OIG No. 20-17: Investigation of West Avenue Improvement Project Phase II
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FINAL REPORT
TO: Honorable Mayor and Members of the City Commission
FROM: Joseph Centorino, Inspector General
DATE: August 17, 2020
RE: West Avenue Improvement Project, Phase II
OIG No. 20-17
Introduction:
This review was opened at the request of Commissioner Mark Samuelian after he received
complaints from residents regarding Phase II of the West Avenue Improvement Project
(hereinafter the “Project”) and, specifically, the proposed location of a stormwater pump
station and above ground components. The residents involved reside in various buildings at
the west end of Lincoln Road. The pump station’s above ground components include an
electrical panel platform, FPL electrical vault and a permanent emergency generator. The
proposed location for the above ground components is in the median at the west end of
Lincoln Road. The residents reside in the buildings on the perimeter of this proposed location
and will be the most affected. One resident owns a hotel directly in front of the proposed site.
The residents want the City to consider a different location for the above ground components,
if not the entire pump station. They have complained that City staff has been unresponsive
and unprofessional and that the process has lacked transparency. While it is not the role of
the Inspector General to opine on the location of the proposed pump station and above
ground components, the preamble to the IG enabling ordinance states, in part, that the City
of Miami Beach is committed to high standards of ethics, transparency, and accountability,
and it is towards this goal that these limited findings are presented.
Additionally, it is not within the scope of this review to examine each individual’s interaction
with City staff. Rather, the review focuses on the specific time period from the proposed
decision to site the above ground components in the median at the west end of Lincoln Road
to the present and the performance of City staff interacting with those most affected in terms
of responsiveness, efficiency and transparency.
A draft copy of this report was provided to each resident and staff member named in the
document. Three of the staff members, Ms. Lauren Firtel, Mr. Kevin Pulido and Mr. Nelson
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Perez-Jacome, responded in writing with extensive comments, as did the City’s contracted
Public Information Liason, Ms. Heather Leslie. The final report takes their comments into
consideration to the extent that they are relevant and within the parameters of this review.
They all thought that limiting the time frame was not a fair or complete picture of their overall
work given the number of years this project has been ongoing. However, this inquiry was
never intended to be an assessment of the City’s communications efforts and public outreach
since the project’s inception in 2017, nor an evaluation of their overall efforts on projects
throughout the City.
The OIG notes that the effectiveness of the City’s community outreach was recently
addressed at the July 24th Commission meeting during a discussion about the location of a
pump station in South Pointe Park. As in this case, some residents within the South Pointe
Community believe they have been excluded from the City’s outreach efforts. Commissioner
Richardson stated that he had concerns about process and outreach and was troubled by the
process he had seen on the West Avenue Project, as well as the South Pointe Project.
Commissioner Meiner shared his concerns about the notification process and indicated that
he has sponsored an item regarding notification to residents. Commissioner Richardson
stated that he intended to bring an item to the September Commission meeting that would
address minimum standards and protocols to be followed for effective community outreach.
The City Commission is scheduled to vote on the location of the pump station for West
Avenue at its September 2020 meeting.
The OIG appreciates the comments from the staff. All responses have been made part of
the OIG file.
BACKGROUND:
When the Project was originally planned, the stormwater pump station was designed to be
smaller and with limited electrical needs. The components fit easily at the seawall on the
west end of Lincoln Road. As a result of the City’s engagement with the Urban Land Institute
and Resilience Accelerator in 2018, as well as its findings after examining the Project, the
Commission asked the design builder to redesign the pump station so it could manage a ten-
year storm event, rather than the previously planned for five-year storm event. The original
design did not include an emergency generator.
The first public meeting after the redesign took place was on May 2, 2019. The City sent
emails, made phone calls, advertised in the Miami Herald, utilized social media and briefed
two neighborhood associations prior to the meeting. There was a PowerPoint presentation
and a question/answer opportunity for residents. Approximately seventy people came to the
meeting. At the May 2nd meeting, the City team proposed locating all the components of
the pump station at the west end of Lincoln Road in the cul-de-sac. Many residents objected
strongly to this decision, preferring that the pump station and above ground components go
into a nearby commercial area or, at the minimum, in the median immediately west of Alton
Road, which is similarly commercial. The most affected buildings were 1450 and 1441
Lincoln Road. When those residents objected, the design build team explored other
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possibilities, ultimately proposing to place the above ground components in the median of the
residential area at the west end of Lincoln Road.
There was not a single publicly noticed meeting to explain this change. According to Mr. Raul
Aguila, the City Attorney, neither the West Avenue Project nor the location of the pump station
for West Avenue requires a public hearing prior to the deliberation and decision-making
process. The lack of legal necessity has been echoed by Mr. Kevin Pulido, who served as
the City’s Community Resource Coordinator during the time frame considered in this report
and is now the Neighborhood Affairs Manager. Nevertheless, they both stated that the City
does try to build consensus.
To that end, there was a meeting with the City Manager scheduled in October,2019 for
residents who live on the perimeter of the median location, which was cancelled at the last
minute. There was also a meeting at the Gaythering Hotel, a perimeter property, in November
2019, to which the City team was invited. At this meeting, the City team showed a PowerPoint
presentation and answered questions. According to the owner of the hotel, approximately
thirty-five residents attended. The minutes from this meeting reflect that the residents
requested the Project team reassess the other potential locations and provide a different area
for the pump station. The Project team asserted that they would internally discuss additional
solutions and the concerns heard at the meeting and provide follow-up. On December 6th
and 13th, the Project team members met with representatives from 1400 and 1409 Lincoln
Road to discuss the proposed median concepts of the pump station generator and above
ground features. A review of the meeting summaries shows that a representative from 1400
Lincoln and Stephan Ginez attended. The residents again asked for the City to provide
documentation to show that other alternative locations were not feasible. They were told that
the team was working on a memo from the Engineer of Record. It was not until April 13,
2020, in a Letter to the Commission, that the residents first learned about the analysis of other
sites. The letter of opinion, which discussed alternative locations, was dated February 24,
2020 and had never been shared with the residents.
In his Letter to Commission dated April 13, 2020, the City Manager explained how the new
size of the above ground components resulted from the redesign after the Resilience
Accelerator. The larger components, he said, are grouped into three main systems: pump
station controls (approx..30.5’ L x 20.5’ W x 13’ H); an auxiliary power generator (approx. 34’L
x 14’ W x 15’ H); and an FPL Vault (approx. 34’L x 20’W x 13.1H). In light of these changes,
it was determined that the original location at the seawall end of Lincoln Road was
problematic. The Engineer of Record opined that locating the pump station in the median at
the west end of Lincoln Road with the above ground components was the best alternative.
The residents who complained to Commissioner Samuelian claimed that this decision was
made without their involvement, and was forced upon them without their input even though
they had regularly reached out to members of the City team and requested design plans,
renderings and analysis of other locations. Some claimed they needed the information to hire
their own engineers to support their request to relocate the above ground components, and
that they were not afforded this opportunity.
In her response to the OIG draft report, Ms. Heather Leslie, a contracted Public Information
Liaison who has been on the West Avenue Project since its inception, stated that “the
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presentation itself (at the Gaythering in November) was the analysis performed by the design-
build team and was emailed on November 25, 2019 to the representative of the Lincoln Road
Neighborhood Association as requested. Additionally, the presentation was emailed to the
West Avenue Neighborhood Association and Mr. Stephan Ginez also on November 25, 2019,
for their use as requested.” The minutes from the meeting show that the Engineer of Record
explained that there were complications with the alternative locations, identified in a series of
bullet points, but there was not an analysis as requested by the residents. The lack of analysis
was also raised by Commissioners Samuelian and Gongora at the May 6th Land Use and
Sustainability Committee meeting. At this meeting, the residents had an opportunity to
publicly react to the proposed location of the generator in the median of their neighborhood.
As a result of their objections, the Committee voted to have the design-build team perform a
feasibility study for an alternative location. Commissioner Samuelian asked for a thorough
vetting of options. The results of the feasibility study are currently scheduled to be heard at
the September 2020 Commission meeting.
While some of the residents in the area believed the City was being non-responsive, others
were actively engaged with members of the project’s team on issues of green space and
creative coverings for the generator. Ms. Leslie explained that their strategy was to build
consensus with the buildings most impacted by the median location and then approach the
rest of the residents. However, she noted, if there were another resident or building
representative with questions regarding the proposed location of the pump station generator
and above ground components, those questions were addressed. “This was not a design to
keep residents in the dark, but there needed to be an approach to try and build consensus”
she said.
The City did offer office hours on Fridays from 10:00 AM to 12:00 PM starting in December
2019, at which Project team members were present and ready to answer questions.
However, the meetings were poorly attended by residents. Ultimately, the meetings were
held by appointment only. Ms. Leslie was directed to attend the Friday meetings to answer
questions if residents appeared. Ms. Leslie told Special Agent Singer that if a resident did
appear, she would find the staff member who could provide an answer if there were
something she did not know. Many of the questions were technical and required engineering
details that she could not provide. Consequently, Ms. Leslie would email the project team
and wait until a response was provided and approved for release. According to Mr. Pulido,
the delay was a result of the Project team’s attempt to answer each question and scenario
proposed by the public, some of which required detailed analysis. This dynamic seems to
have added to the frustration felt by residents. There was not a single designated person with
the knowledge and expertise available to answer their questions directly.
While the City has done extensive outreach with this project since its inception in 2017, it has
ebbed and flowed due to various studies over time according to Ms. Firtel. From November
14, 2017 through October 1 ,2019, public meetings were held with the community,
including the West Avenue Neighborhood Association (WAVNA), the North of Fifth
Neighborhood Association (NOFNA), Lincoln Court Neighborhood Association, to present the
findings of the Resilience Accelerator Workshop as well as numerous one-on-one meetings
with residents wishing to discuss harmonization. However, as stated previously, this review
pertains to the outreach done after October 2019, when it was proposed that the above
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ground components be placed in the median of the residential neighborhood located at the
west end of Lincoln Road. Ms. Firtel, the former Public Information Specialist in the Office of
Capital Improvements, in her response to the OIG draft report, stated that it is important to
note that the project impact and benefits affect the entire West Avenue corridor and side
streets. She raised a concern that “if/when the pump station location is altered by current
neighborhood objections and “not in my backyard” resident views, we may end up having the
same debate about whatever the next location is with a different group of residents.”
Review:
Special Agent Singer spoke with each of the residents who emailed Commissioner
Samuelian, as well as community activists who reached out when they learned of the review.
Special Agent Singer also met in person with members of the board at 1450 Lincoln Road,
the original location of the above ground components, and Stephan Ginez, the owner of the
Gaythering Hotel, the property most affected by the above ground components being placed
in the median. According to the residents, the first time they learned about the increase in
the size of the above ground components was at the one and only publicly noticed meeting
on May 2, 2019.
A representative from RIC-Man Construction (the contractor), the Senior Capital Projects
Coordinator from the Office of Capital Improvements and the Director of Environment and
Sustainability Department were all present at the May 2nd meeting to answer questions.
Approximately 70 residents signed in for the meeting according to the sign-in sheet. During
the presentation, it was represented that the Lincoln Road pump station was still in the design
development phase, but it was clear that it would be located at the west end of Lincoln Road.
Special Agent Singer reviewed the minutes of the meeting. Highlighted in the meeting
minutes is the following statement, “Need to elaborate based on our conversation re: this is
the only area feasible, feasibility study already happened, other areas already pulling their
weight.” The note was written by Ms. Firtel, who is currently the Neighborhood Affairs
Coordinator for the Communications Department. Special Agent Singer asked Ms. Firtel the
meaning and context of this note. Ms. Firtel stated that the communications team was
compiling information for an FAQ (Frequently Asked Questions) brochure they were
developing for residents. The note was intended to encourage the project team to
elaborate/provide more information so that the FAQs could be answered more thoroughly.
After the May 2019 meeting, residents in the 1450 and 1441 Lincoln Road buildings objected
to the location of the pump station in the roundabout at the west end of their street. According
to Sabrina Baglieri, the Senior Capital Projects Coordinator, in June and July 2019 they
started to look at the feasibility of placing the above ground components in the median. The
City proposed moving them to the median and started to refine the concept. In September
2019, the team had meetings with the residents from 1400 Lincoln Road and Mr. Ginez. The
Project team explained the need for the pump station, generator and FPL vault to be located
nearby for safety reasons. The residents were told that a breakdown of alternative locations
was being developed to show the pros and cons of each possibility. Renderings were also
being developed so that residents could visualize the median. Residents were given the
opportunity to voice their objections. The City also met again with residents of these
properties in December 2019 to continue their discussion about the proposed median concept
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for the generator. The complaining residents stated that, as the design progressed to near
completion, with the above ground components in the center of the median, the
communication with the City became one-sided and no other feasible options were discussed.
In addition to complaints about the community outreach efforts, Commissioner Samuelian
also received a specific complaint regarding the City Engineer, Mr. Nelson Perez-Jacome,
and asked the OIG to review the matter. The complaint came from a resident who lives at
1400 Lincoln Road. She reported that the City Engineer attended a meeting with other City
employees at her building in September 2019 to discuss harmonization. During the meeting,
a number of the residents expressed their opposition to the location of the generator in their
neighborhood. It was reported that Mr. Perez-Jacome became very irate and stated that he
already considered another location, that he personally disapproved, and there were no other
feasible sites. He was heard saying, “I am not signing off on any location but here” and “it’s
gonna happen here whether we like it or not.” This was corroborated by two other people who
were present at the time.
Special Agent Singer discussed this over the phone with the City Engineer in May and again
in June. Additionally, Special Agent Singer and the Inspector General, Mr. Joseph Centorino,
met with Mr. Jacome-Perez in person in July. At all times, Mr. Perez-Jacome stated that he
unequivocally disagreed with the accuracy of the statements. In his written response to the
OIG draft report, Mr. Perez-Jacome stated:
“I am by no means personally vested in the location of the pump station. My duty as a City
official is to provide all of the City’s constituents with the highest level of service. In
discharging this duty as the City Engineer, I neither became irate nor personally disapproved
of the location…the designer of record, at the time, recommended the location of the pump
station. As a City official my job is to ensure that the engineering behind the recommendation
is sound. As such, what I stated at the meeting, was that the designer of record
recommended this as the best location from an engineering perspective and the City’s
engineering department concurred with the recommendation. I also stated that the designer
of record reviewed other sites prior to making this determination and those sites were not
chosen due to various feasibility concerns.”
He stated that he told the residents,
“…the current recommendation was to site the pump station at the Lincoln Road street
end and to site the above components along the 1400 block of Lincoln Road. I also invited
the residents to share their opinion regarding the pump station site with their representatives
and with City staff when the project is discussed at a committee or commission meeting.”
With respect to the November 2019 meeting, Mr. Perez-Jacome stated that,
“During the meeting at the Gaythering Hotel, there were many City personnel,
contractors, and consultants present. I personally did not state we would consider
other siting options. Other options, such as, moving of the above ground control
panels were considered and for safety reasons were not pursued.”
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The OIG presented both sides of the complaint. It is always important for City staff to engage
with residents in a professional manner to avoid these situations.
CONCLUSION:
It is clear that a number of residents in the Lincoln Road corridor did not have any information
about the pump station and proposal for the above ground components. Part of the City’s
strategy relies on residents, including board Presidents/representatives, property managers
and with homeowner or neighborhood associations, to disseminate accurate information to
others in the community. However, a number of the residents in the directly affected buildings
received no information at all about the proposed location of the above ground components
or had inaccurate information based on rumors. Kevin Pulido, the Neighborhood Affairs
Manager, as well as Ms. Leslie and Ms. Firtel, told Special Agent Singer that there was
significant misinformation among the residents of the buildings. Much of the misinformation
revolved around the design and functioning of the pump station and how the components all
work together.
According to Mr. Pulido, the approach of relying on neighborhood and association leaders to
disseminate information is challenging and the City risks losing the credibility of its
messaging. Ms. Firtel noted in her response to the draft report that the communications
team does not rely exclusively onboard presidents, property managers and homeowner
associations to convey information. To the contrary, they work to build a project database of
residents and business owners in the project corridor. This information supplements Ms.
Leslie’s three data bases that she utilizes to contact residents. Ms. Firtel said, “The catch is
that residents and business owners/managers have to opt in or provide their email addresses
or contact information so that we can keep them informed directly.”
Ms. Leslie and Mr. Pulido agree that, if the goal is to build consensus, the City should host,
notice and control the meetings. Both share the idea that there can never be too much
outreach. When the City hosts, it advertises in the city calendar and Miami Herald, sends a
citywide email, provides door-to-door distribution, and shares information on the City’s social
media platforms, as well as the NextDoor app. Phone calls are made to each building’s board
and property manager, but it is up to them to disseminate to the individual units. All of these
efforts provide more opportunity for citizen input, which is notably different from community
outreach, and recommended by the Urban Land Institute. Proof of this can be seen from the
May 2020 harmonization meeting that the city hosted via Zoom as a result of the Covid-19
pandemic. Approximately 150 residents tuned in to a controlled meeting and were able to
ask specific questions about their properties and what to expect as the project moves forward.
Mr. Pulido thinks there should be a publicly noticed meeting specifically for the Lincoln Road
area to address the project.
The residents who spoke with Special Agent Singer acknowledge the urgency of this project
but want the City to consider better community planning and, consistent with the ULI report,
a transparent process with robust two-way communications. Too many of the residents still
do not know about the changes occurring near their properties and the costs they will have
to incur as the project proceeds.
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The City is in the process of implementing communication strategies based on the Urban
Land Institute’s recommendations which may solve some of the issues raised by this review.
On October 16, 2019, the City Commission passed a Resolution approving and accepting a
formalized External Communication Plan. The Plan is based on the R.I.S.E. Guide, which is
an internal communications guide with models and frameworks derived from the field of
community psychology. The plan, recommended by the Urban Land Institute (ULI), serves
as a roadmap for City employees to communicate and engage with Miami Beach residents
on government resilience infrastructure initiatives. In his Commission Memorandum
recommending that the Commission adopt the Resolution, the City Manager acknowledged
that there has not been one coordinated plan that every Public Information Specialist follows
pertaining to outreach. He noted that this has led to various levels of communication and
documentation of those communications for each project. As stated above, Commissioner
Richardson intends to discuss standards and protocols at the September Commission
meeting.
The External Communications Plan aims to enhance resident communications and
engagement activity performance by increasing message consistency, trusting relationships
and knowledge-sharing between the local government and the public sector. The Plan is
meant to be a living document that is discussed among city team members, modified as
needed, and distributed to all project consultants and staff. The Plan includes a regularly
updated project website with timely information. The ULI urges two-way communication, but
this requires residents to do their part as well. It is hoped that more publicly noticed meetings
over Zoom or some other platform will ease community concerns and help, as much as
possible, to move the community forward in confronting the challenge of stormwater
management.
________________________________
Joseph M. Centorino, Inspector General Date
________________________________
Jani Kline Singer, Special Agent Date
OFFICE OF THE INSPECTOR GENERAL, City of Miami Beach
1130 Washington Avenue, 6th Floor, Miami Beach, FL 33139
Tel: 305.673.7020 • Fax: 305.587.2401 • Hotline: 786.897.1111
Email: CityofMiamiBeachOIG@miamibeachfl.gov
Website: www.mbinspectorgeneral.com
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