20160113 AAAfter Action January 13, 2016 Commission Meeting City of Miami Beach
R
City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
January 13, 2016
Mayor Philip Levine
Commissioner John Elizabeth Alemán
Commissioner Ricky Arriola
Commissioner Kristen Rosen Gonzalez
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visit us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, 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 City
Attorney.
To request this material in alternate format, sign language interpreter (five-day notice required), information
on access for persons with disabilities, and/or any accommodation to review any document or participate in
any City-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6;
TTY users may call via 711 (Florida Relay Service).
In order to ensure adequate public consideration, if necessary, the Mayor and City Commission may move
any agenda item to an alternate meeting date. In addition, the Mayor and City Commission may, at their
discretion, adjourn the Commission Meeting without reaching all agenda items.
Meeting called to order at 8:34:40 a.m., by Mayor Levine. He announced that, in his absence, Vice-Mayor
Alemán will be passed the gavel.
Inspirational Message given by Reverend Harold Thompson from the Miami Beach Community Church.
Pledge of Allegiance lead by Police Chief Daniel Oates.
Mayor Levine stated that about a year ago the City Commission decided to add items to the Commission
Agenda with at least a minimum of one week in advance, to give the public the opportunity to scrutinize and
understand the issue, with the exception of emergency items. Mayor Levine reminded his colleagues to
meet this timeline.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 1
After Action January 13, 2016 Commission Meeting City of Miami Beach
ADDENDUM MATERIAL 1:
C7I R9U
ADDENDUM MATERIAL 2:
C4H C4I C7J
R7R R9V
ADDENDUM MATERIAL 3:
R9W
SUPPLEMENTAL MATERIAL 1:
R5N Memorandum & Ordinance
R5S Memorandum & Ordinance
R9T Memorandum
SUPPLEMENTAL MATERIAL 2:
R5G Revised Memorandum & Resolution
SUPPLEMENTAL MATERIAL 3:
C4G Additional Information
R7A Memorandum & Resolution
R7B Revised Memorandum & Resolution
R7Q Title Change
R9D Memorandum & Final Report
SUPPLEMENTAL MATERIAL 4:
R5E Ordinance
R9G Additional Information
R9R Revised Memorandum
R9T Additional Information
SUPPLEMENTAL MATERIAL 5:
R7D Additional Information
9:19:39 a.m.
Rafael E. Granado, City Clerk, noted that Commissioner Arriola and Vice-Mayor Alemán would be listed as
co-sponsors on item C4H. He read the following into the record:
ITEMS SEPARATED:
C7J by Commissioner Arriola
C4A and C4F by Commissioner Rosen Gonzalez
C4B and C7C by Commissioner Grieco
C4A by Commissioner Malakoff
C4F, C4H and C7G by Commissioner Steinberg
ITEMS DEFERRED:
R7G to February 10, 2016
ITEMS WITHDRAWN:
R9M and R9T withdrawn by Commissioner Rosen Gonzalez
R7Q by Commissioner
R9F
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 2
After Action January 13, 2016 Commission Meeting City of Miami Beach
Recess for lunch at approximately 12:00 p.m.
City Clerk’s Note:
Pursuant to Ordinance 2015-3954, Sec. 2-12(3), addendum agenda items C4H, C4I, C7I and C7J have
been approved by Mayor Levine to be placed on the Commission Agenda. No additional vote is required.
City Clerk’s Note:
Sec. 2-12(3)
Addendum agenda items - Any item not included in the agenda submitted to the Mayor and City
Commission on the initial print day must be submitted by the City Clerk to the Mayor for a determination
whether the item is to be placed on the Agenda as an addendum item. If the Mayor declines to place the
item on the agenda as an addendum item, then the item shall be submitted to the City Commission for a
vote and the item shall only be considered at the City Commission Meeting upon a finding by the City
Commission, by a five-seventh (5/7th) affirmative vote.
ADDENDUM
9:19:06 a.m.
Motion made to add Items R9U, R9V and R9W to the Commission Agenda by acclamation.
CONSENT
9:19:42 a.m.
ACTION: Motion made by Commissioner Malakoff; seconded by Commissioner Grieco to approve the
Consent Agenda except separated items; Voice vote: 7-0.
CONSENT AGENDA
C2 - Competitive Bid Reports
C2A Request For Approval To Award Contracts Pursuant To Invitation To Bid (ITB) No. 2015-093-MC
Moving Services.
(Procurement/Property Management)
ACTION: Request approved. Alex Denis and Anthony Kaniewski to handle.
C2B Request For Approval To Issue A Request For Proposals (RFP) No. 2016-034-AK For Fire And
Police False Alarm Billing System.
(Procurement/Fire/Police)
ACTION: Request approved. Alex Denis, Virgilio Fernandez and Police Chief Oates to handle.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 3
After Action January 13, 2016 Commission Meeting City of Miami Beach
C2C Request For Approval To Issue A Request For Proposals (RFP) No. 2016-036-KB For Design/Build
Services For Police Station Building Firing Range Ventilation System Replacement Project.
(Procurement/Capital Improvement Projects)
ACTION: Request approved. Alex Denis and David Martinez to handle.
C4 - Commission Committee Assignments
9:21:58 a.m.
C4A Referral To The Neighborhood/Community Affairs Committee To Discuss Proposed Site Options For
New Fire Station No. 1.
(Capital Improvement Projects)
ACTION: Item referred. Item separated by Commissioners Malakoff and Rosen Gonzalez. Motion
made by Commissioner Grieco to refer to the Neighborhood/Community Affairs Committee and then
to the Finance and Citywide Projects Committee; seconded by Commissioner Malakoff; Voice vote:
7-0. Daphne Saba and Allison Williams to place on the Committee agendas. David Martinez
and Fire Chief Fernandez to handle.
REFERRALS:
Neighborhood/Community Affairs Committee first & then to the Finance and Citywide Projects
Committee.
Commissioner Malakoff stated that she believes this item should be referred to the Finance and
Citywide Projects Committee, as well as the Neighborhood/Community Affairs Committee, because
this could implicate possible loss of parking spaces and additional building expenses.
Commissioner Rosen Gonzalez suggested referring the item to the Historic Preservation Board. The
Fire Station was designed by famous architects Morris Lapidus and Norman Giller, and the building
should perhaps be turned into a community center.
David Martinez, CIP Director, stated that the building was not declared historic. There was a formal
assessment report that deemed the money spent on bringing the building to operational form would
not pay off over time due to its decay and age.
Fire Chief Fernandez stated that Fire Station No. 1 is in disrepair. $800,000 were allocated to paint
the station and change tiles, but further repairs would not be worth the effort, because the station
can no longer accommodate for today’s standards of fire trucks. He did agree that the City should
determine whether the building has any historical value.
Discussion continued.
City Manager Morales stated that this item is in the early stages of discussion and recommended
referral to the NCAC so that discussion could begin.
Discussion held regarding referrals.
Commissioner Malakoff agreed to refer the item to NCAC and then to FCWP.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 4
After Action January 13, 2016 Commission Meeting City of Miami Beach
09:27:47 a.m.
C4B Referral To The Finance And Citywide Projects Committee - Discussion Regarding Nonpayment Of
Stormwater Fees By Miami Dade County Public Schools.
(Public Works)
ACTION: Item referred. Item separated by Commissioner Grieco. Motion made by Commissioner
Grieco to refer the item to committee with direction to determine the best way to collect the money
owed by Miami-Dade School District; however, the direction is to pursue the collection of the money
owed; seconded by Vice-Mayor Alemán; Voice vote: 6-0; Absent Commissioner Malakoff. Allison
Williams to place on the Committee agenda. Office of the City Attorney and Eric Carpenter to
handle.
Commissioner Grieco stated that Miami-Dade School District has not been paying the City’s
stormwater fees, yet they are still enjoying the benefits the City provides.
Eric Carpenter, Assistant City Manager/Public Works Director, stated that the public school owes the
City just short of a million dollars. They are open to suggestions, and he believes the City should
have at least a discussion on how to handle. He added that all governmental agencies have been
paying the fee.
Mayor Levine stated that staff is looking for policy direction. He reminded the City Commission that
Miami Beach contributes a great deal to the School system, and the City should be paid what it is
owed.
Vice-Mayor Alemán stated this community has been doing its part with the School system, and is in
fact very generous. She highlighted that the PTA of North Beach Elementary contributed $250,000
for the district track and field and basketball court.
Commissioner Grieco suggested moving the referral, with the direction to determine the best way to
collect the money owed by the Miami-Dade School District. However, the direction is to pursue the
collection of the money owed.
C4C Referral To The Finance And Citywide Projects Committee - Discuss Seeking Citywide WiFi
Solutions And CMB Becoming Its Own Internet Service Provider.
(Sponsored by Commissioner Michael Grieco)
ACTION: Item referred. Allison Williams to place on the Committee agenda. Ariel Sosa to
handle.
C4D Referral To The Sustainability & Resiliency Committee - Discuss Implementing Citywide Textile And
Electronics Recycling.
(Sponsored by Vice-Mayor John Elizabeth Alemán)
ACTION: Item referred. Elizabeth Wheaton to place on the Committee agenda. Elizabeth
Wheaton and Eric Carpenter to handle.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 5
After Action January 13, 2016 Commission Meeting City of Miami Beach
C4E Referral To The Land Use And Development Committee - Discussion Regarding The City Of Miami
Beach’s Building Permit Application Process.
(Sponsored by Commissioner Ricky Arriola)
ACTION: Item referred. Thomas Mooney to place on the Committee agenda and to handle.
9:31:37 a.m.
C4F Referral To The Land Use And Development Committee - Discuss Ordinance Amending Height And
Setbacks For Mixed-Use Development In The Sunset Harbour Neighborhood.
(Sponsored by Commissioner Joy Malakoff)
ACTION: Item referred. Item separated by Commissioners Rosen Gonzalez and Steinberg. Motion
made by Commissioner Malakoff; seconded by Commissioner Arriola; Voice vote: 7-0. Thomas
Mooney to place on the Committee agenda and to handle.
Commissioner Steinberg explained that she wants this item to be discussed at Committee, but she
and many residents have concerns regarding this item.
Mayor Levine suggested having the item discussed first at Land Use & Development Committee.
Commissioner Rosen Gonzalez stated that the item is not clear, and residents are asking for
clarification.
Graham Penn, representing Deco Capital, explained the item, which he stated is still in draft form.
The Ordinance would allow additional height and setback reliefs for mixed-use projects that front on
Purdy Avenue, with 200-feet of linear frontage. They could go to 90-feet. There is also an additional
height of 60-feet for properties that are CD-2 properties on Dade Boulevard.
SUPPLEMENTAL MATERIAL 3: Additional Information
C4G Referral To The Neighborhood/Community Affairs Committee - Discuss LTC 001-2016 From The
LGBT Advisory Committee Regarding Implementing A Rainbow Crosswalk At The Intersection Of
Ocean Drive And 12th Street On Miami Beach.
(Sponsored by Vice-Mayor John Elizabeth Alemán)
ACTION: Item referred. Daphne Saba to place on the Committee agenda. Eric Carpenter to
handle.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 6
After Action January 13, 2016 Commission Meeting City of Miami Beach
09:35:12 a.m.
ADDENDUM MATERIAL 2:
C4H Referral To The Land Use And Development Committee - Discussion Regarding Short Term Rentals
In North Beach.
(Sponsored by Commissioner Michael Grieco)
ACTION: Item referred. Item separated by Commissioner Steinberg. Motion made by Commissioner
Grieco; seconded by Commissioner Arriola; Voice vote: 7-0. Thomas Mooney to place on the
Committee agenda and to handle.
Commissioner Steinberg explained that this item is being referred to committee, and residents who
would like to have their opinion heard can do so at the Committee meeting. She has spoken to many
residents who would like to see Miami Beach become less transient.
ADDENDUM MATERIAL 2:
C4I Referral To The Land Use And Development Committee – Discussion Regarding The Impact Of A
Partial Modification Of Ordinance 2014-3876, As It Relates To A FAR (Floor Area Ratio)
Interpretation.
(Sponsored by Commissioner Joy Malakoff)
ACTION: Item referred. Thomas Mooney to place on the Committee agenda. Office of the City
Attorney and Thomas Mooney to handle.
C6 - Commission Committee Reports
C6A Report Of The December 18, 2015 Neighborhood/Community Affairs Committee Meeting: 1.
Discussion Regarding The Possible Appointment Of A Dedicated Liaison To The 41st Street
Corridor. 2. Discussion Regarding Revisions To The Beachfront Concession Rules And Regulations.
3. Discussion Regarding A Competition Swimming Pool. 4. A Discussion Regarding The Convention
Center Park, And Veteran’s Plaza. 5. Discussion Regarding Multi-Use Asphalt Skate/Bike Pump
Track In North Beach. 6. A Discussion Relating To A Ninety-Nine (99) Year Ground Lease
Agreement Between The City And The Sabrina Cohen Wellness Center Project, Inc. For
Approximately 5,100 Square Feet Of City-Owned Land At Allison Park For The Proposed Wellness
Center And The Ballot Question Related Thereto. 7. Discussion Regarding An Innovative Bicycle
Parking System. 8. Discussion Regarding The Proposed South Beach Trolley Route And Service
Plan. 9. Discussion Regarding The Proposed Traffic Flow Modification For 42nd Street, Between
Prairie Avenue And Pine Tree Drive. 10. Discussion And Update Regarding Efforts Thus Far And
The Proposal To Conduct A Traffic Calming Study In The Nautilus Area. 11. Discussion Regarding
Citywide Street Light And Coverage Audit. 12. Monthly Crime Statistics Report.
ACTION:
1. Possible Appointment Of A Dedicated Liaison To The 41st Street Corridor.
NO ACTION TAKEN
2. Revisions To The Beachfront Concession Rules And Regulations.
DIRECTION: Come back to the next NCAC meeting.
3. Discussion Regarding A Competition Swimming Pool.
DIRECTION: Deferred to the next NCAC meeting.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 7
After Action January 13, 2016 Commission Meeting City of Miami Beach
4. Convention Center Park And Veteran’s Plaza.
DIRECTION: Deferred until this item is ready.
5. Discussion Regarding Multi-Use Asphalt Skate/Bike Pump Track In North Beach.
DIRECTION: Deferred until the completion of the North Beach Master Plan.
6. 99-Year Ground Lease Agreement Between City & The Sabrina Cohen Wellness Center.
DIRECTION: Commissioner Steinberg moved for the item to come back to the February NCAC
meeting so that there is an adequate amount of time to come back with viable options for
alternative locations. Unanimous approval.
7. Discussion Regarding An Innovative Bicycle Parking System.
DIRECTION: Come back to the next NCAC meeting.
8. Discussion Regarding The Proposed South Beach Trolley Route And Service Plan.
MOTION: By Commissioner Steinberg to move The Proposed South Beach Trolley Route and
Service Plan to commission with favorable recommendation, including less frequent service to
Belle lsle. Unanimous Approval.
9. Proposed Traffic Flow Modification 42nd Street, Between Prairie Avenue & Pine Tree Drive.
DIRECTION: Deferred to the next NCAC meeting.
10. Proposals To Conduct A Traffic Calming Study In The Nautilus Area.
DIRECTION: Commissioner Grieco moved item to January NCAC meeting.
11. Discussion Regarding Citywide Street Light And Coverage Audit.
DIRECTION: Develop a policy regarding lighting standards and rules for prioritization. ldentify
funding options, including grants. Bring back on a monthly basis to provide status reports after
outreach to community.
12. Monthly Crime Statistics Report.
NO ACTION TAKEN
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 8
After Action January 13, 2016 Commission Meeting City of Miami Beach
C7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager, Or His Designee, To Apply For, Accept,
And Appropriate Funding (Including Matching Funds And Any Related City Expenses), And Execute
Any And All Documents Or Agreements In Connection With Grants And Funding Requests From
The Following Sources: 1) Miami-Dade Metropolitan Planning Organization (MPO), Municipal Grant
Program In The Approximate Amount Of $50,000; 2) Miami-Dade MPO, Call For Ideas Program In
The Approximate Amount Of $150,000; 3) US Department Of Homeland Security, Assistance To
Firefighters Grant Program In The Approximate Amount Of $200,000; 4) Branches Inc., For Vita
Program Funding In The Approximate Amount Of $5,000; 5) Us Department Of Homeland Security
Emergency Food And Shelter Grant Program For Funding In The Approximate Amount Of $40,000;
6) Miami-Dade County Homeless Trust For Funding For Fiscal Year (FY) 2015/16 Funds In The
Approximate Amount Of $25,000 For The City’s Hotel/Motel Placement And HMIS Staffing; 7)
Miami-Dade County Homeless Trust For Fiscal Year (FY) 2015/16 Funding In The Approximate
Amount Of $25,000 For Identification Assistance Through The City’s Homeless Outreach Program;
8) Miami-Dade County For FY 2015/16 Edward Byrne Memorial Justice Assistance Grant Program
Funds In The Approximate Amount Of $10,000.
(Budget & Performance Improvement)
ACTION: Resolution 2016-29248 adopted. John Woodruff to appropriate the funds if approved and
accepted. Judy Hoanshelt to handle.
C7B A Resolution Approving, In Substantial Form, The Attached Amendment No. 2 To The Plan
Management Agreement Between The City And Humana Insurance Company (“Humana"), Having
An Effective Date Of January 1, 2009, For The Administration Of The City’s Group Health (Medical)
Plan And Employee Assistance Program; Said Amendment Clarifying Certain Claims Processing
Provisions Contained In The Agreement, As Set Forth Therein, Subject To Final Negotiation
Between Humana And The City Administration, And Review And Form Approval By The Office of the
City Attorney; And Further Authorizing The Mayor And City Clerk To Execute The Final Negotiated
Amendment.
(Human Resources)
ACTION: Resolution 2016-29249 adopted. Sylvia Crespo-Tabak to handle.
09:53:14 a.m.
C7C A Resolution Accepting Donation: Miami Beach Kids First Full Sponsor Of CMB Autism Surf Camp
(Miami Beach Kids First Will Be Covering All Costs Incurred By CMB Parks To Run Its Annual
Autism Surf Camp, Including Sponsoring All Participants’ Fees).
(Sponsored by Commissioner Michael Grieco)
ACTION: Resolution 2016-29250 adopted. Item separated by Commissioner Grieco. Motion made
by Commissioner Grieco, seconded by Vice-Mayor Alemán; Voice vote: 7-0. John Rebar to handle.
Commissioner Grieco explained that the Autism Surf Camp is a weeklong event during Spring Break
that is intended for children seven years old and up to learn how to surf. He asked the City
Commission to accept the contributions made by himself and the University of Miami Center for
Autism & Related Disabilities, which are just over $12,000, and will cover all the costs of the Surf
Camp.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 9
After Action January 13, 2016 Commission Meeting City of Miami Beach
Michael Alessandri, from the University of Miami Autism & Related Disabilities, stated that the
Autism Surf Camp is the first of its kind in this country. It is a transformational experience for
children. He thanked the City Commission for its support, and stated that the University of Miami
matched the donation made by Commissioner Grieco.
Mayor Levine addressed Commissioner Grieco and stated that there are some cruise lines that offer
training for parents of children with autism, and it could be a great opportunity for these children.
C7D Approve Various Sole Source Purchases For Sewer Pumps Stations Citywide And City’s Streets
And Walkways.
1. A Resolution Authorizing, As A Sole Source Purchase, The Purchase Of Rockwell
Automation Equipment, Parts, Software, Service And Related Items, Pursuant To Section 2-
367(d) Of The Miami Beach City Code, For The City’s Pump Stations, From Rexel, The
Exclusive Agent For Rockwell Automation Equipment, Parts, Software, Service And Related
Items In The City’s Geographic Region.
(Procurement/Public Works/ Budget & Performance Improvement)
ACTION: Resolution 2016-29251 adopted. Alex Denis, Eric Carpenter and John
Woodruff to handle.
2. A Resolution Authorizing, As A Sole Source Purchase, The Purchase Of JWC Environmental
Equipment, Parts, Service And Related Items, Pursuant To Section 2-367(d) Of The Miami
Beach City Code, For The City’s Pump Stations, From JWC Environmental, The Sole Source
For Muffin Monster, Auger Monster, Screenings Washer Monster, Honey Monster And
Monster Separation System, Equipment, Parts, Service And Related Items.
(Procurement/Public Works)
ACTION: Resolution 2016-29252 adopted. Alex Denis and Eric Carpenter to handle.
3. A Resolution Authorizing, As A Sole Source Purchase, The Purchase Of Pentair Equipment,
Parts, Service And Related Items (Including Aurora Water Seal Pumps), Pursuant To
Section 2-367(d) Of The Miami Beach City Code, For The City’s Pump Stations, From
Barney’s Pumps, Inc., The Exclusive Agent For, Pentair Equipment, Parts, Service And
Related Items In The City’s Geographic Region.
(Procurement/Public Works)
ACTION: Resolution 2016-29253 adopted. Alex Denis and Eric Carpenter to handle.
4. A Resolution Authorizing, As A Sole Source Purchase, The Purchase Of Flowserve
Equipment, Parts, Service And Related Items, Pursuant To Section 2-367(d) Of The Miami
Beach City Code, For The City’s Pump Stations, From Carter Verplanck, Inc., The Exclusive
Agent For Flowserve Equipment, Parts, Service And Related Items In The City’s Geographic
Region.
(Procurement/Public Works)
ACTION: Resolution 2016-29254 adopted. Alex Denis and Eric Carpenter to handle.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 10
After Action January 13, 2016 Commission Meeting City of Miami Beach
5. A Resolution Authorizing, As A Sole Source Purchase, The Purchase Of Dezurik (Dezurik,
Apco, And Hilton Brands) Equipment, Parts, Service And Related Items, Pursuant To Section
2-367(d) Of The Miami Beach City Code, For The City’s Pump Stations, From Fluid Control
Specialties, Inc., The Exclusive Agent For Dezurik, Apco, And Hilton Equipment, Parts,
Service And Related Items In The City’s Geographic Region.
(Procurement/Public Works)
ACTION: Resolution 2016-29255 adopted. Alex Denis and Eric Carpenter to handle.
C7E A Resolution Ratifying The Agreement Approved By The City Manager With OpenGov, Inc., For The
City’s Interactive Transparency Portal, For A Term Of Five (5) Years, At A Total Cost Of $124,875.
(Procurement & Budget & Performance Improvement)
ACTION: Resolution 2016-29256 adopted. Alex Denis and John Woodruff to handle.
C7F A Resolution Approving The Donation Of Surplus Meeting Room Chairs, Lecterns, Easels, And
Tables From The Miami Beach Convention Center To Miami Beach Senior High School And Myrtle
Grove Presbyterian Church.
(Tourism, Culture & Economic Development)
ACTION: Resolution 2016-29257 adopted. Max Sklar to handle.
09:36:23 a.m.
C7G A Resolution To Consider Waving Fees In The Amount Of $1,730.00 For The Human Rights
Committee Event In Observance Of National Human Trafficking Awareness Month At The Colony
Theatre.
(Sponsored by Commissioner Micky Steinberg)
ACTION: Resolution 2016-29258 adopted. Item separated by Commissioner Steinberg at the
request of the Miami Beach Human Rights Committee (MBHRC) members. Motion made by
Commissioner Steinberg to waive building rental fee and accept a personal donation of $787.71 from
Mayor Levine to pay for labor costs; seconded by Vice-Mayor Alemán; Voice vote: 7-0. Max Sklar to
handle.
Alan Fishman, Esq., Chair of the Miami Beach Human Rights Committee introduced the item. He
explained that Committee members have been working to put on two events in observance of
Human Trafficking Awareness Month. The first will be at Miami Beach High School, and the second
will be directed at adults held at The Colony Theater. The problem is that the Committee does not
have a budget, and are in a situation where they will need funds to put on an event for the first time.
The event at the high school will not cost the City any money, but the second event has an
unexpected additional labor cost of $787.71, which they are not able to pay. He is respectfully
requesting an additional $787.71 to cover costs.
Commissioner Steinberg stated that the City Commission could provide for the building rental fee
waiver, but not for the additional $787.71, as they do not want to set a precedent.
Discussion held regarding The Colony’s event payment deadline.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 11
After Action January 13, 2016 Commission Meeting City of Miami Beach
Commissioner Malakoff asked if the City Commission could provide $2,575.71 to cover all costs
needed for the events.
Commissioner Grieco stated that originally, this item was only asking to waive fees, but now the
Committee is asking for money. He stated for the record, that this seems to happen frequently. He
does support the MBHRC’s efforts, but he brought attention to the fact that the City deals with tax
dollars that have been budgeted. The money has to come from somewhere, even if it is a few
thousand dollars.
Commissioner Steinberg clarified that the City Commission can only sponsor the waiver of fees. She
understands the City’s role, and does not want to make this a precedent, but at the same time, she
understands their predicament.
Mr. Fishman stated that they found out about the additional labor cost too late in the project. They
have tried private funding for the money, but they were unsuccessful in obtaining funds.
Mayor Levine stated that the building rental fees will be waived, and that he will make a personal
contribution of $787.71.
City Manager Morales stated that the labor costs were documented right from the beginning, and he
does not see why it was such a surprise to the Committee.
C7H A Resolution To Consider Waiving The Building Rental Fee At The Colony Theater For 5 Nights
Totaling $3,250.00 For The Golem Of Havana Production.
(Sponsored by Commissioner Micky Steinberg)
ACTION: Resolution 2016-29259 adopted. Max Sklar to handle.
ADDENDUM MATERIAL 1:
C7I A Resolution To Consider Waiving The Special Event Fees In The Amount Of $1,100 For The 2016
Artscape Concert Series At Collins Park.
(Sponsored by Commissioner Ricky Arriola)
ACTION: Resolution 2016-29260 adopted. Max Sklar to handle.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 12
After Action January 13, 2016 Commission Meeting City of Miami Beach
09.43:20 a.m.
ADDENDUM MATERIAL 2:
C7J A Resolution To Consider Waiving The Special Event Fees, In The Amount Of $6,238.50, And The
Collins Park User Fee (Cost TBD), For The Miami City Ballet’s 30th Anniversary Gala.
(Sponsored by Commissioner Ricky Arriola)
ACTION: Resolution 2016-29261 adopted. Item separated by Commissioner Arriola. Motion made
by Commissioner Arriola to waive the Special Event fees in the amount of $6,238.50, and purchase
a table at the event for the City this one time; seconded by Commissioner Steinberg; Roll call: 4-3;
Opposed: Vice-Mayor Alemán and Commissioners Grieco and Malakoff. Max Sklar to handle.
Miami City Ballet Director of Development, Eva Silverstein, stated that this year the Miami City Ballet
would be celebrating its 30th anniversary. They are a world-class dance company with deep roots
and pride in Miami Beach. They will be holding a gala on the beach between the W and Setai
buildings, and are requesting the City to waive the 25 cents footage charge, Collins Park
Association, and Parking fees. They are also requesting the City to take a table at the event at a cost
of $10,000, discounted from the original $50,000 price.
Mayor Levine stated that he has no problem waiving fees, but he has mixed feelings when
organizations ask for the City to purchase a table, because he does not believe it is appropriate for
the City to do so.
Commissioner Arriola stated that the Miami City Ballet is one of the City’s anchors, but suggested
that in the future these types of requests be made earlier, rather than hearing it first time at the City
Commission Meeting.
Vice-Mayor Alemán expressed her agreement in waiving fees, but does not support purchasing a
table.
Commissioner Grieco stated that he will vote no in having the City purchase a table, but he will work
with the Miami City Ballet in purchasing a table with money from the private sector.
Discussion held.
Commissioner Arriola asked the City Manager to discuss the budget numbers that came in. He also
asked the City Commission to help the Miami City Ballet this one time in waiving the fees and
purchasing a table.
Commissioner Rosen Gonzalez agreed with Commissioner Arriola’s statements.
City Manager Morales explained the numbers requested by Commissioner Arriola.
Discussion continued.
End of Consent Agenda
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 13
After Action January 13, 2016 Commission Meeting City of Miami Beach
REGULAR AGENDA
R5 - Ordinances
10:24:41 a.m.
R5A Art In Public Places Review Process
An Ordinance Amending The City Code, By Amending Chapter 82, "Public Property," Article VII,
“Art In Public Places," Division 4, "Procedures," At Section 82-612, "Selection Of Artists And Works
Of Art," In Order To Amend The Procedures For Selecting Artists; Providing For Codification;
Repealer; Severability, And An Effective Date. 10:00 a.m. Second Reading Public Hearing
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Tourism, Culture & Economic Development)
(First Reading on December 9, 2015 - R5I)
ACTION: Title of the Ordinance read into the record. Ordinance 2016-3985 adopted. Public
Hearing held. Motion made by Commissioner Malakoff; seconded by Commissioner Grieco; Ballot-
vote: 7-0. Max Sklar to handle.
Max Sklar, Tourism, Culture & Economic Development Director, introduced the item, which at the
request of Commissioner Malakoff, serves to streamline the review and approval process. AiPP
projects currently have to go to either DRB or HPB twice; this will make it a one-time review with the
ability to present to the City Commission faster.
Mayor Levine announced that the discussion of the Apollo Mural was added to the Commission
Agenda (R9W) by Commissioner Rosen Gonzalez.
Mitch Novick explained that he has sent emails to the City Commission regarding the Apollo Mural
and urged the City to accept Alan Faena’s generous offer for Jack Stewart’s priceless glass-mosaic
mural, “The Apollo,” which stood on the Versailles since the mid-1950s and is one of his biggest
works. He hopes they move to direct the Administration to provide protection for the pieces and do
that in a staging area where the Convention Center will be built. This piece should be the
centerpiece in the renovated Convention Center.
Clerk’s Note: See also discussion with item R9W.
Handouts and Reference Materials:
1. Ad 1111 published in The Miami Herald Neighbors Section
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 14
After Action January 13, 2016 Commission Meeting City of Miami Beach
10:27:56 a.m.
R5B Traffic Study Requirements
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 118, “Administration And Review Procedures,” Article VI, “Design Review Procedures,” At
Section 118-253, By Including Application Requirements For Design Review Board Applications, To
Include Threshold Requirements For The Submission Of Traffic Studies, And By Amending Chapter
118, “Administration And Review Procedures,” Article X, "Historic Preservation," Division 3,
“Issuance Of Certificate Of Appropriateness To Dig/Certificate Of Appropriateness For Demolition,”
At Section 118-562, By Including Threshold Requirements For The Submission Of Traffic Studies
For Historic Preservation Board Applications; Providing For Codification; Repealer; Severability; And
An Effective Date. 10:05 a.m. Second Reading Public Hearing
(Sponsored by Commissioner Micky Steinberg)
(Legislative Tracking: Planning)
(First Reading on December 9, 2015 - R5J)
ACTION: Title of the Ordinance read into the record. Ordinance 2016-3986 adopted. Public
Hearing held. Motion made by Commissioner Steinberg; seconded by Commissioner Malakoff ;
Ballot-vote: 7-0. Thomas Mooney to handle.
Thomas Mooney, Planning Department Director, introduced the item.
No further discussion held.
Handouts and Reference Materials:
1. Ad 1111 published in The Miami Herald Neighbors Section
10:29:30 a.m.
R5C Single Family Regulations - Lot Coverage, Unit Size, Height, Setbacks, And Courtyards
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, Florida, By Amending Chapter 142, “Zoning Districts And Regulations,” Division 2, “RS-1,
RS-2, RS-3, RS-4 Single-Family Residential Districts,” At Sections 142-105, 142-106, And 142-108,
By Modifying, Simplifying, And Clarifying How Lot Coverage, Unit Size, Roof Deck, Height, Setback,
And Courtyard Requirements Are Applied In The Single Family Residential Districts; Eliminating
Certain Design Review Waivers For Second Floor Volume And Side Elevation Requirements;
Providing Codification; Repealer; Severability; And An Effective Date. 10:10 a.m. Second Reading
Public Hearing
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading on December 9, 2015 - R5K)
ACTION: Title of the Ordinance read into the record. Ordinance 2016-3987 adopted as amended.
Public Hearing held. Commissioner Malakoff made a motion to adopt the setbacks portion, which is
in the Planning Board version of the Ordinance, and the portion about reducing lot size and lot
coverage will not come in front of the City Commission for at least six months, seconded by Vice-
Mayor Alemán. Ballot-vote: 7-0. Thomas Mooney to handle.
Amendment:
• Adopt the Planning Board version of the Ordinance
• Include setbacks
• Reduce lot size and lot coverage
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 15
After Action January 13, 2016 Commission Meeting City of Miami Beach
Mayor Levine explained the process to follow when speaking, and suggested that those individuals
speaking in opposition of the item and those in favor form separate lines and keep their comments
short. If speakers spoke on this item during Sutnick Hour, he asked that they do not speak at this
time.
Thomas Mooney, Planning Department Director, introduced the item and explained that changes
have been incorporated into the Ordinance, including a proposed reduction in lot coverage being
exempted from single-family home lots that are less than 6,000 square feet. There was a slight
change to the roof overhang requirement going from three (3) to six (6) feet, and the exemption
section was revised between first and second reading. The Administration’s recommendation
remains the same. The Planning Board version includes the setback portion of the Ordinance only,
and does not contain any provisions to reduction unit size or lot coverage.
The following individuals spoke in favor of the proposed Ordinance:
Francinelee Hand
Laurie Bacalm
Nancy Liebman
Michael Reins
Daniel Ciraldo
The following individuals spoke in opposition of the proposed Ordinance:
Jeff Bercow
Jürgen Brendel
Pierre De Agostini, on behalf of Palm Hibiscus Star Islands Association
Jerry Libbin
Mark Gold, Esq.
Julian Vidal
Rick Kendle
Commissioner Malakoff explained that as the sponsor of this Ordinance, the item has been
discussed at Committee and feedback from residents has been received. At Sea Level Rise Panel
meetings, reference has been made that in the future, homes are going to be built higher. At LUDC,
they feel strongly that setbacks are urgent. The reason for the front 30-feet setback, of which 50%
must be green space, is to have a more gradual hill going up to the homes rather than steep one that
goes to the neighbors. Many 6,000 square feet or less are not included in changes; however, lots
greater than 6,000 square feet will have ten (10) feet setbacks between homes, for more privacy,
compatibility and green space. It is urgent that the City passes the setbacks. They need to take into
account that higher homes will be more visible to the neighbors that are still lower. Many of the
existing homes will have to be raised in the future, but the historic homes and those with distinctive
styles that they want to preserve and protect; so as new homes are built they will be built with
setbacks and pervious space. This item has been discussed since last summer, it has travelled
through committees, discussed at City Commission and televised, and additionally a courtesy notice
was mailed to all single-family homeowners. It was thought out, publicized and advertised in the
newspapers appropriately.
Commissioner Rosen Gonzalez stated that many buildings owners respect their architecture and
history, and want to maintain their integrity and value. This weekend they are honoring Barbara
Capitman and added that this is about understanding preservation, and maintaining who we are.
There are two homes on her block that are on the chopping block. She explained that there are
many homes that are being demolished, and this is just sad. They must fight for their history. She is
in support of this Ordinance.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 16
After Action January 13, 2016 Commission Meeting City of Miami Beach
Vice-Mayor Alemán listened to many constituents on both sides, and the supporters concern is
around preservation, the feeling of losing the charm and character of neighborhoods through
demolition; the concern for style, heights, the “boxed” in homes concept and the oversized
“McMansions”; she thinks the misunderstanding about the changes in the community is that this is
not a preservation Ordinance; it does not contemplate architectural standards around Art Deco or
Mediterranean styles. Height is indirectly addressed due to the setbacks, as they do allow neighbors
to have access to air. Pure height is a new point because of sea level rise, and since FEMA will raise
the flood elevation, all homeowners will be faced with the decision to elevate or redevelop their
properties. Single-family property owners needs have changed, and as a community, they need to
recognize that many homes will be demolished because of Mother Nature, and the need to respond
to sea level rise. As to preservation, they need to identify the crown jewels of architecture th at
identify the City’s glorious past, and they need to figure out how to carry those into the future. She
thinks it is a shame that there are some in the community that can talk about the struggles they
faced today without accusing them of corruption, and she is disappointed when trying to have a
dialogue and people resort to character assassination; she thinks this is wrong. Good policymaking
requires listening to as many prospective and facts as possible, and they should demand
constructive dialogue. Property values are rising and so are the water levels. With respect to the
Ordinance itself, she can support the setbacks, but as far as size change, she is not in favor of it.
Commissioner Arriola stated that it is not a 5% reduction, it is a 10% reduction; he is cognizant of the
fact that for many individuals, their home is their nest egg, and he is concerned on the financial
impact of residents; there are a great deal of people for whom this will have negative financial impact
and he will be cautious to do this. He is for historic preservation and is against McMansions. Two
years ago, the Commission passed severe reduction in lot coverage and home size, and he
suggested giving those regulations more time to see how they work. He suggested going
neighborhood by neighborhood in an attempt to preserve the character of the neighborhood, and not
allowing property owners to demolish homes and leave unsightly and unsafe lots behind to ruin the
fabric of the neighborhood. He hopes the Ocean Terrace and Allison Park folks share in waiting for
the recommendations of the North Beach Master Plan to come up. He is in support of setbacks, but
will not be in support of the lot coverage and home size today.
Commissioner Steinberg stated that a great deal of work, time and effort has gone into this, and she
is in agreement in working together and making a compromise of some sort. She commended
Commissioner Malakoff for taking the lead on this Ordinance. They cannot continue to bring this
forward year after year; she is not in support the idea of McMansions, but she is in support of an
Ordinance to try to limit that.
Commissioner Grieco gave a brief history regarding lot coverage and lot size. In 2006, the first piece
of significant legislation was put into place. The City Commission adopted an Ordinance that entitled
homeowners to 50% unit size, 30% lot coverage but if approved by the Design Review Board (DRB)
that could go up to 70% unit size and 35% lot coverage. Two years ago, the City Commission voted
to eliminate that variance, and that is a significant move. Since then, only about 16 homes have
been built to substantial completion. He asked Mr. Mooney to show maps representing single-family
homes Citywide; those that are smaller than 45% in unit size and those that exceed 50% in unit size.
Out of 4,959 single-family homes in the City, 220 are between 45% and 50% unit size. He asked
where the homes were built and he learned that in Flamingo Park there are four homes between
45% and 50% unit size; three of them built before 1942. On North Bay Road and Alton Road, of the
17 homes that were built between 45% and 50% unit size, 11 of them were built before 1942. Upper
North Bay Boulevard and Alton Road, 12 of the 21 homes that are between 45% and 50% unit size
were built before 1942. As government officials, their job is to fix something that is broken, and he
felt that two years ago they addressed this. This is not about preserving single-family homes, but
about the size of homes. This is about nest eggs and families. The concept of preserving
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 17
After Action January 13, 2016 Commission Meeting City of Miami Beach
neighborhoods is important and it is essential to the City. This needs to be looked at neighborhood
by neighborhood. Before the 2014 rule has time to work, he thinks they need to give it time.
Commissioner Malakoff stated that she understands the problem of reducing unit size and lot
coverage, but it is urgent that they adopt the setbacks today, as it has become important with the
sea level rise issue. She hopes they support the Planning Board version of the Ordinance.
Commissioner Rosen Gonzalez listened to Vice-Mayor Alemán and apologized if she offended
anyone for being emotional concerning a portion of this Ordinance in trying to save these homes.
She suggested spending money to do a survey needed to have the data to understand which homes
are worth saving and which homes are not.
Commissioner Grieco stated that there was an issue regarding the subject of Burt Harris Act and he
asked for a legal opinion.
Raul J. Aguila, City Attorney, stated that the Office of the City Attorney is looking at potential Burt
Harris Acts claims, but also at potential Fifth Amendment claims.
Eve Boutsis, Deputy City Attorney, stated that Florida Statute Chapter 70 deals with the Burt J.
Harris Act, and it talks about when land use regulations enacted by a community create an
inordinate burden on private property rights. The cases do not get to the substance of the Burt Harris
Act, as most of the cases have been settled. She added that this is usually an as applied regulation,
which means that it is a challenge to the enactment of the Ordinance, but the application of that
Ordinance to a specific property. An appraisal is done at that time on the property to see what the
price difference would be, and then there is a determination in Court.
Mayor Levine stated that Commissioner Steinberg suggested that once they vote on this item,
whether for or against, the item cannot come back until a certain time passes. He wants to make
sure that if they vote on this, the item will not come back for at least six months.
Mr. Aguila stated that the Ordinance regarding not rehearing items over and over was an Ordinance
sponsored by Commissioner Grieco. He explained that if they vote on the Ordinance before them
regarding the setback, lot coverage and unit size, and it fails; a similar Ordinance addressing those
issues cannot come back to the City Commission within six months. (Clerk’s Note: See Ordinance:
2015-3964.) He advised that if the City Commission wishes to revisit this later that they vote on the
Ordinance in the Agenda packet first as is, and then vote on the Planning Board’s version of the
Ordinance regarding setbacks.
Discussion held.
Commissioner Malakoff stated that the amendment is included in the Ordinance.
Raul J. Aguila, City Attorney, recommended that the Ordinance be voted as is, to see if it passes or
fails, and then the City Commission can make a motion to amend.
Discussion continued regarding the procedure when amending the Ordinance.
Commissioner Malakoff made a motion to adopt the setbacks portion, which is in the Planning Board
version of the Ordinance, and the portion about reducing lot size and lot coverage will not come in
front of the City Commission for at least six months, seconded by Vice-Mayor Alemán.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 18
After Action January 13, 2016 Commission Meeting City of Miami Beach
Commissioner Grieco asked what the difference is between the Planning Board version and the
version that was on the package.
Commissioner Malakoff explained that the Ordinance moved does not include reduction of unit size
by 5% and no reduction of lot coverage reduction by 5%.
Mr. Mooney explained the clarification of the height change, which will not be included in the
Ordinance adopted.
Discussion continued.
Clerk’s Note: See also public comment during R9B1, Dr. Stanley Sutnick Citizen’s Forum.
Handouts and Reference Materials:
1. Ad 1111 published in The Miami Herald Neighbors Section
2. Letter from Mr. & Mrs. Alan Cohen received January 7, 2016
3. Email sent to Mayor Levine and City Commissioners dated January 7, 2016 RE: Letter from Mr. & Mrs.
Cohen.
4. Anonymous letter RE: single Family Development Regulations submitted by the Planning Department.
5. Single Family Zones Pre-1942 Homes maps.
6. Planning Board Version of the Ordinance
1:38:46 p.m.
R5D Electric Vehicle Parking
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 130, “Off-Street Parking,” Article II, “Districts; Requirements,” By Creating Section 130-39,
Entitled “Electric Vehicle Parking Requirements,” To Provide Minimum Requirements For Electric
Vehicle Parking Spaces And Charging Stations; Amending Article III, “Design Standards,” By
Creating Section 130-72, Entitled “Electric Vehicle Parking Space Standards,” To Establish Design
Standards For Electric Vehicle Parking Spaces; And Amending Article V, “Fee In Lieu Of Parking
Program,” Section 130-132, Entitled “Fee Calculation,” To Establish An Additional Fee In Lieu Of
Parking For Electric Vehicle Parking Spaces, And Section 130-134, Entitled “Deposit Of Funds;
Account,” To Provide That Funds Generated By The Additional Fee In Lieu Of Parking For Electric
Vehicle Parking Spaces Shall Be Deposited In The City’s Sustainability And Resiliency Fund;
Providing For Codification, Repealer, Severability And An Effective Date. 10:15 a.m. Second
Reading Public Hearing
(Sponsored by Commissioner Micky Steinberg)
(Legislative Tracking: Planning)
(First Reading on December 9, 2015 - R5L)
ACTION: Title of the Ordinance read into the record. Ordinance 2016-3988 adopted. Public
Hearing held. Motion made by Commissioner Steinberg; seconded by Commissioner Malakoff ;
Ballot-vote: 7-0. Thomas Mooney to handle.
Thomas Mooney, Planning Department Director, introduced the item, which was approved at first
reading on December 9, 2015. There was one change made by the City Commission at first reading,
which was to increase the fee in lieu of electric vehicle parking from $2,000 to $8,000 for each
parking space not provided. That text has been modified in the second reading version of the
Ordinance, and the Administration is recommending its adoption.
Commissioner Steinberg stated that this is to provide new construction for electric vehicles charging
stations.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 19
After Action January 13, 2016 Commission Meeting City of Miami Beach
Handouts and Reference Materials:
1. Ad 1111 published in The Miami Herald Neighbors Section
11:38:48 a.m.
SUPPLEMENTAL MATERIAL 4: Ordinance
R5E An Ordinance Granting To Peoples Gas System, A Division Of Tampa Electric Company, Its
Successors And Assigns, A Non-Exclusive Natural Gas Franchise Agreement To Use The Public
Rights-Of-Way Of The City Of Miami Beach, Florida, And Prescribing The Provisions And Conditions
Under Which Said Franchise Shall Be Exercised; Providing For Monthly Payments To The City;
Providing An Effective Date; And Repealing Prior Ordinance. 10:20 a.m. Second Reading Public
Hearing
(Public Works)
(This Franchise Agreement is not a true “Ordinance” that falls
within the sponsorship requirements set forth within
Section 2-12 of the Miami Beach City Code.)
(First Reading on December 9, 2015 - R5N)
ACTION: Title of the Ordinance read into the record. Ordinance 2016-3989 adopted. Public
Hearing held. Motion made by Commissioner Malakoff; seconded by Commissioner Grieco; Ballot-
vote: 7-0. Eric Carpenter to handle.
Jimmy L. Morales, City Manager, introduced the item. This is a franchise agreement with the Gas
Company; the Administration has been negotiating some difficult issues, but those have been
resolved and they wish to approve the franchise agreement to begin collecting fees.
Handouts and Reference Materials:
1. Ad 1111 published in The Miami Herald Neighbors Section
01:37:08 p.m.
R5F An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach, Entitled
“Administration,” By Amending Article VI, Entitled “Procurement,” By Amending Division 3, Entitled
“Contract Procedures,” By Amending Section 2-375, To Be Entitled “Non-Discrimination; Contract
Requirements; Waiver,” To Provide That The City Shall Not Procure Goods Or Services From, Or
Otherwise Contract With, A Business Which Engages In The Boycott Of A Nation Or Country, Or A
Business Which Blacklists Or Otherwise Refuses To Deal With A Person Or Entity Based On Race,
Color, National Origin, Religion, Sex, Intersexuality, Gender Identity, Sexual Orientation, Marital Or
Familial Status, Age, Or Disability, And Providing Definitions, Requirements For City Contracts, And
Waiver Provisions; Providing For Repealer, Codification, Severability, And An Effective Date. 10:25
a.m. Second Reading Public Hearing
(Sponsored by Mayor Philip Levine &
Co-Sponsored by Commissioner Kristen Rosen Gonzalez)
(Legislative Tracking: Office of the City Attorney)
(First Reading on December 9, 2015 - R5O)
ACTION: Title of the Ordinance read into the record. Ordinance 2016-3990 adopted. Public
Hearing held. Motion made by Commissioner Rosen Gonzalez; seconded by Commissioner Arriola;
Ballot-vote: 7-0. Office of the City Attorney to handle and Alex Denis to handle.
No discussion.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 20
After Action January 13, 2016 Commission Meeting City of Miami Beach
Handouts and Reference Materials:
1. Ad 1111 published in The Miami Herald Neighbors Section
11:55:06 a.m.
SUPPLEMENTAL MATERIAL 2: Revised Memorandum & Resolution
R5G An Ordinance Amending Miami Beach City Code Chapter 2 “Administration,” Article VII “Standards
Of Conduct,” Division 5 “Campaign Finance Reform,” Encompassing City Code Sections 2-487
“Prohibited Campaign Contributions By Vendors,” City Code Section 2-488 “Prohibited Campaign
Contributions By Lobbyists On Procurement Issues,” City Code Section 2-489 “Prohibited Campaign
Contributions By Real Estate Developers,” And City Code Section 2-490 “Prohibited Campaign
Contributions By Lobbyists On Real Estate Development Issues,” By Providing That, Commencing
On March 1, 2016, Members Of The City Commission Or Candidates For Said Offices Shall Be
Prohibited From Either Directly Or Indirectly Soliciting, Accepting Or Depositing Any Campaign
Contribution Regarding City Elected Office From A Vendor, Lobbyist On A Procurement Issue, Real
Estate Developer, Or Lobbyist On A Real Estate Development Issue; Providing For Repealer,
Severability, Codification, And An Effective Date. 10:30 a.m. Second Reading Public Hearing
(Sponsored by Commissioners Micky Steinberg & Michael Grieco
Co-Sponsored by Mayor Levine, Vice-Mayor Alemán
& Commissioners Arriola, Malakoff and Rosen Gonzalez)
(Legislative Tracking: Office of the City Attorney)
(Continued from December 9, 2015 - R5G)
ACTION: Title of the Ordinance read into the record. Ordinance 2016-3991 adopted as amended.
Public Hearing held. Motion made by Commissioner Grieco; seconded by Commissioner Steinberg;
Ballot-vote: 7-0. Office of the City Attorney to handle.
Amendment:
For purposes of Subsection A(1)(b)ii hereinabove, the term "indirectly solicit" shall be defined as the
situation in which a candidate, campaign committee of a candidate, or member of the City
Commission actively coordinates or directs another person or entity to solicit a vendor for a
campaign contribution, as prohibited above. The term "indirectly" shall also be defined to include
those instances in which a candidate for the offices of Mayor or Commissioner, or a member of the
City Commission solicits a vendor for campaign contributions for a political committee that supports
or opposes candidates for City elected office.
Raul J. Aguila, City Attorney, recognized Raoul G. Cantero, III, former Justice of the Florida
Supreme Court, and former Deputy City Attorney Jean Olin, who was responsible for drafting a
number of the City’s Ethics legislation, including campaign reform laws; Joseph M. Centorino,
Executive Director, Commission on Ethics, was unable to attend the Commission Meeting today as
there is an Ethics Commission Meeting today, but he also wanted to remind the City Commission
that they have unanimously endorsed the Ordinance, and recommends its adoption. This is
significant ethics reform, let alone campaign finance reform. This addresses the issue regarding the
concern arisen from the public and the media over the issue of solicitation of campaign contributions
by elected officials and candidates for City elected office; and more specifically, solicitation of
contribution from PACs. The City’s current campaign finance reform laws prohibits candidates
running for office from soliciting either directly or indirectly campaign contributions from vendors, real
estate developers, as defined in the campaign finance reform laws, and lobbyists for real estate
developers and vendors on procurement issues. Direct contribution is when a vendor seeks
contribution directly to the campaign account of a candidate or City Commission running for office.
He has opined that indirect contribution would only be a contribution to a political committee or PAC,
but only if the PAC support or endorse City of Miami Beach candidates, and if that PAC makes an
understanding that the contribution is earmarked to go to a specific candidate. The idea for a
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 21
After Action January 13, 2016 Commission Meeting City of Miami Beach
candidate to solicit donations from prohibited donors, could give rise to an appearance of quid pro
quo corruption. The issue of most concern when drafting the legislation is how this affects a donor’s
First Amendment right. As Mr. Cantero stated, the act of giving a campaign contribution is an act of
First Amendment free speech; we only have the right to regulate that speech if there is a compelling
governmental interest. What the Supreme Court has said is that the only compelling governmental
interest to regulate someone’s First Amendment right to give a contribution is when you are
addressing the regulation to prevent quid pro quo corruption or its appearance. During last summer,
there was a perception raised continuously among members of the public and the media that did not
look right for certain City Commissioners to solicit contributions for a PAC that endorsed candidates,
and even though it was not illegal and the City’s campaign reform laws did not prohibit that conduct,
there was a concern about the appearance and that gave way to this amendment. The amendment
prohibits candidates for City of Miami Beach office and City Commission, not only to continue to
prohibit candidates from accepting campaign contributions from prohibited donors, but to prohibit
those candidates or elected officials from soliciting contributions from prohibited donors for PACs
that are endorsing City’s candidates. The Ordinance has been reviewed not only by himself, Jean
Olin and Mr. Raoul Cantero, but also by Joseph Centorino and the Ethics Commission who are in
support. On December 23, 2015, at the Ethics Workshop, the Constitutional issues involved were
addressed with the drafting of this legislation. Mr. Cantero at that time gave his opinion as to the
Constitutionality of what is being done today. They cannot 100% guarantee that if passed it will not
be challenged, but the legislation before the Commission has been drafted as narrow and tailored as
much as possible to address the proposed solicitations from prohibited donors, which was the
specific concern. Another amendment added to the legislation, as a result of concerns raised by
Commissioner Grieco, is the interpretation of “indirect” solicitation to a PAC. Even though it is not a
candidate or elected official that are soliciting a contribution from prohibited donors, they do not wan t
this to be something where just because a PAC is supporting a candidate for City of Miami Beach
elected office, and a prohibited donor gives an unsolicited donation to that PAC, that is not
prohibited, since they do not want to infringe upon the First Amendment right beyond what they need
to. Language defining “indirect solicitation” as a solicitation where there is active coordination
between the candidate for City Commission and the person making the solicitation to this donor, and
in defining that it helps them in the future. He suggested including this language, which was in
Supplemental Material 2 into the amendment.
Mayor Levine asked what the process is in the event that the majority or all the Commissioners wish
to cosponsor this Ordinance.
Mr. Aguila advised asking the sponsors of this Ordinance, Commissioners Grieco and Steinberg,
and then it is up to the primary sponsors to accept the co-sponsorship.
Discussion held.
Frank Del Vecchio stated that the City Attorney has succeeded in reaching the objective of drafting
the Ordinance as narrowly as possible, as it will extend the prohibitions on soliciting campaign
contributions so a member of the City Commission cannot do it, and it will expand the contributions,
not only to the member or candidate's account, but also to PACs. It has been so narrowly defined,
that the Ordinance would only apply to 2% or 3% of the developers who submit applications for real
estate development. The data submitted shows that the City Clerk's listing of real estate dev elopers
who would be covered by what is now being considered, would only be two; Ocean Terrace
Development and the Convention Center Hotel. There were at least 61 applications submitted to a
land use board by real estate developers last year, and he is not including single-family homes that
would not be embraced. W hat he hopes this City Commission does, on the promise of putting Miami
Beach in the lead, to ask experts to give time to look at the definition of real estate developer; the
definition is so narrow that only a couple of big developers, would be captured of the great bulk, 97%
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 22
After Action January 13, 2016 Commission Meeting City of Miami Beach
of the typical year would be covered, last year. He is asking not to enact this today, but take a
second look and have your Constitutional law expert look at the data.
Clotilde Luce attended a meeting at the Community Church before the Elections and Commissioner
Wolfson was there that day and he was going into how much he had learned from the mistakes of
the PAC last year, but it seems puzzling that what is proposed today accomplishes such a tiny
trickle, in terms of repairing the optics for voters and residents. If this City Commission is exempting
97% of the kind of people who actually come before the boards, then it seems like they have not
accomplished what they learned from their mistakes.
Commissioner Grieco stated that the Constitutional purpose of this legislation is to prevent a quid pro
quo. It is not about just people coming before the boards, but unless one is coming before the City
Commission and asking for something; that is where there is a give and take, and that is why
developers, lobbyists and vendors are being included. Going over that, the City can be sued for
violating people’s right to free speech. This is the strictest ethics Ordinance in the State. He is in
favor of the Ordinance.
Vice-Mayor Alemán stated that the workshop was educational and she appreciated the input from
Mr. Cantero and Mr. Centorino. She explained that the value of the vendor contracts are so high,
and for her the 12-month period is too short; she asked if the City Commissioners would consider as
far as disqualification from serving as vendor or developer, to expanding the period from 12 to 24
months.
Raul J. Aguila, City Attorney, stated that his recommendation is, because the way the Charter is
worded, once adopted and codified, they cannot repeal it or make it more stringent without a voter’s
referendum. Vice-Mayor Alemán’s recommendation is something they can do; he suggested if the
City Commission is comfortable passing the Ordinance as it is today, he will bring it back as an
amendment after having looked at it. There are precedents for longer provisional periods.
Vice-Mayor Alemán stated that she approves of that and would also like to study the suggestions
made by Mr. Del Vecchio to include the definition of those submitting a bid, as long as the bid
remains active, and the definition of a real estate developer to include applicants for approval of
development applications, except single family homes and projects that do not increase density of
usage.
Discussion continued.
Commissioner Rosen Gonzalez would prefer disclosure, as it is the most honest and transparent
way to behave, but she will vote on any Ethics Ordinance.
Commissioner Steinberg disagrees with Commissioner Rosen Gonzalez as far as disclosure and
added that this needs to encompass all ethical Ordinances; she concurs with Vice-Mayor Alemán’s
amendment and suggested doing a separate amendment.
Mr. Aguila stated that item R5J would require, but not prohibit, solicitation, but rather require elected
officials to disclose. In discussions, the City Commission wanted to go as far as they could. If this is
passed, there is no need to discuss R5J. He added that in Miami-Dade County, there are no
prohibitions from contributions, and if this is passed today, they are enacting one of the strictest
campaign finance reforms. If the City decides to take the lead, Mr. Centorino would bring this
Ordinance to other jurisdictions.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 23
After Action January 13, 2016 Commission Meeting City of Miami Beach
Barry Molter asked if a developer could seek out change in height limitation and would not that
require this body to change the Code? He is talking about not just a variance, but a developer
discovers something and wants the height limitation changed, would not this be this body that voted
on it and could not that developer have given money to your campaigns and would not that be an
appearance of impropriety?
Raul J. Aguila, City Attorney, explained that if a developer is appearing before this City Commission,
he would be required to register as a lobbyist. The City follows the Supreme Law of the country. The
City of Miami Beach is pushing the envelope, but they have to be cognizant of the law of the land.
Discussion continued.
Vice-Mayor Alemán added that they need to keep the playing field even to keep the opportunities for
someone that has served the City and an individual that has never served the same.
Mayor Levine asked that all Commissioners co-sponsor this Ordinance. The Commissioner all
agreed.
Mayor Levine thanked Commissioner Jonah Wolfson for proposing this legislation, and he is happy
that they are moving forward with this.
Handouts and Reference Materials:
1. Ad 1112 published in The Miami Herald Neighbors Section
2. Email from Frank Del Vecchio fdelvecchio@atlanticbb.net dated December 31, 2015 to Rafael Granado
and RE: Pending Campaign Finance Reform Ordinances R5G [PAC Solicitations], R5H [Disclosure of
PAC Solicitations], with document attached entitled “Additions to R5G of vendor and developer.”
3. Email from Frank Del Vecchio fdelvecchio@atlanticbb.net dated January 3, 2016 to Mayor’s Office, City
Manager, City Attorney and City Clerk, RE: 97% Of Real Estate Developers Not Covered By City’s
Campaign Finance Reform Ordinance!, with document attached entitled “List of 2015 R.E. Developer File
Numbers.docx.”
4. Email from Frank Del Vecchio fdelvecchio@atlanticbb.net dated January 4, 2016 to Joseph Centorino,
Raoul Cantero, City Manager, City Attorney and City Clerk, RE: 97% Of Real Estate Developers Not
Covered By City’s Campaign Finance Reform Ordinance!, with document attached entitled “List of 2015
R.E. Developer File Numbers.docx.”
11:40:42 a.m.
R5H An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 5 Entitled
“Campaign Finance Reform,” By Adding Thereto Section 2-491 Entitled “Prohibited Lobbying By
Campaign Consultants,” Prohibiting Campaign Consultants And Certain Affiliated Persons Or
Entities From Lobbying City Commission For 12 Months Subsequent To Swearing In Of Subject
Elected Official(s), Establishing Definitions, And Limited Exemption; Providing For Repealer,
Severability, Codification, And An Effective Date. 10:31 a.m. Second Reading Public Hearing
(Sponsored By Commissioner Kristen Rosen Gonzalez)
(Legislative Tracking: Office of the City Attorney)
(Continued from December 9, 2015 - R5P)
ACTION: Title of the Ordinance read into the record. Ordinance failed. Public Hearing held. Motion
made by Commissioner Rosen Gonzalez; seconded by Commissioner Steinberg; Ballot-vote: 2-5;
Opposed: Mayor Levine, Vice-Mayor Alemán, Commissioners Arriola, Grieco and Malakoff.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 24
After Action January 13, 2016 Commission Meeting City of Miami Beach
Raul J. Aguila, City Attorney, stated that the proposed Ordinance, if approved, prohibits a campaign
consultant of a candidate for City of Miami Beach elected office, from lobbying before the City
Commission for a period of 12 months following the swearing in of the candidate.
Commissioner Rosen Gonzalez stated that certain campaign consultants have helped candidates
get elected and that this could represent a conflict of interest. There should be a separation of
running a campaign and lobbying the City Commission. During this campaign, this consultant came
back repeatedly. Former Commissioner Weithorn and former Mayor Dermer requested that she adds
this ethics reform.
Mayor Levine stated that after lunch they will be discussing the campaign finance reform Ordinance.
Commissioner Grieco stated that he was elected and supported by his campaign consultant and
many residents and he listens to everyone; he thinks this would open up a Pandora’s box and he is
against this Ordinance.
Commissioner Arriola thinks this is unnecessary and when they are elected, it is based on their
platform, their credentials and the help of many people; it is also hard to find qualified consultants.
Vice-Mayor Alemán concurred with Commissioners Arriola and Grieco.
Commissioner Rosen Gonzalez added that certain recommendations and RFP’s have been awarded
to certain powerful campaign consultants. She stated, for the record, that this campaign consultant is
responsible for five elections. One person has helped in electing five candidates, and asked why
David Custin cannot be prohibited from lobbying the City Commission for a period of 12 months.
Vice-Mayor Alemán explained that each elected official have their own mind and follow their own
conscious, and to say that Mr. Custin has power over the City Commission is preposterous.
Mayor Levine does not understand how a lobbyist can affect him. He suggested, rather than singling
out individuals, why not pass a ban on all lobbyists across Miami Beach. He would be in support of
that.
Commissioner Grieco, for the record, stated that the previous sponsor of this Ordinance was a
previous client of Mr. Custin in 2013 as well.
Commissioner Malakoff agreed with her colleagues; the influence of a lobbyist cannot influence her,
as she listens to both sides and makes her decisions for the betterment of the community, and it is
demeaning to think that the City Commission would be influenced just because someone was a
campaign consultant.
Discussion continued.
Commissioner Steinberg thinks this is strengthening ethics in our City, and for the record, this is not
new. This has been brought in front of the City Commission for over a decade.
Mayor Levine thanked Commissioner Rosen Gonzalez and he knows her intentions are good.
Discussion continued.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 25
After Action January 13, 2016 Commission Meeting City of Miami Beach
Handouts and Reference Materials:
1. Ad 1112 published in The Miami Herald Neighbors Section
2. Email from Frank Del Vecchio fdelvecchio@atlanticbb.net dated December 31, 2015 RE: Pending
Campaign Finance Reform Ordinances R5G [PAC Solicitations], R5H [Disclosure of PAC Solicitations],
with document attached entitled “Additions to R5G of vendor and developer.”
01:41:00 p.m.
R5I An Ordinance Amending Chapter 106 Of The Miami Beach City Code, Entitled “Traffic And
Vehicles,” By Amending Article II, Entitled “Metered Parking,” By Amending Division 1, Entitled
“Generally,” By Amending Section 106-47, Entitled “Freight, Commercial, And Passenger Curb
Loading Zones; Hours, Deliveries”; By Deleting Subsection (c), (d) And (e); By Amending Subsection
(b) To Require Property Owners And Businesses To Confirm Compliance With Subsection (g) For
Commercial Motor Vehicles Deliveries And Services; By Prohibiting Deliveries Or Services For
Commercial Motor Vehicles That Fail To Comply With Subsections (f) Through (n); By Creating A
New Subsection (d) And (e), Which Limits The Authority Of The Special Master; By Amending The
Enforcement And Penalty Provisions For Violations Of Subsection (b); Providing For Codification,
Repealer, Severability, And An Effective Date. 10:35 a.m. Second Reading Public Hearing
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Office of the City Attorney)
(Deferred from December 9, 2015 - R5E)
ACTION: Title of the Ordinance read into the record. Ordinance failed. Public Hearing held. Motion
made by Commissioner Grieco to amend the Ordinance to make the first offense a warning, second
offense $500 fine, third offense $1,000 fine and fourth offense $2,000 for accepting delivery;
seconded by Vice-Mayor Alemán provided that if it passes, and educational notification must be
prepared and sent to the business community. Ballot-vote: 3-4; Opposed: Commissioners Arriola,
Rosen Gonzalez, Malakoff and Steinberg.
Aleksandr Boksner, First Assistant City Attorney, explained the item and stated that this is an
Ordinance that ultimately will create further responsibilities on individual property owners and
businesses. It will prohibit accepting commercial motor vehicle deliveries without confirming that the
driver is complying with the freight loading zone requirements set forth in this proposed Ordinance.
There was a further amendment that was propagated by Commissioner Grieco that excluded,
specifically, the delivery of what he considers to be packages or parcels, such as FedEx, the US
Postal services and other such couriers. Between first and second reading there was a request by
Commissioner Grieco to further create an exemption that would apply to those properties that are
along Collins Avenue, from 15th Street to the northern most boundary of the City of Miami Beach,
and eastward that would not be required to verify the fact that their deliveries are being made in
compliance with this Ordinance.
Commissioner Malakoff stated that these loading zones regulations are anti-small business; she is
aware of the importance of having trucks deliver as needed, and having loading zones is a good
idea; however, she is not in agreement with the liens to the business owners for the driver’s
violations. This legislation is well intentioned, but it will hurt small businesses.
Commissioner Grieco stated that the legislation is anti-traffic, not anti-small businesses. The fine on
the driver is $1,000 and $30 fine is for a parking issue. The business owner is being fined for
accepting the delivery without establishing that the delivery truck has not caused a back up to major
arteries. The City is crippled when it comes to traffic. It is the number one issue. He believes that
people should follow the rules. If they fine one business, then the rest will follow through and comply.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 26
After Action January 13, 2016 Commission Meeting City of Miami Beach
Commissioner Rosen Gonzalez thinks it is the truck driver’s fault if he or she parks in the wrong
place, and she thinks it will be unenforceable. Commissioner Rosen Gonzalez asked how the people
will be educated on this.
Commissioner Arriola applauded Commissioner Grieco for bringing this forward, but agrees with
Commissioners Rosen Gonzalez and Malakoff that this will only hurt the business owners, and he is
not in favor of this.
Commissioner Steinberg stated that the spirit of the legislation is good, but it may not have the
intended results. The City cannot regulate parcel delivery trucks such as UPS trucks or DHL, and
they are part of the traffic problem.
Mayor Levine strongly supports Commissioner Grieco on this Ordinance. Unfortunately, there has
not been too much progress by the Police Department in its regulation of this particular problem.
Anything the City Commission can do to avoid the trucks from parking on City roads is worth doing,
and until they put together the concept where one Police car is driving clockwise, and another one
counterclockwise, and announce on a megaphone for truckers to move along, he is in favor of
anything that will repel loading trucks from parking.
Commissioner Grieco clarified that UPS and FedEx trucks will be the ones cited for blocking the
road. Small businesses receiving such parcel delivers from these trucks are exempt and will not be
cited. They are not trying to be punitive.
Police Major Causey stated that the Commission recently approved the employment of four traffic
congestion specialists; two in the day shift and two in the afternoon. These individuals, who will act
as the City’s Road Rangers, will exclusively patrol up and down all the main arteries and prevent
anyone from blocking the traffic. Discussion was held regarding the design of the vehicle that these
individuals will utilize. It will most likely be a four-wheel drive pick-up truck with a hydraulic sign that
goes up, to provide traffic information. In the event of a traffic fatality, or other major crash, where
portable VMS boards will be needed, these employees will be the ones trained to move the VMS
boards to strategic locations, in order to provide information to motorists.
,
Discussion continued regarding response to double parking violators.
Mayor Levine asked if they could start a citizens program where the individuals take photographs of
violations and send them in to the Police Department. He suggested having a methodology of
warnings and violations before the citations.
Chief Oates discouraged the Commission from issuing warnings. Chief Oates pointed out that in
2015, the Police Department had a good year in enforcement, and there was a remarkable effort. He
agrees that more needs to be done, and this is a continuing challenge for all.
Commissioner Malakoff stated that once the City employs the 5 new traffic Police Officers, it will help
a great deal. Commissioner Malakoff added that business owners do not need to be punished by
assessing these fines of up to $5,000 for local parking violations. Additionally, Commissioner
Malakoff is not sure that it is allowable under State law, which provides for that the State has the
exclusive “enforcement framework” for local parking regulation. If the City goes forward with this
Ordinance, she would like an Attorney General opinion on it.
Vice-Mayor Alemán asked, if this is adopted, how will the City notify the businesses of this
Ordinance and the steep fines.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 27
After Action January 13, 2016 Commission Meeting City of Miami Beach
Mr. Boksner explained that the Office of the City Attorney would create a notification process that is
signed by the Police Chief and the Code Enforcement Director. This notification would be issued to
the individual property owners notifying them that this Ordinance is in effect and what the
consequences would be if violations occur. Although there is no legal requirement to do this, if that
is the direction given by the Commission, they Office of the City Attorney can prepare such a notice.
Vice-Mayor Alemán wants to see such a notification process implemented if the Ordinance is
adopted.
In response to Commissioner Steinberg, Chief Oates explained that the five new traffic enforcement
Officers should be hired by midyear, approximately June 2016.
Discussion continued.
Motion made by Commissioner Grieco to amend the Ordinance to make the first offense a warning,
second offense $500 fine, third offense $1,000 fine and the fourth and subsequent violation $2,000
fine.
In response to a question from Commissioner Steinberg, Mr. Boksner explained that if a vehicle is
parked blocking a lane of traffic it would be enforced by the Police Department, as it requires the
issuance of a Uniform Traffic Citation. However, if the vehicle is improperly parked on a commercial
loading zone, such violation can be enforced by the Police, Code and Parking Departments.
Mayor Levine explained that this Ordinance sends a message that the City is serious about traffic
enforcement; the Ordinance can always be modified later if the intended consequences are not
achieved.
Commissioner Rosen Gonzalez inquired as to how the officer will determine to which business a
truck is delivering goods. Mr. Boksner stated that it would be incumbent upon the officer to ensure
that there is evidence to support the issuance of the violation. It would therefore be fact specific.
Commissioner Grieco explained that this Ordinance pertains to the acceptance of the good; not the
parking of the trucks. The onus is on the business operator or the business owner for accepting the
delivery.
Commissioner Arriola stated that the proposed Ordinance is an administrative nightmare for the
officer who will have to determine who is accepting the delivery, and it becomes a burden on the
small business owners. Commissioner Arriola does not think the City needs to do this, as we are
breaking the backs of the small business owners.
Handouts and Reference Materials:
1. Ad 1112 published in The Miami Herald Neighbors Section
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 28
After Action January 13, 2016 Commission Meeting City of Miami Beach
R5J An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 5 Entitled
“Campaign Finance Reform,” By Adding Thereto Section 2-491 Entitled “Disclosure Of Solicitation,”
Requiring Any Candidate Or Campaign Committee Of A Candidate For The Offices Of Mayor Or
Commissioner Or Member Of The City Commission Who, On Behalf Of A Political Committee Which
Supports Or Opposes Candidates For Elected City Office, Solicits Campaign Contributions For City
Elected Office From A Vendor, Lobbyist On A Procurement Issue, Real Estate Developer And/Or
Lobbyist On A Real Estate Development Issue, To Disclose The Date Of Solicitation As Well As
Name And Contribution Amounts Of Any Individual Who Was Solicited, Disclosure To Be Filed In
Office Of The City Clerk. First Reading
(Sponsored By Commissioners Micky Steinberg & Michael Grieco)
(Legislative Tracking: Office of the City Attorney)
(Continued from December 9, 2015 - R5H)
ACTION: No vote taken. Superseded by item R5G.
02:12:55 p.m.
R5K Sustainability And Resiliency
An Ordinance Amending The Land Development Regulations (LDRs) Of The City Code, By
Establishing Chapter 133, Entitled “Sustainability And Resiliency;” Establishing Requirements For
Green Building Certification As A Requirement During Zoning Review Of New Projects Over A
Certain Size (“Eligible Project(s)”); Establishing A Sustainability Fee Program For Projects That Do
Not Achieve The Required Green Building Certification Level; Authorizing Property Owners And
Developers To Pay A Sustainability Fee, Or, In The Alternative, Post A Bond, In The Amount Of Five
Percent (5%) Of The Total Construction Cost For The Eligible Project(s), Into The City’s
Sustainability Fund, Which Bond Or Funds Are Reimbursable To The Property Owner Or Developer
Pursuant To The Level Of Green Building Compliance Achieved By The “Eligible Project”;
Establishing A Sustainability And Resiliency Fund For The Deposit Of The Sustainability Fees
Generated Through The Sustainability Fee Program, And Providing The Uses For Which The Fees
Deposited In The Sustainability And Resiliency Fund Can Be Used; And Repealing Chapter 100,
Entitled “Sustainability” As Duplicative And Contradictory To The Sustainability And Resiliency
Revisions Of Chapter 133; Providing For Review; Applicability; Codification; Repealer; Severability;
And An Effective Date. First Reading
(Sponsored by Commissioner Micky Steinberg)
(Legislative Tracking: Planning)
ACTION: Title of the Ordinance read into the record. Ordinance adopted on first reading as
amended. Motion made by Commissioner Steinberg to approve the item; seconded by
Commissioner Grieco. Ballot vote: 7-0. Second reading, Public Hearing scheduled for February 10,
2016. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received.
Thomas Mooney to handle.
TO DO:
Elizabeth Wheaton and Susanne M. Torriente to do outreach and explain it.
Amendment:
Review prices, fees and alternatives on second reading
City Clerk’s Note:
Pursuant to Section 2-13 of the Code, motion accepting the Land Use and Development
Committee’s recommendation this Ordinance made by Commissioner Malakoff, seconded by
Commissioner Steinberg; Voice vote: 7-0.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 29
After Action January 13, 2016 Commission Meeting City of Miami Beach
Thomas Mooney, Planning Department Director, stated that the Ordinance was approved by the
Planning Board. The Administration recommends its approval. He introduced Elizabeth Wheaton and
Rogelio Madan who did a great deal of the work on this item.
Rogelio Madan, Principal Planner, briefly explained how the Ordinance applies to new construction
and ground-floor additions. The Ordinance applies to buildings over 7,000 square feet and new
additions over 10,000 square feet. It requires the applicant to post a bond of 5% of the construction
costs prior to obtaining a building permit. After the building is constructed and they receive their
certificate of occupancy achieving green building certification, they will get the 5% refunded. The
funds collected will be used by the Environmental Division.
Elizabeth Wheaton, Environment & Sustainability Division/Assistant Building Director, stated that the
Sustainability and Resiliency Fund would be used to fund projects such as environmental
remediation, groundwater and surface water monitoring, as well as innovative storm water projects,
and green infrastructure. This dedicated funding source would allow the division to develop and/or
enhance existing projects.
Mr. Madan stated that the electrical vehicle parking Ordinance recently adopted by the City will also
have the money collected deposited into the same fund.
City Manager Morales clarified that this is not all or nothing scenario. If the developers achieve a
lower level, they will get a percentage back.
Mr. Madan stated that there is Gold, and Silver LEED certification, and then there is no certification.
Commissioner Malakoff asked if homes over 10,000 square feet will be included, or if this is only for
commercial buildings.
Mr. Madan stated replied that homes over 7,000 square feet will be included. That number was
determined based on direction given. They wanted to make sure that homes that have the greatest
impact were covered.
Commissioner Arriola asked if someone does not comply, whether they will be charged five percent
over the construction cost. He also asked what the process is to get the LEED certification, and who
judges the construction.
Mr. Madan replied that the LEED is owned by the U.S. Green Building Council, which is a not-for-
profit agency that certifies buildings. The Council determines compliance based on a checklist.
Ms. Wheaton stated that the U.S. Green Building Council is a national agency that certifies buildings
around the world, but is based in the United States. They look into many aspects from the site
location; its proximity to transportation, energy efficiency, and water efficiency. Within each of the
categories, the buildings are designed to meet certain standards. Again, the designer and the
architect would submit a checklist and work during the design process to make sure that the building
is up to standard.
Mr. Madan stated that being in Miami Beach, a City with many mixed-use buildings, walkability, and
good public transportation compared to other Cities. Developers will be able to get credit simply for
building in Miami Beach.
Discussion continued regarding the 5% fee.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 30
After Action January 13, 2016 Commission Meeting City of Miami Beach
Commissioner Rosen Gonzalez stated that although she does not like adding 5 percent to the cost
of a building project, the City needs to slow down building in general due to excess traffic. Miami
Beach needs to be a leader in sustainability. She asked if this would apply to a restaurant that is
renovating, or every commercial building project.
Mr. Madan replied that this applies only to new construction or ground-floor additions. If a building is
being renovated by over 50% of the construction value, the Building Code considers the project a
new construction, and those projects would have to comply.
Discussion held.
Alexander Heckler commended the City Commission on its initiative, and stated that this fund is
needed. He asked for the City Commission to consider creating its own certification that would not
be as expensive to the developer, given that 5% over the construction cost can be very expensive.
Commissioner Arriola agreed with Mr. Heckler’s statement. He added that he is hesitant to agree to
this Ordinance, because it may place too much of a burden on developers. He is for resiliency and
sustainability, but if the LEED certification is expensive and a hassle, he will not support it. He would
like to know what the cost of the LEED certification is. Thomas Mooney to handle.
Mayor Levine proposed passing the item on First Reading, and between now and Second Reading,
come back with the price, understanding, and perhaps an alternative certifications, but asked the
City Commission to move forward. Thomas Mooney to handle.
Discussion held regarding the cost of the LEED certification.
2:30:30 p.m.
R5L Required Off Street Loading Spaces
An Ordinance Amending Chapter 130 “Off Street Parking,” Article IV, “Off-Street Loading,” By
Modifying The Requirements For Calculating And Providing Required Loading Spaces For Existing
Buildings, Changes In Use And New Construction, Including Enclosed Structures Used For The
Storage And Parking Of Vehicles; Providing For Repealer; Severability; Codification; And An
Effective Date. First Reading
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
ACTION: Title of the Ordinance read into the record. Ordinance adopted on first reading as
amended. Motion made by Commissioner Malakoff to approve the item as written, not including the
Planning Board version; seconded by Commissioner Grieco. Ballot vote: 7-0. Second reading, Public
Hearing scheduled for February 10, 2016. Rafael E. Granado to notice. Lilia Cardillo to place on the
Commission Agenda, if received. Thomas Mooney to handle.
City Clerk’s Note:
Pursuant to Section 2-13 of the Code, motion accepting the Land Use and Development
Committee’s recommendation this Ordinance made by Commissioner Malakoff, seconded by Vice-
Mayor Alemán; Voice vote: 7-0.
Amendment:
Approve as written
Do not include Planning Board’s version
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 31
After Action January 13, 2016 Commission Meeting City of Miami Beach
Thomas Mooney, Planning Department Director, explained that this was a two-part referral, one for
new construction of multi-family commercial buildings that require loading provided within the
structure. They added a new standard for any change of use in the existing building, whereby permit
had to meet the approval of the Parking Department. If there is new construction, this would no
longer require a variance, but instead would be in the purview of the HPB or DRB, provided that the
Parking Department has approved this.
Commissioner Rosen Gonzalez asked why the City is fighting loading zones when the City is also
waiving loading zone requirements.
Mr. Mooney replied that in some circumstances properties in historic district do not offer a curb out,
so they want to make it clear in the Code that in those particular instances, where they have to do
on-street loading, the Parking Department will approve it, and it will be part of the development
process.
Commissioner Steinberg asked what the process is like today.
Mr. Mooney replied that if there is new construction that has difficulty providing all or some of the
required off-street loading spaces, they can seek a variance from the Board of Adjustment. The
Board of Adjustment would typically require a detailed on-street loading plan to be provided as a
condition of the variance. This Ordinance would no longer require a variance to waive those off-
street loading requirements, so long as they can provide an on-street loading plan the Parking
Department finds acceptable.
Commissioner Rosen Gonzalez asked why the Parking Department would decide if the on-street
loading plan is acceptable.
Mr. Mooney replied that it is because the Parking Department regulates on-street parking, loading
and deliveries. They would be the ones most suited to approve such a plan.
Mayor Levine explained that the objective of this item is to stop new construction without loading
zones.
Discussion held.
Commissioner Malakoff moved the item as written, not including the Planning Board version;
seconded by Commissioner Grieco.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 32
After Action January 13, 2016 Commission Meeting City of Miami Beach
02:40:00 p.m.
R5M CD-2 Height For Mixed-Use On Alton Road
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 142 “Zoning Districts And Regulations,” Article II “District Regulations”, Division 5, “CD-2,
Commercial, Medium-Intensity District,” At Section 142-306, “Development Regulations,” By
Increasing The Maximum Permitted Height For Properties On The West Side Of Alton Road From 6th
Street To Collins Canal Providing For Codification; Repealer; Severability; And An Effective Date.
First Reading
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
ACTION: Title of the Ordinance read into the record. Ordinance adopted on first reading. Motion
made by Commissioner Malakoff to approve the item; seconded by Vice-Mayor Alemán. Ballot vote:
7-0. Second reading, Public Hearing scheduled for January 27, 2016. Rafael E. Granado to notice.
Lilia Cardillo to place on the Commission Agenda, if received. Thomas Mooney to handle.
City Clerk’s Note:
Pursuant to Section 2-13 of the Code, motion accepting the Land Use and Development
Committee’s recommendation this Ordinance made by Commissioner Malakoff, seconded by
Commissioner Steinberg; Voice vote: 7-0.
Thomas Mooney, Planning Department Director, introduced the item. This would allow a height
increase for commercial and mixed-use CD-2 buildings on the West side of Alton Road between 6th
Street and Collins Canal.
Commissioner Malakoff explained that the ten foot height increase has to do more with sea level rise
than adding floors to buildings. Streets have currently been elevated leaving retail stores lower than
the streets. This Ordinance would allow the buildings to eventually be level with the street by
adjusting the bottom and top of the buildings.
Discussion continued regarding the ten foot height increase.
3:00:35 p.m.
SUPPLEMENTAL MATERIAL 1: Memorandum & Ordinance
R5N An Ordinance Amending Chapter 30 Of The Miami Beach City Code, Entitled “Code Enforcement,”
By Amending Article II, Entitled “Special Master,” By Amending Section 30-37, Entitled “Terms Of
Office; Compensation”; By Amending The Compensation Of The Special Master(s); Providing For
Codification, Repealer, Severability, And An Effective Date. First Reading
(Sponsored by Michael Grieco)
(Legislative Tracking: Office of the City Attorney)
ACTION: Title of the Ordinance read into the record. Ordinance adopted on first reading. Motion
made by Commissioner Grieco to approve the item; seconded by Commissioner Arriola. Ballot vote:
7-0. Second reading, Public Hearing scheduled for February 10, 2016. Rafael E. Granado to notice.
Lilia Cardillo to place on the Commission Agenda, if received. Office of the City Attorney to
handle.
Aleksandr Boksner, First Assistant City Attorney, explained that the Ordinance amends the
compensation for the Special Master and increases the rate to $150, which is a $50 increase, which
has not been adjusted in 25 years. This is the prevailing rate from other municipalities.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 33
After Action January 13, 2016 Commission Meeting City of Miami Beach
Vice-Mayor Alemán explained that it is important to have good quality Special Masters in the City.
3:03:12 p.m.
R5O An Ordinance Amending Chapter 78 Of The Code Of The City Of Miami Beach, Entitled “Personnel,”
By Amending Article I, Entitled “In General,” By Amending Section 78-2, Entitled “Reserved,” To
Codify Requirements For Criminal History Record Checks For Certain Municipal Employees,
Appointees, Contractors, Employees Of Contractors, And Vendors, In Accordance With State Law;
Providing For Repealer, Severability, Codification, And An Effective Date. First Reading
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Human Resources)
ACTION: Title of the Ordinance read into the record. Ordinance adopted on first reading. Motion
made by Commissioner Grieco to approve the item; seconded by Commissioner Arriola. Ballot vote:
7-0. Second reading, Public Hearing scheduled for February 10, 2016. Rafael E. Granado to notice.
Lilia Cardillo to place on the Commission Agenda, if received. Sylvia Crespo-Tabak to handle.
Sylvia Crespo-Tabak, Human Resources Director, stated that the word “appointees” was removed
out of the title and from the document, per Commissioner Malakoff’s request. They have had an
agreement with Florida Department of Law Enforcement since 1999 for background checks. They
started using the VECHS System in 2008 for fingerprinting and background check for employees,
vendors and contractors coming into the City. They had an FBI audit done this year, and the City has
gone beyond the intent of the VECHS. In order to continue to use this program to run the criminal
background history for everyone, they need an Ordinance from the legislative body authorizing them
to do so.
Commissioner Steinberg suggested codifying this and she is in support of the item. She suggested
eliminating the check box for people coming for interviews for those with one-time offenses to not be
discouraged.
Ms. Crespo-Tabak stated that they ask about convictions, not arrests.
Commissioner Grieco is familiar with first time offenders and he thinks it is relevant and he thinks
people should be up front about it.
3:08:00 p.m.
R5P An Ordinance Amending Chapter 2 Of The Miami Beach City Code Entitled “Administration,” By
Amending Article IV Entitled “Officers And Employees,” By Amending Section 2-191 Entitled
“Enumeration Of Organizational Units,” By Creating The Environment And Sustainability
Department; And Providing For Severability; Repealing All Ordinances In Conflict Therewith; And
Providing For An Effective Date. First Reading
(Sponsored by Vice-Mayor John Elizabeth Alemán)
(Legislative Tracking: Human Resources)
ACTION: Title of the Ordinance read into the record. Ordinance adopted on first reading. Motion
made by Commissioner Malakoff to approve the item; seconded by Commissioner Alemán. Ballot
vote: 7-0. Second reading, Public Hearing scheduled for February 10, 2016. Rafael E. Granado to
notice. Lilia Cardillo to place on the Commission Agenda, if received. Sylvia Crespo-Tabak to
handle.
Sylvia Crespo-Tabak, Human Resources Director, introduced the item.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 34
After Action January 13, 2016 Commission Meeting City of Miami Beach
Susanne Torriente, Assistant City Manager, stated that they are elevating the Division of the Building
Department (Sustainability and Environment Division) to a full department; some adjustments to their
salaries will be made according to the ranges, but no additional staff is being added.
Commissioner Steinberg clarified that they are only creating a department, there is no additional
staffing, budgetary enhancement or salaries.
3:10:42 p.m.
R5Q An Ordinance Amending Chapter 82 Of The Code Of The City Of Miami Beach, Entitled “Public
Property,” By Amending Article IV, “Uses In Public Rights-Of-Way,” By Amending Division 5,
“Sidewalk Cafes,” By Amending Subdivision II, “Permit,” By Amending Section 82-382, Entitled
“Application,” And Section 82-383, Entitled “Permit Fee; Penalties For Late Payment; Review Of
Fee; Exception,” To Abate Sidewalk Cafe Permit Fees, Including Annual Permit Application Fees
And Square Footage Fees, For Businesses Participating In The City’s Washington Avenue Pilot
Parklet Program, Which Program Shall Terminate On February 28, 2017; And Providing For
Repealer, Codification, Severability, And An Effective Date. First Reading
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Office of the City Attorney/Transportation)
ACTION: Title of the Ordinance read into the record. Ordinance adopted on first reading as
amended. Motion made by Commissioner Malakoff to approve the item with a termination date of
March 31, 2017; seconded by Vice-Mayor Alemán. Ballot vote: 7-0. Second reading, Public Hearing
scheduled for March 9, 2016. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission
Agenda, if received. Jose Gonzalez to handle.
Amendment:
Bring template before second reading
Second public hearing scheduled on March 9, 2016
Termination of project is March 31, 2017
TO DO:
Bring guidelines
Jose Gonzalez, Transportation Director, introduced the item. Policy issues and direction were given
on specific fees. It was decided to exempt applicants from concurrency and sidewalk café square
footage fees; this Ordinance is an amendment that abates the sidewalk café fees for the Washington
Avenue Parklet program for a one-year period.
Commissioner Malakoff stated that the Parklets on Washington Avenue are to encourage sidewalk
cafes to expand and enhance landscape; the issuance of the permit will be for one year. She
explained the fees. The sidewalk café fees are being asked to be waived for the pilot program.
Jose Gonzalez, Transportation Director, explained that the termination of the pilot program will be
March 31, 2017. Second reading will be March 9, 2016.
Discussion held regarding templates.
Commissioner Arriola requested a template be presented before second reading to avoid unintended
consequences. Jose Gonzalez to handle.
Discussion held.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 35
After Action January 13, 2016 Commission Meeting City of Miami Beach
3:16:40 p.m.
R5R Concurrency Exemption
An Ordinance Amending The City Code, By Amending Chapter 122, “Concurrency Management,” By
Amending Section 122-5, “Exemptions From Concurrency,” To Authorize The City Commission To
Exempt, By Resolution, Temporary Uses In Public Rights-Of-Way From The City’s Concurrency
Requirements, And To Require The City Commission To Set Forth The Geographic Areas, Criteria,
And Duration For Any Such Exemption; And Providing For Repealer, Codification, Severability, And
An Effective Date.
(Legislative Tracking: Planning)
(Sponsored by Commissioner Joy Malakoff)
ACTION: Title of the Ordinance read into the record. Ordinance adopted on first reading as
amended. Motion made by Commissioner Malakoff to approve the item to include Parklets from 6th
Street to Lincoln Road; seconded by Commissioner Arriola. Ballot vote: 7-0. Second reading, Public
Hearing scheduled for March 9, 2016. Rafael E. Granado to notice. Lilia Cardillo to place on the
Commission Agenda, if received. Thomas Mooney to handle.
REFERRAL:
Planning Board
Thomas Mooney, Planning Department Director, explained that before the Commission can adopt a
resolution waiving concurrency fee, a minor amendment to Section 122-5, pertaining to exemption
from concurrency, needs to be approved by the City Commission. If adopted on today on first
reading, the item will then be discussed on February 23, 2016 at the Planning Board, and will be
brought back for second reading on March 9, 2016. On March 9, 2016, the resolution can also be
adopted.
Commissioner Malakoff stated that there is currently an Ordinance that states that the temporary
uses in public rights of way is determined by the City Commission by resolution, specifying
geographic areas, criteria and duration of exemption where such uses front on or are north of 63rd
Street. What is being requested is to change that to include Washington Avenue, from 6th Street to
Lincoln Road. She was not comfortable with the text “it can be anywhere in the City.” They need to
be very specific for Washington Avenue, because we do not necessarily want Parklets or other types
of uses in other parts of the City. We want Parklets in an area where a master planner has
determined it to be a positive thing.
Mr. Mooney will leave in the current language “where such uses front on or are north of 63rd Street or
Washington Avenue, 6th Street to Lincoln Road.”
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 36
After Action January 13, 2016 Commission Meeting City of Miami Beach
3:20:26 p.m.
SUPPLEMENTAL MATERIAL 1: Memorandum & Ordinance
R5S An Ordinance Amending The Code Of The City Of Miami Beach, Subpart B, Entitled “Land
Development Regulations,” Of Chapter 142, Entitled “Zoning Districts And Regulations,” By
Amending Division 2, Entitled “Accessory Uses”; By Amending Section 142-905, Entitled “Permitted
Accessory Uses In Single-Family Districts,” By Increasing The Monetary Fines For Violations Of
Subsection (b)(5); By Amending Article IV, Entitled “Supplementary District Regulations,” By
Amending Division 3, Entitled “Supplementary Use Regulations,” By Amending Section 142-1111,
Entitled “Short-Term Rental Of Apartment Units Or Townhomes,” By Increasing The Monetary Fines
For Violations Of Subsection 142-1111(a), (b) And (c); And Providing For Repealer, Severability,
Codification, And An Effective Date. First Reading
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: Office of the City Attorney)
ACTION: Title of the Ordinance read into the record. Ordinance not adopted on first reading. Lilia
Cardillo to place on the February 10, 2016 Commission Agenda, if received. Office of the City
Attorney to handle.
TO DO:
• Refer Homestead violations to the County, so that they may research the case and determine
whether to repeal homestead exemption;
• Look into increasing the fines significantly to make it commercially unviable to have short-term
rentals;
• Cooperate with City Staff and the community, and offer compensation for assistance in
identifying short-term renters;
• Extend the violation period to 24-months, as opposed to the current 12-month period;
• Look into fining condominiums that do not go after short-term renters.
Mayor Levine stated that the party houses situation is out of control, and he believes it is because
the City’s fines are too low for those involved to care. To stop this practice, the City needs to
substantially increase the fines so that no one will rent out party houses. Currently, when Code
Enforcement goes to a home, they state that they do not have enough evidence to site the offenders.
He believes the onus should be removed from the City and placed on the renters, who will be able to
appeal at one of the City’s boards.
Aleksandr Boksner, First Assistant City Attorney, explained that there are two components. The first
violation fine goes from $1,500 to a fine of $10,000; after that, it increases by $5,000 until the
violation fine reaches $30,000. He added that it is important to understand that the fines will run for a
24-month period, as opposed to the current 12-month period, which expands the violation period.
Mayor Levine stated that the fines are too low. He would like to charge $25,000 for luxury mansions,
and $10,000 for normal-sized homes. He asked if the City could possibly charge $1 per square foot
in fines.
Mr. Boksner stated that there is a discriminatory concern if the sizes of the homes are utilized to
determine the fine. The Office of the City attorney recommends that fines be uniformly applied. He
gave the example of a small oceanfront apartment, which could charge the same, if not higher, than
a large non-oceanfront mansion.
Commissioner Arriola asked if fines could be a percent of the rental fee.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 37
After Action January 13, 2016 Commission Meeting City of Miami Beach
Mr. Boksner stated that it is very difficult to determine what the rental fees are, once it is determined
that short-term rental or party rental has occurred.
Commissioner Arriola suggested that a letter could be sent to the County informing them if a home
that claims Homestead Exemption is being rented, and let them investigate. Without the exemption,
a home could then be assessed at fair market value, driving the taxes very high.
Discussion continued.
Vice-Mayor Alemán asked if the City could take charge of the situation, and offer a whistleblower
commission for informing the City of someone they know of short-term renting. The offer could
possibly be 10% of the fines collected.
Mayor Levine agreed and stated that most neighbors would most likely comply, just to stop the short-
term rentals. He reiterated his opinion that fines must be heavy to cause an impact on these homes,
which are often valued in the millions and tens of millions of dollars.
Discussion held regarding increasing fines.
Vice-Mayor Alemán stated that it seems very easy for people to find these places to rent on the
internet. She would like the City to be more proactive with City staff to look for these ads, or as she
stated previously, compensate the community for helping the City identify the renters.
Commissioner Arriola stated that this proposition would require additional staff, but large fines could
help fund staff.
Discussion held.
Hernan Cardeno, Code Compliance Director, stated that currently, the City does refer Homestead
violations to the County, and they do companion investigations for unlawful advertising of short-term
rentals.
Discussion held.
Mr. Boksner stated that he would like to go through the Ordinance again, and bring back to the City
Commission on First Reading.
Mayor Levine agreed with Mr. Boksner and asked him to have reports of Homestead violations go to
the County, and go after Condominium Associations that do not control short-term renters.
Commissioner Rosen Gonzalez asked if homes would be allowed to do photo shoots under this
Ordinance.
Mr. Boksner stated that yes, they could. Provided the owners get the required permit.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 38
After Action January 13, 2016 Commission Meeting City of Miami Beach
R5T An Ordinance Amending The Code Of The City Of Miami Beach, Subpart B, Entitled “Land
Development Regulations,” Of Chapter 142, Entitled “Zoning Districts And Regulations,” By
Amending Division 2, Entitled “Accessory Uses”; By Amending Section 142-905, Entitled “Permitted
Accessory Uses In Single-Family Districts,” By Adding New Subsection (B)(5)A Which Prohibits The
Advertisement For The Lease Of Single Family Homes For Less Than Six Months And One Day, By
Adding New Subsection (B)(5)B, Which Provides The Enforcement For A Violation Of Section (B)(5);
By Amending Article IV, Entitled “Supplementary District Regulations,” By Amending Division 3,
Entitled “Supplementary Use Regulations,” By Amending Section 142-1111, Entitled “Short-Term
Rental Of Apartment Units Or Townhomes,” By Amending Section (A) To Prohibit The
Advertisement Of Short Term Rental Of Apartments Units Or Townhomes; And Providing For
Repealer, Severability, Codification, And An Effective Date. First Reading
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: Office of the City Attorney)
ACTION: Duplicate Item.
R7 - Resolutions
2:47:00 p.m.
SUPPLEMENTAL MATERIAL 3: Memorandum & Resolution
R7A A Resolution Adopting The Second Amendment To The Capital Budget For Fiscal Year 2015/16.
10:40 a.m. Public Hearing
(Budget & Performance Improvement)
ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution 2016-29262
adopted. Motion made by Commissioner Rosen Gonzalez; seconded by Commissioner Arriola.
Voice vote: 7-0. John Woodruff to handle.
John Woodruff, Budget & Performance Improvement Director, introduced the item. There are seven
items in this amendment: The first one is for the light rail environmental review approved at the
December 16, 2015 Commission Meeting. There is a new playground at the Scott Rakow Youth
Center that was approved at the December 9, 2015 Commission meeting. A renewal replacement
project that needs additional funding. There are three projects: Sunset Island 3 and 4; Lower North
Bay Road; and a 54” redundant sewer force main that are items on this agenda (See R7P, R7O and
R7L). The last one is a housekeeping item making corrections to the last capital amendment.
Michael Llorente, Esq., spoke regarding the environmental review for the light rail project and the
fact that setting the design standard at this point at 30 percent could be unnecessarily costly and
problematic.
Mayor Levine stated that he does not think that the City should be going out and spending $10
million and going up to 30 percent design on this, because we have no idea who is going to be the
potential vendor on this streetcar, and someone may come to the City with an unbelievable deal and
we are spending all this money on the design, and the potential vendor may say, “I don't know why
you designed it that way, as it will cost you this much less and you shouldn't have spent the $10
million.”
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 39
After Action January 13, 2016 Commission Meeting City of Miami Beach
City Manager Morales explained that because we are: a) literally moving so fast and b) at the very
preliminary stage, this number is a placeholder. We are not committing or spending it. because of
the need for speed, we are doing a parallel environmental analysis and a parallel procurement
process.
Depending on what comes out of the procurement process, the budget will be impacted. Therefore,
this is a placeholder. Before the City enters any contracts or does any design, the Administration will
come back to the City Commission. This is more of a placeholder to have the funds. We do not want
to under budget if it turns out if there is it is a great deal more involved, but the Administration figures
that this is a reasonable number to cover us.
Commissioner Rosen Gonzalez stated that between December 16, when the City Commission
initially voted on the light rail project and now, she has done a great deal of research. At first,
Commissioner Rosen Gonzalez was very skeptical because she thought the City might not have the
County, State or Federal funding, and that the City was spending the largest amount of money.
However, she has thought about it and Mayor is correct; the proposals for light rail have been going
on for 25 years. The way that the City is allocating this $10 million or at least putting a placeholder
makes sense. If we do not do it now, we are never going to do it. Commissioner Rosen Gonzalez
thinks it is going to act like a catalyst. Commissioner Rosen Gonzalez is putting her trust in that
everybody working on this project is going to do whatever they can to make sure that the City does
get buy-in from the County so that the City can get this project approved and that the City does get
State and eventually Federal funding. However, even if we never make it across the bridge,
Commissioner Rosen Gonzalez does think that the loop that the City is doing is a tremendous
project, and she thinks that given that the City is having all of these traffic issues, Commissioner
Rosen Gonzalez thinks the Commission has no other choice.
Commissioner Arriola agrees with Commissioner Rosen Gonzalez.
City Manager Morales stated that the City received a letter yesterday from the Miami-Dade County
Mayor Carlos A. Gimenez indicating, in fact, that it is quite likely that the Program of Interrelated
Projects (POP), a new program from the Federal government will allow the City to advance its
portion, and allow the remaining projects to remain eligible for funding; and in fact the City’s portion
could even become the local match. A great deal of progress has been made.
Mayor Levine stated that one is either a leader or a follower, and this City has chosen to be the
leader in this process.
Jose Gonzalez stated that there is a certain level of engineering required as part of any preliminary
engineering project development for these types of ventures. The City does need to develop
concepts and alternatives to a certain extent to determine feasibility and be able to move the project
to the next level. As the City Manager mentioned, that is the purpose of these funds, to provide
flexibility
Handouts and Reference Materials:
1. Ad in The Miami Herald No. 1112
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 40
After Action January 13, 2016 Commission Meeting City of Miami Beach
2:53:15 p.m.
SUPPLEMENTAL MATERIAL 3: Revised Memorandum & Resolution
R7B A Resolution Adopting The Second Amendment To The General Fund, Enterprise Fund, Internal
Service Fund, And Special Revenue Fund Budgets For Fiscal Year 2015/16. 10:45 a.m. Public
Hearing
(Budget & Performance Improvement)
ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution 2016-29263
adopted. Motion made by Commissioner Malakoff; seconded by Vice-Mayor Alemán. Voice Call
Vote: 7-0. John Woodruff to handle.
John Woodruff, Budget & Performance Improvement Director, introduced the item. This is the
second operating budget amendment of the year. There are five items. The first is a light rail portion.
This is the savings within the Transportation Fund that will be used to help pay for a portion of the
project, because when the City budgeted Fiscal Year 16, the City included full amounts for all the
trolleys, and some of them have not been implemented yet; so there is prorated savings for the rest
of the year. The second item is within the confiscated trust fund budget; the City tends to budget for
that on a line item basis and Police, instead of doing the articulated aerial work platform trailer, they
rather purchased a used Coast Guard boat. It is really just swapping the two allocations out. The
third item is related to the Munis and Energov project; the City's financial and permitting software
systems are being replaced; and the go live date is April 1, 2016. In looking at how the Energov
system is supported, there is a recommendation that the City add two positions to help make that
successful. Funding for those two positions is actually new funding -- funds that are available
because when the Planning and Building permit process fees were updated in December, some
training and technology type funds were actually added as part of that, and that is what will help
offset those costs. The fourth item is the Sunset Island underground project. Even though that's
going to be paid for by an assessment from those property owners in year one, what happens is the
City runs into a cash flow issue where there is really no money upfront, so all this does is put upfront
money from the General Fund that subsequently gets covered after year one. The last item is a
version control issue during when the City was trying to finalize the budget, and $150,000 of funding
for body worn cameras in one of the confiscated trust fund was left out and this puts it back in.
Handouts and Reference Materials:
1. Ad in The Miami Herald No. 1112
4:00:27 p.m.
R7C A Resolution Approving “Alternative No. 1” And Authorizing The Mayor And City Clerk To Execute
Change Order No. 3 To The March 13, 2013 Construction Contract Between The City Of Miami
Beach, Florida, And Lanzo Construction Co., Florida, For Right-Of-Way Infrastructure Improvements
Under The Venetian Islands Bid Package 13C (The Contract); Which Change Order Includes: 1)
Construction Work Associated With Six (6) New Stormwater Pump Stations That Meet The City’s
Enhanced Stormwater Criteria, In The Not-To-Exceed Amount Of $12,257,864, 2) A Time Extension
Of 365 Calendar Days Required To Complete The Scope Of Work Within San Marino, Dilido And
Rivo Alto Islands; And 3) An Increase To The Owner’s Contingency Of $1,225,787; All For A Total
Change Order Of $13,483,651.
(Capital Improvement Projects Office)
(Deferred from December 9, 2015 - R7Z)
ACTION: Resolution 2016-29264 adopted. Motion by Vice-Mayor Alemán, seconded by
Commissioner Arriola. Voice-vote: 7-0. David Martinez to handle.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 41
After Action January 13, 2016 Commission Meeting City of Miami Beach
David Martinez, CIP Director, introduced the item.
Commissioner Rosen Gonzalez asked about noise pollution and removal of green space.
Diane Katzen, Rivo Alto Island resident, made a PowerPoint presentation. She introduced Mr. Jon R.
Hall to explain it. Mr. Hall is an expert in stormwater with 40 years of experience.
John R. Hall, representing homeowners on Venetian Islands, suggested pursuing Option 2, which is
to move the pump station to the street right of way in the terrace, as to the proposed breezeway. The
biggest concern is damage to homes and patios associated with current design. If pump stations and
control panels are moved to the terraces, the risk will be greatly reduced. In four out of five cases,
the near house structure is 15 feet. He heard concerns with relocation; this is a viable alternative.
Questions were raised as to the efficiency but there is no question that these can perform as
effectively once relocated. Option 2 proposes to share the negative impact among residents and
there would still be noises. The stations have been situated by consultants.
Discussion held.
Jürgen Brendel spoke.
Richard Freeman is supportive of this project. The proposed criteria are not the only criteria, as this
is a very dense populated area. His request is to use the adjacent properties on the terraces,
removing them a few feet, which will enhance the citizen’s needs.
Ken Rosen is in favor of Option 2.
Mayor Levine asked to assess the six homes and move the item.
Raul J. Aguila, City Attorney, stated this is not a productive discussion if the City continues to be
threatened with litigation; he would ask the Commission not to address these litigation comments.
Mr. Martinez stated that there is always risk in construction.
Eric Carpenter, Assistant City Manager/Public Works Director, explained that the most important
thing is the collaborative approach with residents to make this project better. In cases where
structures protruded above ground, they can get the structures underground; so there are solutions
to many of the problems; it is a matter of working together.
Slide shown.
Rick Dopico stated that the natural beauty of the bay will be replaced by these pump stations. He
urged the City Commission to proceed with Option 2.
Diane Katz invited the City staff to come and attend neighborhood meetings. The excavation issue
would be affecting those residents on the east and west side of the breezeway. If those pieces of the
pump stations are moved to the terraces, that would be alleviated. The dissipater boxes are away
from the foundation of the surrounding and/or abutting homes.
Discussion held.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 42
After Action January 13, 2016 Commission Meeting City of Miami Beach
Hernando Nava and Luz Leon have been working with the City; one of the concerns is the
excavation; currently projects like this are built without issues. This is always a concern, but there is
the technology. He thinks this can be addressed and his contractors have done similar projects. The
last thing anyone wants is to inconvenience the residents.
Discussion continued.
Jürgen Brendel spoke regarding right of ways.
Discussion held.
Carter McDowell, Esq., spoke regarding negative impact on a number of people owning adjacent
properties. He asked that if they adopt Option 1, to price it.
Discussion continued.
Alain Degree, San Marino Island resident, spoke in opposition of Option 1. Mr. Degreve is concerned
with the noise from the pumps.
Vice-Mayor Alemán stated that the city has been very flexible and accommodating. Although no one
wants the pumps next to them, the City has to move forward
Commissioner Steinberg commended David Martinez and his team for his outreach efforts.
5:01:00 p.m.
SUPPLEMENTAL MATERIAL 5: Additional Information
R7D A Resolution Establishing A Policy Not To Hire Individuals Who Use Tobacco Or Tobacco Products
Including, But Not Limited To, Cigarettes, E-Cigarettes, Cigars, Chewing Tobacco, Snuff, And Pipes,
And To Prohibit The Use Of Such Products Throughout The Individuals’ Employment With The City
Of Miami Beach.
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Human Resources)
ACTION: Item withdrawn after discussion.
Commissioner Grieco stated that part of his proposal regarding only hiring non-smokers is fiscal, and
the other part is about productivity. If they were to pass this, the City would be the 12th or 13th in the
State of Florida to take on such a major issue; more importantly, in order to be a certified firefighter
they have to applicants must certify that they are non-smokers. Hospitals, including Mount Sinai,
also have the same policy. There are three types of insured employees; those insured through
AvMed, others through Humana, and the last group insured by spouse or family member. Twenty-
two percent of City employees use AvMed. Humana does not track whether an employee is smoker
or nonsmoker. He added that statistically, last year the City spent $151,418 on medical claims
related to diseases of respiratory for tobacco users. If one extrapolates that out and assume that
same percentage of employees are insured by Humana, they have the same costs, and that is 56%.
The annual cost would be approximately $500,000 per year in tax dollars that are spent paying for
the respiratory problems of employees that are smokers. If one extrapolates that out to five years, it
is approximate $2.5 million. There is also obviously the productivity issue. If anyone is thinking that
this is not legal, or there is some sort of discrimination issue, this was tested in courts 20 years ago;
it is a trend nationwide, not just with municipalities but with hospitals and private businesses all over
the place, it is lot of money. Hundreds of thousands of dollars are being spent taking care of folks
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 43
After Action January 13, 2016 Commission Meeting City of Miami Beach
that are choosing to use tobacco products. He knows that people are addicted and he will make
some amendments to make this more palatable, but in his mind, when it comes to being the
caretakers of tax dollars, this is borderline a no-brainer. One amendment is that the only exception
would be, if someone were to make a submission to the City Manager, and only the City Manager
could waive this policy, meaning it is a strict policy for all applicants. This does not apply to current
employees; current employees would be grandfathered in. The second amendment would not
prohibit hiring E-Cigarette smokers. Commissioner Grieco clarified smoking cessation programs
would be made available and not exclude E-Cigarette smokers.
Commissioner Malakoff agrees how harmful cigarettes are, but she believes this proposal is
discriminatory; this building is a smoke free workplace, and to tell people what they can do in their
own homes on their own times it is discriminatory.
Vice-Mayor Alemán concurs; alcohol consumption and obesity have medical impacts as well, and
that is not being addressed; she is not comfortable with this proposal.
Commissioner Arriola agrees with his colleagues; and where will they draw the line? Commissioner
Arriola is unable to support this.
Sylvia Crespo-Tabak, Human Resources Director, explained that obesity is not protected by the ADA
and those individuals have a difficult time being hired. The only protected overweight class, because
it is considered a disability and protected by ADA, is morbid obesity, when one is approximately 100
pounds above ideal weight or have a BMI of 35 to 40.
Commissioner Grieco stated that unhealthy eating and drinking does not lead to having employees
take breaks. It is the same thing with drinking. The issue is that this is a smoke free workplace; there
are over 1,900 employees, out in the field that may smoke while driving or during work. It is legally
discriminatory behavior and something that about a dozen municipalities do and their health
insurance cost has reduced over the years.
Commissioner Rosen Gonzalez conducted a poll yesterday and asked employees their opinion on
the proposal; she thinks it would ruin employee morale, and while she thinks they are moving to a
smoke free country in general, there is no way to do it now without offending smokers. She thinks
employees should be kept happy and does not agree with this policy. Happy employees are more
productive.
Mayor Levine thinks it is a positive change and will support this proposal 100%. Mayor Levine
predicted that the future is smoke free. He added that we may be ahead of our time with this
proposal.
Commissioner Steinberg has mixed feelings, but will vote to support it today.
Commissioner Grieco suggested that when the elected officials that are opposing this today become
comfortable with this issue, they should be the ones to place the item back on the agenda.
Commissioner Arriola suggested asking for higher insurance premiums for smokers.
Ms. Crespo-Tabak stated that cessation programs are voluntary, and Obamacare says you can
charge 50% more to smokers. Sylvia Crespo-Tabak to handle and provide additional
information regarding charging employees who smoke a greater health insurance premium.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 44
After Action January 13, 2016 Commission Meeting City of Miami Beach
In response to Commissioners Rosen Gonzalez and Steinberg, Ms. Crespo-Tabak explained that
the City’s has a free smoking cessation program.
3:38:58 p.m.
R7E A Resolution Consenting To The Appointment Of Allison R. Williams As The Chief Financial Officer
(CFO) Of The Finance Department For The City Of Miami Beach.
(Human Resources)
ACTION: Resolution 2016-29265 adopted. Motion by Commissioner Malakoff, seconded by Vice-
Mayor Alemán. Voice-vote: 7-0. Sylvia Crespo-Tabak to handle.
City Manager Morales stated that sometimes they do searches, high and low, to find a great
candidate. Sometimes they find that the best candidate was in our own backyard. Allison R. Williams
has been with the City for about 12 years now, has a tremendous background in finance and
accounting; she is one of the few candidates who had both certifications. Ms. Williams has taught at
FIU now for 11 years. The City during the past four months has worked closely with Ms. Williams, as
she stepped in to lead the Financial Department, and oversaw the single largest bonded financial
transaction in the City’s history. Ms. Williams finalized this transaction with flying colors, and gained
unsolicited praise from the Wall Street bankers and the bond lawyers. Budget Director John
Woodruff, who oversaw her work during this interim period, praises her work, and she fits our
culture. Ms. Williams has tremendous support of the people that she works with. City Manager
Morales presented to the Commission Ms. Allison R. Williams for approval as the City’s next Chief
Financial Officer.
Ms. Williams thank the City Manager, each of the Commissioners and Mayor for the opportunity. She
is honored, and if appointed, she will hold the position with honor and integrity.
5:21:36 p.m.
R7F A Resolution Supporting The Increase Of Parking Violation Fines In Chapter 30 Of The Code Of
Miami-Dade County, Providing Severability, Inclusion In The Code And Effective Date.
(Parking)
ACTION: Resolution 2016-29266 adopted. Motion by Commissioner Malakoff, seconded by
Commissioner Grieco. Voice-vote: 6-1; Opposed: Commissioner Rosen Gonzalez. Saul Frances
and Rafael E. Granado to handle.
Saul Francis, Parking Director, introduced the item. Miami-Dade County is authorized to regulate
parking fines for all jurisdictions in Miami-Dade County. The existing fine schedule is almost 20 years
old. It is outdated to say the least. It is not effective with the existing parking rate schedules that we
have in Miami Beach as well as in other cities throughout the County. The resolution before the
Commission is a sentiment to encourage the County to increase their fine schedule. They are
looking for support. The current fine is $18.00.
Commissioner Malakoff commented that it is less expensive to get a parking ticket/citation than it is
to pay for parking.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 45
After Action January 13, 2016 Commission Meeting City of Miami Beach
R7G A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 2
To The Lease Agreement With The Miami Beach Police Athletic League, Inc. (PAL), Substantially In
The Form Attached To This Resolution, Relating To The Building Located At 999 11th Street
(Premises); Said Amendment Establishing The Permitted Uses Under The Lease; Clarifying And
Establishing Terms Relating To The Shared Use Of The Premises By The City And PAL; Clarifying
The Operational, Management, And Maintenance Obligations With Respect To The Shared Use Of
The Premises; And Further Extending The Lease Term For An Additional Two (2) Years, Through
And Including June 30, 2025.
(Police)
ACTION: Item deferred to February 10, 2016. Lilia Cardillo to place on the Commission Agenda if
received. Chief Police Oates to handle.
3:41:28 p.m.
R7H A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of
Proposals Received, Pursuant To Request For Proposals No. 2015-013-YG (The RFP), For Security
Officer Services; Authorizing Award Of Contracts To Kent Security Services, Inc., Allied Barton
Security Services, LLC, And G4S Secure Solutions (USA) Inc.; And Further Authorizing The Mayor
And City Clerk To Execute An Agreement With Kent Security Services, Inc., Allied Barton Security
Services, LLC, And G4S Secure Solutions (USA) Inc.
(Procurement/Police)
ACTION: Resolution 2016-29267 adopted as amended. Motion by Commissioner Grieco,
seconded by Commissioner Malakoff. Voice-vote: 6-1; Opposed: Commissioner Rosen Gonzalez.
Alex Denis, Chuck Tear and Chief Daniel Oates to handle.
Amendments:
1. Commissioner Grieco moved the item as a pool with the number two and three ranked/point
getter companies (Allied Barton and GS4) being selected.
2. Selected companies do everything in their power to hire the people who are currently under
employment with Security Alliance and give them the first shot at jobs under the new contracts.
Alex Denis, Procurement Director, introduced the item. This RFP was issued to replace the current
contract, which is on a month-to-month basis for approximately two years. The City's current contract
is with a single contractor, but City is currently using two other contractors through piggybacks with
the State of Florida and Miami-Dade County. Ten proposals were received; five were deemed
nonresponsive for failure to comply, and five of the proposals were reviewed by the evaluation
committee. The evaluation committee deemed three proposers as the top proposer; and their scores
were very close. The scores for the other two were somewhat distance. The top three were Kent,
Allied Barton, and G4S. The administration is recommending the top three proposers to continue the
current pools of three vendors to serve whatever the security guard needs are. Mr. Denis would also
like to address briefly some of the letters that have been going around. The first is the issue of
litigation history with Kent. All of the bidders had some litigation history reported. Kent’s litigation
history was not excessive when compared to the others. There was an issue with a prior contract
with the City of Miami regarding the living wage, but that was has cleared up. Actually, the City of
Miami is one of the firms that the City of Miami Beach contacted for references, and they gave Kent
very high marks. Kent also had an issue of the City of Miami when there was an event to unionize.
That attempt failed and Kent is currently a nonunion contractor. Some of the others are union. As
you know, the State of Florida is a right to work State and the City cannot bar a nonunion contractor
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 46
After Action January 13, 2016 Commission Meeting City of Miami Beach
from a City contract. There is also some issue with the National Labor Relations Board allegations.
The Office of the City Attorney did some research on that, and did not find anything substantial.
Finally, the second issue relates to the allegation that the City allowed the bidders to change the
price. That is incorrect. There is nothing in the process that will allow the bidders to change the bid
prices, once the bid has been awarded.
Chuck Tear, Director of Emergency Management, stated that he and the Police Chief have
discussed the item, and they support the City Manager’s recommendation.
Lili Bach spoke in opposition of Kent.
Raul J. Aguila, City Attorney, stated that while the City is aware of the living wage noncompliance
with Kent. Mr. Aguila just wants to correct the record as there was no actual litigation commenced by
the City of Miami with regard to, and Kent provided restitution.
Alex Heckler, Esq. spoke on behalf of the incumbent firm, Security Alliance.
Fermin Gomez spoke on behalf of Security Alliance.
Representative of Kent Alliance notified the Commission that he was present to answer any of their
questions; and provided their history.
City Manager Morales stated that Kent was ranked # 1.
Commissioner Steinberg stated that she is not comfortable with Kent being one of the recommended
security firms. Commissioner Steinberg is uncomfortable with Kent’s background. She takes these
matters very seriously. These are men and women who have families and they work and she wants
them to be treated very well. She just cannot see herself right now in good conscience allowing a
company to come in as one of the top people to take over a potential contract where they have had
issues, so she does not know that Kent is the best responsible vendor.
Commissioner Arriola agrees with Commissioner Steinberg. His company supplies services to a
great deal of municipalities. His company is subject to living wage Ordinances, and they comply. It is
pretty easy; you have to pay the wage. If you do not, it is an unfair advantage to everyone else. With
regard to security, that is something the City should not mess around with. They saw what happened
on 9/11 when airlines were responsible for security and lowest cost won, and they saw what
happened. They cannot mess with this.
City Manager Morales stated that our staff looked at Kent’s background. They reached out to the
City of Miami, which is the one entity that they are complaining that Kent did not comply with in terms
of living wage. Everything the City of Miami Beach has been told by the City of Miami is positive. The
City of Miami gave Kent very high marks. Companies often have hiccups, and Kent obviously
addressed them. Two of these companies are nonunion companies; the others appear to be union
friendly companies. His recommendation is that if you do not want to go down this path, then the City
should go out and do a complete analysis of all of these companies. His guess is, as Alex Denis
pointed out; none of these companies have clean hands. They all had issues, so if you are going to
be fair to all the companies lets fully vet all these companies. At the end of the day, the City can go
with three companies, two companies; the City could just have one company. If they remove one of
the three, then the City Manager would recommend going with the other two and not necessarily
expanding beyond that. The City Manager has been involved with procurement matters for 20 years.
The whole point of competitive procurement is that nobody has an entitlement to a contract.
Sometimes you get to a difficult point, were a long-standing vendor is not selected. There are
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 47
After Action January 13, 2016 Commission Meeting City of Miami Beach
transitions. The new companies hire some of these folks from before. That stuff can happen here. If
you have competitive procurement, one of the potential consequences is that a current vendor is not
selected. It is hard, but it is the reality.
Commissioner Grieco moved the item as a pool with the number two and three ranked/point getter
companies (Allied Barton and GS4) being selected.
Commissioner Steinberg asked if Mr. Grieco would amend his motion to add that the selected
companies do everything in their power to really try to look at the people who are currently under
employment with Security Alliance and give them the first shot at jobs under the new contracts,
because there are some good people who work here and have worked here for 10 years, 20 years,
and she would hate to see just because a new company is coming that they will be out of a job.
Especially Tony from City Hall.
Alex Denis, Procurement Director, stated that they could add the provision requested by
Commissioner Steinberg to the contracts. Alex Denis to handle.
City Manager Morales stated that both of those companies, Allied Barton and GS4 are also
incumbents.
Seconded by Commissioner Malakoff.
Voice-vote: 6-1; Opposed: Commissioner Rosen Gonzalez.
Handouts and Reference Materials:
1. Email from Lili Bach ,LBach@seius32bj.org. dated January 8, 2016, to City Clerk, RE: SEIU 32BJ letter
re Security RFP.
2. Letter from Helene O’Brien, Florida director, SEIU 32BJ to Mayor, Commissioners and City Manager,
dated January 7, 2016, RE: Kent Security’s Record.
3. Letter from Alexander P. Heckler, Esq., dated January 12, 2016 RE: Agenda Item R7H.
4. Email from David Custin custindr@davidcustin.com dated January 12, 2016 RE: Item R7H relating to
RFP #2015-013-YG For Security Officer Services.
5. Information about Kent Security, compiled by SEIU 32BJ dated January 7, 2016.
6. Signed post cards to Keep Miami Beach Safe; Vote NO to Kent Security in Miami Beach!
7. Letter dated January 29, 2016, from Neisen O. Kasdin, addressed to Mayor Levine; Vice-Mayor Alemán;
Commissioners Steinberg, Grieco, Malakoff, Rosen Gonzalez and Arriola; City Manager Morales; and City
Attorney Aguila RE: RFP 2015-013-YG (Security Officer Services) – Unfair Treatment of Kent Security.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 48
After Action January 13, 2016 Commission Meeting City of Miami Beach
5:23:00 p.m.
R7I A Resolution Authorizing The City Manager To Decline, In Writing, The Owner’s Reciprocal Right Of
First Refusal, As Required Pursuant To The Terms Of Section 36.2 Of The Agreement Of Lease
(“Ground Lease”) Between The City (“Owner”) And 1691 Michigan Ave Investments LP (“Tenant”),
Dated As Of September 1, 1999, Involving The Improvements To The Property (“Project”) Located
At 1691 Michigan Avenue, Miami Beach, Florida; And Further Approving Tenant’s Sale Of The
Project To CLPF - Lincoln, LLC, A Delaware Limited Liability Company (“Proposed Purchaser”),
Subject To The Administration’s Successful Completion Of Its Evaluation Of The Proposed
Purchaser In Accordance With Article 10 Of The Lease (“City’s Due Diligence”), And Payment To
The City Of Its Reasonable Costs Incurred In Connection With The Proposed Sale Including, Without
Limitation, Reimbursement Of The City’s Due Diligence Costs; And Further Authorizing The City
Manager And City Clerk To Execute Any And All Closing Documents On Behalf Of The City.
(Tourism, Culture & Economic Development)
(Deferred from December 16, 2015 - R7B)
ACTION: Resolution 2016-29268. Motion by Commissioner Grieco for the City not to exercise its
right to purchases; with the caveat that the Office of the City Attorney scrutinize to the fullest extent
allowed by law/contract, including ensuring that the buyer held the $20 million requirement for assets
for an reasonably adequate period prior to the transaction; Seconded by Commissioner Malakoff.
Voice-vote: 7-0. Max Sklar to handle.
City Manager Morales stated that the expiration is tomorrow, January 14, 2016, and the City was not
able to get an extension. The City tried and the City had folks looking for buyers but none emerged.
Mayor Levine asked if there was some kind of extension the Administration could possibly get.
Max Sklar, Tourism, Culture & Economic Development Director stated that the City requested an
extension today, with the City Attorney. However, the request was declined by the tenant.
Mayor Levine thinks that the tenant did things improperly, and they have to give an extension to the
City; as there are some potential irregularities.
Raul J. Aguila, City Attorney, explained that the City requested an extension to this meeting, on
whether or not to exercise the right of first refusal. If the City does exercise the right of first refusal
(the option to purchase), what that means is the City has to purchase the parking garage for the sale
price that the tenant provided in the notice, $109,250,000. The City also has to negotiate a purchase
in sale contract, and the City has to close no later than 90 days following the date that that
purchasing sale contract is executed.
Mayor Levine asked of the City Attorney if there are not certain things that would allow the City to
extend this option.
City Attorney Aguila responded that there are not, it is voluntary. The City did get one extension for a
month to bring it to you today, and any other extension is at the discretion of the current tenant.
The Mayor inquired if there were any irregularities with this.
City Attorney Raul J. Aguila explained that as the ground lessor of the garage, in other words the
garage sits on our land. The City has the right to approve, subject to the ground lease, any potential
buyers, and the tenant has notified the City of a potential sale, and the tenant provided the notice
required under the ground lease. The City had a certain amount of time that the tenant provided the
City to either exercise the purchase of the garage for the same purchase price that they have the
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 49
After Action January 13, 2016 Commission Meeting City of Miami Beach
purchasing sale agreement on, or if they don't, then the City proceeds to go ahead and approve the
proposed buyer. The City’s approval is really limited to 1) the new buyer takes the property subject to
ground lease, and 2) there are specific approval terms of the ground lease, specific criteria as to
whether or not the purchaser qualifies as a permitted buyer.
Mayor Levine believes the City should extend its option, there is always the chance that the buyer is
not qualified.
City Attorney Aguila explained that the City cannot unilaterally do that. If the City extends its option,
then the City enters into the approval timeline, and if the City does not approve a permitted buyer
within the time period proved, then the City waives the right to approve them and they just
automatically are approved.
Mayor Levine inquired if there is anything the City is allowed to change.
City Attorney Aguila responded that any amendment of the lease is subject to both parties’
agreement. There are no unilateral changes that the City could make to the ground rules.
City Manager Morales stated that in terms of irregularity, the process of the lease for the right of first
refusal is that the tenant was supposed to first come to the City and say to the City that they are
thinking of selling the building or selling their interest in the ground lease. Then the City would have
an opportunity to negotiate, and then the City would go find a buyer. Instead, the tenant came to us
simultaneously, the tenant came to the City and said by the way we want to sell the ground lease,
and this is the offer we received.
Mayor Levine stated that it could be deemed a violation and the City wants an extension.
City Attorney Aguila stated that the terms of the right of first refusal are expressly set forth in the
lease.
Mayor Levine inquired if the City does not agree to do anything, what happens?
City Attorney Aguila responded that if the City agrees to do nothing, then what happens is: 1) the
City cannot subsequently exercise our right of first option. Therefore, if for example, we were to
agree today to exercise our right to purchase the garage, what the City would do is proceed to
negotiate a purchase and sale agreement with the tenant, on the same purchase price, and the City
would have to negotiate a purchase sale agreement and close within 90 days. If the City doesn’t
close, and there is a deposit, the City would forfeit it, and, under the ground lease if the City
exercises the option and the City does not close, the City waives its future right to approve future
sales of that garage.
Rafael Paz, First Assistant City Attorney, explained it is an issue of the timing, whether the tenant
had to notify us earlier with their thoughts about selling their interest in the property. W henever they
did on November 9, the City still have 45 days to make the decision, and the City has taken that
time, plus an extension. Therefore, from the tenant’s perspective, they would say the City had time to
review.
Commissioner Grieco agrees with the Mayor. Commissioner Grieco inquired what the City has to
sign off on. What are the conditions of approval?
City Attorney Aguila explained that this is a sale, under the terms of this ground lease. Ordinarily, as
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 50
After Action January 13, 2016 Commission Meeting City of Miami Beach
the City has done with these types of public-private projects that the City owns the ground in the
past, the City’s responsibility is to approve the proposed purchaser as a permitted buyer. The lease
sets forth criteria for that. They have to have a minimum net worth threshold, they have to take the
property subject to the ground lease. The lease has criteria for approving the buyer.
Rafael Paz, First Assistant City Attorney, listed additional criteria. They cannot have a bankruptcy in
the last seven years, they cannot have a conviction or be under the indictment, they have to have
minimum assets of $20 million, they cannot have been adverse to the City in any litigation in the last
seven years, and they cannot be a foreign instrumentality. Those are the basic provisions.
Discussion continued regarding what is a foreign instrumentality.
Mr. Paz confirmed that the proposed purchaser is not a foreign instrumentality.
City Manager Morales explained that the City did have a couple other groups come in and look at it
pursuant to our potential and they were not able to get comfortable.
Commissioner Grieco explained that he had spoken to the City Manager and Max Sklar about a
month about the concept of bringing someone else in, other potential buyers. It seemed like it was
kind of a one off, this is the City’s land and he didn't want to see the City signing off and waiving our
rights without having a say on what is going on.
Commissioner Steinberg had the same thought. She was very upset that the City is being pushed
into a box in a sense. If the Office of the City Attorney is advising the Commission that the only
options are either refuse or find a buyer by tomorrow, those are not options that she think are viable
for us right now. I think the City is going to have to refuse. Moving forward on any of the City’s other
properties, Commissioner Steinberg wants there to be clarification and language so that this does
not occur again.
City Attorney Raul J. Aguila reiterated the City’s legal options. The City can either not exercise its
right to purchase the property, or proceed with its due diligence as to whether or not the proposed
purchase meets permitted buyer criteria. Alternatively, exercise the City’s right to purchase the
property, which means the City has to purchase the property for $109,250,000, and then negotiate a
purchase and sale contract and close within 90 days of negotiating the contract. If the City does not
close, if there is a deposit that is part of the negotiation, the City could possibly forfeit that, but more
importantly if the City does not close, the penalty provided under the ground lease, the penalty for
not closing of the ground lease is that the City waives its right to approve any future buyers.
The Mayor provided another alternative, which is to send a letter to the tenant and say the City is not
taking either of the above action, and the City will get some type of extension.
City Attorney Aguila explained that if the City takes neither of the above, then under the ground
lease, the response is going to be that as of the right to purchase the property, the City’s option has
expired and deemed waived. If the City does not approve the permitted buyer in a permitted amount
of time, then the approval rights is deemed waiver and the buyer is approved. It is not ambiguous.
City Manager Morales added that in the current leases, for instance in the Convention Center Hotel
lease, assuming it is approved by the voters, the City has put language that if they sell it in the
future, the City receives money.
Max Sklar explained that the lease in question is from 1999.
Commissioner Grieco detailed the history of the present lease that the current City Commission
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 51
After Action January 13, 2016 Commission Meeting City of Miami Beach
inherited, and how we have arrived at today’s events. Commissioner Grieco added that the City has
learned its lesson and incorporated clauses into its current leases to prevent this situation.
Commissioner Grieco reiterated this Commission’s frustration at the current situation, and the entire
body's attempt to get creative to get the tenant to the table.
Gisela Torres, Senior Assistant City Attorney, recapped the timeline. City Attorney Aguila explained
that the City had already received a 30-day extension.
Motion by Commissioner Grieco for the City not to exercise its right to purchases; with a caveat that
he wants the Office of the City Attorney to scrutinize this new buyer as much as possible, including
the $20 million asset requirement to, ensure that those assets where there well before today.
Seconded by Commissioner Malakoff.
5:40:35 p.m.
R7J A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs Committee,
And Approving The Proposed South Beach Trolley Route And Service Plan; And Further Authorizing
The City Manager To Negotiate An Interlocal Agreement With Miami-Dade County For The
Approved South Beach Route, Which Negotiated Agreement Shall Be Submitted To The Mayor And
City Commission For Approval Prior To Execution.
(Transportation)
ACTION: Resolution 2016-29269 adopted. Motion by Commissioner Grieco, seconded by Vice-
Mayor Alemán Voice-vote: 7-0. Jose Gonzalez to handle.
Jose Gonzalez, Transportation Director, introduced the item. Mr. Gonzalez explained that at the
December 18, 2015, Neighborhood/Community Affairs Committee, the members made a motion
recommending the South Beach trolley route and the service. This resolution before the Commission
today authorizes the City to consider working with Miami-Dade Transportation on an interlocal
agreement; and the City would work with Miami-Dade Transit to terminate the current agreement
that allows for the South Beach Local service, and would allow the City to implement the South
Beach trolley. The South Beach Local is funded, one third of the annual operating cost by the City,
and two-thirds by the County. The City’s contribution is approximately $1.3 million, so as we continue
to work with the County, the Administration would look to reallocate that funding toward the South
Beach trolley; and for the County's contribution to be redirected towards some type of express or
enhanced bus service, serving Miami Beach. Mr. Gonzalez highlighted how the proposed trolley
route differs from the South Beach Local. Mr. Gonzalez explained that the City intends, via the
trolleys, to provide a higher-level service than the current South Beach Local. The trolleys will run
with 10 to 15 minutes headways. The City plans on operating Monday through Saturday, from 6:00
a.m. to 12:00 a.m., and on Sundays from 8:00 a.m. to 12:00 a.m. These are longer hours that the
South Beach Local. The Trolley will provide better east to west connection via 11th Street, and the
City will continue to serve Belle Isle, but because of the low ridership at that stop, it will be at lesser
frequency of 30 minute.
Mayor Levine stated that the plans look great.
Mr. Gonzalez clarified that in the resolution, in order to implement this proposed trolley service as
soon as possible, the City may need to conclude the current South Beach Local agreement with
Miami-Dade Transit before the termination date. Mr. Gonzalez added that this termination would not
interrupt service.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 52
After Action January 13, 2016 Commission Meeting City of Miami Beach
Commissioner Steinberg asked if the City was recapturing the City’s PTP (Peoples’ Transportation
Plan) portion of its funds. Mr. Gonzalez replied in the affirmative, and that it would be part of the
negotiations for the interlocal agreement.
In response to Vice-Mayor Alemán’s question, Mr. Gonzalez replied that there is no termination fee
of any kind, and that the City could terminate for convenience. Mr. Gonzalez reiterated that there
would not be any interruption of service; the termination of the South Beach Local would occur on
the same day the trolley system becomes operational. Mr. Gonzalez added that the trolleys would
provide a higher level of service.
Commissioner Steinberg asked to look into environmentally friendlier/greener trolleys. Mr. Gonzalez
explained that the current contract is for diesel-powered trolleys. Commissioner Steinberg asked
Jose Gonzalez to look into for the future. Jose Gonzalez to handle.
5:45:32 p.m.
R7K A Resolution Urging The Florida Legislature To Oppose HB 163 And SB 300 Regarding
Amendments To The Florida Statutes Regarding The Open Carry Of Firearms And Weapons.
(Sponsored by Commissioner Kristen Rosen Gonzalez)
(Legislative Tracking: Office of the City Attorney)
ACTION: Resolution 2016-29270 adopted. Motion by Commissioner Rosen Gonzalez, seconded
by Commissioner Malakoff . Voice-vote: 7-0. Office of the City Attorney and Rafael E. Granado to
handle.
Commissioner Rosen Gonzalez explained that there is a bill in the Senate and the House, regarding
“open carry” that will allow people to strut their weapons if they have a concealed weapons permit;
they would just be allowed to carry their weapons anywhere. There is a second bill to allow guns on
college campuses. Miami Beach should take a leadership role in this, and send a message to
Tallahassee that this is not acceptable. .
Debora Turner, First Assistant City Attorney, explained that this is a resolution urging the legislature
to opposed Oppose HB 163 And SB 300 relating to the open carry of firearms and weapons.
5:46:47 p.m.
R7L A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Change Order,
Design-Build Contract With David Mancini & Sons, Inc., For Design-Build Services Includes: 1)
Additional Design, Permitting And Construction Services To Provide A 54” Redundant Sewer Force
Main Project To 11th Street (From Euclid Avenue To Pump Station No. 1, West Of Meridian Avenue);
(2) Replacement Of Existing Water, Sewer, And Stormwater Infrastructure; (3) Refurbishing Of
Pump Station No. 1; And (4) Street Improvements Relating To Elevating Final Grade, Upgrading Of
Lighting, New Paving, And Landscaping; For A Total Amount Of $6,165,012; Plus An Owner's
Project Contingency In The Amount Of $616,501; For A Grand Total Of $6,781,513, With Previously
Appropriated Funding And Additional Funding Request Subject To The 2nd Amendment To The FY
15/16 Capital Budget.
(Public Works)
ACTION: Resolution 2016-29271 adopted. Motion by Commissioner Malakoff, seconded by
Commissioner Grieco. Voice-vote: 7-0. Eric Carpenter to handle.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 53
After Action January 13, 2016 Commission Meeting City of Miami Beach
Eric Carpenter, Assistant City Manager/Public Works Director, introduced the item. This is the 54-
inch redundant force main contract that we had awarded last summer. The City is well underway
with the contract; however, while we are looking at the scope of work for the open cut on 11th Street,
between Euclid and Jefferson, there are three blocks that the City will be open cutting a 54-inch
sewer force main. The City is tearing up the entire street for that installation. The Administration
thought it might be prudent, while we are there, to go ahead and do final streetscape improvements,
including doing some elevating of that particularly low-lying area of 11th Street and redoing the water
mains. The Administration is interested in moving forward with the entirety of those three blocks,
which is approximately $4 million and then there is $2 million of issues that the City has identified
with pump station # 1, which is the most critical sanitary sewer pump station. The City has new
management at our operations group, and they are doing complete assessments of all pump
stations. This is our most critical one.
City Manager Jimmy Morales explained that of all the pump stations, this is the most critical piece.
This is the pump station that clears out South Beach. The other work is, while we have the ground
open, if we want to do the pipes, this is the time to do it.
Mayor Levine asked if we have the money.
Mr. Carpenter and City Manager Morales explained that the City has identified the funding.
5:49:04 p.m.
R7M A Resolution Approving And Authorizing The City Manager To Execute A Public School Concurrency
Proportionate Share Mitigation Development Agreement (“Agreement”), Attached Hereto As “Exhibit
1,” Between The City Of Miami Beach (“City”), Miami-Dade County School Board (M-DCSB) And
The Following Property Owners: 500 Alton Road Ventures, LLC; South Beach Heights I, LLC; 1220
Sixth, LLC; And KGM Equities, LLC, Hereinafter Jointly Referred To As “Property Owners” Of 500-
700 Alton Road (Hereinafter The “Property”); Which Agreement Provides For The Payment Of
$788,650 Toward School Board Concurrency By Property Owners To M-DCSB Due To The Property
Owner’s Application To Construct 485 Multifamily Residential Units On The Property; And Which
Agreement Is Consistent With The Requirements Of The Amended And Restated Interlocal
Agreement (ILA) Between M-DCSB And The City, Dated December 12, 2007.
(Office of the City Attorney)
ACTION: Resolution 2016-29272 adopted. Motion by Commissioner Arriola, seconded by
Commissioner Malakoff. Voice-vote: 7-0. Office of the City Attorney to handle.
Thomas Mooney, Planning Department Director, introduced the item. This is a resolution pursuant to
the interlocal agreement. This relates to a new development project that is subject to school
concurrency requirements, and they have agreed to enter into a mitigation plan with the School
Board. The project is 500 to 700 Alton Road.
Eve Boutsis, Deputy City Attorney, introduced the item. This is the Waves project, between 500 to
700 Alton Road. When the new project is done that adds residential units, its required pay a
concurrency fee to the School Board for new classrooms that are required under the calculations.
This is required under the City’s interlocal agreement with the School Board.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 54
After Action January 13, 2016 Commission Meeting City of Miami Beach
5:50:27 p.m.
R7N A Resolution Declaring The Official Intent Of The City Of Miami Beach, Florida To Enter Into A Loan
In Order To, Among Other Things, Reimburse Itself From The Proceeds Of Such Loan For Funds
Advanced By The City For Certain Expenses Incurred With Respect To The Placement Underground
Of Utility Lines On Sunset Islands 3 And 4; And Authorizing Certain Incidental Actions.
(Office of the City Attorney)
ACTION: Resolution 2016-29273 adopted. Motion by Commissioner Malakoff, seconded by
Commissioner Rosen Gonzalez. Voice-vote: 7-0. Office of the City Attorney to handle.
Rafael Paz, Jr., First Assistant City Attorney, introduced the item. This is a reimbursement resolution
that is required by IRS regulations relating to tax-exempt debt. A special assessment district for
Sunset Islands 3 and 4 was created in December, and the residents and the City Commission
approved the special assessment. The City is moving forward with the project and the City needs to
fund certain expenses. The City will use general fund revenues and then be reimbursed by the
proceeds of a loan. Most likely, that loan will use the renewal of the line of credit that the City has
and that will come back to the Commission in the next few months. The resolution before the
Commission would permit the general fund to be reimbursed from the proceeds of the loan and
ultimately the loan itself will be reimbursed by the special assessment.
5:51:36 p.m.
R7O A Resolution Authorizing The Mayor And City Clerk To Execute Amendment No. 2 To The
Design/Build Services Agreement Between The City Of Miami Beach, Florida, And Central Florida
Equipment Rentals Inc., Dated January 24, 2014 (The Agreement) For The Right Of Way
Infrastructure Improvement Project No. 8b, Lower North Bay Road Project; The Amendment
Includes; 1) Acceleration Of The Construction Of All Phases Of The Project, 2) Allowance For
Reimbursable Expenses Associated With Remediation Work In Contaminated Area, And 3)
Allowance For Street Lighting Improvements; For A Total Amount Of $2,878,260; Plus A Five (5)
Percent Owner’s Contingency In The Amount Of $645,908, For A Grand Total Of $3,524,168; From
Previously Appropriated Water And Sewer Bonds And Stormwater Master Plan Program Fund, And
Capital Reserve Funding Subject To 2nd Amendment To FY 2015/16 Capital Budget.
(Capital Improvement Projects)
ACTION: Resolution 2016-29274 adopted. Motion by Commissioner Grieco to approve the
resolution; seconded by Commissioner Arriola. Voice-vote: 7-0. David Martinez and Eric Carpenter
to handle.
DIRECTION:
Bring back at the February 10, 2016 Commission Meeting with a potential budget amendment
proposal to get lighting done in this neighborhood.
David Martinez, CIP Director, introduced the item. He stated that it has four components: 1.
Acceleration of the project, where $1.5 million will be paid at specific milestones; 2. Allowances, this
project requires certain things to happen regarding water and soil disposal; 3. Street lighting, they
currently have $400,000 for the project, but estimates calculate the amount needed being $500,000;
and 4. Contingency, when this project was originally awarded, they did not request a contingency for
it, and they would like to ask for contingency money at this point. They are only capturing 5% in
terms of the usual 10%. Therefore, that equals approximately $3.5 million for the change order.
Vice-Mayor Alemán asked if this neighborhood will get the much-needed light fixtures.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 55
After Action January 13, 2016 Commission Meeting City of Miami Beach
Mr. Martinez replied that they will install the light poles, and work on the underground components,
but the biggest problem is lack of funds for the project.
Discussion held regarding the neighborhood’s street lighting.
Commissioner Malakoff stated that they cannot allow this neighborhood to continue going through
this construction process. The work needs to be accelerated, with longer work hours, and more
crew.
Commissioner Grieco asked what can be done to get further ahead on the lighting issue.
Mr. Martinez replied that increased funding would help, because currently they do not have enough
funds to complete the light fixture project.
Eric Carpenter, Assistant City Manager/Public Works Director, explained where they have been
getting the funds to finance this project.
Commissioner Arriola stated that they should go ahead with the project as if they got all the
necessary funds, because the City will finance the cost. This job needs to be done.
Commissioner Grieco moved the item with direction for it to return to the City Commission next
month with a potential budget amendment proposal to get the lighting done in this neighborhood.
5:58:05 p.m.
R7P A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1
To The Design-Build Services Agreement Between The City Of Miami Beach, Florida, And Ric-Man
International, Inc., For The Design-Build Services For Neighborhood No. 8: Sunset Islands 3 & 4
Right-Of-Way Infrastructure Improvements Project; The Amendment Includes 1) Additional Design,
Permitting And Construction Services Associated With Homeowners’ Association’s (HOA) Requests,
Miscellaneous Repairs, Construction Related Changes, And Additional Utility Undergrounding
Activities; And 2) Time Extension Of Forty-Three (43) Calendar Days; For A Total Amount Of
$339,625; Plus An Owner's Project Contingency In The Amount Of $800,000; For A Grand Total Of
$1,139,625, With Previously Appropriated Funding And Additional Funding Request Subject To The
2nd Amendment To The FY 15/16 Capital Budget.
(Capital Improvement Projects)
ACTION: Resolution 2016-29275 adopted. Motion by Commissioner Malakoff, seconded by
Commissioner Grieco. Voice-vote: 7-0. David Martinez to handle.
David Martinez, CIP Director, stated that this is an amendment to the Ric-Man International design
build agreement for $339,626 and also adding $800,000 of owners’ contingency to the project, which
it did not have originally. There are several items that are part of this amendment, and there is
reconfiguration of intersections, additional cost related to FP&L materials that we have not received.
There is also additional water meters, and relocation of a pump station. The Homeowners
Association asked him to put on the record a request to not charge them the $160,000 that is part of
the amendment attributed to the undergrounding due to the work delay.
Commissioner Rosen Gonzalez asked if this meant that the City would be paying for the
neighborhood’s undergrounding fee.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 56
After Action January 13, 2016 Commission Meeting City of Miami Beach
Mr. Martinez explained that the request from the Homeowners Association was due to work delay,
but it was not the fault of the City or homeowners, the process was very long, and required going
through many hoops and hurdles with FP&L.
Commissioner Rosen Gonzalez believes that the work was disorganized, and that the utility
underground should have happened at the beginning. Works of this type should be done right the
first time.
Commissioner Malakoff stated that the homeowners have to agree to have the tax district and
payback, otherwise the cost of undergrounding will cost the City tens of millions of dollars.
Peter Luria, former member of the Board of Directors of Sunset Islands 3 & 4, detailed the work that
took place on North Bay Road and how work was delayed by not purchasing the FP&L conduits on
time, and the project going over budget.
Mr. Martinez clarified that the project’s budget cap will not be exceeded. He then explained the long
process of purchasing the conduits from FP&L, only for them to renege on the deal at the 11th hour,
this was a major factor in the delay.
SUPPLEMENTAL MATERIAL 3: Title Change
R7Q A Resolution Authorizing A “License Agreement,” Attached Hereto As Exhibit A, Between The City
Of Miami Beach (“City”) And The State Of Florida Department Of Transportation (“FDOT”), Which
Reflects A License Of Use By FDOT Along The Southeasterly Right-Of Way Line Of Alton Road (SR
907) And The City’s Golf Course (“Licensed Area”), To Be Occupied And Used By FDOT As A
Drainage Inlet, And During Construction, Restoration, Sloping, And Grading For The Highway
Improvements Along Alton Road.
A Discussion Regarding A License Agreement Between The City Of Miami Beach And The Florida
Department Of Transportation.
(Public Works)
ACTION: Item withdrawn.
6:09:43 p.m.
ADDENDUM MATERIAL 2
R7R A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Creating An
Ad Hoc Host Committee For The June 2017 United States Conference Of Mayors Annual Meeting
(“Annual Meeting”), To Be Held In Miami Beach, In Order To Raise Funds For The City’s Hosting Of
The Annual Meeting; Prescribing The Duties, Manner Of Appointment, And The Terms Of Office Of
Host Committee Members; Establishing That The City’s Hosting Of The Annual Meeting Serves A
Public Purpose; Authorizing The Acceptance Of Donations Made To The City For The City’s Hosting
Of The Annual Meeting; And Authorizing The City Manager, Or His Designee, To Make Such
Expenditures And/Or Reimbursements From The Aforestated Donations In Furtherance Of And
Consistent With The Hosting Of The Annual Meeting.
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: Office of the City Attorney)
ACTION: Resolution 2016-29276 adopted. Motion by Commissioner Arriola, seconded by
Commissioner Malakoff. Voice-vote: 7-0. Office of the City Attorney and Gloria Baez to handle.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 57
After Action January 13, 2016 Commission Meeting City of Miami Beach
Raul J. Aguila, City Attorney, introduced the item. The City will be hosting the U.S. Conference of
Mayors in 2017. The item placed on the agenda would effectively create an ad hoc host committee
and properly raise funds for the required public expenses for the conference. This would also
authorize the City Manager to deal with the monies the City has raised for the conference.
Mayor Levine stated that Miami Beach won the honor to host the U.S. Conference of Mayors for the
first time. It will be hosted at the Fontainebleau. At this point, it is important to raise the funds
necessary for the event.
R9 - New Business and Commission Requests
R9A Board And Committee Appointments.
(Office of the City Clerk)
ACTION: The following appointments, reappointments and changes were made:
AFFORDABLE HOUSING ADVISORY COMMITTEE:
Sarah Leddick Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Rosen Gonzalez
AUDIT COMMITTEE:
Patricia Valderrama Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Rosen Gonzalez
BOARD OF ADJUSTMENT
Daniel J. Nagler (General Business)
Term End 12.31.17 Term Limit: 12.31.21 Appointed by City Commission
BUDGET ADVISORY COMMITTEE:
Joe Landsmann Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Rosen Gonzalez
Jonathan Beloff Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Malakoff
Steve Zuckerman Term End 12.31.16 Term Limit 12.31.23 Appointed by Commissioner Arriola
COMMITTEE FOR QUALITY EDUCATION IN MIAMI BEACH:
Yvette Tache Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Rosen Gonzalez
Removed due to absences:
Marina Avilas
Lior Leser
COMMITTEE ON THE HOMELESS:
Dr. Lourdes Oroza Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Rosen Gonzalez
CONVENTION CENTER ADVISORY COMMITTEE:
Laurence Herrup Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Malakoff
Elizabeth Resnick Term End 12.31.17 Term Limit 12.31.20 Reappointed by Commissioner Rosen Gonzalez
DISABILITY ACCESS COMMITTEE:
Roger Abramson Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Rosen Gonzalez
Nancy Soler-Rammos Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Alemán
Helen Swartz Term End 12.31.17 Term Limit 12.31.18 Reappointed by Commissioner Malakoff
HISPANIC AFFAIRS COMMITTEE:
Alex Fernandez Term End 12.31.17 Term Limit 12.31.21 Reappointed by Comm issioner Rosen Gonzalez
Regina Suarez Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Malakoff
Veronica Camacho-Krieger – Concluded on 12.30.15
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 58
After Action January 13, 2016 Commission Meeting City of Miami Beach
HISTORIC PRESERVATION BOARD:
Jack L. Finglass (Category 3 –At Large residing in historic district)
Term End 12.31.17 Term Limit: 12.31.21 Appointed by City Commission
Stevan J. Pardo (Category 5 – Architect or Attorney registered in the U.S.)
Term End 12.31.17 Term Limit: 12.31.21 Appointed by City Commission
LGBT ADVISORY COMMITTEE:
Gayle Durham Term End 12.31.17 Term Limit 12.21.22 Reappointed by Commissioner Grieco
David Lancz Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Rosen Gonzalez
Tony Lima Term End 12.31.16 Term Limit 12.31.23 Appointed by Commissioner Alemán
Nelida Barrios Resigned 12.28.15
MAYOR’S BLUE RIBBON PANEL ON SEA LEVEL RISE:
Scott Robins Term End 12.31.16 Term Limit 12.31.16 Appointed by Mayor Levine
Michael DeFilippi Term End 12.31.16 Term Limit 12.31.16 Appointed by Mayor Levine
Wyn Bradley Term End 12.31.16 Term Limit 12.31.16 Appointed by Mayor Levine
MARINE AND WATERFRONT PROTECTION COMMITTEE:
Joe Aberbach Term End 12.31.16 Term Limit 12.31.23 Appointed by Commissioner Arriola
Sasha Boulanger Term End 12.31.16 Term Limit 12.31.18 Reappointed by Commissioner Alemán
Robert Rabinowitz Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Rosen Gonzalez
Marie Manon Hernandez Term End 12.31.17 Term Limit 12.31.22 Reappointed by Commissioner Rosen Gonzalez
Dr. Ronald Shane Term End 12.31.17 Term Limit 12.31.21 Reappointed by Commissioner Malakoff
MAYOR’S BLUE RIBBON PANEL ON SEA RISE:
Wyn Bradley Term End 01.06.17 Term Limit 01.06.17 Appointed by Mayor Levine
Michael De Filippi Term End 01.06.17 Term Limit 01.06.17 Appointed by Mayor Levine
Scott Robins Term End 01.06.17 Term Limit 01.06.17 Appointed by Mayor Levine
MAYOR’S NORTH BEACH MASTER PLAN STEERING COMMITTEE:
Kirk Paskal Term End 12.31.16 Term Limit 12.31.16 Appointed by Mayor Levine
Brad Bonessi Term End 12.31.16 Term Limit 12.31.16 Appointed by Mayor Levine
MIAMI BEACH COMMISSION FOR WOMEN:
Mercedes Carlson Term End 12.31.16 Term Limit 12.31.18 Reappointed by Commissioner Grieco
Dr. Loretta Ciraldo Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Rosen Gonzalez
Lizette Lopez Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Steinberg
Tiffany Lapciuc Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Rosen Gonzalez
Nancy Bernstein Resigned 1.5.17
MIAMI BEACH HUMAN RIGHTS COMMITTEE
Ivan Cano Term End 12.31.17 Term Limit 12.31.19 Reappointed by City Commission.
Bradley A. Ugent Term End: 12.31.17 Term Limit 12:31.18 Reappointed by City Commission.
William H. Warren Term End: 12.31.17 Term Limit 12:31.19 Reappointed by City Commission
Alan B. Fishman TL Term End: 12.31.16 Term Limit 12:31.16 Reappointed by City Commission
Jarred L. Reiling Term End: 12.31.17 Term Limit 12:31.21 Appointed by City Commission
PARKS AND RECREATIONAL FACILITIES BOARD:
Jenifer Caplan (Golf) Term End 12.31.17 Term Limit 12.31.19 Reappointed by City Commission
Robert Gonzalez Term End 12.31.16 Term Limit 12.31.23 Appointed by Commissioner Arriola
Elaine Soffer-Seigel Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Rosen Gonzalez
Will Martinez (Golf) Term End 12.31.16 Term Limit 12.31.21 Appointed by City Commission
Lee Zimmerman Term End 12.31.16 Term Limit 12.31.21 Reappointed by Commissioner Malakoff
Removed due to absences:
Ronald Krongold
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 59
After Action January 13, 2016 Commission Meeting City of Miami Beach
LGBT ADVISORY COMMITTEE:
Dale Stine Term End 12.31.16 Term Limit 12.31.17 Reappointed by Commissioner Malakoff
Tony Lima Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Alemán
POLICE/CITIZENS RELATIONS COMMITTEE:
Jack Beneviste Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Malakoff
Steve Berke Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Rosen Gonzalez
Richard Hull Term End 12.31.16 Term Limit 12.31.23 Reappointed by Commissioner Alemán
Steve Oppenheimer Term End 12.31.17 Term Limit 12.31.17 Reappointed by Commissioner Alemán
PRODUCTION INDUSTRY COMMITTEE:
Tom Musca Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Rosen Gonzalez
SUSTAINABILITY COMMITTEE:
Nancy Bernstein Term End 12.31.17 Term Limit 12.31.23 Appointed by Mayor Levine
Michael DeFilippi Term End 12.31.16 Term Limit 12.31.21 Reappointed by Commissioner Arriola
Richard Conlin Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Rosen Gonzalez
TRANSPORTATION, PARKING, BICYCLE-PEDESTRIAN FACILITIES COMMITTEE:
Ray Breslin Term End 12.31.17 Term Limit 12.31.21 Reappointed by Commissioner Malakoff
JP Morgan Term End 12.31.17 Term Limit 12.31.23 Appointed by Commissioner Rosen Gonzalez
NON-CITY COMMISSION COMMITTEES:
Miami-Dade County League of Cities
Commissioner Micky Steinberg Appointed by Mayor Levine as City’s Representative
Commissioner Kristen Rosen Gonzalez Appointed by Mayor Levine as Alternate
Miami-Dade County Homeless Trust
Commissioner Joy Malakoff Appointed by Mayor Levine as City’s Representative
6:09:30 p.m.
R9A1 Board And Committee Appointments - City Commission Appointments.
(Office of the City Clerk)
ACTION: The following At-Large appointments reappointments were made:
Motion made to appoint and reappoint the following members by acclamation
BOARD OF ADJUSTMENT
• Daniel J. Nagler appointed (General Business category) by acclamation.
HISTORIC PRESERVATION BOARD:
• Jack L. Finglass appointed (Category 3 – At Large member who has resided in one of the City’s
historic districts for at least 1-year, and has demonstrated interest/knowledge in architectural or
urban design and the preservation of historic buildings) by acclamation.
• Stevan J. Pardo appointed (Category 5 – One architect 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 preservation) by acclamation. Clerk’s Note:
Mr. Pardo is an attorney.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 60
After Action January 13, 2016 Commission Meeting City of Miami Beach
MIAMI BEACH HUMAN RIGHTS COMMITTEE
• Ivan Cano reappointed by acclamation.
• Bradley A. Ugent reappointed by acclamation.
• William H. Warren reappointed by acclamation.
• Alan B. Fishman reappointed (Attorney licensed in Florida category) by acclamation.
• Jarred L. Reiling appointed by acclamation.
PARKS AND RECREATIONAL FACILITIES BOARD
• Jenifer Caplan reappointed (Golf Category) by acclamation.
• Will Martinez appointed (Golf Category) by acclamation.
Clerk’s Note: City Clerk Rafael E. Granado announced Vice-Mayor Alemán had nominated Mr.
Martinez’s after the printing of Release # 3; and his application and resume had not been
distributed. Motion by Mayor Levine to appoint Mr. Martinez to the Parks and Recreation Facilities
Board (Golf Category). Motion accepted by acclamation.
8:34:07 a.m.
R9B1 Dr. Stanley Sutnick Citizen’s Forum.
1. Stewart Turner, spoke about Feinberg Fisher Elementary School. Students and parents from Miami-
Dade County are here to speak about issues faced by Feinberg Fisher. He stated that Feinberg is
the largest K-8 Center and the only school that houses daycare, high school completion classes and
a medical clinic. Children face disadvantages; 86% of students get free lunch and out of 86%, 90%
do not get any more meals that day. Some families live in shelters. The school is the only center in
Miami Beach that educates disabled children. They have the best teachers and administrators who
refuse to let the school down.
A group of students spoke regarding the lack of playground or gym at the school, the auditorium is
condemned and there are no plans for repair and bathrooms are in disarray. They stated that the
windows are boarded up
Mr. Turner added that afternoon activities are needed for students, as well as outside intervention
and money to protect children. He added that community partners and teams can help revitalize
Feinberg Fisher. In four years the school will turn 100 years old, and he hopes that they can meet
with the City Commission in the future for the betterment of the children.
Commissioner Grieco thanked everyone for speaking out. There is a company called KaBoom! that
goes around the country building playgrounds. He promised that they will do everything in their
power to improve the current condition.
Commissioner Rosen Gonzalez stated that she met with Dr. Karp and they are bringing it to their
School Board agenda.
Mr. Turner added that we need to save our youth now, and help them get into college. They want to
create a positive outlook for the children.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 61
After Action January 13, 2016 Commission Meeting City of Miami Beach
Vice-Mayor Alemán suggested having a tour of the facility. Cilia M aria Ruiz Paz to handle.
2. Peter Russin, speaking on Single Family residences, lives in Miami Beach. He stated that the City
has a silent majority that does not understand the impact of this legislation. The City needs to make
the appropriate decisions and educate the residents that are affected. He asked that they consider 1)
that regulations be reduced by an additional 5-45%; it is a further 10% reduction on top of the prior
28% reduction, and that is a significant amount of potential value that property owners have to give
up. They need to give a chance to see what it is built in less than two years. In addition, it is
important to consider what the ultimate goal is. Please consider the long-term impact on property
owners that should come first.
3. Eric Greenwald, resident of the City since 2001, spoke against the development regulations, as they
go too far. They substantially reduced the lot coverage; they would reduce property value and make
it difficult to sell old homes. He is opposed to this legislation. If changes are made without evidence
that they were necessary, single-family homeowners would not forgive those who bring these
changes. Stand up for single-family homeowners and vote no.
4. Helene O’Brien, Director of Florida Service International Union Local 32BJ, resenting Security
Officers in Miami Beach and requesting to exclude Kent Security from the RFP on item R7H. She
enumerated her reasons to speak against Kent Security, including poor treatment of employees.
5. Lyle Stern opposed to the down zoning of private property rights in Miami Beach. This is
unwarranted at this time and suggested not moving forward with this at this time.
6. Tory, Security Guard for the City of Miami Beach, he has been working here for over five years, and
opposes awarding the contract to Kent Security. He stated that he has over 90 signatures of guards
opposing bringing in Kent Security. He highlighted the poor treatment of employees by Kent.
Commissioner Arriola asked what issue he had with Kent Security
Tory stated that he does not want to work for a company that abuses its employees.
7. Camellia, Miami Beach Security Guard, suggested to continue working with the current company
and opposes Kent Security.
8. Michelle Hausman, Artistic Director of Miami New Drama, stated that theater creates better
communities, and on Saturday, he invited the City Commission to attend. There is an item on the
agenda, C7H, to waive rent for the Colony Theatre that they are renting for over a month. He is
thankful for the City Commission for their help.
Commissioner Malakoff stated that it is a pleasure to have a theatre here.
9. Carlos Ramos, South Florida AFL-CIO, representing security officers; security officers are here to
protect the public. As elected officials, it is the City’s responsibility to select a company that is good
to its employees. They opposed awarding the contract to Kent Security.
10. Tom Richardson spoke regarding Allison Park and Wellness Center. They are following the issue
and have seen the people that want to develop the beachfront park. They hope that Allison Park is
not on the table for a site for a super development.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 62
After Action January 13, 2016 Commission Meeting City of Miami Beach
11. Ralph Choeff stated that when raising flood level by three feet, the additional area will allow for
draining, and they will out scale any residence that exists; scale should not be a factor. Homeowners
will not be able to get insurance. People are filing for scale and landscape of Miami Beach. This City
Commission changed the Ordinance just less than two years ago, and not enough time has passed
to see the impact. New homes would look identical from 25 to 35%.
12. Dalia McDonald, Save Allison Park, reminded the City Commission that moderate progressive cities
do not destroy parks. She asked the Commission to keep this in mind. Their movement is growing
and they are getting stronger. The Jackson Rehabilitation Center has broken ground, and that would
have incredible research facility. In light of this development, some of the premise is in need of
reevaluating.
13. Bruce Bachman read statement into the record regarding item C4H. Do not increase the scale of
buildings. We cannot handle the density increase.
14. Bradley Colmer spoke on neighborhood program. Not proposing an increase in density, just height.
They want to continue Neighborhood outreach.
15. Schlome Benshmul is opposed to changes to single-family residence. He gave a brief history as to
buying his family’s home in Miami Beach, and the need of additional space. If new regulations pass,
he would not be able to build his family’s dream house. No one he has spoken to agrees with the
proposed changes. He stated that the Commission should vote no on this proposed Ordinance.
16. Andrew Morrow, Sunset Island No. 3, is a proponent of small development, and stated that this
proposed Ordinance will reduce the value of every single-family lot in Miami Beach.
17. Mark Levin, Miami Beach Homeowner stated that homes are out of scale. He is afraid of a concrete
box being built next to his home. People are very unhappy. He and his family may leave Miami
Beach if this continued.
Handouts and Reference Materials:
1. Feinberg Fisher K-8 Center pamphlet.
1:11:20 p.m.
R9B2 Dr. Stanley Sutnick Citizen’s Forum. (1:00 p.m.)
1. Laurie Baucham spoke regarding Art Deco Weekend, and presented an Art Deco poster to the City
Commission.
2. Ruth Nieves wants to insist on the extension of the transportation of the trolley. Before electric
transportation, she would appreciate the service of trolleys from North Beach to South Beach. They
need help with emergency transportation.
City Manager Morales stated that the North Beach trolley is in circulation and in June 2016, there will
be a Mid-Beach trolley along with a connector to connect the North Beach to Mid Beach and the
Collins Park neighborhood. They are working diligently on that.
Commissioner Arriola explained that the project is months away.
Discussion held.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 63
After Action January 13, 2016 Commission Meeting City of Miami Beach
3. Stanley Shapiro stated that it has been 40 years since he has been in Miami Beach. The average
age of Miami Beach is getting younger. He Commended Vice-Mayor Alemán for her help with the
issue with the Fire Department. He commended everyone on the dais. Being a member of the City
Commission is a full-time job. He expects great things from Mr. Arriola. He asked them to avoid what
happened in the last City Commission with lack of transparency. He thanked David Wallach and
Tony Goldman.
4. Steve Cohen stated that five years ago he was a member of the PAL and exposed wrongdoing in
that organization. He is here today as the one who crusaded against PAL to tell them that they
needed the support of the City Commission. The PAL had broad community support and a 25-yea r
agreement expiring in 2023. He sees the PAL being pushed into a ten-year agreement, as it is the
maximum agreement the City can do. He gave a brief background of his ties to the PAL since
childhood, and his concern with the 10-year lease is that this City Commission will be termed out; the
City Attorney and City Manager will not be here. They need a recommendation from the Office of the
City Attorney and Administration to renew the agreement for another 25 years.
Commissioner Malakoff stated that leases longer than ten years have to go to a referendum.
Discussion held.
Jimmy L. Morales, City Manager, asked the City Attorney if the Boys & Girls Club agreement is a
ten-year agreement.
Mr. Aguila explained that it is a management agreement and at the end of the management
agreement term, it will become the City’s facility. He explained that PAL is a lease, and at the end it
becomes a City owned building, but if the City wanted to extend the lease, it may trigger a
referendum because the building is located in a park.
Discussion continued regarding lease extension.
Mr. Cohen asked if the current lease can be extended to 2023 and then do a ten-year lease.
Mr. Aguila stated that it would still trigger a referendum.
5. Marie Grande stated that the Haas Racquetball building at Flamingo Park should not be demolished.
6. Ken Beresky stated that the City is not bicycle and pedestrian friendly. A video was shown where a
bike rider was hit from behind by a vehicle.
Mayor Levine stated that they are working on a bike plan.
City Manager Morales stated that the City is doing an investigation on this incident.
7. Steve Horwitz stated that he wants the Haas Racquetball Court to be preserved.
Handouts or Reference Materials:
1. Letter from Jüergen Brendell, Venetian Island Homeowners Association, dated January 11, 2016.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 64
After Action January 13, 2016 Commission Meeting City of Miami Beach
2:55:59 p.m.
R9C Miami Beach Convention Center Quarterly Construction Project Update.
(Office of the City Manager)
ACTION: Discussion held. By acclamation, the Commission agreed to receive quarterly oral updates
regarding the Miami Beach Convention Center Construction project during the Commission meetings
of April, July and December. Monthly written updates will be transmitted via the LTC that is
referenced in the Report and Information Items section of the Commission Agenda. Maria
Hernandez to handle.
Maria Hernandez, Capital Projects Director, MBCC, gave an update on the project. Ms. Hernandez
recapped that the groundbreaking had occurred and that the bonds had closed in December. Ms.
Hernandez explained that the City, Clark and Spectrum are coordinating to ensure shows continue
as the construction is underway. On January 21, the City’s team will start a more intense
coordination with Art Basel. The Commission memo highlights the status of where they are.
Ms. Hernandez handed out the project dashboard, and explained it. The City has spent $13.5 million
in construction costs by December 31, 2015. The way that money has been spent is on the Key
Activities, section of the Commission Memo The Site has been secured by a temporary fence. There
is a decorative scrim that we are designing now that we will be installed. It will be beautiful. The
interior temporary wall between the construction areas and the open areas for events is complete.
The work continues to separate utilities and mechanical systems to keep the event area open for
programming. Work also continues on the new fire command center. The demolition began on the
north loading dock, the 21st Street Community Center is almost gone, and in the east lobby, we
started our auger testing in the loading dock area. We boarded the steel and the owner trailers are
on-site waiting to be hooked up. Clark’s trailers will arrive later in the month of February. Therefore,
we have owner costs of about $24.5 million that have been utilized. All of these funds have been
spent over the last two years to get us to where we are today. The big thing that happened under our
soft cost is that we had a significant savings in the project insurance that resulted in a savings of
about $5 million, which is going back into the owners contingencies so we there is about $40 million
in owner's contingency. Finally, staff is requesting that the Commission agree to allow them to
perform quarterly updates to the City Commission, like today. In April, if we do the next one, it is a
little more involved when there is a great deal more going on. The Administration will schedule one-
on-one briefings with the Commissioners before that. Updates are going to focus on two things: 1)
Schedule and 2) budget. They oral Commission briefings would happen in April, July, and
December, or on an as needed basis if the Commission wants a more detailed briefing. The
Administration is also going to provide monthly updates in an LTC format. They are going to put
those in the back of the agenda along with the other project updates from the other departments. By
the way, this has been agreed to by the County.
By acclamation, the Commission agreed to receive quarterly oral updates regarding the Miami
Beach Convention Center Construction project during the Commission meetings of April, July and
December. Monthly written updates will be transmitted via the LTC that is referenced in the Report
and Information Items section of the Commission Agenda.
Handouts or Reference Materials:
1. Convention Center Renovation & Expansion Project Dashboard, dated January 2016, Exhibit A.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 65
After Action January 13, 2016 Commission Meeting City of Miami Beach
9:58:13 a.m.
SUPPLEMENTAL MATERIAL 3: Memorandum & Final Report
R9D Presentation Of Mayor’s Ocean Drive Task Force’s Final Report.
(Sponsored by Mayor Philip Levine)
ACTION: Discussion held. Commissioner Grieco moved to refer the item to the Land Use and
Development Committee (LUDC) Meeting of January 20, 2016 at 3:00 p.m.; hold additional special
LUDC meetings if necessary, with the caveat that they agree to bring the item back to the March 9
2016 Commission Agenda; seconded by Vice-Mayor Alemán. Voice vote: 7-0. Thomas Mooney to
place on the Committee agenda. Susanne M. Torriente to handle.
RECOMMENDATIONS:
1. Implement by November 2016
2. Additional Police and Code Compliance Resources
3. Premium Ocean Drive parking for non-resident
4. Eliminate the Tunnel, as it is unsafe and blocks lights
5. Extension of west sidewalk, not to exceed 5-feet
6. Move all café operations adjacent to buildings / create a pedestrian zone
7. Differentiate color paver to promote clear pathways and business zones
8. Uniform lighting
9. Seasonal lighting for turtles and tourists
10. City specific low profile umbrellas from 5th to 15th Streets
11. Umbrellas and awnings of pastel colors
12. Planning Department oversight of umbrellas and awnings
13. Planning Department oversight of café permitting
14. Lummus Park – reexamine how to preserve, enhance and activate it
15. Arts and Craft shows
16. Sculpture Installations
17. Activate Ocean Drive west of the dunes
18. Periodic vehicular closures of Ocean Drive
19. Noise mitigation
20. Licensing procedures and hours for bus tours
21. Automobile noise restrictions
22. Do not advocate eliminating east facing music
23. Clean up
24. Install modern information electronic sings – unify the presentation
25. Hold operators accountable
26. Contact for City Management of Ocean Drive upgrades
27. Special Taxing District oversight
Mayor Levine introduced the item and thanked Jonathan Plutzik and the entire committee for a
wonderful job. The idea is to move forward and review the recommendations.
Jonathan Plutzik, Chair, Mayor’s Ocean Drive Task Force, explained that the work done and
recommendations were unanimous. He recognized the different departments and staff, including Jeff
Oris and Nick Kallergis, who supported them in their effort.
PowerPoint presentation shown.
Mayor Levine recognized Frank Amadeo, Jonathan Bennett, Steven Boucher, Jeff Feldman, Joyce
Garret, Mitch Novick, Reagan Pace and Alex Tonarelli. He suggested that this item be referred to
LUDC and added that there will be no public comment on this. At LUDC, public opinion will be heard.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 66
After Action January 13, 2016 Commission Meeting City of Miami Beach
Commissioner Malakoff welcomed the members and added that she will work to help the City with
Ocean Drive.
Commissioner Grieco moved the item to LUDC on January 20, 2016 at 3:00 p.m.; hold additional
special LUDC meetings if necessary, with the caveat that they agree to bring the item back to the
March 9 2016 Commission Agenda; seconded by Vice-Mayor Alemán.
Discussion held.
Commissioner Rosen Gonzalez stated that Jonathan tackled this with so much effort and thanked
the entire Committee.
Commissioner Arriola thanked the Task Force members.
Handouts and Reference Materials:
1. Email from Frank Del Vecchio fdelvecchio@atlanticbb.net dated January 11, 2016 RE: What to Do About
Ocean Drive?
2. PowerPoint printout dated January 13, 2016 Report to Mayor and City Commission from the Mayor’s
Ocean Drive Task Force.
6:12:50 p.m.
R9E Discussion Regarding The Possible Addition Of A Skate Park In North Shore Open Space Park.
(Sponsored by Commissioner Ricky Arriola)
ACTION: Discussion held. There was consensus to move forward with the Skate Park and refer to
Neighborhood/Community Affairs Committee to discuss requirements to help guide the City
Commission to the best location; moved by acclamation. Daphne Saba to place on the Committee
agenda. Jeff Oris to handle.
REFERRAL:
Neighborhood/Community Affairs Committee
TO DO:
• North Beach Master Planner to identify possible location in North Beach for a Skate Park.
• John Rebar to clarify the requirements for a Skate Park.
John Rebar, Parks Department Director, explained the item.
Commissioner Malakoff inquired if a passive park can have a Skate Park. Mr. Rebar responded that
as long as there are no deed restrictions that prohibit it, it would be possible.
Vice-Mayor Ale mán stated that she would like to see if it is possible to clarify the requirements for a
Skate Park and have staff come back with a set of possible options, and match each site and make
the selection.
Discussion held.
Commissioner Malakoff has been to the Skate Park in Santa Monica, and it is not a combination of
bikes and skates; she does not think these two sports should be together.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 67
After Action January 13, 2016 Commission Meeting City of Miami Beach
City Manager Morales suggested looking at all sites and figure out what makes the most sense
there.
Commissioner Grieco suggested referring this item to NCAC.
Commissioner Rosen Gonzalez asked if Pine Tree Park could be used as a Skate Park
R9F Presentation By The New World Symphony On Their Partnership With The Harvard Graduate
School of Design (GSD) Entitled “Boutique City” And An Update On The City’s Partnership With The
GSD For A Two-Year Design Studio To Study The Impacts and Potential Responses to Sea Level
Rise In Miami Beach.
(Office of the City Manager)
ACTION: Item withdrawn.
6:21:20 p.m.
SUPPLEMENTAL MATERIAL 4: Additional Information
R9G Update Regarding 2016 Early Voting Location At Miami Beach City Hall.
(Office of the City Clerk)
ACTION: Update given. Motion made by Commissioner Malakoff to approve Option 1; seconded by
Commissioner Steinberg; Voice vote: 6-1; Opposed: Commissioner Grieco. Rafael E. Granado to
handle.
Rafael E. Granado, City Clerk, stated that handouts were distributed to Mayor Levine and City
Commissioners. He explained that at the December 16, 2016 Commission Meeting, direction was
given to maintain the Early Voting locations for 2016 at City Hall, and the Miami-Dade Elections
Department wanted to move the location to the Miami Beach Regional Library. The Office of the City
Clerk has looked at three possible options:
Option No. 1:
First Floor Conference Room
Level stairs inside
Install Carpet
Install AC tent in breezeway area
Cost $47,000 for March - $8,900 for August and $8,900 in November for a total of $65,000.
Total space after work is complete is 2,395 square feet
Option No. 2:
Short-Term Parking Lot area was discarded as proposed due to:
Public Works was not in agreement with this option
Inability to place a tent inside
Option No. 3:
Seventh Floor Parking Garage was the option preferred
Bring in portable bathrooms
Install AC tent in parking area
Cost $23,500 for March 5 - $23,800 for August 30 and $24,500 in November 8 for a total of
$71,718.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 68
After Action January 13, 2016 Commission Meeting City of Miami Beach
City Clerk Granado explained that the proposals have been given to Miami-Dade Elections
Department and they still prefer Miami Beach Regional Library for a location; however, after
reviewing the options given, they are concerned with option three due to electrical issues. Out of the
three, they would prefer Option 1.
Commissioner Grieco stated that historically the City does not spend money to hold the elections
and asked if the City usually spends money to this extent to hold the elections.
City Clerk Granado explained that the problem is that this is a Presidential Election, and the Miami-
Dade Elections Department wants to keep the lines less than an hour; they want to have the same
location for the three elections coming up in 2016, in March, August and November, for voters to get
used to it. The Election Departments opines that the First Floor Conference Room is unacceptable
because it is too small. They want to use the Library, which would be their ideal place as far as size.
Commissioner Grieco stated that the elections have always been held in the First Floor Conference
Room, and asked what has changed and why the City is spending money. He wants to find out why
the City has to spend money and leveling floors.
City Clerk Granado explained that because of the steps, the Elections Department cannot place the
privacy booth in that room and in as many locations as they want to keep the lines less than an hour.
The Elections Department’s position is that they are giving the City a viable location (the Library),
and the City is requesting the relocation, so they are refusing to reimburse us.
Discussion held regarding spending funds and lack of parking at the Library.
Commissioner Grieco stated that at the Library no one can park; that location is viable for the
Elections operation; he read an article about how the rest of the world is voting online and here we
are using a tent. He is failing to understand how the County tells the City what we need to spend.
Clerk Granado informed that the Elections Department has received a directive from the Governor to
keep the lines for less than an hour. He stated that ultimately it is the Elections Department’s
decision.
Commissioner Steinberg stated that the more opportunities there are to make it easier for voters that
come to vote is a good thing, and this is an important thing.
City Clerk Granado explained that with Option 1 the room will be usable even after elections are
concluded, and the City gets something in return. He added that moneys will be allocated from the
Election budget.
Handouts and Reference Materials:
1. Email from Rafael Granado to Christina White dated January 12, 2016 RE: Commission Memo EV
Location Options.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 69
After Action January 13, 2016 Commission Meeting City of Miami Beach
6:27:15 p.m.
R9H Discussion Regarding “Welcome To Miami Beach” Sign On The MacArthur Causeway.
(Sponsored by Mayor Philip Levine)
ACTION: Discussion held. Commissioner Steinberg suggested referring the item to the Finance and
Citywide Projects Committee and bring back next month. Lilia Cardillo to place on the February 10,
2016 Commission Agenda if received. Anthony Kanewski to handle.
REFERRAL:
Finance and Citywide Projects Committee
Bring back to the City Commission in February
Commissioner Malakoff stated that the City needs a very “Miami Beach/South Beach” welcome sign,
and beautification of the overpass. They have had two different proposals that were in the millions of
dollars; she suggested painting it, landscaping the bottom and adding lighting.
City Manager Morales explained that they are waiting for the Alton Road Plaza to finish and now
after the holidays they will expedite.
Commissioner Grieco proposed doing a competition with high school kids regarding the design of
the sign.
Mayor Levine stated that the City needs a sign that is iconic and impressive, that is Art Deco and
spectacular; this is about branding the City itself at its main entrance.
Commissioner Arriola stated that they hired Alan Shulman and Associates to design some iconic
signage for North Beach and he came up with beautiful signs, and he suggested hiring an architect
that does this and make it iconic.
Mayor Levine added that this will be seen by everyone coming into Miami Beach.
Discussion continued regarding funding and how to proceed.
Commissioner Arriola suggested putting out an RFP.
Commissioner Malakoff asked about the overpass.
Discussion continued.
Eric Carpenter, Assistant City Manager and Public Works Director, stated that they spoke to FDOT
for painting options, and the direction was to paint it white and add landscaping and up lighting on it.
Bruce Mowry, City Engineer, suggested finding money to paint the bridge.
Discussion continued regarding up lighting.
Commissioner Steinberg suggested referring the item to the Finance and Citywide Projects
Committee and bringing back next month.
Commissioner Rosen Gonzalez added that homeless sleep under the overpass and suggested
placing planters instead.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 70
After Action January 13, 2016 Commission Meeting City of Miami Beach
6:32:45 p.m.
R9I Discussion Regarding Extending Boardwalk From 5th Street To 1st Street.
(Sponsored by Mayor Philip Levine)
ACTION: Discussion held. Eric Carpenter to handle.
Elizabeth Wheaton, Building Department Assistant Director, introduced the item. She explained that
they are in the process of getting it designed and permitted. They anticipate receiving the permit by
the end of March or April 2016, if all goes well, and are awaiting confirmation from FDOT regarding
funds to be allocated by July 2016 ($850,000) towards the construction.
Commissioner Grieco asked Ms. Wheaton to give an explanation as to why this site has taken so
long to complete.
Ms. Wheaton explained that the original project extended from South Pointe Drive to 5th Street.
When going through the design process, they designed the entire section; however, the ideal
location for that pathway is in the western side of the dunes, so they needed to obtain easements
from the upland properties. All the properties south of the park at 3rd Street provided easements, but
they were not able to obtain them from the properties north of the park. There was a decision made
at that time to split the project into two phases, to continue to try to secure those easements but
were not able to do so. They approached the State and asked if they could build a pathway on State
land. The path has now shifted into the dunes system and that increases the permitting.
6:35:00 p.m.
R9J Discussion Regarding Motorcycle/Scooter Discounted Hourly Parking Rates.
(Sponsored by Mayor Levine)
(Legislative Tracking: Parking)
ACTION: Discussion held. Saul Frances to handle.
Saul Frances, Parking Department Director, introduced the item. He explained that currently there is
a meter discounted rate of $1 an hour for residents, and they can potentially designate
approximately 600 motorcycle spaces throughout the City through Park Mobile provided that
discounted rates for motorcycles and scooters at those designated spaces. One of the caveats is
that the rates would have to be consistent throughout the City at all scooter/motorcycle spaces.
Discussion held regarding scooter spots.
Commissioner Steinberg asked how the spot is differentiated for scooter or motorcycle space.
Parking Director Frances explained that each will have the zone assigned to it. When someone
parks in either one space using the Park Mobile App, they enter the zone number and that identifies
it with the discounted rate.
Discussion continued regarding rates.
Commissioner Steinberg is concerned with taking away parking spaces from vehicles for scooters,
and there is no penalty for them to use either spot.
Vice-Mayor Alemán added that residents use scooters to basically reserve a public parking spot or
their own personal parking spot, and they need to figure out a way to resolve that.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 71
After Action January 13, 2016 Commission Meeting City of Miami Beach
Saul Frances, Parking Department Director, stated that they are working with the Office of the City
Attorney to find solutions.
Discussion continued.
Aleksandr Boksner, First Assistant City Attorney, explained that he has discussed with Director
Frances issues regarding the ability to designate certain spaces as motor vehicles parking spaces;
however, there are certain limitations that apply to State law. They will be addressing that more in-
depth to find a manageable solution that will be palatable for the City Commission and the citizens.
The City is limited due to State law and what State law defines as such, and the City’s ability to
provide proper legal notice if violations are to be issued.
Discussion continued regarding scooter parking illegally.
Mr. Boksner explained that having both the scooter and vehicle in one spot is illegal, and that is
subject to enforcement by the Parking Department. Based upon the definition of State law, this is a
good way of attacking those parking illegally, but would not apply to motorcycles; as it is deemed a
motor vehicle under State law. Signage requirement is a legal component for enforcement action,
and that will be a policy determination that they will be presenting hopefully by March.
Parking Director Frances explained that regarding the issue in North Beach, those are not metered
spaces, the issue at hand with the discounted rate, they currently have that if they have a
scooter/motorcycle registered and if they are residents. The discounted rate is obtained by using the
Park Mobile if they are residents at $1 an hour.
Mayor Levine asked if they want to open it up to scooters in general. There was no consensus.
Discussion continued.
4:45:18 p.m.
R9K Discussion Regarding LTC 485-2015, Resolution Approved By The Committee On The Homeless,
Offering Recommendations To Augment The City’s Efforts To Address Homelessness Within Our
Community.
(Sponsored by Vice-Mayor John Elizabeth Alemán)
ACTION: Discussion held. Resolution 2016-29277 adopted. Motion made by Commissioner
Malakoff; seconded by Commissioner Steinberg to accept the Committee’s recommendations and
move forward. Voice-vote: 7-0. Lilia Cardillo to place proposed Ordinance changing the configuration
of the Committee on the Homeless to include a Police Officer on the February 10, 2016 Commission
Agenda if received. Office of the City Attorney to handle.
RECOMMENDATIONS:
Resolution to be drafted after the fact
Move forward with the marketing concept targeting Hotel Associations
Add a Police Officer to serve in the Committee Office of the City Attorney to draft Ordinance for
first reading on February 10, 2016.
Daniel Nagler, Committee for the Homeless Chair, explained that on December 16, 2015 the
Committee passed a Resolution and Committee members are here to present their
recommendations, which include a five-point plan with a goal to decrease the homeless population
and adding incentives for them to accept services offered. Mr. Nagler recognized Valerie Navarrete,
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 72
After Action January 13, 2016 Commission Meeting City of Miami Beach
Gail Harris, Debra Schwartz, Freddy Funes, Jonathan Kroner, Calvin Kohli and City Liaison Maria
Ruiz. He explained briefly the educational process that included data from the Outreach team in
order to make the recommendations. They also visited some shelters, specifically the Miami Rescue
Mission among others. The City is spending a great deal of money on continuum care and
addressing the needs of this population. They want to be as efficient as possible in doing this. He
encouraged the City Commission to approve the Committee’s resolution.
A PowerPoint presentation was shown.
Maria Ruiz, Housing and Community Services Director, stated that they will be using Federal dollars
to place homeless individuals in shelters, and to employee persons to engage the homeless
individuals on the streets and ensure that they remain in the shelters and/or accept services. This
will compliment what the City has been doing for the last decade, including job opportunities for the
homeless.
Commissioner Malakoff stated that on behalf of the City she will take the PowerPoint presentation to
the Homeless Trust during her first meeting.
Vice-Mayor Alemán believes the City has the best team and great services, and educating residents
about the great job we do and what is available, making sure they know the number to call if they
have a concern; or they see something and they want to alert the City to something regarding
homelessness, but suggested going softer on the tourist side until they are more experienced
crafting the message, because they do not want to send the message that tourists should be
alarmed about homelessness. She suggested editing that and accepting the recommendations in the
Committee’s resolution, except targeting tourists.
Valerie Navarrete explained that the members added tourists because they have many homeless,
but during the day, the numbers go up even more. She agreed that they should do something
tasteful and soft, but it needs to be done.
Commissioner Malakoff suggested designing a creative campaign.
Mayor Levine asked if possibly, the City could work with the Hotel Associations in the rooms and
market the campaign to give $1 to help the homeless of Miami Beach, but not give money to them in
the streets. This would become a positive overall and innovative.
Discussion continued regarding Trespassing signage.
Commissioner Steinberg suggested coming back with specifics, but moving forward with the
concept.
Handouts or Reference Materials:
1. PowerPoint titled “Strategic Actions to Address Homelessness in Miami Beach,” presented by the
Committee on the Homeless.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 73
After Action January 13, 2016 Commission Meeting City of Miami Beach
6:41:41 p.m.
R9L Discussion Regarding North Beach Senior Center/HVAC-Related Matters.
(Sponsored by Commissioner Kristen Rosen Gonzalez)
(Legislative Tracking: Office of the City Attorney)
ACTION: Discussion held. Motion made by Commissioner Arriola to identify funding source
($200,000 to $250,000) and initiate repairs of the HVAC; seconded by Commissioner Rosen
Gonzalez; Voice vote: 7-0. Office of the City Attorney to handle.
Commissioner Rosen Gonzalez asked if they can repair the HVAC system for seniors at the North
Beach Senior Center.
Raul J. Aguila, City Attorney, stated that they have filed a construction defect claim with the
contractor; a demand letter, and if this situation becomes contentious, litigation may take some time.
In the interim, because summer is approaching and the facility is a City owned building, ultimately
the City has the responsibility for capital repairs of items. What happened is that the useful life of the
HVAC system has been severely shortened, due to a construction defect; in the meantime,
Commissioner Rosen Gonzalez would like to identify funding sources that would authorize the City
to repair the system before the summer.
Discussion held.
David Martinez, CIP Director, stated that the cost is about $250,000, and they would be approaching
through the NJPA program to repair quickly.
Discussion continued regarding maintenance responsibility.
Mr. Aguila thinks they may be looking at a construction defect. The HVAC should not be failing at
this point, and the useful life has been shortened.
Discussion held.
R9M Discussion Regarding Letter From Florida Department Of Transportation (FDOT), In Reference To A
Memorandum Of Understanding (MOU) Between The City Of Miami Beach, The City Of Miami,
Miami-Dade County And FDOT For The Beach Corridor Direct Connection Project, And Our
Directive As A Commission To Agree To An Unsolicited Bid Process.
(Sponsored by Commissioner Kristen Rosen Gonzalez)
ACTION: Item withdrawn.
1. Email from Kristen Rosen Gonzalez kmrosen@yahoo.bom dated January 12, 2016 RE: Pull R9M and
R9T from agenda.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 74
After Action January 13, 2016 Commission Meeting City of Miami Beach
6:45:29 p.m.
R9N Discussion Regarding Permit Requirements For Small Photography Sessions In Public Space.
(Sponsored by Commissioner Michael Grieco)
ACTION: Discussion held. Commissioner Grieco gave direction to bring back to the next meeting.
February 10, 2016 Max Sklar to handle.
Commissioner Grieco introduced the item regarding permit and liability insurance for small photo
shoots. Professional photographers taking pictures in Miami Beach without a crew or production,
have to get a permit and show liability insurance. He has had two people call him about this issue,
and would like to see what can be done to clear it up.
Max Sklar, Tourism, Culture & Entertainment Department Director, stated that he would have to go
through the City Code and see if it requires a Code amendment, or if it is a matter of interpretation.
Commissioner Grieco gave the example of bicycle tours or workout teams in the City Parks, who do
not need to show liability, yet they are engaged in activities that could result in someone getting hurt.
Discussion continued.
Commissioner Steinberg requested to see the language in the City Code before voting. There may
be a reason why this was done in this manner.
Commissioner Grieco gave direction to come back next meeting on February 10, 2016, and pass a
resolution.
6:48:44 p.m.
R9O Discussion Regarding, Where "Hoverboard" Use Is Legal.
(Sponsored by Commissioner Michael Grieco)
ACTION: Discussion held in conjunction with R9P. Jose Gonzalez, Hernan Cardeno and Police
Chief Dan Oates to handle.
Commissioner Grieco stated that “Hoverboards” are illegal In all locations where Segways are not
allowed.
Aleksandr Boksner, First Assistant City Attorney, stated that Hoverboards are prohibited in the City,
as they are considered a motorized means of transportation, which carries the same restrictions as
Segways. He has contacted the Police Department and Code Enforcement on this matter.
Commissioner Arriola asked Major Causey whether the Police become involved with people who
ride aggressively. He gave the example of three in-line skaters who were on the Beachwalk and had
little regard for the public safety.
Major Causey stated that the first step would be to contact Security, but if that does not help, the
Police will get involved.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 75
After Action January 13, 2016 Commission Meeting City of Miami Beach
6:48:44 p.m.
R9P Discussion Regarding Hoverboard Usage In Areas W ith Heavy Pedestrian Traffic.
(Sponsored by Commissioner Micky Steinberg)
ACTION: See Action with R9O. Jose Gonzalez and Hernan Cardeno to handle.
6:51:28 p.m.
R9Q Discussion On The Flamingo Park Master Plan As It Relates To The Demolition Of The Robert C.
Haas Racquetball Building And The Addition Of The Padél Courts.
(Sponsored by Mayor Philip Levine)
ACTION: Discussion held. Item referred to the Neighborhood/Community Affairs Committee
(NCAC). Direction was given to place signs on the Haas building to inform residents of the NCAC
meeting. John Rebar to handle.
DIRECTION:
Place notices on the courts inviting residents to join discussion at the NCAC meeting regarding the
courts and the Haas building.
John Rebar, Parks and Recreation Department Director, introduced the item. There is an approved
plan to demolish the Haas Racquetball building as part of the Flamingo Park Renovation Master
Plan. This would take away two indoor courts, and install four outdoor courts. He is asking for
direction, whether to proceed on the current path, or whether the City Commission would like to save
the Haas building.
Discussion held regarding the Haas building use.
Vice-Mayor Alemán asked why the building is scheduled to be demolished, and whether it is unsafe.
Mr. Rebar stated that the building is unsafe due to electrical conduit issues, so at this time is not
open. He added that the building would be replaced with a four padél court.
Marie Grande expressed that many people are still interested in playing in the Haas building.
Mayor Levine asked to refer this item to NCAC, and then have the item return to the City
Commission.
Discussion continued.
Steve Horwitz stated that there is no conflict. All these sports play on the exact same court. The
problem is removing two indoor courts, and changing them for outdoor courts for a sport not many
people play.
Vice-Mayor Alemán asked to place notices on the courts inviting residents to join the discussion at
the NCAC meeting regarding the courts and the Haas building.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 76
After Action January 13, 2016 Commission Meeting City of Miami Beach
6:59:09 p.m.
SUPPLEMENTAL MATERIAL 4: Revised Memorandum
R9R Discussion: Proposed Alcoholic Beverages Ordinance Amendment - Modified Recommendations.
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: Office of the City Attorney)
ACTION: Discussion held. Office of the City Attorney to handle.
Commissioner Grieco stated that this legislation did not take the direction originally given, and he
asked his colleagues to have the cleanup language item come back to the February Meeting.
7:00:48 p.m.
R9S Discussion Regarding What The City Can Do To Improve Communicating Traffic Advisories
Internally And To The Public.
(Sponsored by Commissioner Micky Steinberg)
ACTION: Discussion held. Item heard with R9V. Nannette Rodriguez, Julia Yarbrough and
Chuck Tear to handle.
DIRECTION:
Disseminate information at movie theaters regarding traffic updates via text
Add text message number for traffic updates
Hold a two-hour transportation workshop
Commissioner Steinberg stated that there are complaints due to traffic in the City and not knowing
what is going on. There is internally a chain of command now in place; signage is in place for
projects taking place ahead of time, which informs the public, but it is not sufficient. Additional signs
are needed, social media is appropriate, but someone has to be responsible for alerting the public.
City Manager Morales stated that traffic advisories are communicated every day. Police also put out
traffic advisories. E-mail blasts are also sent.
Commissioner Grieco suggested people getting traffic instant text messages.
Commissioner Steinberg agreed but reminded the City Commission that text messages are public
record.
Marcia Monserrat, Special Projects Coordinator, stated that the telephone numbers would be public
record.
Discussion continued regarding telephone numbers being public record.
Commissioner Grieco suggested disseminating the information regarding the availability of traffic text
alerts at movie theaters. Nannette Rodriguez and Julia Yarbrough to handle.
Discussion continued.
Jose Gonzalez, Transportation Director, stated they are trying to reach the public; they have ten
VMS signs out providing traffic information.
Discussion held regarding Internal Communication chain of command.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 77
After Action January 13, 2016 Commission Meeting City of Miami Beach
Mayor Levine stated that during Art Basel, they manage traffic effectively, and he asked why that
company could not manage traffic in the City on a daily basis.
Discussion continued.
7:10:46 p.m.
Commissioner Grieco introduced his item R9V, as it too relates to traffic. It is essential to monitor
accidents and congestion as it is happening, specifically on 41st Street. Most people are trying to get
North or South in our City.
Jose Gonzalez, Transportation Director, stated that on 41st Street the signal was significantly long,
so they reduced the timing, as there are no major special events taking place. Those changes began
last week, and will be completed in two weeks.
Discussion held.
Major Causey stated that there is a request to do a modern signage on traffic signal lights. North and
South traffic lanes are an issue.
Commissioner Grieco suggested making some lanes where one cannot turn, but keep going
through.
Police Chief Oates stated that this would be labor intensive; as they begin, the height of their
activities will be beginning rush hour and well into the evening. There is a safety issue if you want
two Police Officers to control intersections. He suggested identifying certain intersections, and begin
there, but the community will have to be notified of the changes.
Discussion held.
Jose Gonzalez, Transportation Director, added that Intelligent Transportation is the solution.
Discussion continued regarding the Master Plan.
Commissioner Steinberg asked that in the interim, while they have VMS signs, add a text message
number. She also asked to bring this item back next month. She requested a list of traffic signals that
are not properly working. Marcia Monserrat to handle.
Mayor Levine requested a two hour Transportation Workshop. Jose Gonzalez to handle and
schedule.
Jose Gonzalez, Transportation Director, has provided an LTC that lists the issues.
Major Causey stated that the Police Department does have a chain of command they follow for
notifications; he gave the example of a recent accident that occurred, and they managed to get the
VMS signs provide the updated information within minutes.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 78
After Action January 13, 2016 Commission Meeting City of Miami Beach
SUPPLEMENTAL MATERIAL 1: Memorandum
SUPPLEMENTAL MATERIAL 4: Additional Information
R9T Motion To Reconsider Vote On Agenda Item R7C From December 16, 2015 City Commission
Meeting (Re: South Beach Component Of The Direct Connect Transit Project).
(Sponsored by Commissioner Kristen Rosen-Gonzalez)
ACTION: Item withdrawn by Commissioner Rosen Gonzalez.
Handouts or Reference Materials:
1. Email from Kristen Rosen Gonzalez kmrosen@yahoo.bom dated January 12, 2016 RE: Pull R9M and
R9T from agenda.
7:24:40 p.m.
ADDENDUM MATERIAL 1
R9U Discussion And Referral To Neighborhood/Community Affairs Committee Regarding The Flamingo
Park Project.
(Sponsored by Commissioner Kristen Rosen Gonzalez)
ACTION: Discussion held. Item not referred. Eric Carpenter and David Martinez to handle.
DIRECTION:
Come back with a plan/proposal at the February 10, 2016 Commission meeting for the Flamingo
Park neighborhood.
Commissioner Rosen Gonzalez stated that since 2002, the historic neighborhood of Flamingo
Park was identified that it needing resurfacing and fixing of their streets. Those streets are in
terrible condition; potholes the size of craters. The City has money allocated to fix this
neighborhood, and they are 7 years out in terms of Stormwater and street repairs. The residents
of Flamingo Park cannot wait seven more years. We have that money allocated, and maybe we
can do a quick fix for this neighborhood, given the money that was received from the General
Obligations (GO) Bonds in 2002. They have been waiting forever. Commissioner Rosen
Gonzalez suggested maybe adding garbage cans, lighting, and resurfacing, so that the
neighborhood is functional.
City Manager Morales stated that there is approximately $12 million in GO Bonds and other funds
allocated for the Flamingo Park neighborhood, which is a big area. We have plans in the works.
Two phases of a major project that includes streetscape, stormwater, wastewater and drinking
water, and that is a $120 million project in two phases. Phase one starting in 2017-18 and Phase
2 staring in 2018-19. Given the fact that the Flamingo Park area is not as intense of a flooding
area, the City could do a milling and resurfacing project with some streetscape with the $12
million in the short-term, and then delay the major underground work for 5-7 years. That is an
approach with the money we have.
Commissioner Rosen Gonzalez asked that in the interim, they could create a blue ribbon panel to
allow the residents properly plan for the work the City is going to perform in the short and long
term.
City Manager Morales said if given permission he would come back with a plan/proposal at the
February 10, 2016 Commission meeting. Mayor Levine agreed with the Manager’s suggestion to
come back with a plan/proposal for the Flamingo Park Neighborhood at the February 10
Commission meeting.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 79
After Action January 13, 2016 Commission Meeting City of Miami Beach
07:11:20 p.m.
ADDENDUM MATERIAL 2
R9V Discussion Regarding Short-Term PM Rush-Hour Gridlock Mitigation.
(Sponsored by Commissioner Michael Grieco)
ACTION: Discussion held. Item heard with R9S. See comments with R9S. Major Mark Causey to
handle.
7:27:30 p.m.
ADDENDUM MATERIAL 3
R9W Discuss Status Of The Apollo Mural By Jack Stewart.
(Sponsored by Commissioner Rosen Gonzalez)
ACTION: Discussion held. See also comments with Item R5A. Maria Hernandez to handle.
Commissioner Rosen Gonzalez inquired about the status of The Apollo mural by Jack Stewart; what
is the City planning to do with it; where is it now?
City Manager Jimmy Morales explained that the mural does not belong to the City; however, it has
been offered to the City. The Administration thought about putting it in the Convention Center. The
Administration went to the Art in Public Places Committee, and they shot it down very rapidly
because there are world-class artists waiting to place decoration, and in fact, they have selected
some of these artists to do public art, and the location at the Convention Center is programmed for
some other piece/another artists. The Administration has no place to put it on the Convention
Center, and no other place to put it. The City has hesitated to accept it, because has nothing to do
with it.
Mayor Levine inquired about placing it some place on the Convention Center Hotel, by it, or inside it.
City Manager Morales stated that the piece is very large.
Maria Hernandez, Capital Projects Director, MBCC, responded that it is 90-feet long and 17-feet tall.
Mayor Levine inquired about placing it along a wall of the Convention Center Hotel.
Max Sklar, Director of Tourism, Culture & Economic Development, responded that they have to look
at the Hotel design. However, they were waiting until after the referendum.
Vice-Mayor Alemán inquired if it was in good condition.
Max Sklar responded that it was not, and it would require a complete restoration. The City would
have to hire a conservator, and ball parking it would take a few hundred thousand dollars to repair it,
plus storage.
Mayor Levine inquired if it could go on the Senior Center. Max Sklar and Maria Hernandez
responded that they do not believe there is a wall long enough at the Senior Center.
The City Manager reminded the Commission that the Apollo Mural used to be in the old Versailles
building.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 80
After Action January 13, 2016 Commission Meeting City of Miami Beach
Maria Hernandez explained that one of the issues is that, if the pieces get lost it would be difficult to
replace them, and it is all in pieces in a big yard. The pieces have to be documented and bundled
somewhere where they will be safe.
Commissioner Steinberg stated that it is an iconic piece. The City needs to determine its condition, it
needs to be restored. They need to discuss where to put it but they should do something with it.
Vice-Mayor Alemán asked that if it is significant, are there museums that would want it.
Commissioner Rosen Gonzalez suggested placing it on the welcome sign.
City Manager Morales stated that he and Ms. Hernandez were very enthusiastic about putting it on
the south corner of the Convention Center, and the suggestion was taken to the Art in Public Places
Committee but the members of the Committee did not view it as significant.
Mayor Levine stated that they would try to figure something out.
Handouts or Reference Materials:
1. List of Speakers
R10 - City Attorney Reports
R10A City Attorney’s Status Report.
(Office of the City Attorney)
ACTION: Report given.
Reports and Informational Items
1. Reports And Informational Items (see LTC 004-2016)
2. List of Projects Covered by the Cone of Silence Ordinance – LTC No. 003-2016.
(Procurement)
3. Report From Commission Committees Of Withdrawn Items Not Heard Within (6) Six Months From
Their Referral Date.
(Office of the City Clerk)
End of Regular Agenda
Meeting adjourned at 7:30 p.m.
F:\CLER\CITYCLER\AFTERACT\2016\01132016 CM\01132016 Final Reg.Docx Page 81