20150415 SM11915.20r5
MIAMIBEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL 1
City Hall, Gommission Ghambers,3rd Floor, 1700 Convention Genter Drive
April 15,2015
Mayor Philip Levine
Vice-Mayor Jonah Wolfson
Gommissioner Michael Grieco
Commissioner Joy Malakoff
Com missioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vlslf us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all Iobbyists 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 CIerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the Gity
Attorney.
SUPPLEMENTAL AGENDA
C4 - Commission Committee Assignments
C4E Referral To The May 27 ,2015 Land Use And Development Committee Meeting, And The May
26,2015 Planning Board Meeting -Of The Proposed Ocean Terrace Overlay District, Bounded
By 73'd Street On The South, 75th Street On The North, Ocean Terrace On The East And
Collins Avenue On The West.
(Sponsored by Vice-Mayor Jonah Wolfson and Commissioners Michael Grieco & Joy Malakoff)
(Draft Ordinances)
1
R7t
Supplemental Agenda, April 15, 2015
R7G
R7 - Resolutions
A Resolution Creating, Subject To The Approval Of A Majority Of The Affected Property Owners, A
SpecialAssessment District To Be Known As The Lincoln Road Business lmprovement District, For
A Term Of Ten (10) Years, To Stabilize And lmprove The Lincoln Road Retail Business District,
Which ls Located Within A Nationally Recognized Historic District, Through Promotion, Management,
Marketing, And Other Similar Services (The "Services"); Providing For The Levy And Collection Of
Special Assessments ln The Total Amount Of $1 ,426,237 Per Year; lndicating The Location, Nature,
And Estimated Cost Of Those Services Whose Costs Are To Be Defrayed By The Special
Assessments; Providing The Manner ln Which Such SpecialAssessments Shall Be Made; Providing
When Such SpecialAssessments Shall Be Made; Designating The Lands Upon Which The Special
Assessments Shall Be Levied; Providing For Publication Of This Resolution;And Authorizing Related
Actions.
(Office of the City Attorney)
(Memorandum & Resolution)
A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A New Employment
Agreement With City Clerk Rafael E. Granado For A Three (3) Year Term, Commencing On May 1,
2015, And Ending On April 30, 2018.
(Office of the City Attorney)
(Memorandum, Resolution & Employment Agreement)
R9 - New Business and Commission Requests
RgD Report To The City Commission, Pursuant To Section 5.04 Of The City Charter, Entitled "Budget,
Finance And Pre-Collective Bargaining Analysis," Detailing The Current Status And Related Financial
lmpact Of Fringe Benefits, lncluding Pension And Health lnsurance Plans, Provided By The City To
Its Officers And Employees. 10:45 a.m. Public Hearins
(Human Resources)
(Memorandum)
RgL Discussion Regarding The 63'd Street Bridge And The 2016 Yacht Show And Traffic lmpact.
(Requested by Commissioner Michael Grieco)
(ltem returning from March 11,2015 - RgL)
2
DRAFT
COMPREHENSIVE PLAN - OCEAN TERRACE OVERLAY
ORDINANCE NO.
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING POLICY 1.2 OF THE FUTURE LAND
USE ELEMENT OF THE COMPREHENSIVE PLAN PURSUANT TO THEpRocEDURES !N SECTTON 163.3184(3), FLORTDA STATUTES, By
MODIFYING THE MEDIUM INTENSIry COMMERCIAL CATEGORY (CD.2)
AND THE MIXED USE ENTERTAINMENT CATEGORY (MXE) TO ESTABLISH
THE 'OCEAN TERRAGE OVERLAY' !N ORDER TO ALLOW FOR AN F.A.R.OF 3.0 WITHIN ITS BOUNDARIES; PROVIDtNG FOR REpEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTTVE DATE.
WHEREAS, the City desires to encourage private property owners to assemble and
redevelop properties comprehensively rather than piecemeal; and
WHEREAS, the City of Miami Beach seeks to encourage and incentivize new
development within the Ocean Terrace corridor; and
WHEREAS, the City of Miami Beach desires to create an overlay zoning district for the
two-block area located between Ocean Terrace and Collins Avenue in-between 73'd and 75th
Streets; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the above
objectives.
NOW, THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. The following amendment to the Medium Density Commercial Category (CD-2)
and the Mixed Use Entertainment Category (MXE) in Policy 1.2 of the City's Comprehensive
Plan Future Land Use Element is hereby adopted:
Medium lntensity Commercial Category (CD-2)
Purpose: To provide development opportunities for and to enhance the desirability and quality of
existing and/or new medium intensity commercial areas which serve the entire City.
Uses which may be Permitted: Various types of commercial uses including business and
professional offices, retail sales and service establishments, eating and drinking establishments;
apartment residential uses; apartment hotels; and hotels.
Other uses which may be permitted are accessory uses specifically authorized in this land use
category, as described in the Land Development Regulations, which are required to be
subordinate to the main use; and conditional uses specifically authorized in this land use
category, as described in the Land Development Regulations, which are required to go through
a public hearing process as prescribed in the Land Development Regulations of the Code of tne
City of Miami Beach.
Density Limits: 100 dwelling units per acre.
Agenda ltem C?E
Date- l/'lS-lY
130512674;2\
3
DRAFT
lntensity Limits: a floor area ratio of 1.5 for commercial; 2.0 for residential or mixed use-: 3.0 fol
prooerties with a lot size equal to or qreater than 20,000 square feet within the Ocean Terrace
Overlav.
Mixed Use Entertainment Category (MXE)
Purpose: To provide development opportunities for and to enhance the desirability and quality of
existing and/or new mixed use areas which accommodate residential, hotel and commercial
development.
Uses which may be permitted: Apartments, apartment hotels, hotels and various types of
commercial uses including, business and professional offices (but not medical or dental offices),
retail sales and service establishments, and eating and drinking establishments.
Other uses which may be permitted are accessory uses specifically authorized in this land use
category, as described in the Land Development Regulations, which are required to be
subordinate to the main use; and conditional uses specifically authorized in this land use
category, as described in the Land Development Regulations, which are required to go through
a public hearing process as prescribed in the Land Development Regulations of the Code of the
City of Miami Beach.
Density Limits: 100 dwelling units per acre.
lntensity Limits: a floor area ratio of 2.0. 3.0 for oroperties with a lot size equal to or qreater than
20.000 square feet within the Ocean Terrace Overlav.
SECTION 2.
The Ocean Terrace Overlay shall be designated on the City's Future Land Use Map for
the properties identified in the attached map, as Exhibit A, incorporated by reference herein.
SECTION 3. REPEALER.
All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERAB!LITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SEGTION 5. CODIFICATION
It is the intention of the City Commission that this Ordinance be entered into the
Comprehensive Plan, and it is hereby ordained that the section of the Ordinance may be
renumbered or relettered to accomplish such intention; and that the word "ordinance" may be
changed to "section" or other appropriate word. The Exhibits to this Ordinance shall noi be
codified, but shall be kept on file with this Ordinance in the City Clerk's Office.
{30512674;2}
4
DRAFT
SECTION 6. TRANSMITTAL
The Planning Director is hereby directed to transmit this Ordinance to the appropriate
state, regional and county agencies as required by applicable law.
SECTION 5. EFFECTIVE DATE.
This Ordinance shalltake effect 31 days after adoption pursuant to Section 163.3184(3),
Florida Statutes.
PASSED and ADOPTED this day of
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
City Attorney Date
First Readingffransmittal: July 8, 2015
Second Reading/Adoption: December g, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
Strike$+eughdenotes removed la n g u age
2015.
{30st2674;2}
5
DRAFT
OCEAN TERRACE OVERLAY
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 142,'ZONING DISTRICTS AND REGULATIONS",
ARTICLE lII "OVERLAY DISTRICTS", CREATING DIVISION 10 ''OCEAN
TERRACE OVERLAY'" TO MODIFY THE APPLICABLE SETBACKS AND
ALLOWABLE ENCROACHMENTS, INCREASE THE ALLOWABLE HEIGHT
TO 250 FEET FOR RESIDENTIAL USES AND 125 FEET FOR HOTEL USES,
INCREASE THE ALLOWABLE FLOOR AREA TO 3.0, TO LIMIT THE
MAXIMUM FLOORPLATE OF THE TOWER PORTION OF NEW BUILDINGS,
TO PROVIDE A MINIMUM BUILDING SEPARATION FOR THE TOWER
PORTION OF NEW BUILDINGS, TO MODIFY THE ALLOWABLE MAIN,
CONDITIONAL AND ACCESSORY USES; PROVIDING FOR REPEALER;
SEVERABILIW; CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the City desires to encourage private property owners to assemble and
redevelop properties comprehensively rather than piecemeal; and
WHEREAS, the City of Miami Beach seeks to encourage and incentivize new
development within the Ocean Terrace corridor; and
WHEREAS, the City of Miami Beach desires to create an overlay zoning district for the
two-block area located between Ocean Terrace and Collins Avenue in-between 73'd and 75th
Streets; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIry COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142, Article lll entitled "Overlay Districts", Division 10 "Ocean
Terrace Overlay" is hereby created as follows:
DIVISION 10. OCEAN TERRACE OVERLAY
Sec. 142-874. Location and ouroose.
The overlav requlations of this division shall apolv to the properties identified in the Overlav Map
below:
{305 12685;4}
6
{INSERT MAP GRAPHIC FROM CITY}
The purpose of this overlav district is to stimulate neiqhborhood revitalization and encouraoe
new development and renovation of important historic buildinqs within the Ocean Terrace /
Collins Avenue corridor.
Sec. f 42-875. Definitions.
For this Division. the followino definitions shall applv:
IA) Setback. front means that area between the lot lines abuttinq either Collins Avenue or
G) Setback, side interior means that area between the side of the buildinq and the adiacent
side of the lot. and extendino from the front vard to the rear vard thereof. For a lot or
combination of lots that have two front setbacks as defined in this Section. the remainino
vards not facino a street shall be subiect to the side interior setback requirements.
Sec. 142-876. Compliance with requlations.
The followinq overlav requlations shall apolv to the Ocean Terrace Overlav. All development
reoulations in the underlvino requlations shall apolv. except as follows:
(g) Setbacks.(1) Pedestal.
a. Front. 0 feet.b. Side street. 0 feet.c. Side interior.1. For buildinqs situated on properties with an underlvinq
desionation of CD-2. 0 feet.2. For buildinqs situated on properties with an underlvino
desiqnation of MXE. 7.5 feet.
tA Tower.
a. Front.1. For buildinos situated on oroperties with an underlvinq
desiqnation of CD-2. 20 feet.2. For buildinos situated on properties with an underlvino
desiqnation of MXE. 30 feet.b. Side street. 7.5 feet reoardless of the underlvino zonino
desionation.c. Side interior. 20 feet reqardless of the underlvinq zonino
desionation.
IO Subterranean. 0 feet for all vards reqardless of the underlvino zoninq
desiqnation.
(!) Allowable encroachments and proiections within required vards.
(1)
of CD-2, allowable encroachment is 7.5 feet into anv required
vard.
{30s l 2685,4}
Ocean Terrace and the buildinq.
7
DRAFT
b. For buildinqs situated on oroperties with an underlvino desionation
of MXE:1. Allowable front vard encroachment is 15 feet.2. Allowable side interior encroachment is 10 feet.
{A Porches. platforms and terraces are allowed to proiect into a required vard for a
distance not to exceed 50 oercent of the reouired vard uo to a maximum
proiection of 10 feet.
(g) Heiqht.
fl) For main use residential buildinqs: lot area less than 20.000 souare feet-the
maximum heiqht is based on the underlvinq zoninq reoulations: lot area equalto
or oreater than 20.000 square feet-250 feet.
tA For main use hotel buildinqs: lot area less than 20.000 square feet-the
maximum heiqht is based on the underlvino zonino requlations: lot area equal to
or qreater than 20.000 square feet-125 feet.(3) All other buildinqs the maximum heioht is as orovided in the underlvinq zoninq
requlations.
tg The maximum number of stories is 22 stories.
ft[ Floor Area Ratio.
fl) Lot area less than 20,000 souare feet-maximum FAR is based on the
underlvinq zonino requlations.
tA Lot area equal to or qreater than 20,000 square feet-maximum floor area ratio
for all uses is 3.0.
G) Floorplate. The maximum floorolate size for the tower oortion of a buildino is 18,000
square feet. not includinq balconies. This does not applv to contributino historic
structures.
l0 Buildino separation. The minimum horizontal separation between the tower oortion of
two buildinos. excludinq balconies. is 60 feet. However. two buildinqs used as a hotel
mav be connected in the tower portion of the buildinos bv a one-story, enclosed
pedestrian bridoe. The seoaration requirement does not aoplv to distances between two
contributino historic structures or between a contributino historic structure and a new
buildinq.
(g) Permitted Uses.(]) The main permitted uses in the Ocean Terrace Overlav District are:a. Apartments:
b. ApartmenUhotels,c. Hotels:d. Commercial:e. Uses that serve alcoholic beveraoes as listed in article V, division
LA The conditional uses in the Ocean Terrace Overlav District are:a. Public and orivate cultural institutions open to the oublic:b. Banquet facilities. defined as an establishment that orovides
caterinq and entertainment to private parties on the oremises and
are not otherwise accessory to another main use:c. Outdoor entertainment establishments:
{30s I 2685;4}
8
DRAFT
d. Neiohborhood imoact establishments.e. Open air entertainment establishments:f. Main use parkinq qaraqes:
g Public and private institutions.
(3) The oermitted accessorv uses are as provided in the underlvino zoninq districts
and Article lV. Division 2 of this Chapter except as modified herein.a. Accessorv retail uses to a hotel are not subiect to the size
limitation in Section 1 42-904(bX1 Xa).b. Accessory office uses to a hotel are not subiect to the size
limitation in Section 142-904(bX1Xb):c. Solarium, sauna. exercise studio. health club or massaqe service
are not subiect to the location limitation in Section 142-
904(bx1xd):d. Commercial. office, eatinq or drinkino uses that are accessorv to
an apartment buildinq are not subiect to the maximum percentaoe
of subterranean or oround floor area of Section 142-904(bX2Xa).
Office soace is not subiect to the setback location restriction in
Section 142-904(bX2Xa) or Section 142(cX2Xb).e. The restriction that offices can onlv be located in existino
structures in Section 142-904(cX1Xb) does not applv:f. Lobbies do not have to be retained oursuant to Section 142-
904(cXlXc).
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made part of the Code of the
City of Miami Beach, Florida. The sections of this ordinance may 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. SEVERABILIW.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shalltake effect ten days following adoption.
{305 I 2685;4 )
9
DRAFT
PASSED and ADOPTED this day of
ATTEST:
CITY CLERK
First Reading:
Second Reading:
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+rike$reughdenotes removed la n g u age
2015.
MAYOR
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
City Attorney Date
2015
2015
{305 I 268s;a }
10
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l9l5'2ols
\ f1 I
. *., l.';;,i i"..t,,' ,*,l t- .t '" \."-*. ) i
OFFICE OF THE CITY ATTORNEY
RAULJ. AGUILA, CIry ATTORNEY COMMISSION MEMORANDUM
To:
From:
Mayor Philip Levine
Members of the City Commission
Date: April 15,2015
Raul J. Aguila ])"t o*.Jur^r^/o-
City Attorney
Subject A RESOLUTION OF THE MAYOR AND Clry COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CREATING, SUBJECT TO THE APPROVAL
OF A MAJORITY OF THE AFFEGTED PROPERTY OWNERS, A SPECIAL
ASSESSMENT DISTRICT TO BE KNOWN AS THE LINCOLN ROAD
BUSTNESS TMPROVEMENT DISTR|CT, FOR A TERM OF TEN (10)
YEARS, TO STABILIZE AND IMPROVE THE LINGOLN ROAD RETAIL
BUSINESS DISTRICT, WHICH IS LOCATED WITHIN A NATIONALLY
RECOGNIZED HISTORIC DISTRICT, THROUGH PROMOTION,
MANAGEMENT, MARKETING, AND OTHER SIMILAR SERVICES (THE
"SERVICES"); PROVIDING FOR THE LEVY AND COLLECTION OF
SPECIAL ASSESSMENTS IN THE TOTAL AMOUNT OF $1 ,426,237 PER
YEAR; INDICATING THE LOCATION, NATURE, AND ESTIMATED COST
OF THOSE SERVICES WHOSE COSTS ARE TO BE DEFRAYED BY THE
SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH SUCH
SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH
SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING THE LANDS
UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED;
PROVIDING FOR PUBLICATION OF THIS RESOLUTION; AND
AUTHORIZING RELATED ACTIONS.
A. Background
The Lincoln Road Property Owners Association, lnc. ("LRPOA") is a Florida non profit
corporation, which is tax exempt under section 501(c)(6) of the lnternal Revenue Code,
and represents a group of property owners of real estate in the vicinity of, abutting, or
located on Lincoln Road.
Chapter 170, Florida Statutes, authorizes any municipality, subject to the approval of a
majority of the affected property owners, to levy and collect special assessments
Aoenda ltem R7 G
Date-Kjf11
against property benefited for the purpose of stabilizing and improving retail business
districts, wholesale business districts, or nationally recognized historic districts, or any
combination of such districts, through promotion, management, marketing, and other
similar services.
On December 17,2014, and as sponsored by Commissioner Michael Grieco, the Mayor
and City Commission approved Resolution No. 2014-28881, attached hereto and
incorporated herein as Exhibit "A," which, in pertinent part, authorized the City
Manager's Office and City Attorney's Office to work with the LRPOA for the purpose of
establishing a special assessment district pursuant to Chapter 170, Florida Statutes, in
order to stabilize and improve the Lincoln Road retail business district, which is located
within a nationally recognized historic district, through promotion, management,
marketing, and other similar services.
Pursuant to the request of Commissioner Grieco, the attached Resolution is the first
step under Chapter 170, Florida Statutes, for creating the proposed special assessment
district, and is submitted for consideration by the Mayor and City Commission.
B. The Proposed "Lincoln Road Business lmprovement District"
The attached Resolution creates, subject to the approval of a majority of the affected
property owners, a special assessment district, to be known as the "Lincoln Road
Business lmprovement District" (the "District"), for a term of ten (10) years, to stabilize
and improve the Lincoln Road retail business district, which is located within a nationally
recognized historic business district, through promotion, management, marketing, and
other similar services. The Resolution provides for the levy and collection of special
assessments, in the amount of $1 ,426,237 per year; indicates the location, nature, and
estimated cost of those services whose cost are to be defrayed by the special
assessments; provides the manner in which such special assessments shall be made;
provides when such special assessments shall be made; designates the lands upon
which the special assessments shall be levied; provides for publication of this
Resolution; and authorizes related actions.
The proposed material terms for the District are as follows:
1. District Boundaries
The District shall be bounded on the west by Alton Road; on the east by Washington
Avenue; on the north by 17th Street; and on the south by Lincoln Lane South;
provided, however, that the following properties shall be excluded and exempted
from such District: (1) residential properties; (2) properties owned or occupied by a
religious institution and used as a place of worship or education (as defined in
Section 170.201(2), Florida Statutes); and (3) common areas owned by
condominium associations.
12
Pursuant to Section 170.04, Florida Statutes, at the time of the adoption of the
attached Resolution, there shall be on file with the City Clerk an assessment plat
showing the area to be assessed, which assessment plat shall be open to the
inspection of the public. A proposed assessment plat is attached as Exhibit "D" to
the attached Resolution.
2. Term/Duration of the District
The term/duration of the proposed District is ten (10) years.
3. Total Annual Amount of Special Assessments to be Levied and Collected
The total annual amount of special assessments to be levied and collected shall be
$1,426,237 per year.
4. Assessment Methodoloqies
Properties within the District that front Lincoln Road shall be assessed at the rate of
two dollars ($2.00) per square foot of the lot size, based on the size of the ground
floor only. Properties within the District that do not front Lincoln Road shall be
assessed at the rate of twenty cents ($0.201 per square foot of the lot size, based on
the size of the ground floor only. Property owned or occupied by a religious
institution and property owned by a condominium association shall be excluded and
exempted from the District. With respect to 408 Lincoln Road and 1 1 10 Lincoln
Road, the special assessment shall be calculated based on the square footage of
only that portion of property that lies north of Lincoln Lane South.
5. Services to be Provided
The special assessments shall be used to fund those Services described in Exhibit
"B" to the attached Resolution.
G. Procedure for Creating the District, Following the Adoption of the Attached
Resolution
1. Notice Requirement
Upon adoption of the attached Resolution, and pursuant to Section 170.05, Florida
Statutes, the City shall cause the Resolution to be published once a week for a
period of two weeks in a newspaper of general circulation published in Miami-Dade
County.
2. Preliminarv Assessment Roll
Additionally, upon adoption of the attached Resolution, and pursuant to Section
170.06, Florida Statutes, there shall be made available in the City Clerk's Office a
iii13
preliminary assessment roll, in accordance with the method of assessment provided
for in the Resolution, which assessment roll shall show the lots and lands assessed,
the amount of benefit to and the assessment against each lot or parcel of land, and
the number of annual installments in which the assessment is divided.
3. Special Mail Ballot Election
Following adoption of the attached Resolution by the Mayor and City Commission,
and completion of the preliminary assessment roll, the City Clerk, in consultation
with the City Attorney's Office, shall conduct a special mail ballot election for the
majority (50% plus one) of the affected property owners to approve the proposed
special assessment.
4. Final Hearinq for the Mavor and Citv Commission to Hear Testimonv, Decide
Whether to Lew Special Assessments. and Meet as an Equalizinq Board to
Adiust and Equalize the Assessments on a Basis of Justice and Riqht
Upon completion of the preliminary assessment roll, and upon the approval of the
District by a majority of the affected property owners, the Mayor and City
Commission must adopt a subsequent Resolution to schedule a public hearing at
which the owners of the properties to be assessed or any other persons interested
therein may appear before the Mayor and City Commission and be heard as to the
propriety and advisability of the assessments proposed to be levied, or the provision
of the Services, the costs thereof, the manner of payment therefor, or the amount
thereof to be assessed against each lot so serviced.
Following the public hearing, the Mayor and City Commission shall make a final
decision on whether to levy the special assessments. At that time, the Mayor and
City Commission shall also serye as an "equalizing board" to hear and consider any
and all complaints as to the special assessments, and shall adjust and equalize the
assessments on a basis of justice and right.
When so equalized, and approved by Resolution of the Mayor and City Commission,
a final assessment roll shall be filed with the City Clerk, and the special assessments
(as set forth in the final roll) shall stand confirmed and remain legal, valid, and
binding liens upon the property against which such assessments are made, until
paid.
D. Conclusion
The attached Resolution shall become effective upon the date of adoption; provided,
however, that if the proposed special assessment does not subsequently receive the
approval of a majority (50% plus one) of the affected property owners, the attached
Resolution shall be null and void.
iv
14
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, CREATING, SUBJECT TO THE APPROVAL OF A
MAJORIW OF THE AFFECTED PROPERTY OWNERS, A SPECIAL
ASSESSMENT DISTRICT TO BE KNOWN AS THE LINCOLN ROAD
BUSTNESS IMPROVEMENT DTSTRTCT, FOR A TERM OF TEN (10) YEARS,
TO STABILIZE AND IMPROVE THE LINCOLN ROAD RETAIL BUSINESS
DISTRICT, WHICH IS LOCATED WITHIN A NATIONALLY RECOGNIZED
HISTORIC DISTRICT, THROUGH PROMOTION, MANAGEMENT,
MARKETING, AND OTHER SIMILAR SERVTCES (THE "SERV!CES");
PROVIDING FOR THE LEVY AND COLLECTION OF SPEGIAL
ASSESSMENTS lN THE AMOUNT OF $1 ,426,237 PER YEAR; INDICATING
THE LOCATION, NATURE, AND ESTIMATED COST OF THOSE SERVICES
WHOSE GOSTS ARE TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS;
PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS
SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS
SHALL BE MADE; DESIGNATING THE LANDS UPON WHICH THE SPECIAL
ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR PUBLICATION OF
THIS RESOLUTION; AND AUTHORIZING RELATED ACTIONS.
WHEREAS, the Lincoln Road Property Owners Association, lnc. ("LRPOA") is a Florida
non profit corporation, which is tax exempt under section 501(c)(6) of the lnternal Revenue
Code, and represents a group of property owners of real estate in the vicinity of, abutting, or
located on Lincoln Road; and
WHEREAS, Chapter 170, Florida Statutes, authorizes any municipality, subject to the
approval of a majority of the affected property owners, to levy and collect special assessments
against property benefited for the purpose of stabilizing and improving retail business districts,
wholesale business districts, or nationally recognized historic districts, or any combination of
such districts, through promotion, management, marketing, and other similar services; and
WHEREAS, on December 17,2014, and as sponsored by Commissioner Michael
Grieco, the Mayor and City Commission approved Resolution No. 2014-28881, attached hereto
and incorporated herein as Exhibit "A," which, in pertinent part, authorized the City Manager's
Office and City Attorney's Office to work with the LRPOA for the purpose of establishing a
special assessment district pursuant to Chapter 170, Florida Statutes, in order to stabilize and
improve the Lincoln Road retail business district, which is located within a nationally recognized
historic district, through promotion, management, marketing, and other similar services; and
WHEREAS, the special assessments levied within the proposed special assessment
district, to be known as the "Lincoln Road Business lmprovement District" (the "District"), shall
be used to provide the services described in Exhibit "B," attached hereto and incorporated
herein (the "Services"); and
15
WHEREAS, the District is bounded on the west by Alton Road; on the east by
Washington Avenue; on the north by 17th Street; and on the south by Lincoln Lane South;
provided, however, that the following properties shall be excluded and exempted from such
District: (1) residential properties; (2) properties owned oroccupied bya religious institution and
used as a place of worship or education (as defined in Section 170.2Q1(2), Florida Statutes);
and (3) common areas owned by condominium associations; and
WHEREAS, the Mayor and City Commission hereby determine that it is in the best
interest of the City, and of the District, to provide, or cause to be provided, the Services for the
District and, as such, wish to defray the cost of the Services by levying special assessments
upon the affected properties within the District ("Assessments"); and
WHEREAS, the Mayor and City Commission further determine that special benefits shall
accrue to the properties within the District from the Services, and that the Assessments shall be
made in proportion to the benefits received, all as set forth in the preliminary assessment roll
attached hereto and incorporated herein as Exhibit "C"; and
WHEREAS, the Mayor and City Commission have determined that the Assessments to
be levied shall not exceed the special benefits to the affected properties within the District.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, THAT
SECTION 1: All findings and recitals contained in this Resolution are hereby adopted
and incorporated herein.
SECTION 2: Pursuant to the provisions of Chapter 170, Florida Statutes, the Mayor and
City Commission hereby authorize a special assessment to be levied and collected, and hereby
create a special assessment district, to be known as the "Lincoln Road Business lmprovement
District," for a term of ten (10) years, subject to the approval of the majority of the affected
property owners in the District, for the purposes of stabilizing and improving the Lincoln Road
retail business district, which is located within a nationally recognized historic district, through
promotion, management, marketing, and other similar services.
SECTION 3: The boundaries of the proposed District are as follows: All lots and lands
adjoining and contiguous or bounding and abutting upon such improvements or specially
benefited thereby and further designated by the Assessment Plat, attached hereto and
incorporated herein as Exhibit "D."
SECTION 4: The nature of the Services is set forth in Exhibit "B," attached hereto and
incorporated herein.
SECTION 5: The total estimated cost of the Services to be funded by the proposed
Assessments is approximately $1,426,237 per year.
SECTION 6: The Assessments shall be levied in accordance with the applicable
provisions of Chapter 170, Florida Statutes, for the purposes of defraying the cost of the
Services, as described in Exhibit "C," and in accordance with the assessment methodologies in
Exhibit "E," attached hereto and incorporated herein.
16
SECTION 7: At the time of adoption of the Resolution by the Mayor and City
Commission, there shall be on file with the City Clerk the Assessment Plat, showing the area to
be assessed; a description of the Services; and an estimate of the cost of the Services, which
documents shall be open to inspection by the public.
SECTION 8: Following approval of this Resolution, the City Administration is hereby
authorized and directed to cause to be made a preliminary assessment roll, as promptly as
possible, which shall show the properties assessed by folio number; the amount of benefit to
each property; and the special assessments against each property assessed by folio number.
SECTION 9: The assessment shall be payable in one installment per year to the
Finance Director of the City, or the Finance Director's designee, on such date as shall be
contained in a bill to be mailed to each property owner within the District at least thirty (30) days
prior to the due date, and following the confirmation by the Mayor and City Commission of the
Final Assessment Roll. lnstallments not paid when due shall become due and payable in
accordance with statutory provisions and shall remain liens, coequal with the lien of all state,
county, district, and municipal taxes, superior in dignity to all other liens, titles, and claims, until
paid, and shall bear interest, at such rate or rates as specified in Section 170.09, Florida
Statutes.
SECTION 10: Upon completion of the preliminary assessment roll, the Mayor and City
Commission shall adopt a subsequent resolution to fix a time and place at which the owners of
the property to be assessed or any other persons interested therein may appear before the
Mayor and City Commission and be heard as to the propriety and advisability of the
Assessments or the provision of the Services, the costs thereof, the manner of payment
therefor, or the amount thereof to be assessed against each lot so serviced, all in accordance
with Chapter 170, Florida Statutes.
SECTION 11: The City Clerk is hereby directed to cause this Resolution to be published
once a week for a period of two weeks in a newspaper of general circulation published in Miami-
Dade County.
SECTION 12: The Resolution shall become effective upon the date of its adoption
herein, provided, however, that if the proposed special assessment does not receive the
approval of a majority (50% plus one) of the affected property owners pursuant to an election to
be duly conducted by the City Clerk, the Resolution shall be null and void.
PASSED and ADOPTED this _day of
ATTEST:
2015.
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Michael Grieco)
Philip Levine, Mayor
APFROVEDASTO
F:\ATTO\KALN\RESOLUTIONS\L|ncoIn Road BID\Reso creating Lincoln Road special assessment distri$ffiftl & TANGUAGE
EFORE)GCUNON
l\- 4- t -r5
CiUettomeUpp Date17
RESOLUTION NO. 2014-28881
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORTZING THE CITY MANAGER AND CITY
ATTORNEY'S OFFICES TO WORK WTH THE LINCOLN ROAD PROPERTY
OWNERS ASSOCIATION, INC., AND THE OCEAN DRIVE IMPROVEMENT
ASSOCIATION, !NC., FOR THE PURPOSE OF ESTABLISHING SPECIAL
ASSESSMENT DISTRICTS TO STABILIZE AND IMPROVE THE LINGOLN
ROAD AND OCEAN DRIVE RETAIL BUSINESS DISTRICTS, WHICH ARE
LOCATED WITHIN NATTONALLY RECOGNIZED HISTORIC DISTRTCTS,
THROUGH PROMOTTON, MANAGEMENT, MARKETING, AND OTHER
SIMILAR SERVICES, PURSUANT TO CHAPTER 170, FLORIDA STATUTES.
WHEREAS, the Lincoln Road Property Owners Association, lnc., represents a group of
owners of real estate in the vicinity of, abutting, or located on Lincoln Road; and the Ocean
Drive lmprovement Association, lnc., represents a group of owners of real estate in the vicinity
of, abutting, or located on Ocean Drive; and
WHEREAS, Chapter 170, Florida Statutes, authorizes any municipality, subject to the
approval of a majority of the affected property owners, to levy and collect special assessments
against property benefited for the purpose of stabilizing and improving retail business districts,
wholesale business districts, or nationally recognized historic districts, or any combination of
such districts, through promotion, management, marketing, and other similar services, in such
districts of the municipality; and
WHEREAS, the Lincoln Road Property Owners Association, lnc., seeks to work with the
City of Miami Beach to establish a comprehensive plan for the creation of a special assessment
district under Chapter 170, Florida Statutes, in order to stabilize and improve the Lincoln Road
area, a retail business district within a nationally recognized historic districl, through promotion,
management, marketing, and other similar services; and
WHEREAS, the Ocean Drive lmprovement Association, lnc., seeks to work with the City
of Miami Beach to establish a comprehensive plan for the creation of a special assessment
district under Chapter 170, Florida Statutes, in orderto stabilize and improve the Ocean Drive
area, a retail business district within a nationally recognized historic district, through promotion,
management, marketing, and other similar services.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAM! BEACH, FLORIDA, that the City Manager and City Attorney's Offices
are hereby authorized to work with the Lincoln Road Property Owners Association, lnc., and the
Ocean Drive lmprovement Association, lnc., for the purpose of establishing special assessment
districts to stabilize and improve the Lincoln Road and Ocean Drive retail business districts,
EXHIB]T!A
18
I
which are located within nationally recognized historic districts, through promotion,
management, marketing, and other similar services, pursuant to Chapter 170, Florida Statutes.
PASSED and ADOPTED this i 7 day or Decu * b<' a*oro.
(Sponsored by Commissioner Michael
F:\ATTO\IGLN\RESOLUTIONS\Lincoln Road BID\Authorization to Work With LRPOA Reso (amended).docx
APPROVED AS TO
FORM & LANGUAGE
19
EXHIBIT "B"
L!NCOLN ROAD BUS!NESS IMPROVEMENT DISTRIGT
ANNUAL BUDGET NARRATIVE AND SUMMARY OF SERVICES TO BE PROVIDED
1. Revenues
The revenues in the attached proposed budget ($1,426,237) represent the total amount of the
special assessments to be collected in the first year of the special assessment district, as
detailed in the Preliminary Assessment Roll, attached as Exhibit "C."
2. Administrative and Office Expenses
Administrative and office expenses for the special assessment district shall total $341,532.
o Staffing costs, including employment benefits, for two employees (an executive director
and a staff assistant) shall total $231,536.
. Otfice expenses for rent, liability insurance, supplies, postage, printing, equipment
lease(s), annual report, audit, cell phone, accounting, and consulting fees shall total
$89,996.
. Other administrative expenses including directors and officers insurance, licensing and
permitting, memberships, meeting expenses, parking and auto mileage, and travel shall
total $20,000.
3. Marketing Expenses
Marketing expenses shall total $534,200 and shall include expenditures to attract people to
Lincoln Road to shop, dine, and attend special events and holiday activities, as follows:
o Advertising expenses (print, online, outdoor media, agency fees) shall total $354,000.
o Other marketing costs, including email/fax service, event advertising, holiday lighting and
d6cor, printing, production and design, promotions, public relations, sponsorships, and
website expenses, shall total $1 80,200.
4. BID District Programs
BID District Program expenses, including holiday programs, signage, ambassador services, and
supplemental security services, shall total $550,505, as follows:
. Holiday programs, related purchases, installation and removal of decorations, technical
assistance for programs, rental of equipment for events, and costs of performing artists
and related technical crew for presentations shall total 9195,500.
. Expenses related to signage creation, installation, and upkeep for the way-finding
program shall total $85,000.
o Ambassador services and supplemental security expenses shall total $270,000.
Total District Expenses: $1,426,237
B-120
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EXHIBIT ..C"
PRELIMINARY ASSESSMENT ROLL
1. Folios with Lincoln Road Frontage
Folios with frontage on Lincoln Road shall be assessed at two dollars ($2.00) per
square foot. See Assessment Methodologies, attached as Exhibit "E."
No. Propertv Address
1 1111 Lincoln Rd.2 1100 Lincoln Rd.l3 1001 Lincoln Rd.4 1035 Lincoln Rd.5 1031 Lincoln Rd.6 1029 Lincoln Rd.7 1025 Lincoln Rd.I 1023 Lincoln Rd.I 1036 Lincoln Rd.10 1018 Lincoln Rd.11 1000 Lincoln Rd.12 1657 Michigan Ave.13 927 Lincoln Rd.14 901 Lincoln Rd.15 930 Lincoln Rd.16 918 Lincoln Road, #1A217 920 Lincoln Road, #2A18 922Lincoln Road, #3A19 910 Lincoln Rd20 900 Lincoln Rd21 825 Lincoln Rd22 801 Lincoln Rd.23 846 Lincoln Rd.24 838 Lincoln Rd.25 818 Lincoln Rd.26 800 Lincoln Rd.27 741 Lincoln Rd.28 719 Lincoln Rd.29 701 Lincoln Rd.
Folio No. (02-3234-)
018-0080
018-0250
018-0070
018-0040
018-0074
018-0050
018-0072
018-0060
002-0090
002-0080
002-0070
018-0010
018-0020
018-0030
002-0220
076-0010
076-0020
076-0030
002-0200
002-0190
007-0550
007-0540
002-0350
002-0340
002-0330
002-0320
007-0491
007-0490
000-0010
Lot S. F.
48,000
44,353
16,189
15,000
3,750
3,750
4,631
4,764
15,000
7,500
'16,500
7,500
22,500
15,000
15,000
1,554
1,259
1,490
7,500
7,500
22,517
22,500
7,500
15,000
7,500
15,000
11,726
18,836
15,000
Assessment
$96,000
$88,706
$32,378
$30,000
$7,500
$7,500
$9,262
$9,528
$30,000
$15,000
$33,000
$15,000
$45,000
$30,000
$30,000
$3,1 08
$2,516
$2,980
$15,000
$15,000
$45,034
$45,000
$15,000
$30,000
$15,000
$30,000
$23,452
$37,672
$30,000
' 1 100 Lincoln Road shall be assessed based on the square footage of that portion of
the lot that lies between Lincoln Road and Lincoln Lane South.2 918, 920, and 922 Lincoln Road form part of a condominium. The common areas
owned by the condominium association shall be excluded from the special assessment
district.
c-123
No.
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
Propertv Address
663 Lincoln Rd.3
665 Lincoln Rd.
667 Lincoln Rd.
643 Lincoln Rd.
635 Lincoln Rd.
631 Lincoln Rd.
607 Lincoln Rd.
605 Lincoln Rd., #1004
605 Lincoln Rd., #110
605 Lincoln Rd., #120
734 Lincoln Rd.
1646 Euclid
730 Lincoln Rd.
720 Lincoln Rd.
670 Lincoln Rd.
600 Lincoln Rd.
551 Lincoln Rd.
533 Lincoln Rd.
521 Lincoln Rd.
511 Lincoln Rd.
501 Lincoln Rd.
532 Lincoln Rd.
530 Lincoln Rd.
455 Lincoln Rd.
433 Lincoln Rd.
421 Lincoln Rd.
401 Lincoln Rd.5
1620 Drexel Ave.6
408 Lincoln Rd.7
Lot S. F.
1,460
1,465
1,089
10,500
5,250
5,250
5,201
3,310
2,979
3,219
15,000
15,000
7,500
7,500
30,000
15,000
15,487
5,250
5,250
5,250
4,987
16,500
7,500
4,987
10,500
10,500
8,738
7,000
55,659
Folio No. (02-3234-)
219-0010
219-0020
219-0030
000-0030
005-0010
005-0020
005-0030
168-0010
168-0020
168-0030
003-0040
003-001 0
003-0030
003-0020
003-0060
003-0050
005-0050
005-0060
005-0070
005-0080
005-0090
003-0100
003-0080
005-01 00
005-01 10
005-0120
072-0010
003-0070
006-0020
Assessment
$2,920
$2,930
$2,178
$21,000
$10,500
$10,500
$10,402
$6,620
$5,958
$6,438
$30,000
$30,000
$15,000
$15,000
$60,000
$30,000
$30,974
$10,500
$10,500
$10,500
$9,974
$33,000
$15,000
$9,974
$21,000
$21,000
$17,476
$14,000
$'111,318
3 663, 665, and 667 Lincoln Road form part of a condominium. The common areas
owned by the condominium association shall be excluded from the special assessment
district.4 605 Lincoln Road is a condominium. The common areas owned by the condominium
association shall be excluded from the special assessment district.5 401 Lincoln Road is a condominium. The common areas owned by the condominium
association shall be excluded from the special assessment district.6 Only that portion of 1620 Drexel Avenue that is owned or occupied by a religious
institution and used as a place of worship or education shall be excluded from the
special assessment district. The remainder of the property is included in the special
assessment district.
'408 Lincoln Road shall be assessed based on the square footage of that portion of the
lot that lies between Lincoln Road and Lincoln Lane South.
c-224
2. Folios without Lincoln Road Frontage
Folios without Lincoln Road frontage shall be assessed at twenty cents ($0.20) per
square foot. See Assessment Methodologies, attached as Exhibit "E."
No. Street Address
59 1681 Lenox60 1685 Lenox61 1664 Lenox62 1666 Lenox63 1056 17 Street64 1000 17 Street65 1680 Michigan, #100866 1680 Michigan, #10167 1680 Michigan. #10368 1691 Michigan69 1699 Jefferson70 1685 Jefferson71 1688 Meridian72 1680 Meridian73 1674 Meridian74 723 N. Lincoln Lane75 1675 Meridian76 1672 Drexel
Folio (02-32341
004-0800
004-0790
004-0850
004-0860
004-0780
004-0770
178-0010
178-0020
178-0030
004-0690
007-0610
007-0620
007-0600
007-0590
007-0580
007-0520
007-0530
000-0930
Lot S. F.
16,000
8,000
4,500
7,500
8,000
8,000
1,933
676
680
76,500
7,500
7,500
11,250
11,250
8,250
20,563
49,938
66,649
Assessment
3,200
1,600
900
'1,500
1,600
1,600
387
135
136
15,300
1,500
1,500
2,250
2,250
1,650
4,113
9,988
13,330
Total for properties with Lincoln Road frontage:
Total for properties without Lincoln Road frontage:
58 Folios $1,363,498
18 Folios $62,739
rorel ron pnopenfl
8 1680 Michigan is a condominium. The common areas owned by the condominium
shall be excluded from the special assessment district.
c-325
26
EXHIBIT "E"
ASSESSMENT M ETHODOLOGI ES
The following assessment methodologies (i.e., formulas) shall apply to properties within the
proposed special assessment district:
1. Propertywith Lincoln Road frontage
Properties that front Lincoln Road shall be assessed at the rate of two dollars ($2.00) per
square foot of the lot size, based on the size of the ground floor only.
2. Propefi without Lincoln Road frontage
Properties that do not front Lincoln Road shall be assessed at the rate of twenty cents ($0.20)
per square foot of the lot size, based on the size of the ground floor only.
3. Property owned or occupied by a religious institution
Property owned or occupied by a religious institution and used as a place of worship or
education shall be excluded and exempted from the proposed special assessment district.
Section 170.201(2) defines "religious institution" as any church, synagogue, or other established
physical place for worship at which nonprofit religious services and activities are regularly
conducted and carried on. lf any portion of a property owned by a religious institution is not used
as a place of worship or education, that portion of the property shall not be excluded or
exempted from the proposed special assessment district.
4. Property owned by a condominium association
Any common areas owned by condominium associations and located on the ground floor of a
condominium shall be excluded and exempted from the proposed special assessment district.
The following property addresses include common areas owned by condominium associations
and located on the ground floor: 401 Lincoln Road, 605 Lincoln Road, 663-667 Lincoln Road,
918-922 Lincoln Road, and 1680 Michigan Avenue.
5. 408 Lincoln Road and 1110 Lincoln Road
With respect to 408 Lincoln Road and 1110 Lincoln Road, the special assessment shall be
calculated based on the square footage of only that portion of property that lies north of Lincoln
Lane South.
E-127
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28
r -e. --.I/-,/-,
CFFICE OF THE CITY ATTORNEY
RAUL.]. AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of,t4fe Cit| Commission
FROM: Jonah Wolfson, City Commission
CC: Rafael E. Granado, City Clerk
DATE: April 15,2015
SUBJECT: City Clerk's New Employment Agreement
As directed by the City Commission, I met with the City Clerk on various occasions
regarding the negotiation of his new employment agreement. Following conclusion of
our negotiations, on April 8, 2015, I presented the Finance and Citywide Projects
Committee the business terms of the City Clerk's proposed contract. The terms were
approved by the Committee with the recommendation that the final employment
agreement be prepared by the City Attorney and be presented to the City Commission
for consideration. (See Business Terms included herein as Exhibit "A.")
Date V-tI-tf29
Business Terms
Term: Three (3) years, commencing on May 1 , 2015 and ending on April 30, 2018.
Compensation: Salary annualized at $190,000.00, to be paid bi-weekly. With all other
terms and conditions to remain unchanged from those set forth in the City Clerk's
current benefit package as is customarily received by unclassified general employees
(and which the City Clerk has received since his date of appointment on April 11,2012).
Severance Payment: Should the City terminate the City Clerk's Employment
Agreement without Cause, it shall pay Mr. Granado an amount equivalent to 20 weeks
of the salary amount, as authorized by Florida Statutes.
Exhibit A
We ore commiffed tc providing excellent public serutce ond sofety to oll who live, work, ond ploy in our vibronf, tropicol, historic community'30
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEAGH, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR AND CITY GLERK TO EXECUTEA NEW EMPLOYMENT AGREEMENT WITH CITY CLERK
RAFAEL E. GRANADO FOR A THREE (3) YEAR TERM,
COMMENCING ON MAY 1 ,2015, AND ENDING ON APRTL 30,
2018.
WHEREAS, on April 11, 2012, the Mayor and City Commission appointed Rafael E.
Granado as City Clerk of the City of Miami Beach (City), to be effective on April 1 1, 2012; and
WHEREAS, the Mayor and City Commission desire to continue to retain Mr. Granado as
City Clerk and, accordingly, on December 17, 2014, referred the matter of negotiating and
entering into a new employment agreement with City Clerk Granado to the Finance and
Citywide Projects Committee (FCWPC), for further discussion; and
WHEREAS, the City Commission also appointed Commissioner Jonah Wolfson to serve
as its designee in negotiating the terms and conditions of a new employment agreement with
the City Clerk; and
WHEREAS, the City Clerk's proposed agreement was discussed by the FCWPC on,
April 8, 2015; and
WHEREAS, at the April 8, 2015 FCWPC, Vice-Mayor Wolfson outlined the negotiated
business terms of the City Clerk's new employment agreement (see Exhibit .A'), with all other
terms and conditions to remain unchanged from those set forth in the City Clerk's current benefit
package as is customarily received by unclassified general employees (and which the City Clerk
has received since his date of appointment on April 1 1,2012); and
WHEREAS, following Vice-Mayor Wolfson's presentation, and having considered the
new business terms, the FCWPC recommended that the City Commission approve the new
employment agreement with the City Clerk; and
WHEREAS, the City Clerk's new employment agreement (the Agreement), has been
drafted by the City Attorney based upon the negotiated business terms and is attached as
Exhibit "B" hereto; and
31
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND GITY
COMMISSION OF THE G!ry OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute a new
Employment Agreement with City Clerk Rafael E. Granado for a three (3) year term,
commencing on May 1, 2015, and ending on April 30, 2018.
PASSED and ADOPTED this _ day of 2015.
ATTEST:
Philip Levine
Mayor
Rafael E. Granado, City Clerk
T:\AGENDA\2015\ApriI\CITY CLERK AGREEMENT\Rafael E. Granado - Reso Approving Employment Contcct 4-1-15.docx
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
32
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (the "Agreement") is entered into this _ day of
2015, by, and between RAFAEL E. GRANADO ("Mr. Granado") and the CITY OF MIAMI
BEACH, FLORIDA (the "City") (collectively, the "Parties").
WHEREAS, on April 11, 2012, the Mayor and City Commission appointed Rafael E.
Granado as City Clerk of the City of Miami Beach (City), to be effective on April 1 1, 2012; and
WHEREAS, on April 9,2015, the Finance & Citywide Projects Committee recommended
entering into an employment agreement with Mr. Granado, for a term of three (3) years,
commencing May 1,2015, and ending on April 30, 2018; and
WHEREAS, the City, acting by and through its City Commission, desires to continue to
employ Mr. Granado as its City Clerk on the terms and conditions set forth in this Agreement,
and Mr. Granado desires to continue to be employed as City Clerk on those same terms and
conditions;
NOW, THEREFORE, the Parties agree as follows:
1. Recitations. Parties agree that the recitations above are true and correct and are
incorporated as if fully set forth here.
2. Emplovment. The City agrees to employ Mr. Granado as its City Clerk and Mr.
Granado agrees to be so employed. Mr. Granado will devote his full working time to his duties
as City Clerk and will not accept or perform any other employment, paid or unpaid, while he is
employed as City Clerk except as expressly set forth herein or expressly agreed to by the City
Commission by resolution and modification of this Agreement according to its terms. However,
nothing in this Agreement shall prohibit Mr. Granado from occasional other work, such as
teaching, writing, community activities, pro bono work, or civic or charitable activities as is
appropriate to this position of City Clerk, provided, however, that such work shall not interfere
with Mr. Granado's duties as City Clerk and shall not in any way reflect unfavorably on the City.
Mr. Granado shall at all times apply his best efforts to the performance of his duties as City
Clerk.
3. Emplovment At Will. Mr. Granado is employed at will and serves at the pleasure
of the City Commission. This Agreement and his employment may be terminated by the City
Commission at any time and for any reason or for no reason, subject only to the express
Termination provisions of this Agreement.
4. Duties. Mr. Granado will perform the duties of the office of City Clerk as set forth
in the Charter of the City of Miami Beach, Florida, and in the Code of the City of Miami Beach,
Florida, and all such duties customary and appropriate to this position of City Clerk and such
other appropriate duties as may be assigned by the City Commission or its designee from time
to time.
5. Effective Date. This Agreement shall become effective May 1, 2015 (the
"Effective Date").
33
6. Term. The Agreement shall have a term of three (3) years, commencing al 12:01
a.m., May 1,2015 (Commencement Date), and expiring at midnight, April 30, 2018, unless
terminated earlier or renewed as set forth herein.
7. Comoensation. Granado shall receive compensation for performing the duties of
City Clerk as set forth in this Section 7. Nothing other than those items set forth in this Section 7
shall be considered or treated as compensation, wages, salary, earnings or remuneration to
Granado for any purpose whatsoever, including pension or for purposes of Section 448.08,
Florida Statutes, or in arbitration.
a. Salarv. The City shall pay Mr. Granado a salary annualized at $190,000.00 to be earned
and to be accrued bi-weekly. This salary shall be paid bi-weekly according to the usual
payroll practices of the City applicable to unclassified general employees. Notwithstanding
the preceding sentence, the Parties agree and acknowledge that Mr. Granado shall be
entitled to and shall continue to receive the employee benefits packages customarily
received by unclassified employees (and which Mr. Granado has received since his date of
appointment on April 11,2012.)
The City agrees to review the annual salary and/or other benefits of Mr. Granado at the time
of evaluation of performance as provided in Section 7.d. and make adjustments as the City
may determine. An annual salary review of Mr. Granado will be made every year within 30
days after May 1't of each year.
b. lnsurance. The City will pay the full amount of premiums for the City-offered group medical,
and group dental plan selected by Mr. Granado. The City will pay the full amount of
premiums for the City-offered life insurance policy on Mr. Granado. Mr. Granado may (or, if
participation is mandatory, shall) participate in other City-offered insurance and benefits for
which he is eligible on the terms applicable to unclassified general employees.
c. Leave. Mr. Granado will be eligible to accrue, use, and convert leave hours to the extent and
on the terms applicable to unclassified general employees.
d. Annual Performance Evaluation. An annual performance evaluation, including salary and
benefits review (the "Evaluation"), of Mr. Granado will be made by the City Commission at
least once every year, within 30 days after May 1't of each year. At such time, the City
Commission shall review Mr. Granado's annual salary and/or benefits, and shall make
adjustments in such amounts and to such extent as the City Commission may determine
that it is desirable to do so. Additionally, at such time, the Mayor shall provide Mr. Granado
with a written summary of the findings of the City Commission and provide an adequate
opportunity for Mr. Granado to discuss the Evaluation with the City Commission.
8. Non-Compensation Expenses and Reimbursements. The City will pay for,
reimburse or otherwise provide for the items set forth in this Section 8. These items are paid for,
reimbursed or othenruise provided because they inure to the benefit of the City and do not
constitute compensation, wages, salary, earnings or remuneration to Granado for any purpose
whatsoever, including pension or for purposes of Section 448.08, Florida Statutes, or in
arbitration.
34
a. lnformation and Communications Technoloqv Expenses. The City will
provide to Mr. Granado adequate and reasonable information and communications
hardware, software, and services to support him in the performance of his duties as City
Clerk.
b. Subscriptions, Memberships and Fees. Mr. Granado may include, as an
expense item in the budget of the Office of the City Clerk, an amount to be used to pay
for such reasonable subscriptions, memberships, and fees and other similar costs, such
as travel and lodging, as may be incurred for development and advancement related to,
in support of, and inuring to the benefit of the City. No payment authorized hereunder
may be made to an entity that illegally discriminates on the basis of race, color, gender,
religion, national origin, age, disability, marital status or sexual orientation.
9. Renewal and Non-Renewal. The City Commission may renew or extend the
original term of this Agreement by resolution for succeeding periods as specified by the City
Commission on the same terms and conditions as then set forth in this Agreement or on such
modified terms and conditions to which it may agree with Mr. Granado. Should the City
Commission not renew or extend the original or any succeeding term, this Agreement shall
expire at the end of such original or succeeding term. Mr. Granado's employment shall
simultaneously end with the expiration of the original or succeeding term or period. Should the
City not renew this Agreement, it will either give Mr. Granado 90 days' notice of intent not to
renew or, if no notice is given, the City shall, commencing upon the end of his employment, pay
Granado an amount equivalent to 12 weeks of the salary amount set forth in Section 7.a. (the
"Separation Payments"), along with all payments due for work performed through the date of
termination and other payments due, if any, upon termination on the same terms and conditions
applicable to unclassified general employees and shall have no further liability to him
whatsoever. The Separation Payments will be paid bi-weekly according to the City's usual
payroll practices. Should Mr. Granado accept employment prior to the expiration of 12 weeks
after the date of expiration of the original or succeeding term, the Separation Payments shall
immediately cease and the City shall have no obligation to make Separation Payments then
remaining unpaid.
10. Termination bv Mr. Granado.
a. With Notice. Should Mr. Granado terminate this Agreement by giving
notice not less than 90 days prior to termination, the City shall pay him in like manner as
if the Agreement were not renewed.
b. Without Notice. Should Granado terminate this Agreement by giving
notice less than 90 days prior to termination, the City shall pay him any payments due
for work performed through the date of termination and other payments due, if any, upon
termination on the same terms and conditions applicable to unclassified general
employees and shall have no further liability to him whatsoever.
11. Termination bv the Citv. The City Commission may terminate this Agreement
and, thereby, Mr. Granado's employment at any time, without or without notice, and for any
reason or for no reason.
35
a. Without Cause. Should the City terminate this Agreement without Cause,
as defined in Section 11.b., it shall pay Granado an amount equivalent to 20 weeks of
the salary amount set forth in Section 7.a. (the "Severance Payment"), along with all
payments due for work performed through the date of termination and other payments
due, if any, upon termination on the same terms and conditions applicable to
unclassified general employees and shall have no further liability to him whatsoever.
Should Florida law be changed to permit a Severance Payment greater than that
permitted under law at the time of the execution of this Agreement, the City Commission
will review the amount of the Severance Payment set forth in this Agreement. ln the
event the City at any time during the term of this Agreement reduces the salary or other
financial benefits of Mr. Granado in a greater percentage than an applicable across the
board reduction for all employees of the City or in the event the City refuses after written
notice to comply with any other provision of this Agreement benefitting Mr. Granado or if
a majority of the entire City Commission in a public meeting requests that Mr. Granado
resign then Mr. Granado may, at his option, be deemed to be terminated at the date of
such reduction or such refusal to comply within the meaning and context of this Section
11.a.
b. With Cause. Should the City terminate this Agreement with Cause, as
herein defined, it shall pay Mr. Granado any payments due for work performed through
the date of termination and other payments due, if any, upon termination on the same
terms and conditions applicable to unclassified general employees and shall have no
further liability to him whatsoever, including no obligation to pay the Severance Payment
as defined in Section 11.a. Cause is defined as one or more of thefollowing: material
breach of this Agreement; conviction of any felony; admission of conduct that would
constitute any felony; conduct that would constitute a violation of any applicable code of
ethics or professional conduct; conduct that would constitute malfeasance or
misfeasance in office as those terms are interpreted under Section 112.3187, Florida
Statutes; or other similar conduct that the City Commission reasonably determines
merits termination.
12. Pension. Mr. Granado shall become a member of the Miami Beach Employees
Retirement Plan as a condition of his employment pursuant to the governing ordinance of the
plan (which plan, at the time of the execution of this Agreement, includes an accrual factor of 3
percent for the position of City Clerk).
13. Bonds. The City shall bear the full expense of any fidelity or other bond required
of Mr. Granado in his capacity as City Clerk under any statute, ordinance or regulation.
14. lndemnification. The City shall indemnify and defend Mr. Granado or, at its
option, provide a defense to Mr. Granado against claims arising out of and in the course and
scope of his employment or function, consistent with and to the extent of Florida law under
Chapter 1 11, Florida Statutes, and a public official's right to a defense against claims arising
from their performance of their public duties performed while serving a public purpose under the
common law of Florida.
15. Notice. Any notice hereunder shall be effective if made by delivery, postage paid,
to the United States Postal Service or by a manner valid for personal service under the Florida
Rules of Civil Procedure or by public statement on the record during a meeting of the City
Commission in the presence of the party to whom notice is to be given. Notice, for purposes of
this Agreement, is to be given to:
36
Citv: Mayor Philip Levine (or successor)
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
and
City Attorney Raul Aguila (or successor)
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Granado: Rafael E. Granado (or heirs)
888 Biscayne Boulevard# 5201
Miami, FL 33132
16. No Assionment or Deleoation: No Third-Partv Beneficiaries. The services
provided by Mr. Granado are considered unique and personal to him. Accordingly, Mr. Granado
may not delegate or assign any duty, obligation, or benefit attaching or accruing hereunder. This
Agreement is entered into and intended for the benefit solely of the City and of Mr. Granado and
not for the benefit of any other person or entity.
17. Entire Aoreement. Severabilitv. Modification. Waiver. The provisions of this
Agreement constitute the entire agreement between the Parties on its subject matter and this
Agreement supersedes any other agreement, understanding, representation, or promise
whatsoever. Mr. Granado agrees that he has relied solely upon the express language of this
Agreement in determining whether to enter into this Agreement and not upon any other
understanding or communication of any kind, whether written or oral. Should a court or arbitrator
of competent jurisdiction determine that any provision or portion thereof of this Agreement is
illegal, invalid, or unenforceable, the remaining provisions or portions thereof shall remain in full
force and etfect. This Agreement may be modified only by a writing signed by both Parties and
approved by the City Commission by resolution. Waiver of any right or of any breach of this
Agreement by either party in any instance or instances shall not constitute or be construed as a
waiver in any other instance.
18. Construction. Governinq Law, Headinqs. This Agreement shall be construed
according to its express language and not strictly for or against either Party, regardless of
authorship. This Agreement shall be governed by and according to the laws of the State of
Florida. Section headings are for convenience only and shall have no legal effect.
19. Arbitration. The Parties agree that any claim or dispute arising from this
Agreement, its interpretation, its renewal or its breach shall be settled in final and binding
arbitration by a single arbitrator under the Arbitration Policies and Procedures of the Federjl
Mediation and Conciliation Service. A panel of arbitrators may be requested by either Party and
the Parties will select an arbitrator by alternative strikes. The first Party to strike will be
determined by agreement or coin flip. Each Party may one-time reject a proposed panel of
arbitrators and request another. The party requesting any panel shall bear the expense of the
request. The Parties shall bear equally the expense of the arbitrator and the location of the
arbitration hearing. The Parties shall each bear their own litigation costs, including attorney's
fees, court reporter fees, and witness fees, if any. The arbitrator shall apply a preponderancsof
the evidence standard of proof. The party asserting a claim or affirmative defense shall have the
burden of persuasion as to that claim or affirmative defense. The arbitrator shall not have
authority to make any award of attorney's fees or the costs of the arbitration. The arbitrator shall
5
37
confine himself or herself strictly to the language of this Agreement and shall have no authority
to add to, subtract from, or modify any term or provision of this Agreement. The arbitrator shall
have no authority to construe any law, regulation, rule, principle of law, decision, or provision or
provisions of this Agreement or to make any award that would result in or obligate the City,
directly or indirectly, to incur any debt, cost, expense, or liability in excess of the amount initially
budgeted, approved, and appropriated for the funding of this Agreement. Any such purported
construction or award will be null and void. The arbitrator's award shall be subject to
enforcement or vacation by the Circuit Court according to law. Moreover, and without waiving
the preceding limitation, in no case shall the City be liable for any punitive, consequential,
indirect or incidental damages whatsoever.
20. Counterparts, Electronic Siqnatures. This Agreement may be executed in one or
more counterparts, each of which shall be deemed an original and all of which together shall
constitute a single instrument. Execution and delivery of this Agreement by electronic exchange
bearing the copies of a Party's signature shall constitute a valid and binding execution and
delivery of this Agreement by such Party. Such electronic copies shall constitute enforceable
original documents.
WHEREFORE, the Parties, after full consideration, including consultation with
independent counsel, do knowingly, voluntarily, and intending to be legally bound, hereby enter
into this Agreement duly executed on the dates written below.
Attest:FOR CIry OF MIAMI BEAGH, FLORIDA:
Rafael E. Granado, City Clerk Philip Levine, Mayor
day of 2015.
FOR CITY CLERK:
Witness Signature Rafael E. Granado,
day of 2015
Print Name
Witness Signature
Print Name
T: \AGEN DA\20 1 5\April\CITY CLERK AGREEMENT\Rafaet E
Exhibit B
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
*(s
Granado Employment Agreement.flocx
Date
38
E MIAMIBEACH
State of Florida
County of Miami-Dade
l, Rafael E. Granado, a citizen of the State of Florida and of the United States of America, and
being employed by or an officer of the City of Miami Beach and a recipient of public funds as
such employee or officer, do hereby solemnly swear or affirm that I will support the Constitution
of the United States and of the State of Florida; and that I will well and faithfully perform the
duties of City Clerk of the City of Miami Beach.
Rafael E. Granado
Sworntoandsubscribedbeforemethis-dayof-,2o15
39
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40
MIAMI BEACH
City of Miqmi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
C
the City
SSION MEMORANDUM
TO:Mayor Philip Levine and
FROM: Jimmy L. Morales, City
DATE: April 15,2015
SUBJECT: REPORT PURSUANT TO LE V, BUDGET, FINANCE AND PRE.
COLLECTIVE BARGAINING YSIS; SECTION 5.04
BACKGROUND
On the November 4,2014, special election, the residents of the City of Miami Beach approved an
amendment to the City Charter, Article V, Budget, Finance and Collective Bargaining Analysis;
Section 5.04. Pre-Collective Bargaining Analysis of Fringe Benefits, "Within the 6 month period
prior to the Commissions ratification of Collective Bargaining Agreements with the respective labor
unions, the City Commission shall consider at a duly noticed public hearing a written report
presented by the City Manager or his designee/City Budget Director, detailing the current status
and related fiscal impact of fringe benefits, including pension and health insurance plans, provided
by the City to its officers and employees."
FR!NGE BENEFITS PROVIDED
o Pensiono lnsurance (health, dental, vision, life, accidental death and dismemberment). Other
Attachment A is a copy of the required report which will be presented at the April 15, 2015,
meeting.
RECENT PENSION REFORM HISTORY
Over the past two contract periods, the City made substantial changes to each of its two defined
benefit plans, primarily in response to downturns in the economy which severely impacted market
returns on investments and thereby increased pension costs.
Significant reductions were made in the Miami Beach Employees' Retirement Plan (MBERP) for
the 2009-2012 contract years (2010-2013 for the American Federation of State County and
Municipal Employees [AFSCME]) with appreciably more modest reductions in the Fire and Police
pension plan and forthe same contractyears. The contractswere ratified between September 15
and 30, 2010.
ln early 2011, the Mayor approached the City's Budget Advisory Committee (BAC) regarding
Aoenda rtem RlDnvErrvq;;j;
41
Commission Memorandum
Report Pursuant to Charter Require for Report Regarding Pre-collective Bargaining Analysis
April 15, 2015
Page 2 of 7
undertaking a reform study for each of the pension plans to identify options to ensure the long{erm
sustainability of the Plans, particularly the Police and Fire Pension system that represent the
fastest growing cost to the City budget.
At the August 12, 2012, Commission Workshop on Pension Reform, the BAC presented its
recommendations.
At the July 17,2013 meeting, the City Commission adopted resolution 2013-28290 accepting the
recommendations of the Finance and Citywide Projects Committee to adopt the BAC's proposed
policies and guidelines to ensure long-term pension reform. The policies and guidelines address
four perspectives: (1) Affordability and Sustainability, (2) Appropriate Benefits to Employees, (3)
Recruitment and Retention, and (4) Management of RisURisk Sharing.
ln addition to the policies and guidelines, the BAC also recommended additional policy changes
discussed by the Committee that could be implemented without the need for additional actuarial
analyses:
- Use 100 percentof 1751185 shared plan monies toward benefits provided by the defined
benefit pension plan (requires negotiation with unions).
- Eliminate the provision that allows for transfer of years of service from MBERP to Fire and
Police pension plan (proposed by Fire and Police Pension Plan Administrator).
- Change purchase of service provision to be based on full actuarial costs (Government
Finance Officers Best Practices and Advisory Papers on Pension Reform)
- Eliminate the use of sick and vacation hours that are currently used to increase
"pensionable pay" (SB 1 128 required by 2011 - accomplished through statutory reform).
- Reduce the amount of annual overtime pay included in pensionable earnings to a maximum
of 300 hours (SB 1128 required by 2011 accomplished through statutory reform).
Attachment B provides a copy of the recommended hybrid plan. The plan was projected to save
$2.478 million on the annual required contribution (ARC) in year one and a reduction of
approximately $gg million on the unfunded actuarial accrued liability (UAAL) in year one. While the
negotiated agreement for the 2012-2015 contract years with the Fraternal Order of Police (FOP)
and lnternational Association of Fire Fighters (IAFF) did not implement the BAC's recommended
hybrid plan, significant reform was achieved resulting in a reduction of $5.65 million on the ARC
and $24.36 million on the UAAL in year one. Attachment C presents a summary of changes in
pension benefits for the two contract periods for both MBERP and Fire and Police pension plans.
H EALTH I NS U RAN CE B EN EFITS
Citv of Miami Beach Health Plan Histol
ln 2001, the City formed a Group Health lnsurance Task Force comprised of residents and
employees to develop comprehensive solutions to the City's growing cost increases in group
health insurance. Many of their recommendations, summarized below, were implemented and
provided the City with some relief.
42
Commission Memorandum
Report Pursuant to Charter Require for Report Regarding Pre-collective Bargaining Analysis
April 15, 2015
Page 3 of 7
o Conform the City's benefit plans to industry standardso lncrease the City share of the premium for optional benefit plans to encourage employee
enrollment (2004 for general employees). Continue City premium contribution for dependent group health coverageo Change the City's contribution for retiree group health insurance premiums based on
number of years of service (lmplemented in 2006 with general employees and 2010 with
sworn personnel). lmplement a self-funded plan (lmplemented in 2009 for general employees). Pursue the use of Medicare HMOs and supplemental policies for retirees
Budqet Advisoru Committee Recommendations Reqardino Health Care Reform: 2012
On August 29,2012, the premiums paid by the City and its enrolled active employees and retirees
for health care insurance coverage for general employees enrolled in the City's self-funded plan
was discussed by the Committee of the Whole as part of the Mayor's and Commissioner's
proposed budget for FY 2012113. On October 9, 2012, the City Administration also provided
members of the Commission information through Letter to Commission (LTC) #259-2012 regarding
the City's self-funded healthcare plans' experience from inception in 2010 through August 2012.
The information for each individual plan and enrollment group included: medical plan enrollment by
active employees, pre-65 and post-65 retirees; total monthly medical plan premiums; total claims
paid; medical plans'fixed costs; total medical plan expenses and the loss ratio (the percentage of
claims paid and plan costs for the premium collected).
The Committee of the Whole referred the matter to the BAC for their review and to make
recommendations regarding efficiencies and cost savings. The Administration and Gallagher
provided the BAC with alternatives to the City's current medical insurance plan options. They
reviewed the cost components of the medical insurance plans to identify where they could be
reduced. They identified options such as changes in plan benefits coverage to reallocate cost
sharing between the City and enrollees; compared the City's medical plans to other employers
(both in the private and public sectors) to search for other plan efficiencies; and reviewed the self-
funded plan experience of other employers based on their filings with the State.
The BAC recommendations were as follows:
a
a
a
The plans should remain self-funded.
The City's three premium plans, (Premium HMO, Premium PPO and POS) should be
eliminated.
The Standard HMO and Standard PPO should be replaced with the HMO and PPO plans
recommended by Gallagher, including the changes recommended by the members of the
BAC which increase the employee's out of pocket expenses resulting in lower annual plan
costs.
The plan year should be changed from the current calendar year to the fiscal year to help
simplify and provide accurate budget projections.
Humana should continue to provide the medical plan administration, Wellness Program and
the City's Employee Assistance Program (EAP);
A Medicare advantage plan should not be offered to post-65 retirees;
Symetra should continue to provide reinsurance coverage for the medical plan.
ln their proposal, Symetra stated that if Scenario B was chosen and they were selected,
further rate relief was possible. ln addition, since the current reinsurance period may be
short (01/01113 - 09/30/13), a premium reduction may be possible as well. Gallagher is
a
a
43
Commission Memorandum
Report Pursuant to Charter Require for Report Regarding Pre-collective Bargaining Analysis
April 15, 2015
Page 4 ol 7
exploring this and other options that may mitigate the City's costs with Symetra.. Prescription plan coverage should be "carved out" of the medical plan and provided by a
separate prescription benefit manager, Prescription Corporation of America (PCA).
. The City should offer a high deductible plan.
. To comply with the Affordable Healthcare Act, which requires employers to enroll all benefit
eligible employees automatically in a health care insurance plan effective January 1,2014,
this plan would provide a cost effective option to both the employee and the City.
Finance and Citvwide Proiects Committee and Citv Commission Action on Budqet Advisorv
Committee Recommendations Reqardino Health Care Reform: 2013
At the July 17, 2013 meeting, the City Commission adopted Resolution 2013-028256 accepting the
Finance and Citywide Projects Committee's (FCWPC) recommendation subsequent to their July
18,2013, review and deliberation of the BAC's recommendations regarding health care reform.
The FCWPC recommended and the City Commission approved that:
. The City should continue with the plans currently offered;o The administration should evaluate the City's premium subsidy structure and offer a more
equitable distribution of subsidy for each of the plans;
o The benefit plan year should be concurrent with the fiscal year, effective October 1,2014.
At the City Commission's direction, the administration made a number of changes when rates were
set for January 2014. The Administration and the City's benefits consultant looked at the
experience by plan, separately by active employees, pre-Medicare retirees, and Medicare retirees.
Changes were made to the premium subsidy provided to employees and retirees to encourage
participation in the plans with lower premiums due to their higher out of pocket costs. For the plan
with the lowest premium, the standard HMO, the City increased the subsidy from seventy-five
percent (75Yo) to seventy-seven percent (77Yo) for employee only coverage and from sixty percent
(60%) to sixty-seven percent (67Yo) for family coverage. The City subsidy for the premium HMO
was increased for both employee only and family coverage, from fifty percent (50%) to fifty-four
percent (54o/o). Changes were made to the premium subsidy provided to employees and retirees
to encourage participation in the plans with lower premiums due to their higher out of pocket costs.
These changes had little impact on enrollment.
General Emplovees' Plans Status
Forthe 2014 - 2015 benefit plan year, the average annual subsidy paid forgeneral employees is
$8,435 and for retirees, $4,757. General employees hired on or after September 6, 2006, upon
retirement are eligible for a benefit of up to $3,000 per year until age 65 depending on years of
service and up to $1,500 per year after age 65. The City's consultant current estimate for the
required increase for October 1,2015, is in the ten percent range, but the forecast is improving and
the projected increase may come down as we get more experience.
Also, the consultant just finished the annual state filing for the City's health plan. They identified a
plan surplus, after setting aside sufficient funds to cover all claims reserves. The State has
established a minimum surplus level of 60 days of claims, which in the City's case is $2.9 million.
The consultant is projecting a further gain this year and if that materializes the surplus will increase
to something close to $5 million. Given the large swings in experience the City has seen in the
past, it is prudent to maintain more than the required minimum surplus as a buffer against possible
44
Commission Memorandum
Report Pursuant to Charter Require for Report Regarding Pre-collective Bargaining Analysis
April 15, 2015
Page 5 of 7
claim fluctuations.
FOP and IAFF Health Trusts
The BAC and subsequent Finance and Citywide Projects Committee and City Commission reviews
did not address changes to the premiums paid each trust, although they are significantly higher
than the subsidies afforded general employees.
Sworn employees are eligible to join the FOP and IAFF health trusts regardless of whether or not
they are covered by the respective bargaining unit. Collective bargaining agreements callfor
annual premium contributions paid by the City to each trust be based on the straight line average
of the general plans.
Forthe 2015 benefit plan year, the average annual subsidy paid per FOP trust active member is
$13,318. The average annual subsidy paid per FOP trust retiree is $12,606. For the 2015 benefit
plan year, the average annual subsidy paid per IAFF trust active member is $13,609. The average
annual subsidy paid per IAFF trust retiree is $13,404. Similar to the provisions of the general plan,
employees hired after 2010 will, upon retirement, be eligible for a benefit of up to $300 per year of
service, subject to an annual increase based on the Miami-Fort Lauderdale All Urban Consumer
Price lndex as of September 30th of each year.
Plan Member Count
Annual Average
Premium Gost to Gity
Per Member
Difference in Average
Premium
Contributions
General
Emplovees 989 $8.435
Retirees 393 $4,757
FOP Health Trust
Emploveet 349 $13.318 58%
Retireet 242 $12,606 165%
AFF Health Trust
Emplovee:189 $13.609 61o/o
Retiree:173 $13,404 182Yo
Patient Protection and Affordable Care Act (PPACAI
Recently, the fifth anniversary of the PPACA was observed; legislation that promised to transform
the way health care is delivered, managed, and paid for in the United States. Although some of its
components and provisions have been implemented to date, the most significant changes have yet
to take effect. To comply with mandates the City has made changes which, to date have resulted
in manageable cost increases.
The PPACA established a private, non-profit, non-governmental organization called the Patient-
Centered Outcomes Research lnstitute (PCORI). The lnstitute is an independent organization
whose role is to fund and produce reliable, evidence-based research guided by patients,
caregivers, and the health care community to determine the comparative clinical effectiveness of
medical treatments. The PCORI fee, which the City is paying, is based on the average number of
lives covered under the health insurance policy or self-funded plan ("covered lives" include plan
participants and covered dependents/beneficiaries), multiplied by the applicable dollar amount for
45
Commission Memorandum
Report Pursuant to Charter Require for Report Regarding Pre-collective Bargaining Analysis
April 15, 2015
Page 6 of 7
that plan year. The PCORI fee for 2015 will be $2 plus some inflation. lt was $1 in its first year, $2
in its second, and is scheduled to increase by CPI through 2019.
There is also the transitional reinsurance fee designed to provide a pool of money to offset losses
suffered by insurance companies who now have to cover high risk individuals who would not
previously have been insurable. The fee is a temporary provision that is intended to stabilize the
individual market until the carrier premium rates adjust fully to the higher risk lives they have to
cover. The fee was $63 per covered life (same definition of a covered life as the PCORI fee) in
2014, and will be $44 per life in2015 and $29 in 2016. lt goes away in 2017. The 2014 fee
payable by the City was just over $1 13,000.
Of importance to the City is the so called "Cadillac Tax" which is an excise tax scheduled to take
effect in 2018 to reduce health care usage and costs by encouraging employers to offer plans that
are cost-effective and engage employees in sharing in the cost of care. lt is a 40 percent tax on
employers that provide high-cost health benefits to their employees. Final regulations have not
been issued; however, the lnternal Revenue Service (lRS) issued a notice and invited the public to
comment on the issues addressed in the notice no later than May 15,2015. Based on a review of
the City's health plans by its benefit consultant, all of the City's plans for general employees,
except the standard HMO, would be subject to the Cadillac tax, if implemented today. lt is likely
that the HMO plan will also eventually be subject to the Cadillac tax.
The IRS has cleady stated that other notices will be issued and comments used to inform proposed
regulations that will be issued again for public notice and comment.
Other Benefits
The City has a number of voluntary programs employees join at their expense and others it
subsidizes. The subsidized benefits are:
. Dental lnsurance (City subsidizes 50 percent of the premium cost)
- Safeguard DHMO Plan
- Metlife PPO Plano EyeMed Vision Plan (included in health insurance premium)
. Life lnsurance -the City subsidized 100 percent of the premium for coverage equal to an
employee's one year's salary. Accidental Death and Dismemberment - the City bears the full cost of the premium, the
maximum benefit if $20,000
ln addition to the aforementioned fringe benefits, each collective bargaining unit has successfully
negotiated for "extra pay" of which the following are examples: (1) double pay for working on a
seventh consecutive day; (2) shift differential; (3) call-in, call-back; (4) standby/on call; (5) out of
classification pay; (6) perfect attendance bonus; (7) tool allowances; (8) forced holdover and (9)
longevity bonus.
Attachment D provides a summary of other payroll benefits provided, including leave, tuition
reimbursement, etc.
46
Commission Memorandum
Report Pursuant to Charter Require for Report Regarding Pre-collective Bargaining Analysis
April 15, 2015
Page 7 of 7
Among the non-payroll related benefits one finds:
. Take-home vehicles (primarily in police). Work uniforms and shoeso Employee Assistance Program (EAP)o Free parking in City facilities. Free gym use (IAFF and FOP)
GONCLUSION
This information is provided to comply with the amendment to the City Charter, Article V, Budget,
Finance and Collective Bargaining Analysis; Section 5.04. Pre-Collective Bargaining Analysis of
Fringe Benefits, "Within the 6 month period prior to the Commissions ratification of Collective
Bargaining Agreements with the respective labor unions, the City Commission shall consider at a
duly noticed public hearing a written report presented by the City Manager or his designee/City
Budget Director, detailing the current status and related fiscal impact of fringe benefits, including
pension and health insurance plans, provided by the City to its officers and employees."
Attachnfbnts ,/ryv
JLM/KGB/SC-T
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92
Attachment D
OTHER PAYROLL RELATED BENEFITS
o Earned leave (sick, vacation, compensatory)
o Leave payouts upon separation
MAXIMUM FINAT LEAVE PAYOUT
FOP
All Others
IAFF Non-shift
IAFF Shift
Sick hours
paid out at
50% of value
Vacation
hours paid
out at
lOO% of
value
Equivalent
number of
hours paid
out at L00%
of value
7,2OO
L,200
620
620
1,220
L,220
820
7,230
Combination of both *
Combination of both *
* All sick and vacation hours for IAFF employees paid out at
70O% of value up to the allowed maximum
o Sick leave sellback (IAFF & FOP)
lOO% of value) sick leave accrued duringthe year, minus any sick or emergency
vacation time used (sunsets 91301201'51
o Holidays (10 legal holidays; 3 floating holidays; and 1 birthday holiday)
o lnjury service connected (lSC) leave with pay
L6 weeks (general)
32 weeks (IAFF & FOP)
o Bereavement leave with pay (2 days; 4 days if funeral is out of state)
PAGE 1
SICK AND VACATION LEAVE ACCRUATS
FOP
IAFF shift
IAFF non-shift
AllOthers
Sick Leave
Accruals
Vacation Leave Accrua ls
Constant
Annual
96
L44
96
96
0-9.99 years
Annual
95
144
96
96
10-19.99 years
Annual
136
204
135
136
20 + years
Annual
776
264
176
L76
93
o
a
OTHER PAYROLL RELATED BENEFITS
Jury duty leave with pay
Union leave with pay
- IAFF (union president may elect full time detachmenU 500 hours per contract
year if union president is detached;2,996 hours per contract year if union
president is not detached; maximum rollover from one contract year to
another of 750 unused hours)
- FOP (union president may elect full time detachmen! no established time
bank maximum threshold; accruals solely comprised of employee donations)
- CWA (2,250 hours per contract year; maximum rollover from one contract
year to another of 2,250 unused hours)
- AFSCME (1,040 hours per contract year, without the option to roll over
unused time, to be used when employees leave the City's physical premises;
union leave pool does not have an established accrual rate or limit and is used
when conducting union business within the City)
- GSAF (no established time bank)
Tuition reimbursement
PAGE 2
94
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96
R9 - New Business and Commission Requests
RgL Discussion Regarding The 63'd Street Bridge And The 2016 Yacht Show And Traffic
lmpact.
(Requested by Commissioner Michael Grieco)
(ltem returning from March 11,2015 - RgL)
Agenda ne^ X! L
Date V-|5{597
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98