20150610 BMt?i5.2015
MIAMIBEACH
City Commission Meeting
City Hall, Gommission Chambers, 3rd Floor, 1700 Gonvention Center Drive
June 10,2015
Mayor Philip Levine
Vice-Mayor Jonah Wolfson
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visif us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings.
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Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires
the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity
with the City Commission, any City Board or Committee, or any personnel as defined in the
subject Code sections. Copies of the City Code sections on lobbyists laws are available in the
Office of the City Clerk. Questions regarding the provisions of the Code should be directed to
the Office of the Gity Attorney.
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ln order to ensure adequate public consideration, if necessary, the Mayor and City Commission may move
any agenda item to an alternate meeting date. ln addition, the Mayor and City Commission may, at their
discretion, adjourn the Commission Meeting without reaching all agenda items.
AGENDA
1. Call to Order - 8:30 a.m.
2. lnspirational Message and Pledge of Allegiance
3. Requests for Additions, Withdrawals, and Deferrals
4. Recess for lunch at approximately 12:00 p.m.
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
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Commission Agenda, June 10, 2015
Presentation
PA1 Presentation On The State Of The Travel And Tourism lndustry By William Talbert, President &
CEO Of The Greater Miami Convention & Visitors Bureau And Recognition Of National Travel
And Tourism Week.
(Requested by Mayor Philip Levine)
CONSENT AGENDA
G2 - Competitive Bid Reports
C2A Request For Approval To Award A Contract Pursuant To lnvitation To Bid (lTB) No. 2015-046-MC
To Replace The Driving Range Netting At The Miami Beach Golf Club.
(ProcuremenUParks & Recreation)
C4 - Commission Committee Assignments
C4A Referral To The Land Use And Development Committee Meeting To Review The Following
Ordinances: 1) Signage Regulations Within 250 Feet Of NSOP; And 2) Parking Regulations
Within 250 Feet Of NSOP.
(Sponsored by Commissioner Deede Weithorn)
(Deferred from May 6,2015 - C4J)
C4B Referral To The Finance And Citywide Projects Committee Regarding A Potential Public-Private
Partnership With 1234 Partners, LTD. For A Parking Garage On The 1200 Block Of Washington
Avenue.
(Parking)
C4C Referral To The Finance And Citywide Projects Committee, Land Use & Development Committee
And The Planning Board For The Review Of All Planning Fees, lncluding Fees Associated With
Plans Review, Board Applications And Other Ministerial Functions.
(Sponsored by Commissioner Joy Malakoff)
C4D Joint Referral To The Sustainability And Resiliency Committee And Land Use And Development
Committee Regarding The lncorporation Of Green Roofs ln Future Building Projects.
(Sponsored by Commissioner Michael Grieco)
C4E Referral To The Land Use And Development Committee - Discussion Regarding Grade
Elevations For New Construction.
(Planning)
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Commission Agenda, June '10, 2015
C4 - Commission Committee Assignments (Continued)
C4F Joint Referral To The Land Use And Development Committee And Planning Board Of A
Modification To The Notice Procedures For Quasi-Judicial Applications Before Historic
Preservation Board, Board Of Adjustment, Planning Board, And Design Review Board.
(Sponsored by Commissioner Deede Weithorn)
C4G Referral To The Sustainability And Resiliency Committee - Designating A Department Or Specific
Employees To Develop And Oversee Sound And Comprehensive Policy Regarding Climate
Change.
(Sponsored by Commissioner Edward L. Tobin)
C4H Joint Referral To Land Use And Development Committee And Neighborhood/Community Affairs
Committee Of A Discussion ltem Relating To Traffic Studies.
(Sponsored By Commissioner Micky Steinberg)
c4t Referral To The Land Use And Development Committee - Proposed Revisions To Chapter 126
Of The Land Development Regulations Of The City Code, Pertaining To Landscaping And
Minimum Standards For The Landscaping Of Private Properties And Adding A Requirement For
A Tree Survey Prior To The lssuance Of A Demolition Permit.
(Sponsored by Commissioner Joy Malakoff)
C6 - Commission Gommittee Reports
COA Report Of The May 29,2015 Neighborhood/Community Affairs Committee (NCAC) Meeting: 1)
Discussion Regarding A Resolution To Collaborate To Develop An Enhanced Partnership With
The Miami-Dade County School Board (School Board) And To Amend The City's Educational
Compact To Provide Enhanced Educational Services To The City's Public School Students, By
Working Collaboratively On Funding To Prioritize Early Learning Opportunities, lncluding The
Head Start Program; Title 1 VPK; VPK Fee Supported; And SPED Pre-K; By Providing
lnstructional Support For Extracurricular Or Choice Offerings At City High School And Middle
School Grades; By Enhancing The Districts Afterschool Programming, lB Program And EFL
Program; And To Provide A Schedule For Accomplishing These Goals. 2) Discussion Regarding
Valet Parking. 3) Report From Miami-Dade County Public Schools On The Status Of The Action
Plan Related To Nautilus Middle School And Progress To Date. 4) Discussion Regarding A
Commercial Use Permit Fee For City-Owned Property And City Parks Facilities. 5) Discussion
Regarding Artist and Non-Profit Vendor Ordinances. 6) Discussion Regarding Naming The
Accessible Beach And Playground At Allison Park, 65th Street And Collins Avenue, "Sabrina's
Beach And Playground At Allison Park." 7) Proposed Route And Service Plan For The Middle
Beach Trolley. 8) A Resolution Approving And Authorizing The Administration To Accept $40,050
From Penrod Brothers, lnc. For The Re-Design And Development Of Construction Documents
For The Reconstruction Of Surface Lot 01A - Penrods At One Ocean Drive. 9) Discussion On
The Beautification Of The Alton Road Flyover Bridge At The Eastern End Of l-395. 10) Monthly
Crime Statistics Report.
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Commission Agenda, June '10, 2015
C6 - Commission Committee Reports (Continued)
C6B Report Of The May 27,2015 Sustainability And Resiliency Committee (SRC) Meetng: 1) Mayor's
Blue Ribbon On Flooding And Sea Level Rise Update. 2) Sustainability Committee Update. 3)
Referral To Consider Alternative Trash Receptacles ln High-Traffic Areas. 4l Discussion
Regarding The Provision Of Renewable Energy Sources ln New Construction Projects. 5)
Referral Regarding The Citywide Prohibition Of Polystyrene. 6) Referral Regarding The
Endorsement Of The Floridians For Solar Choice Ballot lnitiative 7) Discussion Regarding
AECOM's Progress On The Development Of The City's Comprehensive Resiliency Program.
C6C Report Of The May 27 ,2015 Land Use And Development Committee Meeting: 1) Discussion On
Possible Amendments To Chapter 6 And Chapter 142 Of The City Code. 2) Discussion On The
Collins Canal Project. 3) A) Annual Evaluation Of Parking lmpact Fee Structure. 3) B) Discussion
Regarding The Philosophy Behind Parking lmpact Fees. 4) A) Discussion Regarding Seawall
Conditions, Encroachments lnto Public Property For Private Use. 4) B) Discussion Regarding
The Degradation Of The Sea Wall ln The Lakeview Drive Neighborhood. 5) An Amendment To
The Applicable Section Of The City Code Clarifying That The lncentives Ordinance For The
Retention Of Architecturally Significant Single Family Homes, Does Not Apply To Single Family
Homes Located Within A Local Historic District. 6) Discussion Pertaining To Membership
Requirements For Design Professionals Serving On The City's Land Use Boards. 7) Discussion
On 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. 8)
Discussion Relating To An Amendment Of The Faena Overlay District. 9) Washington Avenue
Blue Ribbon Panel (WABRP) Presentation With Final Recommendations: lncentives For
Development That Do Not lnclude lncreasing FAR. 10) Establish A Washington Avenue Task
Force. Discussion Regarding The Creation Of A Process And Criteria For Parklet Applications.
'11) Discussion Regarding A Modification To Section 142-108 Of The Land Development
Regulations ln Order To Eliminate Any Conflict With The Florida Building Code. 12) Discussion
Regarding AECOM's Progress On The Development Of The City's Comprehensive Resiliency
Program. 13) Discussion Regarding The Provision Of Renewable Energy Sources ln New
Construction Projects. 14) Sidewalk Caf6 Ocean Drive Umbrellas: An Ordinance Of The Mayor
And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 82, Entitled
"Public Property," Article lV, Entitled "Uses ln Public Rights-Of-Way," Division 5, Entitled
"Sidewalk Cafes," Subdivision 2, Entitled "Permit," By Creating Section 82-389, Entitled
"Additional Minimum Standards, Criteria, And Conditions For Operation Of Sidewalk Cafes On
Ocean Drive Between Sth Street And 1sth Street" To Provide Minimum Standards For Umbrellas
And Awnings, Require Regular Maintenance Of Umbrellas, And Provide Prohibitions; And
Providing For Repealer, Severability, Codification, And An Effective Date.
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Commission Agenda, June 10, 2015
C6 - Commission Committee Reports (Continued)
COD Report Of The May 20,2015 Finance And Citywide Projects Committee Meeting: 1) Discussion
Regarding Potential Purchase Of Air Rights For 6940 Abbott Avenue From AT&T For Future
Development Of A Parking Garage ln The North Beach Town Center. 2) Discussion To Consider
A Request for Rent Relief From Penn 17, LLC., Regarding The Retail Space At The Pennsylvania
Avenue Parking Garage. 3) Discussion Regarding Valet Parking. 4) Discussion Regarding The
Audit Committee Recommendations Regarding Fee in Lieu Of Parking. 5) Discussion Regarding
Flooding and Sea Rise Regarding The 2015-2016 Storm Water Utilities Methodology. 6)
Discussion Regarding A New Lease Agreement Between The Miami Beach Redevelopment
Agency (RDA) (Landlord) And Cvi.Che 105 / Yuca Fusion (Tenant), ln Connection With The Use
Of Suite Nos. 1-3 At The Anchor Shops, Located At 1555 Washington Avenue, Miami Beach,
Florida (Premises), For A Term Of Nine (9) Years And Three Hundred And Sixty Four (364) Days
From Rent Commencement; And Allowing By 5/7th Vote, Pursuant To Section 1.03 Of The Miami
Beach City Code, An Additional Two (2) Renewal Options For Five (5) Years Each. 7) Discussion
Regarding lmplementing A Contractor Prequalification Program ln An Effort To Expedite
lnfrastructure lmprovements. 8) Discussion Regarding A Resolution Collaborate To Develop An
Enhanced Partnership With The Miami-Dade County School Board (School Board) And To
Amend The City's Educational Compact To Provide Enhanced Educational Services To The
City's Public School Students, By Working Collaboratively On Funding To Prioritize Early
Learning Opportunities, lncluding The Head Start Program; Title 1 VPK; VPK Fee Supported; And
Sped Pre-K; By Providing lnstructional Support For Extracurricular Or Choice Offerings At City
High School And Middle School Grades; By Enhancing The Districts Afterschool Programming, lB
Program And EFL Program; And To Provide A Schedule For Accomplishing These Goals. 9)
Discussion Regarding the Parking Meter Collection Fees - SP Plus Request. 10) Discussion
Regarding A Resolution Approving The Term Sheet Attached And lncorporated As Exhibit "A" To
This Resolution, And Authorizing The City Attorney's Office To Negotiate A Purchase And Sale
Agreement (PSA) Between The City And 8701 Collins Development, LLC ('8701") For The Sale
Of The City Property Located A1226 87 Street To 8701 (City Parcel), And To Develop Both The
City Parcel And 7925 Collins Avenue (The "8701 Parcel") Under A Unified Development Project
(The "Project"); Which PSA Will lnclude The Design, Development And Construction Of The
Project, At8701's Sole CostAnd Expense, A Main Use Parking Garage, Which Shall lnclude (l)
Commercial Uses Such As Spa, Restaurants, And Similar Uses; (ll) One Or More Levels Of
Parking Garage Directly Above The First Floor, lncluding Mechanical Parking Elements With
Valet Service; (Except For The City Unit); (lll) Approximately 12,000 Square Feet Of Retail On
The First Floor; And (lV) A City Municipal Parking Condominium Unit (The "City Unit") Of 75
Parking Spaces Which May Be Located ln The Basement; And Pursuant To Section 82-37 Of
The City Code, Directing The City Manager To Transmit The Term Sheet And Draft PSA To The
Finance And Citywide Projects Committee For Review Prior To City Commission Final Approval
Of The PSA; And The Term Sheet And Draft PSA Shall Also Be Reviewed By The Planning
Board As Required By Section 1.03(B)(a) Of The City Charter.
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Commission Agenda, June 10, 2015
G7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit The
Following Applications: 1) U.S. Department Of Justice, ln An Amount Not To Exceed $600,000,
For The Body-Worn Camera Pilot lmplementation Program; 2) U.S. Department Of Justice
Community Oriented Policing Services (COPS) Hiring Program For Entry Level Police Officers ln
The Approximate Amount Of $1,875,000 Over Three Years; 3) Florida Department Of
Transportation (FDOT), High Visibility Enforcement, Pedestrian And Bicycle Safety Grant
Program, ln The Approximate Amount Of $200,000; And Retroactively To: 4) Miami-Dade County
Homeless Trust For Funding For Fiscal Year 2015/16 Primary Care Housing And Services
Funds, ln The Approximate Amount Of $62,373, For Staffing And Hotel/Motel Funding; And, 5)
Miami-Dade County Homeless Trust For Fiscal Year 2Q15l16 Funding, ln The Approximate
Amount Of $25,000, For ldentification Assistance Funds; Approving And Authorizing The
Appropriation Of The Above Grants And Funding Requests, lncluding Any Requisite Matching
Funds And City Expenses; And Further Authorizing The City Manager, Or His Designee, To Take
All Necessary Steps And To Execute Documents ln Connection With The Aforestated Grants And
Funding Requests, lncluding, Without Limitation, Applications, Grant And Funding Agreements,
And Audits.
(Budget & Performance lmprovement)
C7B A Resolution Authorizing The Administration To File An Application With The Planning
Department To Request The Historic Preservation Board To Grant A New Certificate Of
Appropriateness For The Modified Flamingo Park Master PIan Concept, Which Unmodified Plan
Was Previously Approved By The Board, And Which Approval Expired On May 9,2012.
(Capital lmprovement Projects)
C7C A Resolution Electing Commissioner Edward L. Tobin, Group V, As Vice-Mayor, For A Term
Commencing On July 1 ,2015 And Terminating On October 31, 2015, Or On Such Date When A
New Vice-Mayor ls Thereafter Elected.
(Office of the City Clerk)
C7D A Resolution Accepting A Donation Of One Hundred (100) Automatic External Defibrillators
(AEDs), With An Approximate Total Cost Of $200,000.00, From Baptist Health South Florida On
Behalf Of City Of Miami Beach.
(Police)
C7E A Resolution Authorizing The City Manager And The City Clerk To Execute A Voluntary
Cooperation And Operational Assistance Mutual Aid Agreement With Miami-Dade County,
Florida, For The Purpose Of Coordinating Law Enforcement Planning, Operations, And Mutual
Aid Benefit Between The City Of Miami Beach And Miami-Dade County, Florida.
(Police)
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Commission Agenda, June 10, 2015
C7 - Resolutions (Continued)
CTF A Resolution Approving And Authorizing The Administration To Negotiate A Lease Agreement,
Based Upon The Material Terms Set Forth ln This Resolution, Between The City Of Miami
Beach, As Tenant, And Jaller Grossman Partnership LLC, As Landlord, For Use Of
Approximately 18,200 Rentable Square Feet Of Property, Located At 6700 N.W.36th Avenue,
Miami, Florida, To Be Used As Storage Space Primarily For The City's Police Department; Said
Lease Having An lnitial Term Of Five (5) Years And Two (2) Months, Commencing On August 1,
2015, And Ending On September 30,2020, With One (1) Additional Renewal Option, At The
City's Discretion, For A Term Of Five (5) Years; And Further Authorizing The Mayor And City
Clerk To Execute Said Lease Agreement Upon Successful Negotiations By The Administration.
(Police)
C7G A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals Pursuant To Request For Qualifications (RFO) No. 2015-073-JR, For Plans Review,
lnspections And Permit Clerk Services.
(ProcuremenUBuilding)
C7H A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals Pursuant To Request For Qualifications (RFQ) No. 2015-127-JR, For Architectural
And Engineering Services For The Middle Beach Recreational Corridor.
( Procu rem e nVB u i ld i n g/Envi ro n m enta I )
c7t A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of The Proposals Received, PursuantTo lnvitation To Negotiate No.2015-081-LR (The ITN), For
lnvestment Advisory Services; And Further Authorizing The Mayor And City Clerk To Execute An
Agreement Upon Conclusion Of Successful Negotiations By The Administration.
(ProcuremenUFinance)
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Commission Agenda, June 10, 2015
C7 - Resolutions (Continued)
C7J A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals For Group 1 - Landscape Architecture, Planning And Urban Design Architecture,
And Environmental Engineering, And Group 2 - Town Planning Architecture, lnterior Design &
Space Planning Architecture, And Historical Preservation Architecture, And Group 3 - Civil
Engineering And Land Surveying, And Group 4 - Structural Engineering And Mechanical,
Electrical, And Plumbing Engineering, Pursuant To Request For Qualifications No. 2014-346-YG,
For Professional Architectural And Engineering Services ln Specialized Categories On An As-
Needed Basis (The "RFQ"); Authorizing The Administration To Enter lnto Negotiations With Keith
And Schnars, P.A., Aecom Technical Services, lnc., Kimley-Horn And Associates, lnc., Craven,
Thompson & Associates, lnc., And Miller Legg & Associates, lnc., For The Discipline Of
Landscape Architecture; Authorizing The Administration To Enter lnto Negotiations With Kobi
Karp Architecture & lnterior Design, lnc., Glavovic Studio, lnc., M.C. Harry & Associates, lnc.,
Stantec Consulting Services, lnc., And Bea Architects, lnc., For The Discipline Of General
Architecture; Authorizing The Administration To Enter lnto Negotiations With Zyscovich, lnc., And
The Corradino Group, lnc., For The Discipline Of Town Planning Architecture; Authorizing The
Administration To Enter lnto Negotiations With R. J. Heisenbottle Architects, P.A., William B.
Medellin Architect P.A., Douglas Wood Associates, lnc., Bender & Associates Architects, P.A.,
For The Discipline Of Historical Preservation Architecture; Authorizing The Administration To
Enter lnto Negotiations With Wade Trim, lnc., Stantec Consulting Services, lnc., Kimley-Horn And
Associates, lnc., Pure Engineering Services, lnc., And Schwebke - Shiskin & Associates, lnc., For
The Discipline Of Civil Engineering; Authorizing The Administration To Enter lnto Negotiations
With Schwebke - Shiskin & Associates, lnc., Triangle Surveying And Mapping, lnc., Keith And
Schnars, P.A., Biscayne Engineering Company, lnc., And Craven Thompson And Associates,
lnc., For The Discipline Of Land Surveying; Authorizing The Administration To Enter lnto
Negotiations With TLC Engineering For Architecture, lnc., Wolfberg Alvarez & Partners, lnc., And
RGD Associates, lnc. D/B/A RGD Consulting Engineers For The Discipline Of Mechanical,
Electrical, And Plumbing Engineering; Further, Should The Administration Be Unable To
Negotiate An Agreement With Any Of The Recommended Firms, The Administration ls
Authorized To Negotiate With Other Ranked Firms ln Order Of Rank ln Each Category; And
Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of
Successful Negotiations By The Administration.
(ProcuremenVPu bl ic Works/Capital I m provement Projects)
(Deferred from May 6,2015 - C7P)
C7K A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Agreement
Between The City Of Miami Beach And The Town Of Surfside For The City To Continue To
Provide Sewage Conveyance Services To Surfside.
(Public Works)
C7L A Resolution Authorizing The Mayor And The City Commission To Approve The Second
Amended And Restated lnterlocal Agreement With Miami-Dade County For The City's Use Of
The County's Solid Waste Management System.
(Public Works)
(ltem to be Submitted in Supplemental)
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Commission Agenda, June 10, 2015
G7 - Resolutions (Continued)
C7M A Resolution Authorizing The City Manager To Approve The 63'd Street Water Main Replacement
Project Utilizing The Competitively Bid National Joint Powers Alliance (NJPA) Cooperative
Contract For Construction Services With The Gordian Group.
( ProcuremenUPubl ic Works)
C7N A Resolution Amending Resolution No. 2014-28732 By Changing The Amount Of The Cultural
Arts Council Annual Fund Balance Cap From $2,640,184 To $2,467 ,000 To Correct A Scrivener's
Error.
(Tourism, Culture & Economic Development)
C7O A Resolution Approving And Authorizing The Administration To Accept $40,050 From Penrod
Brothers, lnc. For The Re-Design And Development Of Construction Documents For The
Reconstruction Of Surface Lot 01A - Penrods At One Ocean Drive.
(Tourism, Culture & Economic Development)
End of Gonsent Aqenda
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R2A
R2B
Commission Agenda, June '10, 2015
REGULAR AGENDA
R2 - Competitive Bid Reports
Request For Approval To Authorize The lssuance Of A Request For Proposals (RFP) For
Advertisement Program For Trolley Vehicles.
(ProcuremenVTourism, Culture & Economic Development)
Request Approval To lssue A Request For Qualifications (RFO) For Preparation Of
Environmental Analyses For The Miami Beach Portion Of The Beach Corridor Transit Connection
Project And For Review And Evaluation Of Related Proposals As Necessary.
(Transportation)
(ltem to be Submitted in Supplemental)
R5A
R5 - Ordinances
Fence Heights
An Ordinance Amending The Land Development Regulations (LDR) Of The City Code, Chapter
142,"Zoning Districts And Regulations," Article lV, "Supplementary District Regulations," Division
4, "Supplementary Yard Regulations," At Section 142-1132, "Allowable Encroachments Within
Required Yards," By Amending And Clarifying The Measurement Of Fences, Walls, And Gates
Within A Required Yard; Providing Codification; Repealer; Severability; And An Effective Date.
10:20 a.m. Second Readins Public Hearinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
(Continued from May 6,2015 - RsD)
Definition Of Unified Development Site
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter llS, "Administration And Review Procedures," Article l, "ln General," Section 118-5,
"Unity Of Title; Covenant ln Lieu Thereof," By Amending The Requirements And Standards For A
Covenant ln Lieu And By Providing A Definition For Unified Development Site; Providing For
Codification, Repealer, Severability And An Effective Date. 10:25 a.m. Second Readinq Public
Hearing
(Sponsored by Commissioner Edward L. Tobin)
(Co-Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Planning)
(First Reading on May 6, 2015 - RsG)
R5B
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10
Commission Agenda, June 10, 2015
R5 - Ordinances (Continued)
RsC Revision To Lot SpliUForm Of Ownership
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 118, "Administration And Review Procedures," Article lV, "Division Of Land/Lot Split," At
Section 118-321, Entitled "Purpose, Standards And Procedure" ln Order To Clarify The
Requirements And Standards For A Lot Split To Allow A Change ln The Form Of Ownership Of
Building Sites Or Unified Development Sites To Allow Ownership By An Individual, Or Via A
Covenant ln Lieu Of Unity Of Title Without Requiring A Lot Split; Providing For Codification,
Repealer, Severability And An Effective Date.
(Sponsored by Commissioner Edward L. Tobin)
(Co-Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Planning)
(First Reading on May 6, 2015 - RsH)
RsD Parking Plan For Construction Workers
An Ordinance Amending Section 114-4 Entitled "Compliance With Regulations Required;"
Creating Subsection (12) Providing That No Building Permit Or Board Order Shall Be lssued For
Any Lot Or Site With A Building Permit Valued At $250,000 Or More Without A Construction
Parking And Traffic Management Plan (CPTMP) Approved By The Parking Director Pursuant To
Chapter 106, Article ll, Division 3, Entitled "Construction Management Plan"; And Modifying
Chapter 130, Article lV Entitled "Fee ln Lieu Of Parking" ByAmending Section 130-134, Entitled
"Deposit Of Funds/Account"; By Authorizing The Placement Of The Fines Or Penalties Collected
From Enforcement Of Chapter 106 CPTMP, lnto This Account To Be Utilized For The Purposes
Provided Therein; Providing For Repealer; Severability; Codification; And An Effective Date.
10:35 a.m. Second Readinq Public Hearinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Planning)
(First Reading on May 6, 2015 - Rsl)
RsE Single Family Development Regulations - Adjusted Grade
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, Florida, By Amending Chapter 114, "General Provisions," Section 114-1, "Definitions," By
lncluding Definitions For Adjusted Grade And Average Grade; By Amending Chapter 142,
"Zoning Districts And Regulations," Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family
Residential Districts," By Amending And Clarifying The Maximum Elevation Within A Required
Yard, And By Amending And Clarifying When The Water Portion Of A Pool ls Counted Towards
The Open Space Pervious Requirements; Providing Codification; Repealer; Severability; And An
Effective Date. 10:40 a.m. Second Readinq Public Hearinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading on May 6, 2015 - RsJ)
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Commission Agenda, June 10, 20'15
R5 - Ordinances (Continued)
RsF An Ordinance Amending The Firefighters' Relief And Pension Fund To Comply With Applicable
Provisions Of The lnternal Revenue Code And Regulations Thereunder; Amending The "Related
Special Acts," Of The City By Amending Article Vll, Entitled "Firefighters' Relief And Pension
Fund," By Amending Sections 36 Through 48; Providing For Severability; Repealing All
Ordinances ln Conflict Therewith; Providing For Codification; And Providing An Effective Date.
10:45 a.m. Second Readinq Public Hearins
(Sponsored by Deede Weithorn)
(Legislative Tracking: Human Resources)
(First Reading on May 20,2015 - RsC)
RsG An Ordinance Amending And Restating The Miami Beach Employees' Retirement Plan Created
By Ordinance No. 2006-3504, As Subsequently Amended, By Amending Sections 2,4,5, 11,
And 12 Of The Plan To Comply With Applicable Provisions Of The lnternal Revenue Code And
Regulations Thereunder, And Deleting Outdated Language; Providing For Severability; Repealing
All Ordinances ln Conflict Therewith; And Providing An Effective Date. 10:50 a.m. Second
Readinq Public Hearinq
(Sponsored by Deede Weithorn)
(Legislative Tracking: Human Resources)
(First Reading on May 20,2015 - RsD)
RsH 36 Ocean Drive - Historic Site Designation
An Ordinance Amending The City's Land Development Regulations By Amending Section 118-
593(e), Entitled "Delineation On Zoning Map" By Designating One Or More Buildings At 36
Ocean Drive As An Historic Site To Be Known As "36 Ocean Drive Historic Site"; And Amending
The City's Zoning Map To lnclude 36 Ocean Drive As An Historic Site; Adopting The Designation
Report Attached To The Staff Report As Appendix "A"; Providing For lnclusion ln The Land
Development Regulations Of The City Code; Repealer; Severability; And An Effective Date.
5:01 p.m. Second Readinq Public Hearins
(Requested by a Private Application - 36 Ocean Drive Holdings, LLC.)
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Planning)
(First Reading on May 6, 2015 - RsF)
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R5t
Commission Agenda, June 10, 2015
R5 - Ordinances (Continued)
226 87tn Terrace - Parking Category Comprehensive Plan And Rezoning
Comprehensive Plan - Parking Category
An Ordinance Pursuant To The Procedures ln Section 163.3184(3), Florida Statutes, To
Amend Policy 1.2 Of The Future Land Use Element Of The Comprehensive Plan By
Modifying The Parking (P) Future Land Use Category To Allow For Residential Uses
When Abutting A Land Use Category That Permits Such Uses; Providing For lnclusion ln
The Comprehensive Plan; Transmittal; Codification; Repealer; Severability; And An
Effective Date. 5:02 p.m. First Readinq Public Hearinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Planning)
(Continued from April 15,2015 - RsH1)
Rezoning - 226 87th Terrace
An Ordinance Amending The Official Zoning District Map, Referenced ln Section 142-72
Of The Code Of The City Of Miami Beach, Florida, By Changing The Zoning District
Classification For The Parcel Located At 226 87th Terrace, From The Current Zoning
Classification Of GU, "Government Use District", To The Proposed Zoning Classification
Of RM-2, "Multifamily Residential, Medium lntensity;" Providing For Codification;
Repealer; Severability; And An Effective Date. 5:02 p.m. First Readinq Public Hearinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking : Planning)
(Continued from April 15,2015 - R5H2)
1.
2.
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R5J
Commission Agenda, June 10, 2015
R5 - Ordinances (Continued)
RM-2 Regulations, Parking Regulations And Signage Regulations Within 250 Of North Shore
Open Space Park (NSOSP)
1. RM-2 Chapter 142 Regulations Within 250 Feet Of NSOSP
An Ordinance Amending The City Code Chapter 142, "Zoning Districts And Regulations,"
Article Il, "District Regulations," Division 3 "Residential Multifamily Districts," Subdivision
lV, "RM-2 Residential Multifamily, Medium lntensity," At Sections 142-215, "Prohibited
Uses," And 142-218, "Setback Requirements," ln Order To Permit Outdoor Bar Counters
As Accessory Uses ln Oceanfront Hotels ln The RM-2 District; Allowing For The
Modification Of lnterior Side Setback Requirements For Drives Or Sidewalks; Providing
Access Between Parcels ln The RM-2 District; Modifying The lnterior Side Tower Setback
Requirements For Oceanfront RM-2 Parcels Within 250 Feet Of North Shore Open Space
Park; By Amending Chapter 142, "Zoning Districts And Regulations," Article lV,
"Supplementary District Regulations," Division 3 "Accessory Uses," At Section 142-902,
"Permitted Accessory Uses," To Permit Neighborhood lmpact Establishments, As
Conditional Uses For Oceanfront Hotels ln The RM-2 District, Within 250 Feet Of North
Shore Open Space Park; Providing For Codification; Repealer; Severability; And An
Effective Date. 5:03 p.m. First Readinq Public Hearinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking : Planning)
(Continued from April 15,2015 - R5l1)
2. Parking Regulations Within 250 Feet Of NSOSP
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending
Chapter 130, "Off-Street Parking," Article lll, "Design Standards," By Amending Section
130-68, "Commercial And Noncommercial Parking Garages," To Establish Regulations
For Main Use Parking Garages Located On Non-Oceanfront Lots ln The RM-2 District
With A Property Line Within 250 Feet Of North Shore Open Space Park; Providing For
Codification; Repealer; Severability; And An Effective Date. 5:03 p.m. First Readinq
Public Hearinq
(Sponsored by Commissioner Deede Weithorn)
(Leg islative Tracking : Planning )
(Continued from April 15,2015 - R5l2)
3. Signage Regulations Within 250 Feet Of NSOSP
An Ordinance Amending The City Code Chapter 138, "Signs," At Article V, "Sign
Regulations By District"; And Article Vl, "Specific Use Signs," At Section 138-172, Entitled
"Schedule Of Sign Regulations For Principal And Accessory Use Signs," ln Order To
Establish Sign Criteria For Ground Floor Commercial Uses ln Parking Garages Located
On Non-Oceanfront Lots ln The RM-2 District, With A Property Line Within 250 Feet Of
North Shore Open Space Park; And Creating Section 138-206, Entitled "City ldentification
Signs At City Entrance And Exit Points," ln Order To Establish The Process By Which The
City May Erect City ldentification Signs Near The City's Entry And Exit Points; Providing
For Codification; Repealer; Severability; And An Effective Date. 5:03 p.m. First Readinq
Public Hearinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Planning)
(Continued from April 15,2015 - R5l3)
14
14
Commission Agenda, June 10, 2015
R5 - Ordinances (Continued)
R5K CPS-2Entertainment
An Ordinance Amending Chapter 142 "Zoning Districts And Regulations;" Article ll, "District
Regulations", Division 18, "PS Performance Standard District" To Modify Permitted Uses Within
The CPS-2 District To lnclude Non-Amplified Piano And String lnstruments Within Restaurant
lnteriors; Providing For Repealer; Severability; Codification; And An Effective Date. 5:04 p.m.
First Readinq Public Hearins
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Planning)
RsL Bed And Breakfast Prohibition ln Palm View Historic District
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 142, "Zoning Districts And Regulations," Article ll, "District Regulations," Division 3,
"Residential Multi-Family Districts," Subdivision ll, "RM-1 Residential Multifamily Low lntensity,"
To Prohibit Bed And Breakfast lnns Within The Palm View Local Historic District; By Amending
Article V, "Specialized Use Regulations," Division 7, "Bed And Breakfast lnns," To Prohibit Bed
And Breakfast lnns Within The Palm View Local Historic District; Providing For Codification,
Repealer, Severability And An Effective Date.
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking : Planning )
RsM Required Enclosures for Rental Car Facilities
An Ordinance Amending Chapler 114 "General Provisions", Section 114-1, "Definitions", By
Modifying The Definition Of Commercial Vehicle; By Amending Chapter 142"Zoning Districts And
Regulations;" Article lV, "Supplementary District Regulations", Division 1, "Generally" To Modify
The Requirements For Required Enclosures To Create An Allowance For The Outdoor Exposure
Of Rental Car Vehicles; Providing For Repealer; Severability; Codification; And An Effective Date.
5:06 p.m. First Readinq Public Hearinq
(Sponsored by Vice-Mayor Jonah Wolfson)
(Legislative Tracking: Planning)
RsN MXE Setbacks
An Ordinance Amending The Land Development Regulations (LDR) Of The City Code, Chapter
142,"Zoning Districts And Regulations," Article ll, "District Regulations"', Division 13, "MXE Mixed
Use Entertainment District," At Section 142-547, "Setback Requirements," By Amending The
Setback Requirements To lnclude Separate, Reduced Setback Requirements For Commercial
Buildings That Do Not Contain Any Hotel Or Residential Units; Providing For Codification;
Repealer; Severability, And An Effective Date. First Readinq
(Sponsored by Vice-Mayor Jonah Wolfson)
(Legislative Tracking: Planning)
RsO An Ordinance Amending Chapter 66, "Marine Structures, Facilities And Vehicles," Article lV,
"Vessels," Section 66-151, "Launching And Hauling," To Authorize The lnstallation Of "Tow-Away
Zone" Signs Along Public Seawalls And To Authorize Towing; Providing For Repealer;
Codification; Severability And An Effective Date. First Readinq
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: Police)
15
15
Commission Agenda, June 10, 2015
R5 - Ordinances (Continued)
RsP An Ordinance Amending The Land Development Regulations (LDR) Of The City Code, At
Chapter 118, Entitled "Administrative And Review Procedures," Article Vl "Design Review
Procedures, By Modifying Section 118-252, Entitled "Applicability And Exemptions" To Exclude
From Design Review Board Review City Applications Relating To Stormwater Pump Stations;
Providing For Codification, Repealer, Severability And An Effective Date. First Readinq
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: Office of the City Attorney)
RsQ An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami Beach, Entitled
"Miscellaneous Offenses," Article ll, Entitled "Public Places," Division 3, Entitled "Alcoholic
Beverages," By Amending Section 70-87 Thereof To (1) Clarify That The Consumption, Seryice,
Sale, Or Possession Of Open Containers Of Alcoholic Beverages At Sidewalk Cafes ls Only
Permitted During The Hours Set Forth ln Chapter 6 Of The City Code, (2) Clarity That Alcoholic
Beverage Establishments Shall Not Allow Any Person To Take From The Premises Any Opened
Alcoholic Beverage Container Or Any Open Or Unsealed Container Of Alcoholic Beverages, And
(3) Amend The Enforcement And Penalty Provisions; And Providing For Repealer, Severability,
Codification, And An Effective Date. First Readinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Office of the City Attorney)
RsR An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach, Entitled
"Administration," By Amending Article ll, Entitled "City Commission," By Amending Section 2-11,
Entitled "Time Of Regular Meetings" And Section 2-12, Entitled "Meeting Agendas," By Amending
The Requirements And Procedures Relating To City Commission Meetings And Agendas;
Providing For Repealer, Codification, And An Effective Date. First Readinq
(Sponsored by Vice-Mayor Jonah Wolfson)
(Legislative Tracking: Office of the City Attorney)
(ltem to be Submitted in Supplemental)
R7 - Resolutions
R7A A Resolution Adopting The Third Amendment To The General Fund, Enterprise Fund, lnternal
Service Fund, And Special Revenue Fund Budgets For Fiscal Year (FY) 2014115. 10:05 a.m.
Public Hearins
(Budget & Performance lmprovement)
R7B A Resolution Adopting The Fifth Amendment To The Capital Budget For Fiscal Year 2014115.
10:10 a.m. Public Hearinq
(Budget & Performance I mprovement)
16
16
Commission Agenda, June 10, 2015
R7 - Resolutions (Continued)
R7C A Resolution Pursuant To Section 142-425(d) Of The City Code, Waiving By 5l7th Vote Of The
City Commission After Public Hearing, The Development Regulations Under Chapters 130 And
142 Ot The Land Development Regulations Of The City Code Pertaining To Required Off-Street
Parking Spaces And Minimum Required Setbacks, At The Bass Museum Of Art, 2100 Collins
Avenue. 10:15 a.m. Public Hearinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking : Planning)
R7D A Resolution Pursuant To Section 82-37(a)(2) Of The City Code, Setting A Public Hearing To
Consider Approving, On Second Reading, The Transfer, Via Quit Claim Deed, To The Florida
Department Of Transportation (FDOT) The Property ldentified ln Exhibit "A," As The Property Has
Been Constructed Upon By FDOT And Utilized As A Turning Lane From Michigan Avenue Onto
Alton Road; Containing Approximately 4,014 Square Feet ln Total Area; Further Waiving, By 5l7th
Vote, The Competitive Bidding Requirements And lndependent Appraisal Requirements Of
Section 82-39(b) Of The City Code, Finding That The Public lnterest Would Be Served By
Waiving Such Conditions; Directing The ltem Be Sent To The Next Finance And Citywide
Projects Committee Meeting; And Directing The City's Planning Department To Prepare A
Planning Analysis Pursuant To Section 82-38 Of The City Code. First Readinq
(Office of the City Attorney)
R7E A Resolution Approving And Authorizing The City Manager, Or His Designee To Submit A Grant
Application To The U.S. Department Of Justice For The Fiscal Year 2015 Edward Byrne
Memorial Justice Assistance Grant (JAG) Program, For Funding ln The Approximate Amount Of
$62,874 For Police Department Priorities; Approving And Authorizing The Appropriation Of The
Above Grant; And Further Authorizing The City Manager, Or His Designee, To Take All
Necessary Steps And To Execute Documents ln Connection With The Aforestated Grant
lncluding, Without Limitation, Applications, Grant And Funding Agreements, And Audits.
(Budget & Performance lmprovement)
R7F A Resolution Adopting The City Of Miami Beach's Revised Public Records/Request Policy As
The City's Official Public Records Policy And Repealing The City's 2005 Public Records/Request
Policy.
(Office of the City Clerk/Office of the City Attorney)
R7G A Resolution Approving The Allocation Of State Housing lnitiatives Partnership Program (SHIP)
Funds From FY 2013-2014 ln The Amount Of $43,508.85, And $91,955.15 From FY 2014-15
Funds To Miami Beach Community Development Corporation/MBCDC: The Jefferson, lnc.
(MBCDC) For The Rehabilitation Of This Affordable Housing Property Located At 542 Jefferson
Avenue, To lnclude The Replacement Of The Roof And Upgrades To The Nine Units Located On
The Third Floor Of The Property; And Further Authorizing The Mayor And City Clerk To Execute
The SHIP Program Agreement Between MBCDC And The City.
(Housing & Community Services)
17
17
Commission Agenda, June 10, 2015
R7 - Resolutions (Continued)
R7H A Resolution Accepting The Recommendations Of The Neighborhood/Community Affairs
Committee And The Sustainability And Resiliency Committee And Adopting The May 2015 City
Of Miami Beach Blueways Master Plan.
(Parks & Recreation)
R7t A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Change Order
No.3 To Southern Underground lndustries, lnc., Dated May 26,2015 (The Agreement); Said
Change Order ln The Amount Of $417,309, Plus A Project Contingency ln The Amount Of
$41,731; For A Total Cost Of $459,040; For lnstallation Of Additional Check Valves On Outfalls ln
Various Locations Requiring Protection From Tidal Flooding lncluding: lndian Creek Drive, From
26th Street To 41't Street.
(Public Works)
R7J A Resolution Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The
Agreement Between The City And Limousines Of South Florida, lnc., For Maintenance And
Operations Of A City Of Miami Beach Trolley System For Municipal Circulator Services, For The
Alton-West Trolley Service; Said Amendment Extending The Agreement, Upon Termination Of
The Current Six Month Renewal Term, Commencing On August 1, 2015, On A Month-To-Month
Basis, Until Such Time As The Alton Road Construction Project ls Completed.
(Transportation)
R7K A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee Regarding The Proposed Middle Beach Trolley Route And Service Plan; And
Authorizing The Mayor And City Clerk To Execute An lnterlocal Agreement With Miami-Dade
County For Municipal Circulator Services ln Middle Beach.
(Transportation)
R7L A Resolution Adopting The Amendment To The City Budget For Fiscal Year 2014115.
(Sponsored by Commissioner Michael Grieco)
R7M A Resolution Accepting The Recommendation Of The City Manager, Pursuant To lnvitation To
Negotiate (lTN) 2014-170-SW For A Gated Revenue Control System For The City's Parking
Garages, Approving All Material And Substantive Terms Of An Agreement (As Stated ln
Appendix A Term Sheet) Between The City And Skidata, lnc.; And Further Authorizing The City
Manager And The City Attorney's Office To Make Any Non-Substantive And Non-Material
Revisions And/Or Additions To The Agreement, As Required, And Authorizing The Mayor And
City Clerk To Execute The Final Agreement With Skidata, lnc.; And, ln The Event That The City
ls Unable To Finalize Successful Negotiations With Skidata, lnc., To Further Authorize The City
Manager And The City Attorney's Office To Make Any Non-Substantive And Non-Material
Revisions And/Or Additions To The Agreement (As Stated ln Appendix A Term Sheet), As
Required, And Authorizing The Mayor And City Clerk To Execute The Final Agreement With
Amano McGann, lnc.
(ProcuremenUParking)
(!tem to be Submitted in Supplemental)
18
18
Commission Agenda, June 10, 2015
R7 - Resolutions (Continued)
R7N A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals With Respect To Phase ll Of The RFP Selection Process, Pursuant To Request For
Proposals (RFP) No.2O14-253-YG, For Design Build Services For 54" Redundant Sewer Force
Main ("The Project"); Authorizing The Administration To Enter lnto Negotiations With David
Mancini & Sons, lnc.; And Should The Administration Not Be Successful ln Negotiating An
Agreement Within The Available Budget With David Mancini & Sons, lnc., Authorizing The
Administration To Terminate Negotiations And Enter lnto Negotiations With Ric-Man
Construction, lnc.; And Should The Administration Not Be Successful ln Negotiating An
Agreement With Ric-Man Construction, lnc., The City Manager Recommends That The City
Administration Be Authorized To Terminate Negotiations, And That The City Manager Provide A
Recommendation For Further Review By The City Commission; And Further Authorizing The
Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By
The Administration.
(Public Works)
R7O A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Change Order
No. 3 To David Mancini & Sons, lnc., Dated June 10, 2015; Said Change Order, ln The Amount
Of $71,600, For Additional Scope For 77th Street Bridge Repair And Watermain Replacement For
Biscayne Point Neighborhood Right-Of-Way lmprovements Project, As Part Of A Flood Mitigation
Project On Crespi Boulevard.
(Public Works)
(ltems to be Submitted in Supplemental)
R7P A Resolution Accepting A Utility Easement From Aqua Master Association, lnc., Owner Of The
Property Located At 201 Aqua Avenue, For The Construction, Installation, Maintenance, Repair,
And Replacement Of Water Mains.
(Public Works)
(ltem to be Submitted in Supplemental)
R9 - New Business and Commission Requests
RgA Board And Committee Appointments.
(Office of the City Clerk)
R9A1 Board And Committee Appointments - City Commission Appointments.
(Office of the City Clerk)
RgA2 Waive The Residency
Zoning Board.
Requirement To Allow Roberto Rovira To Serve On The Planning And
(Sponsored by Commissioner Joy Malakoff)
RgB1 Dr. Stanley Sutnick Citizen's Forum. (8:30 a.m.)
R9B2 Dr. Stanley Sutnick Citizen's Forum. (1:00 p.m.)
19
19
Commission Agenda, June 10, 2015
R9 - New Business and Commission Requests (Continued)
RgC Update On The Miami Beach Convention Center Project.
(Office of the City Manager)
RgD Update On The Miami Beach Centennial.
(Office of the City Manager)
RgE Discussion Regarding Annual Report Card For Single Family Homes New Built Applications And
Lot Coverage.
(Sponsored by Commissioner Michael Grieco)
(Commissioner Malakoff on December 17 ,2014 requested this item come back in June 2015 - RgP)
RgF Discussion Concerning Beach Erosion And Beach Re-Nourishment Along The City's Beaches,
Particularly Between 21't And 29th Streets.
(Sponsored by Vice-Mayor Jonah Wolfson)
(On May 6, 2015 item was requested to come back in June 2015 - RgN)
RgG Discussion Regarding A Request From The Ocean Drive Association For Funding To Support
July 4th Fireworks ln South Beach.
(Tourism, Culture & Economic Development)
RgH Discussion Regarding Reducing Number Of Entrances To The Beach Sand.
(Sponsored by Commissioner Michael Grieco)
R9l Discussion Regarding Removing The County Jurisdiction On Transportation lssues.
(Sponsored by Commissioner Michael Grieco)
RgJ Discussion Regarding A No Tolerance Traffic Flow Map.
(Sponsored by Commissioner Michael Grieco)
RgK Discussion Regarding Securing An Air Show And Possible Private Programming Sponsorships
For Memorial Day Weekend 2016.
(Sponsored by Commissioner Michael Grieco)
RgL Discussion Regarding Amending The City Charter And City Code To Provide That, lnstead Of
The Board Of Adjustment, The Chief Special Master Shall Hear And Decide Appeals From, And
Review, Any Order, Requirements, Decision Or Determination Made By An Administrative Official
Charged With The Enforcement Of The Zoning Ordinance Of The City Of Miami Beach.
(Sponsored by Vice Mayor Jonah Wolfson)
(On April 15, 2015 item was requested to come back in June 2015 - RgP)
20
20
Commission Agenda, June 10, 2015
R9 - New Business and Commission Requests (Continued)
RgM Discussion Regarding Design Of Accessible Beach Project At Allison Park, 65th Street And
Collins Avenue And An Accessible Wellness Center On The Site.
(Sponsored by Commissioner Edward L. Tobin)
RgN Discussion And Update Regarding The Genting Development Project, City Of Miami.
(Sponsored by Commissioner Edward L. Tobin)
RgO Discussion And Referral To The Neighborhoods/Community Affairs Committee Regarding
Undergrounding For FPL Lines On The Venetian lslands.
(Sponsored by Commissioner Edward L. Tobin)
RgP Discussion Regarding Making The Urban Forest A City Of Miami Beach Priority.
(Sponsored by Commissioner Edward L. Tobin)
RgQ Discussion Of Proposed Ordinance To Make The Misdemeanor Acts Of Possession Of Cannabis
(Marijuana) And Drug Paraphenilia Eligible For Civil Violations And Penalties Under The City
Code.
(Sponsored by Mayor Philip Levine)
R10 - Citv Attornev Repfports
R10A City Attorney's Status Report.
(Office of the City Attorney)
Reports and lnformational ltems
1. Reports and lnformational ltems (see LTC 231-2015)
2. List of Projects Covered by the Cone of Silence Ordinance - LTC 216-2015.
(Procurement)
3. Report From Commission Committees Of Withdrawn ltems Not Heard Within (6) Six Months
From Their Referral Date.
(Office of the City Clerk)
End of Regular Aqenda
21
21
Commission Agenda, June 10, 2015
Miami Beach Redevelopment Agency
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
June 10, 2015
Chairperson of the Board Philip Levine
Member of the Board Michael Grieco
Member of the Board Joy Malakoff
Member of the Board Micky Steinberg
Member of the Board Edward L. Tobin
Member of the Board Deede Weithorn
Member of the Board Jonah Wolfson
Member of the Board Miami-Dade County Commissioner Bruno A. Barreiro
Executive Director Jimmy L. Morales
Assistant Director Kathie G. Brooks
General Counsel RaulJ. Aguila
Secretary Rafael E. Granado
AGENDA
Call to Order - 2:00 p.m.
1. NEW BUSINESS
A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment
Agency (RDA), Accepting The Recommendation Of The City's Finance And Citywide
Projects Committee, On First Reading Of This Resolution, And Approving, A Lease
Agreement Between The RDA (Landlord) And Cubiche 105, LLC (Tenant), ln Connection
With The Use Of Suite Nos. 1-3 At The Anchor Shops, Located At 1555 Washington
Avenue, Miami Beach, Florida (Premises), For A Term Of Nine (9) Years And Three
Hundred And Sixty Four (364) Days From Rent Commencement, With Two (2) Renewal
Options, For Five (5) Years Each; Further Waiving, The Competitive Bidding Requirement
ln Section 82-39(a) Of The City Code, Finding Such Waiver To Be ln The Best lnterest Of
The City/RDA; Referring The Proposed Lease To The Planning Board, For Review And
Approval, As Required Pursuant To Section 1.03(bX4) Of The City Charter, And Setting A
Public Hearing, As Required Pursuant To Section 82-37(a)(2) Of The City Code, For
Second (And Final) Reading And Public Hearing. First Readinq
(Tourism, Culture & Economic Development)
22
22
23
24
2015 CITY COMMISSION/REDEVELOPMENT AGENCY (RDA)
MEETING DATES
Commission/RDA Meetings Alternate (Presentation) Meetings
(Start at 8:30 a.m.) (Start at 5:00 p.m.)
January 14 (Wednesday) January 27 (Tuesday)
February 11 (Wednesday) February 25 (Wednesday)
March 11 (Wednesday) March 18 (Wednesday)
April 15 (Wednesday) April 29 (Wednesday)
May 6 (Wednesday) May 20 (Wednesday)
June 10 (Wednesday) None
July 8 (Wednesday) July 29 (Wednesday)
August - City Commission/RDA in recess
September 2 (Wednesday)
September 10 (Thursday) 1st Budget Reading at 5:01 p.m.
September 30 (Wednesday) 2nd Budget Reading at 5:01 p.m.
October 14 (Wednesday) October 21 (Wednesday)
November 9* (Monday) November 23* (Monday)
December 9 (Wednesday) December 16 (Wednesday)
* Meeting(s) for election related items only.
Unless noticed otherwise, meetings are held in the City Commission Chambers, Third Floor, City
Hall, 1700 Convention Center Drive, Miami Beach, Florida.
Dr. Stanley Sutnick Citizens' Forum will be held during the first Commission meeting each month.
The Forum will be split into two (2) sessions, 8:30 a.m. and 1:00 p.m. Approximately thirty (30)
minutes will be allocated per session for each of the subjects to be considered, with individuals being
limited to no more than three (3) minutes. No appointment or advance notification is needed in order
to speak to the Commission during this Forum.
25
PA
PRESENTATIONS
AND
AWARDS
26
Presentation
PA1 Presentation On The State Of The Travel And Tourism lndustry By William Talbert,
President & CEO Of The Greater Miami Convention & Visitors Bureau And Recognition
Of National Travel And Tourism Week.
(Requested by Mayor Philip Levine)
Agenda ltem PA I
DateJ-10--lS-27
THIS PAGE INTENTIONALLY LEFT BLANK
28
c2
GOMPETITIVE BID REPORTS
29
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID
(lTB)NO.2015-046-MC TO REPLACE THE DRIVING RANGE NETTTNGATTHE MIAMTBEACH
GOLF CLUB.
Advisory Board Recommendation :
Financial lnformation:
Source of
Funds:
Amount Account
1 $100,000 306-6'143-000671
2 $14,000 01 1-0950-000349
OBPI Total $1 14,000
Financial lmoact Summarv:
Build And Maintain Prioritv lnfrastructure With FullAccountab
Data Environmenta! Scan. etc.): N/A
Item Summarv/Recommendation :
The City is seeking to replace the existing driving range netting system of the Miami Beach Golf
Club to improve the security of the driving range and adjacent areas. Currently, the existing netting
is in poor condition and there is a constant need to patch holes and replace panels of the netting.
Additionally, the 12 feet height is insufficient and creates safety issues as range balls scatter
throughout the 15th and 18th holes where golf customers are playing. New poles will be furnished
and installed, and attached to 45 feet height of netting materialwith industrial grade hardware and
cable to safely secure the netting system. The new netting system will allow for the hardware to be
easily disconnected in the event of a hurricane.
To seek bids forthe project, ITB No.2015-046-MCwas issued on March 25,2015, with a bid
opening date of Aprl22,2015. The Procurement Department issued bid notices to sixty-eight (68)
companies. ITB resulted in the receipt of four (4) bids from Action Sports Netting, lnc., FHP
Tectonics Corp., Golf Range Netting, lnc., and Net Connection, LLC. See bid tabulation (Appendix
A). The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions,
and specifications of the ITB will be recommended for award. Veteran Status was not claimed by
any bidder.
The City Manager has considered the bids received, pursuant to ITB 2015-046-MC, and
recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the
award of a contract to Golf Range Netting, lnc., the lowest responsive, responsible bidder to the
ITB; and further authorize the Mayor and City Clerk to execute the contract.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami Beach,
Florida approve the City Manager's recommendation pertaining to the bids received, pursuant to
ITB 2015-046-MC to Reolace the e Nettino at the Miami Beach Golf Club.
Clerk's Office ve Trackin
MENT\ITB 2015-046-MC Replace the Driving Range Netting at the Mlami
AGE,},IBA ITEM ClAAAIAAAIBTACHo*re 6- to - 1530
City of Miomi Beoch, l700 Convention Center Drive, Miomi Beoch, Florido 33139. www.miomibeochfl.gov
COMMISSI N MEMORANDUM
follows:
Amount
$100,000
$ 14,000
$114,000
MIAMIBEACH
l' ITo: Mayor Philip Levine and Members of
fhe
CitV Cflmission
FRoM: Jimmy L. Morales, City Manager ,if-- I E\itt\I\l)t
DATE: June 1 0,2015 \ I
\l
SUBJECT: REQUEST FOR APPROVAL Tb EWEND A GONTRACT PURSUANT TO
TNVITATION TO BrD (rTB) NO. 2015-046-MC TO REPLACE THE DRTVTNG
RANGE NETTING AT THE MIAMI BEACH GOLF CLUB.
KEY INTENDED OUTCOME
Build and Maintain Priority lnfrastructure with FullAccountability
FUNDING
The funding for this project is as
Account Number
306-61 43-000671
01 1-0950-000349
Total Bid Amount:
for Parks & Recreation
BACKGROU N D IN FORMATION
The City is seeking to replace the existing driving range netting system of the Miami Beach
Golf Club to improve the security of the driving range and adjacent areas. Currently, the
existing netting is in poor condition and there is a constant need to patch holes and replace
panels of the netting. Additionally,the 12feet height is insufficient and creates safety issues
as range balls scatter throughout the 1Sth and 18th holes where golf customers are playing.
New poles will be furnished and installed, and attached to 45 feet height of netting material
with industrial grade hardware and cable to safely secure the netting system. The new
netting system will allow for the hardware to be easily disconnected in the event of a
hurricane.
ITB PROCESS
To seek bids for the project, ITB No. 2015-046-MC was issued on March 25,2015, with a
bid opening date of Aprl22,2015. The Procurement Department issued bid notices to sixty-
eight (68) companies. ITB resulted in the receipt of four (4) bids from Action Sports Netting,
lnc., FHP Tectonics Corp., Golf Range Netting, lnc., and Net Connection, LLC. See bid
tabulation (Appendix A). The ITB stated that the lowest responsive, responsible bidder
meeting all terms, conditions, and specifications of the ITB will be recommended for award.
Veteran Status was not claimed by any bidder.
ln its due diligence, the Procurement Department verified the following:
31
Commission Memorandum
ITB 2015-046-MC Replace the Driving Range Nefting at the Miami Beach Golf CIub
June10,2015
P a g e 12
1. Previous Experience: Bidders shall submit at least five (5) individual references
exemplifying their experience in projects similar in scope and volume involvinq
qolf nettinq installation proiects. References must be projects completed or in
progress within the last five (5) years.
Golf Range Netting, lnc. submitted five (5) individual references demonstrating
their experience in projects similar in scope and volume to the work indicated in
the lTB.
Accordingly, Golf Range Netting, lnc. has been deemed the lowest responsive and
responsible bidde(s) meeting all terms, conditions, and specifications of the lTB.
CITY MANAGER'S REVIEW AND RECOMMENDATION
The City Manager has considered the bids received, pursuantto ITB 2015-046-MC, and
recommends that the Mayor and City Commission of the City of Miami Beach, Florida,
approve the award of a contract to Golf Range Netting, lnc., the lowest responsive,
responsible bidder to the ITB; and further authorize the Mayor and City Clerk to execute the
contract.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida approve the City Manager's recommendation pertaining to the bids received,
pursuant to ITB 2015-046-MC to Replace the Driving Range Netting at the Miami Beach Golf
Club.
t()---
AD/IR/Mr/JM
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Memo.doc
32
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GOMMISSION COMMITTEE
ASSIGNMENTS
34
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OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Jimmy L. Moroles, City Monoger
Deede Weithorn, Commissioner
April 30, 2O15
Commission Consent Agendo - Referrol of ordinonces to Lond Use ond
Development Committee
Pleose ploce on the Moy 6, 2015 City Commission consent
A referrol item to the Moy 27,2015 LUDC meeting to review the following ordinonces:
Number One:
Signage Regulations within 250 Feet of NSOP
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CITY CODE CHAPTER 138, "SIGNS," AT ARTICLE V, "SIGN
REGULATIONS BY DISTRICT"; AND ARTICLE Vl, "SPECIFIC USE SlGNS," AT SECTION 138-172,
ENTITLED "SCHEDULE OF SIGN REGULATIONS FOR PRINCIPAL AND ACCESSORY USE SIGNS,"
IN ORDER TO ESTABLISH SIGN CRITERIA FOR GROUND FLOOR COMMERCIAL USES
IN PARKING GARAGES LOCATED ON NON-OCEANFRONT LOTS IN THE RM-2 DISTRICT, WITH
A PROPERTY LINE WITHIN 250 FEET OF NORTH SHORE OPEN SPACE PARK; AND
CREATING SECTION L38-206, ENTITLED "CITY IDENTIFICATION SIGNS AT CITY ENTRANCE
AND EXIT POINTS," IN ORDER TO ESTABLISH THE PROCESS BY WHICH THE CITY MAY ERECT
CITY IDENTIFICATION SIGNS NEAR THE CITY'S ENTRY AND EXIT POINTS; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
Number Two:
Parking Regulations within 250 Feet of NSOP
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CITY CODE CHAPTER 130, "OFF-STREET PARKING," ARTICLE
We are committ'ed to providing excellent public service ond sofefy to all who live, work, ond play in our vibranf , hopicol. historic communhv.
Agenda ttem C VAo"t"E35
III, "DESIGN STANDARDS," AT SECTION 130-68, "COMMERCIAL AND NONCOMMERCIAL
PARKING GARAGES," TO ESTABLISH REGULATIONS FOR MAIN USE PARKING GARAGES
LOCATED ON NON-OCEANFRONT LOTS IN THE RM-2 DISTRICT WITH A PROPERTY LINE
WITHIN 250 FEET OF NORTH SHORE OPEN SPACE PARK; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
lf you hove ony questions, pleose contoct me ot extension 6528.
Loydo Hernondez
On beholf of Commissioner Weithorn
We ore commifled to providing excellent public senice and sofely to ail who live, work, ond play in our vtbront, troptcol, htstoric communtty-
36
b MIAMIBEACH
City of Miomi Beoch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMI ION MEMORANDUM
To: Mayor Philip Levine and Mem mission
FROM: Jimmy L. Morales, City Ma
DATE: May 2Q,2Q15
SUBJECT: A REFERRAL TO THE AND CITYWIDE PROJECTS COMMITTEE
REGARDING A POTENTIAL .PRIVATE PARTNERSHIP WITH 1234
PARTNERS, LTD. FOR A PARKING GARAGE ON THE 12OO BLOCK OF
WASHINGTON AVENUE.
BACKGROUND
The Administration was approached by 1234 Partners, LTD. regarding a potential public-
private partnership for the development of a parking garage on the 1200 block of
Washington Avenue (west side). This site was identified by the Washington Avenue Blue
Ribbon Panel as a potential site for a parking garage development. The Administration
recommends a referral of this item to the Finance and Citywide Projects Committee fortheir
review and recommendation.
CONCLUS!ON
The Administration recommends a referral of this item to the Finance and Citywide Projects
Committee for their review and recommendation.
k
JLM/KGB/SF
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OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy L. Moroles, City Monoger
FROM: Joy V. W. Molokoff, Commissioner
DATE: Moy 28, 2015
SUBJECT: Referrol to Finonce ond City Wide Pro]ects Committee, Lond Use
Committee ond Plonning Boord for the review of oll Plonning fees,
including fees ossocioted with plons review, boord opplicotions ond other
min isteriol functions.
Pleose ploce the obove item on theJune 1O,2Ol5 City Commission ogendo.
The fees chorged by the Plonning Deportment ossocioted with plons review, boord
opplicotions ond other ministeriol functions hove not been reviewed or updoted in
opproximotely ten yeors. ln onticipotion of the implementotion of the City's new
permitting softwore, the plonning deportment needs to review, compore ond recommend
odiustments to the exisling fees in order to offset costs ossocioted with existing functions
ond future service levels.
lf you hove ony questions, pleose contoct me ot extension 6622.
JVWM
We ore commiffed to providing excellent public senice and sofenT n oll who live, work, ond ploy in our vibront, froeicol, /.,il;;;"
n", C V +'e-'
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40
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO:Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: May 22,2015
SUBJECT: A Joint Referral to the Sustainability and Resiliency Committee and Land Use
and Development Committee regarding the lncorporation of Green Roofs in future building
projects
Please place on the June l Oth City Commission Meeting Agenda a joint referral item to the
Sustainability and Resiliency Committee and Land Use and Development Committee
regarding the incorporation of Green Roofs in future building projects.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We ore commifted to providing excellenl publb service ond sofelT to oll who iive, work, ond ploy in our vrbront, tropical, historic communify'.
Agenda ttem CVD
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42
g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy Morales, City Manager
DATE: June 10,2015
SUBJECT: REFERRAL TO THE LAND USE & DEVELOPMENT COMMITTEE - DISCUSSION
REGARDING GRADE ELEVATIONS FOR NEW CONSTRUCTION
BACKGROUND
The City of Miami Beach is in the process of addressing sea level rise with enhancing the City's
stormwater systems and raising street elevations. The building codes dictate that finish floor
elevations are built at base flood elevation. However, there is a disconnect between the building
codes and City Code when it comes to setting the exterior grades to the property.
ln the event that a new building abuts a street without a sidewalk, the exterior property grades are
determined by the Director of Public Works. ln the event a sidewalk exists, the Code dictates the
property grades which can be out of character with the surrounding properties and do not reflect any
ability to increase grades in anticipation of rising sea levels. A process needs to be created to allow
for reasonable accommodation.
CONCLUSION
The Administration recommends approving the referral to the Land Use & Development Committee
for discussion and further direction.
rnvffiffrrr
Agenda ftem C</ E
Date 6'101{
of the Citv CommissionA f\tu
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44
TO:
FROM:
DATE:
SUBJEGT:
COMMISSION MEMORANDUM
MAYOR PHILIP LEVINE
MEMBERS OF THE GITY COMMISSION
JIMMY MORALES, CITY MANAGER
RAUL J. AGUILA, CIry ATTORNEY
coMMrsstoNER DEEDE wErrHoRN q^OA( ,il\
June 10,2015
JOINT REFERRAL TO LAND USE AND DEVELOPMENT COMMITTEE AND
PLANNING BOARD OF A MODIFICATION TO THE NOTICE PROCEDURES FOR
QUASI.JUDIGIAL APPLICATIONS BEFORE HISTORIC PRESERVATION BOARD,
BOARD OF ADJUSTMENT, PLANNING BOARD, AND DESIGN REVIEW BOARD.
Background:
The City of Miami Beach is in the process of updating the City's procedures and on-line capabilities
through the use of Energov and NOVUS Agenda. These systems, will allow for an online
collaboration in processing board applications and creating agendas for all City Commission and
quasi-judicial board meetings. As part of this initiative, City departments are in the process of
configuring the workflows which include the type of notice need for the type of application being
heard - whether there is a public hearing notice requirement, whether mailed notice or posting is
required, and the time tables for producing said notice.
Currently, the notice provisions for each board are located throughout the code, and are not easy to
find. Often, the notice provision is subsumed within a larger ordinance, and differ from board to
board making it very difficult for the general public to understand the type of notice they can expect.
ln an effort to foster transparency and facilitate ease of use, the City Planning Department has
requested that the various notice provisions contained in the Land Development Code, for each type
of application be consolidated in one ordinance, in one section of the Code, and be uniform for the
various land use board applications. This would also facilitate the implementation of the Energov
and NOVUS Agenda software systems and ensure that staff does not err in providing proper notice.
Additionally, I would like to make sure that the posting of any property subject to a quasi-judicial
proceeding for a land use application require that the posting be clearly placed facing the public right
away, without any obstructions. ln other words, the property owner cannot move the notice and
therefore ensure that there are no gates hindering the view of the notice, no trees covering the
notice, and clear language provided so that the community can be made easily aware of the request
and hearing date. There may also be a penalty provision relating to improper relocation of the notice.
To facilitate understanding of the various notice provisions, below is the citation of authority for the
various boards. Please note that the notice provision is often buried in a larger ordinance and is not
easily identifiable in the Code.
Aqenda ftem C? F
Date b-lo-t{.45
Referral to Land Use Committee and Planning Board
Revisions to Land Use Board Notice Requirements
June 10,2015
Page 2 of3
Relevant Notice Sections in the Code:
Design Review Board notice requirement is found at Section 118-254(b) and provides:
Section 118-524 (b): At least 30 days prior to the public hearing date, a description of the request,
and the date, time and place of such hearing shall be (i) posted on the property, (ii) advertised in a
paper of general paid circulation in the community, and (iii) given by mail to the owners of record of
land lying within 375 feet of property. The mail notification requirement shall be the responsibility of
the applicant. Additionally, courtesy notice shall also be given to any state nonprofit community
organization which has requested of the director in writing to be notified of board hearings. The
board shall approve, approve with conditions or deny applications.
Historic Preservation Board notice requirement is found at Section 118-534(b), as it relates to
revisions to the historic properties database; and Section 1 18-534(c), for Certificate of
Appropriateness hearings:
Section 118-534 (b): Except as elsewhere provided in these land development regulations, the
historic properties database may be revised from time to time by the historic preservation board
according to the procedures set forth in this subparagraph. Prior to making any revision to the city
historic properties database, the board shall hold a public hearing to consider the revision. The
owner of any property considered for listing or revision of classification in the database shall receive
notice of such hearing at least 15 days prior to the hearing. The hearing shall also be advertised in a
newspaper of general circulation in the city at least 15 days prior to the hearing. Notwithstanding any
other provisions of this section, after May 14, 1994 properties shall not be added to the database as
"historic" or reclassified as "historic" in the database unless they have been designated as "historic"
pursuant to the procedures set forth in chapter 118, article X, division 4. ln determining whether a
property classified in the database as historic should be reclassified, the board shall utilize the
designation criteria in subsection 1 18-592(a).
Section 118-563(c): All applications for a certificate of appropriateness forthe demolition or partial
demolition of any building, structure, improvement, significant landscape feature, public interior or
site individually designated in accordance with sections 118-591 ,118-592 and 118-593, or located
within an historic district and all applications for a certificate of appropriateness for new building
construction, alteration, rehabilitation, renovation, restoration or any other physical modification of
any building, structure, improvement, significant landscape feature, public interior or site individually
designated in accordance with sections 118-591 ,118-592 and 118-593, or located within an historic
district shall only be considered by the board following a public hearing. At least 30 days prior to the
public hearing date, a description of the request with the date, time, and place of such hearing shall
be (i) posted on the property, (ii) advertised in a paper of general paid circulation in the community,
and (iii) be given by mail to the owners of record of land lying within 375 feet of the property. The
mail notification requirement shall be the responsibility of the applicant. The historic preservation
board shall decide, based upon the criteria set forth in subsection 1 18-564(0(4), whether or not to
issue a certificate of appropriateness for demolition. A demolition permit shall not be issued until a
full building permit for the new construction has been issued, except as permitted under subsection
118-564(0(6).
46
Referral to Land Use Committee and Planning Board
Revisions to Land Use Board Notice Requirements
June 10,2015
Page 3 of3
Board of Adjustment notice provisions are found at Section 118-134, and provides:
Section 118-134: The board of adjustment shall not vary or modify any regulation or provision of
these land development regulations or hear an appeal of an administrative decision until a public
hearing has been held. At least 30 days prior to the public hearing date, a description of the request,
and the date, time and place of such hearing shall be (i) posted on the property, (ii) advertised in a
paper of general paid circulation in the community, and (iii) given by mail to the owners of record of
land lying within 375 feet of the property. This mailed notification requirement shall be the
responsibility of the applicant. Where the application is for an appeal of an administrative decision
the preceding information shall be supplemented by an explanation of what is being appealed.
Planning Board, notice for conditional use approvals, is found at Section 1 18-193, and provides as
follows:
Section 118-193: Applications for approval of a conditional use shall be submitted to the planning
department, which shall prepare a report and recommendation for consideration by the planning
board, and when required, by the city commission. Within a reasonable time, but in no instance less
than 30 days after receipt of a completed application, the board shall hold a public hearing, at which
parties in interest and citizens shall have an opportunity to be heard. At least 30 days prior to the
public hearing date, a description of the request, and the date, time and place of such hearing shall
be (i) posted on the property, (ii) advertised in a paper of general paid circulation in the community,
and (iii) given by mail to the owners of record of land lying within 375 feet of the property. This
mailed notification requirement shall be the responsibility of the applicant.
Recommendation: Referral of the item to LUDC and Planning Board.
47
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48
C4 - Gommission Commiftee Assignments
Referral To The Sustainability And Resiliency Committee - Designating A Department Or
Specific Employees To Develop And Oversee Sound And Comprehensive Policy
Regarding Climate Change.
(Sponsored by Commissioner Edward L. Tobin)
49
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50
€ MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MickySteinberg,Commissioner
DATE: June 10,2015
SUBJECT: JOINT REFERRAL TO LAND USE AND DEVELOPMENT COMMITTEE
AND NEIGHBORHOODS COMMITTEE OF A DISCUSSION ITEM RELATING TO
TRAFFIC STUDIES
Currently the City has a provision relating to traffic studies contained in
section 1 18-6, of the Code. The Planning Board and occasionally certain other land
use boards require a traffic study. The remainder of the time a traffic study would
occur at building permit. I would like to discuss expanding the use of traffic studies
earlier in the process, rather than at the last stage of the building permit process.
We ore commilted to providing excellent public service ond safety to oll who live, vtork, ond ploy tn our vibront, fropicol. historic
communily
Agenda ltem Q/H-
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r.-,.-.
I-i-,
' :.'t,
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Jimmy L. Moroles, City Monoger
Joy V. W. Molokoff, Commissioner
June 3, 2015
Referrol to the Lond Use ond Development Committee: Proposed revisions
to Chopter 126 of the Lond Development Regulotions of the City code,
pertoining to londscoping ond minimum stondords for the londscoping of
privote properties ond odding o requirement for o Tree Survey prior to the
issuonce of o Demolition Permit.
Pleose ploce the obove item on the June 10,2015 City Commission Consent Agendo.
lf you hove ony questions, pleose contoct me of extension 6622.
JWVM
We ore commilted to providing excellent public service ond sofenT rc oll who live, work, ond ploy in our vibront, tropicol, h Agenda ltem
Date53
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c6
COMMISSION GOMMITTEE REPORTS
55
rr-. --.
Il-'-,
OFFICE OF THE CITY MANAGER CO SSION MEMORANDUM
SSiONTO:Mayor Philip Levine and Members of City Com
FROM: Jimmy L. Morales, City Manager
DATE: June 3,2015
SUBIECT: REPORT OF THE NEIGHBORH
MEETING ON FRIDAY, MAY 29,
UN|TY AFFATRS COMMTTTEE (NCAC)
A meeting of the Neighborhood/Community Affairs Committee was held on Friday, May 29,
2015 al 2:00pm in the Commission Chamber, 3rd Floor of City Hall. Commissioners in
attendance: Commissioners Michael Grieco, Micky Steinberg and Ed Tobin. Members from the
Administration and the public were also in attendance.
THE MEETING OPENED AT 2:01 P.M.
1. Discussion Regarding A Resolution To Collaborate To Develop An Enhanced
Partnership With The Miami-Dade County School Board (School Board) And To
Amend The City's Educationa! Compact To Provide Enhanced Educational
Services To The City's Public Schoo! Students, By Working Collaboratively On
Funding To Prioritize Early Learning Opportunities, lncluding The Head Start
Program; Title 1 VPK; VPK Fee Supported; And SPED Pre-K; By Providing
lnstructional Support For Extracurricular Or Choice Offerings At City High School
And Middle School Grades; By Enhancing The Districts Afterschoo! Programming,
lB Program And EFL Program; And To Provide A Schedule For Accomplishing
These Goals.
Item R9Q, April 15,2015
(Requested by Commissioner Grieco)
AFTER.ACTION
Dr. Leslie Rosenfeld, Chief Learning Development Officer, presented this item. This item
was jointly referred to the Finance and Citywide Projects Committee and
Neighborhood/Community Affairs Committee by the Commission on April 15,2015 for a
joint meeting on May 20, 2015. The item was subsequently referred to a joint meeting
on May 29, 2015. The Miami-Dade County Public School (M-DCPS) representative
provided information on the projected cost of one Pre-K classroom and the Miami Beach
waiting list data for public elementary schools in Miami Beach with approximately 55
children on the wait list for the 2015116 school year. Commissioner Michael Grieco
explained that the funding for Voluntary Pre-Kindergarten (VPK) comes from the State at
approximately $2,400 per child for 3 hours a day for 180 days. He further explained that
current VPK offerings in M-DCPS located on Miami Beach are unable to accommodate
the demand for the 2015116 school year.
201
Agenda ltem CO 4Date-m-S56
lraida Mendez-Cartaya, Associate Superintendent for Miami-Dade County Public
Schools, informed the committee that state requirements do not call for certified VPK
teachers, but M-DCPS uses teachers certified in Pre-K and elementary education and
aspire for a full-day of high quality Pre-K education. According to lraida Mendez-Cartaya,
the State of Florida provides a reimbursable amount of $2400 per student, which applies
only to 4-year-olds. Ms. Mendez-Cartaya stated M-DCPS uses two models. ln Title I
schools, the state provides funding for 3 hours because VPK is a voluntary program. M-
DCPS subsidizes the remaining 3 hours through Title I funds if applicable. For non-Title
I schools, VPK is parental fee based for hours beyond the State allocated timeframe.
Commissioner Grieco requested clarification on the school VPK lottery, keeping in mind
that there were 55 families who were not able to enroll their child in a public school VPK.
lraida Mendez-Cartaya explained that a lottery system is a practice the district for
programs where demand exceeds available seats. According to lraida Mendez-Cartaya,
lotteries are used for admission into VPK, magnet programs, and other choice programs,
they are a function of both lack of space in and lack of funding for a particular school.
Based on previous public discussions with M-DCPS officials, Commissioner Grieco
indicated that facility space is available at other Miami Beach public elementary schools;
however, that may not be the family's first choice location.
Ms. Mendez-Cartaya indicated that both Biscayne Elementary and Fienberg-Fisher K-8
Center have facility space to accommodate additional VPK classes, but M-DCPS is
limited in Title ldollars. According to Ms. Mendez-Cartaya, Title ldollars is an allocation
that comes from the federal government through the state and that allotted amount is
finite. Ms. Mendez-Cartaya stated that M-DCPS had not received Title I funding
information for the upcoming school year. lraida Mendez-Cartaya said purchasing power
is less than last year because M-DCPS is experiencing increased costs due to business
and salary enhancements for teachers. According to Ms. Mendez-Carlaya, even if M-
DCPS received the same dollar amount for the 2015-2016 school year as the 2014-
2015 school year, the school board cannot purchase the same amount of
classrooms/units, and be able to augment programs. M-DCPS is preparing the budget
for the 2015-2016 school year, and is internally looking for efficiencies (i.e. budget
reductions), in order to have a balanced budget next school year. lraida Mendez-Cartaya
said the K-12 system is currently receiving $6,915 perstudent. ln 2007-2008, the school
district was receiving $7,307 per student.
Commissioner Tobin addressed the public and said that if the city could fund some of
the VPK, the school board could work with the City of Miami Beach to provide VPK for
children that did not win the VPK lottery. Commissioner Tobin stated that during the
retreat, those that opposed funding for VPK felt as though allotting city money to this
cause was akin to a double tax, and that some of his colleagues may not appreciate the
robust VPK program that M-DCPS offers.
Commissioner Grieco said that the City has over $400,000 in the Education Compact
Fund, which is dedicated to education. According to Commissioner Grieco, the fund
replenishes about $90,000-$100,000 annually. Commissioner Grieco said that they are
limiting the funding of VPK classes to a three-year commitment. The first year would cost
$253,042, and the following two years would cost $189,042 for two classes. The
$253,000 pays for the educators and paraprofessionals, and the additional 50,000 or so
would be the start-up cost materials, classroom set-up, physical plan etc.
57
2.
Commissioner Tobin asked the School Board representative what their contribution
would be, if the VPK money is paid by the state, and the City of Miami Beach paid for the
other half.
Commissioner Grieco also said that the City of Miami Beach subsidizes a playtime
program with 60 participating children in three different locations, which is non-
educational and done through the parks department.
Commissioner Tobin said that he was not sure how to get this item past committee,
since it could not be voted on.
Commissioner Grieco said this item would come up as a budget amendment on June
1oth.
NO ACTION TAKEN.
Discussion Regarding Valet Parking.
Item R9S, March 20,2015
(Requested by Commissioner Grieco)
AFTER.ACTION
Saul Frances, Parking Director, presented this item. Saul Frances said the item before
the Committee was referred at the March 11th commission meeting to both the Finance
and Neighborhoods committees. There was an extensive discussion regarding
enhancing and strengthening regulations in the city code to enforce valet. Saul Frances
said there were valet operations on some of the major corridors in the city, and a number
of ramps/ loading locations adding to congestion. According to Saul, there were two
threshold policy questions that the Parking Department was posing. The first question
was to grandfather in existing valet operators at the existing valet locations. One issue
that was of full concern with the commission was insuring that the beach could maintain
competition with the existing 20-22 valet operators in the city. The second question
posed by the Parking Department was in regards to types of uses for valet. Currently,
valet is open to anyone that applies, as far as the city code is concerned. The Parking
Department is suggesting that the City of Miami Beach limit valet to certain types of
businesses, such as restaurant, clubs, and office buildings. As far as the city code, the
Parking Department is suggesting strengthening the code by requiring a traffic
operational plan, that the venues have sufficient storage, regulation of the use of ramps,
consistent "street furniture" or signage, and increases in the valet fines structure.
Commissioner Tobin suggested franchising valet and keeping prices consistent. Saul
Frances said the challenge with that was storage, and that the city would not have
sufficient vehicle storage to provide these businesses, therefore a valet operator would
still need to find private storage. ln addition to insurance, Saul Frances said this drives
costs for businesses; franchising valet could cause challenges for valet operator in
running their business.
MOTION: By Commissioner Michael Grieco to move to Commission with a positive
recommendation. Second by Commissioner Steinberg. Unanimous approval.
58
3.Report From Miami-Dade County Public Schools On The Status Of The Action
Plan Related To Nautilus Middle SchoolAnd Progress To Date.
Item R9E, October 22, 2014
(Requested by Commissioner Tobin)
AFTER.ACTION
Dr. Leslie Rosenfeld, Chief Learning Development Officer, presented this item. Dr.
Rosenfeld said this item was a follow up to an agreement with MDCPS to provide
quarterly updates on the Nautilus Middle School Action Plan that was provided to the
commission in July of 2014 by the superintendent to support the ongoing partnership to
improve Nautilus Middle School.
Sally Alayon, North Region director for M-DCPS, spoke on behalf of the principal for
Nautilus Middle School, and said the school focused on improving five areas, which
were measured by surveys. Ms. Alayon said the school was still pending results from
standardized testing, final exams, and the climate survey. The first area that the school
focused on improving was academics, and they did this by working closely with FIU and
their ACCESS group. According to Sally Alayon, there will be a focus group this summer
that will aim to improve the next school year with results from the current 2014-2015
school year.
Commissioner Tobin asked how it would be possible to get access to what exactly FIU
did and see how comprehensive their analysis was. Ms. Alayon said she would provide
that information in the near future.
Sally Alayon said that one of the benefits that came out of the relationship with FIU is a
research-based program called Habits of the Mind, which is continuous training for all
core area teachers. Sally Alayon said that training has been another focus, and that 98%
of teachers have been trained to teach the lnternational Baccalaureate (lB) program,
and to date they had 30 teachers who had registered for the City of Miami Beach
professional development lB workshop in August 2015. There was also a focus on
increasing access to tutoring for students at Nautilus Middle School.
Commissioner Tobin asked Sally Alayon and Dr. Rosenfeld to find out how many
children participated in the various tutoring programs.
Sally Alayon said that teachers also had to participate in Professional Learning
Communities (PLC), which was another focus of Nautilus Middle School. PLCs are
places where teachers can share ideas, brainstorm, and align their teaching strategies
with the standards. According to Sally Alayon, sessions increased by 460/o and all
teachers participated..
Sally Alayon said another focus was increasing technology, and thanks to donations
there has been a 60% enhancement in computer labs, from 5 to 8 computer labs. There
has been an increase in desktop computers, laptops, and tablets that were purchased by
the school district for seventh graders to use in their civics class.
Another focus was on improving school culture, and Sally Alayon said that was noted
through a 38o/o decrease in student suspensions.
The next goal was to improve instructional personnel practices, and Sally Alayon said
that there has been a lot of training and the principal for Nautilus Middle School did well
59
4.
in strategizing where to place teachers.
Sally Alayon said the last category was to improve parent involvement, and the school
had achieved this based on the increase in Parent Teacher Student Association (PTSA)
involvement and the increase in the number of business partnerships.
Commissioner Tobin asked Sally Alayon what is missing that could be presented in two
months. Sally Alayon said they should have test results and school climate results by
mid-summer, and Dr. Rosenfeld said the final enrollment number for the lB professional
development would be available then as well.
RECOMMENDATION: Commissioner Tobin suggested that Nautilus Middle School try
to get real time data with climate surveys, rather than wait until the end of the school
year to obtain them.
AGTION: To be brought back at the July 31't NCAC meeting.
Discussion Regarding A Commercial Use Permit Fee For City-Owned Property
And City Parks Facilities.
Item C4B, June 11, 2014
(Requested by Parks and Recreation)
AFTER-ACTION
John Rebar, Parks and Recreation Director, presented this item. John Rebar said that
with the rise of exercise, there are many yoga/health instructors that host classes in
publicly owned spaces- mostly parks. John Rebar said that rather than create an
ordinance to address this, Parks and Recreation has had staff on vigilance informing
these instructors about the rules, and providing the instructors the opportunity to address
these issues by legitimizing them as permanent instructors for the City. John Rebar said
no one has shown in interest in that, and Parks and Recreation is not ready to provide
any fee or structure because there is no feedback; however, the department is ready to
implement a Parks Ranger program, which is a new tool of enforcement and education.
Commissioner Grieco asked if any of these instructors were acting within the law, and
John Rebar said it was all un-regulated pop up instructors. John Rebar said there are
professional service agreements and independent contractor agreements that Parks and
Recreation was hoping to use for legitimizing instructors, but had been unsuccessful in
doing so.
Commissioner Tobin said to defer this item until Parks and Recreation have
implemented the Park Rangers for at least three months.
ACTION: Deferred until Park Rangers have been hired and the program has
been implemented for at least three months, unless the problem increases
significantly, in which case it should be brought sooner.
60
5.Discussion Regarding Artist and Non-Profit Vendor Ordinances.
Item C4P, April 25, 2015
(Requested by the Planning Department)
AFTER.ACT!ON
Thomas Mooney, Planning Director, presented this item. Thomas Mooney said this was
an item that was last before the Committee on February 27th and consisted of a
discussion of amendments to the artist and Non-Profit Vendor Ordinance. The
Committee asked for planning to come back with a draft ordinance thdt incorporated the
things discussed at the meeting. Thomas Mooney said that the previous committee had
been eliminated since the previous evaluation and replaced with an officer entity
designated by the City Manager. The number of artist zones has been proposed to be
reduced, from 26 to 10 on Lincoln Road and from 6 to 3 on the street ends of 17th street,
18th street, and Lincoln Road. Thomas Mooney said additional revisions to available
zones have been proposed which simplify the administration of the program, as well as
modifications to the dimensions of artist zones, hours of operation, and penalties for
non-compliance have been strengthened.
MOTION: By Commissioner Steinberg to move the draft ordinance to
Commission. Second by Commissioner Grieco. Unanimous approval.
Discussion Regarding Naming The Accessible Beach And Playground At Allison
Park, 65th Street And Cotlins Avenue, "sabrina's Beach And Playground At Allison
Park."
Item C4L, April 15, 2015
(Requested by Commissioner Tobin)
AFTER.ACTION
Debora Turner, First Assistant to the City Attorney, presented this item. Debora Turner
informed the Committee that the City Attorney's office met with Mr. Chris Makos and
explained the process to him. Debora Turner said that before this item comes back to
NCAC, the Committee needs a formal proposal from the administration and the code
requires that it also include a written analysis of the cost of maintenance for application
to the wall.
Commissioner Steinberg said that Sabrina is trying to get grant money for the accessible
beach, and asked the committee to go to SabrinaCohenFoundation.org and vote "Beach
for All" on the State Farm Neighborhood Assist program.
ACTION: Bring back to the September NCAC meeting date.
Proposed Route And Service Plan For The Middle Beach Trolley.
Item C4B, April 15, 2015
(Requested by Commissioner Tobin)
AFTER.ACT!ON
Jose Gonzalez, Transportation Director, presented this item. Jose Gonzalez said the
Middle Beach Trolley is an integral piece of the proposed city-wide interconnected trolley
system, and has been working closely with the Miami-Dade transit to try to come up with
the optimal route. Middle beach is comprised of two separate routes that will
interconnect Collins and 41't street, and Collins Link will provide a direct connection to
6.
7.
61
8.
the North Beach Trolley Loop. Jose Gonzalez said the Transportation Department has a
meeting with the Director of Miami-Dade Transit, Ysela Llort, to go over the route again.
According to Jose Gonzalez, Miami-Dade Transit expressed concern over the southern
portion of the Middle Beach Loop and its overlap with the South Beach Local, specifically
the portions along Dade Boulevard, in order to serve the Publix at Dade and Michigan.
Jose Gonzalez said the department was continually looking at those issues, but was
recommending the Committee's approval to pursue an inter-local agreement with the
county for the proposed route. Jose Gonzalez said if any changes were made after the
inter-local agreement was executed, they would be brought back to the Committee by
way of amendment to the inter-local agreement.
MOTION: By Commissioner Grieco to approve the pursuit of an inter-local agreement
with Miami-Dade County. Second by Commissioner Steinberg. Unanimous approval.
A Resolution Approving And Authorizing The Administration To Accept $40,050
From Penrod Brothers, lnc. For The Re-Design And Development Of Construction
Documents For The Reconstruction Of Surface Lot 01A. Penrods At One Ocean
Drive.
Item C7G, May 6,2015
(Req uested Commissioner Grieco)
Mark Milisits, Asset Manager with the Office of Real Estate, presented this item. The
item was handled by ClP, which contracted a consulted to provide the drawings for the
re-design. CIP met with several departments and agreed that the redesign was feasible.
Mark Milisits said the item was brought to Commission May 6th and was referred to this
Committee for the addition of greenspace, more detailed site plans, and more electrical
charging stations. Mark Milisits said the site plan brought to commission illustrated a
2700 sq. ft. net reduction of greenspace, but the drawings proposed to NCAC have been
re-designed to show only a 28 sq. ft. loss of greenspace. Mark Milisits said that as part
of the lease with Nikki Beach, they are entitled to 88 parking spaces and the city's
parking spaces increase by 25 inside the parking lot, and 2 ADA spaces on South Pointe
Drive. Mark Milisits said that the street parking would be metered, but the Penrod
parking is not.
Commissioner Grieco expressed a concern with potential conflicts between Nikki Beach
deliveries and city parking spaces. ln regards to spaces that need access for deliveries,
Saul Frances said that perhaps the City could restrict delivery times to early hours so
that any delivery spaces become available parking the balance of the time.
Sabrina Baglieri, Senior Capital Project Coordinator in ClP, said the cost of construction
should remain about the same as it was for the original design, at $1.3 million.
MOTION: By Commissioner Grieco to refer the redesign of Surface Lot 01A to
Commission. Second by Commissioner Steinberg. Unanimous Approval.
62
9. Discussion On The Beautification Of The Alton Road Flyover Bridge At The
Eastern End Of l-395
Commission ltem RgM, October 22, 2014
(Req uested by Comm issioner Malakoff)
AFTER.ACTION
Eric Carpenter, Public Works Director, presented this item. Eric Carpenter said there
would be two presentations. The Commission had directed Public Works to reach out to
Florida lnternational University and work with the school to come up with a concept plan
to make the overpass more aesthetically pleasing. Eric Carpenter said the first
presentation would be from FIU and the second presentation would be on behalf of
DiBari lnnovation Design.
Commissioner Tobin said the City should analyze whether the Alton Road Flyover
should come down, considering that taking down the 63'd street flyover improved traffic
mobility. However, Eric Carpenter said that the triple left hand turn that would be
required, to allow for the same volume of traffic to move through the intersection, could
not provide the same amount of through traffic based on the bridge width. According to
Eric Carpenter, without widening the bridge approach to the intersection, there would be
challenges with providing the same amount of through-put.
FIU proposed a plan that would transition the entrance into Miami Beach, which included
four towering walls, powered by solar lights, staggered across the City's threshold to
establish a monumental entrance. The walls would greet visitors with images or event
information.
Vito Di Bari, Designer for DiBari lnnovation Design, presented his ideas following FIU's
proposed plan. Vito Di Bari had about 20 idea concepts, of which he presented 12:
Never Bridge, Stayin there, City Tower, Over the Rainbow, Hi-Tech Forrest, Rainbow
Bridge, Bubbles, lllusionist, We Are Golden, At the Speed of Light, Diamond Bracelet,
and Wave After Wave.
Commissioner Tobin suggested that Public Works and Vito Di Bari sit with
commissioners and staff and present these concepts to them as well. Eric Carpenter
said Public Works would narrow the focus of all the concepts presented and get pricing.
Commissioner Tobin suggested Public Works prepare very brief 5-7 minute presentation
of both FIU's and Vito Di Bari's presentation for the July commission meeting.
Vito Di Bari said he would be happy and willing to collaborate with FIU on this.
MOTION: By Commissioner Steinberg to refer presentation on the Beautification of the
Alton Road Flyover Bridge to Commission. Second by Commissioner Grieco.
Unanimous approval.
10. Monthly Grime Statistics Report. (Recurring ltem On A Monthly Basis)
Commission ltem R9D, April 13, 2011
(Requested by Commissioner Tobin)
AFTER.ACTION
Samir Guerrero, Police Captain and Lauretta Hill, Assistant Chief of Police, discussed
this item with the Committee. Commissioner Tobin asked that they focus the discussion
63
on their efforts to keep residents and visitors safe in the Entertainment District. Captain
Guerrero informed the Committee that the Entertainment District, comprised of
Washington Avenue, Collins Avenue and Ocean Drive, has been the subject of a variety
of details. Currently the Crime Suppression Team (CST) has been targeting that area
with members of the robbery detail, undercover officers that target prostitution and
narcotics. Captain Guerrero said that the homeless outreach detail has been focusing on
Washington Avenue and Lummus Park on Ocean Drive. The PD has also been setting
up regular LPR details on 5th street, leading into Collins Avenue and into Ocean Drive.
Captain Guerrero said PD has also begun DUI saturations, concentrating on the
Entertainment District where most of the calls for service are. According to Captain
Guerrero, calls have increased in the Entertainment District. Captain Guerrero recounted
a special detail that took place in the Entertainment District called Operation Visibility,
which took place from April 9th through May 16th and targeted beach theft and illegal
vendors on Ocean Drive. Police will be starting another special detail beginning June Sth
through June 27th called "Ocean Drive Quality of Life" detail, which will concentrate more
on the homeless issues that Miami Beach is having on Lummus Park. Captain Guerrero
said that a sergeant and three more officers have been added to the Ocean Drive
midnight shift, and five ATV details have been added to the beach for seven day
coverage.
Commissioner Michael Grieco suggested that officers should have their windows rolled
down while in patrol cars so as to hear and smell what is going on outside their vehicle,
and in turn police more effectively and proactively. Captain Guerrero informed the
Committee that all officers assigned to the entertainment area are either assigned to
bikes, or ATV.
The Committee was told that minimum staffing from Sth to 17th street is 8 police officers.
South of 17th there are six units.
Chief Hill said that one of the priorities in the proposed budget is to get more staffing for
the Entertainment District to cover the overnight hours and supplement the officers that
are already there. ln addition, Chief Hill said PD wants to increase the motors unit to
zone in on DUI issues.
NO ACTION TAKEN.
Meeting adjourned al 4:17pm.
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65
,,',imffiAtt*l
OFFICE OF THE CITY MANAGER
Jimmy L. Morales, City Manager
June 10,2015
MEETING OF THE SUSTAINABI
WEDNESDAY, MAY 27,2015
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Members of the City C
COMMISSION MEMORANDUM
RESTLTENCY COMMTTTEE (SRC) ON
A meeting of the Sustainability and Resiliency Committee was held on Wednesday, May 27,2015in
the Commission Chambers, 3'd Floor of City Hall. Commissioners in attendance: Commissioner
Michael Grieco, Commissioner Micky Steinberg, Commissioner Deedee Weithorn and Commissioner
Joy Malakoff. Members from the administration and the public were also in attendance
The meeting was called to order at 1:06 PM
OtD BUS'NESS
1. Mayor's Blue Ribbon on Flooding and Sea Level Rise Update
AFTER.ACTION
Scott Robins, Committee Chairman presented the item. Mr. Robins provided an update on the
April 28, 2015 Mayor's Blue Ribbon Panel.
Bruce Mowry, City Engineer provided an update on current flood control projects throughout the
City including the ongoing installation of pump stations. The largest rated capacity pump station
systems in the City to date is currently being installed at the north end of Crespi Boulevard. He
added that it will be functional in approximately 2 weeks. Mr. Mowry explained, that the section of
lndian Creek from 27th-38th street may experience flooding related to high tide events from August
through December. FDOT and the City are developing a proposal for commission to approve a
plan to minimize flooding in this area. Lastly, Sunset Harbor has all underground utilities
completed and the city will now work on raising the streets.
Commissioner Grieco added that residents have been questioning on where the water goes once
streets are raised. Mr. Mowry responded that the City has invested over $12 million dollars to
date in Sunset Harbor. This includes the drainage system in that neighborhood. The streets have
been designed so that that any water that falls on the right-of-way drains down the street where it
is then retained and moved into a nearby inlet. The water then flows into to the pump stations,
cleaned by a pollution control device and then pumped out into the bay.
David Martinez, CIP Director provided an update on ongoing capital improvement projects
throughout the City related to flooding. He announced that Sunset 3 and 4 had a ground breaking
ceremony earlier in the month. He added that Central Bay Shore South is in the cone of silence
and that the 1"t step of the design build process is in the RFQ process. Mr. Martinez added that
the south side of San Marino lsland is now paved. The northern section will be paved within the
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities,
review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice) or 305{73-721 8
initiate your request. TTY users may also call 711 (Florida Relay Service).
Agenda ltem COB
o^t - G)/04(66
2.
3.
next week or two which should alleviate traffic concerns.
Commissioner Malakoff inquired about the need for more public outreach. She explained that
residents do not react positively to having landscaping removed although there is a purpose for
the action. She added that an example of this has happened in the Venetian lslands where
landscaping was removed to make way for pump stations.
Eric Crpenter added that part of the challenge is that the City has to put in the pumps stations
because the streets are not able to retain water as much as they have in the past. He explained
that swales have been built in overtime causing water to not drain. He added that encroachments
become an additional problem but that the city is empathetic with the concerns of the public.
MOTION: NO ACTION TAKEN
Sustainability Commiftee Update
Dave Doebler, Committee Chairman provided an updated for the April 23,2015 sustainability
committee meeting.
Referral to consider alternative trash receptacles in high-traffic areas.
Commission ltem C4C, January 27, 2015
(Req uested by Commissioner Grieco)
AFTER.ACT!ON
Commissioner Weithorn informed the committee that the presentation would be heard but that
actions will not be taken until staff is able to fully review the assessment report provided by Big
Belly Solar.
Commissioner Grieco responded that it is still possible to move forward with the presentation
since the assessment. report is not requesting funding.
Joe Murphy, Senior Vice President for Big Belly Solar presented Big Belly receptacles to the
committee. He gave an overview of the client assessment report conducted for Miami Beach. The
study summarizes points from the survey findings and makes recommendations for a potential
program for the City. He added that if needed, a cigarette butt option can be included to the
receptacles. The presentation also incorporated locations of where a pilot program could be
initiated. Mr. Murphy stated that there is an advertising option for the receptacles and that they
also have WlFl capabilities that do not require electricity.
Commissioner Weithorn expressed concerns over advertising options and the visual pollution it
creates and requested that legal research what regulations are in place regarding advertising.
She also asked what the cost to the city is to install these receptacles without advertising. Mr.
Murphy stated that the pilot program includes 24 stations on an annual subscription of $36,000 in
addition to any savings from a decrease in manual labor.
Commissioner Grieco added that he understand CommissionerWeithorn's concern butfeels that
actual pollution is more of a problem then visual pollution. He added that he is ln favor of options
that allow for littering to be minimized.
MOTION: The Sustainability and Resiliency Committee refers the item to the Gity
Commission with direction to staff to explore the range of finance options offered by Big
Belly Solar without the recommendation of advertising options.
Motion made by Gommissioner Steinberg, seconded by Commisoner Grieco.
NEW BUS'A'ESS 67
4.Discussion Regarding the Provision of Renewable Energy Sources ln New Construction
Projects.
Commission ltem C4G, April 15, 2015
(Requested by Commissioner Steinberg)
AFTER ACTION
Commissioner Steinberg presented the item. She clarified that the ordinance presented is a
draft.
Elizabeth Wheaton, Assistant Building Director added that she has been working with planning
on promoting sustainable development. The item would require that new construction to be
LEED certified. The benefit of LEED certification is that it is an outside party conducts the
certification. This organization utilizes a ranking system that looks at water conservation, water
quality, renewable energy, clean energy, and the health of building occupants.
Rogelio Madan, Principal Planner explained that LEED is accredited by the U.S. Building Council
and that they would be in charge of distributing the certification. A Sustainability fee program
would be implemented where new construction projects that do not become LEED certified will be
required to pay a percentage of the construction costs. This fee would be paid prior to
construction in the form of a bond orescrow. A separate sustainabilityfund would be established
for the funds to go to. He added that fees will be based on the level of LEED certification that is
acquired.
Ms. Wheaton explained that outreach will be carried out with the design and construction
community to obtain feedback. This will include contractors, architects, and internal staff. The
meeting will help ensure that the incentives are put in place and that this initiative does not
become a burden on the development community. She stated that the funds will be used for
sustainability and resiliency projects in addition to promoting green infrastructure.
Commissioner Grieco asked that this item also take into consideration of utilizing green roofs as
part of the incentive. Mr. Madan explained that green roofs in historic areas that may not have the
capabilities for this option.
MOTION: Staff to continue to develop the ordinance and consult with the design and
construction community before presenting an updated draft to the Sustainability and
Resiliency Commiftee.
Motion made by Gommissioner Steinberg, seconded by Gommissioner Weithorn.
Referral regarding the citywide prohibition of polystyrene.
Commission ltem C4L, May 6, 2015
(Requested by Commissioner Grieco)
AFTER-ACTION
Debora Turner, First City Attorney presented this item. She explained to the committee that her
department has conducted research to see how other cities have regulated expanded
polystyrene food service articles. She added that the New York City has enacted a polystyrene
ban and has had litigations filed against them as a result. The ordinance was put on hold for this
reason. She added that Dart and other polystyrene suppliers created a petition to prevent the ban
from occurring.
Commissioner Grieco recommended that additional research be conducted on the economic
impact of this ban on food service. He added that the next step would be to eliminate the sale of
Styrofoam coolers and cups.
5.
68
6.
Commissioner Steinberg added that enforcement must also occur in order to help make this
initiative successful.
MOTION: Direct Staff in the City Attorney's office to draft an amendment that would
include extending the current prohibition to the sale and purchase of polystyrene cups,
coolers, food service articles within city limits.
Motion made by Commissioner Steinberg, seconded by Commissioner Weithorn.
Referra! Regarding The Endorsement Of The Floridians For Solar Choice Ballot lnitiative
Commission ltem C4G, May 6, 2015
(Req uested by Commissioner Grieco)
ACTION: ltem deferred to June 24,201 5 Sustainability and Resiliency Committee Meeting.
Discussion Regarding AECOM's Progress On The Development Of The City's
Comprehensive Resiliency Program
Commission ltem C4F, May 6, 2015
(Req uested by Commissioner Grieco)
AFTER.ACTION
Scott Robins presented this item. He explained that AECOM is producing a resiliency manual
that will review existing codes and ordinances related to sea level rise adaptation strategies. The
document will be completed in three phases which will include review of existing
codes/ordinances, risk vulnerability assessment, and an implementation program. The report
from AECOM is anticipated to be finalized by the end of 2015.
Marsha Tobin with the AECOM Climate ResiliencyTeam and Jason Bird, the SustainabilityTeam
Lead, provided a brief summary of the program that AECOM is currently developing for the City.
They explained that the document analyzed assets that are at risk in the built environment and
added that the origin of this document stems from the recommendations of the Blue Ribbon
Panel. They are also looking into building codes, land development regulations and how they
can be improved in addition to developing policies that are adaptable to sea level rise.
Commissioner Grieco inquired about how much time AECOM needs before they come back to
this committee with more information. Ms. Tobin replied that by September should be sufficient
and that any additional updates could be provided through staff.
ACTION: ltem continued to the September 9, 2015 Sustainability and Resiliency Committee
Meeting.
Meeting adjourned at 2:55 PM
69
MIAMI BEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33.139, www.miomibeochfl.gov
COMMI MEMORANDUM
Mayor Philip Levine and Members f the City
FROM:Jimmy L. Morales, City Managerr
IDATE: June 10,2015
SUBJECT: LAND USE AND DEVELOPMENT qOMMITTEE MEETTNG OF MAy 27,2015
A Land Use and Development Committee meeting was held on May 27, 2015. Land Use
Committee Members in attendance were Commissioners Joy Malakoff, Ed Tobin, and Jonah
Wolfson. Commissioners Mickey Steinberg and Michael Grieco were also in attendance.
Members from the Administration, including, Joe Jimenez, Thomas Mooney, Raul Aguila,
Eve Boutsis, Eric Carpenter, Michael Belush, Carmen Sanchez and Rogelio Madan, as well
as members of public, were also in attendance. Please see the attached sign-in sheet.
The meeting was called to order at 3:03 PM.
1. DISCUSSION ON POSSIBLE AMENDMENTS TO CHAPTER 6 AND CHAPTER 142
OF THE CITY CODE.
(RETURNING FROM THE ApRtL 1, 2015 LUDC MEETTNG
SPONSORED BY COMMISSIONER JONAH WOLFSON
SEPTEMBER 10. 2014 CITY GOMMISSION MEETING, ITEM C4O}
VERBAL REPORT
MOTION: Continued to June 17,2015 by Acclamation.
2. DISCUSSION ON THE COLLINS CANAL PROJECT.
(RETURNTNG FROM THE ApRtL 1,2015 LUDC MEETTNG
SPONSORED BY CITY COMMISSION
SEPTEMBER 10. 2014 CITY COMMISSION MEETING, ITEM RgG)
VERBAL REPORT
AFTER.AGTION:
Thomas Mooney introduced the item.
Commissioner Tobin expressed concerns over the aesthetics of the area.
Sheryl Gold addressed the committee.
Eric Carpenter described various aspects of the project.
Commissioner Malakoff expressed a need for temporary beautification of the area until the
final design of the area is approved.
Agenda ltem
Date
caczwrr70
Report of the Land Use & Development Committee Meeting of May 27, 2015
Page 2 of 5
MOTION: Continued to July 29,2015 by Acclamation
3. a) ANNUAL EVALUATION OF PARKING IMPACT FEE STRUCTURE.
(RETURNTNG FROM THE FEBRUARY 18,2015 LUDC MEETTNG
SPONSORED BY CITY COMMISSION
SEPTEMBER 17, 2Ol4CITY COMMISSION MEETING, ITEM R7E)
b) DlscussroN REGARDTNG THE PHTLOSOPHY BEHTND PARKTNG TMPACT FEES
(RETURNTNG FROM THE FEBRUARY 18,2015 LUDG MEETTNG
SPONSORED BY COMMISSIONER JONAH WOLFSON
NOVEMBER 19. 2014 CITY COMMISSION MEETING, ITEM C4J)
AFTER.ACTION:
Thomas Mooney introduced the item.
Commissioner Malakoff expressed a need to require parking for scooters and electric
vehicles.
Commissioner Malakoff expressed concerns over the recommendation to increase the
percentage of accessory uses in Main Use Garages.
MOTION: Continued to July 29,2015 by Acclamation
4. a) DISCUSSION REGARDING SEAWALL CONDITIONS, ENCROACHMENTS
INTO PUBLIC PROPERTY FOR PRIVATE USE.
(RETURNING FROM THE ApRtL 1,2015 LUDC MEETTNG
SPONSORED BY CITY COMMISSION
FEBRUARY 11. 2015 CITY COMMISSION MEETING, ITEM C4J)
VERBAL REPORT
4. b) DISCUSSTON REGARDTNG THE DEGRADATTON OF THE SEA WALL !N THE
LAKEVIEW DRIVE NEIGH BORHOOD.
(SPoNSORED BY GOMMTSSTONER EDWARD L. TOBTN
MAY 20. 2015 CIry COMMISSION MEETING, ITEM RgF)
VERBAL REPORT
AFTER.ACTION:
Eric Carpenter introduced the item and described the conditions of seawalls.
Commissioner Tobin expressed concerns over the needs to improve seawalls
Members of the public addressed the Committee.
MOTION: 3-0 (ET/JW)
1. Refer an item regarding the repair of the Lakeview Drive Seawall to the full City
Commission with a favorable recommendation.
2. Direct the Administration to identify the worst seawalls to be budgeted for repair in FY
2016 and to update the Land Use and Development Committee on the worst Sea Walls
at the July 29, 2015 meeting.
5. AN AMENDMENT TO THE APPLICABLE SECTION OF THE CITY CODE
CLARIFYING THAT THE INCENTIVES ORDINANCE FOR THE RETENTION
71
Report of the Land Use & Development Commiltee Meeting of May 27, 2015
Page 3 of 5
OF ARGHITECTURALLY SIGNIFICANT SINGLE FAMILY HOMES, DOES NOT
APPLY TO SINGLE FAMILY HOMES LOCATED WITHIN A LOCAL HISTORIC
D!STR!CT.
(SPoNSORED BY GOMMTSSTONER JOy MALAKOFF
APRIL 15. 2015 CITY COMMISSION MEETING, ITEM G4C)
AFTER.AGTION:
Thomas Mooney introduced the item.
MOTION: 2-0 (JM/ET)
Recommend that the Ordinance be sent to the Planning Board with a favorable
recommendation.
6. DISCUSSION PERTAINING TO MEMBERSHIP REQUIREMENTS FOR
DESIGN PROFESSIONALS SERVING ON THE CITY'S LAND USE BOARDS.
(SPoNSORED By COMMTSSTONER JOy MALAKOFF
APRIL 15. 2015 CITY COMMISSION MEETING, ITEM C4D)
VERBAL REPORT
AFTER.AGTION:
RaulAguila introduced the item.
Members of the Committee discussed the item.
Commissioner Tobin expressed concerns over modifying the membership
requirements.
MOTION: Refer the item to the full commission by Acclamation.
7. DISCUSSION ON THE PROPOSED OCEAN TERRACE OVERLAY DISTRICT,
BOUNDED BY 73RD 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 & COMMTSSTONERS
MICHAEL GRIECO AND JOY MALAKOFF AND CO.SPONSORED BY
COMMISSIONER DEEDE WEITHORN
APRTL 15. 2015 CITY COMMTSSTON MEETTNG ITEM C4E)
AFTER.ACTION:
Thomas Mooney introduced the item.
Niesen Kasdin made a presentation on the proposal for Ocean Terrace and
presented an amendment to the Ordinance requiring retail and restaurants along the
Collins Avenue frontage.
Members of the public addressed the Committee.
Commissioner Wolfson expressed the need for redevelopment of the area.
Commissioner Tobin described several of the challenges in the neighborhood.
Commissioner Steinberg expressed a need to have a traffic study prior to adopting
the Ordinance.
MOTION: 3-O (JW/ET)
72
Report of the Land Use & Development Commiltee Meeting of May 27, 2015
Page 4 of 5
Move the ordinance to the Planning Board as revised by the proposers, with the
modifications that were recommended by the Planning Department, and to incorporate as
an amendment that there be retail on Collins Avenue.
8. DISGUSSION RELATING TO AN AMENDMENT OF THE FAENA OVERLAY
DISTRICT.
(spoNSoRED By COMMTSSTONER MTCHAEL GRTECO
APRIL I5. 2015 CITY GOMMISSION MEETING, ITEM G4H)
AFTER.ACTION:
Thomas Mooney introduced the item.
Neisen Kasdin provided an overview of the proposal.
MOTION: 2-0 (ET/JM)
Recommend that the Ordinance be sent to the Planning Board with a favorable
recommendation.
9. WASHINGTON AVENUE BLUE RIBBON PANEL (WABRP) PRESENTATION WITH
FINAL RECOMMENDATIONS: INCENTIVES FOR DEVELOPMENT THAT DO NOT
!NCLUDE INCREASING FAR.
(SPoNSORED By COMMTSSIONER JOy MALAKOFF
APRIL 29. 2015 CITY GOMMISSION MEETING, ITEM RgA # 5)
AFTER.ACTION:
Thomas Mooney introduced the item.
The Chairman of the Washington Avenue Blue Ribbon Panel, Saul Gross made a
presentation on the recommendations of the Panel.
Members of the public addressed the Committee.
MOTION: 2-0 (ET/JM)
Recommend that the Ordinance be sent to the Planning Board with a favorable
recommendation.
10. ESTABLISH A WASHINGTON AVENUE TASK FORCE. DISCUSSION REGARDING
THE CREATION OF A PROCESS AND CRITERIA FOR PARKLET APPLICATIONS.
(SPoNSORED By COMMTSSTONER JOy MALAKOFF
APRIL 29. 2015 CITY COMMISSION MEETING, ITEM RgA # 8)
VERBAL REPORT
MOTION: Continued to June 17,2015 by Acclamation.
11. DISCUSSION REGARDING A MODIFICATION TO SECTION 142.108 OF THE LAND
DEVELOPMENT REGULATIONS !N ORDER TO ELIMINATE ANY CONFLICT WITH
THE FLORIDA BUILDING CODE.
(spoNSoRED By COMMTSSTONER JOy MALAKOFF
MAY 6. 2015 CITY COMMISSION MEETING, ITEM C4B)
73
Report of the Land Use & Development Committee Meeting of May 27, 2015
Page 5 of 5
MOTION: Continued to June 17,2015 by Acclamation.
12.DISCUSSION REGARDING AECOM'S PROGRESS ON THE DEVELOPMENT OF
THE CITY'S COMPREHENSIVE RESILIENGY PROGRAM.
(spoNSoRED By COMMTSSIONER MIGHAEL GRTECO
MAy 6. 2015 Clry COMMISSTON MEETING, ITEM C4F)
PRESENTATION
MOTION: Continued to June 17,2015 by Acclamation.
13. DISCUSSION REGARDING THE PROVISION OF RENEWABLE ENERGY SOURGES
IN NEW CONSTRUCTION PROJECTS.
(spoNSoRED By COMMTSSTONER MtCKy STETNBERG
MAY 6. 2015 C!ry COMMISSION MEETING, ITEM C4H}
MOTION: Continued to June 17,2015 by Acclamation.
14. SIDEWALK CAFE OCEAN DRIVE UMBRELLAS
AN ORDINANCE OF THE MAYOR AND C!ry COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING GHAPTER 82, ENTITLED "PUBLIC PROPERTY,"
ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS.OF.WAY," DIVISION 5,
ENTITLED "SIDEWALK CAFES," SUBDIVISION 2, ENTITLED "PERMIT," BY
CREATING SECTION 82.389, ENTITLED "ADDITIONAL MINIMUM STANDARDS,
CRITERIA, AND CONDITIONS FOR OPERATION OF SIDEWALK CAFES ON OGEAN
DRIVE BETWEEN sTH STREET AND 15TH STREET" TO PROVIDE MINTMUM
STANDARDS FOR UMBRELLAS AND AWNINGS, REQUIRE REGULAR
MAINTENANCE OF UMBRELLAS, AND PROVIDE PROHTBITIONS; AND
PROVID!NG FOR REPEALER, SEVERABILITY, COD!FICATION, AND AN
EFFECTIVE DATE.
(SPoNSORED BY CITY COMMTSSION
MAY 20. 2015 CITY COMMISSION MEET!NG, ITEM RsB}
AFTER.ACTION:
Joe Jimenez introduced the item.
Members of the public addressed the committee.
Carmen Sanchez presented additional alternatives to the committee.
MOTION: Motion to send all option for umbrellas to the Ocean Drive Task Force and to
continue the item to the June 17 , 2015 meeting by Acclamation.
Meeting adjourned at 5:30 p.m.
tffinRMlRAM
T:\AGENDAUOI5Uune\Report of the May 27 , 2015 LUDC Meeting.docx
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City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMITTEE MEMORANDUM
TO: Members of the Finance and Projects ommittee
FROM: Jimmy L. Morales, City Manager
DATE: June 10,2015
SUBJECT: REPORT OF THE FI AND CITYWIDE PROJECTS
COMMITTEE MEETING ON MAY 20, 2015
The agenda is as follows:
OLD BUSINESS
1. Discussion Regarding Potential Purchase Of Air Rights For 6940 Abbott
Avenue From AT&T For Future Development Of A Parking Garage ln The
North Beach Town Center
ACTION
The Committee recommended bringing this item back to the Finance
Committee once the parties involved have come to an agreement on the
terms.
Discussion To Consider A Request for Rent Relief From Penn 17, LLC.,
Regarding The Retail Space At The Pennsylvania Avenue Parking Garage
ACTION
The Committee took no action as staff continues to work on moving
forward with the eviction proceedings against PENN 17 LLC.
Discussion Regarding Valet Parking
ACTION
The Committee recommended moving this item to the Commission with the
recommendations to reduce traffic congestion of major thoroughfares,
strengthen regulations, improve compliance and maintain a competitive
environment.
Agendaltem C6D_
oate 6lh:lS78
Discussion Regarding The Audit Committee Recommendations Regarding
Fee in Lieu Of Parking
AGTION
The Committee recommended staff continue to work on collection of the
fees in lieu of parking program and refer the non-responsive accounts to
the City Attorney.
NEW BUSINESS
s. Discussion Regarding Flooding and Sea Rise Regarding The 2015-2016
Storm Water Utilities Methodology
ACTION
The Commiftee recommended staff meet with the Commissioners
individually to go over the information presented and staff is to bring this
item back to the June Finance Committee meeting.
Discussion Regarding a new lease agreement between the Miami Beach
Redevelopment Agency (RDA) (landlord) and CVI.CHE 105 /Yuca Fusion
(tenant), in connection with the use of suite nos. 1-3 at the Anchor Shops,
located at 1555 Washington Avenue, Miami Beach, Florida (premises), for a
term of nine (9) years and three hundred and sixty four (364) days from rent
commencement; and allowing by 5/7ths vote, pursuant to section 1.03 0f
the Miami Beach city code, an additional two (2) renewal options for five (5)
years each.
ACTION
The Gommittee recommended executing a new lease agreement with the
Tenant, in accordance with the stipulated terms and conditions, for a
period of ten (10) years. This includes granting two (2) renewal options, for
an additional five (5) years each, at market rate.
Discussion To Discuss lmplementing A Contractor Prequalification
Program ln An Effort To Expedite lnfrastructure lmprovements
AGTION
The Committee referred this item to Gommission with the recommendation
of authorizing Administration to establish pools of prequalified contractors,
pursuant to Section 255.20, FS, and construction management firms,
pursuant to Section 255.103 up to one (1) year under 2 million dollars.
7.
79
ITEMS REFERRED AT April 15. 2015 COMMISSION MEETING
8. Discussion Regarding A Resolution Collaborate To Develop An Enhanced
Partnership With The Miami-Dade County School Board (School Board)
And To Amend The City's Educational Compact To Provide Enhanced
Educational Services To The City's Public School Students, By Working
Collaboratively On Funding To Prioritize Early Learning Opportunities,
lncluding The Head Start Program; Title 1 VPK; VPK Fee Supported; And
Sped Pre-K; By Providing lnstructional Support For Extracurricular Or
Choice Offerings At City High School And Middle School Grades; By
Enhancing The Districts Afterschool Programming, lB Program And EFL
Program; And To Provide A Schedule For Accomplishing These Goals
ACTION
The Committee recommended deferring this item to the Commission
retreat when the budget impact can be further examined and discussed.
ITEMS REFERRED AT Mav 6. 2015 COMMISSION MEETING
9. Discussion Regarding the Parking Meter Collection Fees - SP Plus Request
ACTION
The Committee recommended moving forunard with the Request for
Proposal (RFP) that is already out for bid for Parking Meter Collection
Services for the City's Parking System.
to. Discussion Regarding A Resolution Approving The Term Sheet Attached
And lncorporated As Exhibit "A" To This Resolution, And Authorizing The
Gity Attorney's Office To Negotiate A Purchase And Sale Agreement (PSA)
Between The Gity And 8701 Collins Development, LLC ("8701") For The
Sale Of The City Property Located At 226 87 Street To 8701 (City Parcel),
And To Develop Both The City Parcel And 7925 Collins Avenue (The "8701
Parcel") Under A Unified Development Project (The "Project"); Which PSA
Will lnclude The Design, Development And Construction Of The Project, At
8701's Sole Cost And Expense, A Main Use Parking Garage, Which Shall
lnclude (l) Commercial Uses Such As Spa, Restaurants, And Similar Uses;
(ll) One Or More Levels Of Parking Garage Directly Above The First Floor,
lncluding Mechanical Parking Elements With Valet Service; (Except For The
City Unit); (lll) Approximately 12,000 Square Feet Of Retail On The First
Floor; And (lV) A City Municipal Parking Gondominium Unit (The "City
Unit") Of 75 Parking Spaces Which May Be Located !n The Basement; And
Pursuant To Section 82-37 Of The City Code, Directing The Gity Manager To
Transmit The Term Sheet And Draft PSA To The Finance And Citywide
80
Projects Committee For Review Prior To City Commission Final Approval
Of The PSA; And The Term Sheet And Draft PSA Shal! Also Be Reviewed
By The Planning Board As Required By Section 1.03(BX4) Of The City
Charter
ACTION
Item deferred to the June Finance Gommittee Meeting.
81
c7
RESOLUTIONS
82
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution Authorizino The Citv Manaoer or his desiqnee to aoolv for and acceot five
lntended Outcome
1) and 2) lnsist on Police Department accountability and skilled managemenUleadership; 3) Ensure
comprehensive mobility addressing all modes throughout the City/enhance pedestrian safety
universallv; and, 4) and 5) lmprove cleanliness in hiqh traffic residential and pedestrian areas.
Supporting Data: Community Satisfaction Survey: 1) and 2) When asked how to improve the Quality
of Life in Miami Beach "lmprove quality of police presence and enforcement" was the fourth highest
response; 3) When asked how to improve the Quality of Life in Miami Beach' "lmproving traffic" was the
number one response; 4) and 5) The City's efforts to address homelessness" was a key driver for
resident respondents in how they view the City as a place to live, view city government on meeting
expectations and if they would recommend the City as a place to live. The number of homeless in
Miami Beach has decreased from 239 in FY 2004/05 to 122 in FY 2013114.
Item Summary/Recommendation :
Approve and authorize the City Manager or his designee to submit applications to: 1) U.S. Department
of Justice for the Body-Worn Camera Pilot lmplementation Program; 2) U.S. Department of Justice
Community Oriented Policing Services (COPS); 3) Florida Department of Transportation (FDOT), High
Visibility Enforcement for Pedestrian and Bicycle Safety Grant Program; and, retroactively to: 4) Miami-
Dade County Homeless Trust for Fiscal Year 2015116 Primary Care Housing and Services funds for the
Hotel/Motel funds and for partial salary for Homeless Management lnformation System (HMIS) staff;
and, 5) Miami-Dade County Homeless Trust for Fiscal Year 2015116 funding for the Homeless
ldentification Assistance
Financial lnformation :
./ c7A
Source
of funds
Financial lmpact Summary: N/A
U.S. Department of Justice / Body-
Worn Camera Pilot lmplementation
Program
Funding in an amount not to
exceed $600,000 will be
requested through the FY 16/17
U.S. Department of Justice/COPS
Hiring Program/New Entry Level
Police Officers
$1,875,000
over three
years for '15
officers
$2,439,620 match required over 3
years. Source: Police Department
Operating Budget FY 15/16 through
FY 17118. At the conclusion of
federal funding, these positions must
be maintained for a minimum of one
year (until 913012019). Consideration
of whether the City wants to add
positions or not will be part of the
budget process. After a
determination is made during the
budget process, the Administration
can withdraw the grant application or
not, based on whether new positions
were approved in the
FDOT High Visibility EnforcemenU
Pedestrian and Bicycle Safety
Miami-Dade County Homeless
Trust Primary Care /HMIS and
HotelMotel
Miami-Dade County Homeless
TrusUlD Assistance
Judy Hoanshelt, Grants Officer, Office of Budget and Performance lmprovement
MIAMIBEACH AGENDA
D^rE b'lo- lf83
TO: Mayor Philip Levine and Members oflthe CitV Cofrnission
FROM: Jimmy L. Morales, City Manager
f}
.--.----t-, F
DATE: June 10,2015 \l
\t
sUBJECT: A RESOLUTTON OF THE MAYO{AruO CrTY COMMTSSTON OF THE GITY
MIAMI BEACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33,1 39, www.miomibeochfl.gov
COMMISSI N MEMORANDUM
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO SUBMIT THE FOLLOWING
APPLICATIONS: 1) U.S. DEPARTMENT OF JUSTICE, !N AN AMOUNT
NOT TO EXCEED $600,000, FOR THE BODY.WORN CAMERA PILOT
IMPLEMENTATION PROGRAM; 2) U.S. DEPARTMENT OF JUSTICE
GOMMUNITY ORTENTED POLTCTNG SERVTCES (COPS) HTRTNG
PROGRAM FOR ENTRY LEVEL POLICE OFFICERS IN THE
APPROXIMATE AMOUNT OF $1,875,000 OVER THREE YEARS; 3)
FLORTDA DEPARTMENT OF TRANSPORTATION (FDOT), HrGH
VISIBILITY ENFORCEMENT, PEDESTRIAN AND BICYCLE SAFEW
GRANT PROGRAM, IN THE APPROXIMATE AMOUNT OF $2OO,OOO;
AND RETROACTIVELY TO: 4l MIAMI-DADE COUNTY HOMELESS
TRUST FOR FUNDING FOR FISCAL YEAR 2015116 PRIMARY CARE
HOUSING AND SERVICES FUNDS, IN THE APPROXIMATE AMOUNT OF
$62,373, FOR STAFFING AND HOTEUMOTEL FUNDING; AND, 5)
MIAMI-DADE COUNTY HOMELESS TRUST FOR FISCAL YEAR 2015116
FUNDING, IN THE APPROXIMATE AMOUNT OF $25,000, FOR
IDENTIFICATION ASSISTANCE FUNDS; APPROVING AND
AUTHORIZING THE APPROPRIATION OF THE ABOVE GRANTS AND
FUNDING REQUESTS, INCLUDING ANY REQUISITE MATCHING FUNDS
AND CIry EXPENSES; AND FURTHER AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO TAKE ALL NECESSARY STEPS
AND TO EXECUTE DOCUMENTS IN CONNECTION WITH THE
AFORESTATED GRANTS AND FUNDING REQUESTS, INCLUDING,
WITHOUT LIMITATION, APPLICATIONS, GRANT AND FUND!NG
AGREEMENTS, AND AUDITS.
ADMINISTRATION RECOMM ENDATION
Adopt the Resolution.
ANALYSIS
1. Approval to submit an application to U.S. Department of Justice, in an amount
not to exceed $600,000, for the Bodv-Worn Camera Pilot lmplementation
Proqram.
84
Commission Memorandum
Page 2
The Department of Justice Body-Worn Camera lmplementation Program provides
funding for law enforcement agencies seeking to establish or enhance Body-Worn
Camera (BWC) Policy and lmplementation Programs (PlP).
Law enforcement agencies' use of BWC programs has shown them to be a promising
practice to improve their interactions with the public. These cameras are an important
tool that could be an integrated part of a jurisdiction's holistic problem-solving and
community-engagement strategy, helping to increase both trust and communication
between the police and the communities they serve. BWC's can be highly effective,
providing an inalterable audio and visual record of interactions that can capture empirical
evidence in the event of a crime, police-citizen interaction, or use-of-force incident.
Preliminary research indicates that the departments that have effectively implemented
BWC programs have received fewer public complaints, file fewer use-of-force reports,
and show a reduction in adjudicated complaints resulting in a decrease of settlements.
The City will apply for funding In an amount not to exceed $600,000 for the purchase of
Body-Worn Cameras. This grant requires matching funds which will be requested
through the FY 16117 Capital Budget process. This project supports the key intended
outcome to insist on Police Department accountability and skilled
management/leadership.
2. Approval to submit an application to the US Department of Justice. Office of
Communitv Oriented Policino Services (COPS) Hirinq Proqram for fundino in the
approximate amount of $1.875,000 over three vears for the hirino of fifteen (15)
additional career law enforcement officers
The COPS Hiring Program provides funds directly to law enforcement agencies to hire
and/or rehire career law enforcement officers in an effort to increase their community
policing capacity and crime prevention efforts. The grant will cover up to 75o/o of the
approved entry level salary and fringe benefits of each newly-hired and/or rehired, full-
time sworn career law enforcement officer over the three-year grant period, with a
minimum 25o/olocal cash match and a maximum federal share of $125,000 per officer
position.
This grant has a non-supplanting requirement that mandates grant funds must be used
to supplement (increase) state or local funds that would have been dedicated to the
grant if federal funding had not been awarded. Grant funds must not be used to replace
(supplant) local funds that would have been devoted to sworn officer hiring, and
applicants may not reduce its existing current fiscal year budget for sworn officers to
take advantage of the grant.
The grant will provide funding for three years (36 months) for each new position
awarded. At the conclusion of federal funding, grantees must retain all sworn officer
positions awarded under the CHP grant for a minimum of one year (12 months),
estimated to be September 30, 2019. The retained grant funded position(s) should be
added to the law enforcement budget with state and/or local funds, over and above the
number of locally-funded positions that would have existed in the absence of the grant.
The Administration proposes applying for this grant to fund fifteen (15) new entry level
police officer positions, which is the maximum number of positions that the grant will
85
Commission Memorandum
Page 3
allow based on population. Funding in the approximate amount of $1,875,000 over three
years will be requested for salaries and benefits. The match amount will be
approximately $2,439,620 over three fiscal years (approximately $432,363 for FY
2015116). The source of matching funds is the Police Department's operating budget for
fiscal year 2015116 through fiscal year 2017118. Consideration of whether the City wants
to add positions or not will be part of the budget process. After a determination is made
during the budget process, the Administration can withdraw the grant application or not,
based on whether new positions were approved in the budget process. This program
supports the key intended outcome to insist on Police Department accountability and
skilled managemenVleadership.
3. Approval to submit an application to the Florida Department of Transportation
Hiqh Visibilitv Enforcement (HVE) for Pedestrian and Bicvcle Safetv Proqram, in
the approximate amount of $200,000 for Pedestrian and Bicvcle Safetv
Florida Department of Transportation has funding available to law enforcement agencies
that initiate high visibility enforcement campaigns to keep pedestrians and bicyclists safeon Florida's roadways. This new funding is available through Florida's
Bicycle/Pedestrian Focused lnitiative.
ln 2011, tratfic crashes in Florida resulted in 497 pedestrian fatalities, 6,194 pedestrian
injuries, 120 bicyclist fatalities, and 4,632 bicyclist injuries. Based on the National
Highway Traffic Safety Administration (NHTSA) Traffic Safety Facts, these rates nearly
double the national average for pedestrians and nearly triple the national average for
bicyclists. Pedestrian and Bicycle crashes are more likely to result in fatal or serious
injuries than any other types of crashes. The number of hospitalizations and emergency
room visits related to these crashes indicate that the magnitude of the problem may
even be larger than identified by traffic crash reports. The financial impacts and suffering
caused by these fatalities and injuries are significant. As a result, FDOT partnering with
law enforcement agencies to conduct HVE campaigns in high impact areas in
conjunction with other education efforts.
FDOT's HVE program will allow the Police Department to continue its high visibility
enforcement program to keep pedestrians and bicyclists safe on Miami Beach roadways.
The City has been successfully funded through this program for the last two years and
the Administration intends to request funding for this year. This grant does not require
matching funds, and supports the key intended outcome to ensure comprehensive mobility
addressing all modes throughout the City/enhance pedestrian safety universally.
4. Retroactive approval to submit a orant application to Miami-Dade Countv
Homeless Trust for Fiscal Year 2015/16 Primarv Care Housinq and Services
funds in the approximate amount of $62,373 for the Citv's Homeless Outreach
Proqram.
Miami-Dade County Homeless Trust was created by the Miami-Dade Board of County
Commissioners to oversee the use of the Food and Beverage Tax and other funds and
in this regard to establish and implement policies based on the Miami-Dade County
Community Homeless Plan (The Plan). The Plan is a comprehensive continuum of care
system to serve homeless persons in Miami-Dade County.
86
Commission Memorandum
Page 4
Funding in the amount of $50,040 is available for short{erm hotel and motel placement
for homeless families and individuals who cannot be placed in emergency shelter due to
capacity issues. This program also provides funding for food vouchers for families while
residing in placements, if food arrangements or other resources are unavailable. ln
addition, funding from the Homeless Trust in the amount of $12,333 is available for the
partial salary of a staff person to enter the required data from this program into the
County's Homeless Management lnformation System (HMIS). The total of these two
awards is $62,373. Matching funds are not required and the program supports the key
intended outcome to improve cleanliness in high traffic residential and pedestrian areas.
5. Retroactive approval to submit a qrant application to Miami-Dade Countv
Homeless Trust for Fiscal Year 2015/16 fundinq in the approximate amount of
$25,000 for the ldentification Assistance Proqram.
The Homeless Trust also has ldentification Assistance funding available to provide
assistance in obtaining identification and other personal documents on behalf of
homeless individuals and families in Miami-Dade County. The funds will be used to
cover the cost of administering this program, and related costs or fees associated with
obtaining or replacing documents utilized to establish identification, such as Florida
identification cards, birth certificates, marriage certificates, school records, lavyful
permanent resident cards, naturalization certificates and Florida driver's licenses. Vital
personal identification documents and official photo identification are necessary for
obtaining employment and housing.
Providing this service will help homeless individuals to become self-sufficient, and the
ldentification Assistance service is part of the City's current Homeless Outreach
Program. Matching funds are not required and the program supports the key intended
outcome to improve cleanliness in high traffic residential and pedestrian areas.
GONCLUSION
A Resolution approving and authorizing the City Manager or his designee to submit
applications to: 1) U S Department of Justice, in an amount not to exceed $600,000, for
the Body-Worn Camera Pilot lmplementation Program; 2) U.S. Department of Justice,
Community Oriented Policing Services (COPS) Hiring Program for entry level police officers in
the approximate amount of $1,875,000 over three years; 3) Florida Department of
Transportation High Visibility Enforcement for Pedestrian and Bicycle Safety Grant
Program, in the approximate amount of $200,000, and, retroactively to: 4) Miami-Dade
County Homeless Trust for Fiscal Year 2015/16 Primary Care Housing and Services
funds, in the approximate amount of $62,373 for staffing and hotel/motel funding; and, 5)
Miami-Dade County Homeless Trust for Fiscal Year 2015116 funding, in the
approximate amount of $25,000, for the Homeless ldentification Assistance Program;
approving and authorizing the appropriation of the above grants and funding requests,
including any requisite matching funds and city expenses; and further authorizing the
City Manager, or his designee, to take all necessary steps and to execute all necessary
documents in connection with the aforestated grants and funding requests, including,
without limitation, applications, grant and funding agreements, and audits.
JLM/JWJMH
T:\AGENDA\201 5\June\Grants Memo.docx
87
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO SUBMIT THE FOLLOWING APPLICATIONS: 1) U.S. DEPARTMENT
OF JUSTICE, !N AN AMOUNT NOT TO EXCEED $600,000, FOR THE BODY.WORN
CAMERA PILOT IMPLEMENTATION PROGRAM; 2) U.S. DEPARTMENT OF
JUSTTCE COMMUNTTY ORTENTED POLICTNG SERVICES (cOpS) HIRtNG
PROGRAM FOR ENTRY LEVEL POLICE OFFICERS !N THE APPROXIMATE
AMOUNT OF $1,875,000 OVER THREE YEARS; 3) FLORIDA DEPARTMENT OF
TRANSPORTATTON (FDOT), HIGH VtStBtLtry ENFORCEMENT, PEDESTRTAN AND
BICYCLE SAFETY GRANT PROGRAM, IN THE APPROXIMATE AMOUNT OF
$200,000; AND RETROACTIVELY TO: 4) MIAMI-DADE COUNTY HOMELESS TRUST
FOR FUNDING FOR FISCAL YEAR 2015116 PRIMARY CARE HOUSING AND
SERVIGES FUNDS, IN THE APPROXIMATE AMOUNT OF $62,373, FOR STAFFING
AND HOTEUMOTEL FUNDING; AND 5) MIAMI.DADE COUNTY HOMELESS TRUST
FOR FISCAL YEAR 2015116 FUNDING, IN THE APPROXIMATE AMOUNT OF
$25,000, FOR IDENTIFICATION ASSISTANCE FUNDS; APPROVING AND
AUTHORIZING THE APPROPRIATION OF THE ABOVE GRANTS AND FUNDING
REQUESTS, INCLUDING ANY REQUISITE MATGHING FUNDS AND CITY
EXPENSES; AND FURTHER AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO TAKE ALL NECESSARY STEPS AND TO EXECUTE DOCUMENTS
IN CONNECTION WITH THE AFORESTATED GRANTS AND FUNDING REQUESTS,
INCLUDING, WITHOUT LIMITATION, APPLICATIONS, GRANT AND FUNDING
AGREEMENTS, AND AUDITS.
WHEREAS, the City Administration requests approval to submit an application to
the U.S. Department of Justice, in an amount not to exceed $600,000, for the Police
Department's Body-Worn Camera Pilot lmplementation Program, the details of which
are as follows:
The Department of Justice Body-Worn Camera lmplementation Program
provides funding for law enforcement agencies seeking to establish or enhance
Body-Worn Camera (BWC) Policy and lmplementation Programs (PlP);
Law enforcement agencies' use of BWC programs has shown them to be a
promising practice to improve their interactions with the public and are an
important tool that could be an integrated part of a jurisdiction's holistic problem-
solving and community-engagement strategy, helping to increase both trust and
communication between the police and the communities they serve;
BWC's can be highly effective, providing an inalterable audio and visual record of
interactions that can capture empirical evidence in the event of a crime, police-
citizen interaction, or use-of-force incident;
Preliminary research indicates that the departments that have effectively
implemented BWC programs have received fewer public complaints, file fewer
88
use-of-force reports, and show a reduction in adjudicated complaints resulting in
a decrease of settlements;
. The City will apply for funding in an amount not to exceed $600,000 for the
purchase of Body-Worn Cameras;
o This grant requires matching funds which will be requested through the FY 16117
Capital Budget process and this project supports the key intended outcome to
insist on Police Department accountability and skilled managemenUleadership;
and
WHEREAS, approval to submit an application to the U.S. Department of Justice,
Office of Community Oriented Policing Services (COPS) Hiring Program for funding in
the approximate amount of $1,875,000 over three years for the hiring of fifteen (15)
additional career law enforcement officers as follows:
. The COPS Hiring Program provides funds directly to law enforcement agencies
to hire and/or rehire career law enforcement officers in an effort to increase their
community policing capacity and crime prevention efforts;
. The grant will cover up to 75o/o of the approved entry level salary and fringe
benefits of each newly-hired and/or rehired, full-time sworn career law
enforcement officer over the three-year grant period, with a minimum 25Yo local
cash match and a maximum federal share of $125,000 per officer position;
o This grant has a non-supplanting requirement that mandates grant funds must be
used to supplement (increase) state or local funds that would have been
dedicated to the grant if federal funding had not been awarded; grant funds must
not be used to replace (supplant) local funds that would have been devoted to
sworn officer hiring, and applicants may not reduce its existing current fiscal year
budget for sworn officers to take advantage of the grant;
o The grant will provide funding for three years (36 months) for each position
awarded and, at the conclusion of federal funding, grantees must retain all sworn
officer positions awarded under the CHP grant for a minimum of one year (12
months), estimated to be September 30, 2019. The retained grant funded
position(s) should be added to the law enforcement budget with state and/or local
funds, over and above the number of locally funded positions that would have
existed in the absence of the grant;
o The Administration proposes applying for this grant to fund fifteen (15) new entry
level police officer positions, which is the maximum number of positions that the
grant will allow based on population. Funding in the approximate amount of
$1,875,000 over three years will be requested for salaries and benefits. The
match amount will be approximately $2,439,620 over three fiscal years
(approximately $432,363 for FY 2015/16);
o The source of matching funds is the Police Department's operating budget for
fiscal year 2015116 through fiscal year 2017118;
89
. Consideration of whether the City wants to add positions or not will be part of the
budget process. After a determination is made during the budget process, the
Administration can withdraw the grant application or not, based on whether new
positions were approved in the budget process;
o This program supports the key intended outcome to insist on Police Department
accountability and skilled managemenUleadership;
WHEREAS, the City Administration requests approval to submit an application to
the Florida Department of Transportation High Visibility Enforcement (HVE) for the
Pedestrian and Bicycle Safety Program, in the approximate amount of $200,000, for the
Police Department Pedestrian and Bicycle Safety lnitiative, the details of which are as
follows:
. Florida Department of Transportation has funding available to law enforcement
agencies that initiate high visibility enforcement campaigns to keep pedestrians
and bicyclists safe on Florida's roadways;
o This new funding is available through Florida's Bicycle/Pedestrian Focused
lnitiative;
. ln 2011, traffic crashes in Florida resulted in 497 pedestrian fatalities, 6,194
pedestrian injuries, 120 bicyclist fatalities, and 4,632 bicyclist injuries and, based
on the National Highway Traffic Safety Administration (NHTSA) Traffic Safety
Facts, these rates nearly double the national average for pedestrians and nearly
triple the national average for bicyclists;
o Pedestrian and Bicycle crashes are more likely to result in fatal or serious injuries
than any other types of crashes and the number of hospitalizations and
emergency room visits related to these crashes indicate that the magnitude of
the problem may even be larger than identified by traffic crash reports;
o The financial impacts and suffering caused by these fatalities and injuries are
significant;
o FDOT is partnering with law enforcement agencies to conduct HVE campaigns in
high impact areas in conjunction with other education efforts and the program will
allow the Police Department to continue its high visibility enforcement program to
keep pedestrians and bicyclists safe on Miami Beach roadways;
o The City has been successfully funded through this program for the last two
years and the Administration intends to request funding for this year;
o This grant does not require matching funds, and supports the key intended
outcome to ensure comprehensive mobility addressing all modes throughout the
City/enhance pedestrian safety universally; and
WHEREAS, the City Administration requests approval to submit a grant
application to the Miami-Dade County Homeless Trust for Fiscal Year 2015/16 funding,
90
for Primary Care Housing and Services funds, in the approximate amount of $62,373, for
the City's Homeless Outreach Program, the details of which are as follows:
o The Miami-Dade County Homeless Trust was created by the Miami-Dade Board
of County Commissioners to, among other things, oversee the use of the Food
and Beverage Tax and other funds and, in this regard, to establish and
implement policies based on the Miami-Dade County Community Homeless Plan
(The Plan);
o The Plan is a comprehensive continuum of care system to serve homeless
persons in Miami-Dade County;
o Funding in the amount of $50,040 is available for short-term hotel and motel
placement for homeless families and individuals who cannot be placed in
emergency shelter and also to provide food vouchers for families while residing
in placements, if food arrangements or other resources are unavailable;
. ln addition, funding from the Homeless Trust in the amount of $12,333 is
available for the partial salary of a staff person to enter the required data from
this program into the County's Homeless Management lnformation System
(HMIS) and the total of these two awards is $62,373;
. Matching funds are not required and the program supports the key intended
outcome to improve cleanliness in high traffic residential and pedestrian areas;
and
WHEREAS, the City Administration requests approval to submit a grant
application to the Miami-Dade County Homeless Trust for Fiscal Year 2015/16 funding
for ldentification Assistance, in the approximate amount of $25,000, for the City's
Homeless Outreach Program, the details of which are as follows:
o The Homeless Trust also has ldentification Assistance funding available to
provide assistance in obtaining identification and other personal documents on
behalf of homeless individuals and families in Miami-Dade County;
r The funds will be used to cover the cost of administering this program, and
related costs or fees associated with obtaining or replacing documents utilized to
establish identification, such as Florida identification cards, birth certificates,
marriage certificates, school records, lavuful permanent resident cards,
naturalization certificates and Florida driver's licenses;
. Vital personal identification documents and official photo identification are
necessary for obtaining employment and housing;
o Providing this service will help homeless individuals to become self-sufficient,
and the ldentification Assistance service is part of the City's current Homeless
Outreach Program and the grant will provide funding in the amount of $25,000;
. Matching funds are not required and the program supports the key intended
outcome to improve cleanliness in high traffic residential and pedestrian areas.
91
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the City Manager or his designee to submit
applications to: 1) U.S. Department of Justice, in an amount not to exceed $600,000, for
the Body-Worn Camera Pilot lmplementation Program; 2) U.S. Department of Justice,
Community Oriented Policing Services (COPS) Hiring Program in the approximate
amount of $1,875,000; 3) Florida Department of Transportation (FDOT), High Visibility
Enforcement for Pedestrian and Bicycle Safety Grant Program, in the approximate
amount of $200,000, and, retroactively to: 4) Miami-Dade County Homeless Trust for
Fiscal Year 2015116 Primary Care Housing and Services funds, in the approximate
amount of $62,373 for the City's Homeless Outreach Program; and 5) Miami-Dade
County Homeless Trust for Fiscal Year 2015/16 funding, in the approximate amount of
$25,000, for ldentification Assistance through the City's Homeless Outreach Program;
approve and authorize the appropriation of the above grants and funding requests,
including any requisite matching funds and City expenses; and further authorize the City
Manager, or his designee, to take all necessary steps and to execute all necessary
documents in connection with the aforestated grants and funding requests, including,
without limitation, applications, grant and funding agreements, and audits.
PASSED and ADOPTED this day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
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T:\AG EN DA\20 1 5\May\G rants Reso.docx
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
d#
Doie
92
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The MayorAnd City Commission Of The City Of Miami Beach, Florida,
Authorizing The Administration To File An Application To The Historic Preservation
Board For A Certificate Of For The Fla Park Master Plan.
Build and maintain priority infrastructure with full accountability.
Supporting Data (Surveys, Environmental Scan, etc.): The 2014 Customer Satisfaction
Survey indicated that over 77o/o of residents rated recently completed capital improvement
proiects as "excellent" or "qood".
On March 27 ,2008 Wolfberg Alvarez and Partners was retained to prepare a Master Plan for the
Flamingo Park Facility.
With community input, a master plan option was selected by the City Commission on September
9, 2009. On November 9, 2010, the Flamingo Park Master Plan concept was approved by the
Historic Preservation Board and a Certificate of Appropriateness was issued.
The Certificate of Appropriateness expired on May 9,2012 and no application was submitted for
an extension of time.
The Flamingo Park Master Plan was presented at the July 25, 2014 Neighborhood/Community
Affairs Committee (NCAC) meeting for review. Subsequently, modifications were made that
include the removal of the skate park, the renovation of the soccer and softball fields with
artificial turf, the renovation of the softball field dugout, new padel ball courts, the replacement of
the community garden with a butterfly garden, the demolition of the existing, dilapidated
restroom;the relocation of the new restroom and office building, an outdoorfitness cluster, and
park wide drainage and irrigation upgrades.
There are no extensions of time available from the Historic Preservation Board and an
application requesting a new Certificate of Appropriateness must be submitted for the Flamingo
Park Master Plan, with modifications.
The Administration recommends that the City Commission authorized the filing of an application
to the Historic Preservation Board at its July 14,2015 meeting forthe Flamingo Park Master Plan
concept, with modifications.
Adm inistration Recommendation :the Resolution.
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financia! lmpact Summary:
Clerk's Office
David Martinez
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D,rfE 6-10-(iMIAMIBEACH93
MIAMI BEACH
City of Miqmi Beqch, 1700 Convention Center Drive. Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSI MEMORANDUM
Mayor Philip Levine and Members
Jimmy Morales, City Manager
June 10,2015
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLOR!DA,ORIZING THE ADMINISTRATION TO
FILE AN APPLICATION TO THE HISTORIC PRESERVATION BOARD AT ITS
JULY 14, 2015 MEETING, TO REQUEST A NEW CERTIFICATE OF
APPROPRIATENESS FOR THE PREVIOUSLY APPROVED FLAMINGO PARK
MASTER PLAN CONCEPT, WITH MODIFICATIONS.
FUNDING
No funding is required to file an application to the Historic Preservation Board.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution.
BACKGROUND
Pursuant to Request for Qualifications (RFQ) No. 15-06/07, the Mayor and City Commission adopted
Resolution No. 2007-26609 on September 05,2007 approving the execution of an Agreement with
Wolfberg Alvarez and Partners (Consultant) for ProfessionalArchitecture and Engineering Services for
the Flamingo Park Project. Wolfberg Alvarezand Partners was retained to prepare a Master Plan for the
Flamingo Park facility on March 27,2008.
On August 6, 2008, the Consultant conducted a community design charrette, wherein five various design
options for the Flamingo Park Master Plan (Project) were presented. lnput from the community was
obtained and the Consultant developed an additional two (2) Master Plan options, and subsequently
presented all options at the November 6, 2008 Community Design Workshop (CDW).
At the September 9, 2009 Commission Meeting, the City Commission approved "Option L" of the Master
Plan and in November 2009, the Basis of Design Report (BODR)was issued.
On November9,2010 the Flamingo Park Master Plan conceptwas approved bythe Historic Preservation
Board and a Certificate of Appropriateness (Order) was issued. The Project concept included the
renovation / demolition of existing facility buildings at Flamingo Park, construction of a new tennis
center building and courts; restoration of existing playing fields, basketball courts and handball
courts; renovation of the baseball stadium; and parkwide improvements such as lighting, landscape
TO:
FROM:
DATE:
SUBJECT:
the City
94
City Commission Memorandum -Authorization to File Application to HPB for 1200 Meridian Avenue
June 10,2015
Page 2 of 2
and irrigation, additional parking, improved vehicular access; pedestrian circulation / access,
perimeter fencing; entry features and signage.
The Order expired on May 9,2012 and an application for an extension of time from the Historic
Preservation Board was not submitted.
ln December 2013, the City Commission adopted Resolution No. 2014-28449 amending the
professional services agreement with the Consultant to provide professional services that include
planning, design, permitting, bid/award, construction administration and prolect closeout, including a
phasing plan for the construction and restoration of all amenities to facilitate continued park use by
its patrons.
ANALYSIS
On July 25, 2014 the original Flamingo Park Master Plan was presented at the
Neighborhood/CommunityAffairs Committee (NCAC) meeting to revisit the concept and incorporate
elements into the plan that satisfy the current needs of the community. Subsequently, modifications
were made that include the removal of the skate park, the renovation of the soccer and softball
fields with artificial turf, the renovation of the softball field dugout, new padel ball courts, the
replacement of the community garden with a butterfly garden, the demolition of the existing,
dilapidated restroom; the relocation of the new restroom and office building, an outdoor fitness
cluster, and park wide drainage and irrigation upgrades.
Given that there are no extensions of time available from the Historic Preservation Board, an
application requesting a new Certificate of Appropriateness must be submitted for the Flamingo
Park Master Plan, with modifications.
CONCLUSION
The Administration recommends that the City Commission authorized the filing of an application to
the Historic Preservation Board at its July 14,2015 meeting for the Flamingo Park Master Plan
concept, with modifications.
.4..
hls
JM/MT/DM
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95
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO FILE AN
APPLICATION WITH THE PLANNING DEPARTMENT TO REQUEST THE
HISTORIC PRESERVATION BOARD TO GRANT A NEW CERTIFICATE OF
APPROPRIATENESS FOR THE MODIFIED FLAMINGO PARK MASTER PLAN
GONCEPT, WHICH UNMODIFIED PLAN WAS PREVIOUSLYAPPROVED BYTHE
BOARD, AND WHICH APPROVAL EXPIRED ON MAY 9,2012.
WHEREAS, on September 5, 2007, the Mayor and City Commission adopted Resolution
No. 2007-26609 approving the execution of an Agreement with Wolfberg Alvarez and Partners
(Consultant) for Professional Architecture and Engineering Services for the Flamingo Park
Project; and
WHEREAS, on March 27,2008, Wolfberg Alvarez and Partners was retained to prepare
the Master Plan for the Flamingo Park facility; and
WHEREAS, on September 9, 2009, the City Commission approved Option "L" of the
Flamingo Park Master Plan (Project); and
WHEREAS, on November 9, 2010, the Historic Preservation Board approved the concept
plan under Option "L", and issued a Certificate of Appropriateness (Order) forthe Project, which
included the renovation / demolition of existing facility buildings, construction of a new tennis
center and courts; restoration of existing playing fields, basketball courts and handball courts;
renovation of the baseball stadium, and park wide improvements such as lighting, landscape
and irrigation, additional parking, improved vehicular access; pedestrian circulation/access,
perimeter fencing; entry features and signage; and
WHEREAS, on May 9,2012, the Order expired and an application for an extension of time
from the Historic Preservation Board was not submitted; and
WHEREAS, in December 2013, the City Commission adopted Resolution No.2014-28449
amending the professional services agreement with Wolfberg Alvarez and Partners to provide
professional services that include planning, design, permitting, bid/award, construction
administration and project closeout, including a phasing plan forthe construction and restoration
of all amenities to facilitate continued park use by its patrons; and
WHEREAS, On July 25,2014, the Projectwas presented atthe Neighborhood/Community
Affairs Committee (NCAC) meeting for review and community input; and
WHEREAS, Amendment No. 6 forthe provision of additional architectural and engineering
services associated with modifications based on the NCAC meeting, which include the removal
of the skate park, renovation of the soccer and softball fields with artificial turf, renovation of the
softball field dugout, new paddle ball courts, the replacement of the community garden with a
butterfly garden, the demolition of the existing, dilapidated restroom; the relocation of the new
restroom and office building, an outdoor fitness cluster, and park wide drainage and irrigation
upgrades, was executed on April 23, 2015; and
96
WHEREAS, an application requesting a new Certificate of Appropriateness must be
submitted to the Historic Preservation Board for the Flamingo Park Master Plan.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby authorize the administration to file an application with the Planning
Department to request the Historic Preservation Board to grant a new Certificate of
Appropriateness for the Modified Flamingo Park Master Plan concept, which unmodified plan
was previously approved by the Board, and which approval expired on May 9,2012.
PASSED AND ADOPTED this day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael Granado, City Clerk ,8[R[8YiR3il8'
& FOR
S\zt (t 5
-
Doie
F:\ATTO\BOUE\RESOS\Commision Resolution FLPKMP Final.doc
97
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98
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Electing Commissioner Edward L. Tobin, Group V, As Vice-Mayor, ForATerm Commencing
On July 1, 2015 through October 31, 2015, Or On Such Date When A New Vice-Mayor ls Thereafter
Elected.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation :
The CityCommission has established a policyof rotating the position of Vice-Mayoreveryfour(4) months.
Since 1994, the rotation has been by Commission group number, in the following sequence: Group l, ll, lll,
lV, V and Vl.
Based on this direction, the next Vice-Mayor Group is Group V. The term for the next Vice-Mayor is July 1,
2015 through October 31,2015. Commissioner Edward L. Tobin is next in the rotation to serve as Vice-
Mayor.
Financial lnformation :
Source of I IFunds: t 1-I-t- ,-T--I ll slI I t 4-l--oBPl I rotat
I
Financial Impact Summary:
Clerk's Office islative Tracki
Rafael E. Granado, City Clerk
Siqn-Offs:
Department Director Assistant Gity Manager ity Manager
Rafaer e. c,{; flv ct.,x N/A )-01
5\June\City Clerk's OfficeVice-MayoAvice-mayor- SUM.doc
I
T:\AGENDA\201
AGEilBA ITEN' C7 CMIAMIBTACHo*z* 6-10 4{99
MIAMIBEACH
City of Miomi Beoch, 'l 700 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of he City Co
FROM: Jimmy L. Morales, City Manager
DATE: June 10,2015
AS VICE.MAYOR, FOR A TERM COMMENCING ON JULY 1, 2015 AND
TERMINATING ON OCTOBER 31, 2015, OR ON SUCH DATE WHEN A NEW
VICE.MAYOR IS THEREAFTER ELECTED.
ANALYSIS
The City Commission has established a policy of rotating the position of Vice-Mayor every
four (4) months. Since 1994, the rotation has been by Commission group number, in the
following sequence: Group l, ll, lll, lV, V and Vl.
Based on this direction, the next Vice-Mayor Group is Group V. The term for the next Vice-
Mayor is July 1,2015 through October 31,2015. Commissioner Edward L. Tobin is next in
the rotation to serve as Vice-Mayor.
JLM/REG 6
T:\AGENDAV0l 5\June\City Clerk's Office\Vice-Mayor\vice-mayor.cm.doc
100
RESOLUTION NO.
A RESOLUTION ELECTING COMMISSIONER EDWARD L. TOBIN,
GROUP V, AS VIGE.MAYOR, FOR A TERM COMMENCING ON JULY I,
2015 AND TERMINATING ON OCTOBER 31,2015, OR ON SUCH DATE
WHEN A NEW VICE.MAYOR IS THEREAFTER ELECTED.
WHEREAS, the Mayor and City Commission established a policy of rotating the position of
Vice-Mayor every four months; and
WHEREAS, for the term commencing on July 1 ,2015 through October 31,2015, the Mayor
and City Commission herein elect Commissioner Edward L. Tobin as Vice-Mayor.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA that Commissioner Edward L. Tobin is hereby elected
as Vice-Mayor of the City of Miami Beach, Florida, for a term commencing on July 1,2015 through
October 31,2015, or on such date when a new Vice-Mayor is thereafter elected.
PASSED and ADOPTED THIS _ day of June 2015.
ATTEST:
PHILIP LEVINE,
MAYOR
RAFAEL E. GRANADO,
CITY CLERK
T:lAGENDA\201 5Uune\City Clerk's OfficeVice-Mayorvice-mayor - RES.doc
APPROVED AS TO
FORM & LANGUAGE
5\,L lt5
G
Dote
101
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102
Reform Police Culture with Customer Service Emphasis
2012 City of Miami Beach Community Satisfaction survey ratings for police
slightly in 2014 (up from 66% to 670/o positive ratings). However, results
ill lag behind 2005 and 2009 when police received positive ratings from 78% and
% of residents, respectively. Residents in Mid Beach were more complimentary of
giving them 71% positive ratings. Conversely, only 610/o of residents in South
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Accepting Donation from Baptist Health to the Police Department of
Automatic External Defibrillators (AEDs) For Patrol Cars.
An AED is a portable electronic device that automatically diagnoses potentially life
threatening heart rhythms and is able to render aid by shocking the heart. The shock
basically resets the heart into a normal electrical rhythm. Minimal training is required
for their effective use.
The Miami Beach Police Department has a number of AEDs located throughout the
police department building, but does not have any units that are readily available to
police officers who patrol the city.
Through a partnership with Baptist Health, the Miami Beach Police Department has
been offered a donation of 100 AED units at an estimated cost of $200,00.00. The
units will be assigned to patrol officers who will carry the AEDs in their patrol vehicles
and a small number to Parks Department facilities.
NA
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:NA
MIAMIBEACH 103
-1915.2015-
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members the City
FROM: Jimmy L. Morales, City Manager
DATE: June 10,2015
SUBJECT: A Resolution Accepting from Baptist Health to the Police
Department of Automatic External Defibrillators (AEDs) For Patrol Cars.
ADMINISTRATION RECOMMENDATION
Accept the gift of donated items.
ANALYSIS
Sudden Cardiac Arrest (SCA) is a leading cause of death in the United States,
accounting for an estimated 325,000 deaths each year- nearly 1,000 people a
day or one person every two minutes. Survival rates nationally for SCA are less
than 8%. Sudden Cardiac Arrest is not the same as a heart attack and can be
compared to an electrical problem in the heart. The only treatment for sudden
cardiac arrest is defibrillation which can be provided with an Auto-mated External
Defibrillator, also known as an AED.
An AED is a portable electronic device that automatically diagnoses potentially
life threatening heart rhythms and is able to treat them by shocking the heart.
This shock basically resets the heart into a normal electrical rhythm. The
American Heart Association strongly encourages companies and organizations
to implement AED programs to increase the chances of survival for people who
have heart-related emergencies. Minimal training is required for their effective
use. Even if CPR is performed, defibrillation with an AED is required to treat
cardiac arrest and restore a normal heart rhythm. Technology has made AEDs
simple and user friendly.
The Miami Beach Police Department has a numberof AEDs located throughoutthe
police department building, but does not have any units that are readily available to
police officers who patrol the city.
As a full service, 24 hour first responder for the citizens of the Miami Beach
community, officers of the Police Department are often expected to render life-
saving aid in critical incidents. One of the most important lifesaving tools a first
responder can have available is an (AED).
104
Proposal
Through a partnership with Baptist Health, the Miami Beach Police Department has
been offered a donation of 100 AED units at a total cost of approximately
$200,000.00. The units will be assigned to patrol officers who will carry the units in
their patrol vehicles and a small number of units will be distributed to Parks
Department facilities as needed.
The Miami Beach Fire Department (MBFD) has identified an AED that is well suited
for professional, mobile, first responders. The unit has a rugged construction, is
vehicle friendly and in addition to the MBFD, is currently utilized by Miami-Dade
County and West Miami Police Departments.
Baptist Health will purchase the AEs recommended bythe Fire Department, through
their procurement process and then give the devices to the Police Department. The
AEDs will subsequently be distributed to officers working all shifts and all areas of
the city. The AEDs will be store in their patrol cars for immediate deployment, as
needed.
Gonclusion:
Miami Beach Police Officers are committed to delivering exceptional police services.
The addition of AED's in mobile patrol vehicles will provide officers with one more
tool to impact and ultimately save lives. All officers issued AEDs will be trained on
the proper usage and will participate in refresher training, as may be necessary, to
maintain proficiency.
01\
JLM:DJO:wrg
105
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND C!ry COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A
DONATTON OF ONE HUNDRED (100) AUTOMATIG EXTERNAL
DEFIBRILLATORS (AEDs), WITH AN APPROXIMATE TOTAL
COST OF $2OO,OOO.OO, FROM BAPTIST HEALTH SOUTH
FLORIDA ON BEHALF OF CITY OF MIAMI BEACH.
WHEREAS, an AED is a portable electronic devise that identifies potentially life
threatening heart rhythms, and is capable of shocking the heart in order to properly set
its normal electric rhythm; and
WHEREAS, the Miami Beach Police Department has a number of AEDs located
throughout the police department building, but believes that the placement of these
additional AEDs within patrol vehicles will serve as an important lifesaving tool for the
City's first responders; and
WHEREAS, the City of Miami Beach, by and through the Miami Beach Police
Department, has partnered with Baptist Health South Florida, which has offered to
donate the 100 AEDs that has an approximate value of $200,000.00; and
WHEREAS, these additional AEDs will be primarily utilized by the Miami Beach
Police Department, and several AEDs will be provided to the Parks and Recreation
Department for utilization during critical cardiac incidents.
NOW, THEREFORE, BE !T DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, authorize the City of Miami
Beach to accept a donation of one hundred (100) automatic external defibrillators
(AEDs), with an approximate total cost of $200,000.00, from Baptist Health South Florida
on behalf of City of Miami Beach.
PASSED and ADOPTED this
ATTEST BY:
RAFAEL GRANADO, CITY CLERK
day ofJune, 2015.
MAYOR PHILIP LEVINE
APPHOVED AS TO
FONM & LAAIGUAGE
TFORE)(ECUtlCr{
LV((5
l-{)DlI
106
Gondensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach,
Manager and City Clerk to execute a voluntary cooperation and operational
Miami-Dade Coun
Florida authorizing the City
mutual aid agreement with
COMMISSION ITEM SUMMARY
lntended Outcome Su
Maintain crime rates at or below national trends.
Supporting Data (Surveys, Environmental Scan, etc.): Safety was ranked No. 1 by residents a as
>ne of the changes that will make Miami Beach a better place; safety across the City was one of the
nost important areas affecting the quality of life; and 78o/o of residents rated quality of services
rrovided bv Citv Police as excellent or oood.
lssue:
Should the Administration adopt the Resolution?
Item Summary/Recommendation :
The City of Miami Beach and Miami-Dade County, Florida because of the existing and continuing possibility
of the occurrence of law enforcement problems and other natural and man-made conditions which are or
are likely to be beyond the control, personnel, equipment or facilities of the Miami Beach Police Department
or the Miami-Dade County Police Department believe that it is beneficial for each to participate in a Mutual
Aid Agreement as authorized by Chapter 23, Florida Statues. The Mutual Aid Agreement will allow for the
sharing of law enforcement resources and the rendering of assistance both during routine and intensive law
enforcement situations. These Agreements will take etfect when it is signed and will expire on January 1,
2020.
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
Department Direcfor Assistant City Manager ci t Manager
Chief DanielJ. Oates l\l U 7n
AGENDA ITEM
DATE
C7E
b-a-FMIAMIBEACH107
City of Miomi Beoch, lZ00 Conveniion Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
MIAMIBEACH
FROM:
DATE:
SUBIECT: A RESOLUTION OF THE MAYOR CITY GOMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE A VOLUNTARY COOPERATION AND OPERATIONAL
ASSISTANCE MUTUAL AID AGREEMENT WITH MIAMI.DADE COUNTY,
FLORIDA.
ADMINISTRATION RECOMMEN DATION
Adopt the Resolution.
ANALYSIS
The City of Miami Beach and Miami Dade County, Florida because of the existing and
continuing possibility of the occurrence of law enforcement problems and other natural and
man-made conditions which are or are likely to be beyond the control, personnel, equipment
or facilities of the Miami Beach Police Department or the Miami Dade Police Department
believe that it is beneficial for each to participate in a MutualAid Agreement as authorized by
Chapter 23, Florida Statues.
The Mutual Aid Agreement will allow for the sharing of law enforcement resources and the
rendering of assistance both during routine and intensive law enforcement situations.
This Agreement will take effect when it is signed and will expire on January 1,2020.
CONCLUSlON
It is recommended that the Mayor and City Commission adopt this Resolution and authorize
the signing of the Mutual Aid Agreement that will allow for the sharing of law enforcement
resources.
TO Mayor Philip Levine and Members of
Jimmy L. Morales, City Manager
June 10,2015
City Com
JLM:DJO:LH:tr
108
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY GOMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER, AND THE CITY CLERK TO EXEGUTE A VOLUNTARY
COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID
AGREEMENT WITH MIAMI.DADE GOUNTY, FLORIDA, FOR THE
PURPOSE OF COORDINATING LAW ENFORCEMENT PLANNING,
OPERATIONS, AND MUTUAL AID BENEFIT BETWEEN THE CITY OF
MIAMI BEACH AND MIAMI.DADE GOUNTY, FLORIDA.
WHEREAS, it is the responsibility of the respective governments of the City of Miami
Beach and Miami-Dade County, Florida to ensure the public safety of their citizens by providing
adequate levels of police service to address any foreseeable routine or emergency situation;
and
WHEREAS, the existence of, and continuing possibility that there may be the
occurrence of law enforcement problems, and other natural and man-made conditions which
are, or are likely to be, beyond the control of services, personnel, equipment, or facilities of the
City of Miami Beach Police Department and Miami-Dade County Police Department; and
WHEREAS, it is necessary to ensure that these law enforcement agencies will have
adequate resources to address any and all of these conditions, to protect the public peace and
safety, and to preserve the lives and property of the people of the City of Miami Beach and
Miami-Dade County, Florida; and
WHEREAS, the City of Miami Beach and Miami-Dade County, Florida have the authority
under Chapter 23 of the Florida Statutes, known as the "Florida Mutual Aid Act," to enter into the
attached Voluntary Cooperation and OperationalAssistance MutualAid Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, hereby authorize the City
Manager and the City Clerk to execute a Voluntary Cooperation and Operational Assistance
Mutual Aid Agreement with Miami-Dade County, Florida, for the purpose of coordinating law
enforcement planning, operations, and mutual aid benefit between the City of Miami Beach and
Miami-Dade County, Florida.
PASSED AND ADOPTED this _ day of June, 2015.
ATTEST:
APPROVED AS TO
FORM & TANGUAGE
AFOR EXIPUTION
.(-- /- z-O
H
Odo
Rafael E. Granado, City Clerk
Mayor Philip Levine
109
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110
A Resolution Of The Mayor And Gity Commission Of The City Of Miami Beach,
Florida, Approving and Authorizing the Administration To Negotiate A Lease
Agreement, Based Upon MaterialTerms Set Forth ln this Resolution, Between
The City Of Miami Beach, As Tenant, And JallerGrossman Partnership LLC, As
Landlord, For Use Of Approximately 18,200 Rentable Square Feet Of Property,
Located At 6700 N.W. 36rH Avenue, Miami, Florida, To Be Used As Storage
Space Primarily ForThe City's Police Department; Said Lease Having An lnitial
Term Of Five (5) Years And Two (2) months, Commencing On August 1,2015,
And Ending On September 30,2020, With One (1) Additional RenewalOption,
At City's Discretion, for a Term Of Five (5) Years; And Further Authorizing The
Mayor And City Glerk To Execute Said Lease Agreement upon successful
the Administration.
Condensed Title:
COMMISSION ITEM SUMMARY
lntended Outcome
Streamline the delivery of services though all departments/Ensure expenditures re
sustainable over time.
Supporting Data (Surveys, Environmental Scan, etc.):
AGEHDA nea C7 F
Item Summary/Recommendation :
The Police Department has exhausted all options for storage of large evidentiary items,
namely vehicles, in the parking garage located at Police Headquarters. Employees of the City
of Miami Beach actively searched for an off-site vehicle / property storage facility to lease. ln
total, over ten properties were considered. The site the Administration is recommending is
located at 6700 NW 36th Avenue, Miami, Fl and has 18,200 square feet (premises). The
Administration seeks authorization to execute a lease for the premises for an initial term of 5
years and 2 months (8-1-2015 through 9-30-2020), with 1 renewal option for a term of 5
years. The monthly rental for the initial term shall be $6,500 per month and the monthly rental
for the renewal term shall be $90,000 per year ($Z,SOO per month) plus any increase in the
amount of real estate taxes assessed aqainst the inq the initialterm.
NA
Financial lnformation:
Source of
Funds:
Amount Account
1 $78,000 01 1-1 130-000323
2
3
OBPI Total
Financial !mpact Summary:
Funds have been identified from the Police Department's current budget and moving forurard
this expense will be included in the Police Department's current service level budoet.
Wendy Rich-Goldschmidt X3054
Chief Daniel J. Oates Jimmy L. Morales
MIAMIBEACH oerc 6-lo15111
MIAMIBEACH
CirY of Miomi Booch, I700 Convenfion Centar Drive, Miomi Beoch, Florido 33 139, www.miomibeochfl.gov
COMMISSION MORANDUM
TO:
FROM:
DATE:
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVINGAND AUTHORIZING THE ADMINISTRATION TO
NEGOTIATE A LEASE AGREEMENT, BASED UPON
MATERIAL TERMS SET FORTH IN THIS RESOLUTION,
BETWEEN THE CITY OF MIAMI BEACH, AS TENANT,
AND JALLER GROSSMAN PARTNERSHIP LLC, AS
LANDLORD, FOR USE OF APPROXIMATELY 18,200
RENTABLE S-QUARE FEET OF PROPERTY, LOCATED AT
6700 N.W. 36rH AVENUE, MtAMt, FLORTDA; TO BE USEDAS STORAGE SPACE PRIMARILY FOR THE CITY'S
POLICE DEPARTMENT; SAID LEASE HAVING AN tNtTlAL
TERnr OF FlvE (5) YEARS AND TWO (21 MONTHS,
COMMENCING ON AUGUST 1, 2015, AND ENDING ON
SEPTEMBER 30, 2020, wtTH oNE ({} ADDTTTONAL
RENEWAL OPTION, AT THE CITY'S DISCRETION, FOR A
TERM OF FIVE (5) YEARS; AND FURTHER AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE SAIDLEASE AGREEMENT UPON SUCCESSFUL
NEGOTIATIONS BY THE ADMINISTRATION.
ADIIIINISTRATION RECOMIUI EN DATION
Adopt the Resolution.
BACKGROUND
The Police Department located at llO0Washington Avenue has stored vehicles within
the parking garage for many years. These vehicles have been stored for various reasons
to include but not limited to: criminal investigations, marine patrol investigations, auto
theft investigations, accident investigations, forfeitures, and crashed police vihicles.
Some of the vehicles contain bio-hazardous materials such as blood, body tissue and
other bodily fluids. There are also vehicles that contain shards of broken glass,
Mayor Philip Levine and Members/of the City ommission
Jimmy L. Morales, City Manager
June '10, 2015
112
Commission Memorandum
New Lease Agreement - Police Depaftment
June 10,2015
Page 2 of 3
protruding metal parts and a few vehicles / motorcycles that leak oil and other fluids.
Members of the Police Department are often within close proximity to these vehicles.
The designated storage areas for these vehicles are at full capacity and have been so
for some time. Consequently, we are forced to park these vehicles in other designated
parking spaces throughout the garage that were originally designated as employee
parking.
As is required by law, the City is mandated to maintain the integrity of all forfeiture
vehicles. The initial design of the building had a fenced area located on the roof that was
specifically designated for security of forfeiture vehicles. However, placement on the roof
has proven inadequate because the vehicles are unprotected from the elements.
Further, the ground floor of the parking garage is not completely secure, and therefore
not an option.
Beside vehicle and bicycle storage, there are currently four Conex containers, which
hold evidence and are stored in the garage. All of the additional fenced/secured
containment areas within the garage that store additional evidence are also at capacity.
The Police Department has reached a critical point in which additional storage space is
needed for property and evidence.
Additionally, the Parking Department currently has storage needs for several, large
Variable Message Signs (VMS), as well as other vehicles that may require storage.
ANALYSIS
ln order to identify possible solutions, several options were reviewed. The possibility of
storing inoperable vehicles on the roof of the station is not viable because tow
companies can't maneuver a flatbed wrecker through each level of the garage due to
height restrictions. For these same reasons "double stacking" vehicles in a single
parking space is not possible.
The City's Real Estate Office assisted the Police Department and actively searched for
an off-site vehicle / property storage facility to lease. The search criteria used was a
location relatively close to the City of Miami Beach with a property size of at least 1O,OOO
square feet, condensed territory. Some of the locations toured were either too
expensive, had zoning issues or did not meet space requirements. ln total, over ten
properties were considered. The site eventually chosen is located at 6700 NW 36th
Avenue (unincorporated Miami Dade County) and contains approximately 18,200 square
feet.
Lease proposals were negotiated between the City and the Landlord with the initial
asking price of $9,000 per month or $5.93 per square foot. Upon further negotiation, the
Landlord agreed to a fixed monthly rental cost of $6,500 for the five-yeai initial lease
term, with one (1) additional five (5) year renewal option, at a fixed monthly rental cost
for the entire renewal term, calculated by adding the base rental rate of $7,s00, per
month, plus any increase in real estate taxes during the initial lease term. The Lease
Agreement, in substantial form, is attached hereto as Exhibit A (Lease Agreement), and
is subject to Legal and Regulatory approvals as well as final approval by the Landlord.
113
Commission Memorandum
New Lease Agreement - Police Department
June 10,2015
Page 3 of 3
A summary of the proposed lease terms are as follows:
TENANT: city of Miami Beach, a Florida municipal corporation.
LANDLORD: Jaller Grossman Partnership LLC.
PREMISES: 6700 NW 36h Avenue
Miami, Florida 33147
SIZE: Approximately 18,200 square feet
TERM: Five (5) Years
BASE RENT: $4.29 per square foot ($78,000 annually; $6,500 monthly).
lNlTlAL LEASE TERM: August 1,2015 - September 30, 2020
SECURITY DEPOSIT: One (1) month's rent ($6,500.00)
usE: The premises shall be used by the city as a storage
location for the City of Miami Beach police and parking
Departments.
RENEWAL oPTloN: one (1) renewal option for five (s) years, subject to 1g0
days prior written notice to Landlord. The rental rate for
the entire renewal term shall be fixed and shall be
calculated by adding the base rent amount of g4.94 per
square foot ($90,000 per year; 97,500 per month) plus any
increase in the amount of real estate taxes assessed
against the premises between the base year of the initial
term (year 2015) and the last year of the initial term (year
2020).
CONCLUS!ON
The Administration recommends that the Mayor and City Commission adopt the
Resolution approving the proposed Lease Agreement between the City and Jaller
Grossman Partnership.LLC for approximately 18,200 rentable square feet of space
located at 6700 NW 36th Avenue, Miami, Florida.
JLM/DJO/IbMC
Exhibitsi
A Lease Agreement
T:/AGENDA/201 5/JUNUMB PoLlcE DEPT/Memo Police Department warehouse Lease.
114
RESOLUTION NO
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
ADMINISTRATION TO NEGOTIATE A LEASE AGREEMENT, BASED UPON
THE MATERIAL TERMS SET FORTH IN THIS RESOLUTION, BETWEEN
THE CITY OF MIAMI BEAGH, AS TENANT, AND JALLER GROSSMAN
PARTNERSHIP LLC, AS LANDLORD, FOR USE OF APPROXIMATELY
18,200 RENTABLE SQUARE FEET OF PROPERTY, LOCATED AT 6700
N.W. 36TH AVENUE, MIAMI, FLORIDA, TO BE USED AS STORAGE SPACE
PRIMARILY FOR THE ClffS POLICE DEPARTMENT; SAID LEASE
HAVTNG AN tNtTtAL TERM OF FIVE (5) YEARS AND TWO (2) MONTHS,
COMMENCING ON AUGUST 1, 2015, AND ENDING ON SEPTEMBER 30,
2020, wtTH oNE (1) ADDTTTONAL RENEWAL OpTtON, AT THE CtffS
DISCRETION, FOR A TERM OF FIVE (5) YEARS; AND FURTHER
AUTHORIZING THE MAYOR AND GITY GLERK TO EXECUTE SAID LEASE
AGREEMENT UPON SUCCESSFUL NEGOTIATIONS BY THE
ADM!NISTRATION.
WHEREAS, the Miami Beach Police Department has stored disabled vehicles for a variety
of reasons within the Department's parking garage, located at 1100 Washington Avenue,
Garage for many years; and
WHEREAS, the designated storage for these vehicles has reached full capacity which has
reduced the availability for employee parking; and
WHEREAS, additional Conex storage containers which house evidence are also stored in
the Garage, and are also taking up parking spaces in the Garage; and
WHEREAS, the Administration searched for an alternate site to address the current need for
storage and future storage needs, and, in conducting its due diligence, considered
approximately ten (10) sites which could accommodate this use; and
WHEREAS, the Administration recommends that the City Commission authorize the
negotiation of a lease between the City, as tenant, and Jaller Grossman Partnership LLC, as
landlord, for the site located at 6700 N.W. 36th Avenue, Miami, Florida 33147 (premises), based
upon the following material terms:
LANDLORD:
PREMISES:
SIZE:
TERM:
BASE RENT:
INITIAL LEASE TERM:
Jaller Grossman Partnership LLC
6700 NW 36th Avenue
Miami, Florida 33147
Approximately 18,200 square feet
Five (5) Years
$4.29 per square foot ($78,000 annually; $6,500 monthly)
August 1,2015 - September 30, 2020
115
SECURITY DEPOSIT:
USE:
One (1)month's rent ($6,500.00)
The premises shall be used by the City as a storage
location for the City of Miami Beach Police and Parking
Departments.
One (1) renewal option for five (5) years, subject to 180
days prior written notice to Landlord. The rental rate for
the entire renewal term shall be fixed and shall be
calculated by adding the base rent amount of $4.94 per
square foot ($90,000 per year; $7,500 per month) plus any
increase in the amount of real estate taxes assessed
against the premises between the base year of the initial
term (year 2015) and the last year of the initial term (year
2020); and
RENEWAL OPTION:
WHEREAS, the Administration recommends that, upon successful negotiations, the City
Commission authorize the execution of a lease between the City and Jaller Grossman
Partnership LLC substantially in the form attached hereto and incorporated herein as ExhibituA".
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Administration to negotiate a lease agreement,
based upon the material terms set forth in this resolution, between the City of Miami Beach, as
tenant, and Jaller Grossman Partnership LLC, as landlord, for use of approximately 18,200
rentable square feet of property, located at 6700 N.W. 36th Avenue, Miami, Florida, to be used
as storage space primarily for the City's Police Department; said lease having an initial term of
five (5) years and two (2) months, commencing on August 1, 2015, and ending on September
30,2020, with one (1) additional renewal option, at the City's discretion, for a term of five (5)
years; and further authorize the Mayor and City Clerk to execute said lease agreement upon
successful negotiations by the Administration.
PASSED and ADOPTED this 1Oth day of June, 2015.
ATTEST:
Rafael E. Granado, City Glerk Philip Levine, Mayor
r:\AGENDA\20I s\June\MBPolice oept\Police Department Warehouse Lease Reso
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
6lL[,
Dote116
EXHIBIT
h
Kohn Commercial Real Estate
PO Box 331858
Miami, FL 33233-1858
D.305.794.6704
www. kohncommercia l.com
LEASE AGREEMENT
THIS LEASE AGREEMENT (lease or contract) entered into this day of June, 2015
(Effective Date) by and between Jaller Grossman Partnership LLC, a limited liability company,
hereinafter called the lessor or landlord, party of the first part and City of Miami Beach, a Florida
municipal corporation, hereinafter called the lessee or tenant, party of the second part.
WITNESSETH, that the said lessor does this day lease unto said lessee, and said lessor
does hereby hire and take as tenant the City of Miami Beach under said lessor space, identified by
Folio No. 30-31 16 017 0020, including a warehouse building having +l-18,200 sq ft. and adjoining
area, situated in 6700 NW 36 Avenue, in Miami, State of Florida, (premises) to be used and
occupied by the lessee as office, warehouse, storage use (including storage of vehicles,
containers, and other similar municipal storage uses) and for no other purposes or uses, for the
term of Sixty two (62) months, beginning the 1st day of August, 2015 (lease commencement date)
and efild:in,g,the 30th day of September,2020, at and,,{or the agreed,::rental of Four Hundred Three
Thousand and 00/100 Dollars ($403,000.00) payable as follows:
Months 1-12: August 1 , 2015 - July 31 , 2016 - $6,500.00 per month
Months 13-24: August 1, 2016 - July 31, 2017 - $6,500.00 per month
Months 25-36: Aulust 1, 2017 - July 31,2014 - $O,SOO.00 per month
Months 37-48: August 1,2018 - July 31,2019 - $6,500.00 per month
Months 49-60: August 1,2019 - July 31,2020 - $6,500.00 per month
Months 61-62 August 1, 2020 - September 3O, 2020 - $6,500.00 per month
Landlord acknowledges that tenant is a municipal corporation organized under the laws of the
State of Florida and, as such, is exempt from payment of sales taxes in connection with the rental
payments due under this lease.
Tenant shall have one (1) renewal option for a term of five (5) years, subject to providing landlord
written notice no later than one-hundred twenty (120) days prior to the expiration of the existing
term, or renewal term, as the case may be. The rental for the renewal term shall be subject to a
one (1) time adjustment at the commencement of the first year of the renewal term and thereafter
remain fixed throughout the remainder of the renewal term. The rental for the renewal term shall be
calculated by adding the base rental amount of $90,000 per year ($7,500 per month) plus the
increase in the amount of real estate taxes assessed against the premises during the initial term
(real estate tax increase). The real estate tax increase shall be determined by subtracting the
amount of the real estate taxes assessed during the base year of the initial lease term (year 2015)
from the amount of real estate taxes assessed against the premises for the last year of the initial
term (year 2020). By way of illustration, if the real estate tax increase totaled $7,500, the rent for
the renewal term would be $97,500 per year ($8,125 per month).
Upon execution of lease documents, tenant shall deposit the amount of $6,500.00, which
represents 1 month security deposit and pay the first month's rent in the amount of $6,500.00.
All payments are to be made to the lessor on the first of each and every month in advance without
demand at the office of Jailer Grossman Partnership LLC, located at 44OO NW 19th Ave, Unit K,
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117
Kohn Commercial Real Estate
PO Box 331858
Miami, FL 33233-1858
D.305.794.6704
www.kohncommercia l.com
Pompano Beach, FL 33064, in the State of Florida, or at such other place and to such other
person, as the lessor may from time to time designate in writing.
The following express stipulations and conditions are made a part of this lease and are
hereby assented to by the lessee:
FIRST. ASSIGNMENT OR SUBLETTING. The lessee shall not assign this lease, nor sub-let the
premises, or any part thereof nor use the same, or any part thereof, nor permit the same, or any
part thereof, to be used for any other purpose than as above stipulated, nor make any alterations
therein, and all additions thereto, without the written consent of the lessor which will not be
unreasonably withheld, and all additions, fixtures or improvements which may be made by the
lessee, except movable office furniture, shall become the property of the lessor and remain upon
the premises as a part thereof, and be surrendered with the premises at the termination of this
lease.
SECOND: RELEASE. All personal,property placed or moved in the premises abone,{g6efrhed,shall
be at the risk of the lessee or ourned thereof, and lessor shall not be liable for any damage to said
personal property, or to the lessee arising from the bursting or leaking of water pipes, or from any
act of,hegligencer,of any co-tenant or occupants of,the ,building or of any person whomsoever.
THIRD: ORDINANC,E. Lar@rd warrants and represents that as of rEffective Date of this lease the
premises complies with all Federal,.State, and iocal Ordinances (collectively, laws) apllicable to
said premises, and shall be responsible for any costs associated with ensuring compliance with
said laws. The tenant, during the lease term and renewal term (if exercised), shall promptly
execute and comply with the statutes, ordinances, rules, orders, regulations and requirements of
the Federal, State and City Government and of any and all of their Departments and Bureaus
applicable to said premises, for the correction, prevention, and abatement of nuisances or other
grievances, in, upon, or connected with said premises during said term; and shall also promptly
comply with and execute all rules, orders and regulations of the applicable fire prevention codes for
the prevention of fires.
FOURTH: DESTRUCTION OF PREMISES. ln the event the premises shall be destroyed or so
damaged or injured by the fire or other casualty during the life of this agreement, whereby the
same shall be rendered untenantable, then the lessor shall have the right to render said premises
tenantable by repairs within forty five days therefrom. lf said premises are not rendered tenantable
within the said time, it shall be optional with either party hereto to cancel this lease, and in the
event of such cancellation the rent shall be paid only to the date of such fire casualty, the
cancellation herein mentioned shall be evidenced in writing.
FIFTH: ACCEPTANCE. The prompt payment of the rent for said premises upon the dates names,
and the faithful observance of the rules and regulations printed upon this lease, and which are
hereby made a part of this covenant, are the conditions upon which the lease is made and
accepted, and any failure on the part of the lessee to comply with the terms of said lease shall
constitute a default hereunder.
SIXTH: ABANDONMENT. lf the lessee shall abandon or vacate said premises before the end of
the term of this lease, or shall suffer the rent to be in arrears, the lessor may, at his option, forthwith
cancel this lease or he may enter said premises as the agent of the lessee, without being liable in
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Kohn Commercial Real Estate
PO Box 331858
Miami, FL 33233-1858
o.305.794.6704
www.kohncommercial.com
any way therefore, and relet the premises with or without any furniture that may be therein, as the
agent of the lessee, at such price and upon such terms and for such duration of time as the lessor
may determine, and receive the rent therefore, applying the same to the payment of the rent due
by these presents, and if the full rental herein provided shall not be realized by lessor over and
above the expenses to lessor in such re-letting, the said lessee shall pay any deficiency.
SEVENTH: ATTORNEYS FEES. Lessee agrees to pay the cost of collection and reasonable
attorney's fee on any part of said rental that may be collected by suit of by attorney, after the same
is past due.
EIGHTH: UTILITIES. The lessee agrees that he will pay all charges for, gas, electricity, or other
illumination, and for all water used on said premises directly to the utility provider, and should said
charges for, light or water herein provided for at any time remain due and unpaid for the space of
five days after the same shall have become due, the lessor may, at its option, pay on behalf of the
lessee the outstanding utility bills, for which lessee shall be obligated to reimburse lessor, as
additional rent.
NINTH: ASSIGNMENT FURNITURE & FIXTURE. DELETED
TENTH: LATE FEES Lessee shall be required to pay lessor q.. late fee equal to fifty dollars
($50.001 any rental payments due that remains unpaid for ten (10) days after its due date. Any
rental payments due that remain unpaid for fifteen (15) days shall accrue an additional late fee, of
eighteen percent (18Yo) per annum, or the highest interest rate permitted by law, whichever is less.
ELEVENTH: INSURANCE PROPERTY TAX. Landlord shall be responsible for payments of the
Real Property Taxes assessed against the demised premises, and foi building insurince. Landlord
agrees that it will keep in force :trduring ,,:lhe term of this lease, a landlords o{agrees that it will keep in force ':,r:during ,,:lhe term of this lease, a landlords ody liability
policy.(landtord witl not be providing protection for Tenant's trade fixtures, furnishings, personal
proper| or improvements providing protection against any perits including within the ctaesification
of fire, lightning and windstorm). 'r:r ,
TWELFTH: MAINTENANCE. The lessor, or any of his agents, shall have the right to enter said
premises during all reasonable hours, so long as accompanied by tenant, to examine the same to
make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or
preservation thereof, or of said building, or to exhibit said premises, and to put or keep upon the
doors or windows thereof a notice "FOR RENT' at any time within one hundred twenty (120) days
before the expiration of this lease. The right of entry shall likewise exist for the purpose of removing
placards, signs, fixtures, alterations, or additions, which do not conform to this agreement, or to the
rules and regulations of the building. Landlord shall be responsible for the roof and the structure of
the building.
THIRTEENTH: RELEASE TO LESSOR. Lessor shall ensure that the premises shall be in good
and operating condition, and in compliance with all applicable laws as of the lease commencement
date, and further agrees to satisfactorily complete the baseline repairs as set forth in the attached
Exhibit "A". Upon completion of said base line repairs, the parties shall execute written confirmation
that all baseline repairs have been completed (Acceptance Date) and lessee accepts the premises
in the condition that exist as of said Acceptance Date, and agrees to maintain said premises in the
same condition, order and repairs as they are as of said Acceptance Date, excepting only
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Kohn Commercial Real Estate
PO Box 331858
Miami, FL 33233-1858
D.305.794.6704
www.koh ncommercia l.com
reasonable wear and tear arising from the use thereof under this agreement, and to make good to
said lessor immediately upon demand, any damage to water apparatus, or electric lights or any
fixture, appliances or appurtenances of said premises, or of the building caused by any act or
neglect of lessee, or of any person or persons in the employ under the control of the lessee.
FOURTEENTH: DAMAGES. lt is expressly agreed and understood by and between the parties to
this agreement, that the landlord shall not be liable for any damage or injury by water, which may
be sustained by the said tenant or other person or for any other damage or injury resulting from the
carelessness, negligence or improper conduct on the part of any other tenant or agents, or
employees, of by reason of the breakage, or obstruction of the water, sewer or soil pipes, or other
leakage in or about the said building. There is no smoking permitted inside the building.
FIFTEENTH: BANKRUPTCY. lf the lessee shall become insolvent or if bankruptcy proceedings
shall be begun by or against the lessee, before the end of said term the lessor is hereby
irrevocably authorized at its option, to forthwith cancel this lease, as for a default. Lessor may elect
to aocept rent from such receiver, trustee, or other judicial officer, ,dgr,!ng the ,term of their
occupancy in their fiduciary @pacity without affecting lessor's rights as contained in this contract,
but not receiver, trustee or other judicial officer shall have any right, title or interest in or to the
above described property by virtue of this contract.
SIXTEENTH: BROKERAGE:; Lessor shall be responsible for the payment of the commission due
Kohn Commercial Real Estate. Each party warrants and represents that he or it has dealt with no
broker other than Kohn Commercial Real Estate in connection with this lease. Each party shall be
responsible to the other for any claims, demands, judgments actions causes of actions,
negligence, and/orrdamage6;: includ,ing reasonable attorney's fees and suit costs in the event that
any person or entity, other than Kohn Commercial Real Estate, claims to have dealt with said party
and elaims to be entitled to a commission in connection with:jhis transaction.
SEVENTEENTH: HEIRS, ASSIGNS, OR SUCCESSORS. This contact shall bind the lessor and its
assigns or successors, and the heirs, assigns, personal representatives, or successors as the case
may be, of the lessee.
EIGHTEENTH: TIME. lt is understood and agreed between the parties hereto that time is of the
essence of this contract and this applies to all terms and conditions contained herein.
NINETEENTH: NOTICES. lt is understood and agreed between the parties hereto that written
notice mailed or delivered to the City of Miami Beach Police Department, 1100 Washington
Avenue, Miami Beach, Florida 33139 shall constitute sufficient notice to the lessee; and written
notice mailed or delivered to the office of the lessor located al 4400 NW 19th Ave, Unit K,
Pompano Beach, FL 33064, shall constitute sufficient notice to the lessor, to comply with the terms
of this contract.
TWENTIETH. RIGHTS. The rights or the lessor under the foregoing shall be cumulative, and
failure on the part of the lessor to exercise promptly any rights given hereunder shall not operate to
forfeit any of the said rights.
TWENTY-FIRST: CHARGES. lt is further understood and agreed between the parties hereto that
any charges against the lessee by the lessor for services or for work done on the premises by
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Kohn Commercial Real Estate
PO Box 331858
Miami, FL 33233-1858
D.305.794.6704
www. kohncommercial.com
order of the lessee or otherwise accruing under this contract to lessee shall be considered as rent
due and shall be included in any lien for rent due and unpaid.
TWENTY-SECOND: SIGNS. lt is hereby understood and agreed that any signs or advertising to be
used, including awnings, in connection with the premises leased hereunder shall be first submitted
to the lessor for approval before installation of same.
TWENTY-THIRD: CARE AND MAINTENANCE OF PREMISES. Lessee acknowledges that the
premises are in good order and repair, unless otherwise indicated herein. Lessee shall, at his own
expense and at all times, maintain the premises in good and safe condition, including plate glass,
electrical wiring, plumbing and heating installations and any other system or equipment upon the
premises and shall surrender the same, at termination hereof, in as good condition as received,
normal wear and tear expected. Lessee shall be responsible for all repairs required, excepting the
roof, exterior, walls, and structural foundations.
TWENTY:F-OURTH: POSSESSION. lf lessor is unable to deliver possession of the pre$isesigt,,rthe
commen@ment hereof, lessor shall neither be liable for any damage caused thereby, nor shall this
lease be void or voidable, but lessees shall not be liable for any rent until possession is delivered.
Lesq€.e may terminate this lease if possession is,,not detivered within 30 of the commencement of
the term hereof.
f DOMAIN;.:If the,:prcmises or any part thereof or any estate:,{herein, orTWENTY-SIXTH: EMINENT DOMAIN;.,If the, mises or any part thereof or any estate:,{herein, or
any other part of the building materially affeding lessee's use of the premises, shall be taken by
eminent domain;',{6is lease shall termi:nete.qn the date when titler,vests pursuant to eyeh taking.
The rent, and any additional rent, shall be apportioned as of the termination date and any rent paid
for any period beyond that date shall be repaid to lessee. Lessee shall not be entitled to any part of
the award for such taking or any payment in lieu thereof, but lessee may file a claim for any taking
of fixtures and improvements owned by lessee, and for moving expenses.
TWENTY-SEVENTH: SECURITY DEPOSIT. Tenant shall deposit with landlord, and landlord shall
hold, $6,500.00, as security for tenant's faithful performance of tenant's obligations (the "security
deposit"). lf tenant fails to pay rent or other charges due hereunder, or otherwise defaults with
respect to any provision of this lease, landlord may use, apply or retain all or any portion of the
security deposit for the payment of any rent or other charge in default or for the payment of any
other sum to which landlord may become obligated by reason of tenant's default. Upon fifteen (15)
days after written demand therefore, tenant shall deposit cash with landlord in an amount sufficient
to restore the security deposit to the full amount hereinabove stated and tenant's failure to do so
shall be a material breach of this lease. Landlord shall not be required to keep said deposit
separate from its general accounts. The security deposit shall be returned to the tenant upon
fifteen (15) days of the lease expiration date or from the date tenant no longer occupies the
building so long as tenant is in compliance with all terms of the lease. No trust relationship is
created herein between landlord and tenant with respect to the security deposit.
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Kohn Commercial Real Estate
PO Box 331858
Miami, FL 33233-1858
o.305.794.6704
www. koh ncommercia l,com
TWENTY-EIGHTH: DEFAULTS AND REMEDIES: Defaults & Remedies: The occurrence of any
one or more of the following events shall constitute a material default and breach of this lease by
tenant: (A) The abandonment and nonpayment of rent and other non-performance of the
obligations of the lease by tenant. (B) The failure by tenant to make any payment of rent or any
other payment required to be made by tenant hereunder, as and when due, where such failure
shall continue for a period of five (5) days after tenant's receipt of written notice thereof. (C) The
failure by tenant to observe or perform any of the covenants, conditions or provisions of this lease
to be observed or performed by tenant, where such failure shall continue for a period of thirty (30)
days after written notice thereof from landlord to tenant; provided, however, that if the nature of the
tenant's default is such that more than thirty (30) days are reasonably required to cure, then tenant
shall not be deemed to be in default if tenant commenced such cure within the thirty (30) day
period and thereafter diligently prosecutes such cure to completion.
ln the event of a default by landlord, tenant shall give landlord notice specifying such default with
particularity, and landlord should have a period of (30) thirty days following the date of such notice
in which to cure such default,,,{plevided, however, ,that if such default reasona$Ly*-r'q6lg,ircs,,more
than (30) thirty days to cure, landl0 ,snould have a reasonable time to cure such,: ultir,:pnovj&d
landlord commences to cure within such (30) days period and thereafter diligently prosecute such
cure to completion).
TWENTY-NINTH: 'SUBORDINATION. This lease is and shall be iubordinated to all existing and
future liens and encumbrances against the property. ,,,
THIRTIETH: RADON GAS. ln accordance with the requirement of Florida Statutes Sedion 404.56
(8) the following notice is hereby given: Radon is a naturally occurring radioactive gas that, when it
has accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of Radon that exceed federal and state have been found in
OuitOings in Florida. Additional information regarding radon testing may be obtained from your
counu,Pubtic Health unit''i
'1r..,,,,:.. ,,,,,,, llr'
THIRTY-FIRST: HMARDOUS SUBSTANCES-GENERAL: The term "Hazardous Substances," as
used in this lease shall mean pollutants, contaminants, toxic or hazardous wastes, or any other
substances the use and/or the removal of which is required of the use of which is restricted,
prohibited, penalized by any "Environmental Law", which term shall mean any federal, state or
local law, ordinance or other statute of a governmental or quasi-governmental relating pollution or
protection of the environmenU tenant hereby agrees that (l) no activity will be conducted on the
premises that will produce any Hazardous Substances, except for such activities that are part of
the ordinary course of tenant's business activities (the "permitted Activities") provided said
Permitted Activities are conducted in accordance with all Environmental Laws. Tenant shall be
responsible for obtaining any required permits and paying any fees and providing any testing
required by any governmental agency in connection with said permitting process: (ll) The premises
will not be used in any manner for the storage of any Hazardous Substances except for the
temporary storage of each materials that are used in the ordinary course of tenant's business (the
"Permitted Materials") provided said Permitted Materials are properly stored in a manner and
location meeting all Environmental Laws. Tenant shall be responsible for obtaining any required
permits and paying less and providing any testing required by any governmental agency (lll) no
portion of the premises will be used as a landfill or a dup: (lV) Tenant will not install any
underground tanks of any type: (V) Tenant will not allow any surface or subsurface conditions to
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Kohn Commercial Real Estate
PO Box 331858
Miami, FL 33233-1858
D.305.794.6704
www. kohncommercial.com
exist or come into existence that constitutes or with the passage of time may constitute a public
private nuisance: (Vl) Tenant will not permit any Hazatdous Substances to have brought into the
premises, except for the Permitted Materials described below, and if so brought or found located
thereon, the same shall be immediately removed, with proper disposal; and all required cleanup
procedures shall be diligently undertaken pursuant to all Environmental Laws. Landlord of
landlord's representative shall have the right but not the obligation to enter the premises for the
purpose of inspecting the storage; use and disposal of Permitted Materials are to ensure
compliance with all Environmental Law. Should it be determined, in tenant's sole opinion, that said
Permitted Materials are being improperly stored, used, or disposed of, then tenant shall
immediately take such corrective action as requested by Landlord. Should tenant fail to take such
corrective action within thirty (30) days, landlord shall immediately take such corrective action as
may be required. Should tenant fail to take such corrective action, tenant shall pay any and all cost
associated with said corrective action. lf at any time during or after the term of this lease, the
premises is found to be so contaminated as a result of tenant's sole negligence in connection with
the storing, using or disposing of Permitted Materials (Tenant's Contamination), tenant shall
diligently,instilute proper and thorough cleanup procedures, and to,the extent allowable, and
subject to the limitation on the tenant's liability, a set forth in Section 768.28, Florida Statutes,
tenant agrees to pay the costs associated with Tenant's Contamination. To the extent allowable,
and subject to the limitation on the tenant's liability, as set forth in Section 768.28, Florida Statutes,
tenaht:ragrees to indbmnify and hold landlord harmlesg'rff;om all claims, demand, actions, liabilities,
costs, eipenses, damage-s and obligations or any nature arising from or as a result of the use of
the ffimises by tenant. The foregoing indemnificatioll:,:and the responsibilities of tenant shall
surviverthe termination or expiration of this lease. Nothing contained in this Section Thirty-One
shall be construed as a waiver of sovereign immunity by tenant.
THIRTY-SECOND: ENTIRE, AGREEMENT: The foregoing constitutes the entire agreement
between the parties and fiay be mddifieO onty in writing signed by both parties. The following
Exhibits, if any, have been made part of:lhis leqse before the parties'execution
lN WITNESS WHEREOF, the parties have hereunto executed this instrument for ttlrs;r'purpose
herein expressed, the day and year above written.
Landlord:Witness:
By:
Tenant:Witness:
By:
By:
By:
By:
By:
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Exhibit "A"
BASELINE REPAIRS REQUIRED TO BE PERFORMED BY LANDLORD PRIOR TO LEASE
COMMENCEMENT
On or before the commencement date of the lease, landlord shal! perform the following
baseline repairs to the premises:
o Allev (North side) - Clean up all debris and add/repair security bars on the northwest corner of lot.o Fence - Eliminate center gate doors and replace with fencing and barb wire along the top.o Parking Area East side - Remove all debris/weeds/gravel. Remove section of l-beam that is uplifted
and bent.
o. lnterior,; $sgu.a all wihdows'udth,security bars/ replace broken and/or rnissihg glasiir:.'.'ri:ir ''.,,,,.,ir,:
lo Restrooms - Ensure that plumbing is working properly.
o Light fixtures - Ensure that all fixtures are working properly.
. flre Sprinklefi,,- En_surethat^sprinkler system is working properly. ,,,,.,,,,;,,..
e,, Air Conditioning - Ensure A.C. syStem is working properly.
o North tnterior wall - Patch/seal openings (vents) in the north masonry wall.
- Ensure that all outlets, switches and panels arrer:Wdikihg properly.
Kohn Commercial Real Estate
PO Box 331858
Miami, FL 33233-1858
D.305.794.6704
www. kohncommercia l,com
a
a
a
Exhaust Ceili|}* Fan - tnstall seculily bars and ensure fan is working properly.
,,,9vefteeltqgglsi?l - lnstall electric motors so that the doors can be opened automaticalb from
the outside, instead of manually.
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COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF
PROPOSALS, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2015.073.JR, FOR PLANS
REVIEW, INSPECTIONS AND PERMIT CLERK.
Key lntended Outcome Supported:
Streamline The of Services Ail
Supportinq Data Environmental etc: N/A
Item Sum mary/Recommendation :
On October 29,2014, the City Commission approved the isuance of Request for Qualifications (RFQ) No.
2015-073-JR, following the lndustry Review Meeting held by the Administration to assure RFQ requirements
were in accordance with lndustry Review Standard. On February 13,2015, the RFQ was issued. A voluntary
pre-proposal conference to provide information to the proposers submitting a response was held on February
24,2015. RFQ responses were due and received on March 25,2015. The City received a total of three (3)
proposals. The City received proposals from the following proposers; Bermello, Ajamil & Partners, CAP
Government and Eastern Engineering Group.
On March 26,2015, the City Manager, via Letter to Commission (LTC) No. 127-2015, appointed an
Evaluation Committee (the "Committee"), which convened on April 29, 2015 to consider proposals received
and interview the proposers. The Committee was provided an overviewof the project, information relative to
the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee also provided
general information on the scope of services, references and a copy of each proposal. The Committee
ranked the proposers in accordance with the RFQ Evaluation Criteria.
The City Manager has reviewed the proposals received, pursuant to RFQ 2015-073-JR for Plans Review,
lnspections and Permit Clerk Services, and the results of the Evaluation Committee process, as well as the
recommendation by the Administration that all three (3) proposers be considered in order to develop a pool
of firms who can provide Plans Review, lnspections and Permit Clerk Services. As such, the City Manager
recommends that the Mayor and City Commission of the City of Miami Beach, Florida, authorize the
Administration to enter into negotiations with C.A.P. Government, Bermello, Ajamil and Partners and Eastern
Engineering Group; and further authorize the Mayor and City Clerk to execute agreements upon completion
of successful negotiations by the Administration.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida
approve the resolution accepting the recommendation of the City Manager, pursuant to Request for
Qualifications (RFa) No. 2015-073-JR for Plans Review, lnspections and Permit Clerk Services.
ADOPT THE RESOLUTION
Advisory Board Recommendation:
N/A
Financial lnformation:
Source
of
Funds:
Amount Account
1 The annual cost associated with the procurement of plans review,
inspections and permit clerk services is subject to funds availability
aooroved throuoh the Citv's budoetino Drocess.
Tota!
Financial lmpact Summary:
City Clerk's Office Legislative Tracking:
Sign-Offs:
T:\AGENDA\201
Dep{gment Dirgctor Assistant Cily [f anager Citypanager
^D v/ MF#z'4t-v\(
I $ryJ JLryfI_
REMENflRFQ-2015-073-JR Plans Review - Summary.doc
AGENDA
'TEM
C1GMIAMIBEACHD,iiE 6-10-l{125
MIAMI BEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch. Florido 33139. www.miomibeochfl.gov
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACC THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO
REQUEST FOR QUALIFICATIONS NO. 2015.073.JR, FOR PLANS REVIEW,
INSPECTIONS AND PERMIT CLERK SERVICES.
ADM! NISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Streamline The Delivery of Services Through All Departments
FUNDING
The annual cost associated with the procurement of plans review, inspections and permit
clerk services is subject to funds availability approved through the City's budgeting process.
BACKGROUND
The City of Miami Beach Building Department requires supplemental services related to plans
review, inspections and permit clerk services through third-party contractors. The City currently
has a month-to-month contract, with several service contractors to provide these services. The
current providers are: CAP Government, M.T. Causley, Nova Engineering and Vertical
Assessment. These services are necessary to address the variable demand requirements in
the Building Department, and to be able to offer customers a high level of service.
The intent of this RFQ was to award a contract to a minimum of two (2) consultants to provide
these services for a term of three (3) years with two (2) one (1) year options to renew at the
discretion of the City Manager. One major change in the recently released RFQ is that
providers who also provide the same services to private contractors will be prohibited from
being award. The reason for this is that potential conflicts exist when a service provider acting
on behalf of the City in plans review, inspections and permit services is involved with private
contractors for whom the same service provider is also providing services.
RFQ PROCESS
On October 29,2014, the City Commission approved to issuance of Request for Qualifications
(RFO) No.2015-073-JR, following the lndustry Review Meeting. On February 13,2015, the
RFQ was issued. A voluntary pre-proposal conference to provide information to the proposers
submitting a response was held on February 24,2015. RFQ responses were due and received
on March 25,2015. The City received a total of three (3) proposals.
126
The City received proposals from the following proposers.
Bermello, Ajamil & Partners
CAP Government
Eastern Engineering Group
On March 26, 2015, the City Manager, via Letter to Commission (LTC) No. 127-2015,
appointed an Evaluation Committee (the "Committee"), consisting of the following individuals:
. Carlos Naumann Jr^, Assistant Director, Building Department, City of Miami Beacho Antonio Gonzalez, Building Operations Manager, Building Department, City of Miami
Beach. Mario Pina, Field Supervisor, Planning Department, City of Miami Beach
I am also considering the following individuals as alternates:
. lrela Ferrer, Financial Analyst, Building Department, City of Miami Beach. Steven Williams, Senior Planner, Planning Department, City of Miami Beach
The Committee convened on April 29, 2015 to consider proposals received and interview the
proposers. The Committee was provided an overview of the project, information relative to the
City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee also
provided general information on the scope of services, references, and a copy of each
proposal. Additionally, the Committee engaged in a question and answer session after the
presentation of each proposer. The Committee was instructed to score and rank each
proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process
resulted in the ranking of proposers as follow;
CITY MANAGER'S REVIEW & RECOMMENDATION
The City Manager has reviewed the proposals received, pursuant to RFQ 2015-073-JR for
Plans Review, lnspections and Permit Clerk Services, and the results of the Evaluation
Committee process, as well as the recommendation by the Administration that all three (3)
proposers be considered in order to develop a pool of firms who can provide Plans Review,
lnspections and Permit Clerk Services. As such, the City Manager recommends that the
Mayor and City Commission of the City of Miami Beach, Florida, authorize the Administration
to enter into negotiations with C.A.P. Government, Bermello, Ajamil and Partners and Eastern
Engineering Group; and further authorize the Mayor and City Clerk to execute agreements
upon completion of successful negotiations by the Administration.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida approve the resolution accepting the recommendation of the City Manager,
pursuant to Request for Qualifications (RFO) No. 2015-073-JR for Plans Review, lnspections
and Permit Clerk Services.
JLM/JJ/MF/AD
T:\AGENDA\201 5\June\PROCUREMENT\RFQ-2O1 5-073-JR Plans Review - Memo.doc
RFQ 201 s-073-JR
Plans Review, lnspection
& Permit Glerk
Irela
Ferrer Rank Carlos
Naumman Rank Steven
Williams Rank
Low
Aggregate
Total
Rank
Bermello. Aiamil & Partner 98.00 2 94.00 2 80.00 2 6 2
C.A.P. Government 99.00 1 98.00 1 9s.00 1 3 1
Eastem Enqineerinq Group 90.00 3 88.00 3 70.00 3 I 3
127
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS,
PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2015.073.JR, FOR
PLANS REV!EW, INSPECTIONS AND PERMIT CLERK SERVICES.
WHEREAS, Request for Qualifications No. 2015-073-JR (the RFQ) was issued on
February 13,2015, with an opening date of March 25,2015; and
WHEREAS, a voluntary pre-proposal meeting was held on Tuesday, February 24,2015;
and
WHEREAS, the City received a total of three (3) proposals; and
WHEREAS, on March 26,2015, the City Manager via Letter to Commission (LTC) No.
127-2015, appointed an Evaluation Committee (the "Committee"), consisting of the following
individuals:
. Carlos Naumann Jr., Assistant Director, Building Department, City of Miami Beacho Antonio Gonzalez, Building Operations Manager, Building Department, City of Miami
Beacho Mario Pina, Field Supervisor, Planning Department, City of Miami Beach
The following individuals were appointed as alternates:
. lrela Ferrer, Financial Analyst, Building Department, City of Miami Beacho Steven Williams, Senior Planner, Planning Department, City of Miami Beach
WHEREAS, the Committee convened on April 29, 2015 to consider the proposals
received; and
WHEREAS, the Committee was provided an overview of the project; information relative
to the City's Cone of Silence Ordinance and the Government Sunshine Law; general information
on the scope of services, references, and a copy of each proposal; and engaged in a question
and answer session after the presentation of each proposer; and
WHEREAS, the Committee was instructed to score and rank each proposal pursuant to
the evaluation criteria established in the RFQ; and
WHEREAS, the Committee's ranking was as follows: C.A.P. Government, lnc., top
ranked; Bermello, Ajamil & Partners, lnc., second highest ranked; and Eastern Engineering
Group Company, third highest ranked; and
WHEREAS, the City Manager has reviewed the proposals received, pursuant to RFQ
2015-073-JR for Plans Review, lnspections and Permit Clerk Services, and the results of the
Evaluation Committee process, and recommends that the Mayor and City Commission and
authorize the Administration to enter into negotiations with C.A.P. Government, lnc., Bermello,
Ajamil & Partners, lnc. and Eastern Engineering Group Company; and further authorize the
Mayor and City Clerk to execute an agreement upon completion of successful negotiations by
the Administration.
128
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE GITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager pertaining to the ranking
of proposals, pursuant to Request for Qualifications No. 2015-073-JR, for Plans Review,
lnspections and Permit Clerk Services for the Building Department (the "RFQ"); authorize the
Administration to enter into negotiations with C.A.P. Government, lnc., Bermello, Ajamil &
Partners, lnc. and Eastern Engineering Group Company; and further authorize the Mayor and
City Clerk to execute an agreement upon completion of successful negotiations by the
Administration.
PASSED AND ADOPTED this
---
day of 2015.
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Mayor
T:\AGENDAl2015Uune\PROCUREMENflRFQ-2015-073-JR Plans Review - Resolution.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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129
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130
Key lntended Outcome Supported:
Maximize the Miami Beach Brand
Data (Surveys, Environmental Scan, etc: N/A
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO
THE RANKING OF PROPOSALS PURSUANT TO REQUEST FOR QUALTFTCATTONS (RFO) NO.2015-
127.JR, FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE MIDDLE BEACH
RECREATIONAL CORRIDOR.
City Clerk's Office Legislative Tracking:
Sign-Offs:
Item Summary/Recommendation :
The Administration issued RFQ 2015-127-JR to seek the proposals from a qualified consultant to provide
architectural and engineering services for the Middle Beach Recreational Corridor Project. The RFQ was
approved for issuance by the City Commission on March 11,2015. The RFQ was released on March 20,
2015. A pre-proposal conference to provide information to the proposers submitting a response was held on
April 2, 2015. On Apri|22,2015, the City received proposals from: Calvin, Giordano & Associates, lnc., Chen
Moore and Associates, lnc., Coastal Systems lnternational, lnc. and Moffat & Nichol, lnc.
On April 22,2015, the City Manager, via Letter to Commission (LTC) No. 162-2015, appointed an Evaluation
Committee (the "Committee"), which convened on May 15,2015 to consider proposals received and
interview the proposers. The Committee was provided an overview of the project, information relative to the
City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee also provided general
information on the scope of services, references and a copy of each proposal. The Committee ranked the
proposers in accordance with the RFQ Evaluation Criteria.
After reviewing all the submissions and the results of the evaluation process, the City Manager recommends
that the Mayor and City Commission authorize the Administration to enter into negotiations with the top
ranked proposer, Calvin, Giordano & Associates, lnc. Should negotiations fail, the City Manager
recommends that the Administration be authorized to enter into negotiations with the second ranked
proposer, Coastal Systems lnternational, lnc. Should negotiations failwith the second ranked proposer, the
City Manager recommends that the Administration be authorized to enter into negotiations with the third
ranked proposer, Moffat & Nichol, lnc. Should negotiations fail with the third ranked proposer, the City
Manager recommends that the Administration be authorized to enter into negotiations with the fourth ranked
proposer, Chen Moore and Associates. Should negotiations fail with the fourth ranked proposer, the City
Manager recommends that the Administration be authorized to terminate negotiations and issue a new RFQ.
RECOMMENDATION
ADOPT THE RESOLUTION.
Advisory Board Recommendation :
Financial lnformation:
Source of
Funds:
Amount Account
1 The cost of the related services, determined upon successful
negotiations, are subject to funds availability approved through
the Citv's budoetino process.
OBPI
2
Total
Financial lmpact Summary:
T:\AGENDA\2015\June\PROCUREMENT\RFQ-2O15-127-JR Middle Beach Recreational Corridor - Summary.doc
E MIAMIBEACH AGENDA
'TEM
C-7 H
DAT; ?O{J-131
MIAMIBEACH
City of Miomi Beoch, l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of tlp City
FROM: Jimmy L. Morales, City Manag", --.\,
DATE: June 1 0,2015
SUBJECT: A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS PURSUANT TO
REQUEST FOR QUALTFTCATTONS (RFO) NO. 2015-127-JR, FOR
ARCHITECTURAL AND ENGINEERING SERVICES FOR THE MIDDLE BEACH
RECREATIONAL CORRI DOR.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Maximize the Miami Beach Brand
FUNDING
The cost of the related services, determined upon successful negotiations, are subject to funds
availability approved through the City's budgeting process.
BACKGROUND
The City of Miami Beach is interested in selecting a consultant to complete the demolition and
construction of the Middle Beach Recreation Corridor (MBRC) which includes a 15' wide paver
pathway and aesthetic landscape from 24 Street to 45 Street. The scope of the project
includes:
o Conceptual plans, diagrams, material guidelines, and illustrative details that
incorporate general elements and design direction.. Construction Designo Permittingo Owners Representative Services
The purpose of the Project is to create a multi-purpose public access corridor, within the
footprint of the existing wooden boardwalk, which extends along the western edge of the dune
immediately east of the oceanfront properties.
The corridor will interconnect area business districts, cultural/tourism centers, residential
neighborhoods, parking facilities, parks, schools and the beaches. The corridor will be
approximately 6,000 linear feet running in a north-south direction connecting 24 Street and 45
Street. lt should be noted that there are two segments along this stretch that will be
constructed by the upland property owner - 29 Street to 30 Street and 33 Street to 36 Street.
These two segments are not included in this scope of work.
132
Request For Qualifications (RFQ) No. 2015-127-JR, for Architectural and Engineering Services for the Middle
Beach Recreational Corridor.
June 10,2015
Page2
The corridor will be designed with a minimum width of 1S-feet on-grade path that provide
ocean views where the topography of the dune permits. The pathway will be constructed of
pavers with connections at street ends and other public access areas. The scope of work will
include dune restoration and enhancement as part of the project. The City's construction cost
budget for the Project is $12,570,000.
RFQ PROCESS
On March 11, 2015, the City Commission approved to issue the Request for Qualifications
(RFO) No. 2015-127-JR, Architectural and Engineering Services for the Middle Beach
Recreational Corridor Pro1ect. On March 20, 2015, the RFQ was issued. A voluntary pre-
proposal conference to provide information to the proposers submitting a response was held
on April 2, 2015. RFQ responses were due and received on April 22, 2015. The City received
a total of four (4) proposals.
The City received proposals from the following firms:
Calvin, Giordano & Associates, lnc.
Chen Moore and Associates, lnc.
Coastal Systems lnternational, lnc.
Moffat & Nichol, lnc.
On April 22,2015, the City Manager, via Letter to Commission (LTC) No. 162-2015, appointed
an Evaluation Committee (the "Committee"), consisting of the following individuals:
. Betsy Wheaton, Assistant Building Director, Building Department, City of Miami Beacho Rodney Knowles, Greenspace Division Director, Parks and Recreation Department,
City of Miami Beach. Ricardo Guzman, Senior Planner, Planning Department, City of Miami Beach
The City Manager also considered the following individuals as alternates:
o Flavia Tonioli, Environmental Specialist, Public Works Department, City of Miami
Beach. Margarita Wells, Environmental Resource Manager, Public Works Department, City of
Miami Beach. Mark Williams, Urban Forester, Public Works Department, City of Miami Beach
The Committee convened on May 15, 2015 to consider proposals received and interview the
proposers. The Committee was provided an overview of the project, information relative to the
City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee also
provided general information on the scope of services, references, and a copy of each
proposal. Additionally, the Committee engaged in a question and answer session after the
presentation of each proposer. The Committee was instructed to score and rank each
proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process
resulted in the ranking of proposers as indicated in the table below.
133
Request For Qualifications (RFQ) No. 2015-127-JR, for Architectural and Engineering Services for the Middle
Beach Recreational Corridor.
June 10,2015
Page 3
MANAGER'S DUE DILIGENCE & RECOMMENDATION
After reviewing all the submissions and the results of the evaluation process, the City Manager
recommends that the Mayor and City Commission authorize the Administration to enter into
negotiations with the top ranked proposer, Calvin, Giordano & Associates, lnc. Should
negotiations fail, the City Manager recommends that the Administration be authorized to enter
into negotiations with the second ranked proposer, Coastal Systems lnternational, lnc. Should
negotiations fail with the second ranked proposer, the City Manager recommends that the
Administration be authorized to enter into negotiations with the third ranked proposer, Moffat &
Nichol, lnc. Should negotiations fail with the third ranked proposer, the City Manager
recommends that the Administration be authorized to enter into negotiations with the fourth
ranked proposer, Chen Moore and Associates. Should negotiations fail with the fourth ranked
proposer, the City Manager recommends that the Administration be authorized to terminate
negotiations and issue a new RFQ.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the resolution
accepting the recommendation of the City Manager pertaining to the ranking of proposals,
pursuant to Request for Qualifications No. 2015-127-JR (the RFQ), for Architectural and
Engineering Services for the Middle Beach Recreational Corridor Project.
JLM/JMJ/MT/MF/EW/AD
T:\AGENDA\2015\June\PROCUREMENT\RFQ-201 5-127-JR Middle Beach Recreational Corridor - Memo.doc
RFQ 2015-127-JR
Architect & Engineering
Services for the Middle
Beach Recreational
Corridor
Betsy
Wheaton Rank Rodney
Knowles Rank Ricardo
Guzman Rank
Low
Aggregate
Total
Rank
Calvin, Giordano &
Associates 90.00 1 90.00 1 84.00 3 5 1
Chen Moore & Associates 85.00 4 82.00 4 88.00 2 10 4
Coastal Systems
lntemational 88.00 3 87.00 3 93.00 1 7 2
Moffat & Nichol 89.00 2 88.00 2 83.00 4 8 3
134
RESOLUTION NO.
A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS PURSUANT
TO REQUEST FOR QUALIFICATIONS (RFO) NO. 2015-127-JR, FOR
ARGHITECTURAL AND ENGINEERING SERVICES FOR THE MIDDLE
BEACH RECREATIONAL CORRI DOR.
WHEREAS, Request for Qualifications No. 2015-127-JR (the RFQ) was issued on
March 20,2015, with an opening date of April22,2015; and
WHEREAS, a voluntary pre-proposal meeting was held on April 2,2015; and
WHEREAS, the City received a total of four (4) proposals; and
WHEREAS, on February 22, 2015, the City Manager via Letter to Commission (LTC)
No. 162-2015, appointed an Evaluation Committee (the "Committee"), consisting of the following
individuals:
. Betsy Wheaton, Assistant Building Director, Building Department, City of Miami Beacho Rodney Knowles, Greenspace Division Director, Parks and Recreation Department, City
of Miami Beacho Ricardo Guzman, Senior Planner, Planning Department, City of Miami Beach
The City Manager also considered the following individuals as alternates:
o Flavia Tonioli, Environmental Specialist, Public Works Department, City of Miami Beach
o Margarita Wells, Environmental Resource Manager, Public Works Department, City of
Miami Beach. Mark Williams, Urban Forester, Public Works Department, City of Miami Beach
WHEREAS, the Committee convened on May 15, 2015 to consider the proposals
received; and
WHEREAS, the Committee was provided an overview of the project; information relative
to the City's Cone of Silence Ordinance and the Government Sunshine Law; general information
on the scope of services, references, and a copy of each proposal; and engaged in a question
and answer session after the presentation of each proposer; and
WHEREAS, the Committee was instructed to score and rank each proposal pursuant to
the evaluation criteria established in the RFQ; and
WHEREAS, the Committee's ranking was as follows: Calvin, Giordano and Associates,
lnc., top-ranked, Coastal Systems lnternational, lnc., second highest ranked; Moffat & Nichol,
lnc., third highest ranked; Chen Moore and Associates, lnc., fourth highest ranked; and
WHEREAS, after reviewing all the submissions and the Evaluation Committee's
rankings, the City Manager exercised his due diligence and recommends that the Administration
be authorized to enter into negotiations with Calvin, Giordano & Associates, lnc.; and should
negotiations with Calvin, Giordano & Associates, lnc. be unsuccessful, the City Manager
recommends that the Administration be authorized to enter into negotiations with Coastal
Systems lnternational, lnc.; and should negotiations with Coastal Systems lnternational, lnc.,
135
be unsuccessful, the City Manager recommends that the Administration be authorized to enter
into negotiations with Moffat & Nichol, lnc.; and should negotiations with Moffat & Nichol, lnc. be
unsuccessful, the City Manager recommends that the Administration be authorized to enter into
negotiations with Chen Moore and Associates, lnc.; and should negotiations with Chen Moore,
and Associates, lnc. be unsuccessful, the City Manager recommends that the Administration be
authorized to issue a new RFQ.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept
the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to
Request for Qualifications No. 2015-127-JR (the RFQ), for Architectural and Engineering
Services for the Middle Beach Recreational Corridor Project; authorize the Administration to
enter into negotiations with Calvin, Giordano & Associates, lnc.; and should the Administration
not be successful in negotiating an agreement with Calvin, Giordano & Associates, lnc.,
authorize the Administration to enter into negotiations with Coastal Systems lnternational, lnc.;
and should the Administration not be successful in negotiating an agreement with Coastal
Systems lnternational, lnc., authorize the Administration to enter into negotiations with Moffat &
Nichol, lnc.; and should the Administration not be successful in negotiating an agreement with
Moffat & Nichol, lnc., authorize the Administration to enter into negotiations with Chen, Moore,
and Associates, lnc.; should the Administration not be successful in negotiating an agreement
with Chen, Moore, and Associates, lnc., authorize the Administration to issue a new RFQ; and
further authorize the Mayor and City Clerk to execute an agreement upon conclusion of
successful negotiations by the Administration.
PASSED AND ADOPTED this _ day of
ATTEST:
2015.
Rafael E. Granado, City Clerk Philip Levine, Mayor
T:\AGENDA\2015Uune\PROCUREMENT\RFQ-2015-127-JR Middle Beach Recreational Corridor - Resolution.doc
,8[R[3HR8ilB'
& FOR EXECUTION
5/.lL{
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136
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The MayorAnd City Commission Of The City Of Miami Beach, Florida, Accepting
The Recommendation Of The City Manager Pursuant To lnvitation To Negotiate (lTN) No. 2015'
081-LR For lnvestment Advisorv Services.
Intended Outcome
Ensure re trends are sustainable over the lonq term
Data (Survevs. EnvironmentalScan. etc: N/A
Item Summarv/Recommendation :
On November 19, 2014, the City Commission authorized the issuance of an lnvitation to Negotiate
(lTN) for lnvestment Advisory Services. The Administration issued ITN 2015-081-LR to seek
proposals from parties interested in providing the City with non-discretionary investment advisory
services to make recommendations for the City's investments in accordance with the City's
investment policy. The ITN was released on February 20,2015. A pre-proposal conference to
provide information to the proposers submitting a response was held on March 2,2015. On March
19,2015, the City received proposals from: Chandler Asset Management, lnc.; Davidson Fixed
lncome Management, lnc.; First Southwest Asset Management, LLC; PFM Asset Management
LLC; and Public Trust Advisors, LLC.
On May 22,2015, the Evaluation Committee appointed by the City Manager convened to consider
the responsive proposals received. The Committee was instructed to score and rank the proposals
received pursuant to the evaluation criteria established in the lTN. The results of the evaluation
committee process were presented to the City Manager for his recommendation to the City
Commission.
After reviewing the submission and the Evaluation Committee's rankings of proposals received, the
City Manager recommends that the Mayor and the City Commission, pursuant to lnvitation to
Negotiate (lTN) No. 201 5-081-LR, for lnvestment Advisory Services, authorize the Administration
to enter into negotiations with the top ranked proposer, Public Trust Advisors, LLC. ln the event
that the Administration is unable to negotiate a mutually agreeable agreement with Public Trust
Advisors, LLC, the City Manager recommends that the Mayor and City Commission authorize the
Administration to negotiate with other firms, in order of rank. Further, the City Manager
recommends the Mayor and City Clerk be authorized to execute an Agreement upon conclusion of
successfu I negotiations by the Ad min istration.
RECOMMENDATION
ADOPT THE RESOLUTION.
Financial lnformation :
Source of
Funds:
Amount Account
1 NA
2
OBPI
3
Tota!
Financial lmpact Summary: The fees for the lnvestment Advisors are an offset of the interest
earninqs on the investments.
Alex Denis, Extension 6641
AGEFNDA ITEIVI " ,*& MTAAAIBTACH DATE137
g MIAMIBEACH
€ity of Miomi Beoch, lZOO Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISS MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
DATE: June 10,2015
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AC NG THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF THE PROPOSALS RECEIVED,
PURSUANT TO INVITAT|ON TO NEGOTTATE NO. 2015-081-LR (THE !TN), FOR
INVESTMENT ADVISORY SERVICES; AND FURTHER AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION
OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
ADM!NISTRATION RECOMM EN DATION
Adopt the Resolution.
FUNDING
The fees for the lnvestment Advisors are an offset of the interest earnings on the
investments. Below are the funds that the fees are charged to. The object codes is xxx-8000-
361110
General Fund: 011
General Obligation Bonds Funds: 38213831384
Storm Water Series 2011 Bond Fund: 431
Water & Sewer Bonds Series 2QO0: 424
Water & Sewer Bonds Series 20Q6: 423
Water & Sewer Bonds Series 2009: 420
Parking Bonds Series 2010: 486
South Pointe Fund: 379
RDA City Center Fund: 365
BACKGROUND
The City requires the services of an investment advisor to manage and recommend the City's
investments. The investment advisor is to provide advice on the investment of excess funds
in accordance with the City's investment objectives as set forth in City of Miami Beach's
lnvestment Policy. The key objectives of the City's investment policy are safety of capital,
sufficient liquidity to meet requirements and attaining market-average rates of return. Excess
funds are defined as funds not required to meeting short term expenditures of the City.
Currently, funds available for investment consist of approximately $522 million which include:
$346 million from operating funds, $103 million from various bond proceeds, and $73 million
from the Miami Beach Redevelopment Agency (RDA).
TO:
FROM:
the City
138
Commission Memorandum - ITN 2015-081-LR lnvestmentAdvisory Services
June 10,2015
Page2
The City expects its investment advisor to be highly experienced, a leader and innovator in
the management of investments, and able to provide comprehensive investment advisory
services. ihe firm selected as the investment advisor and its affiliates will be restricted from
selling to the City, or buying from the City, any securities to or from that firm's own inventory
or aclount. The investmen]t advisor will also'be restricted from placing into the City's portfolio
any securities for which it, or an affiliate, is the issuer. Investment advisors will not provide
custodial services or s"cuiity safekeeping. All City investments, except for swap agreements
must be held in an independent custodial account.
RFP PROCESS
On November 1g, 2014, the City Commission authorized the issuance of an lnvitation to
Negotiate (lTN) for lnvestment Advisory Services. The.Administration issued ITN 2015-08't-
LR to seek proposals from parties inierested in providing the City with non-discretionary
investment advisory services to make recommendations for the City's investments in
accordance with thoCity's investment policy. The ITN was released on February 20,2015' A
pre-proposal conference to provide information to the proposers submitting a response was
held'on'March 2,2015. On March 19,2015, the City received proposals from: Chandler Asset
Management, lnc.; Davidson Fixed lncome Management, lnc., First Southwest Asset
Manaiement, t-t-C; PFM Asset Management LLC; and Public Trust Advisors, LLC'
On April 14,2015, the City Manager appointed an Evaluation Committee (the "Committee")
consisting of the following individuals:
. Jim Goldsmith, Resident. Sanford Horowitz, Certified Public Accountant
. Julie Santamaria, RBC Capital Markets, FinancialAdvisor
. Allison Williams, City of Miami Beach, Chief Accountant
. John Woodruff, City of Miami Beach, Office of Budget and Performance lnitiatives
The Committee convened on May 22,2015 to consider the proposals received. Due to
scheduled vacation, Mr. Sanford Horowitz was unable to attend. The Committee was provided
an overview of the project, information relative to the City's Cone of Silence Ordinance and the
Government in the Sunshine Law. The Committee was also provided general information on
the scope of services, references, and a copy of each proposal. The Committee was
instructed to score and rank the proposal pursuant to the evaluation criteria established in the
ITN.
The evaluation process resulted in the following:
139
ITN 201 5.O8I.LR INVESTMENT ADVISORT
SERVICES
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lhandler As set Managefirsnt
72 4 72 4 76 4 72 5 17 4
Davidson Fixed hcone Managenent, lnc.
69 5 54 5 75 5 74 3 18 5
FirstSouthw est Asset Managenrent
83 3 75 3 79 3 73 4 13 3
PFM Asset l\ilanagenent, LLC
84 2 82 2 81 2 87 2 I 2
fublic Trusl Advisors, LLC
98 ,t 100 95 1 s5 1 4 1
Commission Memorandum - ITN 2015-081-LR lnvestmentAdvisory Services
June 10,2015
Page 3
A brief summary of the firms and their proposal is provided below for informational purposes.
The Public Trust Advisors, LLC (Public Trust) was established in 2011, but its team has a
long history of service to the City of Miami Beach as investment advisors and fiduciary for the
City's investment program from 2003 to 2012. Public Trust currently manages more than $9.3
billion in short term funds for more than 1,500 participants within their local government
investment pools and several separately managed accounts. Public Trust is an independent
manager registered with the Securities and Exchange Commission. Public Trust does not
receive any economic benefit, directly or indirectly from any third party for advice rendered to
its clients.
ln addition to reducing the fees (basis points per thousand) compared to the City's prior
contract, Public Trust Advisors, LLC, has proposed to pay the City's custodial charges, as well
as the cost of all arbitrage audits. Based on the City's current amount of investments, this will
save the City in excess of $100,000. As the amount of the City's portfolio grows, with
significant financing for the Convention Center, the costs for the custody services and
arbitrage audits will also grow and be paid by Public Trust Advisors, LLC.
MANAGER'S DUE DILIGENCE & RECOMMENDATION
After ra/tewng the submission and the Evaluation Committee's rankings of proposals
received, the City Manager recommends that the Mayor and the City Commission, pursuant to
lnvitation to Negotiate (lTN) No. 2015-081-LR, for lnvestment Advisory Services, authorize the
Administration to enter into negotiations with the top ranked proposer, Public Trust Advisors,
LLC. ln the event that the Administration is unable to negotiate a mutually agreeable
agreement with Public Trust Advisors, LLC, the City Manager recommends that the Mayor and
City Commission authorize the Administration to negotiate with other firms, in order of rank.
Further, the City Manager recommends the Mayor and City Clerk be authorized to execute an
Agreement upon conclusion of successful negotiations by the Administration.
140
Commission Memorandum - ITN 2015-081-LR lnvestment Advisory Services
June 10,2015
Page 4
CONCLUSION
f6e nOministration recommends that the Mayor and the City Commission, approve the
resolution accepting the recommendation of the City Manager, pursuant to lnvitation to
Negotiate (lTN) No. 2015-081-LR, for lnvestment Advisory services.
JLM/MT/PDW/AD
T:\AGENDA\2015\June 1O\ProcuremenNITN 2015-081-LR lnvostment Advisory Seruicos - Memo doc
141
RESOLUTION TO BE SUBMITTED
142
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE
RANKTNG OF PROPOSALS PURSUANT TO REQUEST FOR PROPOSALS (RFp) NO. 2014-346-YG,
FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED
CATEGORIES ON AN AS-NEEDED-BASIS, FOR THE DISCIPLINES OF LANDSCAPE
ARCHITECTURE, GENERAL ARCHITECTURE, TOWN PLANNING ARCHITECTURE, HISTORICAL
PRESERVATION ARCHITECTURE, CIVIL ENGINEERING, LAND SURVEYING, AND MECHANICAL,
ELECTRICAL, AND PLUMBING ENGINEERING.
Streamline The Del Of Services All Departments
Data (S Environmental Scan, etc: N/A
Item Summ
The Administration issued RFQ 2014-346-YG to seek the proposals from consultants to provide
Architectural and Engineering Services in Specialized Categories On An As-Needed-Basis, for projects
in which construction costs do not exceed $2 Million or for study activities for which the fee does not
exceed $200,000. The RFQ was approved for issuance by the City Commission on September 17,
2014. \he RFQ was released on September 18, 2014. A pre-proposal conference to provide information
to the proposers submitting a response was held on October 1,2014. An additional pre-proposal
conference was also held on October 13, 2014. On December 2, 2014, the City received proposals from
fifty-one (51) firms.
Because of the magnitude of the scope of the RFQ, including all the service categories requested, the
Administration has evaluated and has herein made recommendations for award by category group. On
February 26,2015, March 19,2015, March 31,2015, and April 8, 2015, the Evaluation Committees
appointed by the City Manager via LTC # 054-2015 convened to evaluate Groups 1,2,3, and 4,
respectively, The Committees were instructed to score and rank the proposals received pursuant to the
evaluation criteria established in the RFQ. The results of the evaluation committee process were
presented to the City Manager for his recommendation to the City Commission. Because of the large
number of response for certain disciplines and the projected volume of work, staff is recommending that
no more than five (5) firms be awarded in each category. This agenda item addresses only an award
recommendation for the following disciplines: Landscape Architecture, General Architecture, Town
Planning Architecture, Historical Preservation Architecture, Civil Engineering, Land Surveying, and
Mechanical, Electrical, and Plumbing Engineering. The proposals received under the discipline of
Planning and Urban Design Architecture, Environmental Engineering, lnterior Design and Space
Planning Architecture, and Structural Engineering are still being reviewed. Once the review of the
proposals received under the aforementioned disciplines is complete, an agenda item will be prepared
and presented at the next available City Commission meeting.
After reviewing the submission and the Evaluation Committee's rankings of proposals received, the City
Manager recommends that the Mayor and the City Commission, pursuant to RFQ No. 2014-346-YG, for
Architectural and Engineering Services in Specialized Categories On An-Needed-Basis, authorize the
Administration to enter into negotiations with the Proposers recommended for each discipline as noted
beginning on page 6 of the attached memcrandum. ln the event that the A.dministration is unable to
negotiate a mutually agreeable with any of the recommended firms, the City Manager recommends that
the Mayor and City Commission authorize the Administration to negotiate with other ranked firms, in
order of rank, in each category. Further, the City Manager recommends the Mayor and City Clerk be
authorized to execute an Agreement upon conclusion of successful negotiations by the Administration.
: ADOPT THE RESOLUTION.
Advisorv Board Recommendation:
Financial lnformation :
Source of
Funds:
OBPI
Amount Account
1 The cost of the related services, determined upon
successful negotiations, are subject to funds availability
approved throuqh the Citv's budqetinq process.
City Clerk's Office Legislative Tracking: Alex Denis, Extension 6641
n-Offs:
pepartment Director rssiffaff{p\y Manaser City M rager
AUW ECTLDM-MT\!T!JLM AT_
yl_
15\June\PROCUREMENn2014-346-YG RFQ - Professional Architectural and Engineering Services -
AGENDA
d(
I c7T
EArG 6-tO-t9# AAIAAAIBTACH 143
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 331 39,
C@MMISS
Mayor Philip Levine and Members ol
Jimmy L. Morales, City Manager
DATE: June 10,2015
SUBJECT: A RESOLUTION OF THE MAYOR IAND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTTNG THE REGOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS PURSUANT TO
REQUEST FOR PROPOSALS (RFP) NO. 2014-346-YG, FOR PROFESSTONAL
ARCHITEGTURAL AND ENGINEERING SERVICES IN SPEGIALIZED
CATEGORIES ON AN AS.NEEDED.BAS!S, FOR THE DISCIPLINES OF
LANDSCAPE ARCHITECTURE, GENERAL ARCHITECTURE, TOWN PLANNING
ARCHITECTURE, H!STORICAL PRESERVATION ARCHITECTURE, CIUL
ENGINEERING, LAND SURVEYING, AND MECHANICAL, ELECTRICAL, AND
PLUMBING ENGINEER!NG.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Streamline The Delivery Of Services Through All Departments
BACKGROUND
Since June 9, 2010, the City has had contracts pursuant to Request for Qualifications (RFO)
01-09/10 with various firms for professional architectural and engineering services in
specialized categories on an "as-needed-basis". This contract provides access to architecture
and engineering (A & E) firms in accordance with the requirements of the State of Florida,
Consultant's Competitive Negotiation Act (CCNA). At its September 11, 2013 meeting, the
Mayor and City Commission approved the recommendation of the Administration to exercise
the last option for renewal of one (1) year, which extended the contract until September 29,
2014.
Resolution 2014-28743, passed and adopted September 17,2014, authorized the issuance of
a new RFQ for professional architectural and engineering services in specialized categories on
an "as-needed-basis". This resolution further authorized the Mayor and City Clerk to execute
Amendment No. 1 to the Contracts executed pursuant to RFQ 01-09/10 to authorize month-to-
month extensions until such time as a new RFQ process was completed and new contracts
were executed.
RFQ PROCESS
On September 17,2014, the City Commission approved the issuance of Request for
Qualifications (RFO) No. 2014-346-YG for Professional Architectural and Engineering
Services in Specialized Categories On An "As-Needed-Basis". On September 18, 2014, the
RFQ was issued. A pre-proposal conference to provide information to the proposers
submitting a response was held on October 1, 2014. An additional pre-proposal conference
was also held on October 13,2014. RFQ responses were due and received on December 2,
2014.
www. miomibeochfl.gov
MEMORANDUM
SSIONTO:
FROM:
144
Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the
Ranking of Proposals pursuant to Request For Proposals (RFP) No. 2014-346-YG, for Professional
Architectural and Engineering Services ln Specialized Categories On An As-Needed-Basis.
June 10, 2015
Page 2
The City received proposals in response to the RFQ from the following fifty-one (51) firms:
AECOM Technical Services Marlin Engineering
Barmello Ajamil & Partners, lnc. McHarry Associates
BCC Engineering, lnc. Miller Legg
BEA Architects MSA (Milian, Swain & Associates, lnc.)
Bender & Associates Architects Pure Engineering Services
Biscayne Engineering Company, lnc. R.J. Behar & Company, lnc.
Brindley Pieters & Associates RAI
CB&l Environmenatal & infrastructure Reines & Straz
CES Consultants, lnc. RGD
Chen Moore and Associates RJ Heisenbottle
CIMA RobaYna and Associates
Coastal Systems lnternational, lnc. Ross Engineering
CPH, lnc. SBLM Architecs
Craven Thompson and Associates Schwebke - Shiskin & Associates, lnc.
Cummins Cederberg, lnc. Stanley Consultants
Douglas Wood Stantec
EAC Consulting, lnc. The Corradino Group
ELA Architects Thorton Tomasetti
E-Sciences TLC Engineering
GFA lnternational, lnc. Triangle Surveying Map
Glavovic Studio URS CorPoration
HAKS Wade Trim
Keith and Schnars, P.A. William B Medellin Architect P.A.
Kimley Horn Wolfberg Alvarez and Partners
Kobi Karp ZYscovich Architects
Lockwood, Andrews & Newman, lnc.
On February 5,2015, the City Manager appointed the Evaluation Committee via LTC # 054-
2015, which included evaluation committee members for each category group. The Evaluation
Committee (the "Committee") for these groups consisted of the following individuals:
GROUP 1 - LANDSCAPE ARCHITECTURE, PLANNING AND URBAN DESIGN
ARCHITECTURE, AND ENVIRONMENTAL ENGINEERING
. Margarita Wells, Environment and Sustainability Specialist, Building Department, City
of Miami Beach
o Rogelio Madan, Principal Planner, Planning Department, City of Miami Beach
. Humberto Cabanas, Division Director, ClP, City of Miami Beach
GROUP 2 _ GENERAL ARCHITECTURE, INTERIOR DESIGN/SPACE PLANNING
ARCHITECTURE, TOWN PLANNING ARCHITECTURE, AND HISTORICAL
PRESERVATI ON ARCH ITECTU RE
o Deborah Tackett, Preservation and Design Manager, Planning Department, City of
Miami Beach
o Rogelio Madan, Principal Planner, Planning Department, City of Miami Beach
o Valeria Mejia, ADA Coordinator, Property Management, City of Miami Beach
145
Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the
Ranking of Proposals pursuant to Request For Proposals (RFP) No. 2014-346-YG, for Professional
Architectural and Engineering Services ln Specialized Categories On An As-Needed-Basis.
June 1 0,2015
Page 3
GROUP 3 _ CIVIL ENGINEERING, LAND SURVEYING SERVICES
. Brian Bellino, City Surveyor, Public Works, City of Miami Beach
o Jose Perez, Capital Projects Coordinator, ClP, City of Miami Beach
. Jose Rivas, Civil Engineer lll, Public Works, City of Miami Beach
GROUP 4 - MECHANICAL, ELECTRICAL, AND PLUMBING ENGINEERING, AND
STRUCTURAL ENG INEERING
. Sabrina Baglieri, Sr. Capital Projects Coordinator, ClP, City of Miami Beach
. Oniel Toledo, Construction Manager, Public Works, City of Miami Beach
o Jose Perez, Capital Projects Coordinator, ClP, City of Miami Beach
Because of the magnitude of the scope of the RFQ, including all the service categories
requested, the Administration has evaluated and has herein made recommendations for award
by category group.
For Group 1, the Committee convened on February 26,2015 to consider proposals received
for Landscape Architecture, Planning and Urban Design Architecture, and Environmental
Engineering. The Committee was provided an overview of the project, information relative to
the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was
also provided general information on the scope of services, references, and a copy of each
proposal. The Committee was instructed to score and rank each proposal pursuant to the
evaluation criteria established in the RFQ. The evaluation process for Group 1 resulted in the
ranking of proposers as indicated below. The proposals received under the discipline of
Planning and Urban Design Architecture and Environmental Engineering (Group 1) are still
being reviewed by the Procurement Department to ensure compliance with the requirements
of the RFQ. Once the review of the proposals is complete, an agenda item will be prepared
and presented at the next available City Commission meeting.
LANDSCAPE ARCH ITECTU RE
Margarita
Rankino
Rogelio
P2nki
Humberto
tt
LOW
AGGREGATE
T6TAI q
KEITH AND SCHNARS.
P,A 93 95 1 2 4
AECOM TECHNICAL
eEa\/taEq tNa 7A 3 90 2 87 o 2
KIMLEY.HORN AND
ASSOCIATES. INC.a1 78 3 7 3
CRAVEN, THOMPSON &
ASSC)CIATES INC.76 4 61 4 14 4
MILLER LEGG &
ASSOCIATES. INC-74 5 77 '15 5
]HEN MOORE AND
ASSOCIATES INC.70 6 6q 4 70 6 16 6
146
Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the
Ranking of Proposals pursuant to Request For Proposals (RFP) No. 2014-346-YG, for Professional
Architectural and Engineering Services ln Specialized Categories On An As-Needed-Basis.
June 10,2015
Page 4
For Group 2, the Committee convened on March 19,2015 to consider proposals received for
General Architecture, lnterior Design and Space Planning Architecture, Town Planning
Architecture, and Historical Preservation Architecture. The Committee was provided an
overview of the project, information relative to the City's Cone of Silence Ordinance and the
Government Sunshine Law. The Committee was also provided general information on the
scope of services, references, and a copy of each proposal. The Committee was instructed to
score and rank each proposal pursuant to the evaluation criteria established in the RFQ. The
evaluation process for Group 2 resulted in the ranking of proposers as indicated below. The
proposals received under the discipline of lnterior Design and Space Planning (Group 2) are
still being reviewed by the Procurement Department to ensure compliance with the
requirements of the RFQ. Once the review of the proposals is complete, an agenda item will
be prepared and presented at the next available City Commission meeting.
GENERAL ARCHITECTURE
Deborah
Taokelt Rankino
Rogelio
P2nkinr
Valeria
Rankinn
LOW
AGGREGATE
T6TAI S ElinL
(OBI KARP ARCHITECTURE &
NTERIOR DESIGN INC 95 1 92 90 4 8
3LAVOVIC STUDIO. INC.88 a 85 a qg '12 2
iI.C. HARRY & ASSOCIATES,
NC.94 Aq 7 q3 3 '12 2
}TANTEC CONSULTING
IFRVI(:FS INC A7 4 95 a6 7 12 2
]bAARCHI ITL;IS- INC.85 6 90 6 95 2 14 5
]ERMELLO AJAMIL &
)ARTNERS INC-a4 7 92 3 88 15 6
:DWARD LEWIS ARCHITECTS,
NC 80 10 93 2 88 17 7
trOLFBERG ALVAREZ AND
)ARTNERS. INC.84 7 9'r 5 80 I 20 a
R. J. HEISENBOTTLE
\RCHITECTS. P.A.4 7A 9 75 10 I
iBIMAR(:HITFCS P(]g4 7 74 1'l 80 8 26 10
71 11 bv 75 10 a4
]PH, INC 57 17 75 10 55 '13 35 12
IAKS ENGINEERS, ARCHITECTS
\ND LAND SURVEYORS. P.C.57 70 12 55 4 3A 1?
:IMA FNGINFFRING CORP 14 66 14 70 12 40 14
TOWN PLANN!NG ARCHITECTURE
Deborah
Tr.kaft Rankino
Rogelio
hIada n Rankino
Valeria
M6ii.Rankino
LOW
AGGREGATE
TOTAI S Rank
ZYSCOVICH. INC.97 1 84 100 1 3 1
THE CORRADINO GROUP 75 2 76 2 OJ 2 o 2
HISTORIGAL PRESERVATION ARCHITECTURE
l::::l::::@qrtr:ZgW;",r iPJ'eGittrild{iari."ffi,l
. ;a,.di;i{it*rdhiit';ir*,+l',
ltirtiBffi'f"s##lffi-ffi{,W4nrili4L #ffiffiffi}3 Deborah Rogelio
LOW
AGGREGATE
Rank
i. J. HEISENBOTTLE
\RCHITECTS P A 100 1 99 'l 90 1
WILLIAM B MEDELLIN
2 qo 1 6 2
)OUGLAS WOOD
\ssoctaTFs tre 2 91 3 4
BENDER & ASSOCIATES
ARCHITECTS
3 11 4
147
Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the
Ranking of Proposals pursuant to Request For Proposals (RFP) No. 2014-346-YG, for Professional
Architectural and Engineering Services In Specialized Categories On An As-Needed-Basis.
June 10,2015
Page 5
For Group 3, the Committee convened on March 31, 2015 to consider proposals received for
Civil Engineering and Land Surveying. The Committee was provided an overview of the
project, information relative to the City's Cone of Silence Ordinance and the Government
Sunshine Law. The Committee was also provided general information on the scope of
services, references, and a copy of each proposal. The Committee was instructed to score
and rank each proposal pursuant to the evaluation criteria established in the RFQ. The
evaluation process for Group 3 resulted in the ranking of proposers as indicated below.
CIVIL ENGINEERING
CONSULTING SERVICES,
-HORN AND ASSOCIATES, INC.
Y PIETERS & ASSOCIATES,
MOORE AND ASSOCIATES, INC.
TAL SYSTEIIIS INTERNATIOML,
, ANDREWS & NEWMAN,
MILLER LEGG & ASSOCIATES- INC.
BISCAYNE ENGiNEERiNG COIVPANY,
INC.
LAND SURVEYING
Bria n
Ranl
Jose A.
Rankino
Pedro
Fuentes Rankino
i.1.
=.;
:F-:LOW
AGGREGATE
Tr)TAI S Rank
SCHWEBKE - SHISKIN &
ASSOCIATES. INC,tnn q6 1 ao 4
MAPPING INC 9't 2 93 2 77 4 8 )
KFITH AND SCHNARS P A a7 a3 7 83
BISCAYNE ENGINEERING
COMPANY. INC.83 7 R7 79 13 4
CRAVEN THOMPSON AND
AqqONIATtrQ INN a6 4 a4 69 15 5
RORAYNA ANT] ASSOCIATFS a5 5 85 5 6A 16 6
MARLIN ENGINEERING. INC.A4 6 a6 4 63 a 1u 7
CB&I ET.IVIRONMENATAL &
INIFPAQTPI I'TI IPF 75 I 8 7 24 R
MILLER LEGG & ASSOCIATES,
a 75 q 60 I 26 9
148
Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the
Ranking of Proposals pursuant to Request For Proposals (RFP) No. 2014-346-YG, for Professional
Architectural and Engineering Services ln Specialized Categories On An As-Needed-Basis.
June 10, 2015
Page 6
For Group 4, the Committee convened on April 8, 2015 to consider proposals received for
Structural Engineering and Mechanical, Electrical, and Plumbing Engineering. The Committee
was provided an overview of the project, information relative to the City's Cone of Silence
Ordinance and the Government Sunshine Law. The Committee was also provided general
information on the scope of services, references, and a copy of each proposal. The
Committee was instructed to score and rank each proposal pursuant to the evaluation criteria
established in the RFQ. The evaluation process for Group 4 resulted in the ranking of
proposers as indicated below. The proposals received under the discipline of Structural
Engineering (Group 4) are still being reviewed by the Procurement Department to ensure
compliance with the requirements of the RFQ. Once the review of the proposals is complete,
an agenda item will be prepared and presented at the next available City Commission
meeting.
M ECHAN ICAL, ELECTRICAL AND PLUMBING
Because of the large number of response for certain disciplines and the projected volume of
work, staff is recommending that no more than five (5) firms be awarded in each category.
This agenda item addresses only an award recommendation for the following disciplines:
Landscape Architecture, General Architecture, Town Planning Architecture, Historical
Preservation Architecture, Civil Engineering, Land Surveying, and Mechanical, Electrical, and
Plumbing Engineering. The proposals received under the discipline of Planning and Urban
Design Architecture, Environmental Engineering, lnterior Design and Space Planning
Architecture, and Structural Engineering are still being reviewed by the Procurement
Department to ensure compliance with the requirements of the RFQ. Once the review of the
proposals received under the aforementioned disciplines is complete, an agenda item will be
prepared and presented at the next available City Commission meeting.
MANAGER'S DUE DILIGENCE & RECOMMENDATION
After reviewing all the submissions and the results of the evaluation process, the City Manager
recommends that the Administration be authorized to enter into negotiations as follows:
Keith and Schnars, P.A., AECOM Technical Services, lnc., Kimley-Horn and
Associates, lnc., Craven, Thompson & Associates, lnc., and Miller Legg & Associates,
lnc., for the discipline of Landscape Architecture.
Kobi Karp Architecture & lnterior Design, lnc., Glavovic Studio, Inc., M.C. Harry &
Associates, lnc., Stantec Consulting Services, lnc., BEA Architects, lnc., for the
discipline of General Architecture.
Zyscovich, lnc., and The Corradino Group, lnc., for the discipline of Town Planning
Architecture.
Engineering for Architecture,
149
Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the
Ranking of Proposals pursuant to Request For Proposals (RFP) No. 2014-346-YG, for Professional
Architectural and Engineering Services ln Specialized Categories On An As-Needed-Basis.
June 10,2015
Page 7
R. J. Heisenbottle Architects, P.A., William B Medellin Architect P.A., Douglas Wood
Associates, lnc., Bender & Associates Architects, P.A., for the discipline of Historical
Preservation Arch itecture.
Wade Trim, lnc., Stantec Consulting Services, lnc., Kimley-Horn and Associates, lnc.,
PURE Engineering Services, lnc., and Schwebke - Shiskin & Associates, Inc., for the
discipline of Civil Engineering.
Schwebke - Shiskin & Associates, lnc., Triangle Surveying and Mapping, lnc., Keith
and Schnars, P.A., Biscayne Engineering Company, lnc., and Craven Thompson and
Associates, lnc., for the discipline of Land Surveying.
TLC Engineering For Architecture, lnc., Wolfberg Alvarez & Partners, lnc., and RGD
Associates, lnc. d/b/a RGD Consulting Engineers for the discipline of Mechanical,
Electrical, and Plumbing Engineering.
ln the event that the Administration is unable to negotiate a mutually agreeable with any of the
recommended firms, the City Manager recommends that the Mayor and City Commission
authorize the Administration to negotiate with other ranked firms, in order of rank, in each
category. The City Manager further recommends that the Mayor and City Clerk be authorized
to execute an agreement upon conclusion of successful negotiations by the Administration.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of
proposals pursuant to Request for Proposals (RFP) 2014-346-YG for Professional
Architectural and Engineering Services in Specialized, on an as needed basis.
JLM/MT/AD/YG
T:\AGENDA\2015\June\PROCUREMENT\2014-346-YG RFQ - Professional Architectural and Engineering Services - Memo (Revised 6.2.2015).docx
150
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS FOR
GROUP 1 . LANDSCAPE ARCHITECTURE, PLANNING AND URBAN
DESIGN ARCHITECTURE, AND ENVIRONMENTAL ENGINEERING, AND
GROUP 2 . TOWN PLANNING ARCHITECTURE, INTERIOR DESIGN &
SPACE PLANNING ARCHITECTURE, AND HISTORICAL PRESERVATION
ARCHITECTURE, AND GROUP 3 CIVIL ENGINEERTNG AND LAND
SURVEYING, AND GROUP 4 STRUCTURAL ENGINEERING AND
MECHANICAL, ELECTRICAL, AND PLUMBING ENGINEERING, PURSUANTTO REQUEST FOR QUALIFICATIONS NO. 2014.346.YG, FOR
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES !N
SPECIAL|ZED CATEGORTES ON AN AS-NEEDED BASTS (THE ,,RFQ");
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS
WITH KEITH AND SCHNARS, P.A., AECOM TECHNICAL SERVICES, INC.,
KIMLEY.HORN AND ASSOCIATES, INC., CRAVEN, THOMPSON &
ASSOCIATES, INC., AND MILLER LEGG & ASSOCIATES, INC., FOR THE
DISCIPLINE OF LANDSCAPE ARCHITECTURE;; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH KOBI KARP
ARCHITECTURE & INTERIOR DESIGN, INC., GLAVOVIC STUDIO, INC., M.C.
HARRY & ASSOCIATES, INC., STANTEC CONSULTING SERVICES, INC.,
AND BEA ARCHITECTS, INC., FOR THE DISCIPLINE OF GENERAL
ARCHITECTURE; AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WITH ZYSCOVICH, INC., AND THE CORRADINO GROUP,
INC., FOR THE DISCIPLINE OF TOWN PLANNING ARCHITECTURE;
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS
WITH R. J. HEISENBOTTLE ARCHITECTS, P.A., WILLIAM B MEDELLIN
ARCHITECT P.A., DOUGLAS WOOD ASSOCIATES, INC., BENDER &
ASSOCIATES ARCHITECTS, P.A., FOR THE DISCIPLINE OF HISTORICAL
PRESERVATION ARCHITECTURE; AUTHORIZING THE ADMINISTRATION
TO ENTER INTO NEGOTIATIONS WITH WADE TR!M, !NC., STANTEC
CONSULTING SERVICES, INC., KIMLEY.HORN AND ASSOCIATES, INC.,
PURE ENGINEERING SERVICES, INC., AND SCHWEBKE . SHISKIN &
ASSOCIATES, INC., FOR THE DISCIPLINE OF CIVIL ENGTNEERING;
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS
WITH SCHWEBKE . SHISKIN & ASSOCIATES, INC., TRIANGLE
SURVEYING AND MAPPING, INC., KEITH AND SCHNARS, P.A., BISCAYNE
ENGINEERING COMPANY, INC., AND CRAVEN THOMPSON AND
ASSOCIATES, INC., FOR THE DISCIPLINE OF LAND SURVEYTNG;
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS
WITH TLC ENGINEERING FOR ARCHITECTURE, INC., WOLFBERG
ALVAREZ & PARTNERS, INC., AND RGD ASSOCIATES, INC. D/B/A RGD
CONSULTING ENGINEERS FOR THE DISCIPLINE OF MECHANICAL,
ELECTRICAL, AND PLUMBING ENGINEERING; FURTHER, SHOULD THE
ADMINISTRATION BE UNABLE TO NEGOTIATE AN AGREEMENT WITH
ANY OF THE RECOMMENDED FIRMS, THE ADMINISTRATION IS
AUTHORIZED TO NEGOTIATE WITH OTHER RANKED FIRMS IN ORDER OF
RANK IN EACH CATEGORY; AND FURTHER AUTHORIZING THE MAYOR
151
AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF
SUCCESSFUL N EGOTIATIONS BY THE ADMINTSTRATION.
WHEREAS, Request for Qualifications No. 2014-346-YG (the RFQ) was issued on
September 18,2014, with an opening date of December 2,2014; and
WHEREAS, a voluntary pre-proposal meeting was held on October 1, 2014 and on
October 13,2014; and
WHEREAS, the City received proposals from a total of fifty-one (51) firms; and
WHEREAS, because of the magnitude of the scope of the RFQ, including all the service
categories requested, the Administration will evaluate and make recommendations for award by
category group; and
WHEREAS, on February 5,2015, the City Manager via Letter to Commission (LTC) No.
054-2015, appointed an Evaluation Committee (the "Committee"), which included evaluation
committee members for each category group; and
WHEREAS, the Evaluation Committee (the "Committee") for Groups 1, 2, 3, and 4
consisted of the following individuals:
GROUP 1 - LANDSCAPE ARCHITECTURE, PLANNING AND URBAN DESIGN
ARCHITECTURE, AND ENVIRONMENTAL ENGINEERING. Margarita Wells, Environment and Sustainability Specialist, Building Department,
City of Miami Beach
. Rogelio Madan, Principal Planner, Planning Department, City of Miami Beach
o Humberto Cabanas, Division Director, ClP, City of Miami Beach; and
GROUP 2 _ GENERAL ARCHITECTURE, INTERIOR DESIGN/SPACE PLANNING
ARCHITECTURE, TOWN PLANNING ARCHITECTURE, AND HISTORICAL
PRESERVATI ON ARCH ITECTURE
o Deborah Tackett, Preservation and Design Manager, Planning Department, City of
Miami Beach
. Rogelio Madan, Principal Planner, Planning Department, City of Miami Beach
r Valeria Mejia, ADA Coordinator, Property Management, City of Miami Beach; and
GROUP 3 - CIVIL ENGINEERING, LAND SURVEYING SERVICES. Brian Bellino, City Surveyor, Public Works, City of Miami Beach
o Jose Perez, Capital Projects Coordinator, ClP, City of Miami Beach
. Jose Rivas, Civil Engineer lll, Public Works, City of Miami Beach; and
GROUP 4 _ MECHANICAL, ELECTRICAL, AND PLUMBING ENGINEERING, AND
STRUCTURAL ENG I NEERI NG
o Sabrina Baglieri, Sr. Capital Projects Coordinator, ClP, City of Miami Beach. Oniel Toledo, Construction Manager, Public Works, City of Miami Beach
. Jose Perez, Capital Projects Coordinator, ClP, City of Miami Beach
152
WHEREAS, the Committees convened to consider the proposals, as follows: the
Committee for Group 1 convened on February 26,2015; the Committee for Group 2 convened
on March 19,2015; the Committee for Group 3 convened on March 31, 2015; and the
Committee for Group 4 convened on April 8,2015; and
WHEREAS, the Committees were provided an overview of the project; information
relative to the City's Cone of Silence Ordinance and the Government Sunshine Law; general
information on the scope of services, references, and a copy of each proposal; and
WHEREAS, the Committees were instructed to score and rank each proposal pursuant
to the evaluation criteria established in the RFQ; and
WHEREAS, the Committee's ranking for the discipline of Landscape Architecture was as
follows: Keith and Schnars, P.A., top ranked; AECOM Technical Services, lnc., second highest
ranked; Kimley-Horn and Associates, lnc., third highest ranked, Craven, Thompson &
Associates, lnc., fourth highest ranked; Miller Legg & Associates, lnc., fifth highest ranked;
Chen Moore and Associates, lnc., sixth highest ranked; and
WHEREAS, the Committee's ranking for the discipline of General Architecture was as
follows: Kobi Karp Architecture & lnterior Design, lnc., top ranked; Glavovic Studio, lnc., M.C.
Harry & Associates, lnc., and Stantec Consulting Services, lnc., all tied as the second highest
ranked firms; BEA Architects, lnc., fifth highest ranked; Bermello, Ajamil, & Partners, lnc., as the
sixth highest ranked; Edward Lewis Architects, lnc., as the seventh highest ranked; Wolfberg
Alvarez and Partners, lnc., as the eight highest ranked, R. J. Heisenbottle Architects, P.A., as
the ninth highest ranked, SBLM Architects, P.C., as the tenth highest ranked, Rodriguez
Architects, lnc., as the eleventh highest ranked, CPH, lnc., as the twelfth highest ranked; HAKS
Engineers, Architects and Land Surveyors, P.C., as the thirteenth highest ranked; CIMA
Engineering Corp., as the fourteenth highest ranked; and
WHEREAS, the Committee's ranking for the discipline of Town Planning Architecture
was as follows: Zyscovich, lnc., top ranked; The Corradino Group, second highest ranked; and
WHEREAS, the Committee's ranking for the discipline of Historical Preservation
Architecture was as follows: R. J. Heisenbottle Architects, P.A., top ranked; William B. Medellin
Architect, P.A., second highest ranked; Douglas Wood Associates, lnc., third highest ranked,
Bender & Associates Architects, P.A., fourth highest ranked; and
WHEREAS, the Committee's ranking for the discipline of Civil Engineering was as
follows: Wade Trim, lnc., top ranked; Stantec Consulting Services, lnc., second highest ranked;
Kimley-Horn And Associates, lnc., third highest ranked, Pure Engineering Services, lnc., fourth
highest ranked; Schwebke - Shiskin & Associates, lnc., fifth highest ranked; Stanley
Consultants, lnc., as the sixth highest ranked; BCC Engineering, lnc., and R.J. Behar &
Company, lnc., both tied as the seventh highest ranked flrm, Craven Thompson And
Associates, lnc., as the ninth highest ranked, Brindley Pieters & Associates, lnc., as the tenth
highest ranked, Chen Moore And Associates, lnc., as the eleventh highest ranked, CPH, lNC.,
as the twelfth highest ranked; Milian, Swain & Associates, lnc., as the thirteenth highest ranked;
Coastal Systems lnternational, lnc., as the fourteenth highest ranked; Keith And Schnars, P.A.,
as the fifteenth highest ranked; CB&l Environmental & lnfrastructure, lnc., as the sixteenth
highest ranked; CES Consultants, lnc., as the seventeenth highest ranked; Lockwood, Andrews
& Newman, lnc., as the eighteenth highest ranked; HAKS Engineers Architects and Land
Surveyors, P.C., as the nineteenth highest ranked; EAC Consulting, lnc., as the twentieth
153
highest ranked; The Corradino Group as the twenty first highest ranked; Robayna and
Associates, lnc., as the twenty second highest ranked; Biscayne Engineering Company, lnc., as
the twenty third highest ranked; Miller Legg & Associates, lnc., as the twenty fourth highest
ranked; Ross Engineering, lnc., as the twenty fifth highest ranked; Cummins Cederberg, lnc., as
the twenty sixth highest ranked; and
WHEREAS, the Committee's ranking for the discipline of Land Surveying was as
follows: Schwebke - Shiskin & Associates, lnc., top ranked; Triangle Surveying and Mapping,
lnc., second highest ranked; Keith and Schnars, P.A., third highest ranked, Biscayne
Engineering Company, lnc., fourth highest ranked; Craven Thompson And Associates, lnc, fifth
highest ranked; Robayna And Associates, lnc., as the sixth highest ranked; Marlin Engineering,
lnc., as the seventh highest ranked; CB&l Environmental & lnfrastructure, lnc., as the eight
highest ranked, Miller Legg & Associates, ln., as the ninth highest ranked; and
WHEREAS, the Committee's ranking for the discipline of Mechanical, Electrical, and
Plumbing Engineering was as follows: TLC Engineering for Architecture, lnc. top ranked;
Wolfberg Alvarez & Partners, lnc., second highest ranked, RGD Associates, lnc. DBA RGD
Consulting Engineers, third highest ranked; and
WHEREAS, the proposals received under the discipline of Planning and Urban Design
Architecture, Environmental Engineering, lnterior Design and Space Planning Architecture, and
Structural Engineering are still being reviewed by the Procurement Department to ensure
compliance with the requirements of the RFQ; and
WHEREAS, once the review of the proposals received under the aforementioned
disciplines is complete, an agenda item will be prepared and presented at the next available
City Commission meeting; and
WHEREAS, after reviewing all the submissions and the Evaluation Committee's
rankings, the City Manager exercised his due diligence and concurs with the Committee's
rankings.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager pertaining to the ranking
of proposals, pursuant to Request for Qualifications No. 2014-346-YG, for Professional
Architectural and Engineering Services in specialized categories on an as-needed basis (the
"RFQ"); authorizing the Administration to enter into negotiations with Keith and Schnars, P.A.,
AECOM Technical Services, lnc., Kimley-Horn and Associates, lnc., Craven, Thompson &
Associates, lnc., and Miller Legg & Associates, lnc., for the discipline of Landscape
Architecture; authorizing the administration to enter into negotiations with Kobi Karp Architecture
& lnterior Design, lnc., Glavovic Studio, lnc., M.C. Harry & Associates, lnc., Stantec Consulting
Services, lnc., and BEA Architects, lnc., for the discipline of General Architecture;authorizing the
Administration to enter into negotiations with Zyscovich, lnc., The Corradino Group, lnc., for the
discipline of Town Planning Architecture; authorizing the administration to enter into
negotiations with R. J. Heisenbottle Architects, P.A., William B Medellin Architect P.A., Douglas
Wood Associates, lnc., Bender & Associates Architects, P.A., for the discipline of Historical
Preservation Architecture; authorizing the administration to enter into negotiations with Wade
Trim, lnc., Stantec Consulting Services, lnc., Kimley-Horn and Associates, lnc., PURE
Engineering Services, lnc., and Schwebke - Shiskin & Associates, lnc., for the discipline of Civil
Engineering; authorizing the administration to enter into negotiations with Schwebke - Shiskin &
154
Associates, lnc., Triangle Surveying and Mapping, lnc., Keith and Schnars, P.A., Biscayne
Engineering Company, lnc., and Craven Thompson and Associates, lnc., for the discipline of
Land Surveying; authorizing the administration to enter into negotiations with TLC Engineering
for Architecture, lnc., Wolfberg Alvarez & Partners, lnc., and RGD Associates, lnc. d/b/a RGD
Consulting Engineers for the discipline of Mechanical, Electrical, and Plumbing Engineering;
further, should the Administration be unable to negotiate an agreement with any of the
recommended firms, the Administration is authorized to negotiate with other ranked firms in
order of rank in each category; and further authorizing the Mayor and City Clerk to execute an
agreement upon conclusion of successful negotiations by the Administration.
PASSED AND ADOPTED this
ATTEST:
2015.
Rafael E. Granado, City Clerk Philip Levine, Mayor
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUT]ON
day of
l\- 1r- 3',9#
Date
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156
COMMISSION ITEM SUMMARY
Gondensed Title:
A RESOLUTION OF THE MAYORAND CITY COMMISSION OF THE CITYOF MIAMIBEACH,
FLORIDA, ACCEPTING AN AGREEMENT BETWEEN THE CITYOF MIAMIBEACH ANDTHE
TOWN OF SURFSIDE, TO PROVIDE SEWAGE CONVEYANCE SERVICES.
Item Summary/Recommendation :
The City operates a sewage conveyance system (the City System) for the use and benefit of its inhabitants,
and has also historically provided sewage conveyance for disposal services to the neighboring towns,
known as the Satellite Cities, including the Town of Surfside.
At its August 2, 1972 meeting, the City Commission approved Resolution No. 826, to enter into an
agreement with the Town of Surfside, to provide sewage conveyance for disposal services. However, due
to the then proposed connection of the City System to the Virginia Key treatment facility, the City exercised
its right to terminate the agreement at its December 5, 1979 Commission meeting, pursuant to Resolution
No.79-16114.
Notwithstanding such termination of the agreement, the City and Surfside's intent was not to discontinue
the City's provision of the services to Surfside, but rather to continue to provide them on a month to month
basis until new terms including, without limitation, new rates under an appropriate rate setting procedure
(after the City's costs could be determined for operation under the new system) could be established.
This relationship has survived to the present day. The City and Surfside now wish to enter into a new
agreement ("Agreement") for sewage conveyance for disposal services (hereinafter, the "Services");
particularly insofar as memorializing the method of compensation to be paid by Surfside to the City is
concerned.
The Mayor and Commission of the Town of Surfside adopted Resolution No. 15-2297, authorizing the
Mayor to enter into an agreement on May 12,2015.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Board Recommendation:
Financial lnformation :
Source of
Funds:
I ll ,l
oBPl I rotal
I
Financial lmpact Summary:
Clerk's Office islative Tracki
Eric Carpenter, Public Works X6012
T:\AGENDA\2015Uune\PUBLIC WORKS\Town of Surfside Sewage Agreement. Sum.doc
AGENDA natrr C-7K
D*'ra 6 -/0-/{# MIAMIBTACil.I 157
g MIAMIBEACH
€ity of Miomi Beqch, I200 Convention Center Drive. Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the
Jimmy Morales, City Manager
DATE: June 10,2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH
AND THE TOWN OF SURFSIDE, TO PROVIDE SEWAGE CONVEYANCE SERVICES.
ADM!NISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution.
BACKGROUND
The City operates a sewage conveyance system (the City System) for the use and benefit of its
inhabitants, and has also historically provided sewage conveyance for disposal services to the
neighboring towns, known as the Satellite Cities, including the Town of Surfside.
At its August 2, 1972 meeting, the City Commission approved Resolution No. 826, to enter into an
agreement with the Town of Surfside, to provide sewage conveyance for disposal services. However,
due to the then proposed connection of the City System to the Virginia Key treatment facility, the City
exercised its right to terminate the agreement at its December 5,1979 Commission meeting, pursuantto
Resolution No. 79-161 14.
Notwithstanding such termination of the agreement, the City and Surfside's intent was not to discontinue
the City's provision of the services to Surfside, but rather to continue to provide them on a month to
month basis until new terms including, without limitation, new rates under an appropriate rate setting
procedure (after the City's costs could be determined for operation under the new system) could be
established.
This relationship has survived to the present day. The City and Surfside now wish to enter into a new
agreement ("Agreement") for sewage conveyance for disposal services (hereinafter, the "Services");
particularly insofar as memorializing the method of compensation to be paid by Surfside to the City is
concerned.
The Mayor and Commission of the Town of Surfside adopted Resolution No. 15-2297 authorizing the
Mayor to enter into an agreement on May 12,2015.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution.
Attachments: Town of Surfside Draft Sewage Disposal Agreement
JMNTryWJFIEB
T:\AGENDAE0l5Uune\PUBLIC WORKS\Town of Surfside Sewage Agreement. Memo.doc
TO:
FROM:
158
,r/'i*.,"1:\\.
.,f$URTSIDT\,t' frh \rs'rtr'2T."-fn A'N ,r.rr,.rn, .- /J',s,;
; ;;,,., ; ;,,-. _ {.1/
Town of Surfside
Commission Communication
Agenda ltem #: 3K
Agenda Date: May 12,2015
Subject: Town of Surfside Sewage Conveyance Services
Objective: To approve the Agreement which will govern the terms and conditions of the
transmission of the Town's sewage through Miami Beach to the County treatment facility.
Background: Dating back to 1972, the Town of Sur"fside has collected its sewage via gravity
sewer to two sanitary sewer pump stations. These stations then pumped the Town's sewage
via pressurized force mains through the City of Miami Beach. The Town of Surfside and
Miami Beach entered into an agreement on Augusl2, 1972 pursuant to Resolution No. 826
to accept the terms and conditions that would govern the sewage transmission agreement.
On December 5, 1979 pursuant to Resolution No. 79-16114, the City of Miami Beach and the
Town of Surfside terminated the 1972 agreement, not with the intent to discontinue the City's
provision of the services to Sut-fside, but rather to continue to provide them on a month to
month basis until new terms and rates could be established. The City of Miami Beach and
the Town of Surfside now wish to enter into an agreement to solidify the terms and conditions
of this ongoing relationship.
Town of Surfside staff met with City of Miami Beach staff to review the initial draft of the
agreement. Over the course of the following year various negotiated version of the
agreement were offered. They were dated January 28, 2014, July 3A, 2014 and the final
draft being dated March 6, 2015.
Recommendation(s): lt is recommended that the Commission approve the Agreement
Between the City of Miami Beach, Florida and The Town of Surfside, Florida to Provide
Sewage Conveyance Services. This agreement will not alter the manner in which the sewage
is currently transmitted, but will establish written terms and conditions for the governance of
these services.
Budget lmpact: There is no impact to the budget as this item was previously budgeted.
Growth lmpact: N/A
Staff lmpact: There are no impacts to
Page 84
159
RrisoLUT'roN No. ,, - l, tQ 1
A ITESOLUTION OF TIJIi TOWN OF SURFSIDE,
FLORIDA, AUTI{ORIZING THE MAYOII TO
ENTER INTO AN AGRBEMENT WITII TI.IE CITYOF NTI.AN{I BEACI{ TO PIIOVIDE SIiWAGE
CONVEYANCE SERVICES; I,RovIDTNG FoR
AUTHORIZATION; AND prtOVrDrNG FOR AN
EFFECTIVE DATE.
WHEIIEAS. the City ol'Nlianri Beach (''Cit1,"; operates a se\\:age con\/e),apcc
systenl lbr the use and benet'its ol'its inhatritants, ancl has also historicallv proviclecl
se\\'agc conveyance fbr clisposal sen,ices to the neiglrboring l-ou,n ol' Surlside; most
recently. pttrsutrnt to alt asreentent entered inlo bet*'eerr the Cir1. ancl Surtside. datc.cl
Augtrst 2,1972, and approved b."- the Citv pursuant to Resolgtiop No. g26: ancl
WHEREAS. on Decetlber 5. 1979. pursuant lo Resolution No. 79-l6l l4 (and in
anticipation of the connectiort of the City.'system to rhe Virginia Key Treatnrenr facilirl,).
the City exercised its right to terminate the I972 Agre'ement: not'vvithstancling stictr
ternlination, l"lolever. tlre Cit1, and Surfsidc's intent tyas not to cliscontinue the Citr,'s
provision ol'the services to Surfside, but rathc.r to continue to provide them ou a month to
month basis until new terms including, u,ithout limitation. nerv rates under an appropriate
rate setting procedure (al'ter the Cit1"s costs coulcl be detemrinecl tbr operation under thc
neu'svstem) could be established: and
WHEI{EAS. the City and Strrltide now ',r,ish to enter into a new agreenrent lbr
sewage conve)'ance tbr disposal sen,ices: particularl)' insolar as ntenrorializing the n6r'
rate of compensation to bc- paid by Surrside to the citl.is concenrecl: and
WHERBAS. it is in the best interest ol'the Torvn to enter ri ilh the City of Mianri
Beach into an Agreenrent fbr servage conve,\,ance for clisposal sen,ices.
NO}V, TFTIREFORE, BE IT RESOLVED BY THE TOWN CONIiUISSION
OF TI{E TOWN OF SUITFSIDE, FLORIDA, AS FOLLOIVS:
section l. Rccitals. That tlre abo\.c-stated rccitals arc hereb) adopted ancl
conllrmed.
Section 2. Authorization. 'l-he'forvn C'ornmission herebl, autliorizes the N4avor
to enter into atl Agreement lbr servage conveyance lbr clisposal scn,ices (Set Attachnlenl."A').
Section 3. Imnlcmcntation. 'fhe Tos'n Vlanaqcr or his clesignee is l:crc-[-r,
authorized to take any and all action nccessilrv to implcntent this ttesolution.
Pasc' I ol'2
160
Section 4. Effectiye Date. -l-lris ftesolution slrall becorne eff'ectivc- inrnrediatell
tupon its adoption.
pAssED AND ADoprED trr;, -ffi), ol U&U . 20r 5.
I
Motion by
Second by
FINAL VOTE ON ADOPTIOI\
Commissioner Barry Cohen
Commissioner ivlichael Karukin
Conrni ssi oner lvlarta Ol ch1'k
Vice N4ayor Eli Tourgenran
lvla1,'or Daniel Dietch
4---
Daniel Dietch, Ma-vor
APPROVED AS TO FORNI ANI)
LqqAL SUFFTCIENCY FOR THE TOWN OF SUTTFSTDE ONLy:
Stv\* t\,\\*u
Linda Miller. Torvn Auontev
Page 2 of2
161
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF MIAMT
BEACH AND THE TOWN OF SURFSIDE FOR THE CITY TO CONTINUE TO
PROVIDE SEWAGE CONVEYANCE SERVICES TO SURFSIDE
WHEREAS, the City operates a sewage conveyance system (the City System) for the use
and benefit of its inhabitants, and has also historically provided sewage conveyance for disposal
services to the neighboring towns, known as the Satellite Cities, including the Town of Surfside; and
WHEREAS, at its August 2,1972 meeting, the City Commission approved Resolution No.
826, to enter into an agreement with the Town of Surfside, to provide sewage conveyance for
disposal services; and
WHEREAS, due to the then proposed connection of the City System to the Virginia Key
Treatment facility, the City exercised its right to terminate the agreement at its December 5, 1979
Commission meeting, pursuant to Resolution No. 79-16114; and
WHEREAS, notwithstanding such termination of the agreement, the City and Surfside's
intent was not to discontinue the City's provision of the services to Surfside, but ratherto continue to
provide them on a month to month basis until new terms including, without limitation, new rates
under an appropriate rate setting procedure (after the City's costs could be determined for operation
under the new system) could be established; and
WHEREAS, this relationship has survived to present day; and
WHEREAS, the City and Surfside now wish to enter into a new agreement ("Agreement") for
sewage conveyance for disposal services (hereinafter, the "Services"); particularly insofar as
memorializing the method of compensation to be paid by Surfside to the City is concerned; and
WHEREAS, the parties have negotiated the attached Agreement (Exhibit "A"), and the Town
of Surfside approved the Agreement on May 12,2015, pursuantto Surfside Resolution No. 15-2297;
and
WHEREAS, the Administration recommends that the Mayor and City Commission approve
and authorize the Mayor and City Clerk to execute the attached agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City Commission
hereby, approve and authorize the Mayor and City Clerk to execute an Agreement between the City
of Miami Beach and the Town of Surfside for the City to continue to provide sewage conveyance
services to Surfside.
PASSED AND ADOPTED this _ day of
ATTEST:
2015.
Philip Levine, Mayor
{ffiAHrfr'
Rafael Granado, City Clerk
T:\AGENDA\2015Uune\PUBLIC WORKS\Town of Surfside Sewage Agreement. Reso.doc
,Jilfr
Dole
162
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA ANDTHE TOWN OF SURFSIDE, FLORIDA,'To pRovrDE SEWAGE coNVEyANcE seivlces
THls AGREEMENT is made and entered into this -- day of2015 (Effective Date), bv and between the city oi r,,ti.rTaEi,iloiioa f@f andthe Town of Surfiside (,,Surfside").
WHEREAS, the city operateg a sewage conveyance system (the city sy,,tem)for the use and benefits or iti inhabitants, ,id nas also historically provided sewageconveyance for disposar services to.the neighboring-Town
"iSrJriio-"; most recenfly,pursuant to an agreement entered into betwien thetity ano srJsioii"t"o August 2,
:::or,
and approved by the city pursuanr to Resorution No. ezo rtn";ig i2 Agr."^ent,,);
WHEREAS, on December 5, 1979, pursuant to Resolution No. 7g-16114 (and inanticipation of the connection of the city Syste; i; i;. Virginia k"v ri""trent facility),the city exercised its right to terminaie ine 1g7'2 Agr"ement; not*in.t"nding suchtermination, however, the city and surfsirje's intent was not to discontinue the city,sprovision of the services to surfs;de, but rather to continue to provide them on a monthto month basis until new terms including, winout limitation, new rates under anappropriate rate. setting procedure .(after ih" c,tyb costs could be determined foroperation under the new system) coutd be estabriir,LJ; ano
WHEREAS, the City and surfside now wish to enter into a new agreement('Agreement") for sewage conveyance for disfosal services (hereinafter, the"Services"); particularly iniofar as memorializing the new rate of compensation to bepaid by Surfside to the City is concerned.
NoW' THEREFoRE, in consideration of the mutual covenants and obligationsset forth herein, the city and surfside hereby agree is'ioilows:
1' The city shall continue to provide the Services to surfside, to lhe extent capacityis available, by means of an existing transmi.ri", main from surfsioe to the city-owned meters located in the city own_ed parking rot ai iF'bi,!'"i']o"","0 in thecity of Miami Beach. The lnterlocal coniraci B"etween Miami-Dade county andcity of Miami Beach, Florida, dated oecemoei 17, 2014, and approved andauthorized by the city pursuant to Resolution No. 2014-2b6si acknowledgesthat the sanitary. sewage rece_ived by the county from the city flows fromsurfside, in addition to the Village ,i ail Haioour and rown of s"y Harborlslands' Future flows (i'e. future capacity) from Surfsioe unoer tnis Rgreementshall be delermined in accordance wiih, ,ni rrui""t to, the lnterlocalAgreement.
2' Notwithstanding..the city's agreement to provide the Services, or any other termor condition of this. Agreement, Surfside'acknowleoges tnal ,nv ourigrtion thatthe city has to render such services to srrr.io" prr.rrnt to this Agreement shall
*xtan
I!'An
163
3.
be limited to, subject and subordinate to, and conditioned upon any agreements,terms, covenants, conditions, and obligations between the bily
"nO
n4'i"ri-DadeCounty, Florida (the County), whether existing as of the Effective Date or as mayexist in the future, pertaining to the Count/s responsibility to provide sewagedisposal service to the City's existing sewer r"ric" area (which service areaincludes and takes into account the flow from Surfside), by means of ne existingtransmission main from the city to the county's central District wastewaterTreatment Plant located on Virginia Key (where the combined 1ow is metered).Surfside further recognizes and acknowledges that the City's standards for theServices provided.to Surfside pursuant tolhis Agreement are also limited to,subject and subordinate to, and conditioned upon iny modificationls) ai a resultof (i) changes to. the city's agreement with the county to provide sewagedisposal services to the City; anOlor (ii) changes to exisiing or future federal,State, County, and locat laws, rutes, and regulaiions.
Surfside agrees, and hereby warrants to the City, that it will abide by and bebound by all present and future federal, State, County, and City laws, s[andards,rules, regulations, permit conditions and other reqrirements related to sewerservice' Surfside.acknowledges that the responsibiiity of the City to provide theServices under this Agreement shall be limited to the flow from Surfside,sexisting sewer service area(s) (i.e. the flow existing as of the Effective Date ofthis Agreement).
Surfside further agrees and hereby warrants to the City that it shall operate andmaintain its sewage collection system (hereinafter reiened to as the SurfsideSystem, and which system includes, without limitation, any and all transmissionpipe lines, main pipe lines, force mains pumps, pumping-stations, meters, andany and all other facilities and equipment appurtenani th6reto), anO any systemextensions thereof, in accordance with the requirements of all ipplicable federal,state, county, and city laws, rules, regulatibns, and permit conditions. Theoperation and maintenance of the Surfside System shall be the soleresponsibility and cost of Surfside. The City reserves the right to insfect theSurfside System, as deemed necessary by ihe City, in its sole discretion andjudgment, but at no cost to Surfside, to-verify that the Surfside System ir O"ingproperly maintained and operated in accordance with the above itandards and
!1{ustrv standards as outlined in Wastewater Collection Sysfems Mantatgement,wEF Manual of Practice No. FD-7, 2009; and Reco mmended standards forWastewater Facilities, Health Education Services (a Division of Health Research,!nc.), 2004, The City shall request permission from Surfside to inspect theSurfside System, which permission shalt not be unreasonably withheld,conditioned, or delayed. The City shall request permission from Surfside three
!3) tusiness days prior to inspection of the Surfside System anO snirr allowSurfside's representation at City's inspections. Said inspections shall be made atreasonable times and in such manner so as to least disturb Surfside,s normaloperations.
4.
2
164
5.Surfside shall not allow or permit construction or installation of any connectionsof stormwater mains which allow stormwater to enter the Surfsid" SVrt", Uponnotice or discovery of such interconnections, Surfside shall, at its sole cost andexpense' immediately effectuate the laMul disconnection of suchinterconnections !o lhe City's satisfaction and, at a minimum, in accordance withapplicable federal, g!rt9, county, and city laws, rules, regulations, and permitconditions. Surfside hereby agrees to fursue and maintain best efforts, on a
legular timely basis, to reduce lnfiftration and inflow to comply with all local,State, andlor federal ordinances, laws and regulations regarding infiltration andinflow connection or reduction as now in eff6ct or as may be enacted in thefuture. Surfside agrees that in the event any undue infiltration o"refop" in thesurfside system, it shail make such repairs as ,rv u" required uv t-ne city inorder to remedy such condition.
The quantity (i.e. the flow) of sewage handted by the City System for Surfsidehereunder shall be measured prior to.the entry point io the city system by cityowned meters, or. any.subsequent replacemeni meters installed by the City, in itssole and reasonable discretion (hereinafter refened to-individuaUy as a ,Tvleter,, orcollectively as the_ "Meters"). The Meters have been installed in structureslocated within the Town of Surfside right of way at soi gsil dii""t lirj ioi 89"
-S-tr9et' Tjte clty and Surfside shall.r,i* tne riiht ano opportunity to inspect the
Y"L"tt.- -The City shall notify Surfside three (g)-business days prior to inspectionof the Meters and shall allow Surfside to attend the City's iiispecgons. Saidinspections shall be made at reasonable times and in such manner so as to leastdisturb Surfside's normal operations.
The City shall own, operate and maintain the Meters, at its sole cosr andexpense. The city shail arso, at its sore expense, test the accuracy of eachMeter, at a minimum, once every three (3) months, oi at such other time intervalsas it may deem appropriate. The city irratt notiiy surrsioe tnree fsf uusinessdays prior to testing of the Meters ani shall allow Surfside's opr"'rrlntrtion atCity's testing. Said tests shall be made at reasonable times and in such mannerso as to least disturb Surfside's normal operations. The City shali fioviOe tneresults of the tests to Surfside no later than thirty (30) days ift", "rin meter istested.
The Meters shall indicate flow with an error not to exceed plus or minus 1vepercent (5o/o) of full scale reading (true accuracy). lf found to be in enor - i.e.anything exceeding five- percent (5%) of true acluracy - the Meters shall be re-calibrated by the City. lf such error oi mole than five percent (s%) is discovered,bills for the three (3) periods following the prior ureter accuracy test shall beadjusted to reflect the quantity of over-read or under-read flow. ln calculatingsuch billing adjustment, it will be assumed by the parties that the inaccuracyexisted for the entire time interval between accuracy tests. The billingadjustment(s) shall be made at the same rate in effect during the time interval.
6.
7.
8.
3
165
9.Surfside may request, and the City agrees to perform, additional Meter accuracytests, upon reasonable notice to city ind at " i"rron"ble time
".."pt"ur" to bothparties. Said additional testing shitt be completed at reasonable times. lf theMeter(s) is (are) found to be in enor exceeding five percent (5%) true accuracy, itshall be recalibrated by the City as. described-in trJpreceding paragrapn g, andthe entire costforsrrch testing and recatibration rr,rit be paiiroi oy"tnl city. lfthe Mete(s) is (are) found performing within nve fercent (s%) true accuracy, theMeter accuracy test
-shalt be paid oy surtsioe no'later than thirty (30)-Jays fromreceipt of an invoice from the City.
ln the event of complete or partial failure of any Mete(s) to register, both partiesshall mutually agree to establish consumption based on hirtorii ffithly averageflows for the most recent wet or dry period as defined by the latest Miami-Dadecounty rate schedule in effect during the Term oilnir Agreement. The mostrecent actual readings for a period of three (3) consecutive months of a wet ordry period will be.used to represent that "olioondin! period until the Mete(s) is(are) repaired. The City shall use reasonable commelciat efforts to repalr a failedMeter within sixty (60) days of a determinatlon ovlrre City that the'Meter hascompletely or partially failed.
The city will be u.nd.9r no obligation. at any time to perform any re-pumping ofsewage delivered to the City System by Su*side.
S.urfside agrees to pay to the City an amount, as determined by the City, to coverall costs associated with the sewage flow from the surfsioe svstem, ;;, 1,000gallons of sewage passing through the city,s syslem; which sum shall bepayable monthly. The cost of service shall include direct costs of operation,maintenance, depreciation, debt service, and . on" and a harf percent (1.solo)administrative fee' The actual amount shall be calculated anO 'piesenieo in awritten report to the City of Miami Beach Commission during i6 ddget'approvatprocess, and approved by City Resolution; provided, however, that t[e City shallmake reasonable commercial efforts to iransmit the aforementioned writtenreport to Surfside at least fourteen (14) calendar days prior to the date of thepublic meeting at which the written report is present"O to the City Commission.The City shall also make reasonable commerciat efforts to transmit the proposedResolution to Surfside at least fourteen (14) calendri J"v. prior to the date of thecity Commission meeting at which the'proposeo neJltion is present-J to theCity Commission. The adopted Resoluiion shall be transmitted to Surfside aswritten notice of change of cost of service with an effective date.
Billing for services provided in accordance with this Agreement shall be renderedmonthly. lnvoices.will be mailed by the tenth (10th)-Jry of the month fol6wingthe month for which service has been provided, based on readings of the Meterstaken by th-e City. Amounts billed on such invoices are due when rendered. tnthe event surfside disputes a bill, Surfside snali piovide the city wiih writtennotice of the reasons for non-payment within thirty ('30) days of r"""ipt oi p," oitt,
10.
11.
12.
13.
166
14.
and shall escrow such portion of the bill that is disputed in an interest-bearingaccount' The parties shall promptly meet and use reasonable gooo raitn effortsto resolve the dispute within forty-1r" (45) days of the city's recErpt oi surrsioe'.notice' Except for any portion of a bill disRyteo, payment not received by the Cityon or before twenty-five. (2s) days afrer the pdstma* ori; ;iil;iiil' snan beconsidered past due. All past due invoices shall be subject to a u1e charge, asestablished by the ptJl (s.ucrr charge to reimburse the city ror cost. in frocessingand othenryise administering late piyments). ln addition, per annum interest shallaccrue on the pa:l d.u.e charges including the hte charges at the maximum legalrate. provided by Florida law for contractJin which no inierest rate is ifecirieo, foreach day, including Saturdays, sundays and holidays, from tne palioue dateuntil the date of. receipt by the city. For purpo."r'oi tnis parairapn, oate otreceipt shall be the date of actual receipt uv 116 city if rrano detiv#ej or maiteo,or date of transfer to the city's bank, if erectronic funis transfer is used.
Neither party shall be liable to the other for any failure to perform under thisAgreement to the extent such performance is pievented by an event oI forcemaieure, including, but not limited to, war, riots, natural catastrophe, or any otherevent beyond the control of the non-performing party and which could not havebeen avoided or overcome by the exercise oidue diligence; proviJeo that theparty claiming the excused performance has (i) prompily notiiied tne Liner partyof the occurence and its estimated duration; iiil pioriptiy remedied or mitigateothe effect of the occurrence to the extent possi'otei and'(iii) r"rrr"Jp"rformanceas soon as possible.
To the extent provided by Florida law, both parties mutually agree to indemnify,defend, and hold harmless each other and their respective officers, agents,contractors, and emproyees, from any craim, ross, d"rag", cost, charge, orexpense arising out of any acts, action, error, neglect, or omission by suchofficers, agents, contractors, or employees drrind t" performance of theAgreement, except.that neither party,'nor its rEspective officers, agents,contractors, or employees, will be lia-ble under this paragraph for damagesarising out of injury or damage to persons or property directly caused by orresulting from the negligence of tne otne, party, or "rv of its respective officers,agents, contractors, or emproyees, during tire perrormance of this Ajreemlnt.
This Agreement shail be governed by the raws of the state of Frorida. Anyprovision hereof found to be unlaMul or unenfor."rbl" shall be severable andshall not affect the validity of the remaining portions nireor. nnv ano all suitsbrought by either party shall be instituted and maintained in'any-court ofcompelent jurisdiction in Miami-Dade County, Florida. ln all such suits, theprevailing party shall be entitled to receive ieasonable costs and reasonableattorney's fees. city and surfside waive any rights
"itn",
p"rty ,"y nare to atrial by jury in any civil litigation related to, or irisi-ng 6rt of, this A;r;;";.
15.
16.
5
167
17.All notic-es required pursuant to the terms hereof may be sent by first classUnited states Mair, facsimire transmission, hand derivery, o, "rpr"i" mair andshall be deemed to have been received by irre end oi rir. orcin"r! Jrvr from thep.roPqr sending thereof unless proof of piior actual receipt is providej. Surfsideshall have a continuing obligation to notify the city oitn.'"pp,.bpriri" p"rsons fornotices to be sent pursuant to this Agieement. Untess otherwise notified inwriting, notices shall be sent to the following addresses:
o lf to the City:
Eric Carpenter, p.E., Director of public Works
1700 Convention Center Drive, 4rh Floor
Miami Beach, FL 33139
. lf to Surfside:
Town Manager
9293 Harding Avenue
Surfside, Florida 331 54
The term of this Agreement (Term) shall be for an initial term of five (5) years,commencing upon execution by the parties hereto, as referenced by tne gffectiveDate on page t hereof. Thii Agreement shall be automatically renewed forsubsequent, consecutive terms orJive (5) years eacn, subject to iermination byeither party, upon one hundred eighty (t'go)-oays *ritt"n notice to the other.
Notwithstanding the preceding paragraph, shourd surfside erect at any timeduring lhe Term 9f thg Agreement to transmit all or a portion of its currentsewage flow (as of the Effective Date), Surfside shall provide the citv wiirr writtennotice of such intent.ninety (90) days prior to october 1.";; n"iin" city mayhave time to adequately evaiuaie ano plan its future capacity demands, in orderto transmit same to the County as required under the lnterlo"ir agr""rlnt.
The City agrees that if, after the Effective Date of this Agreement, it enters into anagreement for the same or substantially similrr mop"- of service" *in anotherlocal government in Florida, which contalns lerms or conditions pertaining onry to
lee9, charges or costs, that are more favorable than the terms in tfrii_Agrlement,Surfside may proYide the City with written notice explaining how the newagreement is for the same or substantially similar services "iO how ihe newagreement contains terms or conditions pertaining onry to fees, ir,"rg"r, o,costs, that are more favorabte than the terms 1n tfdAgreement, and requestingto negotiate an amendment to the Agreement (a "New -Agreement rrr"ti.j,i Theparties shall act in good faith to negotiate an amendmen-t to the Agreement thataddresses, in a manner that is fair and equitable to both parties] the mattersraised by Surfside in the New Agreement Notice. lf the parties fail to reach
18.
19.
168
20.
agreement upon an amendment within ninety (90) days of the New Agreement
Notice, then Surfside may terminate this Agreement without penalty or early
termination fee, subject to the terms and conditions herein, by providing one
hundred and eighty (180) days advance written notice to the City. Upon a
termination pursuant to this Section, the City shall have no further liability and/or
obligation to Surfside.
This Agreement constitutes the complete and final expression of the parties with
respect to the subject matter hereof and supersedes all prior agreements,
understandings, or negotiations with respect thereto. Changes and additions to
this Agreement shall be directed by a written amendment signed by the duly
authorized representatives of the City and Surfside. No alteration, change, or
modification of the terms of this Agreement shall be valid unless amended in
writing, signed by both Parties.
WHEREOF, this Agreement has been duly executed by the parties hereto as of
the day and year first above written.
ATTEST:
Signature:
Name:
CITY OF MIAMI BEACH, FLORIDA
Signature:
Name:
Title:
Date:
TOWN OF SURFSIDE
Signature:.<::9._:<-_*
Title:
ATTEST:
Signature:
Name: Danie\ fiela^r
Title: 4arlor
s\rD) 2br5
APPROVED AS TO
FORM & TANGUAGE
& FOR EXECUTIONMv City Attomey
ltte' Trr.r:n Clerl(
Date:
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170
C7 - Resolutions
C7L A Resolution Authorizing The Mayor And The City Commission To Approve The Second
Amended And Restated lnterlocal Agreement With Miami-Dade County For The City's
Use Of The County's Solid Waste Management System.
(Public Works)
(ltem to be Submitted in Supplemental)
Agenda ltem C7 L
o^te -6-lo)lT171
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172
Build and maintain priority infrastructure with full accountability. Streamline the delivery of services
Data (Surveys, Environmental Scan, etc: N/A
COMMISSION ITEM SUMMARY
Condensed Title:
Joint Powers Alliance (NJP
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The City
Manager To Approve The 63'd Street Water Main Replacement Project Utilizing The Competitively Bid National
'ative Contract For Construction Services With The Gordian
Advisorv Board Recommendation:
Financial lnformation:
Source of
Funds:
Amount Account
1 90,000 420-2759-069357
2 5,000 423-2759-069357
3 1.145.000 424-2759-069357
4 360,000 424-z.1fi'cb935'l
OBPI Total 1,600,000
Financial lmpact Summary:
Item Summarv/Recommendation :
The lndefinite Quantity Construction process is used extensively by the local, state and federal governmental
agencies throughout the United States to expedite the delivery of construction projects. The City, as a
governmental agency member, is authorized to utilize the IQC contract for construction services competitively
awarded by the National Joint Powers Alliance (NJPA) to the Gordian Group.
The project replaces the existing water main in 63 Street from La Gorce Drive to lndian Creek Drive. The
construction project incorporates directional drilling to install the main under the lndian Creek channel in the
vicinity of the draw bridge. This will require an excavation in the median between Collins Avenue and lndian
Creek Drive and on Allison lsland. The remainder of the work will be open cut with a portion of the water main
being suspended from the stationary bridge. The duration of the construction will take approximately six (6)
months to complete. The existing 16-inch water main has reached its life expectancy of 70 years plus and has a
history of leaks. The water main improvements include installing approximately 1 ,100 linear feet of 20-inch pipe,
210 linear feet of 12-inch, 280 linear feet of 8-inch, 200 linear feet of 6-inch of ductile iron pipe and fittings,
relocation and replacement of one fire hydrant; traffic control and all ancillary and miscellaneous work. ln an effort
to expedite the replacement of the water main, the NJPA IQC contract was utilized to procure the necessary
construction services, however, the original project cost was estimated above the $250,000 threshold.
The contractor, David Mancini & Sons, lnc., submitted for review a proposal to complete the work. Based on
designer's Milian, Swain and Associates, lnc. (Engineer of Record) opinion of probable construction cost and City
staff and NJPA Project Manager Review, the proposal submitted by DMSI, lnc. in the final amount of $1,560,000
has been considered reasonable for the type of work that is included.
This project surpassed the $250,000 threshold limit approved by the City Commission for projects through the
NJPA IQC contract award. Accordingly, in order to move fonruard with the completion of this project, approval is
required to exceed the $250,000 project threshold limit by $1,350,000 which includes $40,108 for project
contingency, for a project total not to exceed $1,600,000. The project supports the KIO of maintaining the City's
infrastructure.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
T:\AGENDA\2015Uune\PUBLIC WORKS\Agenda NJPA\63 ST WM Replacement NJPA - Summary.doc
AGENDA trEM c1M
ome- 6'E MIAMIBEACH 173
g MIAMIBEACH
City of Miomi Beoch, 'l 200 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO Mayor Philip Levine and Members of City ron
FRoM: Jimmy L. Morales, City
DATE: June 10,2015
suBrECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE
THE 63.d STREET WATER MAIN REPLACEMENT PROJECT UTtLtZtNG THE
coMPETTTTVELY BrD NATTONAL JOrNT POWERS ALLTANCE (NJPA)
COOPERATIVE CONTRAGT FOR CONSTRUCTION SERVICES WITH THE
GORDIAN GROUP.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the Resolution.
FUNDING
$ 90,OOO 420-2759-069357 - 63'd Street 16" Water Main
$ 5,OOO 423-2759-069357 - 63'd Street 16" Water Main
$1,145,000 424-2759-069357 - 63'd Street 16" Water Main
$ 360,000 384-2324-069357 - La Gorce Neighborhood lmprovement
$1,600,000 TorAL
BACKGROUND
Prior to October, 2012, the City acquired construction services for many small or emergency
construction projects through a Job Order Contracting process (JOC) that enabled facility
owners to accomplish a large number of repairs, maintenance and construction projects with a
single, competitively bid contract eliminated the time and expense of completing the normal
design-bid-construct cycle for each project. Prior to the award of these contracts, the City
selected one of several available comprehensive catalogs of construction tasks established by
one of several national organizations, such as RS Means or the Gordian Group. The catalogs
contain almost every imaginable construction task possible and a unit of measure and cost for
each construction task. Contractors were required to competitively bid an adjustment factor
(e.g. 1.15) to be applied to a comprehensive catalog of almost every imaginable construction
tasks with pre-set unit prices. The prospect of continuing work keeps the contractor motivated to
provide timely, responsive, and high quality work.
Since the fall of 2012, the City has been without a methodology for expediting construction and
infrastructure projects. This is especially problematic for smaller projects and projects related to
unplanned emergency work for which releasing independent solicitations is not operationally
feasible and causes unnecessary delays. To address this problem, as authorized by Florida
Statutes, the Finance and City-Wide Projects Committee (the "Committee") endorsed a
174
Commission Memorandum -63n Sfreef Water Main Replacement NJPA
Page 2 of 2
recommendation by the Administration to utilize the indefinite quantity contract (lQC) for
construction services to expedite the delivery of construction projects under $250,000 or for
emergency projects as approved by the City Manager. The Committee's endorsement of the
IQC process for small and emergency projects was approved by the City Commission on April
23,2014. The IQC process is similar to the previously used process by the City but with tighter
controls, including a limit on design, additional competition on certain items and a small project
threshold that limits exposure.
The IQC process is used extensively by the local, state and federal governmental agencies
throughout the United States to expedite the delivery of construction projects. The City, as a
governmental agency member, is authorized to utilize the IQC contract for construction services
competitively awarded by the National Joint Powers Alliance (NJPA) to the Gordian Group.
The project replaces the existing water main in 63 Street from La Gorce Drive to lndian Creek
Drive. The existing 16-inch water main has reached its life expectancy of 70 years plus and has
a history of leaks. The construction project incorporates directional drilling to install the main
under the lndian Creek channel in the vicinity of the draw bridge. This will require an excavation
in the median between Collins Avenue and lndian Creek Drive and on Allison lsland. The
remainder of the work will be open cut with a portion of the water main being suspended from
the stationary bridge. The duration of the construction will take approximately six (6) months to
complete.
The water main lmprovements includes installing approximately 1,100 linear feet of 20-inch
pipe, 2l0linearfeet of 12-inch, 280 linearfeet of 8-inch, 200 linearfeet of 6-inch of ductile iron
pipe and fittings, relocation and replacement of one fire hydrant; tratfic control and all ancillary
and miscellaneous work. ln order to expedite the process the Public Works Department
contacted the Procurement Office to request the use of the NJPA cooperative contractor
procurement process to build the project and has chosen DMSI, lnc. for its previous good work
in completing projects on time and on budget, to provide a proposal to build the improvements.
The contractor submitted for review a proposal to complete the work. Based on designer's
Milian, Swain and Associates, lnc. (Engineer of Record) opinion of probable construction cost
and City staff and NJPA Project Manager Review, the proposal submitted by DMSI, lnc. in the
final amount of $1,560,000 has been considered reasonable for the type of work that is
included.
This project surpassed the $250,000 threshold limit approved by the City Commission for
projects through the NJPA IQC contract award. Accordingly, in order to move forward with the
completion of this project, due to the leaks and deterioration of this line, approval is required to
exceed the $250,000 project threshold limit by $1,350,000 which includes $40,108 for project
contingency, for a project total not to exceed $1,600,000. The project supports the KIO of
maintaining the City's infrastructure.
CONCLUSION
The Administration recommends approving the Resolution authorizing the City Manager to
approve Work Order No 030803 for the Construction of the 63'd Street Water Main Replacement
project.
:'i I
JLM1MTtwJJF/BAM/JR
T:\AGENDA\2015\June\PUBLIC WORKS\Agenda NJPA\63 ST WM Replacement NJPA - Memo.docx
175
EffiHMIAHffififfitWork Order Signature Document
NJPA EZIQC Contract No.: FL-MDCAU06-052014-DMS
I x I r.r"*work order l-l *oo,r, an Existins work order
Work Order Number: 030803.00 Work Order Date: 0512212015
Work Order Title: CMB - PWwater main installation
Owner Name: City of Miami Beach Contractor Name: David Mancini & Sons, lnc.
Contact: Bruce Mowry Contact: Albert Dominguez
phone: 305-673-7080 Phone: 305-532-8827
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of NJPA
EZIQC Contract No FL-MDCAU06-052014-DMS.
Brief Work Order Descriotion:
The proposed improvement consists of the replacement of a water main from 63rd and Lagorce to Indian Creek Drive.
Time of Performance See Schedule Secfion of the Detaited Scope of Work
Liquidated Damages Wll appty: tr Wil not appty: Fl
Work Order Firm Fixed Price: 91,559,891.94
Owner Purchase Order Number:
Approvals
Owner Date
Work Order Signature Document
ezlQC-NJPA-FL
Page 1 of 1
5t222015
176
BffiRAIAhI
Wf;ffiffiDetailed Scope of Work
To: Albert Dominguez From: Bruce Mowry
David Mancini & Sons, lnc. City of Miami Beach
1939 NW 40th Court 1700 Convention Center Drive
Pompano Beach, FL 33064 Miami Beach, FL 33139
305-532-8827 305-673-7080
Date Printed: MaY 22,2015
Work Order Number: 030803.00
Work Order Title: CMB - PWwater main installatlon
Brief Scope: The proposed improvement consists of the replacement of a water main from 63rd
and Lagorce to lndian Creek Drive.
l-l Preliminary
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items
set forth below shall be considered part of this scope of work.
The proposed improvement consists of the replacement of a water main from 63rd and Lagorce to Indian Creek
Drive. Scope of Work is based on Plans/Specifications and any revisons issued by MSA Milian, Swain & Associates
inc. Dated from5llS/2015 Sheets G-l,G-2, G-3, G-4, C-7,C-2,C-3,C-4,C-4A,C-5,C-6,C-7,M-1,M-2,
M-3, M-4, S-1. S-2
Note: Contractor has priced the project based on plans and specifications provided by EOR and walkthrough
performed.
1. Contractor has not priced as part of this project any Other than normal Working Hours
2. Contractor has only submitted for 50o/o of the contaminated soil to be removed and replaced
3. where open cut excavation lvill cross the intersections, conhactor will milVresurface and
replace traffic loops. FDOT requirement.
4. A payment and Performance Bond is included as part of this project not to exceedZ.5%o
Contractor must abide by all rules all regulation, State, local, or federal guidelines as it relates to underground
construction.
Final
Page 1 ol 2
5t2212015
Scope of Work
ezlQC-NJPA-FL
177
Detailed Scope of Work Continues..
Work Order Number: 030803.00
Work Order Title: CMB - PWwater main installation
Owner Date
Scope of Work
ezlQC-NJPA-FL
Page 2 ot 2
5t22/2015
178
Job Order Contract
Proposal Review Summary - CSI
Date:
Work Order #:
Title:
Contractor:
Proposal Value:
Proposal Name:
Proposal Submitted:
May 21 ,20'15
030803.00
CMB - PW water main installation
FL-MDCAU06-052014-DMS - David Mancini & Sons, lnc
$1,559,891.94
CMB - PW water main installation Mikes
0512112015
01 - General Requirements:$220.483.3s
02 - Site Work:$54,486.85
22 - Plumbing:$14,02',t.21
23 - Heating, Ventilating, And Air-Conditioning (HVAC):$7't,667.47
31 - Earthwork:$181,293.30
32 - Exterior lmprovements:$410,847.74
33 - Utilities:$604.062.26
34 - Transportation:$3,029.75
Proposal Total
This proposal total represents the correct total for the proposal. Any discrepanry between line totals,
sub-totals and the orooosal total is due to roundino of the line toiels and sub-totals
The Percent of NPP on this Proposal: 4.95%
$1,559,891.94
Proposal Review Summary - CSI
fhe Gordian Group Oflicial Webs Feedback on lhis Report by Email
Page 1 of 1
5t21t2015
179
Job Order Contract
Proposal Review Detail - CSI
Date: May 21 ,2015
Work Order #: 030803.00
Title: CMB - PW water main installation
Contractor: FL-MDCAU0&052014-DMS - David Mancini & Sons, tnc.
Proposal Vatue: $1 ,559,891.94
Proposal Name: CMB - PW water main installation Mikes
ProPosal Submitted: o5l21l2o1s
Rec# CSI Number Mod. UOM Description Line Total
1 - General Reouirements
1 01 22 16 00-0002 EA Reimbursable Fees Reimbursable fees will be paid to the contraclor for the
actual cost, without mark-up, for which a receipt or bill is received. The
Adjustment Factor applied to Reimbursable Fees will be 1.0750. The labor
cost involved in obtaining all permits is in the Adjustment Factor. The base
cost of the Reimbursable Fee is g1 .00. The quantity used will adjust the base
cost to the actual Reimbursable Fee (e.9. quantity of 125 = $125.00
Reimbursable Fee). lf there are multiple Reimbursable Fees, each one shall
be listed separately with a comment in the "note" block to identiry the
Reimbursable Fees (e.9. sidewalk closure, road cut, various permits,
extended warrantee, expedited shipping costs, etc.). A copy ofeach receipt
shall be included with the Proposal.
$36,000.00
Quantity
lnstallation 36,000.00 x
Contractors Note: Bond 2.5% of proposal amount
Unit Price Factor Total
1.00 x 1.0000= $36,000.00
2 01 22 '16 00-0002 EA Reimbursable Fees Reimbursable fees will be paid to the contractor for the
actual cost, without mark-up, for which a receipt or bill is received. The
Adjustment Factor applied to Reimbursable Fees will be 1.0750. The labor
cost involved in obtaining all permits is in the Adjustment Factor. The base
cost of the Reimbursable Fee is $1.00. The quantity used will adjust the base
cost to the actual Reimbursable Fee (e.9. quantity of 125 = $'125.00
Reimbursable Fee). lf there are multiple Reimbursable Fees, each one shall
be listed separately with a comment in the "note" block to identify the
Reimbursable Fees (e.9. sidewalk closure, road cut, various permits,
extended warrantee, expedited shipping costs, etc.). A copy of each receipt
shall be included with the Proposal.
Quantity Unit Price Factor Totallnstallation 2O,O0O.OO x 1.OO x 1.0750 = $2.I,5OO.OO
Contractors Note: allowance for permiting
$21,500.00
3 01 22 20 00-0056 HR Flagperson For Traffic Control $13,518.36
Quantity Unit Price Factor Totallnstallation 460.00 x 25.89 x 1.1351 = $.13,518.36
4 01 222300-0228 MO 1" x 8' x 1 0' Steel Plate $2.248.72
Quantity Unit Price Faclor Totallnstallation p3O x 165.09 x 1.1351 = $2,248.22
5 01 2223 00-0234 MO 1" x 8'x 16'Steel Plate
Quantity Unit Price Factor Totallnstallation 23.00 x 399.97 x .1..135.1 = $1|0,442.14
Contractors Note: Changeweekto months
$10,442.14
6 01 222300-0422 WK Up To 16'Rails, 3 Cylinders, Aluminum Hydraulic Shoring Up to 88,'spread
width.
Quantity Unit Price Factor Totallnstallation 1O.OO x 75.05 x 1.'1351 = $851.89
ContractorsNote: Dewatering
$851.89
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030803 00
CMB - PW water main installation
Rec# CSI Number Mod. UOM Description Line Total
0'l - General
7 01 22 23 0G0980 $1,918.21WK 16,500 GPH, 3" Discharge, 85'Maximum Head, Gas Powered Portable
Centrifuoal Pumo
Factor
lnstallation 1O.OO x 168.99 x 1.1351 =
Contractors Note: Dewatering
Quantity Unit Price Total
$1,918.21
I 01 22 23 0G1004 WK 156,000 GPH, 6" Discharge, 160'Maximum Head, Diesel Powered Portable
Trash PumD
Quantity Unit Price Factor Total
lnstallation 1O.OO x 1,126.58 x 1.1351 = $12,782.A1
ContractorsNote: Dewatering
$12,787.81
9 01 222300-1047 WK 3" lnside Diameter, 20' Length, Suction Hose With Couplings
Quantity Unit Price Factor Total
lnstallation 20.00 x 59.38 x 1.1351 = $1,348.04
Contractors Note: Dewatering
$1,348.04
10 01 222300-1053 WK 6" lnside Diameter, 20' Length, Suction Hose With Couplings
Quantity Unit Price Factor Total
lnstallation 20.00 x ,tO4.3t x 1.'1351 = $2,369.41
Contractors Note: Dewatering
$2,369.41
11 01 55 26 00-0025 MO Channelizer Drum
Quantity Unit Price Factor Total
lnstallation 660.00 x 12.22 x 1.1351 = $9,192.27
Contractors Note: MOT
$9,192.27
12 01 55 26 00-0030 WK Type I Barricade, Up To 3'Wide Wth Reflective Rail Each Side $4,380.58
Quantity
lnstallation 1,440.00 x
ContractoB Note: MOT
Unit Price Factor
2.68 x '1.135'l =
Total
$4,380.58
13 01 55 26 00-0036 WK Type Ill Barricade, Up To 5'VMde With Three Reflective Rails $1 ,106.59
Quantity
lnstallation 144.00 x
Contractors Note: MOT
Unit Price Factor
6.77 x 1.'1351 =
Total
$1 ,106.59
14 0'l 55 26 00-0048 WK Type B Flasher (High lntensity)$7,449.09
QuantitY
lnstallation 875.00 x
Contractors Note: MOT
7.50 x 1.1351 =
Unit Price Factor Total
$7,449.09
15 01 55 26 00-0078 MO Aluminum Sign And Post
Quantity Unit Price Factor Total
lnstaltation 155.00 x 20.75 x 1.1351 = $3,650.77
Contractors Note: MOT signage
$3,650.77
16 01 55 26 00-0081 MO Aluminum Sign And A Frame Stand
Quantity Unit Price Factor Total
lnstallation 18O.OO x 27.31 x 1.1351 = $5,579.92
Contractors Note: MOT signage
$s.579.92
17 0't 55 26 00-0082 DAY Trailer Mounted Arrow Board
Quantity Unit Price Factor Total
lnstallation 52O.OO x 40.00 x 1-1351 = $23,610.08
Contractors Note: MOT
$23,610.08
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Rec# CSI Number
May 21 ,2015
030803.00
CMB - PW water main installation
Mod. UOM Description Line Total
- General irements
18 01 55 26 00-0087 MO Trailer Mounted Message Board $7,150.41
Contractors Note:
lnstallation
MOT
Quantity
7.O0 x
Unit Price
899.91
Factor
1.1351 =
Total
$7,150.41
19 01 55 26 00-0105 EA Place And Remove Crash Attenuator Barrels lf lifting equipment is not
available on site,
$5,16s.1 6
Quantity
180.00
l...lnit Price
25.2A
Factor
1.1351 =
Total
$5,16s.1 6lnstallation
Contractors Note: MOT
20 01 55 26 00-0108 EA Place And Remove >250 Cones By Hand From Roadside $1,384.82
Quantity
2,000.00
Unit Price
0.61
Factor
1.1351 =
Total
$1,384.82lnstallation
Contractors Note: MOT
21 01 56 26 00-0005 LF Temporary 6'High Chain Link Fence And Posts, Up To 6 Months $2,122.64
lnstallation
Quantity
1,000.00 x
Unit Price
1.87 x
Factor
1.1351 =
Total
$2,122.64
22 01 66 19 00-0005 CY Handling Material For Over 125' Per CY Of Material Per 125' For delivery,
demo or miscellaneous movino required by owner.
$1,427.96
lnstallation
Quantity
925.00 x
Unit Price
1.36 x
Factor
1.1351 =
Total
$1 ,427.96
01 71 13 00-0003 EA Equipment Delivery, Pickup, Mobilization And Demobilization Using A Tractor
Trailer Wth Up To 53' Bed lncludes delivery of equipment, off loading on site,
rigging, dismantling, loading and transporting away. For equipment such as
bulldozers, motor scrapers, hydraulic excavators, gradalls, road graders,
loader-backhoes, heavy duty construction loaders, traclors, pavers, rollers,
bridge finishers, straight mast construction forklifts, telescoping boom rough
terrain construction forklifts, telescoping and articulating boom manlifts with
>40' boom lenoths, etc.
$4,570.25
Quantity Unit Price
lnstallation 1O.OO x 402.63
ContractoB Note: Mobilization of heavy equipement Track, Loader, etc
Factor
1.1 351 =
Total
$4,570.25
24 01 71 23 '16-0005 HR 2 Person Survey Crew (Unit Of Measure ls Per Crew Hour Worked) lncludes
suryeyor. rodman. equipment and instruments.
$7,282.35
Quantity
40.00
Unit Price
160 39
Factor
1.1351 =
Total
$7.282.3slnstallation
ContractorsNote: CertifiedAsbuilts
25 0l 71 36 00-0008 Electromagnetic (SlR/GPR) Survey >4 To 500 SF Of Concrete, Masonry Or
Asphalt
$6,067.68
Quantity
lnstallation 1O.OO x
Unit Price
534.55
Factor
1.1351 =
Total
$6.067.68
Contractors Note: GPR required prior to installation of pipe hangers
26 01 74 19 00-0015 EA 20 CY Dumpster (3 Ton) "Construction Debris" lncludes delivery of
dumpster, rental cost, pick-up cost, hauling, and disposal fee.
Non-hazardous material.
$2.874.07
lnstallation
Quantity
6.00 x
Unit Price
422.O0
Factor
1.1351 =
Total
$2.874.07
27 01 74 19 00-0036 CY|\il Hauling On Paved Roads, First l5 Miles $11,477 .OO
lnstallation
Quantity
20,222.OO
Unit Price
0.50
Factor
1.1351 =
Total
$11,477.O0
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030803.00
CMB - PW water main installation
Mod. UOM Description Line Total
01 - General
01 74 19 00-0037 Hauling On Paved Roads, Miles Over lnitial 15 Miles $1 3,007.1 3CYM
lnstallation
Quantity Unit Price
33.703.00 x 0.34 x
Factor
1 .'1351 =
Total
$1 3,007.1 3
Subtotal for 0'l - General Requirements:$220,483.35
- Site Work
29 02 41 13 13-0012 SF Up To 3" By Hand, Break-up And Leave ln Place Bituminous Paving $793.78
Quantitylnstallation i,1.lO.OO x
Contractors Note: temp asphalt removal
Unit Price
0.63
Factor
1.1351 =
Total
$793.78
30 02 61 13 0G0004 CY Disposal Fees Of Contaminated Soil $53,693.07
Quantity
750.00 x
Contractors Note: Contractor stating there is contaminated soil
lnstallation
Unit Price
63.07
Factor
1.1351 =
Total
$53,693.07
Subtotal lor 02 - Site Work:$s4,486.85
22-
31 22 11 16 00-1111 EA 2" x 6" Long. Red Brass Pipe Nipple $2,284.28
lnstallation
Quantity
26.00 x
Unit Price
77.40
Factor
'1.1351 =
Total
$2.284.28
32 2321 1323-2432 Mod LF For Work ln Restricted Working Space, Add $1 1,736.93
Quantity
880.00 x
Unit Price
11.75
Factor
1-1351 =
Total
$1 1,736.93lnstallation
Contractors Note:
Subtotal for 22 - Plumbing:$14,02',t.21
23-And Air
33 23 05 23 00-0041 EA $3,971.716" Gate Valve, lron Body, Flanged, 125 LB, Bronze Trim, Wth Non Rising
Stem
lnstallation
Quantity
5.00
Unit Price
699.80
Factor
1 .1351 =
Total
$3,971.71
34 23 05 23 00-0041 Mod For 250 LB Rating, Add $'1,510.19
lnstallation
Quantity
5.00 x
Unit Price
266.09 x
Factor
1 .135'l =
Total
$1 ,510.19
35 23 05 23 0G0042 EA 8" Gate Valve, lron Body, Flanged, 125 LB, Bronze Trim, Wth Non Rising
Stem
$7.308.52
lnstallation
Quantity
6.00 x
Unit Price
1,073.11
Factor
1 .1351 =
Total
$7,308.52
36 ?3 05 23 00-0042 Mod For Work ln Restricted Working Space, Add $391.41
lnstallation
Quantjty
6.00 x
Unit Price
57.47 x
Factor
1.1351 =
Total
$391.41
37 23 05 23 00-0043 EA 10" GateValve, lron Body, Flanged, 125 LB, BronzeTrim, VMth Non Rising
Stem
$1,587.89
lnstallation
Quantity
1.00
Unit Price
1,398.90
Factor
1.1351 =
Total
$1,587.89
38 23 05 23 00-0043 EA For 250 LB Rating, AddMod $660.76
lnstallation
Quantity
1.00
Unit Price
582.12
Factor
1.1351 =
Total
$660.76
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030803.00
CMB - PW water main installation
Rec# CSI Number Mod. UOM Description Line Total
23-And
39 2321 1323-1358 EA 6" 11-114 Degree Elbow, Ductile lron, Grooved $454.52
Quantity Unit Price Factor Total
s454.52lnstallation 2.OO x 2OO.Z1 x 1.1351 =
40 2321 1323-1359 EA 8" 11-114 Degree Elbow, Ductile lron, Grooved $873.60
Quantity Unit Price Factor Totallnstallation 2.OO x 384.81 x 1.1351 = $873.60
41 2321 1323-2432 LF 20" SDR-21 HDPE Pipe
Quantity Unit Price Factor Total. lnstallation 88O.OO x 54.97 x 1.1351 = $54,908.87
Contractors Note: Water main Directional Bore pipping DR-11
$54,908.87
Subtotal lor 23 - Heating, Ventilating, And Air-Conditionir $71,667.47
31 - Earthwork
42 3'l 23 16 13-0005 CY Over 12" Wide, Excavation for Trenching by Machine in Loose Rock $21,793.90
QuantitYlnstallation 2,986.00 x
Unit Price Factor Total
6.43 x 1.'1351 = $21,793.90
43 31 23 16 13-0007 CY Excavation For Trenching By Hand ln Soil lncludes stockpiling excess
materials and trimming sides and bottom of trench.
Quantity Unit Price Factor Totallnstallation 4O.OO x 39.30 x .t.13S1 = $1,784.38
Contractors Note: ?
$1,784.38
44 3'r 23 16 '13-0008 CY Excavation For Trenching By Hand ln Loose Rock lncludes stockpiling
excess materials and trimminq sides and bottom of trench.
Quantity Unit Price Factor Totallnstallation 1O.OO x 62.42 x 1.1351 = $765.28
Contractors Note: ?
$765.28
45 31 23 16 13-001'l CY Backfilling or Placing Subbase for Trenches with lmported or Stockpiled
Materials by Hand
Quantity Unit Price Factor Totallnstallation 925.00 x 10.92 x 1.1351 = $11,465.65
Contractors Note: ?
$1 '1,46s.65
46 31 23 16'13-0019 CY Load Excess Material by Hand for Removal from Excavation for Trenching
Quantity Unit Price Factor Totallnstallation 27O.OO x 2A.A2 x 1.1351 = $8,832.67
Contractors Note: ?
$8,832.67
47 31 23 16 33-0007 CY Spreading, Shaping, and Rough Grading tmported or Stockpiled Material for
Bulk Excavation by Machine
$2,855.91
Quantity
lnstallation 925.00 x
Contractors Note: ?
Unit Price Factor
2.72 x 'l .1351 =
Total
$2,855.9'l
48 31 23'16 33-0009 CY Cutting, Shaping and Rough Grading Existing Elevations For Bulk Excavation
by Machine
Quantity Unit Price Factor Totallnstaflation 3,695.00 x 3.o2 x 1.1351 = $j2,666.47
Contractors Notei 925 +2770
$12,666.47
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Title:
Rec# CSI Number
May 21 ,2015
030803.00
CMB - PW water main installation
Mod. UOM Description Line Total
31 - Earthwork
49 31 23 16 33-0009 Mod CY For >1,000, Deduct $-1,887.39
lnstallation
Quantity
3,695.00
Unit Price
-0.45
Factor
1.1351 =
Total
$-1,887.39
Contractors Note:
50 31 23 16 33-0016 SY Finish Grading for Bulk Excavation by Machine $491.73
lnstallation
Quantity
1,444.00 x
Unit Price
0.30
Factor
1.1351 =
Total
$491.73
51 31 23 16 3&0016 SY Finish Grading for Bulk Excavation by Machine $642.92
lnstallation
Quantity
1,888.00 x
Unit Price
0.30
Faclor
1.'1351 =
Total
$642.92
52 31 23 16 33-0016 SY Finish Grading for Bulk Excavation by Machine s491.73
lnstallation
Quantity
1,444-00 x
Unit Price
0.30 x
Factor
1.1351 =
Total
s491.73
53 31 23 16 36-0022 CY Compaction Of Fill Or Subbase For Building Foundations and Other $3,775.80
Structures by Hand
lnstallation
Quantity
270.00 x
Unit Price
12.32 x
Factor
1.1351 =
Total
$3,775.80
54 31 23 '19 00-0003 LF Up To 100' ln Length Well Point System Delivery, lnstallation And Removal $59,358.92
Quantity
1,100.00
Unit Price
47.54 x
Factor
'1.'1351 =
Total
$59,358.92lnstallation
ContractorsNote: Dewatering
31 23 19 0&0010 LFD Up To 100' ln Length Well Point System Rental (LF x Days = Quantity)$66.743.88
Quantity
60,000.00
Unit Price
0.98 x
Factor
1.'1351 =
Total
$66,743.88lnstallation
ContractoBNote: Dewatering
56 31 23 19 00-0010 Mod LFD For>1 Month, Deduct $-1 8,388.62
lnstallation
Quantity
60.000.00 x
Unit Price
-0.27 x
Factor
1.1351 =
Total
$-1 8.388.62
57 31 24 13 0G0004 CY Cut, Shape, and Rough Grading for Roadways, Parking Areas, Landscaping
and Embankments by Machine in Soil
$9,900.07
lnstallation
Quantity
2,888.00 x
Unit Price
3.O2
Factor
1.1351 =
Total
$9,900.07
Subtotal for 31 - Earthwork:$181,293.30
- Exterior
58 32 01 16 71-0005 SY >6" To'l2" Depth, Production Cold Milling Of Asphalt $17,853.75
lnstallation
Quantity
4,333.00 x
Unit Price
3.63 x
Factor
1.1351 =
Total
$17,853.75
59 32 01 16 71-0010 SY >6" To 12" Depth, Limited Cold Milling Of Asphalt $18,980.79
lnstallation
Quantity
667.00 x
Unit Price
25.07
Factor
1.135'l =
Total
$18,980.79
60 32 11 16 00-0017 SY 12" Thick FDOT Limerock $107,542.44
lnstallation
Quantity
2,210.00 x
Unit Price
42.87
Factor
1.'1351 =
Total
$107.542.44
61 32 12 16 13-OO7 1 TON Superpave Leveling Course, SP-9.5 $21 9,952.91
lnstallation
Quantity
1,481.00
Unit Price
130.84
Factor
1.1351 =
Total
$219,9s2.9'l
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May 21,2015
030803.00
CMB - PW water main installation
Mod. UOM Oescription Line Total
32 - Exterior
62 32 12 16 13-0O7'l Mod For >1000, Deduct $-27,502.s2TON
lnstallation
Quantity
1,48'l .00
Unit Price
-1 6.36
Factor
I 1351 =
Total
$-27.502.52
Contractors Note:
63 32 12 16 13-0072 TON Superpave Traffic C, SP-9.5 $69,058.76
lnstallation
Quantity
496.00 x
Unit Price
122.66
Factor
1.1351 =
Total
$69,058.76
64 32'12 16 13-0072 Mod For >375 To 500, DeductTON $-5,1 79.69
lnstallation
Quantity
496,00
[.lnit Price
-9.20
Factor
1.1351 =
Total
$-5,1 79.69
Contractors Note:
32 17 23 33-0004 LF Single 6" Wide Solid Line, Thermoplastic Reflective Pavement Striping $921.70
lnstallation
Quantity
700.00 x
Unit Price
1.16 x
Factor
1.1351 =
Total
$921.70
66 32 l7 23 33-0008 LF Double 6" Wide Solid Lines, Thermoplastic Reflective Pavement Striping $4,880.93
lnstallation
Quantity
2,000.00 x
Unit Price
2.15 x
Factor
't.1351 =
Total
$4,880.93
67 32 17 23 33-0035 LF Single 6" Wde Solid Line, Thermoplastlc Reflective Pavement Striping By
Hand For Repairs
$998.89
lnstallation
Quantity
500.00 x
Unit Price
l./o x
Factor
1.1351 =
Total
s998.89
68 32 '17 23 33-0038 LF Single 24" VMde Solid Line, Thermoplastic Reflective Pavement Striping By
Hand For Repairs
$610.91
lnstallation
Quantity
90.00 x
Unit Price
5.98 x
Factor
1 .1351 =
Total
$610.91
32 92 23 00-0013 MSF >4,000 To 8,000 SF, Zoysia Sod, lnstalled On Level Ground $2,728.87
Quantity
4.00 x
Unit Price
601.02
Factor
1.1351 =
Total
$2,728.87lnstallation
Contracto6 Note: Sodd replacement
Subtotal tor 32 - Exterior lmprovements:$410,847.74
33 - Utilities
70 33 00 00 0G0000 Heavy Duty Stainless Steel Hanger for 20" DIP (bridge)$33,640:99
NPP Task Quantity
33.00 x
Unii Price
820.00
Factor
1.2432 =
' Total
$33.640.99lnstallation
33 00 00 0G0000 20" restraining Gasket For DIP $36,052.80
NPP TasK Quantity
50.00 x
Unit Price
580,00
Factor
1.2432 =
Total
$36,052.80lnslallation
72 33 00 00 00-0000 6" restraining Gasket for 6" DIP $1,280.50
NPP Task Quantity
10.00 x
Unit Price
103.00
Factor
1.2432 =
Total
$'1,280.50lnstaIation
33 00 00 00-0001 '16" restraining Gasket for 16" DlP $1.426.82
NPP Task Quantity
3.00 x
Unit Price
4'19.00
Factor
1.1351 =
Total
$1,426.82lnstallation
74 33 00 00 0G0004 8" restraining Gasket for DIP $2,367.0s
NPP TasK Quantity
14.OO
Unit Price
136.00
Factor
1.2432 =
Total
$2.367.0sInstallation
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CMB - PW water main installation
Mod. UOM Description Line Total
33 - Utilities
75 33000-0003 1?' Restraining Gasket for DIP $2,386.94
NPP Task Quantity
'10.00 x
Unit Price
fi2.no
Factor
1.2432 =
Total
$2,386.94lnstallation
76 33 01 30 5'l-0359 8" Pipe Plug $414.99
lnstallation
Quantity
4.O0 x
Unit Price
91.40 x
Factor
1.1351
Total
s414.99
33 05 23 13-0032 LF 24" Diameter Directional Boring For Horizontal Pipe, Underground $47,296.21
lnstallation
Quantity
860.00 x
Unit Price
48.45 x
Factor
1 .'1351 =
Total
$47.296.21
33 11 13 13-0021 EA 6" 90 Degree Elbow, Mechanical Joint Ductile lron $990.74
lnstallation
Quantity
2.Oo x
Unit Price
436.41 x
Factor
1.1351 =
Total
s990.74
33 11 13 13-0021 Mod EA For Cement Lining, Add ANSIIA\I]r'r'VAC1O4lA21.4 $90.04
lnstallation
Quantity
2.O0 x
Unit Price
39.66
Factor
1 .1351 =
Total
$90.04
Contractors Note:
80 33 1'l 13 13-0021 Mod EA For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSI/AWVA C151tA21.51 $67.54
lnstallation
Quantity
2.00
Unit Price
29.75 x
Factor
1.1351 =
Total
$67.54
Contractors Note:
81 33 11 13 13-0024 EA '12" 90 Degree Elbow, Mechanical Joint Ductile lron $2,882.59
lnstallation
Quantlty
2.OO x
Unit Price
1,269.75 x
Factor
't .1351 =
Total
$2,882.59
82 33 11 13 13-OO24 Mod EA For Cement Lining, Add ANSI I A'fr'r/A C1041 A21.4 $274.76
lnstallation
Quantity
2.00 x
Unit Price
121.03 x
Factor
1.1351 =
Total
$274.76
33 11 13 13-0024 Mod EA For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSI/AWWA C151lAZ1.S1 $206.07
lnstallation
Quantity
2.00 x
Unit Price
90.77 x
Factor
1.1351 =
Total
$206.07
84 33 1'l 13 '13-0028 EA 20" 90 Degree Elbow, Mechanical Joint Ductile lron $12,463.85
lnstallation
Quantity
4.00 x
Unit Price
2.745.10 x
Factor
1.'1351 =
Total
$12,463.85
85 33 11 13 13-0028 Mod EA For Cement Lining, Add ANSI/AWWA C1041A21.4 $1.185.77
lnstallation
Quantity
4.00
Unii Price
261.16
Factor
'l.1351 =
Total
$1,185.77
Contractors Note:
86 33 11 13 13-0038 EA 8" 45 Degree Elbow, Mechanical Joint Ductile lron $3,230.06
lnstallation
Quantity
6.00 x
Unit Price
474.27 x
Factor
1 .1351 =
Total
$3,230.06
ot 33 11 13 1$0038 Mod For Cement Lining, Add ANSI/A\ rWA C1041A21.4 $290.88
lnstallation
Quantity
6.00 x
Unit Price
42.71 x
Factor
1.1351 =
Total
$290.88
88 33 11 '13 13-0038 Mod For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSYAWWA C1511A21.51 $218.14
lnstallation
Quantity
6.00
Unit Price
32.03 x
Factor
1.t351 =
Total
$218.14
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187
Proposal Review Detail - CSI Continued..
Date:
Work Order #:
Title:
Rec# CSI Number
May 21,2015
030803.00
CMB - PW water main installation
Mod. UOM Description Line Total
33 - Utilities
89 33 11 13 13-OO44 EA 20" 45 Degree Elbow, Mechanical Joint Ductile lron $4s,415.19
lnstallation
Quantity Unit Price
18.00 x 2.222.77 x
Factor
1.1351 =
Total
$45,41 5.19
90 33 11 '13 13-0044 Mod For Cement Lining, Add ANSIIAWWA C1041A21 .4 $4,268.82
lnstallation
Quantity
18.00 x
Unit Price
208.93 x
Factor
1 .'1351 =
Total
$4.268.82
91 33 11 13 13-0044 Mod For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSI/A\AA/|/A Ci51lA21.S1 $3,201.66
lnstallation
Quantity
18.00 x
Unit Price
156.70 x
Factor
1.'135't =
Total
$3,201.66
92 33 11 '13 13-0054 EA 8" 22-112 Degree Elbow, Mechanical Joint Ductile lron $1,054.42
lnstallation
Quantity
2.O0 x
Unit Price
464.46 x
Factor
1.1351 =
Total
$1,054.42
93 33 11 13 13-0054 EA 8'22-112 Degree Elbow, Mechanical Joint Ductile lron $2,1 08.83
lnstallation
Quantity
4.00 x
Unit Price
464.46 x
Factor
1 .'1351 =
Total
$2,1 08.83
94 33 11 13 13-0060 EA 20" 22-112 Degree Elbow, Mechanical Joint Duclile lron $4,665.78
lnstallation
Quantity
2.OO x
Unit Price
2.055.23 x
Factor
1.1351 =
Total
$4,66s.78
95 33 11 13 13-0060 Mod For Cement Lining, Add ANSIIA'r'oIUA C1041A21.4 s436.26
lnstallation
Quantity
2.00 x
Unit Price
192.17 x
Factor
1.'1351 =
Total
$436.26
33 11 13'13-0060 Mod For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSI/A\
^/VA
C1511A21.51 $327.20
lnstallation
Quantity
2.O0 x
Unit Price
144.13
Factor
1.1351 =
Total
s327.20
97 33 11 13 13-0072 EA 6" x 6" Tee, Mechanical Joint Ductile lron $5s8.07
lnstallation
Quantity
'1.00 x
Unit Price
491.65 x
Factor
1.1351 =
Total
$558.07
98 33 11 13 13-OO72 Mod EA For Cement Lining, Add ANSllAWWAC104lA21.4 $49.1 I
lnstallation
Quantity
1.00
Unit Price
43.33
Factor
1.1351 =
Total
$49.1 I
Contractors Note:
99 33 11 13 13-0072 Mod EA For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSI/AWWA C151lAZi.51 $36.88
lnstallation
Quantity
1.00
Unit Price
32.49
Factor
1 .'1351 =
Total
$36.88
ContractoB Note:
100 33 11 13 13-0072 EA 6" x 6" Tee, Mechanical Joint Ductile lron $601.84
lnstallation
Demolition
Quantity
1.00 x
1.00 x
Unit Price
491.65 x
38.56 x
Factor
1 .1351
1 .1351
Total
$558.07
$43.77
101 33 11 13 13-0072 Mod EA For Cement Lining, Add ANSI IAWWA C1041A21 .4 $49.1 8
lnstallation
Quantity
'1.00 x
Unit Price
43.33 x
Factor
1.1351 =
Total
$49.1 I
102 33 11 13 13-OO72 Mod EA For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSI/AWWA C1511A21.51 $36.88
lnstallation
Quantity
1.00
Unit Price
32.49
Factor
1 .1351 =
Total
$36.88
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Proposal Review Detail - CSI Continued..
Date:
Work Order #:
Title:
Rec# CSI Number
May 21,2015
030803.00
CMB - PWwater main installation
Mod. UOM Description Line Total
33 - Utilities
33 '11 13 '13-0074 EA 8" x 6" Tee, Mechanical Joint Ductile lron $2,393.03
lnstallation
Demolition
Quantity Unit Price
4.00 x
1.00 x
515.36 x
46.77 x
Factor
'l .1351
'l .1351
Total
$2,339.94
$53.09
104 33 11 13 13-0074 Mod EA For Cement Lining, Add ANSIIAV{WA C1041A21 .4 $201.82
lnstallation
Quantity
4.00 x
Unit Price
44.45 x
Factor
'l .'l 351 =
Total
s201.82
105 33 11 13 13-0074 Mod EA For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSI/A\
^/VA
C1S1tA21|.S1 $151.38
lnstallation
Quantity
4.00 x
unit Price
33.34
Factor
1 .1351 =
Total
$151.38
106 33 11 13 13-0075 EA 8" x 8" Tee, Mechanical Joint Ductile lron $620.68
lnstallation
Quantity
1.00 x
Unit Price
546.81 x
Factor
1.1351 =
Total
$620.68
107 33 11 13 13-0075 Mod EA For Cement Lining, Add ANSIIA\l\MlA C1O4|A21 .4 $54.03
lnstallation
Quantity
1.00
Unit Price
47.60
Factor
1 .1351 =
Total
$s4.03
Contractors Note:
108 33 11 13 13-0075 EA 8" x 8" Tee, Mechanical Joint Ductile lron $1,241 .37
lnstallation
Quantity
2.00 x
Unit Price
546.81
Factor
1 .1351 =
Total
$1,241 .37
109 33 1 't 13 13-0079 EA 10" x 1 0" Tee, Mechanical Joint Ductile lron $789.48
Inslallation
Quantity
1.00 x
Unit Price
695.52 x
Factor
1.1351 =
Total
$789.48
110 33 11 13 13-0079 Mod EA For Cement Lining, Add ANSyAWWA C1041A21.4 $70.29
lnstallation
Quantity
'1.00 x
Unit Price
61.92 x
Factor
1.1351
Total
$70.29
111 33'11 13 13-0079 Mod EA For Bituminous Or Coai Tar Coating, 1 Mil, Add ANSI/AWWA C151tA21.51 $52.71
lnstallation
Quantity
1.00 x
unit Price
46.44 x
Factor
1.1 351 =
Total
$52.71
112 33 11 13 13-0084 EA 12" x 12" Tee. Mechanical Joint Ductile lron $1,039.92
lnstallation
Quantity
1.00 x
Unit Price
916.15 x
Factor
1.1351 =
Total
$1,039.92
113 33 11 13 13-0084 Mod EA For Cement Lining, Add ANSIIAWWA C1041A21 .4 s94.03
lnstallation
Quantity
1.00 x
Unit Price
82.84 x
Factor
1.1351 =
Total
$94.03
114 33 1'l 13'13-0084 Mod EA For Bituminous Or Coal Tar Coating, 1 Mil, Add ANS|/A\ /WA C151tA21.Sl $70.52
lnstallation
Quantity
1.00 x
Unit Price
62.13
Factor
1.1351 =
Total
$70.s2
115 33 11 13 13-0097 EA 16" x 16" Tee, Mechanical Joint Ductile lron $3,796.63
lnstallation
Quantity
'1.00 x
Unit Price
3,344.75 x
Factor
1.1351 =
Total
$3,796.63
116 33 11 13 13-0097 For Cement Lining, Add ANS|lAW,,tAC104tAZ1.4 $364.54
lnstallation
Quantity
1.0o x
Unit Price
321.15 x
Faclor
1 .1351 =
Total
s364.54
117 33 11 13 13-0097 Mod For Bituminous Or Coal Tar Coating, 1 Mil, Add ANS|/A\ A/VA C1511A21 .51 $273.40
lnstallation
Quantity
1.00
Unit Price
240.86
Factor
'1.1351 =
Total
$273.40
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189
Proposal Review Detail - CSI Continued..
Date:
Work Order #:
Title:
Rec# CSI Number
May 21,2015
030803.00
CMB - PW water main installation
Mod. UOM Description Line Total
33 - Utitities
118 33 11 13'r3-0097 EA 16" x 16" Tee, Mechanical Joint Ductile lron $3,796.63
lnstallation
Quantity
'1.00 x
Unit Price
3.344.75 x
Factor
1 1351 =
Total
$3,796.63
119 33 11 13 13-0097 Mod EA For Cement Lining, Add ANSI/A\
^r'|/A
C104/A21.4 $364.54
lnstallation
Quantity
1.00
Unit Price
321.15 x
Factor
'1.1351 =
Total
$364.54
Contractors Note:
120 33 11 13 '130097 Mod EA For Bituminous Or Coal Tar Coating, 'l Mil, Add ANSI/AWWA C1511A21.51 $273.40
lnstallation
Quantity
1.00
LJnit Prie
240.86
Factor
'1.'1351 =
Total
$273.40
Contractors Note:
121 33 'l 1 13 13-0105 EA 20" x 6" Tee, Mechanical Joint Ductile lron $4,786.43
lnstallation
Demolition
Quantity
1.00 x
1.00 x
Unit Price
4,040.46 x
176.29 x
Factor
1 .1 351
1 .135'l
Total
$4,s86.33
$200.1 1
122 33 11 1313-010s Mod For Cement Lining, Add ANSI/A\ iWA C1041A21.4 $428.32
lnstallation
Quantity
1.00 x
Unit Price
377.34 x
Factor
'1.1351 =
Total
$428.32
123 33 11 13'13-0105 Mod For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSI/AWWA C1511A21.51 $321.23
lnstallation
Quantity
1.00 x
Unit Price
283.00
Factor
1 .'135't =
Total
$321.23
124 33 1'l 13 13-0108 EA 20" x 12" Tee, Mechanical Joint Ductile lron $4,881.02
lnstallation
Quantity
1.00 x
Unit Price
4,300.08 x
Factor
'l .1351
Total
$4,881.02
125 33'11 13 13-0108 Mod For Cement Lining, Add ANSI/AVWA C1041A21.4 s457.79
lnstallation
Quantity
'1.00 x
Unit Price
403.30 x
Factor
1.1351 =
Total
$457.79
126 33 1 t 13 13-0108 lvlod For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSUAWWA C1511A21.51 $343.33
lnstallation
Quantity
1.00 x
Unit Price
302.47
Factor
1 .1351 =
Total
$343.33
127 33 11 13 13-0110 EA 20" x'l6" Tee, Mechanical Joint Ductile lron $s,817.58
lnstallation
Quantity
1.00 x
Unit Price
5,125.17 x
Factor
1.1351 =
Total
$5,817.58
128 33 11 13 13-0110 Mod For Cement Lining, Add ANSI IAWWA C1041A21 .4 $551.44
lnstallation
Quantity
't.00 x
Unit Price
485.81 x
Factor
1.1351 =
Total
$551.44
129 33'11 13 13-0110 Mod For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSI/AWWA C1511A21.51 $413.59
lnstallation
Quantity
1.00 x
Unit Price
364 36
Factor
1.1351 =
Total
$413.59
130 33 11 13 13-0202 EA 20'' x 8" Cross, Mechanical Joint Ductile lron $5,010.57
lnstallation
Quantity
1.00 x
LJnit Price
4.414.21 x
Factor
1 .1351 =
Total
$5,010.57
141 33 11 13 13-0202 Mod For Cement Lining, Add ANSI/AmVA C1041A21.4 $469.90
lnsiallation
Quantity
'1.00
Unit Price
413 97
Factor
1.1351 =
Total
$469.90
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Date:
Work Order #:
Title:
Rec# CSI Number
May 21 ,2015
030803.00
CMB - PW water main installation
Mod. UOM Description Line Total
33 - Utilities
132 33 11 13 13-0202 Mod For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSI/AWWA C1511A21.51 $352.43
lnstallation 1.00 x 310.48 x
Factor
1 .1351 =
Total
s352.43
Quantity Unit Price
133 33 11 13 13-0264 EA 1 2" x 8" Mechanical Joint x Mechanical Joint Reducer, Duclile lron $490.23
lnstallation
Quantity
1.00 x
Unit Price
431.88 x
Factor
I .1351 =
Total
$490.23
134 33 1'l '13 13-0264 Mod EA For Cement Lining, Add ANSI/AWWA C104/A21.4 $42.27
lnstallation
Quantity
1.00 x
Unit Price
37.24 x
Factor
'l .1351 =
Total
942.27
135 33'11 13 13-0264 EA For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSI/AWWA C1511421.51 $31.70
lnstallation
Quantity
1.00 x
Unit Price
27.93 x
Factor
1.1351 =
Total
$31.70
136 33 11 13 13-0280 EA 20" x '10" Mechanical Joint x Mechanical Joint Reducer, Ductile lron $2,436.41
lnstallation
Quantity
1.00 x
Unit Price
2j46.43 x
Factor
1 .1351 =
Total
$2,436.41
137 33 11 13 13-0280 Mod EA For Cement Lining, Add ANSI/AWWA C104/A21.4 s224.48
lnstallation
Quantity
1.00 x
Unit Price
201.29 x
Factor
1.'t 351 =
Total
$228.48
138 33'11 13 13-0280 Mod EA For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSI/AWWA C1511421.51 $171.37
lnstallation
Quantity
1.00 x
Unit Price
150.97 x
Factor
1 1351 =
Total
$171.37
139 33 1'l 13 13-0328 EA 8" Mechanical Joint Cap, Ductile lron $1.284.34
lnstallation
Quantity
4.00 x
Unit Price
282.87 x
Factor
1.1351 =
Total
$1.284.34
140 33 11 13 13-0328 Mod EA For Cement Lining, Add ANSIIAWWA C1041A21.4 s89.04
lnstallation
Quantity
400 x
Unit Price
19.61 x
Factor
1.'1351 =
Total
$89.04
141 33 1 '1 13 13-0328 lvlod EA For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSI/AWWA C1511421.51 $66.79
lnstallation
Quantity
4.00 x
Unit Price
14.71
Factor
1.1351 =
Total
$66.79
142 33 11 13 13-0328 EA 8" Mechanical Joint Cap, Ductile lron $1,284.34
lnstallation
Quantity
4.00 x
Unit Price
282.87 x
Faclor
1.1351 =
Total
$1,284.34
143 33 1'1 13 13-0328 EA For Cement Lining, Add ANSIIAWVUA C1041A21.4 $89.04
lnstallation
Quantity
4.00 x
Unit Price
19.61 x
Factor
1.1351 =
Total
$89.04
144 33 11 13 13-0328 Mod EA For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSI/AWWA C1511A21.51 $66.79
lnstallation
Quantity
4.00 x
Unit Price
14.71
Factor
1.1351 =
Total
$66.79
145 33 11 13 13-0332 EA 16" l\ilechanical Joint Cap, Ductile lron $4,682.47
lnstallation
Quantity
4.00 x
Unit Price
1,03'1.29 x
Factor
1.1351 =
Total
$4,682.47
146 33 11 13 13-0332 Mod For Cement Lining, Add ANSyAWWA C1041A21.4 $391.29
lnstallation
Quantity
4.00 x
Unit Price
86.18 x
Factor
1.1351 =
Total
$391.29
147 33 11 '13 '13-0332 For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSI/AWWA C1511A21.51 $293.45
lnstallation
Quantity
4.00
Unit Price
64.63
Factor
1.1351 =
Total
$293.45
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Proposal Review Detail - CSI Continued..
Date:
Work Order #:
Title:
Rec# GSI Number
May 21 ,2015
030803.00
CMB - PW water main installation
Mod. UOM Description Line Total
33 - Utilities
148 33 11 13 13-0334 EA 20" Mechanical Joint Cap, Ductile lron $7.365.94
lnstallation
Quantity
4.00 x
Unit Price
1,622.31 x
Factor
1.1351 =
Total
$7,365.94
149 33 11 13 13-0334 Mod For Cement Lining, Add ANSI IAWWA C1041A21.4 $637.65
lnstallation
Quantity
4.00 x
Unit Price
140.44 x
Factor
1.1351 =
Total
$637.65
150 33 11 13't3-0334 Mod For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSI/A\ /WA C1511A21.51 $478.24
lnstallation
Quantity
4.00 )(
Unit Price
105.33 x
Faclor
1.'1351 =
Total
$478.24
151 33 11 13 13-0375 EA 6" Mechanical Joint x Mechanical Joint Solid Sleeve. Ductile lron $939.89
lnstallation
Quantity
2.00 x
Unit Price
414.01 x
Factor
1.1351 =
Total
$939.89
152 33 1'l '1313-0376 EA 8" Mechanical Joint x Mechanical Joint Solid Sleeve, Ductile lron $1,185.93
lnstallation
Quantity
2.O0 x
Unit Price
522.39 x
Factor
1 .'1 351 =
Total
$1,185.93
1Ea 33'11 13 13-0377 EA 10" Mechanical Joint x Mechanical Joint Solid Sleeve. Ductile lron $796.58
lnstallation
Quantity
100 x
Unit Price
701.77 x
Factor
1.1351 =
Total
$796.58
154 33 11 13 13-0377 Mod EA For Cement Lining, Add ANSI/AWWA C1041A21.4 $58.02
lnstallation
Quantity
1.00 x
Unit Price
51.1 1 x
Faclor
1.1351 =
Total
$58.01
155 33 11 13 13-0377 Mod EA For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSI/AWWA C1511A21.51 s43.51
Installation
Quantity
'1.00 x
Unit Price
38.33 x
Factor
1.1 351 =
Total
$43.5'l
156 33 11 13'13-0378 EA 12" Mechanical Joint x Mechanical Joint Solid Sleeve, Ductile lron $1,922.59
lnstallation
Quantity
2.O0 x
Unit Price
846.88 x
Factor
1 .135'l =
Total
$1,922.s9
157 33 11 13 13-0378 Mod EA For Cement Lining, Add ANSIIAWWA C1041A21 .4 $145.02
lnstallation
Quantity
2.OO x
Unit Price
63.88 x
Factor
1.1351 =
Total
$1 45.02
158 33 11 13 13-0378 Mod EA For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSI/A\ A//A C1511A21.51 $1 08.77
lnstallation
Quantity
2.O0 x
Unit Price
47.91 x
Factor
1.1351 =
Total
$108.77
159 33 11 13 13-0380 EA l6" Mechanical Joint x Mechanical Joint Solid Sleeve. Ductile lron $1,71 1.91
lnstallation
Quantity
1.00 x
Unit Price
1 ,508.16 x
Factor
1.1351 =
Total
$1 ,71 1.91
160 33 11 13 13-0380 Mod EA For Cement Lining, Add ANSI lA\I\MIA C1041A21.4 $1 42.33
lnstallation
Quantity
1.00 x
Unit Price
125.39 x
Factor
1 .'1351 =
Total
$142.33
161 33 1'l 13 13-0380 Mod EA For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSI/AWWA C1511A21.51 $1 06.74
lnstallation
Quantity
1.00 x
Unit Price
94.04 x
Factor
1 't351 =
Total
$106.74
162 33 11 13 13-0391 EA 6" Pipe And Fitting Restraint, Mechanical Joint Ductile lron (Megalug 'l 100)$688.1 4
lnstallation
Quantity
6.00 x
Unit Price
101.04 x
Factor
1.1351 =
Total
$688.1 4
163 33 11 13 13-0391 Mod EA For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSI/A\ /WA C1511A21.51 $22.O7
lnstallation
Quantity
6.00 x
Unit Price
3.24
Factor
1.1351 =
Total
$22.07
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192
Proposal Review Detail - CSI Continued..
Date:
Work Order #:
Tifle:
Rec# CSI Number
May 21 ,2015
030803.00
CMB - PW water main installation
Mod. UOM Description Line Total
33 - Utilities
164 33 11 13 13-0391 EA 6" Pipe And Fitting Restraint, Mechanical Joint Ductile lron (Megalug 1 100)$2.752.57
lnstallation 24-00 x 101.04 x
Factor
't .1351 =
Total
$2,752.57
Quantity Unit Price
165 33 1'1 13110391 Mod EA For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSUA\ /wA C1511A21.51 $88.27
lnstallation
Quantity
24.OO x
Unit Price
3.24 x
Factor
1.1351 =
Total
$88.27
166 33 1'l 13 13-0392 EA 8" Pipe And Fitting Restraint, Mechanical Joint Ductile lron (Megalug 1 100)$5,476.1 3
lnstallation
Quantity
36.00 x
Unit Price
134.01 x
Factor
1 .1351 =
Total
$5,476.1 3
167 33'11 13 13-0392 Mod For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSUA\ A//A C151tA21.51 s203.91
lnstallation
Quantity
36.00 x
Unit Price
4.99 x
Factor
'1.1351 =
Total
$203.91
168 33 11 13 1&0394 EA 12" Pipe And Fitting Restraint, Mechanical Joint Ductile lron (Megalug 1 1 00)$8.012.44
lnstallation
Quantity
28.00 x
Unit Price
252.10 x
Factor
1.1351 =
Total
$8,012.44
169 33'l't 1313-0394 For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSI/A\ A//A C1511A21.51 $231.41
lnstallation
Quantity
19.00 x
Unit Price
10.73 x
Factor
1 135't =
Total
$231.41
170 33 11 13'13-0396 EA 16" Pipe And Fitting Restraint, Mechanical Joint Ductile lron (Megalug 1100)$8,372.92
lnstallation
Quantity
19.00 x
Unit Price
388.23 x
Factor
1.1351 =
Total
$8,372.92
171 33 11 13 13-0396 Mod For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSI/AWWA C1511A21.51 $422.24
lnstallation
Quantity
19.00 x
Unit Price
19.58 x
Factor
1.1351 =
Total
s422.28
172 33'11 13 13-0398 EA 20" Pipe And Fitting Restraint, Mechanical Joint Ductile lron (Megalug 1100)$41,277.73
lnstallation
Quantity
58.00 x
Unit Price
626.98 x
Factor
1.1351 =
Total
$41,277 .73
173 33 11 13 13-0398 For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSI/AWWA C151tA21.5j $2.258.83
lnstallation
Quantity
58.00 x
Unit Price
34.31
Factor
't .'t 351 =
Total
$2,258.83
174 33 11 13 13-0408 LF 6" Push-On Joint Ductile lron Pipe $4,871.85
lnstallation
Quantity
200 00 x
Unit Price
21.46 x
Factor
1.1351 =
Total
$4,871.85
175 33 11 13 13-0408 Mod For Cement Lining, Add ANSI IA'r'oIIA C1041A21 .4 $358.69
lnstallation
Quantity
200.00 x
Unit Price
1.58 x
Factor
'1.'1351 =
Total
$358.69
176 33 11 13 1$0408 Mod For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSI/A\ /wA C1511A21.51 $267.88
lnstallation
Quantity
200.00 x
Unit Price
1.18
Factor
1.1351 =
Total
$267.88
177 33 11 '13 13-0408 Mod For Class 53, Add $1 ,026.1 3
lnstallation
Quantity
200,00 x
Unit Price
4.52
Faclor
't.1351 =
Total
$ 1,026.13
178 33 11 't3 13-0409 LF 8" Push-On Joint Duclile lron Pipe $9,083.52
lnstallation
Quantity
280.00 x
Unit Price
28.58 x
Factor
1.1351 =
Total
$9,083.52
179 33 11 '13 13-0409 Mod For Cement Lining, Add ANSIIAWWA C1041A21.4 $71 1.93
lnstallation
Quantity
280.00
Unit Price
2.24
Factor
1 .1351 =
Total
$711 .93
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Date:
Work Order #:
Title:
Rec# CSI Number
May 21,2015
030803.00
CMB - PW water main installation
Mod. UOM Description Line Total
- Utilities
180 33 11 13 13-0409 Mod For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSyA\ /vVA C1511A21.51 $533.95
lnstallation 280.00 x 1.68 x
Factor
1.1351 =
Total
$533.95
Quantity Unit Price
181 33 11 13 13-0409 Mod For Class 52, Add $1,325.34
lnstallation
Quantity
280.00 x
Unit Price
4.17
Factor
1.1351 =
Total
$1,325.34
182 33 11'13 13-0410 LF '10" Push-On Joint Ductile lron Pipe $1,297.42
lnstallation
Quantity
30.00 x
Unit Price
38.10 x
Factor
1.1351 =
Total
$1,297 .42
183 33 11 13 13-0410 Mod For Cement Lining, Add ANSI/AWWA C1041421.4 $100.46
lnstallation
Quantity
30.00 x
Unit Price
2.95 x
Factor
1.1351 =
Total
s'100.46
184 33 1'l 13 13-0410 Mod For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSI/AWWA C1511421.51 s75.26
lnstallation
Quantity
30.00
Unit Price
2.21 x
Factor
1 1351 =
Total
$75.26
185 33 11 13 13-0410 Mod For Class 52, Add s1 87.97
lnstallalion
Quantity
30.00 x
Unit Price Factor
1 .'1351 =
Total
$'187.97
186 33 11 13 13-0411 LF '12" Push-On Joint Ductile lron Pipe $11,234.43
lnstallation
Quantity
210 00 x
Unit Price
47.13 x
Factor
1.1351 =
Total
$11.234.43
187 33 11 13 13-0411 Mod For Cement Lining, Add ANSI/AWWA C1041A21.4 $896.28
lnstallation
Quantity
210.00 )(
Unit Price
3.76 x
Factor
1 .1351 =
Total
s896.27
188 33 11 13 13-O4't1 Mod For Bituminous Or Coal Tar Coating, I Mil, Add ANSI/AWWA C1511A21 .51 $672.21
lnstallation
Quantity
210.O0
Unit Price
2.82
Factor
1.1351 =
Total
$672.21
189 33 I'l 13 13.041 1 Mod For Class 52, Add $1.666.21
Installation
Quantity
210.00 x
Unit Price
699
Faclor
1.1351 =
Total
$1,666.21
190 33 11 13 13-0413 LF 16" Push-On Joint Ductile lron Pipe $4,605.33
lnstallation
Quantity
60.00 x
Unit Price
67.62 x
Factor
1 .1351 =
Total
$4,605.33
191 33 11 13 13-0413 Mod LF For Cement Lining, Add ANSIIAVWIA C1041421 .4 $377.31
lnstallation
Quantity
60.00 x
Unit Price
5.54 x
Factor
1 .'1351 =
Total
$377_3'l
192 33 11 1313-0413 LF For Bituminous Or Coal Tar Coating, 'l Mil, Add ANSUAWWA C1511A21.51 $282.64
lnstallation
Quantity
60.00
Unit Price
4.15 x
Factor
1.1351 =
Total
$282.64
33 11 13 13-0413 Mod LF For Class 52. Add $698.77
lnstallation
Quantity
50.00 x
Unit Price
10.26
Factor
1 .'1351 =
Total
$698.77
194 33 11 13 13-0415 LF 20" Push-On Joint Ductile lron Pipe $124,910.94
lnstallation
Demolition
Quantity
'1,100.00
1.000.00
Unit Price
89.74
11.33
Factor
1 .1 351
1 .1 351
Total
$'112,050.26
$12,860.68
x
x
x
x
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Proposal Review Detail - CSI Continued..
Date:
Work Order #:
Title:
May 21,2015
030803.00
CMB - PW water main installation
Rec# CSI Number Mod. UOM Description Line Total
33 - Utilities
195 33 11 13 13-0415 Mod For Cement Lining, Add ANSI/AWWA C1O41A21.4 $9,064.91
Quantity Unit Price Factor Total
$9,064.91lnstallation 1,1OO.OO x 7.26 x 1.1351 =
196 33 11 13 13-0415 Mod For Bituminous Or Coal Tar Coating, 1 Mil, Add ANSI/AWWA C1511A21.51 $6,792.44
Quantitylnstallation 1 ,1OO.OO x
Unit Price Factor
5.44 x 1.1351 =
Total
$6,792.44
197 33 1'l 1313-04'15 Mod For Class 52, Add $16,818.78
Quantity Unit Price Factor Totallnstallation 1,1OO.OO x 19.47 x 1.1351 = $16,818.78
198 33 11 't3 13-0459 EA 8" Pipe And Fitting Restraint, Push-On Joint Ductite tron
Quantlty Unit Price Factor Totallnstallation 28O.OO x 43.6.1 x 1.1351 = $13,860.48
Contractors Note: water main
$13,860.48
199 33 11 1323-0192 LF 10'A\AiWA C9OO, DR 14, PR 2OO PVC P|PC
Quantity Unit Price Factor Totallnstallation 1O5.OO x 25.83 x 1.1351 = $3,078.56
Contractors Note: water main
$3,078.56
200 33 11 13 43-0003 LF 3" To 8" Diameter, 8 Mil Polyethylene Encasement Tubing s146.43
Quantitytnstallation 3OO.OO x
Contractors Note: water main
0.43 x 1.'1351 =
Unit Price Factor Total
$146.43
201 3311 1343-0004 LF 10" To 12" Diameter, I Mil Polyethylene Encasement Tubing $241.78
Quantitylnstallation 3OO.OO x
Contractors Note: water maln
0.71 x 1.'1351 =
Unit Price Factor Total
$241.78
202 3311'1343-0006 LF 18" To 20" Diameter, 8 Nilil Polyethylene Encasement Tubing $1,348.50
Quantitylnstallation 1,1OO.OO x
Contractors Note: water main
108 x 11351 =
Unit Price Factor Total
$'1,348.s0
203 33 'r1 '13 s3-0098 EA 20" Diameterx 1-1t4" 1o 2" Tap Stainless Steel Double Straps, Bronze Body
Service Saddle (James Jones J-969)
Quantity Unit Price Factor Totallnstallation 5.OO x .l ,037.15 x 1 .1351 = $5,886.34
Contractors Not6: water main
$5,886.34
204 33 12 16 00-001s EA 45" To 66" High, Three Piece, Screw Type, 5-114" Shaft, Round Head, Cast
lron Valve Box lncludes cover, top section, bottom section and #6 round
base.
Quantity Unit Price Factor Totallnstallation 24.00 x 377.63 x 1.,1351 = $10,287.55
Demolition 20.00 x 8.38 x 1.1351 = 5190.24
Contractors Note: water main
$10,477.79
205 33'12 16 00-0145 EA 16" lron Body, lron Disc Butterfly Valve
Quantity Unit Price Factor Totatlnstallation i.OO x 2,653.09 x 1..1351 = $3,011.52
Contractors Note: water main
$3,011.52
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Proposal Review Detail - CSI Continued..
Date:
Work Order #:
Title:
May 21,2015
030803.00
CMB - PW water main installation
Rec# CSI Number Mod. UOM Description Line Total
33 - Utilities
206 33 12 16 00-0145 Mod EA For 8" Diameter Chain Wheel Actuator. Add $170.27
Quantity Unit Price Factor Total
s170.27lnstallation 1.OO x 150.00 x 1.135.1 =
207 33 12 16 00-0147 EA 20" lron Body, lron Disc Butterfly Valve
Quantity Unit Price Factor Totallnstallation 3.OO x 3,859.89 x 1.1351 = $13,144.09
Contractors Note: water main
$1 3,1 44.08
208 33 12 16 00-0147 Mod EA For S" Diameter Chain \Iuheel Actuator. Add $5'10.80
Quantity Unit Price Factor
lnstallation 3.OO x 15O.OO x 1.1351 =
Total
$510.80
209 33 12 16 00-0236 EA 2" Ball Corporation Valve $2,244.55
Quantity Unit Price Factor Totallnstallation 1O.OO x 197.74 x 1.1351 = $2,244.55
210 33 12 19 00-0019 EA 3-1/2' Burial Section, 5-1/4" Valve, Three Way, Standard (Traditional) Modet
Fire Hydrant
Quantity Unit Price Faclor Totallnstallation i.OO x j,824.24 x 1.1351 = $2,070.69
Contractors Note: water main
$2,070.69
211 33 51 13 00-00s7 EA 2" Brass Service Adapter $953.94
Quantity Unit Price Factor
lnstallation 10.00 x 84.04 x 1.1351 =
Total
$953.94
212 33 51 13 00-0057 EA 2" Brass ServiceAdapter
Quantity Unit Price Factor Totallnstallation 22.00 x 84.04 x 1 .1 351 = $2,098.66
Contractors Note: water main
$2,098.66
213 33 51 13 00-0121 EA 112" X2'Long Nipples, Threaded Both Ends, Brass $31 5.06
Quantity Unit Price Factor Totallnstallation 1B.OO x 15.42 x .1.1351 = $315.06
214 33 51 13 00-0132 EA 2" 90 Degree Elbow, Brass $485.37
Quantity Unit Price Factor Totallnstallation 1O.OO x 42.76 x 1.1351 = $485.37
Subtotal for 33 - Utilities:$604,062.26
34-
215 34 41 13 00-0003 EA Traffic Signal Loops, Per Loop lncludes saw cutting, sealing and splicing into
leads in street.
$3,029.76
Quantity Unit Price Factor Totallnstallation p.OO y 222.43 x 1.1351 = $3,029.76
Contractors Note: lnstallation of new traffic loops at intersetions with tramc lights
Subtotal for 34 - Transportation:$3,029.76
ProposalTotal $1,559,891.94
This proposal total represents the correct total for the proposal. Any discrepancy between line totals,
sub-totals ancl the orooosal total is dLle lo rollndino of the line lofals ancl sllb-lolals
The Percent of NPP on this Proposal: 4.95%
Page 17 of 17
512112015
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196
P$ Eid #: MBCTS?I1708
Job Name: lillAillBEACH 63RD ST RESTRAINTR Salesman: MICK CLARK
Locatian: MIAMI BEACH Branch: HD SUPPLY WATERWORKS
Customer: Phone: 19541772-7343Engineer: Fax: (954) 752"8818
Mobila: (95,4) ?78"4547
Seq# Oty Dascription Units Price Ext. Frica
10
20
30
40
50
20'HOLD DOWN STRAP
20'HANGER ASSEMBLY
EA 715.00
EA 3,500,00
60
7A
20 TJ FITLD LCIK 350 GASKET SBR EA 585,00
16IJ FIELD LOK 350 GASKET SBR EA 399.50
12 TJ FfELD LOK 330 GASKET SBR EA 24g.OO
8 TJ FIELD LOK 350 GASKET SBR EA 218,00
6 TJ FIELD LOK 350 GASKET SBR EA 94.00
Bid lofals
Sub Total
Tax
Bid Total
Dab Printod: 5/22115 Pnge Ho. 2
197
Price Quotation # B,277309
FEI.MIAMI WATERWORKS #I 21 6
t0810 s,w. l8{'nl s[.
rllIA,VI, FL 31157i737
Phorc : 786-t7l-7140
Far ; J0&.?69{lJ6l
Eid No......": AX713A9
Quoted By: GDP
Customer.: DAVID MAISCil'il & $CIFi$ INC
1939 N}Y 4OT}I CT
PON.IPAT{O BEAC }I, F-t, 33064
Cust P0#..:
Item
]IIIAMI ECH
Cust Phonr:
Terrs*.........:
Ship To,..,.",:
954-977-35s6
NET 1OTE TROX
DAVTD IIANCTNI & SON$ INC
1939 Htry 40TH CT
POil{PAtCO BgACff" rt 3306;r
Job Name.: 63RD ST IVATER&IAIX
l,r,rCriosnru
lsP-ssuaNcr::o
1.4,r9{9:Kr16
]AFGRGSKTX
eriiicikrzo -
AIGRGSKTI2
_l-'-' _"
Destriptioe
-1.-.._-.,.
ro t'*sl'cn$ e;sKL'
__;_ _ -- .._'
.20" SS IIRID6E IL{NGEIi
, to resr c;RrP 6sxT
t_ _ ''' _'
8 FAST ORIP OSKI'
20 FAST CRTP GSK]'
ir2 FASI C}RTP OSKI',
Qrarth"t ll,ict Prkr
ll
ti
l:
ri
l,
I
Subtotal:
Inbound Freight;
Ta-r:
Order Total:
tjM 'lbrnl
88.0{,0 jEA ; 88.m i. '...,]
3s5.000 iEA ; .185.00 i
'i' I
197.000 i[A i 307,N,
r 18 000 IEA I il8.m i
l
556.000 iEA J56.00 l
t73.u,u [A I7.r.D0
sr7r7.00
$0.00
s I 03.02
$1820 0?
Quoted prices are based upor receipt rf the totd qu*ntity for immrdiate rhipur€Et {48 hourr}. S If*{EI{Ts
BEYOND 48 HOURS SEALL BE AT TTIE PRICE IN EFF'ECT AT TLIIE OT SHITMENT U}{LESS
NOTED OTIIERWISE. Sell*r aat rs*Fotrsible for delays, lack of pmduet or irrereese of prt{ing due ts csupes
beyond our control, and/or bastd upan Loeal, Stat* and Federal laws governing typr of productf thrt ffin br
sold or put into commtrce. This Qurtr is offered contiugent upon the Buyer's ncceptsrrre of S*ller's t+rrmc
and conditions, which are incorporated by refererce and fouud either followiug thir doeum&nt, or on ths wrtr
at Ettu:l/xds€l,s'ss*qq/,teros {4++t ionflS&le"htE}L Gort Buyen: All items quoted are op€n mrrkrt unless
noted otherwise. LEAD LAW WARIT{ING: It is illegrl to irtstall products thst erc not frlcad freet' in
accordance with US Federal or other upplicable law in potable water syctems nnticipated for humnn
consumption. Products rvith *NP in the description lre NOT lead free and crn only be instfllled in non-
potable applications, Buyer is solell,rcsponsible for product selection.
198
RESOLUTION TO BE SUBMITTED
199
THIS PAGE INTENTIONALLY LEFT BLANK
200
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Amending Resolution No. 2014-287328y Changing The Amount Of The CulturalArts Council's
Annual Fund Balance Cap From $2,640,184 To $2,467,000 To Correct A Scrivener's Error.
Maximize the Miami Beach Brand as a World Class Destination.
Supporting Data (Surveys, Environmental Scan, etc.): Two out of three residents (65%) believed the City
offered the right amount of cultural activities, while 30% said there were too few. The percentage of residents
who believe there are too few cultural activities has increased from 24% in 2009 to 30o/o in 2014.
Item Su
The Mayor and Commission unanimously approved Resolution No. 2014-28732 on September 10,2014,
accepting the recommendation of the Finance and Citywide Projects Committee to adopt the updated
Cultural Affairs Strategic Plan, including an increase in the number of Community Benefit Fund rental
waivers and capping the annual Cultural Arts Council fund balance at $2,640,184, but providing for an annual
increase for inflation. Due to a scrivener's error the actual amount of the fund balance should have been
$2,467,000.
It is recommended that the Citv Commission amend the Resolution as indicated.
The Cultural Arts Council approved the strategic plan at its meeting on March 6,2014.
Financial lnformation :
Source of I
Funds: I
I
ttt
oBPl I Tol
Financial lmpact Summary:
JLM/KGB/MAS/GF
T:\AGENDA\201 5Uune\TCED\CAC Fund Balance Amendment SUMM.doc Agenda ttem C-7NoateEFt7r201
g MIAMIBEACH
City of lliomi Beoch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33,139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: June 10,2015
MIAM! BEACH, FLORIDA, AMENDING RESOLUTION NO. 22014.28732 BY
CHANGING THE AMOUNT OF THE CULTURAL ARTS COUNCIL ANNUAL
FUND BALANCE GAp FROM $2,640,184 TO $2,467,000 TO CORRECT A
SCRIVENER'S ERROR.
ADMINISTRATION RECOMMEN DATION
Adopt the Resolution.
FUND!NG
The CulturalAffairs Program is funded by interest earned from the Miami Beach Convention
Center Capital Fund, the GMCVB (per contract), Resort Taxes and Quality of Life funds.
ANALYSIS
On September 10, 2014, the Mayor and City Commission unanimously adopted Resolution
No.2014-28732, approving the updated CulturalAffairs Strategic Plan (the Plan).The Plan
included capping the CulturalArts Council's annualfund balance at its then-current levelof
$2,640,184, but allowing for an annual increase for inflation, and transferring any excess
funds each year to the Cultural Arts Council's grants budget for the following year. Due to a
scrivener's error, the correct amount of the fund balance should have been $2,467,000. A
copy of Resolution No. 2104-28732 and accompanying Summary and Memorandum is
attached as Exhibit "A".
GONCLUSION
The Administration recommends the Mayor and City Commission adopt the amendment to
Resolution No. 2014-28732, correcting the amount of the Cultural Arts Council's fund
balance cap from $2,640,184 to $2,467,000.
f the City c mrsston
,r*,fur,,ilho,
T:\AGENDA\2fi9fu ,rl"trCeO\CRC Fund Balance Amendment MEMO.doc
202
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
RESOLUTION NO. 2014.287328Y CHANGING THE AMOUNT
OF THE CULTURAL ARTS COUNCIL ANNUAL FUND
BALANCE CAP FROM $2,640,184 TO $2,467,000 TO CORRECT
A SCRIVENER'S ERROR.
WHEREAS, the Mayor and Commission unanimously approved Resolution
No. 2014-28732 on September 10, 2014, accepting the recommendation of the
Finance and Citywide Projects Committee to adopt the updated Cultural Affairs
Strategic Plan, including an increase in the number of Community Benefit Fund
rental waivers and capping the annual Cultural Arts Council fund balance at
$2,640,184, but providing for an annual increase for inflation; and
WHEREAS, due to a scrivener's errorthe actual amount of the fund balance
was $2,467,000.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission hereby adopt the amendment to Resolution No. 2014-28732,
correcting the amount of the annual fund balance cap to $2,467,000.
PASSED and ADOPTED THIS day of 2015.
ATTEST:
CITY CLERK MAYOR
APPRO/ED AS TO
FORM & IANGUAGE
& FOR$GCUTIOT{
JLM/KGB/MAS/GF
T:\AGENDA\201 5Uune\TCED\CAC Fund Balance Amendment RESO.doc
Mstl'l,
City Attomey Date I
203
RESOLUTION NO.2014-28732
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOiiMENDATIONS OF THE
FINANCE AND CITYWIDE PROJECTS COiIMITTEE TO ADOPT THE UPDATED
CULTURAL AFFAIRS STRATEGIC PLAN, INCLUDING AN INCREASE IN THE
NUMBER OF COMMUNITY BENEFIT FUND RENT WAIVERS AND THE CAPPING
OF THE ANNUAL FUND BALANCE AT ITS CURRENT LEVEL OF 92,640,'84, BUT
PROVIDING FOR AN ANNUAL INCREASE FOR INFLATION, AND DIRECTING
THE CITY ADiIINISTRATION NOT TO UTILIZE THE CULTURAL ARTS COUNCIL
ENDOWMENT FUND TO FUND SLEEPLESS NIGHT.
WHEREAS, the Miami Beach Cultural Arts Council (CAC) was estiablished by the Mayor and City
Commission on March 5, 1997; and
WHEREAS, the mission of the CAC is to develop, coordinate, and promote the visual and performing
arts in the City of Miami Beach for the enjoyment, education, cultural enrichment, and benefit of the residentrs
ol and visitors to, the City of Miami Beach; and
WHEREAS, the Mayor and City Commission adopted the Cultural Affairs Strategic Plan on June 3,
1998, identifying the following program areas for the CAC: cultural arts grants; marketing; facilities; advocacy
and planning; and revenue development; and
WHEREAS, the CAC unanimously adopted an updated CulturalAffairs Strategic Plan at its March 6,
2014 meeting which is attached hereto and incorporated herein; and
WHEREAS, the Finance and Citywide Projects Committee reviewed the updated Cultural Affairs
Strategic Plan on May 20, July 18, and August 13,2014, and recommended an increase in the number of
Gommunity Benefit Fund rent waivers and the capping of the annual fund balance at its cunent level of
$2,640,184, with an annual increase for inflation based upon the Consumer Price lndex, but recommended
against utilizing the CAC Endowment Fund to fund Sleepless Night.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby adopt the updated Cultural
Affairs Strategic Plan, including an increase in the number of Community Benefit Fund rent waivers and the
capping of the annual fund balance at its current level of $2,640,184, but providing for an annual increase for
inflation, and directing the City Administration not to utilize the CAC Endowment Fund to fund Sleepless Night.
APPI?OVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1p(t+
-
Dote
FCI/VPC Recommendation RESO.doo<
204
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and City Commission of the Cig of Miami Beach, Florida, adopting the
updated Cultural Affairs Program strategic plan, including modifications to the Communig Benefit
Fund rent waiver program and the capping of the fund balance, but not including the releasi of CAC
Endowment funds.
The FCWP Committee recommended that the Administration cap the Cultural Affairs Program's fund
balance at its cunent level of $2,640,184 and include an annual increase for inflation. lf necessary
these funds could adequately cover the expenses of the Cultural Affairs Program for two years.
Funds remaining in the CAP budget at the end of each fiscal year would be added to the CAC's grant
budget for the following fiscal year. The Committee also approved changes to the Fillmore
Community Benefit Fund rent waiver program, including a requirement that rent waiver recipients be
required to offer free or discounted tickets to Miami Beach residents. The number of rent waivers
available annually would increase from 12 to 24, with the additional 12 waivers restricted to live
theater productions. Waivers for use of the smaller 'Backstage" theater would require recipienb to
cap ticket prices at $19, inclusive of all house and Ticketmaster surcharges. The Commiftee did not
approve the CAC's request to release the CAC Endowment Fund to support three annual Sleepless
Night events.
It is recommended that the City Commission adopt the strategic plan as indicated.
Maximize the MiamiBeach Brand as a World Class Destination.
Supporting Data (Surveys, Environmental Scan, etc.): Two out of three residents (650/o)
believed the City offered the right amount of cultural activities, while 30% said there were too few.
The percentage of residents who believe there are too few cultural activities has increased from
24o/oin 2009 to 3oo/oin2014.
Cultural Arts Council approved the on March 6.2014.
Financial lnformation:
OBP!
Max A. Sklar, Ext. 6116
T:IAGENDA\2014\SopIembeATCED\CAP Strategic Ptan FCWPC Recommendation SUMM.doc,:x
AGENDA rrza C 71y'E MIAMIBEACH o^tE q-p'/y205
E MIAMI BEACH
Glry of lllioml Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of Gity
FROM: Jimmy L. Morales, City Manager
DATE: September 10,2014
SUBJECT: A RESOLUTION OF THE TAYOR CITY COUUISSION OF THE CITY
OF ilIAMI BEACH, FLORIDA,NG THE RECOMIiENDATIONS
OF THE FINANCE AND CITYWIDE PROJECTS COIIiilITTEE TO ADOPT
AN UPDATED STRATEGIC PLAN FOR THE CULTURAL AFFAIRS
PROGRAii, INCLUDING AN INCREASE IN THE NUMBER OF
COMMUNITY BENEFIT FUND RENT WAIVERS AND THE CAPPING OF
THE ANNUAL FUND BALANCE AT $2,640,184 WTH AN ANNUAL
INCREASE FOR INFLATION, BUT NOT INCLUDING UTTLIZING THE
CULTURAL ARTS COUNCIL ENDOWIT'IENT FUND TO FUND SLEEPLESS
NIGHT.
ADilII NISTRATION RECOilIMENDATION
Adopt the Resolution.
FUNDING
The Cultural Affairs Program is funded by interest eamed from the Miami Beach
Convention Center Capital Fund, the GMCVB (per contract), Resort Taxes and Quality
of Life funds.
ANALYSIS
The Cultural Affairs Program (CAP) in the Department of Tourism, Culture and
Economic Development serves as an invaluable resouroe for the Miami Beach
community and beyond. Working closely with the Miami Beach Cultural Arts Council
(CAC), the 1l-member advisory board founded in 1997, CAP sustains, develops and
supports the arts in Miami Beach for the enjoyment, education, enrichment and benefit
of residents and visitors.
Since 1997 the City has awarded more than $10 million to approximately 130 nonprofit
arts groups through its annual cultural grants program. Further, CAP partners with the
Miami Beach Visitor and Convention Authority to award grants to projects that generate
substantial cultural tourism.
CAP also provides active marketing assistance to individual cultural events and
institutions, and markets Miami Beach as a cultural destination; supplementary arts
education programs (since 2006) in Miami Beach schools and parks, serving more than
3,000 students annually; oversight of City-owned cultural facilities; and free outdoor arts
programming through Arts in the Parks (since 2006), Sleepless Night (2007, 2009 and
2011) and SoundScape Cinema Series (since 2011).
CAP staff met with the CAC Budget Committee on October 15, 2013 to formulate
strategies and goals for a new strategic plan. The Committee's proposals were
discussed by the CAC at its meetings on November 7 and December 12,2013, and
206
FCWPC Recommendation - CAC Strategic Plan Update
City Commission Meeting
September 10,20'14
Page 2 of 6
This item was discussed at the May 20, 2014 Finance and Citywide Projects Committee
meeting and the staff was directed to provide more detail at the July meeting.
Discussion continued at the July 18, 2014 meeting, where it was recommended that the
CAC Endowment use be scaled back to one event and brought back to the FCWPC
Budget Briefing meeting on August 15,2014.
Two other recommendations from the CAC were approved by the FCWP Committee on
July 18h. The Committee recommended that the Administration cap the CulturalAffairs
Program's fund balance at its current level of $2,640,184 and include an annual increase
for inflation. lf necessary these funds could adequately cover the expenses of the
CulturalAffairs Program for two years. Funds remaining in the CAP budget at the end of
each fiscal year would be added to the CAC's grant budget for the following fiscal year.
The Committee also approved changes to the Fillmore Community Benefit Fund rent
waiver program, including a requirement that rent waiver recipients be required to offer
free or discounted tickets to Miami Beach residents. The number of rent waivers
available annually would increase from 12lo 24, with the additional 12 waivers restricted
to live theater productions. Waivers for use of the smaller 'Backstage" theater would
require recipients to cap ticket prices at $19, inclusive of all house and Ticketmaster
surcharges.
Discussion continued at the FCWPC Budget Briefing on August 13,2014, at which time
the Committee recommended against releasing the Cultural Arts Council Endowment
Fund to support three annual Sleepless Night events. Staff was directed to consult
further with the Cultural Arts Council to recommend other proposed uses for the
Endowment Fund.
coNcLustoN
The Mayor and City Commission should adopt the Cultural Affairs Program Strategic
Plan, including the increase in Community Benefit Fund rent waivers and the capping of
the annual fund balance, but not including the release of the CAC Endowment Fund.
JLM/KGB/MAS/GF
F:UNFO\$ALL\Gary RCommission Docs\CAP Strateglc Plan Memo, Reso and Summary.doc
207
FCWPC Recommendation - CAC S[ategic Plan Update
City Gommission Meeting
September 10,2014
Page 3 of 6
Exhibit "A"
CulturalAffairs Program Strategic Plan draft
To ensure that the needs and aspirations of the community are met moving into the
futuie, CAP would concentrate on four areas:o Variety of cultural activilies, opportunities and facilitieso Growth of citizen participation, particularly among underserved and special
needs populationso Partnershipdevelopmento Value for all ages and ethnicities
Since funding is key, CAP staff will work to increase grant funding and to identify new
revenue streams, both from within the City (dedicated Quality of Life funding, Community
Benefit Fund, Art in Public Places Fund) and without. CAP's current annual budget is
$1,153,000, funded by the Greater Miami Convention and Visitors Bureau (per
contract), Resort Taxes and Quality of Life funds. CAP cunently has two restricted
funds: a CAC endowment fund of $1,581,873, and a CAP Fund Balance in the amount
of $2,O40,184. The endowment fund was created by the CAC in an optimistic attempt to
become self-sufficient, but no contributions to it have been made in several years. The
Fund Balance serves as a "rainy day" fund to ensure that CAP operations and grants
can continue in the event of a disastrous tourism year; it grows at the end of each fiscal
year from leftover balances in CAP budget line items (unclaimed grants, excess
marketing dollars, etc.) Revenue sources from outside the City could include corporate
sponsorships and grants from government and private granting agencies and
foundations.
PROPOSED STRATEGIES AND GOALS
Grantso lncrease funding for our existing cultural assets, particularly our CulturalAnchorso Based on the suc@ss of the Byron bonus, North Beach lnitiative, and Fresh Air
Fund programs, craft further proactive grant programs to fulfill specific cultural
needs (live theater for example), reach targeted age groups and ethnicities, and
provide free programming in various parts of the City
Marketing. Expand social media marketing effortso Continue to refine mbculture.com website and mobile websiteo Continue paid marketing efforts to direc.t people to websites and to promote
subscriptions to the weekly e-blast and the text messaging serviceso Reinstate Sleepless Night or a similar large-scale, major, annual, City-funded
cultural festival that attracts global attentiono Facilitate enhanced partnership with the hospitality industry
Education. Expand in-school and after-school arts instruction at City schools, parks and
youth centers through additional funding and/or corporate partnershipso Facilitate.hands-on arts instruction programs for resident adults
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FCWPC Recommendation - CAC Strategic Plan Update
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September 10,2014
Page 4 of 6
Cultural Facilitieso Continue to facilitate the relationship between the City and the Friends of the
Bass Museum
o Propose expanded use agreement for Carl Fisher Ctubhouse and Little Stage
Theater to allow for more diverse cultural offerings for the communityo Manage the Community Benefit Fund Rent Waiver Grants program for the
Fillmoreo Manage the SoundScape Wall Use Grants programo Facilitate a "youth only'exhibition and performance spaceo Encourage the city to set aside 20o/o of retail space in city garages for nonprofit
arts uses
Arts in the Parks. Expand offerings of live outdoor performances citywideo lncrease SoundScape Cinema Series screenings and digitalart projectionso Promote local, resident-driven events and festivals to coincide with the
residencies of major internationaltrade shows for music, visual arts, etc
Additional Serviceso Create a detailed, user-friendly manual to guide cultural providers through City
processes, especially the Special Events Permit processo Create an uptodate cultural asset inventory, including both permanent venues
and appropriate temporary performance/exhibition locationso Maintain a Cultural Tourism calendar in cooperation with the GMCVB and
MBVCA. Anange with outside providers to create affordable equipment rental packages to
transform indoor and outdoor spaces for performers
FUNDING
As previously mentioned a substantial amount of existing funding could be made
available to CAP to realize these goals and strategies and strengthen Miami Beach's
position as the preeminent cultural tourism destination in Florida.
ENDOWMENT
The original CAC created an endowment fund in 1998 with the thought that it would
eventually grow large enough to provide enough income to fund the annual cultural
grants program. From 1998 through 2001 the CAC contributed $200,000 annually. ln
2002 $160,000 was contributed. The following year, due to decreased revenues ftom
resort tax, no contribution was made. $50,000 was contributed in 2O0/, and $100,000 in
both 2005 and 2006. Since that time no further contributions have been made, despite a
significant increase in Resort Tax Quality of Life funding, since the CAC and the
Administration agreed that greater public benefit would result from utilizing all available
funds for grants and other cultural programming. The current balance of the endowment
fund is $1,581,873. CAC feels that it is highly unlikely that this fund could ever grow
large enough to provide a useful source of income, and proposes liquidating the
endowment over a three-year period to cover increased programmatic expenses for
Sleepless Night and other free outdoor programs. Unforeseen future expenses or
reduction in Quality of Life funding would be covered by the Fund Balance.
FUND BALANCE
209
FCWPC Recommendation - CAC Strategic Plan Update
Ci$ Commission Meeting
September 10,2014
Page 5 of 6
The current CAP Fund Balance stands at $2,640,184. The CAC proposes capping the
Fund Balance at this amount, which if necessary could adequately cover the expenses
of the Cultural Affairs Program for two years. Funds remaining at the end of each fiscal
year should be added to the CAC's grants budget for the following year.
DEDICATED FUNDING
One-half of one percent of Resort Tax collection accounts for Quality of Life funding.
Originally divided into three parts (South Beach, Middle Beach and North Beach,) CAP
was added as a fourth recipient in 2004. Last year a fifth recipient (the North Beach
circulator) was added, with the stipulation that CAP funding would be frozen at cunent
levels until the other four recipients reach equal funding. The CAC respectfully requests
that the Mayor and Commission honor this ongoing commitment to arts funding and not
allow further dilution of the Quality of Life funds.
COMMUNITY BENEFIT FUND
The Community Benefit Fund at the Jackie Gleason Theater was established by
Resolution No. 83-174,47 to provide discounted show tickets to senior citizen and
student residents. lt is funded by a $1.50 surcharge on each ticket sold. The fund's
purpose was further defined by Resolution No. 92-2Mil to "present and promote
performances, programs, shows and entertainment at reduced prices or free admission
for the residents of Miami Beach." Resolution No. 98-22762 created the Community
Benefit Fund Rent Waiver program, wtrich pays the operator for theater rental fee
waivers for up to twelve non-proftt organizations per calendar year. Management of the
rent waiver program was transferred from the Convention Center Advisory Board to the
Miami Beach Cultural Arts Council (cAc) in 2009. The GAC is proposing a new
requirement that al! future rent waiver recipients be required to offer free or discounted
tickets to Miami Beach residents.
At this writing the balance in the Community Benefit Fund is $746,822. Funds are
currently used only for the discount ticket program and to pay the operator for the twelve
rent waivers available each calendar year. The fund nets between $38,000 and
$10E,000 annually after the rent waiver and discount ticket program costs are deducted.
The CAC is proposing to utilize the fund for greater community benefit by increasing the
number of annual rental fee waivers from 12 lo 24. This would allow the fund to
continue to grow while meeting its other obligations, since the maximum cost of the
additional waivers would be $36,000. The CAC feels strongly that the additional 12
waivers are necessary for the CAC to realize its initiative to increase live theater
offerings in Miami Beach. The Colony Theatre is both too large and too expensive for
most of South Florida's theater groups, and it has suffered a decrease in bookings as
new altemative and more affordable venues have opened on the mainland. The
Fillmore's new 'backstage' performance spa@, which seats 204 persons, is an ideal
size for local theater groups, and the CAC is proposing a new targeted pilot grant
program to begin in Fall 2014 which, in tandem with the rental fee waiver program,
would enable theater groups (and cabaret and spoken word artists) to rehearse and
present their shows at no cost for the theater, sound and lighting equipment and
technicians. Ticket prices, including all house and Ticketmaster surcharges, would be
capped at $19. Waivers would continue to be available for the main theater as well, but
the 12 additional waivers would be restricted for use with this new targeted live theater
grant program. All rental fee waiver recipients would be required to offer free or
discounted tickets to Miami Beach residents.
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FCWPC Recommendation - CAC Strategic Plan Update
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Page 6 of 6
SLEEPLESS NIGHT
The CAC believes that it is essential for the City to present a major annual cityride
cultural festival to maintain its position as an international cultural destination. CAC
members unanimously endorsed the retum of an annual Sleepless Night, building on the
existing substantial intemational recognition of the brand. Seed funding could derive
from liquidation of the CAC endowment, with additional funding from sponsorships and
grants.
SLEEPLESS NIGHT was initiated in 2007 by the CAC as a way to focus the cultural
spotlight on Miami Beach after the cancellation of the annual 'lnvitation to the Arts" at
the Gleason. lt was more than just the cultural takeover of Miami Beach, with 150 free
arts and entertainment offerings at 80 different locations spread throughout the city and
the 13-hour night that marks the end of Daylight Savings Time. lt was in fact an
enormous and successful intersection of community and culture that crossed all baniers
of age, race, taste, economics and education. lts free programming was designed to
appeal to every segment of our diverse population, providing a unique opportunity to
create community through the universality of shared arts experiences. At the first
Sleepless Night (November 3, 2007) an instant and enthusiastic community of 100,000
people enjoyed arts and entertainment offerings both familiar and new. The second
Sleepless Night (November 7, 2009,) made possible by funding from the Knight Arts
Challenge, drew more than 130,000 residents and visitors for free museum admissions,
indoor and outdoor art installations and performances, street spectacle, music, dance,
theater, comedy, circus and more, all connected by free shuttle buses with onboard arts
programming. Sleepless Night is huge and inclusive: in one night it draws more than
twice as many people as Art Basel Miami Beach or the South Beach Wine & Food
Festival, and its residual effects for both artists and audiences are lasting. !t sends the
positive message that Art Matters to our residents, visitors and businesses. The 2009
event received nearly a billion media impressions and attracted artist inquiries from
across the U.S., Europe, Canada and South America. The 2011 Sleepless Night, again
with major Knight Foundation and National Endowment for the Arts funding, received
similar local praise and international media coverage, including a feature in Travel
&Leisure magazine and a segment on Good Moming America. The CAC firmly believes
that Sleepless Night has the potential to be as significant as any of the international Nurf
Blanche events if it can be held on an annual basis to maintain the marketing and
sponsorship momentum necessary for it to continue to grow. And for residents the
incorporation into the event of the new and existing circulator buses wil! allow even
greater neighborhood reach cityrtide.
Fiscal Year
Openlng
Balance
Surchalgo
Revenue
lnterest
Earned Grants Paid
Endlng
Balance
FY 07/08 $188.666 $107.558 s8.373 (s7.799.00)$296,797
FY 08/09 $296.797 $50.879 s9.621 (s13.002.50)$344.295
FY 09/10 $344,295 $95.264 $6.899 (s28.400.00)s418.057
FY 10t11 $418.057 $88.7s7 $5.427 ($26,200.00)$486,042
FY 11t12 $486.042 $125.276 $4.793 ($23.400.00)$592.710
FY 12t13 $592.710 $102.409 $4.195 (s40.400.00)$658.914
FY 13t14 $658.914 $108.988 s2.121 ($23,200.00)s746.822
FY 14115 Proiected $746,822 $97,018 $5,919 ($72.000.00)s777.759
FY 15/'16 Proiected $777,7s9 $97.018 $5.919 (s72.000.00)$808,696
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212
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Accepting $40,050 From Penrod Brothers, lnc. For The Re-Design And Development Of Construction
Documents For The Reconstruction Of Surface Lot 01a - Penrods At One Ocean Drive.
lntended Outcome Su
Build and maintain priority infrastructure with full accountability.
Supporting Data (Surveys, Environmental Scan, etc.):
The 2012 Customer Satisfaction Survey indicated that over 81% of residents rated recently completed capital
imorovement oroiects as "excellent" or "oood".
Item Summarv/Recommendation :
The Office of Capital lmprovement Projects (ClP) approved a Service Order in the amount of $106,538.34 on
December 6,2013 to Milian Swain & Associates, lnc. (City's Consultant) to provide Professional Services to develop
construction documents for the reconstruction of Surface Lot 01A - Penrods at One Ocean Drive. Pursuant to the
Request for Qualifications (RFQ) No. 01-09/10, adopted Resolution No. 2010-27415.
The original Service Order to the Consultant includes providing a survey, geotechnical investigation, design
services, permitting services, bidding and award services, and limited construction services. The design drawings
were submitted to CIP for scope review and approval at 30%,60% and 90% completion levels on March 17,2014;
July 7, 2014, and October 24,2014 respectively. The City provided Penrods Brothers, lnc. (Nikki Beach) with the
drawings for their review and comment at each completion level.
On October 23,2014, CIP metwith Mr. Steve Savola, a representative of Nikki Beach, to discuss the design of the
parking lot. Mr. Savola presented a conceptual plan developed by their consultant, Alfredo M. Carbonell, P.E. lnc.,
which included building improvements and a new lay-out for the parking lot. The proposed lay-out was significantly
different from the one developed by the City's Consultant. CIP stated to Mr. Savola that this new lay-out would
modify the original design in its entirety. The City indicated that this would have to be sent to the Planning and
Zoning Department, Transportation Department, and the Green Space and Environmental Divisions for their review
and acceptance of the new lay-out. On October 24,2014, our Consultant was submitting the 90% completion plans
as scheduled. CIP obtained input from these City entities regarding the proposed lay-out for the parking lot
presented by Nikki Beach, and based on their comments, it was determined that the new design was feasible. This
new design includes the conversion of a green area into parking spaces, which would require review and approval
from the Design Review Board. Alfredo M. Carbonell, P.E., lnc. will be responsible for obtaining said approval.
The Department of Tourism, Culture, and Economic Development, the lease administrator for the City, advised Nikki
Beach that the City would consider changing the lay-out to satisfy their needs as long as they would pay for the re-
design cost to bring this new conceptual drawings up to 90% Completion Level, which was the completion phase
reached by the City's Consultant. The City's Consultant provided CIP a proposal for redesigning of the 30, 60, and
90% plan development in the amount of $40,050. After several meetings to review and negotiate the fees proposed
by the City's Consultant, the City and Nikki Beach agreed that Nikki Beach will pay the amount of $40,050 to the
City for the accepted design modifications. The City is including two electrical conduits from the proposed electrical
panel to an electrical pull box close to the NW corner of the lot for future EVCS. Attached are site plans of the
existing parking lot and proposed plan for the Committee's review. The City Code requires a minimum of 20% of the
area to be green. The proposed plan includes 26,796 square feet of landscaped green space, which equals 29o/o ot
the oarkinq lot area.
Fi nancial lnformation :
Financial lmpact Summary: Penrods Brothers, lnc. (Nikki Beach) has agreed to pay $40,050 for the re-design
cost to bring this new conceptual drawings up to 90% Completion Level, which was the completion phase
reached bv the City's Consultant.
Max Sklar, ext. 61 16
Clerk's Office islative
T:tAGENDA'i2015iJune \Penrods Summ.docx
E MIAMIBEACH AGENDA.TEM C1O;;W213
MIAMIBEACH
City of Miomi Beoch, l700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
TO:
FROM:
DATE:
Jimmy Morales, City Manager
June 10,2015
SUBIECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
ADMINSITRATION TO ACGEPT $4O,O5O FROM PENROD BROTHERS, INC.
FOR THE RE.DESIGN AND DEVELOPMENT OF CONSTRUCTION
DOCUMENTS FOR THE RECONSTRUCTION OF SURFAGE LOT OIA -
PENRODS AT ONE OCEAN DRIVE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The Office of Capital lmprovement Projects (ClP) approved a Service Order in the amount of
$106,538.34 on December 6, 2013 to Milian Swain & Associates, lnc. (City's Consultant) to
provide Professional Services to develop construction documents for the reconstruction of
Surface Lot 01A - Penrods at One Ocean Drive. Pursuant to the Request for Qualifications
(RFO) No. 01-09/10, authorized pursuant to Resolution No. 2010-27415.
The original Service Order to the Consultant includes providing a survey, geotechnical
investigation, design services, permitting services, bidding and award services, and limited
construction services. The design drawings (City's Conceptual Plan) were submitted to CIP for
scope review and approval at 30%, 60% and 90% completion levels on March 17, 2Q14; July 7,
2014, and October 24, 2014 respectively. The City provided Penrods Brothers, lnc. (Nikki
Beach) with the drawings for their review and comment at each completion level.
On October 23, 2014, CIP met with Mr. Steve Savola, a representative of Nikki Beach, to
discuss the design of the parking lot. Mr. Savola presented a conceptual plan developed by
their consultant, Alfredo M. Carbonell, P.E. lnc., which included building improvements and a
new lay-out for the parking lot (Nikki Beach Conceptual Plan). The proposed Nikki Beach
Conceptual Plan was significantly different from the one developed by the City's Consultant.
CIP stated to Mr. Savola that this new lay-out would modify the original design in its entirety.
The City indicated that this would have to be sent to the Planning and Zoning Department,
Transportation Department, and the Green Space and Environmental Divisions for their review
and acceptance of the new lay-out. On October 24, 2014, our Consultant was submitting the
90% completion plans as scheduled.
CIP obtained input from these City entities regarding the proposed Nikki Beach Conceptual
Plan, and based on their comments, it was determined that the new design was feasible. This
new design includes the conversion of a green area into parking spaces, which would require
SSION MEMORANDUM
Mayor Philip Levine and Member$/of the City
214
Commission Memorandum
Penrods Redesrgrn of Surtace Lot 01A
June 10,2015
Page 2 of 3
review and approval from the Design Review Board. Alfredo M. Carbonell, P.E., lnc. will be
responsible for obtaining said approval.
The Department of Tourism, Culture, and Economic Development, the lease administrator for
the City, advised Nikki Beach that the City would consider changing the lay-out to accommodate
the Nikki Beach Conceptual Plan so long as Nikki Beach paid for the re-design cost to bring this
new conceptual drawings up to 90% Completion Level, which was the completion phase
reached by the City's Consultant.
The City's Consultant provided CIP a proposal for the cost of redesigning the City's Conceptual
Plan as requested by Nikki Beach, in the amount of $40,050. After several meetings to review
and negotiate the fees proposed by the City's Consultant, the City and Nikki Beach agreed that
Nikki Beach will pay the amount of $40,050 to the City for the accepted design modifications.
The subject was discussed at the May 6, 2015 City Commission meeting and referred to the
Neighborhoods and Community Affairs Committee (NCAC). The City Commission requested
the addition of more greenspace and for the administration to provide more detailed site plan
detailing the number of parking space currently in the parking lot versus the proposed plan. The
Commission also requested the addition of Electric Vehicle Charging Stations (EVCS) in this
parking lot. The City is including two electrical conduits from the proposed electrical panel to an
electrical pull box close to the NW corner of the lot for future EVCS. Attached are site plans of
the existing parking lot and proposed plan for the Committee's review. The City Code requires
a minimum of 2Oo/o of the area to be green. The proposed plan includes 26,796 square feet of
landscaped green space, which equals 29o/o of the parking lot area.
The following is a breakdown of the site:
Units
AREA PARKING SPACES IN LOT
GREEN PAVED TOTAL STANDARD ADA TOTAL
Existine Condition SQ FT 26,824 65,361 92,185 123 5 128
New Lavout SQ FT 26,796 65,389 92,185 r47 6 153
Change SQ FT -28 28 0 24 1.25
Please note that the numbers shown in the above table were provided by the Nikki Beach
consultant.
The NCAC met on May 29, 2015 and voted in favor of referring this item to the City
Commission. During discussion of the item, the NCAC asked that the Parking Department add
this location to their watch list to ensure enforcement of meters in the City's portion of the
parking lot (65 spaces). The NCAC also directed the Administration to investigate opportunities
to utilize the Penrods portion of the parking lot (88 spaces) for public parking during hours which
Penrods is closed (i.e. overnight). The NCAC also asked the Administration to ensure the City's
spaces will not be blocked or obstructed by Penrods access/use of the delivery area adjacent to
the City spaces.
The Administration is working with Penrods on these items and will provide an update to the
City Commission once additional information is available. ln the meantime, pursuant to the
action of the NCAC, the Administration is seeking approval from the City Commission for the
acceptance of $40,050 from Penrods Brother, lnc. (Nikki Beach) for the re-design cost to bring
the Nikki Beach Conceptual Plan up to 90% Completion Level, which was the completion phase
reached by the City's Consultant.
215
Commission Memorandum
Penrods Redesign of Surface Lot 01A
June 10,2015
Page 3 of 3
CONCLUSION AND RECOMMENDATION
The Administration recommends the Mayor and City Commission adopt the resolution
approving and authorizing the Administration to accept $40,050 from Penrods Brother, lnc.
(Nikki Beach) for the re-design cost to bring the Nikki Beach Conceptual Plan up to 90%
Completion Level, which was the completion phase reached by the City's Consultant.n
fr7
JLM/KC,B/MAS
T:\AGENDA\201 5Uune\TCED\Penrods Memo.docx
216
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Sec. 126-6. - Landscape criteria.
When the site is located in an area designated for landscape review, the following regulations shall
be used in evaluating the plans:
(1) All districts except l-1. ln all districts except l-1 the following shall apply:
a. Sufface/ground treatmenf. One canopy tree or grouping of three palms shall be provided
for every 25 linear feet of frontage in a required yard abutting a public right-of-way. Where
a driveway crosses a landscaped easement and a curb cut is provided, the driveway shall
be paved with a hard surface material such as concrete, asphalt, or decorative unit pavers
and shall have a clearly defined edge between paving and landscaped easement.
Any plantings located in the right-of-way including but not limited to trees, shrubs, ground
cover, and sod shall be maintained by the abutting property owner and approved by the
planning, design and historic preservation division.
b. Hedges.
1. Required front yards. ln required front yards hedges, ground cover, vines, and sod
may be placed in the required yards. Hedges or other living barriers not associated
with a fence or wall shall have a maximum height of five feet. Hedges or other living
barriers provided in concert with a fence or wall shall not exceed a height of five feet
or the height of the permitted fence or wall, whichever is greater.
2. Height limitation generally; maintenance. There is no height limitation. Hedge material
must be kept neat, evenly trimmed and properly maintained. For corner visibility
regulations see section 142-1135
Cross referenc+ Hedges as allowable encroachment, $ 142-1132(i).
(2) At-grade parking /ofs. For the purpose of this section, the term "at-grade" parking lot shall
encompass commercial parking lots and noncommercial parking lots as described in section
114-1 whether they are primary or accessory uses and that portion of a lot which is underneath
the building and is at-grade which is utilized for parking. Notwithstanding the requirements in
this section in no instance shall the required landscaped area be less than 20 percent of the
totalarea, except fortemporary parking lots which are subject to section 130-68, and lots which
are 55 feet wide or less.
a. Required landscaping adjacent to the public right-of-way shall be landscaped as follows:
1. Landscaping shall include one tree or grouping of three palms for each 30 linear feet
or any fraction thereof. Such trees shall be located between the abutting right-of-way
and parking lot area and shall be planted in a planting area of at least 25 square feet
with a minimum dimension of five feet. ln addition, a hedge, wall or other landscape
barrier not to exceed 3 112 feet at maturity and at least 2 112 teet in height at the time
of planting, shall be placed only along the right-of-way. lf such barrier is of nonliving
material, one shrub or vine shall be planted abutting the barrier for each ten linear
feet. Such shrubs or vines shall only be planted between the property line and barrier.
The remainder of the required landscaped areas shall be landscaped with grass,
ground cover, or other landscape treatment excluding paving.
2. Any plantings located in the right-of-way including, but not limited to, trees, shrubs,
ground cover, and sod shall be maintained by the abutting property owner.
3. Necessary access ways from the street through all such landscaping shall be
permitted to service the parking lot and such access ways may be subtracted from the
linear dimension used to determine the number of trees required.
Page 1
219
b. Perimeter parking adjacent to side and rear property lines shall be landscaped as follows.
The perimeter of parking areas abutting residential or commercial properties shall provide,
at a minimum, a five feet landscaped strip, except when abutting an alley. The perimeter of
the parking area shall also be screened with an opaque fence, wall or continuous hedge or
other durable landscape barrier. lf plant material is used as the screening device, it shall
not be less than a height of 30 inches at the time of planting. All landscape areas along the
perimeter of the parking areas abutting residential or commercial properties shall provide
one tree or cluster of three palms for every 40 linear feet of property relating to an abutting
property.
c. Parking area, interior landscaping shall be as follows. Parking areas shall provide a
minimum of five percent of net interior area as landscaping. One tree or grouping of three
palms with a clear trunk of at least six feet shall be provided for each 100 square feet or
fraction thereof of required landscaped area. Such landscaped areas shall be located and
designed in such a manner as to divide and break up the expanse of paving. ln instances
where the strict application of this subsection will seriously limit the function of the parking
area, the required landscaping may be located near the perimeter of the paved area. Such
required interior landscaping shall be in addition to the perimeter landscaping
requirements. Landscaped area shall require protection from vehicular encroachment. Car
stops shall be placed at least 2112 feet from the edge of the paved area. The minimum
and maximum paved area designated as the required parking space shall be as stated in
chapter 130, article lll. ln no instance shallthe required landscaped area be included within
the required parking space area.
d. Notwithstanding the requirements in this chapter, in no instance shall the required
landscaped area be less than 20 percent of the total area of the parking lot.
e. For parking lots 55 feet wide or less, landscaping shall consist of a perimeter wall or dense
hedge of at least three and one-half feet in height, one shade tree or three palms per 30
linear feet adjacent to a public right-of-way, one palm per 30 linear feet along the side
property lines, and one shade tree or three palms per 30 linear feet along the rear property
line exceptwhen abutting an alley. An in-ground irrigation system that covers 100 percent
of the landscaped areas shall be provided.
(3) Other vehicular use areas. Landscape requirements of vehicular use areas, such as service
stations, are subject to regulations as stated in subsection 126-6(2).
(4) Parking garages. Parking garage requirements for landscaping shall comply with regulations as
stated in subsection 126-6(1).
(5) Dumpsters. Dumpsters shall not be located within any front yard or required side or rear yards.
They shall be within an enclosed area.
(6) Temporary parking lot standards. Landscape standards and setback requirements are pursuant
to section 130-68
(7) Appeals. All appeals regarding the interpretation of the landscape ordinance shall be to the
board of adjustment.
(Ord. No.89-2665, $8-6, eff. 10-1-89; Ord. No.90-2722,eff.11-21-90; Ord. No.91-2767,eff.11-2-
9'1;Ord. No.93-2831, eff. 1-16-93; Ord. No.98-3108, S 11, 1-21-98)
Page 2
220
RESOLUTION TO BE SUBMITTED
221
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222
R2
COMPETITIVE BID REPORTS
223
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To lssue A Request For Proposals (RFP) For Advertisement
For Trollev Vehicles.
Maximize The Miami Beach Brand As A World Class Destination
N/A
Item Su mmary/Recommendation :
The City of Miami Beach is interested in receiving proposals from qualified vendors that will
develop and manage a revenue advertising program for the City's existing and planned fleet of
trolleys. The selected proposer will sell advertising, install, maintain, and remove advertising
on and in the trolleys.
Such advertising shall be in the form of external window advertising on the trolley windows,
both sides and the rear windows, as well as digital advertising on the monitors located inside of
each trolley. The City of Miami Beach reserves 1Oo/o o'f air time at no cost to run Public Service
Announcements. Advertising can also be sold inside the trolleys in the form of posters
specifically designed to fit pre-placed rails inside the trolleys.
As per the current contract with Limousines of South Florida, the City has the right to sell and
install advertising on the interior and exterior of the vehicles. Limousines of South Florida will
not be charged any expenses for the same and will not collect revenue from any advertising
sales.
RECOMMENDATION
To seek proposals from interested parties, the Administration recommends that the Mayor and
City Commission of the City of Miami Beach, Florida authorize the issuance of RFP 2015-179-
LR for Advertisement for Trolley Vehicles.
N/A
Ad Board Recommendation:
Financial lnformation:
Clerk's Office islative Tracki
Agenda ltem R&A
Financial lmpact Summary:
Alex Denis, Max Sklar
T:\AGENDA\20'15\June 10\Procurement\RFP 2015-179-LR Advertisement Program for Trolley Vehicles - ISSUANCE
Cb MIAMIBEACH Date 6-tolr224
MIAMIBEACH
City of Miomi Beoch, l7O0 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISS N MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
June 10, 2015
TO:
FROM
DATE:
the City
PROPOSALS (RFp) FOR ADVERTTSEMENT PROGRAM
ISSUANCE OF A REQUEST FOR
FOR TROLLEY VEHICLES.
ADMINISTRATION RECOMMENDATION
Authorize the issuance of the RFP.
KEY INTENDED OUTCOME
Maximize the Miami Beach Brand As A World Class Destination.
BACKGROUND
The City of Miami Beach is interested in receiving proposals from qualified vendors that will develop and manage
a revenue advertising program for the City's existing and planned fleet of trolleys. The selected proposer will sell
advertising, install, maintain, and remove advertising on and in the trolleys.
Such advertising shall be in the form of external window advertising on the trolley windows, both sides and the
rear windows, as well as digital advertising on the monitors located inside of each trolley. The City of Miami
Beach reserves 10% of air time at no cost to run Public Service Announcements. Advertising can also be sold
inside the trolleys in the form of posters specifically designed to fit pre-placed rails inside the trolleys.
As per the current contract with Limousines of South Florida, the City has the right to sell and install advertising
on the interior and exterior of the vehicles. Limousines of South Florida will not be charged any expenses for the
same and will not collect revenue from any advertising sales.
To seek proposals for the desired services the Administration is seeking to issue RFP 2015-179-LR.
. MINIMUM QUALIFICATIONS. Please Reference, Appendix C, RFP 2015-179-LR for Advertisement
Program for Trolley Vehicles (attached).
. SUBMITTAL REQUIREMENTS. Please Reference Section 0300, RFP 2015-179-LR for Advertisement
Program for Trolley Vehicles (attached).
. CRITERIA FOR EVALUATION. Please Reference Section 0400, RFP 2015-179-LR for Advertisement
Program for Trolley Vehicles (attached).
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of the RFP for
Advertisement Program for Trolley Vehicles.
ATTACHMENTS
Attachment
ffir,
2015-179-LR for Advertisement Program for Trolley Vehicles.
JLM / MT lKcrB / AD / MS
T \AGENDAUOIsuuno 1dPrc@rment\RFP 2015-17$LR Advsili$menl Prcgram for Trolley Vehids - ISSUANCE SUMMARY.doc
225
R2 - Competitive Bid Reports
R2B Request Approval To lssue A Request For Qualifications (RFO) For Preparation Of
Environmental Analyses For The Miami Beach Portion Of The Beach Corridor Transit
Connection Project And For Review And Evaluation Of Related Proposals As
Necessary.
(Transportation)
(ltem to be Submitted in Supplemental)
Asenda ltem tQZB
Date L-10'lf226
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227
R5
ORDINANCES
228
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance that amends and clarifies the measurement of fences,
walls, and gates within a required yard in Single-Family Residential Districts.
R5AAGE!'IDA ITEIIi
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the Citv to requlate
Item Summary/Recommendation :
SECOND READING - PUBLIC HEARING
The subject Ordinance would allow the overall height of fences, walls and gates in Single-Family
Residential Districts to be measured from adjusted grade, provided that the portion of such fences,
walls or gates above 4 feet in height consist of aluminum pickets with a minimum spacing of 3 inches.
On December 10, 2014 the Land Use Committee discussed the proposed amendments and
recommended that a modification to the measurement of fence heights be referred to the Planning
Board. On December 17 ,2014, the City Commission referred the item to the Planning Board.
On April 15, 2015, the City Commission approved the subject Ordinance at First Reading. On May 6,
2015, the City Commission continued the 2no Reading Public Hearing to a date certain of June 10,
2015.
The Administration recommends that the Citv Commission the attached Ordinance.
On February 24, 2015, the Planning Board (vote of 6-0), transmitted the attached proposal to the
City Commission with a favorable recommendation. (Planning Board File No. 2230).
Financia! !nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Thomas Mooney
T:\AGENDA\2015\June\Fence heights - 2nd Reading SUM.docx
MIAMIBEACH orrs 610 -tf229
MIAMI BEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members o the City
FROM: Jimmy L. Morales, City Manager
DATE: June 10,2015 ECOND READING - PUBLIC HEARING
SUBJECT: Single Family Home Regulations -\Fence Heights
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATTONS (LDR) OF THE C!ry CODE,
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS,"
DIVISION 4, "SUPPLEMENTARY YARD REGULATIONS," AT
SECTION 142.1132, "ALLOWABLE ENCROACHMENTS WITHIN
REQUIRED YARDS," BY AMENDING AND CLARIFYING THE
MEASUREMENT OF FENCES, WALLS, AND GATES WITHIN A
REQUIRED YARD; PROVIDING CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMM EN DATION
The Administration recommends that the City Commission adopt the attached
Ordinance.
BACKGROUND
On September 17,2014, at the request of Commissioner Malakoff, the City Commission
referred a discussion to the Land Use Committee regarding proposed amendments to
the maximum elevation of required yards in reference to increased seawall height
requirements (ltem C4B). On November 5, 2014, the Land Use Committee discussed
proposed amendments and continued the discussion to the December 10,2014
meeting.
On December 10, 2014the Land Use Committee discussed the proposed amendments
and recommended that a modification to the measurement of fence heights be referred
to the Planning Board. On December 17,2014, the City Commission referred the item to
the Planning Board.
ANALYSIS
Currently, within single family districts, the maximum elevation of a required yard is
limited to no higher than 'adjusted grade', which is the midpoint between the minimum
230
Commission Memorandum
Single Family Home Regulations - Fence Heights
June 10,2015 Paqe 2 of 4
required flood elevation and 'grade'. Grade is the sidewalk elevation at the center of the
property. For example, if grade is 4' NGVD, and the minimum flood elevation is 8'
NGVD, then adjusted grade is 6' NGVD. ln this instance the maximum elevation of a
required yard could not exceed 6' NGVD, or 2' above sidewalk grade.
On December 1Oth, 2014, as part of a related Ordinance amendment potentially allowing
increased elevations within required yards, the Land Use Committee recommended that
the heights of fences, walls and gates within interior and rear yards be modified by
measuring such heights from adjusted grade rather than grade as currently required.
Currently, within the required rear or side yard, fences and walls are measured from
grade.
As proposed, within single family districts zoned RS-1 or RS-2, the overall height of
fences, walls and gates would be measured from the adjusted grade, provided that the
portion of such fences, walls or gates above 4 feet in height consist of aluminum pickets
with a minimum spacing of 3 inches. Requiring a more open type picket fence above 4
feet in height will help minimize what could otherwise be a very tall solid structure when
viewed from a neighboring property with a much lower elevation.
PLANNING BOARD REVIEW
On February 24, 2015, the Planning Board (by a 6-0 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation. The Planning
Board also recommended that the proposed Ordinance be limited to homes located in
RS-1 and RS-2 districts.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
SUMMARY
On April 15, 2015, the subject Ordinance was approved at First Reading. At First
Reading, the City Commission requested a map of all RS-1 and RS-2 districts and a
map of properties that are 15,000 SF or larger.
On May 6,2015, the City Commission continued the public hearing to a date certain of
June 10, 2015. The Commission requested additional illustrations of how the revised
fence heights would look. Additionally, the Commission requested that the term
'aluminum' pickets be modified, so as to allow for flexibility in terms of materials. The
requested maps and illustrations of the proposed Ordinance changes (Exhibits A and B)
are attached to this memorandum.
CONCLUS!ON
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM/MAB/RAM
T:\AGENDA\201SUune\Fence heights - 2nd Reading MEM.docx
231
Commission Memorandum
Single Family Home Regulations - Fence Heights
June 10,2015 Page 3 o'f 3
RS-{ and Rs-ZZoning
232
Commission Memorandum
Single Family Home Regulations - Fence Heights
June 10,2015
RS Lots 15,000+ SF
n RS Lots 15.ooo sFandAbove
{Approx.785 parcels}
0 1,25(P,500 5,000 Feet
JULTATUTTLE csrYY [[
233
EXHIBIT'A'- EX]STING
t
6flop{_E!qva_ti9! _ltP 7.0' I
: I I $3uS"r"o-cr"o-"
tr _GraQs _ _tl'o.o'
House Beyond
oE(\,
Lo)
Within Required Sideyard
(up to req, front setback)
VoriesElevationVories (min. 20 feet)
o,
Eo
Required Rear Yard
Existing Fence Height Requirements
MIAMIBEACH
Plonning Deportment
RS-1, RS-2 Zoning District Amendments - Fence Heights
Example of Current Fence Height requirements for a typical RS-1 and RS-
Zoned property with a difference of 7 feet between Grade and Base Flood
Elevation
May 2015. Cfry of Miami Eeach Planning Depadment
234
I
I
I
I
I
I
t
I
5 HopC-Elevation--J
'J, 7.0' :
EXHIBIT'B' . PROPSED
Oper
for p<
4 fee
House Beyond
picket type railiing required
rrtions of fence/wall above
tin height
,:F
r,l _ l,! I----------:J- 7- I Zt Il' T lr o I=ol i-lr6o Ill Ix iE I
o
I
t--++Pulu{G1ae!-e-f'\''9 I ?/i GraQg I n.,
I o-xF(E;
=E t
+l l(o b- l:----+ --jE 6 o' i"
IC,
l' 'l'o.o'
Required Rear Yard
Within Required Sideyard
(up to req, front setback)
Erevation Vories (min' 2o feet)Vories
Proposed Fence Height Requirements
MIAMIBEACH
Plonning Deporiment
RS-1, RS-2 Zoning District Amendments - Fence Heights
Example of Proposed Fence Height requirements for a typical RS-1 and
RS-2 Zoned property with a difference of 7 feet between Grade and Base
Flood Elevation
May 2015. Cny orMiami Beach Planning oepadment
235
May 2015 Cfry ofMiami Beach Plann ng Depanmenl
236
EXHIBIT'B'- PROPOSED
R.
I
10'-0'
Min. Setbock (Typ.)
RS-1 Properties
OPEN PICKEI'TYPE
RAIUNG REQUIRED ABWE
4 FEET IN HEGHI
TYPICAL OLDER HOME
CONSTRUCTION
TYPICAL NEW HOME
CONSTRUCTION
NON HABITABLE SPACE
Proposed Fence Height Requirements
MIAMIBEACH
Plonning Deportmenl
RS-1, RS-2 Zoning District Amendments - Fence Heights
Example of Proposed Fence Height requirements for a typical RS-1 and
RS-2 Zoned property with a difference of 7 feet between Grade and Base
Flood Elevation
237
Fence Heights
ORDINANGE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS (LDR) OF THE
CITY GODE, CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE IV,..SUPPLEMENTARY DISTRIGT REGULATIONS," DIVISION 4, "SUPPLEMENTARY YARD
REGULATIONS," AT SECTION 142-1132, "ALLOWABLE ENCROACHMENTS WITHIN
REQUIRED YARDS," BY AMENDING AND CLARIFYING THE MEASUREMENT OF FENCES,
WALLS, AND GATES WITHIN A REQUIRED YARD; PROVIDING CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, sea level rise and flooding is an ongoing concern of the City, and the City
has previously implemented increased height allowance for single family homes in recognition
of rising sea levels; and
WHEREAS, the raising of required yards in single family districts to adjusted grade is
allowed and encouraged in order to minimize impacts from future flooding events; and
WHEREAS, it is appropriate to amend the amend the height regulations for fences, walls,
and gates within the required side and rear yards based upon the higher yard elevations; and
WHEREAS, these regulations will accomplish these goals and ensure that the public
health, safety and welfare will be preserved in the City's single-family districts.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND GITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 142-1132, "Allowable encroachments within required yards", is
hereby amended as follows:
(h) Fences, walls, and gates. Regulations
walls and gates are as follows:
(1) All districts except l-1 :
pertaining to materials and heights for fences,
Within the required front yard, fences, walls and gates shall not exceed five
feet. as measured from qr . The height may be increased up to a maximum
total height of seven feet if the fence, wall or gate is set back from the front
property line. Height may be increased one foot for every two feet of setback.
For properties zoned multifamily and located within a locally designated
historic district or site, fences shall be subject to the Certificate of
Appropriateness review procedure, and may be approved at the administrative
level.
Within the required rear or side yard, fences, walls and gates shall not exceed
seven feet, as measured from qrade, except when such yard abuts a public
right-of-way, waterway or golf course, the maximum height shall not exceed
five feet. Within RS-1 or RS-2 sinqle familv districts, in the event that a
propertv has approval for adiusted qrade, the overall heioht of fences. walls
a.
b.
238
d.
f.
and oates mav be measured from adiusted qrade, provided that the portion of
such fences, walls or qates above four (4) feet in heiqht consists of open
pickets with a minimum spacino of three (3) inches. unless othenryise approved
bv the desiqn review board or historic preservation board, as applicable.
All surfaces of masonry walls and wood fences shall be finished in the same
manner with the same materials on both sides to have an equal or better
quality appearance when seen from adjoining properties. The structural
supports for wood fences, walls or gates shall face inward toward the property.
Chainlink fences are prohibited in the required front yard, and any required
yard facing a public right-of-way or waterway (except side yards facing on the
terminus of a dead end street in single-family districts) except as provided in
this section and in section 142-1134.
Chainlink fences may be erected to surround vacant lots or vacant buildings to
minimize the possibility of the property becoming a dumping area. Such fence
shall be permitted on a temporary basis for a period not to exceed one year
and subject to its removal prior to the issuance of a certificate of use or a
certificate of occupancy for a main permitted use on the property. ln the
architectural district, such a fence shall be vinyl coated.
Barbed wire or materials of similar character shall be prohibited.
g Vacant lots in the CD-1 , CD-2, CD-3, C-PS1, C-PS2, C-PS3, C-PS4, RM-1,
RM-2, RM-3, R-PS1, R-PS2, R-PS3, R-PS4, RM-PS1, and MXE districts must
be secured against motor vehicle entry at all entry points by a chain, hedge,
fence, or other such material approved by the planning and zoning director.
ln l-1 light industrial districts, within the front, rear or side yard a fence shall not
exceed seven feet. as measured from qr , excluding barbed wire or materials of
similar character. Barbed wire or materials of similar character shall be elevated
seven feet above grade and be angled towards the interior of the lot. The combined
height of a wall or fence plus barbed wire or materials of similar character shall not
exceed nine feet. Vacant lots in the l-1 district must be secured against motor
vehicle entry at all entry points by a chain, hedge, fence or other such material
approved by the planning and zoning director.
For government facilities in GU and CCC districts, a fence surrounding the property
may be located on the property line, not to exceed six feet in height, as measured
from qrade. The height may be increased up to a maximum total height of eight feet
if the fence is set back one foot from the property line, subject to design review
approval; fence(s) shall be constructed in a manner such that there is substantial
visibility through the fence.
(2)
(3)
239
SECTION 2.COD!F!CATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 3. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4.SEVERABILIry
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 shall take effect ten days following adoption.
PASSED AND ADOPTED this day of
ATTEST:
Rafael E. Granado, City Clerk
First Reading: April 1 5,2015
Second Reading: June 10, 2015
Verified By:
Thomas R. Mooney, AICP
Planning Director
Underline = new language
S+ri*e$reugh = deleted language
[Sponsored by Commissioner MalakoffJ
T:\AGENDA\20'1 SUune\Fence Heights - 2nd Reading ORD.docx
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
2015.
Philip Levine, Mayor
240
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THIS PAGE INTENTIONALLY LEFT BLANK
242
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to adopt an Ordinance amendment that provides a definition for a unified
development site.
AGENOA |TEM RS B
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
manaqement across the Citv.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort out forth bv the Citv to is "about the rioht amount."
Item Summary/Recommendation :
SECOND READING - PUBLIC HEARING
The subject Ordinance would create a definition for a 'Unified Development' site. Additionally, text
clean-up language modifications are proposed.
On May 6,2015 the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the attached Ordinance at First
Reading and set a Second Reading Public Hearing for June 10,2015.
The Administration recommends that the City Commission adopt the Ordinance.
Board Recommendation:
Financia! I nformation :
On March 24, 2015, the Planning Board (vote of 5-0), transmitted the proposed Ordinance
amendment to the City Commission with a favorable recommendation. (Planning Board File No.
Source of
Funds:
Amount Account
1
2
3
OBP!Tota!
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Thomas Mooney
T:\AG EN DA\20 1 5\J u ne\Unifi ed Development Site - S U M Second Readin g.docx
MIAMIBEACH DAIE 6rlO-tS243
MIAMIBEACH
City of i iomi Beqch, ,l700 Convenlion Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 118,..ADMINISTRATION AND REV!EW PROCEDURES," ARTICLE !, "IN
GENERAL," SECTION 118-5, "UNITY OF TITLE; GOVENANT !N LIEU
THEREOF," BY AMENDING THE REQUIREMENTS AND STANDARDS FOR
A COVENANT !N LIEU AND BY PROVIDING A DEFINITION FOR UNIFIED
DEVELOPMENT SITE; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFEGTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
on J*" 5t^20-13, at the request of commissioner Tobin, the City Commission referred
a discussion item to the Land Use and Development Committee, pertaining to the
section of the City Code governing Unities of Title and Covenants in Lieu of Unity of
Title. On January 22,2014, the Land Use Committee discussed the item and continued
it to the February 19,2014 meeting in order for staff to properly address the definition of
a 'Unified Development Site'. The item was moved from the February 19, 2014 agenda
to the March 19, 2014 agenda.
On March 19, 2014, the matter was discussed briefly and continued to a date certain of
April 9, 2014. On April 9, 2014, the Land Use and Development Committee
recommended that an Ordinance be referred to the Planning Board to amend the
requirements and standards for a 'Covenant-ln-Lieu' by providing a definition for a
"Unified Development Site. "
On September 10, 2014, the City Commission referred the subject Ordinance to the
Planning Board. On September 23, 2014, the Planning Board (by a vote of 6-0)
transmitted the proposed Ordinance to the City Commission with a favorable
recommendation.
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
June '10,2015
Definition of Unified Development
the City mission
SEGOND READING
244
Commission Memorandum
Definition of Unified Development Site
June 10, 2015 Page 2 of 2
On October 22, 2014, the City Commission, at First Reading, referred the Ordinance
back to the Land Use Committee for further discussion and input.
On January 21, 2015 the Land Use and Development Committee recommended that the
subject Ordinance, as well as a companion Ordinance pertaining to ownership and
covenants in lieu related to lot splits, be referred to the Planning Board. On February 11 ,
2015, at the request of Commissioner Tobin, the City Commission referred both of these
items to the Planning Board.
On April 15, 2015, the City Commission opened and continued the item related to the
"Definition of Unified Development Site" to a date certain of May 6,2015 so that it could
be heard with the companion item regarding Section 118-321 of the Land Development
Regulations.
ANALYSIS
On March 1, 2013, the Board of Adjustment granted an appeal of an Administrative
Decision of the Planning Director, which denied a proposed transfer of Floor Area (FAR)
for a project on a multi-property site. The Administrative Determination, dated April 10,
2012, concluded that a proposed unification of three (3) properties on Collins Avenue
. through the use of a proposed 'Covenant in Lieu of Unity of Title' was not a true "unified
development site" as required by Section 118-5 of the City Code, and the proposed
transfer of development rights did not conform with the applicable Charter provision
1.03(c) or the Land Development Regulations. The Board of Adjustment concluded that
the language of section 1 18-5 did not restrict the proposed unification, granted the
appeal, and then the Board suggested that refinements be considered to more clearly
restrict the unification of unrelated properties for transfer of floor area.
The following is a summary of the relevant Charter and City Code provisions, and
instruments, pertaining to a Unity of Title and a Covenant in Lieu of Unity of Title:
Miami Beach Citv Charter:
Section 1.03(c) of the City of Miami Beach Charter explicitly prohibits the floor area ratio
of any property from being increased by zoning, transfer, or any other means from its
current zoned floor area ratio as it exists currently, without being approved by a public
referendum. This underlying principal has been a critical component in the overall
policymaking of the City, the protection of the historic character of the City's historic
districts, and the careful planning regulation of growth and development.
This Charter provision does include an exception for the division of lots, "q..!@
aqqreqation of development riqhts on unified abuttinq parcels. as mav be
permitted bv ordinance." The ordinance referred to is Section 118-5 of the Land
Development Regulations of the City Code, which discusses unities of title, or covenants
in lieu of unity of title, for multiple buildings proposed for a single lot or for single or
multiple buildings proposed for a unified development site consisting of multiple lots.
Section 1 18-5 - Unitv of Title. Covenant in Lieu Thereof
When a development is proposed over multiple lots, or multiple buildings are proposed
for single or multiple lots, certain documents must be executed to combine the lots or
buildings for zoning purposes. As stated above, these documents may have floor area
implications. Under Section 118-5(a), a Declaration of Restrictive Covenants in Lieu of
245
Commission Memorandum
Definition of Unified Development Site
June 10,2015 Page 3 of 3
Unity of Title must contain the following elements:
1. That the subject site will be developed in substantial accordance with the
approved site plan, after one has been submitted and approved under the city's
land development regulations. That no modification shall be effectuated without
the written consent of the then owner(s) of the [phase] or portion of the property
for which modification is sought, all owners within the original unified
development site, or their successors, whose consent shall not be unreasonably
withheld, and the director of the city's planning department; provided the director
finds that the modification would not generate excessive noise or traffic, tend to
create a fire or other equally or greater dangerous hazard, or provoke excessive
overcrowding of people, or tend to provoke a nuisance, or be incompatible with
the area concerned when considering the necessity and reasonableness of the
modification in relation to the present and future development of the area
concerned. Should the director withhold such approval, the then owner(s) of the
phase or portion of the property for which modification is sought shall be
permitted to seek such modification by application to modify the plan or covenant
at public hearing before the appropriate city board or the city commission of
Miami Beach Florida, (whichever by law has jurisdiction over such matters). Such
application shall be in addition to all other required approvals necessary for the
modification sought. Proposed modifications to the property's use, operation,
physical condition or site plan shall also be required to return to the appropriate
development review board or boards for consideration of the effect on prior
approvals and the affirmation, modification or release of previously issued
approvals or imposed conditions.
2. That if the subject property will be developed in phases, that each phase will be
developed in substantial accordance with the approved site plan.
3. That in the event of multiple ownerships subsequent to site plan approval that
each of the subsequent owners shall be bound by the terms, provisions and
conditions of the declaration of restrictive covenants. The owner shall further
agree that he or she will not convey portions of the subject property to such other
parties unless and until the owner and such other party or parties shall have
executed and mutually delivered, in recordable form, an instrument to be known
as an "easement and operating agreement" which provides for easements
between the parcels. These can contain among other things:
a. Easements in the common area of each parcel for ingress to and egress
from the other parcels;
b. Easements in the common area of each parcel for the passage and
parking of vehicles;
c. Easements in the common area of each parcel for the passage and
accommodation of pedestrians;
d. Easements for access roads across the common area of [each] parcel to
public and private roadways;
e. Easements for the installation, use, operation, maintenance, repair,
replacement, relocation and removal of utility facilities in appropriate
areas in each such parcel;
f. Easements on each such parcel for construction of buildings and
improvements in favor of each such other parcel;
g. Easements upon each such parcel in favor of each adjoining parcel for
246
Commission Memorandum
Definition of Unified Development Site
June 10,2015 Page 4 ol 4
the installation, use, maintenance, repair, replacement and removal of
common construction improvements such as footings, supports and
foundations;
h. Easements on each parcel for attachment of buildings;i. Easements on each parcel for building overhangs and other overhangs
and projections encroaching upon such parcel from the adjoining parcels
such as, by way of example, marquees, canopies, lights, lighting devices,
awnings, wing walls and the like;j Appropriate reservation of rights to grant easements to utility companies;
k. Appropriate reservation of rights to road right-of-ways and curb cuts;l. Easements in favor of each such parcel for pedestrian and vehicular
traffic over dedicated private ring roads and access roads; and
m. Appropriate agreements between the owners of the several parcels as to
the obligation to maintain and repair all private roadways, parking
facilities, common areas and common facilities and the like.
A Unity of Title, and Covenant in Lieu of Unity of Title, are used for various purposes,
and do not always have floor area implications. ln some instances they are just for the
unification of properties of multiple ownerships for easement purposes. However, when
floor area is implicated, it becomes important to examine the charter language, where
the phrase "unified abutting parcels" becomes pertinent.
When the phrase "unified abutting parcels" is used, along'with the covenant in lieu of
unity of title, it becomes possible to transfer floor area between different ownerships of
abutting parcels. The term "abutting parcels" usually refers to parcels that have lot lines
that touch, not separated by a street or alley. However, regardless of ownership, the
amount of FAR permitted by the Code cannot be increased within an overall unified site.
The Administration believes that the current language in the Ordinance can be an
effective planning tool in terms of providing flexibility for the distribution of allowable floor
area within a defined site. Moreover, the existing code does not permit a net increase in
overall FAR, should multiple sites be combined through either a covenant in lieu, or
other legal mechanisms. ln order to continue to provide a flexible planning mechanism, it
is recommended that the term "Unified Development Site" be defined within Section 118-
5 as follows:
"A site where a development rb proposed and consrbts of multiple lots, all
lots touching and not separated by a lot under different ownership, or a
public right of way. A "Unified Development Site" does not include any
lofs separated by a public right-of-way or any non-adjacent, non-
contiguous parcels".
ln addition to providing this definition within Section 118-5, the City Attorney's office has
taken a closer look at the remainder of this Section of the Code and has proposed
clarifying text modifications. These proposed modifications are included in the proposed
Ordinance attached.
PLANNING BOARD REVIEW
On March 24, 2015, the Planning Board (by a 5-0 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
247
Commission Memorandum
Definition of Unified Development Site
June 10,2015 Page 5 of 5
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
SUMMARY
The subject Ordinance was approved at First Reading on May 6, 2015. Subsequent to
approval at First Reading, the Administration identified some minor text issues, which
required clarification. The clarifying text has been incorporated into the body of the
Ordinance and is delineated by a double underscore.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM/MAB/RAM
T:\AGENDA\201 SUune\Unified Development Site - MEM Second Reading.docx
248
DEFINITION OF UN!FIED DEVELOPMENT SITE
ORDINANCE NO
AN ORDINANCE OF THE MAYOR AND GITY GOMMISSION OF THE CITY OF
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 118,..ADMINISTRATION AND REVIEW PROCEDURES," ARTIGLE !, "IN
GENERAL," SEGTION 118-5, "UNITY OF TITLE; GOVENANT lN LIEU
THEREOF," BY AMENDING THE REQUIREMENTS AND STANDARDS FOR A
COVENANT !N LIEU AND BY PROVIDING A DEFINITION FOR UNIFIED
DEVELOPMENT SITE; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILIry AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach contains a variety of building sites, with numerous
variations in uses and development rights; and
WHEREAS, the Land Development Regulations of Miami Beach have been promulgated
to provide for compatibility of new development within the built context of the City of Miami
Beach; and
WHEREAS, the Land Development Regulations contain certain provisions that govern
Covenants in Lieu of Unity of Title and Unified Development Sites.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY GOMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA
SECTION 1. Chapter 118, "Administration and Review Procedures," Article l, "ln General," of
the Land Development Regulations of the Code of the City of Miami Beach is hereby amended
as follows:
Sec. 118-5. Unity of title; covenant in lieu thereof.
The term "Unified Development Site" shall be defined as a site where a development is
proposed and consists of multiple lots, all lots touchinq and not separated bv a lot under
different ownership. or a public rioht of wav. A "Unified Development Site" does not include anv
lots separated bv a public riqht-of-wav or anv non-adiacent. non-contiquous parcels.
All applications for building permits where mtJtiple buildings and/or improvemenb are
proposed for a single lot or where sing+e-€r-mrJ+iple buildins(s) are proposed for a unified
development site eensisting ef multiple lets, shall be accompanied by one of the following
documents:
Fer purpeses ef thl
where develepment l
by anether let, strc
1of 5
249
(1) Unitv of Title. A unitv of title shall be utilized when there is solelv one owner of the entire
Unified Development Site. TheA unity of title, approved for legal form and sufficiency by the city
attorney, whieh-shall run with the land and be binding upon the owner's heirs, successors,
personal representatives and assigns, and upon all mortgagees or lessees and others presently
or in the future having any interest in the property; or
(2) Covenant in Lieu of Unitv of Title. A Covenant in Lieu of Unitv of Title or a A declaration of
restrictive covenants, shall be utilized when the Unified Development Site is owned. or is
proposed for multiple ownership, includinq but not limited to a condominium form of ownership.
a{se+alleC+ The covenant in lieu of unity of title shall be approved for legal form and sufficiencybythecityattorney.shallrunwiththelandandbe
binding upon the owner's heirs, successors, personal representatives and assigns, and upon all
mortgagees and lessees and others presently or in the future having any interest in the
property. The deelaratien covenant shall contain the following necessary elements:
a. The su@t--siee unified development site shallwill be developed in substantial
accordance with the approved site plan; after ene has been submitted andappreved
iens
n. +nat& modification tolhe-tite-plan shall be effectuated without the written consent
of the then owner(s) of the unified develooment site
for which modification is sought-;g
c. Standards for reviewinq a modification to_lhe-tite_plan. A mqdification mav be
requested. provided all owners within the original unified development site, or their
successors, whose consent shall not be unreasonably withheld, execute the
application for modification. The -and-the-director of the city's planning department
shall review the application and determine whether the request is for a minor or
substantial modification. lf the request is a minor modification. the modification mav
be approved administrativelv bv the plannino director. lf the modification is
substantial, the request will be reviewed bv the applicable Board. after public
hearino. This application shall be in addition to all other required approvals
necessarv for the modification souqht.
A minor modification ,-previ ien would not
generate excessive noise or traffic;; tend to create a fire or other equally or greater
dangerous hazard-- er-provoke excessive overcrowding of people;, er tend to
provoke a nuisance;r nor be incompatible with the area concerned when considering
the necessity and reasonableness of the modification in relation to the present and
future development of the area concerned. Sheuld the direeter withheld sueh
eity eemmissien ef Miami Beaeh Flerida, (whiehever by law has jurisdietien ever sueh
mattere)+ Suen apptieatien s
prie+apprevals and the affirmatien; medifieatien er release ef previeusly issued
@iens=
2of5
250
A substantial modification would create the conditions identified above. A substantial
modification may also includeg a request to modifv the uses on the unified
development site: the operation, ohvsical condition or site plan. Atrl-sueh
substantial modifications shall be required to return to the appropriate development
review board or boards for consideration of the effect on prior approvals and the
affirmation, modification or release of previouslv issued approvals or imposed
conditions.
db That if the unified development site@ is to be developed in
phases, that each phase will be developed in substantial accordance with the
approved site plan.
ge. +ffi the event of multiple ownerships subsequent to site plan approval that each
of the subsequent owners shall be bound by the terms, provisions and conditions of
the covenant in lieu of unitv of title . The owner
shall further agree that he or she will not convey portions of the subject property to
such other parties unless and until the owner and such other party or parties shall
have executed and mutually delivered, in recordable form, an instrument to be
known as an "easement and operating agreement" which shall include, but not betimitedto@ings:
i. Easements for in the common area(s) of each parcel for ingress to and egress
from the other parcels;
ii. Easements in the common area(g) of each parcel for the passage and parking
of vehicles;iii. Easements in the common area(q) of each parcel for the passage and
accommodation of pedestrians;
iv. Easements for access roads across the common area(s) of the unified
development site teaenl+areet to public and private roadways;v. Easements for the installation, use, operation, maintenance, repair,
replacement, relocation and removal of utility facilities in appropriate areas in the
u n ified deve I opment site eaeh+ueh+areel;vi. Easements on each sueh parcel within the unified development site for
construction of buildings and improvements in favor of each such other parcel;
vii. Easements upon each such parcel within the unified development site in
favor of each adjoining parcel for the installation, use, maintenance, repair,
replacement and removal of common construction improvements such as
footings, supports and foundations;viii. Easements on each parcel within the unified development site for
attachment of buildings;
ix. Easements on each parcel within the unified development site for building
overhangs and other overhangs and projections encroaching upon such parcel
from the adjoining parcels such as, by way of example, marquees, canopies,
lights, lighting devices, awnings, wing walls and the like;
x. Appropriate reservation of rights to grant easements to utility companies;
xi. Appropriate reservation of rights to road right-of-ways and curb cuts;
xii. Easements in favor of each such parcel within the unified development site
for pedestrian and vehicular traffic over dedicated private ring roads and access
roads; and
xiii. Appropriate agreements between the owners of the €€\reratpar€eb unified
development site as to the obligation to maintain and repair all private roadways,
parking facilities, common areas and common facilities and the like.
3ofS
251
xiv. Such easement and operatinq aqreement shall contain such other
provisions with respect to the operation. maintenance and development of the
propertv as to which the parties thereto mav aqree. or the director mav require,
all to the end that althouqh the propertv mav have several owners. it will be
constructed, conveved. maintained and operated in accordance with the
approved site plan. The plannino department shall treat the unified site as one
site under these land development reoulations, reoardless of separate
ownerships.
These provisions or portions thereof may be waived by the planning director if
they are not applicable to the subject property (such as for conveyances to
purchasers of individual condominium units). These provisions of the easement
and operating agreement shall not be amended without prior written approval of
the city attorney. ln additien; sueh easement and eperating agreement strall
eentain sueh ether previsiens with respeet te the eperatien, maintenanee and
direeter may require; all te the end that altheugh the preperty may have several
ewners; it will be eenstrueted; eenveyed; maintained and eperated in aeeerdanee
with the appreved site plan, Tlr+department shalltreat the unified sib as ene site
under these land develepment regulatiens, regardless ef separate ewnerships,
The declaration of restrictive covenants shall be in effect for a period of 30 years
from the date the documents are recorded in the public records of Miami-Dade
County, Florida, after which time they shall be extended automatically for
successive periods of ten years unless released in writing by the then owners and
the planning director, acting for and on behalf of Miami Beach, Florida, upon the
demonstration and affirmative finding that the same is no longer necessary to
preserve and protect the property for the purposes herein intended.
Enforcement of the declaration of restrictive covenants shall be by action at law or in
equity with costs and reasonable attorneys'fees to the prevailing party.
***
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
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or part of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
Id
fe.
4of5
252
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption
PASSED and ADOPTED this _ day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
First Reading. May 6, 2015
Second Reading: June 10, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
Stri*et+reugh denotes deleted language
Double-IJnderscote denotes clarifying text added after First Reading
[Sponsored by Commissioner Tobin]
[Co-sponsored by Commissioner Grieco]
T:\AGENDA\201 SUu ne\Unifi ed Development Site - ORD Second Reading.docx
APPROVED AS TO
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COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to adopt an Ordinance amendment that clarifies the requirements and standards for
a lot split to allow a change in the form of ownership without requiring a lot split.
Item Summary/Recommendation :
SECOND READING - PUBLIC HEARING
The subject Ordinance would clarify that the use of a covenant in lieu of unity of title for a building site
or unified development site would not be considered a transfer of ownership requiring planning board
review. Additionally, text clean-up language modifications are proposed.
On May 6,2015 the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the attached Ordinance at First
Reading and set a Second Reading Public Hearing for June 10,2015.
The Administration recommends that the City Commission adopt the Ordinance.
AGEHDA ITEM R SC
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
roMh manaqement across the Citv.
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to requlate development is "about the rioht amount."
On March 24, 2015, the Planning Board (vote of 5-0), transmitted the proposed Ordinance
amendments to the City Commission with a favorable recommendation. (Planning Board File No.
Financia! Information :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long{erm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Thomas Mooney
\AGENDA\2015\June\Form of Ownership-Lot Split Review - SUM Second Reading
MIAMIBEACH a*re L'lo4f255
MIAMIBEACH
Cify of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33'l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Members of
Jimmy L. Morales, City Manager
June 10,2015
Revision to Lot SpliUForm of
City
SECOND READING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY GODE, BY AMENDING CHAPTER 118,..ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE IV,.,DIVISION OF LAND/LOT SPLIT", AT SECTION 118-321, ENTITLED
,.PURPOSE, STANDARDS AND PROCEDURE" IN ORDER TO CLARIFY
THE REQUIREMENTS AND STANDARDS FOR A LOT SPLIT TO ALLOW A
CHANGE IN THE FORM OF OWNERSHIP OF BUILDING SITES OR
UNIFIED DEVELOPMENT SITES TO ALLOW OWNERSHIP BY AN
INDIVIDUAL, OR VIA A GOVENANT IN LIEU OF UNITY OF TITLE WITHOUT
REQUIRING A LOT SPLIT; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
ADMI NISTRATION RECOMM ENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On September 10,2014, the City Commission referred an Ordinance regarding a
definition for a "Unified Development Site" to the Planning Board. On September 23,
2014, the Planning Board (by a vote of 6-0) transmitted this proposed Ordinance to the
City Commission with a favorable recommendation. On October 22, 2014, the City
Commission, at First Reading, referred the Ordinance back to the Land Use Committee
for further discussion and input.
On January 21, 2015 the Land Use and Development Committee discussed the revised
Ordinance pertaining to Unified Development Sites. The Committee recommended that
the subject Ordinance, pertaining to ownership and covenants in lieu related to lot splits,
be referred to the Planning Board as a companion to the Ordinance defining a "Unified
Development Site." On February 11, 2015, at the request of Commissioner Tobin, the
City Commission referred both of these items to the Planning Board.
256
Commission Memorandum
Revision to Lot SpliUForm of Ownership
June 10,2015 Page 2 o'f 2
ANALYSIS
While reviewing the proposed modifications of the Ordinance Amendment proposed for
Section 118-5 ("Unified Development Sites"), staff noticed an inconsistency with the
requirements of Section 118-321, pertaining to a "Division of Land and Lot Splits," as it
pertains to covenants in lieu of unity of title.
ln order to address this inconsistency, the subject Ordinance proposes modifications to
Section 118-321, in order to clarify that the use of a covenant in lieu of unity of title for a
building site or unified development site would not be considered a transfer of ownership
requiring planning board review.
ln addition to providing the aforementioned modification, the City Attorney's otfice has
taken a closer look at the remainder of this Section of the Code and has proposed
clarifying text modifications. These proposed modifications are included in the proposed
Ordinance attached.
PLANNING BOARD REVIEW
On March 24, 2015, the Planning Board (by a 5-0 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
SUMMARY
The subject Ordinance was approved at First Reading on May 6, 2015.
CONCLUS!ON
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM/MAB/RAM
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257
Revision to Lot SpliUForm of Ownership
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 118,..ADMINISTRATION AND REVIEW PROCEDURES,'' ARTICLE IV, "DIVISION
OF LAND/LOT SPL!T", AT SECTION 118.321, ENTITLED "PURPOSE,
STANDARDS AND PROCEDURE" IN ORDER TO CLARIFY THE
REQUIREMENTS AND STANDARDS FOR A LOT SPLIT TO ALLOW A
GHANGE IN THE FORM OF OWNERSHIP OF BUILDING SITES OR UNIFIED
DEVELOPMENT SITES TO ALLOW OWNERSHIP BY AN INDIVIDUAL, OR
VIA A GOVENANT IN LIEU OF UNITY OF TITLE WITHOUT REQUIRING A
LOT SPLIT; PROVIDING FOR CODIFIGATION, REPEALER, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach contains a variety of building sites, with numerous
variations in uses and development rights; and
WHEREAS, the Land Development Regulations of Miami Beach have been promulgated
to provide for compatibility of new development within the built context of the City of Miami
Beach; and
WHEREAS, the Land Development Regulations contain certain provisions that govern a
covenant in lieu of unity of title (otherwise known as a "Declaration of Restrictive Covenants in
Lieu of Unity of Title") and Unified Development Sites; and
WHEREAS, the Land Development Regulations also regulate the splitting of an
improved or unimproved developable site, or a unified development site; and
WHEREAS, as currently worded section 118-321 of the Land Development Regulations
requires a lot split procedure to be utilized even if the only action is to change the form of
ownership of the developable site or unified development site from a single entity to several
entities via a covenant in lieu of unity of title; and
WHEREAS, a lot split is intended to regulate the possible separate and district
ownership of the property that was once a larger site, and authorizing those separate uses and
separate ownership with no legal or construction connection between the lots; and
WHEREAS, a covenant in lieu of unity of title maintains the entire parcel enact, and
requires all parties to the covenant to agree to develop as one lot, and requires amongst other
things, cross access easements to ensure the entire parcel is utilized as one legal entity; and
requires consent of all the parties to the covenant as to any development; and
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258
WHEREAS, requiring a lot split simply because of the change of ownership style to allow
more than one owner through a covenant in lieu of unity of title, is an unnecessary process for a
property owner to have to undergo and does not protect the City or its building sites from lot
splits, but rather, creates additional bureaucracy, without any safeguards; and
WHEREAS, the City would like to clarify section 118-321to continue to require lot split
review may be owned by multiple persons, jointly and severally, under a covenant in lieu of unity
of title; and
WHEREAS, the administration recommends the clarification of section 118-321, of the
Land Development Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSTON
OF THE CITY OF MIAMI BEACH, FLORIDA
SECTION 1. The City of Miami Beach Land Development Regulations, at Chapter 118,
"Administration and Review Procedures," Article lV, "Division of Land/Lot Split"," under Section
118-321, entitled "Purpose, standards and procedure" is hereby amended as follows:
ARTICLE VII. . DIVISION OF LAND/LOT SPLIT
Sec. 118-321. - Purpose, standards and procedure.
ln order to maintain open space and neighborhood character, wherever there may exist a
main permitted structure and any accessory/auxiliary building or structure including, but not
limited to, swimming pools, tennis courts, walls, fences, or any other improvement that was
heretofore constructed on property containing one or more platted lots or portions thereof, such
lots shall thereafter constitute only one building site and no permit shall be issued for the
construction of more than one main permitted structure on the site unless the site is approved
for the division or lot split by the planning board.
No lot(s), plot(s) or parcel(s) of land, whether improved or unimproved or building site,
unified development site. as defined herein, designated by number, letter or other description in
a plat of a subdivision, shall be further divided or split, for the purpose, whether immediate or
future, of transfer of ownership or development, without prior review and approval by the
planning board. fne use of a covenant
of restrictions in lieu of unitv of title") for an improved or unimproved building site or unified
development site is not considered a transfer of ownership requirinq planninq board review. Lots
shall be divided in such a manner that all of the resulting lots are in compliance with the
regulations of these land development regulations. All lot lines resulting from the division of a lot
shall be straight lines and consistent with the configuration of the adjoining lots.
2of5
259
lf a main permitted structure is demolished or removed therefrom, whether voluntarily,
involuntarily, by destruction or disaster, no permit shall be issued for construction of more than
one main permitted structure on the building site unless the site is approved for the division or
lot split by the planning board.
A. Procedure.
All applicants shall provide as part of the application process copies of all deed
restrictions, reservations or covenants applicable to the building site, lot, plot or
parcel of land being considered for division or split, and an opinion of title that, as of
a date not more than 120 days before the planning board's decision upon the
application, none of such matters prevent or serve as exceptions to the division or
split requested. No variance from this requirement shall be allowed.
Any applicant requesting the establishment or separation of building sites shall pay
the fee for division of lot or lot split as provided in appendix A. The fees in this
section are for the purpose of defraying expenses of public notices and other
administrative costs in connection with processing applications. An additional fee as
provided in appendix A shall be required for an after-the-fact application.
lf a deferment or an extension of time is requested by the applicant, an additional
fee as provided in appendix A shall be assessed.
lf a request for a deferral is submitted by the administration or the planning board,
and not at the request of an applicant, there will be no additional charge.
lf the applicant withdraws the application after it has been accepted by the planning
department, but prior to the public noticing of the request, the city shall refund 50
percent of required fees.
B. Review criteria. ln reviewing an application for the division of lot and lot split, the
planning board shall apply the following criteria:
(1) Whether the lots that would be created are divided in such a manner that they are
in compliance with the regulations of these land development regulations.
Whether the building site that would be created would be equal to or larger than the
majority of the existing building sites, or the most common existing lot size, and of
the same character as the surrounding area.
Whether the scale of any proposed new construction is compatible with the as-built
character of the surrounding area, or creates adverse impacts on the surrounding
area; and if so, how the adverse impacts will be mitigated. To determine whether
this criterion is satisfied, the applicant shall submit massing and scale studies
reflecting structures and uses that would be permitted under the land development
regulations as a result of the proposed lot split, even if the applicant presently has
no specific plans for construction.
Whether the building site that would be created would result in existing structures
becoming nonconforming as they relate to setbacks and other applicable
regulations of these land development regulations, and how the resulting
nonconformities will be mitigated.
Whether the building site that would be created would be free of encroachments
from abutting buildable sites.
Whether the proposed lot split adversely affects architecturally significant or historic
homes, and if so, how the adverse effects will be mitigated. The board shall have
the authority to require the full or partial retention of structures constructed prior to
(1)
(2)
(5)
(2)
(3)
(4)
(3)
(4)
(5)
(6)
3ofS
260
1942 and determined by the planning director or designee to be architecturally significant
under subsection 1 42-1 08(a).
C. Final decision. ln granting a division of land/lot split, the planning board may prescribe
appropriate conditions and safeguards, including but not limited to a condition restricting
the size of new structures to be built on the resulting lots, based upon the application's
satisfaction of and consistency with the criteria in subsection B above, and the board's
authority under section 118-51. Violation of such conditions and safeguards, when made
a part of the terms under which the division of land/lot split is granted, shall be deemed a
violation of these land development regulations.
The decision of the planning board shall be final and there shall be no further review
thereof except by resort to an appellate court of competent jurisdiction by petition for writ of
certiorari.
D. Procedure to request adjustment to the after-the-fact fee. The planning board may adjust
the after-the-fact fee based on substantial competent evidence that there are
extenuating circumstances that warrant such an adjustment. The request for a fee
adjustment shall be in writing at the time the application for a lot split is filed with the
planning department. The adjusted after{he-fact fee shall not be less than the regular
application fee.
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 relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article", or
other appropriate word.
SECTION 3. REPEALER.
All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
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261
SEGTION 5. EFFEGTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this _ day of
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
First Reading:
Second Reading:
Verified by:
Planning Director
Underscore denotes new language
St+r*e$reugh denotes deleted language
[Sponsored by Commissioner Tobin]
[Co-sponsored by Commissioner Grieco]
F:\ATTO\BOUE\Ordinances\2240 - Unified Dev Site - Lot Split - ORD [6-10-15 2nd Reading].docx
2015.
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
May 6,
June 1
2015
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264
lntended Outcome Su
COMMISSION ITEM SUMMARY
AGEtrtDAtrEu RSD
Condensed Title:
Second Reading to adopt an Ordinance Amendment to require that no building permit or board order
shall be issued for any lot or site with a building permit valued at $250,000 or more without a
construction parking and traffic management plan (CPTMP) approved by the Parking Director
pursuant to Chapter 106 and to authorize the placement of the fines or penalties collected from
enforcement of Chapter 106 CPTMP's, into the Fee in Lieu of Providing Parking account.
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the Citv to requlate is "about the rioht amount."
ltem Summary/Recommendation :
SECOND READING - PUBLIC HEARING
The proposed Ordinance is a companion to an amendment adopted by the City Commission on
February 11,2015, that requires a construction parking plan as part of the building permit process.
The proposed Ordinance incorporates this requirement into the Land Development Regulations. lt
also provides that any fines collected under the parking plan for construction workers/staging are
properly accounted for under the Fee in Lieu of Parking Program account.
On May 6, 2015 the City Commission 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
set a Second Reading Public Hearing for June 10,2015.
The Administration recommends that the City Commission adopt the Ordinance.
Board Recommendation:
Financial lnformation :
On March 24, 2015 the Planning Board recommended approval of the subject Ordinance by a vote
of 5 to 0 (Planning Board File No.2243).
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financia! lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Thomas Mooney
T:\AGENDA\2015\June\Parking Plan Construction Workers - Second Reading SUM.
MIAMIBEACH sqlg 6-to -l 5-265
MIAM!BEACH
City of Miomi Beach, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members + the City
Jimmy L. Morales, City Manager i
June 10,2015
Parking Plan for Construction Wolkers
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry
OF MIAMI BEACH, FLORIDA, AMENDING SECTION 1144 ENTITLED
"COMPLIANCE WITH REGULATIONS REQUIRED;" CREATING
SUBSECTTON (12) PROVTDTNG THAT NO BUTLDTNG pERMtT OR BOARD
ORDER SHALL BE ISSUED FOR ANY LOT OR SITE WITH A BUILDING
PERMIT VALUED AT $25O,OOO OR MORE WITHOUT A GONSTRUCTION
PARKING AND TRAFFIC MANAGEMENT PLAN (CPTMP) APPROVED BY
THE PARKING DIREGTOR PURSUANT TO CHAPTER fO6, ARTICLE II,
DIVISION 3, ENTITLED "CONSTRUCTION MANAGEMENT PLAN"; AND
MODIFYING CHAPTER 130, ARTICLE IV ENTITLED "FEE IN LIEU OF
PARKING'' BY AMENDING SECTION 130.134, ENTITLED "DEPOSIT OF
FUNDS/ACCOUNT"; BY AUTHORIZING THE PLACEMENT OF THE FINES
OR PENALTIES COLLECTED FROM ENFORCEMENT OF CHAPTER 106
CPTMP, INTO THIS ACCOUNT TO BE UTILIZED FOR THE PURPOSES
PROVIDED THEREIN; PROVIDING FOR REPEALER; SEVERABILITY;
GODIFICATION; AND AN EFFEGTIVE DATE.
ADM! NISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On February 11,2015, at the request of Commissioner Michael Grieco, the City
Commission referred an Ordinance Amendment to the Planning Board and to the Land
Use and Development Committee (ltem C4H), regarding required parking plans for
construction projects.
ANALYSIS
On February 11,2015, the City Commission adopted an amendment to Chapter 106 of
the City Code, in order to require a construction parking plan as part of the building
permit process.
The subject Ordinance is a companion to the Chapter 106 amendment, requiring a
TO:
FROM:
DATE:
SUB.JECT:
SECOND READING
266
Commission Memorandum
Parking Plan for Construction Workers
June 10,2015 Page 2 of 2
parking plan for construction projects. ln this regard, sections 114-4 and 130-34 are
proposed to be amended, as more specifically noted in the attached Ordinance. The
ordinance modifications ensure that any fines collected under the parking plan for
construction workers/staging are properly accounted for under the Fee in Lieu of Parking
Program account.
PLANNING BOARD REVIEW
On March 24, 2015, the Planning Board (by a 5-0 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
SUMMARY
On May 6,2015, the City approved the Ordinance at First Reading and set a Second
Reading Public Hearing for June 10,2015.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM/MAB/RAM
T:\AGENDA\20'l5Uune\Parking Plan Construction Workers - Second Reading MEM.docx
267
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING SUBPART A - GENERAL ORDINANCES, CHAPTER
106 ,'TRAFF|C AND VEHICLES", AT ARTTCLE t, DtVtSION 1 ENTTTLED.,GENERALLY", TO CLARIFY THAT A PARKING ENFORCEMENT SPECIALIST MAY
ISSUE CODE COMPLIANCE VIOLATIONS UNDER SECTION 106.116 THROUGH
106-'126, WITH ENFORCEMENT THROUGH THE SPECIAL MASTER; AND AT
ARTICLE ll ENTITLED "METERED PARKING; CREATING DIVISION 3 ENTITLED "-
CONSTRUCTION PARKING AND TRAFFIC MANAGEMENT PLAN";AND CREATTNG
SECTIONS 106-116 THROUGH 106-130; PROVIDING FOR LEGISLATIVE INTENT;
DEFINITIONS; CREATING A REQUIREMENT THAT ALL CONTRACTORS PROVIDE
TRAFFIC PLAN TO THE BUILDTNG AND PARKING DEPARTMENT(S) pRtOR TO
OBTA]NING A BUILDING OR GRADING AND SHORING PERMIT FOR ALL
PROJECTS OVER A CERTAIN CONSTRUCTION THRESHOLD; TO ENSURE THAT
ALL EMPLOYEES, CONTRACTORS, AND SUBCONTRACTORS ARE PART OF A
TRAFFIC MANAGEMENT A,ND PARKING PLAN FOR PARKING OF VEHICLES;
PROVIDING FOR PENALTIES, ENFORCEMENT PROCEDURES AND APPEALS;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE D,ATE.
WHEREAS, the City Code at Chapter 106, entitled "Traffic and Vehicles,' regulates all mafters
relating to traffic and vehicles within the City of Miami Beach; and
WHEREAS, There exists in areas of the City, heavy cona-entration of constructlon activig and
related construction employee vehicles that park for extended peribds usurping parking avallability all
day; congregating at various poinis; and committing offenses agalnst the peace and dlgnity of the City
and the residents thereof; and ;
WHEREAS, the presence of these vehicles cause vehicular traffic congestion on commercial and
residential streets, impede the movement of traffic, and unduty restrict access to patrons and vlsitors to
commercial areas and residents and their visitors to their homes; and
WHEREAS, such vehicular congestion creates polluted air, excessive noise, trash and refuse;
and
WHEREAS, that the conditions and impacts rnentioned above reduces parking availability and
creates blighted or deteriorated residential areas; and
WHEREAS, the establishment of a requirement of a Construction Management Plan for traffic
and parking to preserve the resident quality of life and character of residential neighborhoods, preserve
property values, and preserve the safety of children and other pedestrians; and
WHEREAS, to ensure that the definitions are clear, concise, and for facility of use to the
community and,
WHEREAS, the proposed modification to the Chapter 106 of the City Code are necessary to
accomplish the above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
268
SECTION 1. Chapier 106, "Traffic and Vehicles," Article l, at Division 1 entitled "Generally," is herebyamended; and Afticle ll entitled, "Metered Parking,' is amended to create Division 3, entitled
"Construction Parking And Traffic Management Plan" as follows:
CHAPTER 106 TRAFFIC AND VEHICLES
o*ril.. r
DIVISION I. GENERALLY
Sec. 106-53. - Duties of Parking Enforcement Specialist in case of overtime parking.
(a) lt shalt be the duty of the Parking Enforcement Specialist of the City, acting in accordance with
instructions issued by the Parking Directol to issue a citation to the violators of Section 106-46 or 106-49,
containing the following information:
(1) The number of the parking meter that indicated that the vehicle occupying the parking space
adjacent to such parking meter is or had been parked in violation of any of the proviiions of
section 10546 or 106-48.
(2) The state and license number of such vehicle.
(3) The date and time at which such vehicle was seen or found parked in violation of any of the
provisions of section 106-46 or 106-48.
(a) Any other facts a knowledge of which is necessary to a thorough understanding of the. circumstances attending such violation, and facilitate the determining of ownership of such
vehicle.
(b) When the operator of the vehicle is not available each such Parking Enforcement Specialist shall
attach to such vehicle the citation to the owner thereof that such vehicle has been parked in violation of
sec'tion 106-46 or 106-48, and instructing such owner to either pay the parking fine or contest the citation
as provided on the citation within 30 days in regard to such violation.
(c) The Parkino Enforcement Specialist shall enforce the orovisions of Article ll. Divisjgn 3. sections
106-116 throuqh 116-126. throuoh the Code Comoliance Procedures of Chaoter 30. An apoeal of a
ciiation under Article ll. Division 3. shail be to the Soecial Master.
ARTICLE II METERED PARKING
DIVISION 3. GONSTRUCTION PARKING AN; TR;FFI; MANAGEMENT PLAN
Sec. 106-116. Declaration of necesslfu and purpose.
It is hereby found and dgclared that:
(a) Thgle exists in areas of the Citv, heavv concentration of construction actiJlty and related
construction emolovee vehicles that oark for extended oeriods usuroino oarkino availabilltv all
dav: congreggrtinq at various oointsj and committing offenses aoainst the oeace and dionllv of
the Citv and the residents thereof.
269
(b) The oresence of these vehicles cause vehicular traffic conqestion on commercial and.
residential streets. imoede the movement of tratfic. and undulv restrict access to patrons and
visitors to commercial.areas and residents and their visitors to thelr homes.
(c) Such vehicular conoestion creates oolluted air, excessive noise. trash and refuse.
(d) That the conditions and evils mentioned in subsections (1). (2). and_(Q) of.lhis section
redu.ces parkinq availability and creates bliohted or deteriorated rgsidential and commercial
areas.
(e) The establishment of a reouirement that a contractor orovide a Construction Manaqement
Plan (CMP) due to the traffic and parkinq impacts caused bv the construction product would
assist the Cit.v in oreservino the residents' guality of life: ensure the hiqh qualitv of our
residential and commercial neiqhborhoods: would oreserve orooertv values: and preserve the
safet.v of children and of all oedestrians in the Citv.
Sec. 106-117. Definitions.
The followinq words, terms and phrases. when used in this division, shall have the meanings ascribed to
them in this section. except where the context clearlv indicates a different meaninq:
Commercrbl area means a contiouous or nearl)r contiquous area containing oublic streets or parts thereof
primarilv abuttg.d bv commercial. orlgtail oropertv. Commercial area shall contain at least hatf a city blocl!
bordered bv three public streets, and. if there is an alleywav. also bv the allewav.
Consfrucfbn Emoloyee Vehicle (CEV) means a motor vehicle ooerated in or oarked bv an emolovee. or
subcontractor of a con_struction contractor for extended oerio4g.gf the dav. which result in an imoact on
the communitv aS identified below as a CEVPI.
Construction Emolovee Vehicle Parkinq lmoact (CEVPlt means:
(1) A condition wherebv:
a. Municioal (on and off-street) parkinq soaces are limited in ouantities and for extended
oeriods of the dav factuallv occuoied Mondav throuoh SaturdaV, of any month bv
construction emolovee, contractor or subcontractor vehicles: and
b. CEVs oark on municipal on and off-street oarking spaces. intended for commercial or
residential useg: or
(2) A condition wherebv anv number of construction related vehicles are being driven into or left
reoularlv in a commercial or residential area and the CEV drivers are parking at those locations
for purposes unrelated tq commercial. retail or residential uses.
(1) ln order to ollduff maintain a.Building and/or Gradinq and Sborino Permit for all proiects with a
value in excess of $250JXQ0,.!I!. the Contractgr of record shall be required to provide to the City a CMP.
The Parkino Direcior shall review the CMP. Failure to provide the CMP. or ob-tain Parkino Director
approval of the CMP shall oreclude the issuance of a Buildinq or Gradino and Sh.grino Permit. The GMP
shall minimize CEV.PI to the sunoundinq commercial or residential areas. The CMP musl
f3l The CEVPI aermit a
R-esrdenf&/ areas means a_.contiguous or nearly contiouous ?rea containinq oup-lic streets or oarts thereof
orimarilv abutted by residential orooerty or residential and nonbusiness orooertv such as schools. oarks.
church.es, hospitals. and nursino homes. A residential area shall contain at least half a citv block bordered
bv three-(3) public streets. and. if there is an allewvav. also bv the allevwav.
Sec. 106-118. Creation of Construction Manaqement Plan (GMP).
270
g- Beduce CEVPI related to the prooosed construction:b. contain conqtructign relat+ parkino wi.thln tfre prd&t site, whenever possiblg9. Document where lhe oarKinq areas will b ontractoEand contractors, if not on site: andd. T[e-gontractor.,owler,of the p.rooertu. and tenant are required to sion. under oath. theprooo=sed CMP. confirmino iheir understan
comoliance.
(3) The Citu's munic e located at 42 Skeplsav nqlbe used for CEVPI or Cry
.ri* Cit wt""r""r
Parkino qirector authorization and final aut
Sec. 106-119. Requirements of CMP.
(1) The CMP shall contain the followino reouired elements to address the CEVPI:
a. A goov of the.bltildino oermit aoolication/orocessino number. that is not exolred. with the
Buildinq Deoartmen-t.
b. A sYstem to minimize the effect of QEV oarkino in commercial and residential neighborhoods.c. Do"gurnent ihe lrumber of workers: identifu bv descriotion and vehiCie license plat,e;umber ajl
vehicles thq! yill be oresent on the site durino various phases offi
whether sufficient privatelv owned/operated off-street oarkino will be provided. provide]Eii
qf such off-street private parkinq aranoements.d. The construction contractor. owner/develooer shall schedule a ore-construction meetino with.
. Citv statf after oermit issuance, but orior tq start of work. to review CMP@
(2) The Cgnstruction Site Parking and Staging Plan shall provide the followino specific information:
a. All constructign . related oarking (whether for emplovees, contractors, subcontractors.
suppliers, etg.), sh?ll be located on-site wher-e the construction is to take place. or at an
aooroved off-site locations, as aporoved by Cit!: Staff. Swale. rioht-of-wav. pr parkinq
netered locgtions mav he permitted. upon aoproval of the Parkino Director. to be used for
loadino, deliveries, and -suoplies. However, ihis tempgrarv authorizaiion sh;ill;t bE
considered a orooer parkino area for emoloyees. subcontractors or contractors trnder tire
CMP.b. Delineate the 9etail$ as to the numbef of orooosed vehicles:. tvoe of vehicles. accessino the
construction Site; identifu the vehicles bv vear. make. model, and Florida license ola,te
number,
c. tdentifu wherg al! on-site parkino will be logated (minimum 8.5'x18' oer stall) and how vehicles.
)ryill enter and exit the construct site from or the street.d. lf offisitg partinq is required to accommodate emolovee, subqontraclor or contractor parkino
needs. ide4tify the off-site location to be used and how the e@
contractors wifl,qet tg and from the construction site. Provide proof of lease. exclusive use.
etc. to the Parkino Director as oark of the CMp.f. ldenli& anv fencino around the construction site and all access points. A site plan lnav be
requiredg. Identify material staginq area(s).h. Prgvlde anv other notes necessary to clarifu the CMP. as mav be applicable.
271
Sec. 106-120. Review and approval.
The CMP shall_be reviewed an.dJ".equirg_the aooroval of the_Pqrkino Director.
Sec. 1 06-121 . lssuance of permit.
'1. A CMP permit shall be issued upon approval of the CMP and pavment of fees.
2. - A CMP permit fee in the amount of $144.00. shall be assessed for each CMP and related buildino
oermit.3. Thereafter a building or a gradinq and shoring permit mav issue. Failure to obtain Parkinq
Department authorization of.a CMP permit shall oJgclude the issuance of buildinq permit.
Sec. {06-122. Parkinq in desiqnated areas.
(1) Pursuant to the requirements of section 106-119, _qontractors. subcontractors and construction
emplovees shall register and provide vehicle make, model. vear. color...and license plate to the Parkino
Department.
(2) CEVs shall prominently disolav a oarkinq permit for the corresponding. parkinq facilitv(ies) related.
to the buildino oermiUconstruction proiect identifled in the underlying CMP. Such parking oermii shall be
disolayed so ag. to be clearlv visjblg.Io_ tllg City's enforcement personnel.
(3) CEVs found at anv location other than those stjpulated in the CMP shall be in violation of this
section
Sec. 106-123. Enforcement.
(1) A City Code Inspector may issue a citation for a violation of this Chaoter. Enforcement shall be
ihrouoh Chapter 30 of the City's Code. A Citv 9ode lnsoectors means the Code Compliance Officers.
parking department emolovees, a Parkino Enforcement Specialist, or anv authorized aqent or emolovee
gf.the Citv whose dutv it is to assure code compliance.
(2) All violations of this chapter are civil infraciions. Each violation of this chapter shall constitute a
separate offense. Violations of this chapter. will be ounished as follou/s:
(a) For a first offense. a $5.000.00 fine.-issued to both contractor and orooertv olvner/ten-ant.
(b) For a second offense a $10,000.00 fine issued to both contractor and prooertv owner/tenanJ.
(c) For a third offense, a $15.000.00 fine issued to both contractor and property owner/tenant.
(d) For each additional/subseouent offense -a one dav stop work order issu.e{ bv the Citv's
Building_.Official.
(e) For ourooses of this section. an offense shall be deemed to have occurre_d -on the date that
the violation ocpu rrqd.
master and fines mav be accessed accordinoJy.
(g) A cgftified copv of an order imoosino a fine mav be Lecorded in the oublic regqrds and
thereafter shall cQnstiluie a lien uoon any real or oersonal orooertv owned bv the vlolAtor and
it mav be enforced in the same manngl as a court iudqment bv the sheriffs of this state.
including levy aqainst the violato/s personal propertv, but shall not be deemed to be a court
iudgment except for enforcement purposes. After two m-onths from the recordlng of anv such
lien that which remains unoaid, the Citv may foreclose or othenrrise execute upon the lien.
Sec. 1 06-1 24. Rgvoc.a$io n ojlpef$lts an d. olher penalties.
Anv Contractor, subcontractor. orooertv owner or tenani who has obtained a valid cjtation under section
106-123. and who has failed to oav the fine. anglfail_eSl to cure the violaiiory..ShaU have the Building
272
and mav result in flnes of up to an additional $500.00, per gl_av. and ligns ii orovided hrrr law.
Sec. '106-125. Use of Funds.
Sec. {06-126. Appeals.
S EGTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained
that the provisions of this ordinance shall become and be made part of the Code of the City of Miami
Beach, Florida. The sections of this ordinance may be renumbered or r+.lettered to accomplish such
intention, and, the word "ordinance" may be changed to "section", 'rarticle", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be
affected by such invalidity,
SECTION 5, EFFECTIVE DATE.
This Ordinance shalltake effect ten days following adoption.
PASSED and ADOPTED this _ day of
First Reading:_
2015.
Second Reading:
ATTEST:
Philip Levine, Mayor
=*- t3-$
relatino to a code compli?nce citatiojrs under chaoter 30 shali_conlro@
reouirements, and rules !e_!gUno to same.
APPROVED AS TO
Rafael E. Granado, City Clerk
Date
273
Underscore denotes new language
denotes removed language
OoulteuOeling denotes additions after First Reading
(Sponsored by Commissioner Michael Grieco)
F:\ATTO\BOUE\Ordinances\Parking PIan ordinance second reading draft [2-11-2015].docx
274
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING SEGTION 1144 ENTITLED
"COMPLIANCE WITH REGULATIONS REQUIRED;" CREATING
SUBSECTTON (12) PROVIDING THAT NO BUILDING pERMtT OR BOARD
ORDER SHALL BE ISSUED FOR ANY LOT OR SITE WITH A BUILDING
PERMIT VALUED AT $25O,OOO OR MORE WITHOUT A CONSTRUCTION
PARKING AND TRAFFIC MANAGEMENT PLAN (CPTMP) APPROVED BY
THE PARKING DIRECTOR PURSUANT TO CHAPTER 106, ARTICLE I!,
DIVISION 3, ENTITLED "CONSTRUCTION MANAGEMENT PLAN"; AND
MODIFYING GHAPTER 130, ARTICLE IV ENTITLED "FEE IN LIEU OF
PARKING" BY AMENDING SECTION 130-134, ENTITLED "DEPOSIT OF
FUNDS/ACGOUNT,,; BY AUTHORIZING THE PLAGEMENT OF THE FINES
OR PENALTIES COLLEGTED FROM ENFORCEMENT OF CHAPTER 106
CPTMP, INTO THIS ACCOUNT TO BE UTILIZED FOR THE PURPOSES
PROVIDED THEREIN; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFIGATION; AND AN EFFECTIVE DATE.
WHEREAS, the City Code at Chapter 106, entitled "Traffic and Vehicles," regulates all
matters relating to traffic and vehicles within the City of Miami Beach; and
WHEREAS, there exists in areas of the City, heavy concentration of construction activity
and related construction employee vehicles that park for extended periods usurping parking
availability all day; congregating at various points; and committing offenses against the peace
and dignity of the City and the residents thereof; and
WHEREAS, the presence of these vehicles cause vehicular traffic congestion on
commercial and residential streets, impede the movement of traffic, and unduly restrict access
to patrons and visitors to commercial areas and residents and their visitors to their homes; and
WHEREAS, such vehicular congestion creates polluted air, excessive noise, trash and
refuse; and
WHEREAS, that the conditions and impacts mentioned above reduces parking
availability and creates blighted or deteriorated residential areas; and
WHEREAS, the City has established under Chapter 106 of the Code, at Article ll,
Division 3, a requirement of a Construction Management Plan for traffic and parking to preserve
the resident quality of life and character of residential neighborhoods, preserve property values,
and preserve the safety of children and other pedestrians; and
WHEREAS, to ensure that no building permit issues or development order proceeds
without the required Construction Management Plan, for those premises seeking a permit
valued over $250,000, Chapter 114, of the Land Development Regulations is being amended to
reflect the requirement of having a Construction Management Plan, as a condition precedent to
obtaining the applicable permits; and
WHEREAS, the fines or penalties received pursuant to a violation of Chapter 106, Article
ll, Division 3, shall be accounted for and placed in the fee in lieu of parking fund, designated as
275
funds derived from Chapter 106 enforcement, and used as provided underChapter 130, Article
V; and
WHEREAS, the proposed modification to Chapter 114 and Chapter 130 of the City Code
are necessary to accomplish the above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CIry OF MIAMI BEACH, FLORIDA:
SECTION l. Chapter 114, "General Provisions," at Section 114-4, entitled "Compliance with
Regulations Required;" and Chapter 130, "Off Street Parking" atArticleV, entitled "Fee in Lieu
of Providing Parking" are hereby amended as follows:
GHAPTER 114 - cENrYa PROVTSTONS
Section 114-4 Gompliance with Regulations Required.
Except as provided in these land development regulations:
(11) No building permit snaff ne i..*O ", "n, lot or site that does not meet the
requirements of the definition of lot as stated in this subpart.
(12) No buildinq permit or board order shall be issued for anv lot or site with a
buildinq permit valued at $250.000 or more without a Construction Parkino And
Traffic Manaoement Plan approved bv the Parkino Director pursuant to Chapter
106, Article II, Division Lentitled_Gonstruction Manaqement Plan.l
Sec. {30-134. - Deposit of funds; account.
(a) Funds generated by the fee-in-lieu program pursuant to subsections 130-132(a) and (b)
above, collected priorto March 20,2010, shall be deposited in a city account (divided into three
districts, for north, middle and south) specifically established to provide parking and related
improvements in the vicinity (within the north, middle or south district, as applicable) of the
subject property. Expenditures from these funds shall require city commission approval.
(b) Funds generated by the fee-in-lieu program pursuant to subsection 130-132(a) and (b)
above, collected after March 20, 2010, shall be deposited in a city account (divided into three
districts, for north, middle and south) specifically established to provide parking, transportation
and mobility related improvements and programs in the vicinity (within the north, middle and
south district, as applicable) of the subject property. Expenditures from these funds shall require
city commission approval.
(c) Such parking, transportation and mobility related improvements and programs may
include:
(1) Parking garages and related facilities.
(2) Transit capital funding:
a. Purchase of buses for circulator routes.
b. Bus shelters.
276
c. Transitinfrastructure.
(3) Traffic improvements:
a. Traffic signals.
b. Signaltiming operations.c. Lane modifications.
(4) Bicycle facilities:
a. Bicycle lanes and paths.
b. Bicycle racks and storage.
(5) lntelligent transportation systems:
a. Electronic message boards.
(6) Pedestrian improvements:
a. Crosswalks.
b. Traffic signals.
(7) Pedestrian facilities:
a. Beachwalk.
b. Baywalk.
(8) Other parking, transportation and mobility related capital projects as may be
specifically approved by the city commission.
(9) ln addition, transit operational funding for newly introduced transportation
enhancements and program expansions (limited to operational, non-administrative
costs only, i.e., drivers, fuel, maintenance and insurance) may be included if
expressly approved by the city commission.
(d) The planning department shall maintain a map which includes a listing of the north,
middle and south districts and accounts.
(e) AnLfines or penalties collected pursuant to Chaoter 106. Article ll. Division 3. Entitled
"Construction Manaqement Plan," after administrative expenses shall be placed in the Fee in
Lieu of Providinq Parkinq accounL-€nd-€r€dited-+e reflected as being o prepe+ partv,
resoonsible for the nd utilized exoended by the Cit provided under
subsection (c), above.
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. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
277
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this _ day of
ATTEST:
Rafael E. Granado, City Clerk
2015.
Philip Levine, Mayor
APPROVED AS TO
FORM AND LANGUAGE
First Reading:
Second Reading:
May 6, 2015
June 10, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+rifet+reugh denotes deleted lang uage
(Sponsored by Commissioner Michael Grieco)
T:\AGENDA\20'1S\frlay\Parking Plan Construction Workers - First Reading ORD.docx
278
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THIS PAGE INTENTIONALLY LEFT BLANK
280
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance to amend and clarify the maximum elevation within a
required yard, and by amending and clarifying when the water portion of a pool is counted towards the
S for Si amilv Residential Districts.
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, EnvironmentalScan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth by the City to requlate development is "about the riqht amount."
ltem Summary/Recommendation :
SECOND READING - PUBLIC HEARING
The proposed Ordinance would amend and clarify the maximum elevation requirements within a
required yard, as well as the water portion of a pool that is counted towards the open space for Single-
Family Residential Districts. The proposed changes would set varying maximum elevations based
upon the elevation of the abutting properties. lt also requires that when located above adjusted grade,
the water portion of a swimming pool may count towards 50% of the landscaped pervious open space
requirement, provided that adequate infrastructure is incorporated into the design of the pool to fully
accommodate on-site storm water retention.
On January 21,2015 the Land Use and Development Committee recommended approval of the
Ordinance.
On May 6,2015 the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the attached Ordinance at First
Reading and scheduled a Second Reading Public Hearing for June 10,2015.
The Administration recommends that the Citv Commission the Ordinance.
On February 24, 2015, the Planning Board (vote of 5-0), transmitted the attached proposal to the
City Commission with a favorable recommendation. (Planning Board File No. 2242).
Financial lnformation:
Source of
Funds:
Amount Account
I
2
3
OBPI Total
Financia! lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Clerk's Office
Thomas Mooney
T:\AGENDA\201S\June\SFR Max Grade - Second Reading SUM.docx
MIAMIBEACH AGENDA rrem R5 E
olrre b'lO'l{281
MIAMIBEACH
Ciry of miami Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
MEMO #COMMISSION MEMORANDUM
Mayor Philip Levine and Members of City Com
FROM: Jimmy L. Morales, City Manager
DATE: June 10,2015
SUBJECT: Single Family Development Regu - Adjusted Grade
AN ORDINANCE OF THE MAYOR AND CITY COMMTSSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
BY AMENDING CHAPTER 114, "GENERAL PROVISIONS," SECTION 114.1,..DEFINITIONS," BY INCLUDING DEFINITIONS FOR ADJUSTED GRADE
AND AVERAGE GRADE; BY AMENDING CHAPTER 142, "ZON|NG
DlsTRlcTS AND REGULATIONS," DIVISION 2, *RS-1, RS-2, RS-3, RS4
SINGLE.FAMILY RESIDENTTAL DISTRICTS," BY AMENDING AND
CLARIFYING THE MAXIMUM ELEVATION WITHIN A REQUIRED YARD,
AND BY AMENDING AND CLARIFYING WHEN THE WATER PORTTON OFA POOL IS COUNTED TOWARDS THE OPEN SPACE PERVIOUS
REQUIREMENTS; PROVIDING CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMEN DATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On September 17, 2014, at the request of Commissioner Malakoff, the City Commission
referred a discussion to the Land Use Committee regarding proposed amendments to the
maximum elevation of required yards in reference to increased seawall height requirements
(ltem C4B). On November 5, 2014, the Land Use Committee discussed proposed amendments
and continued the discussion to the December 10,2014 meeting. On December 10, 2014the
Land Use Committee discussed the proposed amendments and, due to a separate discussion
regarding the possible modification of recently adopted regulations regarding seawall heights,
continued the discussion to a date certain of January 21,2015.
On January 21, 2015 the Land Use and Development Committee recommended approval of the
Ordinance. On February 11,2015 the City Commission referred the item to the Planning Board.
ANALYSIS
Currently, within single-family districts, the maximum elevation of a required yard is limited to no
SECOND READING
282
Commission Memorandum
Single Family Development Regulations - Adjusted Grade
June 10,2015 Page 2 o'f 2
higher than 'adjusted grade', which is the midpoint between the minimum required flood
elevation and 'grade'. Grade is the sidewalk elevation at the center of the property. For
example, if grade is 4' NGVD, and the minimum flood elevation is 8' NGVD, then adjusted grade
is 6' NGVD. ln this instance, the maximum elevation of a required yard could not exceed 6'
NGVD.
The existing limitation on the elevation of a required yard helps to ensure that a new house is
not constructed on a 'pedestal' that is substantially higher than the grade of an adjacent
property. The proposed amendments will address these concerns by allowing portions of
required rear yards for waterfront properties to be elevated to the minimum required flood
elevation, while retaining limitations on the maximum elevation of required side and front yards,
where transitions to neighboring property elevations is critical. The following is a summary of the
proposed changes.
Definitions have been added for adjusted grade and average grade:
Grade, adjusted means the midpoint elevation between grade and the minimum required
flood elevation for a lot or lots.
Grade, average means the average grade elevation calculated by averaging spot
elevations of the topography taken at 10-foot intervals along the property lines.
Currently the maximum elevation of a required yard is limited to adjusted grade. The proposed
changes set varying maximum elevations based upon the elevation of the abutting properties.
The maximum elevation of a required yard would be in accordance with the following, but in no
instance shall the elevation of a required yard, exceed the minimum flood elevation:
1. Front Yard. The maximum elevation within a required front yard shall not exceed adjusted
grade, or 30 inches above grade, whichever is greater.
2. lnterior Srde Yards (between the front setback line and rear property line). The maximum
elevation for each required side yard shall be calculated according to the following:
a. When the average grade of adjacent lot is lower than adjusted grade, the maximum
elevation shall not exceed adjusted grade, or 30 inches above grade, whichever is
greater.
b. When the average grade of adjacent lot along the abutting side yard is equal or greater
than adjusted grade, the maximum elevation within the required side yard shall not
exceed 30 inches above adjusted grade.
c. When abutting a vacant property, the maximum elevation within the required side yard
shall not exceed 30 inches above adjusted grade.
d. Notwithstanding the above, when abutting property owners have jointly agreed to a
higher elevation, both side yards may be elevated to the same higher elevation through
the submission of concurrent building permits, not to exceed the minimum required flood
elevation. ln this instance the maximum height of any fences or walls along the adjoining
property lines, constructed in accordance with Section 142-1132 (h), Allowable
encroachments within required yards, shall be measured from the new average grade of
the required side yards.
3. Side Yard Facing a Sfreef. The maximum elevation within a required side yard facing a
street shall not exceed adjusted grade or 30 inches above grade, whichever is greater.
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Commission Memorandum
Single Family Development Regulations - Adjusted Grade
June 10,2015 Pase 3 of 3
4. Rear Yard The maximum elevation for a required rear yard, (not including portions located
within a required side yard or side yard facing the street), shall be calculated according to
the following:
a. Waterfront. The maximum elevation shall not exceed the minimum required flood
elevation.
b. Non-waterfront. The maximum elevation shall be calculated according to the following:i. When the average grade of adjacent lot along the abutting rear yard is lower than
adjusted grade, the maximum elevation shall not exceed adjusted grade, or 30
inches above grade, whichever is greater.ii. When the average grade of adjacent lot along the abutting rear yard is equal or
greater than adjusted grade, the maximum elevation within the required rear yard
shall not exceed 30 inches above adjusted grade.
iii. When abutting a vacant property, the maximum elevation within the required rear
yard shall not exceed 30 inches above adjusted grade.
iv. Notwithstanding the above, when abutting property owners have jointly agreed to a
higher elevation, both rear yards may be elevated to the same higher elevation
through the submission of concurrent building permits, not to exceed the minimum
required flood elevation. ln this instance the maximum height of any fences or walls
along the adjoining property lines, constructed in accordance with Section 142-1132
(h), Allowable encroachments within required yards, shall be measured from the
new average grade of the required rear yards.
5. ln all instances where the existing elevation of a site is modified, a site shall be designed
with adequate infrastructure to retain all storm water on site in accordance with all applicable
state and local regulations.
Thirty inches above grade was also included, as a grade change of 30 inches or less would not
require a guardrail or railing. Limiting the higher elevations to the portion of the rear yard that is
internal to the site (not including the areas within the required side setbacks), allows for a more
appropriate transition area to existing neighboring properties, which are often only slightly
elevated above the sidewalk elevation.
The proposed amendments also envision a changing, more elevated City over time, with
contextually appropriate requirements based upon the average grade elevation of abutting
properties. For example, under the proposed Ordinance, a proposed new home constructed
next to a more recent home (which constructed the required yards up to the adjusted grade
elevation, as now permitted), would be allowed to build up the required side yards and rear
yard to 30 inches above adjusted grade.
The alternative, of allowing the entire rear or side yards to be raised to the flood elevation,
would result in overbearing retaining walls when viewed from existing properties with older
homes. For example, there are portions of the City where the sidewalk elevation is located at 3'
NGVD and the minimum flood elevation is located at 10' NGVD. ln this instance, just raising the
yard to flood elevation would result in a 7-foot tall retaining wall along the property line, with a
minimum 42-inch safety fence orwall on top of that, or approximately 10.5 feet high as viewed
from an abutting property with older home where the site was not yet elevated.
The proposed amendments also allow abutting property owners, through the submission of
concurrent Building Permits, to agree on a higher elevation than would otherwise be allowed (up
284
Commission Memorandum
Single Family Development Regulations - Adjusted Grade
June 10,2015 Page 4 of 4
to the minimum required flood elevation). ln this instance the height of any walls or fence along
the jointly elevated grade would be measured from the new grade elevation, as such height is
relative to the adjacent grade and would not negatively impact either neighbor.
Lastly, current regulations (Section 142-106) require lhatT0o/o of a required rear yard be sodded
or landscaped pervious open space, and the water portion of a swimming pool may count
towards this requirement. Based upon a typical example of a waterfront lot (60'x175'), the area
of required rear yard is 1575 SF, and a pool and pool deck could be constructed within the rear
yard up to 1181 SF, or occupying 75o/o of the required yard. Although the actual pervious
landscaped area, the area within the required side yard setbacks, is only 394 SF, or 25o/o of the
required yard, such poolwould comply with the current regulations.
Concerns have been expressed with such a disproportionate amount of non-pool hardscape
being located in a rear yard, especially when located at an increased elevation. Also, concerns
have been raised with respect to the impact that larger pools and decks are having on the ability
to adequately retain water on site.
ln order to address this, the proposed amendment requires that when located above adjusted
grade, the water portion of a swimming pool may count towards 50% of the landscaped
pervious open space requirement, provided that adequate infrastructure is incorporated into the
design of the pool to fully accommodate on-site storm water retention.
PLANNING BOARD REVIEW
On March 24,2015, the Planning Board (by a 5-0 vote) transmitted the proposed Ordinance to
the City Commission with a favorable recommendation.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall
consider the long term economic impact (at least 5 years) of proposed legislative actions," this
shall confirm that the City Administration City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not
expected to have a negative fiscal impact upon the City.
SUMMARY
On May 6,2015, the City approved the Ordinance at First Reading and set a Second Reading
Public Hearing for June 10,2015.
CONCLUS!ON
The Administration recommends that the City Commission adopt the Ordinance.
J LM/J M J/TRM/MAB/RAM/SW
T:\AGENDA\2015Uune\SFR Max Grade - Second Reading MEM.docx
285
SINGLE FAMILY DEVELOPMENT REGULATIONS. ADJUSTED GRADE
oRDTNANCE NO._
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLOR!DA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE GITY OF MIAMI BEACH, FLORIDA,
BY AMENDING CHAPTER 114, "GENERAL PROVISIONS," SECTION 114-1,..DEFINIflONS,'' BY INCLUDING DEFINITIONS FOR ADJUSTED GRADE
AND AVERAGE GRADE; BY AMENDING CHAPTER 142, "ZONING
DlsTRlcTS AND REGULATIONS," DIVISION 2, ',RS-l, RS-2, RS-3, RS4
SINGLE.FAMILY RESIDENTIAL DISTRICTS,'' BY AMENDING AND
CLARIFYING THE MAXIMUM ELEVATION WITHIN A REQUIRED YARD, AND
BY AMENDING AND GLARIFYING WHEN THE WATER PORTION OF A
POOL IS COUNTED TOWARDS THE OPEN SPACE PERVIOUS
REQUIREMENTS; PROVIDING CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, sea level rise and flooding is an ongoing concern of the City; and
WHEREAS, the City has previously implemented increased height requirements for sea
walls in order to more fully protect the City from flooding; and
WHEREAS, it is appropriate to amend the maximum elevation requirements within
required yards of single family districts to eliminate or mitigate any conflict with corresponding
legislation enacted to address sea level rise and flood mitigation; and
WHEREAS, the regulation of grade elevations in single family districts is necessary in
order to ensure compatible development within the built character of the single-family
neighborhoods in the City; and
WHEREAS, these regulations will accomplish these goals and ensure that the public
health, safety and welfare will be preserved in the City's single-family districts.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CIry COMMISSION OF
THE GITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 114-l, "Definitions", is hereby amended as follows:
Grade. adrusfed means the midpoint elevation between qrade and the minimum
required flood elevation for a lot or lots.
Grade, averaoe exrsfrnq means the averaoe orade elevation calculated bv
averaoino spot elevations of the existino topoqraphv taken at 10 foot intervals
alono the propertv lines.
SECTION 2. That Section 142-105, "Development regulations and area requirements", is
hereby amended as follows:
286
(a) The review criteria and application requirements for the RS-1, RS-2, RS-3, RS-4 single-
family residential districts are as follows:
(8) Exterior building and lot standards. The following shall apply to all buildings and
properties in the RS-1, RS-2, RS-3, RS-4 single-family residential districts:
a. Exterior bars on entryways, doors and windows shall be prohibited on front and
side elevations, which face a street or right-of-way.
b. nejus*ea-g+ad+ ln ne instanee sha{l the elevatien ef any required yard be higher
than ene half the differenee between grade, as defined in -^^+i^^ a a {, and the
The maximum elevation of a required vard
shall be in accordance with the followinq. however in no instance shall the
elevation of a required vard. exceed the minimum flood elevation:
1. Fronf Yard. The maximum elevation within a required front vard shall not
exceed adiusted qrade, or 30 inches above qrade. whichever is oreater.
2. /nferior Srde Yards (located between the front setback line and rear propertv
line). The maximum elevation shall not exceed adiusted qrade. or 30 inches
above orade, whichever is oreater. except:
a. When the averaqe qrade of adiacent lot alono the abuttino side vard is
equal or qreater than adiusted qrade. the maximum elevation within the
required side vard shall not exceed 30 inches above adiusted qrade.
c. When abuttinq a vacant propertv. the maximum elevation within the
required side vard shall not exceed 30 inches above adiusted orade.
b. Notwithstandino the above. when abuttino propertv owners have iointlv
aqreed to a hiqher elevation. both side vards mav be elevated to the
same hioher elevation throuoh the submission of concurrent buildino
permits, not to exceed the minimum required flood elevation. ln this
instance the maximum heioht of anv fences or walls alono the adioinino
propertv lines, constructed in accordance with Section 142-1132 (h),
Allowable encroachments within required vards. shall be measured from
the new averaoe qrade of the required side vards.
3. Stde Yard Factnq a Streef. The maximum elevation within a required side vard
facinq a street shall not exceed adiusted orade or 30 inches above qrade.
whichever is oreater.
4. Rear Yard. The maximum elevation for a required rear vard. (not includinq
portions located within a required sidevard or sidevard facinq the street). shall
be calculated accordinq to the followinq:
a. Watertront. The maximum elevation shall not exceed the minimum required
flood elevation.
b. Non-wafedronf. The maximum elevation shall not exceed adiusted qrade, or
30 inches above orade, whichever is oreater. except:
287
i. When the averaqe grade of adiacent lot alono the abuttinq rear vard is
equal or oreater than adiusted orade, the maximum elevation within the
reouired rear vard shall not exceed 30 inches above adiusted grade.
ii. When abuttinq a vacant propertv. the maximum elevation within the
required rear vard shall not exceed 30 inches above adiusted qrade.
iii. Notwithstandinq the above, when abuttinq propertv owners have iointlv
aqreed to a hiqher elevation, both rear vards mav be elevated to the
same hiqher elevation throuqh the submission of concurrent buildino
permits. not to exceed the minimum required flood elevation. ln this
instance the maximum heiqht of anv fences or walls alonq the adioininq
propertv lines. constructed in accordance with Section 142-1132 (h),
Allowable encroachments within required vards. shall be measured from
the new averaoe qrade of the required rear vards.
5. ln all instances where the existinq elevation of a site is modified, a site shall be
desioned with adequate infrastructure to retain all stormwater on site in
accordance with all applicable state and local requlations.
SECTION 3. That Section 142-106, "Setback requirements for a single-family detached
dwelling", is hereby amended as follows:
The setback requirements. for a single-family detached dwelling in the RS-1, RS-2, RS-3, RS-4
single-family residential districts are as follows:
(3) Rear The rear setback requirement shall be 15 percent of the lot depth, 20 feet minimum,
50 feet maximum. At least 70 percent of the required rear yard shall be sodded or landscaped
pervious open space; when located at or below adiusted qrade, the water portion of a swimming
pool may count toward this requirement, when located above adiusted orade, the water portion
of a swimminq pool mav count towards 50% of this requirement. provided adequate
infrastructure is incorporated into the desiqn of the pool to fullv accommodate on-site storm
water retention.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 5. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
288
SECT!ON 6. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this _ day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO FORM
AND LANGUAGE
First Reading: May 6, 2015
Second Reading: June 10,2015
Verified By:
Thomas R. Mooney, AICP
Planning Director
Underline = new language
Strike+nreush = deleted language
[Sponsored by Commissioner Malakoff]
[Co-sponsored by Commissioner Grieco]
T:\AGENDA\201S\May\SFR Max Grade - First Reading ORD.docx
AND FOR EXECUTION
289
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Clty ol Mloml Boqch, 'l 200 Convention Cenler Drive, Miomi Beoch, FL 331 39, www.miomibeochfl.gov
COMMI ION MEMORANDUM
MIAMIBEACH
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor Philip Levine and
Jimmy L. Morales, City Manager
June 10,2015
mbers of City Commission
AN ORDINANCE OF THE MA AND CITY COMMISSION OF THE
AMENDING THE FIREFIGHTERS'CITY OF MIAMI BEAGH,
RELIEF AND PENSION FUND TO COMPLY WITH APPLICABLE
PROVISIONS OF THE INTERNAL REVENUE CODE AND
REGULATIONS THEREUNDER; AMENDING THE RELATED SPECIAL
ACTS OF THE CITY BY AMENDING ARTICLE VII, ENTITLED
..FIREFIGHTERS' RELIEF AND PENSION FUND," BY AMENDING
SECTIONS 36 THROUGH 48; PROVIDING FOR SEVERABILITY;
REPEAL!NG ALL ORD!NANCES !N CONFLICT THEREWITH;
PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE
DATE.
SECOND READING, PUBLIC HEARING
BACKGROUND
We have reviewed the proposed amendments to
Pension Fund, attached to the lnternal Revenue
December 5, 201 4 (attached).
the Miami Beach Firefighters' Relief and
Service (lRS) determination letter dated
An lnternal Revenue Service "determination letted' is issued in response to a request as to the
qualified status of a retirement plan under IRC section 401(a). The determination letter
expresses the Service's opinion regarding the form of the plan, and applies only to the employer
and the plan participants on whose behalf it was issued.
The proposed amendments are required by the lnternal Revenue Code (lRC) and IRS
regulations, in order for the Plan to retain its qualified status and comply with the favorable
determination letter from the lRS. Among the changes are amendments making references
throughout the document gender neutral, i.e., firefighters rather than firemen. More substantial
elements include the addition of 16 newly defined terms and amendments to the eight originally
included in the ordinance.
Additionally, the proposed ordinance specifies how a retired/separated member's account is to
be treated until such time as the funds are withdrawn and how survivor benefits are disbursed.
Language further indicates that amounts allocated to a participant's account may not exceed the
limitations set forth in Section 415 of the Code.. The current maximum limit on annual additions
to a participant's defined contribution account under section 415 is $53,000.
We ore cpmnittd b providing excellent public elice ord *{ety ro oll vvho live, work ond phy in our vibront, tropic< Agenda ltem ,RS Loate 6-(o-lF291
City Commission Memorandum
June'10,2015
Firefighters' Relief and Pension Fund
Page 2 of 2
ln summary, the proposed amendments satisfy the IRS requirements for plan qualification.
Further, the amendments memorialize the City's current intent regarding the benefits derived
from the premium taxes as set forth in Ch. 175, Florida Statutes.
While public employers that sponsor retirement plans are not required to apply for a
determination letter, receiving a favorable determination letter provides documentation that the
plan satisfies the applicable qualification standards.
There are several legal and practical advantages to obtaining a determination letter. One legal
advantage is that an IRS determination letter provides a definitive analysis of whether a plan is
qualified. lt also provides the basis for retroactive relief if the Service later changes its position.
One practical advantage of obtaining a determination letter is that the City's auditors will be less
likely to question the qualified status of the Plan.
We have prepared an ordinance incorporating the IRC compliance amendments. The
amendments are technical in nature, and should not result in additional cost to the City since all
funding comes from state premium taxes in Ch. 175, Florida Statutes.
RECOMMENDATION
Adoption of the ordinance is recommended. lt is further recommended that the second reading
and public hearing be scheduled for the June 10,2015, meeting.
The City has been informed that changes to the ordinance do not have an actuarial impact. A
statement to that effect is attached.
Attacllrilent
TdVJLM/KGr/sc-r
T:MGENDA\2015\une\Humon Resources\Memo - IRS Determinotion ond Plon Chonges - June 20l5.docx
292
GRS Gabriel Roeder Smith & Company One East Broward Blvd. 954.527.7616 phooe
Consultants E{ Actuaries Suite 505 954'525.0083 fax
Ft.Laudcrdale,FL33S0l-1872 www.gabrielroeder,com
June 2,2015
Ms. Sylvia Crespo-Tabak
Human Resources Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: City of Miami Beach Firefighters' Relief and Pension Fund
Dear Sylvia:
As requested, we have performed an actuarial review of the proposed Ordinance (copy
attached) for the City of Miami Beach Firefighters' Relief and Pension Fund.
Based upon our review, the proposed Ordinance:
1. Changes references from gender specific to gender neutral.
2. Adds definitions for Account, Account Balance, Code, Designated Beneficiary,
Direct Rollover, Distributee, Eligible Retired Public Saf"ty Officer, Eligible
Retirement Plan, Eligible Rollover Distribution, Fund Year, Normal Retirement
Age, Qualified Health Insurance Premiums, Qualified Health Insurance Premium
Distribution, Retired or Separated Participant, State and Valuation Date.
3. Updates definitions of City, Fund, Participant, Regular Status, and Service.
4. Stipulates corpus or income of the Fund may only be used for exclusive benefit of
Participants and payment of Fund expenses.
5. Limits reversion of assets as defined under IRS Revenue Ruling 91-4.
6. Deletes Custodian offund; vouchers Sec. 41.
7. Limits allocation to Participant's Account as required under IRC Section 415 limits.
8. Provides loans will be uniformly available and loan terms will comply with IRC
Section 72(p).
9. Provides for payment to a Designated Beneficiary upon death while on Active Duty.
10. Clarifies full vesting upon Active Duty death, retirement or disability under any
other pension plan of the City and upon termination of the Fund.
11. Provides Qualified Health Insurance Premium Distributions to Eligible Retired
Public Safety Officers.
12. Clarifies benefit payment as a single cash lump sum.
293
Ms. Sylvia Crespo-Tabak
June 2,2015
Page Two
13. Requires minimum distributions upon attainment of age 70Yzin compliance with
IRC Section a01(a)(9).
14. Provides for direct rollover of an Eligible Rollover Distribution from the Fund to an
Eligible Retirement Plan.
15. Allows for surviving spouse of retired or separated participant to have same
distribution options available to retired or separated participant.
16. Adds provision for military service to comply with IRC Section 414(u) and
USERRA.
17. Requires Participants to file all information required by the Board in order to
establish rights and benefits under the Fund prior to any payment.
18. Deletes City responsibility for custody of the cash and investments.
19. Provides the authority of the Board to employ independent legal counsel.
20. Provides for severability.
21. Provides for repeal of all Ordinances in conflict and
22. Provides for an effective date.
In our opinion, the proposed Ordinance is a no cosl Ordinance for the City of Miami Beach
Firefighters' Relief and Pension Fund under State funding requirements.
We are available to respond to any questions conceming the above.
Sincerest regards,
X 3 l-\I.'^r
Lawrence F. Wilson, A.S.A.
Senior Consultant and Actuary
Enclosure
cc: Ms. Donna Brito
294
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry OF
M!AM! BEACH, FLORIDA, AMENDING THE FIREFIGHTERS' RELTEF AND
PENSION FUND TO COMPLY WITH APPLICABLE PROVISTONS OF THE
INTERNAL REVENUE CODE AND REGULATIONS THEREUNDER;
AMENDING THE RELATED SPECIAL ACTS OF THE CITY BY AMENDING
ARTIGLE V!!, ENTITLED "FIREFIGHTERS' RELIEF AND PENSION FUND,"BY AMENDING SECTIONS 36 THROUGH 48; PROV|DING FOR
SEVERABILITY; REPEALING ALL ORDINANGES tN cONFL|CT
THEREWITH; PROVIDING FOR CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
Section 1. Section 36 of Article Vll of the Related Special Acts of the City of Miami
Beach, is amended to read:
Sec. 36. Purpose of Act; supplementary to other Acts.
The purpose of this Act is to implement the provisions of chapter 19112, Acts of Florida,1939,andtoprovidemeanSwherebyfirefiqhters@oftheCityofMiami
Beach, Florida, may receive benefits from the funds provided for that purpose by Chapter
19112, Acts of Florida, 1939. This Act shall be deemed to supplement any other pension plan of
the City of Miami Beach insofar as benefits 1o fir"fiohters firermerr+#ire$ightetl are concerned, and
nothing herein shall be construed to in any way affect the operation or benefits of any other
pension plan of the City of Miami Beach, Florida. Sections 5, 6, 7, 8, 9 and 10 of Chapter 19112,
Acts of Florida, 1939, shall continue to apply to the City of Miami Beach except as othenrvise
specifically provided for in this Act.
Section 2. Section 37 ot Article Vll of the Related Special Acts of the City of Miami
Beach, is amended to read:
Sec.37. Definitions.
The following words and phrases shall, for the purposes of this Act, have the meanings
hereafter respectively ascribed to them. Other words and phrases shall have meanings as
commonly understood with respect to the context; the singular shall include the plural, and the
masculine the feminine:
(a) Account: shall mean the individual account credited on behalf of each Participant
with contributions pursuant to this Act, eliqible forfeiture contributions and earninqs
on such contributions.
(b) Account Balance: shall mean the value of a Participant's Account as of the last
Valuation Date.
295
(ga) Active duty: shall mean actual service as a firefiqhter firemen [firefighter] with
regular status in the fire division of the City of Miami Beach, or absent from duty on an
approved leave of absence, all as of the time under consideration.
rcF) Board: shall be-snCersteed-+e mean the Board of Trustees of the Miami Beach
Firefiqhters,@ReliefandPensionFund,asprovidedforherein.
Ge) City: shallbe-snCersteed{e mean the City of Miami Beach, Florida.
(fl Code: shall mean the lnternal Revenue Code of 1986. as amended from time to
time.
(g) Desionated Beneficiary: shall mean anv person. persons or entitv desionated bv a
Participant to receive anv benefits pavable under the Fund in the event of the
Participant's death under Code Section 401(a)(9) and Treasurv Reoulation Section
1.401(a)(9)-4. lf no Desiqnated Beneficiarv has been so desionated bv a Participant
prior to the Participant's death, or if no person. persons or entitv so designated
survives the Participant. the Participant's survivinq spouse. if anv. shall be deemed
to be the Desionated Beneficiarv: otherwise the Desionated Beneficiarv shall be the
Participant's estate.
(h) Direct Rollover: shall mean a pavment bv the Fund directlv to the elioible retirement
plan specified bv the Distributee.
(!) Distributee: shall mean a Firefiqhter or former Firefiqhter. ln addition. effective for
distributions made after December 31. 2001, the Firefiohter's or former Firefiqhte/s
survivino spouse or former spouse who has an interest in the Firefiohter's benefits
under the Fund pursuant to a domestic relations order honored bv the State or the
Citv (if anv) are Distributees with reoard to such interest.
f) Eliqible Retired Public Safetv Officer: shall mean a Participant who has retired from
the fire division of the Citv (i) bv reason of disabilitv or (ii) on or after his or her
Normal Retirement Age and who is also a "public safetv officer" as defined in Section
402(|X4XC) of the Code and anv applicable ouidance thereunder.
ft) Elioible Retirement Plan: shall mean. effective for distributions made after December
31. 2001, anv of the followinq tvpes of plans that accept the Distributee's Elisible
Rollover Distribution: (i) a qualified plan described in Section 401(a) of the Code: (ii)
an annuitv plan described in Section 403(a) of the Code: (iii) an individual retirement
account or individual retirement annuitv described in Section 408(a) or 408(b) of the
Code, respectivelv: (iv) effective for plan vears after December 31, 2001, an annuitv
contract described in Section 403(b) of the Code: and (v) effective for plan vears
after December 31. 2001. an eliqible plan under Section 457(b) of the Code which is
maintained bv a state. political subdivision of a state. or anv aqencv or
instrumentalitv of a state or political subdivision of a state and which aqrees to
separatelv account for amounts transferred into such plan from this Fund.
O Eliqible Rollover Distribution: shall mean. effective for distributions made after
December 31. 2001. anv distribution of all or anv portion of the balance to the credit
of the Distributee. except that an Eliqible Rollover Distribution does not include: (i)
anv distribution that is one of a series of substantiallv equal periodic pavments (not
296
less frequentlv than annuallv) made for the life (or life expectancv) of the Distributee
or the ioint lives (or ioint life expectancies) of the Distributee and the Distributee's
Desiqnated Beneficiarv. or for a specified period of ten vears or more: (ii) anv
distribution to the extent such distribution is required under Section 401(aX9) of the
Code: and (iii) effective for plan vears after December 31.2001, after-tax amounts
unless such amount is transferred to an individual retirement account or individual
retirement annuitv described in Section 408(a) or 408(b) of the Code. respectivelv. or
transferred to a defined contribution plan qualified under Section 401(a) of the Code
that aqrees to separatelv account for such amount.
0d)Firefiqhters@:thefirechief,otficers,inspectors,enginemenand
+iremenl+ireggh+ersl, and such other employees of the fire division of the City efffii
Beach as the bBoard shall determine to be engaged directly in fire fighting or firepreventionwork,shallbedeemed@Firefiqhtersforthepurposesof
this Act.
(en) Fund: shall be+ndersteed{e mean the Miami Beach Siremen+{Firefighters'} Relief
and Pension Fund, as provided for herein.
@) Fund Year: shall mean the calendar vear.
(p) Normal Retirement Aqe: shall mean attainment of aoe 50: provided, however. that
"normal retirement aoe" shall be adiusted to be the same as such term used in the
Citv Pension Fund for Firefiqhters and Police Officers in the City of Miami Beach. as
amended from time to time.
(q) Participant: shall mean everv Firefiohter of the Citv eligible to have moneys credited
to his irdividual aeeeunt Account and to receive benefits therefrom under the Fund
and this Act .
(9t) Qualified Health lnsurance Premiums: shall mean premiums for coveraqe for the
Eliqible Retired Public Safetv Officer (and his or her spouse and dependents, if
applicable) under accident and health insurance (includino an accident or health plan
within the meanino of Section 105(e) of the Code) or qualified lonq{erm care
insurance contract as defined in Section 7702B(b) of the Code.
(q) Qualified Health lnsurance Premium Distribution: shall mean an amount deducted
from an Eliqible Retired Public Safetv Office/s benefit pavment under the Plan and
paid directlv to the insurer providing coveraqe for which Qualified Health lnsurance
Premiums are paid. Such amount mav not exceed the amount of the Qualified
Health lnsurance Premiums.
(gt[Q Regular status Status: shall have the meaning ascribed to it by Chapter 18696,
Acts of Florida, 1937, commonly known as the Civil Service Act, and the Personnel
Rules of the City ef{4iami€eash.
(g) Retired or Separated Participant: shall mean anv Participant who has separated from
service as a Firefiohter and has an Account Balance with the Fund.
(v)Service:shallmeanalltimeservedasaoftheCityef
Miami Beaeh for which regular compensation is made by the City ei-[4iami-Beaeh,
297
and all time during which a padieipant Participant is absent on a-military leave-ef
absen€e Leave. lt shall include all leaves ef absenee Leaves with pay, but shall not
include leave€-€f-€bsen€e Leaves during which no regular compensation is made
paid by the City ef Miami Beaeh.
(w) State. shall mean the state of Florida.
$)fxt Vatuation Oate
Board mav deem necessary.
Section 3. Section 38 of Article Vll of the Related Special Acts of the City of Miami
Beach, is amended to read:
Sec. 38. Creation of fund; origin of moneys.
There is hereby created in the City of Miami Beach, Florida, a special fund to be known
as the Miami Beach gireme+s{Firefighters'} Relief and Pension Fund, into which shall be paid
all moneys previously received by the City of Miami Beach under the provisions of Chapter
19112, Acts of Florida, 1939, and Ordinance Number 558 of the City of Miami Beach, which
moneys are now held in trust under Pension Ordinance Number 498 of the City of Miami Beach,
and all moneys which subsequently inure to the City of Miami Beach under the provisions of
Chapter 19112, Acts of Florida, 1939. lmmediately upon taking office, the bead Board shall
request, and the beed Board of tnrstees Trustees of the Miami Beach Employees Retirement
System shall make payment to the Miami Beach gnemen+{Firefighters'J Relief and Pension
Fund of the accumulated moneys referred to above and held in trust under Ordinance Number
498.
No part of the corpus or income of the Fund shall be used for. or diverted to, purposes
other than for the exclusive benefit of Participants and other persons entitled to benefits under
the Fund and pavinq the expenses of the Fund not paid directlv bv anv other partv. No person
shall have anv interest in. or rioht to. anv part of the earninos of the assets of the Fund, or anv
rioht in. or to. anv part of the assets held under the Fund. except as and to the extent expresslv
provided in this ordinance.
There will be no reversion of the assets of the Fund or Citv or State contributions, except
as permitted bv lnternal Revenue Service Revenue Rulino 91-4.
Section 4. Section 39 of Article Vll of the Related Specia! Acts of the Gity of Miami
Beach, is amended to read:
Sec. 39. Board of trustees G+eatien creation; composition; terms of office; officers;
proceedings; com pensation.
There is hereby created a board of trustees of the Miami Beach Sirernen-+tFirefighters'J
Relief and Pension Fund, which beerd Board shall consist of the fire chief, the director of
per€ennel human resources, the assistant eity Citv manager or other responsible officer or
employee of the etty Citv appointed by him, and two employees of the fire division to be elected
from among the pafrietpants Participants of the funC Fund by such pa+i€ipen+s Participants. The
fire chief, director of persennel human resources and the assistant €rty gty manager shall serve
so long as they continue to hold their respective offices, and upon replacement their successors
298
shall succeed to their positions as trustees. The first election of trustees from among the
pa*ieipants Participants shall be for one office as trustee for a one-year term, and one office as
trustee for a two-year term; thereafter elections shall be for overlapping terms of two-years. The
bead Board shall annually elect from its membership a chairman and secretary who shall keep
complete minutes of all proceedings of the beard Board, and all actions of the beerd Board shall
be by majority vote, a quorum being present. Trustees shall receive no compensation as such.
Section 5. Section 40 of Article V!! of the Related Special Acts of the Gity of Miami
Beach, is amended to read:
Sec.40. and authority.
The beard Board shall have power and authority as follows:
(a) To have exclusive charge of the investment of any assets in the fund Fund not
needed for the fund's Fund's current obligations, and to invest and reinvest such assets
in accordance with the written investment policy adopted by the beaC Board pursuant to
paragraph (b) below. Board members must discharge their duties with respect to the
plan Fund solely in the interest of the pe#r€ipen+s Participants and beneficiaries for the
exclusive purpose of: (i) providing benefits to pa*ieipants Participants and their
beneficiaries; and (ii) defraying reasonable expenses of administering the plan Fund;
with the care, skill, prudence, and diligence under the circumstances then prevailing that
a prudent person acting in a like capacity and familiar with such matters would use in the
conduct of an enterprise of a like character and with like aims; by diversifying the
investments of the plan-Fund so as to minimize the risk of large losses, unless under the
circumstances it is clearly not prudent to do so. Within the limitations of the foregoing
standards and investment policy, the beard Board is authorized to acquire and retain in
the fund Fund every kind of investment specifically including, but not limited to stocks,
bonds, securities, debentures, real estate, mutual funds, trusts and other obligations
which persons of prudence, discretion and intelligence acquire or retain for their own
account. The intent of this paragraph is to remove any and all investment restrictions
which are otherwise imposed by Ch. 175, Florida Statutes, and which may be removed.
(b) To adopt and periodically update a written investment policy in accordance with
Section 112.661, Florida Statutes, as such statute may be amended in the future.
(c) To approve loans and claims, and to authorize payments from the fund Fund by
warrants signed by the chairman and secretary of the beaC Board.
(d) To interpret the provisions of this Act where the meaning is not clear or ambiguity
exists; and to promulgate necessary rules respecting the operation of the fund Fund, not
in conflict with the wording or clear intent of this Act.
(e) To authorize expenditures in connection with preliminary research and technical
services, accounting, auditing and general administration of the fund Fund.
(0 To do such other things as may be necessary to implement and provide for the
proper functioning of the fund Fund.
299
Section 5. Section 41 of Article Vll of the Related Special Acts of the City of Miami
Beach, is amended to read:
Sec.41. .
6ity funds, The ehief finanee effieer shall issue veuehers against sueh eash ef the fund enly
in seetien 5 [t0l hereef,
Section 7. Section 42 of Article Vll of the Related Specia! Acts of the Gity of Miami
Beach, is amended to read:
Sec. 42. lndividua! @ of @.
lndividual a€€eunts Accounts shall be established for every @
g+a+us(a) Firefiohter of R at the effective date of this Act,
Firefiqhter who has been retired under any eity Citv pension plan since the adoption of Cnapter
19112, Acts of Florida, 1939, or who attains regutar
statusRequrlar $a!us subsequent to the adoption of this Act. To each individual aeeeunt
Account there shall be credited, as of the date of each payment to the fund Fund by the state
State, an amount of such payment which bears the same ratio thereto that the years of
sen+ieeServlce of each pa*ieipa* Participant bears to the years of senlee Service of all
@.Afteradjustmentsbytheprorationofthecostsofpreviouscourtaction,
and preliminary expense, this method of crediting a€ceun+s Accounts of individuals Participants
shall be applied to the present accumulated moneys as of the date of each paymeni tnereot
and to all subsequent payments to the fund Fund by the sdate State after proper provisions have
been made for the payment of administrative expenses for the ensuing year. There shall be an
annual determination of interest earned by the investments of the fund Fund, and such interest
earnings shall be prorated to each of the Accounts of the pa+ieipan+s
Participants in the same proportion as the invested funds of the Account of
each padieipant Participant bears to the total funds invested on behalf of the fund Fund. As of
each June€0 Valuation Date there shall be allocated and credited to the aeeeunts Accounts of
pa+i€rpan+s Participants who are of regu{a+-status Reoular
Status as of such date, their share of nonvested forfeitures of terminateO pa*rerpang
Participants arising during the prior twelve months, to be made in the same proportion as is the
case above with regard to payments by the
under any ether pensien plan ef the Gity ef Miami
artieipant State.
The Board shall value the Fund's assets as of each Valuation Date and shall allocate to
the Account of each Participant his or her share of the increase or decrease in the fair nrarket
value of the Fund's assets.
300
Status if such contributions and forfeitures are attributable to a period when he was on Reqular
Status. Each Participant shall remain a Participant in the Fund until his or her Account has
been fullv distributed.
Notwithstandino anv provision of this Act to the contrarv, the maximum amount allocated
to the Participant's Account for anv calendar vear under this Act shall not exceed the limitations
setforth in Section 415 of the Code. as applicable, and anv reoulations issued thereunder. For
purposes of Section 415 of the Code. the Limitation Yearshall be the same as the Fund Year
and. effective for Limitation Years beoinninq on or after Julv 1. 2007, Compensation shall have
the same meaninq as provided in Treasurv Reoulations section 1.415-(c)-2, includino that,
effectiveforplan vears beqinninq on orafterJulv 1.2001. Compensation shall include amounts
which would have been included in a Participant's qross income but for an election under
Section 132(fl(4) of the Code.
Section 8. Section 43 of Article Vll of the Related Special Acts of the Gity of Miami
Beach, is amended to read:
Sec. 43. Rights and benefits generally of pa+tieipants Participants.
The fund Fund shall provide benefits to pa*ierpants Participants therein as follows:
(a) The beaC Board may approve loans to a pa.Hieipant Participant not to exceed the
lesser of (i) his or her total vested @ Account Balance or (ii) five
hundred dollarsin-. Loans shall be mad such eases-as-it-i+established
te-the+atisfaetion Participants on a reasonablv equivalent basis and no loan shall be
made available under this Fund unless it satisfies all of the ffi
al expenses ef a partieipant er his immediate family, er
+e++uri+cxpenses requirements of an-imm€diate-rqembe+ Section 72(p) of his family,
the Code for treatment as a tax-free loan. Reasonable periods of time shall be allowed
for the repayment of such loans
within 5 vears unless such loan is used to acquire a principal residence of the Participant
in which case a 10 vear repavment schedule is allowed. lnterest shall be charged with
respect to the loan amount at the rate of six percent per annum on the unpaid balance.
Such loans shall be made contingent upon the right of the beard Board to effect
repayment by withholding subsequent credits, or by deducting from existing credits the
amount of any loan which is in default in its repayment; and the beard Board may refuse
to make subsequent loans to pa*ieipants Participants who so default.
(b) lf a pa*ietpan+ Participant shall separate from service with the fire division of the City
ef Miami Beaeh for any reason whatsoever prior to retirement Normal Retirement Aqe.exceptasprovidedin(c)and(d)below,heshallbeentitledtoa@
distribution from the Fund equal to the his vested ffi Account Balance
at that time.
(e) lf a partieipant shall die while en aetive duty and shall leave a surviving wife er efrild
er ehildren; the entire ameunt te his eredit shall be paid te a designated persen fer the
@ be ne surviving wife and there be surviving ehild er ehildren te a
ss and burial expenses, the
301
ehild er ehildren is under the age ef eighteen years ef age er shall be paid te sueh ehild
epehildren ever the age ef eighteen years ef age fer their benefit, lf there be ne surviving
defraying final illness and burial expenses, an amet*nt net te exeeed the entire amecnt te
in-any ease te exeeed five hundred
ef sueh expenses; any exeess ef sueh ameunt shall be paid te the estate ef the
ignated te aet fer a partieipant
is
s+*bseetien=
(c) lf a Participant shall die while on Active Dutv, he shall be 100% vested in his entire
Account Balance and his Desionated Beneficiarv shall be paid the entire amount of his
Account Balance. lf no Beneficiarv is desiqnated bv the Participant. the Account
Balance shall be paid to the Participant's estate.
(d) lf a panietpa* Participant, who has been, or who shall hereafter be lretired fierfromservice]ordisabilityunderanyotherpensionplanoftheCity@
ef sueh retirement in sueh manner
es,he shall eleet-*e-reeeive-it be 100% vested in his entire Account and he shall be paid
the entire amount of his Account Balance, and he shall further be entitled to receive a
pro-rata share of the payment to the fund Fund by the State next following the date of
such retirement, such sum to be the amount as provided fe1 in seetien-7 lsection 421ot
this Act and the pa*ieipa* Participant shall be entitled to receive such amount at the
time of the payment to the fund by the state in sueh manner as he shall eleet te reeeive
rt-Funcl_bylhe S!A!9.
(e) ln the event of the termination of the Fund, all Participants shall be 100% vested in
their entire Account Balances as of such termination date.
(fl lf permitted bv the Board. a Participant who is an Elioible Retired Public Safetv Officer
and is receivinq benefits under the Fund mav elect to have Qualified Health lnsurance
Premium Distributions made in accordance with this Section 43(fl. Qualified Health
lnsurance Premium Distributions mav be excluded from the qross income of the Elioible
Retired Public Safetv Officer under Section 402(l) of the Code, subiect to the annual
dollar limitation therein.
(eXglSettlement as provided in subsection (b-.,![c) and (d-) of this seetion Section 43
shall be full acquittal of all claims of a pa4ieipan't Participant against the fund Fund, and
he shall thereupon cease to be a pa*ieipa* Participant in the Fund.
(ehLEach pa*ieipa* Participant shall be fully (@) vested in
the entire amount in his aeeeunt Account as it exists on June 30, 1983. Any subsequentincreasesin,whetherfromallocationofpremiumtax
refunds, investment earnings, or any other source, shall be vested in accordance with
the following schedule:
TABTE INSET;
302
Years of
Service
Vested
Percent
Less than 10 None
10 or over 100
Any nonvested amounts which are not distributable under (b-,Llc-) or (d-) above shall be
forfeited by the pa*ieipan+ Participant and reallocated to remaining pe+ierpane
Participants as provided herein in Section 42 of this Act.
(i) A Participant shall receive his benefit in a sinole cash lump sum.
(i) Notwithstandinq anvthinq herein to the contrarv. a Participant's benefits under the
Fund shall commence no later than April 1 of the calendar vear followinq the later of (i)
the calendar vear in which he or she attains aoe 70 1/2: or (ii) the calendar vear in which
eh or she retires. All distributions shall conform to the reoulations issued under Section
401(a)(9) of the Code. includinq the incidental death benefit provisions of Section
401(aX9XG) of the Code. Further. such requlations shall override anv provision that is
inconsistent with Section 401(aX9) of the Code. Notwithstandino anv provision of this
Act to the contrarv, a form of retirement income pavable form this Fund, shall satisfv the
followino conditions:
(i) lf the retirement income is pavable before the Participant's death:
(A) lt shall either be distributed or commence to the Participant not
later than April 1 of the calendar vear followino the later of the
calendar vear in which the Participant attains aqe 70 1/2, or the
calendar vear in which the Participant retires:
(B) The distribution shall commence no later than the calendar vear
defined above: and (x) shall be paid over the life of the Participant
or over the lifetimes of the Participant and his or her spouse, issue
or dependent. or (v) shall be paid over the period extendino not
bevond the life expectancv of the Participant and spouse. issue or
dependent.
Where a form of retirement income oavment has commenced in accordance with
the precedino paraqraphs and the Participant dies before his entire interest in the
Fund has been distributed, the remaininq portion of such interest in the Fund
shall be distributed no less rapidlv than under the form of distribution in effect at
the time of the Participant's death.
(ii) lf the Participant's death occurs before the distribution of his interest in the
Fund has commenced, Participant's entire interest in the Fund shall be distributed within
five vears of Participant's death, unless it is to be distributed in accordance with the
followino rules:
(A) The Participant's remainino interest in the Fund is pavable to his spouse.
issue or dependent:
303
(B) The remainino interest is to be distributed over the life of the spouse, issue
or dependent or over a period not extendinq bevond the life expectancv of the
spouse. issue or dependent: and
(C) Such distribution beqins within one vear of the Participant's death unless the
Participant's spouse. is the sole desiqnated beneficiarv, in which case the
distribution need not beoin before the date on which the Participant would have
attained aqe 70 1/2 and if the Participant's spouse dies before the distribution to
the spouse beoins, this section shall be applied as if the spouse were the
Participant.
(k) Direct rollovers:
(i) Notwithstandino anv provision of this Fund to the contrarv that would
otherwise limit a Distributee's election under this paraoraph. a Distributee
mav elect, at the time and in the manner prescribed bv the Board. to have
anv portion of an Eliqible Rollover Distribution paid directlv bv the Fund to
an Eliqible Retirement Plan specified bv the Distributee in a Direct
Rollover.
(ii) With respect to distributions after December 31, 2006. a non-spouse
beneficiarv who is a Desiqnated Beneficiarv mav, bv a Direct Rollover. roll
over all or anv portion of his or her distribution to an individual retirement
account the non-spouse beneficiary establishes for purposes of receivino
the distribution. ln order to be able to roll over the distribution. the
distribution otherwise must satisfv the definition of an Elioible Rollover
Distribution. Although such non-spouse beneficiarv mav roll over such
distribution, anv distribution made prior to Januarv 1. 2010. is not subiect
to the direct rollover requirements of Code Section 401(aX31) (includino
Code Section 401(aX31)(B), the notice requirements of Code Section
402(fl or the mandatorv withholdino requirements of Code Section
3405(c)). lf a non-spouse beneficiarv receives a distribution from the
Fund. the distribution is not elioible for a "60-dav" rollover. A non-spouse
beneficiary mav not roll over an amount which is a required minimum
distribution. as determined under applicable Treasurv Reoulations and
other Revenue Service ouidance. lf the Participant dies before his or her
Required Beqinnino Date and the non-spouse beneficiarv rolls over to an
individual retirement account the maximum amount elioible for rollover.
the non-spouse beneficiarv mav elect to use either the S-vear rule or the
life expectancv rule, pursuant to Treasury Reoulation Section 1.401(a)(9)-
3. A-4(c). in determininq the required minimum distributions from the
individual retirement account that receives the non-spouse beneficiarv's
distribution.
(iii) lf the Participant's named beneficiarv is a trust. the Fund mav make a
Direct Rollover to an individual retirement account on behalf of the trust.
provided the trust satisfies the requirements to be a Desionated
Beneficiarv.
(iv) With respect to distributions made after December 31. 2007. a Distributee
mav elect to roll over via Direct Rollover an Eliqible Rollover Distribution
10
304
to a Roth individual retirement account described in Code Section
4084(b).
(l) Upon the death of a Retired or Separated Participant, such Participant's survivino
spouse shall have all the distribution options that were available to the Retired or
Separated Participant pursuant to this Section 43.
(m) Notwithstandinq anv provision of this Act to the contrarv:
(i) Effective for plan vears beqinnino after December 12, 1994, contributions.
benefits and service credit with respect to qualified militarv service will be
provided in accordance with Code Section 414(u):
(ii) ln the case of a death occurrino on or after Januarv 1.2007, if a
Participant dies while performino qualified militarv service (as defined in
Code Section 414(u)). the survivors of the Participant are entitled to anv
additional benefits (other than benefit accruals relatino to the period of
qualified militarv service) provided under the Fund as if the Participant
had resumed and then terminated emplovment on account of death;
(iii) For benefit accrual purposes, the Fund will treat an Participant who dies
or becomes Disabled on or after Januarv 1. 2007. while performing
qualified militarv service (as defined in Code Section 414(u)) as if the
Participant had resumed emplovment in accordance with his
reemplovment riohts under USERRA, on the dav precedino death or
disabilitv (as the case mav be) and separated from service on the actual
date of such death or disabilitv.
(iv) For vears beqinninq after December 31, 2008. (1) an individual receivinq
a differential waoe oavment, as defined bv Code Section 3401(hX2), is
treated as an Participant of the emplover making the pavment. (2) the
differentialwaoe pavment is treated as compensation. and (3) the Fund is
not treated as failinq to meet the requirements of anv provision described
in Code Section 414(uX1)(C) bv reason of anv contribution or benefit
which is based on the differentialwaoe pavment: and
(v) Effective as of Januarv 1. 2009. for purposes of beino eliqible to receive a
distribution under the Fund, an individual will be treated as havino been
terminated from emplovment durinq anv period the individual is
performinq service in the uniformed services described in Code Section
3401(hX2XA).
(n) Each Participant. beneficiarv or other person entitled to a benefit, before anv
benefit shall be pavable to him or on his Account under the Fund, shall file with the
Board the information that it shall require to establish his riqhts and benefits under the
Fund.
l1
305
Section 9. Section 44 of Article VI! of the Related Special Acts of the City of Miami
Beach, is reenacted to read:
Sec. 44. Rights and benefits not subject to encumbrance.
The rights and benefits provided for herein shall not be subject to attachment,
garnishment, execution or any other legal process.
Section 10. Section 45 of Article V!! of the Related Special Acts of the City of Miami
Beach, is amended to read:
Sec. 45. Responsibility of €rry g!U.
The City of Miami Beach shall have no responsibility for the operation of the ft+ndFunc!
except those specified herein, and shall bear no expense in connection therewith-exeep+-es
Section 11. Section 46 of Article Vll of the Related Special Acts of the Gity of Miami
Beach, is amended to read:
Sec. 46. Duties of ei$glq attorney.
The eity Citv attorney shall advise the beard Board in all matters pertaining to their duties
in the administration of the fund Fund, whenever requested; and shall represent and defend the
be€+d Board in all suits and actions at law, or in equity, that may be brought against it; and shall
bring all suits and actions in its behalf that may be determined upon by the bead Board.
Anvthinq herein to the contrarv notwithstandins. the Board mav elect to emplov independent
leqal counsel as it deems necessarv.
Section 12. Section 47 of Article Vl! of the Related Special Acts of the Gity of Miami
Beach, is amended to read:
Sec. 47. Separability: amendment.
lf any pe*ien-er+e*iens provision of this Act is for anv reason held unconstitutional.
inoperative or void, such holdinq shall ffi, not affect the remaining
pe+iens+,na++ave provi sions set forth herei n.
As described in Section 36. the samet{€"r€e provisions of this ordinance and effeet-es
@ien the Fund are intended to meet the requirements of a qualified plan
under Section 401(a) of the Code and to be tax-exempt under Section 501(a) of the Code.
Should anv chanqes be required to complv or to continue to
complv with the provisions of Sections 401(a) and 501(a) of the Code. the Board and the Citv
shalltake all appropriate steps to make anv such required chanqes to the Fund.
t2
306
Section 13. Section 48 of Article Vll of the Related Special Acts of the City of Miami
Beach, is amended to read:
Sec. 48. Repeal of conflicting laws.
That all All Citv laws. acts and ordinancq or parts of Citv laws, acts or ordinances. inconflict hereby are, repealed.
Section 14. Godification. This Ordinance shall be codified in Article Vll of the Related Special
Acts of the City of Miami Beach.
Section 15. Effective date. This Ordinance shall take effect ten days following adoption,
except as otherwise specified herein.
PASSED and ADOPTED by the City Commission of the Gity of Miami Beach this _ day
2015.
PHILIP LEVINE
MAYOR
ATTEST:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
RAFAEL E. GRANADO
CITY CLERK
(Sponsored by Gommissioner Deede Weithorn)
Underscore denotes new lanquaqe
sllls
Dote
13
307
DEPARTMENT OF THE TREASURYINTERNAL REVEIIUE SERVICE
P. O. BOX 2508
CINCINNATI, OH 452OI
DateDEC 0 5 2014
CITY OF MIAMI BEACH
C/O ROBERT .J FRIEDMAN
HOIJIJAND & KNIGHI I,IIP
TOL BRICKEITIJ AVE SUITE 3000
MIAI\,II , FIJ 33131
Employer ldentif ication Number :
59-L604527
DLN:
20LO24047
Person to Contact:
RUTH CHEN
Contact Telephone Number:
(626) 927-L423
rD# 95048
Plan Name:
CITT OF MTAIVII BEACH FIREF]GHTERS I
REI,IEF AND PENSION E"T,]}ID
PIan Number: 001
Dear Applj-canL:
We have made a favorable determination on the plan identified above based
on the information you have supplied. Please keep this letter, the application
forms submitted to request this letter and all correspondence with ttre hternal
Revenue Service regarding your application for a determination Ietter in your
permanent records. You must retain this information to preserve your reliance
on this Ietster.
Continued qualification of the plan under its present form will depend
on its effect in operation. See section 1.401-1(b)(3) of t,he Income Tax
Regulations. We wltt review the status of the plan in operation periodically.
The enclosed publication 794 explains the significance and the scope of
this favorable determination letter based on the determination requests
selected on your application forms. Publication 794 describes the information
that must be retained to have reliance on this favoralrle determination letter-
The publication also provides examples of the effect of a plan's oPeration on
its gualified status ind. discusses the reporting reguirements for qualified
p1ans. Please read PublicaLion 794-
This letter relates onty to the status of your plan under the Internal
Revenue Code. IE is not a determination regarding the effecL of other federal
or local- statutes.
This determination letter gives no reliarlce for any qualifieation change
that becomes effective, any guidance published, or any statutes enacted, after
Ehe issuance of the Cumulalive r,ist (unless the item has been identified in the
Cumulative List) for the cycle under which this application was submitted.
This letter may not be relied on after the end of the planrs first five-
year remedial amendment cycle that ends more than twelve months after the
ipplication was receiwed. This leLter expires on,JanuarY 31, 201-4. This
fetter considered the 2009 Cumulative List of Plan Qualification Requirements.
This determination letster is applicable for the amendment(s) executed
on 4-29-L4.
Lettser 2002
308
-2-
CITY OF MIAD,II BEACI{
This determination letter is based solely on your assertion that the plan
is entitled to be treaEed as a Governmental plan under sectj.on 414 (d) of the
Internal Reverrue Code.
Thi-s determination letter is applicable to the plan and relatsed documents
submitted in conjunction wiEh your application fil-ed during the remedial-
amendmenL cycle ending 1-31-11.
this is not a determination with respecL to any language in the plan or
any amendment to the plan that reflects SecLion 3 of tshe Defense of Marriage
Act, Pub. L. LO4, l-l-O stat - 24L9 (DOMA) or U.S. v. Windsor, 570 U.S. L2 (201,3),
which inwalidated that section-
We hawe sent a copy of this J.etter to your representatiwe as indicated in
the Form 2848 Power of Attorney or appointee as indicated by the Form 8821 Tax
Inf ormation Authorization.
If you have quesEions concerning this matter, pl-ease conEact the person
whose name and Eelephone nuliber are showrr above.
't Sincerely, t' -'
G&r * e$**Andrew E. Zuckerman
Director, EP RuJ-ings & Agreemepts
Enclosures:
Pnblicatior: 794
Leuter 2002
309
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1915.2015
lvllAMlBEACH
City of Miomi Beqch, l TOO Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: June 10,2015
the City
SUBJECT: AN ORDINANCE OF THE MAYOR CITY COMMISSION OF THE CITY OF MIAMI
BEAGH, FLORIDA, AMENDING AND RESTATING THE MIAMI BEACH EMPLOYEES'
RETIREMENT PLAN GREATED BY ORDINANCE NO. 2006.3504, AS
SUBSEQUENTLY AMENDED, BY AMENDING SECTIONS 2, 4, 5,1 1, and 12 OF THE
PLAN TO COMPLYWITH APPLICABLE PROVISIONS OF THE INTERNAL REVENUE
CODE AND REGULATIONS THEREUNDER, AND DELETING OUTDATED
LANGUAGE; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN
CONFLICT THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
SECOND READING, PUBLIC HEARING
HISTORY/BACKGROUND
The attached Ordinance is sponsored by Commissioner Deede Weithorn and provides
amendments to the Miami Beach Employees' Retirement Plan (MBERP) in order for the Plan to
comply with the applicable qualification standards under lnternal Revenue Code (lRC) section
401(a) and for the Plan to retain its qualified status. The Ordinance makes various technical
amendments to the MBERP to comply with IRC qualification standards for a retirement plan. As
noted in the attached Memorandum from pension counsel, the proposed amendments are required
by the IRC and lnternal Revenue Service (lRS) regulations for the Plan to retain its qualified status.
ANALYSIS
A summary of the proposed changes to the Plan is set forth in pension counsel's attached
Memorandum.
ln addition to the technical amendments required for IRC and IRS compliance, the
Ordinance provides a restatement of the entire Plan in one document, pursuant to pension counsel's
recommendation, to reflect all ordinance amendments to the Plan that have been adopted since the
Plan was established in 2006.
Agenda ltem R56-
oate 6't!1-L311
Commission Memorandum
June 10,2015
MBERP Ordinance
Page 2 ot 2
FINANCIAL IMPACT
The City's pension counsel has opined that the amendments should not result in any fiscal
impact to the Plan or to the City. The actuarial impact statement is attached.
T:\AGENDA\2O15Uune\Human Resources\Comm Memo MBERP Miami Beach Employees' Retirement Plan.doc
312
.':.i.*
>,r-
TO:
FROM:
DATE:
RE:
LEWIS, LONCMAN & WALKER, P.A.
\ I I () tr \ | \ \ 4 r I A !\
Rpplv To: TALLAHASSEE
MEMORAI\DUM
Raul J. Aguila, City Attorney
City of Miami Beach
Jim Linn and Jennifer Cowan
May 18,2015
Miami Beach Employees' Retirement Plan - Internal Revenue Code Compliance
Amendments
As requested, we have reviewed the proposed amendments to the Miami Beach Employees'
Retirement Plan enclosed with Robert Friedman's letter of February 2,2015. In our opinion, the
proposed amendments are required by the Intemal Revenue Code and IRS regulations, in order
for the Plan to retain its qualified status and receive a favorable determination letter from the
IRS.
The amendments are technical in nature, and include the following provisions:
o Revised definition of "actuarial equivalent" (section 2.02). The revised definition
incorporates the specific interest rate and mortality assumptions now used for the plan.
o Incorporation of IRS regulations on "differential wage payments" (section 4.02).
"Differential wage payments" are payments made by an employer to an employee who is
on active duty in the U.S. uniformed services for more than 30 days. Differential wage
payments are required to be counted as part of the employee's pensionable earnings.
Section 3401(h) was added to the Internal Revenue Code by section 105(a) of the
"HEART Act" (Heroes Earnings Assistance and Relief Tax Act of 2008).
o A provision incorporating the Internal Revenue Code requirement that upon a member's
attainment of the normal retirement date the member's benefits under the plan are fully
vested and non-forfeitable (section 5.0 1 (a)7).
o A provision incorporating Intemal Revenue Code requirements concerning death benefits
payable to a member who dies during qualified military service (section 5.08). Section
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313
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Page2
a0l(a)(37) of the Intemal Revenue Code (also added by the "HEART Act), requires that
qualified retirement plans provide that, in the case of a member who dies while
performing qualified military service, the member's survivors are entitled to the death
benefits provided under the employer's plan as if the member resumed employment and
then terminated employment on account of death.
o Deletion of outdated language concerning the 2007-08 early retirement incentive program
(sections 5.12 and 5.13(b)14).
o A provision incorporating the maximum benefit limitations of Section 415, and the
maximum compensation limits of Section aOl(a) (17) of the Intemal Revenue Code
(section 5.13(b)15). Section 415 contains maximum limits on retirement benefits paid
from a qualified plan, and Section a01(a)(17) provides a maximum limit on the amount
of compensation that may be used to calculate benefits. The current maximum annual
benefit for defined benefit plans under Section 41 5 is $2 1 0,000 payable at age 62; and the
current maximum annual compensation amount is $265,000.
o Provisions incorporating Internal Revenue Code requirements concerning the
commencement and payment of benefits (sections 1 1.07 and I 1 .08). The IRC requires
that benefits commence no later than April 1 of the calendar year following the year a
member attains age 70 and one-half, or the year the member retires, whichever is later.
The IRC also contains rules governing the payment of benefits to a member's spouse,
issue or dependent following the death of a member.
o Provisions incorporating Internal Revenue Code requirements distributions and rollovers
from the plan (section 12.02). These provisions allow rollovers from the fund to a03@)
and 457(b) defined contribution plans, and provide special rules for distributions to non-
spouse beneficiaries.
The ordinance also reflects our recommendation that the retirement plan be restated to
incorporate all amendments that have been adopted since the plan was established in2006 in one
document. All the ordinances creating and amending the plan are listed at the end of the
ordinance.
An Internal Revenue Service "determination letter" is issued by the IRS in response to a request
as to the qualified status of a retirement plan under IRC section a01(a). The determination letter
expresses the Service's opinion regarding the form of the plan, and applies only to the employer
and the plan participants on whose behalf it was issued. The IRS issued a favorable
determination letter for the Miami Beach Employees' Retirement Plan on October 15, 2014,
conditioned on adoption of the amendments contained in this ordinance.
While public employers that sponsor retirement plans are not required to apply for a
determination letter, receiving a favorable determination letter provides documentation that the
plan satisfies the applicable qualification standards.
00498480-l
314
May 18, 2015
Page 3
There are several legal and practical advantages to obtaining a determination letter. One legal
advantage is that an IRS determination letter provides a definitive analysis of whether a plan is
qualified. It also provides the basis for retroactive relief if the Service later changes its position.
One practical advantage of obtaining a determination letter is that the City's auditors will be less
likely to question the qualified status of the Plan.
We have prepared an ordinance incorporating the IRC compliance amendments. The
amendments are technical in nature, and should not result in additional cost to the Plan or the
City.
In accordance with section 112.63(3), Florida Statutes, an actuarial impact statement will need to
be prepared before the IRC compliance ordinance is adopted on second reading.
Please let us know if you have any questions.
315
GRS
ATTACHMENT
Gabriel Roeder Smith & Company one East Broward Blvd. 954.527.1616 phone
Consuitants & Actuarics Suite 505 954.525,0083 fax
Ft.Lauderdale,FL3330l-1804 www.gabrielroeder.com
May 29,2015
Mr. Rick Rivera
Pension Administrator
City of Miami Beach Employees'
Retirement Plan
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: City of Miami Beach Employees' Retirement Plan
Dear Rick:
As requested, we have reviewed the attached draft ordinance for the City of Miami Beach
Employees' Retirement Plan which would amend the Plan as follows:
r Amends Section Z.02,Definrtion of Actuarial Equivalent to specify the assumptions used
for actuarial equivalence are based on an 8olo interest rate and the RP 2000 Combined
Healthy Participant Mortality Tables with a blending of 65Yo male rates and35o/o female
rates.. Adds language to Section 4.02,Creditable Service, related to differential wage payments to
comply with the Internal Revenue Code.. Adds language to Section 5.01(a), Normal Retirement Date, to clarify that benefits are fully
vested and non-forfeitable upon attainment of Normal Retirement eligibility.. Adds Section 5.08, Death Benefits for Death During Qualified Military Service, to provide
certain survivor benefits for members who die while performing Qualifred Military Service
under the Uniformed Services Employment and Reemployment Rights Act (USERRA).t Removes Section 5.12, Early Retirement Incentive Program, for the ERIP which ended
January 25,2008.. Removes language from Section 5.13(b), DROP Plan Features, related to the Early
Retirement Incentive Program which ended January 25,2008.. Adds language to Section 5.13(b), DROP Plan Features, regarding limitations on benefits in
accordance with Internal Revenue Code Section 415 and Regulations thereunder.. Adds Sections I1.07 and 11.08 to comply with tnternal Revenue Code Section 401(a)(9).. Adds language to Section 12, Rollover Distributions, to update definitions and provisions
related to eligible rollover distributions.
Under USERRA, if a member dies or becomes disabled while in the military, the Plan would
provide certain benefits. The value of these benefits would result in an actuarial loss in the year in
which the death or disability occurred. Because of the very low probability that this provision will
be utilized, we do not feel that an estimate for advanced funding is necessary.
316
Mr. Rick Rivera
May 29,2015
Page2
In our opinion, these changes will not have a significant actuarial impact on the cost of the
Retirement System. Therefore, it is our opinion that a formal Actuarial Impact Statement is not
required. However, we recommend that you send a copy of this letter and the ordinance to the
Bureau of Local Retirement Systems.
The undersigned is a member of the American Academy of Actuaries and meets the Qualification
Standards of the American Academy of Actuaries to render the actuarial opinions contained herein.
The undersigned actuary is independent ofthe plan sponsor.
We welcome your questions and comments.
Sincerely yours,
Yn4^u Lqtr
Melissa R. Algayer, EA, MAAA
Consultant & Actuary
MA/ib
Enclosure
Circular 230 Notice: Pursuant to regulations issued by the IRS, to the extent this communication
(or any attachment) concerns tax matters, it is not intended or written to be used, and cannot be
used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii)
marketing or recommending to another party any tax-related matter addressed within. Each
taxpayer should seek advice based on the individual's circumstances from an independent tax
advisor.
This communication shall not be construed to provide ta,r advice, legal advice or investment advice.
Gabriel Roeder Smith & Company
317
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING AND
RESTATING THE MIAMI BEACH EMPLOYEES' RETIREMENT
PLAN CREATED BY ORDINANCE NO. 2006.3504, AS
SUBSEQUENTLY AMENDED, BY AMENDING SECTIONS 2, 4, 5,
11, AND 12 OF THE PLAN TO COMPLY WITH APPLICABLE
PROVISIONS OF THE INTERNAL REVENUE CODE AND
REGULATIONS THEREUNDER, AND DELETING OUTDATED
LANGUAGE; PROVIDING FOR SEVERABILIW; REPEALINGALL ORDINANCES lN CONFLICT THEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CIry COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA:
Section 1. The Miami Beach Employees' Retirement Plan created by Ordinance
2006-3504, as subsequently amended, is hereby restated, and amended as
follows:
Section 1. Creation and Purpose of the Retirement Plan
1. A retirement system is hereby created under and by authority of Chapter
18691, Laws of Florida, Acts of 1937, as amended, by merging the
''RETIREMENT SYSTEM FOR GENERAL EMPLOYEES OF THE CITY OF
MIAMI BEACH" created by Ordinance 1901 , as amended (hereinafter referred toas the "Classified System"), with the "RETIREMENT SYSTEM FOR
UNCLASSIFIED EMPLOYEES AND ELECTED OFFICIALS OF THE CITY OF
MIAMI BEACH" created by Ordinance 88-2603, as amended (hereinafter
referred to as the "Unclassified System"), to form the "MlAMl BEACH
EMPLOYEES' RETIREMENT PLAN" which shall be hereinafter referred to as the
"Plan" or the "Retirement Plan." Any references to the Classified System or
Unclassified System in any other provision of the City Charter, Code of
Ordinances, ordinances or resolutions shall be construed to apply to this Plan in
the same manner as applied to the Classified System or Unclassified System.
2. The purpose of the Retirement Plan is to provide retirement and other
related benefits for eligible employees and elected officials of the City and their
beneficiaries or dependents.
Section 2. Definitions
For purpose of the Retirement Plan, certain words and phrases shall have
the meanings ascribed to them in this Article except when the context othenruise
requires. The masculine pronoun, wherever used, shall include the feminine.
318
2.01 "Accumulated Employee Contributions" means the required contributions
paid by any Member as provided in Section 6.2 or credited to the Member
pursuant to Section 6.1(b), together with any interest allowed thereon under this
Plan or previous City retirement system, until such time as the Employee's
service with the City is terminated at the rate, compounded annually, as
determined by the Board from time to time.
2.02 "Actuarial Equivalent" means equivalent when computed at 8.0% interest
per annum on the basis of the RP 2000 Combined Healthy Participant Mortality
Tables with a blendinq of 65% male rate and 35% female rates@
the basis ef mertality tables last adepted by the Beard ef Trustees.
2.03 "Beneficiary" means, the surviving person or persons designated as such
by a Member or Retirant in the last written designation on file with the Board in
accordance with Section 5.10 (g); in the absence of such survivor or such
designation, it means the estate of the deceased Member or Retirant, as the
case may be.
2.04 "Board of Trustees" or "Board" means the managing board of the Plan as
provided for in Article Vll.
2.05 "City" or "Employer" means the City of Miami Beach, Florida.
2.06 "City Commission" or "Commission" means the City Commission of the
City of Miami Beach, Florida.
2.07 "Classified Employee" means an Employee who is employed in a
classified position under the City of Miami Beach Civil Service Act.
2.08 "Creditable Service" means service credited to a Member under the Plan
as provided in Article lV.
2.09 "Defined Contribution Retirement System" means a plan established by
the City pursuant to Ordinance 92-2813.
2.10 "Domestic Partner" means a person with whom a member has entered
into a domestic partnership as defined in Section 62-126 of the City Code, and
registered and documented according to the requirements of Section 62-127 of
the City Code.
2.11 "Earnings" means base pay, including longevity pay, for personal services
rendered as an Employee, but excluding any payment of overtime, shift
differential or extra compensation allowances such as uniform allowances.
Notwithstanding the foregoing, in the case of any Member who is in a
classification within the CWA bargaining unit who entered service with the City
prior to February 21, 1994 as a Classified Employee, and who was continuously
a member of the Classified System from that date until March 18, 2006,
"Earnings" shall include overtime pay up to a maximum of ten percent (10%)
319
above the Member's highest pensionable earnings each year. The definition of
Earnings in the preceding sentence shall apply to Employees in classifications
within the AFSCME bargaining unit who entered the service of the City prior to
April 30, 1993 and to employees in classifications within the GSA bargaining unit
who entered the service of the City prior to August 1 , 1993, and who were
Members of the Classified Plan continuously from that date until March 18, 2006,
upon the ratification of a collective bargaining agreement that contains such
definition. Earnings in excess of the limitations setforth in Section 401(a)(17) of
the !nternal Revenue Code, and regulations promulgated thereunder, shall be
disregarded, and no member contributions shall be required on any such excess
2.12 "Elected Officials" means the Mayor, and the members of the City
Commission of the City of Miami Beach.
2.13 "Employee" means any person employed by the City on a regular basis
who is receiving compensation from the City for personal services, exclusive of
the following groups and classifications:
(a) Persons whose services are compensated on a contractual basis.
(b) Persons employed on a provisional, original probationary or other
temporary basis.
(c) Members of boards or commissions, officers, or employees
receiving no salary or a nominal salary on a fee basis.
(d) Members of the City Pension Fund for Firemen and Policemen or
the City Supplemental Pension Fund for Firemen and Policemen in the
City of Miami Beach.
(e) Persons whose regular employment with the City is for less than
thirty (30) hours per week. Provided, however, all persons who were on
the membership rolls of the Classified System as of August 31, 1992 and
became Members of this Plan on March 18, 2006, whose regular
employment is for less than thirty (30) hours per week may continue as
Members of this Plan.
"Employee" also means any person employed on a regular basis for thirty (30) or
more hours per week by the Miami Beach Visitor and Convention Authority, this
Retirement Plan, the Classified Plan, the Unclassified Plan or the City Pension
Fund for Firemen and Policemen.
2.14 (a) "Final Average Monthly Earnings" means one-twelfth of the
average annual earnings of the Member during the two highest paid years
of creditable service except as othenruise provided in this Section 2.14.
Notwithstanding the foregoing, for any Member who became a Member of
the Unclassified System prior to October 18, 1992 and was continuously a
Member of the Unclassified System from that date until March 18, 2006,
320
"Final Average Monthly Earnings" means one-twelfth of the average
annual earnings of the Member during the two highest paid years of
creditable service but shall not in any event be less than one-twelfth of the
earnings of the Member during the twelve months immediately preceding
March 18, 2006.
(b) Notwithstanding Section 2.14(a) above, effective September 30,
2010, "FinalAverage Monthly Earnings" means:
1) For those Members who as of September 30, 2010 have
attained normal retirement age or are within twenty-four Qa)
months from normal retirement age, "Final Average Monthly
Earnings" shall have the same meaning as in Section 21a@)
above.
2) For those Members who as of September 30, 2010 are between
twenty-four Q$ and thirty-six (36) months from normal retirement
age, "Final Average Monthly Earnings" means one-twelfth (1112) of
the average annual earnings of the Member during the three (3)
highest paid years of creditable service.
3) For those Members who as of September 30, 2010 are between
thirty-six (36) and forty-six (46) months from normal retirement age,
"Final Average Monthly Earnings" means one-twelfth (1112) of the
average annual earnings of the Member during the four (4) highest
paid years of creditable service.
4) For those Members who as of September 30, 2010 are more
than forty-eight (48) months from normal retirement age, "Final
Average Monthly Earnings" means one-twelfth (1112) of the
average annual earnings of the Member during the five (5) highest
paid years of creditable service.
(c) Effective April 23, 2014, Members within classifications in the
AFSCME bargaining unit who were hired prior to September 30, 2010,
may elect to retire for purposes of the Plan but continue employment with
the City for up to sixty (60) months, and have their monthly retirement
benefit paid into a DROP account during the DROP period, in accordance
with Section 5.13.
2.15 "Finance Director" means the Finance Director of the City of Miami Beach
as appointed by the City Manager or such person designated by the City
Manager to perform the duties of Finance Director.
2.16 "Member" means any Employee included in the membership of the Plan,
as provided in Article lll. A Member who retires shall be deemed a retired
member or a retirant.
321
2.17 "Pension" means the monthly amount payable to a Pensioner under the
Plan; the pension shall be due as of the first day of the calendar month next
following the death of the Member or Retirant and shall cease after the payment
due on the first day of the month in which the Pensioner ceases to be entitled
thereto according to the provisions of this Ordinance.
2.18 "Pensioner" means the dependent beneficiary of a Member or Retirant in
receipt of a pension under the Plan as the result of the death of a Member or
Retirant of this Plan, the Classified or Unclassified System, or the Predecessor
System.
2.19 "Physical Examiners" means the physicians provided for in Section 8.06(D.
2.20 "Predecessor system" means the Retirement System governed by
Ordinance No. 845 as in effect prior to the adoption of the Classified System and
the Unclassified System.
2.21 "Regular lnterest" means interest at the rate or rates determined by the
Board of Trustees as provided in Section 8.6(d).
2.22 "Retirant" means a person in receipt of retirement allowance payments
under the Plan on the basis of his service as an Employee.
2.23 "Retirement allowance" means monthly payments under the PIan to a
Retirant during his lifetime; monthly payments shall be due as of the first day of
each calendar month and shall cease after the payment as of the first day of the
month in which the Retirant's death occurs.
2.24 "Retirement Plan" or "Plan" means the Miami Beach Employees
Retirement Plan created by this ordinance.
2.25 "Unclassified Employee" means an Employee who is employed in a
position that is not a classified position under the City of Miami Beach Civil
Service Act.
2.26 Deferred Retirement Option Plan (DROP) - A program under which a
Member who has reached the normal retirement date may elect to retire for
purposes of the Plan but continue employment with the City for up to thirty-six
(36) months, and have his/her monthly retirement benefit paid into a DROP
account during the DROP period, in accordance with Section 5.13.
Notwithstanding the preceding sentence:
(a) Effective July 17,2013, Members within classifications in the CWA
bargaining unit who were hired prior to October 27, 2010, and Members
not included in any bargaining unit, who were hired prior to September 10,
2010, may elect to retire for purposes of the Plan but continue
employment with the City for up to sixty (60) months, and have their
monthly retirement benefit paid into a DROP account during the DROP
0049487 5-2
322
period, in accordance with Section 5.13.
(b) Effective October 16, 2013, Members within classifications in the
GSAF bargaining unit who were hired prior to July 14, 2010, may elect to
retire for purposes of the Plan but continue employment with the City for
up to sixty (60) months, and have their monthly retirement benefit paid into
a DROP account during the DROP period, in accordance with Section
5.13.
(c) Effective April 23, 2014, Members within classifications in the
AFSCME bargaining unit who hired prior to September 30, 2010, may
elect to retire for purposes of the Plan but continue employment with the
City for up to sixty (60) months, and have their monthly retirement benefit
paid into a DROP account during the DROP period, in accordance with
Section 5.13.
For members in classifications within the American Federation of State, County
and Municipal Employees ("AFSCME") and Communications Workers of America
("CWA") bargaining units, the terms in this Plan shall have the same meanings
as in Ordinance 789, the Classified Employee's Salary Ordinance, except as
otherwise specifically provided in this Plan.
Section 3. Membership
3.01 Every person who on March 18,2006 was a Retirant, Pensioner, or
vested former member under the Classified System, Unclassified System or
Predecessor System shall automatically become on such date a Retirant,
Pensioner or vested Member, as applicable, under this Plan, and shall continue
to receive or receive in the future under this Plan the benefits paid or payable
under the Classified System, Unclassified System, or Predecessor System.
Every person who on March 18, 2006 was a Member of the Classified System or
Unctassified System shall automatically become on such date a Member of this
Retirement Plan. Any written designation of beneficiary or dependent beneficiary
in effect under the Classified System, Unclassified System or Predecessor
System on March 18, 2006 shall continue to be in effect under this Plan unless
subsequently changed or revoked by the Member or Retirant, in writing, in
accordance with the provisions of this Plan Ordinance.
3.02 Any person, other than as provided in Section 3.3 herein, who becomes
an Employee on or after March 18, 2006 shall be a Member of this PIan as a
condition of his employment or office, as of the first day of City employment. An
Employee's acceptance of employment with the city shall constitute authorization
for the city to deduct contributions from the Earnings of the Employee in
accordance with Section 6.02. unless and until the Employee elects not to
participate in this Plan to Section 3.03.
6
323
3.03 Any person serving as an Elected Official, City Manager or City Attorney
shall have the option to reject membership in this Plan, and to participate in
another plan that is approved by the City Commission. Any employee in a
classification within the AFSCME or GSA bargaining units who enter the service
of the City on or after March 18, 2006, and who would otherwise become a
Member of this Retirement Plan, shall have an irrevocable option to reject
membership in this Plan, and elect instead to participate in the Defined
Contribution Retirement System, until such time as a collective bargaining
agreement is ratified that provides for mandatory participation in this Plan.
3.04 An Employee shall cease to be a Member if he dies, retires, ceases to be
an Employee as defined in Section 2.13 herein for any other reason, or elects not
to participate in this Plan in accordance with Section 3.03.
3.05 Any Employee who previously elected to participate in the Defined
Contribution Retirement System, or a defined contribution retirement plan
established for employees of the Miami Beach Visitor and Convention Authority,
the Classified Plan, the Unclassified Plan or the City Pension Fund for Firemen
and Policemen, prior to March 18, 2006 shall have a one-time, irrevocable option
to transfer to this Plan by filing a written election with the Board within six months
from March 18, 2006, but in no event later than the last day of employment.
Employees who elect to participate in this Plan pursuant to this Section 3.5 may
purchase Creditable Service under the Plan for all or a portion of the period of
their participation in the Defined Contribution Retirement System, or a defined
contribution retirement plan established for employees of the Miami Beach Visitor
and Convention Authority, the Classified Plan, the Unclassified Plan or the City
Pension Fund for Firemen and Policemen, in accordance with Section 4.04.
Notwithstanding the foregoing, Employees in classifications within the AFSCME
and GSA bargaining units who previously elected to participate in the Defined
Contribution Retirement System, shall not be eligible to participate in this Plan
unless and until a collective bargaining agreement is ratified that provides for
such participation.
Section 4. Creditable Service
4.01 Each Employee who was a member of the Classified System or
Unclassified System and becomes a Member of this Plan on March 18, 2006
shall be credited with the same amount of creditable service under this Plan to
which the member was credited as of such date under the Classified System or
Unclassified System. A Member shall be credited with creditable service for all
periods of service as an Employee on orafter March 18,2006 during which the
Member makes contributions to the Plan in accordance with Article 6. The
creditable service of a Member shall not include service prior to the date the
member elects to receive a refund of Accumulated Employee Contributions in
accordance with Section 5.9 (a).
7
324
4.02 A member who separates from City employment for active duty service in
the Armed Forces of the United States, the United States Merchant Marine or the
United States Coast Guard, voluntarily or involuntarily, shall be entitled to
creditable service under the Plan for the period of such service, provided:
(a) The Member must return to City employment within one (1) year
from the earlier of the date of military discharge or release from active
service, unless otherwise provided by the Uniformed Services
Employment and Reemployment Rights Act (USERRA), (P.L. 103-353).
(b) The Member is entitled to reemployment with the City under the
provisions of the Uniformed Services Employment and Reemployment
Rights Act (USERRA), (P.1. 103-353).
(c) The member pays into the Plan the amount of contributions that
would have been required had the Member remained continuously
employed by the City, based on the member's earnings on the date of
separation from City employment.
(d) The maximum amount of creditable service available under this
paragraph shall be five (5) years.
In addition, for vears beqinnins after December 31, 2008, (i) an individual
receivinq a differential waqe pavment, as defined in Section 3401(hX2) of the
lnternal Revenue Code, shall be treated as an emplovee of the emplover makinq
the payment. (ii) the differential waqe payment shall be treated as compensation,
and (iii) the plan shall not be treated as failinq to meet the requirements of anv
provision described in Section 414(uX1XC) of the lnternal Revenue Code by
reason of anv contribution or benefit which is based on the differential waqe
payment.
4.03
(a) A Member with five (5) or more years of creditable service may, at
any time prior to retirement, elect to purchase up to a maximum of two (2)
years of additional creditable service may at any time prior to retirement
elect to purchase a maximum of two years of additional creditable service
as provided in Section 4.03. Notwithstanding any provision of this Section
4.03, effective September 30, 2013, Members whose classification is
included in the CWA bargaining unit and Members who are not included in
any collective bargaining unit shall not be eligible to purchase additional
creditable service under this Section 4.03. Notwithstanding any provision
of this Section 4.03, effective September 30, 2013, Members whose
classification is included in GSAF bargaining unit shall not be eligible to
purchase additional creditable service under this Section 4.03.
Notwithstanding any provision of this Section 4.03, effective April 23,
2015, Members whose classification is included in the AFSCME
325
bargaining unit shall not be eligible to purchase additional creditable
service under this Section 4.03. The benefit multiplier that the Member is
earning at the time of the election to purchase additional creditable service
pursuant to this Section 4.03 shall be applied to the additional credited
service purchased. To be eligible to purchase additional creditable
service under this Section 4.03, a Member who previously elected to
participate in the Defined Contribution Retirement System (401(a) Plan)
must first purchase all available creditable service in accordance with
Section 4.4. An eligible Member may elect to purchase additional
creditable service under this Section 4.3 for any of the following types of
employment prior to the employee's date of hire by the City, provided that
the Member may not purchase such service if the Member has received or
will receive a pension benefit for the same period of employment under
another retirement plan :
1) Active duty military service in the Armed Forces of the
United States or the Coast Guard.2) Full-time employment with another governmental entity.3) Full-time employment in the private sector performing the
same or very similar duties the employee is performing for the City
at the time of his/her election to purchase additional service.
(b) ln order to receive the additional creditable service, the Member
shall pay ten percent (10%) of his/her annual rate of pensionable
Earnings, multiplied by the number of years and fractions of a year
purchased, up to a total of two years. For the purpose of this section, the
annual rate of pensionable earnings shall be the rate in effect on the date
of payment and shall include the annual amount of overtime pay for those
Members whose overtime pay is included in Earnings. Payment shall be
made in a single lump sum to the Plan within six (6) months following the
date of the member's election to purchase the additiona! service.
Notwithstanding the preceding sentence, effective July 17, 2013,
Members whose classification is included in the CWA bargaining unit and
Members who are not included in any collective bargaining unit shall make
payment in a single lump sum to the Plan within twelve (12) months
following the date of the Members election to purchase the additional
service.
(c) For purposes of this Section 4.3, Members may use the value of
accrued sick and/or annual leave for the purchase of additional creditable
service, as follows. Accrued sick leave may be used at the rate of 2
hours of accrued sick leave for the value of each hour used toward the
purchase, provided that the Member must retain at least 120 hours of
accrued sick leave after the purchase. Annual leave may be used at the
rate of t hour of accrued annual leave for the value of each hour used
toward the purchase. The total amount of sick and annual leave used for
oon,n,,,_,tn"
purchase of additional creditable service under this section 4'03 shall
326
be deducted from the maximum amount of leave allowed for payout to the
Member upon termination of employment.
(d) Members may pay for some or all of the cost of additional
creditable service purchased pursuant to this Section 4.03 by direct
transfer or rollover of funds from a 401 (a) or 457 plan, provided the
401(a) plan or 457 plan permits such direct transfers.
(e) Notwithstanding the forgoing, Employees in classifications within
the AFSCME bargaining unit and the GSA bargaining unit shall not be
eligible to purchase additional creditable service under this Section 4.03
unless and until a collective bargaining agreement is ratified that provides
for such purchase.
(f) Amounts paid or transferred to this Plan for the purchase of
creditable service under this Section 4.03 shall be considered
accumulated employee contributions as that term is defined herein, and
Members shall be 100% vested in such amounts.
(g) Notwithstanding any other provision of this Section 4.3, in no event
may the maximum benefit percentage applicable to the member be
exceeded as the result of any purchase of creditable service.
4.04 Purchase of Creditable Service by Members Who Previously Participated
in the Defined Contribution Retirement System.
(a) Any Employee who previously elected to participate in the Defined
Contribution Retirement System (401(a) Plan) prior to March 18, 2006,
and who becomes a Member of this Plan on or after March 18, 2006, may
purchase Creditable Service under this Plan for all or a portion of the
period of their participation in the Defined Contribution Retirement System,
by paying into the Plan an amount equal to the sum of the required
employer and employee contributions to the Classified Plan or
Unclassified Plan (whichever plan in which the Member was eligible to
participate) for each fiscal year of service, or portion thereof, purchased,
as reflected in the actuarial valuation report for that year; plus interest at
the rate of 8.5 percent for Classified Employees and 9.0 percent for
Unclassified Employees, calculated from the end of each applicable fiscal
year through the date of payment. Notwithstanding the preceding
sentence, for any Creditable Service purchased pursuant to this
subsection (a) that relates to employment during the 2005-2006 fiscal
year, if full payment for such service is made on or before May 1, 2006,
the payment amount for such service shall be twenty percent (2Oo/o) of the
Employee's earnings for the period purchased, with no interest on the
amount paid for such service. In any event, full payment all service
purchased pursuant to this subsection (a) must be made within six (6)
months from March 18, 2006 and cost estimates have been provided to
100049441 5 -2
327
the Employee, but in no event later than the last day of employment. ln
the case of an employee who elects to transfer or roll over assets from the
Defined Contribution Retirement System to purchase creditable service
pursuant to this subsection (a), the requirements of the preceding
sentence as to such assets shall be satisfied by the employee's
irrevocable authorization to transfer or roll over such assets, executed on
or before the last day of employment. Each employee electing this option
may purchase creditable service under this Plan for the period from the
date the employee entered the Defined Contribution Retirement System
through the effective date of membership in this Plan, or any portion
thereof. lf a Member elects to purchase less than the full period of
participation in the Defined Contribution Retirement System, the first
period of purchase shall be for the same fiscal year in which the Employee
was first authorized to purchase service pursuant to this subsection (a),
the second period of purchase shall be for the immediately preceding
fiscal year and so or, until the Member purchases the amount of
creditable service desired. A Member shall not be permitted to select
those years that result in the lowest purchase amount. Notwithstanding
any other provision of this Section 4.4, in no event may the maximum
benefit percentage applicable to the member be exceeded as the result of
any purchase of Creditable Service.
(b) Any Employee who previously elected to participate in a defined
contribution retirement plan established for employees of the Miami Beach
Visitor and Convention Authority, the Classified Plan, the Unclassified
Plan or the City Pension Fund for Firemen and Policemen, prior to March
18, 2006, and who becomes a Member of this Plan on or after March 18,
2006, may purchase Creditable Service under this Plan for all or a portion
of the period of their participation in such defined contribution retirement
plan on or after October 18, 1992, during which such Member was
employed on a regular basis for thirty (30) or more hours per week, by
paying into the Plan an amount equal to the sum of the required employer
and employee contributions to the Classified Plan for each fisca! year of
service, or portion thereof, purchased, as reflected in the actuarial
valuation report for that year; plus interest at the rate of 8.5 percent
calculated from the end of each applicable fiscal year through the date of
payment. Notwithstanding the preceding sentence, for any Creditable
Service purchased pursuant to this subsection (b) that relates to
employment during the 2005-2006 fiscal year, if full payment for such
service is made on or before May 1, 2006, the payment amount for such
service shall be twenty percent (20o/o) of the Employee's earnings for the
period purchased, with no interest on the amount paid for such service. In
any event, full payment for all service purchased pursuant to this
subsection (b) must be made within six (6) months after March 18, 2006
and cost estimates have been provided to the Employee, but in no event
later than the last day of employment. ln the case of a Member who
elects to transfer or roll over assets from a defined contribution retirement
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plan established for employees of the Miami Beach Visitor and Convention
Authority, the Classified Plan, the Unclassified Plan or the City Pension
Fund for Firemen and Policemen to purchase creditable service pursuant
to this subsection (b), the requirements of the preceding sentence as to
such assets shall be satisfied by the Member's irrevocable authorization to
transfer or roll over such assets, executed on or before the last day of
employment. lf a Member elects to purchase less than the full period of
participation in the defined contribution retirement plan, the first period of
purchase shall be for the same fiscal year in which the Employee was first
authorized to purchase service pursuant to this subsection (b), the second
period of purchase shall be for the immediately preceding fiscal year and
so on, until the Member purchases the amount of creditable service
desired. A Member shall not be permitted to select those years that result
in the lowest purchase amount. Notwithstanding any other provision of
this Section 4.4, in no event may the maximum benefit percentage
applicable to the Member be exceeded as the result of any purchase of
creditable service.
(c) A Member who elects to purchase creditable service under this
Section 4.4 may pay for such service in one or a combination of the
following manners:
1) Direct transfer or rollover from the Defined Contribution
Retirement System, 457 plan or other eligible plan in accordance
with Section 12.3, provided the other retirement system or plan
permits such direct transfers or rollovers for the purchase of
creditable service under this Plan. The full value of assets,
including any outstanding loans, transferred from a Member's
account in the Defined Contribution Retirement System, or from a
defined contribution retirement plan established for employees of
the Miami Beach Visitor and Convention Authority, the Classified
PIan, the Unclassified Plan or the City Pension Fund for Firemen
and Policemen that permits such direct transfers or rollovers for the
purchase of creditable service under this Plan, will be credited
toward the purchase of creditable service under this Section 4.4. A
Member must pay off any loan balance existing at the time of
transfer from the Defined Contribution Retirement System, or from
a defined contribution retirement plan established for employees of
the Miami Beach Visitor and Convention Authority, the Classified
Plan, the Unclassified Plan or the City Pension Fund for Firemen
and Policemen, by making payments to this Plan in the same
manner and at the same rate of interest as the payments that were
made to the Defined Contribution Retirement System or defined
contribution retirement plan prior to the transfer. ln the event full
payment of all outstanding loan balances is not made prior to
termination of employment, the Member's creditable service shall
be adjusted to reflect the payments actually made.
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2) Cash Payment.
3) A Member who is employed by the City at the time creditable
service is purchased pursuant to this Section 4.4 may use the value
of accrued sick and/or annual leave as follows. Accrued sick leave
may be used at the rate of 2 hours of accrued sick leave for the
value of each hour used toward the purchase, provided that the
Member must retain at least 120 hours of accrued sick leave after
the purchase. Annual leave may be used at the rate of t hour of
accrued annual leave for the value of each hour used toward the
purchase. The total amount of sick and annual leave used for the
purchase of additional creditable service under this Section 4.4
shall be deducted from the maximum amount of leave allowed for
payout to the Member upon termination of employment.
(d) Amounts paid or transferred to this Plan for the purchase of
creditable service under this Section 4.4, excluding any outstanding loan
balances, shall be considered accumulated employee contributions as that
term is defined herein, and Members shall be 100% vested in such
amounts.
(e) Notwithstanding any other provision of this Section 4.4, the
provisions of this Section 4.4 shall not apply to Employees within
classifications in the AFSCME and GSA bargaining units until a collective
bargaining agreement containing such provisions is ratified. lf a collective
bargaining agreement applying the provisions of this Section 4.4 to
Employees within classifications in the AFSCME or GSA bargaining units
is ratified on or before April 1, 2006, for any Employee who purchases
Creditable Service purchased pursuant to subsection (a), above, that
relates to employment during the 2005-2006 fiscal year, and makes full
payment for such service within sixty (60) days following ratification of the
collective bargaining agreement, the payment amount for such service
shall be twenty percent (20%) of the Employee's earnings for the period
purchased, with no interest on the amount paid for such service.
4.05 Purchase of Creditable Service by Members Who Previously had
Creditable Service Under the Classified Plan.
(a) Any Employee who was employed on March 18, 2006, and
becomes a Member of this Plan on or before September 18, 2006, and
who previously had creditable service under the Classified Plan but who
separated from employment as a Classified Employee prior to becoming
fully vested in the Classified Plan, may purchase Creditable Service under
this Plan for all or a portion of the period of their creditable service under
the Classified Plan, by paying into the Plan an amount equal to the sum of
the required employer and employee contributions to the Classified Plan
for each fiscal year of service or portion thereof purchased, plus interest at
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330
the rate of eight and one-half percent (8.5%) from the end of each
applicable fiscal year through the date of payment. Full payment must be
made within six (6) months after March 18, 2006.
(b) Notwithstanding the provisions of subsection (a), above, any
Employee who was employed on March 18, 2006 and becomes a Member
of this Plan on or before September 18, 2006, and who was promoted
from a classified position to an unclassified position with no break in City
service prior to March 18. 2006 and received a refund of member
contributions from the Classified Plan, may purchase Creditable Service
under this Plan for all or a portion of the period of their creditable service
under the Classified Plan, by paying into the Plan an amount equal to ten
percent (10%) of their annual rate of pensionable Earnings, multiplied by
the number of years and fractions of ayeat purchased, plus interest at the
rate of 9.0% calculated from the end of each applicable fiscal year through
the date of payment. Full payment for Creditable Service purchased
pursuant to the preceding sentence must be made within six (6) months
from March 18, 2006.
(c) Notwithstanding any provision of this Section 4.05, this Section
4.05 shall have no application to persons employed by the Miami Beach
Visitor and Convention Authority, the Classified Plan, the Unclassified
Plan or the City Pension Fund for Firemen and Policemen on March 18,
2006.
4.06 Purchase of Creditable Service for lnitial Probationary Period. Any
Member who did not receive credit under a City retirement plan, other than a
Section 457 plan, during their employment as a provisional or probationary
employee, may, at any time prior to retirement, purchase Creditable Service
under this Plan for all or a portion of such provisional or probationary
employment, by paying into the Plan an amount equal to member contribution
rate in effect during the period of such provisional or probationary employment,
plus interest compounded annually based on the regular rate of interest in effect
at the time of the purchase. lf the member elects to purchase Credited Service
for less than the entire period of provisional or probationary employment, only the
most recent period of provisional or probationary employment shall be claimed.
Notwithstanding, any other provision of this Section 4.06, in no event may the
maximum benefit percentage applicable to the member be exceeded as the
result of any purchase of Creditable Service.
Section 5. Benefits
5.01 Normal Retirement
(a) Normal Retirement Date
1) Except as otherwise provided in this subsection (a), the
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normal retirement date shall be the first day of the calendar month
coincident with or next following the attainment of age fifty-five (55)
and completion of five (5) or more years of creditable service.
2) Notwithstanding the provisions of paragraph (1), above, the
normal retirement date of a Member who became a member of the
Unclassified System prior to October 18, 1992 and was
continuously a member of the Unclassified System from that date
until March 18, 2006, shall be the first day of the calendar month
coincident with or next following the attainment of age fifty (50) and
completion of five (5) or more years of creditable service.
3) Notwithstanding the provisions of paragraph (1), above, the
normal retirement date for Members in classifications within the
CWA (MBEBA) bargaining unit who entered the service of the City
prior to February 21, 1994 and who were Members of the Classified
Plan continuously from that date until March 18, 2006, shall be the
first day of the calendar month coincident with or next following the
attainment of age 50 and completion of five (5) or more years of
creditable service.
4) Notwithstanding the provisions of paragraph (1), above, the
normal retirement date for Members in classifications within the
AFSCME bargaining unit who entered the service of the City prior
to April 30, 1993 and who were Members of the Classified Plan
continuously from that date until March 18, 2006, shall be the first
day of the calendar month coincident with or next following the
attainment of age fifty (50) and completion of five (5) or more years
of creditable service, until a collective bargaining agreement is
ratified that provides a normal retirement date in accordance with
paragraph (1), above.
5) Notwithstanding the provisions of paragraph (1), above, the
normal retirement date for Members in classifications within the
GSA bargaining unit or any Employee classified as "Other" who
entered the service of the City prior to August 1, 1993 and who
were Members of the Classified Plan continuously from that date
until March 18, 2006, shall be the first day of the calendar month
coincident with or next following the attainment of age fifty (50) and
completion of five (5) or more years of creditable service, until a
collective bargaining agreement is ratified that provides a normal
retirement date in accordance with paragraph (1), above.
6) Notwithstanding the provisions of paragraph (1), above, the
normal retirement date for Members in classifications within the
AFSCME bargaining unit who entered the service of the City after
on orApril 30, 1993, and Members in classifications within the GSA
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(b)
bargaining unit who entered the service of the City on or after
August 1, 1993, shall be the first day of the calendar month
coincident with or next following the attainment of age sixty (60)
and the completion of ten (10) or more years of creditable service,
until a collective bargaining agreement is ratified that provides a
normal retirement date in accordance with paragraph (1), above.
7) Upon attainment of the Member's normal retirement date as
provided for in this subsection (a). the Member's benefits under this
Plan shall be fullv vested and nonforfeitable.
Normal Retirement Benefit
1) Except as othenrise provided in this subsection (b), the
normal retirement benefit shall be payable to a Member on or after
the normal retirement date in an amount equal to three percent
(3%) of final average monthly earnings multiplied by creditable
service, up to a maximum of eighty percent (80%) of final average
monthly earnings.
2) Notwithstanding the provisions of paragraph (1) above, the
normal retirement benefit payable to Members in classifications
within the AFSCME bargaining unit who entered the service of the
City prior to April 30, 1993 and who were Members of the Classified
Plan continuously from that date until March 18,2006, shall be
three percent (3%) of final average monthly earnings multiplied by
creditable service for the first fifteen (15) years of such service, and
four percent @%) of final average monthly earnings multiplied by
creditable service for each year in excess of fifteen (15), to a
maximum of ninety percent (90%) of final average monthly
earnings.
3) Notwithstanding the provisions of paragraph (1), above, the
normal retirement benefit payable to Members in classifications
within the CWA (MBEBA) bargaining unit who entered the service
of the City prior to February 21, 1994 and who were Members of
the Classified Plan continuously from that date unti! March 18,
2006, shall be three percent (3%) of final average monthly earnings
multiplied by creditable service for the first fifteen (15) years of such
service, and four percent (4%) of final average monthly earnings
multiplied by creditable service for each year in excess of fifteen
(15), to a maximum of ninety percent (90%) of final average
monthly earnings.
4) Notwithstanding the provisions of paragraph (1), above, the
normal retirement benefit payable to Members in classifications
within the GSA bargaining unit or any Employee classified as
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333
"Other" who entered the service of the City prior to August 1 , 1993
and who were Members of the Classified Plan continuously from
that date until March 18, 2006, shall be three percent (3%) of final
average monthly earnings multiplied by creditable service for the
first fifteen (15) years of such seryice, and four percent (4o/o) of final
average monthly earnings multiplied by creditable service for each
year in excess of fifteen (15), to a maximum of ninety percent
(90%) of final average monthly earnings.
5) Notwithstanding the provisions of paragraph (1), above, the
normal retirement benefit payable to a Member who became a
member of the Unclassified System prior to October 18, 1992 and
was continuously a member of the Unclassified System from that
date until March 18, 2006, shall be four percent (4o/o) of final
average monthly earnings multiplied by creditable service prior to
that date, and three percent (3%) of final average monthly earnings
multiplied by creditable service after that date, up to a maximum of
eighty percent (80%) of final average monthly earnings.
Notwithstanding any other provision of this Plan, in determining the
normal retirement benefit payable to Unclassified Employees,
earnings sha!! be as defined in Section 2.11 except that annual
payments for unused leave (excluding annua! or sick leave) shall
be included.
6) Notwithstanding the provisions of paragraph (1), above, the
normal retirement benefit payable to a Member who has served as
an Elected Official, City Manager or City Attorney shall be four
percent (%) of final average monthly earnings multiplied by the
number of years of creditable service as an Elected Official, City
Manager or City Attorney; and the percentage rate in effect under
the Classified System, Unclassified System or this Plan, as
applicable, for any other periods of City employment multiplied by
the number of years of creditable service in such employment; up
to a maximum of eighty percent (80%) of final average monthly
earnings. Notwithstanding any other provision of this Plan, in
determining the benefit payable under this paragraph (6), earnings
as an Elected Official, City Manager or City Attorney shall include
totalW-2 compensation plus any other payments or allowances, up
to the limitations set forth in Section a01(a)(17) of the lnternal
Revenue Code and regulations promulgated thereunder.
Notwithstanding any other provision of this Plan, the normal
retirement benefit payable to a Member who has served as an
Elected Official and is subsequently employed, without a break in
service, by the City in another position as a member of this Plan for
a period of at least five additional years, shall be equal to the sum
of the retirement allowance payable based on the member's
creditable service and final average monthly earnings as an Elected
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Official, plus the retirement allowance payable based on the
member's creditable service and final average monthly earnings for
the period of employment subsequent to service as an Elected
Official, up to a maximum of eighty percent (80%) of final average
monthly earnings during employment subsequent to service as an
Elected Official. In the event a Member who has served as an
Elected Official and is subsequently employed, without a break in
service, by the City in another position as a member of this Plan for
a period of less than five additional years, such Member shall not
be entitled to a benefit from this Plan for the period of employment
subsequent to service as an Elected Official, but shall be entitled to
a refund of accumulated employee contributions for such period of
service.
5.02 Early Retirement
(a) Any Member who was a member of the Classified System and
became a Member of this Plan on March 18, 2006, may retire prior to the
normal retirement date and receive an early retirement benefit in
accordance with this Section 5.2. To be eligible for an early retirement
benefit, such Member must have attained age fifty (50), and the sum of
the Member's attained age (last birthday) and complete years of creditable
service must not be less than seventy-five (75). The early retirement
benefit shall commence on the first day of the calendar month next
following receipt of written application therefor by the Board.
(b) The early retirement benefit shall be the actuarial equivalent of a
deferred benefit commencing on the Member's normal retirement date and
computed in accordance with Section 5.1 on the basis of final average
monthly earnings and creditable service as of the date of retirement.
5.03 Partial Lump Sum Distribution.A Member who terminates City
employment and retires on or after the normal retirement date and on or after
March 18, 2006, shall have the option of receiving up to twenty-five percent
(25%o) of the actuarial value of his/her normal retirement allowance in a lump sum
distribution. For example, if a member's normal retirement allowance is $2,000
per month, the Member may elect to receive, in lieu of such monthly benefit, a
monthly benefit in the amount of $1,500 per month plus a single lump sum
distribution equal to the actuarial value of the other $500 monthly benefit. The
lump sum distribution shall be calculated using the same discount rate, mortality
rates and other assumptions and cost methods used in the most recent actuarial
valuation report for the Plan. The partial lump sum distribution option is
available only to Members who are eligible for a normal retirement allowance,
and is not available in connection with any other benefit payable under the Plan.
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5.04 Vested Retirement Allowance
(a) Any Member who was a member of the Unclassified System and
became a Member of this Plan on March 18, 2006, with five or more years
of creditable service and whose service with the City is terminated prior to
the normal retirement date, shall be eligible for a refund of accumulated
employee contributions; or the member may elect to not receive the refund
but instead, in lieu of a refund of accumulated employee contributions,
apply for a vested retirement allowance in accordance with this Section
5.4.
(b) Any Member who was a member of the Classified System and
became a Member of this Plan on March 18, 2006, whose service with the
City is terminated voluntarily or involuntarily, prior to the date as of which
he would first become eligible for retirement on a normal or early service
retirement allowance shall be entitled, in lieu of a refund of his
accumulated employee contributions, to apply for a vested retirement
allowance in accordance with this Section 5.04.
(c) The vested retirement allowance payable under this Section 5.4
shall be a deferred allowance commencing on the earliest date as of
which a Member, with the years of creditable service upon termination of
employment, would first be eligible for normal retirement benefits, and
shall be equal to the amount computed in accordance with Section 5.1 on
the basis of the Member's final average monthly earnings and creditable
service at the time of termination, and the Member's age as of the date on
which payment of the allowance commences.
5.05 DisabilityRetirementAllowance
(a) Upon the written application of a Member or the City Manager, a
Member who has five (5) or more years of creditable service may be
retired by the Board on an ordinary disability retirement allowance on the
first day of a calendar month next following the granting of such
application; provided that the Physical Examiners, after a medical
examination of such Member, shall certify that the member is totally
incapacitated, mentally or physically, for the further performance of duty,
that such incapacity is not the result of habitual use of narcotics or alcohol,
misconduct, service in the Armed Forces, self-inflicted injury or disability
sustained through other employment, that such incapacity is likely to be
permanent and that such Member should be retired.
(b) Upon the written application of a Member or the City Manager, any
Member who has been totally and permanently incapacitated for the
performance of his duties as the natural and proximate result of an
accident occurring while in the actual performance of duty at some definite
time and place, without willful negligence on the member's part, may be
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336
retired by the Board on a Service-connected disability retirement
allowance, and not on an ordinary disability retirement allowance, on the
first day of a calendar month next following the execution and granting of
such application; provided that the Physical Examiners, after a medical
examination of the Member, shall certify that the member is totally
incapacitated, mentally or physically for the further performance of duty,
that such incapacity is likely to be permanent and that he should be
retired.
(c) The disability retirement allowance payable to a Member retiring
under the provisions of this Section 5.05 shall be an amount computed as
a normal retirement benefit in accordance with Section 5.01, on the basis
of the Member's final average monthly earnings and creditable service at
the time of disability retirement; provided, that the amount of such
allowance shall be modified in accordance with the following subsections
(d) and (e).
(d)
1) The allowance payable to a disability Retirant prior to the
normal retirement date shall not be less than thirty-five percent
(35%) of his final average monthly earnings as of the date of
disability if an ordinary disability retirement allowance is payable,
and not less than sixty-five percent (65%) of such final average
monthly earnings if a service connected disability retirement
allowance is payable. Notwithstanding the foregoing, for Members
who are in classifications within the AFSCME bargaining unit and
who entered the service of the City prior to April 30, 1993, Members
who are in classifications within the CWA bargaining unit and who
entered the service of the City prior to February 21, 1994, Members
who are in classifications within the GSA bargaining unit and who
entered the service of the City prior to August 1, 1993, and
Members who are classified as "Other" who entered the service of
the City prior to August 1, 1993, the minimum service connected
disability retirement allowance payable prior to such member's
normal retirement date shall be seventy-five percent (75Yo) of such
final average monthly earnings.
2) The allowance payable to a disability Retirant after the
normal retirement date shall be an amount computed as a normal
retirement benefit on the basis of the final average monthly
earnings and number of years of creditable service the Member
would have had if he had continued in service without interruption
until the normal retirement date at the maximum rate of pay in
effect at the time of his retirement for the classification from which
the Member retired, provided that such allowance shal! not exceed
the amount payable to the Member as a disability retirement
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allowance prior to the normal retirement date and shall not be less
than the normal retirement benefit at the normal retirement date.
"Normal retirement date" as used in this Section 5.05 means the
date determined in accordance with Section 5.01(a) on the
assumption that the period of disability retirement is deemed to be
active service as an Employee for this purpose.
(e) Any amounts which may be paid or payable on account of disabirityto the Member or the Member's dependents under the workers'
compensation Act, exclusive of fixed statutory payments for the loss of
any bodily member, shall be offset against and payable in lieu of that part
of the disability retirement allowance provided under the Plan for the same
disability, in such equitable manner as the Board shall determine.
(f)
1) During the period of disability retirement prior to the normat
retirement date, the Retirant's annual earnings from employment
(including self-employment) shall not exceed an amount which,
when added to the disability retirement allowance payments
received by him, would result in a combined earned income of one
hundred twenty-five percent (125o/o) of the maximum current salary
for the classification from which the member retired if he is
receiving a service-connected disability retirement allowance, or
one hundred percent (100%) of such maximum salary if he is
receiving an ordinary disability retirement allowance; othenrise
payments of the disability retirement allowance shall be withheld to
the extent that the combined earned income exceeds the maximum
permissible amount. The Member must agree at the time of
disability retirement, before any benefits are paid under the pran, to
furnish annually to the Board, before May 1 of each year, a copy of
the Member's Federal lncome Tax return for the prior year, and any
other information which the Board may require. When the
Retirant's combined earned income exceeds the maximum
permissible amount determined on the basis of the maximum salary
as of January 1 of the prior year for the classification from which the
Member retired, future payments of the disability retirement
allowance shall be withheld until the total sum withheld equals the
amount by which the Member's combined earned income for theprior year exceeded the maximum permissible amount.
Restrictions on earnings shall not be applicable after the Retirant's
normal retirement date.
2) Notwithstanding the provisions of paragraph 1, above, any
member of the classified system who became a Member of this
Plan on or after March 18,2006, and who retires on a disabirity
retirement on or after July 1, 1995, shall be subject to the benefit
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adjustments in this paragraph 2. During the period of such
Member's disability retirement, the Retirant's annual earnings from
employment (including self-employment) shall not exceed an
amount which, when added to the disability retirement allowance
payments received by him, would result in a combined earned
income of two hundred percent (200Yo) of the maximum current
salary for the classification from which the Member retired if the
Member is receiving a service-connected disability retirement
allowance, or one hundred percent (100%) of such maximum salaryif the Member is receiving an ordinary disability retirement
allowance; otherwise payments of the disability retirement
allowance shall be withheld to the extent that the combined earned
income exceeds the maximum permissible amount. The Member
must agree at the time of his disability retirement, before any
benefits are paid under the Plan, to furnish annually to the Board,
before May 1 of each year, a copy of the Member's Federal lncome
Tax return for the prior year, and any other information which the
Board may require. When the Retirant's combined earned income
exceeds the maximum permissible amount determined on the basis
of the maximum salary as of January 1 of the prior year for the
classification from which the Member was retired, future payments
of disability retirement allowance shall be withheld until the total
sum withheld equals the amount by which the Member's combined
earned income for the prior year exceeded the maximum
permissible amount.
3) The term "earned income" shall be defined by Section
a3(c)(2) of the lnternal Revenue Code to mean wages, salaries,
tips, and other employee compensation, plus the amount of the
taxpayer's net earnings from self-employment for the taxable year
(within the meaning of Section 1402(a) of the lnternal Revenue
Code).
(g) Any Retirant who is receiving a disability retirement allowance shall
be subject, prior to the normal retirement date, to re-examination by the
Physical Examiners either upon request of the Retirant. The Board or the
City Manager, and the Physical Examiners shall report their conclusions
as to the continuance of the incapacity. ln the event that such disability
shall not continue to incapacitate the Retirant for service acceptable to the
City, in accordance with requirements of the Human Resources
Department, the City Manager may require that such Retirant be returned
to active duty at work which is the same or of similar nature to the work he
performed prior to his incapacity, or returned to other work within the limits
of his mental or physical capacities, at a rate of compensation not less
than seventy percent (70%) of the pay to which he would have been
entitled at the time of the Member's return to active service for the grade of
service occupied by the Retirant prior to incapacity. Upon any such return
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to active duty, the Retirant shall be restored to service as a Member, the
disability retirement allowance shall be terminated, the Member shall
resume contributing to the Plan based on the earnings received upon
reemployment, and the period during which the member was receiving a
disability retirement allowance shall be included in creditable service for all
purposes of the Plan.
(h) If any Retirant in receipt of a disability retirement allowance is found
by the Physical Examiners, prior to the normal retirement date, to be no
longer incapacitated but is not restored to service as a Member because
of the member's own refusal to accept employment offered in accordance
with the foregoing paragraph, the disability retirement allowance shall be
terminated, and the period during which the member was receiving a
disability retirement allowance shall in no event be added to the creditable
service acquired prior to the incapacity.
5.06 Active Service Death Benefits
(a) Upon receipt of evidence, satisfactory to the Board, of the death of
a Member who has three (3) or more years of creditable service, a
monthly pension shall be paid to the surviving spouse or domestic partner
of the deceased Member, provided that said spouse had been married to
the Member, or the domestic partnership has been registered for at least
one (1) year immediately prior to the date of his death. lf there is no
surviving spouse or domestic partner entitled to such pension, the pension
shall be paid to the dependent child or children of the deceased Member,
divided in such manner as the Board in its discretion shall determine, to
continue until every such child dies or attains twenty-one (21) years of
age.
(b) The monthly pension payable to the person or persons entitled
thereto in accordance with the subsection (a), above, shal! be equal to
one-half of the amount computed as a normal service retirement
allowance in accordance with Section 5.01, as though the date of the
Member's death were the normal retirement date, on the basis of the
Member's final average monthly earnings and creditable service at the
time of death; provided that, for members of the Classified System who
became members of this Plan on March 18,2006, such pension shall not
be less than thirty percent (30%) nor more than forty percent (40Yo) of final
average monthly earnings; further provided that, in the case of a person
who became a Member of the Classified System prior to November
1,1976, if the Accumulated Employee Contributions credited to the
Member at the time of death are less than would have been credited to
him if he had contributed at the rate of six per centum (6%) of his earnings
from the time he became a participant under the predecessor system
governed by Ordinance No. 845, the pension computed in accordance
with the foregoing provisions of this paragraph shall be reduced by half of
230049441 5 - 2
340
the amount by which the retirement allowance of the deceased Member
would have been reduced if he were retiring on a normal or early service
retirement allowance as of the date of his death; and further provided that,
if the pension is payable to a spouse or domestic partner who is more than
fifteen (15) years younger than the Member, the pension shall be reduced
to an amount which is the actuarial equivalent, of the pension payable to
the spouse if said spouse or domestic partner were exactly fifteen (15)
years younger than the deceased Member. ln the event of the death of
the spouse or domestic partner after pension payments have commenced,
a pension computed in accordance with the foregoing sentence but prior
to any reduction because of the difference in the ages of the deceased
Member and the surviving spouse or domestic partner shall be paid to the
dependent child or children of the deceased Member under twenty-one
(21) years of age, divided in such manner as the Board in its discretion
shall determine, until every such child dies or attains twenty-one (21)
years of age.
5.07 Death Benefits after Retirement
(a) Upon receipt of evidence, satisfactory to the Board, of the death of
a Retirant, a monthly pension shall be payable to the surviving spouse or
domestic partner of the deceased Retirant, provided that the spouse had
been married to the Retirant or the domestic partnership was registered
on the date of retirement or termination of service, whichever occurred
first, and for a least one (1) year prior to such date; and further provided,
that if the Retirant had elected an option in accordance with Section 5.09
which was in effect at the time of his death, monthly benefits shall be
continued after his death, in lieu of benefits under this Section 5.07, in
accordance with the option.
(b) The monthly pension payable to the surviving spouse or domestic
partner of a deceased Retirant pursuant to the foregoing paragraph of this
Section 5.07 shall be equal to fifty percent (50%) of the retirement
allowance which would have been payable to the deceased Retirant if the
Retirant had been alive at the time of the monthly payment; provided, that,
if the surviving spouse or domestic partner is more than fifteen (15) years
younger than the deceased Retirant, such monthly pension shall be
reduced to an amount which is the actuarial equivalent of such pension for
a spouse exactly fifteen (15) years younger than the deceased Retirant.
(c) lf any such deceased Retirant is not survived by a spouse or
domestic partner entitled to a pension in accordance with the foregoing
paragraphs of this Section 5.07, or if the death of such a spouse or
domestic partner occurs after pension payments have commenced in
accordance with the foregoing paragraph, the pension which would
othenruise have been payable to a surviving spouse or domestic partner
eligible therefor and not more than fifteen (15) years younger than the
oo4948'7 5 - 2 24
341
deceased Retirant shall be payable to the dependent child or children of
the said deceased Retirant, if any, divided in such manner as the Board in
its discretion shall determine, to continue until every such child 1) marries
or dies, or 2) attains eighteen (18) years of age or twenty-two (22) years of
age in the case of a child who is a fulltime student in high school or
college; provided that in the case of a physically or mentally disabled child,
the pension shall continue until the child recovers from the disability. As
used in this paragraph, a "physically or mentally disabled child" is one who
1) is unmarried, 2) is entitled to and receives a child's disability benefit
based upon determination by the Social Security Administration that the
child is unable to do any substantial gainful activity by reason of any
medically determinable physical or mental impairment which can be
expected to result in death or which has lasted or can be expected to last
for a continuous period of not less than twelve (12) months and 3) was
suffering from such impairment prior to attaining eighteen (18) years of
age (or twenty-two (22) years of age in the case of a child who was a full
time student in high school or college. Notwithstanding the foregoing, only
children who were dependent beneficiaries of the Retirant on the date of
retirement or termination of service, whichever is first, shall be eligible for
a pension under this paragraph.
(d) lf there are no pension benefits payable to a surviving or domestic
partner, child or children pursuant to paragraphs (a), (b) or (c) above, then
the aforementioned pension shall be paid to the dependent parent, if any,
of the deceased member. lf both parents are dependent, such benefit
shall be shared equally between them.
(e) Notwithstanding any provision of this Section 5.07 to the contrary,
in the event that an optional benefit had been elected by a Retirant in
accordance with Section 5.07, and such election is in effect at the time of
the Retirant's death, monthly benefits, if any, shall be payable after death
to the person designated as the contingent annuitant in accordance with
the optional election, and no benefits shall be payable as a result of the
death of the Retirant under this Section 5.07.
5.08 Death Benefits for Death Durinq Qualified Military Service. ln the case of
a death or disabilitv occurrinq on or after Januarv 1, 2007, if a Member dies while
performino qualified military service (as defined in Section 414(u) of the lnternal
Revenue Code). the survivors of the Member are entitled to any additional
benefits (other than benefit accruals relatins to the period of qualified militarv
service) provided under the Plan as if the Member had resumed and then
terminated emplovment bv the City on account of death.
5.09ffi
(a)
0049487 5-2
Optional Benefits
ln Iieu of the normal or early retirement benefits provided in
25
342
Sections 5.01 and 5.02, above, a Member may elect to receive an optional
benefit under this Section 5.09. The optional benefit is the actuarial
equivalent of the Member's normal or early retirement benefit. lf the
member's written election of an optional benefit is received by the Board at
least thirty (30) days prior to the date of commencement of retirement
benefits, the election of the optional benefit shall become effective on the
date the retirement benefit commences. lf such election is received by
the Board at any later date it shall become effective thirty (30) days after
the date the retirement allowance commences.
(b) A Member who elects an optional benefit must designate a
contingent annuitant to receive a benefit following the Member's death. A
Member may designate his/her spouse, domestic partner, child or any
other person who is shown, on the basis of evidence satisfactory to the
Board, to be dependent upon or receiving substantial support from the
Member, as the contingent annuitant; provided, if the contingent annuitant
is a minor child, the retirement benefit shal! not be payable under the
option after the death of the Member after the minor child attains twenty-
one (21) years of age. lf the designated contingent annuitant is the
Member's spouse or domestic partner on the date of retirement or
termination of service, whichever occurred first, and for at least one (1)
year prior to such date, the monthly benefit payable under the option to
the Member and the surviving contingent annuitant shall be the actuarial
equivalent of the benefit which would have been payable in the absence of
the member's election to receive an optional benefit, as a retirement
benefit to the Member after retirement and as a pension after the
Member's death to the surviving spouse or domestic partner in
accordance with Section 5.07; othenryise, the monthly benefit payable
under the option shall be the actuarial equivalent of the retirement
allowance payable only to the Member after retirement and prior to the
election of an optional benefit.
(c) The election of an optional benefit may not be revoked or changed
by the Member but, if the Member or the contingent annuitant designated
under the option dies prior to the date the option becomes effective, the
election shall thereby be revoked.
(d) A member may elect one of the following optional benefits:
Option 1. A reduced retirement benefit payable during the Member's life,
and after the Member's death the same monthly benefit shall be paid to
the Member's contingent annuitant for the contingent annuitant's lifetime;
or
Option 2. A reduced retirement allowance payable during the Member's
life, and after the member's death an allowance equal to two-thirds (2/3) of
the Member's reduced monthly allowance shall be paid to the contingent
26
343
annuitant for the contingent annuitant's lifetime.
5.105S9 Refund of Accumulated Employee Contributions
(a) A Member may elect in writing, in a form and manner determined
by the Board, upon ceasing to be an Employee for any cause other than
retirement or death, to receive in one sum the Accumulated Employee
Contributions credited to the Member.
(b) Upon receipt of a refund of accumulated employee contributions, al!
creditable service shall be canceled, such creditable service shall not be
reinstated if the Member is reemployed by the City in the future, and the
Member shall be considered a new Member as of the date of
reemployment.
(c) Upon receipt of evidence satisfactory to the Board, of the death of a
Member prior to the commencement of retirement benefits, with no
surviving spouse, domestic partner or dependent children entitled to
receive a pension as provided in Section 5.05, the amount of the
Member's Accumulated Employee Contributions at the time of death shall
be payable in one sum to the Member's designated beneficiary if living,
othenrise to such Member's estate.
(d) Upon receipt of evidence satisfactory to the Board, of the death of a
Retirant who is not survived by a spouse, domestic partner or dependent
children entitled to a pension in accordance with Section 5.07, provided
the Member has not elected an optional benefit that has become effective,
any excess of Accumulated Employee Contributions at retirement over the
sum of the retirement benefit payments received shall be paid in one sum
to the Member's designated beneficiary if living, otherwise to such
Member's estate.
(e) Upon receipt of proof satisfactory to the Board, of the death of the
survivor of a Retirant and the contingent annuitant under an option, if an
option has been elected and has become effective, any excess of the
Retirant's Accumulated Employee Contributions at the time of retirement
over the sum of the benefit payments received shall be paid to the
Retirant's beneficiary if living, otherwise to the estate of the survivor of
such Retirant and contingent annuitant.
(f) Upon receipt of proof satisfactory to the Board, that no further
benefits are payable as the result of the death of a Member prior to the
commencement of any retirement benefit, the excess, if any, of the
Accumulated Employee contributions at the time of his death over the
benefit payments received by the Member's spouse or domestic partner
and dependent children shall be paid in a single sum to the Member's
0049487s-2 27
344
designated beneficiary if living, othenruise to such Member's estate.
(g) Upon receipt of proof satisfactory to the Board, that no further
benefits are payable as the result of the death of a Retirant, the excess of
the Retirant's Accumulated Employee Contributions at retirement over
benefit payments received by the Retirant, the Retirant's spouse or
domestic partner and dependent children shall be paid in one sum to the
Retirant's designated beneficiary if living, otherwise to such Retirant's
estate.
(h) A Member's beneficiary for receipt of the single sum payments in
accordance with this Section 5.10 must have been designated by the
Member in writing and filed with the Board prior to the member's death. A
Member may designate more than one beneficiary for this purpose;
provided that in such event the Member must specify the manner in which
payments to the multiple beneficiaries shall be allocated, The Member
may also designate alternate beneficiaries with a specified order or
priorities for entitlement to single sum payments in the event of death. A
Member may change the designated beneficiary or beneficiaries by similar
written designation. A designation, revocation or change of the contingent
annuitant under an optional benefit may be made only as provided in
Section 5.09.
5.115J0 Post RetirementAdjustments
(a) The benefits payable to Retirants and Pensioners on the effective
date of Ordinance 2006-3504, March 18, 2006, and the benefits
commencing in accordance with Ordinance 2006-3504 on or after such
date shall be continued without change except as increased in accordance
with this Section 5.1't
(b) "lmprovement Factor" for the purpose of this Section 5.11 means
an increase of two and one-half percent (2.5o/o) per annum in retirement
allowances or pensions for each year commencing on October 1 following
the completion of 364 days after the commencement date of the
retirement allowance or, if applicable to pensions payable as the result of
the death of a Member prior to his retirement, one full year after the
commencement date of the pension. The lmprovement Factor shall be
compounded, and shall be applied to the retirement allowance or pension
payable as the result of the retirement, termination or death of a Member,
whichever is applicable.
(c) The return of a disability Retirant to employment with the City prior
to the normal retirement date in accordance with Section 5.05(9) shall be
governed by said Section 5.05(g). Return of such a person to
employment with the City after the normal retirement date, as defined in
Section 5.01(a), or after the date as of which he ceased to be entitled to a
280049441 5-2
345
disability retirement allowance pursuant to Section 5.05(h) shall be
governed by the provisions of Paragraph (a) or (b) of this Section 5.11,
whichever is applicable at the time of such return.
(d) Upon the death of a Retirant, the pension payable thereafter to his
dependent beneficiary shall be based on the retirement allowance payable
as of the date of such death, including the benefit improvements granted
in accordancewith this Section 5.11, and on each October 1 subsequent
to such death the lmprovement Factor shall be applied to the then-current
retirement allowance.
5.125'!-+ Return to Active Service
(a) !f a former Member who is entitled to a vested retirement allowance
not yet payable returns to service with the City as an Employee before
such allowance has become payable, he shall again become a Member,
but benefits payable with respect to earnings and creditable service after
the Member's reemployment shall be based on the provisions applicable
to a Member whose employment with the City commences on the date of
reemployment. He shall contribute to the Plan at the rate required,
pursuant to Section 6.02, of Employees who become Members for the first
time. Creditable service rendered before and after the Member's return to
service shall be considered for the purpose of determining the benefit
payable; provided, in the event of the Member's subsequent termination of
employment for reasons other than death or retirement, only creditable
service rendered after reemployment shall be considered for the purpose
of determining entitlement to a vested retirement benefit based on service
rendered after reemployment. Upon subsequent retirement, the Member's
retirement benefit shall be equal to the sum of the amounts computed on
the basis of final average monthly earnings and creditable service with
respect to each period of service as an Employee; provided that the
retirement allowance shall not exceed the retirement allowance which
would have been payable if creditable service had been one period of
continuous service.
(b) Should a Retirant, other than a disability Retirant restored to
service in accordance with Section 5.05(h). be employed by the City as an
Employee, such Member's retirement benefit shall cease and the Member
shall again become a Member of the Plan, but benefits payable with
respect to the Member's earnings and creditable service after
reemployment shall be based on the provisions applicable to a Member
whose employment with the city commences on the date of
reemployment. The Member shall contribute at the rate required,
pursuant to Section 6.02, of Employees who become Members for the first
time. An amount equal to the excess, if any, of the Member's
Accumulated Employee Contributions at the time of his retirement over the
amount of retirement benefits received shall be credited as Accumulated
29oo49481 5-2
346
Employee Contributions as of the date of reemployment. Creditable
service rendered before and after reemployment shall be considered for
the purpose of determining entitlement to a normal or early service
retirement allowance upon subsequent retirement. Upon subsequent
retirement, the Member's retirement allowance shall be equal to the sum
of the retirement allowance payable during the previous retirement,
adjusted actuarially, if reemployment is prior to the normal retirement
date, for the period from the date of reemployment to the date of
subsequent retirement or normal retirement date, whichever occurs first,
plus the amount computed as a retirement allowance on the basis of final
average monthly earnings and creditable service for the period after the
last date of reemployment; provided that the total retirement benefit shall
not exceed the retirement allowance which would have been payable if all
years of creditable service had been a continuous period. lf an option had
been elected and in effect at the time of reemployment, the option shall
continue to be in effect after reemployment, with respect to the retirement
benefit payable prior to reemployment.
(c) The return of a disability Retirant to employment with the City prior
to the normal retirement date in accordance with Section 5.05(9) shall be
governed by said Section 5.05(9). Return of such a person to
employment with the City after the normal retirement date, as defined in
Section 5.05, or after the date as of which he ceased to be entitled to a
disability retirement allowance pursuant to Section 5.05(h) shall be
governed by the provisions of Paragraph (a) or (b) of this Section 5.12,
whichever is applicable at the time of such return.
(d) Should a Pensioner be employed by the City in any capacity for
which regular compensation is paid, the Pension shall cease to be paid to
said Pensioner for the period of such employment, and such person shall
be subject to the provisions of this Ordinance as any other person
employed by the City. Upon termination of such employment, such
person shall elect to receive either the benefit to which he was previously
entitled as a Pensioner if still eligible therefore or the benefit, if any, to
which he is otherwise entitled on the basis of his membership in this Plan.
Effeetive Oeteber 27; 2007; a veluntary early retirement ineentive pregram
(ERIP) shall be established in aeeerdanee with the fellewing terms, The ERIP
Vears et ereAitaU
terminate City empleyment and retire after all ERIP eligibility requirements, but
30
347
5.13 A deferred retirement option plan (DROP) is hereby established for eligible
members as follows:
(a) Eligibility and participation:
1) A Member who attains the normal retirement date shall be
eligible to participate in the DROP.
2) A Member's election to participate in the DROP shall be
irrevocable. A Member may participate in the DROP only once.
3) An eligible Member may participate in the DROP for a
maximum of thirty-six (36) months. Notwithstanding the preceding
sentence:
(a) Effective July 17,2013, Members within classifications in
the CWA bargaining unit, who were hired prior to October 27,
2010, and Members not included in any collective bargaining
unit, who were hired prior to September 10, 2010, may
participate in the DROP for a maximum of sixty (60) months.
(b) Effective October 1, 2013, Members within classifications
in the GSAF bargaining unit, who were hired prior to July 14,
2010, may participate in the DROP for a maximum of sixty
(60) months.
4) An eligible Member who elects to participate in the DROP
must provide at least thirty (30) days' advance written notice to the
City of his or her election to participate in the DROP. A Member
who elects to participate in the DROP may elect to terminate DROP
participation and City employment sooner than the maximum
DROP period, with thirty (30) days' advance written notice to the
City.
5) Effective July 17, 2013, any Member within classifications in
the CWA bargaining unit, and any Member not included in any
collective bargaining unit, who previously executed an election form
entitling him/her to participate in the DROP for a period of less than
sixty (60) months and whose DROP period ceases between July 1,
2013 and July 16,2016, shall have a one-time opportunity to submit
an irrevocable amended election from provided by the Board, within
thirty (30) calendar days following the effective date of this ordinance,
extending his or her DROP period to a maximum of sixty (60) months
in total. Effective October 16,2013, any Member within classifications
31
348
in the GSAF bargaining unit, who previously executed an election
form entitling him/her to participate in the DROP for a period of less
than sixty (60) months and whose DROP period ceases between
October 16, 2013 and October 15, 2016, shall have a one-time
opportunity to submit an irrevocable amended election from provided
by the Board, within thirty (30) calendar days following the effective
date of this ordinance, extending his or her DROP period to a
maximum of sixty (60) months in total. Effective April 23, 2014, any
Member within classifications in the AFSCME bargaining unit, who
previously executed an election form entitling him/her to participate in
the DROP for a period of less than sixty (60) months and whose
DROP period ceases between April 23, 2014 and April 22, 2015,
shall have a one-time opportunity to submit an irrevocable amended
election from provided by the Board, within thirty (30) calendar days
following the effective date of this ordinance, extending his or her
DROP period to a maximum of sixty (60) months in total.
(b) DROP plan features:
1) An eligible Member who elects to participate in the DROP will
be considered to have retired for purposes of the Plan upon entry
into the DROP, except that such Member shall be eligible to vote for
and serve as an Employee member of the Board of Trustees during
the DROP participation period. The Member's monthly retirement
benefit, determined in accordance with the Plan based on years of
creditable service and final average monthly earnings at the time the
Member enters the DROP, will be paid into the Member's DROP
account every month during the DROP period.
2) No Member contributions shall be required after a Member
enters the DROP, and the Member will not accrue any additional
creditable service or any additional benefits under the Plan after
entering the DROP. No City normal cost contributions shall be
required after a Member enters the DROP and DROP participants
shall be excluded from the covered payroll for the Plan.
3) A Member who elects to participate in the DROP shall not be
eligible for disability or preretirement death benefits under the Plan;
nor shall a Member be eligible for any post retirement adjustment
provided in Section 5.11 during the DROP participation period.
4) A Member who elects to participate in the DROP shall retain
the earned balance of annual and sick leave as of the date of entry
into the DROP, and shall continue to earn annual and sick leave
during the DROP period, in accordance with applicable City
ordinances. Alternatively, at the time of entry into the DROP, a
Member may request full or partial payment of the earned balance of
32
349
annual and sick leave as of the date of entry into the DROP, up to the
maximum allowed by applicable City ordinances for employees who
terminate City employment, but reduced by the amount of annual and
sick leave used for the purchase of additional credited service under
Section 4.3, if any, at the Member's rate of compensation upon
entering the DROP; provided that the Member must retain at least 120
hours of accrued sick leave after any such payment. Upon termination
of City employment, a Member who has participated in the DROP
shall be eligible to receive payment for the earned balance of annual
and sick leave as of the date of termination, up to the maximum
allowed by applicable City ordinances for employees who terminate
City employment, but reduced by the amount of annual and sick
leave for which payment was received upon entry into the DROP, if
any; and further reduced by the amount of annual and sick leave
used for the purchase of additional credited service under Section
4.3, if any. ln no event shall payments for accrued annual or sick
leave be included in a member's Earnings for purposes of the Plan.
5) As a condition of participating in the DROP, the Member
must agree to terminate City employment at the conclusion of the
DROP period, and to submit an irrevocable letter of resignation
stating this prior to entering the DROP. A Member who elects to
participate in the DROP must also submit an irrevocable written
DROP election prior to entering the DROP on a form provided by
the Board. Notwithstanding the preceding sentence:
(a) Eligible Members who are participants in the DROP on July 1,
2013, shall be given a one-time opportunity to submit an
irrevocable amended election form, as provided in Section 5.13 (a)
5., extending the DROP period to a maximum of sixty (60) months
in total.
(b) Eligible Members who are participants in the DROP on October
1, 2013, shall be given a one-time opportunity to submit an
irrevocable amended election form, as provided in Section 5.13 (a)
5, extending the DROP period to a maximum of sixty (60) months in
total. Notwithstanding the preceding sentence, eligible Members
whose classifications are covered by the AFSCME bargaining unit
who are participants in the DROP on April 23,2014, shall be given
a one-time opportunity to submit an irrevocable amended election
form, as provided in Section 5.13 (a) 5, extending the DROP period
to a maximum of sixty (60) months in total.
6) At the conclusion of the DROP period and upon termination
of City employment, the Member's monthly retirement benefit shall
be paid to the Member in accordance with the Plan. In the event of
33
350
the Member's death during or at the conclusion of the DROP
period, a benefit may be payable in accordance with Section 5.07.
7) Participation in the DROP is not a guarantee of City
employment, and DROP participants will be subject to the same
terms and conditions of employment that are applicable to
employees who are not DROP participants.
8) During participation in the DROP, the Member's monthly
retirement benefit will be paid into the DROP account, and shall be
credited/debited with earnings/losses as provided herein. The
Member may direct that their DROP account be invested in any of the
investment options approved by the Board, on forms provided by the
Board. Any gains on the Membe/s DROP account investments shall
be credited to the Member's DROP account; and any losses incurred
by the Member shall be deducted from the Member's DROP account
balance, and shall not be made up by the City or the Retirement Plan.
A Membe/s DROP account shall only be credited or debited with
earnings/losses while the Member is a participant in the DROP.
9) A DROP participant may designate a beneficiary or
beneficiaries for his/her DROP account on a form provided by the
Board.
10) Within thirty (30) days following a DROP participant's
termination of City employment or death, whichever occurs first, the
Member, or in the event of the Membe/s death the Member's
designated beneficiary, may submit a written election on a form
approved by the Board, to receive the Member's entire DROP
account balance, which shall be distributed to the Member (or in the
event of the Member's death, to the Member's designated
beneficiary or estate in accordance with paragraph (b)9., below) in
a cash lump sum, unless the Member elects to have all or any
portion of an eligible rollover distribution paid directly to an IRA or
eligible retirement plan specified by the Member in a direct rollover.
Any such direct rollover shall be processed in accordance with
Article 12 of the Plan. ln the event a Member or designated
beneficiary does not submit a written election to receive a
distribution of the Member's DROP account balance within thirty
(30) days following the Member's termination of City employment or
death, the Member's DROP account shal! be maintained by the Plan
but shall not be credited with earnings/losses after thirty (30) days
following the Member's termination of City employment or death.
11) lf a DROP participant dies before his or her DROP account
is distributed, the participant's designated beneficiary shall have
the same rights as the participant with respect to the distribution of
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351
the DROP account. lf the participant has not designated a
beneficiary, the DROP account balance shall be paid to the
Member's estate.
12) The Board of Trustees shall make such administrative rules
as are necessary for the efficient operation of DROP, but shall not
adopt any rule that is inconsistent with this Ordinance or the Plan.
13) The DROP shall be administered so that the Plan remains
qualified under the lnternal Revenue Service Code and in
compliance with applicable laws and regulations.
14)
ffi bargaining units whe are age 47 er elder and
have attained 25 er mere years ef ereditable serviee en er befere
ERIP eligibility requirements, but net later than January 25, 2008,
The ameunt ef the retirement benefit pa)'able te Members whe
Limit under Section 415(b) of the lnternal Revenue Code.
Notwithstandinq any other provisions of this Plan, the retirement
benefit of a Member shall be reduced to the extent that it exceeds
amounts soecified in Section 415(b) of the lnternal Revenue Code.
For purposes of the application of Section 415(b). each Member's
compensation shall be determined in accordance with Section
1.415(c)-2 and shall be defined as remuneration for services to the
City includinq waqes. salaries, fees for professional services and
other amounts for personal services actuallv rendered in the
course of employment with the Citv to the extent that such
amounts are included in gross income (or to the extent amounts
would have been received and includible in oross income but for
an election under lnternal Revenue Code section 125(a). 132(fl(4).
402(eX3), 402(hX1XB). 402(k) or 457(b)). and compensation in
excess of the limitations set forth in Section 401(aX1il of the
lnternal Revenue Code. and requlations promulqated thereunder,
shall be disreqarded.
35
352
Section 6. Financing
6.01 Assets of Predecessor System
(a) All moneys, investments and assets of the Classified System and
Unclassified System as of March 18, 2006 shall become assets of this
Plan as of such date.
(b) The amount credited to each member of the Classified System and
Unclassified System as "Accumulated Employee Contributions" as of
March 18, 2006 shall be credited to each such Member under this Plan on
such date as Accumulated Employee Contributions.
6.02 Contributions by Members
(a) Each Member shall contribute to the Plan eight percent (8%) of
earnings, except as otherwise provided in this Section 6.02.
Notwithstanding the preceding sentence, effective July 14, 2010 each
Member in a classification within the AFSCME an GSA bargaining units,
and each Unclassified and "Other" Member, shall contribute to the Plan
ten percent (10%) of earnings, except as otherwise provided in this
Section 6.02. Notwithstanding the first sentence of this subsection (a),
effective November 27, 2010, each Member in a classification within the
CWA (MBEBA) collective bargaining unit shall contribute to the Plan ten
percent (10Yo) of earnings except as othenrvise provided in this Section
6.02, and contingent on state approval of the actuarial impact statement
confirming a reduction in the City's annual required pension contribution
for fisca! year 2010-2011 associated with the pension changes contained
in the 2009-2012 CWA collective bargaining agreement of at least
$1,000,050. The contributions made by each Member to the Plan shall be
deducted from the Member's Earnings and designated as Employer
contributions pursuant to section 414(h) of the lnternal Revenue Code.
Such designation is contingent upon the contributions being excluded from
the Members' gross income for Federal lncome Tax purposes. For all
other purposes of the Plan, such contributions shall be considered to be
Member contributions.
(b) Notwithstanding subsection (a) above, all persons entering service
with the City prior to April 1, 1993 who are in the classifications within the
AFSCME bargaining unit; all persons entering service with the City prior to
February 21, 1994 who are in classifications within the CWA (MBEBA)
bargaining unit, and all persons entering service with the City prior to
August 1,1993 who are in classifications within the GSA bargaining unit or
classified as "Othe/' who were members of the Classified Plan
continuously from the date they entered service with the City until March
18,2006, shall contribute to the Plan ten percent (10o/o) of their earnings
throughout their service as a Member of this Plan. Notwithstanding the
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353
preceding sentence, effective July 14, 2010 each Member described in the
preceding sentence who is in a classification within the AFSCME or GSA
bargaining units shall contribute to the Plan twelve percent (12%) of
earnings; and effective January 18, 2010, each Member described in the
preceding sentence, classified as "Other" shall contribute to the Plan
twelve percent (12Yo) of earnings. Notwithstanding the first sentence of
this subsection (b), effective November 27,2010, each Member described
in the first sentence of this subsection (b) who is in a classification within
the CWA (MBEBA) bargaining unit shall contribute to the Plan twelve
percent (12o/o) of earnings, contingent on state approval of the actuarial
impact statement confirming a reduction in the City's annual required
pension contribution for fiscal year 2010-2011 associated with the pension
change as contained in the 2009-2012 CWA collective bargaining
agreement of at least $1,000,050.
(c) Notwithstanding subsection (a), above, Members of the
Unclassified System who entered service with the City prior to October 18,
1992, were continuously members of the Unclassified System from that
date until March 18, 2006, and who became Members of this Plan on
March 18, 2006, shall contribute to the Plan ten percent (10%) of their
earnings. Notwithstanding the preceding sentence, effective January 18,
2010, each Member described in the preceding sentence shall contribute
to the Plan twelve percent (12o/o) of earnings.
(d) Notwithstanding subsection (a), above, Members who are in
classifications within the CWA bargaining unit, members of the Classified
System who became Members of this Plan on March 18, 2006, and are
not in any bargaining unit, and members of the Unclassified System who
became Members of this Plan on March 18, 2006, who accrue the
maximum retirement benefit payable under the Plan and continue in City
employment, shall contribute to the Plan an amount equal to the
applicable percentage contribution in accordance with subsections (a), (b)
and (c), above, but such percentage shall be applied only to the amount of
earnings in excess of such Members' rate of earnings at the time the
member accrued the maximum retirement benefit payable under the Plan.
For example, if a Member with earnings of $2,000 each pay period attains
the maximum benefit percentage payable under the plan (80% or 90%,
depending on which cap applies to the member), the employee
contribution will cease until the member has earnings in excess of $2,000,at which time the Employee contribution would be 10o/o (or 12o/o,
depending on the contribution rate that is applicable) of the excess over
$2,000. lf the member's earnings increase to $2,500 per pay period, the
Member would contribute $50.00 (at the 10% contribution rate) each pay
period. The limitation on member contributions provided in this subsection
shall apply to Members in classifications within the AFSCME and GSA
bargaining units upon ratification of a collective bargaining agreement that
oo,rn,,,-,0'ovides
for such limitation'
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354
(e) Notwithstanding subsections (a) and (b) above, for members who
are in classifications within the AFCSME bargaining unit:
1) For Members hired prior to April 30, 1993, the employee
contribution shall be twelve percent (12Yo) of earnings effective July
14,2010 through April 30, 2013; ten percent (10%) of earnings
effective May 1 , 2013 through April 23, 2014; and twelve percent
(12o/o) of earnings effective April 23, 2014.
2) For Members hired on or after April 30, 1993 and before
September 30, 2010, the employee contribution shall be ten
percent (10%) of earnings effective July 14, 2010 through April 30,
2013; eight percent (8%) of earnings effective May 1 , 2013 through
April 23, 2014; and ten percent (10o/o) of earnings effective April 23,
2014.
3) For members hired on or after September 30, 2010, the
employee contribution shall be ten percent (10%) of earnings.
4) The employee contribution provided in paragraphs 1 . and 2.
above shall decrease by two percent (2o/o) of earnings when the
Plan actuary confirms that the City's annua! required contribution to
the Plan is twenty-three and one-half percent (23.5o/o) of
pensionable payroll or less. The two percent decrease in the
employee contribution shall take effect on the same date as the
City's annual required contribution of twentythree and one-half
percent (23.5o/o) of pensionable payroll or less.
6.03 Contributions by City
(a) lt is the intent of this Ordinance that the City contribute to the Plan
each year the amounts actuarially determined to be required, in addition to
contributions by Members, to cover the cost of the benefits provided by
the Plan. All administrative expenses shall be paid by the Plan. Effective
September 30,2013, the City shall annually contribute no less than the
net City's "normal cost" of the Plan. The net "normal cost" is the annual
cost of the Plan net of Member contribution assigned to the current Plan
year. lf the net City "normal cost" for any Plan year exceeds the City's
annual required contribution as determined in accordance with Part Vll,
Chapter 112, Florida Statutes, the excess shall be held in reserve as part
of Fund assets, designed as the pension stabilization fund, and shall be
used to offset the City's annual required contribution to any Plan year as
determined by the City. The pension stabilization fund shall be accounted
for separately and not included as assets of the Fund for Plan's valuation
purposes, and shall be annually credited or debited with gains and losses
0049481 5-2 38
355
at the same rate of return as the overall net market rate of return on Fund
investments.
(b) An actuarial valuation investigation of the Plan shall be performed
annually to determine the contribution payable by the City. On the basis
of regular interest and of such mortality and service tables as shall be
adopted by the Board of Trustees, the actuary shall determine,
immediately after making each valuation, the percentage of the
compensation of all Members required, in addition to contributions payable
by such Members, as contributions payable by the City to provide the
benefits of the Plan currently accruing to such Members; the rate per
centum so determined shall be known as the "Normal Contribution Rate"
and the contributions based on this rate shall be known as "Normal
Contributions." ln addition, the actuary shall determine the part of the
liabilities for benefits under the Plan not covered by assets in hand, future
contributions of Members and future normal contributions of the City and
this amount shall be known as the "Unfunded Accrued Liability"; the
percentage of compensation of Members determined to be payable on
account of such liability shall be known as the "Accrued Liability
Contributions Rate". Also, the actuary shall determine the percentage of
compensation necessary to provide for payment of the administrative
expenses of the Plan and this rate shall be known as the "Administrative
Cost Rate". The actuary shall recommend on the basis of each valuation
a Normal Contribution Rate and an Accrued Liability Contribution Rate
and an Administrative Cost Contribution Rate.
(c) !t is the intention of this Ordinance that contributions be set at such
levels, as recommended by the Actuary designated by the Board, as to
provide for a systematic amortization of any unfunded accrued liability
over a period of thirty (30) years from the date as of which such liability is
incurred.
(d) During the Plan year beginning October 1 ,2013, and at least once
every three years thereafter, there shall be an experience study of the
Plan's actuarial assumptions performed by the actuary selected by the
City. The actuary shall make recommendations for any changes and
assumptions based on the results of the experience study. ln the event
the Board of Trustees or Plan actuary disagrees with the recommended
assumption changes, the Board or Plan actuary shall present the basis of
their disagreement and justify any deviation from the recommended
assumptions to the City Commission.
(e) Effective September 30,2013, the City shall require five, ten and
twenty year projections of required pension contributions as part of the
annual actuarial valuations for the Plan. These projections shall be based
on current actuarial assumptions for the Plan. The projections shall be
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356
updated to reflect the cost of any proposed benefit enhancement before
the City Commission agrees to the enhancement. The cost of these
studies shall be funded separately from the annual contribution to the
pension plan.
6.04 Contributions by other Agencies. The Miami Beach Visitor and Convention
Authority, this Plan, the Classified Plan, the Unclassified Plan, and the City
Pension Fund for Firemen and Policemen shall contribute to this Plan the same
percentage of payroll rate as the City on behalf of employees who become
members of this Plan.
Section 7. Preservation of Benefits Plan
7 .01 The Preservation of Benefits Plan adopted in Resolution No. 89-19808 is
incorporated herein and revised as set forth in this Article 7. The Preservation of
Benefits Plan is established as a qualified governmental excess benefit
arrangement pursuant to section 415(m) of the lnternal Revenue Code. The
Preservation of Benefits Plan is provided for the purpose of providing benefits to
a payee (Retirant or Beneficiary) of this Retirement Plan whose benefits would
otherwise be limited by section 415(b) of the lnternal Revenue Code.
7.02 A payee of the Plan shall participate in the Preservation of Benefits Plan
whenever his or her earned benefit under the Plan exceeds the benefit maximum
established under section 415(b) of the lnternal Revenue Code. Participation in
the Preservation of Benefits Plan sha!! continue for as long as the payee's earned
benefit under the Plan is reduced by the application of the maximum benefit limit
under section 415(b) of the lnternal Revenue Code.
7.03 On and after March 18,2006, the City shall pay to each eligible payee of
the Plan who retires on or after such date, a supplemental benefit equal to the
difference between the amount of the payee's monthly retirement benefit which
would have been payable under the Plan if not for a reduction due to the
application of section 415(b) of the lnternal Revenue Code, and the reduced
monthly retirement benefit as paid to the payee. The Preservation of Benefits
Plan benefit shall be computed and payable under the same terms and
conditions and to the same person as would have applied under the Plan were it
not for the reduction resulting from the application of section 415(b) of the
lnternal Revenue Code.
7.04 The benefits paid under the Preservation of Benefits Plan shall not be
subject to execution, garnishment, attachment, or any other process of any court
with respect to a payee under the Preservation of Benefits Plan.
7.05 The Preservation of Benefits Plan shall be unfunded within the meaning of
the federal tax laws. No payee contributions or deferrals, direct or indirect, by
election or otherwise shall be made or allowed under the Preservation of Benefits
Plan.
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357
7.06 The Preservation of Benefits plan shall be administered by the City.
Benefits due under the Preservation of Benefits plan as determined by the City
Finance Director shall be paid timely by the City. The Finance Director may
make modifications to the benefits payable under the preservation of benefits
plan as may be necessary to maintain compliance with section 415(m) and other
relevant sections of the lnternal Revenue Code. The Board of Trustees shall
furnish to the City all records necessary for the administration of the Preservation
of Benefits Plan, including, but not limited to, the making of requisite calculations
and disbursements under the Preservation of Benefits Plan.
Section 8. Board of Trustees
8.01 The Plan created by this Ordinance shall be construed as a trust and shall
be administered by a Board of Trustees. The Board shall have the general
responsibility for the proper operation and management of the Plan and for
making effective the provisions of this Ordinance.
8.02 The Board shall consist of nine (9) persons, each of whom shall be
designated as a trustee, as follows:
(a) Three Members of the Plan elected by Employees who are
Members of the Plan;
(b) Two (2) Retirants elected by the retired Members of the Plan; and
(c) Four persons appointed by the City Manager;
8.03 The elected members of the Board of Trustees of the Classified System
shall continue to serve as the elected Trustees of this Plan for the remainder of
their terms. The City Manager may reappoint some or all of the Trustees who
were appointed to serve as Trustees of the Classified System, or may appoint
new Trustees to serve as appointed Trustees of this Plan. Elected Trustees shall
serve for three (3) year terms and the rules governing their election shall be as
prescribed by the Board. Appointed Trustees shall serve at the pleasure of the
City Manager.
8.04 Each trustee shall take an oath of office within ten (10) days after his
election or appointment. A trustee shall serve without compensation but shall be
reimbursed for any expenses incurred as the result of service as a trustee.
8.05 The Board shall annually elect from its membership a Chairman and a
Vice Chairman and shall elect a Secretary from among the City Manager's
appointees. Each trustee shall be entitled to one (1) vote, and five (5) concurring
votes shall be necessary for a decision by the trustees at any meeting of the
Board.
8.06 The Board shall have, in addition to all other powers and duties arising out
of this Ordinance not otherwise specifically reserved or delegated to others, the
004948'7 5 - 2 41
358
following specific powers and duties:
(a) Hold regular meetings at least quarterly in each year and special
meetings at such time as a majority of the Board or the Chairman may
deem necessary.
(b) Establish rules and regulations to implement the provisions of this
Ordinance, and formulate policy for the proper administration of the Plan
and the transaction of its business.
(c) Consider and pass on all applications for retirement and other
benefits, authorize the granting of all retirement allowances, pensions and
lump sum settlements, and suspend any payment or payments, all in
accordance with the provisions of this Ordinance.
(d) Adopt from time to time service and mortality tables and the rate of
regular interest for use in actuarial calculations in connection with the
Plan.
(e) Submit to the City Manager on or before July 1 of each year an
estimate of the amount of appropriation required for the purpose of the
Plan for the following fiscal year. Any expenditure of the Board in excess
of the amounts appropriated by the City in any budget category must be
approved in advance by the City Manager and City Commission.
(0 Employment of such actuarial, legal or investment counsel or
specialized technical assistance as may be required for the efficient
operation of the Plan.
(g) Maintain accounts and records showing the fiscal transactions of
the Plan and keep in convenient form such data as may be necessary for
the actuarial valuations of the Plan; require from each person covered
under the Plan such information as shall be necessary for the proper
operation of the Plan; require the maintenance of adequate accounting
records which shall at all times reflect the financial condition of the Plan.
(h) Provide for the receipt of all payments made to the Plan and
records thereof, and cause them to be deposited immediately with the
custodian of the fund.
(i) Keep a permanent record of all proceedings of the Board which
shall be tape recorded and available for examination by any Member,
Retirant or Pensioner, or by any Officer of the City.
0 Designate for specified periods, or as occasion may require, three
(3) physicians who are not eligible for membership in the Plan as Physical
Examiners; such Physical Examiners shall arrange for, and conduct, all
physical and mental examinations required under this Ordinance, shall
42
359
investigate all essential statements and certificates in connection with
applications for disability retirement, and shall report in writing to the
Board their conclusions and recommendations upon all matters referred to
them.
(k) Be the legal custodian of all cash and securities of the Plan, invest
and reinvest all cash not required to meet current disbursements in
securities; and subject to the limitations of this Ordinance, the Board shall
have full power to hold, purchase, sell, assign, transfer and dispose of any
of the securities and investments as well as the proceeds of such
investments.
(!) Provide for certification on its behalf of all warrants issued in
accordance with actions of the Board authorizing payments for benefits,
expenses and investments out of funds belonging to the Plan, and provide
for certification on its behalf of all amounts required by the Plan to be
levied as taxes by the City.
(m) Cause a general investigation to be made by a Consulting Actuary,
at least once every three (3) years, and cause recommendations to be
furnished as a result of such investigation as to the actuaria! tables and
rates of contributions to be used.
(n) Cause an audit of the affairs of the Plan to be made annually, with
interim quarterly reports by an independent Certified Public Accountant,
and submit a copy thereof to the City Manager as soon as possible after
the end of each fiscal year.
(o) Accept any gift, grant or bequest of any money or securities under
the terms designated by the grantor, or, if no special purpose or allocation
is specified, for credit to the funds of the Plan.
(p) Make available to Members, Retirants and Pensioners a financial
statement including a summary of the report of the Certified Public
Accountant, and issue to each Member, as soon as practicable following
the close of each fiscal year, an individual statement showing the
Accumulated Employee Contributions standing to his credit.
(q) Require the preparation of an annual report as of the close of each
fiscal year for submission to the City Commission; said report shall
embody, among other things, a financial balance sheet and a statement of
receipts and disbursements for the fiscal year, schedules of acquisitions
and sales or exchanges of investments, a statement of investments
owned at the close of the fiscal year and other pertinent financial and
operating data.
(r) Establish rules governing the election of the trustees as described
in Section 8.02 (a) and (b) and{€).
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(s) May appoint an Administrator of such Pension Plan and fix the
terms of employment of such Administrator who shall serve at the
pleasure of the Board.
Section 9. lnvestments
9.01 The assets of the Plan, in excess of the amount required to meet current
operations or pension and retirement payments, shall be invested in accordance
with the following paragraph.
The trustees shall, in acquiring, investing, reinvesting, exchanging, retaining,
selling and managing property for the benefit of the Plan, exercise the judgment
and care under the circumstances then prevailing, which men of prudence,
discretion and intelligence exercise in the management of their own affairs, not in
regard to speculation but in regard to the permanent disposition of their funds,
considering the probable income as well as the probable safety of their capital.
Within the limitations of the foregoing standard, a trustee is authorized to acquire
and retain every kind of property, rea!, personal or mixed, and every kind of
investment specifically including, but not by way of limitation, bonds, debentures
and other corporate obligations, and stocks, preferred or common, which men of
prudence, discretion and intelligence acquire or retain for their own account and,
within the limitations of the foregoing standard, a trustee may retain property
acquired, without limitation as to time and without regard to its suitability for
original purchase.
9.02 All investments shall be clearly marked to indicate that they are a part of
the assets of the Plan, and to the extent possible they shall be so registered.
9.03 Transactions involving the sale of bonds and simultaneous purchase of
other bonds for substantially the same consideration may be treated as
exchanges rather than two separate transactions. No adjustments shall be made
in investment valuations for ordinary current market price fluctuations, but
reserves may be provided for anticipated losses upon redemption as determined
by the Board.
9.04 Except as othenruise herein provided, no trustee or employee of the Board
shall have any direct interest in the income, gains or profits of any investments
made by the Board, nor shall any such person receive any pay or emolument for
services in connection with any investment. Proof that any such person violated
any of these restrictions shall make such person guilty of a misdemeanor or
felony, as the case may be, and such person shall be punishable therefor as
provided by law.
9.05 Beginning January 1, 2010 the Board shall proceed to sell, redeem,
divest, or withdraw all publicly traded securities of any corporation or other
business entity conducting business with the countries of Sudan and lran, as
follows:
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(a) Sections 215.442 and 215.473, Florida Statutes, require the State
Board of Administration (SBA) to make its best efforts to identify
"Scrutinized Companies," as defined in section 215.473(t), Florida
Statutes. The SBA has created a list of such companies ("scrutinized
companies list"), which state law requires be notified and ultimately
divested by the Florida Retirement System (FRS).
(b) The definition of "scrutinized company" as to Sudan generally
includes a company with business operations in Sudan with revenues or
assets linked to oil-related or power-production activities under certain
circumstances, is complicit in Darfur genocide, or the company supplies
military equipment within Sudan under certain conditions.
(c) The definition of "scrutinized company" as to lran general includes
a company with business operations that involve the Government of lran
or certain companies, and have revenues or assets linked to lran and
i nvolve oi l-related or mineral-extraction u nder certai n cond itions.
(d) "Scrutinized company" also includes any company that is complicit
in the Darfur genocide.
(e) Notwithstanding any provision of this Plan to the contrary, the
Board, or its designee, shall annually survey all corporations or other
business entities in which the assets of the Retirement System are
invested in order to ascertain whether any of the assets of the Retirement
System are invested in a corporation or other business entity that is
appears on the SBA Scrutinized Companies List, as periodically amended.
(0 The Board, on or before the first day of January of each year, shall
make available to the public the findings of its survey.
(g) Notice of the provisions of this section shall be given to investment
managers for the Retirement System.
(h) The Board and its named officers or investment advisors may not be
deemed to have breached their fiduciary duty in any action taken to
dispose of any such security, and the Board shall have satisfactorily
discharged the fiduciary duties of loyalty, prudence, and sole and rexclusive
benefit to the members of the Plan and their beneficiaries if the actions it
takes are consistent with the duties imposed by section 215.473, Florida
Statutes and the manner of the disposition, if any, is reasonable as to the
means chosen.
(i) The divestiture of any security pursuant to this section must be
completed by September 30 of any year following identification of
Retirement System assets invested in a corporation or other business
entity appearing on the SBA Scrutinized Companies List.
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Section 10. Administration
10.01 Pension Administrator
The Pension Administrator shall have responsibility for the administration
of the Plan. As such, he will have responsibilities which shall include, but not
necessarily be limited to, the duties specified in this Section 10.01.
(a) The Pension Administrator shall establish and maintain records on
all persons covered under the Plan.
(b) The Pension Administrator shall verify the amounts entered by the
Payroll Department as deductions for contributions by Employees to the
Plan and shall certify all payrolls on which such deductions are entered.
(c) The Pension Administrator shall receive applications for retirement
and other benefits, compute retirement allowances, pensions and lump
sum settlements, compute and credit interest to individual accounts and
make such analyses, computations and other determinations and records
as the Board may deem necessary for the efficient operation of the Plan.
(d) !t shall be the duty of the Pension Administrator to notify the Board
of any new Members, withdrawal of Members, applications for retirement
and lump sum payments, and such other personnel information as the
Board may require.
(e) The Pension Administrator shall maintain necessary records to
show receipts by payroll deductions, City contributions, donations and
investment returns, and to show disbursements for retirement allowances,
pensions and lump sum settlements. He shall also keep such other
financial records of the moneys and investments of the Plan as the Board
deems necessary.
(0 All payments from the funds of the Plan shall be made by the
Pension Administrator only upon vouchers signed by the Chairman of the
Board of Trustees. A duly attested copy of a resolution of the Board
bearing on its face the specimen signature of the Pension Administrator
shall be filed as authority for making payments upon such vouchers. No
voucher shall be drawn unless it shall have been previously authorized by
resolution of the Board, except that the Board may, by resolution authorize
the Pension Administrator to issue vouchers for refunds of Accumulated
Employee Contributions in accordance with Section 5.10 and for minor
adjustments in contributions by Employees.
(g) For the purpose of meeting current disbursements, cash equal in
amount, as nearly as practicable, to the regular demands for the ensuing
46
363
month shall be kept available in deposit.
10.02 City Attorney
(a) The City Attorney shall serve as legal advisor of the Board when
requested to do so, and his services on behalf of the Board shall not be
compensated additionally.
10.03 Legal Counsel
(a) The Board shall be vested with the authority to retain private lega!
counsel for representation thereof.
(b) Counsel retained hereunder shall be subject to the approval of the
City Commission.
Section 11. General
11.01 The Assets of the Classified and Unclassified Systems as of March 18,
2006 shall become the assets of this Plan on such date. The assets of the Plan
shall be invested as one fund, and no particular person, or group of persons,
shall have any right in, or to, any specific security or property, or in or to any item
of cash, other than an undivided interest in the whole, as specified in the
provisions of this Ordinance.
11.02 All the funds of the Plan shall be held in trust for use in providing the
benefits of the Plan and paying its expenses not paid directly by the City;
provided that no part of the corpus or income of the funds shall be used for, or
diverted to, purposes other than for the exclusive benefit of members or their
beneficiaries under the Plan prior to the satisfaction of all liabilities for benefits
with respect to them or for the administrative expenses of the Plan. ln case of
termination of the Plan, or in the event of the discontinuance of contributions
thereunder having the effect of such termination, the rights of all members of the
Plan to benefits accrued to the date of such termination or discontinuance, to the
extent then funded, shall be nonforfeitable.
11.03 All retirement allowances, pensions, and other benefits payable under the
provisions of this Ordinance, and all accumulated credits of Employees in the
Plan shall not be assignable.
11.04 Any person who shall knowingly make any false statement, or shall falsify,
or permit to be falsified, any record or records of the Plan in any attempt to
defraud the Plan shall be guilty of a misdemeanor, and shall be punishable
therefor, upon conviction, by a fine of not more than One Thousand Dotlars
($1,000.00) or imprisonment for not more than ninety (90) days, or both, in the
discretion of the Court.
11.05 No provision of any ordinance, which provides wholly or partly, at the
oo494A15-2 47
364
expense of the City, for retirement allowances, pensions, or other benefits for
employees of the City, their widows or other dependents, shall apply to persons
covered by the Plan established by this Ordinance.
11.06 Any changes in contributions or benefits contained in this Ordinance shall
apply prospectively to Members who are employed by the City on March 18,
2006 who retire on or after such effective date, and to Members who enter the
service of the City after such effective date.
11.07 Effective as of March 18,2006. notwithstandino anvthinq herein to the
contrary. a member's benefits shall commence no later than April 1 of the
calendar year followinq the later of (a) the calendar year in which he or she
attains aqe 70 % or (b) the calendar year in which the member retires. All
distributions from the Plan shall conform to the requlations issued under Section
401(aX9) of the lnternal Revenue Code, includinq the incidental death benefit
provision of Section 401(aX9XG) of the lnternal Revenue Code. Further. such
requlation shall override anv Plan provision that is inconsistent with Section
401(aX9) of the lnternal Revenue Code.
11.08 Notwithstandino any other provision of this Plan to the contrary. a form of
retirement income payable from this plan shall satisfy the followino conditions:
(a) lf the retirement income is oayable before the member's death:
1) lt shall either be distributed or commence to the member not
later than April 1 of the calendar year followino the later of the
calendar vear in which the member attains age 70 1/2, or the
calendar vear in which member retires:
2) The distribution shall commence not Iater than the calendar
year defined above: and (a) shall be paid over the life of the
member or over the lifetimes of the member and spouse. issue or
dependent. or (b) shall be paid over the period extendino not
bevond the life expectancy of the member and spouse. issue or
dependent.
Where a form of retirement income pavment has commenced in
accordance with the preceding paraqraphs and the member dies before
his entire interest in the plan has been distributed. the remainins portion of
such interest in the plan shall be distributed no less rapidlv than under the
form of distribution in effect at the time of the member's death.
(b) If the member's death occurs before the distribution of his interest in
the plan has commenced. member's entire interest in the plan shall be
distributed within five vears of member's death, unless it is to be
distributed in accordance with the followinq rules:
00494A7 5 -2
365
spouse, issue or dependent:
2) The remaininq interest is to be distributed over the life of the
spouse, issue or dependent or over a period not extendinq bevond
the life expectancv of the spouse. issue or dependent: and
3) Such distribution beqins within one year of the member's death
unless the member's spouse, is the sole desiqnated beneficiary, in
which case the distribution need not begin before the date on which
the member would have attained aqe 70 1/2 and if the member's
spouse dies before the distribution to the spouse beoins, this
section shall be applied as if the spouse were the member.
Section 12. Rollover Distributions
12.01 Election by Distributee
This Article applies to distributions made on or after January 1, 1993.
Notwithstanding any provision of this Ordinance to the contrary that would
otherwise limit a distributee's election under this Article, a distributee may elect,
at the time and in the manner prescribed by the plan administrator, to have any
portion of an eligible rollover distribution paid directly to an eligible retirement
plan specified by the distributee in a direct rollover.
12.02 Definitions
For purposes of this Article, the following definitions shall apply:
(a) Eligible rollover distribution: An eligible rollover distribution is
any distribution of all or any portion of the balance to the credit of the
distributee, except that an eligible rollover distribution does not include:
any distribution that is one of a series of substantially equal periodic
payments (not less frequently than annually) made for the life (or life
expectancy) of the distributee or the joint lives (or joint life expectancies)
of the distributee and the distributee's designated beneficiary, or for a
specified period of ten years or more; any distribution to the extent such
distribution is required under Section a01(a)(9) of the lnternal Revenue
Code; and the portion of any distribution that is not includible in gross
income.
(b) Eligible retirement plan: An eligible retirement plan is individual
retirement account described in Section 408(a) of the Internal Revenue
Code, an individual retirement annuity described in Section 408(b) of the
lnternal Revenue Code, an annuity plan described in Section 403(a) of the
lnterna! Revenue Code, an eligible deferred compensation plan described
in section 457(b) of the lnternal Revenue Code which is maintained by an
49004948',1 5 - 2
366
eligible employer described in section a57(e)(1)(A) of the lnternal
Revenue Code and which agrees to separately account for amounts
transferred into such plan from this Plan, an annuity contract described in
section 403(b) of the lnternal Revenue Code, or a qualified trust described
in section 401 (a) of the lnternal revenue Code that provides or accepts
the distributee's eligible rollover distribution. Effective for distributions
made after December 31. 2001, an eliqible retirement plan shall also
mean an annuity contract described in Section 403(b) of the lnternal
Revenue Code and an eliqible plan under Section 457(b) of the lnternal
Revenue Code which is maintained bv a state. political subdivision of a
state, or anv aqency or instrumentality of a state or political subdivision of
a state and which agrees to separatelv account for amounts transferred
into such plan from this Plan
distributien te the surviving speuse er demestie partner, an eligible
annuit1+
(c) Distributee: A distributee includes an Employee or former
Employee. ln addition, the Employee's or former Employee's surviving
spouse or domestic partner are distributees with regard to the interest of
the spouse or domestic partner. Effective as of January 1. 2008. an
Emplovee's or former Employee's non-spouse Beneficiary is a distributee
with regard to the interest of the Emplovee or former Employee.
(d) Direct rollover: A direct rollover is a payment by the plan to the
eligible retirement plan specified by the distributee. Effective as of January
1. 2008, a non-spouse Beneficiary mav make a direct rollover only to an
"inherited" individual retirement account as described in Section 408(b) of
the lnternal Revenue Code. lf a non-spouse Beneficiary receives a
distribution from the Plan. the distribution is not eliqible for a 60-day (non-
direct) rollover.
3. Rollovers or Transfers into the Fund. On or after March 18, 2006, the
Plan wi!! accept an eligible rollover distribution or direct transfer of distribution for
the purchase of credited service pursuant to Section 4.4 as follows:
(a) Transfers, Direct Rollovers or Member Rollover Contributions from
Other Plans. The Plan will accept either a direct rollover of an eligible
rollover distribution or a member contribution of an eligible rollover
distribution from a qualified plan described in section 403(a) of the Code,
from an annuity contract described in section 403(b) of the Code, or from
an eligible plan under section 457(b) of the Code, which is maintained by
a state, political subdivision of a state, or any agency or instrumentality of
a state or political subdivision of a state. The Plan will also accept legally
permissible Member requested transfers from eligible retirement plans.
(b) Member Rollover Contributions from 401 (a) Plans and lRAs. The
50
367
plan will accept a member rollover contribution of the portion of a
distribution from qualified plan described in section 401 (a) of the Code, or
from an individual retirement account or annuity described in section
408(a) or 408(b) of the Code, that is eligible to be rolled over and would
othenruise be includible in the member's gross income.
Section 13. Employees hired on or after September 30, 2010
Notwithstanding any other provision of the Plan, for employees hired on or after
September 30, 2010, other than employees hired in classifications within the
CWA (MBEBA) bargaining unit, the provisions of the Miami Beach Employees'
Retirement Plan created by Ordinance 2006-3504, as subsequently amended,
shall be applicable, except as set forth in paragraphs (a) through (i.) below.
Notwithstanding any other provision of the Plan, for employees hired on or
after October 27, 2010 in classifications within the CWA (MBEBA) bargaining
unit, the provisions of the Miami Beach Employees' Retirement Plan created by
Ordinance 2006-3504, as subsequently amended, shall be applicable, except
as set forth in paragraphs (a) through (i ) below.
(a) The normal retirement date shall be age 55 with at least thirty (30)
years of creditable service, or age 62 with at least five (5) years of
creditable service.
(b) The early retirement date shall be the date on which the member's
age plus years of creditable service equal 75, with a minimum age of 55
(c) Final average monthly earnings shall be an average of the highest
five (5) years of employment.
(d) The benefit multiplier shall be 2.5% multiplied by the member's
years of creditable service, subject to a maximum of 80% of the member's
FAME.
(e) The retiree Cost of Living Adjustment shall be 15% per year, with
the first adjustment deferred to one year after the end of the DROP.
(0 The employee contribution shall be 10o/o ol salary.
(g) The standard form of benefit shall be a lifetime annuity.
(h) Members who separate from City employment with 5 or more years
of creditable service but prior to the normal or early retirement date shall
be eligible to receive a normal retirement benefit at age 62.
(i) Employees shall be eligible to enter the DROP at the normal
retirement age specified in paragraph a, above, and may participate in the
DROP for a maximum of 5 years.
51
368
Section '14. Application to Members of the CWA bargaining unit who terminate
City employment following ratification of the 2003-2006 collective bargaining
agreement and before March 18, 2006
14.01. All provisions of this plan that are applicable to employees in
classifications within the CWA bargaining unit shal! apply to such employees who
are employed on the date the 2003-2006 collective bargaining agreement
between the City and the CWA is ratified by the CWA bargaining unit and who
terminate City employment after that date, but prior to March 18, 2006, under the
following conditions:
(a) On or after February 1, 2006, the employee must submit a letter of
resignation/retirement to their respective Department Head and the City
Labor Relations Director providing a minimum of two (2) weeks notice,
(i.e., the employee will agree to work a minimum of ten (10) additional
working days (not including sick or annual leave time); and
(b) The employee will leave any accrued sick or annual leave time with
the City until they exercise any retirement options contained in this
ordinance; and
(c) Following the second reading of the this ordinance, the employee
will have a period not to exceed twenty (20) days to submit all changes
and any required monetary payments for the buyback and/or 401A
conversion to the Pension Office.
(d) ln the event that the election and/or full payment is not made within
the specified twenty (20) day time frame, there will no changes made to
the pension for that employee, and any accrued sick or annual leave shall
be paid to the employee.
Section 2. lncorporation by Reference of Resolution No. 2013-28290.
Resolution No. 2013-28290, accepting the recommendations of the
Finance and Citywide Projects Committee at its May 13,2013 meeting, to adopt
the Budget Advisory Committee's proposed policies and guidelines in order to
ensure long term pension reform, is incorporated herein by reference pursuant to
Ordinance No. 201 3-3806.
Section 3. Conflicts and Severability.
(a) All Ordinances, and parts of ordinances, in conflict herewith shal!
be and the same, are hereby repealed.
52
369
(b) In the event any article, section, paragraph, sentence, clause, or
phrase of this Ordinance shall be adjudicated invalid or unconstitutional, such
adjudication shall in no manner affect the other articles, sections, paragraphs,
sentences, clauses or phrases of this Ordinance, which shall be and remain in
full force and effect as fully as if the item so adjudged invalid or unconstitutional
was not originally a part hereof.
Section 4. Effective Date.
This Ordinance shall take effect the _ day of
PASSED and ADOPTED this day of
ATTEST:
2015.
2015.
PHILIP LEVINE
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
RAFAEL E. GRANADO
CITY CLERK
(Sponsored by Commissioner Deede Weithorn)
Underscore denotes new lanouaqe
(Ordinance Nos. 2006-3504, 2006-3530, 2007-3575, 2009-3626, 2009-3664,
2 0 1 0-3693, 20 1 0-37 06, 20 13-3806, 20 1 4 -3937, 20 1 4-3964)
,(fy ;-
Dofe
53
370
TO:
FROM:
DATE:
RE:
LEWIS, LONCMAN & WALKER, P.A.
AIOitNtYSAIIA\,V
REPLYTo: Telleuessm
MEMORANDUM
Raul J. Aguila, City Attorney
City of Miami Beach
Jim Linn and Jennifer Cowan
May 14,2015
Miami Beach Employees' Retirement Plan - Internal Revenue Code Compliance
Amendments
As requested, we have reviewed the proposed amendments to the Miami Beach Employees'
Retirement Plan enclosed with Robert Friedman's letter of February 2,2015. In our opinion, the
proposed amendments are required by the Intemal Revenue Code and IRS regulations, in order
for the Plan to retain its qualified status and receive a favorable determination letter from the
IRS.
The amendments are technical in nature, and include the following provisions:
o Revised definition of "actuarial equivalent" (section 2.02)o A reference to IRS regulations on differential wage payments (section 4.02).o A provision incorporating Internal Revenue Code requirement that upon a member's
attainment of the normal retirement date the member's benefits under the plan are fully
vested and non-forfeitable (section 5.0 1 (a)7).o A provision incorporating Intemal Revenue Code requirements concerning death benefits
payable to a member who dies during qualified military service (section 5.08).o Deletion of outdated language concerningthe200T-08 early retirement incentive program
(sections 5.12 and 5.13(b)14).o A provision incorporating the maximum benefit limitations of Section 415 of the Intemal
Revenue Code (section 5.13(b)15).o A provision incorporating Internal Revenue Code requirements concerning the
commencement of benefits (section 11.07).
Helping Shape Florida's Futureo
TAMPA BAY
l00l 3d Avenue west
Suite 670
Bradenton, FL 34205
(941) 7084M0
Fax: (941) 7084024
JACKSoNVILLE
245 Riverside Avenue
Suite 150
Jacksonville, FL32202
(904) 353-6410
Fax: (904) 353-7619
TALLAHASSEE
2600 Centennial Place
Suite 100
Tallahassee, FL 32308-0572
(8s0) 222-5702
Fax: (850) 224-9242
www.llw-law.com
WESTPALMBf,AcH
1700 Palm Beach Lakes Blvd
Suite 1000
West Palm Beach, FL 33401
(561) 640-0820
Fax: (561) 640-8202
371
May 14,2015
Page2
o Provisions incorporating Internal Revenue Code requirements distributions and rollovers
from the plan (section 12.02).
The ordinance also reflects our recommendation that the retirement plan be restated to
incorporate all amendments that have been adopted since the plan was established in 2006 in one
document. All the ordinances creating and amending the plan are listed at the end of the
ordinance.
An Internal Revenue Service "determination letter" is issued by the IRS in response to a request
as to the qualified status of a retirement plan under IRC section 401(a). The determination lLtter
expresses the Service's opinion regarding the form of the plan, and applies only to the employer
and the plan participants on whose behalf it was issued. The IRS issued a favorable
determination letter for the Miami Beach Employees' Retirement Plan on October 15,2014,
conditioned on adoption of the amendments contained in this ordinance.
While public employers that sponsor retirement plans are not required to apply for a
determination letter, receiving a favorable determination letter provides documentation that the
plan satisfies the applicable qualification standards.
There are several legal and practical advantages to obtaining a determination letter. One legal
advantage is that an IRS determination letter provides a definitive analysis of whether a plan is
qualified. It also provides the basis for retroactive relief if the Service later changes its position.
One practical advantage of obtaining a determination letter is that the City's auditors will be less
likely to question the qualified status of the Plan.
We have prepared an ordinance incorporating the IRC compliance amendments. The
amendments are technical in nature, and should not result in additional cost to the Plan or the
City.
In accordance with section 112.63(3), Florida Statutes, an actuarial impact statement will need to
be prepared before the IRC compliance ordinance is adopted on second reading.
Please let us know if you have any questions.
372
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THIS PAGE INTENTIONALLY LEFT BLANK
374
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, amending the
Land Development Regulations of the Miami Beach City Code, by amending Section 118-593(e),
entitled "Delineation on Zoning Map" by designating the property at 36 Ocean Drive as an Historic Site
to be known as "36 Ocean Drive Historic Site"
Clerk's Office Trackin
-Offs:
T:\AGENDAr201 5\June\36 Ocean - Historic Site Designation - SUM 2nd Read.docx
AGENDA ITEii RS H
Protect Historic Building Stock
Supporting Data (Surveys, Environmental Scan, etc
ln the 2014 Survey, 74% of residents and 77% of business owners maintained that the City was
Item Summary/Recommendation :
SECOND READING - PUBLIC HEARING
The proposed Ordinance would designate the property located at 36 Ocean Drive as a Local Historic
Site.
On May 6, 2015 the City Commission approved the Ordinance at First Reading and set a Second
Reading Public Hearing for June 10,2015.
The Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
On February 10, 2015, the Historic Preservation Board reviewed a Designation Report relative to the
historic designation of 36 Ocean Drive as a Local Historic Site and approved a motion to recommend
approval of the designation of the proposed 36 Ocean Drive Historic Site to the Planning Board and
the City Commission by a vote of (7-0).
On March 24, 2015, the Planning Board reviewed a Designation Report relative to the historic
designation of 36 Ocean Drive as a local historic site and approved a motion to recommend approval
of the designation to the City Commission by a vote of (5-0, 1 absent).
Financial I nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
N/A
Thomas Mooney
MIAMIBEACH BATE 6-(0 -lt375
MIAMIBEACH
Mayor Philip Levine and Mem
Jimmy L. Morales, City Manager.
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch. Florido 33,l39, www.miomibeochfl.gov
coMMrssrpN MEMORANDUM
TO:
FROM:
DATE:June 10,2015 SECOND READING
SUBJECT: 36 Ocean Drive - Local Hi Designation
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAM! BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE MIAM! BEAGH GITY CODE;
BY AMENDING SECTTON 118-593(E), ENTITLED "DELINEATION ON
ZONING MAP'' BY DESIGNATING ONE OR MORE BUILDINGS AT 36
OCEAN DRIVE AS AN HISTORIC SITE TO BE KNOWN AS "36
OCEAN DRIVE HISTORIC SITE,'' AS MORE PARTICULARLY
DESCRIBED lN THE ORDINANCE; PROVIDING THAT THE CITY'S
ZONING MAP SHALL BE AMENDED TO INCLUDE 36 OCEAN DRIVE
AS AN HISTORIG SITE; ADOPTING THE DESIGNATION REPORT
ATTACHED TO THE STAFF REPORT AS APPENDIX "A"; PROVIDING
FOR INCLUSION !N THE LAND DEVELOPMENT REGULATIONS OF
THE CITY CODE; REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMEN DATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On January 13,2015, at the request of the applicant, 36 Ocean Drive Holdings, LLC the
Historic Preservation Board, reviewed a Preliminary Evaluation and Recommendation
Report relative to the possible historic designation of the existing property located at 36
Ocean Drive as an individual local historic site. At this meeting, the Board directed staff
and the applicant to prepare a formal historic designation report.
On February 10, 2015, the Historic Preservation Board reviewed a Designation Report
relative to the historic designation of 36 Ocean Drive as a Local Historic Site and
approved a motion to recommend approval of the designation of the proposed 36 Ocean
Drive Historic Site to the Planning Board and the City Commission (HPB File No. 7502).
On March 24, 2015, the Planning Board reviewed a Designation Report relative to the
historic designation of 36 Ocean Drive as a local historic site and approved a motion to
recommend approval of the designation to the City Commission.
DESIGNATION PROCESS
The designation report for a proposed historic district is required to be presented to the
Historic Preservation Board and the Planning Board at separate public hearings.
Following public input, the Historic Preservation Board votes on whether or not the
376
Commission Memorandum
Local Historic Site Designation -36 Ocean Drive
June 10,2015 Page 2 of 7
proposed historic district meets the criteria listed in the Land Development Regulations
of the City Code and transmits a recommendation on historic designation to the Planning
Board and City Commission. lf the Historic Preservation Board votes against the
designation, no further action is required. lf the Historic Preservation Board votes in
favor of designation, the Planning Board reviews the designation report and formulates
its own recommendation. The recommendations of both Boards, along with the
designation report, are presented to the City Commission. Because in this instance the
proposed ordinance involves an area less than ten (10) contiguous acres, the City
Commission must hold one public hearing on the designation. Upon conclusion of the
hearing, the City Commission can immediately adopt the ordinance with a 5/7 majority
vote.
RELATION TO ORDINANCE CRITERIA1. In accordance with Section 118-592 in the Land Development Regulations of the
City Code, eligibility for designation is determined on the basis of compliance
with the listed criteria set forth below.
(a) The Historic Preservation Board shall have the authority to recommend
that properties be designated as historic buildings, historic structures,
historic improvements, historic landscape features, historic interiors
(architecturally significant public portions only), historic sites or historic
districts if they are significant in the historical, architectural, cultural,
aesthetic or archeological heritage of the city, the county, state or nation.
Such properties shall possess integrity of location, design, setting,
materials, workmanship, feeling or association and meet at least one of
the following criteria:
(1) Association with events that have made a significant contribution
to the history of the city, the county, state or nation;
(2) Association with the lives of persons significant in the city's past
history;
(3) Embody the distinctive characteristics of an historical period,
architectural or design style or method of construction;
(4) Possesses high artistic values;
(5) Represent the work of a master, serve as an outstanding or
representative work of a master designer, architect or builder who
contributed to our historical, aesthetic or architectural heritage;
(6) Have yielded, or are likely to yield information important in pre-
history or history;
(7) Be listed in the National Register of Historic Places;
(8) Consist of a geographically definable area that possesses a
significant concentration of sites, buildings or structures united by
historically significant past events or aesthetically by plan or
377
Commission Memorandum
Local Historic Site Designation -36 Ocean Drive
June 10, 2015 Page 3 o'f 7
(b)
physical development, whose components may lack individual
distinction.
A building, structure (including the public portions of the interior),
improvement or landscape feature may be designated historic even if it
has been altered if the alteration is reversible and the most significant
architectural elements are intact and repairable.
The proposed 36 Ocean Drive Historic Site is eligible for historic designation as it
complies with the criteria as specified in Section 118-592 in the Land
Development Regulations of the City Code outlined above.
The Property is eligible for historic designation and in
conformance with the designation criteria for the following
reasons:
Association with events that have made a sionificant
contribution to the historv of the citv. the Countv. state or
nation;
The property is located in the first recorded sub-division in
Miami Beach. Designed in the Spanrsh / Mediterranean
architectural style, this one story commercial building was
par to the original building stock of the city and is now the
last remaining original building on its block of Ocean Drive.
By the mid 1920's this stretch of Ocean Drive and Collins
Avenue constituted one of several nodes of commercial
activity within the City of Miami Beach.
This neighborhood contained up to five bathing Casrnos
catering to many day-trippers from the mainland. Small
one story commercial buildings were developed on Collins
to cater to the immense pedestrian traffic in the area
serving the Casinos and Dog Track /f is interesting to
note that the Building Card sfafes that the building was to
provide "sfores and living quarters."
The demographic area south of Sixth Sfreef which possess
a significant concentration of buildings and srtes that are
unified by the historical development Ocean Beach as a
vibrant but modesf seasrde resort, abundant with enticing
recreational amenities for the working c/ass, and unusually
welcoming fo persons of Jewish heritage. "The Property is
located in the first subdivision created solely for
commercial uses in Miami Beach in February 1920. Retail
goods and services were needed in order to support the
increasing number of residents and visifors during the
1920s and 1930s. The creation of this commercial
subdivision has had a major impact in the development of
the City as reflected along Alton Road, which remains one
of Miami Beach's major commercial corridors today.
Among other tenants, the building housed a Food Market
2.
(a)
(1)
378
Commission Memorandum
Local Historic Site Designation -36 Ocean Drive
June 10,2015 Page 4 of 7
(2)
for over 50 years and a bar that began in 1941 as the
Knotty Pine Bar and is today known as the Abbey Brewing
Company. These and other unique commercial uses have
provided an invaluable seruice to the local residents for
over 70 years.
Association with the lives of persons sionificant in the citv's
past historv:
ln 1912 two Miami bankers, John N. Lummus and James
E. Lummus, formed the Ocean Beach Realty Company
and platted a small ocean-facing portion of their land at
the southern tip of Miami Beach.ln South Beach the Ocean Beach Realty Company
assembled the traditional elements of a seasrde resoft city:an 'oceanfront' boardwalk' as the setting for an
architectural promenade;' bathing casrnos' built along the
ocean; an entertainment pier and a mix of homes, hotels
and boarding houses."
Embodv the distinctive characteristics of an historical
period. architectural or desion stvle or method of
construction;
This commercial building is an outstanding example of the
Spanrsh Mediterranean style of architecture popular in the
1920's. lt's simple materials and detailing are balanced in a
symmetrically simple one story structure utilizing the
structure and the masonry downspouts as the decoration.
The desire to transform Miami Beach into a Mediterraneancity corresponded with the ascendancy of the
Mediterranean revival style in Florida. lt's appearance in
Florida was contemporary with the Spanish Colonial style
popular in the early twentieth century Spanish
Mediterranean architecture was the "style of choice" for the
first major boom period in Ocean Beach. lts connotation of
Mediterranean resort architecture, combining expressions
of ltalian, Moorish, North African and Southern Spanish
themes, was found to be an appropriate and commercially
appealing image for the new Floridian seasrde resoft.
During the mid 191 0s through the early 1930s the style was
applied to hotels, apartment buildings, commercial
structures, and even modest resrdences. lts architectural
vocabulary was characterized by stucco walls, low pitched
terra cotta and historic Cuban tile roofs, arches, scrolled or
tile capped parapet walls and articulated door surroLtnds,
sometimes utilizing Spanish Baroque decorative motifs and
C/assica/ elements. Featured detailing u/as occasionally
executed in keystone.
Spanish Mediterranean architecture flourished in Florida in
(3)
379
Commission Memorandum
Local Historic Site Designation -36 Ocean Drive
June 10,2015 Page 5 ol 7
(4)
a compressed time period, starting in 1917 when Pittsburgh
architect Richard Kiehnel (1870-1944) began
designing...Kiehnel was working on El Jardin in Miami
(Coconut Grove) the architect Addison Mizner (1872-1933)
was designing the Everglades Club in Palm Beach. A
decade and a half later most architects had turned their
eyes to what we now call Ari Deco.
Possess hiqh artistic values:
By its nature as a modest commercial structure, this one
story building is not grandiose, but admirably reflects the
aftistic values and design influences of its time - with a
dash of charm.
This commercial building is an outstanding example of the
Spanrsh Mediterranean style of architecture popular in the
1920's.
Represent the work of a master. serve as an outstandino or
reoresentative work of a master desioner. architect or
builder who contributed to our historical, aesthetic or
arch itectu ral heritaqe;
The Architect for this building - Fred Koepfler is a little
known architect who practiced in Miami Beach in the
1920's. His buildings were designed in the Spanish
Mediterranean architectural style popular in the 1920's. His
animated desrgns for the multi-family apartment
buildings still existing at 1611 Michigan Avenue and the
Fenimore Apartments at 1200 Euclid Avenue are most
typical of that period and feature a rich anay of decorative
elements.
Have vielded, or are likelv to vield information important in
pre-historv or history;
This building plays an imporlant role in defining the
commercial and residential development of this area in
the early years of Miami Beach. The property is located in
the first recorded subdivision in Miami Beach. Having
been constructed in 1928 the building has served ifs
neighborhood for almost 90 years.
Historic designation of the property and preservation of the
building will ensure that the historical record remains intact.
Be listed in the National Reqister of Historic Places:
Although this structure is not presently listed in the
National Register of Historic Places, it appears to have
clear potential to be determined to be eligible for inclusion
within the adjacent Miami Beach National Register
(5)
(6)
(7)
380
Commission Memorandum
Local Historic Site Designation -36 Ocean Drive
June 10,2015 Page 6 of 7
(8)
Arch itectu ral D i strict.
Consist of a qeoqraphicallv definable area that possesses
a sionificant concentration of sites. buildinos or structures
united bv historicallv sionificant past events or aestheticallv
bv plan or phvsical development. whose components mav
lack individual distinction ;
Not applicable to an individual historic site designation.
(b) A buildinq. structure (includinq the public' portions of the interior).
improvement or landscape feature mav be desionated historic even if it
has been altered if the alteration is reversible and the most sionificant
architectural elements are intact and repairable.
While some alteration had been made over the years through
examination of historic photos, the building retains many of its significant
architectural elements. ln many of the historic photographs the front
facade is boarded over with various sr,gns hung in front of the architectural
elements - thus ironically in most cases protecting the historic
arch ite ctu ral e lem ents beh i n d.
PLANNING BOARD REVIEW
On March 24, 2015, the Planning Board by a vote of (5-0, 1 absent) transmitted the
proposed designation Ordinance to the City Commission with a favorable
recommendation.
ANALYSIS
ln accordance with responses to all the review criteria listed in previous sections of this
report, it is apparent that the building is consistent with the applicable historic
designation and Planning Board review criteria. The Designation Report (Attached as
Appendix "A") describes the significance of the building and of the neighborhood in
which it is located.
The proposed designation of the 36 Ocean Drive Historic Site will not create any
negative impacts for the surrounding areas and is appropriate to protect the aesthetic,
architectural, and historical importance of the South of Fifth Neighborhood. The positive
social and economic impact that preservation has had on the revitalization of Miami
Beach is well known. Local residents, as well as visitors from around the world, are
seeking the very special urban character of Miami Beach that the Planning Department
seeks to preserve. Further, alterations are permitted to historic structures provided that
the changes are found to be appropriate by the Historic Preservation Board.
SUMMARY
On May 6,2015, the City Commission approved the Ordinance at First Reading and set
a Second Reading Public Hearing for June 10,2015.
CONCLUS!ON
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM/DJT
T:\AGENDA\2015uune\36 Ocean Drive - Historic Site Designation - MEMO 2nd Read.docx
381
Commission Memorandum
Local Historic Site Designation -36 Ocean Drive
June 10,2015 Page 7 of 7
Exhibit A
36 Ocean Drive
Location:
36 Ocean Drive
Legal Description:
Lot 4, Block 1 of Ocean Beach Fla Subdivision.
according to the Plat thereof, as recorded in
Plat Book 2, Page 38, of the Public Records of
lvliam i-Dade County, Florida
N,+'
s
75 150
382
36 OCEAN DRIVE. HISTORIC SITE DESIGNATION
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CIryOF MIAMI BEACH, FLORIDA, AMENDING THE GITY'S LAND
DEVELOPMENT REGULATIONS BY AMENDING SECTION 118-593(e),
ENTITLED "DELINEATION ON ZONING MAP" BY DESIGNATING ONE OR
MORE BUILDINGS AT 36 OGEAN DRIVE AS AN HISTORIC SITE TO BE
KNOWN AS "36 OCEAN DRIVE HISTORIC SITE"; AND AMENDING THE
CITY'S ZONING MAP TO INCLUDE 36 OCEAN DRIVE AS AN HISTORIG
SITE; ADOPTING THE DESIGNATION REPORT ATTACHED TO THE STAFF
REPORT AS APPENDIX "A"; PROVIDING FOR INCLUSION lN THE LAND
DEVELOPMENT REGULATIONS OF THE GITY GODE; REPEALER;
SEVERABILIW; AND AN EFFECTIVE DATE.
WHEREAS, on February 10, 2015, the City's Historic Preservation Board held a public
hearing and voted unanimously (7-0) in favor of recommending that the City Commission
designate 36 Ocean Drive, as an Historic Site; and
WHEREAS, on March 24, 2015 the City's Planning Board held a public hearing to
consider the proposed designation; and
WHEREAS, the City of Miami Beach Planning Department has recommended this
amendment to the Land Development Regulations of the City Code; and
WHEREAS, these recommendations of approval for the designation of 36 Ocean Drive
as an Historic Site were based upon the information documented in the Designation Report
prepared by the City of Miami Beach Planning Department attached hereto as Appendix "A."
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE GIry OF MIAMI BEACH, FLORIDA:
SECTION 1. DESIGNATION OF 36 OGEAN DRIVE AS AN HISTORIC SITE.
That the certain area located on Lot 4, Block 1 of Ocean Beach Fla Subdivision, According to
the Plat Thereof, as Recorded in Plat Book 2, Page 38, of the Public Records of Miami-Dade
County, Florida; and having the legal description as described herein, is hereby designated as
an Historic Site of the City of Miami Beach and shall be known as "36 Ocean Drive." That the
Designation Report attached hereto as Appendix'4" is hereby adopted.
SECTION 2. AMENDMENT OF SUBSECTION 118.593(E).
That Subsection (e), entitled "Delineation on Zoning Map," of Section 118-593, entitled "Historic
Preservation Designation," of Division 4, entitled "Designation," of Article X, entitled "Historic
Preservation," of Chapter 1 18, entitled "Administration and Review Procedures," of Subpart B of
the Land Development Regulations of the City Code is hereby amended to read as follows:
***
Chapter 118. Administration and Review Procedures
383
***
Article X. Historic Preservation
***
Division 4. Designation
***
Section 1 18-593. Historic Preservation Designation.
***
(e) Delineation on zoning map. All sites and districts designated as historic sites and
districts shall be delineated on the city's zoning map, pursuant to section 142-71,
as an overlay district. Such sites and districts include:
(1) Historic preservation sites (HPS).
***
n. CPS-1/HPS-14: 36 Ocean Drive. as more particularlv described as Lot 4.
Block 1 of Ocean Beach Fla Subdivision, Accordino to the Plat Thereof.
as Recorded in Plat Book 2, Pase 38, of the Public Records of Miami-
Dade Countv, Florida.
SECTION 3. 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 4. AMENDMENT OF ZONING MAP.
That the Mayor and City Commission hereby amend the Zoning Map of the City of Miami Beach
as contained in the Land Development Regulations of the City Code by identifying the area
described herein as HPS-14, Historic Preservation Site 14. Attached hereto as Exhlbit A, is the
amended zoning map.
SECTION 5. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 6. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
384
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this _ day of
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
First Reading: May 6, 2015
Second Reading: June 10, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+iket+reugh denotes deleted lang uage
2015.
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
(-
F:\ATTO\BOUE\Ordinances\2236 - 36 Ocean Drive - PB ORD 3-30-15 [2nd Reading 6-10-1S].docx
385
EXHIBIT ITAII
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CitY Lim..1-!;
87TH TER
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87TH ST
0 75 150 300 Feet Location:
22687th Terrace
386
APPENDIX "A''
DESIGNATION REPORT
36 OCEAN DRIVE
MIAMI BEACH, FLORIDA
387
36 OCEAN DRIVE DESIGNATION REPORT
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36 OCEAN DRIVE
MIAMI BEACH, FLORIDA 33139
HISTORIC SITE DESIGNATION
REPORT
PREPARED BY
ARTHUR MARCUS ARCHITECT
18OO NORTH ANDREWS AVENUE #7F
FORT LAUDERDALE, FLORIDA 33311
www.arthurmarcus.com
tele: 305-467-6141
January 2,2015
388
APPENDIX "A''
DESIGNATION REPORT
36 OCEAN DRIVE
MIAMI BEACH, FLORIDA
389
3
HISTOR
36 OCEAN DRIVE DESIGNATION REPORT
6 OCEAN DRIVE
MIAMI BEACH, FLORIDA 33139
IC SITE DESIGNATION
REPORT
PREPARED BY
ARTHUR MARCUS ARCH ITECT
18OO NORTH ANDREWS AVENUE #7F
FORT LAUDERDALE, FLORIDA 33311
www.arthurmarcus.com
tele: 305-467-6141
FOR THE
CITY of MIAMI BEACH HISTORIC PRESERVATION BOARD
CITY of MIAMI BEACH PLANNING BOARD
CITY of MIAMI BEACH COMMISSION
PREPARED FOR:
36 OCEAN DRIVE HOLDINGS LLC
157 COLLINS AVENUE
MIAMI BEACH, FLORIDA 33139
January 2,2015
f I tlf. , I l'l
390
36 OCEAN DRIVE DESIGNATION REPORT
TABLE of CONTENTS
DESIGNATION REQUEST
DESIGNATION PROCESS
RELATION TO ORDINANCE CRITERIA
GENERAL DESCRIPTION OF BOUNDARIES
GENERAL DESCRIPTION OF SITE IN CURRENT CONDITION
PRESENT OWNERS
PRESENT USE
PRESENT ZONING
HISTORICAL BACKGROUND
ARCH ITECTURAL BACKGROU N D
PLANNING CONTEXT
EXHIBIT A. 2Ol4AERIAL NEIGHBORHOOD PHOTOGRAPH
EXHIBIT B - MIAMI BEACH 1932
EXHIBIT C - OCEAN BEACH HISTORIC DISTRICT
EXHIBIT D - HISTORIC PHOTOGRAPHS
EXHIBIT E - HISTORIC PHOTOGRAPHS
EXHIBIT F - HISTORIC PHOTOGRAPHS
EXHIBIT G - 2014 PHOTOGRAPHS
EXHIBIT H - 2014 PHOTOGRAPHS
EXHIBIT J - ARCHITECTURAL DETAIL PHOTOGRAPHS
EXHIBIT K - AERIAL PHOTOGRAPHS
EXHIBIT L - AERIAL PHOTOGRAPHS
EXHIBIT M - BUILDING CARD
EXHIBIT N - BUILDING RENOVATION PLANS
PLAN N I NG DEPARTM ENT RECOMMEN DATIONS
BOARD ACTION
4
4
5
11
12.
13.
12
13
13
13
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15
17
19
20
21
22
23
24
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37
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391
1.
36 OCEAN DRIVE DESIGNATION REPORT
DESIGNATION REQUEST
The applicant 36 OCEAN DRIVE HOLDINGS LLC requests the
designation as an individual historic site of the property containing a one
story commercial building located at 36 Ocean Drive (the "Property") and
amendment of the Land Development Regulations and Zoning Map of
the City of Miami Beach (the "City") to reflect historic designation. See
Exhibit A - Location Map.
DESIGNATION PROCESS
The process of historic designation is delineated in sections 118-591
through 118-593 in sub-part B of the Land development Regulations of
the City Code (Chapter 118, Article X, Division 4) An outline of the
process is delineated below:
Step One:A request for designation is made either by the City
Commission, The Historic Preservation Board, other
agencies and organizations as listed in the Land
Development Regulations of the City Code, or the
property owners involved. Proposals for designation
shall include a completed application for the Planning
Department.
The Planning department prepares a preliminaryStep Two:
evaluation report with recommendations for
consideration by the Board.
Step Three: The Historic Preservation Board considers the
preliminary evaluation to determine if proceeding with a
designation report is warranted.
The designation report is an historical and architectural
analysis of the proposed district or site. The report:
1) describes the historic, architectural and/or
archeological significance of th.e property or
subject area proposed for Historical Site or
District designation.
il.
392
Step Four:
36 OCEAN DRIVE DESIGNATION REPORT
2) recommends Evaluation Guidelines to be used
by the Board to evaluate the appropriateness
and compatibility of the proposed Developments
affecting the designated Site or District, and
3) will serve as an attachment to the Land
Development Regulations of the City Code.
The Designation Report is presented to the Historic
Preservation Board at a public hearing. lf the Historic
Preservation Board determines that the proposed site
or district satisfies the requirements for designation as
set forth in the Land development regulations of the
City Code, The Historic Preservation Board transmits a
recommendsfion in favor designation to the Planning
Board and City Commission.
The Planning Board will hold a public hearing the
proposed designation, and shall consider the
proposed historic designation as an amendment to the
Land development Regulations of the City Code and,
subsequently, transmit its recommendation to the City
Commission.
The Planning Board will hold a public hearing on the
proposed designation, and shall consider the proposed
historic designation as an amendment to the Land
development regulations of the Cig Code and,
subsequently, transmit its recommendation to the City
Commission.
The City Commission may adopt an amendment to the
Land Development Regulations of the City Code which
thereby designates the historic Preservation site or
Historic District after (1) public hearing for a parcel of
land less than 10 contiguous acres or after (2) public
hearings for a parcel of land which is more than (10)
contiguous acres.
Step Five:
Step Five:
Step Six:
ilt RELATION TO ORDINANCE CRITERIA
1. ln accordance with section 118-592 in the Land Development
Regulations of the City Code, eligibility for designation is
determined on the basis of compliance with the listed criteria set
forth below.
393
(a)
36 OCEAN DRIVE DESIGNATION REPORT
The Historic Preservation Board shall have the authority
to recommend that properties be designated as historic
buildings, historic structures, historic improvements,
historic landscape features, historic interiors
(architecturally significant public portions only), historic
sites or historic districts if they are significant in the
historical, architectural, cultural, aesthetic or
archeological heritage of the city, the county, state or
nation. Such properties shall possess an integrity of
location, design, setting, materials, workmanship,
feeling or association and meet at least one (1)of the
following criteria:
(1) Association with events that have made a
significant contribution to the history of the city,
the county, state or nation;
(2) Association with the lives of persons significant
in the city's past history;
(3) Embody the distinctive characteristics of an
historical period, architectural or design style or
method of construction ;
(4) Possess high artistic values;
(5) Represent the work of a master, serve as an
outstanding or representative work of a master
designer, architect or builder who contributed to
our historical, aesthetic or architectural heritage
(6) Have yielded, or are likely to yield information
important in pre-history or history;
(7) Be listed in the National Register of
Historic Places
(8) Consist of a geographically definable area that
possesses a significant concentration of site,
buildings or structures united by historically
significant past enter or aesthetically by plan or
physical development, whose components may
lack individual distinction.
394
2.
36 OCEAN DRIVE DESIGNATION REPORT
(b) A building, structure (including the public portions of the
interior improvement or landscape feature may be
designated historic even if it has been altered if the
alteration is reversible and the most significant
architectural elements are intact and repairable.
The property is eligible for designation as an historic site as it
complies with the criteria as specified in Section 118-592 in the
Land Development Regulations of the City Code outlined above.
(a) The Property is eligible for historic designation and in
conformance with the designation criteria for the
following reasons:
(1) Association with events that have made a
significant contribution to the history of the city.
county. state or nation.
The property is located in the first recorded sub-
division in Miami Beach. Designed int eh
Spanish / Mediterranean architectural style, this
one story commercial building was par to the
original building stock of the city and is now the
last remaining original building on its block of
Ocean Drive.
By the mid 1920's this stretch of Ocean Drive
and Collins Avenue constituted one of several
nodes of commercial activity within the City of
Miami Beach.
This neighborhood contained up to five bathing
Casrnos catering to many day-trippers from eh
mainland. Small one story commercial buildings
were developed on Collins to cater to the
immense pedestrian traffic in the area serving
the Casinos and Dog Track. lt is interesting to
note that the Building Card sfafes that the
building was to provide "sfores and living
quarters."
The demographic ares south of Sixth Sfreef
which possess a significant concentration of
buildings and sifes that are unified by the
historical development Ocean Beach as a vibrant
but modesf seaside resort, abundant with
395
36 OCEAN DRIVE DESIGNATION REPORT
enticing recreational amenities for the working
c/ass, and unusually welcoming to persons of
Jewish heritage."
(2) Association with the lives of persons significant
in the city's past history:
ln 1912 two Miami bankers, John N. Lummus and
James E. Lummus, formed the Ocean Beach Realty
Company and platted a small ocean-facing portion of
their land at the southern tip of Miami Beach.
ln South Beach the Ocean Beach Realty Company
assembled the traditional elements of a seaside resori
city: an 'oceanfront'boardwalk'as the setting for an
architectural promenade ;'bathing casinos' built along
the ocean; an entertainment pier and a mix of homes,
hotels and boarding houses."
(3) Embody the distinctive characteristics of an
historical period. architectural or design style or
method of construction:
This commercial building is an outstanding
example of the Spanish meiterrranean style of
architecture popular in the 1920's. lt's simple
materials and detailing are balanced in a
symmetrically simple one story structure
utilizing the structure and the masonry
downspoufs as fhe decoration.
The desire to transform Miami Beach into a
Mediterranean city corresponded with the ascendancy
of the Mediterranean revival style in Florida. ...lt's
appearance in Florida was contemporary with the
Spanish Colonial style popular in the early twentieth
century
Spanish Mediterranean architecture was the "style of
choice" for the first major boom period in Ocean
Beach. lts connotation of Mediterranean resort
architecture, combining expresslons of ltalian,
Moorish, North African and Southern Spanish themes,
was found to be an appropriate and commercially
appealing image for the new Floridian seasrde resort.
396
36 OCEAN DRIVE DESIGNATION REPORT
During the mid 1910s through the early 1930s the style
was applied to hotels, apartment buildings, commercial
structures, and even modest residences. /fs
architectural vocabulary was characterized by stucco
walls, low pitched terra cotta and historic Cuban tile
roofs, arches, scrolled or tile capped parapet walls and
articulated door surrounds, sometimes utilizing
Spanish Baroque decorative motifs and Classical
elements. Featured detailing r4las occasionally
executed in keystone.
Spanish Mediterranean architecture flourished in
Florida in a compressed time period, starting in 1917
when Pittsburgh architect Richard Kiehnel (1870-1944)
began designing...Kiehnelwas working on El Jardin in
Miami (Coconut Grove) the architect Addison Mizner (
1872-1933) was designing the Everglades Club in
Palm Beach.. A decade and a half later most architects
had turned their eyes to what we now call Art Deco..
Possess high artistic values:
By its nature as a modest commercial structure,
this one story building is not grandiose, but
admirably reflects the artistic values and design
influences of its time - with a dash of charm.
This commercial building is an outstanding
example of the Spanish Mediterranean style of
architecture popular in the 1920's.
Represent the work of a master. serve as an
outstanding or representative work of a master
designer. architect or builder who contributed to
our historical. aesthetic or architectural heritage
The Architect for this building - Fred Kloepfler is
a little known architect who practiced in Miami
Beach in the 1920's. His buildings were
designed in the Spanish Mediterranean
architectural style popular in the 1920's. His
animated designs for the multi-family apartment
buildings still existing at 1611 Michigan Avenue
and the Fenimore Apartments at 1200 Euclid
Avenue are most typical of that period and
feature a rich array of decorative elements..
(4)
(5)
397
36 OCEAN DRIVE DESIGNATION REPORT
(6) Have yielded. or are likely to yield information
important in pre-history or history;
This building plays an important role in defining
the commercial and residential development of
this area in the early years of Miami Beach.
The property is located in the first recorded
subdivision in Miami Beach. Having been
constructed in 1928 the building has served ifs
neighborhood for almost 90 years.
Historic designation of the propefty and
preservation of the building will ensure that the
historical record remains intact.
(7) Be listed in the National Register of
Historic Places
Although the structure is not presently listed in
the National Register of Historic Places, it
appears to have clear potential to be determined
to be eligible for historic designation.
The only reason that the building was not
originally included within the boundaries of the
Ocean Beach Historic District were then current
politicalreasons. The edges of the proposed
historic district back in 1995 or so were
gerrymandered in order to satisfy numerous
competing visions and obtain the necessary
votes for the district.
(8) Consist of a geographically definable area that
possesses a significant concentration of site.
buildings or structures united by historically
significant past enter or aesthetically by plan or
physical development. whose components mav
lack individual distinction.
Not applicable to an individual historic site
designation.
10
398
36 OCEAN DRIVE DESIGNATION REPORT
(b) A building. structure (including the public portions of the interior
improvement or landscape feature may be designated historic
even if it has been altered if the alteration is reversible and the
most significant architectural elements are intact and repairable.
While sorne alteration had been made over the years through
examination of historic photos, the building retains many of its
significant architectural elements,
ln many of the historic photographs the front facade is boarded
over with various srgrns hung in front of the architectural
elements - thus ironically in most cases protecting the historic
arch itectu ral elements beh ind.
lV. GENERAL DESCRIPTION of BOUNDARIES
The property is a 50'x 150'rectangular lot located mid-block on Collins
Avenue between South Point Drive and 1st Street in the City of Miami
Beach. This property is in the midst of new development on all sides as
can be seen in the included photographs elsewhere in this report.
Folio Number: 02-4203-003-0040
Legal Description: Ocean Beach Fla Sub PB-38; Lot 4 Blk 1
Owner: 36 Ocean Drive Holdings LLC
Sub-Division: Ocean Beach Florida Sub-Division
Lot Size: 5,750 SF
Year Built: 1928
399
V.
36 OCEAN DRIVE DESIGNATION REPORT
GENERAL DESCRIPTION OF THE SITE IN CURRENT CONDITION
The Property contains a one story commercial structure that covers the
front portion of the property facing Ocean Drive. Designed by the
Architect Fred Kloepfler and built in 1928 according to the Building Card,
the original building was a simple rectangle.
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The building facade facing Ocean Drive is split into a tripartite
composition, with two full-height glazed retailwindows with concrete
knee-wall at each side of a central main entrance. The entire design is
very symmetrical and centered upon the masonry arch above the main
entrance.
The roofline is notable for the two rows of continuous spanish tile
interrupted only by the four vertical columns. And even the roof drains
become part of the overall design.
The year 1928 was pivotal for architects of that time. They relied upon
the popular spanish mediterranean style, yet this was by now looking
quite formulaic. At the same time the 1925 Exposition des Arts Decoratifs
had ignited the art deco craze which was to soon transform Miami Beach
during the 1930's.
36 Ocean Drive expresses this duality of vision with the strong structural
statement of the four vertical columns which alludes to the expression of
structure as design - balanced by the more delicate spanish med details
at the central arch and the roofline tile detailing.
12
400
vt.
36 OCEAN DRIVE DESIGNATION REPORT
PRESENT OWNER
The present Owner of the Property is the Applicant:
36 Ocean Drive Holdings LLC
who has owned this property since 12.12.2013
PRESENT USE
The building has served several noted restaurants in past years and the
Owners intend to continue to use the building as a restaurant.
PRESENT ZONING
Zoning Classification for this property is: C-PS1- City of Miami Beach
HISTORICAL BACKGROUND
Mlami Beach was so very different back in 1928 when this simple one
story building fronting on Ocean Drive was constructed.
Designed by the Architect Fred Kloepfler in 1928, this building was actually part
of a larger retail structure noted on the Building Card as being 34, 36, 38 & 40
Ocean Drive. Renovations on the Building Card also attest to all of these
address numbers.
The neighborhood surrounding this building location was once of the city's then
local 'epicenters' of activity...with three Bathing Houses within a three block
walk on Ocean Drive plus the Dog Track and Joe's Stone Crab just around the
corner.
"Situated at the southern tip of present day Miami Beach and surrounded by a
magnificent expanse of tropical blue water and boundless sky, Ocean Beach
became a magnet for pioneer tourists and adventurous residents of fledgling
Miami in the early twentieth century." (1)
"The Ocean Beach Historic District includes parts of the original Ocean Beach
Subdivision platted in 1912 and parts of Ocean Beach Additions 3 and 4 platted
in 1914, as well as part of the Friedman and Cope Subdivision platted in 1917.
The location of these boundaries has been determined through careful
investigation and research of building records. The demographic areas south of
Sixth Street which possess a significant concentration of buildings and sites
that are united by the historical development of Ocean Beach as a vibrant but
modest seaside resort, abundant with enticing recreational amenities for the
working class, and unusually welcoming to persons of Jewish heritage." (2)
vil.
vilt.
tx.
13
401
36 OCEAN DRIVE DESIGNATION REPORT
"By 1912, this idyllic aquatic resort area had begun to attract the interest of a
cast of personalities who would, in their own ways, play important roles in the
development of Miami Beach as a destination in the sun." (3)
"The first planning act occurred in 1912, when two Miami bankers, John N.
Lummus and James E. Lummus, formed the Ocean Beach Realty Company
and platted a small ocean-facing portion of their land at the southern tip of
Miami Beach." (4)
"...as late as 1917, Miami Beach was described as a wilderness. /f was a sub-
tropical barrier island comprising three interrelated ecosystems; a beach along
the Atlantic ocean-front that merged with the dunes and the remnants of earlier
coconut tree plantings; a low scrub forest in the interior; and a belt of
mangroves facing Biscayne Bay on its west side." (5)
"ln South Beach the Ocean Beach Realty Company assembled the traditional
elements of a seaside resort city: an 'oceanfront'boardwalk'as the setting for
an architectural promenade;'bathing casinos'built along the ocean; an
entertainment pier and a mix of homes, hotels and boarding houses." (6)
"During the 1920's and 1930's Ocean Beach south of 6th Street became a
thriving seaside resort and recreational. area. The 1935 Franklin Suruey of
Miami Beach records several substantial recreational facilities" - including: (7)
* Hardie's Beach Casino - on the ocean between 1st and 2nd Streets.* The Biscayne Plaza Theatre at the SW corner Biscayne Street & Collins Ave.* Collins Arcade at SE corner 1st Street & Ocean Drive* Dixie Bath House at SE corner 1st Street and Ocean Drive* The Grandstand and Club house at Collins Ave & Government Cut.* The Mlami Beach kennel Club Racetrack at the foot of ocean Drive on
Biscayne Street.* Cook's Casino SE corner Sth Street and Ocean Drive* Million Dollar Pier on the ocean at the east end of Biscayne Street* MInsky's Burlesque on Million Dollar Pier
"Ocean Beach below Sixth Street was clearly not built for the social elite as
areas further north were. The Lummus brothers development philosophy was to
build a modest resort community by the sea welcoming to the common man.
The small scale and simplicity of the architecture is reflective of this attitude and
is a significant characteristic of the area. The generally modest Art Deco and
Mediterranean Revival hotels on the east side of Ocean Beach were
complemented by simple Bungalow blocks on the west side. Handsome two
and three story aparlment houses reflecting their period of construction filled
the center of Ocean Beach. Some of these were smallArt Deco gems." (8)
402
X.
36 OCEAN DRIVE DESIGNATION REPORT
"Eventually a strong Jewish retail, institutional and residential presence
manifested itself in Ocean Beach, especially along Washington and Collins
Avenues and Ocean Drive. ln the middle decades of the twentieth century,
these streets were dotted with small Jewish businesses and apartments filled
with Jewish tenants.( 9) ln a two block area on Collins Avenue betvveen Third
and Fifth Streets, for example, four Kosher markets and delicatessens later
opened to serue a growing clientele. T.D. Allman, Miami - City of the
Future." (9)
ARCH ITECTURAL BACKGROUND
The structure located at 36 Ocean Drive in Miami Beach was designed by the
architect Fred Kloepfler and built in 1928 and is a good example of mid-1920's
Spanish -Mediterranean commercial architecture.
It is the sole remaining original structure left on its block fronting onto Ocean
Drive. The building itself is a fairly typical representation of a retail / restaurant
structure of that era in the Spanish / Mediterranean style with an elegant
roofline and simple detailing of technical elements like roof spouts..
The building size is noted as being 50'-0" at front and 50'-0" depth. The original
building cost is noted as $9,000.00. Several notable restaurants have lately
occupied this building including Taverna Opa and Phillippe. ln past years this
building has also housed establishments such as the Ocean Drive Restaurant
in 1962, Happy Apple Juice Bar in 1972 and the 'This & That Store' in
1976..according to the Building Card.
The front elevation facing Ocean Drive features large picture windows flanking
a central door entrance. The simple Mediterranean detailing includes selected
use of Spanish roof tiles as well as utilizing the roof downspouts as decorative
elements to match the tiles at the front elevation.
Very little is known or could be researched and discovered about the Architect
Fred Kloepfler. The city of Miami Beach Building Department / Records Desk
did supply the Building Card listing Fred Kloepfler as the architect of this
building along selected renovation drawings over the years by other architects.
I spoke with Miami Beach Historian Carolyn Klepser who did not have any
additional information on this architect, although she stated that in addition to
36 Ocean Drive that the following four properties are attributed to this Architect:
. 1200 Euclid Ave Fenimore Apartments. 900 6th Street Esplanade (demolished). 3958 Chase Avenue Residence 1925. 1611 MichiganAve 1925
15
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35 OCEAN DRIVE DESIGNATION REPORT
SPANISH / MEDITERRANEAN STYLE ca. mid 1e10s - early 1e30
"The desire to transform Miami Beach into a Mediterranean ciU corresponded
with the ascendancy of the Mediterranean revival style in Florida. ...lt's
appearance in Florida was contemporary with the Spanish Colonial style
popular in the early twentieth century and evoked notably at San Diego's 1915
Panama-Cal ifornia exposition. " (1 8)
"Architects and developers working in Florida were quick to see the value of
imposing the template of a stylistically unified and regionally appropriate civic
art into its growing new cities. The Mediterranean Revival defined the style of
the 1920's in Miami Beach, and because it also embodied new planning
paradigms, set the stage for the modern city of the next decade."(18)
Spanish Mediterranean architecture was the "style of choice" for the first major
boom period in Ocean Beach. lts connotation of Mediterranean resort
architecture, combining expressions of ltalian, Moorish, North African and
Southern Spanish themes, was found to be an appropriate and commercially
appealing image for the new Floridian seaside resort.
During the mid 1910s through the early 1930s the style was applied to hotels,
apartment buildings, commercial structures, and even modest residences. lts
architectural vocabulary was characterized by stucco walls, low pitched terra
cotta and historic Cuban tile roofs, arches, scrolled or tile capped parapet walls
and articulated door surrounds, sometimes utilizing Spanish Baroque
decorative motifs and Classical elements. Featured detailing was occasionally
executed in keystone.
Application of the architectural vocabulary in Ocean Beach ranged from sparing
to modestly exuberant, and building massing varied from simple rectangular
form to stepped massing with recessed wall planes and tower-like comer
features. Wooden casement or double hung windows of several configurations
provided additional detailto the facades.
"lt was intended largely, to look Spanish, but it wasn't Spanish; it was a
composite of Spanish Renaissance, Andalusian Moorish, TtJscan, Venetian,
and Roman architectural elements, with allusions to classical Greece, Baroque
France and virtually any other place or era that seemed to fit." (3)
"Mediterranean Revival architecture flourished in Florida in a compressed time
period, starting in 1917 when Pittsburgh architect Richard Kiehnel (1870-1944)
began designing...Kiehnel was working on ElJardin in Miami (Coconut Grove)
the architect Addison Mizner (1872-1933) was designing the Everglades Club in
Palm Beach.. A decade and a half later most architects had turned their eyes to
what we now callArt Deco.." (4)
'16
404
xt.
36 OCEAN DRIVE DESIGNATION REPORT
PLANNING CONTEXT
Cities evolve and change over time due to an array of circumstances. Historic
Site designation will aid in the achievement of preserving the character and
architectural integrity of historic buildings for future generations, and will help
to protect historic buildings, streetscape and open space for inappropriate or
undesirable alterations. The review and approval of projects for historic sites
under the City's Design Guidelines and the Historic Preservation Ordinance will
ensure smart development which is sensitive to the unique aesthetic character
of the sites and respectful of their early origins.
BIBLIOGRAPHY NOTES
(1) City of Miami Beach Historic District Designation Report for the Ocean Beach Historic
District, Octobel 1995, p. 11(2) lbid., p. 7.(3) Ibid., p. 13.(4) The Making of Miami Beach 1933-1 942 by Allan T. Shulman and Jean Francois LeJeune,
2000, p.8.
(5) rbid.(6) lbid., p.16
(7) City of Miami Beach Historic District Designation Report for the Ocean Beach Historic
District, October, 1995 p.14
(8) lbid., p.17.
(e) rbid.
(10) lbid., pp. 18-19.
(11) lbid., p.1e.
(12) rbid.
(13) Arthur Marcus, "Ocean Beach Historic District: CMB Historical Data Base Expansion
Committee 'Report". p.2.) part of City of Miami Beach Historic District Designation
Report for the Ocean Beach Historic District, October, 1995
(14) City of Miami Beach Historic District Designation Report for the Ocean Beach Historic
District, October, 1995 p.19.
(15) lbid., pp. 18 - 19
(1 6) Progressive Architecture Magazine, "Miami" August'1 980, p.62.
(17) City of Miami Beach Historic District Designation Report for the Ocean Beach Historic
District, October, 1995, p. 13
(18) The Making of Mlami Beach 1933-1942 by Jean Francois LeJeune andAllan t. Shulman
pp.20-21.
(19) "lnventing Antiquity: The Art and Craft of the Mediterranean Revival Architecture" by Beth
Dunlop in the Journal of Decorative and Propaganda Arts 23 (1998): p.191 .(20) lbid., p. 192.
(21) Minsky's Burlesque courtesy of HistoryMiami
(22) Smith's Casino", 1927 courtesy HistoryMiami
XIV.
17
405
36 OCEAN DRIVE DESIGNATION REPORT
EXHIBITS
1B
406
36 OCEAN DRIVE DESIGNATION REPORT
EXHIBITA: 2014 AERIAL PHOTOGRAPH COURTESY GOOGLE EARTH
19
407
36 OCEAN DRIVE DESIGNATION REPORT
LINCOLN ROAD_LUMMUS PARK_FLAMINGO
Frcd J. Robin:on
P,RGrrl-\
O. J. trlul,ord i :du'FISHER BLDG, <ouerc
HOTEL_BELLE
qolr
ISLE AND STAR ISLAND
!E+
Bigelow
Gartoa
,n:-lL.#
Es
VTLLA YENICE
C
@#:.
VAN NESS HOTEL
L J. Lumrmur
CASA C,{SUARIITAL Grolc
A. McSwccney
\tr, Hodgcr
Hr;old F. Klock
C. A. Rcnrbav
SHOREfARK HOTEL
'- Vel Qleary
HEAT},ICOTE APT!.
BETTCH fAnK HOTEL
a
Col. E. H. R. Grecn
$r
F- E- Lcwia ".-.- -t-J. Fleirhmaa--
Mrs- K. Talbot - -
H. Young
-Wcbb Jay
C. P. BcntleY
-J. Metthcws
E. Grar*lli
G. H. Ear! "-'
W. P. Adamc
FLEETWOOD
C. R. Darhiell
J. H. Warc
J, J. CoYlc
"* r)
v
BEACH CARDET{ 4RESTAURANT .;iiiiirho w
0,
o
FLORIDTAN
J. A. .Alliron Ert
J. W, Popham
u
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THL PIER
. B. KENNEL CLUI
ki^",
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EXHIBIT B: ..MAP OF MIAMI BEACH SOUTH OF LINCOLN ROAD, PUBLISHED BY FRANK F.
STEARNS IN 1932 COURTESY CAROLYN KLEPSER "LOST MIAMI BEACH" P. 47.
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20
408
36 OCEAN DRIVE DESIGNATION REPORT
e(tD
MrD l: . Proporcd (hcln Bcrth ltriclorlc Dbtrlct bolldrrhl g rtcouncudcd by ttc
city of Mhmi Bcerh Flanniag Drcig! &Ili*orlc Pr:ccrvrtba DMdon
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OCEAN BEACII HI8TOnIC DISTRICT
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EXHIBIT C:OCEAN BEACH HISTORIC DISTRICT
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409
36 OCEAN DRIVE DESIGNATION REPORT
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EXHIBIT D: 1992 PHOTOGRAPH ABOVE AND 1972 PHOTOGRAPH BELOW
COURTESY OF THE MIAMI DADE PROPERTYAPPRAISER'S OFFICE
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EXHIBIT E: circa 1972
PHOTOGRAPHS COURTESY OF
THE MIAMI DADE PROPERTY
APPRAISER'S OFFICE
23
411
36 OCEAN DRIVE DESIGNATION REPORT
EXHIBIT F: ABOVE & BELOW:2012 PHOTOGRAPHS
24
412
36 OCEAN DRIVE DESIGNATION REPORT
EXHIBIT G. 2014 PHOTOGRAPHS
413
36 OCEAN DRIVE DESIGNATION REPORT
EXHIBIT H..2014 PHOTOGRAPH LOOKING NORTH ON OCEAN DRIVE
26
414
36 OCEAN DRIVE DESIGNATION REPORT
EXHIBIT J: ARCHITECTURAL DETAILS
ET
415
36 OCEAN DRIVE DESIGNATION REPORT
EXHIBIT K: AERIAL PHOTOGRAPHS -ABOVE: OCEAN BEACH 1932 and
BELOW: OCEAN BEACH circa 1987 POSTCARD COURTESY COLLECTION OFARTHUR MARCUS
2B
416
36 OCEAN DRIVE DESIGNATION REPORT
EXHIBIT L, 2014 GOOGLE EARTH VIEW OF OCEAN BEACH
29
417
36 OCEAN DRIVE DESIGNATION REPORT
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2OO1 RENOVATION PLAN
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PLANNING DEPARTMENT RECOMMENDATIONS
1. Criteria for Desisnation: The Planning Department finds the structure located at 36
Ocean Drive to be in compliance with the Criteria for Designation listed in Section 118-
592 in the Land Development Regulations of the City Code.
2. Site Boundaries: At its February 10, 2015 meeting, the Historic Preservation Board
reviewed the Historic Designation Report and adopted the site boundary
recommendations of the Planning Department for the proposed designation of 36 Ocean
Drive, as Lot 4 less the easterly 15.00 feet of Block 1 of Ocean Beach Fla Subdivision,
According to the Plat Thereof, as Recorded in Plat Book 2, Page 38, of the Public
Records of Miami-Dade County, Florida.
3. Areas Subiect to Review: The Planning Department recommends that the areas
subject to review shall include all exterior building elevations, public interior spaces, and
site and landscape features located within the proposed site boundaries of 36 Ocean
Drive.
4. Review Guidelines: The Planning Department recommends that a decision on an
application for a Certificate of Appropriateness shall be based upon compatibility of the
physical alteration or improvement with surrounding properties and where deemed
applicable in substantial compliance with the following:
a. The Secretarv of the lnterior's Standards for Rehabilitation and Guidelines for
Rehabilitatinq Historic Buildinqs, as revised from time to time;
b. Other guidelines/policies/plans adopted or approved by resolution or
ordinance by the City Commission;
c. All additional criteria as listed under Section 118-5M (b) in the Land
Development Regulations of the City Code;
d. City of Miami Beach Design Guidelines as adopted by the Joint Design
Review/Historic Preservation Board on October 12, 1993, amended June 7,
1994, as may be revised from time to time.
BOARDACTION
At its January 13, 2015 meeting, the Historic Preservation Board reviewed the preliminary
evaluation report and directed staff to prepare a Designation Report relative to the individual
historic site designation of 36 Ocean Drive.
On February 10, 2015, the Historic Preservation Board reviewed a Designation Report
relative to the historic designation of 36 Ocean Drive as a local historic site and approved a
motion (7 to 0) to recommend approval of the designation of the proposed 36 Ocean Drive
Historic Site to the City Commission.
On March 24,2015, the Planning Board reviewed a Designation Report relative to the historic
designation of 36 Ocean Drive as a local historic site and approved a motion to recommend
approval of the designation to the City Commission.
40
428
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THIS PAGE INTENTIONALLY LEFT BLANK
430
COMMISSION ITEM SUMMARY
Gondensed Title:
First Reading to consider Ordinance Amendments to the Future Land Use Map (FLUM) of the
City of Miami Beach Plan and Chanoes to the Zoninq Districts Mao.
lntended Outcome
Clerk's Office lative Tracki
AGENDA ITEM R 5I
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
ent across the Ci
Supporting Data (Surveys, EnvironmentalScan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth by the City to requlate development is "about the riqht amount."
ltem Summary/Recommendation :
FIRST READING- PUBLIC HEARING
The proposed Ordinance amendments would:1. Amend Policy 1.2 of the Future Land Use Elementof the Comprehensive Plan of the City of
Miami Beach by modifying the Parking (P) Future Land Use Category to allow for residential
uses when abutting a land use category that permits such uses.
2. Change the Zoning District Classification for a parcel of land located a1226 87th Terrace from
the current GU, "Government Use District", to RM-2, "Residential, Multifamily Medium
lntensity" District;
The Administration recommends that the City Commission open and continue the item to date certain
of September 2,2015.
On August 26, 2014 the Planning Board recommended approval of the subject Ordinances by a vote
of 6 to 0 (Planning Board File Nos. 2200 &2203).
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long{erm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Thomas Mooney
T:\AGENDA\2015\June\226 87th Terrace Comp Plan Amnd and Zoning Change -
MIAMIBEACH DArE 6-(0-tf431
MIAM!BEACH
City of Miomi Beoch, .l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
/
To: Mayor Philip Levine and Members f the City /ommission
FRoM: Jimmy L. Morales, City Manager |-=', lG
DATE: June 10,2015
SUBJECT: 226 87th Terrace
Parking (P) Gategory - Comprehensive Plan Amendment. The applicant, the
City of Miami Beach, is requesting an amendment to Policy 1.2 of the Future
Land Use Element of the Comprehensive Plan of the City of Miami Beach
pursuant to the procedures in section 163.3184(3), Florida Statutes, by modifying
the Parking (P) Future Land Use Category to allow for residential uses when
abutting a land use category that permits such uses.
226 87th Terrace - Zoning Map Change. The applicant, the City of Miami
Beach, is requesting an amendment to the Official Zoning District Map,
referenced in Section 142-72 of the Code of the City Of Miami Beach, Florida,
pursuant to Section 118-162, "Petitions for Changes and Amendments," by
changing the Zoning District Classification for a parcel of land located at226 87lh
Terrace, and which is comprised of less than 10 acres, from the current GU,
"Government Use District", to RM-2, "Residential, Multifamily Medium lntensity"
District.
ADMINISTRATION RECOMMEN DATION
The Administration recommends that the City Commission open and continue the item to
a date certain of September 2,2015.
BACKGROUND
On June 11,2014, at the request of Commissioner Deede Weithorn, the City
Commission referred a discussion item to the Land Use and Development Committee
(ltem C4J), regarding the rezoning of City-Owned land. Additionally the matter was
referred to the Planning Board.
On July 9,2014 the Land Use and Development Committee recommended approval of
the proposed rezoning.
A proposal has been put forward, in combination with the privately held parcel to the
FIRST READING PUBLIC HEARING
432
Commission Memorandum
226 8/h Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
June 10,2015 Page 2 of 2
immediate south, for a new main use parking structure. A re-zoning of the City owned
'GU' property is necessary in order to provide a consistent zoning designation for the
combined, larger site. Additionally, a Comprehensive Plan Amendment to allow for
residential uses in the 'Parking (P)'future land use category when it abuts a land use
category that allows residential uses is required to maintain consistency between the
Land Development Regulations and the Comprehensive Plan as required by Section
163.3201, Florida Statutes.
On November 19, 2014, the City Commission opened and continued the item on First
Reading to a date certain of December 17,2014. On December 17,2014, the item was
continued to a date certain of February 11,2015. On February 11,2015, the item was
continued to a date certain of April 15, 2015. On April 15, 2015 the item was continued
to a date certain of June 10,2015.
ANALYSIS
The Proposal
The subject property at 226 87th Terrace is currently zoned "GU Government Use
District" and is owned by the City. The subject site, which is sandwiched between Collins
and Harding Avenue on the northern boundary of the City, contains an open lot on the
west and a public parking lot on the east side. To the immediate south of the subject GU
site is a parking lot (zoned RM-2) owned by 8701 Collins Development, LLC, which is
also the owner of the "Biltmore Terrace" and adjacent parking lot to the east at 8701
Collins Avenue.
A proposal has been put forward, in combination with the privately held parcel to the
immediate south, for a new main use parking structure. The following is requested as
part of the subject applications:
1. A Comprehensive Plan Amendment to allow for residential uses in the Parking
(P) Category future land use designation, to allow that designation to be
compatible with the surrounding residential categories.
2. A re-zoning of the City owned 'GU' property to 'RM-2', which is necessary in
order to provide a consistent zoning designation for the combined, larger site.
A separate code amendment is pending before the Planning Board that proposes to: (i)
establish regulations for main use garages and sign criteria for ground floor commercial
uses in parking garages located in the RM-2 district adjacent to North Shore Open
Space Park; and (ii) establish a process in which the City may erect City ldentification
Signs near the City's main entry points.
The proposed main use garage would include a mix of at least 100 public parking
spaces, private parking spaces, ground floor commercial uses, and residential uses. The
proposed building would also incorporate entrance signage for the City. The goal of the
development is to provide a signature building at the entrance to the City that will
facilitate pedestrian activity in the area, encourage the public's use of the beach and the
North Shore Open Space Park, while enhancing the supply of public parking in the area.
Regardless of the subject ordinance, any development proposed for the site will be
subject to design review and site plan approval.
433
Commission Memorandum
226 |fh Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
June 10,2015 Page 3 of 3
Planning and Zoning lssues
The "Parking (P)'future land use category provides for the following:
Purpose: to provide development opportunities for existing and new parking
facilities.
Uses which may be permitted; Parking facilities and commercial uses when
located on frontage opposite a land use category that permits commercial use.
The proposed development complies with this purpose, as it will be a main use garage.
However, residential uses are presently not permitted in this category. This can result in
garages that are incompatible with surrounding communities, especially if a garage is
located in an area that is primarily residential. Therefore an amendment is required in
order to ensure that main use garages that are compatible with the surrounding
residential districts. lt should be noted that for other sites with a future land use
designation of Parking (P), a zoning change or amendment will be required if they are
designated GU in order to have residential uses.
The GU zoning only allows government buildings and uses, including but not limited to
parking lots and garages; parks and associated parking; schools; performing arts and
culturalfacilities; monuments and memorials. Residential uses within a main use garage
would not be permitted by the present Comprehensive Plan and zoning regulations, and
requires an amendment to the permitted uses in the future land use category and a
change to the zoning designation that would allow the desired residential use as a main
permitted use.
It is proposed that the Parking (P) future land use category be amended to allow for
residential uses subject to the density of the lowest abutting residential land use
category. lt is also proposed that the subject property be rezoned from "GU Government
Use District" to the .RM-2 Residential, Medium lntensity" district, as that would allow
both the residential use and parking garages. The proposed changes are compatible
with the properties abutting the site along Collins Avenue and Harding Avenue which are
zoned for multifamily residential uses.
City Charter lssues
The request for changing the Zoning Map of the City is affected by the following City
Charter provision: Sections 1.03 (c), which partially states.
The floor area ratio of any property or street end within the City of Miami Beach
shall not be increased by zoning, transfer, or any other means from its current
zone floor area ratio as ff exrsfs on the date of adoption of this Charter
Amendment (November 7, 2001), including any limitations on floor area ratios
which are in effect by virtue of development agreements through the full term of
such agreements, unless such increase in zone floor area ratio for any such
property shall first be approved by a vote of the electors of the City of Miami
Beach.
ln review of the floor area ratio (F.A.R.) limitation on the subject parcels, which are
currently zoned GU (Government Use), the following applies:
434
Commission Memorandum
226 7lh Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
June 10,2015 Page 4 of 4
Sec. 142-425 (a). Development regulations.
The development regulations (setbacks, floor area ratio, signs, parking, etc.) in
the GU governmenf use district shall be the average of the requirements
contained in the surrounding zoning disfnbfs as determined by the planning and
zoning director, which shall be approved by the city commission.
The abutting zoning of the subject parcel, which is used to calculate the F.A.R. of the
parcel, is RM-2, which allows a maximum F.A.R. of 2.0. As the proposed zoning change
to RM-2 does not increase the established F.A.R. for the subject parcels, the requested
amendment complies with the requirements of the referenced Charter provision, subject
to City Commission approval. ln addition, the proposal is for a main use garage, which
is not subject to the F.A.R. limits of the underlying zoning district pursuant to Section
130-68 (6) of the Land Development Regulations.
Comprehensive Plan lssues
This application includes a text amendment to Policy 1.2 of the Future Land Use element
of the Compressive Plan. Under Section 163.3184(2), F.S., this amendment shall follow
the expedited state review process for adoption of comprehensive plan amendments.
This process requires a public hearing by the local planning agency (Planning Board), a
public transmittal hearing before the City Commission, after which the amendment must
be transmitted to several state agencies for a 30-day review period, and a final adoption
public hearing before the City Commission. The amendment is effective 31 days after it
is adopted if there are no appeals.
lnterloca! Agreement for Public School Facility Planning
The 2005 Florida Legislature adopted laws which are incorporated in the Florida
Statutes, requiring each local government to adopt an intergovernmental coordination
element as part of their comprehensive plan, as well as a statutory mandate to
implement public school concurrency. The Parking (P) future land use category as
proposed will allow a density limited by the lowest abutting residential district, which in
this case will be that of RM-'l or 60 units per acre. The lot area of this parcel is 0.35
acres. Based upon this data, the maximum number of units that could be developed for
this area is 21 units. The 0.35 acre lot to the south (7925 Collins Avenue) with an
underlying RM-2 future land use designation allows for a maximum density of 100 units
per acre, or a total of 35 units. At this time, it is expected that the proposal for the
combined site will contain approximately 24 units, which is less than the maximum
number of units allowed on the existing RM-2 site.
Final site plan approval is contingent upon meeting Public School Concurrency
requirements and the applicant will be required to obtain a valid School Concurrency
Determination Certificate (Certificate) issued by the Miami-Dade County Public Schools.
Such Certificate will state the number of seats reserved at each school level. ln the
event sufficient seats are not available, a proportionate share mitigation plan shall be
incorporated into a tri-party development agreement and duly executed prior to the
issuance of a Building Permit.
435
Commission Memorandum
226 7y'h Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
June 10,2015 Page 5 of 5
PLANNING BOARD REVIEW
On August 26, 2014, the Planning Board (by a 6-0) transmitted the proposals to the City
Commission with a favorable recommendation
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City, and
should increase the property's value, as new development is added to the City's tax
rolls.
SUMMARY
The proposed amendment to Policy 1.2 of the Future Land Use Element of the City's
Comprehensive Plan and the change to the Zoning Map will allow for a main use parking
garage with residential and commercial components, which would add value to the site
as well as be a visual and aesthetic improvement to the neighborhood. These
amendments must be processed together, as they are interrelated to one another,
however, separate motions must be made for each application.
CONCLUSION
The Administration recommends that the City Commission open and continue the item to
a date certain of September 2,2015.
JLM/JMJ/TRM/RAM
T:\AGENDA\201SUuneV26 87th Terrace Comp Plan Amnd and Zoning Change - 1st Reading MEM O&C.docx
436
Commission Memorandum
226 8/h Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
June 10,2015 Page 6 of 6
Aerial
75 150 Location:
22687th Terrace
437
Commission Memorandum
226 |fh Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
June 10,2015 Page 7 o'f 7
Future Land Use
Location:
226871h Terrace
438
Commission Memorandum
226 ?lh Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
June 10,2015 Page I o'f 8
Zoning (Existing)
300 Feet Location:
22687th Terrace
T o w n Lo-f-S-u.r-f-s-i.d e
CitY Limits
439
Commission Memorandum
226 8lh Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
June 10,2015 Page 9 of 9
Zoning (Proposed)
f-S.u.r-f-s-i
CitY Limits
75 150 Location:
226871h Terrace
440
COMPREHENSIVE PLAN - PARKING CATEGORY
ORDINANGE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAM! BEACH, FLORIDA, PURSUANT TO THE
PROCEDURES lN SECTION 163.3184(3), FLORTDA STATUTES, TO
AMEND POLICY 1.2 OF THE FUTURE LAND USE ELEMENT OF THE
COMPREHENSIVE PLAN BY MODIFYING THE PARKING (P) FUTURE
LAND USE CATEGORY TO ALLOW FOR RESIDENTIAL USES WHEN
ABUTTING A LAND USE CATEGORY THAT PERMITS SUCH
USES; PROVIDING FOR INCLUSION !N THE COMPREHENSIVE
PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach seeks to encourage and incentivize new
development in the North Beach area; and
WHEREAS, the City of Miami Beach seeks to ensure that main use parking
garages are compatible with surrounding neighborhoods and uses; and
WHEREAS, amending the Future Land Use category of the subject parcel as
provided herein is necessary to ensure the development of that property will be
compatible with development in adjacent and surrounding areas, and will contribute to
the general health and welfare of the City; and
WHEREAS, the City of Miami Beach has determined that changing the Future
Land Use category of the subject parcel as provided herein will ensure that new
development is compatible and in scale with the built environment, and is in the best
interest of the City;
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. The following amendment to the Parking (P) category in Policy 1.2 of the
City's Comprehensive Plan Future Land Use Element:
arking (P)
Purpose: to provide development opportunities for existing and new parking facilities.
Uses which may be permitted; Parking facilities, residential and commercial uses when
located on frontage opposite a land use category that permits residential or commercial
USES.
Densitv Limits for anv residential use shall be equivalent to the least intense densitv limit
of the abuttinq residential future land use district.
441
SECTION 2. REPEALER
All Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
SECTION3. SEVERABILITY
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION4. 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 sections of this Ordinance may
be renumbered or relettered to accomplish such intention; and that the word "ordinancer'
may be changed to "section" or other appropriate word. The Exhibits to this Ordinance
shall not be codified, but shall be kept on file with this Ordinance in the City Clerk's
Office.
SECTION 5. 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 6. EFFECTIVE DATE.
This ordinance shall take effect 31 days after adoption pursuant to Section
163.3184(3) F.S.
PASSED AND ADOPTED this day of 2015.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM
^ nruo.#nD=?i3,yi3=R l-rr ):(]" =^';:' i") -',
j
First Reading: April 15,2015
Second Reading: May 6, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underline = new language
S+i*e+nreush = deleted language
[Sponsored by Commissioner Weithorn]
T:\AGENDAV015\AprilV26 87th Tenace Comp Ptan Amnd - 1st Reading ORD.docx
442
Rezoning - 226 87th Terrace
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAM! BEACH, FLORIDA, AMENDING THE OFFICIAL
ZONING DISTRICT MAP, REFERENCED IN SECTION 142.72 OF THE
CODE OF THE CITY OF M!AM! BEACH, FLORIDA, BY CHANGING
THE ZONING DISTRICT CLASSIFICATION FOR THE PARCEL
LOCATED AT 226 87TH TERRACE, FROM THE CURRENT ZONING
CLASSIFICATION OF GU, "GOVERNMENT USE DISTRIGT," TO THE
PROPOSED ZONING CLASSIFICATION OF RM.2, "MULTIFAMILY
RESIDENTIAL, MEDIUM INTENSITY"; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTM
DATE.
WHEREAS, the City of Miami Beach seeks to encourage and incentivize new
development in the North Beach area; and
WHEREAS, changing the zoning classification of the subject parcel as provided
herein is necessary to ensure the development of that property will be compatible with
development in adjacent and surrounding areas, and will contribute to the general health
and welfare of the City; and
WHEREAS, the City of Miami Beach has determined that changing the zoning
classification of the subject parcel as provided herein will ensure that new development
is compatible and in scale with the built environment, and is in the best interest of the
City;
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. MAP AMENDMENT The following amendments to the City's zoning map
designations for the properties described herein are hereby approved and adopted and
the Planning Director is hereby directed to make the appropriate changes to the zoning
map of the City:
A parcel of land generally located at 226 87th Terrace, of approximately
15,313 square feet (0.35 acres), as depicted in Exhibit "4," from the
current GU "Government Use District," to the proposed zoning
classification RM-2, "Residential Multifamily, Medium Intensity".
SECTION 2. REPEALER
All Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
443
SECT!ON 3. SEVERABILITY
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION
It is the intention of the City Commission that the Official Zoning District Map,
referenced in Section 142-72 of the Code of the City of Miami Beach, Florida be
amended in accordance with the provisions of this Ordinance.
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect 31 days after adoption to correspond to the
adoption date of the Future Land use Map of the City's Comprehensive plan.
PASSED AND ADOPTED this _ day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
First Reading: April 1 5,2015
Second Reading: May 6, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
[Sponsored by Commissioner Weithorn]
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
T:\AGENDAVO15\April\226 87th Tenace Rezone - 1st Reading ORD.docx
444
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22NE I THURSDAY. MAY 28,2015 MiamiHecld.(om l t{tAllI HtRAtD
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CITY OF MIAMI BEACH CITY COMMISSION
NOTICE OF PUBLIC HEARINGS
NOTICE OF AMENDMENTTOTHE FUTURE
LAND USE MAP (FLUMI OFTHE CITY OF
MIAMI BEACH COMPREHENSIVE PLAN
AND ZONING MAP CHANGES
NOnCE lS HEREBY glvan that puhlic hoarings will b6 heard by the Mayor and City Commision ot ths
City ol Mlami Bea.h, Florida, ln lho Commlssion Chamb€rgThlrd Floor, City Hall, t70O Convanllon
Center Drive, Miami Beach, Florida, on Jun6 10, 2ol5 af 5:02 p.m., or as soon thareaftor ao th, matsr can
bs hoard, to considsr:
An Ordinance PursuantToThe Procedureg ln Saction 1G3.3184{3), Florida Statuts,ToAmcnd
Pollcy l.? OlTh6 Fuluro Land UsR El6rn6nt OfTh6 ComFr8henriva Plan By ModilytngTh6
Parking {Pl Fuluro Land Use CategoryTo Allm For R$ldehtial U$s Wh6n Abutling A LandUs Cat6goryThat Permits Such Uses: Providing For lnclusion lnThe Comprshonsive Plan;
Tranemltlal; Codiricatlon; Repealer; Savarablllty; And An Effaatlve Dat6.
An Ordlnanm Amgnding Tho Offlclal Zoning Dislrlct Map, Balsrtr€d ln S€ctlon 142-72 Ol
The Cod6 OlTho City Of Miami Bsach, Florlda, Ey ChanglngThs Zonln0 Dtslrldr Cta3sification
ForThe Prr6l Localad Al 226 gThTeraco, FromThe Currenl Zoning Classlflcation Ol GU,
"Gdernmont Usa Dlrlrictl To Ths PropoBed Zoning Claslflotion Of RM.2. "Mullifahlly
Raslddnlial, Mad,um lntomlty;" Providing For CodlfrGlion; REaal6r: S6v6rsbilliy, And An
Effediv6 Data.
tnqulrl€s may hd dlrected to the Plannlng Departmefit at 3O5.673.7550.
INTERESTED PASnES are lnvhod 1o appear ar dlis meBtlng, or b6 rdprosnred t y an agonl or to oxprBs
their viffi3 ln wriilng addressed 10 th6 Clty Commlssion. c/o the Clty Cl6rk, tToO Convention Center Drive,
FiBl Floor, City Hall. Mlaml 86adl, Florlda 33l3g.These itsms ars avai[ablolor public inspoc.tlon dudng
normal busines hours in lhe City Clerk's Offio, f?00 Convontion Center Orive, Fir* Flmr, City Hall,
Miami Beach. Florida 33139. Theno ilems may be onlinued, and under such circumstanms, addilional
legal notlca nffid no1 b€ provldsd.
Pursuanl lo Saction 286.0105, Fla, Stat, lha Clty hBrrby advises the public rhat l{ a porson dsddos to
appaal any decision mad€ by the City Commision witlr rapecl lo any mstlgr coflsid6r6d at its m€eling
or its hearlng, sucfi p€rgon musl onsura that a verlratlm reord ofrhe procaedlngs ls mads, whldr tecordincluds !he taslimony and evidancq upor whlrjr th6 appoal is lo b€ bas€d,This notic€ doss nor constltuts
consenl by the City for tho introduction or admission of otharuise inadmissible or irelwant avidonm,
nor doas lt authodzB challongos or appaals not othgMls allow6d by law.
To raquost theso m6teri6l ln altemate fom6t, slgn languago int6rpr6tor (tivo-day nolics r€qulrodt
lnformalion on amss for p6Bons wlth disbilitle3, andlor any acDommodiilon to revlw any dtrument
or psrtlclpats ln any clty-sponsored proceadlngs, call 305,604.2489 nnd sl6cl I tor English or 2 for
Spanish, thBn optlon 6;TTY uscrs may call via 711 (Florida Balay Srvlco).
futaol E. Granado, CiW Cl6rk
Clty of Miaml Boach
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446
COMMISSION ITEM SUMMARY
Gondensed Title:
First Reading to consider Ordinance Amendments to the Land Development Regulations by amending
the list of accessory uses, conditional uses, and setback requirements for oceanfront properties in the
RM-2 zoning district, and amending the regulations for signage and main use parking garages located
on non-oceanfront lots in the RM-2 district.
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to ent is "about the riqht amount."
Item Summary/Recommendation :
FIRST READING- PUBLIC HEARING
The proposed Ordinance amendments would:
1. Amend the list of accessory uses, conditional uses, and setback requirements for oceanfront
properties in the RM-2 zoning district;2. Amend the regulations for signage located on non-oceanfront lots in the RM-2 district;3. Amend the regulations for main use parking garages located on non-oceanfront lots in the
RM-2 district.
The Administration recommends that the City Commission open and continue the proposed
Ordinance to a date certain of September 2.2015.
On August 26, 2014 the Planning Board recommended approval of the subject Ordinance by a vote
of 6 to 0 (Planning Board File No.2201).
Financial lnformation :
Source of
Funds:
Amount Account
I
2
3
OBP!Total
Financial !mpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Clerk's Office
Thomas Mooney
Assistant City Manager
T:\AGENDA\2015\June\RM-2 Modifications 250 feet from NSOSP - 1st Reading
AGENDA lTElIl
DA?E
RSI
b-t}tSMIAMIBEACH447
MIAMI BEACH
Ciry of miomi Beoch, 'l 700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
June 10,2015 ST READING - PUBLIC HEARING
SUBJECT: Ordinance Amendments:
1. Ghapter 142 - RM-2
Space Park (NSOSP)
regulations within 250' of North Shore Open
2. Chapter 130 - RM-2 main use garage regulations within 250' of NSOSP
3. Chapter 138 - RM-2 main use garage signage regulations within 250'
of NSOSP and City ldentification Signs
ADMINISTRATION RECOMMEN DATION
The Administration recommends that the City Commission open and continue the items
to a date certain of September 2,2015.
BACKGROUND
On June 11,2014, at the request of Commissioner Deede Weithorn, the City
Commission referred this request to the Land Use and Development Committee (ltem
C4K). Additionally, the matter was referred to the Planning Board.
On July 9,2014 the Land Use and Development Committee recommended approval of
the proposed ordinances.
On November 19, 2014, the City Commission opened and continued the items on First
Reading to a date certain of Decembet 17,2014. On December 17,2014, the item was
continued to a date certain of February 11,2015. On February 11,2015, the item was
continued to a date certain of April 15, 2015. On April 15, 2015, the item was continued
to a date certain of June 10,2015.
ANALYSIS
Three separate ordinances are attached. The first amends Chapter 142 to modify RM-2
regulations within 250' of North Shore Open Space Park (NSOSP). The second amends
Chapter 130 to establish regulations for RM-2 main use garage with at least 100 public
spaces within 25O' of NSOSP. The third amends Chapter 138 to modify RM-2 main use
garage signage regulations within 250' of NSOSP and establish procedures for City
Identification Signs.
TO:
FROM:
DATE:?.
448
Commission Memorandum
Ordinance Amendment - Regulations adjacent to North Shore Open Space Park
,lttne 7O 2O15 Paao 2 at )
The attached Ordinance amending Chapter 142 proposes the following modifications for
properties zoned RM-2, located within 250 feet of North Shore Open Space Park, and
fronting the Atlantic Ocean.o Allows for outdoor bar counters as an accessory for hotels.o Allows for a 0 foot setback for driveway or walkways not exceeding 30 feet in
width that provide access between lots.. Modifies Tower setbacks to 0.1 feet for every foot in height above 50 feet up to a
maximum of 50 feet.o Allows for neighborhood impact establishments as an accessory use to hotels
through a conditional use permit.
The attached Ordinance amending Chapter 130 proposes the following regulations for
non-oceanfront main use garages with at least 100 public parking spaces for properties
zoned RM-2 located within 250 feet of North Shore Open Space Park:o Allows for residential or commercial uses to be incorporated into the garage, not
exceeding 35 percent of the total floor area.. Requires that a minimum of 50 percent of the total floor area be used for parking,
exclusive of any required parking for other on-site uses.. Requires that parking for any on-site commercial or residential uses be provided
on site.. Removes parking requirements for ground floor restaurant or retail uses.o Allows for a75 foot height limit.o Allows for front and side street setbacks to be 0 feet.
Finally, the proposed Ordinance amending Chapter 138 proposes the following
regulations:. Allows for ground floor commercial uses to follow CD-2 signage standards in
non-oceanfront main use garages on properties zoned RM-2 within 250 feet of
North Shore Open Space Park.o Establishes procedures for the City to erect City ldentification signs at City
Entrance Points with approval by the Design Review Board (DRB) or Historic
Preservation Board (HPB) as applicable.
The proposals allow for additional flexibility in the design of residential towers and main
use garages. The City expects a proposal for a mixed-use main use parking garage on
87th Terrace to be brought forth for consideration soon. AdditionallV, any ind ali new
development found under the purview of this ordinance amendment must still comply
with the applicable portions of the City Code that regulate floor area and setback
requirements in the RM-2 district.
PLANNING BOARD REVIEW
On August 26, 2014, the Planning Board (by a 6-0) transmitted the proposal to the City
Commission with a favorable recommendation
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
449
Commission Memorandum
Ordinance Amendment - Regulations adjacent to North Shore Open Space Park
June 10,2015 Paqe 3 o'f 3
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City, and
should increase the property values, as it will encourage new development to be added
to the City's tax rolls.
GONCLUSION
The Administration recommends that the City Commission open and continue the item to
a date certain of September 2,2015.
JLM/JMJ/TRM/RAM
T:\AGENDAV0l5Uune\RM-2 Modifications 250 feet from NSOSP - 1st Reading MEM O&C.docx
450
RM-2 Chapter 142 Regulations within 250 Feet of NSOP
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry OF
MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE CHAPTER 142,
"zoNING DISTRICTS AND REGULATIONS," ARTICLE ll, "DISTRICT
REGULATIONS," DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS,"
SUBDIVISION IV, "RM.2 RESIDENTIAL MULTIFAMILY, MEDIUM
INTENSITY," AT SECTIONS 142-215,,,PROHIBITED USES," AND 142-219,..SETBACK REQUIREMENTS,'' IN ORDER TO PERMIT OUTDOOR BAR
COUNTERS AS ACCESSORY USES IN OCEANFRONT HOTELS IN THE RM.
2 DISTRICT; ALLOWING FOR THE MODIFICATION OF INTERIOR SIDE
SETBACK REQUIREMENTS FOR DRIVES OR SIDEWALKS; PROVIDING
ACCESS BETWEEN PARCELS !N THE RM-2 DISTRIGT; MODIFYING THE
INTERIOR SIDE TOWER SETBACK REQUIREMENTS FOR OCEANFRONT
RM-2 PARCELS WITHIN 250 FEET OF NORTH SHORE OPEN SPACE PARK;
AND BY AMENDING CHAPTER 142, ''ZONING DISTRICTS AND
REGULATIONS," ARTICLE lV, ,'SUPPLEMENTARY DISTRICT
REGULATIONS," DIVISION 3 "ACCESSORY USES," AT SECTION I42-902,..PERMITTED ACGESSORY USES," TO PERMIT NEIGHBORHOOD IMPACT
ESTABLISHMENTS, AS CONDITIONAL USES FOR OCEANFRONT HOTELS
IN THE RM.2 DISTRICT, WITHIN 250 FEET OF NORTH SHORE OPEN SPACE
PARK; PROVIDING FOR GODIFICATION; REPEALER; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the North Beach area of the City has lagged behind other areas of the City
in economic redevelopment; and
WHEREAS, the Mayor and City Commission desire to encourage innovative and
compatible redevelopment in the North Beach area; and
WHEREAS, the Mayor and City Commission seek to encourage uses within oceanfront
hotels in the RM-2 zoning district in a manner consistent with other oceanfront hotel uses in the
City; and
WHEREAS, the Mayor and City Commission seek to limit the creation of new curb cuts
in the RM-2 zoning district by permitting internal driveways and walks to link adjacent parcels;
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 MIAM! BEACH, FLORIDA:
451
SECTION 1. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article
ll, "Zoning Districts and Regulations," Division 3 "Residential Multifamily Districts", Section 142-
215, "Prohibited Uses," is hereby amended, as follows:
Sec. 142-21 5. Prohibited uses.
The prohibited uses in the RM-2 residential multifamily, medium intensity district are
accessory outdoor entertainment establishment, and accessory open air entertainment
establishment,aSsetforthinarticleV,division6ofthischapter
Atlantic Ocean and located within 250 feet of North Shore Open Space Park.
SECTION 2. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article
ll, "Zoning Districts and Regulations," Division 3 "Residential Multifamily Districts", Section 142-
218, "Setback requirements" is hereby amended as follows:
Sec. 142-21 8. Setback requirements.
Front Side,
lnterior
Side, Facing
a Street
Rear
At-grade parking
lot on the same
lot except where
(b) below is
applicable
20 feet 5 feet, or 5% of lot
width, whichever
is greater.
5 feet, or 5% of lot
width, whichever
is greater
Non-oceanfrontlots-S feet
Oceanfront lots-50 feet from
bulkhead line
Subterranean 20 feet 5 feet, or 5% of lot
width, whichever
is greater. (0 feet
if lot width is 50
feet or less)
5 feet, or 5% of lot
width, whichever
is greater
Non-oceanfrontlots-O feet
Oceanfront lots-50 feet from
bulkhead line
Pedestal 20 feet Except
lots A and 1-30
of the Amended
Plat lndian Beach
Corporation
Subdivision and
lots 231-237 of
the Amended Plat
of First Ocean
Front Subdivision
-50 feet
Sum of the side
yards shall equal
160/o of lot width;
Minimum-7.5
feet or 8% of lot
width, whichever
is greater. For
properties frontino
the Atlantic
Ocean and
located within 250
feet of North
Shore Open
Space Park, 0
feet for drivewavs
or walkwavs not
exceedinq 30 feet
in width providinq
access between
Sum of the side
yards shall equal
16% of lot width
Minimum-7.5
feet or 8% of lot
width, whichever
is greater
Non-oceanfront
lots- 10% of lot
depth Oceanfront
lots-2O% of lot
depth, 50 feet
from the bulkhead
line whichever is
greater
452
lots.
Tower 20feet+1foot
for every 1 foot
increase in height
above 50 feet, to
a maximum of 50
feet, then shall
remain constant.
Except lots A and
1-30 of the
Amended Plat
lndian Beach
Corporation
Subdivision and
lots231-237 of
the Amended Plat
of First Ocean
Front Subdivision
-50 feet
The required
pedestal setback
plus 0.10 of the
height of the
tower portion of
the building. Thetotal required
setback shall not
exceed 50 feet.For properties
frontinq the
Atlantic Ocean
and located within
250 feet of NorthShore Open
Space Park, the
required pedestal
setback plus 0.10
feet for every 1foot in heiqht
above 50 feet to a
maximum of 50
feet
Sum of the side
yards shall equal
160/o of the lot
width Minimum-
7.5 feet or 8o/o of
lot width,
whichever is
greater
Non-oceanfront
lots- 15% of lot
depth Oceanfront
lots-25% of lot
depth, 75 feet
minimum from the
bulkhead linewhichever is
greater
SECTION 3. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations" Article
lV, "Supplementary District Regulations," Division 2 "Accessory Uses," Section 142-902 is
hereby amended as follows:
Sec. 142-902. Permitted accessory uses.
The following are permitted accessory uses:
(1) a.Hotels not located in the RM-1 or RM-2 district are permitted to have
any accessory use that is customarily associated with the operation of a
hotel or apartment building.
Hotels located in the RM-2 district are permitted to have any accessory
use that is customarily associated with the operation of a hotel or
apartment building, except for dance halls, entertainment establishments,
neighborhood impact establishments, outdoor entertainment
establishments or open ai r entertain ment establishments. Notwithstand i nq
the foreooinq, for properties frontinq the Atlantic Ocean and located within
250 feet of North Shore Open Space Park. neiqhborhood impact
establishments mav be permitted as accessory uses for hotels, in
accordance with the Conditional Use procedures in Chapter 118, of these
Land Development Reoulations.
b.
453
SECTION 4. CODIFICATION
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 5. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 6. SEVERABILIry
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7. EFFECTIVE DATE
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this _ day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO FORM
AND LANGUAGE
First Reading: April 15,2015
Second Reading: May 6, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
[Sponsored by Commissioner Weithorn]
T:!AGENDA\20'15\Apri|\RM-2 Chapter 142 Modification 250 feet from NSOSP - 'lst Reading ORD.docx
4
454
Parking Regulations within 250 Feet of NSOP
ORD!NANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE CHAPTER 130,..OFF.STREET PARKING," ARTICLE III, "DESIGN STANDARDS," AT
SEGTION 130.68, "COMMERCIAL AND NONCOMMERCIAL PARKING
GARAGES," TO ESTABLISH REGULATIONS FOR MAIN USE PARKING
GARAGES LOCATED ON NON-OCEANFRONT LOTS IN THE RM-2 DISTRIGT
WITH A PROPERTY LINE WITHIN 250 FEET OF NORTH SHORE OPEN
SPACE PARK; PROVIDING FOR GODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the North Beach area of the City has lagged behind other areas of the City
in economic redevelopment; and
WHEREAS, the Mayor and City Commission desire to encourage innovative and
compatible redevelopment in the North Beach area; and
WHEREAS, the Mayor and City Commission seek to encourage the development of
innovative mixed-use parking garages that will provide additional public parking in the area
adjacent to North Shore Open Space Park; 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 C!ry COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 130 of the City Code, entitled "Off Street Parking" Article lll, "Design
Standards," Section 130-68, entitled "Commercial and noncommercial parking garages," is
hereby amended, as follows:
Sec. 130-68. Commercial and noncommercial parking garages.
Commercial and noncommercial parking garages as a main use on a separate lot shall
be subject to the following regulations, in addition to the other regulations of this article:
***
455
(10) Parkinq oaraoes providins at least one hundred (100) public parkino spaces. located on
non-oceanfront lots in the RM-2 district, with a propertv line within 250 feet of a North
Shore Open Space Park:
a. Residential or commercial uses mav be incorporated into the qaraqe structure. ln
no instance shall the combined residential and commercial space exceed 35
percent of the total floor area of the structure.
b. ln no instance shall the amount of floor area of the structure used for parkinq.
exclusive of the required parkinq for the residential or commercial space in the
structure. be less than 50 percent of the total floor area of the structure. so as to
ensure that the structure's main use is as a parkinq qaraqe.
c. All required parkinq for anv commercial or residential use shall be provided within
the structure. Restaurant or retail uses open to the qeneral public that are located
on the first floor of the structure shall not be subiect to a parkinq requirement.
d. The maximum heioht for the structure shall be 75 feet.
e. Setbacks shall be the same as the setbacks required for the RM-2 zoninq district.
except that front and side street setbacks shall have a required setback of 0 feet.
SECTION 2. CODIFICAT!ON
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 3. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 4.SEVERABILITY
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
456
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this _ day of
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
2015.
APPROVED AS TO FORM
AND LANGUAGE
First Reading: April 15,2015
Second Reading: May 6, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
[Sponsored by Commissioner Weithorn]
AND FOR EXECUTION
T:\AGENDA\2O1S\April\RM-2 Chapter 130 Modification 250 feet from NSOSP - 1st Reading ORD.docx
457
Signage Regulations within 250 Feet of NSOP
ORDINANGE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE C!ry OF
MIAM! BEACH, FLORIDA, AMENDING THE CIry CODE CHAPTER 138,,,slcNs," AT ARTTCLE V, ',SIGN REGULATTONS By DISTRICT"; AND
ARTICLE VI, ..SPEGIFIC USE SIGNS," AT SECTION 138.172, ENTITLED.,SCHEDULE OF SIGN REGULATIONS FOR PRINCTPAL AND ACCESSORY
USE S!GNS," IN ORDER TO ESTABLISH SIGN CRITERIA FOR GROUND
FLOOR GOMMERCIAL USES IN PARKING GARAGES LOCATED ON NON.
OCEANFRONT LOTS IN THE RM.2 DISTRICT, WITH A PROPERTY LINE
wlrHlN 250 FEET oF NORTH sHoRE OPEN sPAcE pARK; AND CREATING
SECTION 138-206, ENTITLED "CITY IDENTIFICATION SIGNS AT CIry
ENTRANCE AND EXIT POINTS," IN ORDER TO ESTABLISH THE PROCESS
BY WHICH THE CITY MAY ERECT CITY IDENTIFIGATION SIGNS NEAR THEclw's ENTRY AND Exlr POINTS; PRovtDlNG FoR coDrFrcATtoN;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the North Beach area of the City has lagged behind other areas of the City
in economic redevelopment; and
WHEREAS, the Mayor and City Commission desire to encourage innovative and
compatible redevelopment in the North Beach area; and
WHEREAS, the Mayor and City Commission want to encourage the installation of
innovative city identification signs at the city's entry and exit points; 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 CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 138 of the City Code, entitled "signs," atArticle V, "Sign Regulations by
District," under Section 138-172, entitled "schedule of sign regulations for principal and
accessory use signs," is hereby amended, as follows:
458
Zoning
District
Number Awning/
Marquee
Flat Projecting Detached
(Monument)
Accessory Signs Special
Conditions
RS-1
RS-2
RS-3
RS-4
Residential use:
One sign per
street frontage
that has copy
limited to the
name of the
building.
Not
permitted.
Residential use:
Six-inch letters.
Not
permitted.
Not
permitted.
Not permitted.30 square
feet for a
religious
institution,
public and
semipublic
USES,
clubs or
schools.
RM-1
RM-2
RM.3
R-PS 1
R-PS 2
R.PS 3
R-PS 4
RO
TC-3
than
srgn
identifying the
main permitted
uses for each
street frontage.
Unless
otherwise listed
in section 138-
171, all signs
must front on a
street; however,
multiple street
front facing signsfor the same
licensed
oceanfront hotelor apartment
building within
the RM-3 districtmay be
permittedthrough the
design review or
certificate of
appropriatenessprocess as
applicable if the
aggregate sign
area does notexceed the
maximum size
permitted under
this subsection.
Sions for oround
floor commercial
uses in parkinq
qaraqes,
providinq atleast one
hundred (100)
public parkinq
spaces locatedon non-
oceanfront lots
Ten
square
feet; the
height of
the letters
shall not
exceed 12
inches.
Not
permitted
in the RM-
3 district.
Not
permitted
in RO.
One per street
frontage; 20
square feet for
every 50 feet of
linear frontage, or
fraction thereof,
up to maximum
of 30 square feet.
Flat signs shall
not be located
above the ground
floor, except in
hotels and
apartment
buildings within
the RM-3 district.
Flat signs in
hotels and
apartment
buildings within
the RM-3 district
shall be limited to
the name of the
building or the
use that
encompasses the
largest amount of
floor area in the
building. Within
the RM-3 district,
and subject to the
review and
approval of the
design review
board or historic
preservation
board, as
applicable, one
building
identification sign
for hotels and
apartment
buildings two
stories or higher,
located on the
15 square
feet
Not
permitted
in RO.
15 square
feet,
however, if
sign is set
back 20 feetfrom front
propertyline, areamay be
increased toa maximum
of 30 squarefeet. Polesigns are
not
permitted.
Existing pole
signs may
be repairedonly as
provided in
section 138-
10.
Notwithstanding theabove, a
detached
sign locatedona
perimeter
wall shall belimited to
five squarefeet andshall nothave to
comply with
the setback
requirement
s of section
138-9. The
height and
size of the
monument
structure
One sign foreach licensed
accessory use;
area of sign
shall not exceed75 percent ofthe main use
sign, 20 square
feet maximum.
For hotels and
apartment
buildings in theRM-3 district,
one street front
facing flat signper every
licensed
accessory use
facing or having
direct access toa street or
sidewalk, 20
square feet for
every 50 feet of
linear frontage,or fraction
thereof, up to
maximum of 30square feet.
However,
multiple streetfront facing
signs for the
same licensed
accessory useof oceanfronthotel and
apartment
buildings within
the RM-3 districtmay be
permittedthrough the
design review or
certificate of
1.
Maximumsize for
schools is
30 square
feet.2. Signs
shall not
have copy
indicating
prices.3. An
exterior
directory
sign,
attachedto the
building
up to six
square
feet,
listing the
names of
all
licensed
USES
within the
building is
permitted;
sign
material
and
placement
shall be
subject to
approval
through
the design
review
process.
459
in the RM-2
district, with aproperty line
within 250 feet
of North ShoreOpen Space
parapet facing a
street, is
permitted with an
area not to
exceed one
percent of the
wallarea on
which it is placed.
Corner buildings
may provide one
combined sign
instead of the two
permitted signs.
This sign shall be
located on the
corner of the
building visible
from both streets
and shall have a
maximum size of
40 square feet.
Siqns for qround
floor commercial
uses in parkinq
qaraqes.
providinq at least
one hundred
(100) public
parking spaces
located on non-
oceanfront lots in
the RM-2 district,
with a oropertv
line within 250
feet of North
Shore Open
Space Park shall
be subiect to the
CD-2 standards.
shall be
determined
under the
design
review
process
except as
provided
herein. lnthe RO
districts,sign areashall not
exceed ten
square feet,and the
monument
structureshall not
exceed fivefeet in
height.
appropriatenessprocess as
applicable if the
aggregate sign
area does notexceed the
maximum size
permitted under
this subsection.
Park shall be
subject to the
CD-2 standards.
SECTION 2. Chapter 138 of the City Code, entitled "Signs" Article V, "Sign Regulations by
Districts," Section 138-206, "City ldentification Signs at City Entrance and Exit Points," is hereby
created to read as follows:
**,1.
sec. 138-206. Gitv ldentification sisns at Gitv Entrance and Exit points.
The Citv mav erect freestandino or flat identification sions on public or private propertv at
or near the entrance and exit points to the Citv. The size. location. orientation, and desion of anv
such sions, whethe,r located on public or private propertv. shall be approved bv the Desiqn
Review Board or, if the sions are located within an historic district. the Historic Presenration
Board.
460
SECTION 3. CODIFICATION
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 4. REPEALER
All ordinances or parts of ordinances and all section and
herewith be and the same are hereby repealed.
SECTIONS. SEVERABILITY
parts of sections in conflict
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this _ day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO FORM
AND LANGUAGE
First Reading: April 15,2015
Second Reading: May 6, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
[Sponsored by Commissioner Weithorn]
T:\AGENDAV015\Apri|\RM-2 Chapter 138 Modilication 250 feet from NSOSP - lst Reading ORD.docx
t AND FOR EXECUTTON,\^ S. z3- t5
461
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THIS PAGE INTENTIONALLY LEFT BLANK
464
COMMISSION ITEM SUMMARY
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
manaqement across the Citv.
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to is "about the riqht amount."
Condensed Title:
An Ordinance to amend the requirements for non-amplified entertainment in the CPS-2 Zoning
District.
lntended Outcome S
Item Summary/Recommendation :
AGENDA ITEii R5 K
FIRST READING - PUBLIC HEARING
The proposed Ordinance would allow for non-amplified piano or string instruments within the inside of
restaurants located in the C-PS2 district, on the south side of Fifth Street between Michigan Avenue
and Alton Road through the Conditional Use process.
On February 18, 2015 the Land Use and Development Committee recommended approval of the
Ordinance.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and 2) approve the attached Ordinance at
First Readinq and schedule a Second Readinq Public Hearinq for Julv 8, 2015.
On April 28, 2015, the Planning Board (vote of 6-0), transmitted the attached proposal to the City
Commission with a favorable recommendation. (Planning Board File No. 2252).
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Clerk's Office
Thomas Mooney
T:\AGENDA9015\June\CPS2 Entertainment - SUM First Reading.docx
DArE 6-lo -15465
MIAMI BEACH
Ciry of miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
the City C
DATE: June 10,2015 FIRST READING - PUBLIC HEARING
SUBJECT: CPS-2 Entertainment - Non-Amplif\ed lnstruments
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE GITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 "ZONING
DISTRICTS AND REGULATIONS;" ARTICLE ll, "DISTRICT
REGULATIONS'" DlVISION 18, ..PS PERFORMANCE STANDARD
DISTRICT" TO MODIFY PERMITTED USES WITHIN THE CPS-2 DISTRICT
TO INCLUDE NON.AMPLIFIED PIANO AND STRING INSTRUMENTS
WITHIN RESTAURANT INTERIORS; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
ADMI NISTRATION RECOMMENDATION
The Administration recommends that the City Commission accept the recommendation of the
Land Use and Development Committee via separate motion; and approve the attached
Ordinance at First Reading, and schedule a Second Reading Public Hearing for July 8,2015.
BACKGROUND
On February 11,2015, the City Commission (ltem C4K), at the request of Comm. Michael
Grieco, referred a discussion item to the Land Use and Development Committee (LUDC)
regarding a proposed amendment to the City Code pertaining to allowable musical instruments
within enclosed restaurants in the C-PS2 district.
On February 18, 2015, the Land Use and Development Committee (LUDC) discussed the item
and proposed the attached amendment to Section 142-693(c) of the City Code pertaining to
permitted uses in CPS-2 districts.
On March 11, 2015, the City Commission (ltem C4B), referred the item to the Planning Board.
ANALYS!S
Section 142-693 of the Land Development Regulations lists "Permitted Uses" in the
Performance Standard Districts. Presently entertainment establishments are prohibited in the
areas south of Fifth Street, with the exception of certain accessory uses to large hotels. This
prohibition prevents restaurants from having any sort of entertainment for the patrons.
466
Commission Memorandum
CPS-2 Enteftainment
June 10,2015 Pase 2 of 2
However, there are certain circumstances under which a minimal level of entertainment would
be appropriate and create no impacts to surrounding residents. The proposed Ordinance allows
for the playing of non-amplified piano or string instruments within the inside of restaurants
located in the C-PS2 district, on the south side of Fifth Street between Michigan Avenue and
Alton Road through the Conditional Use process. ln addition to the safeguards provided by the
Conditional Use process, the proposed Ordinance requires that the instruments only be located
within the interior of the premises and must be played at a volume that does not interfere with
normal conversation. ln addition, it requires that the instruments only be played during periods
in which full meals are being served, and no later than 2:00 am.
PLANNING BOARD REVIEW
On April 28, 2015, the Planning Board (by a 6-0 vote) transmitted the proposed Ordinance to
the City Commission with a favorable recommendation.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall
consider the long term economic impact (at least 5 years) of proposed legislative actions," this
shall confirm that the City Administration City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not
expected to have a negative fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission: 1) accept the recommendation of
the Land Use and Development Committee via separate motion; and 2) approve the attached
Ordinance at First Reading and schedule a Second Reading Public Hearing for July 8,2015.
JLM/JMJ/TRM
T:\AGENDAt201 5Uu ne\CPS2 Entertainment - MEM First Reading.docx
467
CPS.2 ENTERTAINMENT
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 "ZON'NG DISTRICTS
AND REGULATIONS;" ARTICLE ll, "DISTRICT REGULATIONS", DIVISION
18, "PS PERFORMANCE STANDARD DISTRICT" TO MODIFY PERMITTED
USES WITHIN THE CPS.2 DISTRIGT TO INCLUDE NON.AMPLIFIED PIANO
AND STRING !NSTRUMENTS WITHIN RESTAURANT INTERTORS;
PROVIDING FOR REPEALER; SEVERABILITY; GODIFICATION; AND AN
EFFECTIVE DATE.
WHEREAS, Chapter 142 of the City Code, entitled "Zoning Districts and Regulations,"
includes specialized use regulations that address alcoholic beverages; and
WHEREAS, Chapter 142 is proposed to be amended to allow the limited use of non-
amplified string instruments within the interior of restaurants in the CPS-2 district; and
WHEREAS, the amendment set forth below is necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142, "Zoning Districts and Regulations" is amended, as follows:
DIVISION 18. PS PERFORMANCE STANDARD DISTRIGT
***
Sec. 142-693. Permitted uses.
(c) For purposes of this section, pawnshops and dance halls and entertainment establishments
are not permitted as a main permitted or accessory use south of Fifth Street; however, in the C-
PS3 and C-PS4 districts dance halls and entertainment establishments shall be permitted as an
accessory use within a hotel of 250 rooms or more with access to the dance hall or
entertainment establishment only from the interior lobby and not from the street. Additionallv. for
restaurants located in the C-PS2 district. on the south side of Fifth Street between Michiqan
Avenue and Alton Road. non-amplified piano or strinq instruments. plaved at a volume that does
not interfere with normal conversation, mav be permitted as a conditional use within the interior
of the premises, in accordance with the requirements of Chapter 1 18. Article lV. and onlv durinq
periods in which full meals are beino served, and no later than 2:00 am.
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
468
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SEGTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILIry.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EXCEPTIONS.
This Ordinance shall not apply to an application filed for Land Use Board Approval with
the Planning Department on or before February 24th,2015.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
\-5\zt\r9
Date
First Reading. June 10, 2015
Second Reading: July 8, 2015
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
S+rifetnreush denotes removed lang uage
[Sponsored by Commissioner Grieco]
T:\AGENDAt20l 5Uune\CPS2 Entertainment - ORD First Reading.docx
469
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470
26NE I TiLRSDAY, MAY 28, ?OI5 \;MiamiHerdldrom I l'{Al'l filnALD
m"r*.*or--.
ll?I5 . 7l t5
t4l Ldary]
f oll 1,, i.,.,.,1, *l: frr{,tr4
CITY OF MIAMI BEACH
NOTICE OF AMENDMENTTO THE LAND
DEVELOPMENT HEGULATIONS OF THE CITY
OF MIAMI BEACH CODE OF ORDINANCES
NOTICE OF PUBLIC HEARINGS
NOTICE lS HEBEBY given that public hearings will be held by the
Mayor and City Commissioners of the Cit/ of Miami Beach" Florida,
in the Commission Chambers,Third Floor, City Hall, 1700 Convention
Center Drive, Miami Beach, Florida, on June 10,2015 at 5:04 p.m., or as
soon thereafter as the matter can be heard, to consider:
CPS-2 Non-Am plif ied lnstruments.
An Ordinance Amending Chapter 142 "Zoning Districts And
Begulations;" Article ll, "District Begulations'j Division 18. "PS
Performance Standard District" To Modify PErmitted Us€s
WithinThe CPS-2 District-Ib lnclude Non-Amptified Piano And
string lnstruments wfthin Flsstaurant lnteriors; Providing For
Repealer; Severability; Codification; And An Effective Date.
lnquiries may ba diractad ta the Planning Department at 305.673.7550.
INTERESTED PARTIES are invited ta appear at rhis meeting, or be
represented by an agent, or to exprBss their viows in writing addressed
to the City Commission, do the City Clerk, 1700 Convention Center Drive,
First Floor, City Hall, Miami Beadr, Florida 33139.This itsm is available
for public inspection during normal business hours in the Office of the
City Clerk, 1700 Convention Center Drive, First Floor. City Hall, Miami
Baach, Florida 33139. This item may be continued, and under suctr
circumstances, additional legal notice ne6d not be provided.
Pursuant to Section 286.0105, Fla. Stat., th6 CIty hereby advises the
public that if a person decides to appeal any decision made by the
City Commission with respefi to any matter considered at its meeting
or its hearing. such person must ensure that a verbatim record of the
proceedings is made, which record includes the testirnony and evidence
upon which the appeal is to be based.This notlce does not constitute
consent by the City for the Introduction or admission of otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or
appeals not otherwise allowed by law.
To request thls rnaterial in altornate format, sign language interpreter
(five-day notico required), information on access for persons with
disabilities, and/or any accommodation to review any document or
participatB in any City-sponsored proceodings, call 305.604,24a9 and
solect 1 for English or 2for Spanish, then option 6;TTY users may call
via 71'l (Florida Relay Service).
Ad 1023
frafael E. Granado, City Clerk
City of MiamiBeadr
471
THIS PAGE INTENTIONALLY LEFT BLANK
472
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance to prohibit Bed & Breakfast uses within the Palm View Local Historic District.
lntended Outcome
Item Summary/Recommendation :
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to requlate is "about the riqht amount."
FIRST READING - PUBLIC HEARING
The proposed Ordinance would remove Bed & Breakfast lnn's as a permitted use in RM-'l zoned
properties located within the Palm View Local Historic District.
On April 8, 2015 the Land Use and Development Committee recommended approval of the
Ordinance.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and 2) approve the attached Ordinance at
First Readinq and schedule a Second Readinq Public Hearino for Julv 8.2015.
On April 28, 2015, the Planning Board (vote of 6-0), transmitted the attached proposal to the City
Commission with a favorable recommendation. (Planning Board File No. 2251).
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Clerk's Office
Thomas Mooney
T:\AGENDAVO15\June\Palm View B&B - SUM First Reading.docx
AGENDA rram RS L
onre 6-l&-( fMIAMIBEACH473
MIAMIBEACH
Ciry of miomi Beoch, .l700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMM]SSION MEMORANDUM
TO:Mayor Philip Levine and Members the City Co mission
FROM: Jimmy L. Morales, City Manager
DATE: June 10,2015
SUBJECT: Bed & Breakfast Prohibition in
FIRST READING - PUBLIC HEARING
View Historic District
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142,..ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS", DIVISION 3, "RESIDENTIAL MULTI.FAMILY DISTRICTS",
SUBDIVISION II, "RM.1 RESIDENTIAL MULTIFAMILY LOW INTENSITY",
TO PROHIBIT BED AND BREAKFAST INNS WITHIN THE PALM VIEW
LOCAL HISTORIC DISTRICT; BY AMENDING ARTICLE V, "SPECIALIZED
USE REGULATIONS'" DIVISION 7, "BED AND BREAKFAST INNS", TO
PROHIBIT BED AND BREAKFAST INNS WITHIN THE PALM VIEW LOCAL
HISTORIC DISTRIGT; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
ADMI NISTRATION RECOMM ENDATION
The Administration recommends that the City Commission accept the recommendation of the
Land Use and Development Committee via separate motion; and approve the attached
Ordinance at First Reading, and schedule a Second Reading Public Hearing for July 8,2015.
BACKGROUND
On March 11,2015, at the request of Commissioner Joy Malakoff, the City Commission referred
an Ordinance Amendment to the Planning Board and to the Land Use and Development
Committee (ltem C4D), pertaining to the prohibition of Bed and Breakfast lnns in the Palm View
Historic District.
On April 8, 2015, the Land Use and Development Committee discussed the item and
recommended that the Planning Board transmit the proposed Ordinance to the City Commission
with a favorable recommendation.
ANALYSIS
The "Specialized Use Regulations" in Article V, Division 7, of Chapter 142 of the Land
Development Regulations allow for Bed and Breakfast lnns in 'contributing' historic structures in
locally designated historic districts, which are also zoned RM-1. This particular use is only
474
Commission Memorandum
Bed & Breakfast Prohibition in Palm View Historic District
June 10,2015 Page 2 of 3
permitted within structures originally constructed, and currently used as single family
residences. Additionally, a number of requirements must be satisfied in order to obtain a B & B
license.
These regulations were initially adopted in 1992 for the Flamingo Park Local Historic District,
which contains mostly RM-1 properties. More specifically, although there are some single
family homes located within the RM-1 zoning district in Flamingo Park, the vast majority of RM-1
structures in Flamingo Park are apartments. As such, the allowance of Bed and Breakfast lnns
within eligible single family homes pursuant to the "Specialized Use Regulations" was, and still
is, an appropriate use in the Flamingo Park Historic District.
The Palm View Historic District was designated by the City Commission in 1999 and includes
properties zoned RS (Single Family), RM-1 and RM-2. The RM-1 zoned portion of the Palm
View District is limited to the southern perimeter of the district, along 17th Street. This District,
unlike the Flamingo Park District, is predominantly made up of one and two story single-family
homes. Some low-rise and mid-rise apartment buildings exist within the district, as well as a
small number of religious and educational institutions along the southern perimeter of the
district. However, because of the predominance of single family residential uses, the transient
nature of Bed and Breakfast lnns makes them incompatible with the character of the Palm View
Historic District.
ln order to protect the existing single family character of the Palm View District, the attached
Ordinance would amend the permitted uses in the RM-'l district, as well as the criteria of the
Specialized Use Regulations, to prohibit Bed and Breakfast lnns from being established within
the Palm View Historic District.
PLANNING BOARD REVIEW
On April 28, 2015, the Planning Board'(by a 6-0 vote) transmitted the proposed Ordinance to
the City Commission with a favorable recommendation.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall
consider the long term economic impact (at least 5 years) of proposed legislative actions," this
shall confirm that the City Administration City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not
expected to have a negative fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission: 1) accept the recommendation of
the Land Use and Development Committee via separate motion; and 2) approve the attached
Ordinance at First Reading and schedule a Second Reading Public Hearing for July 8,2015.
JLM/JMJ/TRM
T:\AGENDAVOI5Uune\Palm View B&B - MEM First Reading.docx
475
Commission Memorandum
Bed & Breakfast Prohibition in Palm View Historic District
June 10,2015 Page 3 of 3
Palm Grove H lstoric District
0
I
125 250 500 Feet
,t,t
476
Bed and Breakfast Prohibition in Palm View Historic District
ORDINANCE NO
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry OF
MIAM! BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142,
"zoNlNG DlsTRtcTS AND REGULATIONS," ARTICLE ll, ,,DISTRICT
REGULATIONS", DIVISION 3, "RESIDENTIAL MULTI.FAMILY DISTRICTS",
SUBDIVISION II, "R[III.l RESIDENTIAL MULTIFAMILY LOW INTENSITY", TO
PROHIBIT BED AND BREAKFAST INNS WITHIN THE PALM VIEW LOCAL
HISTORIC DISTRICT; BY AMENDING ARTICLE V, "SPECIALIZED USE
REGULATIONS", DIVISION 7, ,,BED AND BREAKFAST INNS", TO PROHIBIT
BED AND BREAKFAST INNS WITHIN THE PALM VIEW LOCAL HISTORIC
DISTRIGT; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY
AND AN EFFECTTVE DATE.
WHEREAS, Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations", Division 3, "Residential Multi-family Districts", Subdivision ll, 'RM-1 Residentlal
Multifamily Low lntensity", describes the uses permitted in the RM-1 district; and
WHEREAS, Article V, "Specialized Use Regulations", Division 7, "Bed and Breakfast
lnns", describes the regulations for the establishment of Bed and Breakfast lnns; and
WHEREAS, Section 509.242, Florida Statutes, defines seven distinct categories of
"public lodging establishments": hotel, motel, vacation rental, non-transient apartment, transient
apartment, bed and breakfast inn, and timeshare projects, and it is clear from the statute that
bed and breakfast is treated differently from "vacation rentals"; and
WHEREAS, Pursuant to Section 509.032(7Xb), Florida Statutes, "[a] local law,
ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency
of vacation rentals;" and
WHEREAS, this Section 509.032(7)(b) does not apply to any local law, ordinance, or
regulation adopted on or before June 1 ,2011; and
WHEREAS, the state has precluded new regulation, or new prohibitions relating to
"vacation rentals" but has not preempted regulating the entire field of "public lodging
establishments"; and
WHEREAS, the plain language of Section 509.032(7)(b), Florida Statutes, indicates that
only the regulation of "vacation rentals" is preempted. lf the Legislature intended to preempt the
local regulation of any other category of public lodging establishments, the Legislature would not
have limited the scope of Section 509.032(7)(b) to vacation rentals; and
l of 4
477
WHEREAS, under the canon of statutory construction expressio unius est exclusio
alterius, the mention of one thing implies the exclusion of another;" and
WHEREAS, the Legislature, by limiting the scope of Section 509.032(7)(b) to "vacation
rentals," excluded from the scope of the preemption clause other public lodging establishments
like hotels, motels, non-transient apartments, transient apartments, bed and breakfast inns, and
timeshare projects; and
WHEREAS, Bed and Breakfast lnns are presently permissible in 'contributing'
structures in locally designated historic districts; and
WHEREAS, the Palm View Historic District is a stable predominantly residential
neighborhood; and
WHEREAS, currently there are no authorized, legally existing permitted bed & breakfast
establishments within the Palm View Historic District; and
WHEREAS, the residential district has expressed concerns with the possible
deterioration of their residential character and neighborhood dynamic by allowing this
commercial use to be established in the district; and
WHEREAS, it is in the interest of the health, safety, welfare and neighborhood
compatibility of the area to preclude the use in this residential Palm View Historic District; and
WHEREAS, it is desirable to encourage uses that are compatible with the residential
character of the neighborhood; and
WHEREAS, Bed and Breakfast lnns are incompatible with the character of the Palm
View Historic District; and
WHEREAS, the amendment set forth below is necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY GOMMISSION
OF THE GITY OF MIAMI BEACH, FLORIDA
SEGTION 1. Chapter 142, "Zoning Districts and Regulations," Article ll, "District Regulations," is
hereby amended as follows:
DIVISION 3. - RESIDENTIAL MULTIFAM!LY DISTRICTS
Subdivision l!. - RM-1 Residential Multifamily Low lntensity
2of4
478
Sec.142-152. - Main permitted uses.
The main permitted uses in the RM-1 residential multifamily, low density district are single-family
detached dwelling; townhomes; apartments; hotels, for properties fronting Harding Avenue or
Collins Avenue, from the City Line on the north, to 73rd Street on the south; and bed and
breakfast inn (pursuant to article V, division 7 of this chapter). Despite the foreooino, bed and
breakfast inns shall be prohibited within the boundaries of the Palm View Local Historic District.
SECTION 2. Chapter 142, "Zoning Districts and Regulations," Article V, "Specialized Use
Regulations," is hereby amended as follows:
DIVISION 7. - BED AND BREAKFAST INNS
Sec. 142-1401. - Conditions for bed and breakfast inns.
Bed and breakfast inns are prohibited within the Palm View Local Historic District. Bed and
breakfast inns are permitted in other applicable districts, with the following conditions:
(1) The use shall be situated in a contributing building and located in a locally designated
historic preservation district. The use may also be situated in a noncontributing building if
it is restored to its original historic appearance and re-categorized as "contributing."
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made part of the Code of the
City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article", or
other appropriate word.
SECTION 4. REPEALER.
All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 5. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
3of4
479
SEGTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this _ day of
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
FirstReading: June10, 2015
Second Reading: July 8, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
Stn*e+n+eugh denotes deleted language
[Sponsored by Commissioner Malakoffl
T:\AGENDA\2015\June\Palm View BB Prohibition - ORD First Reading.docx
2015.
4of4
480
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481
2aNE I THLRSDAY, MAY 28. ?015 rt:Mian{Herdldrom I itlAm HEnALD
mr-" i-,3
-mre=:re'. : . rrhi' i flt r
CITY OF MIAMI BEACH
NOTICE OF AMENDMENTTO THE LAND
DEVELOPMENT REGULATION$ OF THE CITY
OF MIAMI BEACH CODE OF ORDINANCES
NOTICE OF PUBLIC HEARING
NOIICE lS HEBEBY givcn thal a putrlic hearing will ba heard by the M*yor and Cily Commisslon of th€
Clty of Mlami Beach, Florlda, ih $d Comm isd.rn Charn bers,Third Floor, Clty Hsll, 1700 Convenilon Center
Drive, Mlaml Beach, Florlda, on Juna 10, e0l5 f,l 5i05 p,m., or 6s soon rhGreater as the matar can be
heard, lo consider:
Prohlbltion Ot g€dAnd Bruakfa$t lnng lnThe PalmVim Hirtorlc Dlstrlst.
An OrdlnenceAmendingTh6 Land Developmenl Reguterlons OfThe City Codo, ByArfiendl,{ Chapter
i142,'Zonlng Dlstrlcts And R6g0larlons." Adcl€ Il,'Dlstrlct Rag!lattons? Dlvisioil 3, "Resldontial
Multl-Famlly Districts; Subdivislon ll, "FM- 1 H€sidentlal Mulllf€mlLy Low lnt6nslly:To Prohtbtt Bed And
Breakfa$l lnm WithinThe Palm Viaw Local Historic Districr By ,qmending Arthle V. "Specialirad Use
Ragulationsi Division Z "BEd And BraaHa8l lnns'jTo Prohibit B€d And BraaHast lnnsWithinTha Palm
Vi6w Locf,l HlSroric Olstric,t; Providlng Por Coditlcatlon, Rcpoaler, SevcrabIll1y And.An Effmtlve Date.
The prof,€file$ lhat may b6 lmpactsd byrhe propo66d Ordlnanc6 616 shown on the following Map:
lnqulilos may bs dlrscted t6 tho Planning Deryftmsnt at 305,673.7550,
INTERESTED PAF{TIES ara invited 1o apper at this me€ting, or ba repmsanled by an ag6nt or to axpress
thelrviews ln writing addressed to the CllyCommission, c/o tho Cily gert, lT00qonvenlion Cehter Drlve,
Firsr Floor, Ciiy Hall, Miaml 8each, Florida 33139.Th1s itom ls avaltable for flubllc tnspccllon durlng normal
busimss houm ln the Offico of th6 City Clsrk, 1700 Convsfttion Cenler griva, Fi6t Floor. City Hall. Mlami
Beach, Florida 33l3g"Thi$ hem mdy be co^llnudd, dnd under $uch clrcumsaances, additional ,eg6l notica
n€ed nol be pro/lded.
Puriuant to Section 286.0105, Fla. Siat.. ths City hsreby advises the publtc that if a person decides lo
appeal anv decislon made by lhe Clty Commlssion wdh re$pect lo 8ny m6trer consldeted at lts meetlng
or its lrearlng, sudr FErmn must ensure thal a \€Ibatim record ol the proceedings ls made, whictl rtrord
includesthe tesllmony and evldehce upon r /hldl tbe appe€l ls to be based"Thls notlce does not conslltute
cons€nl by ths Cily torthe inlrqduclion oredmlspion of othemlse lnadmi$ible or irdevan! evidonce, nor
does it authorire challenges or eppeals nol olheruise alloued by lsw.
To request thls mdlerlal ln altemate ,ormal, slgn language lnterpreter {flve-day nollee requlred),
lnftirmatlon on ecsss tor persons wllh disebllhlas, and/or eny accommodatioh to rsvlsw any dodment
or participale in any Cily-sponsorsd prod{sding& call 305.604,2489 and 6€lerMor Engllsh or 2 for
Spanish, then optlon 6;fiY usars may e€llvi6 711 lFlorlda Rel8y 5orvlc6}.
Id1022
Bafael E. Granado, Ciry clel*
Cily of Miami Eeach
482
COMMISSION ITEM SUMMARY
Gondensed Title:
An Ordinance pertaining to the parking of rental cars in commercial districts
lntended Outcome S
Item Summary/Recommendation :
T:\AGENDA\2015\Ju Enclosures for Rental Cars -'st Reading SUM.docx
AcENBA rrem RSM
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
manaqement across the Citv.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55%
businesses rate the effort out forth bv the Citv to reoulate t is "about the riqht amount."
FIRST READING - PUBLIC HEARING
The proposed Ordinance would allow for the parking of rental cars in commercial districts provided
certain screening measures are adhered to.
On April 1, 2015 the Land Use and Development Committee recommended approval of the
Ordinance.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and 2) approve the attached Ordinance at
First and schedule a Second Public Hearinq for July 8, 2015.
On May 26, 2015, the Planning Board (vote of 5-0), transmitted the attached proposal to the City
Commission with a favorable recommendation. (Planning Board File No. 2257).
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budset.
Clerk's Office
Thomas Mooney
MIAMIBEACH a^rE b-lo'L{483
MIAMIBEACH
Cify of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
MEMO #COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of
FROM: Jimmy L. Morales, City Manager
DATE: June 10,2015
SUBJECT: Required Enclosures for Rental
READING - PUBLIC HEARING
City
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 "GENERAL
PROVISIONS", SECTION 114-1, "DEFIN|T!ONS", By MODIFYING THE
DEFINTION OF COMMERCIAL VEHICLE; BY AMENDING CHAPTER 142
"ZONING DISTRICTS AND REGULATIONS;" ARTICLE IV,,.SUPPLEMENTARY DISTRIGT REGULATIONS", DIVISION 1,,.GENERALLY" TO MODIFY THE REQUIREMENTS FOR REQUIRED
ENGLOSURES TO CREATE AN ALLOWANCE FOR THE OUTDOOR
EXPOSURE OF RENTAL CAR VEHICLES; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
ADMINISTRATION REGOMMENDATION
The Administration recommends that the City Commission accept the recommendation of the
Land Use and Development Committee via separate motion; and approve the attached
Ordinance at First Reading, and schedule a Second Reading Public Hearing for July 8,2015.
BACKGROUND
On March 11,2015, the City Commission (ltem C4l), at the request of Comm. Jonah Wolfson,
referred a discussion item to the Land Use and Development Committee (LUDC) regarding
proposed amendments to the City Code pertaining to the parking of rental cars in commercial
districts.
On April 1, 2015, the Land Use Committee discussed the item and recommended that the
attached Ordinance Amendment be referred to the Planning Board.
On April 15,2015, the City Commission (ltem C4F) referred the item to the Planning Board.
On May 7,2015, the Mayor's Blue Ribbon Panel on North Beach made the following
recommendations (each by a vote of 3-0):
1. Recommending that parking and storage of vehicles for rent or lease at the site of a car
rental agency should be a conditional use and that simply allowing the use through a
FI
Car Facilities
484
Commission Memorandum
Required Enclosures for Rental Cars
June 10,2015 Page 2 o'f 2
change of definition is insufficient in allowing the City to insure such a use is compatible
with neighboring areas and future plans for the areas.
2. Recommending if the Planning Board and City Commission are inclined to approve the
proposed amendment to Chapter 114, Section 114- 1 to modify the definition of "
Commercial Vehicles", that the proposed amendment to Chaptet 142, Article lV, Division
1 " Required enclosures" be modified to from six feet in height to three feet in height.
ANALYS!S
The proposed Ordinance Amendment would allow automobile rental agencies to store vehicles
outside of an enclosed building. The proposal includes safeguards to ensure that the storage of
vehicles in outdoor areas does not negatively impact surrounding properties. Specifically,
vehicles stored on the same site as the rental agency must be screened from the public right of
way and adjoining properties when viewed at five feet, six inches above grade.
The Mayor's Blue Ribbon Panel on North Beach, at their May 7, 2015 meeting (see attached
LTC), recommended some refinements to the proposal, including a requirement of Conditional
Use Approval for the outdoor storage of rental vehicles, as well as a reduction in the mandatory
hedge height. For safety reasons, Planning staff also recommended a lower landscape buffer
adjacent to the sidewalk, in addition to the minimum setback required of the underlying zoning
district.
PLANNING BOARD REVIEW
On May 26,2015, the Planning Board (by a 5-0 vote) transmitted the proposed Ordinance to the
City Commission with a favorable recommendation. The Planning Board also recommended
that the height of the required landscape buffer be reduced to a maximum of three (3') feet
above grade. The attached Ordinance includes the recommendations of the Planning Board.
FISCAL IMPAGT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall
consider the long term economic impact (at least 5 years) of proposed legislative actions," this
shall confirm that the City Administration City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not
expected to have a negative fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission: 1) accept the recommendation of
the Land Use and Development Committee via separate motion; and 2) approve the attached
Ordinance at First Reading and schedule a Second Reading Public Hearing for July 8,2015.
JLM/JMJ/TRM
T:\AGENDA\2015Uune\Required Enclosures for Rental Cars - First Reading MEM.docx
485
Required Enclosures for Rental Car Facilities
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 "GENERAL
PROVISIONS", SECTION 114.1, "DEFINITIONS", BY MODIFYING THE
DEFINITION OF COMMERGIAL VEHICLE; BY AMENDING CHAPTER 142
"ZONING DISTRICTS AND REGULATIONS;" ARTICLE !V,
"SUPPLEMENTARY DISTRICT REGULATIONS", DIVISION 1,,,GENERALLY"
TO MODIFY THE REQUIREMENTS FOR REQUIRED ENCLOSURES TO
CREATE AN ALLOWANGE FOR THE OUTDOOR EXPOSURE OF RENTAL
CAR VEHIGLES; PROVIDING FOR REPEALER; SEVERABILTTY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, Chapter 142 of the City Code, entitled "Zoning Districts and Regulations,"
includes supplementary district regulations that address enclosures; and
WHEREAS, Chapter 142 is proposed to be amended to allow the outdoor storage of
rental cars; and
WHEREAS, the amendment set forth below is necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEAGH, FLORIDA:
SEGTION 1. That Chapter 114, "General Provisions," Section 114-1, "Definitions," is
amended, as follows:
Commercial vehicle means any vehicle, including but not limited to trucks, trailers, semitrailers,
tractors. and motor homes, and vehicles for rent or lease utilized in connection with the
operation of a commerce, trade. or business, or automobile rental aqencv as defined in Sec.
102-356. and not utilized as a dwelling.
SECTION 2. That Chapler 142, "Zoning Districts and Regulations", Article lV, "supplementary
District Regulations," Division 1, "Generally," is amended, as follows:
Sec. 142-874. - Required enclosures.
(a) Sfore enclosures. ln all use districts designated in these land development regulations,
the sale, or exposure for sale or rent, of any personal property, including merchandise,
groceries or perishable foods, such as vegetables and fruits, is prohibited, unless such
sale, or exposure for sale, is made from a substantially enclosed, permanent building;
provided, however, that nothing herein contained shall be deemed applicable to rooftop
areas not visible from the right-of-way, filling stations, automobile service stations.
vehicles for rent or lease utilized in connection with the operation of an automobile rental
aoencv as defined in Sec. '102-356. provided that the exposure of the vehicles is on the
same site at which the automobile rental aqencv is located, and that such exposed
vehicles are partiallv screened from view as seen from anv riqht-of-wav or adioinino
propertv when viewed from five feet six inches (5'-6") above grade. with aopropriate
486
landscapino not to exceed three (3') feet in heioht from orade. or repair shops; uses
having revocable permits or beach concessions operated or granted by the city, news
racks or newspaper stands, or displays at sidewalk cafes as permitted in subsection 82-
384(ff,), wherever such uses are otherwise permissible.
SECTION 3. 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 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2015.
Philip Levine, Mayor
ATTEST:
APPROVED AS TO
FORM & IANGUAGERafael E. Granado, City Clerk
First Reading: June 10, 2015
Second Reading: July 8, 2015
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
S+rit<etnreush denotes removed lang uage
[Sponsored by Commissioner Wolfson]
T:\AGENDA\201S\June\Required Enclosures for Rental Cars - First Reading ORD.docx
GltyAttomeY
EXECUTION
(-5HP
2
487
t,E sUt'loAY, HAY 51, 2015 I XSNE
I .-. i-r 6
-.:::i::::::::::., -..191,'{:l!: ji-.,.,
iiri:Ali,ill3i;..&,{H
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HTARING
OHDINANCE TO CONSOLI DATE, AM EN D
AND CLABIFY REOUIHED ENCTOSUHES FOR
HENTAL CAB FACILITIES
NOTICE l$ llEflEBY givon thatthe following first roading/public hearing
will bs hold by tha Mayor and Cirt' Commissioners of ths City of Miami
Boach, Florida, in the Commission Chambers, Third Floor, City Hall,
1700 Conventlon Centar Drive, Miami Beach. Florida. on June 10,2015
at 5:06 p,m., or a$ soon thereafter as the matter can be hoard:
An Ordinance Amending Chapter 114 "General Provisions?
section '114-1, "Definition$; By ModifyingTh6 Definirion of
Commercial Vehicle; By Amending Chapter 142 "Zonlng
Distrists And Hegulations;" Article lV, "Supplementary
District fiegulations'l Division 1, "Gensrally" To Modify
The Requirements For Required Enclosures To Create
.An .Allowance For The Outdoor Exposure Of ftental Car
Veh icles; Providing For Ropoalor; Soverabillty; Codification;
And An Effective Date.
lnquiries may be directed to tho Planning Depafimsnt at 305.673.7550.
INTERESTED PARTIE$ are invitecl to appsar at this meeting. or ba
represented by an agent, orto express theirviews in writing addressed
to ths City Commission, c/o the City Cierk, 1700 Convention Contar
Drive, First Floor, CiW Hall, Miami Beach, Ftorida 33133. This item is
available for public inspection during normal business hours in the
O{fice of the City Clerk. 1700 Convention Center Drive, First Floox City
Hall, Miami tleach, Florida 33139,This item may be continued. aild
under surh circumstances, additional legal notica need not be proyided,
Pursuant to Section ?86.0105, FIa" Stat., the City horeby advises th8
public that if a person dacides to appaal any decision made by the
City Commission with respect to any matter considered at its meeting
or it$ hsaring. such person must ensure that a verbalim record of
thn proceedings is made, whiclr record includes the testimony and
evidence upon which theappeal is to be based,This notice does not
constitute consent by the City for the introduction or admission of
oth6rwis6 inadmissible cr irrelavant evidancs. nor does it authorize
challenges or appeals not otherwise allowad by law.
To request this material in alternate format, sign language interpretsr
(five-day notico requirod), information on accsss for persons with
disabilitios, and/or any accommodation to review any document or
participats in any city-sponsored proceedings. call 305.S04.2489 and
$eloct 1 for English or 2 for Spanish, th6n option 8;TTY usors may call
via 711 {Florida Felay Servica}.
Rafael E. Granado, City Clerk
City of Miami Eeach
488
COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance that establishes separate, reduced setback requirements for
commercial buildings that do not contain any hotel or residential units within the MXE (Mixed Use
Entertainment) District.
AGENDA mEnr RS N
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort out forth bv the Citv to reoulate
Item Summary/Recommendation :
FIRST READING
The subject Ordinance would allow for more appropriate, context sensitive retail development, by
reducing the front and side facing the street setback requirements for a purely retail development of
2-stories or less, to five (5) feet.
The Land Use and Development Committee discussed the proposed Ordinance on September 3,
2014, and recommended approval of the Ordinance as proposed. The Ordinance was approved at
First Reading on October 22,2014. At Second Reading on November 19,2014, the item did not move
forward due to the lack of a second to a motion to approve.
On March 11,2015, at the request of Commissioners Michael Grieco and Joy Malakoff, the City
Commission agreed to have the matter placed on the April 15,2015 Commission agenda, for a new
First Reading. On April 15, 2015, the matter was not approved at First Reading. On May 6, 2015, at
the request of Commissioner Jonah Wolfson, the matter was re-considered and a new First Reading
date was set for June 10, 2015.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and 2) approve the attached Ordinance at
First Readinq and schedule a Second Readinq Public ino for Julv 8. 2015.
On September 23,2014, the Planning Board (vote of 5-1), transmitted the attached proposal to the
City Commission with a favorable recommendation. (Planning Board File No. 2211).
On April 14, 2015, the Historic Preservation Board recommended in favor of the Ordinance.
Financia! I nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Thomas Mooney
MIAMIBEACH DATE & IO-I f489
MIAMIBEACH
€ity of Miomi Beoch, i 700 Convention Center Drive, Miomi Beoch, Florido 33,I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: June 10,2015
SUBJECT: MXE Setback Regulations
mission
FIRST READING
AN ORDINANCE OF THE MAYOR AND CITY GOMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS (LDRs) OF THE CITY CODE,
CHAPTER 142, "ZONING DISTRIGTS AND REGULATIONS,"
ARTICLE II, "DISTRICT REGULATIONS"" DIVISION 13, ..MXE
MIXED USE ENTERTAINMENT DISTRICT," AT SECTION 142-
547, "SETBACK REQUIREMENTS," BY AMENDING THE
SETBACK REQUIREMENTS TO INCLUDE SEPARATE,
REDUCED SETBACK REQUIREMENTS FOR COMMERCIAL
BUILDINGS THAT DO NOT CONTAIN ANY HOTEL OR
RESIDENTIAL UNITS; PROVIDING FOR GODIFICATION;
REPEALER; SEVERABILITY, AND AN EFFECTIVE DATE.
ADM!NISTRATION RECOMMENDATION
The Administration recommends that the City Commission accept the recommendation
of the Land Use and Development Committee via separate motion; and approve the
attached Ordinance at First Reading, and schedule a Second Reading Public Hearing
for July 8, 2015.
BACKGROUND
On July 23,2014, at the request of Commissioner Michael Grieco, the City Commission
referred an amendment to the Land Development Regulations in the MXE Zoning
District, as they apply to non-hotel uses, to the Land Use and Development Committee
and the Planning Board (item C4N). The Land Use and Development Committee
discussed the proposed Ordinance on September 3, 2014, and recommended approval
of the Ordinance as proposed.
The Ordinance was approved at First Reading on October 22,2014. At Second Reading
on November 19, 2014, the item did not move forward due to the lack of a second to a
motion to approve.
On March 11,2015, at the request of Commissioners Michael Grieco and Joy Malakoff,
the City Commission agreed to have the matter placed on the April 15, 2015
490
Commission Memorandum
Ordinance Amendment - MXE Setback Regulations
June 10,2015 Page 2 of 2
Commission agenda, for a new First Reading. The Commission also requested that the
Historic Preservation Board (HPB) review the Ordinance prior to April 15,2015, in order
to provide input.
On April 14, 2015, the HPB reviewed the proposed Ordinance and recommended in
favor. On April 15,2015, the City Commission did not approve the subject Ordinance at
First Reading. On May 6, 2015, at the request of Commissioner Jonah Wolfson, the City
Commission agreed to have the matter placed on the June 10, 2015 Commission
agenda, for a new First Reading.
ANALYS!S
The setback regulations in the MXE zoning district were created based upon the historic
pattern of typical hotel development along Collins Avenue. Elevated front porches along
the front elevations, with open courtyards along the street side elevations, characterize
such historic fabric. The MXE district provides requirements as to the depth and length
of such porches as well as the length and square footage of the required courtyard
spaces.
While these regulations have been successful and can readily be accommodated when
applied to larger residential, hotel, or mixed-use developments, they have not been as
effective when applied to smaller, single tenant retail projects. For stand-alone retail
buildings, such requirements create an awkward building typology. For instance, if a
project does not provide the required porch and open space, the required front setback
is 20 feet, which for a retail project, is antitheticalto good urban design.
The proposed Ordinance amendment would allow for more appropriate, context
sensitive retail development, by reducing the front and side facing the street setback
requirements for a purely retail development of 2-stories or less, to five (5) feet. Such a
setback would allow for an expanded sidewalk up to the building line, and the
incorporation of street trees along the street fronts.
PLANNING BOARD REVIEW
On September 23, 2014, the Planning Board (by a 5-1 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission. 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) approve the attached Ordinance at First Reading and schedule a Second Reading
Public Hearing for July 8,2015.
JLM/JMJ/TRM/MAB/RAM
T:\AGENDA\201 5U une\MXE Setbacks - First Reading MEM.docx
491
MXE Setbacks
ORD!NANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLOR!DA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDRs) OF THE CITY CODE, CHAPTER 142, "ZON|NGDISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS''" DIVISION 13, "MXE MIXED USE ENTERTAINMENT
DISTRICT," AT SECTION 142.547, "SETBACK REQUIREMENTS," BY
AMENDING THE SETBACK REQUIREMENTS TO INCLUDE SEPARATE,
REDUCED SETBACK REQUIREMENTS FOR COMMERCIAL BUILDINGS
THAT DO NOT CONTAIN ANY HOTEL OR RESIDENTIAL UNITS; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach recognizes the unique character of the Ocean
Drive - Collins Avenue MXE district and the Ocean Terrace MXE district; and
WHEREAS, the MXE district is composed of a mixture of uses, including hotels,
residential, and commercial development; and
WHEREAS, the current setback regulations, including porch and courtyard requirements
are most applicable to hotel, residential, and mixed-use development; and
WHEREAS, the City recognizes that for purely lower scale retail development, different
setback regulations are warranted in order to ensure an active urban design character; and
WHEREAS the Planning Board, at its meeting dated September 23, 2014 by a vote of 5-
1 recommended in favor of the Ordinance; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 142,"Zoning Districts And Regulations," Article ll, "District Regulations",
Division 13, "MXE Mixed Use Entertainment District," Section 142-547, "Setback requirements,"
is hereby amended as follows:
Sec. 142-547. Setback requirements.
(a) The setback requirements for the MXE mixed use entertainment district are as follows:
(1) Front.
a. Oceanfront: Pedestal and tower, 50 feet; however, sculptures, fountains or architectural
features when approved by the design review board are permitted in the required front
yard.
b. Non-oceanfront:
1. Pedestal, ten feet.
492
2. Lots 100 feet in width or greater,20 feet; for buildings with a ten-foot-deep covered
front porch running substantially the full width of the building front, the front setback
shall be five feet. Furthermore, for lots 100 feet in width or greaterlha[_gsntain hqtel_eI
apartment units, the front setback shall be extended to include at least one courtyard,
open to the sky, with a minimum width of ten feet and a minimum area of three square
feet for every linear foot of lot frontage.
3. Tower, 50 feet.
4. Notwithstandino the foreooino. for a buildinq containino exclusivelv retail uses. not
exceedinq two (2) stories in height, with a lot line on Collins Avenue. the minimum
oedestal setback shall be five (5) feet.
(2) Side, interior.
a. Oceanfront: Pedestal and tower, 15 percent of the lot width.
b. Nonoceanfront:
1. Architectural district, five feet.
2. All other areas:
i. Pedestal, five feet.
ii. Tower, 7.5 feet.
(3) Side, facing a street.
a. Oceanfront: Pedestal and tower, 15 percent of the lot width, plus five feet.
b. Nonoceanfront: Ten percent of the lot width plus five feet, not to exceed 25 feet. However,
lots less than 100 feet in width shall have a minimum setback of five (!) feet.
1. Nonoceanfront structures may comply with these requirements or have the option of
the following:
i. Pedestal, five (!) feet.
ii. Tower, 7.5 feet.
2. Provided that nonoceanfront lots 100 feet or greater in width shall incorporate the
following, which may be waived at the discretion of the historic preservation board,
consistent with the certificate of aooropriateness criteria. contained in chaoter 118.
article X. for a building containino exclusively retail uses. not exceedinq two (2) stories
in heiqht, with a lot line on Collins Avenue:
i. A ten-foot-deep porch running substantially the full side length of the building,
with a minimum floor-to-ceiling height of 12 feet;and
ii. One courtyard, open to the sky, with a minimum of 1,000 square feet and a
minimum average depth of 20 feet. The long edge of the courtyard shall be along
the side property line. The area of the courtyard shall be increased by an
additional 50 square feet for every one foot of building height above 30 feet as
measured from grade.
(4) Rear.
a. Oceanfront: 25 percent of the lot depth or 75 feet minimum from the bulkhead line,
whichever is greater.
b. Nonoceanfront:
1. Architectural district, zero (Q) feet if abutting an alley, otherwise ten feet.
2. All other areas, ten feet.
(b) Existing structures which are being substantially renovated are permitted to retain the existing
setback areas; however, the setback area shall not be reduced. When additional floors are
493
constructed, they shall be permitted to retain the same setbacks as the existing floors. The
provisions of section 118-398 relating to bulk shall not be applicable to the foregoing setback
requirements.
(c) For the setback criteria above that aoplies exclusively to retail uses, a restrictive covenant in a form
acceotable to the citv attornev. committino the property to such use, shall be recorded prior to the
issuance of anv buildinq permit for such relail use.
SECTION 2. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be
and the same are hereby repealed.
SECTION 3. COD!FICATION
It is the intention of the City Commission, and it is hereby ordained that the provisions of this
ordinance shall become and be made part of the Code of the City of Miami Beach as amended;
that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 4. SEVERABILITY
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 shall take effect ten days following adoption.
PASSED AND ADOPTED this _ day of 2015.
MAYOR
ATTEST:
CITY CLERK
First Reading: June 10,2015
Second Reading: July 8, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
T:\AGENDA\201S\June\MXE Setbacks - ORD First Reading.docx
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
494
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MIAMIBEACH
To:
Date:
From:
Mayor Philip Levine
Members of the City Commission
Jimmy Morales, City Manager
June 10, 2015
COMMISSION MEMORANDUM
Raut Aguita, City Attor ^&J*}o; \ --
subject: AN ORDINANCE oF THE MAYOR AND clrY coMMlsstoN oF THE
CIry OF MIAM! BEAGH, FLORIDA, AMENDING CHAPTER 66, "MARINE
STRUCTURES, FACILITIES AND VEHICLES," ARTICLE lV, ,,VESSELS,"
SEGTION 66.151, "LAUNCHING AND HAULING," TO AUTHORIZE THE
INSTALLATION OF "TOW.AWAY ZONE" SIGNS ALONG PUBLIC
SEAWALLS AND TO AUTHORIZE TOWING; PROVIDTNG FOR
REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTTVE
DATE.
lntroduction
The City Commission has received complaints about persons docking at public seawalls
in both single-family and multi-family zoning districts, causing problems and concerns in such
districts. The seawalls serve a purpose of protecting the island and any public improvements
from seawater encroachment. The seawalls are not designed to act as a dock for the
launching, docking or hauling of vessels. Moreover, individuals may be injured due to attempts
to improperly tie to or dock at seawalls, as the bayfront may be covered in coral, rocks, oysters
beds, or various seaweeds that can cause slipping hazards. lmproper docking is a liability risk
to the City, and the seawalls are not routinely monitored and improper use of the seawalls as a
dock, launching or hauling location would not be protective of the health, safety and welfare of
the citizens and visitors of Miami Beach. lmproper and unauthorized docking may result in
damage to the seawall.
On April 15, 2015, the City Commission approved, at second reading, modifications to
Chapter 66, to provide enforcement against improper docking, launching and hauling along all
City seawalls, regardless of whether the seawall is in a single-family or multi-family zoning
district. Subsequently, the City Marine Patrol and Code Compliance divisions determined that
they were not authorized to tow vessels from the City's seawalls, despite the fact that the City's
ordinances now preclude the launching, docking or hauling of vessels from the City's public
seawalls.
ln order to allow the Marine Patrol and Code Compliance to enforce the City's Code, and
to be able to tow violating vessels, Chapter 66 is proposed to be amended to specifically
authorize the City to tow.
Agenda ltem RSO
Date 6-10'15495
Seawall Towing Ordinance
Memorandum
June 10,2015
Page 2 of3
The amendments set forth below are necessary to place the community on notice that
improper unauthorized use or access to the seawalls shall result in towing of vessels.
Proposed Language:
Sec. 66-151. - Launching, hauling and docking at public seawall, etc., prohibited -unzulhorizec!
vessels.
(a) No person shall launch, dock, or remove any vessel from the waters of the city over any
public seawall, sidewalk, street end, or public property except at locations where a regular
business of launching, docking and hauling vessels is conducted, which has the necessary
equipment to do such work, or in areas designated and posted for such purpose by the city.
Anv vessel that is docked alono a citv seawall shall be considered an unauthorized vessel.
(b) Docking of unauthorized vessels at public seawalls in residential neighborhoods prohibited.
An additional enforcement mechanism has been added to (bX2)a.6. to provide "The City mav
alternatelv elect to have the unauthorized vessel towed pursuant to subsection b.2. below."
Pursuant to that subsection the City shall post on all public seawalls the following notice, and
comply with the following requirements:
"TOW-AWAY ZONE. 24 HOURS: 7 DAYS. UNAUTHORIZED VESSELS WILL BE
TOWED AWAY AT OWNERS' RISK AND EXPENSE. TTELEPHONE NUMBER
AND NAME OF TOWING COMPANY TO BE INSERTEDI'
ln order to establish a tow-awav zone to remove unauthorized vessels from beino
docked at or alonq the citv's seawall, the citv, must provide the above notice. The
notice must be prominentlv placed alonq the seawall. with not less than one sion for
each 25 feet of frontase. The notice must clearlv indicate. in not less than two (2)
inch hiqh, lioht-reflective letters on a contrastinq backqround that unauthorized
vessels will be towed awav at the owner's expense. The words "tow-awav zone"
must be included on the sion in not less than four (4) inch hiqh letters. The notice
must also provide the name and current telephone number of the person or firm
towinq or removinq the vessels. The siqn structure containinq the required notice
musts must be permanentlv installed with the words "tow-awav zone" not less than
three (3) feet and not more than six (6) feet above qround level and must be
continuouslv maintained on the seawall for not less than 24 hours prior to the towinq
or removal of anv unauthorized vessels.
Fiscal lmpact:
The City does not currently have a towing contract in place, for either derelict vessels or towing
for a violation of Chapter 66. Marine Patrol vessels are not properly equipped to tow vessels.
496
Seawall Towing Ordinance
Memorandum
June 10,2015
Page 3 of3
The City will need to issue a bid for towing services and as part of that bid the City will require
the towing company to install the above referenced towing signs along the City's seawalls. The
preparation and installation of the signs shall be required under the bid. The City is currently
unaware of the cost associated with towing the vessels. There are three vessel related towing
companies in Miami-Dade County. lf the owner of the vessel claims the vessel from the towing
company, the cost associated with the tow would pass to the vessel owner. Othenuise, the City
will be responsible for the towing and any disposal costs.
Recommendation:
Approval.
497
ORDINANCE NO.
AN ORDINANGE OF THE MAYOR AND CIry COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66,..MARINE STRUCTURES, FACILITIES AND VEHICLES," ARTICLE IV,
"VESSELS," SECTION 66-151, "LAUNCHING AND HAULING," TO
AUTHORIZE THE INSTALLATION OF "TOW-AWAY ZONE" SIGNS
ALONG PUBLIC SEAWALLS AND TO AUTHORIZE TOWING;
PROVIDING FOR REPEALER; GODIFICATION; SEVERABILITY AND
AN EFFECTIVE DATE.
WHEREAS, the City Code, Chapter 66, provides for the regulation of vessels
and docking, including limitations on docking at public and private land within the City;
and
WHEREAS, the City Commission has received complaints about persons
docking at public seawalls in single family neighborhoods causing problems and
concerns in such neighborhoods; and
WHEREAS, the code currently provides that the launching, docking or hauling of
boats from the City's public seawalls within its residentialzoning districts is a violation of
the City's Code; and
WHEREAS, the City in its proprietary authority, as the owner of many public
seawalls within the various residential zoning districts desires to regulate the access to
and use of the City's seawalls; and
WHEREAS, the seawalls serve a purpose of protecting the island and any public
improvements from seawater encroachment; and
WHEREAS, the seawalls are not designed to act as a dock for the launching,
docking or hauling of boats; and
WHEREAS, individuals may be injured due to attempts to improperly tie to or
dock at seawalls, as the bayfront may be covered in coral, rocks, oyster beds, or various
seaweeds that can cause slipping hazards; and
WHEREAS, improper docking is a liability risk to the City, and the seawalls are
not routinely monitored and improper use of the seawalls as a dock, launching or hauling
location would not be protective of the health, safety and welfare of the citizens and
visitors of Miami Beach; and
WHEREAS, improper and unauthorized docking may result in damage to the
seawall; and
WHEREAS, the amendments set forth below are necessary to put the
community on notice that such improper unauthorized use or access to the seawalls
shall result in towing of the vessel.
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498
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CIry
COMMISSION OF THE CIry OF MIAM! BEACH, FLORIDA, AS FOLLOWS:
Section 1. Chapter 66, "Marine Structures, Facilities and Vehicles," Article lV, "Vessels,"
Section 66-151, "Launching, hauling and docking at public seawall, etc., prohibited," is
hereby amended as follows:
Sec.66-151. - Launching, hauling and docking at public seawall, etc., prohibited -
unauthorized vessels.
(a) No person shall launch, dock, or remove any vessel from the waters of the city over
any public seawall, sidewalk, street end, or public property except at locations where a
regular business of launching, docking and hauling vessels is conducted, which has the
necessary equipment to do such work, or in areas designated and posted for such
purpose by the city. Anv vessel that is docked alonq a citv seawall shall be considered
an unauthorized vessel.
(b) Docking of unauthorized vessels at public seawalls in residential neighborhoods
prohibited.
(1) No person shall dock or otherwise secure any vessel, or embark or disembark
any passengers or charter parties, at any municipal or public seawall, wharf,
dock, or bulkhead, in a residential neighborhood, except in case of emergency
involving safety to life or property.
(2) Enforcement and penalties.
Civil fine for violators. The following civil fines shall be imposed for a violation of
this section:
1. First offense within a 12-month period a fine of $100.00;
2. Second offense within a 12-month period a fine of $250.00;
3. Third or fourth offenses within a 12-month period a fine of $500.00;
4. Fifth offense within a 12-month period a fine of $1,000.00; and
5. Sixth offense and subsequent offenses within a 12-month period a fine of
$2,500.00.
The Citv mav also elect to have the unauthorized vesseltowed pursuant to sub-
section b.2.. below.
Enforcement.
1. The Code Compliance Department or the Miami Beach Police Department
shall enforce the provisions of this section. This shall not preclude other law
a.
b
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499
enforcement agencies or regulatory bodies from any action to assure
compliance with this section and all applicable laws. lf an enforcing officer
finds a violation of this section, the officer shall issue a notice of violation to
the violator. The notice of violation shall inform the violator of the nature of
the violation, amount of fine for which the violator is liable, instructions and
due date for paying the fine, notice that the violation may be appealed by
requesting an administrative hearing within ten days after service of the
notice of violation, and that failure to appeal the violation with the ten days
shall constitute an admission of the violation and a waiver of the right to a
hearing.
2. The Citv shall post on all public seawalls the followins notice:
"TOW-AWAY ZONE. 24 HOURS: 7 DAYS. UNAUTHORIZED VESSELS
WILL BE TOWED AWAY AT OWNERS' RISK AND EXPENSE.
ITELEPHONE NUMBER AND NAME OF TOWING COMPANY TO BE
INSERTED]'
ln order to establish a tow-awav zone to remove unauthorized vessels from
beinq docked at or alonq the citv's seawall, the citv must provide the above
notice. The notice must be prominentlv placed alonq the seawall, with not
less than one siqn for each 25 feet of frontaqe. The notice must clearlv
indicate, in not less than two (2) inch hiqh, liqht-reflective letters on a
contrastinq backoround that unauthorized vessels will be towed awav at the
owner's expense. The words "tow-awav zone" must be included on the sion
in not less than four (4) inch hioh letters. The notice must also provide the
name and current telephone number of the person or firm towinq or removinq
the vessels. The siqn structure containino the required notice must be
permanentlv installed with the words "tow-awav zone" not less than three (3)
feet and not more than six (6) feet above qround level and must be
continuouslv maintained for not less than 24 hours prior to the towino or
removal of anv unauthorized vessels.
d. Rights of violators as to fines; payment of fine; right to appear; failure to pay civil
fine or to appeal.
1. A violator who has been served with a notice of violation as identified in
subsection (a) shall elect either to:
A. Pay the civil fine in the manner indicated on the notice of violation;
or
B. Request an administrative hearing before a special master to
appeal the notice of violation within ten days of the issuance of the
notice of violation.
2. The procedures for appeal by administrative hearing of the notice of
violation shall be as set forth in sections 30-72 and 30-73.
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500
lf the named violator, after issuance of the notice of violation, fails to pay
the civil fine, or fails to timely request an administrative hearing before a
special master, the special master shall be informed of such failure by
report from the officer. Failure of the named violator to appeal the
decision of the officer within the prescribed time period shall constitute a
waiver of the violator's right to administrative hearing before the special
master, and be treated as an admission of the violation, and fines and
penalties may be assessed accordingly.
A certified copy of an order imposing a fine may be recorded in the public
records and thereafter shall constitute a lien upon any real or personal
property owned by the violator and it may be enforced in the same
manner as a court judgment by the sheriffs of this state, including levy
against the violator's real or personal property, but shall not be deemed to
be a court judgment except for enforcement purposes. After two months
from the recording of any such lien which remains unpaid, the city may
foreclose or otherwise execute upon the lien.
Any party aggrieved by a decision of a special master may appeal that
decision to a court of competent jurisdiction.
The special master shall be prohibited from hearing the merits of the
notice of violation or consideration of the timeliness of the request for an
administrative hearing if the violator has failed to request an
administrative hearing within ten days of the issuance of the notice of
violation.
**
SECTION 2. Repealer.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. Godification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention, and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 4. Severability.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
4.
5.
6.
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501
SECTION 5. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of June, 2015.
ATTEST:
Rafael E. Granado, City Clerk
First Reading:
Second Reading:
Underscore denotes new language.
.
[Sponsored by Mayor Philip Levine].
F:\ATTO\BOUE\Ordinances\TOWING Docking Ordinance All Residential.doc
Philip Levine, Mayor
City Attorney
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
l"- r'15
5of5
502
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:F
To:Mayor Philip Levine
Members of the City Commission
Jimmy Morales, City Manager
June 10,2015
COMMISSION MEMORANDUM
Date:
From:Raut Aguita, City Attor ^"€l-LC",
(*
Subject: AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATTONS (LDR',S) OF THE CITY CODE, AT CHAPTER 118, ENTITLED
..ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE V! "DESIGN
REVIEW PROCEDURES, BY MODIFYING SECTION 118.252, ENTITLED
..APPLIGABILITY AND EXEMPTIONS" TO EXCLUDE FROM DESIGN
REVIEW BOARD REVIEW G!ry APPLIGATIONS RELATING TO
STORMWATER PUMP STATIONS; PROVIDING FOR GODIFIGATION,
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
lntroduction
On June 9, 2010, the City of Miami Beach (City) authorized CDM Smith lnc.
(CDM Smith) to develop a City-wide Comprehensive Stormwater Management Master
Plan (SWMMP) in order to evaluate and update its stormwater management practices,
infrastructure, funding, and regulatory policies. Miami Beach is one of 16 municipalities
that entered into an lnterlocal Agreement (lLA) with Miami- Dade County in 1993
(subsequently 17 additional municipalities have also entered an lLAwith Miami- Dade
County), authorizing Miami-Dade County to be the lead permittee in submitting a
National Pollutant Discharge Elimination System (NPDES) Stormwater Permit
Application, which was required by federal law. One condition of the ILA requires the
City of Miami Beach to develop a SWMMP that is consistent with Miami-Dade County's
Master Plan.
The SWMMP is intended to be a guide for improving the City's stormwater
management system flood control and water quality performance for the next 20 years,
with considerations of potential sea level change (SLC) over 20-years of stormwater
infrastructure and a S0-year planning horizon for sea wall heights. SLC, to the extent it
occurs, will worsen flooding potential in the City by raising the tide levels and water table
and by making it more difficult to discharge stormwater out of the area. The SWMMP
Agenda ttem RSP
Date 6-{O-tf503
Pumping Stations Exemption
Memorandum
June 10,2015
Page 2 of3
provides a preliminary schedule of prioritized capital improvements necessary to allow
the City's stormwater systems to: meet the increasing performance and regulatory
demands, modernize existing systems for both flood control and water quality, and
maintain the City-desired flood control level of service (LOS).
The City is a highly urbanized coastal community located in southeast Florida
and is a major economic resource to the region. Bounded by the Atlantic Ocean and the
environmentally sensitive Biscayne Bay Aquatic Preserve, which is also an Outstanding
Florida Water (OFW) requiring strict environmental protection, the study area covers
approximalely 4,200 acres. The City has relatively low-lying land that is intersected by
intracoastal waterways with limited natural storage and large areas of re-development.
The subtropical climate entails high-intensity rainfall and significant tidal influence, and
The above factors all contribute to historical and potential future severe rainfall
and tidal flooding. ln the SWMMP, the City evaluated project areas to determine the
level of infrastructure improvements necessary to meet the City's established Level of
Service for the statistically calculated once-in-5-year storm. The City selected a tiered
Best Management Practice (BMP) treatment train approach was used to identify the
most effective solutions for each project area and to identify opportunities for flood
control, water quality, aquifer recharge, and stormwater harvesting and irrigation use,
which approach was incrementally formulated from the simplest tier 1 (e.9., back flow
preventers) through the most complex and costly tier 4 (e.9., underground storage), and
bundled together to determine the economic feasibility of proposed infrastructure
improvements.
Due to the anticipated significant capital investment and stringent permitting to
discharge into Biscayne Bay, the tiered approach will allow the City to proceed with
specific elements of the BMP treatment train as economic conditions permit, which
would allow for future addition of tiers to ultimately meet the full S-year LOS while
monitoring and adjusting tosea- level rise conditions.
The prompt and swift installation of the City's Stormwater pumping stations is
necessary for the health, safety and welfare, and installation is anticipated to cost the
City over $196 - $206 million in capital improvements. The City has taken a strong
leadership roll relating to flooding and climate control. Due to the increase in flooding in
the City due to Climate Control and the resulting "king" tides that cause tremendous
damage to the City's roads, infrastructure and to private property, the City is proceeding
with implementing its SWMMP including, by installing major gravitational pumps and
manual pumps throughout the City to ensure that during a high-tide event, the City can
504
Pumping Stations Exemption
Memorandum
June 10,2015
Page 3 of3
keep the streets and private property from unduly flooding.
The City Code, at 118-252 provides that the Design Review Board is to review all
above ground public works improvements within the City's rights-of-way or on City
property. To ensure the prompt and uniform installation of the necessary pumps, in the
locations needed by the City, the City desires to amend its land development code in
order to exempt review of the locations and design of such pumps from the Design
Review Board, as such review would delay the installation of the pumps and would cost
the City additional funds that have not been anticipated, as well as possibly interfere
with the proper location and function of the necessary public improvements.
Fiscal lmpact:
The ordinance modification will reduce the City's costs in implementing the SWMMP and allow
for the pump stations to be installed without delay. As a result, the City will not suffer delays
construction contract delays, nor require the City to expend funds on additional surveys, and
filing fees relating to a public hearing application.
Recommendation:
Approve the amendment.
F:\ATTO\BOUE\Memos\Seawall towing ordinance city commission memorandum.docx
505
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATTONS (LDR',S) OF THE CtTy CODE, AT
CHAPTER 118, ENTITLED "ADMINISTRATIVE AND REVIEW
PROCEDURES," ARTICLE VI "DESIGN REVIEW PROCEDURES, BY
MODIFYING SECTION 118.252, ENTITLED ..APPLICABILITY AND
EXEMPTIONS" TO EXCLUDE FROM DESIGN REVIEW BOARD
REVIEW CIry APPLICATIONS RELATING TO STORMWATER PUMP
STATIONS; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which
promote the public health, safety and generalwelfare of its citizens; and
WHEREAS, on June 9,2010, the City of Miami Beach (City) authorized CDM
Smith lnc. (CDM Smith) to develop a City-wide Comprehensive Stormwater
Management Master Plan (SWMMP) in order to evaluate and update its stormwater
management practices, infrastructure, funding, and regulatory policies; and
WHEREAS, Miami Beach is one of 16 municipalities that entered into an
lnterlocal Agreement (lLA) with Miami- Dade County in 1993 (subsequently 17
additional municipalities have also entered an lLA with Miami- Dade County),
authorizing Miami-Dade County to be the lead permittee in submitting a National
Pollutant Discharge Elimination System (NPDES) Stormwater Permit Application, which
was required by federal law; and
WHEREAS, one condition of the ILA requires the City of Miami Beach to develop
a SWMMP that is consistent with Miami-Dade County's Master Plan; and
WHEREAS, the SWMMP is intended to be a guide for improving the City's
stormwater management system flood control and water quality performance for the
next 20 years, with considerations of potential sea level change (SLC) over 2O-years of
stormwater infrastructure and a S0-year planning horizon for sea wall heights. SLC, to
the extent it occurs, will worsen flooding potential in the City by raising the tide levels
and water table and by making it more difficult to discharge stormwater out of the area;
and
WHEREAS, the SWMMP provides a preliminary schedule of prioritized capita!
improvements necessary to allow the City's stormwater systems to: meet the increasing
performance and regulatory demands, modernize existing systems for both flood control
506
and water quality, and maintain the City-desired flood control level of service (LOS); and
WHEREAS, the City is a highly urbanized coastal community located in
southeast Florida and is a major economic resource to the region. Bounded by the
Atlantic Ocean and the environmentally sensitive Biscayne Bay Aquatic Preserve, which
is also an Outstanding Florida Water (OFW) requiring strict environmental protection,
the study area covers approximately 4,200 acres; and
WHEREAS, the City has relatively low-lying land that is intersected by
intracoastal watenruays with limited natural storage and large areas of re-development;
and
WHEREAS, the subtropical climate entails high-intensity rainfall and significant
tidal influence, and
WHEREAS, the above factors all contribute to historical and potential future
severe rainfall and tidalflooding; and
WHEREAS, in the SWMMP, the City evaluated project areas to determine the
level of infrastructure improvements necessary to meet the City's established Level
of Service for the statistically calculated once-in-S-year storm; and
WHEREAS, the City selected a tiered Best Management Practice (BMP)
treatment train approach was used to identify the most effective solutions for each
project area and to identify opportunities for flood control, water quality, aquifer
recharge, and stormwater harvesting and irrigation use, which approach was
incrementally formulated from the simplest tier 1 (e.9., back flow preventers) through
the most complex and costly tier 4 (e.9., underground storage), and bundled
together to determine the economic feasibility of proposed infrastructure
improvements; and
WHEREAS, due to the anticipated significant capital investment and stringent
permitting to discharge into Biscayne Bay, the tiered approach will allow the City to
proceed with specific elements of the BMP treatment train as economic conditions
permit, which would allow for future addition of tiers to ultimately meet the full S-year
LOS while monitoring and adjusting tosea- level rise conditions; and
WHEREAS, the prompt, and swift installation of the City's Stormwater pumping
stations are necessary for the health, safety and welfare, and installation is anticipated
to cost the City over $196 - $206 million in capital improvements; and
507
WHEREAS, the City has taken a strong leadership roll relating to flooding and
climate control; and
WHEREAS, due to the increase in flooding in the City due to Climate Control and
the resulting "king" tides that cause tremendous damage to the City's roads,
infrastructure and to private propefi, the City is proceeding with implementing its
SWMMP including, by installing major gravitational pumps and manual pumps
throughout the City to ensure that during a hightide event, the City can keep the streets
and private property from unduly flooding; and
WHEREAS, the City Code, at 118-252 provides that the Design Review Board is
to review all above ground public works improvements within the City's rights-of-way or
on City property; and
WHEREAS, to ensure the prompt and uniform installation of the necessary
pumps, in the locations needed by the City, the City desires to amend its land
development code in order to exempt review of the locations and design of such pumps
from the Design Review Board, as such review would delay the installation of the
pumps and would cost the City additional funds that have not been anticipated, as well
as possibly interfere with the proper location and function of the necessary public
improvements; and
WHEREAS, the amendment set forth below are necessary to accomplish the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 118, entitled "Administrative and Review Procedures" at
Article Vl "Design Review Procedures, Section 118-252 entitled "Applicability and
exemptions," of the City's Land Development Code is hereby amended follows:
***
CHAPTER 118 ADMINISTRATIVE AND REVIEW PROCEDURES
***
ARTICLE VI DESIGN REVIEW PROCEDURES
***
508
Sec. 118-252. - Applicabilitv and exemptions.
(a) Applicability.
(1) All building permits for new construction, public interior areas, interior areas that
face a street or sidewalk, demolitions and wrecking, alterations, or additions to
existing buildings, including fences, parking lots, walls and signs, whether new or
change of copy, and exterior surface finishes and materials, shall be subject to
review under the design review procedures except as provided in subsection (b)
of this section. No building permit shall be issued without the written approval by
the design review board or staff as provided for in these regulations.
(2) Except for stormwater pump stations installed bv the Citv. aAll public
improvements upon public rights-of-way and easements shall be reviewed bv the
Desiqn Review Board. For purposes hereof, public improvements shall include,
but not be limited to, structures, streetscape projects, street improvements or
redesign, modifications to street lighting or signage, landscaping projects,
medians, and above ground utilities; however, public improvements shall exclude
routine maintenance and utility repair work. Public improvements shall not
include stormwater pump stations.
(3) The review and approval of all new single family home construction, in
accordance with subsection 142-105(dX7).
(b) Exemptions. Exemptions to these regulations include all of the following provided no
new construction or additions to existing buildings are required:
(1) All permits for plumbing, heating, air conditioning, elevators, fire alarms and
extinguishing equipment, and all other mechanical and electrical equipment when
such work is entirely within the interior of the building, excluding public interior
areas and interior areas that face a street or sidewalk; however, the planning
director may approve such building permit applications for minor work on the
exterior of buildings.
(2) Any permit necessary for the compliance with a laMul order of the building
official, fire marshal or public works director related to the immediate public
health or safety.
(3) All single-family dwellings are exempt from the design review regulations, with
the exception of exterior surface color samples and finishes, and the review and
approval of all new single family home construction in accordance with
subsection 142-105(dX7). However, all building permits for new construction,
alterations or additions to existing structures shall be subject to compliance with
section 142-105, and all demolition permits must be signed by the planning
director, or designee.
509
(4) All properties located within designated historic districts and designated historic
sites.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in
conflict herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of
Miami Beach as amended; that the sections of this ordinance may be renumbered or
relettered to accomplish such intention; and that the word "ordinance" may be changed
to "section" or other appropriate word.
SECTION 4. SEVERABILITY.
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.
PASSED and ADOPTED this day of
ATTEST:
,2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Reading:
Second Reading:
First Reading:
Second Reading:
APPROVED AS TO
FORM AND LANGUAGE
2015
,2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+i*et+reugh denotes deleted lang uage
[Sponsored by Mayor Philip Levine]
F :\ATTO\BOU E\Ordinances\DRB Powers Pump Station Exclusion ordi nance.docx
510
t915.2015
: , . ,.- i :
OFFICE OF THE CITY ATTORNEY
RAUL I. AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
lo:
From:
Mayor Philip Levine
Members of the City Commission
Date: June 10, 2015
Sill*}al}*{Co,/
Subject: AN ORDINANCE OF THE MAYOR AND Clry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CODE OF THE
CITY OF MIAM! BEACH, ENTITLED "MISCELLANEOUS OFFENSES," ARTICLEll, ENTITLED "PUBLIC PLACES," DIVISION 3, ENTITLED "ALCOHOLIC
BEVERAGES," By AMENDTNG SECTTON 70-87 THEREOF TO (1) GLARTFY
THAT THE CONSUMPTION, SERVICE, SALE, OR POSSESSION OF OPEN
CONTAINERS OF ALCOHOLIC BEVERAGES AT SIDEWALK CAFES IS ONLY
PERMITTED DURING THE HOURS SET FORTH IN CHAPTER 6 OF THE GITY
coDE, (2) CLARIFY THAT ALCOHOLTC BEVERAGE ESTABLTSHMENTS SHALL
NOT ALLOW ANY PERSON TO TAKE FROM THE PREMISES ANY OPENED
ALCOHOLIC BEVERAGE CONTAINER OR ANY OPEN OR UNSEALED
coNTAtNER OF ALCOHOLTC BEVERAGES, AND (3) AMEND THE
ENFORCEMENT AND PENALry PROVISIONS; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
lntroduction
Pursuant to the request of Commissioner Michael Grieco, the attached Ordinance is submitted
for consideration by the Mayor and City Commission. The Ordinance amends Section 70-87 ot
the City Code to increase (1) the criminal penalties against persons who consume, serve, sell,
or possess an open container of any alcoholic beverage on or in any public place; (2) the civil
fines against owners or operators of package stores or foodstores selling alcoholic beverages
who fail to post a warning sign regarding the City's open container regulations; and (3) the civil
fines against alcoholic beverage establishments that allow any person to take from the licensed
premises any opened beer, wine, liquor, or any other alcoholic beverage container, or any
glass, metal, plastic, or other open or unsealed container of beer, wine, liquor, or any other
alcoholic beverage.
Section 70-87 of the City Code
Section 70-87 is comprised of three major provisions. The first provision, Subsection (aX1),
makes it unlawful for any person to consume, serve, sell, or possess an open container of any
Asenda ltem RS(l:
Date 6-lO-li511
Amendments to Open Container Ordinance
June 10,2015
Page 2
alcoholic beverage on or in any public place within the city, except in those areas designated
and approved for such use by the City Manager or the City Commission, including but not
limited to sidewalk cafes, public property leased from the City by a private entity and licensed by
the City for such use, and areas temporarily designated for such use by the City by the issuance
of a valid special event permit.
Subsection (a)(2) requires that owners or operators of package stores and foodstores that sell
alcoholic beverages prominently post, on the outside of each entrance and on the inside of the
main customer exit of each package store or foodstore that sells alcoholic beverages, a sign
with contrasting letters at least one-half inch tall, stating the following:
IT IS UNLAWFUL FOR ANY PERSON TO CONSUME, SELL,
SERVE, OR POSSESS AN OPEN CONTAINER OF ANY
ALCOHOLIC BEVERAGE ON/IN ANY PUBLIC PLACE, ALLEY,
STREET, SIDEWALK, PARK, BEACH, OR OTHER SUCH PLACE
WITHIN THE CITY OF MIAMI BEACH UNLESS DESIGNATED
FOR SUCH PURPOSE BY THE CITY. VIOLATORS ARE
SUBJECT TO CRIMINAL PROSECUTION.
Subsection (aX3) states that it shall be unlaMul for any owner, operator, agent, or employee of
any alcoholic beverage establishment to knowingly allow any person to take from the licensed
premises any opened beer, wine, liquor, or other alcoholic beverage container, or to knowingly
allow any person to take from the licensed premises any glass, metal, plastic, or other open or
unsealed container of beer, wine, liquor, or any other alcoholic beverage.
Proposed Amendment
The attached Ordinance amends Subsection (aX1) to clarify that the consumption, service, sale,
or possession of open containers of alcoholic beverages at sidewalk cafes is only permitted
during the hours set forth in Chapter 6 of the City Code, entitled "Alcoholic Beverages."
The Ordinance amends Subsection (a)(3) to clarify that alcoholic beverage establishments shall
not allow any person to take from the premises any opened beer, wine, liquor, or any other
alcoholic beverage container, or any glass, metal, plastic, or other open or unsealed container
of beer, wine, liquor, or any other alcoholic beverage. The effect of this particular amendment is
that an alcoholic beverage establishment may be issued a notice of violation for violating
Subsection (aX3) whether or not the alcoholic beverage establishment knowingly allowed a
person to take from the premises an opened alcoholic beverage container.
The Ordinance also increases the penalties for violations of Section 70-87. First, the Ordinance
increases the criminal penalties for violations of subsection (aX1), from a fine not to exceed
$50.00 or imprisonment not to exceed 10 days, to a fine not to exceed $250.00 or imprisonment
not to exceed 30 days, or both, for a first violation. The Ordinance increases the penalties for
any subsequent violation from a fine not to exceed $300.00 or imprisonment not to exceed 30
days, to a fine not to exceed $500.00 or imprisonment not to exceed 60 days. Subsection (aX1)
shall be enforced by the Police Department.
Second, the Ordinance increases the civil penalties for violations of subsection (aX2) and (a)(3)
from a per diem fine of up to $250.00 or $500.00 for repeat violations. The Ordinance increases
the penalties to a civil fine of $1,000.00 for a first violation within a 12-month period; $2,000.00
512
Amendments to Open Container Ordinance
June 10,2015
Page 3
for a second violation within a 12-month period; $3,000.00 for a third violation within a 12-month
period; and $5,000.00 for a fourth or subsequent violation within a 12-month period. Upon a
finding by the special master that four (4) or more violations have occurred within a 12-month
period, the special master shall suspend or revoke the violator's certificate of use, business tax
receipt, or certificate of occupancy.
A citation under Section 6-3 may be appealed to the City's Special Master within 10 days of
service of the notice of violation. The failure of a named violator to appeal a violation shall
constitute a waiver of the violator's right to appeal, and shall be treated as an admission of the
violation. The special master shall not hear the merits of a notice of violation or consider the
timeliness of a request for appeal if a violator fails to request a hearing within ten days of the
service of the notice of violation. Additionally, the special master shall not be authorized to alter
the penalties prescribed in Subsection (c)(1) or (c)(2).
RA/Nl(sc
F:\ATTO\KALN\COMMISSION MEMOS\Open Container.docx
513
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED..MISCELLANEOUS OFFENSES," ARTICLE II, ENTITLED "PUBLIC
PLACES," DIVISION 3, ENTITLED "ALCOHOLIC BEVERAGES," BY
AMENDTNG SECTTON 70-87 THEREOF TO (r) CLARTFY THAT THE
CONSUMPTION, SERVICE, SALE, OR POSSESSION OF OPEN
CONTAINERS OF ALCOHOLIC BEVERAGES AT SIDEWALK CAFES
!S ONLY PERMITTED DURING THE HOURS SET FORTH IN
CHAPTER 6 OF THE CITY CODE, (21 CLARTFY THAT ALCOHOLIC
BEVERAGE ESTABLISHMENTS SHALL NOT ALLOW ANY PERSON
TO TAKE FROM THE PREMISES ANY OPENED ALCOHOLIG
BEVERAGE CONTAINER OR ANY OPEN OR UNSEALED
coNTAtNER OF ALCOHOLTC BEVERAGES, AND (3) AMEND THE
ENFORCEMENT AND PENALry PROVISIONS; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, the unauthorized consumption, service, sale, and possession of open
containers of alcoholic beverages in public places within the City disturbs the quiet enjoyment of
the community, causes undesirable noise, and contributes to litter, noxious odors, and the
general degradation of the City of Miami Beach (the "City"); and
WHEREAS, Section 70-87 of the City Code prohibits the consumption, service, sale,
and possession of open containers of alcoholic beverages on or in public places within the City,
except in those areas as designated and approved for such use by the City Manager or the City
Commission; requires that the owner or operator of any package store or foodstore selling
alcoholic beverages prominently post a warning sign regarding the City's open container
regulations; and provides that it shall be unlawful for any owner, operator, agent, or employee of
any alcoholic beverage establishment to knowingly allow any person to take from the licensed
premises any opened beer, wine, liquor, or other alcoholic beverage container, or any glass,
metal, plastic, or other open or unsealed container of beer, wine, liquor, or any other alcoholic
beverage; and
WHEREAS, it is in the best interest of the City, and it serves the health, safety, and
welfare of the City's residents and visitors, to increase (1) the criminal penalties against persons
who consume, serve, sell, or possess an open container of any alcoholic beverage on or in any
public place; (2) the civil fines against owners or operators of package stores or foodstores
selling alcoholic beverages who fail to post a warning sign regarding the City's open container
regulations; and (3) the civil fines against alcoholic beverage establishments that allow any
person to take from the premises any opened beer, wine, liquor, or any other alcoholic beverage
container, or any glass, metal, plastic, or other open or unsealed container of beer, wine, liquor,
or any other alcoholic beverage; and
WHEREAS, enforcement of this Ordinance by the City's Police Department and Code
Compliance Department will protect the health, safety, welfare, and quality of life of the
514
residents and visitors of the City of Miami Beach; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Division 3 of Article ll of Chapter 70 of the Code of the City Miami Beach is
hereby amended as follows:
GHAPTER 70
MISGELLANEOUS OFFENSES
ARncL; n. - PUBLTc puces
DIVISION 3. ALCOHOLIC BEVERAGES
Sec. 70-87. Consumption, serice, *," ""0 po""""",on of open containers of alcoholic
beverages on or in public places; warning signs required.
(a) Violations.
(1) lt shall be unlawful for any person to consume, serve, sell, or possess an open
container of any alcoholic beverage on or in any public place within the city except in
these areas as designated and apBreved fer sueh use by the eity manager er the eity
the followinq areas:
a. Sidewalk sidewalk cafes having a valid city sidewalk cafe permit -_dudnq 'lhe-hours
at which alcoholic beveraoes mav be consumed at sidewalk cafes pursuant to
chapter 6 of this Code:
b. Publi€ public property leased from the city by a private entity and licensed by the
city for such use-.; engl
c. A#ees areas temporarily designated for such use by the city by the issuance of a
valid special event permit.
(2) The owner or operator of any package store or foodstore selling alcoholic beverages
shall prominently post, on the outside of each entrance and on the inside of the main
customer exit of each package store or foodstore selling alcoholic beverages, a sign
with contrasting letters at least one-half inch tall, stating the following:
IT IS UNLAWFUL FOR ANY PERSON TO CONSUME, SELL, SERVE, OR
POSSESS AN OPEN CONTAINER OF ANY ALCOHOLIC BEVERAGE ON/IN
ANY PUBLIC PLACE, ALLEY, STREET, SIDEWALK, PARK, BEACH, OR OTHER
SUCH PLACE WITHIN THE CITY OF MIAMI BEACH UNLESS DESIGNATED
FOR SUCH PURPOSE BY THE CITY. VIOLATORS ARE SUBJECT TO
CRIMINAL PROSECUTION.
515
Failure to post this sign shall be deemed a violation of this section. This sign shall be
exempt from permit requirements of Chapter 138 of this Code.
(3) lt shall be unlawful for any alcoholic
beverage establishment
to knewingty allow any person to take from the
li€ensed premises any opened beer, wine, liquorr or anv other alcoholic beverage
container, or to knewingJy allow any person to take from the lieensed premises any
glass, metal, plastic, or other open or unsealed container of beer, wine, liquor, or any
other alcoholic beverage erenymi;.*ure{hereef.
(b) Penalties for violations of subsection (a)(1).
(1) Any person convicted of a violation of subsection (a)(1) of this sectlon shall
be punished by imposition of a fine not to exceed $5OSO $250.00 or by imprisonment
not to exceed 4e 30 days, or both, for a first offense. Upon any subsequent conviction
for violation of subsection (a)(1) of this section, such person shall be punished by
imposition of a fine not to exceed $30e€e $500.00, or by imprisonment not to exceed
3g 60 days, or both.
vielatiens as previded in ehapter 30 ef this Cede, Any eede inspeeter whe has
vielatien te the eperater and/er ewner; as previded in ehapter 30 ef this Cede; requiring
@
(c) Penalties for violations of subsections (a)(2) and (a)(3).
1. The followinq penalties shall be imposed for a violation of subsections (aX2) and
(aX3):
j. The penaltv for the first violation bv a person or entitv within a 12-month
period shall be a civil fine of $ 1.000.00:
ii. The penaltv for the second violation bv a person or entitv within a 12-
month period shall be a clvil fine of $ 2.000.00:
iii. The penaltv for the third violation bv a person or entitv within a 12-month
period shall be a civil fine of $ 3.000.00:
iv. The penaltv for the fourth or subsequent violation bv a person or entitv
within a 12-month period shall be a civil fine of $ 5.000.00.
2. Enhanced penaltv. The followino enhanced penaltv shall be imposed, in addition
to anv mandatorv fines set forth in subsection (cX1) above. for violations of
subsections (aX2) or (aX3):
L Upon a findinq bv the special master that four (4) or more violations bv a
person or entitv have occurred within a 12-month period. the special
master shall suspend or revoke the certificate of use. business tax receipt,
or certificate of occupancv of the violator.
3
516
3. Enforcement. The code compliance department shall enforce subsections (aX2)
and (aX3). This shall not preclude other law enforcement aqencies or reoulatorv
bodies from anv action to assure compliance with this section and all applicable
laws. lf a code compliance officer (which, as defined in section 70-66. includes a
police officer) finds a violation of this section, the code compliance officer shall
issue a notice of violation in the manner prescribed in chapter 30 of this Code. The
notice shall inform the violator of the nature of the violation. amount of fine for
which the violator is liable. instructions and due date for pavinq the fine, that the
violation mav be appealed bv requestino an administrative hearino before a
special master within ten (10) davs after service of the notice of violation, and that
the failure to appeal the violation within ten (10) davs of service shall constitute an
admission of the violation and a waiver of the riqht to a hearinq.
4. Riqhts of violators: pavment of fine: rioht to appear: failure to pav civil fine or to
appeal; appeals from decisions of the special master.
j" A violator who has been served with a notice of violation must elect to
either
A. pav the civil fine in the manner indicated on the notice of
violation: or
B. request an administrative hearino before a special master
to appeal the notice of violation. which must be requested
within ten (10) davs of the service of the notice of violation.
ii. The procedures for appeal bv administrative hearino of the notice of
violation shall be as set forth in sections 30-72 and 30-73 of this Code.
Applications for hearinos must be accompanied bv a fee as approved bv a
resolution of the citv commission, which shall be refunded if the named
violator prevails in the appeal.
iii. lf the named violator. after issuance of the notice of violation. fails to pav
the civil fine, or fails to timelv request an administrative hearino before a
special master, the special master mav be informed of such failure bv
report from the officer. The failure of the named violator to appeal the
decision of the officer within the prescribed time period shall constitute a
waiver of the violator's rioht to an administrative hearinq before the special
master, and shall be treated as an admission of the violation. for which
fines and penalties shall be assessed accordinolv.
iv. A certified copv of an order imposino a fine mav be recorded in the public
records, and thereafter shall constitute a lien upon anv real or personal
propertv owned bv the violator. which mav be enforced in the same
manner as a court iudqment bv the sheriffs of this state, includinq lew
aqainst the violator's real or personal propertv, but shall not be deemed to
be a court iudoment except for enforcement purposes. On or after the
sixtv-first (61st) dav followinq the recordino of anv such lien that remains
unpaid. the Citv mav foreclose or otherwise execute upon the lien.
517
v. Anv partv aqqrieved bv a decision of a special master mav appeal that
decision to a court of competent iurisdiction.
vi. The special master shall be prohibited from hearino the merits of the notice
of violation or considerino the timeliness of a request for an administrative
hearinq if the violator has failed to request an administrative hearinq within
ten (10) davs of the service of the notice of violation.
vii. The special master shall not have discretion to alter the penalties
prescribed in subsection (cX1) or (cX2).
$ECTTON 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shalltake effect on the day of 2015.
PASSED AND ADOPTED this _ day of 2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Michael Grieco)
Underline denotes additions
S+it<e+nreush den otes deletions
F:\ATTO\KALN\ORDINANCES\Open Container Ordinance Amendments
(2015).docx
APPROVEDASTO
FORM & I.ANGUAGE
& FOB E)GCUTION
CrvAffitto,
ta)
201S\Open Container Ordinance
,tLtL
K &te
Amendments
518
R5 - Ordinances
RsR An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach, Entitled
"Administration," By Amending Article ll, Entitled "City Commission," By Amending
Section 2-11, Entitled "Time Of Regular Meetings" And Section2-12, Entitled "Meeting
Agendas," By Amending The Requirements And Procedures Relating To City
Commission Meetings And Agendas; Providing For Repealer, Codification, And An
Effective Date. First Readinq
(Sponsored by Vice-Mayor Jonah Wolfson)
(Legislative Tracking: Office of the City Attorney)
(ltem to be Submitted in Supplementa!)
Agenda ltem RSRDate@519
THIS PAGE INTENTIONALLY LEFT BLANK
520
R7
RESOLUTIONS
521
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA,
ADOPTING THE THIRD AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUND,
INTERNAL SERVICE FUND, AND SPECIAL REVENUE FUND BUDGETS FOR F]SCAL YEAR
(FY)2014t15
Ensure expenditure trends are sustainable over the long term.
Item Summary/Recommendation :
The budgets for the General Fund, Enterprise Funds, lnternal Service Funds, and Special
Revenue Funds for Fiscal Year 2014115 were approved on December 4,2014, with the adoption
of Resolution No. 2014-28860.
The First Amendment to the General Fund, Enterprise Funds, lnternal Service Funds, and Special
Revenue Funds budgets for FY 2014115 was approved on December 17,2014, by resolution
2014-28864. The Second Amendmentwas approved on February 11,2015, by resolution 2015-
28919. Section 166.241(4)(c.), Florida Statutes, requires that a municipality's budget amendment
must be adopted in the same manner as the original budget.
The Third Amendment would add funding for additional lifeguard coverage, license plate reader
project expansion to include the MacArthur Causeway, enhanced oversight of beach-related
activities, review of Parking Construction Plans, and additional appropriation in the Confiscated
Trust Fund (Federal). All but one of these items reflect expenditures previously authorized by the
city commission.
Financia! lnformation:
Source of
Funds
@
t3
Amount Account
$275,000 General Fund
$275,000 Resort Tax Fund
$67,000 Parkinq Fund
$30,000 Confiscated Trust Fund-Federal
$647.000 TotalAll Funds
John Woodruff, OBPI Director
AGE}IDA'"U R7A
D*_rEZJd-r-# MIAMIBTACH 522
City of Miomi Beoch, lZ0O Conveniion Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSIO MEMORANDUM
To: Mayor Philip Levine and Members of t
FRoM: Jimmy L. Morales, City Manager
DATE: June 10,2015
MIAM! BEACH, FLORIDA, ADOPTING THE THIRD AMENDMENT TO THE
GENERAL FUND, ENTERPRISE FUND, INTERNAL SERVICE FUND AND
spEcrAL REVENUE FUND BUDGETS FOR FTSCAL YEAR (FYl2014t15
ADM!NISTRATION RECOMMENDATION
Adopt the resolution amending the FY 2014115 General Fund, Enterprise Funds, lnternal
Service Funds, and Special Revenue Funds budgets.
KEY INTENDED OUTCOME SUPPORTED
Ensure expenditure trends are sustainable over the long term.
ANALYSIS
The budgets for the General Fund, Enterprise Funds, lnternal Service Funds, and Special
Revenue Funds for Fiscal Year 2014/15 were approved on Decembet 4, 2014, with the
adoption of Resolution No. 2014-28860.
The First Amendment to the General Fund, Enterprise Funds, lnternal Service Funds, and
Special Revenue Funds budgets for FY 2014115 was approved on December 17,2014,by
resolution 2014-28864. The Second Amendment was approved on February 11 ,2015, by
resolution 2015-28919. Section 166.241(4Xc.), Florida Statutes, requires that a
municipality's budget amendment must be adopted in the same manner as the original
budget.
The Third Amendment would add funding for additional lifeguard coverage, license plate
reader project expansion to include the MacArthur Causeway, enhanced oversight of beach-
related activities, review of Parking Construction Plans, and additional appropriation in the
Confiscated Trust Fund (Federal).
523
Third Amendment to the FY 2014/1 5 General Fund, Enterprise, lnternal Service, and Special Revenue Funds Budgets
Page 2
Additional Lifequard Coveraqe - General Fund and Resort Tax Fund
At their February 11 , 2015 Meeting, the Commission approved adding six new lifeguard
stand locations to improve public safety at the following locations:
. Between 64th and 53'd Streets. Between 30th and 21st Streetso Between 46th and 41't Streets. Between 53'd and 46th Streets. Between 69th and 64th Streets. 4th Street Beach
The Third Amendment would fund pro-rated operating costs of $110,000 in FY 2014115
associated with the staffing of two lifeguard stands at 43'd Street and 57th Street. These two
locations arc a priority due to the increase in beach patrons and the distance between
adjacent towers. The pro-rated costs include four lifeguard positions and one all-terrain
vehicle. Staffing costs forthe remaining four locations would be included in the FY 2015116
Budget and added as additional lifeguard stands are constructed from funds previously
allocated in the Capital Budget. The Amendment would increase the Resort Tax Fund's
transfer to the General Fund and increase the Fire Department's budget in the General Fund
accordingly.
License Plate Reader on MacArthur Gausewav - General Fund and Resort Tax Fund
At their April 1 5,2015 Meeting, the Commission approved moving fonruard with expanding
the License Plate Readers (LPR) project to include the MacArthur Causeway. The Third
Amendment would fund $1 15,000 of the estimated $291 ,000 to $391 ,000 cost to expand the
LPR system to concept to include the MacArthur Causeway, two additional patrolvehicles,
and two portable kits, in an effort to reduce crime citywide. The $115,000 request in FY
2014115 would allowthe Police Departmentto begin the infrastructure process in advance of
the remainder of the project budget being available after October 1't as part of the FY
2015116 Budget. The Amendment would increase the Resort Tax Fund's transfer to the
General Fund and increase the Police Department's budget in the General Fund
accordingly.
Enhanced Oversiqht of Beach Activities - General Fund and Resort Tax Fund
The Third Amendment includes $50,000 of pro-rated funding for a new Beach Maintenance
Director position in the Parks & Recreation Department. This position would provide
enhanced oversight and focus to all activities impacting the City's 7.1 miles of beach. The
position would be budgeted in the Parks & Recreation Department and report directly to the
City Manager's Office. The Amendment would increase the Resort Tax Fund's transfer to
the General Fund and increase the Park & Recreation Department's budget in the General
Fund accordingly.
524
Third Amendment to the FY 201 4/1 5 General Fund, Enterprise, lnternal Service, and Special Revenue Funds Budgets
Page 3
Review of Construction Manaqement Plans - Parkinq Fund
At their February 11,2015 Meeting, the Commission approved Ordinance 201 5-3922,which
requires that all contractors provide construction management plans that address parking
and traffic issues to the Building and Parking Departments prior to obtaining a building
permit for all projects with a value in excess of $250,000. This budget amendment adds
$67,000 to fund the pro-rated costs of an Engineering Assistant lll position to approve and
enforce the parking plans.
Confiscated Trust Fund (Federa!)
Due to timing issues associated with the close of the FY 2013114 fiscal year, $30,000 of
body camera expenditures were moved from FY 2013114 to FY 2014115. This resulted in
the FY 2014115 budget for the Confiscated Trust Fund (Federal) to be short by that amount.
This amendment would appropriate $30,000 of additional fund balance that was not spent
as originally anticipated in FY 2013114 to the FY 2014115 budget.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Third
Amendment to the General Fund, Enterprise Fund, lnternal Service Fund, and Special
Revenue Fund Budgets for FiscalYear (FY) 2014115.
JLM/JWe
525
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ADOPTING THE THIRD AMENDMENT TO
THE GENERAL FUND, ENTERPRISE FUND, INTERNAL
SERVICE FUND, AND SPECIAL REVENUE FUND
BUDGETS FOR FTSCAL YEAR (FYl2014t15
WHEREAS, the budgets for the General Fund, Enterprise Funds, lnternal
Service Funds, and Special Revenue Funds for Fiscal Year 2014/15 were approved on
December 4,2014, with the adoption of Resolution No. 2014-28860; and
WHEREAS, the First Amendment to the General Fund, Enterprise Fund, lnternal
Service Fund, and Special Revenue Fund budgets for Fiscal Year 2014115 was
approved on December 17,2014, with the adoption of Resolution No. 2014-28864; and
WHEREAS, the Second Amendment to the General Fund, Enterprise Fund,
lnternal Service Fund, and Special Revenue Fund budgets for Fiscal Year 2014115 was
approved on February 11,2014, with the adoption of Resolution No. 2015-28919; and
WHEREAS, the proposed budget amendment provides for additional lifeguard
coverage, license plate reader project expansion to include the MacArthur Causeway,
enhanced oversight of beach-related activities, review of Parking Construction Plans,
and additional appropriation in the Confiscated Trust Fund (Federal) as reflected in the
attached Exhibit "A"; and
WHEREAS, Section 932.7055 of the Florida Statutes sets forth the purpose and
procedures to be utilized for the appropriation and expenditures of the Police
Confiscation Trust Fund; and
WHEREAS, the proceeds and interest earned from the Police Confiscation Trust
Fund is authorized to be used for crime prevention, safe neighborhood, drug abuse
education and prevention programs, or for other law enforcement purposes; and
WHEREAS, the Chief of Police is authorized to expend these funds upon request
to the City of Miami Beach Commission, and only upon appropriation to the Miami Beach
Police Department by the City of Miami Beach Commission; and
WHEREAS, the Chief of Police of the City of Miami Beach has submitted a
written certification which states that this request complies with the provisions of Section
932.7055 of the Florida Statutes (written certification attached as Exhibit "B"), and the
Guide to Equitable Sharing of Federally Forfeited Property for Local Law Enforcement
Agencies.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and City Commission
hereby adopt the Third Amendment to the General Fund, Enterprise Fund, lnternal
Service Fund, and Special Revenue Fund Budgets for Fiscal Year (FY) 2014115 as
shown in Exhibit "A".
526
PASSED and ADOPTED this 1Oth day of June, 2015.
ATTEST:
PHILIP LEVINE, MAYOR
RAPHAEL E. GRANADO, CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
U.L. I\
I
Date
527
Exhibit "A"
FY 2014/15 Amended
Budget
3rd Proposed
Amendment "(
zOL4llS Proposed
Amended Budget
Additional Surplus Fund Balance from FY 20l3lL4 4,824,W 4,824,OOO
Total General Fund $ 285,053,000 $ 275,000 S 285,328,000
GENERAL FUND
REVENUES
Operating Revenues
Ad valorem Taxes
Ad Valorem Taxes- S fte Costs
Ad Valorem Cap. Renewal & Replacement
Ad Valorem Taxes- Normandy Shores
Other Taxes
Licenses and Permits
lntergovernmental
Charges for Services
Fines & Forfeits
lnterest
Rents and Leases
Miscellaneous
Resort Tax Contribution
Other
Reserve-Building Department Ops.
Prior Year Surplus from Parking Op. Fund
APPROPRIATIONS
Department
Mayor and Commission
City Manager
Communications
Budget & Performance lmprovement
Org Dev & Performance lnitiative
Finance
Procurement
Human Resources/Labor Relations
City Clerk
City Attorney
Housing & Comm. Development
Building
Code Compllance
Planning
Tourism, Culture, and Econ. Development
Parks & Recreation
Public Works
Capital I mprovement Projects
Police
Fire
Emergency Management
Citywide Accounts-Other
Citywide Accounts-Operating Contingency
Citywide Accounts-Normandy Shores
Subtotal General Fund
TRANSFERS
Capital Renewal & Replacement
Capital lnvestment Upkeep Account
lnfo & Comm Technology Fund
Pay-As-You-Go Capital Fund
Capital Proj Not Financed by Bonds-Munis/Energo
Reserve-Set Aside for Future Bldg Needs
Subtotal Transfers
Total General Fund
s 114,42O,OOO
11,159,000
2,180,000
145,000
24,389,000
26,26L,OO0
10,496,000
11,010,000
2,436,@O
3.28s,0@
7,tz0,ooo
12,581,000
34,0&1,000
10,763,000
1,500,000
8,400,000
LL4,420,OOO
11,159,000
2,180,000
145,000
24,389,000
?6,26t,O00
10,496,000
11,010,000
2,436,OOO
3,28s,000
7,L2o,OOO
12,581,000
275,OOO 34,359,000
10,763,000
1,500,000
8,400,000
1,916,000
3,415,000
1,410,000
2,262,OOO
572,O@
5,308,000
1,670,000
2,195,000
L,374,@O
5,017,000
2,405,@O
13,590,000
s,599,000
3,936,000
3,509,0C()
29,725,OO0
11,014,000
4,903,000
94,970,000
63,284,000
8,857,000
9,430,000
1,306,000
222,OOO
s0,000
115,000
110.000
1,916,000
3,415,000
1,410,000
2,262,000
s72,OOO
5,308,000
1,670,000
2,195,000
t,374,OOO
5,017,000
2,405,000
13,590,000
s,599,000
3,936,000
3,509,000
29,775,OOO
11,014,000
4,903,000
95,085,000
63,394,000
8,857,000
9,430,000
1,306,000
222,000
277,889,OOO S 275,000 s 278,164,000
2,180,000
225,O@
395,000
1,400,000
1,500,000
L,464,M
2,180,000
22s,OOO
395,000
1,400,000
1,500,000
1.464.000
7,164,000 s 7,til,ooo
528
ENTERPRISE FUNDS
REVENUE/APPROPRIATTONS
Convention Center
Parking
Sanitation
Sewer Operations
Stormwater Operations
Water Operations
Total Enterprise Funds
]NTERNAL SERVICE FUNDS
REVEN UEIAPPROPRIATIONS
Central Services
Fleet Management
lnformation Technology
Property Management
Risk Management
Medical and Dental lnsurance
Total lnternal Service Funds
SPECIAL REVENUE FUNDS
REVENUE/APPROPRIATIONS
Resort Tax
Transportation
People's Transportation Plan Fund
7th Street Garage
5th & Alton Garage-City's Share of Shortfall
Art ln Public Places
Residential Housing Program
Tourism and Hospitality Scholarship Pgmms
lnformation and Communitation Tech Func
Education Compact
Green/Sustainability Funds
Red Light Camera Fund
E-911 Fund
Cultural Arts Council
Normandy Shores
Police Confiscation Trust - Federal
Police Confiscation Trust - State
Police Special Revenue
Police Training
Waste Haulers Add Serv & Public Benefit
Total Special Revenue Funds
Exhibit "A"
pt201,4ll5 Amended 3rd Proposed Sttz014lti Proposed
Budcet Amendment Amended Budget
s 12,162,000
67,000 50,207,000
20,430,000
43,276,000
20,813,000
33,428,000 33,428,000
ttt 20L4ltS Amended 3rd Proposed ?{ 20L4i1S Proposed
Budget Amendment Amended Budget
5 L2,L62,OOO
s0,140,000
20,430,000
43,276,000
20,813,000
1,046,000
LO,747,OOO
15,928,000
9,770,O00
14,530,000
1,046,000
LO,747,OO0
1s,928,000
9,770,O00
14,530,000
26,696,000 26,696,000
FY 20L4ltS Amended
Budget
3rd Proposed N 20,4ll5 Proposed
Amendment Amended Budget
65,361,000
7,396,000
t,677,OO0
2,385,000
587,000
789,000
476,OOO
t42,000
395,000
107,000
3s6,000
896,000
433,000
L,467,OOO
255,000
683,000
277,OOO
75,000
45,000
77,OOO
275,O00
30,000
6s,636,000
7,396,000
t,677,OOO
2,385,000
587,000
789,000
476,OO0
r42,000
395,000
107,000
356,000
896,000
433,000
L,457,OOO
255,000
713,000
277,OOO
75,000
45,000
77,000
83,879,000 $305,000 s 84,184,000
529
EXHIBIT B
eEgrLF"IEA_Tto*N
l. Daniel J Oates, Chief of Police, City of Miami Beach, do hereby certify that theaforementtoned proposed request for expenditures from the City of Miami geain police
Confiscation Trust Fund, for the 201412015 fiscal year provrding funds for expenditures,
complies with the provisions of section 932.7055(4xa), Ftorida statutes, and the Guideto Equitable Sharing of Fldelally Forfeited Property for Locat Law Enforcement
Date
Polrce Department
530
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531
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Adopting the Fifth
Amendment to the Caoital Budoet for Fiscal Year 2014115.
Ensure Value and Timely Delivery of Quality Capital Projects, lmprove Storm Drainage Citywide, and
Data (Survevs. Environmenta!: N/A
Item Su mmary/Recommendation :
Planning for capital improvements is an ongoing process; as needs change within the City, capital programs and
priorities must be adjusted. The Capital lmprovement Plan ('ClP") serves as the primary planning tool for
systematically identifying, prioritizing and assigning funds to critical City capital development, improvements and
associated needs.
The City's capital improvement plan process begins in the spring when all departments are asked to prepare
capital improvement updates and requests on the department's ongoing and proposed capital projects. lndividual
departments prepare submittals identifying potential funding sources and requesting commitment of funds for
their respective projects.
The CIP is updated annually and submitted to the City Commission for adoption. The 2014115 - 2018119 Capital
lmprovement Plan and FY 2014115 Capital Budget was adopted on December 2,2014 by resolution 2014-28863.
The First Amendment to the FY 2014115 Capital Budget was also approved on December 2,20'14 by resolution
2014-288U. The Second Amendment to the FY 2014115 Capital Budget was also approved on January 14,
2015 by resolution 2015-2890'1. The Third Amendment to the FY 2014115 Capital Budget was approved on
March 11,2015 by resolution 2015-28951. The Fourth Amendment to the FY 2014115 Capital budget was
approved on April 15, 2015 by resolution 2015-28986. Section 166.2a1$)(c.), Florida Statutes, requires that a
municipality's budget amendment must be adopted in the same manner as the original budget.
The fifth amendment to the FY 2014115 Capital Budget adds appropriations totaling $121,000 and a re-
appropriates a total of $8,679,557.
Financial lnformation:
Source of
t'noti
,, ,D.
@'
OBP!
Amount Account
$37,000
$84,000
Parking Operations Fund balance- 480
Capital renewal & replacement Fund balance- 125
Total $121,000
& MIAMIBHACH AGEITDA rrEM R-l B -__ _ iorrw532
g MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:A RESOLUTION OF THE MAYOR AhID CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTI]G THE FIFTH AMENDMENT TO THE
CAPITAL BUDGET FOR FISCAL YEAR 2014115.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
Planning for capital improvements is an ongoing process; as needs change within the City,
capital programs and priorities must be adjusted. The Capital lmprovement Plan ("ClP") serves
as the primary planning tool for systematically identifying, prioritizing and assigning funds to
critical City capital development, improvements and associated needs.
The City's capital improvement plan process begins in the spring when all departments are
asked to prepare capital improvement updates and requests on the department's ongoing and
proposed capital projects. lndividual departments prepare submittals identifying potential
funding sources and requesting commitment of funds for their respective projects.
The ClP is updated annually and submitted to the City Commission for adoption. The 2014115 -
2018119 Capital lmprovement Plan and FY 2014115 Capital Budget was adopted on December
2,2014 by resolution 2014-28863.
The First Amendment to the FY 2014115 Capital Budget was approved on December 2,2014by
resolution 2014-28864. The Second Amendment to the FY 2014115 Capital Budget was
approved on January 14,2015 by resolution 2015-28901. The Third Amendment to the FY
2014115 Capital Budget was approved on March 11,2015 by resolution 2015-28951. The
Fourth Amendment to the FY 2014115 Capital budget was approved on April 15, 2015 by
resolution 201 5-28986.
Section 166.241(4Xc.), Florida Statutes, requires that a municipality's budget amendment must
be adopted in the same manner as the original budget. Administration recommends adopting
the resolution for the fifth amendment to the FY 2014115 Capital Budget.
Mayor Philip Levine and Members of ttfe City Com
Jimmy L. Morales, City Manager
June 10,2015
n
533
Resolution Adopting the Fifth Amendment to the Capital Budget for FY 2014115
June 10,2015
Page? of 4
FIFTH AMENDMENT TO THE FY 2014/15 CAPITAL BUDGET
The Fifth Amendment to the FY 2014115 Capital Budget totals an increase of $121,000 and re-
appropriations of $8,679,557 in order to provide additional funding to the following capital
projects.
1. Surface Lot 12X @ gth Street & Washington Ave: This budget amendment would
increase funding to an existing project. Additional funds that are needed are
associated with reconfiguration of the accessible (ADA) parking space in Surface Lot
12X as requested by the Public Works Department. Additional funding requested in
this project will also address revisions to the irrigation design plans of the parking lot
to relocate the proposed tapping connections to the city lines and additional
geotechnical testing. Funding for this amendment would come from Parking
Operations Fund balance- 480.
Prior Years' Aporooriations $297,000
June 10. 2015 Budoet Amendment 10,000
Prooosed Total Aooropriations $307.000
2. Surface Lot 17X @ 13'n Street & Collins Ave: This budget amendment would
increase funding to an existing project. Additional funds that are needed are
associated with revisions to the proposed drainage system in the original design in
Surface Lot 17X. Additional funding requested in this project will also address
revisions to the irrigation design plans of the parking lot to relocate the proposed
tapping connections to the City lines and additional geotechnical testing. Funding for
this amendment would come from Parking Operations Fund balance - 480.
Prior Years' Aoorooriations $619,080
June 10, 2015 Budqet Amendment 27.OOO
Proposed Total Aoprooriations $646,080
3. Fire Station #4 Air Handler Replacement: The original project required the
replacement of two air handling units. Upon a study conducted by the mechanical
engineer, it was found that one of the units was oversized creating a humidity
problem in the building. The Engineer has recommended the replacement of the
existing package units with equipment that has modulating hot gas reheat. These
units are more expensive than the existing package units, however, they are the
correct design application for this building. Upon installation, the humidity problems
throughout the station will be resolved. Funding for this amendment would come
from fund balance in the Capital renewal & replacement Fund- 125.
Prior Years' Aoorooriations $60.000
June 10, 2015 Budqet Amendment 84.000
Prooosed Total Aoorooriations $144,000
534
Resolution Adopting the Fifth Amendment to the Capital Budget for FY 2014115
June 10, 2015
Page 3 of 4
4. lnfiltration & lnflow Program - Phase 3: At its December 11,2013 meeting, the
City Commission approved the award of a contract for routine and emergency
repairs for water, sanitary sewer, and storm water pipe breaks, sewer lining, and
rehabilitation of sewer manholes to EnviroWaste Services Group, lnc., pursuant to
lnvitation To Bid (lTB) No. 2013-113-|TB-LR. This contract is currently being used by
the Public Works Department in an ongoing effort to reduce infiltration and inflow
(l&l), and to improve the sanitary sewer system, in accordance with the requirements
of Miami-Dade County consent decree. An amount totaling $2,855,000 was
appropriated in FY 14115 for the lnfiltration & lnflow Program-Phase 3 from Proposed
Water & Sewer Bonds, however these funds will not be made available until late this
year due to the bonding schedule. ln efforts to continue with the sanitary sewer
system improvements without interruption, Public Works staff recommends that
$2,588,866 be re-appropriated from the following projects:
o Sunset & Venetian lsland Force Mains : $2,388,866. Water System pressure ControlValve: $200,000
Once the funding from the Proposed Water & Sewer bonds are made available,
these projects will be re-paid.
Prior Years' Aoorooriations $4,855,000
June 1 O. 2015 Budoet Amendment 2.588.866
Prooosed Total Aoorooriations $7,443,866
5. Misc. Wastewater and Water Upgrades: An amount totaling $2,000,000 was
appropriated in FY 14115 for the Misc. Wastewater and Water Upgrades projects.
However, these funds will not be made available until late this year due to the
bonding schedule. ln efforts to continue with priority water and wastewater main
repairs without interruption, Public Works staff recommends that $250,160 be re-
appropriated from the following projects:
. Utilities Relocations for State Project: $229,000
o Sunset Harbor Pump Station Upgrades: $282. Flamingo Neighborhood - Bid Pack C: $18,146
o Flamingo Neighborhood - Bid Pack A: $2,732
Once the funding from the Proposed Water & Sewer bonds are made
available, these projects will be re-paid.
Prior Years' Appropriations $3,000.000
June 10, 2015 Budset Amendment 250,160
Prooosed Total Appropriations $3.250.160
535
Resolution Adopting the Fifth Amendment to the Capital Budget for FY 2014115
June 10,2015
Page 4 of 4
JLM/
6. 63rd Street l6" Water Main: This budget amendment would increase funding to an
existing project needed to fund additional priority water and wastewater main repairs.
Funding for this amendment would come from de-appropriating $379,531 from the
following existing projects:
o North Shore Neighborhood lmprovements: $52,907
. Sunset & Venetian lsland Force Mains: $326,624
Prior Years' Appropriations $1.400.000
June 1 O, 2015 Budqet Amendment 379,531
Proposed Total Appropriations $1,779,531
7. 54 inch Diameter Redundant Sewer Force Main: An amount totaling $4,410,000
was appropriated in FY 14115 for the 54in Diameter Redundant Sewer Force Main
projects. However, these funds will not be made available until late this year due to
the bonding schedule. ln efforts to continue with priority water and wastewater main
repairs without interruption, Public Works staff recommends that $2,283,000 be re-
appropriated from the following projects:
o Biscayne Point Neighborhood lmprovement: $282,700
. LaGorce Neighborhood lmprovements: $2,000,300
Once the funding from the Proposed Water & Sewer bonds are made available,
these projects will be re-paid.
Prior Years' Aoorooriations $12.400.000
June 10, 2015 Budget Amendment 2,283,000
Proposed Total Appropriations $14,683,000
JW
@
536
ATTACHMENT A
FY 2074h5 CAPITAL BUDGET
SOURCE OF FUNDS
NOTE: Funding for the lnfiltration & lnflow Program - Phase 3 is being bonowed from funds previously appropriated for the
Sunsef & Venetian lsland Force Mains and Water System pressure Control Valve. These funds will be repaid once the Proposed
Water & Sewer Bonds are available. Funding for the Misc. Wastewater and Water Upgrades is being bonowed from funds
previously appropriated for the: lJtilities Relocations for State Project; Sunset Harbor Pump Station Upgrades; Flamingo
Neighborhood - Bid Pack C; Ftamingo Neighborhood - Bid Pack A. These funds will be repaid once the Proposed Water & Sewer
Bonds are available. The increase to the 63rd Street 16" Water Main project will be funded by funds previously approprtated for
the Nofth Shore Neighborhood lmprovements and Sunsel & Venetian lsland Force Mains. Funding for the 54in Diameter
Redundant Sewer Force Main project is being bonowed from funds previously appropriated for the Biscayne Point Neighborhood
lmprovement and LaGorce Neighborhood lmprovements. These funds will be repaid once the Proposed Water & Seuver Bonds
are available.
Amended 5
Funding Source Amended 4115115 Amended 6l,10115 Revised
2003 GO Bonds - Neighborhood lmprovement $ 160,000 $ 160,000
2003 GO Bonds - Fire Safety 625,000 625,000
2010 Parking Bonds Reso. 2010-27491 2,301.000 2,301,000
7th Street Garage 1,350,695 1,350,695
Capital Projects Financed by Other Funds 2.265.000 2,265,000
Capital Reserve 8,521,285 8,521.285
Convention Center 525,000 525,000
Concurrency Mitigation 2,060,000 2,060,000
Equipment Loan/Lease 4,947,O00 4,947,000
Fleet Management Fund 50,000 50,000
'lalf Cent Transit Surtax - County 2,333,000 2,333,000
lnfo & Communications Technology Fund 280,000 280,000
Local Option Gas Tax 336,000 336,000
MB Quality of Life Resort Tax Fund - 1%5,235,900 5,235,900
Miami-Dade County Bond 54,400,000 54,400,000
NB Quality of Life Resort Tax Fund - 1%2,984,000 2,984,000
Non TIF RDA (11,712,000"(11,712,O0O',:
Parking Operations Fund 4.841,000 37,000 4,878,000
Pay-As-You-Go 2,863,000 2,863,000
Penn Garage 402,000 402,000
Proposed Future RDA Bonds 310,050,000 310,050,000
Proposed Future ResortTax 1 Bonds 204,500,000 204,500,000
Proposed Future Water & Sewer Bonds 14,476,000 14,476,000
Proposed Parking Bonds 59,500,000 59,500,000
Proposed Sormwater Bonds 51,876,000 51,876,000
RDA Garage Fund 2,841,000 2,84'1,000
Renewal & Replacement Fund 3,035,120 84,000 3,119,120
SB Quality of Life Reso( Tax Fund - 1%1,870,000 1,870,000
Sanitation Enterprise Fund 375,000 375,000
South Pointe Capital 14,874,000 14,874,000
W&S GBL Series 2010 CMB Reso 2009-27243 458,000 458,000
Water and Sewer EnterPrise Fund 150,000 150,000
Clean Water State Revolving Loan Fund 7,500,000 7,500,000
Total Appropriation as of 04/15/15 $ 756,273,000 $ 121,000 $ 756,394,000
537
ATTACHMENT B
FY 2OL4II5 CAPITAL BUDGET
PROGRAMS
NOTE: Funding for the tnfittration & tnflow Program - Phase 3 is being borrowed from funds previously
appropriated for the Sunsef &Venetian lsland Force Mains and Water System pressure Control Valve. These
funds witl be repaid once the Proposed Water & Sewer Bonds are available. Funding for the Misc.
Wastewater and Water Upgrades is being borrowed from funds previously appropriated for the: Utilities
Relocations for State Project; Sunset Harbor Pump Stafion Upgrades; Flamingo Neighborhood - Bid Pack C;
Ftamingo Neighborhood - Bid Pack A. Ihese funds witl be repaid once the Proposed Water & Sewer Bonds
are available. The increase to the 63rd Street 16" Water Main project will be funded by funds previously
appropriated for the North Shore Neighborhood lmprovements and Sunsef & Venetian lsland Force Mains.
Funding for the 54in Diameter Redundant Sewer Force Main project is being borrowed from funds previously
appropriated for the Biscayne Point Neighborhood lmprovement and LaGorce Neighborhood lmprovements.
These funds wilt be repaid once the Proposed Water & Seurer Bonds are available.
Amended 15
Program Area Amended 4115115 Amended 6/10/15 Revised
Bridges $ 283,000 $283,000
Community Centers 42,000 42,000
Convention Center 522,013,000 522,013,000
Environmental 224,000 224,000
Equipment 9,405,000 9,405,000
General Public Buildings 5,588,000 84,000 5,672,000
Golf Courses 124,000 't24,000
lnformation Technology 1,780,000 1,780,000
Monuments 233,000 233,000
>arkino 833,000 833,000
)arking Garages 61.374,214 61,374,214
rarkinq Lots 468,000 37,000 505,000
Parks 8,159,900 8.159,900
Renewal & Replacement 6.677,601 6,677,601
Seawalls 254,000 254,000
Streets/ Sidewalk lmPs 98,453,393 (73,785)98,379,608
TransiU Transportation 8,771,000 8,771,000
Utilities 31,589,892 73,785 31,663,677
Total Appropriation as of 04115115 $ 756,273,000 $ 121,000 $ 756,394,000
538
ATTACHMENT C
FY 20141L5 CAPTTAL BUDGET
PROJECTS
Amended oolt.Olts
Capital Project Name Amended 4115115
Amended
6110115
Revised Capital
Budget
Surface Lot 12X - Washington Ave & 9th Street 297,000 10,000 307,000
Surface Lot 17X - Collins Ave & 13th Street 619,080 27,000 646,080
lnfiltration & lnflow Program - Phase 3 4,855,000 2,588,866 7,443,866
Sunset & Venetian lsland Force Mains 2,869,124 (2,715,490 153,634
Water System Pressure Control Valve 200,000 (200,000
Fire Station #4 Air Handler Replacement 50,000 84,000 144,000
Misc. Wastewater and Water Upgrades 3,000,000 250,160 3.250,160
Utilities Relocations for State Projects 458,000 (229,000)229,000
Sunset Harbor Pump Station Upgrades 6,697,000 (2821 6.686.718
Flamingo Neighborhood - Bid Pack C 5,706,335 (18,146)5,688,189
Flamingo Neighborhood - Bid Pack A 9,37!,487 (2,732!'9,368,755
53rd Street 15" Water Main 1,400,000 379,53L 1.779,531
North Shore Neighborhood lm provernents 10,845,42O {52,9071 10,792,5'.t3
54in Diameter Redundant Sewer Force Main 12,400,000 2,283,O00 14,683,000
Biscayne Point Neighborhood lmprovements 25,883,113 Q82,7A01 25,600,413
LaGorce Neighborhood lmprovements 74,O98,6L7 (2,000,300)12,098,317
Total $ 98,750,176 $ 121,000 $ 98,871,176
539
RESOLUTION TO BE SUBMITTED
540
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4 MIAMIBEACH
Clty of Mloml Beoch, .l700 Convention Center Drive, Miomi Beoch, Florido 33'139, www.miomibeochfl.gov
CO ISSION MEMORANDUM
Mayor Philip Levine and Members of
Jimmy L. Morales, City Manager
June 10,2015
PUBLIC HEARING
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CIry OF
M!AM! BEACH, FLORIDA, PURSUANT TO SEGTTON 142452(dl OF THE CITY
CODE, WAIVING BY 5/7TH VOTE OF THE GITY COMMISSION AFTER PUBLIC
HEARING, THE DEVELOPMENT REGULATIONS UNDER CHAPTERS 130 AND
142 OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE
PERTAINING TO REQUIRED OFF.STREET PARKING SPAGES AND MINIMUM
REQUIRED SETBACKS, AT THE BASS MUSEUM OF ART, 21OO COLLINS
AVENUE.
ADM!NISTRATION RECOMMEN DATION
The Administration recommends that the City Commission open and continue the item to a date
certain of July 8,2015.
BACKGROUND
On May 6,2015, at the request of Commissioner Joy Malakoff, the City Commission referred
the proposed waiver of development regulations (C4K) to the Planning Board for review,
pursuant to Section 1424125(d) of the City Code. The funding for the Museum expansion was
approved by the City Commission last year.
On May 12, 2015, the Historic Preservation Board granted a Certificate of Appropriateness for
the partial demolition, renovation and expansion of the Bass Museum al2100 Collins Avenue
(HPB File No. 7521). lt was determined, during the course of the Historic Preservation Board
review that the proposed Museum expansion will require a waiver from the following
development regulations:
1) Section 130-131 pertaining to a fee in lieu of providing required parking for new
construction; and
2) Section 142-218 pertaining to minimum setback requirements for the proposed western
expansion.
ANALYSIS
The location is zoned Government Use (GU) and, as per Section 142-425(d) of the City Code,
the City Commission may waive by five sevenths vote, following a public hearing, development
regulations "pertaining to governmental owned or leased buildings, uses and sites which are
wholly used by, open and accessible to the general public, or used by not-for-profit, educational,
or cultural organizations, or for convention center hotels, or convention center hotel accessory
garages, or city utilized parking lots, provided they are continually used for such purposes."
TO:
FROM:
DATE:
Asenda ltem 87 C -oate b'lo'l!542
Waiver Of Development Regulations - Bass Museum
June 10,2015
Page 2 of 2
PLANNING BOARD REVIEW
ln accordance with the requirements
reviewed this matter at their May 26,
the subject waivers.
CONCLUSION
The Administration recommends the
certain of July 8,2015.
of Section 142-425 of the City Code, the Planning Board
2015 meeting and unanimously recommended in favor of
City Commission open and continue the item to a date
JL
T:\AGENDA\2015Uune\Waiver of Dev Regs for Bass Museum MEMO.docx
We are commiffed to providing excellent public service ond so{e\ to oll who live, work, ond ploy in our vibront', tropicol, hislotic communii/
543
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MtAMt BEACH, FLORIDA, PURSUANT TO SECTTON 142-425(dl OF THE
CITY CODE, WAIVING BY 5/7TH VOTE OF THE CITY COMMISSION AFTER
PUBLIC HEARING, THE DEVELOPMENT REGULATIONS UNDER
CHAPTERS 130 AND 142 OF THE LAND DEVELOPMENT REGULATIONS OF
THE GIry CODE PERTAINING TO REQUIRED OFF-STREET PARKING
SPACES AND MINIMUM REQUIRED SETBACKS, AT THE BASS MUSEUM
OF ART, 21OO COLLINS AVENUE.
WHEREAS, the Bass Museum of Art is located at 2100 Collins Avenue is zoned
Government Use (GU); and
WHEREAS, the proposed western expansion of the Bass Museum of Art has been
funded; and
WHEREAS, on May 12,2015, the Historic Preservation Board granted a Certificate of
Appropriateness for the partial demolition, renovation and expansion of the Bass Museum at
2100 Collins Avenue (HPB File No. 7521); and
WHEREAS, chapter 142 of the City Code provides for minimum parking and setback
requirements for new construction located in GU districts; and
WHEREAS, the City of Miami Beach Land Development Regulations (LDR) at Section
142-425(d), provides, following review by the Planning Board, and a public hearing before the
City Commission, for a waiver, by 5l7th vote of the City Commission, of the City's development
regulations on governmentally owned or leased buildings at GU zoned properties, provided the
proposed user is a not-for-profit, educational or cultural organizations, and provided the GU
sites are continually used for such non-profit, educational or cultural purposes; and
WHEREAS, pursuant to the requirements of 1 42-425(d), an analysis was conducted and
the Planning Director determined that the proposed Museum expansion will require a waiver
from Section 130-131 of the City Code pertaining to a fee in lieu of providing required parking
for new construction and from Section 142-218 of the City Code pertaining to minimum setback
requirements for the proposed western expansion of the Museum; and
WHEREAS, on May 26,2015, the Planning Board reviewed the proposed waiver and
recommended in favor by a vote of 5-0; and
WHEREAS, the City Commission determines it is appropriate to waive the development
regulations by a 5l7th vote in conjunction with the proposed expansion of the Bass Museum.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, pursuant to section 142-452(d) of
the City Code, waiving by 5l7th vote of the City Commission after public hearing, the
development regulations under section 130-131 and 142-1218 in conjunction with the expansion
544
of the Bass Museum of Art, located at 2100 Collins Avenue, as approved by the Historic
Preservation Board on May 12,2015 (HPB File No. 7521).
PASSED AND ADOPTED this _ day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
F:\ATTO\BOUE\RESOS\Waiver of Dev Regs for Bass Museum RESO REV|SED.docx
545
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547
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Pursuant To
Section 82-37(A)(2) Of The City Code, Setting A Public Hearing To Consider Approving The Transfer, Via
Quit Claim Deed, To The State Of Florida Department Of Transportation (FDOT) The Property ldentified ln
Exhibit A, As The Property Has Been Constructed Upon By FDOT And Utilized As A Turning Lane From
Michigan Avenue Onto Alton Road; Containing Approximately 4,014 Square Feet ln TotalArea; Waiving
By 5/7th Vote, The Competitive Bidding Requirements And lndependent Appraisal Requirements Of
Section 82-39 Of The City Code, Finding That The Public lnterest Would Be Served By Waiving Such
Conditions; And Directing The City's Planning Department To Prepare A Planning Analysis Pursuant To
Section 82-38 Of The Citv Code.
Item Summary/Recommendation :
The State of Florida Department of Transportation (FDOT) has already improved State Road No. 907,
Alton Road with a turning lane at the intersection of Michigan and Alton Road. As identified in Exhibit
A ("Property") there is a sliver of land owned by he City of Miami Beach that contains the turning
lane which was constructed by FDOT on the Property and has been utilized and maintained for
years by FDOT. As FDOT needs the Property for a turning lane, and has already utilized the area as a
turning lane and has maintained the area for some time, it is in the City's best interest, for transportation
purposes, to transfer title to the Property to FDOT.
CURRENT STATUS
FDOT has applied to the City to execute and deliver a deed, or deeds, in favor of FDOT, conveying all
rights,titleandinteresttotheProperty. PursuanttoSectionsB2-3T,thesaleortransferofCityproperty
is to be referred by the City Manager to the Finance and Citywide Projects Committee, which Committee
will hear the item on July 1,2015. The Planning Department, pursuant to Section 82-38, of the City Code
has prepared a written planning analysis (Attached).
Although the City's procedures for the lease of sale or sale of public property also requires an advertised
public bidding piocess and an independent appraisal, these requirements may be waived by 5/7th vote.
The City Administration recommends that the Mayor and City Commission waive the competitive bidding
requirement and independent appraisal requirement, finding that the public interest is served by waiving
such conditions.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Adviso Board Recommendation:
Financial lnformation :
Source of | |Funds: I I I
I lt 2l
oBPl I rotat
I
Financial lmpact Summary:
Clerk's Office
Eric Carpenter, Public Works X6012
T:\AGENDAVOl 5Uune\PUBLIC WORKS\FDOT vacation. Sum.doc
AGENEA ITEM R7 T)# MIAMIBTACH DATE548
g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of
Jimmy Morales, City
June 10, 2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAM!
BEACH, FLORIDA, PURSUANT TO SECTTON 82-37(All2) OF THE C|TY CODE,
SETTING A PUBLIC HEARING TO CONSIDER APPROVING THE TRANSFER, VIA
QUIT CLAIM DEED, TO THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATTON (FDOT) THE PROPERTY IDENTIFIED tN EXH|BIT A, AS THE
PROPERTY HAS BEEN CONSTRUCTED UPON BY FDOT AND UTILIZED AS A
TURNING LANE FROM MICHIGAN AVENUE ONTO ALTON ROAD; CONTAINING
APPROXIMATELY 4,014 SQUARE FEET lN TOTAL AREA; WAIVING BY 5/7TH VOTE,
THE COMPETITIVE BIDDING REQUIREMENTS AND INDEPENDENT APPRAISAL
REQUIREMENTS OF SECTION 82.39 OF THE CITY CODE, FINDING THAT THE
PUBLIC INTEREST WOULD BE SERVED BY WAIVING SUCH CONDITIONS; AND
DIRECTING THE CITY'S PLANNING DEPARTMENT TO PREPARE A PLANNING
ANALYSIS PURSUANT TO SECTION 82.38 OF THE CITY CODE.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution.
BACKGROUND
The State of Florida Department of Transportation (FDOT) hasalready improved State Road No.
907, Alton Road with a turning lane at the intersection of Michigan and Alton Road. As
identified in Exhibit A ("Property") there is a sliver of land owned bythe Cityof MiamiBeach
that contains the turning lane which was constructed by FDOT on the Property and has
been utilized and maintained for years by FDOT. As FDOT needs the Property for a turning
lane, and has already utilized the area as a turning lane and has maintained the area for some
time, it is in the City's best interest, for transportation purposes, to transfer title to the Property to
FDOT.
TO:
FROM:
DATE:
549
City Commission Memorandum - FDOT Vacation
June 10, 201 5
Page 2 of 2
CURRENT STATUS
FDOT has applied to the City to execute and deliver a deed, or deeds, in favor of FDOT, conveying
all rights, title and interest to the Property. Pursuant to Sections 82-37, the sale or transfer of
City property is to be referred by the City Manager to the Finance and Citywide Projects
Committee, which Committee will hear the item on July 1, 2015. The Planning Department,
pursuant to Section 82-38, of the City Code has prepared a written planning analysis (Attached).
Although the City's procedures for the lease of sale or sale of public property also requires an
advertised public bidding process and an independent appraisal, these requirements may be waived
by 5/7th vote.
The City Administration recommends that the Mayor and City Commission waive the competitive
bidding requirement and independent appraisal requirement, finding thatthe public interest is served
by waiving such conditions.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution.
Attachments: A. Sketch and Legal
B. Commission Memorandum: Analysis of proposed Right of Way (ROW) transfer
to the Florida Department of Transportation (FDOT) - Michigan and Alton
rn,r,rfur.r,
T:\AGENDAVOl 5Uune\PUBLIC WORKS\FDOT vACAtiON. MEMO.dOC
550
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EXHIBIT ''A"
LEGAL DESCRIPTION . PARCEL 1OO:
Being a portion of NoT SUBDIVIDED land, ly-ing-Ln the Northwest one-quarter otar o1 Section 34 and
the Sourhwest one-quarter (1/4) of Section zz. rownsnip-ii''ii,,.itri. n'-^s" az'Eisi' in the Citv of Miami
;;..h."ii;;id., and 'being more particularly described as follows:
CoMMENCE at the intersection of the Baseline of Survey of state Road 907 (Alton Road)' as it is 5hown
on the Ftorida oepartmenr oi i-"ipo.tiiion Proiect Hc(*orr conttol for said State Road 907' Project
No. 429193-1, dated 09/30/ibii;';,i; ii; c.nt"iinu oi'urln,g-.^ Avenue; !hejr-c-e N 3e'19'22' E, alons
said Baseline of Survey or silie'noao goz-(ltton noaal, zi.oil feet; thence, departinq said Baseline of
survey at rieht,angtes. S s6:;b:'j8;-i iri.bd fd"1 to.th;'inGrsection with the-southeasterlv existing
riohr-oi.way tine of said st.i.'io'Ja goi-inrton i*ar, li ii-ii shown on the Florida Department of
Transportation Right of Wr;-t'4;; foi;aid State RoaO 9b1. Section 87037-250.7, last revised on
t21.S/tggs, said point oelrig'i';5 p6rr'ii'6i eiGrruirlrtro ot tnu following described parcel:
Thence N 39.19'22'E, along said southeasterly right-of-way line of.State Ro-ad 907' a distance
of 540.61 feet to a point oi';,,ii'ie-c"t-ion-anO i:6gi,ining of j tangent -curve concave to the Northwest'
having a radius of zgz.:g ieei;-tne;;;;;rth;tierly a'lo-ng-ttre 5rc of said curve and said right-of-wav
tine o{ State Road 907. " iiii'^I" oiii.zg re"t, througnin central angle of 02'32'09"; thence
S 53.12,47' E 4.00 feet t"';';;;t ""i i^-i"""iti."'*iifi'a crt,e parallel io the southeasterlv existing
right-of.way line of said Staie''Coad 907 and .on.aru-iJ t-f'e t'tohtrwest, havi.ng a radius of 801 39 feet;
thence southwesterry arong"i'n;';;; ;i;.;; -.rrr"-l ditu"lJ oi zs'qt feet'.thrbuoh a central ansle of
02"32,09,,; thence S :s.tglz);w io6.s2 teeu tnence-ild;r-o'tai e r.oo feet;.tf,ence 5 39'19'22' w
373.69 to a point of intersJciion'ani-ii"ginni;g ot a ta-nq;t iu-e conca'e to the Northeast' having a
radius of 68.00 feet; tn"nci-iirtnlasteriy aro,ig tne iiC? said curve a- distanc^e of 80'03 feet; thence
s 61.53,30, vj 7.oo feer t. ti!,i^leri-"iiion witi tne ?igni-oi;iy tine ot state Road 907 (Alton Road)
and the beginning ot a non-ianqen[ curr" concave to i'ne lfortniast, having a radius of 75'00 feet: to
which a ooint of a radiat ti;;"#;[ ti";i:#;o;;-, ii,"r& nortneasierlv al6ng.said curve and said
riqhr-cf-way tine of State R;;irn;, i iistlni" of eA.i6 feet, through i cential anqle of 67'25'52" to
thE 2OiNT OF BEGINNING.
Containing 4.014 Square Feet of land, more or less
GENERAL NOTES:
. THIS IS NOT A SURVEY. i:;"?rt\YJJ;fii;;;.p are not vatid without the signature and original raised seal of the
i-iiii-r i.""..d Survevoi and Mapper in responsible charge.ildiiaa licensed Surveyoi and Mapper in responsible charge'
rh6 Bearinos shown hereon are referenced to the Baseline 0i;"J'E:.;'';;;;["i,;;?;;;';,d'iJr[i""itir-i5 tle-easerine or survev or.state Road e07
iiito-"-n.'Jii, -having a Ueariiq-or-ru jS;tS'ZZ' E, as shown on the Florida Department of
i.a,iipirt"ti,j" rroje-ct ruetwoii a;;ir;iroi sJio s.rate.Road 907, completed on 09/30/201
. The 8e
said State Road 907, completed on 09/30/2011 by
- il.t];liri^'E'ir',llii;iii,L;i"r,ii-'"tiin rou'ii in iiat eook 8. Pase 52, and is not supported bvSection line shown ls per lntormarlon Iourro rtr rroL p\
a-ir*eV. lt is shown ior informational purposes-only'i#i';'#;;dj;';;llti;;;'i;';;il;';Jp','i[iicnJio' reports bv a.nY p-11]. other than thetOiliiiti," inOloT Oeietions to survey mdps, .sketches or reports by any peity
;is'ii.n! ;ily';ie-pioiiioiieo without the written consent of ,the st:1ins.,p1:tv'
uJ"rEic. Vira ar{o Associates, lnc-, for Project No' 429193-l'
- Rioht.of.Wav tines shown ;;;-&; tiie itoriai Department of Transi-ortiti^on Right of Way Map
;;;';;i; st-ai" C;;J goz, iection 87037'2507, last revised on 12/15/198e
This do(ument caosists ol two (2) sheets
and shall noi be considered full, valid.
ina iomptete unless each sheet is alta(hed
to the oth€..FLORIDA LICfNSE NO. 5OA2
DATE
FLORIDA DEPARTMEMT Of TT{ANSPORTATICN
SKETCH TO ACCOMP,AI\.iY LEGAL. DESCRIPTION
MIAMTDADE COUNTY
STATE ROAD NO. 907
F.p. NO. 429193.1 sECrlON 87037 I SHEET I OF 2errc: :!Apt ai:{i I ta:R i r..i.'l.r
3of5;
552
Attachment - B
MIAMIBTACH
PLANNING DEPARTMENT COMMISSION MEMORANDUM
TO: Jimmy L. Morales, City Manager
FRoM: Thomas R.,Y::1"V, ACPtm/
Planning Director v
DATE: May 26,2015
SUBJECT: Analysis of Proposed Right of Way (ROW) Transfer to the Florida Department
of Transportation (FDOT) - Michigan and Alton
BAGKGROUND
Section 82-38 of the Code of the City of Miami Beach requires that any proposed sale or
lease of City-owned land be analyzed from a planning perspective so that the City
Commission and the public are fully apprised of all conditions relating to the proposed sale
or lease.
The proposal is to transfer property that runs parallel to the north side of Michigan Avenue
and the east side of Alton Road, as depicted in Exhibit A. The right of way contains
approximately 4,014 square feet in total lot area. The property was built on by FDOT and
used as a turning lane from Michigan Avenue onto Alton Road. The following is an analysis
based on the criteria delineated in the Code.
ANALYSIS
1. Whether or not the proposed use is in keeping with city goals and objectives
and conforms to the city comprehensive plan.
Consistent - The property proposed to be transferred to FDOT is being used to
allow for a turning lane from Michigan Avenue to Alton Road. This is the result of
coordination between the City of Miami Beach and FDOT in order to improve the flow
of traffic, which is consistent with the Comprehensive Plan Transportation Element
Objective 10, which states the following:
Objective 10: IRANSPORTATION COORDINATION WITH OTHER
JURISD/CIIONS
Transportation efforts in the City will be coordinated with the plans and
programs of other state and local jurisdictions including; the Miami-Dade
Metropolitan Planning Organization (MPO), the Florida Department of
Transporiation (FDOTI, Miami-Dade County Public Works (MDCPW), and
Miami-Dade Transit (MDT), and other localjurisdictions.
553
2.
Analysis of Proposed Right of Way Transfer - Michigan Avenue and Alton Road
May 26, 201 5
Page 2 of 2
The impact on adjacent property, including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise leve! or
enhanced property values, improved development patterns and provision of
necessary services. Based on the proposed use of the property, the city shall
determine the potentia! impact of the project on city utilities and other
infrastructure needs and the magnitude of costs associated with needed
infrastructure improvements. Should it become apparent that further
evaluation of traffic impact is needed, the proponent shall be responsible for
obtaining a traffic impact analysis from a reputable traffic engineer.
Consistent - No negative impacts are anticipated by the proposal, as the use of the
property will not change, since it is currently being used as a right turn lane.
A determination as to whether or not the proposed use is in keeping with a
public purpose and community needs, such as expanding the city's revenue
base, creating jobs, creating a significant revenue stream, and improving the
community's overall quality of life.
Consistent - This proposal allows for the maintenance of traffic flow at the
intersection of Michigan Avenue and Alton Road by FDOT. The property will be
maintained in the public realm, so the public purpose of maintaining traffic flow will
be maintained.
A determination as to whether or not the development is in keeping with the
surrounding neighborhood, will block views or create environmental
intrusions, and evaluation of the design and aesthetic considerations of the
project.
Consistent - The surrounding neighborhood will not be negatively affected, as the
use of the property will not change. The property is currently being used as a right
turn lane, and will not block views or create environmental impacts.
The impact on adjacent properties, whether or not there is adequate parking,
street and infrastructure needs.
Gonsistent - Transfer of this property to FDOT will not affect the parking or
infrastructure needs of adjacent properties, as there is currently no parking on the
property, and it allows for the appropriate maintenance of the infrastructure.
Such other issues as the city manager or his authorized designee, who shall
be the city's planning director, may deem appropriate in analysis of the
proposed disposition.
Not applicable - The Planning Department has no other issues it deems
appropriate to analyze for this proposal.
3.
4.
5.
6.
We ate cammitted to provtding excellent public servtce ond sofet'y to oll who live, work, ond ploy in our vibront, t'ropicol, historic community
554
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAM! BEACH, FLORIDA, PURSUANT TO
SEGTION 82-37(al(21OF THE CITY CODE, SETTING A PUBLIC
HEARING TO CONSIDER APPROVING, ON SECOND
READING,THE TRANSFER, VIA QUIT CLAIM DEED, TO THE
FLORTDA DEPARTMENT OF TRANSPORTATTON (FDOT) THE
PROPERW IDENTIFIED IN EXHIBIT "A," AS THE PROPERry
HAS BEEN CONSTRUCTED UPON BY FDOT AND UTILIZED
AS A TURNING LANE FROM MICHIGAN AVENUE ONTO
ALTON ROAD; CONTAINING APPROXIMATELY 4,014
SQUARE FEET !N TOTAL AREA; FURTHER WAIVING, BY
5/7THS VOTE, THE COMPETITIVE BIDDING REQUIREMENTS
AND INDEPENDENT APPRAISAL REQUIREMENTS OF
sEcTtoN 82-39(b) OF THE C|TY CODE, F|NDING THAT THE
PUBLIC INTEREST WOULD BE SERVED BY WAIVING SUGH
CONDITIONS; DIREGTING THE ITEM BE SENT TO THE NEXT
FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING;
AND DIRECTING THE CITY'S PLANNING DEPARTMENT TO
PREPARE A PLANNING ANALYSIS PURSUANT TO SECTION
82.38 OF THE GITY CODE.
WHEREAS, the State of Florida Department of Transportation (FDOI) has
already improved State Road No. 907, ltem No. 429193-1, in Miami-Dade County,
Florida, otherwise known as the turning lane and intersection of Michigan and Alton
Road, Miami Beach, Florida; and
WHEREAS, it is necessary that certain property identified in Exhibit "A"
(hereinafter "Property"), currently owned by tne City of Miami Beach, be acquired
by FDOT, as it appears that the turn lane from Michigan Avenue onto Alton
Road was constructed by FDOT on the Property and has been utilized and
maintained for years by FDOT; and
WHEREAS, the Property is not needed for City purposes, is already being
used and maintained by FDOT, and does facilitate transportation in the City; and
WHEREAS, FDOT has applied to the City to execute and deliver to the FDOT a
deed, or deeds, in favor of the FDOT, conveying all rights, title and interest to the
Property, as this area is required fortransportation purposes, and
WHEREAS, it is necessary that this Property now owned by The City of
Miami Beach, Florida, be acquired by FDOT; and
555
WHEREAS, pursuant to Sections 82-37 , the sale or transfer of City property is to
be referred by the City Manager to the Finance and Citywide Projects Committee; and
WHEREAS, pursuant to Section 82-38, of the City Code, the Planning
Department is to prepare a written planning analysis, to be submitted to the City
Commission concurrent with its consideration of the proposed conveyance; and,
WHEREAS, although the City's procedures for the lease of sale or sale of public
property also require an advertised public bidding process and an independent
appraisal, these requirements may be waived by 5/7th vote; and
WHEREAS, as FDOT needs the Property as a turning lane, and has already
utilized the area as a turning lane and has maintained the area for some time, it is in the
City's best interest, for transportation purposes, to transfer title to the Property to FDOT;
and
WHEREAS, the City Administration recommends that the Mayor and City
Commission waive the competitive bidding requirement and independent appraisal
requirement, as permitted pursuant to 82-39(b) finding that the public interest is served
by waiving such conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
GOMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, pursuant to Section 82-
37(a)(2) of the City Code, setting a public hearing to consider approving, on second
reading, the transfer, via quit claim deed, to the Florida Department of Transportation
(FDOT) the property identified in Exhibit "A," as the property has been constructed
upon by FDOT and utilized as a turning lane from Michigan Avenue onto Alton Road;
containing approximately 4,014 square feet in total area; further waiving, by 5/7ths
vote, the competitive bidding requirements and independent appraisal requirements of
Section 82-39(b) of the City Code, finding that the public interest would be served by
waiving such conditions; directing the item be sent to the next Finance and Citywide
Projects Committee meeting; and directing the City's Planning Department to prepare
a Planning Analysis pursuant to Section 82-38 of the City Code.
PASSED and ADOPTED this _day of June, 2015.
Philip Levine, Mayor
ATTEST:
APPROVED AS TO
rONU & LANGUAGE
& FOR EXECUIIONRafael E. Granado, City Clerk
(ht'r--
Dote
F:\ATTO\BOUE\RESOS\Resolution on FDOT Quit Claim Deed Michigan and Alton 5 - '15 - 201 S.doc
556
This instrument prepared by, or under the supervision of
(and after recording, return to):
RaulAguila
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
QUIT.CLAIM DEED
THISQUIT.CLAIMDEED,madeaSofthis-dayof-)2015(the
Effective Date), by the City of Miami Beach, Florida, a municipal corporation whose address is
1700 Convention Center Drive, Miami Beach, Florida, 33139, first party, to the Florida
Department of Transportation, second party:
(Wherever used herein the terms first party and second party shall include singular and plural, heirs,
legal representatives, and assigns of individuals, and the successors and assigns of corporations,
wherever the context so admits or requires).
WITNESSETH, that the said first par[, for and in consideration of the sum of TEN
DOLLARS and other good and valuable consideration ($10.00) in hand paid by the said second
party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim
unto the said second party forever, all the right, title, interest, claim and demand which the said
first party has in and to the following described property being situated in Miami-Dade County,
Florida, and legally described as follows:
See attached Exhibit "A"
TO HAVE AND TO HOLD the same together with all the tenements, hereditaments
and appurtenances thereunto belonging.
It is the intent of hrst party, by this instrument, to convey to second party the land
described in Exhibit "A" hereto.
(Reserved for Clerk of Court)
557
IN WITNESS WHEREOF, The said first party has signed and sealed these presents the
day and year first above written.
Signed, sealed and delivered
in the presence of:
Witnesses: City of Miami Beach
Print Name:Philip Levine, Mayor
Print Name:
STATE OF FLORIDA)
couNTY oF MIAMr-DADE)
The foregoing instrument was acknowledged before me this _ day of 2015
by Philip Levine, as Mayor of the City of Miami Beach, who is personally known to me or who has
produced as identification and did (did not) take an oath.
My Commission Expires:Notary Public, State of Florida
City of Miami Beach
Rafael E. Granado, City Clerk
By:
By:
558
EXHIBIT "A"
LEGAL DESCRIPT|ON - PARCEL IOO:
Being a portion of NoT SUEDMDED land, ly-ilg_Ln the. Northwest one'guarter (-u4l of section 34 and
rhe southwest one-quarrer iiiii-"r'sliiid.'iilrownitrip _5i.soutn, Ra'nge 42 East. in the citv of Miaml
d;;ci',-46;ida, and 'being more particularly described as follows:
COMMENCE at the intersectlon of the Baseline of Survev of State Road 907 (Alton Road), as it i5 ghown
on the Ftorida Department ii'rrin-iio.titroll Proiect ne-irvort control for sald state Road 907. Proiect
No, 429193-1, aateo oslroEbii:';,[J th;etntih-ine oi-i,ilittlg-dn Avenue; thence N 3e'1e'22' E, alons
l.-ib a-irili".iti ildt';i'fii;'noao -iorlarton
Road), ii.o-o reet; thence. departins said Baseline or
survey at rtght angtes. s 5oJ4o:38:? iri.bci rCii to th;'inGcection wlth the sdutheasterlv existing
rrdhr-of-wav tine of said st"i"'iJJO 6Oi-iiitdiioiai, as ii-ii shown on thq llorJda Depirtment of
i:i;;;;Uii#'irli'i-"iviii:ni'i riiiiid dirie noad'goz, section 87037-2s07, last revised on
i:;iiiiib'r';;il';;i"t u"iiis th5 icirn-i.oibtGtNNiNG of the followins described parcelr
Thence N 39.19.22" E, along said southeasterly right-of-way line of.state Road--907. a distance
"ila-O.ai
ie;fit; point or-inte,section and uilgi;ning of a tangent curve concave to the Northwest'
havino a radius of zgz.fg re"i;ltrinii'nortreiiierly a-long'ttre 5rc of said curve and said.right'ot-way
iiil';? ;tiiJ'R;;; ;6;:; diiinci-of ls.2e feet. throueh'an central.anele of 02'32'0e': thence
s 53,12.47, E 4.00 feer to 5'iiini; i;#;cti;-*i[rri cu*e parallelio the southeasterlv-existing
igii-o'rl*;v rini'-oi tiiO Siaie'noao 907 and concave.to ttre Hohtrwest, having a radius of 801.39 feet;
thence southwesterry atong ii;';;; ;i;";d;wri-" iiitlnii ot ts.tt feet, through a ce-n!r-a!-a-lgg 9j.
02.32,09',; thence S 39.r9.2);fr ieO.di-ieii: itrence i io;co'38" E 3.oO feet;.thence S 39'19'22- w
373.69 to a point of inters&iion-ani-beginni;g ol a taioent cu-e conca,e to the Nonheast' havlng a
radius of 68.00 feet: tnenci-jJriniasieify aiorig ttre ail'ot said curue a-distanc-e of 80'03 feeu thence
s 6l's3,30. w 7.OO feet to't-nii"l-eiilidion '"iti't trre rishi-of-urar l!pe.gf .s,t9t! load 907 (Alton Road)
and the beginning or a non.iJiseni iurve concave to iiJ trorttr6ast, having a radius of 75.00 feet; to
which a point of a radiat il;#;;;ll-Oi:SiiO;-e-r iirencl northeasterly al6ng.said curve and said
riohr-of-wav tine of state R;ili;i,';;tt-;dof'as.z6Eet, through 5 centr-al angle of 67"25'52'to
rh-e POINT br aecruutNc.
Containing 4,014 Square Feet of land. more or less'
GENERAL NOTES:
. THIS 15 NOT A SURVEY. ieproauctions'of tniimap are not valid without the signature and original raised seal ot the
rr;ri,{. I hancad Rrrruavar .nri Maboar in resoonsible charoe.Florida Licensed Surveyoi and Mapper in responsible charge'Florida Licensed Surveyor and Mapper ln responsrDte cnar9e'
- The Bearinos shown hereo; a;e rCfEienceO t6 tne aaseline of Survey of.State Road 907
ilito^-n"'lfii, niring Jbearing of N 39'19'22- E, as shoyvn on the Florida Department c
i?;;iil;i;;'Fiiil"a r,r-"t*ori iontrot ror said state-Road-907, completed on 09130/20
-riiri'ns'Jbe;ri"g oiN lg;t9 r' e, Jiitro"n -on the Florida.Dep{JP9l'I^o-f
i iroie-ct Hetwor[ control for said State Road 907, completed on 09130/201i?;;.;;H;iij;'Fiiill1-r't-"t',iiiiE itniror roi ia-io3tate Road e07, completed on 0e/30/2011 bv
Manuil 6. vera arid Associates. lnc', for Proiect No. 429193L'
- iri"'ni"t iu", tines shown lid-ifr tiri Ftoriai Department of rransportatlon Right of way Map
iiii liia stale noio 907, Section 87037-2s07, tasr revised on r2115/1989.
- iection finisfrowir is periitor-ition forrU in platEoot 8. Page 52. and ls not supported by
a survey. It is shown ior informational purposes only. ^rL^, |h,- lha. io?riirii" J'"i7"7i.iltiJ^r'i'" jii"iiv ,ipl,-it"tcr'eiot repo.rts by a.nv n-a{v other than the
tig.id;.fty;re proirioiteo wlthout the'written consent of ,tbe srgning,,qgty'
ral
This document ronsistg of two (21 sheets
6nd shall not be considcred full' valid.
ind complotc uoles5.ach sheet 15 atta<hcd
to the othcr.FLORIDA LICEN9E NO. 5082
WILLIAM A. AEAI..A -
piio?eisronta'L Bunvevon AND MAPPER
FLORIDA DEPARTUETIT OT IMNSPORTATICN
SKETCH TO ACCOM PA T'iY-L!9 J! DISCruPTION
STATE ROAD ilO.907 MIAMT-DADE COUNW
r{@c !. I t'i! strl
rDG dsnr(r G | ;te Gru"^t' t'or"
,s(fi !# (ssi Urt I l4i0lrl mwi D.oE{r9 09loI t
F.p. NO. 42919!'l SECTION 87037 I SHEET I OF 2
cags r&o !r a
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THIS PAGE INTENTIONALLY LEFT BLANK
561
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution authorizing the City Manager or his designee to apply for and accept a Justice Assistance
Grant with the U.S. Department of Justice. Bureau of Justice Assistance.
lnsist on Police Department accountability and skilled managemenUleadership
Supporting Data - Community Satisfaction Survey: When asked how to improve the Quality of Life in
Miami Beach "lm alitv of and enforcement" was the fourth hiqhest
Item Su mmary/Recommendation :
The Administration requests approval to authorize the City Manager or his designee to submit a grant
application to the US Department of Justice for the Fiscal Year 2015 Edward Byrne Memorial Justice
Assistance Grant (JAG) program, in the approximate amount of $62,874, for local criminaljustice programs
that meet the Department of Justice's criteria.
Applicants are required to make information on this JAG grant available to the governing body, and are
required to provide an opportunity for citizens to comment prior to application submission, to the extent
applicable by law or established procedures. The Administration is therefore making this information
available at this public City Commission meeting. lnformation regarding this grant and an opportunity for
public comment are also available on the City's website at: www.miamibeachfl.qov.
AGENDA ITETII R] E
Financial lnformation :
Source
of
funds
Grant Name/Project Approx
Grant Amt
Approximate
Match AmounUSource
FY 2015 US Department of Justice Edward
Byrne Memorial Justice Assistance Grant
(JAG) Program
$62,874 N/A
Financia! lmpact Summary: This grant does not require matching funds.
Judy Hoanshelt, Grants Officer, Office of Budget and Performance lmprovement
MIAMIBEACH aere 6-10-l{562
MIAMI BEACH
City of Miomi Beoch, 1200 Convention Center Drive, Miomi Beoch, Florido 33,1 39, www.miomibeochfl.gov
COMMISSI N MEMORANDUM
Mayor Philip Levine and Members the City
Jimmy L. Morales, City Manager
June 10,2015
A RESOLUTION OF THE MAYOR CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA APPROVING AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE
US DEPARTMENT OF JUSTICE FOR THE FISCAL YEAR 2015 EDWARD
BYRNE MEMORIAL JUSTIGE ASSISTANCE GRANT (JAG) PROGRAM, FOR
FUNDING IN THE APPROXIMATE AMOUNT OF $62,874 FOR POLICE
DEPARTMENT PRIORITIES; APPROVING AND AUTHORIZING THE
APPROPRIATION OF THE ABOVE GRANT; AND FURTHER AUTHORIZING
THE CITY MANAGER, OR HIS DESIGNEE, TO TAKE ALL NECESSARY STEPS
AND TO EXECUTE DOCUMENTS IN CONNECTION WITH THE AFORESTATED
GRANT INCLUDING, WITHOUT LIMITATION, APPLICATIONS, GRANT AND
FUNDING AGREEMENTS, AND AUDITS.
ADM!NISTRATION REGOMMENDATION
Adopt the Resolution.
ANALYSIS
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a)) is
the primary provider of federal criminaljustice funding to state and localjurisdictions. The
JAG Program provides states and units of local governments with criticalfunding necessary
to support a range of program areas.
JAG funds may be used for state and local initiatives, technical assistance, strategic
planning, research and evaluation (including forensics), data collection, training, personnel,
equipment, forensic laboratories, supplies, contractual support, and criminal justice
information systems that will improve or enhance such areas as:
. Law enforcement programs.
. Prosecution and court programs, including indigent defense.. Prevention and education programs.. Corrections and community corrections programs.. Drug treatment and enforcement programs.r Planning, evaluation, and technology improvement programs.. Crime victim and witness programs (other than compensation).
TO:
FROM:
DATE:
Subiect:
563
Commission Memorandum
Page 2
The Department of Justice requires that prior to application submission the applicant agency
must make information on the JAG grant available to the governing body. As such, the
purpose of this agenda item is to make information regarding the Fiscal Year 2015 JAG
application available to the public. ln addition to this agenda item, information regarding this
grant is on the City's website at: www.miamibeachfl.qov with an opportunity for public
comment. The budget for this project will be $62,874 and it is anticipated that the funding
may be used for the city's eligible technology needs.
Supplanting is prohibited under JAG; applicants cannot replace or supplant non-federal
funds that have been appropriated for the same purpose. However, a unit of local
government may use up to 10 percent of the award, including interest, for costs associated
with administering JAG funds.
The Administration requests approvalto submit a grant application to the US Department of
Justice, Edward Byrne Memorial Justice Assistance Grant (JAG) for FY 2015 funding in the
amount of $62,874. The Administration intends to use these funds for the continuation of its
Records lmprovements Program, to include but not limited to hand held tickeUcitation writers
and mobile finger print readers. This grant does not require matching funds.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve and authorize
the City Manager or his designee to submit a grant application to the US Department of
Justice for the Fiscal Year 2Q15 Edward Byrne Memorial Justice Assistance Grant (JAG)
Program for funding in the amount of $62,874 for criminaljustice programs that meet the
Department of Justice's criteria; approving and authorizing the appropriation of the above
grant; and further authorizing the City Manager, or his designee, to take all necessary steps
and to execute all necessary documents in connection with the aforestated grant, including,
without limitation, applications, grant and funding agreements, and audits.
JLM/JWJMH
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564
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY GOMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA APPROVING AND AUTHORIZTNG THE CITY
MANAGER, OR HIS DESIGNEE, TO SUBMIT A GRANT APPLICATION TO
THE U.S. DEPARTMENT OF JUSTICE FOR THE FISCAL YEAR 2015
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
PROGRAM, FOR FUNDING IN THE APPROXIMATE AMOUNT OF $62,874FOR POLICE DEPARTMENT PRIORITIES; APPROVTNG AND
AUTHORIZING THE APPROPRIATION OF THE ABOVE GRANT; AND
FURTHER AUTHORIZING THE CIry MANAGER, OR HIS DESIGNEE, TO
TAKE ALL NECESSARY STEPS AND TO EXECUTE DOCUMENTS IN
CONNECTION WITH THE AFORESTATED GRANT INCLUDING, WTTHOUT
LIMITATION, APPLICATIONS, GRANT AND FUNDING AGREEMENTS, AND
AUDITS.
WHEREAS, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42
U.S.C. 3751(a)) is the primary provider of federal criminal justice funding to state and local
jurisdictions. The JAG Program provides states and units of local governments with critical
funding necessary to support a range of program areas; and
WHEREAS, JAG funds may be used for state and local initiatives, technical assistance,
strategic planning, research and evaluation (including forensics), data collection, training,
personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice
information systems that will improve or enhance such areas as: law enforcement programs;
prosecution and court programs, including indigent defense; prevention and education
programs; corrections and community corrections programs; drug treatment and enforcement
programs; planning, evaluation, and technology improvement programs; crime victim and
witness programs (other than compensation); and
WHEREAS, the Department of Justice requires that, prior to application submission,
the applicant agency must make information on the JAG grant available to the governing body.
As such, the purpose of this Resolution is to make information regarding the Fiscal Year 2015
JAG application available to the public. ln addition to this Resolution, information regarding this
grant is on the City's website at: www.miamibeachfl.qov with an opportunity for public comment.
The budget for this project will be $62,874 and it is anticipated that the funding may be used for
the City's eligible technology needs; and
WHEREAS, supplanting is prohibited under JAG; applicants cannot replace or supplant
non-federal funds that have been appropriated for the same purpose. However, a unit of local
government may use up to 10 percent of the award, including interest, for costs associated with
administering JAG funds; and
WHEREAS, the City Administration requests approval to submit a grant application to
the U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Grant (JAG) for FY
2015 funding in the amount of $62,874. The City Administration intends to use these funds for
the continuation of its Records lmprovements Program including, but not limited to, hand held
tickeUcitation writers and mobile finger print readers; and
565
WHEREAS, this grant does not require matching funds and supports the key intended
outcome to insist on Police Department accountability and skilled managemenUleadership.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIry COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission approve and
authorize the City Manager, or his designee, to submit a grant application to the US Department
of Justice for the Fiscal Year 2015 Edward Byrne Memorial Justice Assistance Grant (JAG)
Program for funding in the amount of $62,874 for criminal justice programs that meet the
Department of Justice's criteria; approve and authorize the appropriation of the above grant;
and further authorize the City Manager, or his designee, to take all necessary steps and to
execute all necessary documents in connection with the aforestated grant, including, without
limitation, applications, grant and funding agreements, and audits.
PASSED and ADOPTED this day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
JLM/JWJMH
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION{,kfu--"4
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567
MIAMI BEACH
City of Miomi Beoch, I200 Convention Cenler Drive, Miomi Beoch, Florido 33 139, www.miomibeochfl.oov
Office of the City Attorney
RoulJ. Aguilo, City Attorney
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of the City Commission
City Manager Jimmy L. Morales
FRoM: Raul J. Aguila, City Attorne r7rLg, l-
Rafaet E. Granado, City Cterk / Z(
DATE: June 10,2015
SUBJECT: RESOLUTION ADOPTING CITY OF MIAMI BEACH'S REVISED PUBLIC
RECORDS/REQUEST POLICY AND REPEALING THE CITY'S 2OO5 PUBLIC
RECORDS POLICY.
ANALYSIS
Pursuant to the City Attorney and City Clerk's ongoing review of issues related to the City's
compliance with the Public Records Law (Florida Statute, Chapter 119), the existing City of
Miami Beach 2005 Public Records/Request Policy has been analyzed in order to ensure
conformity with relevant judicial and Florida Attorney General opinions issued since the City's
2005 Policy adoption. The suggested revisions, set forth in the attached "Revised City of Miami
Beach Public Records/Request Policy," primarily address updated issues concerning electronic
records as well as miscellaneous grammatical and format correction.
The City Attorney and City Clerk thus recommend the City Commission's consideration of the
attached Revised Public Records Policy for adoption, with corresponding repeal of the City's
2005 Public Records Policy.
Agenda ltem R--l F
Date k[O:lS568
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA ADOPTING THE CITY OF MIAMT BEACH'S
REVISED PUBLIC RECORDS/REQUEST POLICY AS THE CIffS OFFICIAL
PUBLIC RECORDS POLICY AND REPEALING THE CIry'S 2OO5 PUBLIC
RECORDS/REQUEST POLICY.
WHEREAS, consistent with the City of Miami Beach's long-standing commitment to
transparency in government, and for purposes of ensuring compliance with Florida's Public
Records Law (Florida Statutes, Chapter 1 19), in 2005 the City of Miami Beach formally adopted
its "Public Records/Request Policy", setting forth therein mandatory duties of City personnel
relative to the City's public records and corresponding rights of the public to disclosure thereof;
and
WHEREAS, the City Attorney and the City Clerk have reviewed the City's 2005 Policy in
order to ensure the City's compliance with recent judicial and Florida Attorney General opinions,
and in this regard have prepared the attached "Revised City of Miami Beach Public
Records/Req uest Policy" ;
WHEREAS, the City Attorney and the City Clerk recommend the City Commission's
adoption of the attached Revised Policy as more reflective of existing compliance with the
State's Public Records Law, and in this regard further recommend the City Commission's
corresponding repeal of the City's subject 2005 Public Records/Request Policy.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH that having considered the issue of revisions
to the City's general municipal policy governing public records, it hereby accepts the above
recommendation of the City Attorney and City Clerk and thus adopts the attached "City of Miami
Beach Revised Public Records/Request Policy", and further repeals the City's former policy
concerning same as reflected in the City's 2005 Public Records/Request Policy.
PASSED and ADOPTED this day of
ATTEST:
RAFAEL E. GRANADO
CITY CLERK
2015.
PHILIP LEVINE
MAYOR
APPROVED AS TO
FORM & LANGUAGEI FOR E)(ECUNON
ir\ |
569
REVISED CITY OF MIAMI BEACH
PUBLIC RECORDS/REQUEST POLICY'
"Every person who has custody of a public record shall permit the record to be inspected and
examined by any person desiring to do so, at any reasonable time, under reasonable conditions
and under supervision by the custodian of the public record or the custodian's designee."
Florida Statute, Chapter 1 1 9.07(1 )(a).
I. POLIGY:
A. General Provisions:
Public records shall be inspected and examined by any person desiring to do so, at any
reasonable time under reasonable conditions, and under departmental supervision.
It is the policy of the City of Miami Beach that all public records shall be open for
personal inspection by any person; Florida Statute, Chapter 119, Secfions 119.07 and 119.071
address exemptions to Public Records Access, which exemptions must be specifically noted
when claiming an exemption in response to a public records request.
ln addition to the statutory exemptions from public disclosure, records or portions of
records which are "private" or "personal" and which were not "made or received pursuant to law
or ordinance" nor "created or received in connection with official business" of the City are not
subject to disclosure. Sfafe of Florida v. City of Clearwater, 863 So. 2d 149 (F\a.2003), and
Media General Operation, lnc. v. Feeney,849 So.2d 3 (Fla. 1't DCA 2OO3), rev. den. 857 So.
2d 196 (Fla. 2003). Any "personal" or "exempt" information must be reviewed by the Department
Head (and in the event the "personal" or "exempt" information is that of the Department Head
said material must be reviewed by the City Manager's designee) in order to verify that said
material is not subject to public disclosure.
Public Records Requests must be responded to in a timely manner. The Florida
Supreme Court has stated that the only delay in producing records permitted under Florida
Statute Chapter 119 "is the limited reasonable time allowed the custodian to retrieve the record
and delete those portions of the record the custodian asserts are exempt."
Each City Department shall assign a "Records Custodian" and a backup "Records
Custodian" to interface with the Office of the City Clerk and coordinate the departmental
retrieval of Public Records. lf a departmental Records Custodian is not assigned it will be
assumed that the Department Director and Assistant Department Director will assume the role.
Requests received for Police information shall be fonruarded to the Police Department.
Requests received from any of the collective bargaining units shall be fonrvarded to the
Office of Labor Relations.
1 Revised as of June 10, 2015.
570
B. Electronic Records:
Electronic communications to or from municipal personnel are covered by the Public
Records law, just like communications on paper. Accordingly, e-mails, tweets, texts2, facebook3
messages, Blackberry Pins, SMS communications (text messaging), MMS communications
(multimedia content), and instant messaging sent or received by City personnel (regardless of
whether on a City or private computer/telephone) in connection with the transaction of official
business, are public records and must be disclosed upon request, subject to applicable statutory
exemptions.
City personnel are to fonnrard all Blackberry Pins, SMS, instant messages, texts, and
lM/text conversations made or received pursuant to law or ordinance or created or received in
connection with official business to a City workplace provided e-mail address, where they can
then be printed or retained in an electronic format within the City's records as an e-mail
reflecting transmittal of the subject electronic communication. City personnel are to comply with
this forwarding requirement within 24 hours receiving/sending said electronic communication.
Accordingly, electronic public records are subject to the statutory restrictions on retention
and destruction of public records. See, Florida Statute section 257.36(6), which specifically
requires that a public record may be destroyed or otherwise disposed of only in accordance with
retention schedules established by the [State] Division of Library and lnformation Services
(Division) of the Department of Statea.
ln light of the above, City personnel are encouraged to consult with the City Attorney if
they have any questions concerning appropriate compliance with this Policy and/or the
Sunshine and Public Records Laws.
' ln determining the applicable retention period, keep in mind that text messages created primarily to
communicate information of short-term value may fall under the "Transitory Messages" record
series. (City Department Record Custodians: See, GeneralRecords Schedule GS/-SL for State and Local
Government Agencies). The term "transitory" refers to short-term value based upon the content and
purpose of the message, not the format or technology used to transmit it. Accordingly, transitory
messages are those "created primarily to communicate information of short-term value" and that are "not
intended to formalize or perpetuate knowledge and do not set policy, establish guidelines or procedures,
certify a transaction, or become a receipt." Examples include interoffice communications such as meeting
reminders, announcements of office events, and copies of formal agency announcements. (See Generat
Records Schedule GS/-SL for State and Local Government Agencies, V., Electronic Records, Etectronic
Communication and Transitory Messages.) The retention requirement for transitory messages is "retain
until obsolete, superseded or administrative value is lost."
t Note: the Attorney General has specifically held that material on the City's facebook page is presumably
in connection with the transaction of official business and is thus subject to the Pubiic Records Law
(although in any given instance, the determination would have to be confirmed by the Office of the City
Attorney).
a The Department of State has recognized that retention periods for text messages and other electronic
messages or communications "are determined by the content, nature, and purpose of the records, and
are set based on their legal, fiscal, administrative, and historical values, regardless of the format in which
they reside or the method by which they are transmitted." ln other words, it is the content of the electronic
communication that determines how long it is retained, not the technology that is used to send the
message.
2571
!t.
A.
PROCEDURE:
General Provisions:
1. A requestor can make a public records request to any City of Miami Beach personnel
in writing, by telephone by email or in person.o E-mail:
To request a public record via e-mail, the requestor may send an email to
researchrequest@miamibeachfl.qov or they may complete a "Research Request"
form on the City web page at:
http://www. m iam ibeachfl. oov/citvclerUresearchreq uest. aspx
. Mai!:
To request public records by mail, the requestor may send the request to: City of
Miami Beach, Office of the City Clerk, Attention: Public Records Request, 1700
Convention Center Drive, 1't Floor, Miami Beach, FL 33139.
o Telephone:
To request public records via telephone, the requestor may call the Office of the
City Clerk at 305.673.7411. The requestor may also contact the applicable
Department directly.
. ln Person:
To request public records in person, the requestor may visit the Office of the City
Clerk, located at City of Miami Beach City Hall, 1700 Convention Center Drive,
1't Floor, Miami Beach, FL 33139. The requestor may also visit the applicable
Department.
2. The initial contact person shall forward the completed request form to the Office of
the City Clerk (with a copy of any written public records request) either electronically
to researchrequest@miamibeachfl.qov or in person. The transmittal of the completed
request form to the Office of the City Clerk is for tracking purposes only. The City
Department maintaining the requested records is responsible for responding to the
request.
3. Upon receipt of a public records request, the Office of the City Clerk will assign a
request number, and e-mailthe information to the specific City Department's "Record
Custodian." All future correspondence regarding the request should reference the
request number.
4. The Office of the City Clerk will maintain a log for all research requests with the
following information: date request made; requestor's name, telephone number, fax
number and email, item requested, name of person that the request is assigned to
and completed by, results of research, and status.
5. The Department's "Record Custodian" will notify the requestor of the estimated time
to process the request and related costs (see, lll "Cost Calculations" below) in
advance of the production of the requested records.
3572
. lt is important to make sure that the requestor is kept informed regarding the
status of the research request. The City is not permitted to require full payment in
advance of commencing production of records, but may request a deposit prior to
such commencement when dealing with records requests that involve "extensive
use of information technology resources or extensive clerical or supervisory
assistance by personnel of the agency involved, or both."
. Once the City has accumulated the records, the requestor must provide payment
in full before the City is required to produce the records. The City may also bill for
any shortfall between any deposit that has been paid by the requestor and the
actual cost of copying the public records when the copies have been made and
the requesting party subsequently advises that the records are no longer sought.
B. Miscellaneous Related Citv-Personnel Duties:
1. The City may refuse to produce additional records if the fees for a previous request
for records have not been paid by the requestor. See Lozman v. City of Riviera Beach,995 so.
2d 1027 (Fla. 4th DCA 2008). Should this situation arise, the Office of the City Attorney must be
consulted prior to the City Department's relaying such position to the requestor.
2. The City must provide a copy of the requested record in the medium requested if the
City maintains the record in that medium. The City is not required to furnish public records in a
format other than the standard format routinely maintained by the City. lf the City chooses to
provide records in a requested format that is different than the standard format used by it, the
requestor is responsible for the costs of converting or reformatting the information (in which
situation, the City Department handling the records request should prior to reformatting the
information, communicate with the requestor and obtain confirmation that he/she will assume
such additional reformatting fees and charges).
3. The Department "Record Custodian" will advise the Office of the City Clerk once the
request has been completed and the Office of the City Clerk will update the Request Log and
close the request.
III. COST GALCULATIONS:
A. Copies costs:
Copies to be charged if total is $1.00 or more:
o .15 cents per one-sided copy for duplicated copies of not more than 14 inches by 8 %
inches;. An additional .05 cents for each two-sided copy;o For all other copies, the actual cost of duplication of the public records;. $1 per copy for a certified copy of a public record;o Utilities, office expenses, travel time and storage retrieval fees for public records stored off-
premises must not be included.
4
u See, i.e., City of Miami Beach Resolution 2006-26361 (adopted and incorporated by reference herein).
573
B. Special Service Charqe (in addition to copv costs):
The City shall, pursuant to statutory authorization set forth below, charge a "special
service charge" for "extensive use of information technology resources or extensive clerical or
supervisory assistance by personnel of the agency involved, or both" pertaining to records
requests of 112 houro or more.
Pursuant to Florida State Statute 119.07: "lf the nature or volume of public records
requested to be inspected or copied pursuant to this subsection is such as to require
extensive use of information technology resources or extensive clerical or supervisory
assistance by personnel of the agency involved, or both, the agency may charge, in addition
to the actual cost of duplication, a special service charge, which shall be reasonable and
shall be based on the cost incurred for such extensive use of information technology
resources or the labor cost of the personnel providing the service that is actually incurred by
the agency or attributable to the agency for the clerical and supervisory assistance required,
or both".
For the purpose of public records requests made to the City of Miami Beach, the term
"extensive" shall be defined as labor of 112 hour or more which will be charged at the flat
rate of the employee's base salary and employee benefits (fringe benefits not included)
whose normal scope of duties include performing the function, even if an employee at a
higher pay level actually did the work. A higher rate may be charged for requests that
involve complex documents containing various exempt or confidential information-usually
this will involve documents that have to be reviewed by staff from the Office of the City
Attorney who possess the knowledge necessary to make decisions with respect to potential
exemptions, in which situation the cost assessment shall be calculated in consultation with
such personnel.
Questions regarding any portion of this policy should be directed to the Office of the City Clerk
at 305.673.7411 or the Office of the City Attorney at 305.673.7470.
Reviewed by:
Date:
Raul J. Aguila, City Clerk
Reviewed by:
Date:
Rafael E. Granado, City Clerk
Approved by:
Date:
Jimmy L. Morales, City Manager
T:\AGENOA\201s\June\City Clerk s Offi€\Public Remrds Policy\Public Records Policy - Revised June 1O 2015 version 2 b.doc
Revised: June 10,2015
u See, City of Miami Beach Resolution 2O1O-274}T
574
RESOLUTION NO.2006-26361
A RESOLUTION OF TIIE MAYOR AND CITY COMMISSION OF
TIIECITYoFMIAMIBEACH'FLoRIDA,AMENDINGCITYoF
MIAMI BEACII RESOLUTION NO. 2002-25075 WIIICH
ADoPTEDAFEESCHEDULEFoRCERTAIN
ADMINISTRATIVE SERVICES INCLTJDING POLICE
COURTESY FINGERPRINTING CARDS AND COSTS AND FEES
ASSOCIATED WITH REPRODUCING TIIE AI\NUAL BTJDGET
BOOIE COMPREIIENSIVE ANNUAL FINANCIAL REPORT' TIIB
CITY COMMISSION AGENDAS AI\D AGENDA PACKAGES OF
THECITYoFMIAMIBEACH,BYDELETINGOTHER
MISCELLAI\EOUS COPY COSTS PROVISIONS WHICH ARE'
OTHERWISE ADDRESSED IN THE CITY OF MIAMI BEACH'S
2005PUBLICRECoRDSREQUESTPOLICY'ASAMENDED.
WHEREAS, in City of Miami Beach Resolution No. 2002-25075, the following
administrative fees were established:
- Police courtesy finger print cards, each: $10'00
- Annual Budget Book: $25'00
- Comprehensive Annual Financial Report: $25'00
- City Agenda Package (with back-up material): $10'00
- Citi Agenda Package (one year subscription): $35'00
WHEREAS, the remaining provisions in City Resolution No. 2002-25075 are
repealed inasmuch as they address oltrer miscellaneous copy costs of City records, which
"ort, *" addressed more specifically within the attached City of Miami Beach's 2005
Public Records Request Policy, as amended.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
CITY COMMISSION OF TIIE CITY OF MIAMI BEACH, FLORIDA, thAt CitY Of
Miami Beach Resolution No. 2002-25075 is hereby amended to delete all references to
administrative fees and copy costs for public records other than Police Courtesy
Fingerprinting Cards, the Annual Budget Book, Comprehensive Annual Financial Report,
tUetity Conrlission Agendas and Agenda Packages, which fees and costs are reflected
hereinabove; all other copy costs and fees for public are hereby acknowledged
and addressed more specifically in the attached City
Records Request Policy, as amended.
PASSED and ADOPTED this l1th day
APPROVTD AS TO
FORn & IA|{GtJAOE
& FOR E,(ECI fiOhlF:\atto\OLLARESOS\Fee Schedule - JO.doc
Dermer
575
City of Miami Beach 2005
Public Records/Request PolicY
..Every person who has custody of a public record shall permit the record to be inspected and
"*u-i.r"d by any person desiring to do so, at any reasonable time, under reasonable conditions
and under superviiion by the custodian of the public record or the custodian's designee." Florida
Statute, Chapter 1 1 9.07(lXa)
Policy:
Public records shall be inspected and examined by any person desiring to do so, at any
reasonable time under reasonable conditions, and under departmental supervision.
It is the policy of the City of Miami Beach that all public records shall be open for personal
inspection by any person; Florida Statute, Chapter ll9, Sections 119.07 and 119.071 address
exemptions to Public Records Access, which exemptions must be speciftcally noted when
claiming an uemption in response to a public records request, Also uempt from public
disclosure are e-mails which are "private' or upersonal," as well as cell phone numbers
reflecting telephone conversations which are private or personal, and which were nol "made
or received pursuant to law or ordinance" nor "created or received 'in connection with olficial
business' of the City or 'in connection with the transaction of offtcial business' by the City.'
State of Florida v. City of Clearwater, 863 So. 2d 149 (Fla 2003), and Media General
Operaion, Inc. v. Feeney, 849 So. 2d 3 (Flu 1" DCA 2003), rev. den. 857 So. 2d 196 (Fla.
200s).
Any "personal" or "uempt" inlormation which has been placed into the separatefolders must
be verilied by your Department Head or by the City Manager's designee in the event the
"personal" ot "eJcempt" information is that of the Department Head - - this information will
not be released unless it is determined not to be "personsl" or "exempt.' However, all records
which are not perconal and/or not eJcempt are public records and must be provided to the
requesting party within a reasonable time.
Public Records Requests must be completed in a timely manner. The Florida Supreme Court has
stated that the only delay in producing records permitted under Florida Statute Chapter 119 "is
the limited reasonable time allowed the custodian to retrieve the record and delete those portions
of the record the custodian asserts are exempt."
Requests received for Police information shall be forwarded to the Police Department.
Requests received from any of the collective bargaining units shall be forwarded to the office of
Labor Relations.
Each City Department shall assign a "Records Custodian" and a backup "Records Custodian" to
interface with the City Clerk's office and coordinate the departmental retrieval of Public
Records. If a departmental Records Custodian is not assigned it will be assumed that the
Department Director and Assistant Department Director will assume the role.
576
Procedure:
l.It shall be the initial contact person's responsibility to ask the requestor of a public
records request to complete a "Research Requesf' form on the City web page
(http://www.miamibeachfl.gov/newcityAibrar.v/clerk-research.PDF.) If the requestor
refuses or fails to fully complete the form, the contact person shall complete the form.
The contact person shall forward the completed request form to the City Clerk's
office (with a copy of any written public records request) either electronically to
researchrequest@miamib eachfl . gov or in person.
The transmittal of the completed request form to the City Clerk's office is for tracking
purposes only. The departrnent maintaining the requested records is responsible for
responding to the request.
Upon receipt of the "Research Request" form the City Clerk's office will assign a
request number which will be written on the upper right hand comer of the request
form and e-mail the information to the specific deparhnent's "Record Custodian." All
future correspondence regarding the request should reference the request number.
The City Clerk's office will maintain a log for all research requests with the following
information: date request made; requestor's name, phone number, fax number and
email, item requested, name of person that the request is assigned to and completed
by, results of research, and status.
The department's "Record Custodian" will notify the requestor of the estimated time
to process the request and cost of the request. (cost calculations below)
o It is important to make sure that the requestor is kept informed regarding the
status ofthe research request.
. Depending on the estimated cost, a deposit may be requested for extensive
research requests.
5. The department "Record Custodian" will advise the City Clerk's office once the
request has been completed and the Clerk's office will update the Request Log and
close the request.
2.
J.
4.
577
Cost:
Copies to be charged if total is $1.00 or more:
a
a
a
a
.15 cents per one-sided copy for duplicated copies of not more than 14 inches by 8 %
inches;
An additional .05 cents for each two-sided copy;
For all other copies, the actual cost of duplication of the public record;
$l per copy for a certified copy of a public record;
Storage retrieval fees must not be included.
Labor to be charged for I hour or more:
Pursuant to State Statute 119.07
If the nature or volume of public records requested to be inspected or copied
pursuant to this subsection is such as to require extensive use of information
technology resources or extensive clerical or supervisory assistance by personnel
of the agency involved, or both, the agency may charge, in addition to the actual
cost of duplication, a special service charge, which shall be reasonable and shall
be based on the cost incurred for such extensive use of information technology
resources or the labor cost of the personnel providing the service that is actually
incurred by the agency or attributable to the agency for the clerical and
supervisory assistance required, or both.
For the purpose of public records requests made to the City of Miami Beach,
the term s6extensive" shall be defined as labor of t hour or more which will
be charged at the flat rate of the employee (fringe benelits not included)
whose normal scope of duties include performing the function.
Questions regarding any portion of this policy should be directed to the City Clerk's oflice at
(30s)673-74r1.
Reviewed by:Date:(as amended October, 2006)
City Clerk
Approved by:Date:(as amended October, 2006)
City Manager
F:\atto\OLIJ\Policy - Public Records and Request Policy.doc
578
OFFICE OF THE CITY ATTORNEY
A
JOSE SMITH
City Attorney
Telephone:
Fecsimile:
@W{,ZtomiWilil
COMMISSION MEMORANDUM
TO:DATE: October 71,2006
FROM: JOSE SMITH
CITY ATTORNE
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CITY OF MIAMI BEACH
RESOLUTION NO. 2002.25075 WHICH ADOPTED A F'EE SCHEDULE F'OR
CERTAIN ADMINISTRATIVE SERVICES INCLUDING POLICE COURTESY
FINGERPRINTING CARDS AND COSTS AND FEES ASSOCIATED WITH
REPRODUCING THE AI\I\ruAL BUDGET BOOK COMPREHENSIVE ANNUAL
FINANCIAL REPORT, THE CITY COMMISSION AGENDAS AF{D AGENDA
PACKAGES OF THE CITY OF MIAMI BEACH, BY DELETING OTHER
MISCELLANEOUS COPY COSTS PROVISIONS WHICH ARE OTHERWISE
ADDRESSED IN TIIE CITY OF MIAMI BEACH'S 2OO5 PUBLIC RECORDS
REQUEST POLICY, AS AMENDED.
The attached Resolution has been drafted as a housekeeping measure for purposes of clarifying the City's
public records policy. City of Miami Beach Resolution No. 2002-25075, which addresses copy costs of
certain public records is being amended inasmuch as said costs have been addressed more specifically
within the City's 2005 public records request policy, as amended and attached. The remaining provisions in
City Resolution No. 2002-25075 conceming the following administrative fees remain intact:
- Police courtesy finger print cards, each: $10.00
- Annual Budget Book: $25.00
- Comprehensive Annual Financial Report: $25.00
- City Agenda Package (with back-up material): $10.00
- City Agenda Package (one year subscription): $35.00
The attached Resolution is thus ready for City Commission review.
(30s) 673-7470
(30s) 673-7002
MAYOR DAVID DERMER
MEMBERS OF THE CITY COMMISSION
CITY MANAGERJORGE GO
JO/sc
F:\atto\OLI.I\CMEMO\Fee Schedule.doc Agenda
17fi) Convention Center Drive - tr'ourth Floor - Miami Beach,
Item cl R
D^te-/0- //4 b
579
;,i
,l't
i
RESOLUTION NO.
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE TIME FRAME
FROM ONE HOUR TO THIRTY (30) MTNUTES FOR THE TMpOStTtON
OF A SPECIAL SERVICE CHARGE, PURSUANT TO SECTION
119.07(4XD) OF THE FLORTDA STATUTES, FOR THE COSTS: INCURRED FOR THE EXTENSIVE USE OF INFORMATION
TECHNOLOGY RESOURCES, OR FOR THE LABOR GOSTS OF
EXTENSIVE CLERICAL OR SUPERVISORY ASSISTANCE BY
PERSONNEL OF THE CITY, OR BOTH, FOR PUBLIC RECORDS
REQUESTS.
WHEREAS, it is the policy of the State of Florida, pursuant to the public records
provisions in Chapter 119 of the Florida Statuteswhich are subjectto certain stated exceptions,
that state, county, and municipal records are open for personal inspection and copying by any
person; and
WHEREAS, Section 119.07(4Xd) of the Florida Statutes provides that if 'lhe nature or
volume of public records requested to be inspected or copied pursuant to this subsection is
such as to require extensive use of information teehnology resources or extensive clerical or
supervisory assistance by personnel of the agency involved, or both, the agency may charge, in
addition to the actual coSt'of duplication, a special service charge which shall be reasonable and
shall be based on the cost incurrbd foi such extensive use of information technology resources
or the labor cost of the personnel providing the service that is actually incurred by the agency or
attributable to the agency for the clerical and supervisory assistance required, or both"; and
. WHEREAS, in many other local governments in Miami-Dade and Broward Counties, the
extensive use of. information technology resources or clerical or supervisory assistance has
been defined as labor exceeding thirty (30) minutes after which a special service charge is
imposed for assistance in responding to public records requests, and
WHEREAS, in the City of Miami Beach it is reasonable to impose a special service
charge for the extensive use of information technology resources or the labor costs of clerical or
supervisory assistance with public records requests when such assistance exceeds thirty (30)
minutes.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the extensive use of
information technology resources or clerical or supervisory assistance for purpose of assisting
with responses to public records requests pursuant to Chapter 119 of the Florida Statutes, shall
be defined as labor that is provided in excess of thirty (30) minutes for which a special service
charge,.authorized by Section 1 19.07(4Xd) of the Florida Statutes, may be imposed by the City.
PASSED and ADOPTED this AO+U day of September,2OlO.
ATTEST:
V,l,*r{^d^^
MAYOR
ROBERT PARCHER, CITY CLERK
lt$-to
2010-27497
toRM & t
& FOR
F:\atto\TURN\RESOS\CIerical Assistancej for Public Records Requests.docx DAIE580
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The MayoiAnd City Commission Of The City Of Miami Beach, Florida, Rmending the tinre
Frame From One Hour To Thirty (30) Minutes For The lmposition Of Special Service Chgrges, Pursuant To
Section 1 19.079(D) Of The Florida Statutes, For The Costs lncurred For The Extensive Use Of lnformation
Technology Resources, Or For The Labor Costs Of Extensive Clerical Or Super:visory Assistance By
Personnel Of The City, Or Both, For Public Record
lssue:
Shall the City adopt this resolution to amend the existing Public Records Request
Item Summary/Recommendation:
The Florlda Stature allows authorization as follows: ... "lf the nature or volume of public records requested to
be inspected or copied is such as to require extensive use of information technology resources or extensive
clerical or supervisory assistance by personnel of the agency involved, or both, the agency may charge, in
addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be
based on the cost incurred for such extensive use of information technology resources or the labor cost of the
personnel providing the service that is actually incurred by thd agency or attributable to the agency for the
clerical and supervisory assistance required, or both."
Under the City of Miami Beach Public Records Request Policy, the term "extensivel'shall be defined as labor of
one (1) hour or more, which will be charged at the flat rate of the employee (fringe benefits not included) whose
normal scope of duties include performing the function.
lf this resolution is adopted; the definition of "extensive" shall be defined as labbr of half an hour (1/2 hour) or
more..
Financial lnformation :
Source of
Funds:
r*'li'46i"-*t*Ua**''1,#;,-,ffil.ffiffi I{&c.dU.ii"t#$-!?i*.i!i;;ij.::',;;,
:l
,;2,:.'.
3;
OBPI :TUtdit
Financial lmpact Summary:
Robert E. Parcher, City Clerk
AGENBA ITEM C1 A,or, 1-0.0-70g MIAMIBEACH
581
g MIAMIBEACH
Ciryi"f Miomi Beoch, 1700 Convention Center Dr,ive, Miomi Beoch, Florido .33'l39, www.miomibeochfl.gov
tI coMMrssroN MEMoRANDUM
I
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM:Jorge M. Gonzalez, City Manager
DATE: September 20, 2O1O
SUBJECT: A RESOTUTION OF THE MAYOR AND cITY coMMISsIoN oF THE cITY oF MIAMI
BEACH, FLORIDA, AMENDING THE T|ME FRAME FROM ONE HOUR TO THIRTY (30)
MINUTES FOR THE IMPOSITION OF SPECIALSERVICE CHARGES, PURSUANTTO
sEcIoN 119.079(D) OF THE FLORTDA STATUTES, FOR THE COSTS INGURRED
FOR THE EXTENSIVE USE OF INFORMATION TECHNOLOGY RESOURCES, OR
FOR THE LABOR COSTS OF EXTENSIVE CLERICAL OR SUPERVISORY
ASSISTANCE BY PERSONNEL OF THE CITY, OR BOTH, FOR PUBLTC RECORD
REQUESTS.
aDutrulsrRAnoru Recoutueruoarton
The Administration recommends that the City Commission approve the resolution.
BACKGROUND
The Florida Legislature recently debated Senate. Bill 1598, which required all elected and appointed public
officials to undergo education and training on the requirements of the Sunshine in Government Aci, and
provided that if the nature or volume of the public record requested to be inspected or copied required more
than 30 minutes of agency resources, the agency may charge a fee for the agency resources incurred, etc.
Staff costs may be charged only for a public-record request that requires more than 30 minutes of the staff
member's time to complete. Staff costs must be calculated based on the base hourly rate of the lowest paid
staff memberwho is capable of providing the requested public record, including the cost of any supervisory
assistance. Although the Bill died at committee, the 30-minute policy is justifiable for the City of Miami
Beach, due to the amount of public records requests processed throughout the departments.
The Florida Stature allows authorization as follows: .,. "lf the nature or volume of public records requested
to be inspected or copied is such as to require extensive use of information technology resources or
extensive clerical or supervisory assistance by personnel of the agency involved, or both, the agency may
charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and
shall be based on the cost incurred for such extensive use of information technology resources or the labor
cost of the personnel providing the service that is actually incurred by the agency or attributable to the
agency for the clerical and supervisory assistance required,ior both."
Under the City of Miami Beach Public Records Request Policy, the term "extensive" shall be defined as
labor of one (1) hour or more, which will be charged at the flat rate of the employee (fringe benefits not
included) whose normal scope of duties include performing the function.',
lf this resolution is adopted, the definition of "extensive" shall be defined as labor of half an hour (1/2 hour)
or more.
ANALYSTS
ffre CitV Clerk's Office has compiled a list of municipalities performing Public Records Requests and their
regarding "extensive" use of clerical or supervisory- assistance throughout Miami-Dade and Broward
Counties (see second page). lt has been estimated that the average "extensive" use of labor is assesSed
roughly after thirty (30) minutes.
582
Municipality "Extensive" Use of
Clerical/Supervisory Assistance
Policy
Coral Gables After 20 minutes Ordinance 2004-39
Fort Lauderdale N/A
Hialeah No time set
Hoinestead After 15 minutes
Miami After 20 minutes
MiamiShores After one hour
Miami-Dade Countv After 20 minutes Administrative Order 4-48
North Miami After 10 minutes First 35 paqes are free
Pembroke Pines After 30 minutes
Pinecrest N/A
South Miami After three or more hours No policv in place
Sunnv lsles After two hours
Sunrise After 30 minutes
icottct-usrott
;The Administration recommends approval of the resolution.
T:\AGENDAl2010\September 20\Public Records Reguest - Memo.doc
583
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution allocating $135,464 in SHIP funds for the rehabilitation of The Jefferson, a 28-unit
affordable housing building, and authorizing the execution of the of the SHIP agreement between the
and Miami Beach Commun ion for use of the funds
Item Summary/Recommendation :
AGENDA ITEM R1G
Supporting Data: Community Satisfaction Survey: N/A
The City is a recipient of State Housing lnitiatives Partnership (SHIP) Program funds. SHIP funds seek
to stimulate the production of affordable housing. The City's Local Housing Assistance Plan (LHAP)
establishes the strategies employed by the City to expend SHIP funds. Among these strategies is rental
housing development (acquisition and rehabilitation of multi-family affordable housing). The SHIP funds
available include $ 124,311 from FY 2013114 and $ 262,729|rom FY 2014115.
The City advised registered affordable housing properties in the City of the availability of SHIP funds for
the purpose of rehabilitation to ensure the retention of existing affordable units. SHIP funds invested in
a property are secured by a Restrictive Covenant that assure the property's ongoing use as affordable
housing for the duration of the affordability period, typically up to 30 years.
Miami Beach Community Development Corporation (MBCDC) approached the City regarding its
affordable housing property located at 542 Jefferson Avenue. The Jefferson is a 27-unit affordable
housing building serving elder residents. The building is in need of a roof replacement, the replacement
of an air conditioning unit, and the upgrade of the kitchens and bathrooms of the nine units located on
the third floor. Repair costs are estimated at $135,464.
The City has reviewed MBCDC's prior performance concerns and the agency's overall fiscal and
operational health. MBCDC has completed a 100 percent turnover of all staff that had been present
during the period of prior performance concerns and has agreed to strict performance timelines as a
condition of receiving rehabilitation funds. MBCDC would be required to complete the rehabilitation
project by September 30, 2015 and submit weekly progress reports. Reimbursement packages would
uire evidence of as well as staff inspections to verifv submissions.
Fi nancia! lnformation :
Financial lmpact Summary: N/A
$135,464SHIP Accou nt - 1 52.5721 .000349
Maria L. Ruiz, Department Director, Office of Housinq and Community Services, Extension 6491
Assistant City Manager City Manager
MIAMIBHACH DATE 6-10-tt584
MIAMIBEACH
City of Miomi Beoch, 1700 Conveniion Center Drive, Miomi Beoch, Florido 33139. www.miomibeochfl.gov
COMMI ION MEMORANDUM
Mayor Philip Levine and Member$ of the
Jimmy L. Morales, City Manager
DATE: June 10,2015
SUBJECT: A RESOLUTION OF THE MAYOR eruO CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING THE ALLOCATION OF STATE HOUSING INITIATIVES
PARTNERSHIP PROGRAM (SH!P) FUNDS FROM FY 2013-2014 rN THE AMOUNT OF
$43,508.85, AND $91,955.15 FROM FY 2014.15 FUNDS TO MIAMI BEACH
COMMUNITY DEVELOPMENT CORPORATION/MBCDG: THE JEFFERSON, lNC.
(MBCDC) FOR THE REHABIL|TATTON OF THIS AFFORDABLE HOUSING PROPERTY
LOCATED NT 542 JEFFERSON AVENUE; TO INCLUDE THE REPLACEMENT OF THE
ROOF AND UPGRADES TO THE NINE UNITS LOCATED ON THE THIRD FLOOR OF
THE PROPERTY; AND FURTHER AUTHORIZING THE MAYOR AND Clw CLERK TO
EXECUTE THE SHIP PROGRAM AGREEMENT BETWEEN MBCDC AND THE CITY.
ADMINISTRATION RECOMMENDATION
Approve the resolution.
BACKGROUND
The City is a recipient of State Housing lnitiatives Partnership (SHIP) Program funds. SHIP funds were
created via the William E. Sadowski Affordable Housing Act on July 7, 1992 as a means of stimulating
the production of affordable housing. Funds are derived from documentary stamp taxes on deeds and
then allocated to local governments.
SHIP funds have very specific expenditure rules including:o At least 75 percent of the funds made available to each municipality must be reserved for
construction, rehabilitation, or emergency repair of affordable, eligible housing.o At least 30 percent of the funds must be reserved to benefit very low-income households.r At least 65 percent of funds made available to each municipality must be reserved for home
ownership for eligible persons residing in very low- and low-income households.
Please note that the percentage thresholds are overlapping and equal greater than 100 percent.
The City is required to submit its Local Housing Assistance Plan (LHAP) to the State every three
years. The LHAP establishes the strategies employed by the City to properly expend SHIP funds. The
City's latest LHAP was amended by the City Commission via Resolution 2014-28824 and includes the
following expenditure strategies:. Housing rehabilitation of single family, owner-occupied housingo Disaster Mitigation Recovery (a strategy that allows the use of SHIP funds for home repair in
the event of a disaster declaration). New construction of home ownership opportunities
TO:
FROM:
585
City Commissioner Memorandum - SHIP Award to MBCDC for the Rehabilitation of The Jefferson
June 10,2015
3 pages
. Down payment and closing cost assistance with rehabilitation (providing first-time homebuyers
with cash assistance for acquisition and rehabilitation of acquired homes)
o Rental housing development (acquisition and rehabilitation of multi-family affordable housing)
The following SHIP funds available:
FY 2013t14 $ 124,311
FY 2014t15 $ 262.729
While the City has had relatively little or no SHIP funds for the past several years, the revitalized real
estate market appears to be trending upwards and the City expects to receive increasing allocations.
As a reminder, SHIP funds must be expended within two years of receipt. SHIP administration funds
are capped at three (3) percent of award. As a result, the City leverages other housing resources to
properly manage the program.
ANALYSIS
The SHIP program has very specific expenditure guidelines that have posed challenges in our
community. While our LHAP provides up to $60,000 in down payment and rehabilitation assistance to
first-time homebuyers, the SHIP program's threshold of expending 65 percent of funds on very low-
and low-income households has made it difficult to match eligible households with current market
units. While most qualified households are obtaining mortgage approvals valued at around $50,000,
the marketplace is asking in excess of $100,000 for studio units. Staff has been working with local
area mortgage companies, lenders and development corporations to leverage resources and serve the
prerequisite households seeking homeownership.
The City advised registered affordable housing properties in the City of the availability of SHIP funds
for the purpose of rehabilitation to ensure the retention of existing affordable units. SHIP funds may be
used for systems upgrades, Code and Building Department remediation, aging-in-place upgrades and
modernization so that affordable buildings may continue to house income-eligible households. SHIP
funds invested in a property are secured by a Restrictive Covenant that assure the property's ongoing
use as affordable housing for the duration of the affordability period, typically up to 30 years.
Miami Beach Community Development Corporation approached the City regarding its affordable
housing property located at 542 Jefferson Avenue. The Jefferson is a 27-unit affordable housing
building serving elder residents. The building is in need of a roof replacement (to address pooling and
trusses that are rotting), the replacement of an air conditioning unit (which has reached its life span
and is currently buckling under its weight), and the upgrade of the kitchens (which require counter and
cabinet replacement because of deterioration of the particle board material) and bathrooms (replace
the cabinets and sinks because of material deterioration) of the nine units located on the third floor.
When the roof is replaced, the electrical conduits will also need to be properly secured as this was a
finding of the property's 40-year certification. These repairs are estimated at $135,464, the amount of
SHIP funds being requested.
The City has reviewed MBCDC's prior performance concerns and the agency's overall fiscal and
operational health. MBCDC has completed a 100 percent turnover of all staff that had been present
during the period of prior performance concerns and has agreed to strict performance timelines as a
condition of receiving rehabilitation funds. MBCDC would be required to complete the rehabilitation
pro.lect by September 30, 2015 and submit weekly progress reports. Reimbursement packages would
require evidence of expenditure as well as staff inspections to verify submissions.
586
City Commissioner Memorandum - SHIP Award to MBCDC for the Rehabilitation of The Jefferson
June 10,2015
3 pages
CONCLUSION
While there have been previous concerns with MBCDC, City staff have evaluated the proposed
project, timeline and working conditions to ensure that the project is completed as planned. Current
affordable housing restrictions are expiring, or have already expired, which means the property could
become market-rate housing if not secured as affordable housing going fonruard. The rehabilitation of
the building will ensure its ongoing use as an affordable housing property for 30 years and will improve
the living conditions of its elderly tenants. As such, the project is recommended for funding.
JLM/KGB/MLR
T:\AGENDA\2015\June\HOUSING & COMMUNITY SERVICES/SHIP Award to MBCDC Memo
587
RESOLUTION TO BE SUBMITTED
588
THIS PAGE INTENTIONALLY LEFT BLANK
589
Revitalize Kev Neiohborhoods. startinq with North Beach and Ocean Drive
Supporting Data (Surveys, Environmental Scan, etc)
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And Commission Of The City Of Miami Beach, Florida Accepting The
Recommendations of The Neighborhood/Community Affairs Committee and The Sustainability And
Resiliency Committee. Adoptinq The Master Plan.
!ntended Outcome
AGENDA ITEM R] H
Item Summary/Recommendation :
'Blueways are a system of canals, rivers, waterways and lakes connected with a similar enviropmental
theme. With a grant in the amount of $40,000 from the Florida lnland Navigation District, and matching
general fund dollars, the City contracted with EDSA, a landscape architectural firm, to conduct a study and
develop a conceptual master plan. The objective was to create a five-year planning document to be used to
increase the interaction of residents and tourists with the waterways in and around the City of Miami Beach.
This master plan document would serve as a living document and would be revisited and built upon as
needed.
Through the use of the proposed master plan document, the City has identified opportunities to revitalize
existing waterfront public spaces and create inviting and interactive experiences along the water. This
document also emphasizes the need to expand pedestrian connectivity throughout, allowing everyone to
travelfrom land to water.
The study included a public input process which began with a kick-off meeting held on April 17,2014.
Following this meeting, two additional input workshops were held on June 3, 2014 and August 5, 2014.
During the workshops key issues and opportunities were discussed.
At the March 11, 2015 City Commission Meeting a discussion on the Blueways Master Plan was referred to
the Sustainability and Resiliency Committee (SRC) and to the Neighborhood/Community Affairs Committee
(NCAC) for further discussion and modifications.
Administration recommends the City Commission accept the recommendations of the NCAC at its March 20,
2015 and the SRC at its April 22,2015 meetino to the Bluewavs Master Plan.
Advisory Board Recommendation :
t March 20, 2015 NCAC meeting moved by acclamation to send this item to Commission with positive
ion for formal adoption of the master plan.
the March 25, 2015, the SRC discussed the Blueways Master Plan and recommended that the plan be
ated to include sustainability standards. At the April22,2015 SRC meeting, the Blueways Master Plan
the recommended sustainabilitv standards continued to Commission bv acclamation.
Financial Information:
Source of
Funds:
Amount Account
1 $0.00
2
OBPI Total
Financial lmpact Summary: None
Clerk's
Department Director AssiflQtt City Manager N City Manager
JR n (l-JMT V b JrM).t\
S\June\PARKS AND RECREATION\Adopt Blueways Master Plan - SUMMARY.
E MIAMIBEACH DATE590
g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
FROM: Jimmy L. Morales, City Manager
DATE: June 10,2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, I FLORIDA ACCEPTING THE
REGOMMENDATIONS OF THE NEIGHBORHOOD/COMMUNITY
AFFAIRS COMMITTEE AND THE SUSTAINABILITY AND
RESILIENCY COMMITTEE, ADOPTING THE BLUEWAYS MASTER
PLAN
BACKGROUND
Blueways are a system of canals, rivers, watenrvays and lakes connected with a similar
environmental theme. They connect people to the water at convenient locations allowing for
aquatic recreational opportunities and transportation by water within a community. With a
grant in the amount of $40,000 from the Florida lnland Navigation District, and matching
general fund dollars, the City contracted with EDSA, a landscape architectural firm, to conduct
a study and develop a Blueways Master Plan. The objective was to create a five-year planning
document to be used to increase the interaction of residents and tourists with the waterways in
and around the City of Miami Beach. This master plan document would serve as a living
document and would be revisited and built upon as needed. The goals were as follows:
. Create a sustainable and thriving environment;
. Revitalize waterfront public spaces;
. Connect people from land to water;
. lncrease interaction with the water; and
. Encourage healthy lifestyles
A kick-off meeting was held on April 17, 2014 with staff and the consultant, followed by two
public input workshops which were held on June 3, 2014 and August 5, 2014. Residents and,
business owners were encouraged to attend the meetings to share their ideas, desires, and
needs related to the City's wateruvays. During the workshops key issues and opportunities
were discussed. Attendees offered suggestions, posed what challenges they saw and what
desires they had related to connectivity with the waterways.
The most resonated suggestions and concepts were as follows:
. Access to the wateriaccessibility. lnclusion of the entire community in accessing the water. Wildlife - Natural habitats to be increased. Positive environmental impacts to be considered. Launch points needed
TO:
591
City Commission Memorandum - Adoption of the Blueways Master PIan
June 10,2015
Page 2 of 2
This valuable feedback was compiled by the consultant and used to shape the final product.
Through the use of the proposed master plan document, the City has a guide of identified
opportunities to revitalize existing waterfront public spaces and create interactive experiences
along the water. This document also emphasizes the need to expand pedestrian connectivity
throughout, allowing everyone to travel from the land to water. The proposed plan reflects the
combined efforts of the design consultant, City staff and public stakeholders, creating a
foundation which will serve as a guide moving fonrvard.
The plan's suggested improvements starts by addressing underutilized spaces and suggesting
"low-hanging fruit" and less expensive renovations such as landscape and site furnishings that
address the appearance and usefulness of the City's open spaces. This includes installation
of bike racks and trash/recycling receptacles. Additionally, the master plan suggests
enhancements for each identified locations throughout the City, standardizing designs within
comparable locations to help reduce costs by not needing completely new designs. Some of
these recommendations include kayak launches, boat docking facilities, mangrove habitats,
living shorelines, improved maintenance efforts and pedestrian and bicycle networks.
At the March 11,2015 City Commission Meeting a discussion on the Blueways Master Plan
was referred to the Sustainability and Resiliency Committee (SRC) and to the
Neighborhood/Community Affairs Committee (NCAC) for further discussion and
modifications.
At March 20,2015 NCAC meeting moved by acclamation to send this item to Commission
with positive recommendation for formal adoption of the master plan. At the March 25,2015,
the SRC discussed the Blueways Master Plan and recommended that the plan be updated
to include sustainability standards. At the April22,2015 SRC meeting, the Blueways Master
Plan, with the recommended sustainability standards, continued to Commission by
acclamation. (*Note:The bike racks in the plan represent the current standard; however, staff is
working on developing a new standard as wellas usrng custom bike racks where appropriate.)
CONCLUSION
The overall objective of the plan is to use the natural resources within the City in order to
connect people to the water at convenient locations, allowing for the enhancement of aquatic
recreational and water-based transportation opportunities within our community, as well as
providing additional opportunities for economic development.
The Administration recommends the City Commission accept the recommendations of the
NCAC at its Marcn 20,2015 meeting and the SRC at its April 22, 2015 meeting to formally
adopt the Blueways Master Plan, which is provided as an attachment. The proposed master
plan provides recommendations to be refined later into detailed site specific design documents.
il:,,.::r
T:\AGENDA\2015\June\PARKS AND RECREATION\Adopt Blueways Master Plan
MEMO.docx
592
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAM! BEACH, FLORIDA ACCEPTING THE
RECOMMENDATIONS OF THE NEIGHBORHOOD/COMMUNITY
AFFAIRS COMMITTEE AND THE SUSTAINABILITY AND
RESILIENCY COMMITTEE AND ADOPTING THE MAY 2015 CITY
OF MIAMI BEAGH BLUEWAYS MASTER PLAN.
WHEREAS, a blueways master plan will serve as a five year planning document to
increase interaction of residents and tourists with the watenuays in and around the City of Miami
Beach; and
WHEREAS, the City received matching grant funds, in the amount of $40,000, from the
Florida lnland Navigation District to fund a blueways master plan; and
WHEREAS, the City of Miami Beach ("City") retained EDSA, lnc., a landscape
architecturalfirm to perform a study and to develop a blueways master plan; and
WHEREAS, two public meetings were held on June 3, 2014 and August 5, 2014,
respectively, to solicit input from stakeholders and feedback was compiled and used to shape a
final blueways master plan; and
WHEREAS, at the March 11,2015 City Commission Meeting, a proposed blueways
master plan was referred to the Sustainability and Resiliency Committee (SRC) and to the
Neighborhood/Community Affairs Committee (NCAC) for further discussion and modifications;
and
WHEREAS, at the March 20,2015 NCAC meeting, the NCAC moved by acclamation to
send this item to the City Commission with a positive recommendation for the formal adoption of
the proposed blueways master plan; and
WHEREAS, at its March 25, 2015 meeting, the SRC discussed the proposed
blueways master plan and recommended that it be updated to include sustainability
standards; and
WHEREAS, at the April22,2015 SRC meeting, the proposed blueways master plan,
as revised with the recommended sustainability standards, was approved by the SRC and
sent to the City Commission by acclamation; and
WHEREAS, the final May 2015 City of Miami Beach Blueways Master Plan serves to
identify opportunities to revitalize existing waterfront public spaces to enhance recreational
aquatic activities and water-based transportation opportunities; and
WHEREAS, the Administration recommends that the City Commission accept the
recommendations of the NCAC at its Marcn 20,2015 meeting and the SRC at its April 22,2015
meeting and to formally adopt the May 2015 City of Miami Beach Blueways Master Plan.
593
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendations of the Neighborhood/Community Affairs
Committee and the Sustainability and Resiliency Committee and adopt the May 2015 City of
Miami Beach Blueways Master Plan.
PASSED and ADOPTED this _ day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
b"r$
Dolie
T:\AGENDA\201S\June\PARKS AND RECREATION\Adopt Blueways Master Plan - RESO.doc
594
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595
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The Mayor And City Clerk To Execute Change Order No. 3 To Southern Underground
lndustries, lnc., Dated May 26, 2015 (The Agreement); Said Change Order ln The Amount Of $417,309,
Plus A Project Contingency ln The Amount Of $41,731; For A Total Cost Of $459,040; For lnstallation Of
Additional Check Valves On Outfalls ln Various Locations Requiring Protection From Tidal Flooding
: lndian Creek Drive, From 26th Street To 41"tStreet.
Item Summary/Recommendation :
Pursuant to lnvitation to Bid (lTB) 2014-087-SR for the Citywide Tidal Flooding Mitigation Project, the City
Commission authorized an award for construction contract with Southern Underground lndustries in the
amount of $788,315, at its April 9, 2014 meeting.
At the August28,2014 meeting, the City Commission approved Amendment No. 1 to the Agreement, in the
amount of $661,980, plus a project contingency in the amount of $88,019.50, for a total cost of $750,000,
for additional scope of work including: engineering services, temporary pump station drainage structures,
the installation of drainage pipe, and check valves for existing outfalls citywide. At the February 12,2015
meeting, the City Commission approved Amendment No. 2 to the Agreement, in the amount of $180,000 to
extend the services citywide, plus a project contingency in the amount of $30,000, for a total cost of
$210,000.
Continuing with the initiative to protect residents from tidal flooding within the Cig of Miami Beach, the
Public Works Department is requesting an additional scope of work from Southern Underground lndustries,
lnc., (Southern Underground) for the installation of additional check valves on outfalls in various locations
requiring protection from tidal flooding including: lndian Creek Drive, from 26th Street to 41$ Street and trial
installation on 3 drainage wells around the City. Southern Underground lndustries, lnc. shall provide all
necessary labor and equipment for the installation.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTTON.
Board Recommendation:
Financial lnformation :
Source of I iFunds: I t ISt
.ru'fi-1 ffir ,F-
oBPl i Total l$a
Financial lmpact Summary:
429-2454-061357
Eric Carpenter, Public Works X6012
T:\AGENDA\2015Uune\PUBLIC WORKS\Citywide High Tide Mitigation Project Change Order No3. Summary.doc
AGENDA ITEM R?TE MIAMIBEACH DArE 6- lo-ts596
g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the Cit Com
Jimmy L. Morales, City Manager
429-2730-069357
429-2454-061357
431-2730-061357
DATE: June 10,2015
sUBrECr: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE CHANGE ORDER No. 3 TO SOUTHERN
UNDERGROUND INDUSTRIES, tNC., DATED MAy 26, 2015 (THE AGREEMENT);
SAID CHANGE ORDER IN THE AMOUNT OF $417,309, PLUS A PROJECT
CONTINGENCY lN THE AMOUNT OF $41,731; FOR A TOTAL COST OF $459,040;
FOR INSTALLATION OF ADDITIONAL CHECK VALVES ON OUTFALLS IN
VARIOUS LOCATIONS REQUIRING PROTECTION FROM TIDAL FLOODING
INCLUDING: INDIAN CREEK DRIVE, FROM 26TH STREET TO 41ST STREET.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution
TO:
FROM:
FUNDING
$180,962
$251,968
$ 26 110
$459,040 Total
BACKGROUND
Pursuant to lnvitation to Bid (lTB) 2014-087-SR for the Citywide Tidal Flooding Mitigation
Project, at its April 9,2014 meeting, the City Commission authorized an award for construction
contract with Southern Underground lndustries in the amount of $788,315.00.
At the August 28, 2014 meeting, the City Commission approved Amendment No. 1 to the
Agreement, in the amount of $661 ,980, plus a project contingency in the amount of $88,019.50,
for a total cost of $750,000, for additional scope of work including: engineering services,
temporary pump station drainage structures, the installation of drainage pipe, and check valves
for existing outfalls citywide. At the February 12,2015 meeting, the City Commission approved
Amendment No. 2 to the Agreement, in the amount of $180,000 to extend the services citywide,
plus a project contingency in the amount of $30,000, for a total cost of $210,000.
597
Commission Memorandum -Citywide Tidal Mitigation lmprovements - Change Order No. 1
Page 2 of 2
Continuing with the initiative to protect residents from tidal flooding within the City of Miami
Beach, the Public Works Department is requesting an additional scope of work from Southern
Underground lndustries, lnc., (Southern Underground) for the installation of additional check
valves on outfalls in various locations requiring protection from tidal flooding including: lndian
Creek Drive, from 26th Street to 41't Street and trial installation on 3 drainage wells around the
City. Southern Underground lndustries, lnc. shall provide all necessary labor and equipment for
the installation.
COST ANALYSIS
Southern Underground has submitted a cost proposal in the amount of $417,309
(ATTACHMENT) for the installation of additional check valves on outfalls in various locations
requiring protection from tidal flooding. A base project contingency of 10o/o in the amount of
$41,731 has been added, totaling a construction cost of $459,040.
This cost proposal has been submitted to the City's Public Works Department for further review
and recommendation. City staff reviewed the proposal and found that the amount was fair and
reasonable.
CONCLUSION
The Administration recommends adopting the Resolution
Attachments - Southern Underground lndustries. Cost Proposal dated 0512712015
JLM/Mr/ft/BAM/EA
T:\AGENDAV0lSUune\PUBLIC WORKS\Citywide High Tide Mitigation Project Change Order No 3 Memo.docx
598
/A sour*eRv
UNDER6ROUND
INDUSTRIES
May 27,2015
Mr. Eugene Egemba, P.E.
City of Miami Beach Public Works Department
1700 Convention Center Dr.
Miami Beach, FL 33139
Project: City Wide High Tide Mitigation Project
Re: Change Order #3 Proposal, Vertical Well Valve Trial on Meridian Ave,
Additional Backflow Valves on Belle Isle and Along Indian Creek Dr from 24 ST to 4l
ST
Mr. Egemba,
As per your request, Southern Underground Industries has reviewed the field conditions
and made some preliminary assessments of required scope of work in the following areas
and we have prepared the following proposal. Additional measures are necessary to protect
the following areas from Tidal Flooding conditions.
As per the attached breakdown, we propose that the following scope of work be added to
the City Wide High Tide Mitigation Project.
between 8th Street and 14th Street. As per our previous discussions it is
evident that tidal upflow from existing gravity drainage wells is contributing
to flooding conditions and we propose to reduce this added backflow by
installing a drainage backflow valve and grate in the vertical position on the
existing casings as per the attached detail.
investigation we found that there are 2 existing outfalls which are
contributing to the tidal flooding conditions on Belle Isle. These can be
resolved via installation of backflow valves. One location will require
installation of a structure within the easement to facilitate valve installation.
Street to 41 Street. Although more perrnanent solutions are in planning by
FDOT, we propose to install approximately l9 valves along the Indian
Creek outfalls to temporarily mitigate the tidal flooding conditions in this
area until a more permanent solution is reached.
3075 NW South tuver Drive, Miami, FL 33142 (954)650-4699 Page 1 of2
599
fA sourHeRv
UNDER6ROUNT)
INDUSTRIES
areas, additional funds are required to supplement backflow installation
efforts in several areas including Monad Terrace, 59 Street on East side of
Alton Road, and additional of top slab modification for 24" valve
installation on 48 ST.
Based on this scope of work and as per the attached detailed breakdown, Southern
Underground Industries proposes to complete this work for a lump sum price of
$417,308.83 and we would recommend that a l0olo contingency be added to this change
order for unforeseen changes which would require resolution, bringing the total proposal
amount to $459,093.71 and will need 3-4 weeks to procure the necessary materials to
begin work which should take approximately 30-45 days to complete. Feel free to call me
with any questions regarding this proposal. Thank you for the opportunity.
Sincerely,
Southern Underground
Vice President
Industries, Inc.
3075 NW South River Drive, Miami, FL 33142 (9s4)6s0-4699 Page2 of2
600
/dsourHeRvuNoca6RouflotNougTtraJCO#3 - Well Backflow Valves Test, Belle lsle & lndian Creek Bockflow Valves
City Wide High-Tide Mitigation Project, City of Miomi Beoch
Description ut UNIT UNIT PRICE TOTAT PRICE
SCOPE #3.a - 938 W 48 ST lMiami Heartl
F&l Top Slab w/ USF 667 (Remove from CO2 Scope)1.0 LS s 8.s00.00 S 8.s00.00
Subtotal s 8.500.00
SCOPE #3.b - Belle lsle - Farrey Lane - Valve & Structure
Mobilization 1.0 LS s 5.000.00 s s.000.00
MOT 1.0 LS s 500.00 S 500.00
Preliminary Field Measurements 1.0 EA s 700.00 s 700.00
15" lnline Check Valve (Material Onlv)1.0 EA S 5,564.00 s 5,564.00
15" lnline Check Valve (lnstallation Cost)10 EA S 4,000.00 s 4,000.00
F&l Precast Structure,48"dia. w/ USF 385 1.0 EA S 7.ooo.oo S 7.ooo.oo
Restoration 10 LS s 5,000.00 S 5,000.00
Subtotal 5 27,764.00
SCOPE #3.c - Belle lsle - West Side of Venetian Cswv
MOT 10 LS S 1,ooo.oo s 1.000.00
Preliminary Field Measurements 1.0 EA )700.00 S 7oo.oo
18" lnline Check Valve (Material Onlv)1.0 EA S 7,6so.so S 7,6so.so
18" lnline Check Valve (lnstallation Cost)1.0 EA s 6.700.50 S 6,7oo.so
Subtotal s 16,051.00
SCOPE #3.d - 59 ST and Alton Road (East Pioel
MOT LS s 500.00 S 500.00
Preliminary Field Measurements ,0 EA S 700.00 s 700.00
18" lnline Check Valve (Material Onlv),0 EA s 7.650.50 s 7.650.50
18" lnline Check Valve (lnstallation Cost).0 EA s 6.700.s0 s 6.700.s0
Subtotal s 15.551,00
SCOPE #3.e - Monad Terrace
MOT 1.0 LS s s00.00 s 500.00
Preliminarv Field Measurements 1.0 EA S 700.00 s 700.00
12" lnline Check Valve (Material Onlvl 1.0 EA s 2.9S0.00 s 2.9s0.00
12" lnline Check Valve (lnstallation Costl 1.0 EA s 4.63S.00 s 4.63s.00
subtotal s 8.78s.00
SCOPE #3.f - Backflow at 303 E San Marino
MOT 1.0 LS s so0.o0 S 500.00
Preliminarv Field Measurements 1.0 EA S 700.00 S 700.00
15" lnline Check Valve (Material onlvl 1.0 EA S s,s64.oo S s,s64.oo
15" lnline Check Valve (lnstallation Cost)1.0 EA S s,g2s.oo S s,g2s.oo
Subtotal s 12,689.00
SCOPE #3.C - Vertical Well Backflow Valves
Mobilization 30 LS S r,soo.oo S 4,500.00
MOT 3.0 LS S 1,2so.oo s 3,750.00
Preliminary Field Measurements 3.0 EA s 700.00 S 2.1oo.oo
24" lnline Check Valve w/ Cone Grate (Material)3.0 EA S 19,9so.oo s 59.850.00
24" lnline Check Valve (lnstallation Cost)3.0 EA S 9.500.00 s 28.s00.00
Cleaning of Structure 3.0 LS 1.200.00 S 3,600.00
Subtotal 102,300.00
SCOPE #3.h - lndian Creek Backflow Valves lAssumes No New Structuresl
MOT (for Lane Closure where needed)14.0 EA s 800.00 s 11.200.00
Preliminarv Field Measurements 19.0 EA s 700.00 s 13.300.00
rz ilrrrE !iltL^ vdrvc trurrrS[ g iltsLdilr, l!r/
29 ST-N, 30 ST-N, 31 ST, 32 ST, 34 ST, 35 ST, 38 ST-N,
38 ST-S, & 39 ST 9.0 EA s 7.585.00 s 68,265.00
1) rnilne LnecK varve lrurnrsn & rnslail, (E
24 ST. 2s ST, 26 ST. 29 ST-N. 41 ST 5.0 EA s 11.489.00 s s7.MS.OO
18" lnline Check Valve (Furnish & lnstall) @
27 ST, 28 ST, 30 ST-N, 36 ST (lnside Ll2full 27"1 4.0 EA s 14.350.50 s 57.402.OO
21" lnline Check Valve (Furnish & lnstall) @ 40 ST 1.0 EA s 18.0s6.83 s 18.055.83
Subtotal s 225.668.83
601
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602
RESOLUTION TO BE SUBMITTED
603
COMMISSION ITEM SUMMARY
lntended Outcome
Ensure Comprehensive Mobility Addressing All Modes Throughout The City
Supporting Data: As recently indicated in the 2014 City of Miami Beach Community Satisfaction Final Report, citywide
Traffic Flow, Parking Availability and Road Conditions have been rated as very poor and appear in a down trend.
Additionally, according to the same report, 49o/o of Miami Beach residents would be willing to use local bus circulators as an
alternate mode of
Item Su
On February 5,2014, the City launched the Alton-West Trolley service as a temporary traffic mitigation strategy and a
means of improving mobility and mitigating parking impacts along the Alton Road and West Avenue corridors in South
Beach as a result of the Florida Department of Transportation (FDOT) Alton Road reconstruction project. The temporary
certificate of transportation issued by Miami-Dade County authorjzes the City to operate the Alton-West Trolley service
within the limits of the FDOT Alton Road project and until completion of the project.
At the January 15, 2015 City Commission meeting, the City Commission approved a resolution authorizing the City
Manager to execute the sole 6-month term renewal option of the Agreement between the City and Limousines of South
Florida lnc., (LSF) to continue the provision of the Alton-West Trolley services through the final completion of the Alton
Road reconstruction project on July 31,2015.
Since the January 15 Commission meeting, FDOT has advised that the final completion date of the Alton Road
reconstruction project has been extended from July 31, 2015 to October 1, 2015, as a result of additional drainage
improvements being undertaken by FDOT as part of the project. Currently, the sole six (6) month renewal option of the
Agreement between the City and LSF for the Alton-West trolley service, approved by the City Commission on January 15,
2015, is in effect. This extension will expire on July 31,2015 and the agreement does not contemplate any additional
extensions.
Given that the Alton-West trolley service is a temporary service that has been approved by Miami- Dade County as a traffic
mitigation strategy to mitigate the impacts of the Alton-Road reconstruction project and given that FDOT has advised that
the completion date for the Alton Road reconstruction project has been extended beyond August 2015, the Administration
considers that an extension of operation of the existing Alton-West trolley on a month-to-month basis, should be granted to
ensure the mitigation of the impacts of roadway construction until the final completion of the roadway project. The
Administration will work with LSF to ensure that the extension of the Alton-West Trolley service, on a month-to-month basis,
if approved by Commission, continues to comply with all terms included in the existing trolley operating agreement. lt is
important to note that on average; approximately 1,000 passengers use the Alton-West trolley on a daily basis. This trolley
service has been crucial in helping residents and visitors access businesses and other destinations along the Alton Road
and West Avenue corridors during the Alton Road reconstruction project.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisorv Board Recommendation:
Financial lnformation:
Clerk's Office lative T
Authorizing the Execution of No. 1 to the Alton-West Trolley Agreement with of South Florida lnc. SUM
*GE}'ID* ITETI
OA?E
R1 T
6-10 4i
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The Mayor And City
Clerk To Execute Amendment No.1 To The Agreement Between The City And Limousines Of South Florida, lnc., For
Maintenance And Operations Of A City Of Miami Beach Trolley System For Municipal Circulator Services, For The Alton
West Trolley Service; Said Amendment Extending The Agreement, Upon Termination Of The Current Six Month Renewal
Term, Commencing On August 1,2015, On A Month-To-Month Basis, Until Such Time As The Alton Road Construction
iect ls Com
FY 2014115;106-9615-000349 Transportation Fund (Based on an
: N/A
Jose R.Ext. 6768
& MIAM;BTACI-{604
-*. -*r.'tr ...............,-.
l+::: r it15
f "' :i: -u,$i+\ i tt*:*jt*,'.t
OFFICE OF THE CIry MANAGER
MEMORANDUM
Mayor Philip Levine and Members of
FROM: Jimmy L. Morales, City Manager
DATE: June 10,2015
SUBJECT: A RESOLUTION OF THE MAYOR AhlD CITY COMMISSION OF THE clTY OF MIAMI
BEAGH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY AND LIMOUSINES
OF SOUTH FLORIDA, INC. FOR MAINTENANCE AND OPERATIONS OF A CITY OF
MIAM! BEACH TROLLEY SYSTEM FOR MUNICIPAL CIRCULATOR SERVICES, FOR
THE ALTON WEST TROLLEY SERVICE; SAID AMENDMENT EXTENDING THE
AGREEMENT, UPON TERMINATION OF THE CURRENT SIX MONTH RENEWAL
TERM, COMMENGING ON AUGUST 1,2015, ON A MONTH.TO.MONTH BASIS, UNTIL
SUGH TIME AS THE ALTON ROAD CONSTRUCTION PROJECT IS COMPLETED.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving this resolution in order to extend the operation of the
Alton-West trolley route upon termination of the current six (6) month renewal term in effect. The
month-to-month extension would begin on August 1,2015 and will terminate upon final completion
of the Alton Road construction project.
FUNDING
The Transportation Department has $125,000 of Resort Tax Quality of Life Transportation funds
in its FY 201412015 budget for continuation of these services through October 1,2015, based on
an anticipated October completion of the Alton Road reconstruction project.
BACKGROUND
On February 5,2014, the City launched the Alton-West trolley service as a temporary traffic
mitigation strategy and a means of improving mobility and mitigating parking impacts along the Alton
Road and West Avenue corridors in South Beach as a result of the Florida Department of
Transportation (FDOT) Alton Road Reconstruction Prolect. The temporary certificate of
transportation issued by Miami-Dade County authorizes the City to operate the Alton-West trolley
service within the limits of the FDOT Alton Road reconstruction project and until completion of the
project.
At the January 15,2015 City Commission meeting, the City Commission approved a resolution
authorizing the City Manager to execute the sole 6-month term renewal option of the Agreement
between the City and Limousines of South Florida lnc., (LSF) to continue the provision of the Alton-
West trolley services through the final completion of the Alton Road reconstruction project on July
31,2015.
Since the Januarv 15 Commission meetino. FDOT has advised that the final completion date of the
Alton Road reconstruction proiect has been extended bevond Auqust 2015 as a result of additional
drainaoe improvements beino undertaken bv FDOT as part of the proiect.
605
Commission Memorandum - Amendment No. 1 to the Alton-West Trolley Agreement with Limousines of South Florida
lnc. MEMO
June 10,2015
Page 2 of 2
ANALYSIS
Currently, the sole six (6) month renewal option of the Agreement between the City and LSF forthe
Alton-West trolley service, approved by the City Commission on January 15,2015, is in effect. This
extension will expire on July 31, 2015 and the agreement does not contemplate any additional
extensions.
Given that the Alton-West trolley service is a temporary service that has been approved by Miami-
Dade County as a traffic mitigation strategy to mitigate the impacts of the Alton-Road reconstruction
project and given that FDOT has advised that the completion date for the Alton Road reconstruction
project has been extended beyond August 2015, the Administration considers that an extension of
operation of the existing Alton-West trolley beyond August 2015, on a month-to-month basis, should
be granted to ensure the mitigation of the impacts of roadway construction until the final completion
of the roadway p@ect. The Administration will work with LSF to ensure that the extension of the
Alton-West trolley service, on a month-to-month basis, if approved by Commission, continues to
comply with all terms included in the existing trolley operating agreement.
It is important to note that on average; approximately 1,000 passengers use the Alton-West trolley
on a daily basis. This trolley service has been crucial in helping residents and visitors access
businesses and other destinations along the Alton Road and West Avenue corridors during the
Alton Road reconstruction project.
CONCLUSION
The Administration recommends that the Mayor and City Commission authorize the Mayor and City
Clerk to execute Amendment No. 1 to the Agreement between the City and LSF for maintenance
and operations of the Alton-West Trolley service; said Amendment extending the agreement, upon
termination of the current six (6) month renewal term, commencing on August 1,2015, on a month-
to-month basis, until such time as the Alton Road construction pro.lect is completed.
,fu ,tfr-
JLM/K6BIJRG/JFG
T:\AGENDA\2015\June\TRANSPORTATION\Amendment No1 to the Alton-West Trolley Agreement with Limousines of South Florida lnc. MEMO.doc
606
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND GITY CLERK TO
EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY
AND LIMOUSINES OF SOUTH FLORIDA, INC. FOR MAINTENANCE AND
OPERATIONS OF A CITY OF MIAMI BEACH TROLLEY SYSTEM FOR
MUNICIPAL CIRCULATOR SERVICES, FOR THE ALTON WEST TROLLEY
SERVICE; SAID AMENDMENT EXTENDING THE AGREEMENT, UPON
TERMINATION OF THE CURRENT SIX MONTH RENEWAL TERM,
COMMENCING ON AUGUST 1, 2015, ON A MONTH.TO.MONTH BASIS,
UNTIL SUCH TIME AS THE ALTON ROAD CONSTRUCTION PROJECT IS
COMPLETED.
WHEREAS, on February 5, 2014, the City launched the Alton-West trolley service as a
temporary traffic mitigation strategy and a means of improving mobility and mitigating parking
impacts along the Alton Road and West Avenue corridors in South Beach as a result of the
Florida Department of Transportation (FDOT) Alton Road reconstruction project; and
WHEREAS, the temporary certificate of transportation issued by Miami-Dade County
authorizes the City to operate the Alton-West trolley service within the limits of the FDOT Alton
Road project and until completion of the project; and
WHEREAS, the City Commission approved a resolution on January 15, 2015,
authorizing the City Manager to execute the sole 6-month term renewal option of the Agreement
between the City and Limousines of South Florida lnc., (LSF) to be in effect from January 31,
2015 to July 31, 2015; and
WHEREAS, FDOT has advised that the final completion date of the Alton Road
reconstruction project has been extended beyond August 2015 as a result of additional drainage
improvements being undertaken by FDOT as part of the Alton Road reconstruction project; and
WHEREAS, the Agreement between the City and LSF for the Alton-West trolley service
currently in effect does not contemplate any additional extensions beyond July 31, 2015; and
WHEREAS, in order to continue to provide the Alton-West trolley services until final
completion of the Alton Road reconstruction project, an Amendment to the Agreement between
the City and LSF is required to allow a month-to-month extension of the Alton-West trolley
service; and
WHEREAS, funding in the amount of $125,000 is budgeted in FY 2014115 budget to
cover the anticipated costs of Alton-West trolley operation from July 31 to September 30, 2015.
607
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
authorize the Mayor and City Clerk to execute Amendment no. 1 to the Agreement between the
City and Limousines of South Florida, lnc. for maintenance and operations of a City of Miami
Beach Trolley system for municipal circulator services, for the Alton West trolley service; said
Amendment extending the Agreement, upon termination of the current six-month renewal term,
commencing on August 1, 2015, on a month-to-month basis, until such time as the Alton Road
construction project is completed.
PASSED and ADOPTED this day of June, 2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION&-:erlCity Attorney - ---DE-
608
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609
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The MayorAnd City Commission Of The City Of Miami Beach, Florida, Accepting The Recommendation Of The
Neighborhood/Community Affairs Committee Regarding The Proposed Middle Beach Trolley Route And Service Plan; And
Authorizing The Mayor And City Clerk To Execute An lnterlocal Agreement With Miami-Dade County For Municipal Circulator
Services ln Middle Beach.
Key !ntended Outcome Supported:
Ensure Comprehensive Mobility Addressing All Modes Throughout The City
Supporting Data: As recently indicated in the 2014 City of Miami Beach Community Satisfaction Final Report, citywide Traffic
Flow, Parking Availability and Road Conditions have been rated as very poor and appear in a down trend. Additionally, according
to the same report, 49% of Miami Beach residents would be willing to use local bus circulators as an alternate mode of
Item Summarv/Recommendation:
Pursuant to the direction of the City Commission to develop a Middle Beach Trolley, the Transportation Department began to
evaluate the potential route alignments and service plans for the circulator service.
The proposed Middle Beach Trolley route takes into consideration high density corridors, location of local venues, employment
centers, parking facilities, commercial corridors and public facilities in order to serve major traffic generators and achieve the
highest impact on citywide mobility. There is a service need to connect high density residential areas along Collins Avenue (from
69 Street to Lincoln Road), the 41 Street commercial corridor, Mount Sinai Medical Center, Collins Park, City Hall, Miami Beach
Senior High School, and two Publix Supermarkets.
Given that providing the service as one continuous loop can take as long as two (2) hours of travel time per round trip, the
Administration is proposing two separate segments (loops), the Middle Beach Loop serving the 41't Street corridor south and the
Collins Link serving the area north of 41't Street. The Middle Beach Loop will connect Mount Sinai Medical Center to Lincoln
Road through 41't Street and Collins Avenue. The Collins Link will connect the Middle Beach Loop with the North Beach Loop
through Collins Avenue and lndian Creek Drive. The segregation of the alignment into two separate loops will improve the
reliability of the service. Both loops provide connection to various park-and-ride facilities including the 17th Street Garage, the City
Hall Garage ,lhe 42nd Street Garage and the 46th Street surface lot. Transfers between loops will be coordinated to ensure a
seamless connection.
The service is proposed to operate from 6:00 AM to 1 2:00 AM Monday through Saturday and 8:00 AM to 12:00 AM on Sundays in
order to satisfy the transportation demand of daily commuters and users of the public facilities. The frequency of service is
proposed to be consistent with the North Beach Trolley Loop (i.e., 10-15 minute headways between vehicles). A total of five (5)
vehicles will be assigned to the Collins Link and six (6) to the Middle Beach Loop, with three (3) spares for the overall route.
While MDT has expressed its support for municioal transit services. Countv staff has exoressed some concerns reqardinq
potential duplication of prooosed routes with existino bus routes oarticularlv the Collins Link. MDT has advised that on-board
survevs will be conducted within Miami Beach to ensure that the Collins Link does not duolicate or adverselv impact existinq MDT
routes. lnterlocal Aqreements with the Countv are required orior to commencement of municipal circulator services. The
Administration will be pursuinq individual lnterlocal Aqreements for the Middle Beach Looo and subsequently the Collins Link in
order to expedite the Countv's approval process as much as possible.
Once the County and City execute the lnterlocal Agreements for each route, the Administration will negotiate a contract
amendment with the City's trolley operator, Limousines of South Florida, lnc. (LSF), for the additional services related to the
Middle Beach Trolley. The Administration anticipates bringing the contract amendment to include the Middle Beach Loop service
to City Commission for approval in September 2015.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation: The Neighborhood/Community Affairs Committee passed a motion recommending the
approval of the proposed Middle Beach Trolley route and service plan at the May 29,2015 meeting.
Financial lnformation:
Source of
Funds:
Amount Account
@ Middle Beach
Loon $2,900,000 FY2015116 Transportation Fund; Subject to future budget
appropriations.
Collins Link $2,400,000 FY2015116 Transportation Fund; Subject to future budget
aoorooriations.
Total $5,300,000 FY2015116 Transportation Fund; Subject to future budget
appropriations.
Financial lmoact Summarv: N/A
Jose R.Ext. 6768
# AA;AAAIBHACH 610
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OFFICE OF THE C Y MANAGER
C ISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Members ofllthe City
Jimmy L. Morales, City Manager
June 10,2015June 10,2015 \l { 'l
\l
A RESOLUTTON OF THE MAyOn e\O CrTy COMMTSSTON OF THE CrTy OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE REGARDING THE
PROPOSED MIDDLE BEACH TROLLEY ROUTE AND SERVIGE PLAN; AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY FOR MUNICIPAL
GIRCULATOR SERVICES IN MIDDLE BEACH.
The Neighborhood/Community Affairs Committee (NCAC) passed a motion recommending the
approval of the proposed Middle Beach Trolley route and seruice plan at the May 29, 201 5 meeting.
BACKGROUND
On October 22,2014, the City Commission made a motion directing the Administration to proceed
with planning and developing a Middle Beach Trolley route and service plan as part of a city,vide
interconnected trolley system.
On February 2,2015, the Transportation Department presented a proposed Middle Beach Trolley
route and service plan to the Transportation, Parking and Bicycle-Pedestrian Facilities Committee
(TPBPFC) for inpuUfeedback.
On February 24,2015, the Transportation Department held a public workshop at the Miami Beach
Golf Course to present a proposed trolley route and service plan to the community and obtain
additional feedback. Approximately fifteen (15) residents attended the public meeting and an
additional twenty three (23) residents submitted feedback via email. The vast majority of residents
who provided feedback supported the proposed route.
On April 6, 2015, the Transportation Department presented a revised Middle Beach Trolley
alignment to the TBPFC. The proposed Middle Beach Trolley Route incorporates the feedback
provided by the committee at its February and April meetings.
On April 15,2015 the City Commission referred the Middle Beach Trolley to the NCAC for a
recommendation.
On April 21, 2015 the Administration presented the proposed Middle Beach Trolley route and
service plan to the NCAC. At the meeting, some members of the Commission requested to have
individual briefings for further clarification and that the Administration bring the item back to the
NCAC once these briefings had taken place.
611
Commission Memo - Resolution Accepting the Recommendation of the NCAC Regarding the Proposed Route Alignment
and Service Plan for the Middle Beach Trolley
June 10, 201 5
Page 2 of 4
As stated above, this item was discussed at the May 29,2015 NCAC meeting. At the meeting, the
Committee passed a motion recommending the approval of the proposed Middle Beach Trolley
route and service plan.
COST AND FUNDING
The estimated total annual operating cost of the proposed Middle Beach Trolley service is
approximately $5.3 million. This amount includes an anticipated annual cost of $2.9 million for the
Middle Beach Loop and $2.4 million for the Collins Link. The total $5.3 million will be provided from
the Resort Tax Quality of Life Transportation fund subject to FY2015/16 budget appropriations.
The Administration is currently identifying additionalfunding and resources needed to develop and
implement a citpride interconnected trolley system as part of the Fiscal Year (FY) 2015116 budget
process. The proposed citywide system would consist of trolley routes in North, Mid, and South
Beach, including the existing North Beach Loop, the proposed Middle Beach Loop, a Collins Link,
and a South Beach Loop that would complement the current South Beach Local service. The total
funding for this comprehensive trolley system, including the cost of the existing South Beach Local
service funded by the City (one third of the total cost of operation and maintenance), is estimated at
$1 1.8 million annually (see table below). Funding is proposed to be augmented by approximately
$2.4 million of People's Transportation Plan (PTP) funds from Miami-Dade County currently
allocated to capital projects and an increase of the contribution from the Parking surplus funds from
$1.3 million to approximately $3.0 million.
$i [ ")Hil;il"Etji;=i}$[Htitui""
=*
il =*l lGiiiiiHi,'-=l' ri
# "# * $1,800,000
$2,900,000
," ,* *^.-ffir,900,000
$2,400,000:i _t" $1,400;ooo' - " !
$4oo,ooo
r',iili$siflg-.0,OG€
$3,600,000
$3,000,000' tr'
$11,800,000
The citywide interconnected trolley system can be considered as part of the FY 2015116 budget
process orapproved during the FY 2014115 fiscalyearwith currentfunding. However, given the lead
time necessary for the manufacturing and delivery of new low-floor trolley vehicles, funding for the
operation of the new service would not be needed until FY 2015116.
ANALYSIS
Pursuant to the direction of the City Commission to develop a Middle Beach Trolley, the
Transportation Department began to evaluate the potentialroute alignments and service plans for
the circulator service.
612
Commission Memo - Resolution Accepting the Recommendation of the NCAC Regarding the Proposed Route Alignment
and Service Plan for the Middle Beach Trolley
June 10,2015
Page 3 of 4
ln addition to providing a connection between existing North Beach and South Beach circulators, the
proposed route takes into consideration high densitycorridors, location of localvenues, employment
centers, parking facilities, commercial corridors and public facilities in order to serve major traffic
generators and achieve the highest impact on citywide mobility. There is a service need to connect
high density residentialareas along Collins Avenue (from 69 Street to Lincoln Road), the 41 Street
commercial corridor, Mount Sinai Medical Center, Collins Park, City Hall, Miami Beach Senior High
School, and two Publix Supermarkets.
Given that providing this service as one continuous loop can take as long as two (2) hours of travel
time per round trip, the Administration is proposing two separate segments (loops): the Middle
Beach Loop serving the 41't Street corridor south and the Collins Link serving the area north of 41't
Street. The Middle Beach Loop will connect Mount Sinai Medical Center to Lincoln Road through
41't Street and Collins Avenue. The Collins Link will connect the Middle Beach Loop with the North
Beach Loop through Collins Avenue and lndian Creek Drive. The segregation of the alignment into
two separate loops will improve the reliability of the service. Both loops provide connection to
various park-and-ride facilities including the 17th Street Garage, the City Hall Garage ,the 42nd Street
Garage and the 46th Street surface lot. Transfers between loops will be coordinated to ensure a
seamless connection.
The service is proposed to operate from 6:00 AM to 12:00 AM Monday through Saturday and 8:00
AM to 12:00 AM on Sundays in order to satisfy the transportation demand of daily commuters and
users of the public facilities. The frequency of service is proposed to be consistent with the North
Beach Trolley Loop (i.e., 10-15 minute headways between vehicles). A total of five (5) vehicles will
be assigned to the Collins Link and six (6) to the Middle Beach Loop, with three (3) spares for the
overall route.
The Transportation Department sought feedback from the community at a publicly advertised
workshop on February 24,2015. At the workshop, the majority of residents were in support of the
proposed route alignment with the exception of a few residents who requested that the alignment be
extended to Alton Road. At the workshop, the Transportation Department noted that the highest
impact to mobility would result from providing a transportation alternative to the highest number of
residents, therefore attracting as many choice riders as possible. Additionally, staff has been
working with Miami-Dade Transit (MDT) staff to ensure that the County's Route 1151117 (Mid-North
Beach Connection), expected to be restructured in 2016, can provide a more efficient north-south
connection via the Alton Road corridor.
ln addition to the public workshop, the Transportation Department also sought guidance from the
TBPFC at two separate meetings. The route alignment attached to this memorandum incorporates
all comments received from this advisory board. One of the main comments from the TBPFC was
that the Middle Beach Trolley must provide a connection to a major supermarket. lt is important to
note that the 69th Street Publix Supermarket is one of the most highly-used stops by North Beach
Trolley users. However. extendinq the proposed Middle Beach Loop route to the Publix at Dade
Boulevard mav result in an increase in annual operating cost of approximatelv $500,000 (due to an
additional vehicle required to meet 10-15 minute headwavs) or an increase in headwavs of 5
minutes (to 20 minutes) if no additional vehicles are used.
The Transportation Department has also met several times with MDT staff in order to ensure that
the proposed Middle Beach Loop and Collins Link service does not duplicate current county bus
service and serves as a complementary feeder service. The proposed loops will increase transit
capacity along the Collins Avenue corridor and increase the frequency of service for residents in
need of a connection between Collins Avenue and Mount Sinai Medical Center. This direct
613
Commission Memo - Resolution Accepting the Recommendation of the NCAC Regarding the Proposed Route Alignment
and Service Plan for the Middle Beach Trolley
June 10, 201 5
Page 4 of 4
connection is not currently provided by the County bus service and has been repeatedly requested
by residents.
TI M ELI N E FOR I MP LEME NTATI ON
On April 15,2015, the City Commission passed a motion directing the Administration to use Low-
Floor Trolley vehicles for the provision of present and future trolley service. The manufacturing lead
time of this type of vehicle can be up to nine (9) months.
While MDT has expressed its support for municipal transit services, County staff has expressed
some concerns regarding potential duplication of proposed routes with existing bus routes,
particularly the Collins Link. MDT has advised that on-board surveys will be conducted within Miami
Beach to ensure that the Collins Link does not duplicate or adversely impact existing MDT routes.
lnterlocal Agreements with the County are required prior to commencement of municipal circulator
services. The Administration will be pursuing individual lnterlocalAgreements forthe Middle Beach
Loop and subsequent Collins Link in order to expedite the County's approval process as much as
possible.
Once each route's lnterlocal Agreement is executed by the City Commission and the Miami-Dade
County Board of County Commissioners (BCC), the Administration will negotiate a contract
amendment with the City's trolley operator, Limousines of South Florida, lnc. (LSF), for the
additionalservices related to the Middle Beach Trolley. The Administration anticipates bringing the
contract amendment to City Commission for approval in September 2015. Given the lead time
required to manufacture and deliver the fleet of new low-floor trolley vehicles, the Middle Beach
Loop is anticipated to begin service in spring 2016.
RECOMMENDATION
The implementation of the Middle Beach Trolley route is anticipated to have a significant impact on
citywide mobility by enhancing/expanding the citywide circulator network. The provision of the
circulator services along the proposed route alignment is anticipated to have the highest impact on
ridership by promoting convenient and reliable public transportation service.
The Administration recommends adopting a Resolution of the Mayor and City Commission of the
City of Miami Beach, Florida, accepting the recommendation of the NeighborhoodiCommunity
Affairs Committee regarding the proposed Middle Beach Trolley route and service plan; and
authorizing the Mayor and City Clerk to execute an lnterlocal Agreement with Miami-Dade County
for municipal circulator services in Middle Beach.
Sttachment: Proposed Middle Beach Trolley Route
h>F!6Pb
KGB/JRG/JFG
T:\AGENDA\2015\June\TRANSPORTATION\Resolution Accepting the Recommendation of the NCAC Regarding the Proposed
Route Alignment and Service Plan for the Middle Beach Trolley MEMO.doc
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COLLINS LINK:
Frequency - 10-15 Minutes
Number of Vehicles - 5
9t I - VUU| tLtI UtU(
Lenght - 6 Miles
Cost - 2.4M
MIDDLE BEACH LOOP:
Frequency - 10-15 Minutes
Number of Vehicles - 6
Direction -
Lenght - 8 Miles
Cost - 2.9M
Proposed Middle Beach Loop (Phase
Proposed Collins Link (Phase ll)
Potential Connection to Publix
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615
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE REGARDING THE
PROPOSED MIDDLE BEACH TROLLEY ROUTE AND SERVICE PLAN; AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
INTERLOCAL AGREEMENT WITH MIAMI.DADE COUNTY FOR MUNICIPAL
CIRCULATOR SERVICES IN MIDDLE BEACH.
WHEREAS, on October 22, 2014, the City Commission made a motion directing the
Administration to proceed with planning and developing a Middle Beach Trolley route and
service plan as part of a citywide interconnected trolley system; and
WHEREAS on April 15,2015, the City Commission referred the Middle Beach Trolley to
the Neighborhood/Community Affairs Committee (NCAC) for a recommendation; and
WHEREAS, on May 29,2015, the NCAC passed a motion recommending the approval
of the proposed Middle Beach Trolley route and service plan; and
WHEREAS, the proposed service route will be comprised of two loops (the Middle
Beach Loop and the Collins Link) in order to improve the overall service in Middle Beach ; and
WHEREAS, the Middle Beach Loop will connect Mount Sinai Medical Center to Lincoln
Road through 41"1 Street and Collins Avenue and the Collins Link will connect the proposed
Middle Beach Loop with the existing North Beach Loop through Collins Avenue and lndian
Creek Drive; and
WHEREAS, the service is proposed to operate from 6:00 AM to 12:00 AM Monday
through Saturday and 8:00 AM to 12:00 AM on Sundays with a frequency of service of 10-15
minutes between vehicles; and
WHEREAS, the total estimated annual operating cost of the proposed Middle Beach
Trolley will be approximately $5.3 million (including $2.9 million for the Middle Beach Loop and
$2.4 million for the Collins Link); and
WHEREAS, funding will be provided from the Resort Tax Quality of Life Transportation
fund subject to future budget appropriations; and
WHEREAS, an lnterlocal Agreement with Miami-Dade County is required prior to
commencement of municipal circulator services; and
WHEREAS, the Administration will be pursuing individual lnterlocal Agreements for the
Middle Beach Loop and subsequent Collins Link in order to expedite Miami-Dade County's
approval process as much as possible.
616
NOW, THEREFORE, BE !T RESOLVED BY THE MAYOR AND GITY COMMISSION
OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City Commission hereby
accept the recommendation of the Neighborhood/Community Affairs Committee regarding the
proposed Middle Beach Trolley route and service plan; and authorize the Mayor and City Clerk
to execute lnterlocal Agreements for the Middle Beach Loop and the Collins Link with Miami-
Dade County for municipal circulator services in Middle Beach.
PASSED and ADOPTED this dayofJune,2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & I.ANGUAGE
I ulr(,J
Dote
617
COMMISSION ITEM SUMMARY
Condensed Title:
"A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Adopting the
Amendment to the City Budget for Fiscal Year 2014/15"
Key Intended Outcome Supported:
Ensure proper preparation of the city's 4-year-old population for Kindergarten.
Item Summary and Recommendation
'fhis item is a product of a previously approved and signed Resolution #2015-28997, and simply
approves available frrnding of the first piece of the policy. There are currently fiAy-five (55)
children/families seeking VPK through the administration of the Miami-Dade Public School System.
Due to turavailability of Title I f'unding to supplement State of Florida VPK funding, these families did
not win the "lottery," making them boxed out of the programs provided.
In way of background, the Miami-Dade School District is not a funding source for pre-K, as it simply
acts as a provider as would a private provider. To make clear what this means, $2400.00 is available,
via State funding, to every 4-year-old that wishes to participate in VPK. A qualified VPK provider, be
it public or private, does not need to utilize certified educators and minimum requirements provide for
only three (3) hours of care/leaming. MDPS VPK program is much more robust, providing I full-time
certified preschool teacher and I paraprofessional for a full day class of twenty (20) students.
As MDPS has made efforts to go well beyond the basic 3-hour, uncertified VPK "funded" by the State
of Florida, it's program costs far exceed the $2400 per-student State allocation- 'Ihe several thousand
dollar per-student shortfall is made up county-wide solely fiom available Title-l hrnding, which is
insufficient for the demand in Miami Beach. In order to ensure MDPS VPK availability for the 55
families discussed, a frst-year funding allocation of $253,000.00 is needed, with the following two
years requiring $189,042.00 each. There would oniy be a 3-year commitment, as */- changes to the
State model could impact future allocations. Furthermore, three years is an adequate period to then
reassess demand and determine political will. The chart below outlines the costs with specificity:
Cost of I classroom 20:2 ratio
yr I costs recurring
F/T teacher
F/l paraprofessional
classroorn materials
teacher supplies
indirect costs (utilities and
administrative cost)
Startup
FFE
Curriculum materials
Cornputers & peripheral
Total
reimbursed by:
estirnated state funds
Funding Sourcc
76259
44920
5000
2500
5415
76259
44924
5000
2500
54t5
t34,O94
20,000
7,000
5,000
134p94
0
0
0
32,000
166,094
39573
0
t34094
39573
Agenda'item R1 L
126521 9452L
Date _b/)-:lf618
As the City previously entered into its Education Compact (1/16/08) to support and fund the feeder
pattern's participation in the International Baccalaureate, a funding source was created via the Waste
Hauler contracts, which have gone from 2 vendors to 3. '[he City maintains a static savings as a result
of this project currently of $432,424.00 (after annual IB payments). In order to not affect the generai
fi.rnd nor the contingency fund (currently at $214,000.00), the first-year frrnding source would be solely
the waste haulers (non tax dollar) account.
619
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF' MIAMI BEACTI, FLORIDA, ADOPTING THE AMENDMENT TO THE
BUDGETFOR FISCAL YEAR 2OI4II5.
WIIEREAS, the expenditure pursuant to the Education Compact for F'Y 20141L5 was adopted
via Resolution in 20L4; and
WIIEREAS, the proposed amendment to the FY 2014/15 Budget are included in "Commission
Item Summary"; and
WIIEREAS, it is recommended the FY 2014115 Budget be amended to add appropriations
totaling $253,000.00, payable as directed by the adrninistrators of the MDPS VPK program and firther
detailed in the attached Commission Memorandum.
NOW,'THEREFORE, BE rr RESOLVED BY THE MAYOR AND CITY COWrmrSStOrrq
OF THE CI'IY OF MIAMI BEACll, that the Mayor and City Commission hcreby adopt the
Amendment to the Budget for Fiscal Year 2}l4ll5 as outlined in this Resolution and hereby amends
the Education Compact accordingly.
PASSED AND ADOPTED this 10th day of June,2015.
PHILIP LEVINE, MAYOR
RAPHAEL GRANADO, CLERK
620
RESOLUTTON NO.. 2015-28997
A RESoLUTToN oF THE MAyoR arub cry bomnrrrbsroN oF THEcrY oF tt/ltAMr BEACH, FLORTOA COLLABORATE TO
DEVEIOP AN . ENHANCED PARTNERSHIP WITH THE
MIAMI-DADE COUNTY SCHOOL BOARD (SCHOOL
BOARDI AND TO AMEND THE ctTy'S EDUCATIONAL
COMPACT TO PROVIDE ENHANCED EDUCATIONAL
SERVICES TO THE CITY'S PUBLIC SCHOOL STUDENTS,BY WORKING COLLABORATIVELY ON FUNDING TO
PRIORITIZE EARLY LEARNING OPPORTUNITIES,
INCLUDING THE HEAD START PROGRAM; TITLE { VPK: VPKFEE SUPPORTED; AND SPED PRE.K; BY PROVIDING
INSTRUCTIONAL SUPPORT FOR EXTRAGURRICULAR OR CHOICE
OFFERINGS AT CIW HIGH SCHOOL AND MIDDLE SCHOOL' GMDES; BY ENHANCING THE DISTRICT'S AFTERSCHOOL
PROGRAMMING, IB PROGRAM AND EFL PROGRAM; AND TO
PROVIDE A SCHEDULE FORACCOMPLISHING THESE GOALS.
WHEREAS, in an effort to ensure that the historically strong partnership between Miami
Dade County Public Schools (District) and the City of Miami Beach (City) remains a solution
driven one, recent discussions have led to the ldentification of key priorities for boih the City and
District as it relates to the schools that serve City of Miami Beach residents; and
WHEREAS, over ihe coming weeks, iha key priorities will be fleshed out between ihe
District and City administrations
WHEREAS, the District and the City desire to share key data, and io delineate the
specific needs and costs for providing quality education to our public school children, and the
parties shal! seek to determine funding sources that can be jointly identified to reach this goal;
and,
WHEREAS, The rationale, implementaiion plan and timeline for the identified priorities can
be utilized in promoting Early Learning Opportunities available at schools serying Miami Beach
residents under a collaborative update hopefully to be completed by May 2015; and
WHEREAS, over the next few weeks, members of the City and District administrations Will
work together on the following tasks and will submit a recommendation for consideration by May
2015 relating to all public schools delineated in'the Miami Beach Education Compact, which
currently serves up to 293 ihree and four year olds'from the City, and the parties will work
together to irnplement or enhance the Head Start Program (131 students cunently served); Title 1
VPK (60 students curently served); VPK Fee Supported'( 60 students currently served); and
SPED Pre-k (42 students curently served); and
WHEREAS, tho District will provide a summary of each of the current program models
offered in City schools and will provide historical data regarding enrollment nurnbers for all
programs mentioned abovel and
621
WHEREAS, the Districi and City intend to work together to obtain information on the
gyrrent pending interest of Miami Beach residents to participate in these programs, and the
District will provide an assessment of available space in cuirent sites for ixpinsion of these
programs; and
WHEREAS, the District and City wilt exptore additional facility sotutions lhat would
detemine the maxlmum expansion of the referenced programs; and
WHEREAS, the District will provide a summary of the cunent funding streams that enable
the implemenlation of {hese importanl supplementary Miami-Dade Coung Pubic School program
offerirgs for students across the Disfricl; and
WHEREAS, the District will provide the cost to fund the set up and operation of an
additional early learning classroom, bnd'the City and District will explore addiiional potential
fundlng sources, and the City and District will provide an update regardiirg assessed interest anda rocommendation on how best to rneel the identified needs for the upcoming school year
inclusive of funding needs; and
WHEREA,S, the City and the District will work to provide instructional support for
extracurricular or choice offerings at City high school and rniddle sctrool grades where
instructional need is dernonstrated, and shall work collaboratively to provide the City an update on
this task by May 2015: and
WHEREAS, in an effort to jointly provide comprehensive, holistic education offerings white
still meeting all state requirements at a District level, the City and District wilJ work closely together
to define school needs on an annual basis. An estimated funding level to addriss -these
supplementary offerings will be determined by the end of each school year. The Cily and District
will'work together to ensure that all current funding slreams are leveraged effectively, and will
explore addjtional funding sources, Use of any identified funding streams for the purposes listed
below will need to be determined on an as needed basis; however, justification and
docurnentation will be requked to draw down any sources of community funding; ind
WHEREAS, the funding would include support lor instructional programs specific to
identified City priorities; support for elective programs based on student setection based demand;
and support for afterschoot enrichment opportunities; and
WHEREAS, The City and District will work together to devetop the procass explained
above and will provide a recommendation with an estirnated funding level for the upcomingschool
year by iltay 2015; and
WHEREAS, the Distric{ a,nd the City will coltaboratively work toward enhancement of
educationalfacilities, arid foltow u[ on this tajf by.luly ZOiS; anj
IIVHEREAS, Ihrough the District GeneralObligation Bond Referendum, approximatety g1B
million in projects are cunently underway for the schools within the City of Miami Beach; and
WHEREAS, in order to leverage allocated funding, the City and District will assess
addjtional ryigrity p-rojects thai can be brought forlh for discussion, ana tne District shall explore
seeking additional funding sources and the pariies shall issue a recommendation by July 2018 for
discussion toihe.City Commission; and
622
WHEREAS, the above delineated priorities, once defined, reviewed and approved, willbe
adopled inlo the City of Miami Beach Educatlon Compact, and the effort to do so is a work
progress that delineates the collaboration of the parties, in enhancing the District's afterschool
programming, the lB program and the EFL program.
W{EREAS, the City and the District desire lo work on these goals, to collaborate on
funding $ources, and to establish a time line to irnplement these goals in lhe City of Miarni Beach
Educational Compact, and in he ac{ual classroom.
NOW, THEREFORE, BE T DULY RESOLVED BY THE MAYOR AND THE CIW
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that lhe Mayor and City
Commlssion collaborate to develop an enhanced partnership with the Miami-Dade Gounty School
Board (School Board) and'to amend th'e Cig's Educational Compact to provide enhanced
educational services to the City's public school students, by working collaborativA[ on funding to
prioritize early leaming opportunities, including the Head Start Program; Title 1 VPK; VPK Fee
Supported; and SPED Pre-K; by providing instructionat support for extracunicular or choice
offerings ai city high school and middle school grades; by enhancing the dlstrict's'afterschool
programming, lB Program and EFL Program; and to provide a schedule for aocomplishing these
goals-
PASSED AND ADOPTED rhis 15 Oay of
ATTEST:
A.PPRO\GD AS TO
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Ciry of lt4irnni Beqch, I 700 Convention Canler Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
MEMORANDUM
TO:Neighborhoods/Community Affairs
Finance and Citywide Proiects
Jimrny L. Morales, City Manager
DATE: May29,2015
SUBJECT: FOLLOW-UP DISCUSSION RE
ENHANCED PARTNERSHIP
BOARD
COLLABORANON TO DEVELOP AN
THE MIAMI.DADE COUNTY SCHOOL
BACKGROUND
At the March 11, 2015, Commission meeting, Commissioner Grieco sponsored item R7N, a
Resolution to the Mayor and Commission to lobby the State Legislature and Miami-Dade County
Public School Board regarding compliance with the State's Class Size Amendmenl. The item was
defened to the March 18,2015 meeting. ln2AO2, voters approved an amendmentto the Florida
Constitution, at Article lX, Section (1) (a), which establishes a limit on the number cf students that
can be placed in a classroom. The Constitutional "Class Size Amendment" provides the following
sized classrooms:r 1B students in prekindergarten through grade 3o 22 students in grades 4 through It 25 students in grades g through 12
The State Legislature also amended several chapters of the Florida Statutes, to implement the
Class Size Amendment. One of the revised statutes defined thai the Class Size Amendment
would only apply to "Core Cuniculum" courses and not to extracurricular courses. As a result,
class sizes got larger again at the start of the 2010-2011 school year, after the state re-defined a
core class. About twothirds of the 849 "core" classes offered in Florida elementary, middle, and
high schools are now labeled extra-curricular, which has no limit on class size. This includes but is
not limited to advanced placement, lnternational Baccalaureate, and Spanish classes.
The Resolution was referred to the April 8, 2015 Finance and Citywide Projects Gornmittee
meeting for discussion. The members referred the item to the Mayor and Comrnission for further
discussion at the April 15,2015 Commission meeting.
Resolution 2015-28997 was presented io the Mayor and Commission on April 15.2015, for
discussion. The resolution was referred to both Finance and Citywide Projects Committee and
Neighborhoods/Community Affairs Committee at a joint meeting on May 24, 2415 for fudher
discussion.
625
NCAC and FCWPC Memorandum
Collaboratian to Establish an Enharced Parlnership vtith MDCPS
May 29,2015 Page 2ol 3
plsgus$oN
The Miami-Dade County Public School representatives have indicated they will prepare a proposal
for consideration to address the proposed enhanced educational services for the following areas:
o Early Learning Opportunities including Head Start, Title 1 Voluntary Prekindergarten,
Voluntary Prekindergarten fee supported and Special Education Prekindergarten
" lnstructional Support for Extracurricular or choice offerings at Miarni Beach Senior High
School, Nautilus Middle School, and Fienberg Fisher K-8 Centero Enhance afterschpol programming
M-DCPS provided information regarding the cost of the first item above, a prekindergarten fee-
supported classroom, at the May 20, 2015 Finance and Citywide Projects Committee rneeting.
The projected cost are provided below:
*lncludes $75K from waste hauler public benefit contribution for education (currently directed to
lnternational Baccalaureate Program) & $10K from Chamber**Does not include additional requests for fundlng not yet addressed including annual lB
authorization and evaluation costs and funding needed to address class size deficiencies
At the April 15, 2015 Commission meeting, the Commission approved Resolution 2015-28997 to
amend the City's EducaUon Compact with Miami-Dade County Public Schools to include the
priority areas above. Potential funding for the prekindergarten proposal may be a mix of funding
from the General Fund and the Education Fund balance. Funding for enhanced afterschool
programming and instructional support for Miami Beach Senior High School and Nautilus Middle
School will need to be evaluated separately once cost information is provided by Miami-Dade
County Public Schools.
Ihe Education Cornpact implemented in January 2008 currently addresses and supports the
following priority areasln Teacher RecruitmenURetentiono Communicationo Parental lnvolvement/Family SupporUYouth and Community Engagementc Health and Well-Beingo Student Achievemento Safety. Technology
626
NCAC and FCWPC Memorandum
Collaboration to Establish an Enhanced Paftnership with MDCPSMay29,2015 Paoe3of3
CONCLUSION
This information is provided for your discussion and direction.
AttachmeTrts
,, ^.,,.!ff^^,,, ^* t t/JLMiKGB/JS/|LDB44g {d"*
627
AN EDUGATION COMPACT BETWEEN
MLTAMI-DADE COUNTY PUBLIC SCHOOLS AND THE CITY OF MIAMI BEAGH
Following the blueprint established by the formation of the Education Compacis between
Miami-Dade County Public Schools (Diskict), and other local general purpose governments.
the Distict and the City of Miami Beach (City), will now partner to bring together.each
organization's collective resources for the greater benefit of both the sfudents and the citizens
of Miami Beach. Located on a barrier island in Miami-Dade County, the City, lncorporated in
'1915, encompasses approximately 7.1 square mites and is home to 6 District facilities
including South Pointe Elemenlary Fienberg Fisher Elementary, North Beach Elernentary,
and Biscayne Elementary, Nautilus Middle, and Miami Beach Senior High. With a population
of over 93,000, it is the destination of over 7 million tourists annually and the hub of the
County's hospltallty and tourism industry.
ln recognition of the fact that lt Takes,,. the commitment of the District and the City to ralse
academic achievement, and recognizlng the importance placed on education by the residents
of Miami Beach, the Distict and City seek'to codify an Education .Cornpact to build on
exlstlng programs and innovative ideas which will enhance the tifelong educational
opportunities for the entire community, Tlerefore, through this agreement we will strive to
meet the educational needs of each child and enhance the learning opportunities for all. This
Compact was developed With signifiiant community input and reflects the desire of the
Miami-Beach community to support excellence in their schools and an investment ln the
overall enhancement of education for its resfdents, It is recognlzed by the District and the
City that this Compact represents goals and objectives which are conslstent with the long
term strategic plans of each entity and it is understood that as such goals and objectives
evolve the terrns of this Compact may also be modified over time.
The areas of focus ln this cotlaboration include: teacher recruitment and reteniion; enhanced
communication of educational and community events; familylparental involvement in
education; eommunity/business engagement, enhanced student health and wefl-being;
improved student achievement" school .safety; and.technology access. The initial major
activities, intended outcomes, and measures associated with each of these major focus areas
are outlined below.
Teqcher Recruitm-el"rt/Retgntipn
Activlties:
' fhe Distribt and the City witl collaborate to develop a supplemental incentive program
for teacher recruiiment/ietention in Miami Beach schoots. The City component of the
program will foa:s on encouraging incentives which may include discounts, mentoring,
training, and tlckets to public events. Mentciring and training opportunities will be least
disruptive to school staffing needs, with schools providlng coverage (as appticable) for
staff io participate. The District will provide support for the City program which may
include but not be limited to invltations to participate ln District recruitment events and
posting of City sponsored incentives on the District's recruitment webpage.
Page 1 of 10
628
' The District will rnake avallable to the City all instructional staff recruitment and
retention statlstics and data for Miami Beach schools and districtwide which is
considered public information.
. The District will make available to t'te City all survey data pertaining to teacher
satisfaction levels (in particular key drivers for recruitment and retention) on a regular
basis, segregated by each Miami Beach sdrool where possible.
. The City will support the District's efforts, those of other stakeholder groups and
districtwide initiatives that address the housing needs of teachers and non-instructional
staff. ln the event the City develops a prograrn to provide workforce housing and/or
housing support for "essential personnel," lhe inclusion of public school teachers
and/or other public educational personnel will be explored.
Key lntended Outcomes:
. Maintain teacher recrultment and retention at or above districtwide levels.
' lncrease teacher satisfaction rates for 6ity of Miami Beach schools.. Enhance access to workforce and affordable housing.
Measures:
I Number and percent of Miami Beach school staff participating in various incentive
programs provided by the City;
. Number and percent of Miami Beach school staff participating in mentoring and
training opportunitles sponsored by the Ciiy;
' Percent of Miami Beach school and District school personnet that indicate they agree
or strongly agrea that they like working at their'Mjami Beach' school;
. Miami Beach schoot instructional personnel retention rate compared to districtwide
retention rate; and
' Miami Beach school .instructionat personnel vacancy rate compared to districhrvide
vacancy rate.
n Number of instructional personnel utitizing workforce,housing options availabie through
the City
Page 2 of 10
629
Comrnunication
Actlvities:
. The City will work with the District to disseminate information related to educational
opportunities and activlfies by placing information in strategically located kiosks.
" Collaborate to enhance education-related cornmunication to the City's residents by
developing an education page to be lncluded ln Glty's webslte wlth links to the Beach
schools, providing access to the City's cable W programming, and space in the City's
newsletters and magazines in order to disseminate inforrnation on Miami Beach's
schools.
. The City willwork with the Disirict to support a Student Expo that will highlight Beach
school offerings and student achievements.
. Tho City and the District will endeavor to collaborate on legislative agendas in support
of public education.
. Provide regular briefings of the School Board and City Commission regarding the
status of the implementation of this Compact and other issues of interest.
Key lntended Outcome:
. lncrease cornmunity access to Miaml Beach school and Districi information.
Measures:
o Nurnber of District legislaiive priorities supported by the City; and. Number of educationally*elated articles/ads disseminated through City- sponsored
communication methods (rnagazines, ni:wspaper, television).
Parentat tnvotyementlFa.mjlv--Supportf/outh and Cornmunitv..Enqas.ement
Activities:
. The.District will make available to the City all parent satisfacflon suruey data on a
regular basis, segregated by Miami Beach schools where possible, and the City may
conduct similar suryeys with the asslstance of the District, including findings on key
drivers for satisfaction, subJect to any approvals which may be required from the
District's Research Review Committee.
Page 3 of 10
630
. The City will work with the District io foster locat business support for education,
including the lmplem'entation of emptoyee programs which encourage parent
padlcipation in schools. As an example, the City will encourage local businesses to
model the City's commitment to parental involvement by developing an ernployee
, poticy that would allow for employee release time to participate in designated earty
release day parenUteacher conferences (max 3 per year) and would provide access
to computers for ernployees for the purpose of accessing lhe District's Parent Portal to
obtain information regardlng the employees' children's academic progress. The
District will provide confirmalion form for employee participation in parent/teacher
conferences
. Through The Parent Academy {TPA), interested Gity persbnnel wilt be provided with
training by the Distrlct regarding use of the District's newly launched Parent Portal and
other electronic resources available through the District
. The District witl focus on Mfarni Beach parents by creating a City-based rnodel of TPA
using City facilities and other comrnunity sites.
. The Diskict will support ihe City's Service Partnership (service program that partners' cornmunity agencies) via participation in the governing board, provision of refenals to
the program as appropriate, recruitrnent of students for employmenl opportuniUeb, and
assistance in the collection of qualitative data to rneasure success, subject to parental
consent.
Key lntended Outcomes:
. Ensure Cornmunity access to educationaf inforrnation.. lncrease accessibility to family/individual support services.
Measures:
. Parent satisfaction rates for each Mlaml Beach school;. Number of hours provided by City for City employees to attend teacher conferences,
etc.;r Number of parents from Miami Beach schools attending Pareni Acaderny programs;
and. Percent of students referred by school personnel to the Service Partnership that obtain
employment
Page 4 of 10
631
Health an-d Well-BelQg
Activities;
. The Diskict willmaintain health c{inics (nurse practitioners and/or registered nurses) at
Fielflerg Fisher Elementary, Biscayne Elernentary, Nautilus Middle School and Miami
Beach Senior High School, subject to continued avaitabte funding, and will work with
all Miami Beach schools to coordinate visits from the Health Connect on Wheels
seMce (as available) or similar service to schools andior Miami Beach recreaUon
centers.
o The District and the.City will collaborate to deliver lnformation regarding health and
wellness education, preventfon and lntervention strategies regarding nutrition, physical
activity levels, and health rnalntenance in accordance with the District's Wellness
lnitiative.
. The City will exptore'the development of a middle school-level aflerschool program.
The District will cotlaboraie with the City by asslsting with the recruitment of sfudents,
including providing space wlthin District-owned facilities as needed, and exploring
expanded tra nspodation options for participatin g students.
. District will explore the expansion of futl-time nurse praciitioners and/or registered
nurses at schools without health clinics, subject to available funding.
Key Intended Outcome:
. lncreased heatth and well-being of students.
Measures:
. Percent of Miami Beach schools scheduled for Health Connect Mobite provider (or
similar servlce) August through June;
" Number of Health Connect on Wheels mobile unit visits (or similar service) to non-
clinic Beach schools and recreation centers;and. Number of schools wlth health clinics (Nurse practitioners and/or registered nurses)
through School Hea lth Connect and/or eguivalenl
Student Achigvement
Activities:
. The District will make available to the City all student survey data on a regular basis,
segregated by Miami Beach schools where possible, and the City may conduct slmllar
surveys with the assistance of a Dlstrict Educatlonal Evaluation singte point of contact,
including findings on student ratings of self-esieem and sense of community. All
research is subject to approval by the MocPS Research Review commitiee.
Page 5 of 10
632
. The District will identify and pursue implementation of best practice strategies to
increase the graduation rate at Miaml Beach Senior High School (MBSHS)^
. The City wilt work with the District toruard the creation of an internship initiative wiih
Miami Beach City govemment to provide internship opportunities (as appropriate) to
MBSHS students based on parameters within the Districfs Secondary School Reform
PIan.
. The City wfll work with the District to support the creation of a speaker's bureau for
Miami Beach schools to provide teachers'wilh access to speakers on specialized
topics.
. . The District will enmurage the greater use of school facilities after-hours to support
community based programming for youth.
. The District will explore avenues to enhance counseling and teacher-to-student ratios,
n The City will negoiiate where posslble culture/arts contracts to lnclude access to
programs by schools. The District will provide a dedicated Curriculum Coordinator
staffed to the feeder pattern to arrange for artslculture utillzation during school hours
and after-school hours and alignrnent to curriculum. Currenily available City cultural
offerings for'students include access to programs af the Bass Museurn, Botanical
Garden, Byron Carlyle, Colony Theater, Fillmore at the Jackie Gleason, Wolfsonian,
Convention Center, Jewish Museum, 1Oth Street Auditorium, Little Acorn Theater, Arts
in Public Places, New World Symphony Campus (TBD), and various fesiivals/events.
. The Cify will suppoti the small learning academies at ihe Miami Beach Senior High
School by providing City advisory board participanis no more than once a monih and
the District witl provide training to City staff related to lnterdisciplinary teaching/leaming
teams, relevant curiculdmiinstruction, inclusive programs/practices, continuous
program irnprovement, and building oommunity support, Anticipated acadernies at
Miami Beach Senior High School may include, but not be limited to Business,
Management, and Administration, Hospitality and Tourism, lnformatlon Technology,
Publlc Service and Security, Visual and Pedorming Arts, Comrnunication and Digital
Media, Marine and Environmental Science, Foreign Language and Humanities,
lnternational Baccalaureate, Scholars Academy, and Education and Training Services.
Page 6 of 10
633
The City and District will collaborate to implement an lnternational Baccalaureate (lB)
program within the Miaml Beach feeder pattem. The City agrees that it will provide
funding for the implementation at Miami Beach Senior High Sehool and Nautilus
Middle School in an amount not to exceed $155,000, and for Fienberg-Fisher Middle
Years Prograrn ln an amount not to exceed $ 68,000. The lmplementation of the lB
program with the Miami Beach feeder pattern is as follows:
o The District will immedlately inltiate the application process for the lnternational
Baccalaureate Program (lBO Diploma Programi at Miami Beach Senior High
School (MBSHS) by submitting the Interested Schools Form (October 2007),
Consultant Request Form (if applicable by November 2007), Application A
(March J,. 2008), Applicatiori B (June 1, 2008), Site Visit (Fall 2008), and
Authorlzation (Spring 20Og).
o The City will assist the District in discussing funding or other support fnorn the
Miami Beach Chamber of Commerce or other appropriate organizations for
annual fees, teacher training, Diploma Program (DP) Coordinator supplement,
exam registration (per student), per subject exam fee/shipping, dnd books .
o The City will provide resources for the IBO Diploma program rollouts inctuding
funding for the feasibility study (if applicdble), application A, application B, and
professlonal development costs including registration, travel and expenses for
instrfuctional staff as applicable prior to full tmptementatton of the program at
MBSHS.
o The District will immediately initiate the application process for the lntematlonal
Baccalaureate Middte Years Program (lBO Middle Years Program) at Nautilus
Middle School (NMS) by submitting the lnterested Schools Forrn (October
2407), Application A {May 1,2008), Application B (June 1, 2009), Auihorization' (Fall2010), and Evaluation (Spring zAM[
o The City will assist the District in discrssing funding or other support from the
Miami Beach Chamber or biher approprlate organizations for annual fees,
teacher trainlng, Area of lnteraction (AOI) Leaders supplements, Middle Years
Program (MYP) Coordinator supplement, books, and exira teaching periods
supplements (as appllcable).
The City will provide resources for the IBO Middle Years program rollouts
including funding for the feasibility study (if applicable), Application A,
Application B, and professionaldevelopment costs inctuding registration, travel
and expenses for instructional staff as applicable prlor to full implernentation of
the program at NMS.
The District will imrnediately initiate the application process for ihe lnternational
Baccalaureate Middle Years Program (lBO Middle Years Program) at Fienberg
Fisher grades 6-8 by submitting the lnterested.schools Form, Apptlcation A,
Applicatlon B, Authorization, and Evaluation.
Page 7 of 10
634
o The City will prwide resources for the IBO Middle Years program rollouts at
Flenberg Fisher 6-8 including tunding for the feasibility study (if applicable),
Application A, Application B, and professional development costs including
registration and travel expenses for instructional staff as applicable prior to full
implementatlon of the program at Fienberg Fisher grades &8.
o The District and City will pursue the devetopment of an lB program at the
elementary school levels over the next 2 years, including development of
implementation fundlng requlrements. Funding requirements will be presented
to the City Commission for approval. Further, as part of the feasibility review for
the implementalion of a Primary Years lB program, the District and the City wilt
reach out to lis neighboring cities including the Town of North Bay Village and
Bay Harbor lslands ln conslderation of the location of the schools within their
borders.
. The City and District will seek to collaborate on grant devetopment opportunities in
order to maximize the pool of avallable resources to serve the Citt's schmls and
residents. Types of grants pursued will include, but not be limited to those suppoiting
student acadernic achievement, Iiteracy, physicar activity and fitness, social skills
building, family involvement, and health and well-being.
Key lntended Outcomes:
r lncreased academlc support and achievement.. lncrease academic enrichmenl. Pursue collaborative grants to support youth academlc
needs and academic support citywide. lncreased nurnber of graduates exposed to
external experiential activlties including meaningfulmentorships and/or internships.
Measures:
. Percent of high school students graduating vyho entered Miami Beach High in the th
grade year;
' Number and percent of hlgh school target population participating ln City-sponsored
internship program;. Number of high quality internship opporiunities nrade available to the Miami Beach
students by the City;
a
c
G
G
Nurnber of City employees thai are registered mentors and providing services to Miami
Beach students;
Number of speaker hours provided by City 'experts'to schools on specialized toplcs in
support of the speaker's bureau;
Allocation per fulltime equivalent student;
Nurnber of students enrolled in the lB program by schoot;
Number of Miami Beach schools recelving a state accountability grade of A or B;
Number of attendees by school 1o City-sponsored/supported cuttural activities durlng
school hours and after-school hours;
Page B of 10
635
. Numbar of City management staff actively participating in School of Buslness and
Technlcal Arts, School of Creative Arts, and School of Liberal,Arts smaller learning
academies in advisory board roles;
" Number of grants and amount of funding secured through collaboratlva efforts to
obtain grants supporting youth and public educatlon; and. Number of students compleUng a Gity-sponsored intemship.
9afety
Activities:
. The District and City each will designate a Police Department liaison to coordinate
securlty and safety related activities for Mlami Beach schools and to explore joint
trainlng opportunities for personnel lnvolved with safety issues at all Miami Beach
schools.
Key lntended Outcome:
. lmprove safety and/perceptions of safety at schools in City.
Measures:
. Parent, sfudeni and District perception ratings for school safety.
Techtology
Activities:
" To the extent the City malntains a free WiFl network Gitywide; the City will provide free
WiFl access to support home access throughout the community and will provide
amess to discounted computer equipment to all residents; helping to reduce the digital
divide.
. The District and City will collaborate to identify additional avenues for student access
to technology and the Distrlct will provide opportunities for technology training at
school sites for parent(sfguardian(s).
Page 9 of 10
636
Kay lntended Outcome:
. Improve youth and parent access to technology.
Measures:
o Nurnber of Miarni Beach homes wlth technology enabling youth to access WFi; and. Number of opportunities for technology training at school sites for
pa rent(s[gua rdian(s].
The adoption of this Education Compact between the City of Miami Beach and M-DCPS
establtshes a pact to continually strive to promote excellence and relevance in education in
tha City's schools and communityr at large by jolning'forces for the greater benefit of both the
students and the citizens of Miaml Beach.
The City and the District agreed that any more favotable posltion provided in any other
Diskict Education compact will be offered to ihe City of Miami Beach for consideraflon.
Page 10 of 10
637
lN WITNESS WHEREOF, the Parties have caused this Education Compact to be executed in
thelr names by thelr duly authorized officers and the corporate seals to be affixed all as of the
day and yearflrst above written.
WITNESSETH we have set our hands and seals hereto on tiris /|uJ ofA,oa-]- ,2008.
Titte: SuperintendenUDesignee
THE SCHOOL BOARD OF MI.A,MI.
DADE COUNTY, FLORIDA
School Board Attorney
Name: Perla Tabares Hantnan
Ghair, School Board Tiile: Vice Chair, School Board
CITY OF MIAMI BEACH, FLORIDA
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Gonzalee
Title:
City fVlanager
Name:
ltue:
.Ione- Smlth
City Attorney
Name:
TIfle:fillayor
liil'{tt*,y f ^**Title:
THE SCHOOL BOARD OF MIAMI.
DADE eOU4rTY, FLORIDA'
Name: Rudolph F. Crew
APPROVED AS TO FORM AND
LEGAL SUFFIGIENCY:
Name: Agustln J. Barrera
Matti H. Bower
City Clerk
g MIAMIBEAC!{
638
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639
R7 - Resolutions
R7M A Resolution Accepting The Recommendation Of The City Manager, Pursuant To
lnvitation To Negotiate (lTN) 2014-170-SW For A Gated Revenue Control System For
The City's Parking Garages, Approving All Material And Substantive Terms Of An
Agreement (As Stated ln Appendix A Term Sheet) Between The City And Skidata, lnc.;
And Further Authorizing The City Manager And The City Attorney's Office To Make Any
Non-Substantive And Non-Material Revisions And/Or Additions To The Agreement, As
Required, And Authorizing The Mayor And City Clerk To Execute The Final Agreement
With Skidata, lnc.; And, ln The Event That The City ls Unable To Finalize Successful
Negotiations With Skidata, lnc., To Further Authorize The City Manager And The City
Attorney's Office To Make Any Non-Substantive And Non-Material Revisions And/Or
Additions To The Agreement (As Stated ln Appendix A Term Sheet), As Required, And
Authorizing The Mayor And City Clerk To Execute The Final Agreement With Amano
McGann, lnc.
(ProcuremenUParking)
(ltem to be Submitted in Supplemental)
Agenda ltem
Date640
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641
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The City Manager Pertaining To The Ranking Of Proposals With Respect To Phase ll Of The
RFP Selection Process, Pursuant To Request For Proposals (RFP) No.2014-253-YG, For Design Build Services
For 54" Redundant Sewer Force Main.
!ntended Outcome S
Item Summa
The Administration issued RFP 2014-253-YG to seek the proposals from a Design/Build firm to provide
engineering, design, permitting, construction, testing, and commissioning services for the 54" Redundant Sewer
Force Main project. The RFP was approved for issuance by the City Commission on June 11,2014. The RFP was
released on November 12,2014. A pre-proposal conference under Phase I was held on November 20, 2014. On
January 21,2015, the City received proposals from: David Mancini & Sons; and, Ric-Man Construction, lnc. On
February 19,2015, the Evaluation Committee appointed by the City Manager convened to consider the responsive
proposals received under Phase L The Committee scored and ranked the proposals pursuant to the evaluation
criteria under Phase I in the RFP. The results of the evaluation committee process were presented to the City
Managerforhis recommendation to the City Commission. On, March 11,2015 the Mayorand City Commission
passed and adopted Resolution No. 2015-28937, accepting the City Manager's recommendation.
On March 17,2015, via Addendum No. 5, the Procurement Department issued Phase ll of the RFP process to the
short-listed proposers. A pre-proposal conference with the short-listed proposers was held on March 24,2015. On
May 1,2015, the City received proposals from the two short-listed proposers, David Mancini & Sons and Ric-Man
Construction, lnc. On May 19,2015, the Evaluation Committee appointed by the City Manager convened to
consider the responsive proposals received under Phase ll. The Committee was instructed to score and rank the
sole proposal received pursuant to the evaluation criteria established under Phase ll in the RFP.
After reviewing all the submissions and the results of the evaluation process, the City Manager finds that both
proposals exceed the available budget for this project of $10,000,000, plus a $500,000 contingency. Therefore,
the City Manager recommends that the Mayor and City Commission authorize the Administration to enter into
negotiations with the top ranked proposer David Mancini & Sons, lnc. Should the Administration be unable to
negotiate an agreement within the available budget with the top ranked proposer, the City Manager recommends
that the Administration be authorized to terminate negotiations and enter into negotiations with the second ranked
proposer, Ric-Man Construction, lnc, Should the Administration not be able to negotiate an agreement within the
available budget with the second ranked proposer, the City Manager recommends that the Administration be
allowed to terminate negotiations. lf negotiations are terminated, the City Manager will provide a recommendation
for further review by the City Commission.
RECOMMENDATION: ADOPT THE RESOLUTION.
Board Recommendation:
Source of
Funds:
Amount Account
1 $400,000 303-2737-065357
rfl,,4..
2 $8,283,000 389-2737-069357 lncludes transfer of $2.283 million in the 5'n Capital
Budqet Amendment/w 3 $600,000 389-2737-069358
4 $296,609 379-2737-061357
Financial
lmpact
Summary:
5
$920,391 Proposed Water and Sewer Bonds
OBPI Total $10,500,000
Build And Maintain lnfrastructure With Full Accountabili
Data (Surveys, Environmental Scan, etc: N/A
Financia! lnformation:
Alex Denis, Extension 6641
* AAIAnrIIBEACH Agenda ltem l47N
Date 6-tO-{S642
MIAMI BEACH
City of Miqmi Beoch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSI N MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: June 10,2015
the City
SUBJECT: A RESOLUTION OF THE MAYOR CITY COMMISSION OF THE CIry OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS WITH RESPECT
TO PHASE II OF THE RFP SELECTION PROCESS PURSUANT TO REQUEST
FOR PROPOSALS (RFp) NO. 2014-253-yG, FOR 54" REDUNDANT SEWER
FORCE MAIN
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Build And Maintain Priority lnfrastructure With Full Accountability
FUNDING
Funding for this project will be as follows:
Amount Account Number Description
$400,000 303-2737-065357 54 inch Diameter Redundant Sewer Force Main
$8,283,000 389-2737-069357 54 inch Diameter Redundant Sewer Force Main
$600,000 389-2737-069358 54 inch Diameter Redundant Sewer Force Main
$296,609 379-2737-061357 54 inch Diameter Redundant Sewer Force Main$920,391 Proposed Water and Sewer Bonds
$10,500,000 Total
.This funding is contingent on the adoption of the Sth Capital Budget Amendment.
BACKGROUND
On February of 2012, Pure Technologies, the City's consultant in this matter, submitted a
Condition Assessment Report of the existing 54" Pre-Stressed Concrete Cylinder Plpe (PCCP)
force main connecting to the Government Cut force main. lt was discovered of the 260 pipes
analyzed, 8 pipes (3%) were found with electromagnetic anomalies representing broken steel
pre-stressing wire wraps. Although these anomalies do not pose an imminent threat to the
performance of the City's sanitary sewer service, a redundant 54" force main would ensure
sanitary sewer service in the event of an emergency or during maintenance. The force main is
of importance since the existing 54" force main conveys the City's entire sanitary sewer to the
water treatment plant on Virginia Key. ln addition the intent would be to rehabilitate the existing
54" force main's electromagnetic anomalies after bringing the proposed 54" force main into
service.
643
Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the
Ranking of Proposals with Respect to Phase I of the RFP Selection Process pursuant to RFP 2014-253-
YG - 54' Redundant Sewer Force Main
June 10,2015
Page2
The City's Public Works Department determined that a design-build methodology would be
best suited for this project, As a result, the Department prepared a Design Criteria Package,
as required by Florida Statutes, for the Project that served to define the design requirements
for development of construction documents by the selected Design Build Firm (DBF), and for
submission of their price proposal. The Project consists of micro-tunneling for the installation
of the 54" force main, open trench construction at the launch and retrieval shafts, possible
replacement, restoration, relocation or abandonment of existing water and/or sewer facilities,
maintenance of traffic, landscaping, restoration of disturbed drainage features, roadway
reconstruction / pavement markings, repair and/or extension of existing sidewalks to comply
with ADA requirements, and the incorporation and the undergrounding of utilities, including
Florida Power and Light (FPL), Atlantic Broadband (ABB) and AT&T.
On June 11,2014, the City Commission approved the issuance of the subject RFP. However,
the RFP was not advertised until November 12,2014 for the reasons communicated to the
City Commission via LTC #372-2014, dated November 5,2014, which included enhancing the
scope of the project in the Design Criteria Package by the City's consultant.
RFP PROCESS. PHASE !
RFP 2014-253-YG was issued on November 12,2014, with an opening date of January 21,
2015. A pre-proposal conference to provide information to the proposers submitting a
response was held on November 20,2014.
ln accordance with Section 287.055 of the Florida Statutes, the RFP provides for a two-step,
phased evaluation process. The Phase I selection process, relates to the qualifications,
experience and availability of the proposers and key members of the design-build team,
including the lead designer and lead constructor. Only those Proposers short-listed during
Phase lare authorized to proceed to Phase ll of the RFP selection process, in which price and
detailed technical proposals based on the approved Design Criteria Package (the "DCP") will
be considered.
Under Phase l, the City received proposals in response to the RFP from the following two (2)
firms:. David Mancini & Sons, lnc.o Ric-Man Construction, lnc.
On February 5,2015, the City Manager appointed the Evaluation Committee via LTC # 055-
2015. The Evaluation Committee (the "Committee") consisted of the following individuals:. Jay Fink, Assistant Director, Public Works Department. Thais Viera, Sr. Project Manager, Office of the City Manager. Mark Tomczyk, Sr. Capital Projects Coordinator, Office of Capital lmprovement
Projects
The following individuals were appointed as alternates:. David Martinez, Director, Office of Capital lmprovement Projectso Jose Rivas, Civil Engineer lll, Public Works Department
The Committee convened on February 19,2015 to consider proposals received under Phase
l. The Committee was provided an overview of the project, information relative to the City's
Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also
644
Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the
Ranking of Proposals with Respect to Phase I of the RFP Selection Process pursuant to RFP 2014-253-
YG - 54' Redundant Sewer Force Main
June 10,2015
Page 3
provided general information on the scope of services, references, and a copy of each
proposal. The Committee was instructed to score and rank each proposal pursuant to the
evaluation criteria established in the RFP. The evaluation process resulted in the ranking of
proposers as indicated below.
PHASE I
,iRFP# 2014:25.! G
O-e,,g n/Bulld15 fgeg
ior'54'.Redunda.n!,1g-e i
Force Marnf!f-!e'fl Thais
Viera Rankinn
Mark
Tonrzrk Jose Rivas Rankino
LOW
AGGREGATE
TOTALS Rank
)avid Mancini & Sons 97 1 92 2 85 1 4 1
lic-Man Construction, lnc 96 2 94 1 82 2 5 2
After reviewing all the qualifications of each firm and having considered the Evaluation
Committee's comments and rankings, as well as the fact that only two proposals were
received, the City Manager recommended that, for Phase I of the evaluation process, the
Mayor and the City Commission shortlist both firms submitting proposals, David Mancini &
Sons and Ric-Man Construction, to be further considered in Phase ll of the evaluation
process. Phase ll will consider price and detailed technical proposals for the project. On,
March 11, 2015 the Mayor and City Commission passed and adopted Resolution No. 2015-
28937, accepting the City Manager's recommendation pertaining to the ranking of proposals
with respect to Phase 1 of the RFP selection process.
RFP PROCESS - PHASE II
On March 17,2015, viaAddendum No.5, the Procurement Department issued Phase ll of the
RFP process to the short-listed proposers. A pre-proposal conference to provide information to
the short-listed proposers was held on March 24, 2015. On May 1 , 2015, the City received
proposals in response to Phase ll of the RFP from the two short-listed proposers:. David Mancini & Sons, lnc.o Ric-Man Construction, lnc.
The Evaluation Committee, appointed by the City Manager via LTC # 055-2015, convened on
May 19,2015 to consider the technical proposals received under Phase ll. The Committee
was provided an overview of the project, information relative to the City's Cone of Silence
Ordinance and the Government Sunshine Law. The Committee was also provided general
information on the scope of services, a copy of each proposal, and engaged in a question and
answer session with each proposer. The Committee was instructed to score and rank each
proposal pursuant to the evaluation criteria established in the RFP for Phase ll. The evaluation
process resulted in the ranking of proposers as indicated below.
645
Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the
Ranking of Proposals with Respect to Phase I of the RFP Selection Process pursuant to RFP 2014-253-
YG - 54' Redundant Sewer Force Main
June 10,2015
Page 4
UUJ I
Proposer
Guarantoed
Maximum Price
Maximm
Allowable Points Total Points Awarded*
David lvlancini & Sons $1 4.062.61 3.00 50 49.60
Ric-Man Conslnnlion ln.$1 3.950.000.00 50 50.00
MANAGER'S DUE DILIGENCE & RECOMMENDATION
After reviewing all the submissions and the results of the evaluation process, the City Manager
finds that both proposals exceed the available budget for this project of $10,000,000, plus a
$500,000 contingency. Therefore, the City Manager recommends that the Mayor and City
Commission authorize the Administration to enter into negotiations with the top ranked
proposer David Mancini & Sons, lnc. Should the Administration be unable to negotiate an
agreement within the available budget with the top ranked proposer, the City Manager
recommends that the Administration be authorized to terminate negotiations and enter into
negotiations with the second ranked proposer, Ric-Man Construction, lnc. Should the
Administration not be able to negotiate an agreement within the available budget with the
second ranked proposer, the City Manager recommends that the Administration be authorized
to terminate negotiations. lf negotiations are terminated, the City Manager will provide a
recommendation for further review by the City Commission.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of
proposals with respect to Phase ll of the RFP selection process pursuant to Request for
Proposals (RFP) No.2014-253-YG for Design Build Services for 54" Redundant Sewer Force
Main.
JLM/MT INIXOIYCO-
T:IAGENDAt201SUune\PROCUREMENTU014-253-YG RFP - Design Build Services for 54 Redundant Sewer Force Main (Phase ll) - Memo.docx
PHASE II
.:.:,: :aaa:aa::a::a :.1:11..: FP#:2014^2f-.,3-,,lyF
,{a$lgn/Bulld S*fvhsr
fOr 54' Rodundant Sswr
::,Force Matl (Phrss ll,
Ranhnq Mark Tomzk Rankirc Jos6 Rivas Rankino
LOW
AGGREGATE
Ra nk
lavid Mancini & Sons 9'1.60 I s4 60 1 95 60 1
lic-Man Conslnnlion lnc 91 2 94 2 94 6
646
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS WITH
RESPECT TO PHASE II OF THE RFP SELECTION PROCESS, PURSUANT
TO REQUEST FOR PROPOSALS (RFP) NO. 2014-253-YG, FOR DESTGN
BUILD SERVICES FOR 54" REDUNDANT SEWER FORCE MAIN ("THE
PROJECT"); AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WITH DAVID MANCINI & SONS, INC; AND SHOULD THE
ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN
AGREEMENT WITHIN THE AVAILABLE BUDGET WITH DAVID MANCINI &
SONS, INC., AUTHORIZING THE ADMINISTRATION TO TERMINATE
NEGOTIATIONS AND ENTER INTO NEGOTIATIONS WITH RIC.MAN
CONSTRUCTION, INC; AND SHOULD THE ADMINISTRATION NOT BE
SUCCESSFUL !N NEGOTIATING AN AGREEMENT WITH RIC.MAN
CONSTRUCTION, INC., THE CITY MANAGER RECOMMENDS THAT THE
CITY ADMINISTRATION BE AUTHORIZED TO TERMINATE NEGOTIATIONS,
AND THAT THE CITY MANAGER PROVIDE A RECOMMENDATION FOR
FURTHER REVIEW BY THE CITY GOMMISSION; AND FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY
THE ADMINISTRATION.
WHEREAS, on June 11, 2014, the Mayor and City Commission authorized the issuance
of RFP No. 2014-253-YG for Design Build Services for 54" Redundant Sewer Force Main (the
"RFP"); and
WHEREAS, the RFP was issued on November 12, 2014, with an opening date of
January 21,2015; and
WHEREAS, a voluntary pre-proposal conference to provide information to the proposers
submitting a response was held on November 20,2014; and
WHEREAS, in accordance with Section 287.055 of the Florida Statutes, the RFP
provided for a two-step, phased evaluation process; and
WHEREAS, the Phase I selection process, related to the qualifications, experience and
availability of the proposers and key members of the design-build team, including the lead
designer and lead constructor; and
WHEREAS, only those proposers short-listed during Phase I were authorized to proceed
to Phase ll of the RFP, in which price and detailed technical proposals, based on the approved
Design Criteria Package (the "DCP"), would be considered; and
WHEREAS, under Phase l, the City received proposals from the following two (2) firms:
David Mancini & Sons, lnc and Ric-Man Construction, lnc.; and
WHEREAS, on February 5,2015, the City Manager, via Letter to Commission (LTC) No.
055-2015, appointed an Evaluation Committee (the "Committee"), which convened on February
19,2015 to consider the proposals under Phase l; and
647
WHEREAS, the Committee was provided an overview of the project; information relative
to the City's Cone of Silence Ordinance and the Sunshine Law; and general information on the
scope of services, references, and a copy of each proposal; and
WHEREAS, the Committee was instructed to score and rank each proposal pursuant to
the Phase I evaluation criteria established in the RFP; and
WHEREAS, Committee's ranking was as follows: David, Mancini & Sons, lnc., top-
ranked; Ric-Man Construction, lnc., second highest ranked; and
WHEREAS, after reviewing the proposals and the Evaluation Committee's scores and
rankings, the City Manager exercised his due diligence and recommended that the Mayor and
the City Commission shortlist the top two (2) proposers to proceed to Phase ll of the RFP
evaluation process, as follows:
(1) David Mancini & Sons, lnc; and
(2) Ric-Man Construction, lnc; and
WHEREAS, on, March 11, 2015 the Mayor and City Commission passed and adopted
Resolution No. 2015-28937, accepting the City Manager's recommendation pertaining to the
ranking of proposals with respect to Phase I of the RFP selection process; and
WHEREAS, on March 17, 2015, via Addendum No. 5 to the RFP, the Procurement
Department issued Phase ll of the RFP process to the short-listed proposers; and
WHEREAS, a pre-proposal conference to provide information to the short-listed
proposers was held on March 24,2015; and
WHEREAS, on May 1,2015, the City received proposals in response to Phase ll of the
RFP from the two short-listed proposers: David Mancini & Sons, Inc., and Ric-Man
Construction, lnc; and
WHEREAS, the Evaluation Committee, appointed by the City Manager via LTC # 055-
2015, convened on May 19, 2015 to consider the technical proposals received under Phase ll;
and
WHEREAS, the Committee's rankings for Phase ll were as follows:
(1) David Mancini & Sons, lnc; and
(2) Ric-Man Construction, lnc; and.
WHEREAS, the City Manager exercised his due diligence and concurs with the
Committee's Phase ll rankings; and
WHEREAS, notwithstanding, both proposals exceed the available budget for this project
of $10,000,000 plus a $500,000 contingency.
NOW, THEREFORE, BE !T DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager pertaining to the ranking
of proposals with respect to Phase ll of the RFP selection process, pursuant to Request for
Proposals (RFP) No. 201 4-253-YG, for Design Build Services For 54" Redundant Sewer Force
648
Main ("The Project"); authorizing the Administration to enter into negotiations with David Mancini
& Sons, lnc; and should the Administration not be successful in negotiating an agreement within
the available budget with David Mancini & Sons, lnc., authorizing the Administration to terminate
negotiations and enter into negotiations with Ric-Man Construction, lnc; and should the
Administration not be successful in negotiating an agreement with Ric-Man Construction, lnc.,
the City Manager recommends that the City Administration be authorized to terminate
negotiations, and that the City Manager provide a recommendation for further review by the City
Commission; and further authorizing the Mayor and City Clerk to execute an agreement upon
conclusion of successful negotiations by the Administration.
PASSED AND ADOPTED this
ATTEST:
2015.
Rafael Granado, City Clerk Philip Levine, Mayor
T:\AGENDA\2O15\June\PROCUREMENTU0l 4-253-YG RFP - Design Build Services for 54 Redundant Sewer Force Main (Phase
ll) - Reso (Revised 06.01.201S).docx
day of
APPROVED AS TO
FORM & LANGUAGE
649
R7 - Resolutions
R7O A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Change
Order No. 3 To David Mancini & Sons, lnc., Dated June 10, 2015; Said Change Order,
ln The Amount Of $71,600, For Additional Scope For 77th Street Bridge Repair And
Watermain Replacement For Biscayne Point Neighborhood Right-Of-Way lmprovements
Project, As Part Of A Flood Mitigation Project On Crespi Boulevard.
(Public Works)
(ltems to be Submitted in Supplemental)
Agenda ltem R? O650
THIS PAGE INTENTIONALLY LEFT BLANK
651
R7 - Resolutions
R7P A Resolution Accepting A Utility Easement From Aqua Master Association, lnc., Owner
Of The Property Located At 201 Aqua Avenue, For The Construction, lnstallation,
Maintenance, Repair, And Replacement Of Water Mains.
(Public Works)
(ltem to be Submitted in Supplemental)
Aoenda ltem R7 P
Date-ED:IT652
THIS PAGE INTENTIONALLY LEFT BLANK
653
R9
NEW BUSINESS
AND
COMMISSION REQUESTS
654
r.-,.-,
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the fiity Commission
From: Rafael E. Granado, City Clerk
1ADate: June 10,2015
Subject: BOARDS AND COMMITTEES
ADMINISTRATION RECOMMENDATION:
That appointments be made as indicated.
ANALYSIS:
Attached are the applicants that have filed with the City Clerk's Office for Board and Committee appointments.
BOARD OR COMMITIEE: TOTAL MBRS. APPOINTED By:
Ad Hoc committee centennial celebration 7 commissioner Jonah M.
Wolfson
TOTAL VAC Page #
11
Affordable Housing Advisory Committee 18 City Commission
Budget Advisory Committee City Commission
Convention Center Advisory Board Mayor Philip Levine 13
Disability Access Committee L4 Commissioner M icky Steinberg 16
Health Advisory Committee 11 City Commission L7
Hispanic Affairs Committee Commissioner Micky Steinberg 19
Housing Authority Mayor Philip Levine 21
LGBT Advisory Committee 15 Commissioner Deede Weithorn 22
Marine and Waterfront Protection Authority t4 Mayor Philip Levine
Commissioner Ed Tobin
L23
t23
Miami Beach Commission For Women Commissioner Ed Tobin 2B
Miami Beach CulturalAfts Council 11 City Commission 30
City Commission
Mayor Philip Levine
131
1?1
Agenda ltem R ?A_ -
oate 6-lo-tf
Miami Beach Human Rights Committee 11
655
Production Industry Council 7 Mayor Philip Levine 74t
Transportation, Parking, Bicycle-Pedestrian 7 Mayor Philip Levine I 43
Facilities Committee
F:\CLER\COMMON\2015\06102015 CM\R9A\RgA Commission
Memorandum For Vacancies By Board And Committees.Doc
656
VACANCY REPORT
Affordable Housing Advisory Committee
Budget Advisory Committee
Committee for Quality Education in Miami Beach
Health Advisory Committee
Miami Beach CulturalArts Council
Miami Beach Human Rights Committee
6
1
2
4
2
'1
18
9
9
1'1
11
11
Design Review Board
LGBT Advisory Committee
Marine and Waterfront Protection Authority
Miami Beach Commission For Women
14
21
Ad Hoc Committee Centennial Celebration
Disability Access Committee
Hispanic Affairs Committee
14
7
Convention Center Advisory Board
Housing Authority
Marine and Waterfront Protection Authority
Miami Beach Human Rights Committee
Production lndustry Council
Transportation, Parking, Bicycle-Pedestrian Facilities
Committee
7
5
14
11
7
7
Tuesday, June 02, 2015 657
r.-,.-,---
Boards and Committees Current Members
Ad Hoc Commiftee Centennial Celebration 2014-28531
Composition:
The members of this Ad-Hoc Commitee shall have the duty to provide ideas and recommendations pertaining to all matters with
respect to events and activities related to the City of Miami Beach Centennial on March 26,2015, and who shall report to and
receive direction from the City Commission, and which shall be comprised of seven (7) members who are direct appointments by
the Mayor and City Commission with terms of membership to begin on July 31 , 2013 and expiring on July 31, 201'S'(subject to
earlier or later sunset by the City Commission). Pursuant to Resolution 2014-28531 adopted on March 5,2014, the committee
was extended through July 31, 2015.
City Liaison: Max Sklar
Vacancy:
To replace Jay Dermer
Members:
0713112015 Commissioner Jonah M.
Wolfson
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Carmen
(Maria)
Dawn
George
Ray
Reagan
Sheila
Lopez
McCall
Neary
Breslin
Pace
0713112015 CommissionerMickySteinberg
0713112015 CommissionerJoyMalakoff
0713112015 CommissionerDeedeWeithom
0713112015 CommissionerMichaelGrieco
0713112015 Mayor Philip Levine
0713112015 Commissioner Ed Tobin-Lehrman
Applicants
Brian Falk
Dr. Barry Ragone
MerylWolfson
Applicants
Dennis Mouyios
Lisa Almy
Tuesday, June 02, 2015 1 of45658
Boards and Committees Current Members
Affordable Housing Advisory Committee Sec.2-167
Composition:
The committee shall consist of eighteen (18) voting members with two-year terms.
Seven (7) members of the Affordable Housing Advisory Committee shall be direct appointments, one made by the Mayor and
each Commissioner.
The direct appointee shall either be:(i) a resident of a locally designated community development target area for a minimum of six months; or(ii) demonstrate ownership/interest for a minimum of six months in a business established in a locally designated
community development target area for a minimum of six months.
The remaining eleven (1 1) members shall be appointed at-large by a majority vote of the Mayor and City Commission, as follows:
One citizen:
]. One citizen actively engaged in the residential home building industry in connection with affordable housing;
?. 9n" citizen actively engaged in the banking or mortgage banking industry in connection with affordable housing;
3. One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable
housing;
1. 9n" citizen actively engaged as an advocate for low-income persons in connection with affordable housing;
5. One citizen actively engaged as a for-profit provider of affordable housing;
6. one citizen actively engaged as a not-for-profit provider of affordable housing;
Z. 9n" citizen actively engaged as a real estate professional in connection with affordable housing;
8. One citizen who actively serves on the local planning agency pursuant to Florida Statute S163.4174 (planning Board
member);
9. One citizen who resides within the jurisdiction of the local governing body making the appointments;
10. One citizen who represents employers within the jurisdiction;
11. One citizen who represents essential services personnel, as defined in the local housing assistance plan.
lf the City, due to the presence of a conflict of interest by prospective appointees, or other reasonable factor, is unable to appoint
a citizen actively engaged in these activities in connection with affordable housing, a citizen engaged in the activity without
regard to affordable housing may be appointed.
City Liaison: Richard Bowman
Vacancy:
Vacant
To replace Stephanie Berman
To replace Jeremy Glazer
To replace Frank Kruszewski
To replace Robert Saland
To replace David Smith
Members:
(1 1 ) Represents Essential
Services Personnel
(6) Not for Profit
(4) Low-lncome Advocate
(8) Actively Serves on Local
Planning Agency
(1) Residential Home Building
(3) Represents Areas of Labor
ln Connection with Affordable
Housing
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t2016
12t31t2016
12t31t2015
12t31t2016
12t31t201s
12t31t2015 1213112020
First Name Last Name PositiorVTitle:Term Ends:
12t31t2015
12t31t2016
12t31t2016
12t31t2015
Term Limit:
12t31t2021
12t31t2020
12t31t2020
12t31t2021
2of45
Alexander
Allison
David
Jane
Orlofsky
Stone
Smith
(5) For Profit Provider
(2) Actively Engaged in
Banking/Mortgage lndustry
Commissioner Micky Steinberg
City Commission
City Commission
Commissioner Jonah M.
Wolfson
Hayes
Tuesday, June 02, 2015 659
r.-,.-,
I-----=::-:--::'-:. -
Boards and Committees Current Members
First Name Last Name Position/Title:Term Ends:Term Limit:
Karen
Keren
Laurence
Mayela
Michael
Michael
Seth
Suzanne
Fryd
Bajaroff
Henup TL
Mueller
Feldman
Bernstein
Feuer
Hollander
(1 0) Represents Employers
With Jurisdiction
(9) Resides with Jurisdiction of
LocalGoverning Body
(7) Real Estate Professional
Commissioner Joy Malakoff
Commissioner Ed Tobin
City Commission
Mayor Philip Levine
City Commission
12t31t2015
12t31t20't6
12t31t2015
12t31t2016
12t31t2016
12t31t2021
12t31t2022
12t31t2015
12t31t2021
12t31t2022
12t31t2021
12t31t2021
12t31t2019
1213112015 CommissionerDeedeWeithorn
1213112016 CommissionerMichaelGrieco
1213112015 CityCommission
Applicants
Barbara Gotlinsky
Dale Gratz
Eric Lawrence
Howard Weiss
Joseph Landesman
Juan Rojas
Prakash Kumar
Applicants
Britta Hanson
Dr. Barry Ragone
Guy Simani
Jordan Nadel
Josephine Pampanas
Lawrence Raab
Stephanie Berman
Tuesday, June 02, 2015 3of45660
r.-,.-,---
i-,:- l--
Boards and Committees Current Members
Art in Public Places Committee Sec.82-561
Composition:
Two (2) year term.
Appointed by a minimum of 4 votes.
Seven (7) members to be appointed by a majority of the entire City Commission, and who shall possess a high degree of
competence in evaluation of art history and architectural history, art, architecture, sculpture, painting, artistic structure design and
other appropriate art media for display or integration in public places.
City Liaison: Dennis Leyva
Members:
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Cathy
Chana
Janda
Byrd
Sheldon
Wetherington
1213112016 CityCommission
1213112015 CityCommission
1213112016 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112015 CityCommission
12t31t2019
12t31t2019
12t31t2016
12t31t2016
12t31t2019
12t31t2019
12t31t2018
Megan Riley
Ombretta Agro Andruff
Patricia Frost
Susan Caraballo 12131t2016 City Commission
Applicants
Adrian Gonzalez
Alexander Orlofsky
Calvin Kohli
Cindy Brown
Elizabeth Schwartz
Francinelee Hand
Keren Bajaroff
Leslie Tobin
MichaelMcManus
Mirta Limonta
Scott Robins
Vanessa Menkes
Applicants
Adrienne Krieger
Allee Newhoff
Carolyn Baumel
Dale Stine
Eric Montes de Oca
Francis Trullenque
Laura Levey
Marjorie O'Neill-Buttler
Michelle Ricci
Monica Matteo-Salinas
Susan Schemer
Veronica Camacho
Tuesday, June 02, 2015 4of45661
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Boards and Committees Current Members
Audit Committee FS 218.391 & 218.39
Composition:
The members of this Committee shall consist of seven (7) voting members, one each to be directly appointed by the Mayor and
each City Commissioner. The primary purpose of the Committee is to assist the governing body in seiecting an auditor io
conduct the annual financial audit required in FS 218.39; however, the Audit Committee may serve other audit oversightpurposes as determined by the entity's governing body.
Under FS 218.391 the committee shall:
1. Establish factors to use for the evaluation of audit services to be provided by a certified public accounting firm;
2. Evaluate proposals provided by qualified firms; and
3. Rank and recommend in order of preference no fewer than three firms deemed to be the most highly qualified to perform the
required services.
City Liaison: James Sutter
Members:
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Arthur
Dana
Deede
Marc
Michael
Ronald
Sandford
Unger
Kaufman
Weithorn
Gidney
Weil
Starkman
Horwitz
CPA
CPA
CPA
CPA
12t31t2017
12t31t2015
't2t31t2015
12t31t2017
12t31t2015
12t31t2017
12t31t2015
Commissioner Joy Malakoff
Commissioner Ed Tobin
Commissioner Deede Weithorn
Commissioner Micky Steinberg
Mayor Philip Levine
Commissioner Michael Grieco
Commissioner Jonah M.
Wolfson
FS.218.391
FS.218.391
FS.218.391
FS.218.391
FS.218.391
FS.218.391
FS.218.391
Tuesday, June 02, 2015 5of45662
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Boards and Committees Current Members
Beachfront Management PIan Ad-Hoc Advisory Group Florida Statute 5259.032(1 0)
Composition:
The City of Miami Beach leases the property eastward of the erosion control line (ECL) from the State of Florida. This lease
agreement requires the City to submit an updated land management plan every 10 years for the State's approval. The City'sland management plan, also known as the City's Beachfront Management Plan, must outline the property's uses,
management activities, and planned projects.
ln accordance with Section 259.032(10) of the Florida Statutes, the City must create an advisory group of community
stakeholders to review the updated Beachfront Management Plan and to provide comments. tneiAvisory group shitt include
representatives of: the lead land managing agency, the co-managing entities, local private property owneri, the appropriate soil
and water conservation district, a local conservation organization, and a local elected official.
The terms of the Beachfront Management Plan Ad-Hoc Advisory Group, pursuant to Resolution 2015-2gOOg, shall commence
June 1, 2015 and expire on June 1, 2016. At the April 15, 2015 City Commission meeting, the City Commission appointed
Commissioner Michael Grieco as the local elected official to the ad-hoc advisory group. The other members of the ad-hoc
advisory group shall be as follows:
Representing the lead managing agency: 1) The City's Tourism, Cultural, and Economic Development Department Direcror, or
his designee; 2) The City's Environment and Sustainability Division head, or her designee; 3) The City's Ocean Rescue Division
Chief, or his designee.
Representing Miami-Dade County, a co-managing agency: 1) An appointee of the County's Beach Operations program; and 2)
An appointee of the County's Beach Re-nourishment program.
Representing the State of Florida, a co-managing agency: 1) An appointee of the Florida Department of Environmental
Protection's Coastal Construction Control Line Program.
Representing local private property owners: 1) A member of the Sustainability Committee; 2) The Chairman of the Marine
Authority and Waterfront Protection Committee; and 3) An appointee of the Boucher Brothers.
Representing the appropriate soil and water conservation district: 1) An appointee of the South Dade Soil and Water
Conservation District.
Representing a local conservation organization: 1) Urban Conseruation Director at The Nature Conservancy.
City Liaison: Elizabeth Wheaton
Vacancy:
Vacant
Members:
FLA Dept./Environmental 06/0112016
Protection's Coastal
Construction Control Line
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Greg
Lisa
John
Elizabeth
Vincent
Steve
Daniel
Guannel
Spadafina
Ripple
Wheaton
Canosa
Boucher
Kipnis
The Nature Conservancy
Urban Conservation Director
Miami-Dade County's Beach
Renourishment Program
Miami-Dade County's Beach
Operations Program
Environment & Sustainability
Division Head or designee
Ocean Rescue Division Chief
Boucher Brothers appointee
Marine Authority & Waterfront
Protection Committee
Chairman
06/01/2016
06/01/2016
06/01/2016
06/01/2016
06/01/2016
06/01/2016
06/01/2016
06/01/2016
06/01/2016
06/01/2016
06/01/2016
06/01/2016
06t01t2016
Tuesday, June 02, 2015 6of45663
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Boards and Committees Current Members
First Name Last Name Position/Title: Term Ends: Appointed by: Term Limit:
Max Sklar Tourism, Culture & Economic 06/01/2016 06/01/2016
Development Director
Michael Grieco Local Elected Official
Steve Vincenti Sustainability Commiftee 06/01/2016 06/01/2016
Member
Tuesday, June 02, 2015 7of45664
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Boards and Committees Current Members
Board of Adjustment RSA l-2 Sec 118-131
Composition:
Two (2) year term.
Appointed by a 5/7th vote.
Seven (7) voting members composed of two members appointed as citizens at-large and five members shall be appointed from
each of the following categories (no more than one per category), namely: Law, Aichitecture, Engineering, Real Estate
Development, Certified Public Accountant, Financial Consultation, and deneral Business. The mlmbers-representing theprofessions of law, architecture, engineering and public accounting shall be duly licensed by the State of Florida; the memberrepresenting general business shall be of responsible standing in the community; the member representing the field of financial
consultation shall be a Certified Public Accountant, Chartered Financial Analyst, Certified Financial Planne-r, a Chartered
Financial Consultant or investment advisor registered with the Securities and Exchange Commission, or someone recognized ashaving similar credentials and duly licensed by the State of Florida.
Members shall be appointed for a term of two years by a 5/7th vote of the City Commission. Members of the Board of
Adjustment must be either residents of or have their principal place of business in Miami Beach; provided, however, that this
amendment shall not affect the term of existing members of the Board of Adjustment.
City Liaison: Michael Belush
Members:
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Barton
Bryan
Heidi
Larry
Noah
Richard
Richard
Goldberg
Rosenfeld TL
Tandy
Colin
Fox
Baron
Segal
Financial Advisor
CPA
At-Large
Genereal Business
Real Estate Developer
At-Large
Law
1213112015 CityCommission
1213112015 CityCommission
1213112015 CityCommission
1213'112015 CityCommission
1213112016 CityCommission
1213112016 CityCommission
1213112016 CityCommission
12t31t2019
12t31t2015
12t31t2019
12t31t2019
12t31t2018
12t31t2022
12t31t2022
Applicants
Aaron Davis
Bradley Colmer
David Wieder
Frank DelVecchio
lan Bacheikov
Jack Benveniste
Jeffrey Feldman
Jonathan Beloff
Kristen Rosen Gonzalez
Mendy Lieberman
Nelson Fox
Ray Breslin
Seth Frohlich
Applicants
Andres Asion
Brian Ehrlich
Deborah Castillo
GabrielPaez
lan Bacheikov
James Silvers
Jessica Conn
Kathleen Phang
Mark Alhadeff
Muayad Abbas
Ray Breslin
Roberta Gould
Victor Ballestas
Tuesday, June 02, 2015 8of45665
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1- r'
Boards and Committees Current Members
Budget Advisory Committee Sec.244
Composition:
Nine (9) members. Seven (7) direct appointments with Mayor and each Commissioner making one (1) appointment.
Two (2) at-large appointments:
one (1)certified public accountant and
one (1) for a financial advisor.
Please see the 'Agenda - Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations
listing current information about which applicants have actually been nominated. The "Agenda - Agenda Archives" website is
f ocated at http://miamibeachfl .gov/cityclerUscroll.aspx?id=7 2497
Alternatively, the Releases can be found by going to the City's main portal located at http://miamibeachfl.gov; and under the
CITY MEETINGS section, located on the right hand side of the webpage, click on the "Agenda - Agenda Archives" link; thereafter
choose the first listed Commission meeting, and click on City Commission At-Large Nominations.
City Liaison: John Woodruff
Vacancy:
To replace Marc Gidney
Members:
1213112016 CityCommission
First Name Last Name PosiUon/Tltle:Term Ends: Appointed by:Term Limit:
Brian
David
Dushan
Jack
John
Jonathan
Julio
Ronald
Harris
Lancz
Koller TL
Benveniste TL
Gardiner
Fryd
Magrisso
Starkman
Financial Advisor 1213112016 CityCommission
1213112016 CommissionerDeedeWeithom
1213112015 Commissioner Jonah M.
Wolfson
1213112015 CommissionerJoyMalakoff
1213112015 CommissionerMichaelGrieco
1213112015 Mayor Philip Levine
1213112016 Commissioner Ed Tobin
1213112016 CommissionerMickySteinberg
12t31t2019
12t31t2018
12t31t2015
12t31t2015
12t31t2016
12t31t2021
12t31t2021
12t31t2021
Applicants
Brett Harris
CarlLinder
Elliott Richard Alhadeff
Jason Witrock
Mario Coryell
Mirta Limonta
Regina Suarez
Stephen Zack
Applicants
Bryan Rosenfeld
Dwight Kraai
Guy Simani
John Bowes
MichaelLevine
Noah Fox
Robert Schwartz
Tuesday, June 02, 2015 9of45666
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Boards and Committees Current Members
Committee for Quality Education in Miami Beach Sec.2-190.134
Composition:
The Committee shall consist of fifteen ('15) voting members and three non-voting ex-officio members to be comprised as follows.
A representative from each of the following eight schools, selected by the Parent Teacher Association:
North Beach Elementary,
Biscayne Elementary,
Feinberg-Fisher K-8 Center,
South Pointe Elementary,
Nautilus Middle School,
Miami Beach High School,
Ruth K. Broad K-8 Center,
Treasure lsland Elementary School,
and seven (7) members of the public with knowledge or expertise with regard to education issues who shall be direct
appointments by the Mayor and City Commissioners with no more than three who can be employed or contracted by Miami-Dade
County public schools.
The City Commission shall designate two (2) of its members to serve as City Commission liaisons, who shall report to the City
Commission actions of the Committee for Quality Education. The City Manager shall further designate a member of City staffio
serve as a liaison who shall report the Commiftee's actions to the City Manager.
City Liaison: Dr. Leslie Rosenfeld
Vacancy:
Vacant
Members:
City Commission Designee 1213112016 City Commission
First Name Last Name Position/TiUe:Term Ends: Appointed by:Term Limit:
Betsy Mateu
Beverly Heller
Judith Berson-
Levinson
Karen Rivo TL
Marina Aviles
Richard Hull
Tiffany Heckler
Beth Edwards PTA Representative-Nautitus 06/30/201S
Middle School06.30.15
Elisa Leone PTA Rep. - Biscayne 06/30/2015
Elementary 06.30.14
lvette Birba PTA Rep.-Feinberg Fisher K-8 06/30/2015
06.30.15
Jessica Burns PTA Rep. South Pointe 06/30/2015
Elementary 6.30.15
John Aleman PTA Rep. -North Beach 06/30/2015
Elementary School 06.30.1 5
Rosa Neely PTA Rep. -Treasure lsland 06/30/2015
Elementary 06.30.14
Shelley Groff PTA Rep.- Miami Beach Sr. 06/30/2015
High School06.30.15
Tuesday, June 02, 2015
1213112016 Mayor Philip Levine 12131t2021
1213112015 CommissionerMickySteinberg 12t31t2016
1213112016 Commissioner Joy Malakoff 12131t2021
1213112015 CommissionerDeedeWeithorn 12t31t2015
1213112016 CommissionerMichaelGrieco 12t31t2022
1213112016 Commissioner Ed Tobin 12t31t2022
1213112015 Commissioner Jonah M. 12t31t2018
Wolfson
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Boards and Committees Current Members
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Tamar
Dr. Elsa Orlandini
Hicham Moujahid
lvan Montes
Keren Bajaroff
Laurie Kaye Davis
Tashaunda Washington
Oppenheimer PTA Rep. - Ruth K. Broad K-8 06/30/2015
Applicants
Eric Montes de Oca
lvan Montes
Joanna-Rose Kravitz
Kristen Rosen Gonzalez
Lynette Long
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Boards and Committees Current Members
Committee on the Homeless Sec.2-161
Composition:
The Committee shall consist of nine (9) members, three (3) to be appointed by the Mayor and each Commissioner to appoint one
(1 ).
Each member of the Committee shall be selected from membership in an organization such as, but not limited to the following:
Service Providers:
Douglas Gardens Community Mental Health,
Salvation Army,
Better Way,
Miami-Dade County Homeless Trust;
Civic Representation: North Beach (North Beach Development Corporation), 41st Street (Middle Beach Partnership), Lincoln
Road(Marketing Council), Washington Avenue (Miami Beach Development Corporation and/or Washington Avenue Task Force),
Ocean Drive (Ocean Drive lmprovement Association), Collins Avenue (Hotel Association), South Pointe (South Pointe Advisory
Board to the Redevelopment Agency); member of the general public with personal experience with homeless issues; CDBG
Project Coordinator (ESG Emergency Shelter Grant Provider), City officials, representative from the Police Department and the
City Attorney's Office as ex-officio members.
City Liaison: Alexandra Gorfinkel
Members:
First Namo Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Calvin
Daniel
Debra
Freddy
Gail
Jonathan
Lior
Monica
Valerie
Kohli
Nagler
Schwartz
Funes
Harris
Kroner
Leser
Fluke
Navarrete
12t31t2016
12t31t2015
12t31t2015
12t31t2016
12t31t2016
12t31t2015
12t31t2016
Commissioner Joy Malakoff
Mayor Philip Levine
Mayor Philip Levine
Commissioner Micky Steinberg
Commissioner Ed Tobin
Commissioner Michael Grieco
Commissioner Jonah M.
Wolfson
1213112015 Mayor Philip Levine 1213112022
1213112015 CommissionerDeedeWeithorn 1213112022
12t31t2022
12t31t2021
12t31t2021
12t31t2021
12t31t2016
12t31t2017
12t31t2021
Applicants
Dale Gratz
Eda Valero-Figueira
MaguiBenitez
Monica Casanova
Rocio Sullivan
Stephanie Berman
Applicants
Deborah Robins
Helen Swartz
Mark Wylie
Muayad Abbas
Rosalie Pincus
Zeiven Beitchman
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Boards and Committees Current Members
Convention Center Advisory Board
Composition:
The Board shall consist of seven (7) voting members.
The Mayor and each Commissioner shall make one (1) direct appointment.
The Chairperson of the Board of Directors of the Miami Beach Chamber of Commerce or his/her designee shall serve as a non-
voting ex-offi cio member.
The Chairperson of the Board of Directors of the Greater Miami Convention and Visitors Bureau or his designee shall serve as a
non-voting ex-officio member.
Administrative representatives from the management group, Greater Miami Convention and Visitors Bureau, and the City
Manager's office shall serye as non-voting ex-officio members.
City Liaison: Max Sklar
Vacancy:
To replace Tony Rodriguez
Members:
1213112016 Mayor Philip Levine
Sec.246
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
David
Elizabeth
Joshua
Matt
Kahn
Resnick
Levy
Hollander
Jacqueline Hertz
Jared Galbut
Michael Goldberg
Roger Abramson
Ita Moriarty
1213112016 Commissioner Ed Tobin
12131120'15 Commissioner Jonah M.
Wolfson
1213112015 CommissionerMickySteinberg
1213112015 CommissionerDeedeWeithom
1213112016 CommissionerMichaelGrieco
1213112015 CommissionerJoyMalakoff
12t31t2022
12t31t2020
12t3',U2021
12t31t2021
12t31t2021
12t31t2016
Ex-officio, GMCVB Admin.
Rep.
Ex-officio, Chair Bd. Dir. MBCC
Ex-offi cio, Global Spectrum
Admin. Rep.
Applicants
Barbara Gotlinsky
Gayle Durham
James Weingarten
Jeff Cynamon
Karen Brown
Lawrence Raab
Mark Wohl
Michael Bernstein
Victor Ballestas
Applicants
Carl Linder
Howard Weiss
Jeff Cynamon
Jeff Cynamon
Keren Bajaroff
Lee Zimmerman
Mark Wylie
Nawaz Gilani
Tuesday, June 02, 2015 13 of 45670
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Boards and Committees Current Members
Design Review Board Sec. 118.71
Composition:
Two (2) year term.
Appointed by a minimum of 4 votes.
Seven (7) regular members shall consist of:
1. Two architects registered in the United States;
2. An architect registered in the State of Florida or a member of the faculty of the school of architecture, urban planning, or urban
design in the State, with practical or academic expertise in the field of design, planning, historic preservation oi tne nisiory ot
architecture, or a professional practicing in the fields of architectural design, or urban planning;
3. One landscape architect registered in the State of Florida;
4. One architect registered in the United States, or a professional practicing in the fields of architectural or urban design, or urbanplanning, or a resident with demonstrated interest or background in design issues; or an attorney in good standing licensed topractice law within the United States; and
5. Two citizens at-large.
One person appointed by the City Manager from an eligibility list provided by the Disability Access Committee shall serve in an
advisory capacity with no voting authority. The Planning Director or designee, and the City Attorney or designee, shall serve in an
advisory capacity.
Residency and place of business in the county. The two (2) citizens at-large members, one of the registered landscape
architects, registered architects, professional iesigners andlor professionJl urban planners shall be fisidents of the iity.
City Liaison: Deborah Tackett
Vacancy:
Vacant
Memberc:
Ex-Officio/Disability Access
Committee
City Manager Jimmy L.
Morales
12t31t2016
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Annabel
Carol
Deena
Elizabeth
John
Kathleen
Michael
Eve
Thomas
Delgado-
Hanington
Housen
Bell
Camargo
Turchin
Phang
Steffens
Boutsis
Mooney
12t31t2015
12t31t2016
12t31t2015
12t31t2015
12t31t2015
12t31t2016
12t31t2016
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t2019
12t31t2016
't2t31t2020
12t31t2019
12t31t2019
12t31t2019
12t31t2020
Registered Architect
At-large
Landscape Architect
Registered Architect
At-Large
Attorney
Registered Architect
Advisory/City Attomey
Designee
Advisory/Planning Dept.
Director
Applicants
Andres Asion
Brian Ehrlich
Christina LaBuzetta
DanielHertzberg
David Kahn
Francinelee Hand
Tuesday, June 02, 2015
Applicants
Alexander Orlofsky
Bradley Colmer
Bryan Rosenfeld
Clotilde Luce
David Smith
Deborah Castillo
Jean-Francois Lejeune
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Boards and Committees Current Members
Jeffrey Cohen
Jessica Conn
Marina Novaes
NealDeputy
Seth Frohlich
Stacy Kilroy
Terry Bienstock
Victor Ballestas
Jeffrey Feldman
Joseph Furst
Matthew Krieger
Nelson Fox
Seth Wasserman
Suzanne Hollander
Victor Morales
Tuesday, June 02, 2015 15 of 45672
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Boards and Committees Current Members
Disability Access Committee 2006-3500 s 2-31
Composition:
The disability access committee shall be composed of 14 voting members; the mayor and each city commissioner shall maketwo direct appointments. A quorum shall consist of eight members. Formal action of the board shail require at least eight votes.consideration shall be given, but not be limited to, the following categories:
Persons having mobility impairment;
Deaf and/or hard-of-hearing persons in the community;
Blind and/or vision-impaired persons in the community;
Mental, cognitive or developmental disabilities; and
The industries of tourism and convention, retail, hospitality (restaurant or hotel), and health care (or rehabilitation).
The city attorney's office shall provide legal counsel.
City Liaison: Valeria Mejia
Vacancy:
To replace Susana Maroder-
Rivera
Members:
1213112016 CommissionerMickySteinberg
First Name Last Name PosiUon/Title:Term Ends:Appointed by:Term Limit:
David
David
Dr. Elsa
Dr. Susan
Helen
Lawrence
Leif
Maria
Matthew
Oliver
Russell
Sabrina
New TL
McCauley
Orlandini
Solman
Swartz
Fuller
Bertrand
Koller
Meyer
Stern
Hartstein
Cohen
12t31t2015
12t31t2016
12t31t2016
12t31t2l'.t5
12t31t2015
12t31t2015
12t31t2015
12t31t2016
Commissioner Deede Weithom
Commissioner Joy Malakoff
Commissioner Michael Grieco
Commissioner Deede Weithom
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Jonah M.
Wolfson
Commissioner Jonah M.
Wolfson
1213112015 Commissioner Ed Tobin 12t31t2020
1213112016 CommissionerMichaetGrieco 12t31t2021
1213112015 Mayor Philip Levine 12t31t20't9
1213112016 Commissioner Ed Tobin 12t31t2O17
12t31t2015
12t31t2020
12t31t2021
1231t2019
12t31t2018
12t31t2021
12131t2021
12t31t2022
Wendy
Applicants
Allison Stone
Jarred Relling
Zachary Cohen
1213112016 Mayor Philip Levine
Applicants
Britta Hanson
RafaelTrevino
12t31t2016
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Boards and Committees Current Members
Health Advisory Committee Sec.2-81 2002-3358
Composition:
Eleven (1 1) voting members appointed by the City Commission at-large upon recommendations of the City Manager:
One (1) member shall be the Chief Executive Officer (CEO's) or a designated administrator from Mount Sinai Medical Center;
One (1) member shall be the Chief Executive Officer (CEO) from Miami Beach Community Health Center or his/her designee
administrator;
Two (2) members shall be an administrator from an Adult Congregate Living Facility (ACLF), and/or an Assisted Living Facility
(ALF);
One (1) member shall be a representative from the nursing profession;
One (1) member shall be a health benefits provider;
Two (2) members shall be physicians;
Two (2) members shallbe consumers consisting of:
1. One (1) individual from the corporate level and;
2. One (1) private individual;
One member shall be a physician or an individual with medical training or experience.
There shall be one (1) non-voting ex-officio representative from each of the following: The Miami-Dade County Health
Department, the Health Council of South Florida, and the Fire Rescue Department. The director of the Office of the Children's
Affairs shall be added as a non-voting ex-officio member of the board.
City Liaison: Sonia Bridges
Vacancy:
Vacant
To replace Dr. David Farcy
To replace Anthony Japour
To replace Dr. Daniel Nixon
To replace Rachel Schuster
Members:
Ex-Officio Fire Rescue
Department
Private lndividual
ACLF
Corporate lndividual
ACLF
12t31t2018
12t31t2015
12t31t201s
12t31t2015
12t31t2016
City Commission
City Commission
City Commission
City Commission
First Name Last Name Positior/Title:Term Ends:Appointed by:Term Limit:
Dr. Todd
Jeremy
Marisel
Mark
Richard
Stacey
Steven
Tobi
Maria
Narson
Green
Losa
Rabinowitz
Cuello-Fuentes
Kruger
Sonenreich
Ash TL
Ruiz
12t31t2015
12t31t2016
12t31t2016
12t31t2016
12t31t2016
12t31t2016
12t31t2016
12t31t2015
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t2016
12t31t2019
12t31t2022
12t31t2016
12t31t2020
12t31t2015
Health Provider
Physician
Ex-Officio, Miami-Dade County
Health Department
CEO, Miami Beach Community
Health
Physician
Physician
CEO, Mt. Sinai MedicalCenter
(NrL)
Nursing Profession
Ex-Officio, Director of
Children's Affairs
Applicants
Christine Butler
Kara White
MichaelHall
Zachary Cohen
Tuesday, June 02, 2015
Applicants
Jared Plitt
Maura Shiffman
Richard Awdeh
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Boards and Committees Current Members
Health Facilities Authority Board Sec. 2-111
Composition:
Four (4) year terms.
Five (5) members shall consist of:
Two (2) health providers;
One (1) individual in the field of general business who possesses good standing in the community;
One (1) accountant;and
One (1) attorney;
The Chairperson of the Health Advisory Board shall serve as a non-voting advisor to the Authority. Members shall be residents of
the City.
Florida Statute 154.207 No term Limits.
City Liaison: Patricia Walker
Members:
First Name Last Name Position/Tiile:Term Ends: Appointed by:Term Limit:
Arthur Unger Accountant
Mark Sinnreich Health Provider
Michael Hall Health Provider
Robert Hertzberg Attomey
Sidney Goldin General Business
06/19/2016 CityCommission
06/19/2016 CityCommission
06/19/2018 CityCommission
0011912017 City Commission
0611912018 CityCommission
FS.154.207
FS.154.207
FS.154.207
FS.154.207
F5.154.207
FS.154.207Steven Sonenreich Chairperson, Health Advisory 12t31t2016
Board
Applicants
David Berger
Dr. Elsa Orlandini
Richard Cuello-Fuentes
Zachary Cohen
Applicants
Dr. David Farcy
Rachel Schuster
Rosalie Pincus
Tuesday, June 02, 2015 18 of 45675
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Boards and Committees Current Members
HispanicAffairs Committee Sec.2-190.21
Composition:
The Committee shall consist of seven (7) members, with the Mayor and each Commissioner making one (1) appointment.
City Liaison: Nannette Rodriguez
Vacancy:
To replace David Cardenas
Members:
1213112016 CommissionerMickySteinberg 12t31t2021
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Alex
Ana Cecilia
Antonio
Christina
Francis
Veronica
Femandez
Velasco
Purrinos
LaBuzetta
Trullenque TL
Camacho
1213112015 CommissionerDeedeWeithorn
1213112016 CommissionerMichaelGrieco
1213112016 Commissioner Jonah M.
Wolfson
1213112016 Mayor Philip Levine
1213112015 Commissioner Ed Tobin
1213112015 CommissionerJoyMalakoff
12t31t202',1
12t31t2021
12t31t2016
12t31t2021
12t31t2015
12t31t2021
Applicants
David Cardenas
lsraelSands
Leonor Femandez
Regina Suarez
Applicants
Eneida Mena
Josephine Pampanas
RafaelTrevino
Tuesday, June 02, 2015 19 of 45676
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Boards and Committees Current Members
Historic Preseruation Board Sec.118-101
Composition:
Two (2) year term, appointed by a minimum of four (4) votes.
Seven (7) members with one member from each of the following categories:
1. A representative from the Miami Design Preservation League (MDPL) selected from three names nominated by the League;
2. A representative from Dade Heritage Trust (DHT) selected from three names nominated by the Trust;
3' Two at-large members who have resided in one of the City's historic districts for at least one year, and have demonstrated
interest and knowledge in architectural or urban design and the preservation of historic building-s;
4. An architect registered in the State of Florida with practical experience in the rehabilitation oi historic structures;
!. A1 glcnjtect registered in the United States, a landscape architect registered in the State of Florida, a professional practicing in
the field of architectural or urban design or urban planning, each of the foregoing with practical experience in the rehabilitation of
historic structures; or an attorney at law licensed to practice in the United States, or an engineer licensed in the State of Florida,
each of the foregoing with professional experience and demonstrated interest in historic pieservation;
6. A member of the faculty of a school of architecture in the State of Florida, with academic expertise in the field of design and
historic preservation or the history of architecture, with a preference for an individual with praciical experience in architecture and
the preservation of historic structures.
All members of the Board except the architect, engineer, landscape architect, professional practicing in the field of architectural
or urban design or urban planning and university faculty members of the Board, shall be residents oi tfre City; however, the City
Commission may waive this requirement by a 5/7th vote, in the event a person not meeting these residency requirements is
available to serve on the Board and is exceptionally qualified by training and/or experience in historic preservation matters.
City Liaison: Deborah Tackett
Members:
First Name Last Name PositiorVTitle:Term Ends: Appointed by:Term Limit:
David
Jane Gross Dade Heritage
John Stuart Registered Architect
Scott Needelman MDPL
Wyn Bradley Faculty Member
1213112015 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112016 CityCommission
1213112015 CityCommission
Wieder TL Attorney 12t31t2015
12t3112016
12t31t2015
12t31t2016
12t31t2019
12t31t2020
12t31t2019
Dominique Bailleul
Herb Sosa TL
At Large
At Large
Applicants
Andrew Nelson
Deborah Castillo
Dr. Morris Sunshine
Jean-Francois Lejeune
Jennifer Lampert
Marina Novaes
MichaelSteffens
Raymond Adrian
Stephen Sauls
Applicans
Bradley Colmer
Dona Zemo
Elizabeth Camargo
Jeffrey Cohen
Kathleen Phang
Mark Alhadeff
NealDeputy
Samuel Rabin, Jr.
William Lane
Tuesday, June 02, 2015 20 of 45677
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Boards and Committees Current Members
Housing Authority
Composition:
Four year appointment.
Five (5) members appointed by the Mayor.
Appointments must be confirmed by the City Commission.
At least one (1) member shall be a resident who is current in rent in a housing project, or a person of low or very low income who
resides within the Housing Authority's jurisdiction and is receiving rent subsidy through a program administered by the authority
or public housing agency that has jurisdiction for the same locality served by the Housing Authority, which member shall be
appointed at the time a vacancy exists.
City Liaison: Maria Ruiz
Reso 7031 421.05 FS
Vacancy:
To replace Raymond Adrian
Members:
Housing Authority
Commissioner
1213112016 Mayor Philip Levine
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Dr. Barry
Eugenio
Leonor
Peter
Ragone
Cabreja
Fernandez
Chevalier
Housing Authority
Commissioner
Tenant Commissioner
Housing Authority
Commissioner
Housing Authority
Commissioner
101'1112017 Mayor Philip Levine
1011112016 Mayor Philip Levine
1011112017 Mayor Philip Levine
1011112015 Mayor Philip Levine
10t1'u2021
10t11t2018
10t11t2021
10t't1t2019
Applicants
Barbara Gotlinsky
Jay Dermer
Applicants
Christina LaBuzetta
Prakash Kumar
Tuesday, June 02, 2015 21 of 45678
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Boards and Committees Current Members
LGBT Advisory Committee 201 5-3931
Composition:
The Committee shall consist of fifteen (15) voting members, with three (3) members to be directly appointed by the Mayor, and
two (2) members to be directly appointed by each City Commissioner. Notwithstanding the preceding sentenie, tne initial
membership of the Committee shall be comprised of those current members of the Mayor's Gay Business Development
Committee, choosing to serve on the Committee, with any additional members (as required to complete the total number of
members of the Committee) to be appointed at-large by a majority vote of the City Commission.
City Liaison: Vania Pedraja
Vacancy:
To replace Marivi lglesias
Members:
1213112015 CommissionerDeedeWeithorn 12t31t2018
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Chad
Cindy
Dale
David
Edison
Elizabeth
Gayle
James
Jorge
Laura
Mark
Michael
Nelida
Thomas
Richter
Brown
Stine
Leeds
Farrow
Schwartz
Durham
Weingarten
Richa
Veitia
Wylie
Bath
Barrios
Barker
12t31t2016
12t31t2019
12t31t2017
12t31t202',1
12t31t2016
12t31t2021
12t31t2022
12t31t2021
12t31t2017
12t31t2016
12t31t2021
12t31t2017
12t31t2016
12t31t2016
1213112016 Commissioner Ed Tobin
1213112015 CommissionerJonahM.
Wolfson
1213112016 Commissioner Jonah M.
Wolfson
1213112016 Mayor Philip Levine
1213112015 CommissionerMickySteinberg
1213112016 CommissionerJoyMalakoff
1213112015 CommissionerMichaelGrieco
1213112015 Commissioner Ed Tobin
1213112015 Mayor Philip Levine
1213112016 CommissionerMichaelGrieco
1213112015 Mayor Philip Levine
1213112016 CommissionerMickySteinberg
1213112016 CommissionerDeedeWeithorn
1213112015 CommissionerJoyMalakoff
Applicants
Eric Hirsch
Karen Brown
RafaelTrevino
Ronald Wolff
Stephen Fox, Jr.
Walker Burttschell
Applicants
Janed Relling
Otiss (Arah) Lester
Rebecca Boyce
Ronald Wolff
Steven Adkins
Tuesday, June 02, 2015 22 of 45679
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Boards and Committees Current Members
Marine and Waterftont Protection Authority Sec.2-190.46
Composition:
The Marine and Waterfront Protection Authority shall consist of fourteen (14) voting members, who shall be direct appointments
with the Mayor and city commissioners, each having two (2) direct appointments.
Appointments to the Authority shall consist of a combination of individuals who have had previous experience in:
1. The operation or inspection of marine facilities, including experience in various types oi marine vessels and boating activities;
and/or
2. who have an interest in preservation of the city's beaches and waterfronts.
The members of the Authority shall have the right and duty to consult with any member of the City Administration for technical orother information pertaining to the matters before them.
City Liaison: Mercedes Carcasses
Vacancy:
To replace William Cahill
To replace Monica Casanova
Members:
12t31t2015
12t31t2016
Commissioner Ed Tobin
Mayor Philip Levine
Firct Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Addison
Albert
Barbara
Daniel
Sammet
Parron
Herskowitz
Kipnis
Dr. Morris Sunshine
Dr. Ronald Shane
Lizette Lopez
Manon "Marie" Hernandez
Maurice Goodbeer
Robert Schwartz
Robert Christoph, Jr.
Sasha Boulanger
Stg. Luis Sanchez ex-officio MB Marine Patrol
Commissioner Deede Weithom
Mayor Philip Levine
Commissioner Micky Steinberg
Commissioner Jonah M.
Wolfson
Commissioner Michael Grieco
Commissioner Joy Malakoff
CommissionerJonah M.
Wolfson
Commissioner Deede Weithorn
Commissioner Micky Steinberg
Commissioner Joy Malakoff
Commissioner Michael Grieco
Commissioner Ed Tobin
12t30t2015
12t30t2015
12t31t201s
12t31t2015
12t31t2016
12t31t2015
12t31t2016
12t31t2016
12t31t2016
12t31t2016
12t31t2016
12t31t2015
12t31t2021
't2t31t2021
12t31t2021
12t31t2016
12131t2021
12t31t2021
12t31t2022
12t31t2022
12t31t2019
12t31t2021
12t31t2022
12t31t2018
Applicants
Adrian Gonzalez
Jeff Cynamon
Jeff Cynamon
Joel Aberbach
Julio Magrisso
MichaelRitger
Michael Levine
Yael Sade
Applicants
Eric Lawrence
Jeff Cynamon
Jennifer Lampert
John Kanter
Mayela Mueller
MichaelHall
MichaelHall
Tuesday, June 02, 2015 23 of 45680
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Boards and Committees Current Members
Mayo/s Blue Ribbon Panelon Flooding and Sea Rise Sec.2-23 (b)
Composition:
The Mayor's Blue Ribbon Panel on Flooding Mitigation is created pursuant to the Mayor's authority to establish Blue Ribbon
Panels under Section 2'23(b) of the City Code. The Panel shall have the purpose of overseeing the City's response to flooding,
including storm water and the effects of sea level rise, and assisting with the implementation oia compiehensive flood
management plan for the City of Miami Beach.
The Panel shall initially consist of three (3) members, all of whom shall be appointed by the Mayor to serve for a term of one (1)
year.
The membership of the Panel may be increased to five (5) total members, at the discretion of the Mayor.
City Liaison: Bruce Mowry
Members:
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Dr. Michael
Dwight
Scott
Phang TL
KraaiTL
Robins TL
1111712015 Mayor Philip Levine
1'111712015 Mayor Philip Levine
111'1712015 Mayor Philip Levine
11t17t2015
11t17t2015
11t17t2015
Applicants
Stephen Sauls
Applicants
Tuesday, June 02, 2015 24 of 45681
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: : ''i I'
Boards and Committees Current Members
Mayofs Blue Ribbon Panelon North Beach Revitalization Sec.2-23 (b)
Composition:
The Mayor's Blue Ribbon Panel on North Beach Revitalization is created pursuant to the Mayor's authority to establish Blue
Ribbon Panels under Section 2-23(b) of the City Code. The Panel shall have the purpose of overseeing the City's North Beach
Revitalization consistent with the North Beach Master Plan.
The Panel shall initially consist of three (3) members, all of whom shall be appointed by the Mayor to serve for a term of one (1)
year.
The membership of the Panel may be increased to five (5) total members, at the discretion of the Mayor.
City Liaison: Jeff Oris
Members:
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Daniel
Margueritte
Veitia
Ramos
Aniola
03t02t2016
03t02t2016
03t02t2016
Mayor Philip Levine
Mayor Philip Levine
03t02t2016
03t02t2016
03t02t2016Philip Levine
Tuesday, June 02, 2015 25 of 45682
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Boards and Committees Current Members
Mayo/s BIue Ribbon Panel on Washington Avenue Sec.2-23(b)
Composition:
The Mayo/s Blue Ribb_on Panel on Washington Avenue is created pursuant to the Mayor's authority to establish Blue Ribbon
Panels under Section 2-23(b) of the City Code. The Panel shall have the purpose of overseeing tne City's initiatives and efforts to
revitalize Washington Avenue from Sth Street to Lincoln Road.
The Panel shall inititally consist of (4) members, all of whom shall be appointed by the Mayor to serve for a term of one (1) year.
The membership of the Panel may be increased to five (5) total members, at the discretion of the Mayor.
City Liaison: Rogelio Madan
Members:
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Brian
Eric
Lyle
Saul
Falk TL
Lawrence TL
Stern TL
Gross TL
0710912015 Mayor Philip Levine
0710912015 Mayor Philip Levine
0710912015 Mayor Philip Levine
0710912015 Mayor Philip Levine
07t09t2015
07t09t2015
07t09t2015
07t09t2015
Applicants
Andrew Nelson
Applicants
Tuesday, June 02, 2015 26 of 45683
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Boards and Committees Current Members
Mayo/s Ocean Drive Task Force
Composition:
The Task Force shall consist of no more than nine (9) members, all of whom shall be appointed by the Mayor to serve for a term
of 90 days. The "Task Force," shall have the purpose of studying and making recommendations as to howto improve the
experience for residents and visitors on ocean Drive from 5th to 15th street.
City Liaison: Fatima Perez
Members:
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Section 2-27(b)(2)
Frank
Alex
Jonathan
Jonathan
Steve
Frank
Joyce
Mitch
Reagan
Nicholas
Amadeo TL
TonarelliTL
Bennett TL
Plutzik TL
Boucher TL
KruszewskiTL
Garret TL
Novick TL
Pace TL
Kallergis Liaison Alternate
08t31t20't5
08t31t2015
08/31/2015
08/31/2015
08t31t2015
08t31t2015
08t31t2015
08t31t2015
08/31/2015
08/31/2015
08t31t2015
08/31/2015
08t31t2015
08t31t2015
08/31/2015
08/31/2015
08t31t2015
08i31/20'15
08t31t2015
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Ricardo Dopico TL Alternate 09t31t201s Mayor philip Levine
Applicants
Alessandro Tonarelli
Applicants
Ricardo Dopico
Tuesday, June 02, 2015 27 of 45684
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-
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Boards and Committees Current Members
Miami Beach Commission For Women
Composition:
Twenty-one (2 1 ) members.
Each of the seven (7) members of the City Commission shall appoint three (3) members.
City Liaison: Leonor Hernandez
2007-3570 S 2190-1
Commissioner Ed Tobin
Commissioner Ed Tobin
Vacancy:
To replace Gertrude Arfa
To replace Nikki Weisburd
Members:
12/31t2016
12t31t2016
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Adrienne Krieger
Carrie Wiesenfeld
Debra (Debi) Quade
Dona Zemo
Dr. Corey Narson
Francinelee Hand
Heather Davis
Jessica Conn
Jill Shockett
Karen Edelstein TL
Laurie Kaye Davis
Leslie Coller TL
Lindsay Genet
Mercedes Carlson
Regina Suarez
Regina
Roberta
Tiffany
Vanessa
Berman
Gould TL
Lapciuc
Menkes
12t31t2016
12t31t20',t6
12t31t2015
12t31t2016
12t31t2015
12t31t2015
12t31t2015
12t31t2016
12t31t2016
12t31t2015
12t31t2016
12t31t2021
12t31t2021
12t31t2019
12t31t2021
12t31t2021
12t31t2016
12i31t2021
12t31t2019
12t31t2022
12t31t2015
12t31t2021
12t31t2015
10t31t2021
12t31t2018
12t31t2017
12t31t2017
12t31t2015
12t31t2017
12131t2020
Commissioner Joy Malakoff
Commissioner Michael Grieco
Commissioner Micky Steinberg
Mayor Philip Levine
Commissioner Micky Steinberg
Commissioner Joy Malakoff
Commissioner Ed Tobin
Commissioner Jonah M.
Wolfson
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Jonah M.
Wolfson
1213112015 CommissionerDeedeWeithorn
1213112016 CommissionerMichaelGrieco
1213112015 CommissionerMichaelGrieco
1213112015 CommissionerJonahM.
Wolfson
12131120'16 Mayor Philip Levine
1213112015 CommissionerDeedeWeithom
1213112015 Mayor Philip Levine
1213112015 CommissionerDeedeWeithom
Applicants
Allee Newhoff
Bonnie Crabtree
Christina LaBuzetta
Eda Valero-Figueira
Eneida Mena
Jenifer Caplan
Joanna Popper
Joyce Garret
Tuesday, June 02, 2015
Applicants
Barbara Kaufman
Britta Hanson
Dale Gratz
Elizabeth Resnick
Helen Swartz
Jennifer Lampert
Josephine Pampanas
Laura Levey
28 of 45685
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.
Boards and Committees Current Members
Lynette Long
MerylWolfson
Monica Casanova
Patricia Valderrama
Rocio Sullivan
Tamra Sheffman
Marjorie O'Neill-Buttler
Monica Matteo-Salinas
Pan Rogers
Rebecca Boyce
Samantha Bratter
Tashaunda Washington
Tuesday, June 02, 2015 29 of 45686
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I i'_
Boards and Committees Current Members
Miami Beach CulturalArts Council Sec.2-55
Composition:
The cultural arts council shall consist of eleven (1 1) members to be appointed at large by a majority vote of the mayor and city
commission. The members of the Council shall be appointed at-large by majority vote of the Mayoi and City Commission. The
term of office for each member shall be three (3) years. Additionally, effective December 31,2002, no Council member may
serve more than six consecutive years; this provision shall be measured retroactively from the date of the initial appointments to
the Council. No Council member who serves the maximum proscribed term limitations shall be appointed to the Council during
the two year period following the expiration of his/her term.
City Liaison: Gary Farmer
Vacancy:
To replace Elliott Richard
Alhadeff
To replace Gregory Melvin
Members:
't2t31t2017
12t31t2017
City Commission
City Commission
Firct Name Last Name Position/TiUe:Term Ends:Appointed by:Term Limit:
Beatrice
Charles
Dale
Dawn
lsrael
Marjorie
Merle
Samuel
Susan
Hornstein TL
Million
Gratz
McCall
Sands
O'Neill-Buttler
TL
Weiss
Rabin, Jr.
Schemer
12t31t2015
12t31t2016
12t31t2016
12t31t2016
12t31t2016
12t31t2015
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t2015
12t31t2017
12t31t2020
02t11t2020
12t31t2020
12t31t2015
12t31t2017
12t31t2020
12t31t2019
1213112015 CityCommission
1213112016 CityCommission
1213112016 CityCommission
Applicants
Allee Newhoff
Bradley Ugent
Dr. DanielNixon
Elliott Richard Alhadeff
lvan Montes
Jenna Ward
Joanna Popper
Kevin Kelsick
Marian DelVecchio
MichaelMcManus
Monica Matteo-Salinas
Pedro Menocal
Ray Breslin
Wesley Castellanos
Applicants
Andrew Nelson
Calvin Kohli
Eleanor Ellix
Eugenio Cabreja
Janda Wetherington
JillShockett
Kara White
Lynette Long
Mark Balzli
Monica Harvey
Otiss (Arah) Lester
Ray Breslin
Vanessa Menkes
Tuesday, June 02, 2015 30 of 45687
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Boards and Committees Current Members
Miami Beach Human Rights Committee
Composition:
The Committee shall consist of a minimum of five (5) and a maximum of eleven (11) members, with one (1) out of every five (5)
members to be a direct appointment by the Mayor, and with the remaining members to be at-large appointments of theCity ' '
Commission.
The members of the Committee shall reflect, as nearly as possible, the diversity of individuals protected under the City's Human
Rights Ordinance. ln keeping with this policy, not less than two (2) months prior to making appointments or re-appoiniments to
the Committee, the City Manager shall solicit nominations from as many public service groups and other sources, which he/she
deems appropriate, as possible.
At least one (1) of the Committee members shall possess, in addition to the general qualiflcations set forth herein for members, a
license to practice law in the State of Florida; be an active member of and in good standing with the Florida Bar, and have
experience in civil rights law. The attorney member shall also serve as Chair of the Committee.
City Liaison: Marcia Monserrat
201 0-3669
1213112016 Mayor Philip Levine
1213112016 CityCommission
Vacancy:
To replace Jay Dermer
To replace Rafael Trevino
Members:
12t31t2022
12t31t2016
First Name Last Name Position/Tifle:Term Ends:Appointed by:Term Limit:
Alan
Amy
Bradley
David
lvan
Monica
Rachel
Walker
William
Fishman
Rabin
Ugent
Mardini
Cano
Harvey
Umlas
Burttschell
Warren Jr.
Law 12t3112015
12t31t2016
12t31t2015
12t31t2016
12t31t2015
12t31t2016
12t31t2016
12t31t2015
12t31t2015
City Commission
City Commission
City Commission
Mayor Philip Levine
City Commission
City Commission
City Commission
City Commission
12t31t2016
12t31t2019
12t31t2018
12t31t2022
12t31t2019
12t31t2018
12t31t2018
12t31t2016
12t31t2019Commission
Applicants
Andrea Travaglia
Deborah Robins
Hicham Moujahid
Jarred Relling
Lisa Almy
Rafael Leonor
Applicants
Christine Butler
Dr. Andrew Nullman
lvan Montes
Jay Dermer
MichaelLevine
Stephen Fox, Jr.
Tuesday, June 02, 2015 31 of 45688
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Boards and Committees Current Members
Miami Beach Sister Cities Program Sec.2-181
Composition:
The Coordinating Council is the governing body of the overall Sister Cities Program. The Council shall consist of:
1. One (1) representatives per Sister City affiliation; and
2. Nine (9) other members.
All of these members are appointed by the Mayor.
The members of the Coordinating Council shall be persons who are interested in furthering the purpose of the Program. Anyperson interested in furthering the purpose of the Program may become a member of an individual Sister City Committee upon
approval by the Coordinating Council. To qualify, the person shall present a resume and a letter of interest to the Committee
Chairperson.
Jhese members are appointed by the Mayor of the City of Miami Beach for two (2) years.
City Liaison: Dessiree Kane
Members:
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Carolyn
Deborah
Faye
George
Guy
Harvey
Howard
Jacquelynn
Jessica
Joyce
Laura
Lidia
Lisa
Magui
Maria
Michelle
Nuccio
Omar
Samantha
Steven
Baumel
Robins
Goldin
Neary
Simani
Burstein
Weiss
Powers
Londono
Garret
Colin
Resnick
Desmond
Benitez
Maltagliati
Ricci
Nobel
Caiola
Bratter
Adkins
12t31t2021
12t31t2021
12t31t2021
12t31t2016
12t31t2021
12131t2021
12t31t2021
12t3'U2021
12t31t2021
12t31t2021
12t31t2022
12t31t2021
1231t2021
12t31t2021
12t31t2021
12t31t2021
12t31t2016
12t31t2021
12t31t2021
12t31t2022
Brampton, Canada
Almonte, Spain
Basel, Switzerland
Other
Rio de Janeiro, Brazil
Fujisawa, Japan
Other
Nahariya, lsrael
Other
lca, Peru
Other
Santa Marta, Colombia
Other
Other
Forlaleza, Brazil
Pescara, ltaly
Cozumel, Mexico
Other
Other
Other
1213112015 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112016 Mayor Philip Levine
'1213112015 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112016 Mayor
Applicants
Bernardo Collado
Christopher Pace
Darin Feldman
Elizabeth Camargo
lsraelSands
Joseph Hagen
Monica Fluke
Rebecca Boyce
Tuesday, June 02, 2015
Applicants
Charles Million
Christopher Todd
Dr. Andrew Nullman
GabrielPaez
Jared Plitt
Laura Levey
Raymond Adrian
Rocio Sullivan
32 of 45689
r.-..e,----E-=::::-_:.:,.1.i---:_-
:r i. i,
:!:l ,,1\
Boards and Committees Current Members
Tamra Sheffman
Wesley Castellanos
Tiffany Heckler
Tuesday, June 02, 2015 33 of 45690
. r ..1
---..-,I--
Boards and Committees Current Members
Normandy Shores Local Govemment Neighborhood lmprovement Sec 34-175
Composition:
The Advisory Council shall be appointed by the Board of Directors (City Commission) and composed of three members of the
Executive Committee of the Normandy Shores Homeowners Association. On behalf of the Board of Directors, the City Clerk shall
solicit from the Executive Committee the eligibity list of its members for appointment consideration. The Advisory Council shall be
gomposed of three (3) members of the Executive Committee of the Normandy Shores Homeowners Association, as per
Resolution No.97-22449 adopted July 2, 1997.
City Liaison: John Woodruff
Members:
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Brett
Carmen
John
Harris
Browne
Bowes
12t31t2016
12t31t2016
12t31t2016
City Commission
City Commission
12t31t2022
12t31t2022
12t31t2018Commission
Applicants
LoriNieder
Applicants
Tuesday, June 02, 2015 34 of 45691
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i
Boards and Committees Current Members
Parks and Recreational Facilities Board Sec.2-171
Composition:
The Parks and RecreationalFacilities Board shallbe comprised of thirteen (13) voting members:
Seven (7) direct appointments made by the Mayor and each Commissioner.
Six (6) at-large appointments as follows:
Youth Center: Two (2) members having an affiliation with the City's youth centers, with one member affiliated with the Scoft
Rakow Youth center, and one member with the North Shore park youth center.
Golf: Two (2) members who have demonstrated a high degree of interest, participation and/or expertise in the sport of golf.
Tennis: Two (2) members who have demonstrated a high degree of interest, participation and/or expertise in the sport of tennis.
Members of the board shall demonstrate interest in the City's parks and recreational facilities and programs through their ownparticipation or the participation of a member of their immediate family. Consideration should also be given to individuals who
have special knowledge or background related to the field of parks and recreation.
City Liaison: Elizabeth Valera
Members:
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Chris
Dana
David
Eliane
Harriet
Growald
Turken
Berger
Soffer
Halpryn TL
Tennis
Scott Rakow Youth Center
Tennis
Golf
Golf
No. Shore Park Youth Center
City Commission
City Commission
City Commission
Commissioner Michael Grieco
Commissioner Jonah M.
12t31t2016
12t31t2015
12t31t20'15
12t31t2015
12t31t2015
12t31t2021
't2t31t2019
12t31t2019
12t31t2021
12t31t2D',t5
Jenifer Caplan
Jonathan Groff
Lee Zimmerman
Leslie Graff TL
Lori Nieder
Paul Stein
Ronald Krongold
Stephanie Rosen
Wolfson
1213112015 CityCommission
1213112016 CommissionerDeedeWeithorn
1213112015 CommissionerJoyMatakoff
1213112015 Commissioner Ed Tobin
1213112015 CommissionerMickySteinberg
1213112016 Mayor Philip Levine
1213112016 CityCommission
1213112016 CityCommission
12t31t2019
12t3',U2017
12t31t2021
12t31t2015
12t31t2021
12t31t2021
12131t2019
12t31t2019
Applicants
Beverly Heller
Bruce Reich
DanielNagler
Joseph Hagen
Lindsay Genet
Mojdeh Khaghan
Samuel Rabin, Jr.
Wesley Castellanos
Tuesday, June 02, 2015
Applicants
Brett Hanis
Christopher Todd
Eneida Mena
Joseph Conway
Mark Balzli
Nawaz Gilani
Tiffany Heckler
35 of 45692
Boards and Committees Current Members
Personnel Board Sec.2-190.66
Compositionr
Ten (10) members appointed by a 5/7th vote:
1. Six (6) of which shall be citizens of Miami Beach not in the employment of the City, each having a different vocation;
2. Three (3) regular employees of the City of Miami Beach, to be elected by the probationary andlegular employees of the City
and who shall be elected from the employees of regular status in the respective groups:
Group I shall consist of the employees of the Police Department, Fire Department and Beach Patrol Department;
Group ll shall consist of employees who are in clerical and executive positions;
Group lll shall consist of all other employees,
The Personnel Director is a non-voting member.
City Liaison: Sylvia Crespo-Tabak
Members:
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Gabriel
lvette lsabel
Lori
Paez TL
Borrello
Gold
Krieger
Khaghan
Pincus TL
Crespo-Tabak
Bello
Carranza
12t31t2015
12t31t2015
12t31t2016
12t31t2015
12t31t2016
12t31t2015
07t31t2017
07t31t2016
07t31t2015
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t2015
12t31t2019
12t31t2018
12t31t2019
12t31t2016
12t31t2015
Matthew
Mojdeh
Rosalie
Sylvia
Alex
Eduardo
Evette
Human Resources Director
Group I
Group ll
Group lllPhiil
Applicants
Christine Butler
Michael Perlmutter
Richard Preira
Applicants
Dr. Elsa Orlandini
Nancy Wolcott
Tuesday, June 02, 2015 36 of 45693
r.-..-,
-r-
-:_-_:--"-l-it.t._
:, : ",.
Boards and Committees Current Members
Planning Board
Composition:
Two (2) year term appointed by a minimum of four (4) votes.
Seven (7) regular voting members shall have considerable experience in general business, land development, land development
practices or land use issues; however, the board shall at a minimum be comprised of:
1. One architect registered in the State of Florida; or a member of the faculty of a school of architecture in the state, with practical
or academic expertise in the field of design, planning, historic preservation or the history of architecture; or a landscape architect
registered in the state of Florida; or a professional practicing in the fields of architectural or urban design, or urban planning;
2. One developer who has experience in developing real property; or an attorney in good standing licensed to practice taw within
the United States;
3. One attorney licensed to practice law in the State of Florida who has considerable experience in land use and zoning issues;
4. One person who has education and/or experience in historic preservation issues. For purposes of this section, the term
"education and/or experience in historic preservation issues" shall be a person who meets one or more of the following criteria:
a. Has earned a college degree in historic preservation;
b. ls responsible for the preservation, revitalization or adaptive reuse of historic buildings; or
c. ls recognized by the city commission for contributions to historic preservation, education or planning; and
5. Three (3) persons who are citizens at-large or engaged in general business in the City.
No person except a resident of the City, who has resided in the City for at least one year shall be eligible for appointment to the
Planning Board. The City Commission may waive the residency requirements by a 5/7th vote in the event a person not meeting
these requirements is available to serve on the Board and is exceptionally qualified by training and/or experience.
City Liaison: Michael Belush
Members:
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Sec.118-51
Brian
Jack
Jeffrey
Jonathan
Randolph
Reagan
Roberto
Elias
Johnson
Feldman
Beloff TL
Gumenick
Pace
Rovira
12t3'U2015
12t31t2016
12t31t2015
12t31t2015
12t31t2015
12t31t2016
"t2t31t2016
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12131t2019
12t31t2018
12t31t2019
12t31t2015
12t31t2019
12t31t2020
12t31t2020
General Business
Historic Preservation
Developer
Attorney
GeneralBusiness
GeneralBusiness
Faculty of a School of
Architecture
Applicants
Aaron Davis
Brian Ehrlich
DanielHertzberg
David Wieder
David Smith
lan Bacheikov
Jack Benveniste
Jared Galbut
Jessica Conn
Madeleine Romanello
Mark Alhadeff
Muayad Abbas
Tuesday, June 02, 2015
Applicants
Andres Asion
Christine Florez
DanielVeitia
David Kahn
Dominique Bailleul
lan Bacheikov
James Silvers
Jeffrey Cohen
Jonathan Fryd
Marina Novaes
MichaelSteffens
Nelson Fox
37 of 45694
r.-,.-,
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I' i ,... l
Boards and Committees Current Members
Noah Fox
Roberto Rovira
Seth Frohlich
Robert Sena
Roberto Rovira
Suzanne Hollander
Tuesday, June 02, 2015 38 of 45695
r.-..-,---
-:ff
Boards and Committees Current Members
Police/Citizens Relations Committee Sec.2-190.36
Composition:
The Committee shall consist of fourteen (14) voting members. The members shall be direct appointments with the Mayor and
City Commissioners each making two (2) individual appointments.
As per Sec. 2-190.40, th,e voting members of the Committee shall have knowledge of and interest in Police Community Relations
and their impact on the City of Miami Beach. Recommendation for appointment to allvoting and nonvoting membership selected
by the Mayor and Commission shall be encouraged to be obtained from the Spanish-American League Against Discrimination
(S.A.L.A.D.); the League of United Latin American Citizens (L.U.L.A.C.); the Anti-Defamation Leagu-e (A.O.t-.); the Dade Action
Pact; the National Association for the Advancement of Colored People (N.A.A.C.P.); the League of Women Voters and the other
organizations deemed appropriate.
City Liaison: Chief Daniel Oates
Members:
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Antonio
Bruce
Claire
Daniel
Jared
John
Melissa
Meryl
Michael
Nelson
Robert
Steven
Tiva
Walter
Hernandez Jr.
Reich
Warren
Aronson
P|itt TL
Kanter
Sheepard-
Broad
Wolfson
Perlmutter
Gonzalez TL
Lopez
Oppenheimer
Leser
Lucero
12t31t2016
12t31t2015
12t3112016
12t31t2016
12t31t2015
12t31t2015
12t31t2016
12t31t2016
12t31t2016
12t31t2015
12131t2015
12t31t2016
12t31t2015
12t31t2021
12t31t2021
12t31t2021
12t31t2021
12t31t2015
12t31t2022
12t31t2021
12t31t2021
't2t31t2020
12t31t2015
12t31t2021
12t31t2017
12t31t2021
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Michael Grieco
Commissioner Micky Steinberg
Commissioner Deede Weithom
Mayor Philip Levine
Commissioner Ed Tobin
Commissioner Joy Malakoff
Commissioner Michael Grieco
Commissioner Ed Tobin
Mayor Philip Levine
Commissioner Jonah M.
Wolfson
Commissioner Jonah M.
Wolfson
1213112015 CommissionerDeedeWeithom 12t31t2019
Applicants
Allison Stone
Deborah Ruggiero
Eugenio Cabreja
Hicham Moujahid
Jordan Nadel
Joyce Garret
Lawrence Raab
Leif Bertrand
Mario Coryell
MichaelRitger
Nawaz Gilani
Tuesday, June 02, 2015
Applicants
DanielNagler
Eric Lawrence
Heather Davis
JillShockett
Joseph Hagen
Larry Colin
Lee Zimmerman
LoriGold
Michael Bernstein
Monica Fluke
Prakash Kumar
39 of 45696
r.-,.-.---
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:.i'..-, .-'
Boards and Committees Current Members
Rachel Schuster
Richard Preira
Zeiven Beitchman
Rafael Leonor
Stephen Fox, Jr.
Tuesday, June 02, 2015 40 of 45697
r.-L .-.
--:::::::.......-,--l:-,--1-i-l::.-
'ri -"r il
Boards and Committees Current Members
Production lndustry Council Sec.2-71
Composition:
The Council shall consist of seven (7) voting members. The Mayor and each Commissioner shall make one direct appointment.
All regular members shall have knowledge of the fashion, film, news media, production, television and or recording industries of
the City.
Each of the six (6) industries shall be represented by at least one member, but no more than three (3) members, who are directly
involved with that industry.
City Liaison: Graham Winick
Vacancy:
To replace Aleksandar
Stojanovic
Members:
Production 1213112016 Mayor Philip Levine
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Belkys
Bruce
Daniel
Joanna
Joanna-Rose
Noreen
Nerey
Orosz TL
Davidson
Popper
Kravilz
Legault-
Mendoza
Production
Fashion
Fashion
News Media
Recording lndustry
TV/Film
12t31t2015
12t31t2015
12t31t2016
12t31t2016
12t31t2015
12t31t2015
Commissioner Deede Weithorn
Commissioner Ed Tobin
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Micky Steinberg
CommissionerJonah M.
Wolfson
12t31t2018
12t31t2015
12t31t2021
12t31t2021
12t31t2021
12t31t2017
Applicants
Aleksandar Stojanovic
Applicants
Samantha Bratter
Tuesday, June 02, 2015 41 of 45698
r.-,--
Boards and Committees Current Members
Sustainability Com m ittee 2008-3618
Composition:
The Committee shall consist of seven (7) voting members, one each to be directly appointed by the Mayor and each City
Commissioner. A Commissioner appointed by the Mayor, shall serve as a non-voting member and shall serve as the
Chairperson of the Committee.
The purpose of the Committee is to provide guidance and advice with regard to the City's efforts to provide and promote general
environmental improvement trends, or "Green lnitiatives," and "Sustainable Development," which is herein defined as a pattern
of resource use that aims to meet community needs while preserving the environment so that these needs can be met, not only
in the present, but in the indefinite future.
The Committee shall make advisory recommedations to the City Commission and the City Manager to promote CiVwide Green
lnitiatives and to promote and provide plans for Sustainable Development in the City of Miami Beach.
City Liaison: Elizabeth Wheaton
Members:
First Name Last Name PositiorVTitle:Term Ends:Appointed by:Term Limit:
Cheryl
David
Debra
Lily
Michael
Steve
Susan
Jacobs
Doebler
Leibowitz TL
Furst TL
DeFilippi
Vincenti
Hart
1213112016 CommissionerJoyMalakotf
1213112015 CommissionerMickySteinberg
1213112015 CommissionerDeedeWeithom
1213112015 CommissionerJonahM.
Wolfson
1213112016 Commissioner Ed Tobin
1213112016 CommissionerMichaelGrieco
1213112015 Mayor Philip Levine
12t31t2021
12t31t2020
12t31t2015
12t31t2015
12t31t2021
12t31t2021
12t31t2021
Applicants
Amy Rabin
Jenifer Caplan
Russell Hartstein
Yael Sade
Applicants
Andrea Travaglia
Marivi lglesias
Walker Burttschell
Tuesday, June 02, 2015 42 of 45699
r.-..-,
I-----=::
--- _l-:__i:l-:..."
i I 't.' l '
Boards and Committees Current Members
Tra nsportation, Pa rki n g, B icycle-Pedestria n Faci ! ities Com m ittee Sec.2-190.91
Composition:
The Committee shallconsist of fourteen (14)voting members.
The Mayor and City Commissioners shall each make one (1) direct appointment, with the other seven (7) members of the
Committee to be composed of members from the following community organizations, each of which must designate a permanent
coordinating representative :
1. Miami Beach Chamber of Commerce's Transportation and Parking Committee (MBCC);
2. Miami Beach Community Development Corporation (MBCDC);
3. Ocean Drive Association (ODA);
4. Miami Design Preservation League (MDPL);
5. North Beach Development Corporation (NBDC);
6. Mid-Beach Neighborhood or Business Association (MBNBA);
7. Lincoln Road Marketing, lnc. (LRMI).
On an annual basis, the members of the Committee shall elect a Chairman and such other officers as may be deemed necessary
or desirable, who shall serve at the will of the Committee. Seven (7) members of the Committee shall consist of a quorum of the
Committee and shall be necessary in order to take any action.
The members of the voting Committee shall have knowledge of and interest in transportation and parking and their impact on the
City. The members designated by their respective community organization shall provide a letter from such organization certifying
that designation to the City Clerk.
City Liaison: Saul Frances
Vacancy:
Vacant
To replace Hector Fontela
Members:
Member Lincoln Road 1213112016
Marketing lnc.
143112016 Mayor Philip Levine
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Al Feola Member Ocean Drive 1213112016
Association
Deborah Ruggiero 1213112016 Commissioner Micky Steinberg 1213112021
Delvin Fruit Member Mid-Beach 1213112016
Neighborhood or Bus Assc.
Eric Montes de Oca 1213112015 Commissioner Ed Tobin 1213112022
Frederick Sake 1213112016 Commissioner Deede Weithom 12t31t2022
Charles
Jo Asmundsson Member MBCDC 12t31t2016
Madeleine Romanello Member MBCC 1213112016
Mark Weithom Member No.Beach 12131t2016
Development Corp.
Ray Breslin 1213112015 Commissioner Joy Malakoff 12t31t2021
Scott Diffenderfer TL 1213112015 Commissioner Jonah M. 12t31t2015
Wolfson
Seth Wasserman
William Bill Hahne Member MDPL
1213112015 CommissionerMichaelGrieco 1213112016
12t3112016
Applicants
Aaron Davis
lan Bacheikov
Leif Bertrand
Tuesday, June 02, 2015
Applicants
Allison Stone
lan Bacheikov
Lila lmay
43 of 45700
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!, L , .
I
Boards and Committees Current Members
Lindsay Genet
Mayela Mueller
Rafael Leonor
Yael Sade
Lisa Almy
MichaelRitger
Robert Lopez
Tuesday, June 02, 2015 tM of 45701
r.-,.-,.---
-_:___1:,-.i. ' '
Boards and Committees Current Members
Visitor and Convention Authority Sec.102-246
Composition:
Two (2) year term appointed by a minimum of four (4) votes.
Seven (7) members who shall be permanent residents of Miami-Dade County.
The seven (7) members of the authority shall be representative of the community as follows:
1. Not less than two (2) nor more than three (3) members shall be representative of the hotel industry;
2. The remaining members, none of whom shall be representative of the hotel industry, shall represent the community at-large.
Any member of the Authority or employee thereof violating or failing to comply with provisions of this article shall be deemed to
have vacated his office or position.
City Liaison: Grisette Roque
Members:
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Mark
Aaron
Adrian
Daniel
Margaret
(Peggv)
Stephen
Tim
Tamis
Perry
Gonzalez
Hertzberg
Benua
Hertz
Nardi
At-Large
At-Large
At-Large
At-Large
Hotellndustry
At-Large
Hotellndustry
1213112016 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112015 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112015 CityCommission
12t31t2022
12t31t2016
12t31t2019
12t31t2019
12t31t2017
12i31t2019
12t31t2019
Applicants
Charles Million
Dona Zemo
Jared Galbut
Kristen Rosen Gonzalez
Matthew Krieger
Applicants
Christy Farhat
Heather Davis
Jeffrey Graff
Laurence Herrup
Seth Feuer
Tuesday, June 02, 2015 45 of 45702
City Commission Committees
Finance & Citywide Projects Committee
Position Name Appointed by
Chair
Vice-Chair
Member
Alternate
Liaison
Land Use & Development Committee
Commissioner Jonah Wolfson
Commissioner Joy Malakoff
Mayor Philip Levine
Commissioner Micky Ross Steinberg
Patricia Walker
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Position Name Appointed by
Chair
Vice-Chair
Member
Alternate
Liaison
Commissioner Joy Malakoff
Commissioner Jonah Wolfson
Commissioner Ed Tobin
Mayor Philip Levine
Thomas Mooney
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Neighborhood/Community Atfairs Committee
Position Name Appointed by
Chair
Vice-Chair
Member
Alternate
Liaison
Sustainability and Resiliency Committee
Commissioner Ed Tobin
Commissioner Micky Ross Steinberg
Commissioner M ichael Grieco
Deede Weithorn
Vania Pedraja
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Position Name Appointed by
Chair
Vice-Chair
Member
Alternate
Liaison
Commissioner M ichael Grieco
Commissioner Micky Ross Steinberg
Deede Weithorn
Commissioner Joy Malakoff
Elizabeth Wheaton
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
703
NON.CITY COMMISSION COMMITTEES
Moyor Philip Levine
. Miomi-Dode Metropoliton Plonning Orgonizotion
. U.S. Conference of Moyors
Commissioner Deede Weithorn
. Miomi-Dode County Homeless Trust Boord
. Miomi-Dode County Leogue of Cities
Commissioner Joy Molokoff
. FIU Wolfsonion Advisory Boord
Borbqro Herskowitz, Christine Gudoitis
. Public Librory Advisory Boord
Ricky Arriolo, Lorry Colin, Richord Milstein
. The Adrienne Arsht Center for the Performing Arts Center Trust
F:\CLER\COMMON\2015\06 1020 1 5 CM\R9A\Non-City Commission Committees. Doc
704
=-
City of Miomi Beoch, I 700 Convention Cenler Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of the City Commission
FRoM: Rafael E. Granado, City Clerk /2(
DATE: June 10,2015
SUBJECT: BOARD AND COMMITTEE APPOINTMENTS - CITY COMMISSION APPOINTMENTS
ADM! NISTRATION RECOMM ENDATION
Make appointments as indicated.
ANALYS!S
The applicants that have filed with the Office of the City Clerk for the below At-Large
appointments are included in item R9A.
BOARD AND GOMMITTEES
1. AFFORDABLE HOUSING ADVISORY COMMITTEE
vACANCIES (6):
. One citizen who is actively engaged in the residential home building industry in
connection with affordable housing.
. One citizen who is a representative of those areas of labor actively engaged in
home building in connection with affordable housing.
. One citizen actively engaged as an advocate for low-income persons in
connection with affordable housing.
. One citizen who is actively engaged as a not-for-profit provider of affordable
housing.
. One citizen who actively serves on the local planning agency pursuant to Florida
Statute S163.3174 (Planning Board member).
. One citizen who represents essential services personnel, as defined in the local
housing assistance plan.
2. BUDGET ADVISORY COMMITTEE
vACANCY (1):
. One certified public accountant.
F:\CLER\COMMON\2015\06't02015 CM\R9A City Commission Appointments June 10 2015.Docx oaaa I
Agenda Item R?Al
oate 4,-lO-(f705
3. COMMITTEE FOR QUALITY EDUCATION IN MIAMT BEACH
vACANCIES (2):
o The City Commission shall designate two of its members to serve as City
Commission liaisons to the Committee for Quality Education.
4. HEALTH ADVISORY GOMMITTEE
vACANCIES (4):
o Two (2) members shall be administrators from an Adult Congregate Living
Facility (ACLF), and/or an Assisted Living Facility (ALF).
. One (1) private individual.
. One (1) individualfrom the corporate level.
5. MIAMI BEACH CULTURAL ARTS COUNCIL
vACANCIES (2):
o Two (2) members to be appointed At-Large.
6. MIAM! BEACH HUMAN RIGHTS COMMITTEE
VACANCY (1):
. One (1) member to be appointed At-Large.
Please see the "Agenda Archives" for the continuously updated Releases of City
Commission At-Large Nominations listing current information about which applicants
have actually been nominated. The Agenda Archives website is located at:
http:/im iam i beachfl.sov/citvclerk/scroll. aspx?id=82 1 1 7
Alternatively, the Releases can be found by going to the City's main portal located at
http://miamibeachfl.oov; and under the City Clerk section, located on the bottom right
hand side of the webpage, click on the "Agenda Archives" link; thereafter choose the first
listed Commission meeting and click on City Commission At-Large Nominations.
F:\cLER\coMMoN\20'1 5\061 020'15 cM\RgA city commission Appointments June 1 0 2015.Docx page i
706
tr-".*"
---Htt.ffiffi
:"ffiil':i':r':i-
i il :l ,'r : * t-*i:t:1 l t t G! 1 1I : ::l: ',: r: ,f t-L::;-f l'\*+i i
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy L. Moroles, City Monoger
FROM: Joy V. W. Molokoff, Commissioner
DATE: Moy 26,2015
SUBJECT: Woive the Residency Requirement to Allow Roberto Roviro to Serve on the
Plonning ond Zoning Boord
Pleose ploce o vote on the June I O, 2015 City Commission Agendo to woive the
residency requirement for Plonning ond Zoning Boord oppointee Roberto Roviro.
Although Mr. Roviro's office is in Miomi Beoch, his residency is not. A 5/7 vote of the
City Commission is required.
lf you hove ony questions, pleose contoct me ot extension 6622.
JWVM
We ore commiffed to providing excellent public service ond solery o oll who li're, w'ork, ond ploy in our vibronl, hopical, historic communiry
Agenda ttem R? AL
oate 6-10-t{707
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708
R9 - New Business and Gommission Requests
RgB1 Dr. Stanley Sutnick Citizen's Forum. (8:30 a.m.)
RgB2 Dr. Stanley Sutnick Citizen's Forum. (1:00 p.m.)
AGENDA ITEM R? B I
DArE 6-to- tS
709
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710
R9 - New Business and Commission Requests
RgC Update On The Miami Beach Convention Center Project.
(Office of the City Manager)
Agenda ltem
Date711
THIS PAGE INTENTIONALLY LEFT BLANK
712
R9 - New Business and Commission Requests
RgD Update On The Miami Beach Centennial.
(Office of the City Manager)
Agenda ltem (Q D
ort" --6- lo-liS713
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714
g MIAMIBEACH
Clty ol Mloml Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
CO ISSION MEMORANDUM
TO:Mayor Philip Levine and Members the City mission
Jimmy L. Morales, City Manager
June 10,2015
SUBJECT: Discussion: Annual Report
And Lot Coverage.
BACKGROUND
Gard Single Family Homes New Built Applications
LTC 375-2014, dated November 3, 2014, provided a summary of single family home lot
coverage and unit size data from September of 2013 thru October 31, 2014. During this period,
for new single family homes and additions to existing homes, the average lot coverage was 28%
and the average unit size of was 42o/o.
On December 17, 2014, at the request of Commissioner Michael Grieco, the City Commission
held a discussion regarding lot coverage and unit size calculations for single family home permit
applications (ltem RgP). At the conclusion of the discussion, the City Commission requested
that the matter be revisited in six months, with additional summary data provided.
ANALYSIS
On February 12, 2014, the City Commission adopted 2 separate Ordinances, pertaining to the
development regulations for single family properties. The following is a summary of the changes
made to the development regulations in Section 142-105 pertaining to Lot Coverage and Unit
Size:
Lot Coverage (2 Story Home):r Previous Code: Gave discretion to the DRB to allow up to 35% lot coverage.
. Approved (Current) Ordinance: Sets the maximum lot coverage at 30%, regardless of
lot size, with no ability to go up to 35% at DRB. Additionally, for homes proposing a lot
coverage of 25% or greater, the second floor of a home is limited to 70% of the area of
the first floor, unless waived by the DRB. Finally, the calculation of lot coverage includes
internal courtyards open to the sky, which are substantially enclosed on 3 or more sides.
Note: Lot Coverage requirements for 1 story homes remained the same al50o/o
Unit Size:o Previous Gode: Gave discretion to the DRB to allow up to 70o/o unit size.
. Approved (Current) Ordinance: Sets the maximum unit size at 50o/o for ALL Districts
(RS-1 ,2,3 & 4), with no DRB increase.
These regulations have been in place since September 24,2013 (when the original Ordinance
was transmitted by the Planning Board), and have been applicable to all new applications filed
after that date.
Agenda ltem R?E _oate b-l7aS
FROM:
DATE:
715
SF Homes - Lot Coverage and Unit Size Drscussion
June 10,2015
Page 2 of 2
Attached is a spreadsheet with a list of single family home development review and permit
applications submitted since November 1 ,2014. Data on a small number of the homes was not
available because the plans are in the process of being archived and have not been uploaded to
laserfische.
Based upon available data, the following is a summary of the Lot Coverage and Unit Size
averages since November 1 ,2014, under the new regulations:
Average Lot Covera ge. 28o/o
Average Unit Size: 44%
,rmffi
T:\AGENDA\201S\June\SF Home Lot Coverage & Unit Size Report Card MEMO.docx
We ore commilled to providing excellenl public service and sofe|,, to oll who live, work, ond ploy tn our vtbront, tropicol, historic communih/,
716
Single Fomily Home Approvols
(November 1,2014- Moy 27. 201 5)
DRB ##ADDRESS
E9AI(J
APPROVAL
DATE JILDING PERMIT
PERMII APPROVAL
DATE
APP LOT
cov.LCJ6 JN]T SIZE us-%
3766 Proirie Avenue 405868 03/06/2015 2,306.C aaa 2,306.C lJ.t
1791 Biorritz Drive 40493s 11/13/2014 2,015.c 32.2 t,65t.c 26.4
2t 00 Proirie Avenue 404876 0t /12/2015 27
lt0 lst Son Morino Ter 402728 02/24/2015 5,048.0 22.5 6,322.C ao aa
4969 Lokeview Drive 405261 12/30/2014 aa
17 60 Clevelond Rood s02529 04/1 6/201 5 31 3t
6001 Lo Gorce Drive 501 670 03/23/2015 3,593.C 23.17 5,227.C 33.71
23083 510 Lokeview Court 07 -Oct-14 50055 1 01/02/2015 12,117.4 37.3
3732-BOA 5582 Pinetree Drive 50031 3 11 /12/2014 2,272.C 25.6 3.425.t aat
16tl /Flominoo Drive 40361 8 12/25/20 A 6,535.C 28.69 8,874.C ?c
3747 Proirie Avenue 4041 05 02/18/20 5 3,648.C 29.8 5.028 (41
2382 Alton Rood 4051 I 5 12/18/20 4 2,17 6.C 29 3,0r 0.0 41 .2
23033 231 5 Meridion Avenue 05-Mov-'l 4 402905 02/27/20 q 2.751 .C 26.4 4,370.C /a
I 631 27th Slreet 404545 04/30/20 5 3,418.0 24.7 5.85s (42.4
23036 4528 Proirie Avenue (lol 13)07-Oct-,l4 50087 r os/20/20 4 3.O97 _C 25.4 5,23l.43
45] 5 N Meridion Avenue 501 1 35 a1/26/20 5 2,312.0 25.9 3.852.C 43.1
530 50th Streel B 503577 05/20/20 5 2,800.0 43.4 2,800.c 43.4
2297 5 118 Dilido Drive B 500265 01 /27 /20 5 4,106.0 24.7 7,281 .8
23034 6480 Allison Rood 07-od-14 B 4031 66 12/12/20 4 29.8 44.1
23085 641 1 Allison Rood 07 -Oct-l 4 o 503 I 65 05/29/20 (4,320.0 13 7,732.0 447
3t 3l N Bov Rood B 502578 04/20/20 5 |,996.0 27 3,298.C 45
34 Lo Gorce Circle B 500646 03/17 /20 5 5,647 .0 24 65 r 0,430.0
2303s 4129 Meridion Avenue 06-Mov-,l4 B 405328 12/01/20 4 2,925.0 29.9 4.455.O 45.6
230s7 1826 23rd Street Ol-Jul-,l4 B 5001 55 02/20/24 5 3,850.0 29.3 6,083.0 46.3
430 62nd Slreet B 502027 01/21/2015 46.66
450 62nd Streei B 501269 o4/22/20 5 2,808.0 3C 4,512.O 48
23084 4322 Noutilus Drive 07-od-14 B 406444 11/20/20 4 2,397.O 24.9 4,638.0 48.3
4433 N Bov Rood B s03 r 64 as/o6/20 5 2,004.0 29.7 3,271.4 48.5
r 450 Slillwoter Drive B 501 640 os/18/20 A 2,395.0 29.9 3.860.0 48.5
721 E Dilido Drive B 501245 04/03/20 5 2,844.0 26.3 5,342.0 49.5
23090 60r 0 N Bov Rood 07-od-t 4 6 501072 o3/11/20 R 6,361.C 29.65 10.623.0 49.5
23056 506 I N Bov Rood Ol-Jul-14 B 500124 o2/o2/20 5 3,425.C 28.94 5,866.0 49.6
23095 JJ E Dilido Drive 07-Oct-14 B so0696 01/27 /20 (3.86l 22.7 7,078.0 49.7
345 3 7th Street B 5003 I 4 12/02/24 4 2,312.C 29.9 3.8s2 0 49.8
Rivo Allo Drive B s00796 03/2s/201s 4,O52.(28.8 7,O26.C 49.9
1525 2 I st Streei B s00307 02/02/20 5 1,856.(29.4 3,148.0 49.96
23080 240 Polm Avenue 02-Sep- I 4 B 403388 01/o9/20 5 2,O75.(28.8 3,600.(5C
I610 2 I si Slreei B 50 1 945 os/06/20 5 2,610.(4,342.(50
294 S Coconul Lone B 405286 05/29/20 5 1 ,917 .t 21 .95 4 .471 .4 5l.l
INCENTIVE 5251 N Bov Rood B 401 596 01/o9/20 5 2,912.O 30.6 3.714.0 5t
23136 r50 S Hibiscus Drive 03-Mor15 B 501243 04/29/20 6 3.975.C 37.t 5,449.!5l
t99 Polm Avenue B 444) 67 01/19/20 30. I 5:
INCENTIVE 315l Sheridon Avenue B 403303/ 192(01/14/201s 2.390.0 31.8 4,275.0 5i
INCENTIVE 2405 Meridion Avenue B 400628/ 192e 11/04/20 4 4.OOO 0 38.4 5,985.C 57.5
1 640 Clevelond Rood 405373 12/O8/20 4 2,541 .C 28.1 2,541
4525 Foiryov Drive B 500736 01/14/20 5 2,540.3 32.5)
427 42nd Slreet 500927 04/20/20 5 ?.
5500 Lo Gorce Drive B 501 57 1 04/17 /20 5 2.942 C 4(
700 Dilido Drive 50033',]o5/o7/20 5 6,870.C 46.4
2525 Flominqo Drive 405657 12/10/20 4 4,231 21 89 4,231 2t.89
440 E Rivo Alto Drive 405665 04/01/20 (2.712.C 21 .1 3,455.C 26.t
23082 46th Street 07 -Oct-1 4 445704 a] /1 4/20 5 2,308.C 29 aolaa 49.9
251 N Shore Drive 406066 11/O7/20 4 3.608 C -, I t9 3,608.C 3t.t
231 49 l9 Polm Avenue 07-Apr 5 4,8/3 S.F 27.6C 8.837 S.F 5C
23089 22 Stor lslond 03-Mor 5 14,649 S.t 24.8C 27,854 S.F 47.23
2s009 27 Stor lslond 05-Mov-5 I 4.000 s.F.35.0C 24,835 S.F 6t
23r 58 114 4lh Rivo Alto Terroce 05-Mov 5 2.051 s.F 27.OC 3.153 S.F.4)
23042 126 Son Morino Dirve 03- Feb 5 3,923 S.F 24.91 7 Qat c E 49.8
231 17 420 N Hibiscus Drive 06-Jo n-5 2.573 S.F 24.80 s,r 65 s.F 49.7
231 41 464 62nd Streel O7.Apr 5 4,447 S.t 28.00 7.090 s F 44.7
717
23125 609 E Dilido Drive 03-Mor'l 5 3,r 07 s.F 29.6C 5.1 75 S.F.49.1
231 61 810 Lokeview Drive 05-Mov- I 5 4,851 S.F 29.80 7.454 S.F 4
23099 820 Lokeview Drive 04-Nov-l 4 4.808 S.F 27.OC 8,645 S.F.48.t
23097 1415 24lh Street 07-Aor 1 5 3,080 s.F 29.30 5,208 S.F 49.t
23093 I 595 Biorrilz Drlve 07-od-I4 r .689 S.F 26.2 2,853 S.F 4t
231 57 1 844 Dovtonio Rood 05-Mov-,l5 3,r 30 s.F 27 80 5,620 S.F 5(
23087 2035 Meridion Avenue 07-Oct-4 3,r r 9 s.F af 4,078 S.F 3v.'z
23096 21 56 N Boy Rood 04-Nov-4 2,969 S.F t4 8C 5,335 S.F 26.)
2311 s 2185 Meridion Avenue 06-Jon-(3,060 s.F 30.0c 5.1 40 S.F.48.i
23113 2801 Lucerne Avenue O3-Feb-5 4,823 S 28.80 7 ,01 7 S.F 41
23092 281 Loke Avenue 04-Nov-4 r0,158 S.F tt.3L r r .196 s.F 2!
/.1 l6 3026 N Bov Rood 03-Feb-5 6,1 45 S. F 29.90 9,384 S.F 45.7
23 t8 3080 N Bov Rood 03-Feb-5 6,O27 S.F.29.4C 9.668 S.F 47.t
IJ 46 31 85 Rovol Polm Avenue 07-Apr 2,250 S.F.30.0c 3.575 S.F 47 .(
ZJ 347 1 Sheridon Avenue 05-Mov 5 2,r34 S.F.28.4C 3,750 S.F 5(
23 o7 351 ',l Flominoo Drive O2- Dec 4 7 .440 S.F .29.OC r2,588 S F 49!
a?12 4255 N Meridion Avenue t,.J - Feh-2.486 S.t.26.5C 4,567 S.F 48.)
23 53 4354 Alton Rood O7-Apr 5 2.31I S.F.18.4C 4 ,707 S.F 3)
ZJ 42 4440 Proirie Avenue 03-Mor-5 2,8',r 8 S.F.30.0c 4,421 S.F 4)
23088 5025 Delowore Avenue 07-Oct-4 2,478 S.F 24.85 4,s57 S.F 45.8
23104 5777 Pinelree Drive 02-Dec-4 3,770 S.F 28.4(6,629 S.F 5(
23124 5840 N Bov Rood 03- Feb 5 I 1,349 S.F 29.9C 18.507 S.F 48.8
23086 5869 Pinelree Drive 07-Oct-4 r 0,586 S.F.2(17.979 S r 3t
Total
718
R9 - New Business and Commission Requests
RgF Discussion Concerning Beach Erosion And Beach Re-Nourishment Along The City's
Beaches, Particularly Between 21't And 29th Streets.
(Sponsored by Vice-Mayor Jonah Wolfson)
(On May 6,2015 item was requested to come back - R9N)
Agenda nem R?f
Date =titto-lS719
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720
b:MIAMIBEACH
City of Miomi Beoch, 1700 Convention Cenler Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISS MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
June 10, 2015
A DISCUSSION REGARDING
ASSOCIATION FOR FUNDING
SOUTH BEACH.
the City
REQUEST FROM THE
SUPPORT JULY 4TH
OCEAN DRIVE
FIREWORKS IN
BACKGROUND
ln 1991 , the City of Miami Beach launched the first "An American Celebration" as a means to
attract more residents and visitors to this area during the 4th of July. This celebration, due to
its great success, has been carried on year after year as a vehicle to continue to bring more
residents and visitors to the city. ln order to generate interest in all areas of the city, the
event's location used to alternates between the North Beach community (72nd Street beach
front) and the South Beach Community (Ocean Drive Beach Front) areas. Last year the
event returned to the North Beach location and the fireworks were launched from a secured
area of the beach at 76th Street. Prior to 2014, the event was held in South Beach for 5
consecutive years.
Each year the event was held in North Beach, including last year, the Ocean Drive
Association funded the cost of fireworks in South Beach to ensure the residents and visitors
in the South Beach area also had a festive July 4th. The Ocean Drive Association desires to
once again have a fireworks display in the Ocean Drive area to benefit the South Beach
community, but is seeking funding from the City to support the display.
The costs are projects as follows:
Fireworks: $25,000.00
Miami Beach Ocean Rescue: $ 1,084.62
Miami-Dade County: $ 334.77
Barricades, labor and clean-up: $ 5.388.00
$31,807.39
The Ocean Drive Assocaition is requesting $10,000 from the City in support of this.
CONCLUSION
The Ad rgtion is seeking direction from the Mayor and City Commission.
Aqenda ttem R{ (-
Date 6-lo- ll
T:IAGENDA\201 5\June\TCED\July 4th 20 1 5 Discussion.doc
721
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722
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: May 22,2015
SUBJECT: Discussion regarding reducing number of entrances to the beach sand
Please place on the June 1Oth City Commission Meeting Agenda a discussion item
regarding reducing number of entrances to the beach sand.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We ore commiffed to providing excellent public service ond sofe\7 to oll who iive, work, ond ploy in our vibronl, tropical historic commt)nifr
Asenda ttem RQ Hiit __FtOi,1T
723
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724
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: May 22,2015
SUBJECT: Discussion regarding removing the county jurisdiction on transportation issues
Please place on the June 1Oth City Commission Meeting Agenda a discussion item
regarding removing the county jurisdiction on transportation issues.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We ore comnitted to providing excellent public servtce ond safety to oll who live, v,rcrk, ond ploy in our vibront, tropicol, historic community
Agenda ltem R9I
oate 6-to-tf725
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726
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: May 22,2015
SUBJECT: Discussion regarding a no tolerance traffic flow map
Please place on the June 1Oth City Commission Meeting Agenda a discussion item
regarding a no tolerance traffic flow map.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We are commifted to providing excellent public service ond sofety to oll who iive, work, ond ploy in our vtbront, tropicol, htstoric communifu
Agenda ltem
Date
RqT _6-to-t{727
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728
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: June 2, 2015
SUBJECT: Discussion regarding securing an Air Show and possible private programming
sponsorships for Memorial Day Weekend 2016
Please place on the June 1Oth City Commission Meeting Agenda a discussion item
regarding securing an Air Show and possible private programming sponsorships for
Memorial Day Weekend 2016.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We ore commilted to providing excellent' public seruice and sofely to oll who live, work, ond ploy in our vibront, lropicol, hi<torie ..mmtnit,/
Agenda ltem
Date729
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730
R9 - New Business and Commission Requests
RgL Discussion Regarding Amending The City Charter And City Code To Provide That,
lnstead Of The Board Of Adjustment, The Chief Special Master Shall Hear And Decide
Appeals From, And Review, Any Order, Requirements, Decision Or Determination Made
By An Administrative Official Charged With The Enforcement Of The Zoning Ordinance
Of The City Of Miami Beach.
(Requested by Vice Mayor Jonah Wolfson)
(On April 15, 2015 item was requested to come back in June 2015 - RgP)
731
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732
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissio n"rffi
DATE: June 1Oth,2015
SUBJECT: Agenda item for June 1Oth, 2015 City Commission Meeting
Please place on the June 1Oth , 2015 Agenda for City Commission Meeting a discussion
regarding design of accessible beach project at Allison Park, 65th Street and Collins Avenue
and an accessible wellness center on the site.
lf you have any questions please do not hesitate to call our office.
Best Rgggrds,
o.rffix^n"
on behalf of Commissioner Ed Tobin
We ate comfiiiled lo providing excellenl publc service ctnd sa{ely k.t all who live wo*. onC ploy in cLr vibnnt, koptcoi. hislotic .onrnunity
Asenda lt", _.1f,9&_Date C-10-I<'733
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734
* MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissioner
DATE: June 1Oth,2015
SUBJECT: Agenda item for June 1Oth, 2015 City Commission Meeting
Please place on the June 1Oth , 2015 Agenda for Cig Commission Meeting a discussion
and update regarding the Genting development project, City of Miami.
lf you have any questions please do not hesitate to call our office.
Best Regards,
Dessiree Kane
on behalf of Commissioner Ed Tobin
We ore cannitled lo providing exce/lent public service ood sofey to ai! wha iive, work. ond ptay tn arr vibront, trapical. his$ic co$nunity.
Agenda ltem
Date735
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736
S MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissio n"{
DATE: June 101h,2015
SUBJECT: Agenda item for June 'l0th, 2015 City Commission Meeting
Please place on the June 1Oth , 2015 Agenda for City Commission Meeting a discussion
and referralto the Neighborhoods/Community Affairs Committee regarding undergrounding
for FPL lines on the Venetian lslands.
Attached please find resident email.
lf you have any questions please do not hesitate to call our office.
on behalf of Commissioner Ed Tobin
Best Rggards,
Desffiee Kane
{b
We ore canmilted to ptcviding exce/ienl public seruice and safetV ta ailwho jrve. work, ond pioy io os vibranf, ltopito!, histodc cofi{Rlnity
Agenda ltem R?O --Date 6-10'l\737
Cna il
t,i,lo.lli
J ii rgen B rendel <j uergen. brendel@g mai l.com>
APPRECIATE YR ATTENTION FPL and Under-grounding
JUrgen Brendelcjuergen.brendel@gmail.com> Mon, May 4,2015 at 9:17 PM
To: "Morales, Jimmy" <JimmyMorales@miamibeachfl .gov>
Cc: "Taxis, Mark" <MarkTaxis@miamibeachfl.gov>, Ahmad Khamsi<akhamsi1955@9mail.com>, MichaelComras
<michael@comrascompany,com>, EMMANUEL SEBAG <esebag@me.com>, MichaelFryd <michael@fryd.com>, Jeffrey
Miller <jeff@smhome.com>
Hello Jimmy,
afier trying for weeks to get an appointment with you I dropped by this afternoon - alas, to no avail.
At the risk of becoming a pain..., we need to make progress, the under grounding situation with FPL is becoming
untenable: we are being stonewalled!
It's been months and months that we are trying to move forward, but the silence from FPL is deafening.
Since your email to the President of Nextera on Febr, 2nd, allowing the placement of the transformers in the ROW no
movement.
There are just 4 points that we need to get across:
1. Dilido and San Marino will be the only 2 islands in the Miami Beach area that do not have under grounding, all
others either have it or are being worked on. \My the discrimination?
2. The request by FPL to place the transformers on private property was a non-starter, as 70 residents would have to
agree to it. That was in November 2014.
3. ln October of last year we sent a check to FPL for an engineering design to underground both islands. No reaction -
even though we were told that ii would be done by March this year.
4. FPL needs to identifiT a person at the Executive level handling this project and bring it to fruition, the same needs to
be done at the City of MB,
Let's cut through the Gordian knot and move fonruard.
Jimmy, you are our standard bearer here!
We would offer to help, but are not supposed to communicate with FPL as HOA.
\Nith best regards
JUrgen Brendel
President, Venetian lslands Homeowners Association
305 720 21 06
On Thu, Feb 12, 2015 at 9:50 AM, Morales, Jimmy <JimmyMorales@miarnibeachfl.gov> wrote:
Jurgen
Here is the email chain of my correspondence with FPL. Unfortunately, the Feb. 4th meeting was rescheduled
to this afternoon. That is why we have no update at this point.
zlD'
738
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissior#
DATE: June 101h,2015 (
SUBJECT; Agenda item for June 1Oth, 2015 City Commission Meeting
Please place on the June 1Oth ,2015 Agenda for City Commission Meeting a discussion
regarding making the urban forest a City of Miami Beach priority.
Attached please find informational materials.
lf you have any questions please do not hesitate to call our office.
il
We ore comniit.ed lo providing exceilatl pubtic service onc:i so{ety to aJi v,hc live, work. and pioy irt our vibranl. trapical, historic canmunity lA'l
estBe
DE
on
Agenda lten R?Po*.-EFl('739
THE IMPORTANCE OF THE URBAN FOREST tN CLIMATE CHANGE RESILIENCY
Prepared by Sheryl Gold for Commissioner Ed Tobin - June 3'd,2015
Definition of the urban forest: trees and vegetation in and around a town or city
environment.
As confirmed by President Obama's recent Climate Change Action Plan Natural
Resources lnitiative, green infrastructure, such as the urban forest, plays a
key role in resiliency planning. (link)
Trees provide a multiple of environmental, economic, social and health benefits:
provide oxygen, clean the air, sequester CO2 emissions, lower temperatures, conserve
energy, mitigate urban heat islands, improve stormwater management by preventing
water runoff and soil erosion, increase property values, provided habitat for wildlife,
beautify and add pride to communities; provide shade for walkability, bikeability,
livability; improve business traffic,
absorb noise, reduce glare, provide wind breaks, provide protection from skin cancer,
provide spiritual and creative inspiration.
(link)
The CMB has a serious tree canopy deficit. The canopy is 15% vs. the 30 or
40% desirable coverage. Most cities in the U.S. are at 30-35%. While the city
has planted 5,000 trees in the last 7 or 8 years, it also lost 2,500 trees in the
2005 hurricanes. So while the city committed to Million Trees Miami goal of
doubling the canopy to 30% by 2020, the city has barely moved the needle.
The city lacks the basic tools and policies and plan for how to stop the ongoing
mass destruction of the mature tree canopy and how to plant new trees.
while engineered solutions are important to stop the flooding, they are only
one component of a climate resiliency plan. For the past two years, the focus
has been entirely on installing pumps and pipes, and ,most recently, elevating
streets. Natural resources are missing from the resiliency planning.
The drainage projects are responsible for hundreds, and what will become,
thousands of trees lost. Projects must be designed from the outset to preserve
existing mature trees and leave space to plant new trees. Protected bike lanes
and shade tree canopy must be incorporated into newly designed streetscapes.
The Administration says it needs a directive from the commission in order to make
the urban forest a priority. This must happen, sooner, rather than later, before
the city ends up with dry streets and no trees.
The ongoing mass destruction of the mature tree canopy must be immediately stopped.
Most importantly, a comprehensive climate resiliency action plan that includes
the urban forest must be developed and overseen by an executive who is tasked
'la 1
740
with the responsibility of balancing gray and green infrastructure, as the city
prepares for the serious challenges of SLR and rising temperatures and more severe
weather events.
lmmediate steps: The Mayor and eommission must direct the Administration to make
the urban forest a priority. Re organization of the city's greenspace management efforts
and responsibility for the tree canopy.
For further information see:
Protecting and Developing the Urban Tree Canopy, U.S. Mayors Conference 2008
www. usmavors. orq/trees/treefi nal repo rt-2008. pdf
Sustaining America's Urban Trees and Forests, U.S. Dept. of Agriculture, June 2010
www.fs.fed.us/openspace/fote/reports/nrs-62-sustaininq americas ,urban.pdf
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WHY PLANT TREES: THE BENEFITS OF TREES IN URBAN AREAS
The following information was compiled from various studies and publications.
It clearly illustrates the multitude of valuable benefits provided by urban trees.
Trees improve our environment, enhance our quality of life, provide shelter and
food for wildlife, and beautify the sometimes harsh cityscape. With a little care
and protection, they will provide benefits for many, many years. Given the
beauty and usefulness of urban trees, it makes sense to plant new trees and
protect the trees we already have.
Trees lmprove Air Ouality
Although different studies provide different estimates of the amount of
pollutants trees remove, the message is obvious: trees are avery effective tool
in the battle against air pollution.
' Urban trees improve air quality in four ways: by absorbing pollutants
such as ozone and nitrogen oxides through leaf surfaces; by intercepting
particulate matter (e.9., dust, ash, pollen, and smoke); by releasing
oxygen during photosynthesis; and by transpiring water and shading
surfaces, which lowers local temperatures and reduces ozone production.
' Some major air pollutants and their primary sources:o Sulfur Dioxide (SOz) Coal burning for electricity/home heating
produces about 60 percent of sulfur dioxide in the air, and the
refining and combustion of petroleum products produce aboutZl%
of the SOz.o Ozone (Or) Ozone and another oxidant, peroxyacetylnitrate (PAN),
are produced mainly from the emissions of automobiles and
industries. High concentrations of O: and PAN often build up where
there are many automobiles.o Nitrogen oxides - Automotive exhaust is probably the largest
producer of nitrogen oxides.o Particulates - These are small (<10 microns) particles, for example,
those emitted in smoke from burning fuel, particularly diesel. They
can cause respiratory problems.
' The total pollution removal by trees during 1994 was estimated for four
large cities:o New York: 1821 tons removed, a value of $9,500,000o Philadelphia: 1031 tons removed, a value of $5,15L,000o Baltimore: 499 tons removed, a value of $2,709,000o Boston: 278 tons removed, a value of $1,509,000
All results were similar when adjusted for the amount of tree cover in
I
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each city.
' Trees in Atlanta are estimated to remove 19,000,000 pounds of air
pollutants each year, an annual value of $47,000,000. ln Chattanooga, a
smaller city, trees remove 5,300,000 pounds of pollutants annually, a
value of $ 12,800,000.
a
a
Between L974 and 1996, Chattanooga's tree cover declined 16.5%. These
lost trees would have removed 2,600,000 pounds of air pollutants each
year, a value of $6,200,000 annuatly.
A computer model of conditions in Atlanta estimated that a20% loss of
tree cover would produce a 14% increase in ozone.
The U.S. Forest Service estimated that over a 5Oyear lifetime, a tree
generates $31,250 worth of oxygen, provides $62,000 worth of air
pollution control, recycles $37,500 worth of water, and controls $31,250
worth of soil erosion.
ln Southern California cities, the annual value of air pollutant uptake by
trees ranged from $5 to $20 per tree. Larger trees provided higher
benefits.
!n one urban park (about 500 acres), trees each day removed 48 pounds
of particulates, 9 pounds of nitrogen dioxide, 6 pounds of sulfur dioxide,
and 2 pounds of carbon monoxide (a $136 per day value based upon
pollution control technology).
Parking lot trees shade and reduce heat buildup on asphalt surfaces and
vehicles, thereby reducing hydrocarbon emissions from gasoline that
evaporates out of leaky gas tanks and worn hoses. These evaporative
emissions are a principal component of smog.
One sugar maple (12" trunk diameter) along a roadway removes the
following amounts of heavy metals from the atmosphere during one
growing season: 60 mg cadmium,140 mg chromium, 820 mg nickel, and
5200 mg lead.
Trees can reduce concentrations of street-level particulates by up to 60Yo.
Three hundred trees can counterbalance the amount of pollution one
person produces in a lifetime.
Trees Reduce Atmospheric Carbon Dioxide
' Heat from Earth is trapped in the atmosphere by high levels of carbon
dioxide (COz) and other heattrapping gases creating a phenomenon
known as the "greenhouse effect." About half of the greenhouse effect is
caused by COz. Trees can reduce atmospheric COz in two ways: during
photosynthesis, trees remove (sequester) COz from the atmosphere and
store the carbon as cellulose in trunks, branches, roots, and leaves; and
trees shade buildings and act as wind screens, thereby reducing the
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demand for heating and air conditioning, and reducing emissions
associated with power generation.
' Shading of homes and office buildings may reduce air conditioning needs
by up to 30%, thereby reducing the amount of fossil fuels burned to
produce electricity.
' One tree that shades a home in the citywill save fossil fuel and reduce
COz buildup as much as L5 forest trees.
' Approximately 800 million tons of carbon are stored in U.S. urban
forests, with a $22 billion equivalent in control costs.
' Planting trees remains one of the cheapest, most effective means of
drawing excess COz from the atmosphere.
' A single mature tree can absorb carbon dioxide at a rate of 48 pounds
per year, and release enough oxygen into the atmosphere to support 2
human beings.
' lf every American family planted just one tree, the amount of COz in the
atmosphere would be reduced by one billion pounds annually. This is
almost 5% of the amount that human activity pumps into the atmosphere
each year.
Trees Protecl Our Water
' Urban trees reduce stormwater runoff and water pollution in three ways:
leaves and branches intercept and store rainfall, thereby reducing runoff
volumes and delaying the onset of peak flows; root growth and the
decomposition of leaves and other organic matter increase the infiltration
of water into the soil, thereby reducing overland flow; and tree canopies
reduce the impact of raindrops on soiI surfaces, thereby reducing
erosion.
' For every 5% of tree cover added to a community, stormwater runoff is
reduced by approximately 2%.
' ln Modesto, California each street and park tree reduces stormwater
runoff by about 845 gallons per year. The value of this benefit is $6.76
per tree per year. A typical medium-sized tree in coastal Southern
California provides about $4.72 in stormwater benefits per year.
' Research by the U.S. Forest Service found that in a l-inch rainstorm over
12 hours, interception of rain by the canopy of Salt Lake City's urban
forest r:educed surface runoff by about 11.3 million gallons, or 1.7%,
providing a $226,000 savings for runoff-water control costs. This value
would increase with increased forest cover.
' Every gallon of water intercepted by trees during a 12-hour storm saved
two cents in control costs.
' Trees act as natural pollution filters. Their canopies, trunks, roots, and
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associated soil filter out polluted particulate matter from water flow.
Reducing the flow of stormwater reduces the amount of pollution that is
washed into sewers and drainage areas. Trees use nutrients like nitrogen,
phosphorus, and potassium byproducts of urban living which can
pollute streams and other bodies of water.
' Trees reduce topsoil erosion, prevent harmful pollutants in the soil from
washing into waterways, slow stormwater runoff, and ensure
replenishment of groundwater supplies by improving water infiltration
into the soil.
Trees Save Energy
' Urban forests modify local climate and reduce energy use in buildings in
three ways: shading reduces heat absorption by surfaces;
evapotranspiration converts water in plants to vapor, thereby cooling the
air; and trees reduce wind speed.
' Florida Power and Light (FPL) reports an average cooling cost saving of
$485 per home each year for single family detached residences that have
trees planted at the west and south and that provide shade for air
conditioning units.
' Trees help to cool cities and reduce the effect of urban heat sinks, which
are typically 6' toLgo warmer than the surrounding area. Abo.ut 30% ot
the air quality problems in cities are attributed to "heat island"
conditions, so by negating the effects of "heat islands," trees also reduce
air pollution.
' A tree can be a natural air conditioner. The evaporation from a single
large tree can produce the cooling effect of ten room-size air
conditioners operating 24 hours per day.
' The shade of properly placed trees can save homeowners up to 58% on
daytime air conditioning costs, and mobile home owners up to 65%.lt
applied nationwide, planting trees by currently unshaded buildings could
reduce our nation's consumption of oil by 500,000 barrels per day.
' The maximum potential annual savings from energy-conserving
landscapes around a typical home ranged from a low of 13%in Madison
to a high of 38% in Miami. Projections suggest that 100 million additional
mature trees in U.S. cities (3 trees for every unshaded single family home)
could save over $2 billion in energy costs per year.
' According to a U.S. Forest Service estimate, wellpositioned trees around a
conventional house can produce an annual savings of 20%to 25%for
energy use, as compared to a house in a wideopen area (USFS
meteorologist Cordon Heisler).
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Trees lncrease Traffic Safety
' Trees can enhance the effect of traffic-calming measures, such as
narrower streets, extended curbs, and roundabouts. Tall trees make
streets "feel" narrower, and closely spaced trees give the perception of
speed (they go by very quickly), resulting in slower driving speeds. A
street without trees may be perceived as wide and free of hazards,
thereby increasing speeds. lncreased speed leads to more accidents.
' Trees can serve as a buffer between moving vehicles and pedestrians.
' Street trees forewarn drivers of upcoming curves. Drivers who see tree
trunks curving ahead will slow down before actually seeing the road
curye, and will approach the curve more cautiously.
Trees lmprove Economic Sustainability
' A community's urban forest is an expression of its pride and spirit. A
healthy urban forest gives visitors a positive first impression of the
community.
' Consumer surveys have found that people prefer commercial
streetscapes with trees. Compared to no-tree business districts, well-
landscaped districts have significantly higher priced goods and increased
patronage.
' Trees enhance a community's economic stability by attracting businesses
and tourists.
' People linger and shop longer along treelined streets.
' Apartments and offices in wooded areas rent more quickly and have
higher occupancy rates than similar facilities in areas without trees.
' Businesses that lease office space in developments with trees find their
workers are more productive and absenteeism is reduced.
' A survey found that people were willing to pay an average of $1.60 more
to use parks with trees, as compared to parks without trees. People place
a high value on trees in spaces used for recreation and relaxation.
Trees lncrease Real Estate Values
' Research on the aesthetic quality of residential streets has shown that
trees are the single strongest positive influence on scenic quality. Well-
rnaintained trees increase the "curb appeal" of properties.
' A study of the efflect trees have on residential property values found that
each large front-yard tree raised the sale price by L%.This increase in
property value resulted in a significant increase in the city's property tax
revenues.
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' Various studies have reported that trees can increase property values
from 5%tor'%, as compared to properties without trees (depending on
species, maturity, quantity and location).' A L976 study that evaluated the effects of several different variables on
homes in Manchester, Connecticut found that street trees added about
$2686 or 6% to the sale price of a home.' A more recent study indicated that trees added $9,500, or more than 18
percent, to the average sale price of a residence in a suburb of Rochester,
New York.
Trees Provide Sociological Benefits
' Two University of lllinois researchers (Kuo and Sullivan) studied the effect
of trees and greenery on the daily lives of residents of chicago's
Robert Taylor Housing Project (the largest public housing development in
the world). They found that:o Residents living in "greener" surroundings reported lower levels of
fear, fewer incivilities, and less aggressive and violent behavior.o Residents who lived in apartments with nearby trees had
significantly better relations with and stronger ties to their
neighbors.o Levels of aggression and violence were systematically lower for
individuals living in green surroundings than for individuals living
in barren surroundings.o The greener a building's surroundings were, the fewer crimes were
reported. This held true for both property crimes and violent
crimes.o Vegetation may deter crime in poor urban neighborhoods by
increasing residents' use of outside spaces, thereby increasing
informal surveillance, and by mitigating residents' mental fatigue,
thereby reducing the potential for violence.o The presence of trees and greenery can potentially reduce social
service budgets, decrease police calls for domestic violence,
strengthen urban communities, and decrease the incidence of child
abuse.
Chicago officials heard this message, and the city government spent $LO
million to
plant 20,000 trees-a decision influenced by researchers' findings,
according to the
Chicago Tribune.
' Studies have shown that hospital patients who can see trees through their
windows recover much faster and with fewer complications than similar
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patients without such views.
' Psychiatric patients are more sociable and less stressed when trees and
greenery are visible and nearby.
' A Texas A&M study indicates that trees help create feelings of relaxation
and well being.
' A U.S. Department of Energy study reports that trees reduce noise
pollution by acting as buffers and absorbing 50% of urban noise.
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EACT SHEBT: Building community
resilience by strengthening America's natural
resources and supporting green
infrastructure
FOR IMMEDIATE RELEASE:
October 8,2014
Contact: nress@ceq.eop.gov
FACT SHEET: Building community resilience by strengthening America's natural
resources and supporting green infrastructure
President Obama has made it clear that we have a moral obligation to our children and future
generations to leave behind a planet that is not polluted and damaged. That is why, as part of his
effort to combat climate change, the President launched a Climate Action Plan last year to cut
carbon pollution, prepare communities for the impacts of climate change, and lead international
efforts to address this global challenge.
The Climate Action Plan recognizes that even as we act to curb the carbon pollution that is
driving climate change, we must also improve our ability to prepare for the climate impacts we
are already seeing across the country. States, cities, and communities depend on America's
bountiful natural resources, and climate change is putting many of these vital resources at risk.
By investing in smart strategies for conserving and restoring our lands and waters, we can help
make communities more resilient to climate impacts while slowing the harmful effects of carbon
pollution. Similarly, investments in green infrastructure can help communities better prepare for
the impacts of climate change while also improving water quality and community health.
That's why today, the Administration is announcing new executive actions and a series of private
and public sector commitments that will improve the management of our natural resources in the
context of a changing climate and support investment in green infrastructure.
Enhancing the resilience of America's natural resources and the communities that depend
on them
Todiy, as called for in the President's Climate Action Plan, the Administration is announcing
a Climate and Natural Resources Priority Agenda that represents a first of its kind,
comprehensive commitment across the Federal Government to support resilience of our natural
resources. It identifies a suite of actions the Federal Government will take to enhance the
resilience of America's natural resources to the impacts of climate change and promote their
ability to absorb carbon dioxide. The agenda, which was called for in the President's Executive
Order on Climate Preparedness, was developed jointly by Federal agencies and is informed
by the President's State. Local. and Tribal Leaders Task Force on Clirnate Preparedness and
Resilience and other stakeholder engagement.
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The actions outlined in the agenda focus on protecting important landscapes and developing new
science, planning and tools to foster climate-resilient lands and waters; enhancing U.S. carbon
sinks such as forests, grasslands, wetlands and coastal areas; promoting innovative 21st century
infrastructure that integrates natural systems into community development, including green
storm water infrastructure; and modernizing Federal programs, investments, and services to build
resilience and enhance carbon storage. For a full list ofthe actions Federal agencies will take,
including timelines, click here.
To complement the agenda, the Administration is announcing new executive actions and a series
of private, public, and nonprofit sector commitments that support resilient natural resources and
the communities that depend on them.
New executive actions to support resilient natural systems:
A New Model for Climate Coastal Vulnerability Assessments: The U.S. Army Corps of
Engineers (USACE) is releasing the results of its screening-level vulnerability assessments for
coastal projects, which find that roughly one third of USACE coastal projects are vulnerable to
climate change. These assessments can be used as a model for other agencies when screening
vulnerability.
Rapid Assessment Tools for Carbon Sequestration Potentials: USACE is announcing the first
rapid, quantitative estimates of existing carbon sequestration and sequestration potentials on the
more than 20 million acres of land and water it manages. These areas include reservoirs with
potential to sequester large amounts of carbon per unit area.
Tall Wood Competition: In an effort to support sustainable forestry, reduce greenhouse gas
emissions, and increase opportunities for rural America, the Department of Agriculture will
launch the U.S. Tall Wood Building Competition to design and demonstrate high-rise building
construction using innovative wood products. Selected teams of architects, engineers, and
developers will receive funding to support incremental costs of pioneering wood construction
techniques to address engineering and code variance needs.
$23.8 Million in projects to build resilient coastal communities: Through its Sea Grant
Program. NOAA will provide $15.9 million to support over 300 projects around the nation that
help build resilient coastal communities and economies. Through university, state and other
partnerships, Sea Grant will supplement the Federal funding with an additional $7.9 million in
non-federal matching funds, bringing the total investment to more than $23.8 million.
Coastal Salt Marsh Restoration: Yesterday in Cape May, New Jersey, Secretary of the Interior
Sally Jewell announced a $1.9 million agreement between the U.S. Fish and Wildlife Service and
the American Littoral Society to restore 1.5 miles of shoreline at Reed Beach, part of a $15
nlillion investment to restore coastal salt marshes in New Jersey.In addition to flood control
benefits, salt marshes are vital wildlife habitat serving as a nursery for 75 percent of
commercially harvested fi sh.
Private and public commitments to support resilient natural systems:
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Targeting blue carbon: To better understand how oceans and coastal ecosystems store and
sequester carbon - so-called "blue carbon," - Restore America's Estuaries is launching a new
assessment of coastal blue carbon opportunities in Tampa Bay, Florida. The study will be funded
by the Tampa Bay Environmental Restoration Fund, with additional support from NOAA and
DOI.
Restoring Galveston Bay estuary: The Galveston Bay Foundation, Restore America's Estuaries,
and Accenture are initiating a new partnership to advance estuary restoration in Galveston Bay
and reduce greenhouse gases. The project will result in more than 30 acres of salt marsh
restoration, a new private investment framework to support Galveston Bay restoration and
conservation, advance climate adaptation strategies, and support green jobs and skills training.
Creating a mapping tool for forest carbon: To maximizethe carbon impact of forest conservation
in local communities, the Trust for Public Land will develop a new mapping tool on the Esri
platform to help local governments,land trusts, and other community-based users identify forest
properties with high carbon stocks and assess the strategic value of these properties for climate
resilience, such as protecting public drinking water supplies.
Investing in wood products: The Binational Softwood Lumber Council and the Softwood
Lumber Board projects that the softwood lumber industry will invest $20 million over the next
two years in programs that utilize wood as a lower carbon-footprint building material. To give a
sense of what that can mean for carbon storage, this year, the softwood lumber industry invested
nearly $10 million to fund programs that support the shift from carbon-intensive building
products like steel and concrete to wood products, resulting in an estimated 131,000 metric tons
of additional stored carbon and 280000 metric tons of avoided carbon emissions according to
lifecycle analysis by the wood products industry.
Engaging family forest owners: The American Forest Foundation (AFF) is announcing a $10
million, flve year campaign funded by a diverse public private partnership including individual
donors, private foundations, and Federal and state government to reach and engage a quarter of a
million of America's family and individual forest owners. Through this effort,AFF will train and
support family and individual landowners in promoting climate friendly stewardship of their
forests, many of which are located in the highest priority carbon landscapes in the country.
Investing in natural infrastructure: Through its Resilient Landscapes Initiative, the Open Space
Institute (OSI) will invest $10.7 million and leverage as much as $53.5 million over the next 2.5
years to conserve land through purchase and easements in as many as 14 eastern states, from
Maine to Alabama. Applying science developed by the Nature Conseryancy, OSI will identify for
its investments lands that are likely to facilitate wildlife adaptation to climate change, and reduce
the potential risk of flooding and drought.
Informing Conservation Planning: The Open Space Institute is announcing $95,000 in grants to
four northeastern organizations to integrate climate science into conseryation planning.
Additionally, in partnership with the U.S. Fish and Wildlife Service's Northeast Landscape
Conservation Cooperative, OSI will invest $100,000 in developing and disseminating climate
science through a series of guidance documents and tools for local officials.
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Engagins communities to qrow urban forests: To improve the health and resilience of
urban communities through service, the Alliance for Community Tlees is committing to
engage over 26p00 volunteers to plant more than 50,000 trees in the month of October for
National NeighborWoods Month.In addition,American Forests will assist six cities -
Austin, Chicago, Hartford, Miami, Oakland and Washington D.C. - to assess the impact of
climate and other factors on each city's urban forest, educate the public on the role of
urban forests in improving community resilience, and strategically plant trees to mediate
the heat-island effect and sequester carbon.
Restoring damaged forest areas: Arbor Day Foundation will plant an additional 20 million trees
to improve the health and resilience of public forest lands by July 1,2019.The Foundation
focuses on restoring trees and enhancing climate resilience in areas of national and state forests
damaged by insects, disease, and wildfires.
Delivering trees to reduce energy use: Through its Energy.Saving Thees program, by July
1,20L5,Arbor Day Foundation will deliver more than 140,000 trees to utility customers.
According to the program, these trees will reduce customers'summer air-conditioning
energy consumption by as much as20Vo as the trees mature.By 2025rthese trees will
reduce energy consumption by as much as264 million kilowatt-hours and accomplish as
much as 391000 metric tons of carbon dioxide sequestration and avoided emissions.
Launching an Urban Conservation Initiative: The Nature Conservancy and the Center for
Whole Communities are launching a partnership to build a network of 13 cities to help
address the impacts of climate change and improve environmental health in urban areas
through focusing technical assistance on the use of natural infrastructure. Work will be
focused on coastal and flood resilience, urban forests, water source protection, and
environmental leadership.
Supporting coastal resilience: The Nature Conservancy will expand its coastal resilience tools
and assistance program to Virginia, California, North Carolina, and Baja California in Mexico to
help planners, businesses, and officials make decisions that utilize natural systems as adaptation
solutions to improve climate resilience.
Expandine a Coastal Resilience App: The Nature Conservancp with its partners, is
expanding the deployment of its award-winning app, Coastal Defense, which helps decision
makers identify areas at risk of coastal erosion and inundation from wave action and storm
surge and determine appropriate strategies for utilizing natural and built systems to
improve resilience. New regions to use the app include South Florida, New Jersey, North
Carolina, Virginia, the Caribbean, and sites in the Gulf of Mexico.
Reducing flood risk in Puget Sound: The Nature Conservancy, Puget Sound Partnership, and the
Washington Department of Ecology are accelerating actions within their Floodplains by Design
partnership to restore habitat and reduce flood risk in Puget Sound's major river corridors. As
part of this effort, a new agreement with CH2M Hill, with funding from the Boeing Company,
will measure the benefits of natural infrastructure design.
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Investing in Climate Adaptation: The Wildlife Conservation Society's Climate Adaptation Fund,
with support from the Doris Duke Charitable Foundation, is announcing the award of $2.5
million to support 13 on-the-ground adaptation actions specifically designed to increase the
resilience and adaptive capacity of terrestrial, freshwater and coastal ecosystems across the
United States. Non-profit grantees will leverage an additional $2.5 million in private and public
support for science-based projects that anticipate and respond to potential climate change
impacts, while yielding sustainable, long-term conservation outcomes.
Restoring forests in the Lower Mississippi Delta: With support from the Walton Family
Foundation and the McKnight Foundation, the Trust for Public Land will deliver outreach and
technical assistance to private landowners interested in restoring carbon-rich bottomland forest to
flood-prone agricultural lands in the Lower Mississippi Delta. This announcement puts the Trust
on track to meet its target to achieve an additional 3J50 acres of Lower Mississippi private lands
reforestation and permanently conserve 3 200 acres of bottomland forest over the next two years,
leading to more than2.l million tons of CO2 sequestration and storage (the equivalent of taking
442900 cars offthe road for one year).
Advancing green infrastructure to improye community resilience
At a July meeting of the President's State, Local and Tribal Leaders Task Force on Climate
Change Preparedness and Resilience, the Administration announced the Green Infrastructure
Collaborative, in which seven Federal agencies committed to expanding the use of green
infrastructure techniques such as rain gardens, permeable pavements, rain water harvesting, land
conservation and wetland protection to improve natural management of stormwater. The
Administration reaffirmed its commitment to implement this initiative, along with additional
stormwater management assistance, in the Climate Natural Resources Priority Agenda released
today.
Additionally, todayr 26 public and private sector organizations announced they are joining
the Administration's Green Infrastructure Collaborative. Through activities including
research, outreach, information.sharing, tool development, and technical assistance, the
new members are committing to work towards improving stormwater management and
expanding the use of green infrastructure techniques in communities across the country.
These new members of the Collaborative represent the private, public, and nonprofit
sectors, ranging from environmental organizations to academic institutions and
professional associations to utilities and municipalities.
Through the Collaborative, all member organizations have pledged to work together to
highlight the broad community benefits of green infrastructure including improving air
quality, reducing energy use, mitigating climate change, and increasing resilience to climate
change impacts. The organizations joining the Green Infrastructure Collaborative today
are:
American Rivers
American Society of Civil Engineers
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Clirnate Change Effects on Cities
City managers are feeling the effects of climate
change now. Fortunately, green infrastructure
can help improve communiff resilienry. De-
pending on where a community is located, cli-
mate change poses different threats to critical
infrastructure, water quality, and human
health:
Flooding: Heavy doumpours have increased in
frequency and intensity in the last 5o years, and
are expected to become more frequent and in-
tense as global ternperatures continue to rise.
Consequently, flood risk is likely to increase
dramatically across the United States. The aver-
age loo-year floodplain is projected to increase
by 45a/o by the year zroo, while annual damages
fiom flooding are predicted to increase by S75o
million. *
Did you know?
Drought: In some areas of the country, de-
creased precipitation associated with climate
change will further stress already fragile local
water supplies, especially in the southwest.
Urban Heat: Climate change will likely lead to
more fiequent, more severe, and longer heat
waves during summer months. The Ciry of Chi
cago, for exampie, expects to see the number of
days over roo"F increase by roughly 3o days per
year under "high'greenhouse gas emissions
scenarios. Under lower emissions scenarios,
Chicago's new average summer heat index is
expected to increase to around 93"F by the end
of the century - similar to current summer con-
ditions in Atlanta, CA. '"
Coastal damage and erosion: As global tem-
penturegcontinlg-tg.,c-lig rb,peale"vel,s_ylJll-!l<e-
ly continue to rise, storm surges will likely be
amplified, and heavystorms will occur with
greater frequenry and intensity. A-ll ofthese
changes are expected to exacerbate shoreline
erosion and damage to coastal infrastructure.
*FEMA. (zo9). The Impact of Climate Change and Popula-
tion Growth on the National Flood Insurance Program
Through aoo. Prepared by AECOM.
**From: Reducing Damagefrom Localized Flooding: A Guiele
for Communities, Federal Emergency Management Agenry,
(zoo5). Report #5rr.
*** Clricogo Climate Change Action Plon - Climate Change
and Chicago: Projections and Potential Impoctq Executwe
Summary (Moy t8, zoo9).
ffi
ffi
:STo of the $t billion in onnualflood damages
in the U.S. can be linked to starmwater.**
754
Manage Localized Flooding
How does it rsork? By reducing stormu?ter runoffand protectilSl floodplains,
green infrastructure can help manag,e both localized and riverine floods.
Plan it. Cornmunities n'tay want to conduct hydrologic and hydraulic (H&li)
modeling to identily a set olgreer.r and gray inti'astructure practices that will
meet desiled flood reduction and *'ater qualiry goals. When preserving open
space througl:out a rvatershed, cornmunities may $.ant to talg.et areas lcith lvell
drained, u.ater-absorbing soils.
Build it. Several cities have launched programs to consene land in or around
the floodplain to n'lanage riverine flooding. Geographic-information-based mod-
els can heip estinrate the flood damaq,e benefits of green infrastructure, compal'e
these benefits to the cost oI'land acquisition, and target investmerrts in consena-
tion tolr'ards the n:ost cost-effective areas. Urban site-scale practices carr also be
sited to eflbctively rnitigate Iocalized flooding.
Buitd Resilience to Drought
How does it work? B). allorvins rainwater to soak into the ground, rain gar-
dens and gleerl streets can help replenish local groundwater reserves. On indi-
vidrral properties, r'ainrvater han'esting techniques such as rain barrels and
cisterns can reduce dernand ftrr potahle water.
PIan it. Beconring a drought resilient communily means m.lking the most of wa-
ter lvhen it is available, *15 well as storing it for later within deep groundrvater
resep?s. Start by prioritizing areas in your community rvhere it nrakes sense to
l:cate infiltration-based fealures. Proper siting rifgreen inftastructure should be
considered to prolect gr'ound rvater supplies. Fol exarnple, avoid in6ltrating large
*** q(antities"of lvater in contamination-hof spotror on-steep slopes:
Build it. Cornmunities may $,ant to consider incentives or iocal requir€mellt$ to
encourage on-site rainn ater harvesting and use. By using rainlvater stored ir"r cis-
terns to irrigalc. landscaping in public parkr, schools or municipal buildings, cit-
ies can reduce or eliminate the need to purchase potable water fi'orn out of town.
Captured rainwater can also be used in the home for llushing.
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Ilratect the coast
How does it work? Coastal plants and reek use rratural pro-
cesses to slou. cloq,n sr:diment anci encourage vegetative
grorvth. Increased vegefatiorl can protect eroding m.rrsh edges
and mitigatc sea level rise. In (olltrast to hard structures such
as bull<heads ald sea ualls, veeetative shorelines provide rnr.rl-
tiple ecosystem benefits snch as improved u'ater qualir),and
aquatic habitat.
Plan it. Sefore moving foru.ald u.ith youl coastal improvernent
project, conduct a site assessment. This process includes deter-
rninirrg the type of shoreline you possess (slope of bark), the
late at t'hich the shoreline is eroding, the forces tl'rat ale erod-
ing the shoreline, ry*pe of substlate, arrd salinily levels.
Build it. Living shor:elines can be a mixture of strrctulal an<l
organic materials, sr.rch as lrative n'etland plants, stone arld
rock slructures, oyster reefs, submerged aquatic r.egeration,
Use less enersy managing water
How does it work? Treating and moving lvater and wastet ater
takes a lot o[energy. B], reducing rainwater flox's into sewer
syste rlrs, r echarging .-rq u i flers .1 nd cons en'ilt g $'a te r, green infra-
stnlcture can significantly reduce municipal eneroy- use.
Plan it. Start by prioritizing n here to place distributed green
infiastlucture plactices in yor.rr communiry* for m.rximum rain-
h?ter storage and in6ltration. Comrnunities rvith eombined
sanitary anci stormwater se\{ers may u ant to r.rse hydrologic
and hy'draulic (H&Hi modeling to idcnti$ ideal colnbinations
of green ancl gray infi'astructure n'ithin a given treati:tent area.
Build it, After projc'cts are in the ground, cities, may rvant to tie
eliergy efficiency savings back to redueed demar:d at local polr-
er plants. EPA re,centll: dev--eloped a tosl eall.ed AVERT
(Avoided Emissions and geneRation Too! to do just this. Using
county-wide datasets, AVER f can help estimate emissions re-
ductions at electric porver plants from energy efficiency ol re-
r: ewable energ:y- upgra des.
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Reduce urban heat island effect
How does it work?'l'recs, gleen rool's, and veg-
etative co!.?r can help reduce the urban heat
island efl-ect b.v shading building surfaces, de-
flecting radiation from the sun, anci relc'asing
moisture into the atrlosphere.
Plan it. Althougl-r space in urb.rn areas is lim-
ited, small green infrastruclule practices can
easily be iutegrated into grassy or barren areas,
vacant lots 01'street rights ofway. Green rools
are an i<leal heat island reduction stlateg).since
the1. provide br:th dii'ect and ambient cooling
effects.
Build it. Make rrees busitess as usual in your
cornmunit,v. Require green i nfrastructure im-
proveruents as part oI'regular street upgrades
to ensure continued investment. klake lvater
quality practices do double dutl by adding
trees in or alound infiltration-based practices
such as roadside pianters to help boost road-
side cooling and shading.
Lon,er building energy use
How does it work? Through shading, wind-
brea k, and evapotrarrspilation, trees, greerr
loofs and vegetative cover can lorver arnbient
air tenperatures in urban areas, Iessenilg the
need to tul'n up the AC in summer rnonihs.
Louisville, Kentucky recently began a
conopy ossessment to determine how the city can
use trees to address urbqn heat, stotmwater man-
agement and other concerns. "Knowing where we
lack canopy, dawn to the street and address level,
will help our eforts exponentially." says Mayor
Greg Fischer. Photo credit: Love Louiwille Trees
PIan it. Communities may finci it useful to esti-
nrate cooling arld energy ef{iciency bene6ts
plovided by tlees and green roofs. Using USFS's
publicly ar.ailable i:illee suite, the Mid-America
Regional Council (MARC) recentll, produced a
study that quanlifies nrultiple beuefits from
urban trees in the Kansas City ar-ea. By mapping
existing canolry concentrations, MARC u,as
able to estimate the monetary r.alue ol'buiiding
energ), efficiel:cy gains fi'om tree canopy in the
reginn.
r'" .::i*.
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!fiffilfl far URBAN HORTTC ULTURE
University of Washington, College of Forest Resources HUMAN DIMENSTONS Of r}lr UrSeN:rr,otrsr
Positive Effects on Consumer Behavior!
Ti'ees in Business Districts:
District 1 - No trees or accessory vegetation
Diitrict 3 . Wit,r trees and aecessory yegetation
Three Shopping Districts
Consumer Cues and Messages?
Trees are good for business! A recent study confirms
that consumers respond positively to shopping environ-
rnents having a healthy urban forest. Across our nation,
many revitalizing business districts are working hard to
create vibrant, vital consumer environments, Why should
trees be a part of an action plan? Healthy and well-
maintained trees send positive messages about the appeal
of a district, the quality of products there and what
customer service a shopper can expect. They are an
important component of any program to attract shoppers
and visitors. Revitalizing districts must address urgent
needs of security, sanitation, parking and marketing.
Attention to trees is a necessary part of any improve-
ments program. And having the positive environment
created by trees may actually ease some of the other
issues. American Forests, a national tree non-profit,
suggests a goal of 15 percent tree canopy cover in busi-
ness districts; most retail environmertrin-the-U5; trar,ne-S
percent or less. Research results suggest that investing in
trees is good for the business bottom line!
Research Project
The national study, conducted by the University of Washingtofl, used
survey questionnaires to investigate public perceptions about the
role of trees in revitalizing business districts, Surveys were sent to
selected districts in cities of the Pacific Northwest,Austin, Los
Angetes, Chicago, Pittsburgh and Washington D.C. Business owners
and managers were invited to participate, and their responses were
compared to survey responses from nearby residents, their potential
patrons and shoppers,
Distriet t .'Uyith treee, ne acce3sor, .vegetation
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Our surroundings, both outdoor and indoo4 affect the course of our daily lives. The physical
features of a setting set up how we move and get around in any space. ln addition, elements of an
environment sends subtle cues that influence our attitudes and behavior within a place. Ttris study
evaluated how the character of a place influences how shoppers respond to a business district.
People were asked a series of questions about their likes/dislikes and behavior within three hypo-
thetical business districts (front page). Betow are highlights of the research resutts.
Place Perceptions
Four categories of perceptions emerged from survey
participants' ratings of the three business districts:
Amenity and Comfort
lnteraction with Merchants
Quality of Products
Maintenance and Upkeep
Consumers' ratings on each of the categories was
significantly higher for districts that had street trees and
other landscape improvements! For instance,Amenity
and Comfort ratings were about 80% higher for a tree
lined sidewalk compared to a non-shaded street. Also,
Quality of Products ratings were 307o higher in districts
having trees over those with barren sidewalks. lnterac-
tion with Merchants items included customer service
issues; ratings were about 15% higher for districts with
trees.
Patronage Behavior
Actions follow our impressions of a place. Respondents
were asked to give opinions of their behavior within the
three shopping districts, including travel time, travel
distance, duration of a visit, frequency of visits
and willingness-to-pay for parking. Again, trees
make a difference! Considering ALL behaviors, higher
measures were reported in the districts having trees.
For instance, respondents claimed they would be willing
to pay more for parking in a well landscaped business
district, This suggests greater revenues from shaded
parking would offset the costs of parking space loss, a
frequent objection to trees by merchants.
Pricing Patterns
Do trees influence how much people are willing to pay
for goods? Contingent valuation methods were used to
assess how amenity values relate to customers'price
valuations. Survey respondents were asked to specify a
price for each of 15 items in a "basket of goods" in the
business districts. Three categories of goods -
convenience, shopping, specialty - were included.
The survey participants consistently priced goods
significantly higher in landscaped districts! Prices were,
on average, about 11% higher for products in the
landscaped compared to the no-tree district. This was
true of low-price, impulse-buy convenience goods (e,g.
lunch sandwich, flower bouquet), as well as bigger ticket,
comparison-shopped items (e.g. sports shoes, new
glasses). Given the low profit margins of most retail
businesses, trees appear to provide a significant "amenity
margin."
Acknowledgements:
RESEARCH FUNDING: National Urban and Community ForestryAdvisory Council, Horticultural Research
lnstitute and the USDA Forest Service
PRorEcr D|RECToR: Kathy L.Woll Ph.D., kwolf@u,washington.edu
For more information. contact.,.
Center for Urban Horticutture, University of Washington, Box 354115, Seattte,WA 98'lg5-4115
Phone: (206) 616-5758; Fax: (206) 685.2692
KL WOLF - NOVEMBER 1998 ,'lat
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GTAG PRESENTATION - Sustainability Committee - May 21,2013
NATURAL CAPITAL
GTAG - Who we are; our mission; examples of our advocacy work
NATURAL CAPITAL
We have been working for a very long time on how to engage MB residents and elected
ofiicials in supporting our Urban Forest, most specifically, street trees.
While we have had some successes - afterall, every tree counts -- we are troubled that
leaders and policymakers who we can consider informed, are still referring to trees only
in aesthetics terms - despite all our efforts to educate about the many environmental,
social and economic benefits of trees. This combined with extraordinarily challenging
times that require innovative, holistic approaches to mitigating climate change and rising
sea levels, led me to today's presentation.
I decided it is no longer effective merely to list all the many benefits of trees, such as
moderating temperatures
providing shade
improving air quality by absorbing carbon dioxide
removing dust and other particles
conserving water
harboring wildlife
increasing the quality of life for residents
increasing property values
lowering energy consumption and costs
providing safety benefits for drivers
decreasing urban noise
protecting us from UVB rays and skin cancer
and helping mitigate global warming and flooding
The value of nature, including our urban forest, is astonishing. While 20th century
conservation was all about protecting nature FROM people, now there are are folks in
the environmental movement that would like the future to be about protecting nature
FOR people.
The hottest sustainability topic of 2013 is NATUML CAPITAL - quantifying the values
of nature, in order to motivate greater and more cost effective investments; and how
businesses, governments and financial institutions account for nature as a material
asset. As an example, The Natural Capital Project, aims to integrate the values of
nature into all major decisions affecting the environment and human well being. lt
partners with countries and NGOs, as well as local governments such as Santa Cruz
and Monterey counties, on climate change and beach erosion.
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Despite their vital importance, ecosystem services, in this case, those provided by the
urban forest -- are generally taken for granted, scarcely monitored and, in many cases,
are undergoing degradation and depletion. I can give you several examples, close to
home.
1)lt is very difficult to monitor our state of the urban forest without a tree inventory, that
serves as a baseline. After advocating for such an inventory for 13 years, we are
inching closer. But we will need a commitment of funds that do not presently exist to
do it right. Other cities across the country have had such an inventory for years.
2) The Collins Canal, where over 400 protected mangrove trees were destroyed along
with all the upland vegetation along the canal;. You might be interested to know that
mangrove trees are "carbon sinks" and actually are far more effective at absorbing
co2 than rain forests.
3) 30 mature live oaks were destroyed south of fifth street. Although the city replaced
them with a similar number of trees, it will take decades for them to provide the same
benefits as the original trees. Both cases of environmental destruction were
associated with public works projects that involved bike path installations. You may
be increasing bicycling and reducing emissions, but at the same time destroying the
very trees that were providing carbon sequestration. At what cost? lt is
counterproductive because the projects are not evaluated holistically.
And what will happen to the trees that were only planted a few years ago in the Lincoln
Lane parking lots when the city decides to sell or lease the lots for development? More
tree destruction and replacement with immature trees.
Back to NATURAL CAPITAL and how it applies to green infrastructure. Basically, the
city has never put a priority on green infrastructure; and it still does not do so. Just look
at the sections of the Sustainability Plan and you will see that it does not get the priority
it deserves. lt is one of the few sections that has little, to no description. lt is my hope
that by assessing in monetary value, the specific economic benefits of trees in cities,
green infrastructure will become an important asset that is worthy of investment in MB.
Scientists have measured the treemendous returns that trees provide for people in
cities. Adequate resources for both planning and management of urban green is
necessary if our city wants to optimize the values and benefits of the urban forest.
Here are some facts that I believe you will find enlightening:
1. a 25 ft. tree reduces annual heating and cooling costs of a typical residence by
8 - 12%. Also, buildings and paving in city center (i.e. convention center p lots)
create a heat island effect. A mature tree canopy reduces air temperatures by
5 to 10 degrees, influencing the internaltemps of nearby buildings.
2. Atypicd person consumes about 386 lbs of oxygen per year. A healthy tree, say
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a 32 ft. tall tree, can produce about 260 lb. of oxygen annually; two trees supply
the oxygen needs of a person each year. A mature tree absorbs from 120-240lbs. of
small particles and air pollution. For example, in Sacramento, this represents a
value of $28.7 mil
3. The canopy of a street tree absorbs rain, reducing the amount of water that will fall
on pavement and then must be removed by a storm water drainage system. ln one
study, 32 feet tall street trees intercepted rainfall, reducing storm water runoff by 327
gallons. Trees must be an important component of any storm water master plan.
4. lna surveyof one southern community,T4o/o of the public preferred to patronize
commercial establishments whose structures and parking lots are beautified with
trees, landscaping. Shoppers will spend 9.12o/o more if large trees are on the site. Yet
we have developers who continue to get approval for zero lot
line setbacks; vifiually no green infrastructure and still insist that trees interfere with
store signage.
5. Weyerhauser surveyed real estate appraisers and 86% of them agreed that
landscaping added to the dollar value of commercial real estate. 92o/o also agreed that
landscaping enhances the sales appeal of commercial real estate. Why is the city
reluctant to impose a percentage of green infrastructure in every commercial project?
It would benefit the residents, the community and the businesses!
6. Severalstudies have analyzed the effects of trees on actual sales prices of
residential properties. Homes with equivalent fetures; in one area a 6% increase in
value was found to be associated with the presence of trees. Another study showed
that tree size affected values of more costly homes. 5-20% increae in residential
value , according to close proximity to natural open space. The presence of larger
trees add 3-15o/o to home values.
7. Regarding Unimproved property value, there was a 30% difference in appraised
value based on the amount and variation of tree cover.
Mark Williams has calculated the dollar benefits of a city tree so that you can relate this
to MiamiBeach.
Now that we understand that green infrastructure is a valued material asset, how do we
make sure that we make the right decisions to invest in its planning, preservation and
and maintenance.
1. Commitment to increase shade canopy to 30% - we do not have an action plan to
get there. why? because the reforestation plan is only one piece of the puzzle.
The majority of the planning of our canopy is controlled through Planning ClP, Public
Works. Greenspace is brought it at the tail end of the process...when it is time to
plant.
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2. Tree Ordinance - show 2001 article saying it was forthcoming. MARK GIVES
UPDATE
3. Landscape Ordinance - has not yet been initiated
Adopt new policies that mandate o/o?ea of green infrastructure in all projects,
residential, commercial or public. Any new developments must be designed with
building setbacks that provide space for green infrastructure. Examples of two new
projects approved with no space
for greenspace: 17th st./west hotel and 17th street and michigan.
Stop the ongoing destruction of mature trees before it happens- i.e. Lincoln Lane p
lots; each developer gets approvals to remove mature trees rather than planning the
project design around them
5. Stop the planting of wrong tree in wrong location - i.e. GO bond projects; wrong soil
conditions; inferior stock. Example of Collins Canal landscape plan; originally wrong
species.
6. Stop the wideninq of streets which eliminates the space for large street trees - GO
Bond developments. !n other words, designs, building setbacks must incorporate
space for green infrastructure. Adopt new planning policies regarding mandating a
o/o"ea of green in all private
7. Centralize the planning, maintenance functions
The problem in our city is there is no overarching policy and too many
different departments and boards are involved in planning our greenspace.
ln fact, the only department that is not significantly involved in the planning
process is the Greenspace Management Division. GTAG recommended adding
a landscape architect position to all land use boards but it was rejected.
So you have a board like HPB, that weighs in on green infrastructure, as it
wrongfully did on the Collins Canal, that doesn't
even have a professional sitting on the board.
B. lt is long past due to approach things holistically - green infrastructure,
below ground improvements, above ground construction, etc.; now more than
ever green infrastructure should be used to complement traditional infrastructure
for flood mitigation.
9. Tree inventory - organizing to do it but the city needs to allocate additionalfunding
to make it possible. there is a shortfall of $30,000. We are way behind the 8 ball.
There is no efficient way to plan green infrastructure if there is no base line inventory
from which to work. Mark report.
11. Collins Canal - need high level staff at city and county levels to work out solutions;
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need politicalwill. Right now everything is at a low level bureaucratic level.
12. Convention center - There is a need for substantial green space (different from
Public Space) with native shade trees, not palm trees laced together for shade; we
have an opportunity to create a world class park using Singapore and other
progressive cities as models.
Just as we evaluate other developer plans, we will be doing the same with the CC.
We have considerable concerns with the berm proposed by South Beach ACE.
We think it will be high maintenance; it will be inaccessible to segments of the
population
(i.e. elderly, disabled). Our other concern is that they said there were 28 acres of
green space. This isn't really the case..as there are a lot of plazas, hardscapes.
Also, they said this acreage was put aside for "future flexibility'' if the city wants to
develop something else in the future. This is like saying we're giving you Central
Park, but only temporarily, because it will be up for grabs for future development.
13. We have entire sections of the city with little to no trees/vegetation because of
commercial projects that do not incorporate green space. i.e. success of Palau
negotiations
14. RCAP:
- lncorporate naturalcapital in climate adaptation planning (ltem NS-4 on RCAP).
Who is responsible for this?
- Need CMB climate adaptation task force consisting of members of the scientific
community (academicians and NGOs)
- Need multi disciplinary approach to the Regional Climate Action Plan.
ln reviewing the Natural Systems actions, it is not clear to me who is responsible
for imptementing these actions. At what stage, will there be a meeting of the various
departments, including Greenspace, to involve them and take advantage of their
expertise? For example, who is factoring in the impact of salt water intrusion on
our urban forest and our ability to maintain and restore our tree canopy?
The city must take back the swales (ROW). This is not private property. The only
way we will be able to make an action plan to increase the canopy is have the
public space available for planting trees. This is become a highly political issue.
Our elected officials dont want to tell people that they must remove their illegal
statuary, structures, hedges and inappropriate trees even though this is land
belongs to the public. i.e. Coral Gables has a ROW committee consisting of
members of various depts. that evaluate permit applications. lf approval is not
given, the owner must remove, at their expense, the illegal item.
. Allocate funds for educating the public about Florida-Friendly Landscapes that use
less water, create wildlife habitats, protects watenruays, soil and conserve energy.
15.
16.
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All of these actions require POLICY CHANGES, ORGANIZATIONAL CHANGES and
additional RESOURCES. Untilgreen infrastructure is approached as a valuable asset,
worthy of investment, it will continue to be an afterthought in the planning of our city.
We have an opportunity to change this.
lf I can leave you with a simple message....we must recognize the valuable asset we
have and we must organize and institute new policies to make sure green infrastructure
plays a critical in planning for a sustainable future. There is a saying "the best time to
plant a tree was 20 years ago; the second best time is now."
I hope you will support our efforts to finally make green infrastructure a priority.
Thank you.
,rh
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Kane. Dessiree
From:
Sent:
To:
Subject:
sheryl gold [shergoldcom @gmail.com]
Wednesday, June 03, 2015 2:45 PM
Kane, Dessiree
That Tree on the Corner May Be Worth More Than Your House - Next City
That Tree on the Corner May Be Worth More Than Your House
Pittsburgh | 02/ l8/2A13 4:52pm I p
Nate Seltenrich lNext Citv
Pittsburgh estimates its hee cover provides $2.4 million a year in benefits. Credit: Flickr user Dougtone
In 2005, Pittsburgh had 31,000 trees on 900 miles of streets. Which may seem like a decent amount, until you
realize the ideal number of street trees for a city that size is 60,000.
This was a problem - one of many faced by the cash-shapped city - and so Pittsburgh decided to consider its
trees like it would any other asset: By measuring their benefits in terms of cold, hard cash.
At a time when cities across the nation are slashing street tree funding in order to balance shained budgets,
Pittsburgh's tum to monetizing the urban forest has become increasingly relevant. Trees in an urban setting,
whether in sidewalks, medians, yards or parks, have benefits beyond grving shade.
And these benefits translate into dollars and cents: Trees filter air and water, sequester carbon, offer habitat and
shade, reduce the urban heat-island effect, boost property values, buffer storms, and even provide a source of
energy through waste wood and mulch, among other services.
To calculate the value of Pittsburgh's street trees, a non-profit called Friends of the Pittsburgh Urban Forest
(now Tree Pittsbureh) turned to a modeling program called i-Tree, released in 2006 by the U.S. Forest Service
in partnership with Davey Tree company. Now in its fifth iteration, the free program allows cities and other
users to describe the benefits of trees in language clear enough for those who can't tell an ash from an aspen.
Recently, the Forest Service released a mobile version of the program.
After inputting raw data from the inventory in i-Tree, Tree Pittsburgh found that the city's street trees - strictly
those planted in sidewalks and medians - provided $2.4 million worth of environmental and aesthetic value
every year. (A 2011 analysis of Pittsburgh's total tree cover, which involved sampling more than 200 small
plots throughout the city, showed a value of between $10 and $13 million in annual benefits based on the entire
urban forest's contributions to aesthetics, energy use and air quality.) The values take into account energy
savings from shade, impact on the city's air and water, and the boost in property values associated with leaff
neighbors.
Given the city's annual expenditures of $850,000 on street tree planting and maintenance, Tree Pittsburgh
concluded that the city received $3 in benefits for every dollar it invested in street trees. That math helped
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convince the city that upfront investment in trees was worthwhile, and so last suillmer Pittsburgh released a
detailed rnaster plan for maintaining and expanding its urban forest over the next two decades.
"The data has been extremely valuable," said Matthew Erb, Tree Pittsburgh's director of urban forestry. "The
data is really the backbone of our master plan. Without that data, it would be kind of generic recommendations
that you could apply to any city's master plan."
I-Tree is based on a model first developed by Forest Service researcher Dave Nowak in the late 1990s, derived
from research he began in the late '80s. Nowak's goal from the beginning, first as a Ph.D. student at UC
Berkeley studying Oakland's urban forest, and later as a consultant for cities including Chicago and New York,
was to provide a statistical basis for understanding the function of trees within a given city. His goal was not to
protect urban forests by assigning them a dollar value per se, but rather to allow planners to see how changes to
the urban forest can affect citywide environmental quality.
"'W'e're tryrng to help managers or politicians or mayors make informed decisions - and not just pull a number
out of a hat - and develop the best design so you get the best return," Nowak said.
I-Tree has grown considerably more complex since its launch, yet the underllng concept remains the same:
You tell us about your trees, and we'll use various multipliers to quantiff what they do for you.
For example, the program uses an estimated social cost per ton of carbon emitted in the U.S. to assign a value to
the carbon sequestration performed by urban forests. And it uses a GlS-based tool from the Environmental
Protection Agency called BenMAP to calculate the economic benefits of reductions in air pollution.
For i-Tree version six, due out in mid-2014, Nowak hopes to add new modules that tabulate benefits related to
air temperature, ultraviolet radiation and habitat for select bird species. Also contributing to these improvements
are another five or six Forest Service researchers and six Davey Tree employees, who focus on the program's
front end. The two entities - one private, one public - have partnered on the project for more than a decade.
Their work is catching on. I-Tree software has been downloaded more than 10,000 times by users in the U,S.,
according to Scott Maco, Davey's managil of ecosystem services. This includes city officials in places like
New York, Milwaukee, and Chattanooga. The program also has a market abroad.
o'That international component is growing at quite a rapid clip," Maco said, pointing to clients in Canada,
Australia, Brazll and Chile. Nowak is planning to develop new platforms for India and China.
Back in Pittsburgh, proving the case for investments in urban forestry has even led to a slight uptick in funding,
Erb said, at a time when many cities are seeing quite the opposite.
Tags: environment, pittsburgh, epa, green infrastrucfure, urban forest, trees, itree, davey tree, dave nowak
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r.-..-"Ir-,"irnrrffi-mrry
OFFICE OF IHE CITY ATTORNEY
RAULJ. AGUILA, CITY ATTORNEY
TO:
FROM:
DATE:
RE:
COMMISSION MEMORANDUM
Mayor Philip Levine
Members of the City Commission
City Manager Jimmy Morales
Raul J. Aguila, city Aftor n"f(-,!- 0g,[---
June 10, 2015
DISGUSSION OF PROPOSED ORDINANCE TO MAKE THE
MISDEMEANOR ACTS OF POSSESSION OF CANNABIS
(MARIJUANA} AND DRUG PARAPHENILIA ELIGIBLE FOR
CIVIL VIOLATIONS AND PENALTTES UNDER THE CITY CODE.
Pursuant to the request of Mayor Philip Levine, the above-referenced matter is
submitted for discussion and approval on first reading, by the City Commission at the June 10,
201 5 Commission meeting.
The attached proposed Ordinance is similar to legislation that is currently being
considered by Miami-Dade County (County). On April 21,2015, the Miami-Dade County Board
of County Commissioners passed an ordinance on first reading that, among other offenses
deemed misdemeanors under State law, makes the possession of cannabis (marijuana) in an
amount of 20 grams or less and the possession of drug paraphernalia eligible for prosecution as
a civil violations under the County Code and punishable by a $100 fine. The County ordinance
provides an alternative means of enforcement for certain State misdemeanor offenses by
providing a civil code penalty instead of a criminal penalty.l The area of drug abuse control ii
not preempted to the State, thus local governments may enact ordinances on this subject
provided that the local law does not conflict with State law by, for example, providing for a more
severe penalty than prescribed by State law. Edwards v. State, 422 So. 2d 84 (Fla. 2d DCA
1s82).
Like the County ordinance, the proposed City Ordinance provides a civil enforcement
option for the State misdemeanor offenses of possession of a minor amount of marijuana and
the possession of drug paraphernalia and sets forth a penalty less severe than, and thus not in
conflict with, State law. ln addition, the proposed City Ordinance would provide an additional
deterent to such violations and would give law enforcement officers an additional enforcement
1 Under Section 893.13(6Xb), Fla. Stat., the possession of 20 grams or less of cannabis
is a first degree misdemeanor. Under State law, this offense is punishable as provided in
Sections 775.082 or 775.083 of the Florida Statutes which provide for a definite term of
imprisonment not exceeding 1 year and up to a $1,000 fine.
Agenda ltem R?&
oate 6-lO4{769
option when encountering these offenses. Under the proposed Ordinance, law enforcement
officers will have the discretion to issue a civil citation under the City Code or arrest, or not
arrest, for the commission of a misdemeanor under State law.
F:\ATTO\TURN\COMMMEMO\Comm Memo re Amend City Cod€ civit violations.docx
770
R1 0
CITY ATTORNEY REPORTS
771
MIAMIBEACH
City of Miomi Beqch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of the City Commission
FRoM: Raut Asuila, City Attor ""84If L---
DATE: June 10,2015
SUBJECT: City Aftorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST
REPORT
1. Tropic Fire Protection. Inc. vs New National. LLC. et a!.. Case No. 1 5-8254
ami-Dade County,
Florida)
This is an action to foreclose a mechanics lien on real property located 1677
Collins Avenue, Miami Beach, Florida. The Summons and Complaint were served
on the City on May 11,2015.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on May 12,2015.
2. Murano Grande at Portofino Condominium Association. lnc. et al. vs The
Judicial Circuit in and for Miami-Dade County, Florida)
This is a breach of contract and eviction action in connection with the City's
leased premises located at 400 Alton Road, Miami Beach, Florida. The Complaint
filed by the three (3) associations, the master condominium association and the
two (2) condominium associations, is in connection with an alleged default for
failure to pay certain operating expenses as additional rent. The Summons and
Complaint were served on the City on May 21,2015.
The City's response will be timely filed.
and Carrilo. P.A.. V.Case No.
2015-10704 CA22 (Circuit Court - 11'n Judicial Circuit, in and for Miami-Dade
County, Florida)
On May 26,2015, the Law Office of Carrillo & Carrillo, P.A. (the "Plaintiff') serveda Complaint upon the City of Miami Beach, Police Chief Oates, City Clerk
Granado, Code Compliance Director Cardeno and First Assistant City Attorney
Aleksandr Boksner, which sought an Alternative Writ of Mandamus to Compel the
production of certain public records (the "Complaint") held by the City of Miami
Beach. The Complaint was filed on May 22, 2015. Specifically, the Plaintiff
Agenda ltem R l0A
Date blH{772
City Attorney's Repoft
June 10, 2015
Page 2
asserted that the City of Miami Beach failed to respond to several public records
requests submitted to the Clerk's Office, Police Chiefs Office, Code Compliance
Department and the City Attorney's Office pursuant to Chapter 1 19 of the Florida
Statutes, and that such a failure violates the provisions of Chapter 119, which
entitles the Plaintiff to attorneys' fees and costs.
The City Attorney's Office attended a hearing on May 28,2015, and the Circuit
Court ordered the Plaintiff to pay for those records requested by the Plaintiff. The
Circuit Court order to pay for the records was based upon the City Attorney's
Office remitting two (2) letters dated April 17,2015 and April 22,2015 that
identified the availability of public records, and that that these public records will
be provided upon payment of $222.19 to the City. ln that regard, the City
Attorney's Office intends to file its Motion for the Perpetuation of a Fraud upon the
Circuit Court, which will assert that the Plaintiff fraudulently misrepresented to the
Circuit Court that the City never responded to the public records request, despite
the City Attorney's Office notifying the Plaintiff, on two (2) separate occasions, that
the cost for the duplication of the records must be remitted to the City pursuant to
Florida Law.
LLC. etc.Case No.
0945105 CA 09
County, Florida)
(Circuit Court - 11 in and for Miami-Dade
This is an action to foreclose a mortgage on real property located 8Og 2nd Street,
Miami Beach, Florida. The Summons and Second Amended Verified Complaint
were served on the City on May 28, 2015.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, will be timely filed.
RA\SR\AB\IT
F:\ATTO\AAOFF\AAOFF\FlLE.#S\201 s\Status Report CAO 061 01 5.docx
773
REPORTS
AND
INFORMATIONAL ITEMS
774
1. Reports and lnformational ltems
(see LTC 231-2015)
Agenda ltem /
o^r.-6-h17775
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776
r--. --.Im-r--
LETTER IO COMMISSION 216-201s
To:Mayor Philip Levine and Members
From: Jimmy L. Morales, City Manager
Date: June 10,2015
Subject: List of Projects Covered by the C
ln an effort to disseminate information to elected officials and City staff relative to projects that
are covered by the requirements of the City's Cone of Silence Ordinance, following is a list of all
current solicitations (i.e., lnvitation for Bids ("Bids"), Request for Proposals (RFPs), and Request
for Qualifications (RFQs), that, to date, are covered by the ordinance. Please note that the
Cone of Silence is in effect from the date the solicitation is advertised, as indicated below,
through date of award by the City Commission.
e of Silence Ordinance
2014-346-RFQ-YG 9t18t2014
Professional Architectural and Engineering
Services in Specialized Categories on an "As-
Needed-Basis"
Citywide
2014-253-RFP-YG 11t12t2014 Design/Build Services for 54" Redundant Sewer
Force Main - Phase ll
Public Works
2015-081-|TN-LR 0112712015 lnvestment Advisory Services Finance
2015-073-RFQ-JR 02t13t2015
Plans Review, lnspections and Permit Clerk
Services to Provide Professional Services on an
"As-Needed Basis" and on an "On-Going Basis"
for the Buildino Deoartment
Building
2015-012-tTB-AK 02104t2015 Bulk Mailing Services Citywide
2015-112-RFP-WG 03t13t2015
To Provide Wellness Services to the City of
Miami Beach for its Active Employees and their
Deoendents
Human
Resources
2015-093-tTB-MC 0312512015 Moving of Office Furniture Supply and
Equipment Citywide
2015-046-tTB-MC 0312512015 Replace Driving Range Netting at the Miami
Beach Golf Club
Parks and
Recreation
2015-127-RFQ-JR 03t20t2015 Architect and Engineering Services for the
Middle Beach Recreational Corridor
Environmental
Sustainability
2015-11s-RFQ-JR 03t20t2015
Program Manager for the lntelligent
Transportation System and Parking
Manaoement Svstems
Transportation
AsendaiT"fu777
Page l2
Please note that lTBs, RFPs, and RFQs are being issued on a daily basis. Therefore, it is
recommended that you or your staff view the list of projects under the Cone of Silence on a
regular basis. Should you have any questions or need additional information, please feel free to
contact me.
,,.m^h
7l \A GENDr\\20 1 5V u ne Procu re me ntV u ne Cone LTC
2015-133-RFP-
YG 0510512015
Design/Build Services for
Neighborhood No. 8: Central Bayshore
South Rioht-of-Wav I nfrastructure
CIP
2015-144-RFQ-
YG ost08t2015 Public lnformation Services on Right CIP
2015-145-tTB-AK 0510512015 Emergency Board Up and Security
Services
Building/Code
Compliance
2015-137-tTB-AK 05t26t2015
(Tentative)
Pre-Qualification of Bidders for Pour in
Place and Bonded Aqqreqate Parks and Recreation
2015-146-RFP-
YG 04t21t2015 Parking Attendants Parking
2015-135-RFP-
WG 0412112015 Parking Meter Collection Services Parking
2015-117-tTB-MT 06t12t2015
(Tentative)
Annual lnspection, Testing,
Certification Repairs and Maintenance
for the Citywide Fire Sprinkler
Systems, Fire Pumps, Standpipes and
Fire Backflow Preventers
Property
Management
2015-163-RFP-
LR o411712015 City Website Design, Development
and implementation IT
2015-160-RFQ-
YG 05t08t2015 Constructability, Cost, and Value
Enqineerinq Review Services CIP
2015-176-RFP-
JR 0511112015 Elevator lnspections and Plans Review
Services Building
2015-O13-RFP-
YG 0510812015 Security Officer Services Emergency
Manaoement
2015-178-RFP-
WG 05t14t2015
lnstallation and Operation of Citywide
Automated Teller Machines (ATM) at
various City-Owned Properties and
Facilities
Tourism, Culture and
Economic
Development
2015-182-tTB-JR 0512912015
(Tentative)City Hall HVAC & VFD Replacement Property
Manaoement
2015-157-lTB-JR 05t29t2015
(Tentative)Seawall Rehabilitation at Muss Park Public Works
2015-177-RFP-
JR
06t12t2015
(Tentative)
Electric Vehicle Charging Stations for
the City's Parking Facilities, Parking
Garaqes. and Surface Lots
Environment and
Parking
2015-191-|TB-YG 05t27t2015 South Pointe Park Water Feature
Rehabilitation CIP
2015-195-RFP-
LR 0611112015 Health Care Benefits Consultant
Services Human Resources
778
coMMrssroN MEMORANDUM
TO:
FROM:
DATE:
SUB.JECT:
MIAMI BEACH
Cify of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
Mayor Philip Levine and Members of ihe City Comntirrlon
Jimmy L. Morales, City Manager ',1. -----, ,>
June 10, 2015
REPORT FROM COMMISSTON COMMITTEES OF WITHDRAWN ITEMS NOT
HEARD WrrHrN (6) SrX MONTHS FROM REFERRAL DATE.
Pursuant to Resolution No. 2013-28147, items that are referred to Commission Committees to
be reviewed, but are not heard by that Committee within (6) six months of its referral date are
automatically withd rawn.
Attached is a list of item(s) that were automatically withdrawn for June 2015:
Neiq hborhood/Gommunitv Affairs Committee
There are no items to be automatically withdrawn at this time.
Finance & Citnwide Proiects Committee
There are no items to be automatically withdrawn at this time.
Sustainabilitv & Resiliencv Committee
There are no items to be automatically withdrawn at this time.
Land Use & Development Committee
There are no items to be automatically withdrawn at this time.
JLM/REG
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AsendarDT.fu=779
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780
RDA
781
Condensed Title;
lerk's Office
T:\AGENDAt201 1555 Washington Avenue - New Ag reement\1 555 Wash ingtonAven ue
REDEVELOPMENT AGENCY ITEM SUMMARY
FIRST READING
A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment Agency (RDA), Accepting The
Recommendation Of The Finance And Citywide Projects Committee, On First Reading, And Authorizing The Chairperson
And Secretary To Execute A Lease Agreement, Between The RDA (Landlord) and Cubiche 105, LLC (Tenant), ln
Connection With The Use Of Suite Nos. 1-3 At The Anchor Shops, Located At 1555 Washington Avenue, For A Term Of
Nine (9) years And 364 Days From Rent Commencement; And Allowing Pursuant to Section 1.03 Of The City Code, An
Additional Two (2) Renewal Options For Five (5) Years Each; Further Waiving The Competitive Bidding Requirement;
The Prooosed Lease To The Board And Settinq A Public For Second (And Final
N/A
Data (Surveys, Environmental Scan, etc.):
Item Summary/Recommendation:
The Miami Beach Redevelopment Agency (RDA) and BBQ Beach, lnc. were parties to a retail lease dated March 1, 2006,
tor 6,217 square feet of restaurant space, located at 1555 Washington Avenue, Suites 1-3, Miami Beach, Florida 33139
(Premises), for a period of ten (10) years, commencing March 1 , 2006 and ending February 29,2016, with one (1) renewal
option for an additional ten (10) years.
BBQ Beach breached its lease by failing to remit rent for the months of April 2014 through December 2014 and on or
about October 27,2014, was served with a Three (3) Day Notice, by the City, as a precondition to filing an eviction lawsuit.
On April 13, 2015, the RDA and BBQ Beach entered into a Settlement Agreement and Release whereby BBQ Beach
agreed to various terms and conditions, including the payment of $137,776.00, in twelve equal installments of $1 1 ,480.00,
representing back rent for the period ending February 28,2015.
Subsequently, the Administration secured a fair market rental appraisal, marketed the Premises for lease, identified
Tenant as a prospective user, commenced negotiations and, ultimately agreed to terms and conditions for a new lease.
The terms and conditions of the new lease agreement include an initial tern for a period of nine (9) years and three
hundred and sixty four (364) days, and an additional two (2) renewal options for five (5) years each, at market rent.
Pursuant to Section 1.03(bX4), of Article I of the charter of the City of Miami Beach, leases of City-owned property, of ten
(10) years or longer, including renewal options, require the approval by a majority of 4l7lh vote of all members of the
Planning Board and 6/7th vote of the City Commission.
Pursuant to Section 82-38 of Article ll of the City Code, a planning analysis is required. The Planning Department
performed said analysis and concluded: the proposed use for the site is consistent with the goals, objectives and policies
of the City; the use will generate no negative impacts for the surrounding area and the property would continue to serve
the public interest.
Pursuant to Section 82-39(a) of Article ll of the City Code, an advertised public bidding process, or the waiver of same by a
5/7th vote of the City Commission will be required.
Pursuant to Section 82-37(a)(2) of Article ll of the City Code, the approvalof this lease will require two readings, with the
second reading to be a accompanied by a public hearing.
The Administration recommends that the City Commission adopt the recommendation of the FCWPC from its May 20,
2015 meeting, and approve a new lease agreement, subject to final review and approval by the City Attorney's Office.
The ltem has been for the June 23'd Plannino Board
The Administration submitted the agreed upon terms and conditions to the Finance and Citywide Projects Committee
(FCWPC) at its May 20,2015 meeting, and the FCWPC recommended approving a new lease agreement with Tenant, for
a period of nine (9) years and three hundred and sixty four (364) days; and further recommended allowing an additional
Max Sklar, ext. 6116
E MIAMIBEACH AGENDA
(6-1 0-1 5).docx
782
MIAMIBEACH
Crty of ltiomi Beoch, I 700 Convention Cenler Drive" Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
REDEVELOPMENI AGENCY MEMORANDUM
Chairperson and Members of the Miami Beach
Jimmy Morales, Executive Director
June 10,2015
FIRST READING
SUBJECT: A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY (RDA), ACCEPTING THE
RECOMMENDATION OF THE CITY'S FINANCE AND CITYWIDE PROJECTS
COMMITTEE, ON FIRST READING OF THIS RESOLUTION, AND APPROVING,
A LEASE AGREEMENT BETWEEN THE RDA (LANDLORD) AND GUBTCHE
105, LLC (TENANT), lN CONNECTTON WITH THE USE OF SUTTE NOS. 1-3 AT
THE ANCHOR SHOPS, LOCATED AT 1555 WASHINGTON AVENUE, MIAMI
BEACH, FLORTDA (PREM!SES), FOR A TERM OF NINE (9) YEARS AND
THREE HUNDRED AND SIXTY FOUR (364) DAYS FROM RENT
CoMMENCEMENT, W|TH TWO (2) RENEWAL OPTIONS, FOR F|VE (5) YEARS
EACH; FURTHER WAIVING, THE COMPETITIVE BIDDTNG REQUIREMENT IN
sEcTloN 82-39(A) OF THE CITY CODE, FINDTNG SUCH WATVER TO BE lN
THE BEST INTEREST OF THE CITY/RDA; REFERRING THE PROPOSED
LEASE TO THE PLANNING BOARD, FOR REVIEW AND APPROVAL, AS
REQUIRED PURSUANT TO SEGTTON 1.03(BX4) OF THE CtTy CHARTER, AND
SETTING A PUBLIC HEARING, AS REQUIRED PURSUANT TO SECTION 82.
37(AX2) OF THE CITY CODE, FOR SECOND (AND FINAL) READTNG AND
PUBLIC HEARING.
ADMINISTRATION RECOMMEN DATION
Adopt the Resolution.
BACKGROUND
The Miami Beach Redevelopment Agency (the 'RDA') and BBQ Beach, lnc. were parties to a
retail lease dated March 1, 2006, for 6,217 square feet of restaurant space, located at 1555
Washington Avenue, Suites 1-3, Miami Beach, Florida 33139 (the "Premises"). The lease was
fora period of ten (10) years, commencing March 1,2006 and ending February 29,2016, with
one (1) renewal option for an additionalten (10) years.
BBQ Beach breached its lease by failing to remit rent for the months of April 2014 through
December 2014. On or about September 16, 2014, BBQ Beach was served with a Notice of
Termination of Tenancy wherein the RDA requested payment of rent or termination of the
tenancy. Having failed to cure the default, on or about October 27, 2014, BBQ Beach was
served with a Three (3) Day Notice, as a precondition to filing an eviction lawsuit. The parties
agreed it would be in their best interests to resolve and settle any and all claims which were, or
could have been, asserted in a commercialeviction action.
On April 13,2015, the RDA and BBQ Beach entered into a Settlement Agreement and Release
whereby BBQ Beach agreed to various terms and conditions, including the payment of
TO:
FROM:
DATE:
783
Red evelop m e nt Age n cy M e mo ra n d u m
1555 Washington Avenue - New Lease Agreement
June 10,2015
Page 2 of 5
$137,776.00, in twelve equal installments of $'11,480.00, representing back rent for the period
ending February 28, 2015.
ANALYSIS
ln anticipation of the Premises being vacated by BBQ Beach, the City, on behalf of the RDA,
began marketing the space for lease in Novembet 2014. ln order to obtain current and accurate
market rental data, the City procured the services of a certified appraiser to provide a Market
Rent Analysis, dated March 27, 2015 (the "Analysis"), which is attached hereto as Exhibit A
(Market Rent Analysis). As contained in the Analysis, the current market rent for comparable
space is $59.00 per square foot, on a triple net (NNN) basis, with operating expenses averaging
$15.58 per square foot.
Also, in order to obtain an accurate drawing of the Premises, and to verify the size of the
Premises, the City procured the services of a licensed architect to provide an updated drawing
of the retail area, dated April21,2015 (the "Floor Plan"), which is attached hereto as Exhibit B
(Floor Plan). As contained in said Floor Plan, the Premises contains 7,130 total square feet,
consisting of 6,342 square feet of ground floor space and 788 square feet of 2nd floor space.
The Administration identified the following three (3), primary leasing objectives in procuring a
new tenant for the Premises: 1) a user which would provide a positive impact on the Anchor
Shops property and the Washington Avenue & 16th Street area overall, 2) a user with a
successful track record and a high likelihood of being successful at the Premises and 3) a lease
agreement which includes terms and conditions providing the greatest financial return to the
City.
The City received substantial interest in the Premises, including five (5) proposals, ranging from
the entire Premises (7,130 square feet) to a portion of the Premises (+/- 1,600 square feet).
The Administration was not satisfied with the type of prospects which were expressing an
interest in the Premises as none of them, in the Administration's view, satisfied the established
leasing objectives. For this reason, the Administration, via a piggyback of the State of Florida
Department of Management Services contract, was in discussions with CBRE, a national, full-
service real estate provider, to market the space on a national basis.
Prior to finalizing the listing agreement with CBRE, the Administration identified Tenant as a
prospective user which satisfied all of the established leasing objectives. Tenant is a newly
formed joint venture, comprised of the principles of two local restaurants, which will offer Latin
cuisine in a fine dining setting. A business plan for Tenant is attached hereto as Exhibit C
(Business Plan). The Administration commenced negotiations and, ultimately agreed to terms
with Tenant, as contained in the executed Letter of lntent dated April 28, 2015, attached hereto
as Exhibit D (Letter of lntent). Additionally, the Lease Agreement, in substantial form, subject to
final review and approval by the City Attorney's Office, is attached hereto as Exhibit E (Lease
Agreement).
As contained in said Letter of lntent, the Base Rental Rate is $60.00 per square foot, with three
percent (3%) annual increases. The Operating Expenses for the Anchor Shops building are
estimated at $3.00 per square foot for 2015. The schedule of Base Rent and Operating
Expenses due over the initial ten (10) year term, are illustrated in the following chart:
(Remainder of Page lntentionally Left Blank)
784
Square Feet:
Rent PSF:
lncreases:
Year
7
2
3
4
5
5
7
8
9
10
PSF
Base
Rent
S60.oo
s61.80
s63.6s
s5s.s6
Soz.ss
s69.s6
$77.64
s73.79
s76.01
s78.29
PSF
Operating
Expenses
S3.oo
53.oo
53.oo
S3.oo
s3.00
s3.00
Ss.oo
53'oo
s3.00
s3.00
Monthly
Operating
Expenses
5t,782.s0
s1,782.s0
s1,782.s0
s1,782.s0
St,782.so
s1,782.s0
s1,782.s0
s1,782.s0
s1,782.s0
Annual
Operating
Expenses
s21,390.00
s21,390.00
s21,390.00
s21,390.00
s21,390.00
s21,390.00
s21,390.00
s21,390.00
s21.390.00
Monthly
Base Rent &
Op. Exp.
537,432.s0
sse,soz.oo
s39,603.s9
540,738.22
s41,906.89
543,1L0.62
5M,3s0.46
54s,627.s0
S4G,942.8s
54,297.66
Rent Rent
s3s,5s0.00 s422800.00
s36,719.s0 s440,634.00
s37,82r.09 s4s3,8s3.02
s38,9ss.72 5467,468.67
s4o,D439 5481,492.67
54L,328.72 549s,937.4s
542,s67.96 Ss10,81s.s7
s43,84s.00 ss26,740.04
s4s,160.3s 5s4r,924.24
s45.51s.15 s558.181.97
s17,82s.00
Redevel o p me nt Ag e n cy M e m o rand u m
1555 Washington Avenue - New Lease Agreement
June 10,2015
Page 3 of 5
Tenant is represented by Koniver Stern Group, which shall be paid a leasing commission, by
the RDA, in accordance with a separate commission agreement. Said agreement is pending
review and approval by Legal and shall be included in the Commission Memorandum submitted
at second reading. The leasing commission shall be equal to three percent (3%) of the
aggregate Annual Base Rent over the initial term of the lease. Accordingly, Koniver Stern
Group shall be paid a leasing commission in the amount of $147,127.43, as illustrated in the
following chart:
Koniver Stern Commission Calculation
Aggregate Commission
Base Rent Rate Commission
54,904,247.s7 3.ffi% itql,t2t
Since the Administration did not execute the listing agreement with CBRE, no other leasing
commissions shall be payable by the RDA. However, in the event the City would have utilized
the listing services of CBRE, and if CBRE had identified Tenant for the Premises, the RDA
would be responsible to pay a leasing commission to CBRE, in addition to the commission due
to Koniver Stern Group. This represents a savings of $159,499.06, as illustrated in the following
chart:
(Remainder of Page lntentionally Left Blank)
785
CBRE Commission Calculation
Aggregate
Rent
So.oo - Ssoo,ooo
s500,001 - s2,500,000
s2,500,001 - s4,500,0m
s4s00,001- s6,499,999
Commission
Rate
3.50%
3.25%
3.OO%
2.75%
Commissionable
Amount
S5oo,ooo.oo
s2,000,000.00
s2,000,000.00
5678,147.57
Redevel o p me nt Age n cy Me m o ra nd u m
1555 Washington Avenue - New Lease Agreement
June 10,2015
Page 4 of 5
ln addition to the initial term of nine (9) years and three hundred and sixty four (364) days, the
Lease Agreement contains two (2) additional renewal options, for an additional five (5) years
each, at the then current fair market rent.
Leases of City-owned property, of ten (10) years or longer, including renewal options, require
the following Administrative approvals:
1. Pursuant to Section 1.03(b)(4), of Article I of the charter of the City of Miami
Beach, this proposed lease will require the approval by a majority of 4l7th vote of all
members of the Planning Board and 6/7th vote of the City Commission.
2. Pursuant to Section 82-38 of Article ll of the City Code, a planning analysis is
required. The Planning Department performed said analysis, attached hereto as
Exhibit E (Planninq Analvsis), and concluded: the proposed use for the site is
consistent with the goals, objectives and policies of the City; the use will generate no
negative impacts for the surrounding area and the property would continue to serve
the public interest.
3. Pursuant to Section 82-39(a) of Article ll of the City Code, an advertised public
bidding process, or the waiver of same by a 5/7th vote of the City Commission.
FINANCE AND CITYWIDE PROJECTS COMMITTEE
At the May 20, 2015 Finance and Citywide Projects Committee (FCWPC) meeting, the
Administration presented the terms and conditions set forth above. The FCWPC considered
this matter and recommended approving a new Lease Agreement with Cubiche 105, LLC, for a
period of nine (9) years and three hundred and sixty four (364) days; and further recommended
allowing an additional two (2) renewal options for five (5) years each.
CONCLUSION AND RECOMMENDATION
The Administration recommends in favor of accepting the recommendation of the FCWPC and
referring this item to the June 23'd Planning Board meeting pursuant to Section 1.03(b)(a), of
Article I of the charter of the City Code.
the Executive Director recommends waiving competitive bidding, as being in the
of the City/RDA.best
J ,fuk
786
Re d ev elop me nt Age n cy Me m o ra n d u m
1555 Washington Avenue - New Lease Agreement
June 10,2015
Page 5 of 5
Exhibits:A Market Rent AnalysisB Floor PlanC Business PlanD Letter of lntentE Lease AgreementF Planning Analysis
T:\AGENDA\201 5Uune\TCED\1555 Washington Avenue - New Lease Agreement\1555 Washington Avenue MEMO (6-10-i 5).docx
787
RESOLUTION NO.
A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI
BEAGH REDEVELOPMENT AGENGY (RDA), ACCEPTING THE
RECOMMENDATION OF THE CITY'S FINANCE AND CITYWIDE PROJECTS
COMMITTEE, ON FIRST READING OF THIS RESOLUTION, AND APPROVING,
A LEASE AGREEMENT BETWEEN THE RDA (LANDLORD) AND GUBIGHE 105,
LLC (TENANT), tN CONNECTTON WITH THE USE OF SUITE NOS. 1-3 AT THE
ANCHOR SHOPS, LOCATED AT 1555 WASHINGTON AVENUE, MIAMI BEACH,
FLORTDA (PREM!SES), FOR A TERM OF NINE (9) YEARS AND THREE
HUNDRED AND SrXTY FOUR (364) DAYS FROM RENT COMMENCEMENT,
wlTH TWO (2) RENEWAL OPTIONS, FOR FIVE (5) YEARS EACH; FURTHER
wAlvlNG, THE GOMPETITIVE BIDDTNG REQUTREMENT tN SECTTON 82-39(A)
OF THE CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST
OF THE CIry/RDA; REFERRING THE PROPOSED LEASE TO THE PLANNING
BOARD, FOR REVIEW AND APPROVAL, AS REQUIRED PURSUANT TO
SEGTTON 1.03(BX4) OF THE Ctry CHARTER, AND SETTTNG A pUBLtC
HEARING, AS REQUIRED PURSUANT TO SECTTON 82-37(AX2) OF THE ClTy
coDE, FOR SECOND (AND FTNAL) READTNG AND pUBLtC HEAR|NG.
WHEREAS, the Miami Beach Redevelopment Agency (RDA) and BBQ Beach, lnc. (BBQ
Beach) were parties to a retail lease dated March 1, 2006, for 6,217 square feet of restaurant
space, located at 1555 Washington Avenue, Suites 1-3, Miami Beach, Florida 33139 (Premises),
for a period of ten (10) years, commencing March 1 , 2006 and ending February 29, 2016, with one
(1) renewal option for an additional ten (10) years; and
WHEREAS, on April 13,2015, the RDA and BBQ Beach entered into a Settlement Agreement
and Release whereby BBQ Beach agreed to various terms and conditions, including relinquishing
possession of the Premises, and payment arrangements for back rent for the period ending
February 28,2015, in the amount of $137,776.00; and
WHEREAS, the Administration secured a fair market rental appraisal and thereafter marketed
the Premises for lease, identified the entity now known as Cubiche 105, LLC (Tenant) as the most
qualified restaurant operator, and ultimately negotiated material terms and conditions for a new
lease agreement; and
WHEREAS, the Administration, through its Executive Director, submitted the agreed upon
terms and conditions to the Finance and Citywide Projects Committee (FCWPC) at its May 20,
2015 meeting, and the FCWPC recommended approving a new lease agreement with Tenant, for
a period of nine (9) years and three hundred and sixty four (364) days, with two (2) renewal
options, for five (5) years each, containing the following additional material business terms:
Basic Rental Rate: $60.00 per square foot, with three percent (3%) annual increases.
Operating Expenses: Estimated at $3.00 per square foot for 2015, subject to adjustment
annually, based upon actualexpenses incurred by Landlord.
Basic Rental Rate
For Renewal Term: Basic Rental Rate, and annual increases, will adjust to fair market
rate at the commencement of each renewal term.
Rent Commencement: 210 days following lease execution.
788
Deposit:$224,595 Letter of Credit (initially, subject to one month reduction
annually, but not less than three months rent), plus first and last
month's rent, all due upon lease execution.
Tenant !nvestment: $500,000 in hard construction costsGommission: 3o/o of the aggregate Annual Base Rent over the initial term of the
lease, in the amount of $147,127.43.
WHEREAS, pursuant to Section 1.03(bX4), of Article I of the City Charter, leases of City-
owned property, of ten (10) years or longer, including renewal options, require the approval by a
majority of 4l7th vote of all members of the Planning Board, and 6/7th vote of all members of the
City Commission; and
WHEREAS, pursuant to Section 82-38 of Article ll of the City Code, a planning analysis will be
required; and
WHEREAS, pursuant to Section 82-39(a) of Article ll of the City Code, an advertised public
bidding process, or the waiver of same by a 5/7th vote of the City Commission will be required;
and
WHEREAS, pursuant to Section 82-37(a)(2) of Article ll of the City Code, the approval of this
lease will require two readings, with the second reading to be a accompanied by a public hearing;
and
WHEREAS, the Administration recommends the approval of a new lease agreement
containing these business terms, subject to final review and approval by the City Attorney's Office,
substantially in the form attached hereto as Exhibit A.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE GHAIRPERSON AND
MEMBERS OF THE MIAM! BEACH REDEVELOPMENT AGENCY, that the Chairperson and
Members of the Miami Beach Redevelopment Agency (RDA) hereby authorize the Chairperson
and Secretary to accept the recommendation of the City's Finance and Citywide Projects
Committee, on first reading of this resolution, and approve, a lease agreement between the RDA
(Landlord) and Cubiche 105, LLC (Tenant), in connection with the use of Suite Nos. 1-3 at the
Anchor Shops, located at 1555 Washington Avenue, Miami Beach, Florida (Premises), for a term
of nine (9) years and three hundred and sixty four (364) days from rent commencement, with two
(2) renewal options, for five (5) years each; further waiving, the competitive bidding requirement in
Section 82-39(a) of the City Code, finding such waiver to be in the best interest of the City/RDA;
referring the proposed lease to the Planning Board, for review and approval, as required pursuant
to Section 1.03(bX4) of the City Charter, and setting a public hearing, as required pursuant to
Section 82-37(a)(2) of the City Code, for second (and final) reading and public hearing.
PASSED and ADOPTED this day of
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Chairperson
2015.
IuIS=.Ioo"o1Suune\rcED\1555
washington Avenue - New Lease Asreement\155s wasninston6pfftbffi$tffi,
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Exhibit A
790
COUNSELING REPORT
MARKET RENT ANALYSIS FOR RETAIL SPACE
The Anchor Shops at South Beach
1555 Washington Ave. Suite 1-3
Miami Beach, FL 33139
Report 201516
PREPARED FOR
City of Miami Beach
Mark Milisits
Asset Manager
Tourism, Culture and Economic Development Department
Office of Real Estate
1755 Meridian Ave.
Miami Beach, FL 33139
PREPARED BY
BLAZF,JACK & COMPANY
l72W Flagler Street, Suite 340
Miami, Florida 33130
Phone: (305) 372-0211
Fax: (305) 374-1948
791
BLAZEJACK & COMPANY
REAL ESTATE COUNSELORS
March 27,2015
City of Miami Beach
MarkMilisits
Asset Manager
Tourism, Culture and Economic Development Department
Offrce of Real Estate
1755 Meridian Ave.
Miami Beach, FL 33139
Re: Appraisalof Real Property -201516
Market Rent Analysis
The Anchor Shops at South Beach
1555 Washington Ave. Suite 1-3
Miami Beach, FL 33139
Dear Mr. Milisits:
At your request, we have completed an analysis ofthe market rent ofthe above referenced property, to various
Assumptions and Limiting Conditions set forth in the accompanying report. The physical inspection and analysis
that form the basis ofthe report has been conducted by the undersigned.
Our analyses have been prepared in compliance with the standards and regulations of the Uniform Standards
of Professional Practice (USPAP). The accompanying report includes pertinent data secured in our investigation,
exhibits and the details ofthe processes used to anive at our conclusion ofvalue.
As a result of the examination and study made, it is my opinion that the Market Rent of the retail properfy,
subject to economic conditions prevailing, as of March 27,2075, the date of the analysis is.
Retail Space : $59.00 per square foot Rentable on a net basis.
Total Operating Expenses: $15.58/SF Rentable
Respectfully submitted,
BLAZEJACK & COMPANY
Digitally tEEd byhhn thzeja.k
J o h n B ! azej ac k $,i5lll**ilt:
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John Blazejack, MAI, CRE, FRICS
Partner
Cert Gen RZ-0093
Jose Wong
Senior Consultant
Cert Gen RZ-2797
172 W FLAGLER STREET, SUITE 340, MlAMl, FLORIDA 33130 .PHONE (305) 372-0211 oFAX (305) 374-1948
792
1555 Washington Ave
REPORT 201516
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SUMMARY OF FACTS AND CONCLUSIONS
The Anchor Shops at South Beach
Retail
1555 Washington Ave. Suite 1-3 Miami Beach
FL 33139
02-3234-919-1090
Source: Miami Dade Public Records
City of Miami Beach
City of Miami Beach
Market Rent
March27,2015
March23,2015
March27,2015
Approximately 6,217 SF
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Property Name:
Property Type:
Location:
Parcel Identification
Owner:
Client:
Interest Appraised:
Date of Appraisal:
Dates of Inspection:
Date of Report:
Property Size:
BLAZEJACK & COMPANY
REAL ESTATE COLTNSELORS
793
1555 Washington Ave
REPORT 201516
Highest and Best Use:
As Vacant: Mixed-Use Building Development
As Improved: Continued use as Mixed-Use Building
Value Indication, as of March 27,2015:.
Retail Market Rent: $59/ Square Foot Rentable on a net basis.
Total Operating Expenses: $15.58/Square Foot Rentable on a net basis.
BLAZEJACK & COMPANY
REAL ESTATE COUNSELORS
794
1555 Washington Ave
REPORT 201516
TABLE OF CONTENTS
CERTIFICATE OF VALUE........................ I
MARI(ET RENT ANALYSIS.
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Subject Photographs
Comparable Rent Photographs
Engagement Letter
Qualifications of the Appraisers
BLAZEJACK & COMPANY
REAL ESTATE COUNSELORS
795
1555 Washington Ave
REPORT 201516
CERTIFICATE OF VALUE
I certify that, to the best of my knowledge and belief,
o the statements of fact contained in this report are true and correct.
o the reported analyses, opinions, and conclusions are limited only by the reported assumptions and
limiting conditions, and are my personal, unbiased professional analyses, opinions, and conclusions.
o We have no present or prospective interest in the property that is the subject of this report, and no
personal interest with respect to the parties involved.
o We have performed no services regarding the property that is the subject of this report within the three-
year period immediately preceding acceptance of this assignment.
. We have no bias with respect to the property that is the subject of this report or to the parties involved
with this assignment.
o Our engagement in this assignment was not contingent upon developing or reporting predetermined
results.
. our compensation for completing this assignment is not contingent upon the development or reporting of
a predetermined value or direction in value that favors the cause ofthe client, the amount ofthe value
opinion, the attainment of a stipulated result, or the occurrence of subsequent event directly related to the
intended use ofthis appraisal.
o Our analyses, opinions, and conclusions were developed, and this reporthas been prepared, in conformity
with the Uniform Standards of Professional Appraisal Practice.
o Jose Wong have made a personal inspection of the property that is the subject of this report.
o No one provided significant real property appraisal assistance to the persons signing this certification.
o The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in
conformity with the Code of Professional Ethics and Standards of Professional Appraisal Practice of the
Appraisal Institute.
o The use of this report is subject to the requirements of the Appraisal Institute relating to review by its
duly authorized representative.
o As the date of this report John Blazejack has completed the continuing education program of the
Appraisal Institute. Jose Wong has completed the requirements of the education program established by
the State of Florida.
BLAZEJACK & COMPANY
John Slil:1!,:fl$i,",'""#":il;:"-
Qlazgjlck
email=Jgk@Btaze.iack.com, c=us
D:It: rrs.o3.2z r s:s7:41 -M'oo'
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John Blazejack, MAI, CRE, FRICS
Partner
Cert Gen RZ-0093
Jose Wong
Senior Consultant
Cert Gen RZ-2797
BLAZEJACK & COMPANY
CERTIFICATE
796
1555 Washington Ave
REPORT 201516
ASSUMPTIONS AI\D LIMITING CONDITIONS
The appraisal is subject to the following assumptions and limiting conditions:
No survey ofthe subject property was undertaken.
The subject property is free and clear of all liens except as herein described. No responsibility is
assumed by the appraisers for matters, which are of a legal nature, nor is any opinion on the title
rendered herewith. Good and marketable title is assumed.
The information contained herein has been gathered from sources deemed to be reliable. No
responsibility can be taken by the appraisers for its accuracy. Correctness of estimates, opinions,
dimensions, sketches and other exhibits which have been fumished and have been used in this report
are not guaranteed. The value estimate rendered herein is considered reliable and valid only as ofthe
date of the appraisal, due to rapid changes in the external factors that can significantly affect the
property value.
This study is to be used in whole and not in part. No part of it shall be used in conjunction with any
other appraisal. Publication of this report or any portion thereof without the written consent of the
appraiser is not permitted.
The appraisers herein, by reason of this report, are not required to give testimony in court with
reference to the property appraised unless notice and proper arrangements have been previously made
therefore.
The value estimate assumes responsible ownership and competent management. The appraiser
assumes no responsibility for any hidden or in apparent conditions of the property, subsoil, or
structures, which would render it more or less valuable. No responsibility is assumed for engineering,
which might be required to discover such factors.
Neither all nor any part of the contents of this report shall be conveyed to the public through
advertising, public relations, news, sales or other media without the written consent and approval of
the authors, particularly as to valuation conclusions, the identity of the appraisers or firm with which
they are connected, or any reference to the Appraisal Institute.
Any exhibits in the report are intended to assist the reader in visualizing the property and its
surroundings. The drawings are not intended as surveys and no responsibility is assumed for their
cartographic accuracy. Any drawings are not intended to be exact in size, scale, or detail. Areas and
dimensions of the property may or may not have been physically measured. If fumished by the
principal or from plot plans or surveys furnished by the principal, or from public records, we assume
them to be reasonably accurate. No responsibility is assumed for discrepancies, which may become
evident from a licensed survey ofthe property.
The Americans with Disabilities Act (ADA) became effective January 26,1992 sets strict and specific
standards for handicapped access to and within most commercial and industrial buildings.
Determination of compliance with these standards is beyond appraisal expertise and, therefore, has
not been attempted by the appraisers. For purposes ofthis appraisal, we are assuming the building is
in compliance; however, we recommend an architectural inspection of the building to determine
compliance or requirements for compliance.
BLAZEJACK & COMPANY
ASSUMPTIONS AND LIMITING CONDITIONS
797
1555 Washington Ave
REPORT 201 516
MARKET RENT ANALYSIS
BLAZEJACK & COMPANY
MARKET RENTANALYSIS
798
1555 Washington Ave
REPORT 201516
IDENTIFICATION OF THE PROPERTY
The property under analysis in this report, a retail space, is located at 1555 Washington
Ave. Suite 1-3 Miami Beach, FL 33139, atthe SEC of Washington Avenue and 16ft Street. The
building comprises a total of 261,000 SF on a 1.513 acre lot according to Public Records of
Miami Dade. The building contains four-story garage and retail spaces on the first floor. The
subject property under analysis is about 6,217 SF retail space in two levels. This part is a
preexisted art deco building that was incorporated into the new building in 1998 when the new
retail and parking was built. The first level comprises 5,917 sf of space, the second level 300 sf.
The subject includes three small buildings that are connected. The building that is in the comer
has two levels. The other two spaces were used as a 213-seat restaurant. The space has high
ceiling. The restaurant has walking refrigerator, washing areas, storage, restrooms, bar furniture
with an old ddcor style. The property can be subdivided for lease.
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BLAZEJACK & COMPANY
MARKET RENTANALYSIS
799
1555 Washington Ave
REPORT 201516
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PURPOSE DATE AND FUNCTION OF THE REPORT
The purpose of this report is to estimate the market rent for the retail space. The date of
the analysis was March 27,2015. It is understood that the function of this report is for internal
asset management for lease negotiations.
BLAZEJACK & COMPANY
MARKET RENT ANALYSIS
800
1555 Washington Ave
REPORT 201516
SCOPE OF THE ASSIGNMENT
This is a summary analysis presented in a narrative report. The scope of this analysis
was to inspect the property, consider market characteristics and trends, collect and analyze
pertinent data, develop a conclusion and estimate the property's market rent. During the course
of this assignment, we developed and analyzed current retail space rents located in the Miami
Beach area.
The extent of verification consisted of assembling and analyzingraw data gathered from
a variety of sources including public records data services, news periodicals, broker or
knowledgeable third parties when available, and in-houses files.
PROPERTY HISTORY
The property is held in the name of City of Miami Beach according to the Public
Records of Miami Dade County. We are not aware of any transfer of the property or purchase
listing or offering within the past five years.
LEGAL DESCRIPTION
Lolt 8. I, 10. tr, 12 std 13. Eod( 57, Fbhs's Frst Subdi,uiirrn otAlton B.ecrr. according to thg Plit thcod. agrconhd h Hn Bd( 2 , Pqc n of ftc Prilb Rscords d Dad! Cornty. Flo.xla. bge0rer $tr aI of 't6g1 Sgeet(Ar,tnt! ?). lc.r rrd rmpf lhs follortlg drrclibd parc.l:
BEGIi{t{lt{G .l thc SouiE3l sner of Blodr tl of sa&, Firhe/c Fird Subdiybbn otAtton Bcrh pb[ urcncciloltr 88'O sif EGt abng fie Sornh hc ot lsU Blodl 51. a disteru o1443.08 f..t b thc Sadhcad comcr ol
38id Bloct t{; harca Soufl 07l :}5. (l{'U[c. s ftEEG of 96.26 lb€t, b 8 poht d at+ rth a bngcnt curr!
oonamt b lflc Sqltrrrt hcnc. .lqrg O! e of s.*l qrre b lhc Llt, hevip r rsdus or 25.00 bat and a6ntd a,Ed d 9(r 0(, 0O, an arc dbbmc of 30.27 lbo( b a pdnt d taqmcy; lhere t{orD 8f 2a' S2t'l/tfri. e
dbtancc d 21.75 H lhcrrp Sdfii EE' ffi S:l. wbst $rB a lrnc E.0o tcct North of ard parard ffir. cilt emd d dgrtt englct io fre ibrlh [nc of 5lot*.57 ol:ei! pbt. a dbtancc of 3&1.18 hct b e pr*rt qr ther..lnxtl Rohr*urry lhc ol trfi$ingbn Avlnrrc; rtere Norlh 01' 59 tl' lr&d dong aairt Earlarty
Rbht+Vlby InG. e dbbncs of @.0O lbot b thc Sordfnrcgt corncr of sail Enock 5.1 s.rd hs Poht ol bcghntrq.
8*l m Uhg and bcitg h trtc CiU ot tlbri Bcadt rld oot lnite 65.910 equm bct (1.513f Acrcr) nrqc orl-r.
DBFINITIONS OF VALUE AND INTEREST APPRAISEI)
According to the Code of Federal Regulations, Title XI of the Financial lnstitutions
Reform, Recovery and Enforcement Act of 1989 ("FIRREA"), and according to the l2s Edition
of The Appraisal of Real Estate, market value is defined as follows:
BLAZEJACK & COMPANY
MARKET RENT ANALYSIS
801
1555 Washington Ave
REPORT 201516
Market Value
The most probable price, which a property should bring in competitive and open market under
all conditions requisite to a fair sale, the buyer and seller each acting prudently and
knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this
definition is the consummation of a sale as of a specified date and the passing of title from seller
to buyer under conditions whereby:
I Buyer and seller are typically motivated.
2 Both parties are well informed or well advised, and acting in what they consider their own best
interests;
3 A reasonable time is allowed for exposure on the open market.
4 Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements
comparable thereto; and
5 The price represents a normal consideration for the property sold unaffected by special or
creative financing or sales concessions granted by anyone associated with the sale.
Fee Simple Interest
Absolute ownership unencumbered by any other interest or estate, subject only to the limitations
imposed governmental powers of taxation, eminent domain, police power, and escheat.
Leased Fee Interest
An ownership interest held by a landlord with the right to use and occupancy conveyed by a
lease to others; usually consists of the right to receive rent and the right to possession at
termination of the lease.
Market Rent
The rental income that a property would most probably command on the open market; indicated
by cunent rents paid and asked for comparable space as ofthe date ofthe appraisal.
Source: Appraisal Institute, The Appraisal of Real Estate. 13s Edition, (Chicago, 2008)
BLAZEJACK & COMPANY
MARKET RENTANALYSIS
802
1555 Washington Ave
REPORT 201516
MARKET RENT ANALYSIS
Retail Market
We are estimating the market rent of the subject property, therefore a rent survey of the
Miami Beach area was conducted. The basis for classification was location, design, and quality
of construction, quality of interior finishes, age, and condition.
The rent comparable selected give an indication of the level of rent that could be
commanded by the subject if offered in the open market. The restaurant rent suryey, a location
map, and a table of adjustments can be found following.
All the restaurant rates in our survey are asking rates. Leasing agents interviewed in
gathering rental data indicated that no concessions are provided although some terms are
negotiable depending on the size of space and length of the lease. In most cases, the rates
actually achieved in leases are near the asking rates.
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MARKET RENT ANALYSIS
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1555 Washington Ave
REPORT 201516
Retail Map Comparable
Base on comparison with the market data we concluded that the market rent for the
subject retail space (6,217 SF) to be $59 per square foot rentable net per year for vacant space.
We have considered that the market rent includes a 5-year term rental lease.
The total rent for the subject retail space is $366,803 (6,217 SF x$59/SF).
As information secondary data have presented a table below with contract restaurant
rents, and also a table with retail asking rents in the subject area.
BLAZEJACK & COMPANY
MARKET RENT ANALYSIS
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1555 Washington Ave
REPORT 201516
Operating Expenses
The annual operating expenses of the subject property were projected in this analysis
based on similar properties.
DQENSES: PeT SF
FD(H)D(PB{SES
Property Ta:es $Z9m $4.02
Insurance $830 S1.15
TOTALFD(EDEXPENSES: $3,730 $5.17
VARIABI-ED(PE{SES
Administrative & Crneral $1,100 $1.53
Repairs/Maintenance $570 $0.79
Utilities $1,200 $1.66
Cleaning $227 $0.31
Others $4,300 $5.9(i
Reserves S108 $0.15
$7,505 $10.41
_TOIAL-UPELLSES $11235 $tl.58
Our estimated total stabilized Operating Expenses for the stabilized year is $15.58 per
square foot ofrentable area.
CONCLUSION
Market Retail Rent is based on a triple net lease basis, where the tenant pays all
expenses, including utilities, water, electricity, common areas, cleaning, taxes, and insurance.
The market rent for the subject located at 1555 Washington Avenue in Miami Beach as
of March 27,2015 is $59 per square foot of rentable area net. Operating expenses are $15.58/
per square foot ofrentable area.
BLAZEJACK & COMPANY
MARKET RENTANALYSIS
13
808
ADDENDA
809
Exhibit A
Subject Photographs
810
n'.r
"i
:ll:ql,,
Itr
\
!tdr
811
812
813
814
815
Exhibit B
Comparable Rent Photographs
816
Restaurant L
L787 Purdy Ave.
Restaurant L
1-787 Purdy Ave.
817
Restaurant 2
445 Espafiola Way
Restaurant 3
1-542 Washington Ave
818
Retail4
1234 Washington Ave.
Retail 4
1234 Washington Ave.
819
Retail 4
1234 Washington Ave.
820
Exhibit C
Engagement Letter
821
Mark
March
BLAZEJACK & COMPANY
REAL ESTATE COLTNSELORS
t9,20t5
MaftMilisits
Asset Managcr
Tourism, Culturc and Economic Dcvelopmcnt Department
Office ofReal Esate
City ofMiami Beach
1755 Meridian Ave - Suite 300
Miami Beach, FL 33139
Office: 305{73-7193
Email: martmilisits@miamibeachfl .gov
REF: Market Rent for retail propcrty locared at
1555 lVrshington Avc. Suite l-3, Mirmi Beech, FL 33139
Dear lvlr. Milisits;
This letts will serve to confimr our proposal for a Market Rent analysis in the above referenced real property. We
will prepare a PDF opy of a market rent in a cornplete summary format sefting forth our findings and conclusions.
The purpose of the rtpott is for management dccision in dre negotiation of a new lease. Our analysis will consider
rhe physical aspects of the property and assess its competitive position in the nrarker. We will employ the traditional
valuaion techniques considered appropriate to this valuation problem. Our analyses and rcport will conform to the
Uniform Standards of Professional Appraisal Practice (USPAP), the Supplonortal Standards issued by the
Appraisal Institute. We request that the following items (more may be required later) be made available for our
revi€$:
l. Copy ofany existing lease;2- 'lhe name and y'rone number ofthe contact for inspection.
We anticipate completion of the assignment within 5 business days assuming prompt reccipt of thc requested
materials- The total fee will be s2,500 upn delivery of the report. Our fee for court testimony is based on $250 per
hour. This proposal is submited based on our curent schedule of commitments. It may be necessary to alter the
complctim dde unlcss thc assigrmcnt is authorized in the near future. You rnay authorize this assignment by
signing and returning a copy of this letter. We thank you for calling on us and we look forward to working witir
you-
Sincerely,
BLAZEJACK & COMPANT
\/\,
,. I / > - i ,rf/ \5{a<ri4o -.'
John A- Bl*.ejaclq MAI, CRE
Parmer
State Certafied Gcn. R.E. Appraiser No. RZ 093
#
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r/z w rr.AGt.ER )rnEEI,sunE J4{r, Mhrilt, FL3313U-3
822
BLAZEJACK COMPANY
REAL ESTATE COUNSELORS
REAL ESTATE VALUATTON AND CONSULTING SERVICES:
Blazejack & Company has been involved in the valuation of income producing properties since 1987. The
staff has erctensive experience in the valuation of multi-tenant office buildings, apartment and industrial
complexes, community and regionat shopping centers, and hotels. Services provided include real estate
vatuation for mortgages and investments, real estate counseling, Iitigation advisory services, market,
feasibility, and highest and best use studies, and property tax appeals.
TERRITORY:
The primary arca is South Florida and the Caribbean; however, consulting and valuation have been performed
in other parts of the U.S.
LOCATION:
172 W . Flagler Street, suite 340
Miami, Florida 33130
Email : iohn@blazejack.com
TECHNICALSTAFF:
John A. Ble?ejack, MAI, CRE
thomas J. Blazeju,k" MAI, CCIM
Iay Mliner, lvlAl
CLIENTS HAVE INCLUDED:
Bank of America
Barn*t Bank
Chase ReaI Estate Finance Group
Citicorp Real Estat€
ERE Yarmoufir (Equitable)
First National Bank of Chicago
PR.OFESSIONAL MEMBER.SHIPS:
Appraisal Institute
American Society of Real Estate Counselors (CRE)
Memberof The Miami Board of Realtors
The CCIM Instiute (CCIM)
Tel. (305) 372-0211
Fax: (305) 374-1948
Jose Wong, Consultant
Joseph G. Blazejack, Consultant
Elizabeth Padalino, Consultant
First Union
J.P. Morgan
Principal Financial Group
Prudential Insurance
Teachers Insurance & Annuity
The Balcor Company
OBJECTIVE:
Our goal is to serve our clients by providing an analysis of the commercial real estate market, not only with
current datr, but also through experience andjudgment to draw rneaningful conclusions fiom the data-
BLAZBJACK & COMPAI\Y
REAL ESTATE COUNSELORS
823
QUALIFICATIONS
JOIIN A. BLAZHACK MAI, CRD, FRICS
Partner
Blezejack & Company
Acedemic
Florida State University, B-A.
Florida International Univenity - M.S.M. Real Estare
Most Recent Cources
1992 - L*vel II Coune 520 - Highest and Best Use and Market Analysis
20fi) - level II Course 530 - Advanced Sales Comparison and Cost Approaches
200E - Member of review team for revised course on Market Analysis & Highest & Best Use
2fi)E - Member of the review team for new @urse on Advanced Market Analysis & I{BU
2010 - Valuation for Financial Reporting
2012 - Member of review team for Marketability Studies and Advanced Marketability Studies seminars
Experience
Mr. Blazejack, President of Blazejack & Company, has been active as a real estate counselor since
1970. His experience includes residential and income property appraisals, market and feasibility
studies, and acquisition and disposition reports. The work has been for a wide range of property
types including offtcq industrial, commercial and special use properties, hotels and recreational
facilities. These assignments have been conducted in over twenty states and extensively throughout
Florida
Mr. Blazejack is a qualified expert witness who has testified in Federal district and lower courts. He
is an approved instructor of both the Appraisal Institute (AI) and the American Bankers Association.
Mr. Blaajack is a past president of the Greater Miami Chapter of the Society of Real Estate
Appraisers and was the 1992 President of the South Florida Chapter of the AI.
Deignations end Licenses
MAI Member, Appraisal Institute, Certificate Number 6089, currently certified.
CRE Member, American Society of Real Estate Counselors, Certificate Number I131.
FRICS Fellow of the Royal Institute of Chartered Surveyors Number l25}l75
Registered Florida Real Estate Broker
State{ertified General Real Estate Appraiser, License Number R293.
Affiliations
Mr. Blazejack is the past President of the Real Estate Counseling Group of America (RECGA).
Published Articlcs
The Appraisal Journal, Spring, 201I
Price versus Fundamentals - From Bubbles to distressed Markets
By Stephen F. Fanning, MAI John A. Blazejaclq MAI and Ceorge R. Mann, MAI
Real Estate Issues, Volume 34, Number 1,2009
When Will the Miami Condominium Market Recover?
By Richard Langhome, CRE, FRICS and John A. Bla"ejach MAI, CRE, FRICS
BLAZEJACK & COMPANY
REAL ESTATE COUNSELORS
824
Exhibit D
Qualifications of the Appraiser
825
QUALIFICATIONS
JOHN A. BLAZEJACK, MAI, CRE, FRICS
Partner
Blazejack & Company
Academic
Florida State University, B.A.
Florida International University - M.S.M. Real Estate
Most Recent Courses
7992 -Level II Course 520 - Highest and Best Use and Market Analysis
2000 - Level II Course 530 - Advanced Sales Comparison and Cost Approaches
2008 - Member of review team for revised course on Market Analysis & Highest & Best Use
2008 - Member of the review team for new course on Advanced Market Analysis & HBU
2010 - Valuation for Financial Reporting
2012 - Member of review team for Marketability Studies and Advanced Marketability Studies seminars
Experience
Mr.Blazejack, President of Blazejack & Company, has been active as a real estate counselor since
1970. His experience includes residential and income properfy appraisals, market and feasibility
studies, and acquisition and disposition reports. The work has been for a wide range of property
types including office, industrial, commercial and special use properties, hotels and recreational
facilities. These assignments have been conducted in over twenty states and extensively throughout
Florida.
Mr. Blazejack is a qualified expert witness who has testified in Federal district and lower courts. He
is an approved instructor of both the Appraisal Institute (AI) and the American Bankers Association.
Mr. Blazejack is a past president of the Greater Miami Chapter of the Society of Real Estate
Appraisers and was the 1992 President of the South Florida Chapter of the AI.
Designations and Licenses
MAI Member, Appraisal Institute, Certificate Number 6089, currently certified.
CRE Member, American Society of Real Estate Counselors, Certificate Number I 131 .
FRICS Fellow of the Royal Institute of Chartered Surveyors Number 1250175
Registered Florida Real Estate Broker
State-Certified General Real Estate Appraiser, License Number P.293.
Affiliations
Mr. Blazejack is the past President of the Real Estate Counseling Group of America (RECGA).
Published Articles
The Appraisal Joumal, Spring, 201 1
Price versus Fundamentals - From Bubbles to distressed Markets
By Stephen F. Fanning, MAI John A. Blazejack, MAI and George R. Mann, MAI
Real Estate Issues, Volume 34, Number 1,2009
When Will the Miami Condominium Market Recover?
By Richard Langhome, CRE, FRICS and John A. Blazejack, MAI, CRE, FRICS
826
QUALIFICATIONS
JOSE WONG
Blazejack & Co.
e-mail: jose@blazejack.com
Academic
. Appraisal Institute
Course 110: Appraisal Principles
Course 120: Appraisal Procedures
Course ACE 2150: Attacking and Defending an Appraisal.
Course 310: Basic Income Capitalization
Course 320: General Applications.
Course 410: Standards of Professional Practice. Part A (USPAP)
Course 420: Business Practice and Ethics.
Course 510: Advance Income Capitalization
Course 520: Highest & Best Use
Course 530: Advance Sales Comparison & Cost Approaches.
Course 540: Report Writing.
Course 550: Advanced Applications.
Course 610: Altemative Uses &, Cost Valuation of Small Mixed-Use
Properties.
Course 620: Sales Comparison Valuation of Small Mixed-Use Properties.
Seminar: Argus Training.
Seminar: Effective Appraisal Writing.
Seminar: A Comprehensive Guide to Valuing Improved Subdivisions.
Seminar: DEMO General Demonstration Appraisal Report Writing
. Various appraisal seminars.
o He's pursuing the Appraisal Institute MAI designation. He's taken all the courses
required for the MAI designation.
o Ricardo Palma University (Lima, Peru). Bachelor of Science in Civil Engineering.
827
Experience as Appraiser
Commercial Appraiser at Blazejack & Co. September 2007 - present. He's worked 12 years in
this company. Commercial appraisals on many properfy types in Florida and USA. His
professional experience includes Highest and best use analysis, commercial appraisals on
numerous property types such as warehouses, apartment complexes, condominium buildings,
office buildings, shopping centers, retail, special purpose properties, and vacant lands.
Commercial Review Appraiser at Bayview Lending Group LLC, May 2007 - August 2007.
Review Appraisals on different property types in Florida.
He worked as head of the Commercial Appraisal Review Department at Greenpoint Mortgage.
He covered the South West, Central and Northeast area of Florida. April 2006 - February 2007.
His professional experience in the state of Florida and the Caribbean include highest and best use
analysis, commercial appraisals on numerous property types such as warehouses, apartment
complexes, condominium buildings, office buildings, shopping centers, retail, restaurants, special
purpose properties, and vacant lands. He worked as a commercial appraiser at Blazejack &
Company March 1999 - Ap. 2006.
Between 1987 and 1998 (11 years), prior to conducting work in Florida, he conducted
commercial and residential appraisals on houses, retail outlets, hotels, apartments, condominiums,
offices, warehouses, factories, and hospital in Peru.
Mr. Wong has experience using a variety of software programs like Microsoft Word, Excel,
database IRIS, Data Comp 3.5, Street Atlas USA 6.0 (mapping), Marshall & Swift (Cost
program), Argus (Cash Flow Analysis), Co Star, and MLS.
Experience as Civil Engineer
He has worked both in the private and public sector as a Civil Engineer for approximately 14
years. He worked as Supervisor Engineer and Superintendent Engineer in different civil
engineering jobs in Peru. Responsibilities included subdivisions, installation of water, sewer,
lighting, roads, and massive construction of houses, apartment buildings, condominium buildings,
retails, warehouses, and factories. He constructed and managed the financial arrangements for the
construction of condominium buildings in Peru. He made studies of costs and budgeting for the
construction of these jobs.
Designations and Licenses
Real State Certified General Appraiser, License Number R22797
General Associate Member, Appraisal Institute
Member, Engineer Association of Peru.
828
Exhibit B
829
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Exhibit
831
CON FI DENTIALITY STATEMENT AND U N DERSTAN D!NG
All finonciol ond other informotion ("lnformotion") thot currently is, ond will be subsequently
submitted os requested, is confidentiol ond presented to the Miomi Beoch Tourism, Culiure,
& Economic Development Deportment ond will not be disclosed to ony other individuol or
entity without our prior writien consent.
Business PIon
Summory
CVI.CHE .l05 / YUCA FUSION will be on exciting, iconic, ond upscole offering in South Beoch
presented by some of todoy's South Florido's most innovotive young ond suscessful
restouront entrepreneurs; Juon Chipoco, Luis Hoyos, ond Jonet Suorez, creotors ond owners
of CVI.CHE .l05, Pollos y Jorros, ond YUCA. The CVI.CHE 105 / YUCA FUSION will be owned by
o Florido Limited Liobility Compony.
Juon Chipoco & Luis Hoyos storted the concept of CVI.CHE ,l05, o Peruvion restouront,
opening on September of 2008. CVI.CHE 105 hos become one of the best Peruvion
restouronts of South Florido.
YUCA, on ocronym for Young Urbon Cubon-Americons, is widely known os being South
Florido's originol upscole Cubon restouront feoturing lnnovotive Nuevo Lotino Cuisine or os
the locols coll it "Nuevo Lotino." This style of cooking includes troditionol Lotin ingredients such
os o plethoro of textures, colors, ond flovors thot when combined creotes o cuisine thot is
unique to onything offered outside of the Coribbeon ond Lotin Americo.
Objectives
Best of friends, some of the best innovotive young South Florido restouront entrepreneurs
wont to come together ond offer o unique iconic dining experience.
832
Accolodes / Keys to Success
*.ry
ARffi%AP
Asociacion de Restauradores
Marinos y Afines del Peru
833
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834
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YUCA
Best Cuban Food in Miami
Posted by: : lssey SwannPosted on: January 26,2015
YUCA Best Cuban Food in Miami
YUCA, an acronym for Young Urban Cuban-Americans, is widely known as being South Florida's original upscale Cuban restaurant
featuring lnnovative Nuevo Latino Cuisine or as the locals call it "Nuevo Latino."
YUCA has become one of my favorite late spots on Lincoln Rd, great service and great location make YUCA standout, and the food is
incredible, during my last visit I tried the Salmon Mango for the 1st time a spectacular combination of Ocean fresh Salmon and tropical
Passion fruit and Mango, the touch of Caviar lifted the whole dish to a new level. Sweet, salty, sumptuous!
The Guacamole - 100% best Guacamole ever
Frita Sliders - Quality Beef and a good inclusion in your order, YUCA is light and fresh so the sliders helped satisfy the hunger.
The Mojito - A little different with a new twist on the Mint, this is Miami's must have Mojito.
This style of cooking includes traditional Latin ingredients such as a plethora of textures, colors, and flavors that when combined
creates a cuisine that is unique to anything offered outside of the Caribbean and Latin America.
Yuca opened for business in 1989 and is now located on Lincoln Road in the heart of South Beach. We attract a wide variety of diners,
including many Europeans and other visitors to South Beach along with residents looking for a gastronomic adventure.
Yuca's continuous efforts had grown throughout the years, which is reflected not only in our popularity and great reputation but also in
our future plans to expand our culinary delights within the U.S. and abroad.
840
The Dinner Menu
Y LJ *S,
j:rtt :;)a,tr .-r1r;:t!*,t-
GUACAMOLE HABANERO "lldxrau pep;xr, lra(tairr ry'ar i-luius.
ajilmiilis@-
PIOUIIJ.OS DE PEPIN
Ros-* fuanish p.quil u lrppers, c- crizc,
Fotin mlshffic, cr.,amy ch.a s.h@
9&,
DOI{A GLORIAS FRUOI..ES NEGROS
Grhen Hrl be,an *up. chcpFl rallions
GAZPACI.IO ANDALUZ
Chi led tcn,eto arxJ'lqgBlable s-p
GUAVA BURRAIA CAPRESE
&rfala b{iEta, ekrcBlo srce, gueva
FRITA SLIDERS
t ini Cu@n harbulgs mde r\ith angm beei
ari clort&, E F€fps mrotrlais€
WARM GOAT CHEESE SATAD
Grlled gGt ch4e, hby spiac", sute
surybsri"s, punp<in
OXIAIL FETTUCINI BOLOGNESA
FerrloE ni, e(ail Bo og'1*
YUCA RFI I FiI/A
S:am lrua I ohdy lried, w ld mushrmm
piczdllr.
SAOUITOS D,E HONGO
lluhrm stuff* 'Pas, Furss", Ir6h
+irErh riccota s(a" g@t ch€e
PI.ANTAIN COATED MAHI.MAHI
Platah cEt4d reti--ah , s n"et dedtain
f Jfu, be( ol,€ t6rtar iue.
RABO ENCENDIDO
Tfldar dod brai*d ed"il, f sy r4a il.r
*w , tc6t ga' r4c,at c-e* -denge m*r.
SALMON BALSEffTO T
FrE- sdmm fi a{. o-fari( v4g€taae q-itr
tr6gj atd TlEb Xtarn r,tstzd sJE.
HUMMUS DOMINO'
i,uarrus dip, uubarr sMe black tens with
plaintain mriquitas & cndites
YUCA GARDEN GREEN5
Mixed qreens, Caribbean gEva vinaigrette
'ryhite farrfr's chee. yu(6 crcutms
WATERMETON SATAD
Arugula, waterrelon, qticrl, feta clres,
toroto arrJ psinn iu t dffirng
TUNA TATAKE *
Slied sared tuna, fresh ronoo, avmdo,
Tiix€d greE and topical virraigrette
GRILI.ED SCALLOPS
Truffle andl gct cle* re+d pobto€
HAMACHI TIRADITO
Slied harochr wrth yuzu c,trorette, sr€at
p€ppe6, sha lots, and ialepios
1
POLLO CRIOLLO
Ha[ chiEken, rcio *uce, {u{u, butteed
B@trolinr
PULPO A LA GALLEGA
saute qtopus. galician ajad3 aDd pqtatoes
DEUCIAS DE ESPAfiIA
Serenc Ham, ManLhegc Che€, c$crito
oaotomc3
TUNA CHINO. I.ATINO
Asian marinacXe, sgme sed crusted, eared
Bre" so?/ peas, arroE. green onions, ffirre
vina igrett€.
ROPA VIEJA ANGUS
TBdrtioml rcpa yEja slow braigd angus b€ef,
ret Planinln Jufu, crisp, red oni@s
B
2
TAPAS (AUE AE.IA
GOATCHEESE CSOOUETAS
Caar, alied oripr 6 . cvra 3 4e
EMPAAIADAS
Crisg, snpaf,adas, M erdct,f}at ,f"lryro
chin*iur dppryg*:e-
BACONYVNAPPED DATES
Gend Hf..horlD, mfic$Eoo ch@, :ji
ildilbs@"
CUBAN CAIAMARI
FriacGbrerl,sff-chlff .
ft.Aroswwcdos
CIOOUETAS D,E tAABUELA
Serrm, t.u,,lr-le. bSciJr€l
SUGAR CANE SHRIMP
Sugar * s*effied sred Gtnmp, gua%"
ciili Elare. trtrlanqe m*,
SAI."I'ON MA'{GO TARTARE .
Salm. m.go, mad'a, qwr, p6am frut
v naEfelie
+tAg!f,^l^ HIWS
ENCHI1ADO DE CAilAROHES -
9rrirp, dri.e wie ard lmto swe
YUCA'S CRAB CAKE
Jumbo urp mb. effi. trcr€. rired
ge.s *lad
CEVICHE PUTERIA'
Fedr grtupe'; shriup alawi, and r':opu,
in a Tri<itrls mErinade 91cd'ri:. tcstcr
18
NU'VO (*4rc^JO
GT,,AVA BBCI BACK R!85
-angy gure tbq ae,yrca ftia.
CI,,BAN CORVI'TA
Lqhly fiied wthe l7a. xxzdo<w,ut
ne, 'ftc!
+srafo 1r{AP
PACO'S CUBAN PAEI.I.A
Sqlood @lia, elkJF, sfirnrps, dar6.
alarzi dwfirc.aliof
PORK SHAilK CNlol.IO
Crm frila styl+., cio sw. act cq?{tl
trspyolrc-
841
The YUCA kitchen is headed by Executive Chef Francisco Javier Rodriguez who has been with the team since the beginning of 2011.
He started his training at Meson Casa Lavardero in Seville, Spain in 1992 and continued his apprenticeship at Casa Modesto in Seville
before moving north to Marbella to take over the position of sous chef at renowned Casino Marbella. After two years in Marbella,
Francisco decided to cross the Atlantic to South America where he traveled extensively and developed his love for South American and
Caribbean cuisine. He later came to North America where he dug his roots in Miami and continued to improve his skills in well known
restaurants such as Tapas y Tintos, Suva and Zuma along with positioning himself as Chef de Cuisine at Acuamare. Since joining
YUCA a year later, Francisco has set the bar with his passion, creativity and love for Cuban cuisine and continues to bring out amazing
dishes that keeps people coming back for more.
Chef Josefa Balbin serves Yuca as our exclusive pastry chef. Chef Josefa has been with Yuca since our inception and is the person
most responsible for inventing most of the dishes on our menu. Chef Josefa trained former master chef Douglas Rodriguez, (creator of
Nuevo Latino Cuisine) whose cookbook Nuevo Latino owes heavily to Balbin's instruction.
YUCA TO BE NAMED OFFICIAL CUBAN CORNER OF MIAMI BEACH
BY LAINE DOSS TUESDAY, MAY 28, 2013
Yuca: The Official Cuban comer of Miami Beach.
Yuca yia Facebook
Yuca, one of the longest-running Lincoln Road restaurants, has seen a lot of changes to the pedestrian mall that it
calls home.
The restaurant, an acronym for "Young Urban Cuban American" opened in 1989 in Coral Gables, where a young
chef named Douglas Rodriguez earned two Beard nominations, before moving to Miami Beach in 1995.
The restaurant also serves as hangout for many Latin music stars who try out new material at the upstairs lounge
and club, most famously Albita Rodriguez. Still one of the most stylish restaurants on Lincoln Road, Yuca
continues to attract crowds, and is a magnet for politicians, celebrities, and locals who want to power-dine on
nuevo Latino cuisine.
To celebrate the restaurant, the City of Miami Beach is designating Yuca as the "Official Cuban Comer of Miami
Beach" on Friday, May 31.
To celebrate the restaurant, the City of Miami Beach is designating Yuca as the "Official Cuban Comer of Miami
Beach" on Friday, May 31.
Starting at7:30 p.m., the public is invited to celebrate with free mojitos and appetizers. The restaurant will also
host free Salsa classes, courtesy ofSalsa Fever. In addition, several celebrities are expected to attend (although
only Willy Chirino's name has been released).
At around 10:30 p.m., Miami Beach Commissioner and Vice Mayor Michael Gongorra will present a
Proclamation to Yuca, officially declaring it Miami Beach's "Cuban Corner". Willy Chirino will also receive the
Key to the City.
842
Yuca: una esquina latina en Lincoln Road
Dos d6cadas y media de prestigiosa trayectoria respaldan el presente de este emblemitico restaurant-club ubicado en
una de las m6s famosas calles de Miami Beach, Lincoln Road.
-J''
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-
"Ailel grupo Palo! suena, Melanie Thomas y Vincent se dejan llevar por el ritmo. ALEX MATEO DE ACOSTA Especial/el Nuevo Herald
Eliana Silva
Especial/el Nuevo Herald
Dos d6cadas y media de prestigiosa trayectoria respaldan el presente de este emblem6tico restaurant-club ubicado en
una de las m6s famosas calles de Miami Beach, Lincoln Road.
Yuca ya es sinonimo de salsa. Todos los viernes a las 8.30 p.m. comienza con clases de este ritmo, seguidas de una
fiesta con comp6s de bachata y variados barles latinos.
El restaurante cuenta con dos salones amplios y elegantes decorados con detalles de aire cubano y otros del viejo
continente. En la parte superior, tiene un escenario donde los mUsicos pueden proyectar su arte haciendo uso de la
tarima diseffada para que de cualquier mesa se pueda ver el show. Alli mismo, los s6bados el grupo Palo!, nominado en
la categor[a de Mejor dlbum de mUsica tropical para los Latin Grammys 2014, expone su funk afrocubano, que consigue
que cualquiera se pare de la silla.
El sal6n tiene capacidad para 140 personas sentadas y 200 de pie. Estd equipado con un bar completo, baho privado,
cabina de DJ, proyecci6n e imagen con pantallas de video, iluminacion y sonido personalizado con unas vistas increibles
de Lincoln Road.
El comedor principal, en la planta baja, puede acoger 200 invitados. Otra opci6n es al aire llbre, en la misma Lincoln
Road con capacidad para 100 huespedes.
El open bar cuenta con una gran variedad de licores, vinos de diferentes paises y mojitos, desde el mis cldsico hasta el
mezclado con mango o coco. Tambi6n ofrecen diferentes cervezas locales e internacionales.
Janet Su6rez es la duefia y encargada de que todo funcione a la perfecci6n. El responsable de que hoy yuca sea uno de
los sitios m6s escogidos por los residentes y turistas de la Ciudad del Sol es Francisco Rodriguez, un simp6tico espafiol
nacido en Sevilla. Rodriguez reinventa la cocina tradicional con t6cnicas de fusion en las comidas, mezclando lo
tradicional con lo moderno. Siempre manteniendo un objetivo, que los comensales se sientan como en su casa, ha
conseguido que sus platos sean absolutamente caseros. En la cocina no se utilizan ni polvos, ni congelados, ni batidoras,
todo se logra con eltrabajo de excelentes chefs dispuetos a conquistar los paladares latinos y norteamericanos. La
presentaci6n de los platos causa asombro en los clientes, por el colorido, disefio y aroma.
843
El menU cuenta con mds de 35 opciones. Tapas, ensaladas, empanadas, ropa vieja y tambi6n un elaborado sea
bass con salsa de langosta, un churrasco marinado con chimichurri sobre una cama de pur6 de papas con salsa de ajo,
pico de gallo y jalapeffo son algunas especialidades de la casa.
A la hora del almuerzo tambi6n se puede ir a Yuca, con precios fijos de $24 y $29. Estos incluyen tres platos, refrescos,
te helado o caf6 americano.
Es un /unch competitivo porque es ligero, liviano, en el que la variedad es la clave. Platos con muy bajo contenido graso y
una calidad suprema.
El menU es una combinaci6n de comida cubana, americana, espaflola y argentina, todos quedan conformes por la gran
oferta.Sin duda, Yuca es uno de los mejores lugares para ir a bailar salsa, probar una variedad de mojitos y disfrutar de
los sabores ex6ticos de la cocina latina.
844
845
846
847
Finonciol Projeclions
CVI.CHE.I Os/Y UCA FUSI ON
Proformo Finonciol Proyeclions
Yeor I
$2,800.000
$r,200,000
Yeor 2
$3,400,000
$r,600.000
Yeor 3
$4,060,000
$r,740,000
Yeor 4
$4,550,000
$r,950,000
Yeor 5
$4,900,000
$2, r 00,000
s4,000,000 s5,000,000 $5,900,000 s6,s00,000 s7.000,(xro
Food lncome
Beveroge lncome
Tolol lncome
Cosl of Goods Sold
Gross Profil
sI.000.000 $r,250,000 sr,4s0,000 sr,62s,000 $1,750,000
s3,000,000 $3,7s0,000 s4,350,000 y,875,000 s5,250,000
Poyroll, including FICA, FUTA, elc
Administrolive Expenses
Professionol Fees
Uiilities
Credit Cord ond Finonciol
Morketing
Moinienonce, including Renl
lnsuronce
Olher
Totol Expenses
Nel lncome
$r,400,000
$40,000
$80,000
$80,000
$r 20,000
$320,000
$500,000
$80,000
$r00,000
$r,750,000
$44,000
$88.000
$88.000
$r 32,000
$400,000
$525,000
$88,000
$r0,000
$2,030,000
$48,000
$97,000
$r 00,000
$r 45,000
$464,000
$550.000
$e7,000
$r2r,000
$2,275,000
$52,000
$r 08,000
$l't0,000
$r 60,000
$520,000
$575,000
$ r08,000
$r s3,000
$2,450,000
$58,000
$r 20,000
$r 2r.000
$r 76,000
$560,000
$500.000
$120,000
$r45,000
$2,720,000 $3,225.000 $3,552,000 $4,04r,000 $4,35r,000
s280,000 s525,000 s6e8,000 s834.000 s899.000
7.07"10.s%12.0%12.8%12.8%
848
Exhibit D
849
I--..-.
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- -__-.*-*mi:pli*.I .1,1, t. /* i, . llil ,r,li t.iI,' ,. ;) ...' .'.-.:
City of [iomi Beoch, l7O0 Convenlion Cenler Drive, Miomi Beoch, FL 33139, www.miornibeochfl.gov
TOURISM. CULTURE AND ECONOMIC DEVELOPMENT DEPARTMENT
Offrce of Real Estale
Td: 305673-7193 / Fax: 78&394.4539
Apdl 28.2015
Mr. Noah Fox
Koniver Stern Group
1665 Wmhington Avenue, PH
Miami Beach, Fbrida 33139
Sent Via E-rnail: noahramiox@vahoo.com
Re: Revised Letier of lntent
1555 Washington Avenue, Suites 1-3
tiiami Beach, Florida 33139
Dear Mr. Fox:
Pursuant to our conversation yesteday, the City of Miami Beach is pleased to extend
the following revised terms and conditions for the base of the above referenced location:
Landlord:
Tenant
Premises:
Size:
Term:
Reneual Options:
City of Miami Beach (the'City")
A new joint venture with the principles consisting of Janet Suarez,
Luis Hoyos and Juan Chipoco. Tenant shall provide a wriften
busiress plan priorto May 11,2015. Additionally, Landlord shall
be permitted to review a summary of Tenant's financial statenents
prior to May 15, 2015. Said financial statements shall include the
funding of the new joint venture, a pro-forma for the new joint
venture, and profiUloss statements for the existing restaurant
entities of he principles.
1555 Washington Avenue, Suites 1-3
Miami Beach, Florida 33139
Approximately 7,1fi rentable square feet, under air condition, as
contained on the attached floor plan.
Nire (9) years three hundred and sixty four (364) days
Two (2) renewal options for five (5) years each, subject to all
requited approvals by the City of Miami Beach in its regulatory
capacity. The Base Rental Rate and annual increases shall be
adjusted to the then current fair market rate for each renewal
period.
ils
850
Revised Letter of lntent
1555 Washington Avenue, Suites '1-3
April28,2015
Page2ot 4
Landlord's Work: Landlord shall perform waterproofing and painting of the exterior
of the building at which the Premises are located. Furthermoie,
Landlord shall replace the exterior windows located at the historic,
north sec'tion of the Premises.
Rent
Commencement:The Rent Commencement Date shall be upon completion of
construction or two hundred and ten (210) days following lease
execution, whichever occurs sooner. ln addition, the rent
abatement pedod will not begin until the Landlord has completed
the window replacement referenced above.
$60.00 per rentable square foot, plus applicable sales tax. The
Base Rental Rate shall be increased by three percent (3olo)
annually.
The lease shall be on a Triple Net basis. Tenant shall pay its
proportionate share of Operating Expenses for the building (i.e.
real estate taxes, insurance and maintenance expenses). The
Operating Expenses are estimated at $3.00 PSF for 2015.
Tenant shall provide an inevocable Letter of Credit, from a bank
acceptable to the Landlord, equal to the first six month's gross
rent, in the amount of $224,595.00, upon lease execution.. After
the first year of rent payments the security deposit shall be
redued to an amount equal to the first five month's gross rent.
Each year thereafter (for the next two years), the security deposit
amount will decrease by the equivalent of one month's rent. For
the remainder of the lease term a security deposit equal to three
(3) month's rent shall remain in the custody of Landlord to
guarantee the Tenant's performanoe under the lease.
Base Rental Rab:
Lease Basis:
Securitization:
Payment at Leace
Execution:
tftilitbs:
ConsEucfion
Altomnce:
Tenant lnvestnent:
First and last month's rent, plus sales tax, in the amount of
$91,731.27.
Tenant shall be responsibb for the cost of its utilities and trash
removal.
Tenant shall accept the Premises in "as-is" condition, other than
the historic window replacement referenced above, which shall be
performed by Landlord,
As an added inducement to have City enter into the Lease, Tenant
covenants and agrees that it will invest, or cause to be invested,
no less than $500,000 in hard construc{ion costs on/to the
Premises to insure that a first dass restaurant is constructed.
\3
851
Revised Letter of lntent
1555 Washington Avenue, Suites 1-3
April28,2015
Page 3 of 4
Gons0uction
Escrow
And Guaranties:
Use:
All plans ard specifications for improvements shall be subject to
the approval of Landlord, as well as all the requisite regulatory
approvals. Following Lease execution, and issuance by the City
of Tenant's full building permit, and prior to commencement of
construction, Tenant shall execute a work letter and escrow
agreement, including a cash deposit, in the amount of the cost of
the work (as such amount is set forth in the construction contract
between Tenant and its General Contractor) for the build-out of
the Premises for the intended Use, which will be deposited into
Tenant's aftomey's escrcw account to guarantee the diligent and
timely prosecution of construction. At its sole discretion, the City
may also require that Tenant's General Contractor (G.C.) furnish
the City with a Construction Completion Guaranty, and/or require
Tenant's G.C. to furnish a Payment and Performance Bond (in a
form reasonably acceptable to and approved by the City),
guaranteeing the performance of the G.C. under the construction
contract. The Cig shall be named as a dual obligee under such
Bond. Additionally, Tenant shall be required to purchase Builder's
Rick insurance coverage.
Fine dining restaurant
Agency Disclosure: Koniver Stem Group represents the Tenant exclusively in this
Condilions:
transaction and shall receive a commission from the City in the
event a lease is mutually executed and delivered, in the amount of
three percent (3%) of the total Base Rent obligation for the initial
Term. Said commission shall be paid in accordance with a
separate agreement which shall be subject to review and approval
by the City Attomey's Office.
The terms and conditions of this Letter of lntent and any
negotiated lease will be subject to approval by the City of Miami
Beach Commission, and may require additional regulatory
approvals, depending upon the terms of sald proposed lease.
This Letter of lntent is non-binding to either party, and may be
modified or withdrawn by the City, without notice, at any time.
Only a fully executed and delivered lease agreement, which shall
be negotiated in good faith by both parties, shall serve as a
binding agreernent in this rqrard.
ln addition, subjed to the prior advance written approval of the
Landlord, and in the event that the commission adopts the
recommendations of the Washington Ave. Blue Ribbon Panel,
Tenant may include outdoor dining and may pursue valet parking
service in accordance with City code.
Nt t-
852
Revised Letter of lntent
1555 Washington Avenue, Suites 1-3
April28,2015
Page 4 ot 4
Financial Records: Landlord shall have the right to periodically review Tenant's
financial records and statement of operations no more than once
per year.
Please let me know if I can provide you with any
reached at (305) 673-7193.
Sincerely,
additional information. I may be
Mark M. Milisits, RPA
Asset Manager
Agreed to and Accepted by:
Tenant A New Joint Venture With Principles Consisting Of:
Janet Suarez, Luis Hoyos and Juan Chipoco
ritu: Prir-roi PA I
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855
Exhibit E
856
LANDLORD:
TENANT:
DATE OF EXECUTION:
Miami Beach Redevelopment Agency, a public body
corporate and politic
1700 Convention Center Drive
Miami Beach, Florida 33139
Cubiche 105, LLC
501 Lincoln Road
Miami Beach, FL 33139
2015
ANCHOR SHOPS AT SOUTH BEACH
RETAIL LEASE
(i)
Anchor Shops L€se Agreement - Cubiche 105, LLC
857
LEASE SUMMARY
The following is a summary of basic lease provisions with respect to the Lease. lt is an integral part of
the Lease, and terms defined or dollar amounts specified in this Summary shall have the meanings or amounts as
stated, unless expanded upon in the text of the Lease and its Exhibits, which are attached to and made a part of
this Summary.
1. Date of Lease Execution:
2. "Landlord":
3. Landlord's Address:
2015.
Miami Beach Redevelopment Agency
Miami Beach Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Office of Real Estate
with a copy to:
,^ih, ^f ItiCity of Miami Beactir" lrlliinri geacn Redevelopment Agency
1700 Convention Center Drive,,.1 MiamiBeach, Florida 33139
Attention: Legal Department
4. "I€@d": Cubiche 105, LLC ,:,.
5. Tenant's Address: 501 Lincoln Road,:, Miami*".h, FL 33139
6. "Qu@I' cubiche 105, LLc
7. Qliirantor'sAddress: 501 Lincotn Road
Miami Beach, FL 33139
8. Premises (section 1 .1 ): 1555 Washington Avenue, Suites 1-3
Miami Beach, FL 33139
As shown on Exhibit "B"
9. Gross Rentable Area of
Premises (section 1.1): Approximately 7,130 square feet.
10. Gross Rentable Area of
Retail Space (section 1 .1): Approximately 20,500 rentable square feet
11. Tenant's Proportionate
Share (section 2.4): 34.78%
12. Permitted Use of
Premises (section 3.1): Premises shall be used as a fine dining restaurant (and
subject to the prohibited uses described in Exhibit "D" to
the Lease).
Anchor Shops Lease Agreement - Cubiche '105, LLC
( ii)
858
13. Term of Lease (section 1.1):
*Minimum Rent'(ffi:
MONTHS ANNUAL MINIMUM RENT
:l
14.
Rent $ommencement Date -
next su€Ceeding twelve months *
15. Percentaqe Rental (section 2.3):
16. Prepaid Rent (section 2.2):
17. Security Deposit (section 2.7):
$42&8oo.oo
* Commencing on the first anniversary of the Rent Commencement Date, and at the beginning of each
succeeding year thereafter during the Term of the Lease, the Minimum Rent shall be increased annually in
increments of three (3%) annually.
The Initial Lease Term shall commence on the date the
Lease is fully executed by Landlord and Tenant, as
contained on Page 1 of the Lease, ("Lease
Commencement Date") and shall end nine (9) years and
three hundred and sixty four (364) days following the
Rent Commencement Date, as defined below ("Lease
Expiration Date").
"Rent Commencement Date": The date Tenant's Work is
completed or two hundred and ten (210) days following
the Lease Commencement Date, whichever occurs
sooner. ln addition, the rent abatement period will not
begin until the Landlord has completed the replacement
of the exterior windows located at the historic, north
section of the Premises.
"Renewal Options": Two (2) renewal options for five (5)
years each, after the Lease Expiration Date of the lntial
Lease Term. Tenant must notify Landlord irivriting, no
later than one hundred and eighty (180) days prior to
Lease Expiration Date of its intention of exercising the
Renewal Option(s). The Minimum Rent and annual
increases shall be adjusted to the then current fair
market rate for each renewal period.
MONTHLY PAYMENT
(PLUS SALES TAx)
$35,650.00
N/A
$91,731.27 (plus applicable sales tax) due upon
execution of Lease; to be applied to first and last full
month's Minimum Rent due.
Tenant shall provide an irrevocable Letter of Credit, from
a bank acceptable to the Landlord, equal to the first six
month's gross rent (i.e. Minimum Rent and Cost Pass-
Throughs), in the amount of $224,595.00, upon lease
execution. After the first year of rent payments the
Security Deposit shall be reduced to an amount equal to
the first five month's gross rent. Each year thereafter (for
the next two years), the Security Deposit amount will
decrease by the equivalent of one month's rent. For the
remainder of the Lease Term a security deposit equal to
three (3) month's rent shall remain in the custody of
Anchor Shops Lease Agreement - Cubicha 105, LLC
( iii)
859
18.Cost Pass-Throuqhs (CAM) (section 2.4):
Landlord to guarantee the Tenant's performance under
the lease.
Proportionate share of Property Taxes, Maintenance and
lnsurance on the Anchor Shops and Parking Garage.
LEASE YEAR
ComprehensiveGeneral :
Liability lnsutgnce (section 6. 1 ):
Monthly PromOtional Charge
(section 13.1):
coMMoN AREA MATNTENANCE (CAM)
COST PER SQUARE FOOT-
$3.00
See Note (*)
MONTHLY / ANNUAL
PAYMENT
$1,782.50 / $21,390.00
See Note (*)
the Tenant exclusively
1
2-3
Note (.) Beginning on June 1, and at the beginning of each succeeding Lease Year thereafter during the Term of
the Lease, the CAM rate shall be adjusted to reflect the actual pro-rata share of Property Taxes, Maintenance and
lnsurance costs incurred by the Landlord during the previous calendar year.
19.
20.
21
22.
$2,000,000.00 '.:
't
N/A I'
Koniver Stern Group represents
in this transaction
NiA
Cubiche 10523. Tfade Naine (section 3.1):
Anchor Shops Lease Agreement - Cubiche 105, LLC
(iv)
860
THlSLEASE(the..LeaSe''),datedthe-dayof-,2015,ismadebetweenthe
Miami Beach RedevelopmentAgency, a public body corporate and politic (the "Landlord"), and Cubiche 105, LLC
a Florida limited liability corporation (the "Tenant").
RECITALS:
A. The Landlord is the fee simple owner of a certain facility (the "Facility") containing a
municipal parking garage and appurtenances containing approximately eight hundred (800) parking spaces
(the "Garage") and certain retail space (the "Retail Space") located in an area bounded by Washington and Collins
Avenues in the proximity of 16th Street, City of Miami Beach, Metropolitan Dade County, Florida, as more particularly
described in Exhibit "A," attached hereto and made a part hereof (the "Land"). The Landlord is the fee simple owner
of the Land and the Facility.
B. Landlord and Tenant desire to enter into this Lease for a portion of the Retail Space, on
the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant
hereby agree as follows:
ARTICLE I. TERM.
1.1 Grant: Term. ln consideration of the performance by Tenant of its obligations underthis Lease,
Landlord leases to Tenant, and Tenant leases from Landlord, for the Term, the "Premises." A site plan showing
the location of the Retail Space within the Facility, as well as the location of the Premises within the Retail Space,
is attached hereto and made a part hereof as Exhibit "B." The gross rentable area of the Premises and Retail
Space shown on the Lease Summary do not represent accurate measurements of the square footage contained
in the Premises or the Retail Space, but are mere estimates.
The "Term" of the Lease is the period from the Commencement Date as specified in the Lease
Summary, through the Expiration Date, as specified in the Lease Summary.
1.2. Landlord's Work. Tenant acknowledges and agrees that it is accepting possession of the
Premises in as-is condition and that, except as otherwise expressly hereinafter set forth, Landlord has no
obligation to furnish, render, or supply any money, work, labor, material, fixture, equipment, or decoration with
respect to the Premises. Notwithstanding the foregoing, Landlord shall replace the exterior windows located at
the historic, north section of the Premises. Furthermore, Landlord shall perform waterproofing and painting to
portions of the exterior of the Facility.
ARTICLE II. RENT.
2.1 Covenant to Pay. Tenant shall pay to Landlord all sums due hereunder from time to time from the
Rent Commencement Date without prior demand, together with all applicable Florida sales tax thereon; however,
unless otherwise provided in this Lease, payments other than Tenant's regular monthly payments of Minimum
Rent shall be payable by Tenant to Landlord within ten (10) days following written demand. All rent or other
charges that are required to be paid by Tenant to Landlord shall be payable at Landlord's address indicated on
the Lease Summary. Minimum Rent and additional rent (which is all sums payable to Landlord other than
Minimum Rent) for any "Lease Year" consisting of less than twelve (12) months shall be prorated on a per diem
basis, based upon a period of 365 days. "Lease Year" means the twelve (12) full calendar months commencing
on the Commencement Date. However, the final Lease Year may contain less than twelve (12) months due to
expiration or sooner termination of the Term. Tenant agrees that its covenant to pay rent and all other sums under
this Lease is an independent covenant and that all such amounts are payable without counterclaim, set-off,
deduction, abatement, or reduction whatsoever, except as expressly provided for in this Lease.
2.2 Minimum Rent. Subject to any escalation which may be provided for in this Lease, Tenant shall
pay Minimum Rent for the Term in the initial amount specified in the Lease Summary, which, except for the first
861
and last installment, shall be payable throughout the Term in equal monthly installments in advance on the first
day of each calendar month of each year of the Term, such monthly installments to be in the amounts (subject to
escalation) specified in the Lease Summary. The first and last monthly installments of Minimum Rent shall be
due on the date of this Lease. The Minimum Rent described above shall be adjusted during the Term of this
Lease as provided in the Lease Summary.
2.3. PercentaqeRental. lntentionallyOmitted.
2.4 Operatinq Costs: Taxes. Tenant shall remit together with regular monthly payments of Minimum
Rent, its proportionate share of Common Area Maintenance (CAM) payments as determined in Section 18 of the
Lease Summary.
2.5 Pavment of Personal Propertv Taxes. Sales Tax Reports. Tenant shall pay, when due, all taxes
attributable to the personal property, trade fixtures, business, occupancy, or sales of Tenant or any other
occupant of the Premises and to the use of the Retail Space by Tenant or such other occupant. Tenant shall
provide Landlord with copies of Tenant's sales tax reports provided to the State of Florida, as and when such
reports are provided to the State. Landlord shall have the right to disclose such reports to any person or entity
having an interest or prospective interest in the Retail Space.
2.6 Rent Past Due. lf any payment due from Tenant shall be overdue more than five (5) business
days, a late charge of five (5%) percent of the delinquent sum may be charged by Landlord. lf any payment due
from Tenant shall remain overdue for more than fifteen (15) days, an additional late charge in an amount equalto
the lesser of the highest rate permitted by law or one and one-halt (1 112%) percent per month (eighteen (18%)
percent per annum) of the delinquent amount may be charged by Landlord, such charge to be computed for the
entire period for which the amount is overdue and which shall be in addition to and not in lieu of the five (5%)
percent late charge or any other remedy available to Landlord.
2.7 Security Deposit. Landlord acknowledges receipt of a security deposit in the amount specified on
the Lease Summary to be held by Landlord, without any liability for interest thereon, as security for the
performance by Tenant of all its obligations under this Lease. Landlord shall be entitled to commingle the security
deposit with Landlord's other funds. lf Tenant defaults in any of its obligations under this Lease, Landlord may at
its option, but without prejudice to any other rights which Landlord may have, apply all or part of the security
deposit to compensate Landlord for any loss, damage, or expense sustained by Landlord as a result of such
default. lf all or any part of the security deposit is so applied, Tenant shall restore the security deposit to its
original amount on demand of Landlord. Subject to the provisions of section 2.4, within thirty (30) days following
termination of this Lease, if Tenant is not then in default, the security deposit will be returned by Landlord to
Tenant.
Notwithstanding the foregoing, for purposes of the security deposit described in the Lease Summary and
the above paragraph, Tenant, at its option, shall have the right to post an irrevocable, unconditional, and
transferable Letter of Credit, which Letter of Credit shall comply with the provisions of Exhibit"2.7," attached
hereto and made a part hereof. lf Tenant delivers the Letter of Credit to Landlord, then Landlord will return the
cash security deposit promptly after Landlord's receipt of the Letter of credit.
2.8 Landlord's Lien. To secure the timely construction and installation of all improvements to the
Premises by tenant and to secure the payment of all rent and other sums of money due and to become due
hereunder and the faithful performance of this Lease by Tenant, Tenant hereby gives to Landlord an express first
and prior contract lien and security interest on all property now or hereafter acquired (including fixtures,
equipment, chattels, and merchandise) which may be placed in the Premises and also upon all proceeds of any
insurance which may accrue to Tenant by reason of destruction of or damage to any such property. Such
property shall not be removed therefrom without the written consent of Landlord until all arrearages in rental and
other sums of money then due to Landlord hereunder shall first have been paid; provided, Tenant may operate its
business in the ordinary course and the removal of merchandise from the Premises by customers of Tenant shall
not be a default under this section. All exemption laws are hereby waived in favor of said lien and security
interest. This lien and security interest is given in addition to Landlord's statutory lien and shall be cumulative
862
thereto. Landlord shall, in addition to all of its rights hereunder, also have all of the rights and remedies of a
secured party under the Uniform Commercial Code as adopted in the State in which the Premises is located. To
the extent permitted by law, this Lease shall constitute a security agreement under Article 9 of the Florida Uniform
CommercialCode.
ARTICLE III. USE OF PREMISES.
3.1 Permitted Use. The Premises shall be used and occupied only as a fine dining restaurant, as
specified in the Lease Summary. The business of Tenant in the Premises shall be carried on under the name
specified in the Lease Summary and under no other name unless approved by Landlord in writing. Tenant shall
carry on its business on the Premises in a reputable manner and shall not do, omit, permit, or suffer to be done or
exist upon the Premises anything which shall result in a nuisance, hazard, or bring about a breach of any
provision of this Lease or any applicable municipal or other governmental law or regulation, or would otherwise be
inconsistent with a first-class retail center or incompatible with retail uses ancillary to a firslclass convention
center hotel. Tenant shall observe all reasonable rules and regulations established by Landlord from time to time
for the Retail Space. The rules and regulations in effect as of the date hereof are attached to and made a part of
this Lease as Exhibit "C." Landlord will provide a copy of any amendments to the rules and regulations at least
seven (7) days prior to the effective date of any such amendments. Tenant shall display such name as Landlord
may from time to time designate for the Retail Space in its stationery used upon the Premises, and in material
which is given, visible, or available to customers of Tenant. Tenant shall promote such name in any
advertisements or promotional material published or initiated by Tenant in regard to its business from the
Premises. The names for the Retail Space and the project of which the Retail Space is a part, which Landlord
may from time to time adopt, and every name or mark adopted by Landlord in connection with the Retail Space
shall be used by Tenant only in association with the business carried on in the Premises during the Term and
Tenant's use thereof shall be subject to such reasonable regulation as Landlord may from time to time impose.
3.2 Compliance with Laws. The Premises shall be used and occupied in a safe, careful, and proper
manner so as not to contravene any present or future laws, rules, regulations, constitutions, orders, ordinances,
charters, statutes, codes, executive orders, and requirements of all governmental authorities having jurisdiction over
the Premises or any street, road, avenue, or sidewalk comprising a part of, or lying in front of, the Premises or any
vault in or under the Premises (including, without limitation, any of the foregoing relating to handicapped access or
parking, the local building codes, and the laws, rules, regulations, orders, ordinances, statutes, codes, and
requirements of any applicable Fire Rating Bureau or other body exercising similar functions), the temporary and/or
permanent certificate or certificates of occupancy issued for the Premises as then in force, and any and all provisions
and requirements of any property, casualty, or other insurance policy required to be carried by Tenant under this
Lease. lf due to Tenant's use of the Premises repairs, improvements, or alterations are necessary to comply with
any of the foregoing, Tenant shall pay the entire cost thereof.
3.3 Sions. Tenant, at Tenant's expense, shall erect and maintain identification signage upon the
storefront of the Premises. The design and specification of such signage shall be subject to Landlord's sign
criteria as adopted from time to time and such design and specification (including camera-ready artwork) shall be
submitted for Landlord's prior approval. Except with the prior written consent of Landlord, Tenant shall not erect,
install, display, inscribe, paint, or affix any signs, lettering, or advertising medium upon or above any exterior
portion of the Premises or in or on Tenant's storefront or storefront window. Landlord's signage criteria is attached
hereto and made a part hereof as Exhibit "E."
3.4 Environmental Provisions.
(a) Tenant shall not knowingly incorporate into, use, or otheruvise place or dispose of at the
Premises or in the Retail Space (or allow others to incorporate into, use, or otherwise place or dispose of at the
Premises or in the Retail Space) any Hazardous Materials, as hereinafter defined, unless (i) such Hazardous
Materials are for use in the ordinary course of business (i.e., as with office or cleaning supplies), (ii) notice of and
a copy of the current material safety data sheet is provided to Landlord for each such Hazardous Material (except
for Hazardous Materials used by Tenant in the ordinary course of business (i.e., as with office or cleaning
supplies)), and (iii)such materials are handled and disposed of in accordance with all applicable governmental
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Iaws, rules, and regulations. lf Landlord or Tenant ever has knowledge of the presence in the Premises or the
Retail Space of Hazardous Materials which affect the Premises, such party shall notify the other thereof in writing
promptly after obtaining such knowledge. For purposes of this Lease, "Hazardous Materials" shall mean:
(a) petroleum and its constituents; (b) radon gas, asbestos in any form which is or could become friable, urea
formaldehyde foam insulation, transformers or other equipment which contain dielectric fluid containing levels of
polychlorinated biphenyls in excess of federal, state or local safety guidelines, whichever are more stringent; (c)any
substance, gas, material or chemical which is or may hereafter be defined as or included in the definition of
"hazardous substances," "hazardous materials," "hazardous wastes," "pollutants or contaminants," "solid wastes," or
words of similar import under any applicable governmental laws, rules, and regulations including, but not limited to,
the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. S 9061 et
seq.; the Hazardous Materials Transportation Act, as amended, 49 U.S.C. S 1801, et seq.; the Resource
Conservation and Recovery Act, as amended, 42 U.S.C. S 6901, et seq.; the Federal Water Pollution Control Act, as
amended, 33 U.S.C. S 1251, et seq.; and Florida Statutes, Chapters 376 and 403; and (d)any other chemical,
material, gas, or substance, the exposure to or release of which is regulated by any governmental or
quasi-governmental entity having jurisdiction over the Retail Space or the operations thereon.
(b) lf Tenant or its employees, agents, or contractors shall ever violate the provisions of
subsection (a), above, then Tenant shall clean-up, remove, and dispose of the Hazardous Material causing the
violation, in compliance with all applicable governmental standards, laws, rules, and regulations and repair any
damage to the Premises or Retail Space within such period of time as may be reasonable under the
circumstances after written notice by Landlord, provided that such work shall commence not later than thirty (30)
days from such notice and be diligently and continuously carried to completion by Tenant or Tenant's designated
contractors. Tenant shall notify Landlord of its method, time, and procedure for any clean-up or removal of
Hazardous Materials under this provision; and Landlord shall have the right to require reasonable changes in
such method, time, or procedure or to require the same to be done after normal business hours or when the
Retail Space is otherwise closed (i.e., holidays) if reasonably required for the protection of other tenants or
occupants of the Retail Space.
(c) Tenant agrees to defend, indemnify, and hold harmless Landlord, and the City of Miami
Beach (the "City") against any and all claims, costs, expenses, damages, liability, and the like, which Landlord
may hereafter be liable for, suffer, incur, or pay arising under any applicable environmental laws, rules, and
regulations and resulting from or arising out of any breach of the covenants contained in this section 3.4, or out of
any act, activity, or violation of any applicable environmental laws, rules, and regulations on the part of Tenant, its
agents, employees, or assigns. Tenant's liability under this section 3.4 shall survive the expiration or any
termination of this Lease.
3.5 Hours, Continued Occupancv. During the Term, Tenant shall conduct its business in the
Premises, at a minimum, on all days and during all hours established by Landlord from time to time as store hours
for the Retail Space. Tenant may conduct business on the Premises, in addition to the foregoing times, in
Tenant's reasonable judgment in order to maximize sales from the Premises, at Tenant's sole expense.
However, Landlord shall not be responsible for providing common area or other services during such additional
hours. Tenant shall open the whole of the Premises for business to the public, fully fixtured, stocked, and staffed
within 60 days of the Completion Date set forth in item 22 of the Lease Summary, and shall continuously, actively,
and diligently carry on the business specified in section 3.1 on the whole of the Premises during the Term, during
such hours and upon such days as are herein required, except when prevented from doing so by force majeure-.
Tenant acknowledges that its continued occupancy of the Premises and the regular conduct of its business
therein are of utmost importance to neighboring tenants and to Landlord in the renting of space in the Retail
Space, the renewal of other leases therein, the efficient and economic supply of services and utilities. Tenant
acknowledges that Landlord is executing this Lease in reliance thereupon and that the same is a material element
inducing Landlord to execute this Lease. Tenant shall not keep or display any merchandise on or othenrise
obstruct the common areas and shall not sell, advertise, conduct, or solicit business anywhere within the Retail
Space other than in the Premises. Tenant shall ship and receive supplies, fixtures, equipment, furnishings, wares,
and merchandise only through the appropriate service and delivery facilities provided by Landlord; and shall not
park its trucks or other delivery vehicles or allow suppliers or others making deliveries to or receiving shipments
from the Premises to park in the parking areas, except in those parts thereof as may from tims to time be
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allocated by Landlord for such purpose. Tenant shall maintain available a substantial stock of goods, wares, and
merchandise adequate to ensure successful operation of Tenant's business, and shall employ and maintain sales
and other personnel sufficient at all times for proper service to customers.
3.6 Prohibited Uses. Notwithstanding any other provisions of this Lease, Tenant shall not use the
Premises nor permit them to be used for any of the following purposes: (A) for the sale by Tenant, as its principal
business purpose, of any merchandise which Tenant, in the course of its normal business practice, purchases at
manufacturers' clearances or purchases of ends-of-runs, bankruptcy stock, seconds, or other similar
merchandise; (B) for the sale of second-hand goods, war surplus articles, insurance salvage stock, fire sale stock,
merchandise damaged by or held out to be damaged by fire, except merchandise damaged by fire or smoke
occurring in the Retail Space, and then only for thirty (30) days after the date of any such damage; (C) as an
auction or flea market; (D) for a bankruptcy sale or going-out-of-business sale or liquidation sale or any similar
sale, unless Tenant is in fact in bankruptcy or is going out of business or is in liquidation, in which case such sale
shall not continue beyond thirty (30) days; (E) a business primarily used for an order office, mail order office, or
catalogue store; or (F) any business in which Tenant is engaged in intentionally deceptive or fraudulent
advertising or selling practices or any other act or business practice contrary to honest retail practices.
3.7 lntentionaly Omitted.
3.8 Exclusive Use. So long as Tenant is in actual occupancy of the Premises and using the
Premises for the permitted use set forth in the Lease Summary, Landlord agrees not to enter into any leases for
space in the Retail Space with persons or entities whose primary business at the Retail Space would be the sale
of athletic and/or other types of sporting footwear, retail apparel and related general merchandise.
ARTICLE IV. ACCESS AND ENTRY.
4.1 Riqht of Examination. Landlord shall be entitled at all reasonable times and upon reasonable
written notice, not less than 24 hours (but no notice is required in emergencies) to enter the Premises to examine
them if Landlord reasonably believes that Tenant is not complying with any of its obligations hereunder; to make
such repairs, alterations, or improvements thereto as Landlord considers necessary or reasonably desirable; to
have access to underfloor facilities and access panels to mechanical shafts and to check, calibrate, adjust, and
balance controls and other parts of the heating, air conditioning, ventilating, and climate control systems. Landlord
reserves to itself (and others acting on behalf of Landlord including, without limitation, the City) the right to instail,
maintain, use, and repair pipes, ducts, conduits, vents, wires, and other installations leading in, through, over, or
under the Premises and for this purpose, Landlord may take all material into and upon the Premises which is
required therefor. Tenant shall not unduly obstruct any pipes, conduits, or mechanical or other electrical
equipment so as to prevent reasonable access thereto. Landlord reseryes the right to use all exterior walls and
roof area. Landlord shall exercise its rights under this section, to the extent possible in the circumstances, in such
manner so as to minimize interference with Tenant's use and enjoyment of the Premises and Tenant's property.
4.2 Rioht to Show Premises. Landlord and its agents have the right to enter the Premises at all
reasonable times and upon reasonable written notice not less than 24 hours to show them to prospective
purchasers, lenders, or anyone having a prospective interest in the Retail Space, and, during the last six (6)
months of the Term (or the last six (6) months of any renewal term if this Lease is renewed), to show them to
prospective tenants. Landlord shall exercise its rights under this section, to the extent possible in the
circumstances, in such manner so as to minimize interference with Tenant's use and enjoyment of the premises
and Tenant's property.
ARTICLE V. lNlTlAL CONSTRUCTION: MAINTENANCE. REPAIRS, AND ALTERRttOtrtS.
5.1. Tenant'sConstructionObliqations.
(a) Subject to the provisions hereof, Tenant shall, at its expense, cause the construction and
installation of all improvements to the Premises in accordance with Tenant's Plans, as hereinafter defined, and as
necessary to permit Tenant to occupy same and conduct normal business operations (such improvements being
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referred to herein as ("Tenant's Work"). The plans for such improvements shall be submitted to the Landlord for
the Landlord's prior written consent, which will not be unreasonably withheld or delayed. Tenant covenants and
agrees that it will invest, or cause to be invested, no less than $500,000 in hard construction costs on/to the
Premises to insure that a first class restaurant is constructed.
(b) All permanent (fixed) improvements to the Premises shall remain the property of the Landlord
upon termination of the Lease. Upon the lawful termination of the Lease, all personal property and trade fixtures
may be removed by the Tenant from the Premises without damage to the Premises.
(c) Any damage to the existing finishes of the Retail Space shall be patched and repaired by Tenant,
at its expense, and all such work shall be done to Landlord's satisfaction. lf any patched and painted area does
not match the original surface, then the entire surface shall be repainted at Tenant's expense. Tenant agrees to
indemnify and hold harmless Landlord, its agents, and employees from and against any and all costs, expenses,
damage, loss, or liability, including, but not limited to, reasonable attorneys' fees and costs, which arise out of, is
occasioned by, or is in any way attributable to the build-out of the Premises or any subsequent improvements or
alterations by Tenant pursuant to this Lease. Tenant, at its expense, shall be responsible for the maintenance,
repair, and replacement of any and all items constructed by Tenant's contractor.
(d) Tenant shall not alter the existing fire alarm system in the Premises or the Retail Space. Tenant's
Plans shall include detailed drawings and specifications for the design and installation of Tenant's fire alarm (and
security) system(s) for the Premises. Such system(s) shall meet all appropriate building code requirements, and
the fire alarm system shall, at Tenant's expense, be integrated into Landlord's fire alarm system for the Retail
Space. (Landlord is not required to provide any security system.) Landlord's electrical contractor and/or fire alarm
contractor shall, at Tenant's expense, make all final connections between Tenant's and Landlord's fire alarm
systems. Tenant shall insure that all work performed on the fire alarm system shall be coordinated at the job site
with the Landlord's representative.
(e) Tenant will permit no liens to attach to the Premises arising from, connected with or related to the
construction of the improvements. Moreover, such construction shall be accomplished through the use of
licensed, reputable contractors who are acceptable to Landlord. Any and all permits and or licenses required for
the installation of improvements shall be the sole responsibility of Tenant.
(0 The above requirements for submission of plans and the use of specific contractors shall not
apply to improvements, maintenance or repairs which do not exceed $20,000.00, provided that the work is not
structural, and provided that it is permitted by applicable law.
(g) Landlord acknowledges that the Current Tenant has made improvements and had signage
installed prior to the execution of this Lease Agreement, and as such, said improvements and signage are
acceptable to Landlord, to the extent that same were properly permitted, and done in compliance with all
applicable building codes, and any other Municipal, county, state and Federal laws.
5.1.1. Tenant's Construction Escrow and Guaranties. Following Lease execution, and issuance by the
City of Tenant's full building permit, and prior to commencement of construction, Tenant shall execute a work
letter and escrow agreement, including a cash deposit, in the amount of the cost of the work (as such amount is
set forth in the construction contract between Tenant and its General Contractor) for the build-out of the premises
for the intended Use, which will be deposited into Tenant's attorney's escrow account to guarantee the diligent
and timely prosecution of construction. At its sole discretion, the City may also require that Tenant's General
Contractor (G C ) furnish the City with a Construction Completion Guaranty, and/or require Tenant's G.C. to
furnish a Payment and Performance Bond (in a form reasonably acceptable to and approved by the City),
guaranteeing the performance of the G.C. under the construction contract. The City shall be named as a dual
obligee under such Bond. Additionally, Tenant shall be required to purchase Builder's Risk insurance coverage.
5.2 Maintenance and Repairs by Landlord. lt is hereby acknowledged and agreed that Landlord shall
maintain and repair certain portions of the Retail Space as delineated in Exhibit "F" hereto. Tenant will notify in
writing of any necessary repairs that are the obligation of Landlord. Landlord shall not be responsible for any
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damages caused to Tenant by reason of failure of any equipment or facilities serving the Retail Space or delays in
the performance of any work for which the Landlord is responsible to perform pursuant to this Lease.
Notwithstanding any other provisions of this Lease, if any part of the Retail Space is damaged or destroyed or
requires repair, replacement, or alteration as a result of the act or omission of Tenant, its employees, agents,
invitees, licensees, or contractors, Landlord shall have the right to perform same and the cost of such repairs,
replacement, or alterations shall be paid by Tenant to Landlord upon demand. ln addition, if, in an emergency, it
shall become necessary to make promptly any repairs or replacements required to be made by Tenant, Landlord
may re-enter the Premises and proceed forthwith to have the repairs or replacements made and pay the costs
thereof. Upon demand, Tenant shall reimburse Landlord for the cost of making the repairs. Landlord shall
exercise its rights under this section in a manner so as to minimize any disruption or interference with the
operation of Tenant's business and property.
5.3 Maintenance and Repairs by Tenant. Tenant shall, at its sole cost, repair and maintain the
Premises, all to a standard consistent with a first class retail center, with the exception of base building,
mechanical and electrical systems, roof and foundation, which are the obligation of the Agency Landlord pursuant
to this Lease. Without limiting the generality of the foregoing, Tenant is specifically required to maintain and make
repairs to (i) the portion of any pipes, lines, ducts, wires, or conduits contained within the Premises; (ii)windows,
plate glass, doors, and any fixtures or appurtenances composed of glass (including, without limitation, interior and
exterior washing of windows and plate glass and the installation of hurricane shutters as provided by the
Landlord); (iii) Tenant's sign; (iv) any heating or air conditioning equipment serving the Premises ("HVAC") (which
shall include, without limitation, a preventive maintenance HVAC service contract. Such service contract shall
include, without limitation, preventive HVAC maintenance no less than quarterly); and (v) the Premises or the
Retail Space when repairs to the same are necessitated by any act or omission of Tenant, or the failure of Tenant
to perform its obligations under this Lease. All repair and maintenance performed by Tenant in the Premises shall
be performed by contractors or workmen designated or approved by Landlord, which approval shall not be
unreasonably withheld or delayed. At the expiration or earlier termination of the Term, Tenant shall surrender the
Premises to Landlord in as good condition and repair as Tenant is required to maintain the Premises throughout
the Term, reasonable wear and tear excepted. Tenant shall also furnish, maintain, and replace all electric light
bulbs, tubes, and tube casings located within or serving the Premises and Tenant's signage, all at Tenant's sole
cost and expense.
5.4 Approval of Tenant's Alterations. Unless otherwise provided herein, No alterations (including,
without limitation, improvements, additions, or modifications to the Premises) shall be made by Tenant to the
Premises without Landlord's prior written approval, which, as to exterior or structural alterations may be withheld
in Landlord's sole discretion. Any alterations by Tenant shall be performed at the sole cost of Tenant, by
contractors and workmen approved by Landlord, which approval shall not be unreasonably withheld or delayed, in
a good and workmanlike manner, and in accordance with all applicable laws and regulations.
5.5 Removal of lmprovements and Fixtures. All leasehold improvements and fixtures (other than
unattached, movable trade fixtures which can be removed without damage to the Premises) shall at the expiration
or earlier termination of this Lease become Landlord's property. Tenant may, during the Term, in the usual course
of its business, remove its trade fixtures, provided that Tenant is not in default under this Lease; and Tenant shall,
at the expiration or earlier termination of the Term, at its sole cost, remove such of the leasehold improvements
(except for improvements installed by Landlord prior to the Commencement Date) and trade fixtures in the
Premises as Landlord shall require to be removed and restore the Premises to the condition existing prior to such
removal. Tenant shall at its own expense repair any damage caused to the Retail Space by such removal. lf
Tenant does not remove its trade fixtures at the expiration or earlier termination of the Term, the trade fixtures
shall, at the option of Landlord, become the property of Landlord and may be removed from the premises and
sold or disposed of by Landlord in such manner as it deems advisable without any accounting to Tenant.
5.6 Liens. Tenant shall promptly pay for all materials supplied and work done in respect of the
Premises by, through, or under Tenant so as to ensure that no lien is recorded against any portion of the Retail
Space or against Landlord's or Tenant's interest therein. lf a lien is so recorded, Tenant shall discharge it
promptly by payment or bonding. lf any such lien against the Retail Space or Landlord's interest therein is
recorded and not discharged by Tenant as above required within fifteen (15) days following written notice to
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Tenant, Landlord shall have the right to remove such lien by bonding or payment and the cost thereof shall be
paid immediately from Tenant to Landlord. Landlord and Tenant expressly agree and acknowledge that no
interest of Landlord in the Premises or the Retail Space shall be subject to any lien for improvements made by
Tenant in or for the Premises, and Landlord shall not be liable for any lien for any improvements made by Tenant,
such liability being expressly prohibited by the terms of this Lease. ln accordance with applicable laws of the
State of Florida, Landlord has filed in the public records of Dade County, Florida, a public notice containing a true
and correct copy of this paragraph, and Tenant hereby agrees to inform all contractors and material suppliers
performing work in or for or supplying materials to the Premises of the existence of said notice.
5.7 Utilities. Tenant shall pay to Landlord, or as Landlord directs, all gas, electricity, water, and other
utility charges applicable to the Premises as separately metered. Tenant shall, at its own cost, install, maintain
and repair, as required, its electrical meter for the Premises. ln addition, Tenant's electrical equipment and
lighting shall be restricted to that equipment and lighting which individually does not have a rated capacity and/or
design load greater than the rated capacity and/or design load of the Retail Space. lf Tenant's consumption of
electrical services exceeds either the rated capacity and/or design load of the Retail Space, then Tenant shall
remove the equipment and/or lighting to achieve compliance within ten (10) days after receiving written notice
from Landlord, or such equipment and/or lighting may remain in the Premises, so long as (a) Tenant shall pay for
all costs of installation and maintenance of submeters, wiring, air-conditioning, and other items required by
Landlord, in Landlord's reasonable discretion, to accommodate Tenant's excess design loads and capacities; and
(b) Tenant shall pay to Landlord, within thirty (30) days after rendition of a bill, the cost of the excess consumption
of electrical service at the rates charged to Landlord by Florida Power & Light, which shall be in accordance with
any applicable laws.
ARTICLE VI. INSURANCE AND INDEMNITY.
6.1 Tenant's lnsurance. Tenant shall, throughout the Term (and any other period when Tenant is in
possession of the Premises), maintain at its sole cost the following insurance:
(A) All risks property insurance, containing a waiver of subrogation rights which Tenant's
insurers may have against Landlord and against those for whom Landlord is in law responsible including, without
limitation, its directors, officers, agents, and employees, and (except with respect to Tenant's chattels)
incorporating a standard New York mortgagee endorsement (without contribution). Such insurance shall insure
property of every kind owned by Tenant in an amount not less than the full replacement cost thereof (new), with
such cost to be adjusted no less than annually. Such policy shall Include as additional insureds Landlord and its
affiliates and any mortgagee of Landlord, the City, and any mortgagee of the Landlord in connection with a mortgage
on the Facility.
(B) Comprehensive general liability insurance. Such policy shall contain inclusive limits per
occurrence of not less than the amount specified in the Lease Summary; provide for severability of interests; and
include as additional insureds Landlord and its affiliates and any mortgagee of Landlord, the City, and any
mortgagee of Landlord in connection with a mortgage on the Facility.
(C) Workeds compensation and employer's liability insurance in compliance with applicable
legal requirements.
(D) Business interruption insurance, sufficient to insure Tenant for no less than one(1) full
year of loss of business, with the Landlord named thereon as loss payee to the extent permitted by applicable law.
(E) Any other form of insurance which Tenant or Landlord, acting reasonably, requires from
time to time in form, in amounts, and for risks against which a prudent tenant would insure, but in any event not
less than that carried by comparable retail establishments in Dade County, Florida.
All policies referred to above shall: (i) be taken out with insurers licensed to do business in
Florida and reasonably acceptable to Landlord; (ii) be in a form reasonably satisfactory to Landlord; (iii) be
non-contributing with, and shall apply only as primary and not as excess to any other insurance available to
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Landlord or any mortgagee of Landlord; (iv)contain an undertaking by the insurers to notify Landlord by certified
mail not less than thirty (30) days prior to any material change, cancellation, or termination, and (v) with respect to
subsection (A), contain replacement cost, demolition cost, and increased cost of construction endorsements.
Certificates of insurance on Landlord's standard form or, if required by a mortgagee, copies of such insurance
policies certified by an authorized otficer of Tenant's insurer as being complete and current, shall be delivered to
Landlord promptly upon request. lf Tenant fails to take out or to keep in force any insurance referred to in this
section 6.1 , or should any such insurance not be approved by either Landlord or any mortgagee, and Tenant does
not commence and continue to diligently cure such default within two (2) business days after written notice by
Landlord to Tenant specifying the nature of such default, then Landlord has the right, without assuming any
obligation in connection therewith, to effect such insurance at the sole cost of Tenant and all outlays by Landlord
shall be paid by Tenant to Landlord as additional rent without prejudice to any other rights or remedies of Landlord
under this Lease. Tenant shall not keep or use in the Premises any article which may be prohibited by any fire or
casualty insurance policy in force from time to time covering the Premises or the Retail Space. Landlord
represents that Tenant's permitted use doesn't violate any policy carried by the Landlord.
6.2 Loss or Damaqe. Tenant acknowledges that the Landlord will be performing any maintenance
and repairs required of Landlord hereunder. Landlord shall not be liable for any death or injury arising from or out
of any occurrence in, upon, at, or relating to the Retail Space or damage to property of Tenant or of others located
on the Premises or elsewhere in the Retail Space, nor shall it be responsible for any loss of or damage to any
property of Tenant or others from any cause, unless such death, injury, loss, or damage results from the gross
negligence or willful misconduct of Landlord. Without limiting the generality of the foregoing, Landlord shall not be
liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, falling ceiling
tile, falling fixtures, steam, gas, electricity, water, rain, flood, or leaks from any part of the Premises or from the
pipes, sprinklers, appliances, plumbing works, roof, windows, or subsurface of any floor or ceiling of the Retail
Space or from the street or any other place or by dampness, or by any other cause whatsoever, unless resulting
from the gross negligence or willful misconduct of Landlord. Tenant agrees to indemnify Landlord and hold it
harmless from and against any and all loss (including loss of Minimum Rent and additional rent payable in respect
to the Premises), claims, actions, damages, liability, and expense of any kind whatsoever (including attorneys'
fees and costs at all tribunal levels), unless caused by the gross negligence or willful misconduct of Landlord,
arising from any occurrence in, upon, or at the Premises, or the occupancy, use, or improvement by Tenant or its
agents or invitees of the Premises or any part thereof, or occasioned wholly or in part by any act or omission of
Tenant its agents, employees, and invitees or by anyone permitted to be on the Premises by Tenant.
6.3 Waiver of Subroqation. Landlord and Tenant each hereby waives on behalf of itself and its
insurers (none of which shall ever be assigned any such claim or be entitled thereto due to subrogation or
otherwise) any and all rights of recovery, claim, action, or cause of action, against the other, its agents, officers, or
employees, for any loss or damage that may occur to the Premises, or any improvements thereto or the Retail
Space, or any improvements thereto, or any personal property of such party therein, by reason of fire, the
elements, or any other causes which are, or could or should be insured against under the terms of the standard
fire and extended coverage insurance policies referred to in this Lease, regardless of whether such insurance is
actually maintained and regardless of the cause or origin of the damage involved, including negligence of the
other party hereto, its agents, officers, or employees. Landlord and Tenant shall each obtain from their respective
insurers, under all policies of fire, theft, public liability, worker's compensation, and other insurance maintained by
either of them at any time during the term hereof insuring or covering the Retail Space or any portion thereof or
operations therein, a waiver of all rights of subrogation which the insurer of one party might have against the other
party, and Landlord and Tenant shall each indemnify, defend, and hold harmless the other against any loss or
expense, including reasonable attorneys' fees (appellate or otherwise) resulting from the failure to obtain such
waiver.
ARTICLE VII. DAMAGE AND DESTRUCTION,
7.1 Damaqe to Premises. Tenant acknowledges that if the Premises are partially or totally destroyed
due to fire or other casualty, any repairs to or rebuilding of the damaged portions of the Retail Space will be
performed by Landlord and in any event only to the extent that Landlord is required to repair or rebuild the Retail
Space. lf Landlord repairs or rebuilds, Rent shall abate proportionately to the portion of the Premises, if any,
869
rendered untenantable from the date of destruction or damage until the repairs have been substantially
completed. Upon being notified that the repairs have been substantially completed, Tenant shall diligently
perform all other work required to fully restore the Premises for use in Tenant's business, in every case at
Tenant's cost and without any contribution to such cost by Landlord, whether or not Landlord has at any time
made any contribution to the cost of supply, installation, or construction of leasehold improvements in the
Premises. Tenant agrees that during any period of reconstruction or repair of the Premises, it will continue the
operation of its business within the Premises to the extent practicable. lf all or any part of the Premises shall be
damaged by fire or other casualty and the fire or other casualty is caused by the fault or neglect of Tenant or
Tenant's agents, guest, or invitees, rent and all other charges shall not abate.
7.2 Termination for Damaqe. Notwithstanding section 7.1, tf damage or destruction which has
occurred to the Premises or the Retail Space is such that in the reasonable opinion of Landlord such
reconstruction or repair cannot be completed within one hundred twenty(120) days of the happening of the
damage or destruction, Landlord or Tenant may, at its option, terminate this Lease on notice to the other given
within thirty (30) days after such damage or destruction and Tenant shall immediately deliver vacant possession
of the Premises in accordance with the terms of this Lease.
ln addition, if Landlord undertakes the reconstruction or repair, and does not complete same within
nine (9) months after the date of the fire or other casualty (subject to the time required to prepare plans for
reconstruction, to obtain building permits, to receive distribution of insurance proceeds, and to complete the likely
contract bidding process and all other relevant factors, but not to exceed an additional ninety (90) days), then
Tenant shall have the right to terminate this Lease by written notice to Landlord delivered within thirty (30) days
after the expiration of such nine (9) month period (or as extended), whereupon both parties shall be relieved of all
further obligations hereunder, except as otherwise expressly set forth herein.
ARTICLE VIII. ASSIGNMENT, LEASES, AND TRANSFERS.
8.1 Transfer bv Tenant. Tenant shall not enter into, consent to, or permit any Transfer, as hereinafter
defined, without the prior written consent of Landlord in each instance, which consent may not be unreasonably
wihheld. For purposes of this Lease, "Transfer" means an assignment of this Lease in whole or in part; a
sublease of all or any part of the Premises; any transaction whereby the rights of Tenant under this Lease or to
the Premises are transferred to another; any mortgage or encumbrance of this Lease or the Premises or any part
thereof or other arrangement under which either this Lease or the Premises become security for any
indebtedness or other obligations; and if Tenant is a corporation or a partnership, the transfer of a controlling
interest (greater than 50%) in the stock of the corporation or partnership interests, as applicable provided
transfers to family members and transfers to third parties of less than 50% of the stock of the Tenant are
permitted without Landlord consent. lf there is a permitted Transfer, Landlord may collect rent or other payments
from the transferee and apply the net amount collected to the rent or other payments required to be paid pursuant
to this Lease but no acceptance by Landlord of any payments by a transferee shall be deemed a waiver of any
provisions hereof regarding Tenant. Notwithstanding any Transfer, Tenant shall not be released from any of its
obligations under this Lease. Landlord's consent to any Transfer shall be subject to the further condition that if the
Minimum Rent and additional rent pursuant to such Transfer exceeds the Minimum Rent and additional rent
payable under this Lease, the amount of such excess shall be paid to Landlord. lf, pursuant to a permitted
Transfer, Tenant receives from the transferee, either directly or indirectly, any consideration other than Minimum
Rent and additional rent for such Transfer, either in the form of cash, goods, or services, Tenant shall, upon
receipt thereof, pay to Landlord an amount equivalent to such consideration. Landlord acknowledges that any
proceeds received in connection with the sale of Tenant's business (which sale shall include a corresponding
assignment of this Lease) shall belong exclusively to the Tenant and/or its principals).
ARTICLE IX. DEFAULT.
9.1 Defaults. A default by Tenant shall be deemed to have occurred hereunder, if and whenever:
(i) any Minimum Rent is not paid within 5 days from notice or demand for payment has been made by Landlord;
(ii) any other additional rent is in arrears and is not paid within five (5) days after written demand by Landlord;
(iii) Tenant has breached any of its obligations in this Lease (other than the payment of rent) and Tenant fails to
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remedy such breach within thirty (30) days (or such shorter period as may be provided in this Lease), or if such
breach cannot reasonably be remedied within thirty (30) days (or such shorter period), then if Tenant fails to
immediately commence to remedy and thereafter proceed diligently to remedy such breach, in each case after
notice in writing from Landlord; (iv)Tenant becomes bankrupt or insolvent; (v) any of Landlord's policies of
insurance with respect to the Retail Space are canceled or adversely changed as a result of Tenant's use or
occupancy of the Premises; or (vi)the business operated by Tenant in the Premises shall be closed by
governmental or court order for any reason.
9.2 Remedies. ln the event of any default hereunder by Tenant, then without prejudice to any other
rights which it has pursuant to this Lease or at law or in equity, Landlord shall have the following rights and
remedies, which are cumulative and not alternative:
(A) Landlord may cancel this Lease by notice to Tenant and retake possession of the
Premises for Landlord's account, or may terminate Tenant's right to possession of the Premises without
terminating this Lease. ln either event, Tenant shall then quit and surrender the Premises to Landlord. lf Landlord
terminates Tenant's right to possession of the Premises without terminating this Lease, Tenant's liability under all
of the provisions of this Lease shall continue notwithstanding any expiration and surrender, or any re-entry,
repossession, or disposition hereunder.
(B) Landlord may enter the Premises as agent of Tenant to take possession of any property
of Tenant on the Premises, to store such property at the expense and risk of Tenant or to sell or otherwise
dispose of such property in such manner as Landlord may see fit without notice to Tenant. Re-entry and removal
may be effectuated by summary dispossess proceedings, by any suitable action or proceeding, or othenruise.
Landlord shall not be liable in any way in connection with its actions pursuant to this section, to the extent that its
actions are in accordance with law.
(C) lf Landlord terminates Tenant's right to possession of the Premises without terminating
this Lease under subsection (A) above, Tenant shall remain liable (in addition to accrued liabilities) to the extent
legally permissible for all rent and all of the charges Tenant would have been required to pay until the date this
Lease would have expired had such cancellation not occurred. Tenant's liability for rent shall continue
notwithstanding re-entry or repossession of the Premises by Landlord. ln addition to the foregoing, Tenant shall
pay to Landlord such sums as the court which has jurisdiction thereover may adjudge as reasonable attorneys'
fees with respect to any successful lawsuit or action instituted by Landlord to enforce the provisions of this Lease.
(D) Landlord may relet all or any part of the Premises for all or any part of the unexpired
portion of the Term of this Lease or for any longer period, and may accept any rent then attainable; grant any
concessions of rent, and agree to paint or make any special repairs, alterations, and decorations for any new
tenant as it may deem advisable in its sole and absolute discretion. Landlord shall be under no obligation to relet
or to attempt to relet the Premises, except as expressly set forth below.
(E) lf Landlord terminates Tenant's right to possession of the Premises without terminating
this Lease under subsection (A) above, and Landlord so elects, the rent hereunder shall be accelerated and
Tenant shall pay Landlord damages in the amount of any and all sums which would have been due for the
remainder of the Term (reduced to present value using a discount factor equal to the stated prime lending rate on
the date of Tenant's default by Landlord's then existing mortgagee or, if there is no mortgagee, by Citibank, N.A.,
New York). Prior to or following payment in full by Tenant of such discounted sum promptly upon demand,
Landlord shall use good faith efforts to relet the Premises. lf Landlord receives consideration as a result of a
reletting of the Premises relating to the same time period for which Tenant has paid accelerated rent, such
consideration actually received by Landlord, less any and all of Landlord 's cost of repairs, alterations, additions,
redecorating, and other expenses in connection with such reletting of the Premises, shall be a credit against such
discounted sum, and such discounted sum shall be reduced if not yet paid by Tenant as called for herein, or if
Tenant has paid such discounted sum, such credited amount shall be repaid to Tenant by Landlord (provided said
credit shall not exceed the accelerated amount).
(F) Landlord may remedy or attempt to remedy any default of Tenant under this Lease for the
account of Tenant and to enter upon the Premises for such purposes. No notice of Landlord's intention to perform
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such covenants need be given Tenant unless expressly required by this Lease. Landlord shall not be liable to
Tenant for any loss or damage caused by the reasonable acts of Landlord in remedying or attempting to remedy
such default and Tenant shall pay to Landlord all expenses incurred by Landlord in connection with remedying or
attempting to remedy such default. Any expenses incurred by Landlord shall accrue interest from the date of
payment by Landlord until repaid by Tenant at the highest rate permitted by law.
9.3 Costs. Tenant shall pay to Landlord on demand all costs incurred by Landlord, including attorneys'
fees and costs at all tribunal levels, incurred by Landlord in enforcing any of the obligations of Tenant under this
Lease. ln addition, upon any default by Tenant, Tenant shall be also liable to Landlord for the expenses to which
Landlord may be put in re-entering the Premises; repossessing the Premises; painting, altering, or dividing the
Premises; combining the Premises with an adjacent space for any new tenant; putting the Premises in proper
repair; protecting and preserving the Premises by placing watchmen and caretakers therein; reletting the
Premises (including attorneys' fees and disbursements, marshall's fees, and brokerage fees, in so doing); and
any other expenses reasonably incurred by Landlord.
9.4 Additional Remedies, Waiver. The rights and remedies of Landlord set forth herein shall be in
addition to any other right and remedy now and hereinafter provided by law. All rights and remedies shall be
cumulative and non-exclusive of each other. No delay or omission by Landlord in exercising a right or remedy
shall exhaust or impair the same or constitute a waiver of, or acquiescence to, a default.
9.5 Default by Landlord. ln the event of any default by Landlord, Tenant's exclusive remedy shall be
an action for damages or injunction, but prior to any such action Tenant will give Landlord written notice specifying
such default with particularity, and Landlord shall have a period of thirty (30) days following the date of such notice
in which to cure such default (provided, however, that if such default reasonably requires more than thirty (30)
days to cure, Landlord shall have a reasonable time to cure such default, provided Landlord commences to cure
within such thirty (30) day period and thereafter diligently prosecutes such cure to completion). Notwithstanding
any provision of this Lease, Landlord shall not at any time have any personal liability under this Lease. ln the
event of any breach or default by Landlord of any term or provision of this Lease, Tenant agrees to look solely to
the equity or interest then-owned by Landlord in the Retail Space, and in no event shall any deficiency judgment
be sought or obtained against Landlord. lt is expressly understood that the obligations of Landlord under this
Lease are solely corporate obligations, and that, except for conversion, fraud, or willful misconduct, no personal
liability will attach to, or is or shall be incurred by, the incorporators, stockholders, officers, directors, or
employees, as such, of the Landlord, or of any successor corporation, or any of them, under or by reason of the
obligations, covenants, or agreements of Landlord contained in this Lease or implied therefrom; and, except for
conversion, fraud, or willful misconduct, that any and all such personal liability, either at common law or in equityor by constitution or statute, of, and any and all such rights and claims against, every such incorporatoi,
stockholder, otficer, director, or employee, as such, or under or by reason of the obligations, covenants or
agreements contained in this Lease or implied therefrom are expressly waived and released as a condition of,
and as a consideration for, the execution of this Lease.
ARTICLE X. ESTOPPEL CERTIFICATE: SUBORD|NAT|ON.
10.1 Estoppel Certificate. Within ten (10) days after written request by Landlord, Tenant shall detiver in
a form supplied by Landlord, an estoppel certificate to Landlord as to the status of this Lease, including whether
this Lease is unmodified and in full force and effect (or, if there have been modifications, that this Lease is in full
force and effect as modified and identifying the modification agreements); the amount of Minimum Rent and
additional rent then being paid and the dates to which same have been paid; whether or not there is any existing
or alleged default by either party with respect to which a notice of default has been served, or any facts exist
which, with the passing of time or giving of notice, would constitute a default and, if there is any such default or
facts, specifying the nature and extent thereof; and any other matters pertaining to this Lease as to which
Landlord shall request such certificate. Landlord, and any prospective purchaser, lender, or ground lessor shall
have the right to rely on such certificate.
10.2 Subordination: Attornment. This Lease and all rights of Tenant shall be subject and subordinate
to any and all mortgages, security agreements, or like instruments resulting from any financing, refinancing, or
collateral financing (including renewals or extensions thereof), and to any and all ground leases, made or
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arranged by Landlord of its interests in all or any part of the Retail Space, from time to time in existence against
the Retail Space, whether now existing or hereafter created. Such subordination shall not require any further
instrument to evidence such subordination. However, on request, Tenant shall further evidence its agreement to
subordinate this Lease and its rights under this Lease to any and all documents and to all advances made under
such documents. The form of such subordination shall be made as required by Landlord, its lender, ground
lessor, the City. Tenant shall, if requested by Landlord, or a mortgagee, owner, or purchaser, or by any person
succeeding to the interest of such mortgagee, owner, or purchaser, as the result of the enforcement of the
remedies provided by law or the applicable instrument held by Landlord, such mortgagee, owner, or purchaser,
automatically attorn to and become the tenant of Landlord or any such mortgagee, owner, purchaser, or
successor-in-interest, without any change in the terms or other provisions of this Lease; provided, however, that
Landlord, said mortgagee, owner, purchaser, or successor shall not be bound by (a)any payment of rent or
additional rent for more than one (1) month in advance, or (b) any security deposit or the like not actually received
by Landlord, such mortgagee, owner, or purchaser, or successor, or (c)any amendment or modification in this
Lease made without the consent of Landlord, such mortgagee, owner, purchaser, or successor, or (d) any
construction obligation, free rent, or other concession or monetary allowance, or (e) any set-off, counterclaim, or
the like otheruvise available against Landlord, or (f) any act or omission of any prior landlord (including Landlord).
Upon request by Landlord, said mortgagee, owner, or purchaser, or successor, Tenant shall execute and deliver
an instrument or instruments confirming its attornment.
Notwithstanding the foregoing, any such subordination of this Lease shall be conditioned on the Landlord
obtaining a nondisturbance agreement in favor of Tenant from all mortgagees and ground lessors regarding any
financings or overleases entered into by Landlord with respect to the Retail Space, and no subordination shall be
effective without a correspond i n g nond istu rbance ag reement.
ARTICLE XI. CONTROL OF RETAIL SPACE BY LANDLORD.
11.1 Use and Maintenance of Common Areas. Tenant and those doing business with Tenant for
purposes associated with Tenant's business on the Premises, shall have a non-exclusive license to use the
common areas for their intended purposes during normal business hours in common with others entitled thereto
and subject to any rules and regulations imposed by Landlord. Landlord shall use reasonable efforts to keep the
common areas in good repair and condition and shall clean the common areas when necessary. Tenant
acknowledges that any common areas of the Retail Space shall at all times be under the exclusive control and
management of Landlord. For purposes of this Lease, "common areas" shall mean those areas, facilities, utilities,
improvements, equipment, and installations of the Retail Space which serve or are for the benefit of tenants of
more than one component of the Retail Space and which are not designated or intended by Landlord to be leased,
from time to time, or which are provided or designated from time to time by Landlord and/or the City for the benefit
or use of all tenants in the Retail Space, their employees, customers, and invitees, in common with others entitled
to the use or benefit of same. Tenant acknowledges that the Garage portion of the Facility is not a part of the
Retail Space, and that Tenant has no right or license to use the Garage pursuant to this Lease. Any use by
Tenant or its invitees of the Garage is subject to the rules and regulations in connection therewith imposed by
Landlord (or successor owner) and/or the operator of the Garage. No portion of the garage is under Landlord's
control or supervision, and Landlord shall not be liable for any damage to automobiles of any nature whatsoever
to, or any theft of, automobiles or other vehicles or the contents thereof, while in or about the Garage.
11.2 Alterations bv Landlord. Landlord and/or the City may (but shall not be obligated to) (i) atter, add
to, subtract from, construct improvements on, re-arrange, and construct additional facilities in, adjoining, or
proximate to the Retail Space; (ii) relocate the facilities and improvements in or comprising the Retail Space or
erected on the Land; (iii) do such things on or in the Retail Space as required to comply with any laws, by-laws,
regulations, orders, or directives affecting the Land or any part of the Retail Space; and (iv) do such other things
on or in the Retail Space as Landlord and/or the City, in the use of good business judgment determines to be
advisable, provided that notwithstanding anything contained in this section 11.2, access to the Premises shall be
available at all times. Landlord shall not be in breach of its covenants for quiet enjoyment or liable for any loss,
costs, or damages, whether direct or indirect, incurred by Tenant due to any of the foregoing; provided, Landlord
shall exercise its rights under this section in a manner so as to minimize any disruption or interference with the
operation of Tenant's business and property.
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ARTICLE XII. CONDEMNATION.
12.1 Total or Partial Takinq. lf the whole of the Premises, or such portion thereof as will make the
Premises unusable for the purposes leased hereunder, shall be taken by any public authority under the power of
eminent domain or sold to public authority under threat or in lieu of such taking, the Term shall cease as of the
day possession or title shall be taken by such public authority, whichever is earlier ("Taking Date"), whereupon
the rent and all other charges shall be paid up to the Taking Date with a proportionate refund by Landlord of any
rent and all other charges paid for a period subsequent to the Taking Date. lf less than the whole of the
Premises, or less than such portion thereof as will make the Premises unusable for the purposes leased
hereunder, the Term shall cease only as to the part so taken as of the Taking Date, and Tenant shall pay rent and
other charges up to the Taking Date, with appropriate credit by Landlord (toward the next installment of rent due
from Tenant) of any rent or charges paid for a period subsequent to the Taking Date. Minimum Rent and other
charges payable to Landlord shall be reduced in proportion to the amount of the Premises taken.
12.2 Award. All compensation awarded or paid upon a total or partial taking of the Premises or Retail
Space including the value of the leasehold estate created hereby shall belong to and be the property of Landlord
without any participation by Tenant; Tenant shall have no claim to any such award based on Tenant's leasehold
interest. However, nothing contained herein shall be construed to preclude Tenant, at its cost, from
independently prosecuting any claim directly against the condemning authority in such condemnation proceeding
for damage to, or cost of removal of, stock, trade fixtures, furniture, and other personal property belonging to
Tenant and for Tenant's moving expenses; provided, however, that no such claim shall diminish or otherwise
adversely affect Landlord's award or the award of any mortgagee.
ARTICLE XIII. PROMOTION.
13.1 Promotional Fund: Merchants' Association. lntentionally Omitted.
ARTICLE XIV. GENERAL PROVISIONS.
14.1 Delav. Whenever a period of time is herein prescribed for the taking of any action by Landlord or
Tenant, as applicable, Landlord or Tenant, as applicable, shall not be liable or responsible for, and there shall be
excluded from the computation of such period of time, any delays due to strikes, riots, acts of God, shortages of
labor or materials, war, or governmental laws, regulations, or restrictions in the nature of a prohibition or
moratorium, or any bona fide delay beyond the reasonable control of Landlord or Tenant, as applicable. The
foregoing shall not apply to any payments of money due under this Lease.
14.2 Holdinq Over. lf Tenant remains in possession of the Premises after the end of the Term without
having executed and delivered a new lease or an agreement extending the Term, there shall be no tacit renewal
of this Lease or the Term, and Tenant shall be deemed to be occupying the Premises as a Tenant from month to
month at a monthly Minimum Rent payable in advance on the first day of each month equal to twice the monthly
amount of Minimum Rent payable during the last month of the Term, and otherwise upon the same terms as are
set forth in this Lease, so far as they are applicable to a monthly tenancy.
14.3 Waiver: Partial lnvalidity. lf Landlord excuses or condones any default by Tenant of any
obligation under this Lease, this shall not be a waiver of such obligation in respect of any continuing or
subsequent default and no such waiver shall be implied. All of the provisions of this Lease are to be construed as
covenants even though not expressed as such. lf any provision of this Lease is held or rendered illegal or
unenforceable it shall be considered separate and severable from this Lease and the remaining provisions of this
Lease shall remain in force and bind the parties as though the illegal or unenforceable provision had never been
included in this Lease.
14.4 Recordinq. Neither Tenant nor anyone claiming under Tenant shall record this Lease or any
memorandum hereof in any public records without the prior written consent of Landlord.
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14.5 Financial Records. Landlord shall have the right to periodically review Tenant's financial records
and statement of operations no more than once per year.
14.6 Notices. Any notice, consent, or other instrument required or permitted to be given under this
Lease shall be in writing and shall be delivered in person, or sent by certified mail, return receipt requested, or
overnight express mail courier, postage prepaid, addressed (i) if to Landlord, at the address set forth in the Lease
Summary; and (ii) if to Tenant, at the Premises or, prior to Tenant 's occupancy of the Premises, at the address
set forth on the Lease Summary, with a copy to Training Camp, lnc. at 25 West 45th Street, New York, Ny 10036.
Any such notice or other instruments shall be deemed to have been given and received on the day upon which
personal delivery is made or, if mailed, then forty-eight (48) hours following the date of mailing. Either party may
give notice to the other of any change of address and after the giving of such notice, the address therein specified
is deemed to be the address of such party for the giving of notices. lf postal service is interrupted or substantially
delayed, all notices or other instruments shall be delivered in person or by overnight express mailcourier.
14.7 Successors: Joint and Several Liabilitv. The rights and liabilities created by this Lease extend to
and bind the successors and assigns of Landlord and the heirs, executors, administrators, and permitted
successors and assigns of Tenant. No rights, however, shall inure to the benefit of any transferee unless such
Transfer complies with the provisions of Article Vlll. lf there is at any time more than one Tenant or more than
one person constituting Tenant, their covenants shall be considered to be joint and several and shall apply to
each and every one of them.
14.8 Captions and Section Numbers. The captions, section numbers, article numbers, and table of
contents appearing in this Lease are inserted only as a matter of convenience and in no way affect the substance
of this Lease.
14.9 Extended Meaninos. The words "hereof," "hereto," "hereunder," and similar expressions used in
this Lease relate to the whole of this Lease and not only to the provisions in which such expressions appear. This
Lease shall be read with all changes in number and gender as may be appropriate or required by the context.
Any reference to Tenant includes, when the context allows, the employees, agents, invitees, and licensees of
Tenant and all others over whom Tenant might reasonably be expected to exercise control. This Lease has been
fully reviewed and negotiated by each party and their counsel and shall not be more strictly construed against
either party.
14.10 Entire Aqreement: Governinq Law: Time. This Lease and the Exhibits and Riders, if any,
attached hereto are incorporated herein and set forth the entire agreement between Landlord and Tenant
concerning the Premises and there are no other agreements or understandings between them. This Lease and
its Exhibits and Riders may not be modified except by agreement in writing executed by Landlord and Tenant.
This Lease shall be construed in accordance with and governed by the laws of the State of Florida. Time is of the
essence of this Lease.
14.11 No Partnership. The parties hereby acknowledge that it is not their intention under this Lease to
create between themselves a partnership, joint venture, tenancy-in-common, joint tenancy, co-ownership, or
agency relationship. Accordingly, notwithstanding any expressions or provisions contained herein, nothing in this
Lease, whether based on the calculation of rental or otherwise, shall be construed or deemed to create, or to
express an intent to create, a partnership, joint venture, tenancy-in-common, joint tenancy, co-ownership or
agency relationship of any kind or nature whatsoever between the parties hereto. The provisions of this section
shall survive expiration of the Term.
14.12 Quiet Eniovment. lf Tenant pays rent and other charges and fully observes and performs all of its
obligations under this Lease, Tenant shall be entitled to peaceful and quiet enjoyment of the premises for the
Term without interruption or interference by Landlord or any person claiming through Landlord.
14.13 Brokeraqe. Landlord and Tenant each represent and warrant one to the other that except as set
forth in the Lease Summary, neither of them has employed any broker in connection with the negotiations of the
terms of this Lease or the execution thereof. Landlord and Tenant hereby agree to indemnify and to hold each
15
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other harmless against any loss, expense, or liability with respect to any claims for commissions or brokerage
fees arising from or out of any breach of the foregoing representation and warranty. Landlord recognizes the
broker(s) specified in the Lease Summary as the sole broker(s) with whom Landlord has dealt in this transaction
and agrees to pay any commissions determined to be due said broker(s).
14.14 Radon Notice. Chapter 88-285, Laws of Florida, requires the following notice to be provided with
respect to the contract for sale and purchase of any building, or a rental agreement for any building:
"RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building
in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your county public health unit.
14.15 Execution. This Lease has been submitted for discussion purposes only and shall not be
deemed an otfer by either party to the other to enter into this Lease unless and until this Lease shall have been
executed by both parties, indicating their acceptance of the terms and conditions contained herein.
14.16 PROHIBITIONS REGARDING SALE OR USE OF EXPANDED POLYSTYRENE FOOD
SERVICE ARTICLES OR PLASTIC STRAWS. Pursuant to Section 82-7 ol the City Code, as may be amended
from time to time, effective August 2,2014, the City has prohibited the use of expanded polystyrene food service
articles by City Contractors, in connection with any City contract, lease, concession agreement or Special event
permit. Additionally, pursuant to Section 82-385 of the City Code, as may be amended from time to time, no
polystyrene food service articles will be allowed in the right-of-way, and no polystyrene food service articles can
be provided to sidewalk caf6 patrons.
Expanded polystyrene is a petroleum byproduct commonly known as Styrofoam. Expanded polystyrene is more
particularly defined as blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical
materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to,
fusion of polymer spheres (expandable bead foam), injection molding, foam molding, and extrusion-blown
molding (extruded foam polystyrene).
Expanded polystyrene food service afticles means plates, bowls, cups, containers, lids, trays, coolers, ice chests,
and all similar articles that consist of expanded polystyrene.
Tenant agrees not to sell, use, provide food in, or offer the use of expanded polystyrene food service articles at
the Premises or in connection with this Lease. Tenant shall ensure that all vendors operating in the Premises
abide by the restrictions contained in this Section 14.16. A violation of this Section shall be deemed a default
under the terms of this Lease. This subsection shall not apply to expanded polystyrene food service articles used
for prepackaged food that have been filled and sealed prior to receipt by the Tenant or its vendors.
Additionally, Tenant agrees to comply (and ensure compliance by its vendors) with Section 46-92 (c) of the City
Code, which states that it is unlavvful for any person to carry g4y expanded polystyrene product onto any beach or
into any park within the City or for any business to provide plastic straws with the service or delivery of any
beverage to patrons on the beach.
14.17 TRIAL BY JURY. LANDLORD AND TENANT EACH HEREBY WAIVES ITS RIGHT TO A JURY
TRIAL OF ANY ISSUE OR CONTROVERSY ARISING UNDER THIS LEASE.
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EXECUTED as of the day and year first above written.
ATTEST: LANDLoRD:
MIAMI BEACH REDEVELOPMENT AGENCY, a pubtic
body corporate and politic
SECRETARY CHAIRMAN
(Print Name)
ATTEST:TENANT:
CUBICHE 105, LLC
(Print Name)
(Print Name)
By:
By:
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EXHIBIT ''A"
Legal Description
Lots 8, 9, 10, 11,12 and 13, Block 57, Fisher's First Subdivision of Alton Beach, according to the Plat thereof, as
recorded in Plat Book 2, Page77 of the Public Records of Dade County, Florida, togetherwith all of 16th Street
(Avenue "C"), less and except the following described parcel:
BEGINNING at the Southwest corner of Block 54 of said Fisher's First Subdivision of Alton Beach Plat; thence
North 88' 0' 53" East along the South line of said Block 54, a distance of 443.08 feet, to the Southeast corner of
said Block 54; thence South 07" 35' 04" West, a distance of 96.26 feet, to a point of cusp with a tangent curve
concave to the Southwest; thence along the arc of said curve to the left, having a radius of 25.00 feet and a
central angel of 90' 00' 00", an arc distance of 39.27 feet, to a point of tangency; thence North 82' 24' 52" West, a
distance of 24.75 feet; thence South 88" 00' 53" West along a line 8.00 feet North of and parallel with, as
measured at right angles to the North line of Block 57 of said plat, a distance of 382.18 feet to a point on the
Easterly Right-of-Way line of Washington Avenue; thence North 01'59'11" West along said Easterly
Right-of-Way line, a distance of 62.00 feet to the Southwest corner of said Block 54 and the Point of beginning.
Said lands lying and being in the City of Miami Beach and containing 65,910 square feet (1.5131 Acres) more or
less-
Cubiche 105 (OMFT Lease 6-2-2015)
878
EXHIBIT ''8"
Site Plan of Retail Space and Location of Premises
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879
EXHIBIT ''C''
RULES AND REGULATIONS
1, Securitv. Landlord may from time to time adopt appropriate systems and procedures for the
security or safety of the Retail Space, any persons occupying, using, or entering the same, or any equipment,
furnishings, or contents thereof, and Tenant shall comply with Landlord's reasonable requirements relative
thereto.
2. Return of Kevs. At the end of the Term, Tenant shall promptly return to Landlord all keys for the
Retail Space and Premises which are in the possession of Tenant. ln the event any Tenant fails to return keys,
Landlord may retain $100.00 of Tenant's security deposit for locksmith work and administration.
3. Repair. Maintenance. Alterations, and lmprovements. Tenant shall carry out Tenant's repair,
maintenance, alterations, and improvements in the Premises only during times agreed to in advance by Landlord
and in a manner which will not interfere with the rights of other Tenant's in the Retail Space.
4. Water Fixtures. Tenant shall not use water fixtures for any purpose for which they are not
intended, nor shall water be wasted by tampering with such fixtures. Any cost or damage resulting from such
misuse by Tenant shall be paid for by Tenant.
5. Personal Use of Premises. The Premises shall not be used or
residential, lodging, or sleeping purposes or for the storage of personal effects or
business purposes.
permitted to be used for
property not required for
6. Heavy Articles. Tenant shall not place in or move about the Premises without Landlord's prior
written consent any safe or other heavy article which in Landlord's reasonable opinion may damage the Premises,
and Landlord may designate the location of any such heavy articles in the Premises.
7. Bicvcles. Animals. Tenant shall not bring any animals or birds into the Retail Space, and shall not
permit bicycles or other vehicles inside or on the sidewalks outside the Retail Space except in areas designated
from time to time by Landlord for such purposes.
8. Deliveries. Tenant shall ensure that deliveries of supplies, fixtures, equipment, furnishings, wares,
and merchandise to the Premises are made through such entrances, elevators, and corridors and at such times
as may from time to time be designated by Landlord, and shall promptly pay or cause to be paid to Landlord the
cost of repairing any damage in the Retail Space caused by any person making improper deliveries.
9. Solicitations. Landlord reserves the right to restrict or prohibit canvassing, soliciting, or peddling in
the RetailSpace.
10. Food and Beveraqes. Only persons approved from time to time by Landlord may prepare, solicit
orders for, sell, serve, or distribute foods or beverages in the Retail Space, or use the common areas for any such
purpose. Except with Landlord's prior written consent and in accordance with arrangements approved by
Landlord, Tenant shall not permit on the Premises the use of equipment for dispensing food or beverages or for
the preparation, solicitation of orders for, sale, serving, or distribution of food or beverages.
11. Refuse. Tenant shall place all refuse in proper receptacles provided by Tenant at its expense in
the Premises or in receptacles (if any) provided by Landlord for the Retail Space, and shall keep sidewalks and
driveways outside the Retail Space, and lobbies, corridors, stairwells, ducts, and shafts of the Retail Space, free
of all refuse.
12. Obstructions. Tenant shall not obstruct or place anything in or on the sidewalks or driveways
outside the Retail Space or in the lobbies, corridors, stairwells, or other common areas, or use such locations for
880
any purpose except access to and exit from the Premises without Landlord's prior written consent. Landlord may
remove at Tenant's expense any such obstruction or thing caused or placed by Tenant (and unauthorized by
Landlord) without notice or obligation to Tenant.
13. Proper Conduct. Tenant shall not conduct itself in any manner which is inconsistent with the
character of the Retail Space as a first quality retail center or which will impair the comfort and convenience of
other Tenant's in the Retail Space.
14. Emplovees, Aoents, and lnvitees. ln these Rules and Regulations, "Tenant" includes
employees, agents, invitees, and licensees of Tenant and others permitted by Tenant to use or occupy
Premises.
15. Pest Control. ln order to maintain satisfactory and uniform pest control throughout the Retail
Space, Tenant shall engage for its own Premises and at its sole cost, a qualified pest extermination contractor
either designated or approved by Landlord, who shall perform pest control and extermination services in the
Premises at such intervals as reasonably required or as may be directed by Landlord.
the
the
881
EXHIBIT "D"
Prohibited Uses
1. ln no event may the primary business at the Premises be a cocktail lounge.
2. ln no event may the primary business at the Premises be the sale of clothing sold under the following
brand names: Dolce & Gabbana; Versace Jeans Couture; B.C.B.G.; Diesel; Replay; Polo Sport; Polo Jeans; and
Ralph Lauren; and shoes sold under the following brand names: Charles David, Calvin Klein; Kenneth Cole;
SoHo Shoes; Via Spiga; and Milano.
3. ln no event may the primary business at the Premises engage in the sale of custom or designer
jewelry.
4. ln no event may the primary business at the Premises engage in the sale of swimwear, beach attire or
related accessories.
5. ln no event may the primary business at the Premises be the sale of athletic and/or other types of
sporting footwear, retail apparel and related general merchandise.
882
EXHIBIT ''E"
Landlord's Signage Criteria
Tenant Sign Standards - 16th Street and Washington Avenue Frontages
Tenant signage is to be located in the 6'-0" wide transom panel above the entrance doors to each space.
One 15amp 1 1Ovolt AC electrical circuit has been provided at the designated sign location above the entrance
doors for illuminated tenant signage. The area of the sign shall not exceed twenty (20) square feet.
Three (3) tubular aluminum mounting rails are provided on the transom framing, in front of the glass line. The
tenant sign shall mount to the rails and shall be composed of individual letters, symbols, or decorative elements.
The individual letters are encouraged to be neon illuminated.
No box signs are allowed so as to maintain maximum transparency of the storefront line.
,\lounrhE raih
1
ELA/A'NON . TET.IANT O TRAT{SOi/I
SClt-E !/!ll r l'- C
T:\AGENDAU0IsUune\TCED\l555WashingtonAvenue-NewLeaseAgreemenlCubichel05(DRAFTLease 6-2-201s).docx
883
Receiving Door Signs
Each store shall have a sign identifying their receiving door, adjacent to the Iatch side of the their door.
Tenant shall provide acid etched aluminum panel with blind studs, silicone cemented to the wall at 5'-O"
above the finished floor. Tenant name copy shall be acid-etched and paint filled.
-/*.id
al:lrl.lct
l.
lGlLa tA'- r'.0t
TENANT NAME
C Ol PanrlL
T:IAGENDAUOIsUune\TCED\1555 Washington Avenue - New Lease Agreemer$Qubiche 105 (DRAFT Lease 6-2-20l S).docx
884
Exhibit F
885
l/lA,/",,1, i BTACH
PLANNING DEPARTMENT
Jimmy L. Morales, City Manager
Thomas R. Mooney, AIC
Planning Director
June 10.2015
Analysis of Proposed Lease Agreement between the tiami Beach
Redevelopment Agency and Gubiche r05 for suite nos. i-3 at the Anchor
Shops, located at {5SSWashington Avenue.
BACKGROUND
Section 82-fi of tfie Code of the City of Miami Beach requires that any proposed sate orlease of City-orrned Q{ be analyzed from a planning perspedive so that the City
Commission ard the public are fully apprised of att conditions relatirg to the proposed sale
or lease.
The proposal b to ex-egr{e a lease agreement between the Miami Beach Redevelopment
Agency (landlord) and Cubiche 105, LLC (tenant), for the use of suite nos. 1-3 at the Anchor
Shops, located at 1555 Washington Avenue. The proposed use for the suites is for a
restaurant. The following is an analysis based on the criteria detineated in the Code.
ANALYSIS
1- Whe0ter or not the proposed use b in keeping with city goals and objectives
and eonforms to0re city comprehensive plan.
Consietent - The futurc land use desQnation of the site is Parking (p). The
proposed use of the suiles is consistent with the Parking designation w[ich pennits
the following:
Wdng (P)
Purpse: to provde developnent oppofiunities for existing and new paking
facilities. Uses which may be permitted; Parking facilities and commercial
uses when l@atd on Mage opposite a tand use category that pemits
commedaluse-
The site is located on a frontage that is opposite of sites designated fediumlnbnsity Cornmercial Ga@ory (GD-2), which allons for co-mrnercial uses,
therefore commercial uses are allowed within the subject site.
COMMISSION MEMORANDUM
FROM:
DATE:
SUBJECT:
886
2.
Analysis of Proposed Lease Agreement for suite nos. 1-3 at the Anchor Shops
June 10,2015
Page 2 of 3
The impact on adjacent property, including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level or
enhanced property values, improved development patterns and provision of
necessary services. Based on the proposed use of the property, the city shall
determine the potential impact of the propct on city utilities and other
infrastructure needs and the magnitude of costs assocaated with needed
infrastructure improvements. Should it become apparent that further
evaluation of traffic impact is needed, the proponent shall be responsible for
obtaining a traflic impact analysis from a reputable traffic engineer.
Consistent - No negative impacts are anticipated by the proposal, as the use of the
property will not change, since the suites are cunently being leased to a restaurant
tenant. An additional concurency review will take place should the tenant require a
building permit for any modifications that they may be making to the space.
A determination as to whether or not the proposed use is in keeping with a
public purpose and community needs, such as erpanding the city's revenue
base, crcating jobs, creating a significant nevenue stream, and improving the
communig/s overall quality of life.
Consistent - This proposed use does keep with the public purpose and community
needs. The lease agreement expands the City's revenue base, the proposed
restaurant will generate jobs, and will encourage economic development along
Washington Avenue.
A determination as to whether or not the development is in keeping with the
surrounding neighborhood, will block views ot create environmental
intnrsions, and evaluation of the design and aesthetic considerations of the
proiect
Consistent - The sunounding neighborhood will not be negatively affected, as no
additional structures will be constructed as a result of this lease agreement. The
tenant will be located in an existing struc.ture.
The impact on adiacent properties, whether or not there is adequate parking,
street and inftastructurc needs.
Consistent - The impad on adjacent properties should be minimal. The suites are
located within a public parking garage; therefore there is adequate parking to serve
the business.
6. Such other iesues as the city manager or his authorized designee, who shall
be the cityrs planning director, may deem appropriate in analysis of the
proposed disposition.
Not applicable - The Planning Department has no other issues it deems
We ore cqnntlled to provtdng excelleol pubhc servce ond solely to oll who live, work, ond ploy n our wbronl, ltopicol, histonc community.
3.
1.
5.
887
Analysis d Propod Lease Agreement fq suite nos. 1-3 at the Anchor shops
June 10,2015
Page 3 of 3
appropriate to analyze for this propcal.
coilGLUStOil
The proposed use for the site is consistent wilh the Goals, Objedives, and Policies. The
use will generate no negative impacts for the sunoundirg area. The property would
continue to senre the public interest.
TRM'RAil
T:nGEMlAU015\!ure\TCED11555 Washington Auenue - New Lease Agreementus6s Washington Avenue - planning
Analrri$ (Cl()'rs).docx
We ore comnilled to pronding excellenl pubirc servtce ond sofet'y k: ol! who live work. ond pioy in ou vtbront. troptcol. histonc conmunily
888
RESOLUTION NO.
A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY (RDA), ACCEPTING THE
RECOMMENDATION OF THE CITY'S FINANCE AND CITYWIDE PROJECTS
COMMITTEE, ON FIRST READING OF THIS RESOLUTION, AND APPROVING,
BY 6/7TH VOTE, A LEASE AGREEMENT BETWEEN THE RDA (LANDLORD)
AND CUBICHE 105, LLC (TENANT), tN CONNECTTON W|TH THE USE OF SUTTE
NOS. 1.3 AT THE ANCHOR SHOPS, LOCATED AT 1555 WASHINGTON
AVENUE, MtAMt BEACH, FLORTDA (PREM!SES), FOR A TERM OF N|NE (9)
YEARS AND THREE HUNDRED AND SIXTY FOUR (364) DAYS FROM RENT
GoMMENCEMENT, WITH TWO (2) RENEWAL OPTIONS, FOR FIVE (5) YEARS
EACH; FURTHER WAIVING, By 5/7rH VOTE, THE COMPETITIVE BIDDING
REQUIREMENT tN SECTTON 82-39(A) OF THE CITY CODE, FTNDING SUCH
WAIVER TO BE !N THE BEST INTEREST OF THE CIW/RDA; REFERRING THE
PROPOSED LEASE TO THE PLANNING BOARD, FOR REVIEW AND
APPROVAL, AS REQUIRED PURSUANT TO SECTTON 1.03(BX4) OF THE CtTy
CHARTER, AND SETTING A PUBLIC HEARING, AS REQUIRED PURSUANT TO
sEcTtoN 82-37lAl(2) OF THE ClTy CODE, FOR SECOND (AND FINAL)
READING AND PUBLIC HEARING.
WHEREAS, the Miami Beach Redevelopment Agency (RDA) and BBQ Beach, lnc. (BBQ
Beach) were parties to a retail lease dated March 1, 2006, tor 6,217 square feet of restaurant
space, located at 1555 Washington Avenue, Suites 1-3, Miami Beach, Florida 33139 (Premises),
fora period of ten (10) years, commencing March 1,2006 and ending February 29,2016, with one
(1) renewal option for an additionalten (10) years; and
WHEREAS, on April 13,2015, the RDA and BBQ Beach entered into a Settlement Agreement
and Release whereby BBQ Beach agreed to various terms and conditions, including relinquishing
possession of the Premises, and payment arrangements for back rent for the period ending
February 28,2015, in the amount of $137,776.00; and
WHEREAS, the Administration secured a fair market rental appraisal and thereafter marketed
the Premises for lease, identified the entity now known as Cubiche 105, LLC (Tenant) as the most
qualified restaurant operator, and ultimately negotiated material terms and conditions for a new
lease agreement; and
WHEREAS, the Administration, through its Executive Director, submitted the agreed upon
terms and conditions to the Finance and Citywide Projects Committee (FCWPC) at its May 20,
2015 meeting, and the FCWPC recommended approving a new lease agreement with Tenant, for
a period of nine (9) years and three hundred and sixty four (364) days, with two (2) renewal
options, for five (5) years each, containing the following additional material business terms:
Basic Rental Rate: $60.00 per square foot, with three percent (3%) annual increases.
Operating Expenses: Estimated at $3.00 per square foot for 2015, subject to adjustment
annually, based upon actual expenses incurred by Landlord.
Basic Rental Rate
For RenewalTerm: Basic Rental Rate, and annual increases, will adjust to fair market
rate at the commencement of each renewal term.
Rent Gommencement: 210 days following lease execution.
889
Deposit:
Tenant lnvestment:
Gommission:
Rafael E. Granado, City Clerk
T:\AGENDAI20'l SUune\TCED\1 555 Washington Aven ue
'15).docx
$224,595 Letter of Credit (initially, subject to one month reduction
annually, but not less than three months rent), plus first and last
month's rent, all due upon lease execution.
$500,000 in hard construction costs
3o/o of the aggregate Annual Base Rent over the initial term of the
lease, in the amount of $147,127.43.
WHEREAS, pursuant to Section 1.03(bX4), of Article I of the City Charter, leases of City-
owned property, of ten (10) years or longer, including renewal options, require the approval by a
majority of 4l7lh vote of all members of the Planning Board, and 6/7th vote of all members of the
RDA; and
WHEREAS, pursuant to Section 82-38 of Article ll of the City Code, a planning analysis will be
required; and
WHEREAS, pursuant to Section 82-39(a) of Article ll of the City Code, an advertised public
bidding process, or the waiver of same by a 5/7th vote of the City Commission will be required;
and
WHEREAS, pursuant to Section 82-37(a)(2) of Article ll of the City Code, the approval of this
lease will require two readings, with the second reading to be a accompanied by a public hearing;
and
WHEREAS, the Administration recommends the approval of a new lease agreement
containing these business terms, subject to final review and approval by the City Attorney's Office,
substantially in the form attached hereto as Exhibit A.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRPERSON AND
MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, that the Chairperson and
Members of the Miami Beach Redevelopment Agency (RDA) hereby authorize the Chairperson
and Secretary to accept the recommendation of the City's Finance and Citywide Projects
Committee, on first reading of this resolution, and approve, by 6/7th vote, a lease agreement
between the RDA (Landlord) and Cubiche 105, LLC (Tenant), in connection with the use of Suite
Nos. 1-3 at the Anchor Shops, located at 1555 Washington Avenue, Miami Beach, Florida
(Premises), for a term of nine (9) years and three hundred and sixty four (364) days from rent
commencement, with two (2) renewal options, for five (5) years each; further waiving, by 5/7th vote,
the competitive bidding requirement in Section 82-39(a) of the City Code, finding such waiver to be
in the best interest of the City/RDA; referring the proposed lease to the Planning Board, for review
and approval, as required pursuant to Section 1.03(bX4) of the City Charter, and setting a public
hearing, as required pursuant to Section 82-37(a)(2) of the City Code, for second (and final)
reading and public hearing.
PASSED and ADOPTED this day of 2015.
ATTEST:
Philip Levine, Chairperson
New Lease Agreement\1555 Washington Avenue RESO (6-10-
'SE,fAXiRBt'lB'
CWAtlorney
890
LANDLORD:
TENANT:
DATE OF EXECUTION:
Miami Beach Redevelopment Agency, a public body
corporate and politic
1700 Convention Center Drive
Miami Beach, Florida 33139
Cubiche 105, LLC
501 Lincoln Road
Miami Beach, FL 33139
2015
ANC!.{OB SHOPS AT SOUTH BEACH, RETAIL LEASE
(i)
EXHIBlT
Anchor Shops Lease Agreement - Cubiche 105, LLC
891
LEASE SUMMARY
The following is a summary of basic lease provisions with respect to the Lease. lt is an integral part of
the Lease, and terms defined or dollar amounts specified in this Summary shall have the meanings or amounts as
stated, unless expanded upon in the text of the Lease and its Exhibits, which are attached to and made a part of
this Summary.
1. Date of Lease Execution:
2.
3.
"Landlord":
Landlord's Address:
2015.
Miami Beach Redevelopment Agency
Miami Beach Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Otfice of Real Estate
with a copy to:
City of Miami Beach
Miami Beach Redevelopment Agency
'1700 Convention Center Drive
lVllami'Beach, Florida 331 39
Attention: Legal Department
Cubiche 105, LLC4.
5.
6.
7.
Tenant's Address:
iii:,:,
"Ggfulsf':
QgarantglsAddress: t.'I
Premises (section 1 .1):
501 Lincoln Road
MiamiBeach, FL 33139
Cubiche 105, LLC
501 Lincoln Road ,,r.:,
Miami Beach, FL 33139
1555 Washington Avenue, Suites 1-3
Miami Beach, FL 33139
As shown on Exhibit "B"
Approximately 7,130 square feet.
Approximately 20,500 rentable square feet
34.78o/o
Premises shall be used as a fine dining restaurant (and
subject to the prohibited uses described in Exhibit "D" to
the Lease).
9.
10.
11.
12
Gross Rentable Area of
Premises (section 1. 1 ):
Gross Rentable Area of
Retail Space (section 1 .1):
Tenant's Proportionate
Share (section 2.4):
Permitted Use of
Premises (section 3. 1 ):
(ii)
Anchor Shops Lease Agreemont - Cubiche '105, LLC
892
14.
13. Term of Lease (section 1 .1):
Rent Date -
next succeeding twelve months,rl
15. Percentaqe Rental (section 2.3):
16. Preoaid Rent (section 2.2):
17. Security Deposit (section 2.7):
The lnitial Lease Term shall commence on the date the
Lease is fully executed by Landlord and Tenant, as
contained on Page 1 of the Lease, ("Lease
Commencement Date") and shall end nine (9) years and
three hundred and sixty four (364) days following the
Rent Commencement Date, as defined below ("Lease
Expiration Date").
"Rent Commencement Date": The date Tenant's Work is
completed or two hundred and ten (210) days following
the Lease Commencement Date, whichever occurs
sooner. ln addition, the rent abatement period will not
begin until the Landlord has completed the replacement
of the exterior windows located at the historic, north
section of the Premises.
"Renewal Options": Two (2) renewal options for five (5)
years each, after the Lease Expiration,Date,,Of,, the,,j ntial
Lease Term. Tenapt,,,must notfu tandlodlin writing, no
labr: than one hundF-d'ana eigntr'(180i days pr'ror to
Lease Expiration Date of its intention of exercising the
Renewal Option(s). The Minimum Rent and annual
increases shall be adjusted to the then current fair
rrarket fate for eachrfenewal period.
MONTHLY PAYMENT
(PLUS SALES TA)()
.,irrti,rrr,
$35,650.00 ri'.:::"
N/A
$91,731.27 (plus applicable sales tax) due upon
execution of Lease; to be applied to first and last full
month's Minimum Rent due.
Tenant shall provide an irrevocable Letter of Credit, from
a bank acceptable to the Landlord, equal to the first six
month's gross rent (i.e. Minimum Rent and Cost Pass-
Throughs), in the amount of $224,595.00, upon lease
execution. After the first year of rent payments the
Security Deposit shall be reduced to an amount equal to
the first five month's gross rent. Each year thereafter (for
the next two years), the Security Deposit amount will
decrease by the equivalent of one month's rent. For the
remainder of the Lease Term a security deposit equal to
three (3) month's rent shall remain in the custody of
,,i'Minimum Rent'(s :
ffi,.",,,"' '':::::ANNUAL MlNrMUrU.RHNr
.:::. ,:l.lll,.l. '1"
,,,,,,, $4211600.00
'i"'C'ommahcing on the first anniversary of the Rent Commencement Date, and at the beginning of each
succeeding year thereafter during the Term of the Lease, the Minimum Rent shall be increased annually in
increments of three (3%) annually.
Anchor Shops Lease Agreement - Cubiche 105, LLC
(iii)893
18.
Landlord to guarantee the Tenant's performance under
the lease.
Cost Pass-Throughs (CAM) (section 2.4): Proportionate share of Property Taxes, Maintenance and
lnsurance on the Anchor Shops and Parking Garage.
LEASE YEAR
coMMoN AREA MATNTENANCE (CAM)
COST PER SQUARE FOOT-
$3.00
See Note (*)
$2,000,000.00
,,.:,l:::,'
i
,. ,
N/A
MONTHLY / ANNUAL
PAYMENT
$1,782.50 / $21,390.00
See Note (*)
1
2-3
Note (.) Beginning on June 1, and at the beginning of each succeeding Lease Year thereafter during the Term of
the Lease, the CAM rate shall be adjusted to reflect the actual pro-rata share of property tax, Maintenance and
insurance costs incurred by the Landlord during the previous calendar year.
19.
20.
21.
22.
23.
Monthly Promotional Charge
(section 13.1):
,r8ibke(s) (section 14. 12):Koniverr Stern Group represents the Tenant exclusively
in this transaction
r. .. . i i.
N/A ' I rrr
Cubiche 105
Anchor Shops Lease Agreement - Cubiche 105, LLC
(iv)894
THlSLEASE(the,.Lease''),datedthe-dayof-,2015,ismadebetweenthe
Miami Beach RedevelopmentAgency, a public body corporate and politic (the "Landlord"), and Cubiche 105, LLC
a Florida limited liability corporation (the "Tenant").
RECITALS:
A. The Landlord is the fee simple owner of a certain facility (the "Facility") containing a
municipal parking garage and appurtenances containing approximately eight hundred (800) parking spaces
(the "Garage") and certain retail space (the "Retail Space") located in an area bounded by Washington and Collins
Avenues in the proximity of 16th Street, City of Miami Beach, Metropolitan Dade County, Florida, as more particularly
described in Exhibit "A," attached hereto and made a part hereof (the "Land"). The Landlord is the fee simple owner
of the Land and the Facility.
B. Landlord and Tenant desire to enter into this Lease for a portion of the Retail Space, on
the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant
hereby agree as follows:
ARTICLE I. TERM.
1.1 Grant: Term. ln consideration of the performance by Tenant of its obligations under this Lease,
Landlord leases to Tenant, and Tenant leases from Landlord, for the Term, the "Premises." A site plan showing
the location of the Retail Space within the Facility, as well as the location of the Premises within the Retail Space,
is attached hereto and made a part hereof as Exhibit "B." The gross rentable area of the Premises and Retail
Space shown on the Lease Summary do not represent accurate measurements of the square footage contained
in the Premises or the Retail Space, but are mere estimates.
The "Term" of the Lease is the period from the Commencement Date as specified in the Lease
Summary, through the Expiration Date, as specified in the Lease Summary.
1.2. Landlord's Work. Tenant acknowledges and agrees that it is accepting possession of the
Premises in as-is condition and that, except as otherwise expressly hereinafter set forth, Landlord has no
obligation to furnish, render, or supply any money, work, labor, material, fixture, equipment, or decoration with
respect to the Premises. Notwithstanding the foregoing, Landlord shall replace the exterior windows located at
the historic, north section of the Premises. Furthermore, Landlord shall perform waterproofing and painting to
portions of the exterior of the Facility.
ARTICLE II. RENT.
2.1 Covenant to Pay. Tenant shall pay to Landlord all sums due hereunder from time to time from the
Rent Commencement Date without prior demand, together with all applicable Florida sales tax thereon; however,
unless otherwise provided in this Lease, payments other than Tenant's regular monthly payments of Minimum
Rent shall be payable by Tenant to Landlord within ten (10) days following written demand. All rent or other
charges that are required to be paid by Tenant to Landlord shall be payable at Landlord's address indicated on
the Lease Summary. Minimum Rent and additional rent (which is all sums payable to Landlord other than
Minimum Rent) for any "Lease Year" consisting of less than twelve (12) months shall be prorated on a per diem
basis, based upon a period of 365 days. "Lease Year" means the twelve (12) full calendar months commencing
on the Commencement Date. However, the final Lease Year may contain less than twelve (12) months due to
expiration or sooner termination of the Term. Tenant agrees that its covenant to pay rent and all other sums under
this Lease is an independent covenant and that all such amounts are payable without counterclaim, set-off,
deduction, abatement, or reduction whatsoever, except as expressly provided for in this Lease.
2.2 Minimum Rent. Subject to any escalation which may be provided for in this Lease, Tenant shall
pay Minimum Rent for the Term in the initial amount specified in the Lease Summary, which, except for the first
895
and last installment, shall be payable throughout the Term in equal monthly installments in advance on the first
day of each calendar month of each year of the Term, such monthly installments to be in the amounts (subject to
escalation) specified in the Lease Summary. The first and last monthly installments of Minimum Rent shall be
due on the date of this Lease. The Minimum Rent described above shall be adjusted during the Term of this
Lease as provided in the Lease Summary.
2.3. PercentageRental. lntentionallyOmitted.
2.4 Operatino Costs: Taxes. Tenant shall remit together with regular monthly payments of Minimum
Rent, its proportionate share of Common Area Maintenance (CAM) payments as determined in Section 18 of the
Lease Summary.
2.5 Payment of Personal Prooerty Taxes: Sales Tax Reoorts. Tenant shall pay, when due, all taxes
attributable to the personal property, trade fixtures, business, occupancy, or sales of Tenant or any other
occupant of the Premises and to the use of the Retail Space by Tenant or such other occupant. Tenant shall
provide Landlord with copies of Tenant's sales tax reports provided to the State of Florida, as and when such
reports are provided to the State. Landlord shall have the right to disclose such reports to any person or entity
having an interest or prospective interest in the Retail Space.
2.6 Rent Past Due. lf any payment due from Tenant shall be overdue more than five (5) business
days, a late charge of five (5%) percent of the delinquent sum may be charged by Landlord. lf any payment due
from Tenant shall remain overdue for more than fifteen (15) days, an additional late charge in an amount equal to
the lesser of the highest rate permitted by law or one and one-half (1 1l2o/o) percent per month (eighteen (18%)
percent per annum) of the delinquent amount may be charged by Landlord, such charge to be computed for the
entire period for which the amount is overdue and which shall be in addition to and not in lieu of the five (5%)
percent late charge or any other remedy available to Landlord.
2.7 Security Deposit. Landlord acknowledges receipt of a security deposit in the amount specified on
the Lease Summary to be held by Landlord, without any liability for interest thereon, as security for the
performance by Tenant of all its obligations under this Lease. Landlord shall be entitled to commingle the security
deposit with Landlord's other funds. lf Tenant defaults in any of its obligations under this Lease, Landlord may at
its option, but without prejudice to any other rights which Landlord may have, apply all or part of the security
deposit to compensate Landlord for any loss, damage, or expense sustained by Landlord as a result of such
default. lf all or any part of the security deposit is so applied, Tenant shall restore the security deposit to its
original amount on demand of Landlord. Subject to the provisions of section 2.4, within thirty (30) days following
termination of this Lease, if Tenant is not then in default, the security deposit will be returned by Landlord to
Tenant.
Notwithstanding the foregoing, for purposes of the security deposit described in the Lease Summary and
the above paragraph, Tenant, at its option, shall have the right to post an irrevocable, unconditional, and
transferable Letter of Credit, which Letter of Credit shall comply with the provisions of Exhibit"2.7," attached
hereto and made a part hereof. lf Tenant delivers the Letter of Credit to Landlord, then Landlord will return the
cash security deposit promptly after Landlord's receipt of the Letter of Credit.
2.8 Landlord's Lien. To secure the timely construction and installation of all improvements to the
Premises by tenant and to secure the payment of all rent and other sums of money due and to become due
hereunder and the faithful performance of this Lease by Tenant, Tenant hereby gives to Landlord an express first
and prior contract lien and security interest on all property now or hereafter acquired (including fixtures,
equipment, chattels, and merchandise) which may be placed in the Premises and also upon all proceeds of any
insurance which may accrue to Tenant by reason of destruction of or damage to any such property. Such
property shall not be removed therefrom without the written consent of Landlord until all arrearages in rental and
other sums of money then due to Landlord hereunder shall first have been paid; provided, Tenant may operate its
business in the ordinary course and the removal of merchandise from the Premises by customers of Tenant shall
not be a default under this section. All exemption laws are hereby waived in favor of said lien and security
interest. This lien and security interest is given in addition to Landlord's statutory lien and shall be cumulative
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thereto. Landlord shall, in addition to all of its rights hereunder, also have all of the rights and remedies of a
secured party under the Uniform Commercial Code as adopted in the State in which the Premises is located. To
the extent permitted by law, this Lease shall constitute a security agreement under Article 9 of the Florida Uniform
CommercialCode.
ARTICLE III. USE OF PREMISES.
3.1 Permitted Use. The Premises shall be used and occupied only as a fine dining restaurant, as
specified in the Lease Summary. The business of Tenant in the Premises shall be carried on under the name
specified in the Lease Summary and under no other name unless approved by Landlord in writing. Tenant shall
carry on its business on the Premises in a reputable manner and shall not do, omit, permit, or suffer to be done or
exist upon the Premises anything which shall result in a nuisance, hazard, or bring about a breach of any
provision of this Lease or any applicable municipal or other governmental law or regulation, or would otherwise be
inconsistent with a first-class retail center or incompatible with retail uses ancillary to a first-class convention
center hotel. Tenant shall observe all reasonable rules and regulations established by Landlord from time to time
for the Retail Space. The rules and regulations in etfect as of the date hereof are attached to and made a part of
this Lease as Exhibit "C." Landlord will provide a copy of any amendments to the rules and regulations at least
seven (7) days prior to the effective date of any such amendments. Tenant shall display such name as Landlord
may from time to time designate for the Retail Space in its stationery used upon the Premises, and in material
which is given, visible, or available to customers of Tenant. Tenant shall promote such name in any
advertisements or promotional material published or initiated by Tenant in regard to its business from the
Premises. The names for the Retail Space and the project of which the Retail Space is a part, which Landlord
may from time to time adopt, and every name or mark adopted by Landlord in connection with the Retail Space
shall be used by Tenant only in association with the business carried on in the Premises during the Term and
Tenant's use thereof shall be subject to such reasonable regulation as Landlord may from time to time impose.
3.2 Compliance with Laws. The Premises shall be used and occupied in a safe, careful, and proper
manner so as not to contravene any present or future laws, rules, regulations, constitutions, orders, ordinances,
charters, statutes, codes, executive orders, and requirements of all governmental authorities having jurisdiction over
the Premises or any street, road, avenue, or sidewalk comprising a part of, or lying in front of, the Premises or any
vault in or under the Premises (including, without limitation, any of the foregoing relating to handicapped access or
parking, the local building codes, and the laws, rules, regulations, orders, ordinances, statutes, codes, and
requirements of any applicable Fire Rating Bureau or other body exercising similar functions), the temporary and/or
permanent certificate or certificates of occupancy issued for the Premises as then in force, and any and all provisions
and requirements of any property, casualty, or other insurance policy required to be carried by Tenant under this
Lease. lf due to Tenant's use of the Premises repairs, improvements, or alterations are necessary to comply with
any of the foregoing, Tenant shall pay the entire cost thereof.
3.3 Siqns. Tenant, at Tenant's expense, shall erect and maintain identification signage upon the
storefront of the Premises. The design and specification of such signage shall be subject to Landlord's sign
criteria as adopted from time to time and such design and specification (including camera-ready artwork) shall be
submitted for Landlord's prior approval. Except with the prior written consent of Landlord, Tenant shall not erect,
install, display, inscribe, paint, or affix any signs, lettering, or advertising medium upon or above any exterior
portion of the Premises or in or on Tenant's storefront or storefront window. Landlord's signage criteria is attached
hereto and made a part hereof as Exhibit "E."
3.4 Environmental Provisions.
(a) Tenant shall not knowingly incorporate into, use, or othenrise place or dispose of at the
Premises or in the Retail Space (or allow others to incorporate into, use, or otherwise place or dispose of at the
Premises or in the Retail Space) any Hazardous Materials, as hereinafter defined, unless (i) such Hazardous
Materials are for use in the ordinary course of business (i.e., as with office or cleaning supplies), (ii) notice of and
a copy of the current material safety data sheet is provided to Landlord for each such Hazardous Material (except
for Hazardous Materials used by Tenant in the ordinary course of business (i.e., as with office or cleaning
supplies)), and (iii) such materials are handled and disposed of in accordance with all applicable governmental
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laws, rules, and regulations. lf Landlord or Tenant ever has knowledge of the presence in the Premises or the
Retail Space of Hazardous Materials which affect the Premises, such party shall notify the other thereof in writing
promptly after obtaining such knowledge. For purposes of this Lease, "Hazardous Materials" shall mean:
(a) petroleum and its constituents; (b) radon gas, asbestos in any form which is or could become friable, urea
formaldehyde foam insulation, transformers or other equipment which contain dielectric fluid containing levels of
polychlorinated biphenyls in excess of federal, state or local safety guidelines, whichever are more stringent; (c)any
substance, gas, material or chemical which is or may hereafter be defined as or included in the definition of
"hazardous substances," "hazardoL.rs materials," "hazardous wastes," "pollutants or contaminants," "solid wastes," or
words of similar import under any applicable governmental laws, rules, and regulations including, but not limited to,
the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. S 9061 et
seq.; the Hazardous Materials Transportation Act, as amended, 49 U.S.C. S 1801, et seq.; the Resource
Conservation and Recovery Act, as amended, 42 U.S.C. S 6901, et seq.; the Federal Water Pollution Control Act, as
amended, 33 U.S.C. S 1251, et seq.; and Florida Statutes, Chapters 376 and 403; and (d)any other chemical,
material, gas, or substance, the exposure to or release of which is regulated by any governmental or
quasi-governmental entity having jurisdiction over the Retail Space or the operations thereon.
(b) lf Tenant or its employees, agents, or contractors shall ever violate the provisions of
subsection (a), above, then Tenant shall clean-up, remove, and dispose of the Hazardous Material causing the
violation, in compliance with all applicable governmental standards, laws, rules, and regulations and repair any
damage to the Premises or Retail Space within such period of time as may be reasonable under the
circumstances after written notice by Landlord, provided that such work shall commence not later than thirty (30)
days from such notice and be diligently and continuously carried to completion by Tenant or Tenant's designated
contractors. Tenant shall notify Landlord of its method, time, and procedure for any clean-up or removal of
Hazardous Materials under this provision; and Landlord shall have the right to require reasonable changes in
such method, time, or procedure or to require the same to be done after normal business hours or when the
Retail Space is othenrvise closed (i.e., holidays) if reasonably required for the protection of other tenants or
occupants of the Retail Space.
(c) Tenant agrees to defend, indemnify, and hold harmless Landlord, and the City of Miami
Beach (the "City") against any and all claims, costs, expenses, damages, liability, and the like, which Landlord
may hereafter be liable for, suffer, incur, or pay arising under any applicable environmental laws, rules, and
regulations and resulting from or arising out of any breach of the covenants contained in this section 3.4, or out of
any act, activity, or violation of any applicable environmental laws, rules, and regulations on the part of Tenant, its
agents, employees, or assigns. Tenant's liability under this section 3.4 shall survive the expiration or any
termination of this Lease.
3.5 Hours: Continued Occupancy. During the Term, Tenant shall conduct its business in the
Premises, at a minimum, on all days and during all hours established by Landlord from time to time as store hours
for the Retail Space. Tenant may conduct business on the Premises, in addition to the foregoing times, in
Tenant's reasonable judgment in order to maximize sales from the Premises, at Tenant's sole expense.
However, Landlord shall not be responsible for providing common area or other services during such additional
hours. Tenant shall open the whole of the Premises for business to the public, fully fixtured, stocked, and staffed
within 60 days of the Completion Date set forth in item 22 of the Lease Summary, and shall continuously, actively,
and diligently carry on the business specified in section 3.1 on the whole of the Premises during the Term, during
such hours and upon such days as are herein required, except when prevented from doing so by force majeure.
Tenant acknowledges that its continued occupancy of the Premises and the regular conduct of its business
therein are of utmost importance to neighboring tenants and to Landlord in the renting of space in the Retail
Space, the renewal of other leases therein, the efficient and economic supply of services and utilities. Tenant
acknowledges that Landlord is executing this Lease in reliance thereupon and that the same is a material element
inducing Landlord to execute this Lease. Tenant shall not keep or display any merchandise on or othenrise
obstruct the common areas and shall not sell, advertise, conduct, or solicit business anywhere within the Retail
Space other than in the Premises. Tenant shall ship and receive supplies, fixtures, equipment, furnishings, wares,
and merchandise only through the appropriate service and delivery facilities provided by Landlord; and shall not
park its trucks or other delivery vehicles or allow suppliers or others making deliveries to or receiving shipments
from the Premises to park in the parking areas, except in those parts thereof as may from time to time be
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allocated by Landlord for such purpose. Tenant shall maintain available a substantial stock of goods, wares, and
merchandise adequate to ensure successful operation of Tenant's business, and shall employ and maintain sales
and other personnel sufficient at alltimes for proper service to customers.
3.6 Prohibited Uses. Notwithstanding any other provisions of this Lease, Tenant shall not use the
Premises nor permit them to be used for any of the following purposes: (A) for the sale by Tenant, as its principal
business purpose, of any merchandise which Tenant, in the course of its normal business practice, purchases at
manufacturers' clearances or purchases of ends-of-runs, bankruptcy stock, seconds, or other similar
merchandise; (B) for the sale of second-hand goods, war surplus articles, insurance salvage stock, fire sale stock,
merchandise damaged by or held out to be damaged by fire, except merchandise damaged by fire or smoke
occurring in the Retail Space, and then only for thirty (30) days after the date of any such damage; (C) as an
auction or flea market; (D) for a bankruptcy sale or going-out-of-business sale or liquidation sale or any similar
sale, unless Tenant is in fact in bankruptcy or is going out of business or is in liquidation, in which case such sale
shall not continue beyond thirty (30) days; (E) a business primarily used for an order office, mail order office, or
catalogue store; or (F) any business in which Tenant is engaged in intentionally deceptive or fraudulent
advertising or selling practices or any other act or business practice contrary to honest retail practices.
3.7 lntentionaly Omitted.
3.8 Exclusive Use. So long as Tenant is in actual occupancy of the Premises and using the
Premises for the permitted use set forth in the Lease Summary, Landlord agrees not to enter into any leases for
space in the Retail Space with persons or entities whose primary business at the Retail Space would be the sale
of athletic and/or other types of sporting footwear, retail apparel and related general merchandise.
ARTICLE IV. ACCESS AND ENTRY.
4.1 Right of Examination. Landlord shall be entitled at all reasonable times and upon reasonable
written notice, not less than 24 hours (but no notice is required in emergencies) to enter the Premises to examine
them if Landlord reasonably believes that Tenant is not complying with any of its obligations hereunder; to make
such repairs, alterations, or improvements thereto as Landlord considers necessary or reasonably desirable; to
have access to underfloor facilities and access panels to mechanical shafts and to check, calibrate, adjust, and
balance controls and other parts of the heating, air conditioning, ventilating, and climate control systems. Landlord
reserves to itself (and others acting on behalf of Landlord including, without limitation, the City) the right to install,
maintain, use, and repair pipes, ducts, conduits, vents, wires, and other installations leading in, through, over, or
under the Premises and for this purpose, Landlord may take all material into and upon the Premises which is
required therefor. Tenant shall not unduly obstruct any pipes, conduits, or mechanical or other electrical
equipment so as to prevent reasonable access thereto. Landlord reserves the right to use all exterior walls and
roof area. Landlord shall exercise its rights under this section, to the extent possible in the circumstances, in such
manner so as to minimize interference with Tenant's use and enjoyment of the Premises and Tenant's property.
4.2 Right to Show Premises. Landlord and its agents have the right to enter the Premises at all
reasonable times and upon reasonable written notice not less lhan 24 hours to show them to prospective
purchasers, lenders, or anyone having a prospective interest in the Retail Space, and, during the last six (6)
months of the Term (or the last six (6) months of any renewal term if this Lease is renewed), to show them to
prospective tenants. Landlord shall exercise its rights under this section, to the extent possible in the
circumstances, in such manner so as to minimize interference with Tenant's use and enjoyment of the Premises
and Tenant's property.
ARTICLE V. lNlTlAL CONSTRUCTION: MAINTENANCE. REPAIRS. AND ALTERATIONS.
5.1 . Tenant's Construction Obliqations.
(a) Subject to the provisions hereof, Tenant shall, at its expense, cause the construction and
installation of all improvements to the Premises in accordance with Tenant's Plans, as hereinafter defined, and as
necessary to permit Tenant to occupy same and conduct normal business operations (such improvements being
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referred to herein as ("Tenant's Work"). The plans for such improvements shall be submitted to the Landlord for
the Landlord's prior written consent, which will not be unreasonably withheld or delayed. Tenant covenants and
agrees that it will invest, or cause to be invested, no less than $500,000 in hard construction costs on/to the
Premises to insure that a first class restaurant is constructed.
(b) All permanent (fixed) improvements to the Premises shall remain the property of the Landlord
upon terminatton of the Lease. Upon the lawful termination of the Lease, all personal property and trade fixtures
may be removed by the Tenant from the Premises without damage to the Premises.
(c) Any damage to the existing finishes of the Retail Space shall be patched and repaired by Tenant,
at its expense, and all such work shall be done to Landlord's satisfaction. lf any patched and painted area does
not match the original surface, then the entire surface shall be repainted at Tenant's expense. Tenant agrees to
indemnify and hold harmless Landlord, its agents, and employees from and against any and all costs, expenses,
damage, loss, or liability, including, but not limited to, reasonable attorneys' fees and costs, which arise out of, is
occasioned by, or is in any way attributable to the build-out of the Premises or any subsequent improvements or
alterations by Tenant pursuant to this Lease. Tenant, at its expense, shall be responsible for the maintenance,
repair, and replacement of any and all items constructed by Tenant's contractor.
(d) Tenant shall not alter the existing fire alarm system in the Premises or the Retail Space. Tenant's
Plans shall include detailed drawings and specifications for the design and installation of Tenant's fire alarm (and
security) system(s) for the Premises. Such system(s) shall meet all appropriate building code requirements, and
the fire alarm system shall, at Tenant's expense, be integrated into Landlord's fire alarm system for the Retail
Space. (Landlord is not required to provide any security system.) Landlord's electrical contractor and/or fire alarm
contractor shall, at Tenant's expense, make all final connections between Tenant's and Landlord's fire alarm
systems. Tenant shall insure that all work performed on the fire alarm system shall be coordinated at the job site
with the Landlord's representative.
(e) Tenant will permit no liens to attach to the Premises arising from, connected with or related to the
construction of the improvements. Moreover, such construction shall be accomplished through the use of
licensed, reputable contractors who are acceptable to Landlord. Any and all permits and or licenses required for
the installation of improvements shall be the sole responsibility of Tenant.
(f) The above requirements for submission of plans and the use of specific contractors shall not
apply to improvements, maintenance or repairs which do not exceed $20,000.00, provided that the work is not
structural, and provided that it is permitted by applicable law.
(g) Landlord acknowledges that the Current Tenant has made improvements and had signage
installed prior to the execution of this Lease Agreement, and as such, said improvements and signage are
acceptable to Landlord, to the extent that same were properly permitted, and done in compliance with all
applicable building codes, and any other Municipal, County, State and Federal laws.
5.1.1. Tenant's Construction Escrow and Guaranties. Following Lease execution, and issuance by the
City of Tenant's full building permit, and prior to commencement of construction, Tenant shall execute a work
letter and escrow agreement, including a cash deposit, in the amount of the cost of the work (as such amount is
set forth in the construction contract between Tenant and its General Contractor) for the build-out of the Premises
for the intended Use, which will be deposited into Tenant's attorney's escrow account to guarantee the diligent
and timely prosecution of construction. At its sole discretion, the City may also require that Tenant's General
Contractor (G C.) furnish the City with a Construction Completion Guaranty, and/or require Tenant's G.C. to
furnish a Payment and Performance Bond (in a form reasonably acceptable to and approved by the City),
guaranteeing the performance of the G.C. under the construction contract. The City shall be named as a dual
obligee under such Bond. Additionally, Tenant shall be required to purchase Builder's Risk insurance coverage.
5.2 Maintenance and Reoairs bv Landlord. lt is hereby acknowledged and agreed that Landlord shall
maintain and repair certain portions of the Retail Space as delineated in Exhibit "F" hereto. Tenant will notify in
writing of any necessary repairs that are the obligation of Landlord. Landlord shall not be responsible for any
900
damages caused to Tenant by reason of failure of any equipment or facilities serving the Retail Space or delays in
the performance of any work for which the Landlord is responsible to perform pursuant to this Lease.
Notwithstanding any other provisions of this Lease, if any part of the Retail Space is damaged or destroyed or
requires repair, replacement, or alteration as a result of the act or omission of Tenant, its employees, agents,
invitees, licensees, or contractors, Landlord shall have the right to perform same and the cost of such repairs,
replacement, or alterations shall be paid by Tenant to Landlord upon demand. ln addition, if, in an emergency, it
shall become necessary to make promptly any repairs or replacements required to be made by Tenant, Landlord
may re-enter the Premises and proceed forthwith to have the repairs or replacements made and pay the costs
thereof. Upon demand, Tenant shall reimburse Landlord for the cost of making the repairs. Landlord shall
exercise its rights under this section in a manner so as to minimize any disruption or interference with the
operation of Tenant's business and property.
5.3 Maintenance and Repairs bv Tenant. Tenant shall, at its sole cost, repair and maintain the
Premises, all to a standard consistent with a first class retail center, with the exception of base building,
mechanical and electrical systems, roof and foundation, which are the obligation of the Agency Landlord pursuant
to this Lease. Without limiting the generality of the foregoing, Tenant is specifically required to maintain and make
repairs to (i) the portion of any pipes, lines, ducts, wires, or conduits contained within the Premises; (ii) windows,
plate glass, doors, and any fixtures or appurtenances composed of glass (including, without limitation, interior and
exterior washing of windows and plate glass and the installation of hurricane shutters as provided by the
Landlord); (iii) Tenant's sign; (iv) any heating or air conditioning equipment serving the Premises ("HVAC") (which
shall include, without limitation, a preventive maintenance HVAC service contract. Such service contract shall
include, without limitation, preventive HVAC maintenance no less than quarterly); and (v)the Premises or the
Retail Space when repairs to the same are necessitated by any act or omission of Tenant, or the failure of Tenant
to perform its obligations under this Lease. All repair and maintenance performed by Tenant in the Premises shall
be performed by contractors or workmen designated or approved by Landlord, which approval shall not be
unreasonably withheld or delayed. At the expiration or earlier termination of the Term, Tenant shall surrender the
Premises to Landlord in as good condition and repair as Tenant is required to maintain the Premises throughout
the Term, reasonable wear and tear excepted. Tenant shall also furnish, maintain, and replace all electric light
bulbs, tubes, and tube casings located within or serving the Premises and Tenant's signage, all at Tenant's sole
cost and expense.
5.4 Approval of Tenant's Alterations. Unless otherwise provided herein, No alterations (including,
without limitation, improvements, additions, or modifications to the Premises) shall be made by Tenant to the
Premises without Landlord's prior written approval, which, as to exterior or structural alterations may be withheld
in Landlord's sole discretion. Any alterations by Tenant shall be performed at the sole cost of Tenant, by
contractors and workmen approved by Landlord, which approval shall not be unreasonably withheld or delayed, in
a good and workmanlike manner, and in accordance with all applicable laws and regulations.
5.5 Removal of lmprovements and Fixtures. All leasehold improvements and fixtures (other than
unattached, movable trade fixtures which can be removed without damage to the Premises) shall at the expiration
or earlier termination of this Lease become Landlord's property. Tenant may, during the Term, in the usual course
of its business, remove its trade fixtures, provided that Tenant is not in default under this Lease; and Tenant shall,
at the expiration or earlier termination of the Term, at its sole cost, remove such of the leasehold improvements
(except for improvements installed by Landlord prior to the Commencement Date) and trade fixtures in the
Premises as Landlord shall require to be removed and restore the Premises to the condition existing prior to such
removal. Tenant shall at its own expense repair any damage caused to the Retail Space by such removal. lf
Tenant does not remove its trade fixtures at the expiration or earlier termination of the Term, the trade fixtures
shall, at the option of Landlord, become the property of Landlord and may be removed from the Premises and
sold or disposed of by Landlord in such manner as it deems advisable without any accounting to Tenant.
5.6 Liens. Tenant shall promptly pay for all materials supplied and work done in respect of the
Premises by, through, or under Tenant so as to ensure that no lien is recorded against any portion of the Retail
Space or against Landlord's or Tenant's interest therein. If a lien is so recorded, Tenant shall discharge it
promptly by payment or bonding. lf any such lien against the Retail Space or Landlord's interest therein is
recorded and not discharged by Tenant as above required within fifteen (15) days following written notice to
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Tenant, Landlord shall have the right to remove such lien by bonding or payment and the cost thereof shall be
paid impediately from Tenant to Landlord. Landlord and Tenant expressly agree and acknowledge that no
interest of Landlord in the Premises or the Retail Space shall be subject to any lien for improvements made by
Tenant in or for the Premises, and Landlord shall not be liable for any lien for any improvements made by Tenant,
such liability being expressly prohibited by the terms of this Lease. ln accordance with applicable laws of the
State of Florida, Landlord has filed in the public records of Dade County, Florida, a public notice containing a true
and correct copy of this paragraph, and Tenant hereby agrees to inform all contractors and material suppliers
performing work in or for or supplying materials to the Premises of the existence of said notice.
5.7 Utilities. Tenant shall pay to Landlord, or as Landlord directs, all gas, electricity, water, and other
utility charges applicable to the Premises as separately metered. Tenant shall, at its own cost, install, maintain
and repair, as required, its electrical meter for the Premises. ln addition, Tenant's electrical equipment and
lighting shall be restricted to that equipment and lighting which individually does not have a rated capacity and/or
design load greater than the rated capacity and/or design load of the Retail Space. lf Tenant's consumption of
electrical services exceeds either the rated capacity and/or design load of the Retail Space, then Tenant shall
remove the equipment and/or lighting to achieve compliance within ten (10) days after receiving written notice
from Landlord, or such equipment and/or lighting may remain in the Premises, so long as (a) Tenant shall pay for
all costs of installation and maintenance of submeters, wiring, air-conditioning, and other items required by
Landlord, in Landlord's reasonable discretion, to accommodate Tenant's excess design loads and capacities; and
(b) Tenant shall pay to Landlord, within thirty (30) days after rendition of a bill, the cost of the excess consumption
of electrical service at the rates charged to Landlord by Florida Power & Light, which shall be in accordance with
any applicable laws.
ARTICLE VI. INSURANCE AND INDEMNITY.
6.1 Tenant's lnsurance. Tenant shall, throughout the Term (and any other period when Tenant is in
possession of the Premises), maintain at its sole cost the following insurance:
(A) All risks property insurance, containing a waiver of subrogation rights which Tenant's
insurers may have against Landlord and against those for whom Landlord is in law responsible including, without
limitation, its directors, officers, agents, and employees, and (except with respect to Tenant's chattels)
incorporating a standard New York mortgagee endorsement (without contribution). Such insurance shall insure
property of every kind owned by Tenant in an amount not less than the full replacement cost thereof (new), with
such cost to be adjusted no less than annually. Such policy shall include as additional insureds Landlord and its
affiliates and any mortgagee of Landlord, the City, and any mortgagee of the Landlord in connection with a mortgage
on the Facility.
(B) Comprehensive general liability insurance. Such policy shall contain inclusive limits per
occurrence of not less than the amount specified in the Lease Summary; provide for severability of interests; and
include as additional insureds Landlord and its affiliates and any mortgagee of Landlord, the City, and any
mortgagee of Landlord in connection with a mortgage on the Facility.
(C) Worker's compensation and employer's liability insurance in compliance with applicable
legal requirements.
(D) Business interruption insurance, sufficient to insure Tenant for no less than one(1) full
year of loss of business, with the Landlord named thereon as loss payee to the extent permitted by applicable law.
(E) Any other form of insurance which Tenant or Landlord, acting reasonably, requires from
time to time in form, in amounts, and for risks against which a prudent tenant would insure, but in any event not
less than that carried by comparable retail establishments in Dade County, Florida.
All policies referred to above shall: (i) be taken out with insurers licensed to do business in
Florida and reasonably acceptable to Landlord; (ii) be in a form reasonably satisfactory to Landlord; (iii) be
non-contributing with, and shall apply only as primary and not as excess to any other insurance available to
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Landlord or any mortgagee of Landlord; (iv) contain an undertaking by the insurers to notify Landlord by certified
mail not less than thirty (30) days prior to any material change, cancellation, or termination, and (v) with respect to
subsection (A), contain replacement cost, demolition cost, and increased cost of construction endorsements.
Certificates of insurance on Landlord's standard form or, if required by a mortgagee, copies of such insurance
policies certified by an authorized otficer of Tenant's insurer as being complete and current, shall be delivered to
Landlord promptly upon request. lf Tenant fails to take out or to keep in force any insurance referred to in this
section 6.1, or should any such insurance not be approved by either Landlord or any mortgagee, and Tenant does
not commence and continue to diligently cure such default within two (2) business days after written notice by
Landlord to Tenant specifying the nature of such default, then Landlord has the right, without assuming any
obligation in connection therewith, to effect such insurance at the sole cost of Tenant and all outlays by Landlord
shall be paid by Tenant to Landlord as additional rent without prejudice to any other rights or remedies of Landlord
under this Lease. Tenant shall not keep or use in the Premises any article which may be prohibited by any fire or
casualty insurance policy in force from time to time covering the Premises or the Retail Space. Landlord
represents that Tenant's permitted use doesn't violate any policy carried by the Landlord.
6.2 Loss or Damaoe. Tenant acknowledges that the Landlord will be performing any maintenance
and repairs required of Landlord hereunder. Landlord shall not be liable for any death or injury arising from or out
of any occurrence in, upon, at, or relating to the Retail Space or damage to property of Tenant or of others located
on the Premises or elsewhere in the Retail Space, nor shall it be responsible for any loss of or damage to any
property of Tenant or others from any cause, unless such death, injury, loss, or damage results from the gross
negligence or willful misconduct of Landlord. Without limiting the generality of the foregoing, Landlord shall not be
liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, falling ceiling
tile, falling fixtures, steam, gas, electricity, water, rain, flood, or leaks from any part of the Premises or from the
pipes, sprinklers, appliances, plumbing works, roof, windows, or subsurface of any floor or ceiling of the Retail
Space or from the street or any other place or by dampness, or by any other cause whatsoever, unless resulting
from the gross negligence or willful misconduct of Landlord. Tenant agrees to indemnify Landlord and hold it
harmless from and against any and all loss (including loss of Minimum Rent and additional rent payable in respect
to the Premises), claims, actions, damages, liability, and expense of any kind whatsoever (including attorneys'
fees and costs at all tribunal levels), unless caused by the gross negligence or willful misconduct of Landlord,
arising from any occurrence in, upon, or at the Premises, or the occupancy, use, or improvement by Tenant or its
agents or invitees of the Premises or any part thereof, or occasioned wholly or in part by any act or omission of
Tenant its agents, employees, and invitees or by anyone permitted to be on the Premises by Tenant.
6.3 Waiver of Subrogation. Landlord and Tenant each hereby waives on behalf of itself and its
insurers (none of which shall ever be assigned any such claim or be entitled thereto due to subrogation or
otherwise) any and all rights of recovery, claim, action, or cause of action, against the other, its agents, officers, or
employees, for any loss or damage that may occur to the Premises, or any improvements thereto or the Retail
Space, or any improvements thereto, or any personal property of such party therein, by reason of fire, the
elements, or any other causes which are, or could or should be insured against under the terms of the standard
fire and extended coverage insurance policies referred to in this Lease, regardless of whether such insurance is
actually maintained and regardless of the cause or origin of the damage involved, including negligence of the
other party hereto, its agents, officers, or employees. Landlord and Tenant shall each obtain from their respective
insurers, under all policies of fire, theft, public liability, worker's compensation, and other insurance maintained by
either of them at any time during the term hereof insuring or covering the Retail Space or any portion thereof or
operations therein, a waiver of all rights of subrogation which the insurer of one party might have against the other
party, and Landlord and Tenant shall each indemnify, defend, and hold harmless the other against any loss or
expense, including reasonable attorneys' fees (appellate or otherwise) resulting from the failure to obtain such
waiver.
ARTICLE VII. DAMAGE AND DESTRUCTION.
7.1 Damaqe to Premises. Tenant acknowledges that if the Premises are partially or totally destroyed
due to fire or other casualty, any repairs to or rebuilding of the damaged portions of the Retail Space will be
performed by Landlord and in any event only to the extent that Landlord is required to repair or rebuild the Retail
Space. lf Landlord repairs or rebuilds, Rent shall abate proportionately to the portion of the Premises, if any,
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rendered untenantable from the date of destruction or damage until the repairs have been substantially
completed. Upon being notified that the repairs have been substantially completed, Tenant shall diligently
perform all other work required to fully restore the Premises for use in Tenant's business, in every case at
Tenant's cost and without any contribution to such cost by Landlord, whether or not Landlord has at any time
made any contribution to the cost of supply, installation, or construction of leasehold improvements in the
Premises. Tenant agrees that during any period of reconstruction or repair of the Premises, it will continue the
operation of its business within the Premises to the extent practicable. lf all or any part of the Premises shall be
damaged by fire or other casualty and the fire or other casualty is caused by the fault or neglect of Tenant or
Tenant's agents, guest, or invitees, rent and all other charges shall not abate.
7.2 Termination for Damage. Notwithstanding section 7.1, if damage or destruction which has
occurred to the Premises or the Retail Space is such that in the reasonable opinion of Landlord such
reconstruction or repair cannot be completed within one hundred twenty(120) days of the happening of the
damage or destruction, Landlord or Tenant may, at its option, terminate this Lease on notice to the other given
within thirty (30) days after such damage or destruction and Tenant shall immediately deliver vacant possession
of the Premises in accordance with the terms of this Lease.
ln addition, if Landlord undertakes the reconstruction or repair, and does not complete same within
nine (9) months after the date of the fire or other casualty (subject to the time required to prepare plans for
reconstruction, to obtain building permits, to receive distribution of insurance proceeds, and to complete the likely
contract bidding process and all other relevant factors, but not to exceed an additional ninety (90) days), then
Tenant shall have the right to terminate this Lease by written notice to Landlord delivered within thirty (30) days
after the expiration of such nine (9) month period (or as extended), whereupon both parties shall be relieved of all
further obligations hereunder, except as otherwise expressly set forth herein.
ARTICLE VIII. ASSIGNMENT. LEASES. AND TRANSFERS.
8.1 Transfer by Tenant. Tenant shall not enter into, consent to, or permit any Transfer, as hereinafter
defined, without the prior written consent of Landlord in each instance, which consent may not be unreasonably
withheld. For purposes of this Lease, "Transfer" means an assignment of this Lease in whole or in part; a
sublease of all or any part of the Premises; any transaction whereby the rights of Tenant under this Lease or to
the Premises are transferred to another; any mortgage or encumbrance of this Lease or the Premises or any part
thereof or other arrangement under which either this Lease or the Premises become security for any
indebtedness or other obligations; and if Tenant is a corporation or a partnership, the transfer of a controlling
interest (greater than 50%) in the stock of the corporation or partnership interests, as applicable provided
transfers to family members and transfers to third parties of less than 50% of the stock of the Tenant are
permitted without Landlord consent. lf there is a permitted Transfer, Landlord may collect rent or other payments
from the transferee and apply the net amount collected to the rent or other payments required to be paid pursuant
to this Lease but no acceptance by Landlord of any payments by a transferee shall be deemed a waiver of any
provisions hereof regarding Tenant. Notwithstanding any Transfer, Tenant shall not be released from any of its
obligations under this Lease. Landlord's consent to any Transfer shall be subject to the further condition that if the
Minimum Rent and additional rent pursuant to such Transfer exceeds the Minimum Rent and additional rent
payable under this Lease, the amount of such excess shall be paid to Landlord. lf, pursuant to a permitted
Transfer, Tenant receives from the transferee, either directly or indirectly, any consideration other than Minimum
Rent and additional rent for such Transfer, either in the form of cash, goods, or services, Tenant shall, upon
receipt thereof, pay to Landlord an amount equivalent to such consideration. Landlord acknowledges that any
proceeds received in connection with the sale of Tenant's business (which sale shall include a corresponding
assignment of this Lease) shall belong exclusively to the Tenant and/or its principals).
ARTICLE IX. DEFAULT.
9.1 Defaults. A default by Tenant shall be deemed to have occurred hereunder, if and whenever:
(i) any Minimum Rent is not paid within 5 days from notice or demand for payment has been made by Landlord;
(ii)any other additional rent is in arrears and is not paid within five (5) days after written demand by Landlord;
(iii) Tenant has breached any of its obligations in this Lease (other than the payment of rent) and Tenant fails to
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remedy such breach within thirty (30) days (or such shorter period as may be provided in this Lease), or if such
breach cannot reasonably be remedied within thirty (30) days (or such shorter period), then if Tenant fails to
immediately commence to remedy and thereafter proceed diligently to remedy such breach, in each case after
notice in writing from Landlord; (iv) Tenant becomes bankrupt or insolvent; (v) any of Landlord's policies of
insurance with respect to the Retail Space are canceled or adversely changed as a result of Tenant's use or
occupancy of the Premises; or (vi)the business operated by Tenant in the Premises shall be closed by
governmental or court order for any reason.
9.2 Remedies. ln the event of any default hereunder by Tenant, then without prejudice to any other
rights which it has pursuant to this Lease or at law or in equity, Landlord shall have the following rights and
remedies, which are cumulative and not alternative:
(A) Landlord may cancel this Lease by notice to Tenant and retake possession of the
Premises for Landlord's account, or may terminate Tenant's right to possession of the Premises without
terminating this Lease. ln either event, Tenant shall then quit and surrender the Premises to Landlord. lf Landlord
terminates Tenant's right to possession of the Premises without terminating this Lease, Tenant's liability under all
of the provisions of this Lease shall continue notwithstanding any expiration and surrender, or any re-entry,
repossession, or disposition hereunder.
(B) Landlord may enter the Premises as agent of Tenant to take possession of any property
of Tenant on the Premises, to store such property at the expense and risk of Tenant or to sell or otherwise
dispose of such property in such manner as Landlord may see fit without notice to Tenant. Re-entry and removal
may be effectuated by summary dispossess proceedings, by any suitable action or proceeding, or otherwise.
Landlord shall not be liable in any way in connection with its actions pursuant to this section, to the extent that its
actions are in accordance with law.
(C) lf Landlord terminates Tenant's right to possession of the Premises without terminating
this Lease under subsection (A) above, Tenant shall remain liable (in addition to accrued liabilities) to the extent
legally permissible for all rent and all of the charges Tenant would have been required to pay until the date this
Lease would have expired had such cancellation not occurred. Tenant's liability for rent shall continue
notwithstanding re-entry or repossession of the Premises by Landlord. ln addition to the foregoing, Tenant shall
pay to Landlord such sums as the court which has jurisdiction thereover may adjudge as reasonable attorneys'
fees with respect to any successful lawsuit or action instituted by Landlord to enforce the provisions of this Lease.
(D) Landlord may relet all or any part of the Premises for all or any part of the unexpired
portion of the Term of this Lease or for any longer period, and may accept any rent then attainable; grant any
concessions of rent, and agree to paint or make any special repairs, alterations, and decorations for any new
tenant as it may deem advisable in its sole and absolute discretion. Landlord shall be under no obligation to relet
or to attempt to relet the Premises, except as expressly set forth below.
(E) lf Landlord terminates Tenant's right to possession of the Premises without terminating
this Lease under subsection (A) above, and Landlord so elects, the rent hereunder shall be accelerated and
Tenant shall pay Landlord damages in the amount of any and all sums which would have been due for the
remainder of the Term (reduced to present value using a discount factor equal to the stated prime lending rate on
the date of Tenant's default by Landlord's then existing mortgagee or, if there is no mortgagee, by Citibank, N.A.,
New York). Prior to or following payment in full by Tenant of such discounted sum promptly upon demand,
Landlord shall use good faith etforts to relet the Premises. lf Landlord receives consideration as a result of a
reletting of the Premises relating to the same time period for which Tenant has paid accelerated rent, such
consideration actually received by Landlord, less any and all of Landlord 's cost of repairs, alterations, additions,
redecorating, and other expenses in connection with such reletting of the Premises, shall be a credit against such
discounted sum, and such discounted sum shall be reduced if not yet paid by Tenant as called for herein, or if
Tenant has paid such discounted sum, such credited amount shall be repaid to Tenant by Landlord (provided said
credit shall not exceed the accelerated amount).
(F) Landlord may remedy or attempt to remedy any default of Tenant under this Lease for the
account of Tenant and to enter upon the Premises for such purposes. No notice of Landlord's intention to perform
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such covenants need be given Tenant unless expressly required by this Lease. Landlord shall not be liable to
Tenant for any loss or damage caused by the reasonable acts of Landlord in remedying or attempting to remedy
such default and Tenant shall pay to Landlord all expenses incurred by Landlord in connection with remedying or
attempting to remedy such default. Any expenses incurred by Landlord shall accrue interest from the date of
payment by Landlord until repaid by Tenant at the highest rate permitted by law.
9.3 Costs. Tenant shall pay to Landlord on demand all costs incurred by Landlord, including attorneys'
fees and costs at all tribunal levels, incurred by Landlord in enforcing any of the obligations of Tenant under this
Lease. ln addition, upon any default by Tenant, Tenant shall be also liable to Landlord for the expenses to which
Landlord may be put in re-entering the Premises; repossessing the Premises; painting, altering, or dividing the
Premises; combining the Premises with an adjacent space for any new tenant; putting the Premises in proper
repair; protecting and preserving the Premises by placing watchmen and caretakers therein; reletting the
Premises (including attorneys' fees and disbursements, marshall's fees, and brokerage fees, in so doing); and
any other expenses reasonably incurred by Landlord.
9.4 Additional Remedies: Waiver. The rights and remedies of Landlord set forth herein shall be in
addition to any other right and remedy now and hereinafter provided by law. All rights and remedies shall be
cumulative and non-exclusive of each other. No delay or omission by Landlord in exercising a right or remedy
shall exhaust or impair the same or constitute a waiver of, or acquiescence to, a default.
9.5 Default by Landlord. ln the event of any default by Landlord, Tenant's exclusive remedy shall be
an action for damages or injunction, but prior to any such action Tenant will give Landlord written notice specifying
such default with particularity, and Landlord shall have a period of thirty (30) days following the date of such notice
in which to cure such default (provided, however, that if such default reasonably requires more than thirty (30)
days to cure, Landlord shall have a reasonable time to cure such default, provided Landlord commences to cure
within such thirty (30) day period and thereafter diligently prosecutes such cure to completion). Notwithstanding
any provision of this Lease, Landlord shall not at any time have any personal liability under this Lease. ln the
event of any breach or default by Landlord of any term or provision of this Lease, Tenant agrees to look solely to
the equity or interest then-owned by Landlord in the Retail Space, and in no event shall any deficiency judgment
be sought or obtained against Landlord. lt is expressly understood that the obligations of Landlord under this
Lease are solely corporate obligations, and that, except for conversion, fraud, or willful misconduct, no personal
liability will attach to, or is or shall be incurred by, the incorporators, stockholders, officers, directors, or
employees, as such, of the Landlord, or of any successor corporation, or any of them, under or by reason of the
obligations, covenants, or agreements of Landlord contained in this Lease or implied therefrom; and, except for
conversion, fraud, or willful misconduct, that any and all such personal liability, either at common law or in equity
or by constitution or statute, of, and any and all such rights and claims against, every such incorporator,
stockholder, officer, director, or employee, as such, or under or by reason of the obligations, covenants or
agreements contained in this Lease or implied therefrom are expressly waived and released as a condition of,
and as a consideration for, the execution of this Lease.
ARTICLE X. ESTOPPEL CERTIFICATE: SUBORDINATION.
1 0. 1 Estoopel Certificate. Within ten (1 0) days after written request by Landlord, Tenant shall deliver in
a form supplied by Landlord, an estoppel certificate to Landlord as to the status of this Lease, including whether
this Lease is unmodified and in full force and effect (or, if there have been modifications, that this Lease is in full
force and effect as modified and identifying the modification agreements); the amount of Minimum Rent and
additional rent then being paid and the dates to which same have been paid; whether or not there is any existing
or alleged default by either party with respect to which a notice of default has been served, or any facts exist
which, with the passing of time or giving of notice, would constitute a default and, if there is any such default or
facts, specifying the nature and extent thereof; and any other matters pertaining to this Lease as to which
Landlord shall request such certificate. Landlord, and any prospective purchaser, lender, or ground lessor shall
have the right to rely on such certificate.
10.2 Subordination: Attornment. This Lease and all rights of Tenant shall be subject and subordinate
to any and all mortgages, security agreements, or like instruments resulting from any financing, refinancing, or
collateral financing (including renewals or extensions thereof), and to any and all ground leases, made or
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arranged by Landlord of its interests in all or any part of the Retail Space, from time to time in existence against
the Retail Space, whether now existing or hereafter created. Such subordination shall not require any further
instrument to evidence such subordination. However, on request, Tenant shall further evidence its agreement to
subordinate this Lease and its rights under this Lease to any and all documents and to all advances made under
such documents. The form of such subordination shall be made as required by Landlord, its lender, ground
lessor, the City. Tenant shall, if requested by Landlord, or a mortgagee, owner, or purchaser, or by any person
succeeding to the interest of such mortgagee, owner, or purchaser, as the result of the enforcement of the
remedies provided by law or the applicable instrument held by Landlord, such mortgagee, owner, or purchaser,
automatically attorn to and become the tenant of Landlord or any such mortgagee, owner, purchaser, or
successor-in-interest, without any change in the terms or other provisions of this Lease; provided, however, that
Landlord, said mortgagee, owner, purchaser, or successor shall not be bound by (a)any payment of rent or
additional rent for more than one (1) month in advance, or (b) any security deposit or the like not actually received
by Landlord, such mortgagee, owner, or purchaser, or successor, or (c) any amendment or modification in this
Lease made without the consent of Landlord, such mortgagee, owner, purchaser, or successor, or (d) any
construction obligation, free rent, or other concession or monetary allowance, or (e) any set-off, counterclaim, or
the like otherwise available against Landlord, or (f) any act or omission of any prior landlord (including Landlord).
Upon request by Landlord, said mortgagee, owner, or purchaser, or successor, Tenant shall execute and deliver
an instrument or instruments confirming its attornment.
Notwithstanding the foregoing, any such subordination of this Lease shall be conditioned on the Landlord
obtaining a nondisturbance agreement in favor of Tenant from all mortgagees and ground lessors regarding any
financings or overleases entered into by Landlord with respect to the Retail Space, and no subordination shall be
effective without a corresponding nondisturbance agreement.
ARTICLE XI. CONTROL OF RETAIL SPACE BY LANDLORD.
11.1 Use and Maintenance of Common Areas. Tenant and those doing business with Tenant for
purposes associated with Tenant's business on the Premises, shall have a non-exclusive license to use the
common areas for their intended purposes during normal business hours in common with others entitled thereto
and subject to any rules and regulations imposed by Landlord. Landlord shall use reasonable efforts to keep the
common areas in good repair and condition and shall clean the common areas when necessary. Tenant
acknowledges that any common areas of the Retail Space shall at all times be under the exclusive control and
management of Landlord. For purposes of this Lease, "common areas" shall mean those areas, facilities, utilities,
improvements, equipment, and installations of the Retail Space which serve or are for the benefit of tenants of
more than one component of the Retail Space and which are not designated or intended by Landlord to be leased,
from time to time, or which are provided or designated from time to time by Landlord and/or the City for the benefit
or use of all tenants in the Retail Space, their employees, customers, and invitees, in common with others entitled
to the use or benefit of same. Tenant acknowledges that the Garage portion of the Facility is not a part of the
Retail Space, and that Tenant has no right or license to use the Garage pursuant to this Lease. Any use by
Tenant or its invitees of the Garage is subject to the rules and regulations in connection therewith imposed by
Landlord (or successor owner) and/or the operator of the Garage. No portion of the garage is under Landlord's
control or supervision, and Landlord shall not be liable for any damage to automobiles of any nature whatsoever
to, or any theft of, automobiles or other vehicles or the contents thereof, while in or about the Garage.
11.2 Alterations by Landlord. Landlord and/orthe City may (butshall not be obligated to) (i)alter, add
to, subtract from, construct improvements on, re-arrange, and construct additional facilities in, adjoining, or
proximate to the Retail Space; (ii) relocate the facilities and improvements in or comprising the Retail Space or
erected on the Land; (iii) do such things on or in the Retail Space as required to comply with any laws, by-laws,
regulations, orders, or directives affecting the Land or any part of the Retail Space; and (iv) do such other things
on or in the Retail Space as Landlord and/or the City, in the use of good business judgment determines to be
advisable, provided that notwithstanding anything contained in this section 11.2, access to the Premises shall be
available at all times. Landlord shall not be in breach of its covenants for quiet enjoyment or liable for any loss,
costs, or damages, whether direct or indirect, incurred by Tenant due to any of the foregoing, provided, Landlord
shall exercise its rights under this section in a manner so as to minimize any disruption or interference with the
operation of Tenant's business and property.
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ARTICLE XII. CONDEMNATION.
12.1 Total or Partial Takinq. lf the whole of the Premises, or such portion thereof as will make the
Premises unusable for the purposes leased hereunder, shall be taken by any public authority under the power of
eminent domain or sold to public authority under threat or in lieu of such taking, the Term shall cease as of the
day possession or title shall be taken by such public authority, whichever is earlier ("Taking Date"), whereupon
the rent and all other charges shall be paid up to the Taking Date with a proportionate refund by Landlord of any
rent and all other charges paid for a period subsequent to the Taking Date. lf less than the whole of the
Premises, or less than such portion thereof as will make the Premises unusable for the purposes leased
hereunder, the Term shall cease only as to the part so taken as of the Taking Date, and Tenant shall pay rent and
other charges up to the Taking Date, with appropriate credit by Landlord (toward the next installment of rent due
from Tenant) of any rent or charges paid for a period subsequent to the Taking Date. Minimum Rent and other
charges payable to Landlord shall be reduced in proportion to the amount of the Premises taken.
12.2 Award. All compensation awarded or paid upon a total or partial taking of the Premises or Retail
Space including the value of the leasehold estate created hereby shall belong to and be the property of Landlord
without any participation by Tenant; Tenant shall have no claim to any such award based on Tenant's leasehold
interest. However, nothing contained herein shall be construed to preclude Tenant, at its cost, from
independently prosecuting any claim directly against the condemning authority in such condemnation proceeding
for damage to, or cost of removal of, stock, trade fixtures, furniture, and other personal property belonging to
Tenant and for Tenant's moving expenses; provided, however, that no such claim shall diminish or otherwise
adversely affect Landlord's award or the award of any mortgagee.
ARTICLE XIII. PROMOTION.
13.1 Promotional Fund: Merchants'Association. lntentionallyOmitted.
ARTICLE XIV. GENERAL PROVISIONS.
14.1 Delay. Whenever a period of time is herein prescribed for the taking of any action by Landlord or
Tenant, as applicable, Landlord or Tenant, as applicable, shall not be liable or responsible for, and there shall be
excluded from the computation of such period of time, any delays due to strikes, riots, acts of God, shortages of
labor or materials, war, or governmental laws, regulations, or restrictions in the nature of a prohibition or
moratorium, or any bona fide delay beyond the reasonable control of Landlord or Tenant, as applicable. The
foregoing shall not apply to any payments of money due under this Lease.
14.2 Holding Over. lf Tenant remains in possession of the Premises after the end of the Term without
having executed and delivered a new lease or an agreement extending the Term, there shall be no tacit renewal
of this Lease or the Term, and Tenant shall be deemed to be occupying the Premises as a Tenant from month to
month at a monthly Minimum Rent payable in advance on the first day of each month equal to twice the monthly
amount of Minimum Rent payable during the last month of the Term, and otherwise upon the same terms as are
set forth in this Lease, so far as they are applicable to a monthly tenancy.
14.3 Waiver: Partial lnvalidity. lf Landlord excuses or condones any default by Tenant of any
obligation under this Lease, this shall not be a waiver of such obligation in respect of any continuing or
subsequent default and no such waiver shall be implied. All of the provisions of this Lease are to be construed as
covenants even though not expressed as such. lf any provision of this Lease is held or rendered illegal or
unenforceable it shall be considered separate and severable from this Lease and the remaining provisions of this
Lease shall remain in force and bind the parties as though the illegal or unenforceable provision had never been
included in this Lease.
14.4 Recording. Neither Tenant nor anyone claiming under Tenant shall record this Lease or any
memorandum hereof in any public records without the prior written consent of Landlord.
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14.5 Financial Records. Landlord shall have the right to periodically review Tenant's financial records
and statement of operations no more than once per year.
14.6 Notices. Any notice, consent, or other instrument required or permitted to be given under this
Lease shall be in writing and shall be delivered in person, or sent by certified mail, return receipt requested, or
overnight express mail courier, postage prepaid, addressed (i) if to Landlord, at the address set forth in the Lease
Summary; and (ii) if to Tenant, at the Premises or, prior to Tenant 's occupancy of the Premises, at the address
set forth on the Lease Summary, with a copy to Training Camp, lnc. at 25 West 45th Street, New York, NY 10036.
Any such notice or other instruments shall be deemed to have been given and received on the day upon which
personal delivery is made or, if mailed, then forty-eight (48) hours following the date of mailing. Either party may
give notice to the other of any change of address and after the giving of such notice, the address therein specified
is deemed to be the address of such party for the giving of notices. lf postal service is interrupted or substantially
delayed, all notices or other instruments shall be delivered in person or by overnight express mail courier.
14.7 Successors: Joint and Several Liability. The rights and liabilities created by this Lease extend to
and bind the successors and assigns of Landlord and the heirs, executors, administrators, and permitted
successors and assigns of Tenant. No rights, however, shall inure to the benefit of any transferee unless such
Transfer complies with the provisions of Article Vlll. lf there is at any time more than one Tenant or more than
one person constituting Tenant, their covenants shall be considered to be joint and several and shall apply to
each and every one of them.
14.8 Captions and Section Numbers. The captions, section numbers, article numbers, and table of
contents appearing in this Lease are inserted only as a matter of convenience and in no way affect the substance
of this Lease.
14.9 Extended Meanings. The words "hereof," "hereto," "hereunder," and similar expressions used in
this Lease relate to the whole of this Lease and not only to the provisions in which such expressions appear. This
Lease shall be read with all changes in number and gender as may be appropriate or required by the context.
Any reference to Tenant includes, when the context allows, the employees, agents, invitees, and licensees of
Tenant and all others over whom Tenant might reasonably be expected to exercise control. This Lease has been
fully reviewed and negotiated by each party and their counsel and shall not be more strictly construed against
either party.
14.10 Entire Aqreement, Governing Law: Time. This Lease and the Exhibits and Riders, if any,
attached hereto are incorporated herein and set forth the entire agreement between Landlord and Tenant
concerning the Premises and there are no other agreements or understandings between them. This Lease and
its Exhibits and Riders may not be modified except by agreement in writing executed by Landlord and Tenant.
This Lease shall be construed in accordance with and governed by the laws of the State of Florida. Time is of the
essence of this Lease.
14.11 No Partnership. The parties hereby acknowledge that it is not their intention under this Lease to
create between themselves a partnership, joint venture, tenancy-in-common, joint tenancy, co-ownership, or
agency relationship. Accordingly, notwithstanding any expressions or provisions contained herein, nothing in this
Lease, whether based on the calculation of rental or otheruvise, shall be construed or deemed to create, or to
express an intent to create, a partnership, joint venture, tenancy-in-common, joint tenancy, co-ownership or
agency relationship of any kind or nature whatsoever between the parties hereto. The provisions of this section
shall survive expiration of the Term.
14.12 Quiet Enjoyment. lf Tenant pays rent and other charges and fully observes and performs all of its
obligations under this Lease, Tenant shall be entitled to peaceful and quiet enjoyment of the Premises for the
Term without interruption or interference by Landlord or any person claiming through Landlord.
14.13 Brokeraqe. Landlord and Tenant each represent and warrant one to the other that except as set
forth in the Lease Summary, neither of them has employed any broker in connection with the negotiations of the
terms of this Lease or the execution thereof. Landlord and Tenant hereby agree to indemnify and to hold each
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other harmless against any loss, expense, or liability with respect to any claims for commissions or brokerage
fees arising from or out of any breach of the foregoing representation and warranty. Landlord recognizes the
broke(s) specified in the Lease Summary as the sole broker(s) with whom Landlord has dealt in this transaction
and agrees to pay any commissions determined to be due said broker(s).
14.14 Radon Notice. Chapter 88-285, Laws of Florida, requires the following notice to be provided with
respect to the contract for sale and purchase of any building, or a rental agreement for any building:
"RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building
in sutficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your county public health unit.
14.15 Execution. This Lease has been submitted for discussion purposes only and shall not be
deemed an offer by either party to the other to enter into this Lease unless and until this Lease shall have been
executed by both parties, indicating their acceptance of the terms and conditions contained herein.
14.16 PROHIBITIONS REGARDING SALE OR USE OF EXPANDED POLYSTYRENE FOOD
SERVICE ARTICLES OR PLASTIC STRAWS. Pursuant to Section 82-7 of the City Code, as may be amended
from time to time, effective August 2,2014, the City has prohibited the use of expanded polystyrene food service
articles by City Contractors, in connection with any City contract, lease, concession agreement or Special event
permit. Additionally, pursuant to Section 82-385 of the City Code, as may be amended from time to time, no
polystyrene food service articles will be allowed in the right-of-way, and no polystyrene food service articles can
be provided to sidewalk caf6 patrons.
Expanded polystyrene is a petroleum byproduct commonly known as Styrofoam. Expanded polystyrene is more
particularly defined as blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical
materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to,
fusion of polymer spheres (expandable bead foam), injection molding, foam molding, and extrusion-blown
molding (extruded foam polystyrene).
Expanded polystyrene food seruice articles means plates, bowls, cups, containers, lids, trays, coolers, ice chests,
and all similar articles that consist of expanded polystyrene.
Tenant agrees not to sell, use, provide food in, or otfer the use of expanded polystyrene food service articles at
the Premises or in connection with this Lease. Tenant shall ensure that all vendors operating in the Premises
abide by the restrictions contained in this Section 14.16. A violation of this Section shall be deemed a default
under the terms of this Lease. This subsection shall not apply to expanded polystyrene food service articles used
for prepackaged food that have been filled and sealed prior to receipt by the Tenant or its vendors.
Additionally, Tenant agrees to comply (and ensure compliance by its vendors) with Section 46-92 (c) of the City
Code, which states that it is unlawful for any person to carry g4y expanded polystyrene product onto any beach or
into any park within the City or for any business to provide plastic straws with the service or delivery of any
beverage to patrons on the beach.
14,17 TRIAL BY JURY. LANDLORD AND TENANT EACH HEREBY WAIVES ITS RIGHT TO A JURY
TRIAL OF ANY ISSUE OR GONTROVERSY ARTSING UNDER THIS LEASE.
16910
EXECUTED as of the day and year first above written.
ATTEST: LANDLORD:
MIAMI BEACH REDEVELOPMENT AGENCY, a public
body corporate and politic
SEGRETARY CHAIRMAN
(Print Name)
ATTEST:TENANT:
CUBICHE 105, LLC
(Print Name)
(Print Name)
By:
By:
17911
EXHIBIT "A''
Legal Description
Lots 8, 9, 10, 11, 12 and 13, Block 57, Fisher's First Subdivision of Alton Beach, according to the Plat thereof, as
recorded in Plat Book 2, Page77 of the Public Records of Dade County, Florida, togetherwith all of 16th Street
(Avenue "C"), less and except the following described parcel:
BEGINNING at the Southwest corner of Block 54 of said Fisher's First Subdivision of Alton Beach Plat; thence
North 88' 0' 53" East along the South line of said Block 54, a distance of 443.08 feet, to the Southeast corner of
said Block 54; thence South 07' 35' 04" West, a distance of 96.26 feet, to a point of cusp with a tangent curve
concave to the Southwest; thence along the arc of said curve to the left, having a radius of 25.00 feet and a
centralangelof 90'00'00", an arc distance of 39.27 feet, to a point of tangency; thence North 82" 24' 52" West, a
distance of 24.75 feet; thence South 88' 00' 53" West along a line 8.00 feet North of and parallel with, as
measured at right angles to the North line of Block 57 of said plat, a distance of 382.18 feet to a point on the
Easterly Right-of-Way line of Washington Avenue; thence North 01'59'11" West along said Easterly
Right-of-Way line, a distance of 62.00 feet to the Southwest corner of said Block 54 and the Point of beginning.
Said lands lying and being in the City of Miami Beach and containing 65,910 square feet (1.5131 Acres) more or
less.
Cubiche 105 (ORAFT Lease 6-2-2015)912
Site Plan of Retail Space and Location of Premises
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913
EXHIBIT "C"
RULES AND REGULATIONS
1. Security. Landlord may from time to time adopt appropriate systems and procedures for the
security or safety of the Retail Space, any persons occupying, using, or entering the same, or any equipment,
furnishings, or contents thereof, and Tenant shall comply with Landlord's reasonable requirements relative
thereto.
2. Return of Kevs. At the end of the Term, Tenant shall promptly return to Landlord all keys for the
Retail Space and Premises which are in the possession of Tenant. ln the event any Tenant fails to return keys,
Landlord may retain $100.00 of Tenant's security deposit for locksmith work and administration.
3. Repair, Maintenance, Alterations. and lmorovements. Tenant shall carry out Tenant's repair,
maintenance, alterations, and improvements in the Premises only during times agreed to in advance by Landlord
and in a manner which will not interfere with the rights of other Tenant's in the Retail Space.
4. Water Fixtures. Tenant shall not use water fixtures for any purpose for which they are not
intended, nor shall water be wasted by tampering with such fixtures. Any cost or damage resulting from such
misuse by Tenant shall be paid for by Tenant.
5. Personal Use of Premises. The Premises shall not be
residential, lodging, or sleeping purposes or for the storage of personal
business purposes.
used or permitted to be used
effects or property not required
for
for
6. Heavy Articles. Tenant shall not place in or move about the Premises without Landlord's prior
written consent any safe or other heavy article which in Landlord's reasonable opinion may damage the Premises,
and Landlord may designate the location of any such heavy articles in the Premises.
7. Bicycles, Animals. Tenant shall not bring any animals or birds into the Retail Space, and shall not
permit bicycles or other vehicles inside or on the sidewalks outside the Retail Space except in areas designated
from time to time by Landlord for such purposes.
8. Deliveries. Tenant shall ensure that deliveries of supplies, fixtures, equipment, furnishings, wares,
and merchandise to the Premises are made through such entrances, elevators, and corridors and at such times
as may from time to time be designated by Landlord, and shall promptly pay or cause to be paid to Landlord the
cost of repairing any damage in the Retail Space caused by any person making improper deliveries.
9. Solicitations. Landlord reserves the right to restrict or prohibit canvassing, soliciting, or peddling in
the Retail Space.
10. Food and Beveraqes. Only persons approved from time to time by Landlord may prepare, solicit
orders for, sell, serve, or distribute foods or beverages in the Retail Space, or use the common areas for any such
purpose. Except with Landlord's prior written consent and in accordance with arrangements approved by
Landlord, Tenant shall not permit on the Premises the use of equipment for dispensing food or beverages or for
the preparation, solicitation of orders for, sale, serving, or distribution of food or beverages.
11. Refuse. Tenant shall place all refuse in proper receptacles provided by Tenant at its expense in
the Premises or in receptacles (if any) provided by Landlord for the Retail Space, and shall keep sidewalks and
driveways outside the Retail Space, and lobbies, corridors, stairwells, ducts, and shafts of the Retail Space, free
of all refuse.
12. Obstructions. Tenant shall not obstruct or place anything in or on the sidewalks or driveways
outside the Retail Space or in the lobbies, corridors, stairwells, or other common areas, or use such locations for
914
any purpose except access to and exit from the Premises without Landlord's prior written consent. Landlord may
remove at Tenant's expense any such obstruction or thing caused or placed by Tenant (and unauthorized by
Landlord) without notice or obligation to Tenant.
13. Proper Conduct. Tenant shall not conduct itself in any manner which is inconsistent with the
character of the Retail Space as a first quality retail center or which will impair the comfort and convenience of
other Tenant's in the Retail Space.
14. Employees. Aoents, and lnvitees. ln these Rules and Regulations, "Tenant" includes the
employees, agents, invitees, and licensees of Tenant and others permitted by Tenant to use or occupy the
Premises.
15. Pest Control. ln order to maintain satisfactory and uniform pest control throughout the Retail
Space, Tenant shall engage for its own Premises and at its sole cost, a qualified pest extermination contractor
either designated or approved by Landlord, who shall perform pest control and extermination services in the
Premises at such intervals as reasonably required or as may be directed by Landlord.
915
EXHIBIT ''D''
Prohibited Uses
1. ln no event may the primary business at the Premises be a cocktail lounge.
2. ln no event may the primary business at the Premises be the sale of clothing sold under the following
brand names: Dolce & Gabbana; Versace Jeans Couture; B.C.B.G.; Diesel; Replay; Polo Sport; Polo Jeans; and
Ralph Lauren; and shoes sold under the following brand names: Charles David; Calvin Klein; Kenneth Cole;
SoHo Shoes; Via Spiga; and Milano.
3. ln no event may the primary business at the Premises engage in the sale of custom or designer
jewelry.
4. ln no event may the primary business at the Premises engage in the sale of swimwear, beach attire or
related accessories.
5. ln no event may the primary business at the Premises be the sale of athletic and/or other types of
sporting footwear, retailapparel and related general merchandise.
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EXHIBIT ''E''
Landlord's Signage Criteria
Tenant Sign Standards - 16th Street and Washington Avenue Frontages
Tenant signage is to be located in the 6'-0" wide transom panel above the entrance doors to each space.
One 15amp 1 1Ovolt AC electrical circuit has been provided at the designated sign location above the entrance
doors for illuminated tenant signage. The area of the sign shall not exceed twenty (20) square feet.
Three (3) tubular aluminum mounting rails are provided on the transom framing, in front of the glass line. The
tenant sign shall mount to the rails and shall be composed of individual letters, symbols, or decorative elements.
The individual letters are encouraged to be neon illuminated.
No box signs are allowed so as to maintain maximum transparency of the storefront line.
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R6ceiving Door Signs
Each store shall have a sign identifying their receiving door, adjacent to the latch side of the their door.
Tenant shall provide acid etched aluminum panel with blind studs, silicone cemented to the wall at 5'-O"
above the finished floor. Tenant name copy shall be acid-etched and paint filled.
TENANT NAME
C Ol PanrlL
lrYour- REcElvlNG DOOR SIG!!
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