98-22632 RESO
RESOLUTION NO. 98-22632
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
THE 1999 FEDERAL LEGISLATIVE AGENDA.
WHEREAS, the City of Miami Beach must avail itself of all potential sources of funds; and
WHEREAS, Federal legislation may need to be enacted to protect and enhance the City's
interests; and
WHEREAS, it is imperative that our legislative consultant is aware of and have a list of City
priorities; and
WHEREAS, the Administration has prepared a list of concerns and legislative issues of the
various departments of the City; and
WHEREAS, the Administration has met with the City's legislative consultant and, with the
input of the departments, has prepared a Legislative Agenda.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the recommended and/or
amended Federal legislative agenda for the 1999 Legislative Session be approved.
PASSED and ADOPTED this 7th
day of January, 1998.
I
ATTEST:
APPROVED AS TO
FOIM & LANGUAf'::E
& fOR EXECUTION
/U{~
OVMomey ~tJ?
_R6kv~ f~
City Clerk
CITY OF MIAMI BEACH
;ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM NO.
\ s- 9 g
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: January 7,1998
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
I OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF IAMI BEACH, FLORIDA, APPROVING THE 1999 FEDERAL
LEGISLATIVE AGENDA.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
On February 19, 1997, the City Commission approved the contract naming the firm of Jorden Burt
Berenson and Johnson LLP, as the City's Federal Representative. Subsequently, the City worked
with the Federal Representative to develop a Federal Legislative Agenda for Fiscal Year 1998, which
was approved by the Commission on April 2, 1997.
On November 19, 1997, the Federal Representative presented the results of the Fiscal Year 1998
Federal Agenda before the City Commission, and met with each Commisioner in order to hear their
concerns before beginning work on the Fiscal Year 1999 Federal Agenda. Work on the Fiscal Year
1999 Federal Agenda was completed over the first half of December by the Federal Representative
and officials from the City.
ANAL YSIS:
Following last year's process regarding Legislative Priorities, it is helpful to the consultant and the
Administration to have an approved and prioritized Legislative Agenda. The draft agenda is attached
for Commission review and comment.
CONCLUSION:
The Administration recommends that the City Commission review the proposed legislative package,
establish priorities, and adopt the attached Resolution.
SR~
Attachments
AGENDA ITEM ~ L F
DATEJ-i-9g
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IIY 1___
.GIINDA
OI'IY OIl ...1 ---ON
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Outline of the
FY 1999 Federal Agenda
for the City of Miami Beach
I. Jran~portation InfrastructurelIntennodal Surface Tram~portation Efficiency Act
. Electrowave IlnterDlodal Transfer Station
(Phase II of the Electric Shuttle)
. Bridge & Waterway (Seawall) RestorationIRehabilitation Program
. Potential New Initiatives
II. EBvironmental Erosion and Water Related Initiatives.
. Miami Beach Canal Restoration Initiative
. Wastewater & Sewer System Improvements
. Beath Renourishment
flI. Law Enforcement/Crime Pnvention Issues
. Dedicated legislative support for Miami Beach Juvenile Justice Crime I
Prevention Initiative & pursue additional Federal discretionary grant funds for
juvenile justice
. Universal HirinelCommunity Policing program, and the MORE/COPS
Progra~eparlmentofJustite
. Retain anDual Federal fllnding for the Local Law Enforcement Block Grant
IV. Investments in the DEvelopment oribe Arts
. Increased funding for National Endowment of the Arts (NEA)
to level'2ge the Miami Beach Cultural Arts FUDd and to secure federal
investment for arts activities in MiaIDi Beach
v. Housing and Community DevelQoment Isllues
. Secure authorization for the Historic Homeowner Tax Credit
VI. Land Use Issues.
. Private Property Rights
VII. Land Acquisition
. Acquisition of additional waterfront parks and recreation property
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I. TRANSPORTATION INFRASTRUcruREJINTERMODAL SURFACE
TRANSPORTATION EFFICIENCY ACT
As you may know. Congress was unable to complete action on the reauthorization of the
lntermodal Surface Transportation Efficiency Act (ISJ'EA) but plans to resume action on the
current. and nearly complete, legislative vehicle, the Building Efficient Surface Transportation
Equity Act of 1997 (BESTEA). when Congress reConvenes on January 27, 1998. As the City of
Miami Beach submitted two projects for funding consideration as "demonstration projects" in
the legislation, we undoubtably wi// to continue to pursue these first two objectives in the FY99
Cycle.
· Electrowave /Intermodal Transfer Station
As a result of the postponement of work on the reauthorization of the IntermodaI Surface
Transportation Efficiency Act, the City of Miami Beach is again making its top priority,
funding for Phase II of its Electric Shuttle Park and Ride Denwnstration. The proposed
project would provide a ttansportation center/terminal that would centralize area
transportation services, while simultaneously providing convenient, and safe access to
parking and other services that would potentially reduce traffic congestion, parking
shortages, and improve the environment. The City proposes a transportation hub that
would include: a multi-modal center that will also incorporate parking, an electric bus
shuttle terminal with a charging facility and maintenance area, small shops, a
transportation store, a visitor information center, and a communication center.
One of the primary objectives of the project is to reduce the demanding parking and
traffic problems in the south and middle beach areas -- where the problems already
greatly exceed the existing parking and roadway system -- through the development of
this comprehensive park and ride system.
The center will serve as a connector for the future east west corridor that will link
together the Palmetto Expressway, State Road 836, the Miami Intermodal Center at
Miami International Airport, downtown Miami, the seaport, and the island City of Miami
Beach.
In sum, the City hopes to achieve the following results: 1). Reduce traffic congestion on
major arterial roadways; 2). Create a safe, convenient multi-modal facility that supports a
park and ride program -- utilizing the shuttle system for movement in the core project
area; 3). Reduce the demand for on-street parking; 4). Reduce the deterioration of local,
state and federal roadways in the core area; 5). Reduce wear on existing bridges (many of
which are in severe condition); 6). Preserve the historic significance of the Art Deco
District; 7). Support car/van pooling in the multi-modal center, 8). Provide access to
charging facilities for alternative fueled vehicles; and 9). Improve air quality and reduce
noise pollution in the busiest area of Miami Beach.
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Authorization O~ective:
To secure $6.317 million in Fiscal Year 1999 federal
support, as part of a multi-year authorization within ISTEA
as an Intennodal Demonstration Project of $21 million.
Appropriation Objective:
To secure $6.3 million in Fiscal Year 1999 appropriations
support through the FY99 Transportation and Related
Agencies Appropriations Bill.
. Bridge & Watenvtl)' RestorationIRehabi/itation Program
Beginning in 1980, the City of Miami Beach began experiencing a turnaround with
steady growth in tourism activity, an unprecedented influx offoreign visitors, and a
renewed interest in the South Beach Art Deco Historic District. Other examples of
growth and construction included the development of an established art colony, and the
headquarters of the New World Symphony Orchestra, the Miami City Ballet, and MTV
Latino and Sony Disco. Along with this rapid growth, however, is the necessity to
expand hotels and accommodations, along with restaurants and nightclubs, etc.
Unfortunately, along with the growth came an influx of cars and delivery vehicles, with
no room to expand or construct new roadways. With all of the above coming together,
we now have the fonnula for a transportation and parking crisis_
At the same time, the City of Miami Beach is a network of aging bridges, seawalls and
waterway connections, making the City virtually unique in the nation for an intennodal
transportation approach. While other coastal cities may have some of these same
elements, no other city has the population influx and intensity of utilization of these same
kinds of bridges, waterways and seawalls as does the City of Miami Beach. Their
potential and age combine to present Miami Beach and the State of Florida with a
significant challenge and opportunity.
We envision a two-part waterway transportation initiative.
Bridges: The City of Miami Beach is a barrier island with a total area of approximately
7.5 square miles. It is bounded on the west by Biscayne Bay, on the north by the City of
Surfside, on the east by the Atlantic Ocean and on the south by Government Cut with an
estimated population of apprOJC:imately 93,000 (not including seasonal population).
Additionally, the City's image of sun, sea, sand, beaches, boating, fishing and fun attract
tourists from allover the world.
The City contains 24 individual islands, eleven of which are manmade islands in
Biscayne Bay west of the main island. The City's islands are connected through a
network of bridges which provide the vital link for transportation within the City.
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Furthermore, vehicular access is provided to the City from the mainland via four separate
Causeways. A total of 44 vehicular bridges and 4 footbridges comprise the bridge
network within the City.
The State systematically schedules and funds the replacement of bridges (not including
footbridges) at a cost of approximately $1.2 million per bridge. One bridge is under
construction,. three bridges are scheduled for replacement and one bridge is closed but not
scheduled for replacement.
The City is responsible for maintaining the footbridges and 28 of the 44 vehicular
bridges. The remaining bridges are maintained by either the County or the State. There
are 24 bridges not currently closed or scheduled for replacement, over haIf of which were
constructed between 1926 and 1955. The bridges which are not scheduled to be replaced
within the next two years require maintenance at an approximate cost of$1,240,OOO.
In several cases. the loss of a bridge could constitute the complete isolation of an entire
island neighborhood. For example, in one case approximately 321 homes would be
severely impacted. Additionally, the following services to the community would be
affected: emergency vehicles, construction, equipment, garbage pickup and public
transportation.
Seawal/$/Waterwavs: The City of Miami Beach has approximately 39 miles ofwatemont
properties with seawalls. The seawalls act as a barrier which protects properties from
tidal action_ Loss of seawalls can result in loss of property and pose a danger to
waterway navigation. Also an WIsafe seawall, which may collapse into the navigable
waterway, should be an obstacle to other governmental agencies which have jurisdiction
within the waterways such as Dade County Environmental Resources Management
Department, U.S. Coast Guard, State of Florida Department of EnvironmentaI Resources
and U.S. Corps of Engineers.
lndividual property owners are responsible for the maintenance and repair of seawalls.
However, the City is required to protect property and life and. therefore, maintains the
responsibility for ensuring that the seawalls are adequately repaired or replaced. In many
cases, the property owners may not immediately pay the required expenses and, therefore.
the City must fund the improvement WItH such time as they are reimbursed.
There are approximately 2,300 properties on the Biscayne Bay side of the City of Miami
Beach with frontage on the water. An estimated 36% of these properties (826 properties)
have seawalls which require upgrading at an approximate cost of $30 million. A
schedule for the required seawall improvements will be established once a funding source
has been identified.
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Obiective:
To secure a multi year $1.8 million authorization as a demonstration
project within the reauthorization of the Intennodal Swface Transportation
Efficiency Act. (ISlEA)
. Potential New Trllnsportation Demonstration Project
lbrough our meetings with City Officials, we are aware of the City's desire to, if
possible. submit a new demonstration project for consideration. Unfortunately, at the
time of the drafting of this Agenda, the House Transportation and Infrastructure, the
Committee with jurisdiction over the legislation, has not made a decision with regard to
the modification or substitution of projects which were required for formal submission in
February of1997.
One possible new initiative for which we may explore an additional ISTEA opportunity
would be the Mirabella Property. The City has expressed concerns over the potential
development of the property, which lies at the apex ofa hazardous split in U.S. A-IA.
Should the decision be made to allow changes, additions, etc. to the lot of projects
currently being considered, we will work with the City to address these new
transportation needs which have developed over the course of time.
II. ENVIRONMENTAL, EROSION, AND WATER RELATED INITIATIVES
. Miami Beach Canal Restoration lniti4tive
The City of Miami Beach exists primarily as a group of barrier islands with the Atlantic
Ocean on one side and Biscayne Bay on the other. These closely grouped islands are
separated by a system of canals and waterways that encompass an area of approximately
39 miles. Over the years, the canals that crisscross the City of Miami Beach have become
polluted by linering, wind blown trash and illegal dumping. In many areas, the canals
and their banks are also overgrown and choked by exotic nuisance plant species.
The City of Miami Beach proposes to implement a city wide canal cleanup effort and
restoration. In conjunction with local enviromnental organizations, workers would travel
along the canals from the shoreline, and in boats with divers, removing trash and debris.
The City's Sanitation, Public Works, Parks and Enviromnental Departments would also
provide assistance with large debris removal, water quality monitoring, and to ensure that
proper disposal methods are utilized.
Concurrent with these efforts, the second phase of the project would be to replace the
often crumbling or othetwise damaged seawall with an innovative "living seawalL" This
would consist of removing the existing seawalls at the water line, leaving the underwater
wall intact, except in areas where the l.Ulderwater wall has been compromised. where it
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would be replaced. Large boulders would be placed at the waterline, with smaller
boulders being stacked at a 45-degree angle to a level comparable with the top of the
previous seawall. Native plant species will then be placed along the edge of the
breakwater to stabilize, reinforce and protect the shoreline. Finally, the City would
complete the project with the installation of an interpretive traillbikepath and other access
improvement creating a much more effective erosion control device and urban wetland
preserve and waterfront park for public enjoyment.
Objective:
To secure $1.5 million as an FY98 EPA Demonstration project that would
provide cleanup and restoration of the existing canal system, replacing
existing seawalls with innovative low maintenance "living seawalls."
. Water Sewer
The existing drinking water system is owned, operated. and maintained by the City of
Miami Beach serving customers within the city limits. The potable water facilities
include a water distribution system extending throughout the City, five existing water
booster pump stations, and four welded steel ground storage tanks. Plans exist for a sixth
water booster pump station. The City's potable water is supplied exclusively by the
Miami-Dade Water and Sewer Department (W ASD), the department of the County that
oversees operation of the County's water and sewer system.
The water distribution system has approximately 151 miles of water mains ranging from
6 inches to 36 inches in diameter. The water distribution system currently serves
approximately 11,123 retail customers along with 958 fire hydrants and 622 fire lines,
encompassing 23,000 valves of various sizes. The system has 11,415 service
connections.
The existing sewer system is also owned, operated and maintained by the City and serves
all customers within the corporate limits. All land usage must connect to the sanitary
sewer system as a manner of City policy, and there are no septic tanks in operation within
the City. The system consists of 152 miles of lines, including both gravity Sewers and
pressurized force mains, and 23 wastewater pump stations. The wastewater system
currently serves approximately 9,636 retail customers.
All wastewater generated within the City is sent to the W ASD Central District
wastewater treatment plant on Virginia Key for treatment and disposal. The 54-inch
force main which conveys the wastewater to the plant is a subaqueous force main running
from South Pointe under Government Cut to Virginia Key. This force main is owned and
maintained by W ASD. The County's wastewater collection, transmission and treatment
system is divided into three districts referred to as the North, Central and South Districts,
each served by its own wastewater treatment plant.
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Five-year Capital Improvement Program
The City has adopted a five-year Capital Improvement Program containing those projects
needed in order to replace and upgrade components of the Water and Sewer Utility and to
provide for the demands to be placed upon the Water and Sewer Utility by projected
growth. In connection with the water system portion of the five-year Capital
Improvement Program, all four of the Water and Sewer Utility's existing storage tanks
will be replaced, all five of the existing water booster pump stations will be renovated and
upgraded and most of the water mains throughout the System will be either cleaned and
lined, or replaced and/or extended.
The wastewater components of the five-year Capital Improvement Program emphasize:
(1) improvements to the wastewater pump stations, and (2) improvements to the gravity
collection system to reduce the amount of infiltration and inflow into the wastewater
system.
The cost of the projects included within the five-year Capital Improvement Program is
estimated at $105,208,000.
Objective:
The City is seeking a 90%-10% local/F ederal split of the total cost through
the wastewater account within the EP A. The total Federal share for this
project is approximately $10.1 million.
. Beach RenOIll'ishmenl
As you may recall~ Dade County received large appropriation for beach renourishment
activities in the Fiscal Year 1998. As a result of this. we expect that Congress will only
appropriate a small sum in Fiscal Year 1999. if they give Dade any funds at all.
Notwithstanding these facts, the City of Miami Beach stands behind the FY99 Dade
County request for beach renourishment funds, whatever that figure may be.
III. LAW ENFORCEMENT I CRIME PREVENTION ISSUES
The City of Miami Beach has been a successful participant in several federally-supported crime
prevention, policing, and law enforcement programs -- including the Community Policing
Universal Hiring and MORE programs, the Local Law Enforcement Block Grant, and Gang
Prevention. Nonetheless, the City is committed to further enhancing and increasing itS
commitmentS and involvements in this arena, and accordingly, seeks to pursue several of the
following objectives:
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. Dedicated legislative support/or Miami Beach Juvenile Justice Crime I Prel1ention
InitiJltive
The City of Miami Beach and the Miami Beach Police Department are currently working
to create an innovative juvenile crime prevention program for which direct funding would
be sought on the Federal level. The initiative will capitalize on the Congress' current
desire to assist local governments in preventing juvenile crime in its early stages, which is
evident from their appropriation of a large pot of funds, for just these kinds of activities,
in Fiscal Year 1997 for the Department of Justice.
Objective:
To secure specific funding through the FY99 Commerce, Justice, the
Judiciary and Related Agencies Appropriations Bill. should an initiative
be approved by the City.
. Universal Hiring/Community Policing Program, and the MORE/COPS
ProgramlDeparlment of Jusiice.
The City of Miami Beach has submitted its request for its FY1998 allocation of Universal
Hiring funds to enable to City to further expand its crime prevention and law enforcement
manpower. We seek to secure final approval of the FY1998 award, and your continued
support as we submit our FY1999 proposal.
. Local Law Enforcement Bwck Grant.
The City of Miami Beach is also a strong supporter of the Local Law Enforcement Block
Grant to local governments. Annually we receive approximately $408,066, supplemented
by a local participatory match, that enables us to support the critical equipment, training
and resource development needs of our local forces. This is a federal program actually
conceived and authored by our Florida Congressional Delegation, i.e., the Honorable Bill
McCollum. Despite the lack of a request by the Administration to fund the program in
FYI 998, Congress funded the block grant at $523 million. which will mean that funding
levels should remain stable. We seek your assistance to:
Ensure that the program is continued in FY1999 -- both authorized and funded
through the appropriations process.
Ensure that the statistics and data being utilized by the Department of Justice are
indeed accurate, and reflect the true needs of the City of Miami Beach.
. Pursuit of Federol Discretionary Grant programs.
Congress also provided significant increases in funding of a wide range of criminal
justice law enforcement and crime prevention initiatives in FY1998. Overall Juvenile
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Justice funds increased by $313.5 million. 'This increase should clearly mean increased
resources to the City of Miami Beach over the course of next year. We are undertaking a
complete and thorough review of all opportnities, -- from the new Juvenile
AccoWltability Incentive Block Grant, to other law enforcement and crime prevention
programs provided for in the Crime Bill and in the FY 1999 appropriations bill for the
Department of Justice. We do plan to pursue a number of these new initiatives, as
appropriate, and will be seeking your support on a new targeted campaign to expand the
City's participation in these programs.
Similarly, a number of the Federal crime prevention programs are allocated to the State
government level. While, participation at the substate/local government level has not
always been possible, we will continue to explore ways the City can connect at the
Federal and state level to receive increased criminal justice funding.
IV. INVESTMENTS IN THE DEVELOPMENT OF THE ARTS
Given the critical importance of the arts to the quality of life, economic development, and social
structure of the City of Miami Beach, the City is exploring a major dedication of new resources
into the development and promotion of the arts. The City is therefore committed to the following
objectives:
. To secure the successful reauthorization and refunding of the NEA in FY98, including
funds that reward local governments for a demonstration of extraordinary financial
commitment to the arts.
. To secure Congressional Delegation support for a potential series of grant applicatioris to
the NEA recognizing the extraordinary commitment of the City in developing its MiIlmi
Beach Cultural Arts Fund and assisting them in growing this fund.
V. HOUSING AND COMMUNITY DEVELOPMENT ISSUES
. SecUTe Authro,.;7.fltionfo, the Historic Homeowner Tax C,.eda
Targeted tax legislation recognizing critical importance o/historic properties --
ownership and rehabilitation.
As you may know, unsuccessful attempts were made by Congressman E. Clay Shaw, Jr.,
last year to pass this piece of legislation which he authored. Once again, the City would
reiterate its support for targeted tax provisions that recognize the importance of historic
rehabilitation and historic ownership issues.
The City of Miami Beach strongly supports legislation known as the Historic
RehabilitationlHistoric Homeownership Home Tax Credit. This legislation is supported
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nationally by the National Historic Trust and would reinforce the City's commitment to
historic properties.
Further, the City of Miami Beach is long and well committed to the rehabilitation of
certain major beach properties in connection with the Convention Center development.
Accordingly, we need to ensure federal agreement and approval of the utilization of
existing tax code provisions, i.e., the Rehabilitation Tax Credit, to these critical
initiatives.
VI- LAND USE ISSUES
. Private Property Rights
The City of Miami Beach is aware of legislation which was passed by the House of
Representatives in 1997 entitled, H.R. 1534 the so called "Private Property Rights
Implementation Act of 1997." It is highly likely that efforts will resume this year on the
bill's Senate companion, S. 1256.
This legislation would allow developers and property owners to circumvent the local land
use and zoning approval process, and instead, allow petitioners to take their cases
immediately to federal court, if a local land use and zoning agency denies their land use
request. Efforts are currently underway acroSS the country to rally states, counties, and
cities to oppose this legislation. The City of Miami Beach agrees wholeheartedly with
this opposition and, therefore has included it on its Fiscal Year 1999 Federal Agenda.
VII. LAND ACQUISITION
. Acquisition of additional waterfront parks and recreation property in the City of Miami
Beach
The City of Miami Beach will explore the possibility of acquiring additional waterfront
parks and recreation property through the Department ofInterior and/or other appropriate
resources.
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