PROCURE THE NECESSARY EMERGENCY DESIGN AND CONSTRUCTION SERVICES FOR THE PROJECT, PURSUANT TO A NEGOTIATED DESIGN-BUILD GONTRACT: 1) PREPARE, WHETHER THROUGH THE CIry'S PUBLIC WORKS DEPARTMENTOR THROUGH RETENTION OF AN OUTSIDE DESIGN CRITERIA PROFESSIONAL, AS DETERMINED BY THE C!ry MANAGER, A DESIGN CRITERTA PACKAGE (DCP) WHICH COMPLTES W|TH THE SpEctFtcATrONS SET FORTH UNDER SEGTION 287.055(2XJ), FLORIDA STATUTES; 2) UPON GOMPLETION OF THE DCP, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND, IF SUGCESSFUL, EXECUTE A DESIGN.BUILD CONTRACT, WITH A GUARANTEED MAXIMUM PRICE (GMP) FOR THE REMAINING WATER, STORMWATER, LANDSCAPE AND STREETSGAPE IMPROVEMENTS FOR THE PROJECT, W|TH THE FIRM OF LANZO CONTRUCTTON, CO. (LANZO), WHO, AS THE CITY'S CONTRACTOR CURRENTLY WORKING ON THE PROJECT UNDER THE CONSTRUCTION CONTRACT AUTHORIZED PURSUANT TO INVITATION TO BID NO. 060-2013TC (lTB); AND 3) FURTHER AUTHORIZING THE clTY MANAGER TO TERMINATE, FOR CONVENIENCE, THE REMAINING PORTION OF THE CURRENT CONSTRUCTION CONTRACT WITH AND REQUIRING THAT, AS A CONDITION OF THE NEGOTIATED DESIGN.BUILD CONTRACT, A RELEASE OF ALL CLAIMS AGAINST THE GITY UNDER THE FORMER CONTRAGT; WHERE THE COMBINED SUM OF THE NEGOTIATED DESIGN.BUILD GMP AND THE AMOUNT NEGOTIATED AS PART OF THE SETTLEMENT OF THE EXISTING CONTRACT SHALL NOT EXCEED $6,836,940.74 WHICH INCLUDES THE $2,586,940.74 CONSTRUCTION AWARD VALUE OF THE CURRENT LANZO CONSTRUCTION CONTRACT AND THE PROPOSED DESIGN/BUILD AMOUNT OF $4,250,000. 238 Commission Memorandum -Sunsef Harbour Pump Sfaflons lmprovements Page 2 of 2 ADMINISTRATION RECOMMENDATION The Administration recommends adopting the Resolution FUNDING Funding is subject to the FY 14115 being approved by City Commission. Amount $1 ,159,344 $3,090,656 $4,250,000 Account Number 420-2322-069357 Based on timing of the project, we are reappropriating from the North Shore Neighborhood to be refunded from the next Water and Sewer bond issue 431-2324-069357 Based on timing of the project, we are reappropriating from the La Gorce Neighborhood Capital Project to be refunded from the Storm Water bond issue TOTAL As a result of the timing of this project, we are reappropriating $1 ,159,344 from the North Shore Neighborhood Project that is not yet ready to be awarded. The reappropiated funding will be replaced from the next Water and Sewer bond issue, As a result of the timing of this project, we are reappropriating $3,090,656 from the La Gorce Neighborhood Project that is not yet ready to be awarded. The reappropiated funding will be replaced from the next Storm Water bond issue. BACKGROUND The current construction contract with LANZO (the one awarded pursuant to the ITB) is a straight construction contract, requiring the Contractor to proceed based on the Consultant's design, as the engineer-of-record, and does not allow for a "design" component, which would, should the City determine, allow the Contractor to undertake the design of the Stormwater system and the neighborhood improvements along 20th Street. Any subsequent agreement to for the provision of design services is subject to competitive bidding under Section 287.055, Florida Statutes (also known as the "Consultants Competitive Negotiation Act" or CCNA). Consequently, any desired design of the Stormwater system, under the existing contract structure, would either have to be undertaken by other Consultant, as the engineer-of-record, or re-bid. The Administration recommends that the Contractor be used for the design-build of the Stormwater system along 18th Street and the neighborhood improvements in the Sunset Harbour neighborhood along 20th Street. The Contractor is currently finalizing drainage installations within 20th Street and is scheduled to be completed with all drainage improvements by the end of this month. The inclusion of the Stormwater improvements for the 18th Street area will also contribute to community relief with an improved level of service. ln the alternative, it is critical that the Administration be able to immediately avail itself of a process which would enable it to: 1.) retain LANZO to perform the necessary design services and any other corrective actions; and 2.) 239 Commission Memorandum -Sunsef Harbour Pump Sfafions lmprovements Page 3 of 2 continue with construction of the Project with minimal or no disruption and/or interruption. To that end, the Administration has been meeting with the City Attorney's Office to determine the most practical approach which would allow the City to meet the afore stated goals, while complying with public procurement laws including, without limitation, the CCNA. While the CCNA requires municipalities to publicly bid certain professional services, including architecture and engineering services, this requirement can be waived in cases of valid public emergencies. ln this case, the Administration believes that given: 1.) current conditions, both at the Project site and within the neighborhood; 2.) the potential community hardships, quality of life issues, potentially aggravated due to a postponement of the current work in order to undertake a procurement process; and 3.) the fact that this contractor is already performing work in the area, the City Administration, in assessing the totality of factors giving rise to this situation, believes there is ample support to find that a public emergency, necessitating a CCNA waiver of the bidding requirements, exists here. For example, if the City Commission does not waive the public bidding requirement (as both the CCNA and City Code allow it to do, the alternative approach would be to issue an RFQ to obtain a design consultant to revise the Stormwater system; provide the new design consultant with an adequate amount of time to re-design and permit the Stormwater system; and then procure another construction contract through the standard bidding process. lt is estimated that this alternative could potentially take an additional twelve (12) months. Given that the facts do indeed support the existence of a public emergency, to the extent that a waiver of the bidding requirements under the CCNA is justified, the Administration recommends the following course of action: 1. That the competitive bidding requirements be waived by 5/7ths vote as permitted pursuant to Section 2-367(e) of the City Code, finding such waiver to be in the best interest of the City, and that the City Manager be authorized to take further actions to procure the necessary emergency design and construction services for the project, via a design-build contract, including authorizing the preparation of a Design Criteria Package (DCP) which complies with the specifications set forth under F.S. 287.055(2)0) (whether through the City's Public Works Department or through retention of an outside Design Criteria Professional, as determined by the City Manager); 2. That upon completion of the DCP, the City Manager be authorized to negotiate and, if successful, execute a Design-Build contract in a not-to-exceed amount [essentially, a Guaranteed Maximum Price (GMP)I for the remaining water, Stormwater, landscape and streetscape improvements for the Project, with LANZO (as the appropriately licensed Contractor who is most qualified to undertake the Project under the proposed Design-Build contract because LANZO is currently under contract to perform work and is currently working on the Project); 3. That the City Manager be authorized to terminate, for convenience, the remaining portion of the current construction contract with LANZO and that, as a condition to the City and LANZO's execution of the negotiated Design-Build contract, the parties enter into and execute a settlement agreement and release of all claims against the City under the former contract; and 4. That the total sum of the combined negotiated Design-Build contract and the negotiated settlement release of the existing contract be capped at $6,836,940.74 (which includes the 240 Commission Memorandum -Sunsef Harbour Pump Stations lmprovements Page 4 of 2 $2,586,940.74 construction award value of the current LANZO construction contract and the proposed Design/Build Project amount of $ $4,250,000. The above recommended alternative would absorb the majority of the delays attributed to the redesign of the storm water system, keep the Contractor mobilized on-site; and only extend the construction schedule six (6) months, bringing the new anticipated Project completion date to May 2015. ln addition to the immediate time related benefits realized by keeping the current Contractor on- site, there are also inherent benefits in having I-ANZO finalize the improvements of the Project via the Design-Build method. LANZO has invested a substantial amount of time and effort researching every aspect of the Project. lt has a working knowledge of the area, the community, and the challenges lying ahead. The current Project team has overseen several major capital projects throughout the City. Most importantly, LANZO is immediately available at this time, as they are currently mobilized on the site, and are willing to work with the City to minimize the impacts to the community. The proposed Design-Build contract shall incorporate all remaining scope of work elements of the Project, and provide any additional scope of work required to modify the current construction documents, as required by PWD under the original scope, and construct a permittable storm water system. ln general, the water main improvements and lighting improvements within 20th Street shall be completed, in their entirety, as part of the current construction contract. lt will be required to finalize and place into service those portions of the water main installation work that has been completed, to-date, as part of the current construction contract. The remaining scope of work will be performed as part of the proposed Design-Build contract. This scope of work includes, but not limited to, the following: 1. The Stormwater improvements, Along 18th Street; 2. The watermain improvements along 20th Street; 3. The paving and hardscape improvements within 20th Street; 4. The landscape improvements within 20th Street; 5. The lighting improvements along 20th Street; and 6. The irrigation improvements within 20th Street. As a condition to the City and LANZO's execution of the negotiated Design-Build contract, the parties shall enter into and execute a settlement agreement that will release the City of all claims pursuant to the current construction contract. The exact amount of the settlement agreement shall be determined based on the actual cost of the Work performed through the date of termination of the current construction contract. ln no event shall be the combined amount of both the current construction contract settlement and the Design-Build contract exceed $6,836,940.74.The above stated conditions have been reviewed with LANZO. (see attachment No. 1: Letter from LANZO dated September 12,2014). The City has a contract agreement with Lanzo Construction Co. for work associated with the reconstruction of Pump Station #3, which includes the installation of a new pipe drainage and structures in the 20th Street right of way. The City has commenced survey and geotechnical evaluation for the neighborhood improvements in the Sunset Harbour Neighborhood. The proposed Design/Build contract will allow for some of these neighborhood improvements to be completed along 20th Street while the road is already open for construction. lmprovements include additional parking (referred to as a typical section), landscaping, lighting, water, sewer, drainage and paving. Flooding on 18th Street, from West Avenue to Purdy Avenue will also be 241 Commission Memorandum -Sunsef Harbour Pump Sfafions lmprovements Page 5 of 2 addressed with the installation of a new 42-inch stormwater drainage pipe, allowing for Pump Stations No. 1 and No. 2 servicing this area. All other improvements to this street will be part of a future neighborhood project. Flooding on 18th Street, from West Avenue to Purdy Avenue will also be addressed with the installation of a new 4?-inch stormwater drainage pipe, allowing for Pump Stations No. 1 and No. 2 servicing this area. All other improvements to this street will be part of a future neighborhood project. COST ANALYSIS Lanzo Construction Co. has submitted a cost proposal in the amount of $4,250,000 (Attachment) for an additional scope of work which includes the reconstruction of 20th Street by raising the road approximately 9" (addressing sea level rise concerns), the replacement of the existing 20" water main, the replacement of an 8" water main, lighting, landscaping, irrigation, and a new storm water drain pipe on 18th Street. The City's Public Works Department has reviewed the proposal and the cost breakdowns and deems the cost to be fair and reasonable. CONCLUSION The Administration recommends adopting the Resolution Attachment - Lanzo Construction Co. Cost Proposal JLM/MT/ETC/BAM/JR T:\AGENDA\2014\SeptembeAPublicWorks\Sunset Harbour Pump Stations lmprovements 093014 Memo.doc 242 LANz,cJ C0l'EInUGIlOil C0MPAIIY IHlwfin ffiffi mxfidl! $lrdtuirslotfunilfiwlffitfr', September 24,2014 Bruce Mowry, Ph. D, , P.E. City Bngineer City of Miami Beach, Florida Public Works Department' Engineering Division 1700 Convention Center Drive Miami Beach, FL 33139 Reference:Sunset Harbour Pump Station Retrofit - ITB No. 60-20l3TC Sunset Harbour Re-Design Proposal Design and Construction of Sunset Drainage Improvement Change Summary Revised 9D412014 Dear Bruce, Please find below and as attached a summary of the proposals you have requested for additional improvements to Sunset Harbour. Item Activity 1 20th Street Water Main Replacement 2 18th Street Drainage 3 Water Quality Structures PS1, PS2, & PS 3 4 20th Street lmprovements 5 Landscape Allowance TotalWith Allowance Total s 1,119,344.00 s 654,256.00 S soz,ggt.oo S L,837,477.N S so,ooo.oo s 4233,408.00 We have included all of the separate proposals, applicable scopes, drawings and quantity take-offs. I am available to meet with you to answer any further questions you may have. "'i:{tp fi&/ MichaeJT.. Bone, Vice President Lanzo Consfruction Company Attachment(s) CC: LCClFile 125 SE 5ffi Court Deerfield BeachEL3344l4749 Phone (954) 979-0S02 Fax (954)979-9897 www.lanzo.net 243 LANz,gJ COI{STBUCTIOiI GOMPANY Ntu?rn g B0,,Jffi frrfi,,ilwlifl' ,d0d4E lilfrtdrBfll,fl/tfrffi September 24,2014 Bruce Mowry, Ph. D, P.E. City Engineer City of Miami Beach, Florida Public Works Departnent - Engineering Division 1700 Convention Center Drive Miami Beach, FL 33139 Reference: Sunset Harbour Pump Station Retrofit - ITB No. 60-2013TC Sunset Harbour Re-Design Proposal Remove and Replace 20Inch Water Main on 20n Street Revised 9l24DAl4 DearBruce, Lanzo Construction Co., FL., proposes to design, permit and construct the water main replacement, on 20s Street, from Alton Road, west to Purdy Avenue. The scope of work is as agreed upon by the City and Lutzo, and is reflected in the attached drawing and unit breakdown sheet. All work per City Standard Details and as summarized below. l. Install 20" DIP from Alton Road to West Avenue. 2. Install 12" DIP from WestAvenue to Purdy Avenue. 3. Install 20'DIP from 20" Main South on West Avenue Approximate[ (a0) LF Tie-In Existing Service, Capped for Future Extension. 4. Install 8" DIP from 20" Main South on West Avenue Approximately (40) LF Tie-In to Existing 8" Water Main. 5. Install 12" DIP from 12" Main South on Bay Road Approximate$ (a0) LF Tie-ln to Existing Services. 6. Install 8" DIP from 12" Main South on Bay Road Approximately (40) LF Tie-In to Existing Services. 7. Install 12" DIP from 12" Main South on Purdy Avenue Approximate$ (40) LF Tie-kr to Existing 20" Water Main. 8. Remove all trees. 9. Maintenance of Traffic and Allowance for Police. 10. Remove and Replace All Unsuitable Material per Crty Standards. 11. Remove all Abandoned DI Water Main, Replaced by the New DI Water Main. 12. Reconnect All Services. The Design and Construction duration is (180) days from NTP. Total Lump Sum Price $1,119;44.00 W#,&"#.',--- Lanzo Construction Company Attachmen(s) CC: LCClFile 125 SE 5m Court Deerfield Beach FL 33441-4749 Phone (954) 979-08A2 Fax (95a) 979-9897 www.lanzo.net 244 8t27t2014 2.29 PM New WM along 20th Street PAGE 1 OF 1 DESCRIPTION QTY UNIT NEW WATER MAIN ALONG 2OTH STREET .General Conditions I LS EngineeringlDesign I LS 20" DIP WM Restrained Including Fittings 5OO LF ._l?" DIP WM Restrained Including Finings 988 LF 8" DIP WM Restrained Including Firrings 300 LF .De-Mu-ck Pipe Line . . ,,11, - CI iTie into_E$'"gZOlly4l2" DIP I | rc ___n' i,1q---!__qc_ r2;E"*_- -_-- _ i---; - LS _ifi9-iltoExisingS"DlP - [Z- ]aS t 4 :EA120" P_v_tz"cv 6- -EA8EA8" GV ARV w/ Precast'Fire Hydrant rvi CV 2" Water Service w/Box Remove and Dispose of existing 20" WM .Remove and Dispose of existing 12" WM .Remove and Dispose olexisting 8" WM . Remove and Dispose of existing 18" Storm FM 2 5 24 EA EA EA r,r75 LF 2OO LF 2OO LF 90 LF t _Lq _ 5 _ i-EA_ .L-E{ DY m,LAtrzo P01 1 AWg Bid Sheet WM 02 JD,xtsx 245 246 247 LANz,rJ GO I{STRUGTIOII COUPAT{Y o&dlry crutfrnDL bfr/firrtf! dilot s futmwraw!d4D,/tffi'E September 24,2014 BruceMowry, Ph. D, P.E. City of Miami Beach, Florida Public Works Deparhnent - Engineering Division 1700 Convention Center Drive Miami Beach, FL 33139 Reference: Sunset Harbour Pump Station Retofit - ITB No. 60-2013TC Sunset Harbour Re-Design Proposal Design and Installation of 18e Street Drainage Revised 9/2412014 Dear Bruce, Lanzo Construction Co., FL., proposes to design, permit and construct the drainage, on 18ft Stree! from West Avenue, west to Purdy Avenue. The scope of work is as agreed upon by the City and Lanzo, and is reflected in the attached drawing and unit breakdown sheet. All work per City Standard Details and as summarized below. l. lnstall 42" RCP from West Avenue west to Purdy Avenue Tie-In to Existing. 2. install (3) 84'x 84" Junction Boxes. 3. Install (l) 60" Round Catch Basin. 4. Replace Damaged Curbing and Sidewalk. 5. Patch Pave Damaged Asphalt. 6. Remove and Replace all Unsuitable Material per City Standards. 7. Maintenance of Traffic and Allowance for Police. The Design and Construction duration is (130) days from NTP. Total Lump Sum Price $664,256.00";X:gfrW Michael R. Bone, Vice President Lanzo Construction Company Attachment(s) CC: LCC/File 125 SE 5rH Court Deerfield Beach EL 33441-4749 Phone (954) 979-0802 Fax (954) 9'79-9897 www.lauzo.net 248 812712014 1:43 PM New 18th Street Drainage PAGE 1 OF 1 mlLANzo P01 1 AWg Bid Sheet 18ST O2 JD.xlsx 249 250 251 LANZcJ COIISTRUCTI(IN COMPAflY Ihfrt"'it g ffi frrfir,nffii[! 'olpl|d,6Itfuturfficfr,ilto/ly'fy'EE September 24,2014 Bruce Mowry, Ph.D, P.E. City Engineer City of Miami Beach, Florida Public Works Departnent - Engineering Division 1700 Convention Center Drive Miami Beach, FL 33139 Reference: Sunset Harbour Pump Station Refrofit - ITB No. 60-20l3TC Sunset Harbour Re-Design Proposal Desigrr and Installation of PS l, PS 2, and PS 3 Water Quahf Structures Revised 9D412014 Dear Bruce, Lanzo Construction Co., FL., proposes to design, permit and construct water quallty structures for Pump Stations 1,2 and 3. The scope of work is as agreedupon by the City and Lanzo, and is reflected in the attached drawing and unit breakdown sheet. All work per City Standard Details and as summarized below. I. PS 2. PS Relocate Existing 6" Water Main. Instal I Contech CD S 5 640- I 0-C ( I 0' Diameter) Water Quality Structure. 3. PS 1 Install Connecting 24" Drainage Pipe. 4. PS 2 Relocate Existing 6" Force Main. 5. PS 2Install Contech CDS5640-10-C (1O'Diameter) Water Quality Stucture. 6. PS 2 Install Connecting 24" Drunage Pipe. 7. *PS 3 Install Contech CDS5653-10-C (1O'Diameter) Water Quality Structure 8. *PS 3 Install Comecting 42" Drainage Pipe. 9. Maintenance of Traffrc and Allowance for Police. 10. Replace Damaged Curbing and Sidewalk. 11. Patch Pave Damaged Asphalt. 12. Remove and Replace All Unsuitable Material per Crty Standards. The Design and Construction duration for PS 1 and 2 is (120) days from NTP. t The desigt and construotion for PS 3 is (30) days after the removal of the existing 20" water main. Total Lump Sum Price $562,331.00 H?0h-<--" Michael R. Bone, Vice President Lanzo Construction Company Attachment(s) CC: LCClFile 125 SE 5m Court Deerfield Beach FL3344l-4749 Phone (954) 979-0802 Fax (954)979-9897 www.lanzo.net 252 812712014 1:46 PM New Defender Boxes PAGE 1 OF 1 ITEM DESCRIPTION QTY UNIT DEFENDER SUNSET General Cond .Engq_eq{1g{ = ,P_yryftatpl ,Pump Station BOXES VARIOUS PUMP STATIONS IN L_S LS r- ? .-sAItEA _._ _ 5_8 r 130 CYi --,CYt__]LS ISY --- I _!. __ _177 t65 I s-Y .LF SF rF Curb_- Red Sidewalk - Red Allowance lor onsite Police 80 400 25 DY mlLANZO P011 AWg Bid Sheel OEFEN 02 JD.xtsx 253 il* oq $;:-!6= i o_ EE lB u.b?6g! et lB ao EE SQ =d2* EE uc rO >gP rr9 689o<Xzlo E=EU.!2o a3P9o 33ier 3dt{it o:!Ea HtrdE?E5o d r o E o o oc FUxtr g-3P qES -u<krs:Yo 6i* H=Boddooo 6fz =za =IdI 2tr* = lo b IF =a zo & o x dz; ,s,$ i, .i,,--'"'"i *-:-:- i ;.-l i:lrl,ii:o2 z XU 5a R9EAzx3s c ?9 =Eo_&aIE E= H; =d irb I9;d6\X n ipE $p l u6 1-O- lhr! un# u= Jgg i6rq E=! =o?Y9E frldEd llipE Ht 6I >p #a aI d -::-:-i :i..-:r..:..- 'i'il .- :..,:*-*** i-r-r-'-i--r----i-* .i.lri'.:,, I : :: : :: -- t-:+ i---.--,-.: - -r , -i ---: l:.....i : r l .\ \' \\\ -\!e \ \"-@ q 254 =4,<= t6l za o toozF t e 3I st ? =a6leF +Os;; dEft :d =urD 3;I .txa o- o E 9i I !o g o E x &E* z z i! aIdu ru =a a zfr u ilg .n =do8P ! Nzol FI<iFLoj L :)lLI Eo o j = Po 1<9E 6pFO c a *5H gEB c 6 i o I oI E oo fi HE EA Es Q* hHi su16 5t =E 89 gE EE /HI'{J5 -"-*;L^--. sR" '.:.19:, It"l"\l\ ,/ -:)i. I I',1 -ET- ,l; t: rl ti tiliti !3b- Bi5f, oiP9 f?Edo qoil ?g CHE o9 Eud N cPa: lTiI .J- ut I rr=lt<i3ilJJftl licoSi ii=Es =38r€) i.iri:: -.--.,, i .,--- -,-.;*_:- 8=2< I "- <g ' ElEb69 E --_dU il iltsF !r..1 [-lr f, r::1 I= EJ= .: -- $9 :rU - gT El:=E /o';NgurYJL I z'o, iiP' ;EdljE ' 5_ , a9 r != :) 255 0, 'oN J_3:IHS:tfs No[vnNU-Noc uoj I I - ieli l>io tb -i-l iliJ NrK I L--rt,;riiti ;l! 256 LANz,cJ GOISTBUCIION GOMPAI{Y fufuro,rortilmutlirc September 24,2A74 BruceMowry, Ph. D, P.E. City Engineer City of Miami Beach, Florida Public Works Departnent - Engineering Division 1700 Convention Center Drive MiamiBeach, FL 33139 Reference: Sunset Harbour Pump Station Retrofit - ITB No. 60-201 3TC Sunset Harbour Re-Design Proposal Design and Construction of 20fr Street Improvements Revised 912412014 DearBruce, Lanzo Construction Co., FL., proposes to design, permit and construct the 20s Street Improvements. The scope of work is as agreed upon by the City and Lanzo, and is reflected in the attached drawing and unit broakdown sheet. All work per City Standard Details and as summarized below. l. Remove Existing Pavement and Raise Road Elevation per Attached Drawings. 2. Remove Existing Curb and Sidewalks. 3. Installation of Geofabric. 4. New Black Base. 5. New Asphalt Roadway. 6. New Curbing. 7. New Sidewalks. 8. Brick Pavers in Roadway Only. 9. Maintenance or Traffic and Allorruance for Police. 10. Pavement Markings and Signage. I 1. Drive Harmonization. 12. Street Lighting (Per DCP and APEX Visionary LED Lighting) The Design and Construction duration is (90) days after the removal of the existing 20" water main. Total Lump Sum Price $118371477.00 Additive Allowance for Landscaping $501000.00 Total Price Including Additive Allowance $11887,477.00 Sincerely,l"fLfrM Michael R Bone, Vice President --\- Lanzo Construction Company Attachment(s) CC: LCC/File 125 SE 5m Court Deerfield Beach FL 33441-4749 Phone (954) 9794802 Fax (954) 979-9897 www.lanzo.net 257 812712014 1:34 PM Raise Road along 20th Street PAGE 1 OF 1 _BIack Base 5" Stabilize Subbase 12" and lnstall Marifie paper Brick Pavers in Roadrvay (Concrete pad rvith Collar) . Drive Way Aprons .F Curb - Red .Valley Cutter - Red Sidervalk - Red :Remove and Dispose of Concrete w/ Rebar __ Adjust Rim and Valve B_ox Elev_ations to Match Allowance for onsite Police 5,774 SY s,774 . 3,266 SF l,496 SF 2,278 LF 1.t37 LF 18,790 SF ILS I 6_67 514 I 60 SY mlLANZo P01 1 AWg Bid Sheet RD 02 JD.xlsx 258 812712014 1 1:48 AM New Drainage for Raising Road along 20th Street PAGE 1 OF 1 ITEM DESCRIPTION QTY L]NIT De-Muck Pipe Line : 6s icY mILANZO P011 AWg Bid Sheet DRN 02 JD.xlsx 259 812712014 1:50 PM New Lighting along 20th Street PAGE 1 OF 1 ITEM DESCRIPTION TJNIT STREET LICHTINC ON 2OTH STREET - e&rco*..ti* poirt ruitt potiCun a-Olsconnect ' r iLSj__r,ioo _ i L. _ 2,500 LF F&l Poles & Fixtures l2' Mount for Siaewaft IEA ., ::5+EA l,-.20EAF&l Poles & Fixtures l2'Mount for Sidewalk + 20'for RD te mlLANZO P0t 1 AWg Bid Sheet EL 02 JD.xtsx 260 812712014 2:31 PM New Landscaping for 20th Street PAGE 1 OF 1 ITEM DESCRIPTION Landscaping along 2(}th Street Engineering I Design . Mimusops (Street Tree) .Ficus (Creen lsland) Irrigation Excluding Water Supply or Control, Just Heads -Soil for new Trees _ .$_emgve Trees Large .Remove Trees Srnall Tree Trust Fund DERM Allowance LS EA EA LS CY EA EA LS QTY I l4 200 I r30 3 5 I mlLANzo P01 'l AWg Bid Sheet LS 0t.xlsx 261 :l II 3, {: * ,>ii h a*e flwmmm i i ril, rHlEEEIE Fo LJ =oY,Po-f, zo6<UFtD(/) GI HILi Q6EU@= 262 a a rE. .E -E ,E :E EE iE IE !EPA tV gP Sg el flffiMEH FOr)UN x$ o<z-U(/) <-z*, .t 'lr i !r {r pj .t}{j; *1 =;@?.:.-air-,Z4t* =,-_,_;Yi{ =+_ a:dgtE 3l ug eeoczO'oz NOt]'CnULSNOC /l&t( rt(( \ /\ \ i{1,tI//- E19l<lL) 96EUo> 6 9!6 @!9d tr + FaoF + Fa FQ sRu u<z oc<z>>oluooE 263 EUii ;ii UnO8UVH lSSNnS N\nd eNrl-Hen HCVfS lt/!Vly\ lo l-lc r-rfulsq]oz o EiliLLLI I I (f) +tIEo+iooa CLo U' 0) =IF l.U LUtFa -EoN :€l: ;ie!!g,:lg;3;i;r Be lEEq9i 9IiZ JE: P: A;EE !,; E6 i;?a ce EE EgY" !3 E9 -! :p , E+ EE o :E P !q I gq E: !E- N+t IEo ooa oop IF LU LU v.Fa -CoN r:+t IEo'FooacLo a(tr tU IF l.JJ l,U x.Fa r oN * a 6.-\fr t+c!iry; 3 I FF/83,1. !; Ig t! aY 1/-=\ -r ) lciElii 64 - l4E=.\ cl tE;:I -Y tr $ig IEEffii ' i?:iiEs i;:i: :iE3; *ffi)1 *[ = lll i z! ri b* Eq-t :: . g9 99 e Bi If: E; Ei }E T d! d, :i : a 5+-p-'"EAd;!;*r 264 EEE; fr; UnO8UVH lf SN0S N\.rd cNr^vd HCVjg lyyvly\ lO AIIC rrrulsLr]oZ Ir o 3 Euillu I0-J ifo 9I 5l 9l "to ll itli6 cf)+Co.E oo U) ELoa c) =IF tU TUtF U) -coN N{t ICo.E ooa oop It-tu tUtF U) -CoN + Ico oo @ ELo a(tr l.U I l-- tU I.JJt F-a -CoN cNoS a3 ;:6- ePlE a-ii r: :dES B z 1N3nr^vd Hdsv I:]EIS q+0 i:P:qPiP :1EE ;i! 3 265 RESOLUTION TO BE SUBMITTED 266 COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO REJECT THE SINGLE PROPOSAL RECEIVED, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO.2014-290-YG FOR THE DESIGN, MANUFACTURE AND INSTALL REMOVABLE/RETRACTABLE CANOPY AT THE NORTH BEACH BAND SHELL AND AUTHORIZE THE ISSUANCE OF A NEW RFP. Maximize The Miami Beach Brand As A World Class Destination Data (Surveyrs, Environmental Scan, etc: N/A Item Summary/Recommendation : The Mayor's Blue Ribbon Panel on North Beach Revitalization (the "Panel") has begun to identify a number of items that could immediately help in the revitalization efforts. One such recommendation from the Panel is a series of events, festivals, fairs and other activity to provide year around programming for the community and attract visitors to North Beach. To that end, the Panel recommended obtaining a canopy or other structure able to cover the audience area of the Band Shell. lt is believed that such a cover will protect attendees at events and will encourage use of the facilities as the effects of weather can be mitigated using a canopy. Funding was identified and included as part of a Capital Budget amendment early this year. By means of RFP 2014-290-YG, the City of Miami Beach sought proposals from qualified firms to design, manufacture and install a custom canopy at the North Beach Band Shell facility (the "Facility''). The area of coverage for the canopy is approximately 9,700 square feet. The scope of the project consists of the following: . Design and shop drawings . Obtaining all necessary permits . Seek approval of shop drawings from the City . Manufacture canopy . lnstall Canopy . Warranty and maintain for a period of not less than five (5) years. The RFP was issued on July 29, 20'14, with an opening date of September 16,2014. A pre-bid conference to provide information to the proposers was held on August 8,2014. Only one (1) proposalwas received in response to the RFP from Paradise Awnings Corporation. However, the proposed cost significantly exceeded the budget for this project. Therefore, the City Manager recommends the rejection of the proposal received pursuant to the RFP. The Administration will be conducting an industry review meeting to review the specifications and scope of this project in an effort to increase the number of proposals in a forthcoming RFP. After the industry review meeting, the Administration will prepare and issue a new RFP, which will be submitted to the City Commission via a Letter to Commission ("LTC"). RECOMMENDATION ADOPT THE RESOLUTION. Source of Funds: Amount Account 1 N/A N/A 2 OBPI Total Financial lmoact Summarv: T:\AGENDA\201 Shell (Reject Proposal) - Summary.doc 1 4-290-YG Removable-Retractable Beach Band AGENDA ITEM RrrMIAMIBTACHo^rE q40'ly267 MIAMIBEACH City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov COMMISSI MEMORANDUM To: Mayor Philip Levine and Members FRoM: Jimmy L. Morales, City Manager DATE: September30,2014 the City Co SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCE THE RECOMMENDATION OF THE CITY MANAGER TO REJEGT THE SINGLE PROPOSAL RECEIVED, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2014'290'YG: DESIGN, MANUFACTURE AND INSTALL REMOVABLE/RETRACTABLE CANOPY AT THE NORTH BEACH BAND SHELL AND AUTHORIZE THE ISSUANCE OF A NEW RFP. ADM I NISTRATION RECOMM EN DATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Build and Maintain Priority lnfrastructure With Full Accountability BACKGROUND The Mayor's Blue Ribbon Panel on North Beach Revitalization (the "Panel") has begun to identify a number of items that could immediately help in the revitalization efforts. One such recommendation from the Panel is a series of events, festivals, fairs and other activity to provide year around programming for the community and attract visitors to North Beach. To that end, the Panel recommended obtaining a canopy or other structure able to cover the audience area of the Band Shell. lt is believed that such a cover will protect attendees at events and will encourage use of the facilities as the effects of weather can be mitigated using a canopy. Funding was identified and included as part of a Capital Budget amendment early this year. By means of RFP 2014-290-YG, the City of Miami Beach sought proposals from qualified firms to design, manufacture and install a custom canopy at the North Beach Band Shell facility (the "Facility"). The area of coverage for the canopy is approximately 9,700 square feet. The scope of the project consists of the following: . Design and shop drawings . Obtaining all necessary permits . Seek approval of shop drawings from the City . Manufacture canopy . lnstall Canopy . Warranty and maintain for a period of not less than five (5) years. RFP PROCESS The RFP was issued on July 29,2014, with an opening date of September 16,2014. A pre-bid conference to provide information to the proposers was held on August 8,2014. Only one (1) proposal was received in response to the RFP from Paradise Awnings Corporation. However 268 Commission Memorandum - RFP No. 2014-290-YG: Design, Manufacture and lnstall Removable/Retractable Canopy At The North Beach Band Shell September 30,2014 Page 2 the proposed cost in the total amount of $567,850.00 significantly exceeded the available budget for this project in the amount of $100,000.00. Therefore, the City Manager recommends the rejection of the proposal received pursuant to the RFP. The Administration will be conducting an industry review meeting to review the specifications and scope of this project in an effort to increase the number of proposals in a forthcoming RFP. After the industry review meeting, the Administration will prepare and issue a new RFP, which will be submitted to the City Commission via a Letter to Commission ("Lrc"). MANAGER'S DUE DILIGENCE & REGOMMENDATION Adopt the Resolution. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the recommendation of the City Manager to reject the single proposal received, pursuant to Request for Proposals (RFP) No. 2014-290-YG: Design, Manufacture and Install Removable/Retractable Canopy at the North Beach Band Shell and authorize the issuance of a new RFP. JLM/MT/KB/AD/YG T:\AGENDA\2014\September\September 30\Procurement\RFP-2014-29O-YG Removable-Retractable Canopy - North Beach Band Shell (Reject Proposal) - Memo.doc 269 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO REJECT THE SINGLE PROPOSAL RECEIVED, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2014-290-yG FOR THE DESrcN, MANUFACTURE AND INSTALL REMOVABLE/RETRACTABLE CANOPY AT THE NORTH BEACH BAND SHELL AND AUTHORIZE THE ISSUANCE OF A NEW RFP. WHEREAS, Request for Proposals No. 2014-290-YG (the RFP), for the Design, Manufacture and lnstall of a Removable/Retractable Canopy at the North Beach Band Shel!, was issued on July 29, 2014, with a deadline for receipt of proposals of September 16,2014; and WHEREAS, a pre-bid conference to provide information to the proposers was held on August 8,2014; and WHEREAS, the City received a proposal from the following firm: Paradise Awnings Corporation; and WHEREAS, the cost proposal exceeded the budget for this project; and WHEREAS, the Administration received pursuant to the RFP; and submitted by Paradise Awnings significantly recommends the rejection of the proposal WHEREAS, the Administration will be conducting an industry review meeting to review the specifications and scope of this project in an effort to increase the number of proposals in the forthcoming RFP; and WHEREAS, after the industry review meeting, the Administration will prepare and issue a new RFP, which will be submitted to the City Commission via a Letter to Commission ("LTC"); and WHEREAS, after reviewing the Administration's recommendation, the City Manager exercised his due diligence and recommends that the Mayor and the City Commission reject the single proposal received pursuant to this RFP and authorize the issuance of a new RFP. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE GITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager to reject the single 270 proposal received, pursuant to Request for Proposals (RFP) No. Design, Manufacture and lnstall of a Removable/Retractable Beach Band Shell and authorize the issuance of a new RFP. PASSED AND ADOPTED this _ day of ATTEST: 2014-290-YG, for the Canopy at the North 2014. Rafael E. Granado, City Clerk Philip Levine, Mayor T:\AGENDA\20't4\SeptembeASeptember 3O\Procurement\RFP-2014-290-YG Removable-Retractable Canopy - North Beach Band Shell (Reject Proposal) - Resolution.doc APPROVED AS TO FORM & LANGUAGE !- 3.[t[tk Dote 271 THIS PAGE INTENTIONALLY LEFT BLANK 272 COMMISSION ITEM SUMMARY Condensed Title: Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the Administration to develop a new program for expedited lien searches with a turn-around time of one business day; charging customers $250.00 for an expedited certified lien search and $300.00 for an expedited certified lien search including the common area. Item Summary/Recommendation : The Administration recommends that the approve the item. The City of Miami Beach processes approximately 1,600 certified lien searches annually. Current fees for certified lien searches range from $100 to $150, with approximate revenues al$227,500 ln September 2009, the City of Miami Beach established the current fee structure for lien searches. When conducting a certified lien search, City staff research open building permits, code violations, building violations, in addition to unpaid amounts for City. On July 2,2014, City staff conducted an industry meeting for title companies to discuss the City's current lien processes. The top 25 title search lien customers were invited to attend this meeting. During this meeting, as well as, though routine correspondence with title search companies, requests for an expedited 24 hour certified lien service were suggested by the industry. Currently, the City publishes a turn-around time of ten business days for certified lien searches. The actual average turn-around time for these lien searches is approximately five business days. The Administration has analyzed the projected costs and revenues associated with developing a new program for expedited lien searches with a turn-around time of one business day. Administration has additionally surveyed neighboring communities to see what the market is charging, where available, for expedited certified lien searches. It is anticipated that proposed program would entail the efforts of one full{ime entry level position of a Financial Analyst I with a salary of approximately $40,000 and total costs of $70,000. This analysis takes into account the labor costs and benefits, as well as, related materials and overhead associated with processing searches. It is projected that the proposed new program, charging $250 for an expedited certified lien search and $300 for an exoedited certified condominium search. would an additional$75.000. The Finance and Citywide Projects Committee, at their September 24,2014 meeting, be aooroved bv the Commission. Financial lnformation : Source of I IFunds: f- I T t---- , II ll al oBPl I rotal I Financial lmpact Summary: Patricia D. Walker, ext.6461 Department Director f$n$rf lnancial Officer City Manaler GPE IVV- PDW JLM ,\ ,\2014\September 30\ Expedited Lien Fee Summ.doc AGENDA I \R7G oArE ?-30-lv* MIAMIBEACH 273 g MIAMIBEACH City of Miqmi Beqch, I200 Convention Center Drive, Miomi Beoch, Florido 33.l39. www.miomibeochfl.gov COMMISSION MEMORANDUM To: Mayor Philip Levine and Members FRoM: Jimmy L Morales, City Manager DATE: September30,2014 the City MIAM! BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO DEVELOP A NEW PROGRAM FOR EXPEDITED LIEN SEARCHES WITH A TURN-AROUND TIME OF ONE BUSINESS DAY; CHARGING CUSTOMERS $25O.OO FOR AN EXPEDITED CERTIFIED LIEN SEARCH AND $3OO.OO FOR AN EXPEDITED CERTIFIED LIEN SEARCH INCLUDING THE COMMON AREA. ADMINISTRATION RECOMMEN DATION Adopt the Resolution. KEY INTENDED OUTGOME SUPPORTED . Streamline the delivery of services through all departments. BACKGROUND The City of Miami Beach processes approximately 1,600 certified lien searches annually. Current fees for certified lien searches range from $100 to $150, with approximate revenues at$227,500 (Figure 1). Figure 1 - FY 2014115 Lien Revenues Gity of Miami Beach FY 2(,14t15 Gertified Lien Search Revenues (Approximate) ln September 2009, the City of Miami Beach established the current fee structure for lien searches. When conducting a certified lien search, City staff research open building permits, code violations, building violations, in addition to unpaid amounts for City charges (i.e. water, sewer, stormwater, waste, resort tax, special assessments, business tax, and miscellaneous City bills). 274 September 30, 2014 City Commission Memo Ceftified Lien Fee Resolution Page 2 of 3 ANALYSIS On July 2,2014, City staff conducted an industry meeting for title companies to discuss the City's current lien processes. The top 25 title search lien customers were invited to attend this meeting. During this meeting with the title search companies, requests for an expedited 24 hour certified lien service were suggested by the industry. Currently, the City publishes a turn-around time of ten business days for certified lien searches. The actual average turn-around time forthese lien searches is approximatelyfive business days. The industU, as a result of expanded business in the real estate market, as well as, their sensitivity to closing dates, has expressed an interest for a paid expedited certified lien search. The Administration has analyzed the projected costs and revenues associated with developing a new program for expedited lien searches with a turn-around time of one business day. Administration has additionally surveyed neighboring communities to see what the market is charging, where available, for expedited certified lien searches. It is anticipated that proposed program would entail the efforts of one full{ime entry level position of a Financial Analyst I with a salary of approximately $40,000 and total costs of $70,000, This analysis takes into account the labor costs and benefits, as well as, related materials and overhead associated with processing searches. It is projected that the proposed new program, charging $250 for an expedited certified lien search and $300 for an expedited certified condominium search, would generate an additional $75,000 (Figure 2). Figure 2-FY 2014115 Proposed Lien Revenues City of Miami Beach FY 2014t15 Analysis of Proposed Certified Lien Search Revenues The Finance and Citywide Projects Committee, at their September 24, 2014 meeting, approved the proposed program. Lien Searches - Condos $142,500.00 275 September 30, 2014 City Commission Memo Certified Lien Fee Resolution Page 3 of 3 CONCLUSION The City Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, adopt the attached resolution, authorizing the authorizing the Administration to develop a new program for expedited lien searches with a turn-around time of one business day; charging customers $250.00 for an expedited certified lien search and $300.00 for an expedited certified Lien search including the common area. JLM/PDWGE/MM 4 T:\AGENDAUOI4\Ssptember 30, ZOtlt€xpediteO Lien Fee Memo Soptember 10, 2014 276 RESOLUTION TO BE SUBMITTED 277 THIS PAGE INTENTIONALLY LEFT BLANK 278 Condensed Title: Seawall At iqth Street, Further lnCreasinq The Cost Of The Aqreement To $3,006.544. A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And City Clerk To Execute Change Order No. 2 To The Agreement With Bergeron Land Development, lnc., Dated April 30, 2014 (The Agreement), Related To The Completion Of Roadway lmprovements Along 6th Street And West Avenue Between sth And 6th Streets And A New Item Summary/Recommendation : During the construction, it has been determined that drainage improvements along 6"' Street and West Avenue between 5'n and 6'n Streets will require significant removal of the existing pavement to construct the 6th Street storm water pump station. fimng into consideration that the City has already programmed and budgeted a West Avenue and Bay Road Design Build Neighborhood lmprovement project coming up in the fall of 2015 and the condition of the City's infrastructure on Alton Road, and Public Works staff recommends that both drainage and neighborhood improvements are dealt with at the same time, in order to minimize construction impacts along these neighborhood corridors. The City is submitting a request to execute Change Order No. 2, for an additional scope of services to be performed by Bergeron (ATTACHMENT A) along 6tn Street and West Avenue between Sth and 6th Streets. The work shall include the replacement of City underground utilities and other aspect of a typical neighborhood improvement project: street lighting, sidewalk replacement, roadway reconstruction and landscaping. ln addition to this work on 6th Street, it was found during the construction of the 14th Street pump station that the existing seawall had a crack and the seawall required replacement. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. AGEHDA trEM fql H COMMISSION ITEM SUMMARY Ensure value and of oualitv Caoital Proi Data (Survevs. Environmental Scan. etc.): N/A Financial lnformation: Source of Funds: Amount Account 1 $ 62.280 365-2336-069355 2 $ 30,000 304-2336-061657 3 s 1.278.417 384-2336-061 357 4 s 252.102 424-2336-061357 { <lt/\)5 $ 8.801 428-2336-061357 \#/6 $ 694.944 431 -2336-061 357 7 $ 600.000 South Pointe Caoital 8 $ 80.000 435-2473-069357oBPr I I$3,OOO,Saa Financial lmpact Summary: I Total ts Eric T.ext.6012 (B MIAMIBEACH oxre l- 3o'ltf279 g MIAMIBEACH City of Miomi Beoch, ,l700 Convention Cenler Drive, Miomi Beoch, Florido 33.l 39, www.miomibeochfl.gov COMMISSJON MEMORANDUM TO:Mayor Philip Levine and Members q the City FROM: Jimmy L. Morales, City Manager DATE: September30,2014 SUBTECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CHANGE ORDER NO. 2 TO THE AGREEMENT WITH BERGERON LAND DEVELOPMENT, !NC., DATED ApRtL 30, 2014 (THE AGREEMENT), RELATED TO THE COMPLETION OF ROADWAY TMPROVEMENTS ALONG 6TH STREET AND WEST AVENUE BETWEEN sTH AND 6TH STREETS AND A NEW SEAwALL AT 14TH STREET, FURTHER INCREASING THE COST OF THE AGREEMENT TO $3,006,544. ADMI NISTRATION RECOMMENDATION The Administration recommends adopting the Resolution FUNDING FY 2013t14 Amount $ 80,000 $ 62,280$ 30,000 $ 1,278,417 $ 252,102 $ 8,801 $ 694,944$ 600.000 $ 3,006,544 BACKGROUND At its February 12, 2014 meeting, Resolution number 2014-28498 was adopted by the City Commission, accepting the findings and recommendation of the City Manager in declaring an emergency, pursuant to Subsection 287.055(9Xc)(6)(aX1) of the Florida statute, and as permitted, pursuant to Section 2-367(e) of the City Code, waiving, by 5/7ths vote, the competitive bidding requirement, and authorizing the City Manager to take the following actions: To procure the necessary emergency design and construction services, pursuant to a negotiated design-build contract for the remaining stormwater pump stations for 6th, 1Oth and 14tn Streets, with Bergeron Land Development, lnc. (Bergeron), an Florida Department of Transportation (FDOT) contractor for the Alton Road lmprovements Project, in an amount not to exceed $11,250,000 to: 1) Prepare, whether through the City's Public Works Department or Account Number 435-2473-069357 365-2336-069355 304-2336-061657 384-2336-061 357 424-2336-061357 428-2336-061357 431 -2336-061 357 South Pointe Caoital Total 280 Commission Memorandum -Bergeron pump sfafions lmprovements - Change Order No. 2 Page 2 of 3 through retention of a professional outside design consultant, as determined by the City Manager, a Design Criteria Package (DCP) which complies with the specification set forth under Section 287.055(2)O of the Florida Statue; 2) Upon completion of the DCP, authorizing the City Manager to negotiate and, if successful, execute a design-build contract with Bergeron for the project, with a guaranteed maximum price (GMP) for services; and further, if the City Manager is successful in negotiating the contract, authorizing the Mayor and City Clerk to execute the contract. As a continuation of the initiative to protect residents from tidal flooding within the City of Miami Beach, and to improve the overall stormwater conveyance and discharge, the Public Works Department requested an addition to the scope of work in the existing Bergeron contract. At its June 11,2014, the City Commission approved Resolution No. 2014-28636, authorizing the Mayor and City Clerk to execute Change Order No. 1 to the Bergeron agreement, dated June 11,2014i said change order, in the amount of $1,000,000, plus a project contingency in the amount of $100,000, for a total cost of $1,100,000, for taking over additional services related to a prior contract with Ebsary Construction, which reached an impasse; with such additional services to include: a seawall construction at 1Oth Street, construction of an FDOT outfall per the current 1Oth Street Joint Participation Agreement (JPA), converting a Bay Road pump station to direct discharge to the bay at 14th Street, and installing additional check valves at various locations requiring protection from tidal flooding. CURRENT STATUS During the construction, it has been determined that drainage improvements along 6th Street and West Avenue between Sth and 6th Streets will require significant removal of the existing pavement to construct the 6th Street storm water pump station. Taking into consideration that the City has already programmed and budgeted a West Avenue and Bay Road Design Build Neighborhood lmprovement project coming up in the fall of 2015 and the condition of the City's infrastructure on Alton Road, and Public Works staff recommends that both drainage and neighborhood improvements are dealt with at the same time, in order to minimize construction impacts along these neighborhood corridors. The City is submitting a request to execute Change Order No. 2, for an additional scope of services to be performed by Bergeron (ATTACHMENT A) along 6th Street and West Avenue between Sth and 6th Streets. The work shall include the replacement of City underground utilities and other aspect of a typical neighborhood improvement project: street lighting, sidewalk replacement, roadway reconstruction and landscaping. ln addition to this work on 6th Street, it was found during the contruction of the 14th Street pump station that the existing seawall had a crack and the seawall required replacement. CONGLUSION The Administration recommends adopting the Resolution. JLM/MT/ETC/BAM/FRS T:\AGENDA\2014\September\Publlc Works\Bergeron Pump Stations Poect Change Order No 2 Memo.docx 281 RESOLUTION TO BE SUBMITTED 282 R9 NEW BUSINESS AND COMMISSION REQUESTS 283 R9 - New Business and Commission Requests RgA Discussion Regarding Planning Department Evaluation Of The Fee ln Lieu Of Parking Program ('PlF"). (Planning) (Continued from September 17,2014 - RgF) (Memorandum to be Submitted in Supplemental) Agenda Item R 9A Date 430',lV284 THIS PAGE INTENTTONALLY LEFT BLANK 285 MIAMIBEACH City of Miomi Beoch, 1 700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov COMMISSION MEMORANDUM TO:Mayor Philip Levine and Members of FROM: Jimmy L. Morales, City Manager DATE: September30,2014 SUBJECT: AUTHORIZATION OF SCOPE OF FOR ZYSCOVICH, ING. WASHINGTON AVENUE VISION AND MASTER PLAN ANALYSIS . PHASE II BACKGROUND On May 21, 2014, the City Commission referred a discussion item to the Land Use and Development Committee (ltem C4B), regarding the creation of an FAR Overlay District for Washington Avenue, in order to encourage and promote appropriate and well planned development. On July 9, 2014lhe Land Use Committee discussed the proposal, and continued the item to September 3,2014 for a progress report. On July 23, 2014, the City Commission directed the Administration to retain a professional architect from the rotating list of professionals. Zyscovich was retained and has begun work on the initial (Phase l) massing studies for Washington Avenue. On August 20, 2014, the Land Use Committee received an update from the Administration on the progress of the massing studies for Washington Avenue, and recommended that the Administration begin negotiations with Zyscovich for a 2nd phase for Washington Avenue, involving a more detailed block and vision analysis. The Mayors Blue Ribbon Panel for Washington Avenue has been formed. The first meeting of the panel took place on September 8, 2014, at the Miami Beach Golf Course. The second meeting is scheduled for October 16, 2014. ANALYSIS The Planning Department has been studying ways to encourage and promote appropriate, context sensitive redevelopment along Washington Avenue. The goal for Washington Avenue is to incentivize uses and redevelopment that allow for a more active street during all hours of the day. Currently certain portions of Washington Avenue are only activated during night time hours (11:00 pm until 5.00 am), as they are dominated by night time entertainment uses. Additionally, a number of existing buildings are underdeveloped from a floor area stand point, and modest increases in floor area could be easily accommodated along the east side of Washington Avenue between 6th Street and Lincoln Road, as it is a very wide thoroughfare. As indicated previously, two options for overlay districts have been analyzed in order to address the concerns for Washington Avenue from 6th Street to Lincoln Road. The overlays include: Agenda ltem , R4 iDate Q-io-l?286 Commission Memorandum September 30,2014 Washington Avenue Analysis - Phase ll Page 2 of 2 1) An overlay district that allows for a unilateral increase in the maximum Floor Area Ratio (FAR) for properties along the east side of Washington Avenue. 2) A Transfer of Development Rights (TDR) program where 'contributing' sites on the west side of Washington Avenue could transfer surplus development rights to properties on the east side of Washington Avenue. ln accordance with the City Charter, either FAR option noted above would require a ballot referendum. Should the public approve of the program, implementing legislation would have to be adopted. Additionally, as part of either scenario, use regulations would have to be established for development availing themselves of any floor area benefits in order to prevent the nuisance uses that currently line the corridor. SUMMARY Attached, dated September 15, 2014, is the proposed expanded scope of services for Washington Avenue, prepared by Zyscovich, lnc. GONCLUSION The Administration recommends that the City Commission discuss the item further. lf there is consensus on the revised scope of services for Phase l! of the Washington Avenue Analysis, as prepared by Zyscovich, lnc., the Administration recommends that the item be authorized for fundino^ -ifr,ll JLtfi:JM{:rRM T:\AGENDA\2014\SeptembeASeptember 30\Washington Avenue Analysis - Zyscovich Phase ll MEMO.docx We ore committed to providing excellent public service ond sofery rc oll who live, work, ond ploy in our vibront, fropicol, historic communily 287 RDA 288 MIAMI BEACH REDEVELOPMENT AGENCY ITEM SUMMARY Condensed Title: A Resolution of the Chairperson and Members of the Miami Beach Redevelopment Agency adopting and appropriating the operating budgets for the City Center Redevelopment Area, the Anchor Shops and Parking Garage and the Avenue Shops and for Fiscal Year 2014115. Item Summary/Recommendation : The proposed budget for the City Center Redevelopment Area for Fiscal Year2014l15 has been prepared to coincide with the overall City budget process, and is being presented to assist in providing a comprehensive overview of the district. Additionally, the revenues and expenses associated with the operations of the Anchor Shops and Parking Garage as well as the Pennsylvania Avenue Shops and Garage are presented as separate schedules so as to eliminate any perception that proceeds from the Facility's operations are pooled with TIF and other Trust Fund revenues. Based on the 2014 Certification of Taxable Value from the Property Appraiser's Office, the preliminary value of property in City Center is $4,186,683,074, an increase of 8.1o/o over20'13. However, as in previous years, the City has received correspondence from the County, advising of the finalization of the tax roll for the prior year, which in the case of FY 2012113, reflects a decrease from the preliminary valuation for the same year and will result in a corresponding adjustmenUreduction in TIF revenues totaling $2,447,O0Ofor2O14l15,versus $168,000 for2013/14and $3.5 million for 2012113. Additional sources of revenue include alz mill levy in the amount of $1.8 million, to be 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 estimated $25,000 in interest income. The total proposed FY 2014115 City Center Redevelopment Area Budget is $38,519,000. ln order to address the existing and future obligations of the Redevelopment Area, it is recommended that the Redevelopment Agency adopt the attached Resolution which establishes the operating budgets for the City Center Redevelopment Area, the Anchor Shops and Parking Garage and the Pennsylvania Avenue Shops and Garage for FY 2014t15. Enhance Beauty and Vibrancy of Urban And Residential Neighborhoods; Focusing on Cleanliness, Historic Assets, ln Select Neighborhoods And Redevelopment Areas. Data (Surveys, Environmental Scan, etc.): One out of ten residents (10%) feels the best way to improve the overall quality of life in Miami Beach is to increase CiW beautification and cleanliness. Financial lnformation: Source of Funds: Amount Account 1 $38,519,000 City Center Redevelopment Area Fund 2 $ 6,395,000 Anchor Shops and Parking Garage Operations 3 $ 1,681,000 Pennsylvania Avenue Shops and Garage Operations OBPI Total $46,595,000 Financial lmpact Summary: Max Sklar, Georgette Daniels and John Woodruff 30\RDA Budget 2014_15 SUM AGEilBA ITEIII t4 ?801q# MIAMIBHACH Bf,TE 289 g MIAMIBEACH City of Miqmi Beoch, 1700 Convention Cenler Drive, Miomi Beoch, Florido 33139. www.miomibeochfl.gov REDEVELOPMENT AGENCY MEMORANDUM TO: Chairperson and Members of the Miami Agency FROM: Jimmy L. Morales, Executive Director DATE: September30,2014 SUBJECT: A RESOLUTION OF THE CHAIR AND MEMBERS OF THE MIAMI BEACH AND APPROPRIATING THE OPERATINGREDEVELOPMENT AGENCY, BUDGETS FOR THE CITY CENTER REDEVELOPMENTAREATHE ANCHOR SHOPS AND PARKING GARAGE AND THE PENNSYLVANIAAVENUE SHOPS AND GARAGE FOR FISCAL YEAR 2014115. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The proposed budget for the City Center Redevelopment Area (RDA) for Fiscal Year 2014115 has been prepared to coincide with the overall City budget process, and is being presented today to assist in providing a comprehensive overview of the district. Please refer to Attachment A for the proposed budget details. Revenues Based on the 2014 Certification of Taxable Value from the Property Appraiser's Office, the preliminary value of propefi in City Center is $4,186,683,074 an increase of 8.1o/o oyer 2013, marking the fourth year in a row values have increased; values seem to be back on the rise, following two years of decline. However, as in previous years, the City has received correspondence from the County, advising of the finalization of the tax roll for the prior year, which in the case of FY 2012113, reflects a decrease from the preliminary valuation for the same year and will result in a corresponding adjustmenUreduction in TIF revenues totaling $2,447,000 for 2014115, versus $168,000 for 2013114 and $3.5 million for 2012113. Additional sources of revenue include aYz mill levy in the amount of $1.8 million, to be 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 estimated $25,000 in interest income. Expenditures Project-related expenses account for approximately $10.3 million, which includes $4.5 million to be allocated for community policing initiatives in the City Center to continue providing enhanced levels of staffing and services throughout the area, and $5.7 million for maintenance of RDA capital 290 September 30, 2014 Red eve I op me nt Age ncy Me morand u m Operating Budget for City Center for FY 2014/15 Page 2 of 2 projects. Administrative Expenses total $1,403,000 comprising a management fee of $972,000 which is allocated to the General Fund to pay for direct and indirect staff support for the RDA; $406,000 for actual operating expenses; and $25,000 for capital renewal and replacement projects under $25,000. lt should be noted that the Management Fee allocation is reflective of actual city resources applied to the operation of the RDA, as supported by the RSM McGladrey Cost Allocation Study, dated July 20, 2009. !t should further be noted that Administrative and Operating expenses account for less than four percent (3.7o/o) of the total budget, which is well below the 20% threshold level established (and permitted) in the lnterlocal Agreement between the City and the County. The current combined debt service on the 2005 Series Bonds and the Parity Bonds accounts for approximately $8.5 million annually. City Centeralso continues assuming debtservice 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, which collectively account for approximately $1.3 million. Reserve line item expenditures include those items that, pursuant to the existing Bond Covenants, may only be expended once the annual debt service obligations have been met. These include the County's administrative fees, equivalent to 1.5o/o of its respective TIF payment; and the corresponding contribution to the City's General Fund, equivalent to 1 .5o/o of the City's share of its TIF payment; and the remittance of theYz milltax levy back to the Children's Trust. ln addition, the proposed budget includes $14,585,000 in funding towards the new debt service anticipated for the remaining projects in the City Center Capital Plan, as well as for $274.3 million in debt for the Convention Center Expansion and Renovation Project, consistent with the terms being negotiated with Miami-Dade County. The remaining Capital Projects includes: Bass Museum lnterior Space Expansion Convention Center Lincoln Rd Connectors & 17th St N. lmprovement Penn Ave to Wash Lincotn Rd / Washington Ave to Lenox Ave S3,7so,ooo S12,ooo,ooo S2o,ooo,ooo The authorizing documents for the additional debt will be presented at a later date once the debt structure has been finalized and negotiations with Miami-Dade County concluded. The revenues and expenses associated with operations of the City Center area Shops and Garages are presented as separate schedules in order to eliminate any perception that proceeds from the facilities'operations are pooled with TIF and other Trust Fund revenues: Anchor Shops and Parking Garage Garage revenues at the Anchor Garage are projected at approximately $5.4 million, with operating expenses, (including depreciation, contractual revenue-sharing obligations with Loews and general fund administrative fees) of approximately $3 million, and an allocation of $2,069,000 for construction on the Collins Park Garage. The Anchor retail operations is expected to generate $886,000 in revenues, including interest, with operating expenses and depreciation totaling $141,000, renewal & replacement projects totaling $650,000, as well as projected reserves of $95,000. Additionally, $338,000 in transfers to the Pennsylvania Avenue Garage/Retail is budgeted to offset the RDA's estimated costs associated with the retail and parking operations. 291 September 30, 2014 Red evel op me nt Age ncy Me morand u m Operating Budget for City Center for FY 2014/15 Page 3 of 3 Pennsylvania Avenue Shops and Garage ln consideration of the fact that the Pennsylvania Avenue Shops and Garage was built by the RDA on City-owned property, the operation of the facility has been structured in the form of a ground lease between the City and the RDA, providing terms for both the Garage and Retail operations. The garage operations include base rent and an administrative fee, consistent with that of the Anchor Garage, Parking's operational fee, and revenue sharing between the City and the RDA. The Retail operations also include base rent and an administrative fee, as well as a retail lease rate based on 2010 retail market cap rates. The retail operations also include revenue sharing between the City and the RDA. Based on estimates of the garage's current-yearoperating results, and taking into consideration the successful execution of a lease agreement with Penn 17, LLC., for the entire retail space, the facility is anticipated to generate $1,343,000 in revenues inFY 2014/15, comprising $703,000 in parking revenues and $640,000 in retail income. However, since the facility is still anticipated to operate at a loss during FY 2014115, the Anchor Garage/Retail plans to subsidize its operations through a transfer of $338,000 to the parking operations. Expenses for the facility are budgeted at $1.6 Million, comprising $1,041,000 in direct operating costs for the garage and $640,000 in lease term-related obligations. CONCLUSION The proposed FY 2014115 City Center Redevelopment Area Budget is $38,519,000. The Anchor Garage & Shops is $6,395,000 and the Pennsylvania Avenue Garage & Shops is $1,681,000. ln order to address the existing and future obligations in the Redevelopment Area, it is recommended that the Redevelopment Agency adopt the attached Resolution, which establishes the operating budgets for the City Center Redevelopment Area, the Anchor Shops and Parking Garagel{nd the Pennsylvania Avenue Shops and Garage for FY 2014115. ttr,tv@tts Attachment T:\AGENDA\201 4\September\September 30\RDA Budget memo 201 4_15.doc 292 RESOLUTION NO. A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF TH E M!AM! BEACH REDEVELOPM ENT AG ENCY ADOPTING AN D APPROPRIATING THE OPERATING BUDGET FOR THE CITY CENTER REDEVELOPMENT AREA , THE ANCHOR SHOPS AND PARKING GARAGE, AND THE PENNSYLVANIA AVENUE SHOPS AND PARKING GARAGE FOR FISCAL YEAR 2014115. WHEREAS, the proposed City Center Redevelopment Area Budget has been prepared to coincide with the overall City budget process; and WHEREAS, the proposed City Center Redevelopment Area Budget reflects anticipated construction project costs in addition to operating and debt service costs for Fiscal Year 201412015; 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 forthe fiscalyear; and WHEREAS, the Executive Director of the Miami Beach Redevelopment Agency recommends approval of the proposed Fiscal Year 2014/15 budgets for the City Center Redevelopment Area, as well as for the Anchor Shops and Parking Garage and the Pennsylvania Avenue Shops and Garage; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE GHAIRPERSON AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENTAGENCY, thatthe Chairperson and Members hereby adopt and appropriate the operating budget for the City Center Redevelopment Area, the Anchor Shops and Parking Garage, and the Pennsylvania Avenue Shops and Garage for Fiscal Year 2014115, as follows: City Center Redevelopment Area Anchor Garage Parking Operations Anchor Garage Retail Operations Pennsylvania Avenue Garage Parking Operations Pennsylvania Avenue Garage Retail Operations $38,519,000 $5,491,000 $904,000 $1,041,000 $640,000 PASSED AND ADOPTED this _ day of September,2014. Philip Levine, Chairperson ATTEST: Rafael E. Granado, Secretary KB:MAS T:\AGENDA\201 4\Septembe^September 30\RDA BUDGET RESO 201 4 1 5.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 293 Miami Beach Redevelopment Agency City Center Redevetopment Area Proposed FY 2014115 Operating Budget Revenues and Other Sources of lncome Tax lncrement - City Proj Adjustment to City lncrement Tax lncrement - County Proj Adjustment to County lncrement 50% Contribution from Resort Tax '112 Mill Children's Trust Contribution lnterest lncome Fund Balance Reallocation: (Non-TlF) Fund Balance Renewal and Replacement Other lncome/Adjustments: TOTAL REVENUES Admin/Operating Expenses Management fee (salaries & benefits) Salaries and Benefits Advertising & promotion Postage & mailing Office supplies & equipment Other Operating Meetings & conferences Dues & subscriptions Licences & Taxes Audit fees Professional & related fees Repairs and Maintenance lntemal Services Total Admin/Operating Expenses Project Expenses Community Policing 168-1 124 Capital Projects Maintenance: Code:168-9963 Property Mgmt 168-9964 Sanitation: 168-9965 Greenspace/Parks Maintenance: 168-996X NWS ProjecUlincoln Park Complex Contingency NWS Project - Grant-in-Aid Transfer to Penn Garage Parking Transfer to Penn Garage Retail Transfer to Renewal and Replacement Transfer to Capital Projects Total Project Expenses Reserves, Debt Service and Other Obligations Debt Service Cost - 2005 + Parity Bonds City Debt Service - Lincoln Rd Project City Debt Service - Bass Museum Reserve for County Admin Fee Reserve for CMB Contribution Reserve for Children's Trust Contribution Reserve -Prior Year Fund Balance/Future Capital Projects Repayment-Prior Yr Fund Balance Reserve Capital Projects /Debt Service/ Contingenry Total Reserves, Debt Service and Other Obligations TOTAL EXPENSES AND OBLIGATIONS REVENUES - EXPENSES FY11t12 Actual FY 2012113 Actual FY 2013111 FY 20',14t15 Budgeted Variance Adopted Proposed From FY 13114 $ 18,337,693 $ (1,756,457) 14,291,236 (1,367,157) 4,925,168 1,481,O04 8,278 19,188,399 $ (1,870,542) 14,817,619 (1,633,395) 5,546,756 1,570,405 27,925 19,934,000 $ (94,000) 15,992,000 (74,000) 5,386,000 1,831 ,000 25,000 21,691 ,000 (1,381 ,000) 17,400,000 (1,066,000) 1,850,000 25,000 $ 1,757,000 (1,287,000) 1,408,000 (992,000) (5,386,000) 19,000 5,19;999,79'l $ 35,924,961 $ 38,646,958 $ 43,000,000 $ 38,s19,000 $ 952,889 $ $59,601 2,269 79; 20,260 175,373 31,489 33.938 976,000 $ 46,614 1,563 753 200 128,729 20,500 529,447 32,487 1 08.143 1,043,000 $ 155,000 50,000 3,000 4,000 1,000 1,000 2,O00 21,000 629,000 25,000 27.OOO 972,000 $ 50,000 1,000 2,000 1,000 1,000 2,000 60,000 23,000 213,000 2s,000 53.000 (4,481,000) (71,000) (1s5,000) (2,000) (2,000) 60,000 2,000 (416,000) 26.000 13,541,301 14,238,000 18,443,000 - (18,443,000) $ 21,429,123 $ 23,024,087 $ 28,038,000 $ 10,319,000 $ (17,719,000) 1,276,614 $ 3,411,726 $ 1,013,473 2,560,468 506,242_ 48,801 347,',t',t2_ 8,548,105 $ I ,1 03,366 502,746 193,861 248,719 1 ,481,004 1.451.823 1,844,435 $ 3,702,342 $ 1,061,027 2,536,108 556,555 225,O55 705,OO; 8,524,081 $ 785,000 503,000 197,718 260,774 1,570,405 1,961,000 $ 4,19s,000 $ 1 ,'t 76,000 3,020,000 832,000 305,000 67,00; r,403,000 $ 4,522,000 $ 174,000 1,392,000 3,061,000 1,170,000 8,432,000 $ 832,000 s48,000 245,000 305,000 1,850,000 14,585.000 (558,000) 327,000 174,000 216,000 41,000 338,000 (30s,000) (67,00;) (118,000) 7,000 1,000 6,000 22,000 19,000 (342,000) 14,201,000 8,550,000 $ 825,000 547,000 239,000 283,000 1,831,000 342,000 384,000 $ 13,s29,624 $ 11,840,978 $ 13,001,000 $ 26,797,000 $ 13,796,000 $ $ $ $ 36,235,361 $ (310,400) $ 36,709,500 1,937,458 43,000,000 $-$38,519,000 $-$ 1$ City Center ROAgl24l2014 (4,481,000) 294 Proposed FY 201{15 Anchor Shops and Parking Garage Operating Budget FY11t12 FY 2012t13 FY 2013114 FY 2014115 Variance Actual Actual Adopted Proposed From FY 13/14Revenues: Parking Operations Parking Fund Balance Retail Leasing lnterest Pooled Cash TOTAL REVENUES Operating Expenses: Parking Operations Garage Use Fee (To Loews) Garage Repairs and Maintenance Garage Depreciation Retail Leasing Property Management Fee & Operating Retail Leasing Repair & Maintenance Retail lntemal Service Charges Retail Operations Depreciation Parking Operations Admin Fee to GF Retail Leasing Admin Fee to GF Transfer to Renewal and Replacement Transfer to Capital Projects/RDA Garages Reserve for Future Capital - Parking Operations Reserve for Future Capital - Retail Operations TOTAL EXPENSES REVENUES. EXPENSES Revenues: Parking Operations Retail Leasing Retail Transfer from RDA Operations Parking Transfer from RDA Operations lnterest Pooled Cash TOTAL REVENUES Operating Expenses: Parking Operations Expenditures Parking Admin/Base Fee Garage Ground Lease Parking Base Rent Addfl/Percentage Rent Garage Management Fee Retail Additional Base Rent Retail base Rent Retail Admin Fee Depreciation L6asing Commissions & Operating Admin Fee (GF) Retail Contingency TOTAL EXPENSES REVENUES.E)(PE'VSES 3,079,821 $ 615,016 13,897 3,365,518 $ 766,105 33,480 3,130,000$ 3,518,000$ 388,000- 1,973,000 1,973,000847,000 876,000 29,000 18,000 28,000 10,000 223,962 Proposed FY 2014115 Pennsylvania Ave Shops and Garage Operating Budget FY1',U12 $ 3,708,734 $ $ 1,264,875 $ M0,241_ 62,619 66,109 55,396 196,740 147,123 347,112 346,000 492 4,165,103 $ 2,062,965 570,038 106,281 52,1 09 35,232 55,396 223,OO0 14,000 371,640 225,055 1,206 3,995,000 $ 1,627,000 $ 507,000 37,000 451,000 32,000 19,000 55,000 224,O00 10,000 220,OOO 72.000 656,000 550,000 305,000 6,395,000 $ 1,689,000 $ 591,000 128,000 470,000 32,000 25,000 19,000 55,000 224,000 10,000 650,000 2,407,000 2,400,000 62,000 84,000 91,000 19,000 32,000 (7,000) 430,000 2,407,000 (72,000) - - 741,000 95,000 (646,000) $ 2,309,942 $ 3,133,021 $ 3,995,000 $ 6,39s,000 $ 2,400,000 1,398,792 $1,032,082 $ Actual $ 618,961 $702,181 $ FY 2012t13 FY 2013t14 FY 2014115 Actual Variance From FY 13/14 703,000 640,000 338,000 $ 47,000 90,000 33,000 1.459,688 $ 723,O29 45,368 23,552 23,552 47,604 15,592 276,448 11,137 11,851 303,400 3,864 1,461,84s (2,157) 1,300,082 $ 729,260 $ 45,368 22,731 22,731 53,302 2,970 277,269 11,851 52,418 1,183,318 $ 116,76,4 I 822,000 56,000 23,000 23,000 60,000 't 36,000 229,OOO 896,000 57,000 23,000 23,000 65,000 229,000 205,000 170,000 74,000 5,000 93,000 (24,000) 8,000 170,000 1,511,000 $1,681,000 $ 51,000 59,000 134 147 1,511,000 1,681,000 1$ City Center RDAgl24l2O14 295 THIS PAGE INTENTIONALLY LEFT BLANK 296 REDEVELOPMENT AGENCY ITEM SUMMARY Condensed Title: A resolution of the Chairperson and Members of the Miami Beach Redevelopment Agency, adopting and appropriating the Miami Beach Redevelopment Agency Capital Budget for Fiscal Year (FY) 2014115 and the Capital lm Plan for FY 2014115-2018119 Ensure well designed quality capital projects -- lncrease Community Satisfaction with City Services Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2012communitysurvey, recently completed capital projects were highly rated by both residents and businesses. lnthe2012 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 CIP was created as a plan for projects that require significant capital investment and is intended to serve as an official statement of public policy regarding long-range physical development in the City of Miami Beach and the Miami Beach RDA, establishing priorities for the upcoming five year period, FY 2014115 - 2018119. The first year of the CIP is recommended for approval as the FY 2014115 Capital Budget. The Proposed City Center RDA Capital Budget for FY 2014115 therefore totals $310.050 million and the Proposed FY 2013114 Capital Budget for the RDA Anchor Garage totals $2.719 million. The FY 2014115 proposed Capital Budget includes: Miami Beach Convention Center Expansion & Renovation; Convention Center Lincoln Rd Connectors; 17th Street North lmprovements; Refurbishment of Lincoln Road strian mallfrom Washi Avenue to Lenox Avenue: and the Bass Museum lnterior On July 16,2O14, the Proposed Capital Budget and updated Capital lmprovement Plan were discussed at meetings of the Finance and Citywide Projects Committee and the proposed Capital Budget and CIP reflects the fundinq recommendations from that Financial lnformation : Source of Funds: Amount Account 1 $310,050.000 Prooosed Future RDA Bondslpal- oBPl-2 $ 2,719,000 RDA Anchor Garage Total $312,769,000 Financial lmpact Summary: Max Sklar Daniels and John Woodruff T:\AGENDA\2014\September\September 30\RDA Capital Budget Summary 14_15.doc AGE''TDA,,'* I6($ MIAMI BHACH alrre q-3o-lV 297 C MIAMIBEACH €iiy of Miomi Beoch, I700 Convenlion Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: Chairperson and Members of the Miami Agency FROM: Jimmy L. Morales, Executive Director DATE: September30,2014 SUBJECT: A RESOLUTION OF THE C AND MEMBERS OF THE MIAM! BEACH REDEVELOPMENT AGENCY, ADOPTING AND APPROPRIATING THE MIAM! BEACH REDEVELOPMENT AGENCY CAPITAL BUDGET FOR FISCAL YEAR (FY)2014115 AND ADOPTTNG THE CAPTTAL TMPROVEMENT PLAN FOR FY 2014t15 -2018t19 ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND Planning for capital improvements is an ongoing process; as needs change within the City's Redevelopment District ("RDA"), capital programs and priorities must be adjusted. The Capital lmprovement Plan ("ClP") serves as the primary planning tool for systematically identifying, prioritizing and assigning funds to critical City and RDA capital development, improvements and associated needs. The RDA capital improvement plan process began in the spring when all departments are asked to prepare capital improvement updates and requests on the department's ongoing and proposed capital projects. lndividual departments prepare submittals identifying potential funding sources and requesting commitment of funds for their respective projects. The proposed document is reviewed by the City Manager, and upon approval, is submitted to the Finance and Citywide Projects Committee and the City Commission/Redevelopment Agency Board for final approval and adoption. The CIP was created as a plan for projects that require significant capital investment and is intended to serve as an official statement of public policy regarding long-range physical development in the City of Miami Beach. The CIP specifies and describes the City's capital project plan and establishes priorities for the upcoming five year period. lndividual projects within neighborhood areas have been combined to create "packages" of projects that address the neighborhood needs for infrastructure upgrades, traffic flow, enhancements, etc. This comprehensive approach minimizes disruptions and generates costs savings. The projects address many needs in different areas of the City including: neighborhood enhancements such as landscaping, sidewalk restoration, traffic calming, lighting, parking, water and sewer system improvements, drainage improvements and roadway resurfacing/reconstruction; park renovation and upgrades; and construction or renovation of public facilities. 298 City Commission Memorandum Resolution Adopting FY 201 4/1 5 Capital Budget and FY 2014/1 5 - 201 8/19 CIP for the RDA September 30, 2014 Page 2 The Administration is presenting the proposed FY 201 4115 Capital Budget and the updated CtP for FY 2014115 - 2018119, following a comprehensive review of the CIP to insure that the PIan accurately reflects all project budgets, funding sources and commitments, for adoption by the City Commission. ANALYSIS Gapital lmprovement Plan The FY 2014115 - 2018/19 CIP for the City of Miami Beach and the RDA is a five year plan for public improvements and capital expenditures by the City and the RDA. This document is an official statement of public policy regarding long-range physical development in the City of Miami Beach and the RDA. The approved Capital lmprovement Plan has been updated to include projects that will be active during FY 2014115 - 2018119. The Plan has been updated to include additionalfunding sources that have become available, changes in project timing, and other adjustments to ongoing projects as they have become better defined. Certain adjustments have been made to reflect projects that have been reconfigured, re-titled, combined with or separated from other projects and/or project groupings and are the result of a comprehensive review of the program to insure that our plan accurately reflects all project budgets, funding sources and commitments. Available Capital Funding Funding for capital projects in the City Center RDAwill come from Proposed Future RDA Bonds and the RDA Garage Fund. Proposed RDA Capital Budget The City Center RDA FY 2014115 proposed Capital Budget includes: Bass Museum lnterior Space Expansion S3,75o,ooo Convention Center Lincoln Rd Connectors & 17th St N. lmprovement Penn Ave to Wash 512,000,000 Lincoln Rd / Washington Ave to Lenox Ave 520,000,000 Convention Center Expansion & Renovation 5274,300,000 The RDA Garage Fund which is separate because it is not part of the Tax increment funding of the RDA has proposed renewal and replacement needs totaling $650,000 and $2,069,000 for Collins Park Garage. CONCLUSION: The Administration recommends adoption of the attached Resolution, which establishes the Capital Budget for the RDA for FY 2014115 and the Capital lmprovement Program for FY 20141tr6- 2018t19. ur-nuSnr,rns T:\AGENDA\2O1 3\September 30\RDA Capital budget memo 1 4_1 s.doc 299 RESOLUTION NO. A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY (RDA) ADOPTING AND APPROPRIATING THE MIAMI BEACH REDEVELOPMENT AGENCY GAPITAL BUDGET FOR FTSCAL YEAR (FYl2014t15 AND ADOPTING THE CAPITAL IMPROVEMENT PLAN FOR FISCAL YEARS 2014115 THROUGH 2018t19. WHEREAS,lhe2Q14l15-2018/19 Capital lmprovement Plan (ClP) forthe Miami Beach RedevelopmentAgency (RDA) is a five year plan for public improvements and capital expenditures by the RDA; and WHEREAS, the CIP is an official statement of public policy regarding long-range physical development in the City of Miami Beach; and WHEREAS, the Proposed Capital Budget for FY 2014115 itemizes project funds to be committed during the upcoming Fiscal Year detailing expenses for project components which include architects and engineers, construction, equipment, Art in Public Places, and other project costs; and WHEREAS, on July 16, 2014, funding needs for the FY 2014115 Proposed Capital Budget and CIP were discussed at a meeting of the City of Miami Beach Finance and Citywide Projects Committee and the funding recommendations are reflected in the proposed CIP; and WHEREAS, the proposed RDA Capital Budget for FY 2014115 totals $310.050 million; and WHEREAS, the proposed Anchor Garage Capital Budget for FY 2014115 totals $2.719 million in Renewal and Replacement projects; and WHEREAS, the proposed projects to be appropriated with the FY 2014115 Capital Budget and the CIP for FY's2014115 through 2018119 are set forth in Attachment "A" which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH REDEVLOPMENT AGENGY, that the Chairperson and Members of the Miami Beach Redevelopment Agency hereby adopt and appropriate the Miami Beach RDA Capital Budget for FY 2014115 and the Capital lmprovement Plan for Fiscal Years 2014115 through 2018119. PASSED AND ADOPTED this day of September,2014. Attest: Philip Levine, Chairperson APPROVED AS TO FORM & LANGUAGE & FOR EXECUTIONRafael E. Granado, Secretary T:\AGENDAU014\September\September 30\RDA Capital Budget Reso 14_15 (9-23-14).doc 300 ooooooR h E 88888 t: ; o ooooo d; i F 8p388 I1 o) c.irt{oo dat\FNo) s c! el,(!-o-o N sfsO) oooooc, oooooo ooooo o ooooo o ooooo o oooooct o = ll. o, o c,N G' oN @ oN tr ==DoIr^oY IJ.I =o3 =! =tlLtof LO-b3 o, 5$l(, EN -oQ3t fi{ E5l/)(1)0-^EaE=:8 5E o €Ei 3suJ EdH cl = IBE EE H tEif;f;g? =ZE^ oooH EEqEEP BqZ E E :gE # 5 5 EIo. Z EEEEEi Egs.BEg s Fz ]U =-(.) 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