HomeMy WebLinkAboutLTC 273-2026 - Neighborhood Resiliency Projects Advisory Committee MotionDocusign Envelope ID:D00C80DE-92CB-84A8-81 B1-CCA800BEE5D9
MIAMI BEACH
LTC#
TO:
FROM:
DATE:
SUBJECT:
LETT ER TO COMMISSION
Honorable Mayor Steven Meiner and Members of the City Commission
eaaere ooaao.or cers[4aal·
June 22,2026
Neighborhood Resiliency Projects Advisory Committee Motion
The purpose of this Letter to Commission (L TC)is to inform the Mayor and City Commission of a
motion passed by the Neighborhood Resiliency Projects Advisory Committee at its meeting on
June 11, 2026.
At the February 25,2026 City Commission Meeting,during discussion of item RS S,Stop the
Pause Policy,the ordinance was referred for further discussion to the Neighborhood Resiliency
Projects Advisory Committee.
The Neighborhood Resiliency Projects Advisory Committee made the following motion:
At its June 11,2026,meeting,"the Neighborhood Resiliency Projects Advisory Committee,after
working with Commissioner Fernandez and the Inspector General and having several robust
discussions have approved the language proposed for the ordinance amendment with the addition
of a public meeting at the 30% milestone."
Motion made by:Clare McCord,Chair [ii«get
Motion seconded by:Julie Basner
Motion Passed:5-0
Members present:Clare McCord,Curt Dyer,Barbara Montero,Julie Basner,Ronald Starkman
Members virtually present:Stephen Ginez
Members absent:Karin Matos
Attachment A:DRAFT Ordinance reviewed by Committee
To view the full meeting recording,please visit:
https://youtu.be/SzYV22cpNe4
G G
MH/AK
273-2026
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ORDINANCE NO._
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA,AMENDING CHAPTER 2 OF THE
CODE OF THE CITY OF MIAMI BEACH,ENTITLED
"ADMINISTRATION,"BY AMENDING ARTICLE II,ENTITLED "CITY
COMMISSION,"BY AMENDING SECTION 2-18 ENTITLED "STOP THE
PAUSE POLICY"TO ESTABLISH MINIMUM VOTING THRESHOLDS
FOR THE CITY COMMISSION RELATING TO SPECIFIED PROJECTS
AT ADVANCED STAGES OF COMPLETION HAVING AN ESTIMATED
CONSTRUCTION COST ABOVE A STATED THRESHOLD;TO FULLY
INFORM THE PUBLIC OF THE DETAILS AND ADDITIONAL EXPENSE
OF MATERIAL CHANGES TO SUCH PROJECTS;AND PROVIDING
FOR REPEALER,SEVERABILITY,CODIFICATION,AND AN
EFFECTIVE DATE.
WHEREAS,the City of Miami Beach enacted Ordinance No.2024-4648 on September
21,2024,establishing voting thresholds for critical infrastructure projects;and
WHEREAS,the City Commission now desires to expand the coverage of the ordinance
to include all capital projects having an estimated construction cost above a stated threshold at
stated points of completion where substantial taxpayer funds have already been expended except
in the case of unforeseen site conditions that materially impact the cost of the project;and
WHEREAS,the City Commission further finds that material changes to increase the scope
of a project could result in significant cost overruns or negate the project entirely,and therefore
should require a higher voting threshold than a simple majority;and
WHEREAS,these amendments will ensure clarity,fiscal responsibility,and continuity in
the execution of capital projects,as well as greater transparency of their costs and consequences;
and
WHEREAS,the City Commission finds that it is prudent to establish a higher threshold of
approval by the Commission and heightened awareness by the public of the anticipated additional
expense to pause,delay,stop,or materially modify capital projects at advanced stages to ensure
continuity,timely completion,and accountability,while allowing for exceptions in the case of
unforeseen site conditions that materially impact the cost of the project,and provided,this policy
shall not in any way limit the City Commission's ability to accept the recommendation of the City
Manager to reject all bids or to take any action the Commission deems necessary to protect the
City's rights under a contract with a design consultant or contractor;and
WHEREAS,the City provides will ensure robust communications in advance of design and
throughout the project,including public meetings,a project specific web page,a map of active
projects,dedicated Public Information Outreach (PIO)firm,door-to-door distributions,onsite
coordination,and other mechanisms to clarify information and timely address stakeholder
questions and feedback,and
WHEREAS,the 30,60,and 90-percent design completion points are significant
milestones,and as the design advances,changes become more difficult and costly,and
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WHEREAS,the City will continue to utilize robust communication methods to engage the
community for foedback at important design milestones leading up to and including any action by
the City to materially modify the specified projects;and
WHEREAS,the City will utilize robust communications to inform the community about the
nature,process and critical timelines of important design milestones and engage the community
for feedback prior to important design milestones being reached leading up to and including any
action by the City to materially modify the specified projects.
WHEREAS,the City Commission finds that holding a public project "kick-off'meeting
immediately following execution of the design contract will serve the community well by providing
an opportunity for residents to meet the design consultants and provide feedback at the earliest
phase of project development:and
WHEREAS,such early engagement will assist in the development of the 30%design
documents,allowing community concerns and input to be meaningfully incorporated into the
design process,provided such input remains within the authority and project definition resolved
by the City Commission:and 1
W HEREAS,establishing such higher thresholds of approval and cost transparency to
pause,delay,stop or materially modify projects will also result in substantial cost savings to
taxpayers.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH,FLORIDA,AS FOLLOWS:
SECTION 1.Article II of Chapter 2 of the Code of the City Miami Beach is hereby amended to
create Section 2-18 as follows:
CHAPTER2
ADMINISTRATION
ARTICLE II.CITY COMMISSION
*
k
%
k
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Sec.2-18.Stop the Pause Policy.
(1)Definitions.
For purposes of this section only:
(a)critical infrastructure projects shall be defined to include:
(i)Projects relating to fire flow,stormwate r systems,potable water,and sanitary
sewer projects deemed by the city manager to be critical due to risk of failure;
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(ii)Utility projects to repl ace and/or upgrade systems that are at or near capa city;
and
(iii)Neighborhood Improve ment Proj ects ("NIPs")that have been appr oved by the
city commission ,that may incl ude resiliency-relate d improv ements such as road
raising and harmonization.
(2)Voting Requirem ents to Pause,Delay,Stop or Mate rially Modify Cr itica l Infrastructure
Projects.
(a)A 5/7th vote of the City Com mission shall be requi red before the City Com missi on may
take any acti on that has the effe ct of pausing,delaying,stopping or materially modifying a critical
infra stru ctu re proj ect (as defined herein)having an estim ated constructi on cos t of $1,000 ,000 or
more that is at least at 60%design.
(b)A 6/7t h vote of the City Commission shall be required before the City Commission may
take any action that has the effe ct of pausing,delaying,stopping or materially modifying a-critical
infra stru ctu re-project havi ng an-esti mat ed-con stru ction cost of $1,000,000 or more that has
obtained all permits and is shovel ready.
(c)Notw iths tandi ng the requirements of subsect ions (a)and (b),only a 4/7-vote shall be
required for the Commission to take any action that has the effe ct of pausing,delaying,stopping
or materially modifying a criti cal infrastructure project havi ng an estimated con stru ction cos t of
$1,000,000 or more in the event of (i)unfo res ee n site conditions that materially impac t the cost
of constr uction,(ii)fundi ng limitations,and/or(iii)fundi ng-em ergencies,and provided,the
provis ion s of this sectio n shal l not in any way limit the Commission's ability,on a 4/7-vote,to
acce pt the reco mmendation of the City Manager to rej ect all bids or to tak e any act ion-the
Commission dee ms-neces sary to-prote ct the City's rights-und er a contra ct with-a design
consu ltant or contra cto r.
(d)Notw iths tandi ng anything-to the contra ry-in this secti on,with-reg ard-to critica l
infr astru cture proje cts having an est imated constru ction cost of $1,000 ,000 or more,the approv al
of (i)mater ial chan ges to increas e the scope of any such critica l infra stru ctu re proje ct or (ii)an
increas e to the contract price for any such proj ect shall continue to req uire a sim ple majority (±.e.
4/7th)vote of the com miss ion.
ill Definitions.
For purposes of this section only:
(a)Capital projects shall include all projects contained in the City's five-year Capital
Improvement Program (CIP).
(b)30%Design Completion Milestone shall mean the stage at which the overall vision
and main ideas for the project have been developed.At this stage the design will
reveal the project's size,shape,and purpose.Deliverables generally include:
(i)Site plan and basic floor plans showing overall layout,adjacencies,and
key dimensions:
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(ii)
(iii)
(iv)
(v)
Initial building systems approach (structural concept,preliminary (MEP)
strategies):
Preliminary architectural concepts (massing,elevations,basic materials):
Initial code and regulatory analysis identifying major constraints:and
Preliminary cost estimate
(c)60%Design Completion Milestone shall mean the stage at which drawings and
documents have much more detail,showing how different systems and materials will
come together and how the building will actually function,based on the concept
developed at the 30%level.At 60%,the design has been substantially developed,
enabling detailed cost reconciliation and value engineering decisions.Deliverables
typically include:
(i)Updated architectural drawings,including developed plans,elevations,
and building sections:
(ii)Detailed engineering documents,including structural framing plans,MEP
system layouts,and civil/utility design progress.
(iii)Outline specifications expanded to identify all major materials,equipment,
and performance criteria.
(iv)More refined code compliance analysis.
(v)Second phase cost estimate from the Architect (required at each
benchmark),
(d)90%Design Completion Milestone shall mean documents are nearly complete and
suitable for final cost setting and the start of permitting,including:
(i)
(ii)
(iii)
(iv)
(v)
Full architectural and engineering construction drawings,nearing final
coordination level.
Final technical specifications covering all divisions.
Integrated MEP,structural,civil,landscape,and specialty systems with
minimal outstanding decisions.
Quality control and interdisciplinary coordination completed,with only
minor adjustments anticipated.
90%cost estimate (A/E)supporting preparation of the City's bid
documents or the CM's Guaranteed Maximum Price (GMP)"
(2)Public Outreach Requirements
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(a.)Immediately following execution of the design contract for any capital project
subject to this section,the City shall hold a public "project kick-off'meeting for the
purpose of introducing the design consultants,presenting the scope and objectives
of the project,and obtaining community feedback.Input received at this meeting
shall be considered in the development of the 30%Design Completion Milestone
documents,to the extent such input remains within the authority and project
definition resolved by the City Commission.
(23)Voting Requirements to Pause,Delay,Stop or Materially Modify Capital Projects.
(a.)A 517th vote of the city commission shall be required before taking any action that
has the effect of pausing,delaying,stopping,or materially modifying (including,
without limitation,material modifications increasing or decreasing the project
scope)a capital project having an estimated construction cost of $1,000,000 or
more that has reached or exceeded the 60%Design Completion Milestone .
(b.)A6/7th yote of the city commission shall be required before taking any action that
has the effect of pausing,delaying,stopping,or materially modifying (including,
without limitation,material modifications increasing or decreasing the project
scope)a capital project having an estimated construction cost f $1,000,000 or
more that has reached or exceeded the 90%Design Completion Milestone and
has obtained all required permits necessary for commencement of construction.
(c.)In connection with any vote taken by the City Commission pursuant to subsections
(a)or (b),a detailed cost estimate of the modification shall be included in any public
information provided by the City prior to the vote,and the amount of such estimate
shall be stated in the text of any resolution for approval of same .
(d.)Notwithstanding subsections (a)and (b),only a 417th vote shall be required for the
city commission to take such action in the event of unforeseen site conditions that
impact the cost of construction and provided,the provisions of this section shall
not in any way limit the commission's ability,on a 4/?th vote,to accept the
recommendation of the city manager to reject all bids,to value engineer a project
to reduce costs if it is more than 10%over budget,or to take any action the
commission deems necessary to protect the city's rights under a contract with a
design consultant or contractor.
SECTION 2.REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3.SEVERA BILITY.
If 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
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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 shall take effect on the day of ,2026.
PASSED AND ADOPTED this day of ,2026.
ATTEST:
Steven Meiner,Mayor
Rafael E.Granado,City Clerk
(Sponsored by Commissioner Alex J.Fernandez)
Underline denotes additions
Strikethrough denotes deletions
Double underline denotes additions on second reading
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
City Attorney z?Date