20120111AAAfteraction January 11, 2012 City of Miami Beach
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City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
January 11, 2012
Mayor Matti Herrera Bower
Vice-Mayor Deede Weithorn In at 11:01:09 am.
Commissioner Jorge R. Exposito Absent
Commissioner Michael Góngora
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
Commissioner Jonah Wolfson
City Manager Jorge M. Gonzalez
City Attorney Jose Smith
City Clerk Robert E. Parcher
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 City Clerk's o ffice.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
Special note: In order to ensure adequate public consideration, if necessary, the Mayor and City
Commission may move any agenda item to the alternate meeting date which will only be held if needed. In
addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without
reaching all agenda items.
PA1 Presentation By City’s Special Olympics Team Who Recently Participated In State Games.
PA2 Certificate Of Recognition/Café Avanti, Contribution To The City Of Miami Beach. (Góngora)
PA3 Proclamation/National Gay And Lesbian Task Force Of Miami, Fundraising. (Góngora)
PA4 D-Proclamation/Miami Beach Senior High School, Becoming An “A” School. (Wolfson/Bower)
PA5 Certificates Of Appreciation/Octavio Rodriguez And Maria Makueria, Walgreens Store. (Bower)
PA6 Proclamation/Elsie Howard, Many Years Of Service At The VCA. (Bower)
PA7 D-New Item: Proclamation/Detective Daniel Erben, Life Saving Actions On January 8, 2012.
PA8 New Item: Certificates Of Recognition/Esmeralda Caseres & Rainbow Childcare Center. (Wolfson)
C2A Issue RFQ, Citywide Surveying, Topographical, And Mapping Services.
C2B Issue RFQ, Citywide Geotechnical And Laboratory Testing Services.
C2C Issue RFP, Security Guard Services.
C2D Award Contract, Purchase And Delivery Of Stage Lighting For The Colony Theatre.
C4A Ref: NCAC - Placement Of A Barbara Capitman Memorial Bust In Lummus Park. (Bower)
C4B Ref: LUDC - Ordinance Proposed To Allow Alcohol In Nude Adult Establishments. (Bower)
C4C Ref: FCWP - Amend City’s Right To Audit Towing Permitees On Private Property. (Libbin)
C6A Report: Capital Improvement Projects Oversight Committee Mtg. On November 14, 2011.
C6B Report: Finance And Citywide Projects Committee Meeting On December 6, 2011.
C6C W-Report: Neighborhoods/Community Affairs Committee Meeting On December 8, 2011.
C7A Execute Agreement, Spay/Neuter Services For Stray, Homeless And Abandoned Cats.
C7B Execute Agreement, Home Visiting Services For The Parent-Child Home Program.
C7C Amend Resolution No. 2011-27713, Extend Due Diligence Period, As Defined Therein.
C7D Amend City’s Investment Policy, Add Israeli Bonds As Authorized Investments.
C7E Retroactively Approve Extension w/ Parkeon., Technical Support Services.
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C7F Issue PO, Maintenance/Repair Gated Revenue Control Equipment For Parking Garages/SM
C7G Approve/Appropriate Funding, Software Upgrades - Gated Revenue Control Equipment/SM
C7H Execute Amendment, Landscape Services In Various Areas And MB Soundscape.
C7I Approve Federal Equitable Sharing Agmt w/ U.S. Dept. Of Justice And Treasury.
C7J Authorize MBPD To Accept Donation Of T3 Motion Series ESV 3-Wheel Electric Vehicle.
C7K Set Public Hearing, Grant Revocable Permit To 1790 Alton Holdings LLC.
C7L Authorize Condominiumization Of City-Owned Property At 1661 Pennsylvania Avenue.
C7M Retroactively Approve Contributions In Support Of 2011-2012 New Year’s Celebration.
R2A Issue RFQ, Enhancement Of Miami Beach Convention Center Campus/District.
R5A 10:15 a.m. 2nd Rdg, Amend Fees, Charges, Rates And Billing Procedure.
R5B 10:20 a.m. 2nd Rdg, Amend Civil Emergencies - Regulation Of Firearms. (Libbin)
R5C 10:25 a.m. 2nd Rdg, Amend Animals Ordinance - Off-Leash Areas For Dogs.
R5D 10:35 a.m. 2nd Rdg, Open/Continued, Amend Recycling Ordinance. (Wolfson)
R5E 5:00 p.m. 2nd Rdg, Amend RPS-4 Heights 2011. (Wolfson) 5/7
R5F 5:05 p.m. 2nd Rdg, Open/Continued, Grant FPL An Electric Franchise. (City Commission)
R5G 1st Rdg, Amend Marine Structures, Facilities And Vehicles Ordinance. (Weithorn)
R5H 1st Rdg, Amend Administrative/Review Procedures - Hearings Notification. (Wolfson) 5/7/SM
R5I 1st Rdg, Amend Temporary Removal Of Parking Spaces./SM
R7A 10:30 a.m. Grant After-The-Fact Revocable Permit, ASR Berwick Family.
R7B Amendments To The FY 2010/11 And 2011/12 Budgets./SM
R7C Extend Mgmt Agmt On A Month-To-Month Basis, Flamingo Park Tennis Center Facility./SM
R9A Board And Committee Appointments.
R9A1 Board And Committee Appointments - City Commission Appointments.
R9B1 12:30 p.m. Dr. Stanley Sutnick Citizen’s Forum.
R9B2 5:30 p.m. Dr. Stanley Sutnick Citizen’s Forum.
R9C 1:00 p.m. Committee Of The Whole: Discuss The Audit Committee.
R9D 1:00 p.m. Committee Of The Whole: Discuss The Community Satisfaction Survey.
R9E Discuss: Tennis Management Contract RFP. (Tobin)
R9F Discuss: Creating A Tennis Committee. (Wolfson)
R9G Discuss: Ordinance Creating Tennis Advisory Committee. (Góngora)
R9H Discuss: Citywide Dunes Maintenance Plan. (Tobin)
R10A City Attorney’s Status Report.
R10B 1:00 p.m. Closed Attorney-Client Session: CMB Vs. Hargreaves Associates.
R10C 1:00 p.m. Closed Attorney-Client Sessions: 1100 West Properties, V. CMB & V. Them.
R10D 1:00 p.m. Attorney Client Session: Museum Walk Apartments V. CMB.
Reports and Informational Items (see LTC #004-2012)
1A Adopt/Appropriate 1st Amendment To Budget For City Center RDA And Anchor Shops.
Meeting called to order at 9:38:31 a.m.
Inspirational Message given by Father Juan Sosa from St. Joseph’s Catholic Church.
Pledge of Allegiance led by Tony Crapp, Sr.
SUPPLEMENTAL MATERIAL (1):
C7F - Resolution
C7G – Resolution
R5H - Ordinance
R5I - Ordinance
R7B (1) and (2) - Memorandum
R7C – Resolution
The City Commission will recess for lunch at approximately 1:00 p.m.
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Presentations and Awards
10:05:10 a.m.
PA1 Presentation Of A Plaque And T-Shirt To The Mayor, City Commission, City Manager And City
Attorney For Their Continued Support Of The City’s Special Olympics Team Who Recently
Represented The City And Participated In The State Games.
(Parks & Recreation Department)
ACTION: Plaques and T-shirts presented.
Kevin Smith, Parks and Recreation Director, introduced the item and presented the Special
Olympians who participated in this annual event: William Lockett, Bronze Medal in Bowling and
Gold Medal in Soccer, Jose Trevino, 4th Place in Bowling and Gold Medal in Soccer, Brian Crapp,
4th Place Bowling and Gold Medal in Soccer, and Clarice Geller, 4th Place in Bowling and Silver
Medal in Tennis. He recognized Julio Magrisso, Cindy Casanova and Jose Polo and introduced
Tony Crapp, Sr., parent’s representative.
Tony Crapp, Sr., spoke on behalf of parents. He thanked Jorge Gonzalez, City Manager and Kevin
Smith for their support, as well as staff at the Parks and Recreation Department.
Mark Thompson, Executive Director Miami-Dade County Special Olympics, recognized Miami
Beach for their support and volunteerism in the community.
9:51:58 a.m.
PA2 Certificate Of Recognition To Be Presented To Café Avanti For Their Long Standing Contribution
To The City Of Miami Beach.
(Requested by Michael Góngora)
ACTION: Certificate presented.
Commissioner Góngora introduced the item and recognized Luis Flores, Café Avanti owner, for
reaching 22 years of service to this community; Luis makes people feel right at home when
Miami Beach locals crave quality Italian food; in addition he hosts various community events. On
behalf of the Mayor and Commission, he was officially presented with a Certificate of
Recognition.
Luis Flores thanked his staff and his daughter who came onboard to help him this year.
Commissioner Libbin added that Café Avanti is opening for one day early in the morning
especially for Miami Beach Chapter Binai and he thanked him for his efforts.
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9:42:11 a.m.
PA3 Certificate Of Appreciation To Be Presented To The Gay And Lesbian Task Force Of Miami For
Their Outstanding Fundraising Efforts For 2011.
(Requested by Michael Góngora)
ACTION: Certificate presented.
Commissioner Góngora introduced the item. He introduced the National Gay and Lesbian
Taskforce members: Chad Richter, Michael Bath, Lisa Mercado, Dave Cook, Liebe Gadinsky
and David Price. This year he is truly proud of the organization because they surpassed the $1
million dollar mark of funds returned to the community. From the Miami Recognition Dinner 2010
and Winter Party Festival 2011 the Task Force donated $200,000 bringing the total amount
donated to local organizations close to $1.2 million. With proceeds from this past year's Miami
Recognition Dinner and Winter Party Festival donated by the Task Force, the Foundation was
able to award grants through its GLBT Community Projects Fund to organizations such as
Family Counseling Services of Greater Miami, Florida International University, Miami Bridge
Youth and Family Services, Miami Design Preservation League and many more. He proclaimed
today National Gay and Lesbian Task Force in the City of Miami Beach.
9:51:17 a.m.
PA4 Proclamation To Be Presented To Miami Beach Senior High School, Its Students, Parents,
Administration And PTSA Board For Becoming An “A” School For The First Time.
(Requested by Commissioner Jonah Wolfson)
ACTION: Deferred.
Mayor Bower congratulated Miami Beach Senior High publicly for becoming an “A” School.
9:47:28 a.m.
PA5 Certificates Of Appreciation To Be Presented To Octavio Rodriguez And Maria Makueria Of
Walgreens Store #3942, For Their Toy Collection Drive For The Miami Beach Fire Department
Toy Giveaway.
(Requested by Mayor Matti Herrera Bower)
ACTION: Certificates presented.
Mayor Bower introduced the item.
Michelle Viera, Miami Beach Fire Fighter, introduced the item and explained that over 500 toys
were donated by Walgreens last year and she recognized Maria Makueria and Octavio
Rodriguez for helping kids in schools and in the neighborhood.
Octavio Rodriguez, Walgreens Store Manager at 41st and Pinetree, stated that they are proud of
participating in the program and they hope for a better year next year.
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9:56:51 a.m.
PA6 Proclamation To Be Presented To Elsie Howard For Her Many Years Of Service At The Visitors
And Convention Authority.
(Requested by Mayor Matti Herrera Bower)
ACTION: Proclamation presented.
Mayor Bower introduced the item and explained that Elsie has been the VCA Chair for many
years and recognized her leadership on the board.
Commissioner Libbin congratulated Ms. Howard for her leadership and accomplishments.
Mayor Bower stated that the new “Oral History Project” is a welcomed addition that Elsie and the
VCA helped move forward; since the City is losing special people as well as their perspectives,
and this project helps create a recorded and detailed history of Miami Beach through personal
interviews.
Commissioner Tobin echoed his colleague’s comments and added that she is a Class Act.
Commissioner Góngora thanked her for her professionalism and contribution to the City.
Elsie Howard paid tribute to VCA’s extraordinary staff, Grisette Roque and Eileen De La Cuesta
as well as board members who shared the same vision and worked collaboratively,
cooperatively, with honor, and who have never been disrespectful of the public trust in any way;
they worked to be able to leave behind them a record of what they have done, of being
committed to the City to encourage and enhance tourism in Miami Beach. She added that it has
been a pleasure and an honor working with the City Commission and this community. She also
recognized members Jackie Hertz, Aaron Perry, Steve Adkins and all the members who are not
present today.
Handout or Reference Materials:
1. Letter from Elsie Sterling Howard, MBVCA Chair, to Jorge Gonzalez, City Manager, dated January
19, 2012 RE: VCA.
2. Miami Beach Visitor and Convention Authority Program of Work 2011.2012 booklet.
NEW ITEM:
PA7 Proclamation/Detective Daniel Erben, Life Saving Actions On January 8, 2012.
ACTION: Item deferred.
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10:14:50 a.m.
NEW ITEM:
PA8 Certificates of Recognition/Emerald Caseres & Rainbow Childcare Center.
(Requested by Commissioner Wolfson)
ACTION: Proclamation presented.
Commissioner Wolfson introduced the item and assisted in translating to Spanish.
Emerald Caseres spoke in Spanish. She thanked Mayor Bower and the City Commission for the
certificate; and explained that UNIDAD trained her and provided her with the skills she now has
which have given her more options and opportunities at her age. She recognized Adrian
Raymond and Mara Mignardi. She explained that from being a journalist in her youth, she is
now a tutor at Rainbow Childcare Center.
Discussion held.
Mara Mignardi, UNIDAD’s Senior Employment Program Job Development, spoke and introduced
Nancy Benedecti, Program Director at Rainbow Childcare.
Anni Benedecti, Program Director of Rainbow LHANC, spoke.
Mayor Bower stated that Rainbow is a wonderful program and suggested the need of teaching
English to the Spanish-speaking children in the early stages.
10:26:09 a.m.
2:04:27 p.m.
New Item:
County’s Proposed Plan For The Installation Of A Sewage Pipe Under Government Cut
(Emergency Item Added By Commissioner Tobin)
ACTION: Emergency item added. Motion made by Commissioner Tobin to add the County’s
proposed plan for the installation of a sewage pipe under Government Cut as an emergency item
to the Commission Agenda; seconded by Commissioner Wolfson; Voice vote: 5-0; Absent: Vice-
Mayor Weithorn and Commissioner Exposito.
Commissioner Tobin added that the Government Cut project was done very poorly and now the
County wants to use the same process on a new location in Miami Beach. He wants to bring this
to everyone’s attention, that the method being proposed is a bad method, and there are other
methods that are better and cheaper.
2:04:27 p.m.
Commissioner Tobin explained that the method the County proposed a couple of years ago to
replace the sewer pipe under Government Cut is a very complicated approach and it can
possibly blow up the whole sewage system and dump raw sewage all over. Two years ago the
County told him that the existing pipe was in good condition. The County recently did another
pipe check and confirmed that the current pipe is in bad condition. The other method the County
scrapped is directional drilling, by installing a new 36 inch pipe beginning at 5th Street and
connecting to Virginia Key, and redirecting the sewer into the new pipe, then remove and
replacing the existing pipe under Government Cut adding redundancy. The County scrapped the
directional drilling plan and wants to use the alternative plan and have the City Commission
agree to giving the County another piece of City property so they can continue with the much
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more complicated, dangerous, and expensive method of installing a new pipe under Government
Cut. The City should insist that the County use the directional drilling method. He added that he
does not want to allow Miami-Dade County to do the risky method and it should be done right
using the directional drilling method.
Jorge Gonzalez, City Manager, stated that the City has told the County that their current plan is
not acceptable.
Discussion held.
Jorge Gonzalez, City Manager, stated that he and Mayor Bower need to meet with Miami-Dade
County Mayor Carlos Gimenez to make sure he is aware of the current plans.
Commissioner Wolfson stated that he met with Mayor Gimenez and this topic was mentioned
and he believes Mayor Gimenez has new information about this project and that Mayor Gimenez
is diligently working on this issue.
Motion made by Commissioner Tobin that City property cannot be used for the current design for
the placement of a sewer pipe under Government Cut; seconded by Commissioner Libbin; Voice
vote: 5-0; Absent: Vice-Mayor Weithorn and Commissioner Exposito. Fred Beckmann to
handle.
Commissioner Tobin restated that the City needs to meet with Mayor Gimenez.
10:26:09 a.m.
1:59:29 p.m.
New Item:
Update Status Report on The Hiring of Police Chief
(Emergency Item Added by Commissioner Wolfson)
ACTION: Motion made by Commissioner Wolfson to add as an emergency item an update on
the status of hiring the police chief; seconded by Commissioner Tobin; Voice vote: 5-0; Absent:
Vice-Mayor Weithorn and Commissioner Exposito.
Jorge Gonzalez, City Manager, gave a verbal update on the process of the hiring of the Chief of
Police.
Commissioner Wolfson stated that he is willing to support voting for Assistant Chief of Police,
Ray Martinez, as Acting Chief, but in doing so, he would not vote for him for the Chief position
and that hiring should be done from outside. He added that he doesn’t like the fact that currently
there is no Chief of Police.
Commissioner Tobin explained that no one holds the title of Chief of Police, but that does not
preclude the City from signing documents, and Assistant Chief Martinez is the highest ranking
officer in charge.
CONSENT AGENDA
ACTION: Motion made by Commissioner Libbin to approve the Consent Agenda; seconded by
Commissioner Góngora; Voice-vote: 5-0; Absent: Vice-Mayor Weithorn and Commissioner
Exposito.
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C2 - Competitive Bid Reports
C2A Request For Approval To Issue A Request For Qualifications (RFQ) For Citywide Surveying,
Topographical, And Mapping Services On An As-Needed Basis.
(Capital Improvement Projects/Public Works/Procurement)
ACTION: Request authorized. Gus Lopez to issue the RFQ.
C2B Request For Approval To Issue A Request For Qualifications (RFQ) For Citywide Geotechnical
And Laboratory Testing Services On An As-Needed Basis.
(Capital Improvement Projects/Procurement)
ACTION: Request authorized. Gus Lopez to issue the RFQ.
C2C Request For Approval To Issue A Request For Proposals (RFP) For Security Guard Services.
(Procurement)
ACTION: Request authorized as amended. Gus Lopez to issue the RFP.
Amendment:
Add criteria to RFP: add “timely payment of wages & benefits” to the Evaluation Criteria entitled
“Financial Strength.”
End
C2D Request For Approval To Award A Contract To Miami Stagecraft, Inc., Pursuant To Invitation To
Bid (ITB) No. 12-11/12, For Purchase And Delivery Of Stage Lighting For The Colony Theatre, In
The Total Amount Of $41,323.25.
(Tourism & Cultural Development/Procurement)
ACTION: Request authorized. Max Sklar to handle.
Handout or Reference Materials:
1. Descriptive list with amounts of items and costs in Excel format.
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C4 - Commission Committee Assignments
C4A Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding The
Placement Of A Barbara Capitman Memorial Bust In Lummus Park.
(Requested by Mayor Matti Herrera Bower)
C4A Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding The
Miami Design Preservation League’s
(Requested by Mayor Matti Herrera Bower)
Placement Of A Barbara Capitman Memorial Bust In
Lummus Park.
ACTION: Referred. Randi MacBride to place on the committee agenda. Kevin Smith to
handle.
City Clerk’s note: Title amended via Corrections
Handout or Reference Materials:
1. Letter from Michael D. Kinerk, Chairman, MDPL Capitman Memorial Committee, dated April 11, 2011
to The Honorable Matti Herrera Bower, Mayor, the City of Miami Beach, RE: Barbara Baer Capitman
Memorial.
1:49:59 p.m.
C4B Referral To The Land Use And Development Committee - Discussion Regarding An Ordinance
Proposed By A Business Owner To Allow Alcohol Service In Nude Adult Establishments.
(Requested by Mayor Matti Herrera Bower)
ACTION: Item separated for discussion by Commissioner Wolfson. Item not referred.
Motion made by Commissioner Tobin not to support liquor in nude adult establishments;
seconded by Commissioner Wolfson; Voice vote: 3-2; Opposed: Commissioners Góngora and
Libbin; Absent: Vice-Mayor Weithorn and Commissioner Exposito.
Commissioner Wolfson stated that this is the Mayor’s referral of alcohol in nude establishments
and that the Commission has been over this several times.
Mayor Bower asked Commissioner Wolfson to make a motion.
Commissioner Wolfson stated that all he wants to know is there are changes or is there anything
new.
Discussion held.
Motion made by Commissioner Tobin not to support liquor service in nude adult establishments;
seconded by Commissioner Wolfson.
Discussion continued.
Commissioner Libbin stated that he knows, and others know, that not all organizations in town
are being treated equally. He added that he believes everyone should be treated equally under
the law and today he doesn’t believe everyone is being treated equally under the law.
Commissioner Tobin disagrees with Commissioner Libbin, and added that he doesn’t know of
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any other full nudity businesses running in the City that sell liquor.
Commissioner Wolfson stated that he agrees with Commission Tobin. He has heard the
allegations that there is nudity and liquor happening in other facilities but doesn’t know this to be
true.
Discussion continued.
Michael Larkin, Esq., representing Club Madonna, stated that all he is requesting is an open and
honest discussion at the Land Use and Development Committee. He added that he has a
revised ordinance that will be distributed very soon. In addition, he stated that Mr. Griffith has
committed to cleaning up the marquee by taking down the dancing girls and replacing with a
white background with black letters along with doing other things to clean up the façade of the
establishment.
Mayor Bower explained the reasons she placed the item on the agenda.
1:58:48 p.m.
New Item
Commissioner Libbin mentioned that the dog parade takes place this Saturday morning at 10:30 a.m. at
the Park Central Hotel.
1:41:29 p.m.
C4C Referral To The Finance And Citywide Projects Committee - Proposed Amendment To Chapter
106, Article VI (Towing And Immobilization Of Vehicles) Providing For The City’s Right To Audit
Towing Permitees Engaged In Towing Vehicles On Private Property.
(Requested by Commissioner Jerry Libbin)
ACTION: Item separated for discussion by Commissioner Libbin and referred. Motion
made by Commissioner Libbin; seconded by Commissioner Tobin; Voice vote: 5-0, Absent: Vice-
Mayor Weithorn and Commissioner Exposito. Patricia Walker to place on the committee
agenda. Saul Frances to handle.
Commissioner Libbin stated that there is a special meeting coming up dealing with towing. He
explained that he separated this item because he wants to include in the conversation the issue
of auditing of public tows, which the City can already do, and require audit on private tows.
Another situation that has come to their attention is the private parking lots and garages that
have pay meters, that look like City parking lots; and thinking this is a City lot, people use their
IPark machine. Ultimately they get towed because these lots have spotters. In the meter in the
lot at 17th Street and Alton Road, the minimum amount of money accepted into the machine is
$5.00. He wants this to be a part of the discussion when it goes to committee.
Mayor Bower stated that there needs to be signage right away. Saul Frances to handle.
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C6 - Commission Committee Reports
C6A Report Of The Capital Improvement Projects Oversight Committee Meeting On November 14,
2011: 1) Attendance. 2) Review And Acceptance Of Minutes. 3) Public Comments. 4) Old
Business/Requested Reports: 4A) Status Of Water Reclamation Project In Golf Courses; 4B)
Status Report: Sunset Island I & II; 4C) Status Report: Sunset Island III & IV; 4D) Status Report:
Lower North Bay Road; 4E) Status Report: Venetian Islands; 4F) Status Report: Palm & Hibiscus
Islands; 4G) Status Report: Flamingo Park; 4H) Status Report: Stormwater Master Plan.
ACTION:
Item No. 1: Attendance.
See attendance sheet copy attached.
Item No. 2: Review and Acceptance Of Minutes
Report of the Capital Improvement Oversight Committee Meeting of October 17, 2011
MOTION: Acceptance of Minutes of the September 12, 2011 CIPOC Meeting.
MOVED: T. Trujillo 2nd: E. Carney
PASSED: Unanimous - WITH REVISIONS as per D. Kraai
Item No. 3: Public Comments
Greg Carney, President of the Venetian Islands Homeowner Association, requested an update
on the rebidding for a contractor for the Venetian Islands project.
Aaron Sinnes, Senior Capital Projects Coordinator, presented the status of the project. The
Commission rejected all the bids that had been submitted through the ITB process. They did not
recommend a timeline on when the project should go into construction.
CIP staff met with the Engineer of Record (EOR – Schwebke Shiskin) and electrical engineers.
Savings have been identified for the electrical components, through this value engineering
process and staff plans to follow an aggressive timeline with the intention of awarding this project
to a contractor as early as February, followed by possible commencement of construction in
March or April. The first step is to amend the consultant’s contract. Because the changes fall
under $25,000, there is no need to go back to Commission for these changes. The goal through
the value-engineering process here is to seek alternatives that result in cost savings, not
redesign of the project. Savings have already been identified in the concrete encasement and
wiring of the lighting, as well as some other areas.
The contract provides a range of up to 15% for the consultant to come in with an opinion of cost.
Saul Gross felt that this was too liberal and asked that staff look into this tolerance level for future
contracts.
STAFF ACTION: Look at the tolerance range provided for in the standard contract form for
consultants to provide opinions of estimate of costs. Compare with State guidelines and other
guidelines.
Eleanor Carney clarified that Schwebke Shiskin was not contracted to do the electrical estimate.
Hillers Electric is the consultant who did the electrical. Probable cost estimate was not included
in the scope of work for Schwebke Shiskin. The cost estimate came from Hillers, hired under the
contract of the last EOR.
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STAFF ACTION: Bring standard contract and the contract for consultant with information about
the probable cost estimate to CIPOC for review.
County work on Causeway – Greg Carney contacted Roberto Rodriguez just prior to the CIPOC
meeting, with concerns about safety practices in the County project. Sidewalks on the north side
of the causeway are presently unfinished, posing a safety hazard for walkers and bikers. Mr.
Carney had contacted the County project manager several weeks before, and was told that there
were conflicts with utilities which delayed the completion of the sidewalks. Mr. Carney requested
that some temporary fill material be placed in the holes until the sidewalks could be completed,
but was unsuccessful in getting his request filled. He asked the City to intervene. According to
staff at the meeting, the County was going to fill the holes with crushed rock that day.
Item No. 4(A): Status Of Water Reclamation Project In Golf Courses
Kevin Smith, Parks and Recreation Department Director, was prepared to present. Saul Gross
said that the request was actually made about the AMERESCO project, which he confused with
the lake reclamation project.
Mr. Smith did not give the presentation. Instead, ACM Duncan Ballantyne gave an update on the
AMERESCO project. He said that the most recent document analysis was provided to Mr. Kraai.
The administration has evaluated the material presented by AMERESCO and determined that
there is no cost benefit to the project. There would be what was determined an excessive period
of time before realizing a cost benefit.
Mr. Smith took the opportunity to invite the Committee members to the re-opening of the new
playground at South Pointe Park.
Item No. 4(B): Status Report: Sunset Island I & II
Maria Hernandez, Senior Capital Project Coordinator, stated that some issues are being worked
out with the contractor. A Community Pre-construction meeting is planned to take place
Wednesday, November 16 and the first round of encroachment notices are planned to go out the
same day.
Staff reviewed the schedule submitted by the contractor and that has been the source of issues
between the City and DMSI. DMSI had submitted a new schedule just before the CIPOC
meeting, but staff had not yet had a chance to review this newest schedule. Issuance of the
second Notice to Proceed (NTP2) is contingent on acceptance of the schedule. The other item
that needed some resolution is the schedule of values.
The first NTP was issued in late August. Some instances in other projects that this contractor is
in involved in appear to have affected the contractor’s performance in Sunset Islands. The
contractor promised certain items, such as concurrent crews, during the Technical Review Panel
(TRP), and now not providing that in the schedule. Some line items on the schedule of values
have also changed in quantity since the TRP. This results in significant reduction in the cost of
the project. The contractor has invoked the 20% rule and has resubmitted a price that the City is
not willing to accept. Specifically, this has had an impact to cost in the area of water meter
relocations.
William Goldsmith, 1820 West 25th Street, member of the Sunset Island Homeowners
Association, gave his opinion on the situation. He first asked if the new schedule that was
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submitted responded sufficiently to the requests made by the City on November 14 (in a letter
that is included in the Nov. 14 CIPOC agenda packet).
Fernando Vazquez stated that the contractor had just submitted the requested schedule before
the meeting, but staff had not yet had a chance to review it and that staff and the contractor also
needed to iron out the water meter pricing in the schedule of values.
Maria Hernandez handed Mr. Goldsmith a copy of the material that she had just received from
DMSI, Inc.
Mr. Goldsmith further pointed out his concerns with the construction schedule and the schedule
of values. He made the point, when Mr. Gross said that he had confidence in the work that Albert
Dominguez (Principal with DMSI) had done for the City before, that DMSI is not the same
company as Ric-Man International; and that DMSI had not done a lot of work with the City since
incorporating. Mr. Gross responded that the principals, superintendent and other key DMSI
personnel were the main people involved in City projects when they were with Ric-Man
International.
At the TRP, Mr. Goldsmith confirmed with Albert Dominguez that the number of meters listed on
the contract (200) was an over-estimate and requested a pro-rata reduction in the cost that
would reflect this and was told that, yes DMSI would do that. The last schedule of values
submitted by DMSI showed an increase in the cost of the meters. Also at the TRP, the panel
asked if the contractor will provide a construction trailer and, if not, a $25,000 credit (He did not
finish his statement, but was insinuating that the contractor reneged on this item. Mr. Gross
asked if the items mentioned at the TRP were included in the contract, offering direction to the
City that material representations made at the TRP should be passed on to the Legal
Department for inclusion in contracts. Maria Hernandez stated that she tried to do just that,
particularly because the material promise of parallel crews on site would ensure that the project
stuck to a ten-month schedule, as represented at the TRP. Recently, a contractor on another
project under Ms. Hernandez’s direction, failed to provide concurrent crews as promised and it
affected the schedule adversely. She was unable to pursue action against this contractor
because that item was not included in the contract. Now, DMSI on this schedule has to stick to a
new schedule of 12 months. Correspondence pertaining to the schedule is included in the
agenda packet. The final schedule, once agreed upon, will be certified.
Albert Dominguez, DMSI, said that the company presented many different ideas at the TRP.
Some ideas included different type of pipe, and installation at shallower depths, for example. Mr.
Dominguez stated that some parts of their proposal were rejected. He claimed that some of their
proposals actually reflect value-engineering towards getting better value in the project.
Saul Gross asked why the City rejected the idea of installing the pipe above the muck line.
Fernando Vazquez responded that the proposal was to install the pipe under the valley gutter,
which posed a problem for the Public Works Department and they rejected that proposal. Mr.
Dominguez said that item impacted other portions of the proposed schedule. If the City rejects
certain proposed means and methods, DMSI cannot guarantee the shorter schedule.
Mr. Dominguez said that some issues that are currently affecting DMSI crews at the Biscayne
Point project are now delaying the use of parallel crews for the Sunset Islands project. DMSI had
planned to roll some crews from Biscayne Point to Sunsets I & II, but now the work seems to be
delayed by almost 8 months.
Mr. Vazquez said that the City is working very hard to try and resolve the issue with the EOR on
Biscayne Point so that the schedule can be accommodated and approved for Sunset Islands.
Staff is confident that the issues will be ironed out before the next CIPOC meeting and then be
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brought to Commission in December.
More deliberations continued. The conclusion of the discussion was that staff was working on
reaching a meeting of the minds among all parties, and if the City and the contractor cannot
come to an agreement, that staff proceed accordingly.
Item No. 4(C): Status Report: Sunset Island III & IV
Mattie Reyes, Senior Capital Project Coordinator said that the RFQ was advertised for a design
criteria professional and four companies responded. A selection committee was scheduled for
November 29.
Item No. 4(D): Status Report: Lower North Bay Road
Maria Hernandez told the Committee that a 2nd Notice to Proceed will be issued the second
week in December. Encroachment surveys are being conducted and encroachment letters will
go out soon. Construction will begin by the end of the year (the contractor will take some time off
for the holidays). The EOR and the City are still reviewing the change order that was submitted,
but that will not delay the start of construction. The change order reflects $250,000 in the overall
$5 million contract.
Saul Gross asked about water meter relocations and the process for those homeowners who
want to install a second meter. Residents who are interested in purchasing a second meter are
encouraged to call the Public Works Department to make arrangements for the meter. PWD will
coordinate with CIP for the properties that fall within a project.
Ms. Hernandez indicated that interested residents can call CIP and staff would
coordinate/facilitate the process, but the best course of action is to contact Public Works
Engineering directly at 305-673-7080 to request an additional meter. Once all the permitting is in
place and fees are collected, the CIP contractor would receive the work order from Public Works.
STAFF ACTION: Bring information about the process for obtaining sub-meters and irrigation
meters during a CIP ROW project to the next meeting. Clarify whether the process is slightly
streamlined when it takes place in conjunction with a CIP ROW project.
Item No. 4(E): Status Report: Venetian Islands
*See above – topic was covered during Public Comments at 5:56.
Eleanor Carney had an additional question about the status of the encroachment notices for the
Venetian Islands. At the last meeting, CIPOC requested a schedule of notices to be provided.
This was not reflected on the staff action items. Robert Rodriguez responded that the surveys
are currently being done to determine encroachments at this stage. Ms. Carney expressed her
opinion that residents “are being held hostage” in the meantime. But there is a process and
typically, the encroachment notices do not go out until NTP 1 is issued after a contractor has
been hired, since coordination for removal involves the contractor. (There are other projects
where construction is imminent and encroachment notices are being sent out for those, since
they now take priority status). Stacy Kilroy stated that encroachments are such a bone of
contention for residents that sending notification as early as possible would give them time to
deal with relocation of the encroachments should they choose that. Fernando Vazquez stated
that staff could go outside of regular procedure and send notices before a contractor is hired, but
CIP staff will first concentrate on those neighborhoods that are closer to construction. NTP for
Venetian Islands is expected in March or April. Ms. Carney reiterated that she wants notices sent
out as early as possible.
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STAFF ACTION: Bring an outline of encroachment process to CIPOC that outlines the general
guidelines and timelines for encroachment removal.
Item No. 4(F): Status Report: Palm & Hibiscus Islands
Senior Capital Project Coordinator Grace Escalante told the Committee that the drawings and
binding estimate from FPL for undergrounding of utilities were received on October 27. The City
submitted the drawings to Atlantic Broadband and AT&T as well as a JOC contractor. At the time
of the CIPOC meeting, a meeting was planned for the following Thursday to coordinate all the
estimates for the work from all parties involved. Staff submitted the drawings to the Public Works
Department on November 3 for their review. Another meeting was scheduled with the top ranked
Design Criteria Professional (DCP). Since the proposal for the DCP have remained high, it is
likely that the second ranked firm will be recommended for negotiation, and the City may
terminate negotiations with the first-ranked firm. As soon as the City gets the total cost estimates
for the project, they will submit this to the County, and then the County will pursue a bond issue
and draft the inter-local agreement. The County promised that this would take four weeks. Once
the attorneys review the inter-local agreement, the package will be taken to City Commission for
approval.
Item No. 4(G): Status Report: Flamingo Park
Ms. Escalante stated that Pirtle Construction submitted an executed contract for pre-construction
services for the Tennis Center. The project is on schedule. An award, if we remain on schedule,
will be issued in February. The City has 100% permitted drawings for the Tennis Center. Once
Pirtle conducts a constructability review, and makes any necessary changes, they will submit a
guaranteed maximum price to go to Commission. If approved in February, construction can
begin in March of 2012 and is expected last one year.
Item No, 4(H): Status Report: Stormwater Master Plan
Rick Saltrick stated that the City is working with FDOT to finalize the connection with the Alton
Road project. He is confident in the progress. Saul Gross asked if the Sunset Harbor pump
station was tied in with the Flamingo stormwater project. Mr. Saltrick responded that the
consulting firm of APCTE recommended replacements with larger pumps rather than the original
plan to retro-fit the pump station. Once the DERM and DEP permits are acquired, the project can
start with a JOC contractor. Eleanor Carney clarified that the replacements are a better solution
than adding an additional station. Mr. Saltrick confirmed this. Mr. Gross asked if the engineers
who designed the currently inadequate stations are culpable for negligence or something similar.
The City has not pursued any action against the engineers.
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C6B Report Of The Finance And Citywide Projects Committee Meeting On December 6, 2011: 1)
Discussion Of A Proposed Modification Of The Promissory Note Dated February 5, 2007,
Between MBCDC: Meridian Place, LLC, A Florida Limited Liability Corporation, To The Miami
Beach Redevelopment Agency; And To Discuss A Subordination Of The City’s Mortgages In
Favor Of A Mortgage Made By A Commercial Lending Institution. 2) Discussion Concerning City
Fees And Charges For Gay Pride 2012. 3) Discussion And Review Of City's Investment Policy.
4) Discussion Regarding The Public Beachfront Concessions Agreement. 5) Request For
Approval To Issue A Request For Proposals (RFP) For Security Guard Services. 6) Discussion
Pertaining To The Issuance Of A Request For Proposals (RFP) For Auditing Services For The
City’s (CAFR), (OMB A-133 Single Audit), The Miami Beach Redevelopment Agency’s Basic
Financial Statements (RDA), (PSF), (VCA) Financial Statements, The Miami Beach Convention
Center, As Managed By Global Spectrum, Financial Statements, The Children’s Trust Program,
The Building Better Communities Bonds Program, And The Safe Neighborhood Parks And Bond
Program (SNP). 7) Discussion Of Right-Of-Way Recycling Program. 8) Discussion On FPL
Franchise Payments To The City Of Miami Beach. 9) Discussion On Outsourcing Of Lincoln
Road Mall Maintenance Services.
ACTION:
Item No. 1: Discussion of a proposed modification of the Promissory Note dated February
5, 2007, between MBCDC: Meridian Place, LLC, A Florida Limited Liability Corporation, to
the Miami Beach Redevelopment Agency; and to discuss a subordination of the City’s
Mortgages in favor of a mortgage made by a commercial lending institution
The Committee asked that the item be brought to the full Commission without a
recommendation.
City Clerk’s note: Anna Parekh to handle.
Item No. 2: Discussion concerning city fees and charges for gay pride 2012
Item Deferred
Item No. 3: Discussion and review of City's investment policy
The Committee recommended that the item be brought to the full Commission with the
recommended changes.
City Clerk’s note: See Agenda item C7D
Item No. 4: Discussion regarding the public beachfront concessions agreement
The Committee recommended bringing the item to the full Commission with the language of the
old agreement regarding the renewal provision, including benchmarks to be developed by Staff
for the consideration of the Commission, and requested that two options be presented regarding
the increase to the minimum guarantee: the greater of the Consumer Price Index (CPI) or three
percent (3%); or the lesser of CPI or three percent (3%).
City Clerk’s note: See December 14, 2011, Agenda Item R7E
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Item No. 5: Request for approval to issue a request for proposals (RFP) for security guard
services.
The Committee recommended:
• the criterion for Financial Strength be made a minimum requirement;
• the criterion for character, integrity, judgment and reputation be removed;
• five (5) points from the removed criterion be added to experience and qualifications of the
Contractor;
• five (5) points be added to experience and qualifications of the Management Team;
• that Staff determine the location and types of enforcement assistance for the trial basis
City Clerk’s note: See Agenda item C2C.
Item No. 6: Discussion pertaining to the issuance of a request for proposals (RFP) for
auditing services for the City’s (CAFR), (OMB A-133 Single Audit), The Miami Beach
Redevelopment Agency’s basic financial statements (RDA), (PSF), (VCA) financial
statements, the Miami Beach Convention Center, as managed by Global Spectrum,
financial statements, The Children’s Trust Program, The Building Better Communities
Bonds Program, and The Safe Neighborhood Parks and Bond Program (SNP)
Item Deferred
Item No. 7: Discussion of Right-Of-Way Recycling Program
The Committee recommended that a pilot program proposal be brought to the January Finance
& Citywide Projects Committee Meeting.
City Clerk’s note: Fred Beckmann to handle.
Item No. 8: Discussion on FPL Franchise Payments to the City Of Miami Beach
None Required
City Clerk’s note: See Agenda item R5F
Item No. 9: Discussion on outsourcing of Lincoln Road Mall
The Committee asked that a detailed analysis about the positions that would be eliminated by
the outsourcing of Lincoln Road Mall maintenance services be completed before the item is
brought to the full Commission and that staff reply to the public records request by CWA.
City Clerk’s note: Fred Beckmann to handle
Additional Item (not on agenda): Discussion regarding towing permits
The Committee directed Staff to meet with the towing companies before the December 14,
2011 Commission Meeting to work on the unresolved issues and bring their
recommendations or policy questions to the Commission meeting.
City Clerk’s note: See action at the December 14, 2011 Commission Meeting, Item R7B
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C6C Report Of The Neighborhoods/Community Affairs Committee Meeting On December 8, 2011: 1)
Discussion Of Potential Policies For The Nomination/Number Of Memorials Or Commemorative
Plaques. 2) Follow-Up Discussion And Request For Direction Concerning The Continuation Or
Termination Of The Dog Off-Leash Pilot Program Approved By The City Commission In South
Pointe Park. 3) Discussion Regarding Neighborhood Park/Street-Ends Bus Bench Issue. 4)
Discussion On The Viability Of Storing City Directed Towed Vehicles On Terminal Island. 5)
Discussion Regarding An Ordinance Which Prohibits Docking On City Owned Property,
Specifically Seawalls. 6) Discussion To Consider Leaving The Altos Del Mar Location As
Passive Greenspace. 7) Discussion Regarding A Proposal For A Donation Of Art Pieces To Be
Displayed On Lincoln Road. 8) Discussion Regarding The Ongoing Store Front Damages And
Graffiti Issues On Washington Avenue.
ACTION: Item withdrawn.
Handout or Reference Materials:
1. Email from Tim Rose to Mayor and City Commissioners dated January 10, 2012 RE: PHS Islands –
Terminal Island Towing Facility
C7 - Resolutions
C7A A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Agreement
Between The City Of Miami Beach, Florida, And The Cat Network, Inc., To Provide Low-Cost
Spay/Neuter Services For Stray, Homeless And Abandoned Cats; In The Estimated Amount Of
$80,000 Over Two Years, Funded By The Petsmart Charities® Grant To The City Of Miami
Beach; Said Agreement Approval Is Subject To The Successful Execution Of The Grant
Agreement With Petsmart Charities®.
(City Manager’s Office)
ACTION: Resolution No. 2012-27813 adopted. Hilda Fernandez to handle.
City Clerk’s note: The resolution in the Agenda, page 103, is the wrong resolution.
C7B A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Agreement
Between The City Of Miami Beach, Florida And Barry University To Be The Provider Of Home
Visiting Services For The Parent-Child Home Program, In Accordance To The Children’s Trust
Contract #1128-1090, In An Estimated Amount Of $73,326.00.
(Community Services)
ACTION: Resolution No. 2012-27814 adopted. Maria Ruiz to handle.
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1:44:44 p.m.
C7C A Resolution Amending Resolution No. 2011-27713, Which Approved And Authorized The
Mayor And City Clerk To Execute: 1) Amendment No. 1 To The Purchase And Sale Agreement,
Dated July 14, 2010, Between The City Of Miami Beach And The Housing Authority Of The City
Of Miami Beach (HACMB), For The Purchase Of A Perpetual Easement Over The Property
Located At 1231-1251 17th Street, Miami Beach, Florida, For The Purpose Of Constructing A
Bridge Connecting West Avenue And Dade Boulevard; Said Amendment To Extend The
“Inspection Period”, As Defined Therein; And 2) Amendment No. 1 To The Accompanying
Development Agreement Between The City And HACMB, Having A Commencement Date Of
September 15, 2010; Said Amendment To Extend The “Due Diligence Period”, As Defined
Therein; Said Amendment To Resolution No. 2011-27713 To Reference The Actual Dates Of
The Extensions To The Inspection And Due Diligence Periods, As Granted By The HACMB, To
May 11, 2012.
(Economic Development)
ACTION: Item separated for discussion by Commissioner Libbin. Resolution No. 2012-
27815 adopted as amended. Motion made by Commissioner Góngora; seconded by
Commissioner Wolfson; Voice vote; 4-1; Opposed: Commissioner Libbin; Absent: Vice-Mayor
and Commissioner Exposito. Kevin Crowder to handle.
Amendments:
1) 19th Whereas: change May 1, 2011 to May 1, 2012
2) Now, Therefore, clause: change the May 11, 2012 to May 1, 2012
End
Commissioner Libbin stated that he separated this item because on page 111 of the report, the
last sentence on the page states “….the second public meeting, which was Alternative
Workshop, took place in December.” In the past he has voted against this project and had asked
the Administration for a report on what happened at the December meeting. He received the
report this morning and provided his findings. He is concerned about the lack of resident
participation from Sunset Harbour and West Avenue. He is okay with the project if the residents
who will be impacted are in favor. He would like more information and input from the impacted
residents before the City spends $6 million on this project. Fred Beckmann to handle.
C7D A Resolution Amending The City’s Investment Policy And Procedures, As Adopted By
Resolution No. 95-21726 And Amended By Resolutions No. 97-22315 And No. 2007-26602 By
Adding Israeli Bonds As Authorized Investments, Adding Maximum Percentage Per Issuer And
Replacing The Investment Committee With The Investment Advisor.
(Finance Department)
ACTION: Resolution No. 2012-27816 adopted. Patricia Walker to handle.
C7E A Resolution Retroactively Approving A Month To Month Extension To The Services Framework
Agreement Between The City And Parkeon Inc. For Technical Support Services, Parkfolio And
Online Credit Card Processing, Maintenance, And Extended Hardware Warranty; Said Extension
Commencing On December 24, 2011 And Expiring No Later Than June 30, 2013.
(Parking Department)
ACTION: Resolution No. 2012-27817 adopted. Saul Frances to handle.
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SUPPLEMENTAL MATERIAL (1): Resolution
C7F A Resolution Authorizing The Administration To Issue Purchase Orders In The Amount Of
$225,000 For The Maintenance And Repair Of The Gated Revenue Control Equipment For The
City’s Parking Garages From The Sole Source Provider, Consolidated Parking Equipment.
(Parking Department)
ACTION: Resolution No. 2012-27818 adopted. Saul Frances to handle.
Handout or Reference Materials:
1. Email from Saul Frances to Dolores Mejia, Patricia W alker, Robert Parcher, Anna Parekh, Max Sklar,
Gus Lopez, Kevin Smith and Hilda Fernandez, dated January 10, 2012 RE: Briefing notes-
Weithorn.
SUPPLEMENTAL MATERIAL (1): Resolution
C7G A Resolution Approving And Appropriating Funding For The Sole Source Purchase Of Software
Upgrades To The Gated Revenue Control Equipment From Consolidated Parking Equipment For
The City’s Parking Garages, In An Amount Not To Exceed $30,250.
(Parking Department)
ACTION: Resolution No. 2012-27819 adopted. Patricia Walker to appropriate the funds. Saul
Frances to handle.
C7H A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No.
1, In A Negotiated Not-To-Exceed Amount Of $164,102.94, To An Existing Agreement Between
The City Of Miami Beach And Valleycrest Landscape Development, Dated October 13, 2010,
For Landscape Maintenance Services On The Boardwalk, Beachwalk, Street Ends, And Spoil
Areas Citywide, Said Amendment For The Inclusion Of The Miami Beach Soundscape.
(Parks & Recreation)
ACTION: Resolution No. 2012-27820 adopted. Kevin Smith to handle.
C7I A Resolution Approving A Federal Equitable Sharing Agreement With The United States
Department Of Justice And The United States Department Of The Treasury, And Authorizing
The Mayor And The City Clerk To Execute The Agreement.
(Police Department)
ACTION: Resolution No. 2012-27821 adopted. Michael Gruen to handle.
C7J A Resolution Authorizing The City Of Miami Beach, On Behalf Of The Miami Beach Police
Department, To Accept A Donation Of A T3 Motion Series ESV Three Wheel Electric Vehicle,
With An Approximate Value Of $9,000.00, From Mr. Adam Rose, Which Will Be Utilized For
Specialized Patrol Along Walkways, Beachwalks And Mall Areas.
(Police Department)
ACTION: Resolution No. 2012-27822 adopted. Michael Gruen to handle.
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C7K A Resolution Setting A Public Hearing For The February 8, 2012 City Commission Meeting, To
Consider Granting A Revocable Permit To 1790 Alton Holdings LLC, As Owner Of The Property
Located At 1790 Alton Road, To Allow A Concrete “Eyebrow” To Extend Into The Public Right-
Of- Way On 18th Street And The Service Road Adjacent To Alton Road (And A Minimum Of 14
Feet Above The Sidewalk).
(Public Works)
ACTION: Resolution No. 2012-27823 adopted. R. Parcher to notice. Lilia Cardillo to place on
the February 8, 2012 Commission Agenda. Fred Beckmann to handle.
C7L A Resolution Authorizing The Administration And City Attorney’s Office To Proceed With, And
Take Any And All Required Actions Relative To The Condominiumization Of The City-Owned
Property Located At 1661 Pennsylvania Avenue, Miami Beach, Florida.
(Real Estate, Housing & Community Development)
ACTION: Resolution No. 2012-27824 adopted. Anna Parekh and City Attorney’s Office to
handle.
C7M A Resolution Retroactively Approving And Authorizing The Appropriation Of A Contribution From
The Ocean Drive Association And Orange Bowl Committee Of $60,000 In Support Of The 2011-
2012 New Year’s Celebration.
(Tourism & Cultural Development)
ACTION: Resolution No. 2012-27825 adopted. Patricia Walker to appropriate the funds. Max
Sklar to handle.
End of Consent Agenda
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REGULAR AGENDA
R2 - Competitive Bid Reports
1:02:43p.m.
R2A Request For Approval To Issue A Request For Qualifications (RFQ) From Qualified Developers
For A Public-Private Mixed-Use Development In Miami Beach For The Enhancement Of The
Miami Beach Convention Center Campus/District, Including The Expansion Of The Miami Beach
Convention Center And Development Of A Convention Center Hotel.
(City Manager’s Office)
ACTION: Request authorized. Motion made by Commissioner Góngora; seconded by Vice-
Mayor Weithorn; Voice vote: 6-0; Absent: Commissioners Exposito. Gus Lopez to issue the
RFQ. Max Sklar to handle.
Jorge Gonzalez, City Manager, introduced the item,
Discussion held.
Commissioner Tobin stated that there was an article in the Wall Street Journal about how
convention centers were becoming obsolete and he was wondering if there is something else
that can be done? He asked that the RFQ be widely distributed including REIT investors and
worldwide developers.
Jorge Gonzalez, City Manager, stated that this will be a two-step process. This RFQ process is
very non-burdensome and asks questions like who are you, what are your financial capabilities,
are you interested in doing this project and who will be on your team. The second step is more
burdensome.
Commissioner Libbin stated that based on the discussion at the dais, he wanted to reiterate that
the Convention Center is the City’s number one priority, and it is the City’s economic generator
for the entire region. His understanding is that the City is looking for possibilities for the six (6)
million square feet of developable FAR in and around the Convention Center, to help bring in
additional business and revenue that could help pay for the improvements needed in the
Convention Center. He requested a breakeven analysis for the number of hotel rooms and
explained that one concern is how does the City makes sure that the RFQ reaches as many
people as possible. He made reference to a list provided to him that includes Bidnet, Bidsync,
Daily Business Review, SAG and Miami Beach website. Max Sklar to doing the breakeven
analysis.
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R5 - Ordinances
11:01:22 a.m.
R5A An Ordinance Amending Chapter 110 Of The City Code, Entitled “Utilities,” By Amending Article
IV, Entitled “Fees, Charges, Rates And Billing Procedure,” By Amending Division 3, Entitled
“Billing Procedure,” By Amending Section 110-191, Entitled “Payment Of Bills,” By Amending
110-191(B) By Changing The Penalty For Late Utility Bills From Ten Percent Of The Current Bill
To 0.833% Per Month Of The Late Outstanding Balance; Providing For Repealer, Severability,
Codification And Effective Date. 10:15 a.m. Second Reading Public Hearing
(Requested by Commissioner Jonah Wolfson)
(Legislative Tracking: Finance Department)
(First Reading on December 14, 2011)
ACTION: Public Hearing opened and continued to March 21, 2012 at 10:15 a.m. Item
referred to the Finance and Citywide Projects Committee. Motion made by Commissioner
Libbin; seconded by Vice-Mayor Weithorn; Voice vote: 6-0; Absent: Commissioner Exposito.
Patricia Walker to place on the committee agenda and to handle. Lilia Cardillo to place on the
City Commission Agenda.
Jorge Gonzalez, City Manager, introduced the item.
Motion made by Commissioner Libbin to open and continued and refer back to the Finance and
Citywide Projects Committee. He wants to make sure that they are not inadvertently
incentivizing people not to pay by getting a cheap loan at less than 1% a month. He added that
he asked staff for a list of the number of utility bills that were late three or more times last year
and would like to review before approving. Patricia Walker to handle.
Commissioner Wolfson stated that this all started because of a complaint he received about the
15-day window to pay the water bill; people are getting charged 10% penalty for a one-day late
in payment. He explained that the number of days has been adjusted to 21-days and now are
working on the percentage. He spoke about the City Manager pulling his and his aide’s personal
water bill.
Commissioner Libbin spoke about transparency and stated that the sponsor of this ordinance
and his aide both had issues with their water bill.
Discussion held.
Vice-Mayor Weithorn seconded the motion for the referral and added that the reason for sending
this back to committee is because it was never the intention of the City to be a bank and a low
interest rate bank. This ordinance in its current form does not represent the wishes of the
Finance and Citywide Projects Committee.
Handouts and Reference Materials:
1. Ad in The Miami Herald – Ad # 686
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R5B An Ordinance Amending Chapter 26 Of The Miami Beach City Code Entitled “Civil
Emergencies,” By Amending Article II, Entitled “State Of Emergency,” By Repealing Section 26-
32, Entitled “Automatic Emergency Measures” Due To The Preemption Of The Entire Field Of
Regulation Of Firearms To The State Of Florida; By Amending Chapter 70, Entitled
“Miscellaneous Offenses,” By Amending Article I, Entitled “In General,” By Repealing Section 70-
2, Entitled “Weapons; Discharging,” Due To The Preemption Of The Entire Field Of Regulation
Of Firearms To The State Of Florida; By Amending Chapter 106 Of The Miami Beach City Code,
Entitled “Traffic And Vehicles,” By Amending Article III, Entitled “Parades,” By Amending Division
2, Entitled “Permit,” By Amending Section 106-375(A)(1) To Repeal Language Regarding The
Regulation Of Firearms That Is Preempted By The State Of Florida, And To Provide That
Weapons Shall Not Include Any Destructive Device Or Firearm As Defined Under Florida Law;
Providing For Repealer, Severability, Codification, And An Effective Date. 10:20 a.m. Second
Reading Public Hearing
(Requested by Commissioner Jerry Libbin)
(Legislative Tracking: City Attorney’s Office)
(First Reading on December 14, 2011)
ACTION: Public Hearing held. Ordinance No. 2012-3749 adopted and referred to the Land
Use and Development Committee to discuss what future action is appropriate to take by
the City Commission. Motion made by Commissioner Tobin; seconded by Commissioner
Libbin; Ballot vote: 4-0; Absent: Mayor Bower, Vice-Mayor Weithorn and Commissioner Exposito.
1) Ordinance adopted
2) Referred to LUDC for appropriate action to be taken
3) Legal Department to come back with what will be the appropriate action
4) Legal department to research if there is constitutional challenge to this state statute
End
Jose Smith, City Attorney, stated for the record that the Florida legislature has preempted firearm
regulations. A couple of years ago there was an effort in Tallahassee by the National Rifle
Association that persuaded the Florida legislature to enact very strong legislation keeping cities
and local authorities from exercising any firearm regulations. The Florida legislature went as far
as imposing severe fines and penalties on elected officials that engaged in any kind of regulation
regarding firearms, including a fine and removal from office.
Discussion held.
Commissioner Wolfson asked that if this ordinance is repealed and the City adopts a resolution
using right to free speech, stating that this Commission disagrees with it, and that this
Commission will use freedom of speech efforts to oppose this concept, that this Commission as a
body supports the Second Amendment, and reasonable regulations of firearms are good and
safer, would that be unconstitutional?
Jose Smith, City Attorney, stated that a resolution is a statement of sentiment and it is not a
regulation.
Discussion continued.
Motion made by Commissioner Tobin to approve the ordinance and refer it to the Land Use and
Development Committee for discussion of future action to be taken.
Commissioner Libbin suggested passing the ordinance and requested the Legal Department to
research the issue and advice the City Commission at the next meeting what is proper to do.
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Legal Department to handle.
Discussion continued.
Commissioner Wolfson requested in the interim, Legal Department to research if there is
constitutional challenge to this State Statute. Legal Department to handle.
Handouts and Reference Materials:
1. Ad in The Miami Herald – Ad # 686
11:10:50 a.m.
R5C An Ordinance Amending Chapter 10 Of The Miami Beach City Code Entitled “Animals,” By
Amending Section 10-10, Entitled “Animals Prohibited In Public Parks And On Beaches” To
Cross-Reference Language In Section 10-11 Regarding Off-Leash Areas For Dogs; By
Amending Section 10-11, Entitled “Running At Large Prohibited,” By Extending The Pilot
Program Off-Leash Area For Dogs In South Pointe Park Until July 15, 2012, By Providing Off-
Leash Hours In The Designated Area In The Morning From Sunrise To 10:00 A.M. Daily And
Between 4:00 P.M. And 7:00 P.M. Monday Through Friday, And Relocating The Off-Leash Area
To The South And East Of The Washington Avenue Entry Plaza; Providing For Repealer,
Severability, Codification, And An Effective Date. 10:25 a.m. Second Reading Public Hearing
(Requested by the Administration And Neighborhoods/Community Affairs Committee)
(Legislative Tracking: City Attorney’s Office)
(First Reading on December 14, 2011)
ACTION: Public Hearing held. Ordinance No. 2012-3750 adopted. Motion made by
Commissioner Libbin to approve the ordinance and give the Administration direction to file the
application with the Design Review Board (DRB) for the approval of the hedge and the location;
seconded by Commissioner Góngora; Ballot vote: 6-0; Absent: Commissioner Exposito. Kevin
Smith and Richard Lorber to handle.
Jeff Atlas spoke.
Discussion held.
Motion made by Commissioner Libbin to approve the ordinance and give the Administration
direction to have the Design Review Board (DRB) approve the hedge. Richard Lorber to
handle.
Jorge Gonzalez City Manager, explained that the direction to the Administration should be to file
the application with the Design Review Board (DRB).
Commissioner Libbin stated that will be his motion.
Commissioner Góngora does not recall the location and asked for clarification.
Hilda Fernandez, Assistant City Manager, explained the item.
Commissioner Libbin stated that he will yield to the Design Review Board (DRB) the decision of
the location of the hedge. He will prefer that it is handled at the DRB where the public can attend
and express their preference.
Handouts and Reference Materials:
1. Ad in The Miami Herald – Ad # 686
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R5D Recycling Ordinance
An Ordinance Amending Chapter 90 Of The Miami Beach City Code, Entitled “Solid Waste,” By
Amending The Definitions In Article I, Entitled “In General,” By Amending Section 90-2, Entitled
“Definitions”; By Amending Article II, Entitled “Administration” By Amending The Penalties For
Solid Waste Violations And To Provide Provisions And Penalties Relative To Recycling For
Multifamily Residences And Commercial Establishments; By Creating Article V, To Be Entitled
“Citywide Recycling Program For Multifamily Residences And Commercial Establishments,” To
Provide Provisions For Recycling Requirements And Enforcement, A Public Education Program,
A Warning Period, An Enforcement Date, Collector Liability, A “Red Tag” Noticing System,
Penalties, And Special Master Appeal Procedures; Providing For Repealer, Severability,
Codification, And An Effective Date. 10:35 a.m. Second Reading Public Hearing
(Requested by Commissioner Jonah Wolfson)
(Legislative Tracking: Public Works)
(Continued from October 19, 2011, 2011/Referred to FCWP)
ACTION: Public Hearing held. Item opened and continued to March 21, 2012 at 10:35 a.m.
Motion made by Commissioner Góngora; seconded by Commissioner Tobin; Voice vote: 4-0;
Absent: Vice-Mayor Weithorn and Commissioners Exposito and Wolfson. Lilia Cardillo to place
on the Commission Agenda. Fred Beckmann to handle.
The Commission Memorandum indicates that the proposed ordinance will undergo significant
modifications and the Administration therefore recommends that: this item be opened and
continued. The City Commission directed the Administration to rewrite the ordinance and that the
revised ordinance be presented to the Finance and Citywide Projects Committee before the first
reading. Fred Beckmann to handle.
10:29:59 a.m.
R5E RPS-4 Heights 2011
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Article II, "District
Regulations," Division 18, “PS Performance Standard District”, Section 142-696 “Residential
Performance Standard Area Requirements” To Modify The Maximum Height Requirements For
Residential Apartment Structures; By Amending Section 142-697 “Setback Requirements In The
R-PS 1, 2, 3, 4 District,” To Modify The Setback Requirements For Oceanfront Buildings;
Providing For Repealer, Codification, Severability And An Effective Date. 5:00 p.m. Second
Reading Public Hearing
(Requested by Commissioner Jonah Wolfson)
(Legislative Tracking: Planning Department)
(First Reading on December 14, 2011)
ACTION: Public Hearing held. Item opened and continued to February 8, 2012 at 5:00 p.m.
Motion made by Commissioner Libbin; seconded by Commissioner Tobin; Voice vote: 5-0;
Absent: Vice-Mayor Weithorn and Commissioner Exposito. Richard Lorber to handle.
Handouts and Reference Materials:
1. Ad in The Miami Herald – Ad # 686
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R5F An Ordinance Granting To Florida Power And Light Company, Its Successors And Assigns, An
Electric Franchise Imposing Provisions And Conditions Relating Thereto, Providing For Monthly
Payments To The City Of Miami Beach, And Providing For An Effective Date. 5:05 p.m. Second
Reading Public Hearing
(Requested by the City Commission)
(Legislative Tracking: Public Works)
(First Reading on December 14, 2011)
ACTION: Public Hearing. Item opened and continued to February 8, 2012 at 5:05 p.m.
Motion made by Commissioner Libbin; seconded by Commissioner Góngora; Voice vote: 5-0;
Absent: Vice-Mayor Weithorn and Commissioner Exposito. Lilia Cardillo to place on the
Commission Agenda. Fred Beckmann and Raul Aguila to handle.
Handouts and Reference Materials:
1. Ad in The Miami Herald – Ad # 686
12:25:58 p.m.
R5G An Ordinance Amending Chapter 66, “Marine Structures, Facilities And Vehicles,” Article IV,
“Vessels,” Section 66-151, “Launching And Hauling,” To Prohibit Docking, Securing, Embarking
Or Disembarking Vessels At Municipal Or Public Seawalls, Wharfs, Docks Or Bulkheads In
Single Family Neighborhoods, Creating Exceptions, Providing For Repealer; Codification;
Severability And An Effective Date. First Reading
(Requested by Vice-Mayor Deede Weithorn)
(Legislative Tracking: City Attorney’s Office)
ACTION: Ordinance approved on first reading. Motion made by Vice-Mayor Weithorn;
seconded by Commissioner Libbin; Ballot vote: 4-1; Opposed: Commissioner Tobin; Absent:
Commissioners Exposito and Wolfson. Second Reading and Public Hearing scheduled for
February 8, 2012. R. Parcher to notice. Lilia Cardillo to place on the Commission Agenda.
Legal Department to handle.
Jorge Gonzalez, City Manager, introduced the item.
Discussion held.
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SUPPLEMENTAL MATERIAL (1): Ordinance
R5H An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 118, “Administrative And Review Procedures,” Article II, “Boards,”
Division 5, “Board Of Adjustment,” Section 118-134, “Notification Of Hearings;” Article IV,
“Conditional Use Procedure,” Section 118-193 “Applications For Conditional Uses”; Article VI,
“Design Review Procedures;” Article X, “Historic Preservation;” And Article XI “Neighborhood
Conservation Districts (NCD);” To Clarify That Continuances Shall Be Noticed By Mail After The
First Continuance Granted By A Land Use Board; Providing For Repealer; Codification;
Severability And An Effective Date. First Reading
(Requested by Commissioner Jonah Wolfson)
(Legislative Tracking: Planning Department)
ACTION: Ordinance approved on first reading as amended. Motion made by Commissioner
Wolfson to approve the ordinance with the second continuance requiring a 15 days newspaper
notice and a 21 days postmark mailing notices; seconded by Commissioner Libbin; Ballot vote: 6-
0; Absent: Commissioner Exposito. Second Reading and Public Hearing scheduled for February
8, 2012. R. Parcher to notice. Lilia Cardillo to place on the Commission Agenda. Richard Lorber
to handle.
Amendment:
Mail notice change from 30 days to postmark 21 days and newspaper notice is 15 days.
End
Commissioner Tobin explained that requiring the 30 days notice on the continuance will extend
the time when this item will be heard again by at least two (2) months.
Discussion held.
Commissioner Libbin will support 15 days with noticing in the paper rather than mailers.
Commissioner Góngora suggested 21 days. He is fine with less than 30 days.
Discussion continued.
Commissioner Wolfson agrees with the 21 days notice so it can get on the next month’s agenda.
Discussion continued.
Motion made by Commissioner Wolfson to approve the ordinance with the second
continuance requiring a 15 day newspaper notice and 21 days mailing notices.
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12:52:25 p.m.
SUPPLEMENTAL MATERIAL (1): Ordinance
R5I Temporary Removal Of Parking Spaces
An Ordinance Amending The Code Of The City Of Miami Beach By Amending Chapter 82,
“Public Property,” Amending Section 82-384, “Permitted Sidewalk Café Frontage; Requests For
Expansion,” To Permit Sidewalk Cafes To Extend Into A Loading Zone Fronting A Restaurant;
Providing For Repealer, Codification, Severability And An Effective Date. First Reading
(Requested by the Land Use & Development Committee)
(Legislative Tracking: Planning Department)
ACTION: Ordinance approved on first reading. Motion made by Commissioner Góngora;
seconded by Vice-Mayor Weithorn; Ballot vote: 5-1; Opposed: Commissioner Tobin; Absent:
Commissioner Exposito. Second Reading and Public Hearing scheduled for February 8, 2012.
R. Parcher to notice. Lilia Cardillo to place on the Commission Agenda. Richard Lorber to
handle.
Michael Larkin, Esq., spoke.
Commissioner Tobin spoke about increasing the sidewalk café fee to $25 per square foot.
R7 - Resolutions
11:20:00 a.m.
R7A A Resolution Granting And Authorizing The Mayor And City Clerk To Execute An After-The-Fact
Revocable Permit To ASR Berwick Family LTD Partners, As Owner Of The Commercial Property
Located At 335 West 47th Street, To Retain A/C Units, A Utility Room, And A Trash Enclosure,
Currently Placed Within The Public City Right-Of-Way On West 47th Court. 10:30 a.m. Public
Hearing
(Public Works)
ACTION: Public Hearing held. Resolution No. 2012-27826 adopted and item referred to
the Neighborhood/Community Affairs Committee in February to review the progress made
per the recommendations as listed below. If the parties cannot agree, then bring back to
the City Commission for reconsideration of the revocable permit. Motion made by
Commissioner Libbin as stated by Raul Aguila, that the revocable permit be approved finding
that the conditions in Section 82.95 have been met, but the revocable permit be approved
subject to conditions: the parties meeting to craft a mitigation plan takes into consideration the
recommendations of Commissioner Tobin and Mayor Bower. Once the remediation plan has
been drafted, that the plan be forwarded to the Neighborhood/Community Affairs Committee
(NCAC), and if at that time Committee does not recommend approval of that plan, that the permit
be brought back to Commission for consideration of revocation; seconded by Commissioner
Góngora; Voice vote: 6-0; Absent: Commissioner Exposito. Randi MacBride to place on the
committee agenda. Fred Beckmann to handle.
REFERRAL RECOMMENDATIONS:
1. City Departments to get involved to improve the area:
• delivery operations, traffic circulation and the parking to be looked at and reviewed by the
Administration.
2. Both neighbors to meet and craft mitigation plan that includes:
• monthly maintenance (consider someone neutral, a third party)
• enforce traffic and dumping issues
• tenants cannot do work outside
• eliminate standing water by possibly installing French drains
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• remove unused electrical conduits and/or open wiring
• bulky trash or any type of work outside the building is not to be allowed
• obtain some type of uniformity with the iron grate by painting it
• If at referral meeting, the NCAC does not recommend approval, then bring back to
Commission to revoke the permit
• Paint and replace shed doors
End
Jorge M. Gonzalez, City Manager, introduced the item.
Michael Larkin, Esq., representing ASR Berwick Family LTD, explained the issue and introduced
the Resnick family and building tenants.
Andrew Dickman, Esq., representing Esquire House, spoke.
Raul Aguila, Deputy City Attorney, clarified the criteria for satisfying a revocable permit.
Discussion held.
Dr. Marshal Folstein, Esquire House tenant, spoke.
Grant N. Epstein spoke.
Professor Jacob Seigel, Esquire House tenant, spoke.
Mohammad J. Akhter, commercial tenant, spoke.
Rabbi Chaim Friedman spoke.
Netti Expstein, Esquire House tenant, spoke.
Motion made by Commissioner Libbin to approve the item and refer to the
Neighborhood/Community Affairs Committee with both parties to negotiate a plan for maintaining
the area and come up with the use that everyone agrees with.
Discussion continued.
Michael Larkin, Esq., ASR Berwick Family LTD, showed a diagram and explained how the
private alley is accessed and where the trucks are loading and unloading, in answering Mayor
Bower’s questions.
Discussion continued.
Commissioner Wolfson, by looking at the photos distributed, asked if there is something the
Berwick House could do with the A/C, the water build up, the growth, and the cleanup.
Michael Larkin, Esq., representing ASR Berwick Family LTD, stated that they agree on a
maintenance plan to look at the water issue and any unkempt grass, but also asked that the
neighbor to the north participate in the maintenance plan.
Mayor Bower requested that the City look at this issue and have City departments look at the
area and create an enhancement plan to find solutions to the concerns raised, such as sidewalk,
trucks loading and unloading, parking, traffic flow and esthetics of the area. Saul Frances to
handle.
Discussion continued.
Mayor Bower suggested referring to Neighbor/Community Affairs Committee in February and
bring back in March the agreed upon solutions to the area.
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Discussion continued.
Commissioner Tobin agreed to grant a conditional revocable permit with the following conditions:
tenants cannot do work outside, clean the area with maybe a monthly maintenance contract with
a third party who is responsible for maintaining the cleanliness of the alleyway, eliminate the
open wiring, get rid of unused conduit, cut some small French drains to eliminate standing water,
and get uniformity with iron grate, paint and clean it up.
Jorge Gomez, Assistant City Manager, added that the Mayor asked that the delivery operations,
traffic circulation and the parking be looked at and reviewed by the Administration.
Discussion continued.
Michael Larkin, Esq., representing ASR Berwick Family LTD, agreed to the conditions.
Discussion held.
Raul Aguila, Deputy City Attorney, stated that the motion should be that the revocable permit be
approved finding that the conditions in Section 82.95 have been met, but the revocable permit be
approved subject to conditions: the parties meeting to craft a mitigation plan which incorporates
the recommendations of Commissioner Tobin and Mayor Bower at a minimum. Once the
remediation plan has been drafted that the plan be forwarded to the Neighborhood/Community
Affairs Committee (NCAC), and if at that time Committee does not recommend approval of that
plan, that the permit be brought back to Commission for consideration of revocation.
Commissioner Libbin stated that everything that Mayor Bower and Commissioner Tobin stated
should not be part of the motion. The point is at the meeting to look at all of those items.
Raul Aguila, Deputy City Attorney, change the recommended motion above deleting “at a
minimum” and adding “to be taking into consideration the recommendations of Commissioner
Tobin and Mayor Bower.”
Motion made by Commissioner Libbin; seconded by Commissioner Góngora, to approve the
revocable permit with a referral to Neighborhood/Community Affairs Committee to consider the
recommendations as described above. Voice-vote: 6-0. Absent: Commissioner Exposito.
Handouts and Reference Materials:
1. Ad in The Miami Herald – Ad # 685
2. Berwick Building, 335 W. 47 Street brochure, including location map, excerpt of Historic Districts Map,
Flamingo Waterway Designation Report, Photos of Encroachments and Photos of Esquire House
Parking in W 47 Court prepared by Bercow Radell & Fernandez, Zoning, Land Use and
Environmental Law.
3. City Code Section 82-94 – Criteria for granting/denying revocable permits, attached to color copies of
the Esquire House, maps and historical documentation.
4. DVD re: Esquire House, from Andrew Dickman, dated January 11, 2012.
5. Notice of Violations, ASR Berwick Family LTD Partners, c/o Able Resnick, Case No. BV08000724.
6. Petition Opposing Resolution R7A
7. 4x6 color photos of property
8. 8x10 color photos submitted by Mr. Andrew Dickman
9. City of Miami Beach Notice of Public Hearing RE: ASR Berwick Family LTD, Partners, 335 W. 47
Street, including letter to Planning & Zoning Department dated November 15, 2011 from Maureen E
Hudson and copy of mailing labels
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12:47:27 p.m.
SUPPLEMENTAL MATERIAL (1): Memorandum
R7B Amendments To The FY 2010/11 And 2011/12 Budgets
1. A Resolution Adopting The Second Amendment To The FY 2010/11 General Fund
Budget And The First Amendment To The Enterprise, Internal Service And Resort Tax
Funds Budgets For Fiscal Year (FY) 2010/11.
ACTION: Resolution No. 2012-27827 adopted as amended. Motion made by Vice-
Mayor Weithorn; seconded by Commissioner Libbin; Voice vote 6-0; Absent:
Commissioner Exposito. Kathie Brooks to handle.
Amendment:
1. Round amounts be carried forward and recommended to set-aside for FY 12/13 to
be modified to $3.4 million and the carry-forward to FY 11/12 be modified to
$427,000.
2. Office of Budget and Performance Improvements notified the City Clerk’s Office that
the Resolution listed the beginning balances for FY 10/11 Enterprise Funds
incorrectly. In consultation with the Legal Department this error was determined to
be a scrivener’s error
End
Kathie Brooks, Budget and Performance Improvements Director, introduced the item.
She stated that one slight modification was made by Vice-Mayor Weithorn to round the
amounts being carried forward and recommended to set-aside for FY 12/13 be modified
to $3.4 million and the carry-forward to FY 11/12 be modified to $427,000.
Commissioner Tobin stated that he believes there needs to be more police on the street
and wonder if the Administration isn’t filling the vacancies to save the million dollars.
Both Jorge Gonzalez and Kathie Brooks indicated that in some departments this is true,
but not in the Police Department.
2. A Resolution Adopting The First Amendment To The General Fund, Enterprise, Internal
Service And Special Revenue Funds Budgets For Fiscal Year (FY) 2011/12 To
Appropriate Encumbrances And Prior Appropriations Carried Forward From FY 2010/11
And To Appropriate Funds Carried Forward For Special Revenue Budgets
(Budget & Performance Improvement)
(Memorandum & Resolutions to be Submitted in Supplemental)
ACTION: Resolution No. 2012-27828 adopted. Motion made by Vice-Mayor Weithorn;
seconded by Commissioner Libbin; Voice vote 6-0; Absent: Commissioner Exposito.
Kathie Brooks to handle.
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11:18:55 a.m.
SUPPLEMENTAL MATERIAL (1): Resolution
R7C A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
At Their October 27, 2011 Meeting To Extend The Current Management Agreement With
Greensquare On A Month-To-Month Basis Until Such Time As The New Flamingo Tennis Center
Is Nearing Completion And Coordinate The Issuance Of A New Tennis Centers Operations And
Management Request For Proposals (RFP) In A Manner To Have The Selected Operator In
Place To Coincide With The Grand Opening Of The New Flamingo Park Tennis Center Facility
And Authorizing The Issuance Of The Above Referenced Request For Proposals As Described.
(Parks & Recreation)
Revised Resolution Title – See Supplemental Material
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida,
Accepting The Recommendation Of The Finance And Citywide Projects Committee At Its
October 27, 2011 Meeting, To Extend The Current Management Agreement With Greensquare,
On A Month-To-Month Basis, Until Such Time As The New Flamingo Park Tennis Center Is
Nearing Completion, And Coordinate The Issuance Of A Tennis Center(s) Operations And
Management Agreement Request For Proposals (RFP) In A Manner To Have The Selected
Operator In Place To Coincide With The Grand Opening Of The New Flamingo Park Tennis
Center Facility, And Authorizing The Issuance Of The Above Referenced Request For
Proposals, As Described.
(Parks & Recreation)
ACTION: Item deferred to February 8, 2012. Motion made by Commissioner Góngora;
seconded by Commissioner Tobin; Voice vote 6-0; Absent: Commissioner Exposito. Lilia
Cardillo to place on the City Commission Agenda. Kevin Smith to handle.
R9 - New Business and Commission Requests
R9A Board And Committee Appointments.
ACTION: The following appointments and actions were made:
Beautification Committee:
Terry Blechmann Term ending 12/31/13 Appointed by Commissioner Tobin TL 12/31/18
Daniel Nixon Term ending 12/31/13 Appointed by Commissioner Weithorn TL 12/31/15
Committee for Quality Education in Miami Beach:
Sheila Duffy-Lehrman Term ending 12/31/12 Appointed by Commissioner Exposito TL 12/31/17
Karen Rivo Term ending 12/31/13 Appointed by Commissioner Weithorn TL 12/31/15
Community Development Advisory Committee:
Harvey Burstein Term ending 12/31/13 Appointed by Commissioner Tobin TL 12/31/14
Robert Fairless Term ending 12/31/13 Appointed by Commissioner Libbin TL 12/31/17
Karen Fryd Term ending 12/31/13 Appointed by Mayor Bower TL 12/31/17
Mark Hayes Term ending 12/31/13 Appointed by Commissioner Wolfson TL 12/31/15
Community Relations Board:
David Cardenas Term ending 12/31/13 Appointed by Commissioner Wolfson TL 12/31/18
Brad Fleet Term ending 12/31/13 Appointed by Commissioner Weithorn TL 12/31/13
Sol Genet Term ending 12/31/12 Appointed by Commissioner Libbin TL 12/31/19
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Convention Center Advisory Board:
Tim Nardi Term ending 12/31/13 Appointed by Commissioner Weithorn TL 12/31/17
Debarment Committee:
Darius Ashly Term ending 12/31/13 Appointed by Commissioner Weithorn TL 12/31/17
Joseph Hagen Term ending 12/31/13 Appointed by Commissioner Wolfson TL 12/31/15
Disability Access Committee:
John Bennett Term ending 12/31/13 Appointed by Commissioner Wolfson TL 12/31/13
Fine Arts Board:
Judith Berson-Levinson Term ending 12/31/13 Appointed by Commissioner Libbin TL 12/31/16
Melissa Broad Term ending 12/31/13 Appointed by Commissioner Tobin TL 12/31/15
Gay, Lesbian, Bisexual and Transgender (GLBT):
Willie “Chip” Arndt Term ending 12/31/13 Appointed by Commissioner Tobin TL 12/31/16
Marivi Iglesias Term ending 12/31/13 Appointed by Commissioner Weithorn TL 12/31/18
Joel Stedman Term ending 12/31/13 Appointed by Commissioner Wolfson TL 12/31/16
Hispanic Affairs Committee:
Patti Hernandez Term ending 12/31/13 Appointed by Commissioner Weithorn TL 12/31/15
Francis Trullenque Term ending 12/31/13 Appointed by Commissioner Tobin TL 12/31/15
Loan Review Committee:
Mayra Diaz Buttacavoli Term ending 12/31/13 Appointed by Commissioner Tobin TL 12/31/17
Michael Rotbart Term ending 12/31/13 Appointed by Commissioner Weithorn TL 12/31/13
Marine Authority:
Sasha Boulanger Tem ending 12/31/13 Appointed by Commissioner Tobin TL 12/31/18
Miami Beach Commission for Women:
Leslie Coller Term ending 12/31/13 Appointed by Commissioner Weithorn TL 12/31/15
Karen Edelstein Term ending 12/31/12 Appointed by Commissioner Libbin TL 12/31/15
Roberta Gould Term ending 12/31/13 Appointed by Commissioner Weithorn TL 12/31/15
Tiffany Lapciuc Term ending 12/31/13 Appointed by Commissioner Weithorn TL 12/31/17
Elsa Orlandini Term ending 12/31/13 Appointed by Commissioner Wolfson TL 12/31/13
Police Citizens Relations Committee:
Nelson Gonzalez Term ending 12/31/13 Appointed by Commissioner Tobin TL 12/31/15
Production Industry Council:
Noreen Legault-Mendoz
(TV/Film) Term ending 12/31/13 Appointed by Commissioner Wolfson TL 12/31/17
Belkys Nerey
(Production) Term ending 12/31/13 Appointed by Commissioner Weithorn TL 12/31/18
Ivan Pol
(Recording Industry) Term ending 12/31/13 Appointed by Commissioner Libbin TL 12/31/17
Safety Committee:
Mark Jacobs Removed due to absences
Mark Jacobs Term ending 12/31/12 Appointed by Commissioner Exposito TL 12/31/18
Marcella Pax Cohen Term ending 12/31/13 Appointed by Commissioner Weithorn TL 12/31/16
Scott Robbins Removed due to absences
Sustainability Committee:
Lilly Furst Term ending 12/31/13 Appointed by Commissioner Wolfson TL 12/31/16
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Transportation and Parking Committee:
Scott Diffenderfer Term ending 12/31/13 Appointed by Commissioner Wolfson TL 1231/15
Dalvin Fruit Rep. for Middle Beach Community Association (MBCA) 12/31/12
Maria Mayer Term ending 12/31/13 Appointed by Commissioner Tobin TL 12/31/16
Mark Weithorn Rep. for North Beach Development Corporation (NBDC) 12/31/13
Waterfront Protection Committee:
Paul Friedman Term ending 12/31/13 Appointed by Commissioner Tobin TL 12/31/16
Robert Kraft Term ending 12/31/13 Appointed by Commissioner Wolfson TL 12/31/16
Youth Center Advisory Board:
Stephanie Rosen Term ending 12/31/13 Appointed by Commissioner Weithorn TL 12/31/15
R9A1 Board And Committee Appointments - City Commission Appointments.
(City Clerk’s Office)
ACTION: No appointments made.
1:13:22 p.m.
R9B1 Dr. Stanley Sutnick Citizen’s Forum. (12:30 p.m.)
ACTION: The following individuals spoke:
1) Alberto Machado asked City officials wh y a president of a Beach Plaza condominium is
opposed to have a bus bench in front of the property. He complained that the elderly and
disabled lack accommodating services when traveling to medical centers. He also
mentioned the oil spill and how it affects the tourist industry.
2) Steve “Bubba” Cohen was informed of a letter sent to Miami-Dade Police Department from
the City Attorney’s Office to investigate PAL. He is concerned about the investigation and
hopes to see its conclusion. He thanked Mayor Bower for having the courage to stand up to
the thugs and added that he thinks the DNA program at MBPD had nothing to do with the
PAL Mission Statement or the kids. He commented on the “Sunshine Law violation;” and
added that those Commissioners accused were always concerned about confronting the City
Manager, and to have the courage to go forward and ask for his dismissal was courageous
on their part. On the issue of surfing, he stated that in 1964 when Jay Dermer was Mayor,
the ordinance was in place, but times have changed, and it’s wrong to see so many young
people in this Chamber being denied the beach to surf.
3) John Corey, Bayshore Homeowners Association President, stated that they met with the City
Administration, Palm View District residents and other residents, to present a plan that
included a 10 foot wide bike lanes, rebuilt seawall and a 10 to 8 foot landscaping strip along
Dade Boulevard, which requires two changes. The first plan, between Alton Road and
Meridian Avenue along Dade Boulevard, shows the amount of landscaping proposed by the
City. The second page consists of a plan that can be done, but the City will need to do traffic
studies and there will be a marginal increase in cost, but there is much more green space.
The third page shows two simple cross sections taken at the Publix Supermarket; the
proposal at the top shows the City’s plan that was partially approved at the Historic
Preservation Board, which shows the seawall rebuilt and a 10 ft bike path with no green
space. The plan at the bottom shows that a 10 foot planting strip can be added and the bike
path can be kept; however, there are two changes that would be needed: 1) removal of the
left turn lane going to Publix, which would require a traffic study and approval of the County,
and 2) a right turn lane from Dade onto North Michigan, with a 10 foot continuous planter
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along Dade Boulevard.
Discussion held.
Handout or Reference Materials:
1. Current City Proposed Plan Collins Canal Bike Path (three-pages) including proposed rendering of
section at Publix.
4) Stanley Shapiro was impressed with the Colony Theater’s play, and the City should be
proud; he stated that this weekend is Art Deco Weekend with displays on Ocean Drive; he
welcomed Vice-Mayor Weithorn back, and finally he stated that the US Government has cut
the funding for CDBG programs by 50%, which may well put his Seniors Group out of
business. He asked what the lobbyists are doing in Washington to try to save that funding.
He asked the City Manager if the funding cuts were reported. Administration to handle.
1:27:46 p.m.
5) Michael Laas explained the 1964 ordinance prohibiting surfing in certain areas of the beach,
restricting surfing only to Third Street, south of the jetty, and expressed the group’s
opposition to it.
ACTION: Motion made by Commissioner Libbin to allow surfing where allowed, instruct
lifeguards to allow surfing in safe areas, and in the meantime refer to
Neighborhood/Community Affairs Committee the discussion of the various types of water
sports activities that exist today to amend the 1964 ordinance; seconded by Commissioner
Wolfson; Voice-vote: 5-0; Absent: Vice-Mayor Weithorn and Commissioner Exposito.
Administration to inform the lifeguards. Randi MacBride to place on the committee
agenda. Eric Yuhr to handle.
Commissioner Góngora explained that this 1964 ordinance and a 1993 ordinance have
never been enforced, but the decision was made within the Administration to crack down on
surfers and enforce through the lifeguards, and these surfers, paddle boarders, and others
watersports enthusiasts are being pushed to a restricted unsafe area.
Jorge Gonzalez, City Manager, explained that as far as surfing, the pre-existing condition
can be reinstated; the Administration has been receiving complaints about illegal commercial
activity in the beach, such as rentals of paddle sailing, sail boarding, etc, and that should be
referred to committee to discuss the various types of activities that did not exist in 1964. He
suggested not enforcing the actual ordinance, drafting a revised ordinance and discuss at the
Neighborhood/Community Affairs Committee as suggested by Vice-Mayor Weithorn.
Discussion held.
Jose Smith, City Attorney, explained that except for the 12 restricted swimming areas where
lifeguards are present, other than those areas, surfers can surf anywhere in the City that they
want.
Mayor Bower asked which are the restricted areas and how they’re marked. Discussion
continued.
Motion made by Commissioner Libbin to allow surfing where allowed, instruct lifeguards to
permit surfing in safe areas, and in the meantime refer to Neighborhood/Community Affairs
Committee to discuss the various types of watersports activities that exist today to amend the
1964 ordinance; seconded by Commissioner Wolfson. Voice-vote: 5-0. Absent: Vice-Mayor
Weithorn and Commissioner Exposito. Administration to inform the lifeguards.
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Commissioner Góngora expressed his appreciation on behalf of the City Commission to the
surfer group for bringing this issue to their attention, which was not handed appropriately,
and invited the group to attend the Neighborhood/Community Affairs Committee meeting in
March.
Discussion continued.
Mayor Bower requested Mr. Laas to give his contact number to staff for notification of the
March committee meeting.
Handout or Reference Materials:
1. Sign in sheet
R9B2 Dr. Stanley Sutnick Citizen’s Forum. (5:30 p.m.)
ACTION: Not reached. Meeting adjourned prior to 5:30 p.m.
2:19:59 p.m.
Committee of the Whole Announcement
R. Parcher, City Clerk, announced the Committee of the Whole meeting for items R9C and R9D.
R9C The Committee Of The Whole Will Meet During Lunch Recess In The City Manager’s Large
Conference Room To Discuss The Audit Committee.
(Budget & Performance Improvement)
ACTION: Deferred. Report will be transmitted via LTC. Jim Sutter to handle.
Meeting commenced at approximately 3:30 p.m. – No video or audio
R9D The Committee Of The Whole Will Meet During Lunch Recess In The City Manager’s Large
Conference Room To Discuss The Community Satisfaction Survey.
(Budget & Performance Improvement)
ACTION: The meeting was called to order at approximately 3:30 p.m. Mayor Bower, Vice-
Mayor Weithorn, and Commissioners Góngora, Libbin and Tobin were present. Commissioner
Wolfson was present at approximately 3:50 p.m. Commissioner Exposito was absent.
Kathie Brooks, Budget and Performance Improvements Director, introduced the item and
introduced Mr. Phillip E. Downs, Ph.D., with Kerr & Downs Research. She added that the
questions edited are listed in “blue” and new questions are listed in “red.” The questions that did
not change are listed in “black.”
Reviewed the “Residential Satisfaction Survey”
Question 23 – change cleaned to Improved and area to geographic area – add wording to “no
area to be improved”
Question 27 – 1) move question to the characteristics chart (how are we doing); and 2) add a
similar question like the wording for Code;
Question 29 – keep as is
Question 34 – Add a question regarding what initiative they would be willing to give up parking
spaces for
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Add a question: Would you be willing to give up on-street parking in exchange for: Bicycle; mass
transit, electric cars, etc
Question 44 – add Hire more police
Question 63 – Delete but handle via a focus group
Question 64 – Delete
Question 68(10) Delete “like Facebook & Twitter” and “)”
Question 69: - Recommended leaving as is
Question 80: - Delete (do as a grid in business survey)
Question 81: - Delete
Question 82: Recommended leaving as is
The Building Department to develop a customer services exit evaluation survey -- Stephen
Scott to handle.
Reviewed the “Business Satisfaction Survey”
Questions 15, 16 and 20 are okay
Question 41 – Delete
Question 44(10) - Delete “like Facebook & Twitter”
Question 48(6) - Delete “like Facebook & Twitter”
Question 61 – change from 2 years to 3 years and separate into two questions with two grids
Building Department and Fire Safety – separately conduct post service exit
interviews in Building Department
Question 67 – Delete
The meeting adjourned at approximately 4:45 p.m.
Handout or Reference Material:
1. MIAMI BEACH – Business Satisfaction Survey Draft for 2012
2. City of Miami Beach Community Satisfaction Surveys Questionnaire Discussion by Phillip Downs,
Ph.D., Senior Partner, Kerry & Downs Research
10:35:59 a.m.
R9E Discussion And Update Regarding The Tennis Management Contract RFP.
(Requested by Commissioner Edward L. Tobin)
(Deferred from December 14, 2011)
ACTION: Item deferred to February 8, 2012 with a time certain at 5:15 p.m. Motion made by
Commissioner Góngora and approved by acclamation. Lilia Cardillo to place on the City
Commission Agenda. Kevin Smith to handle.
10:35:59 a.m.
R9F Discussion Regarding Creating A Tennis Committee.
(Requested by Commissioner Jonah Wolfson)
(Deferred from December 14, 2011)
ACTION: Item deferred to February 8, 2012 with a time certain at 5:15 p.m. Motion made by
Commissioner Góngora and approved by acclamation. Lilia Cardillo to place on the City
Commission Agenda.
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10:35:39 a.m.
R9G Discussion Regarding An Ordinance Amending The Miami Beach City Code By Amending
Chapter 2, Entitled “Administration,” By Amending Article III, Entitled “Agencies, Boards And
Committees,” By Creating Division 33, To Be Entitled “Tennis Advisory Committee,” And By
Creating Sections 2-190.148 Through 2-190.153 Thereto To Create A Tennis Advisory
Committee And Provisions Establishing The Committee And Its Mission, Powers, Duties,
Composition, And Supporting Department; And Providing For Repealer, Severability,
Codification, And An Effective Date.
(Requested by Commissioners Michael Góngora)
(Deferred from December 14, 2011)
ACTION: Item deferred to February 8, 2012 with a time certain at 5:15 p.m. Motion made by
Commissioner Góngora and approved by acclamation. Lilia Cardillo to place on the Commission
Agenda.
R9H Discussion And Update On The Citywide Dunes Maintenance Plan.
(Requested by Commissioner Edward L. Tobin)
(Deferred from December 14, 2011)
ACTION: Item deferred to February 8, 2012. Motion made by Commissioner Góngora and
approved by acclamation. Lilia Cardillo to place on the Commission Agenda.
R10 - City Attorney Reports
R10A City Attorney’s Status Report.
(City Attorney Office)
ACTION: Discussion held. Status report given by the City Attorney.
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10:59:00 a.m.
Jose Smith, City Attorney, announced the Attorney-Client Session below.
R10B Closed Attorney-Client Session
Pursuant To §286.011, Florida Statutes, The City Attorney Hereby Advises The Mayor And City
Commission That He Desires Advice Concerning The Following Pending Litigation Matter:
The City Of Miami Beach, Vs. Hargreaves Associates, Incorporated, Et Al, Eleventh Judicial
Circuit Of Florida, Case No. 10-61979 CA 03, 11th Judicial Circuit In And For Miami-Dade
County, Florida.
Therefore, A Private Closed Attorney-Client Session Will Be Held During The Lunch Recess Of
The City Commission Meeting On January 11, 2012 In The City Manager’s Large Conference
Room, Fourth Floor, City Hall, To Discuss Settlement Negotiations And/Or Strategy Related To
Litigation Expenditures With Regard To The Above-Referenced Litigation Matter.
The Following Individuals Will Be In Attendance: Mayor Matti Herrera Bower; Members Of The
City Commission: Jorge Exposito, Michael Góngora, Jerry Libbin, Edward Tobin, Deede
Weithorn And Jonah Wolfson; City Manager Jorge Gonzalez, City Attorney Jose Smith, First
Assistant City Attorney Steven Rothstein, Special Counsel Richard Lydecker, And Special
Counsel Meredyth Cooper.
ACTION: Attorney-Client Session announced and held.
2:16:17 p.m.
Mayor Bower Made The Following Announcement:
The Attorney-Client Sessions shall commence and will be held at 2:30 until 3:30 p.m., in the City
Manager’s Large Conference Room regarding the above litigation. The Following Individuals
Will Be In Attendance: Mayor Matti Herrera Bower; Members Of The City Commission: Jorge
Exposito, Michael Góngora, Jerry Libbin, Edward Tobin, Deede Weithorn And Jonah Wolfson;
City Manager Jorge Gonzalez, City Attorney Jose Smith, First Assistant City Attorney Steven
Rothstein, Special Counsel Richard Lydecker, And Special Counsel Meredyth Cooper.
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10:58:54 a.m.
Jose Smith, City Attorney, announced the Attorney-Client Session below.
R10C Closed Attorney-Client Sessions
Pursuant To §286.011, Florida Statutes, The City Attorney Hereby Advises The Mayor And City
Commission That He Desires Advice Concerning The Following Pending Litigation Matter:
1) 1100 West Properties, LLC V. City Of Miami Beach, Circuit Court Case No. 09-70789 CA 23
2) City Of Miami Beach V. 1100 West Properties, LLC, Circuit Court Appellate Division Case No.:
11-505 AP
Therefore, A Private Closed Attorney-Client Session Will Be Held During The Lunch Recess Of
The City Commission Meeting On January 11, 2012 In The City Manager’s Large Conference
Room, Fourth Floor, City Hall, To Discuss Settlement Negotiations And/Or Strategy Related To
Litigation Expenditures With Regard To The Above-Referenced Litigation Matters.
The Following Individuals Will Be In Attendance: Mayor Matti Herrera Bower; Members Of The
City Commission: Jorge Exposito, Michael Góngora, Jerry Libbin, Edward Tobin, Deede
Weithorn And Jonah Wolfson; City Manager Jorge Gonzalez, City Attorney Jose Smith, And First
Assistant City Attorney Rhonda Montoya Hasan.
ACTION: Attorney-Client Session announced and held.
2:17:34 p.m.
Mayor Bower Made The Following Announcement:
The Attorney-Client Sessions shall commence and will be held at 2:30 until 4:00 p.m., in the City
Manager’s Large Conference Room regarding the above litigation. The Following Individuals
Will Be In Attendance: Mayor Matti Herrera Bower; Members Of The City Commission: Jorge
Exposito, Michael Góngora, Jerry Libbin, Edward Tobin, Deede Weithorn And Jonah Wolfson;
City Manager Jorge Gonzalez, City Attorney Jose Smith, And First Assistant City Attorney
Rhonda Montoya Hasan.
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10:59:00 a.m.
Jose Smith, City Attorney, announced the Attorney-Client Session below.
R10D Attorney Client Session
Pursuant To §286.011, Florida Statutes, The City Attorney Hereby Advises The Mayor And City
Commission That He Desires Advice Concerning The Following Pending Litigation Matter:
Museum Walk Apartments V. City Of Miami Beach, Eleventh Judicial Circuit Of Florida,
Appellate Jurisdiction, Case Nos. 11-058-061; 068-074; 076-084; 086-087; 115-124; 662; And
670
Therefore, A Private Closed Attorney-Client Session Will Be Held During The Lunch Recess Of
The City Commission Meeting On January 11, 2012 In The City Manager’s Large Conference
Room, Fourth Floor, City Hall, To Discuss Settlement Negotiations And/Or Litigation Strategy
With Regard To The Above-Referenced Litigation Matters.
The Following Individuals Will Be In Attendance: Mayor Matti Herrera Bower; Members Of The
City Commission: Vice Mayor Deede Weithorn, Edward Tobin, Jorge Exposito, Michael
Góngora, Jerry Libbin And Jonah Wolfson; City Attorney Jose Smith, City Manager Jorge
Gonzalez, First Assistant City Attorney Rhonda Montoya Hasan And First Assistant City Attorney
Steven Rothstein.
ACTION: Attorney-Client Session announced and held.
2:18:48 p.m.
Mayor Bower Made The Following Announcement:
The Attorney-Client Sessions shall commence and will be held at 3:30 until 4:30 p.m., in the City
Manager’s Large Conference Room regarding the above litigation. The Following Individuals
Will Be In Attendance: Mayor Matti Herrera Bower; Members Of The City Commission: Jorge
Exposito, Michael Góngora, Jerry Libbin, Edward Tobin, Deede Weithorn And Jonah Wolfson;
City Manager Jorge Gonzalez, City Attorney Jose Smith, First Assistant City Attorney Rhonda
Montoya Hasan And First Assistant City Attorney Steven Rothstein.
5:32:01 p.m.
Mayor Bower announced that the Attorney/Client sessions announced before the break have
terminated.
Reports and Informational Items
Reports and Informational Items (see LTC #004-2012)
End of Regular Agenda
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Miami Beach Redevelopment Agency
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
January 11, 2012
Chairperson of the Board Matti Herrera Bower
Member of the Board Jorge Exposito
Member of the Board Michael Góngora
Member of the Board Jerry Libbin
Member of the Board Edward L. Tobin
Member of the Board Deede Weithorn
Member of the Board Jonah Wolfson
Executive Director Jorge M. Gonzalez
Assistant Director Jorge Gomez
General Counsel Jose Smith
Secretary Robert E. Parcher
AGENDA
1. NEW BUSINESS
A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment
Agency Adopting And Appropriating The First Amendment To The Operating Budget For
The City Center Redevelopment Area And The Anchor Shops And Parking Garage For
Items That Are Over-Budget; And, Retroactively Adopting And Appropriating The Budget
For The Pennsylvania Avenue Shops And Parking Garage For Fiscal Year 2010/11.
(Budget & Performance Improvement)
12:51:59 p.m.
1A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment
Agency Adopting And Appropriating The First Amendment To The Fiscal Year 2010/11
Operating Budget For The City Center Redevelopment Area And The Anchor Shops And
Parking Garage For Items That Are Over-Budget; And, Retroactively Adopting And
Appropriating The Budget For The Pennsylvania Avenue Shops And Parking Garage For
Fiscal Year 2010/11.
(Budget & Performance Improvement)
(Resolution)
ACTION: Resolution No. 581-2012 adopted. Motion made by Board Member
Góngora; seconded by Board Member Libbin; Voice vote: 6-0; Absent: Board Member
Exposito. Patricia Walker to appropriate the funds. Kathie Brooks to handle.
Meeting adjourned at 5:32 p.m.