20120208 AAAfteraction February 8, 2012 City of Miami Beach
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City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
February 8, 2012
Mayor Matti Herrera Bower
Vice-Mayor Deede Weithorn In at approximately 10:47 a.m.
Commissioner Jorge R. Exposito
Commissioner Michael Góngora
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
Commissioner Jonah Wolfson In at approximately 1:19 p.m.
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 office. 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 Proclamation/Detective Daniel Erben, Life Saving Actions, Jan. 8, 2012. (Libbin/Exposito) 23
PA2 Certificates Of Appreciation/Several MBPD Officers, Officer Of The Year. (Exposito)
PA3 D-Certificate Of Appreciation/Assistant State Attorney Santiago Aroca. (Exposito)
PA4 Certificates Of Appreciation/Bryan Layton & Michelle Viera, Toy Drive. (Exposito/Gongora)
PA5 Certificate Of Recognition/The Sunshine Fit For Tots Program. (Góngora)
PA6 Certificates Of Recognition/Miagreen & City Of Miami Beach Partners. (Góngora)
PA7 Proclamation/Tim Nardi, Chair Of Greater Miami & The Beaches Hotel Assoc. (Góngora)
PA8 Proclamation/Miami Beach Senior High School, Becoming An “A” School. (Wolfson/Bower)
PA9 D-Certificate Of Recognition/Gabriel Cooper, Nautilus Middle School Student. (Wolfson)
PA10 D-Certificate Of Recognition/V & E Restaurant Group (Espanola Way). (Wolfson)
PA11 Plaque/Enid Rodriguez, Dedication To Veterans Of Foreign Wars Post 3559. (Libbin)
PA12 Presentation/“At Your Service Award” For January 2012.
PA13 Certificates Of Completion/Neighborhood Leadership Academy Graduates Fall 2011 Class.
PA14 Proclamation/Declaring February 2011 Black History Month.
PA15 Proclamation/Declaring February 8th "Sabrina Cohen Day." (Tobin/Góngora/Bower)
PA16 New Item: Certificates Of Recognition/Alberto Tarud-Saieh, Sr. Placement Program. (Wolfson)
C2A Issue RFP, Removal & Disposal Of Derelict Vessels. 27
C2B Issue RFP, Disaster Recovery Services. 31
C2C Issue RFP, Emergency Disaster Debris Monitoring Services. 37
C2D D-Issue RFP, Installation Of Citywide Automated Teller Machines (ATM). 43
C2E Award Contract, Purchase & Delivery Of Magnetic Portable Dance Floors. 51
C4A Ref: CIPOC - Contract Status, Project In The Biscayne Point Neighborhood. (Weithorn) 57
C4B Ref: NCAC - Use Of Plastic Straws On The Beach. (Exposito) 59
C4C Ref: FCWPC - Management Of City’s Golf Courses, Clubhouses & Related Facilities. 61
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C4D Ref: FCWPC - Consideration Of Letter Agreement With Art Basel Miami Beach. 63
C4E Ref: NCAC - Provide Alternative Enforcement Means For Certain Provisions. 65
C4F Ref: FCWPC - Report On Recent Building Department Accomplishments & Activities. 67
C4G Ref: Planning Board - De-Intensification Of The I-1 Light Industrial District. 69
C4H Ref: NCAC - Ordinance Re: Private Parking Lots With Automated Pay Machines. (Libbin) 71
C4I Ref: NCAC - Landscape Encroachments In Single Family Home Neighborhoods. (Tobin) 73
C6A Report: Neighborhoods/Community Affairs Committee Meeting On December 8, 2011. 77
C6B Report: Joint Meeting Of NCAC And FCWP Committee On January 19, 2012. 87
C6C Report: Land Use & Development Committee Meeting On January 18, 2012. 97
C6D Report: Finance & Citywide Projects Committee Meeting On December 27, 2011. 101
C7A Submit Grant Applications To Various Funding Agencies. 107
C7B Support Adequate Homeland Security Funding & Tier I DHS Designation. 115
C7C Accept Recommendation, Pre-Construction Services For S. Pointe Park Pier Project. 121/SM
C7D Execute Agreement, Palm & Hibiscus Neighborhood ROW Improvement Project. 123/SM
C7E Approve Increase To Project Contingency, ROW Improvement - Star Island. 157
C7F Execute Amendment No. 12, City Center ROW Neighborhood Improvement Project. 167
C7G Re-Appointment Of Chief Special Master. 193
C7H Elect Commissioner Jerry Libbin, As Vice-Mayor For March 1, 2012 To June 30, 2012. 201
C7I Approve Application For Historic Ad Valorem Tax Exemption - 5240 N. Bay Road. 205
C7J Adopt & Appropriate 2nd Amendment To Police Confiscation Trust Fund Budget. 229
C7K Execute Letter Of Agreement With FPL, Energy Sustainability Projects. 237/SM
C7L Approve One-Time Only Subordination Of Mortgage And Security Agmt W/ MBCDC. 239/SM
C7M Sunset Island 3 & 4 Special Assessment District For Undergrounding Utilities. A
C7N Execute Agreement, Sunset Islands 3 & 4 Neighborhood ROW Improvement Project. A1
R2A Approve Purchase, Replacement & Vehicle Additions And Equipment, $3,477.980. 245
R2B Approve Purchase, Replacement & Vehicle Additions And Equipment, $967,819.91. 259
R5A 10:20 a.m. 2nd Rdg, Amend Marine Structures, Facilities & Vehicles. (Weithorn) 269
R5B 10:25 a.m. 2nd Rdg, Temporary Removal Of Parking Spaces. 277
R5C 10:30 a.m. 2nd Rdg, Continuances By Land Use Boards (Wolfson) 5/7 285
R5D 5:00 p.m. 2nd Rdg, RPS-4 Heights 2011. (Wolfson) 5/7 299
R5E 5:05 p.m. 2nd Rdg, Grant FPL An Electric Franchise. 311
R5F 1st Rdg, Energy Economic Development Zone Pilot Program. 341
R5G 1st Rdg, Short Term Rental Of Apartment Units/Townhomes - Flamingo Park. (Exposito) 5/7 349
R5H 1st Rdg, Amend No. 789, Classified Employees Salary Ordinance - COLA. 357
R5I 1st Rdg, Amend No. 1605, Unclassified Employees Salary Ordinance. 375
R5J 5:50 p.m. 1st Rdg, Amend Disability Access Committee-Members/Quorum. (Wolfson) 391
R7A 10:15 a.m. Grant Revocable Permit To 1790 Alton Holdings LLC. 399
R7B Joint, Execute 1st Amendment To Agreement With Penn 17, LLC. 407
R7C Accept Recommendation, Extend Management Agreement - Flamingo Park Tennis Center. 417
R7D 10:40 a.m. Approve Lease Agmt w/ South Florida Salon Group - 1701 Meridian Avenue. 5/7 427
R7E 5:10 p.m. Issue Towing Permits To Beach Towing And Tremont Towing. 441/SM/SM1
R7F 10:45 a.m. Amendment No. 1, Maintenance Of 1100 Block Of Lincoln Road Mall. 5/7 469
R9A Board & Committee Appointments. 489
R9A1 Board & Committee Appointments - City Commission Appointments. 495
R9A2 Appoint Peter Chevalier For Commissioner To The Housing Authority. (Bower) 509
R9B1 12:30 p.m. Dr. Stanley Sutnick Citizen’s Forum. 511
R9B2 5:30 p.m. Dr. Stanley Sutnick Citizen’s Forum. 511
R9C 5:15 p.m. Discuss The Tennis Management Contract RFP. (Tobin) 513
R9D 5:15 p.m. Discuss Creating A Tennis Committee. (Wolfson) 515
R9E 5:15 p.m. Discuss Ordinance Creating A Tennis Advisory Committee. (Góngora) 517
R9F Discuss The Citywide Dunes Maintenance Plan. (Tobin) 521
R9G Discuss Communicate Progress Of Construction To Local Residents. (Exposito) 523
R9H Discuss Major Event Plan For Winter Music Conference & Spring Break. (Exposito) 525
R9I Discuss Resolution Urging To Repeal The Penalty Provisions In Firearms Act. (Bower) 527
R9J 5:10 p.m. Discuss Traffic Analysis, Relocation Of Towing Storage Facilities To Terminal Isl. 531
R9K Budget Advisory Committee Pension Reform Initiative Status Report. 563/SM
R9L W-Discuss Changes & Progress At Building Department. (Tobin) 565
R9M Discuss Muss Park Improvements And Seawall. (Tobin) 567
R9N 2:30 p.m. Discuss & Refer To NCAC - Sunrise Plaza & Beachwalk. (Tobin) 569
R9O 2:35 p.m. Discuss Dredging/Replacement Of The 54” Force Main In Government Cut. (Tobin) 571
R9P 10:05 a.m. Discuss Successes, Failures & Costs Assoc. W/ New PD Sector Plan. (Tobin) 573
R9Q 11:45 a.m. Discuss Status Of Biscayne Pointe Island Improvements Project. (Wolfson) 575
R9R Discuss The Off-Leash Designated Area At South Pointe Park. (Wolfson) 577
R9S 12:00 p.m. Discuss The Collins Canal / Bike Path Project. (Exposito) 579
R9T 11:15 a.m. Discuss Developer’s Request For A Charette Process. (Bower) 581
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R9U Discuss Status Of Scheduling Retreat Required As Per Committee Of The Whole. (Wolfson) A
R9V 5:45 p.m. Discuss Parking At The Scott Rakow Youth Center. (Weithorn) A
R9W Discuss Adding Language To Convention Center Development RFQ/RFP Process. (Exposito) A
R9X Discuss Liability Issues Arising From Police Take Home Vehicles. (Wolfson) A/SM1
R9Y Discuss Update On The 2012 Florida Legislative Session. A
R9Z Discuss Resolution: Waive Convention Center Fee For Stem Tech Olympiad 2012. (Exposito) A1
R10A City Attorney’s Status Report. 585
R10B 1:00 p.m. Closed Attorney-Client Sessions: 1100 West Properties, LLC V. CMB. 591
R10C W-Closed Attorney-Client Session: Museum Walk Apartments V. CMB. 593
Reports & Informational Items (see LTC 025-2012) 597
1A Approve Modification Of Terms, Mortgage & Promissory Note Given By MBCDC. 603/SM
1B Joint, Execute 1st Amendment To Agreement With Penn 17, LLC. 619
Meeting called to order at 9:41:29 a.m.
Inspirational Message given by Rabbi Malka from the Cuban Hebrew Congregation at Temple
Beth Shmuel.
Pledge of Allegiance led by Dr. Rosann Sidener, Principal Miami Beach High.
ADDENDUM and ADDENDUM 1:
Motion made by Commissioner Exposito to add items C7M, C7N, R9U, R9V, R9W, R9X, R9Y
and R9Z to the Agenda as an emergency items; seconded by Commissioner Libbin; Voice
vote: 6-0; Absent: Commissioner Wolfson.
SUPPLEMENTAL MATERIAL:
C7C – Memorandum & Resolution, C7D – Resolution, C7K – Memorandum & Resolution, C7L
– Resolution, R7E – Revised Resolution, R9K – Memorandum, and RDA-IA - Resolution
SUPPLEMENTAL MATERIAL 1
R7E – Additional Information and R9X – Additional Information
Presentations and Awards
9:48:37 a.m.
PA1 Proclamation To Be Presented To Detective Daniel Erben For His Heroic, Life Saving Actions
While Off-Duty On January 8, 2012.
(Requested by Commissioners Jerry Libbin & Jorge R. Exposito)
(Deferred from January 11, 2012)
ACTION: Proclamation presented. Item heard in conjunction with PA12.
Commissioner Libbin introduced the item and gave a brief background summary of the heroic
actions of Detective Erben during an incident where a man drove his vehicle into the water.
Assistant Chief Martinez read a commendation letter explaining the details of the incident and
how Detective Erben, who was off-duty at that time, quickly responded to pull the unconscious
driver out of the water, thereby saving his life. He is also the recipient of the “At Your Service”
award.
Handouts or Reference Materials:
1 . List of Recipients
9:53:56 a.m.
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PA2 Certificates Of Appreciation To Be Presented To Several Miami Beach Police Department
Officers, Officer Of The Year And Civilian Of The Year.
(Requested by Commissioner Jorge R. Exposito)
ACTION: Certificates presented.
Commissioner Exposito introduced the item and recognized for the year 2011: Officer of the
Month for November, Officer Daniel Molina; Officers of the Month for December, Officers Delvin
Brown and Shantell Mitchell; and Officer of the Year Detective Robert Lanier (who was unable to
attend). Also Civilian of the Year was awarded to Mauvett Rattigan. He summarized the
dedication and efforts shown by each recipient, and the reasons for the recognition. Their actions
are commendable and the City is proud to acknowledge them on behalf of the City Commission.
Assistant Chief of Police Ray Martinez spoke.
Handouts or Reference Materials:
1 . List of Recipients
PA3 Certificate Of Appreciation To Be Presented To Assistant State Attorney Santiago Aroca.
(Requested By Commissioner Jorge R. Exposito)
ACTION: Item deferred to the March 21, 2012 Commission Meeting. Lilia Cardillo to place on the
Commission Agenda.
10:40:44 a.m.
PA4 Certificates Of Appreciation To Be Presented To The Bryan Layton And Michelle Viera For
Coordinating The Miami Beach Firefighters Annual Toy Drive.
(Requested by Commissioners Jorge R. Exposito & Michael Góngora)
ACTION: Certificates presented.
Commissioner Exposito explained that it is fitting to recognize individuals that do so much for the
community and reach out during the holidays to those that need it the most. He recognized
Bryan Layton and Michelle Viera for providing toys to help needy children enjoy their holiday
season.
Commissioner Góngora explained that it makes them proud to see how employees get involved
in their own time to help those in need, and he congratulated them for their efforts.
Michelle Viera spoke.
Handouts or Reference Materials:
1 . List of Recipients
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9:58:56 a.m.
PA5 Certificate Of Recognition To The Sunshine Fit For Tots Program Being Administered By Playing
The Game Of Life Based In Miami Beach.
(Requested by Commissioner Michael Góngora)
ACTION: Certificate presented. Commissioner Góngora suggested setting up a program via the
Committee for Quality Education in Miami Beach. Leslie Rosenfeld to handle.
Commissioner Góngora introduced the item and explained that the Sunshine Fit for Tots program
was developed by the Sunshine Child Wellness Collaborative (SCWC); a Miami based initiative
conceived in December 2009 in response to the national child obesity epidemic. He recognized
Jeannette Egozi, Executive Director of Stand Up for Those Who Can’t, Prevention Specialist,
Mary Rae Smith, President and Founder of Sunshine Child Wellness Collaborative, Prevention
Specialist, Darby Hayes, Art Works! Consultant, Fatima Johnson, CEO Fatima Dance,
Artist/Educator, Winsome Bolt, CEO Winsome Design, Inc., Artist/Educator, Susan Chetwood,
BBA Finance, Prevention Specialist, Diana Susi, Owner Happy Kids, Fortuna Babani, Owner
Alberto’s Dream Childcare, Bonnita Dukes, Owner Happy Children of Overtown, and Vanessa
Cainzos, Owner, Fantasy Land Child Care. The goal is to eventually replicate the program in
child care venues throughout the South Florida region using a training-of-trainers approach.
SUFTWC offers parenting workshops and enrichment and cultural activities for children and their
families. He congratulated all recipients on this wonderful initiative.
Mary Rae Smith, President and Founder of Sunshine Child Wellness Collaborative, Prevention
Specialist, spoke.
David Weismann, Aetna Representative, presented a $50,000 grant check.
Noemi Alarcon, Aetna Representative, spoke.
Mayor Bower requested to have more information about the program and how the funds will be
used to benefit the children.
Darby Hayes, Art Works! Consultant, explained that their initiative brings art as a vehicle for
learning; and that this is a pilot group of teams in partnership with the community.
Jeannette Egozi, Executive Director of Stand Up for Those Who Can’t, explained how they teach
nutrition through visual arts, family involvement and education.
Commissioner Góngora suggested setting up a program via the Committee for Quality Education
in Miami Beach. Leslie Rosenfeld to handle.
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10:44:45 a.m.
PA6 Certificates Of Recognition To Be Presented To Miagreen And The City Of Miami Beach Partners
For Their Participation In Miami Beach’s Pavilion Entitled: Blue Skies, White Sands, Green City.
(Requested by Commissioner Michael Góngora)
ACTION: Certificates presented.
Commissioner Góngora introduced the item and recognized Jose Garcia and City staff Hilda
Fernandez, Betsy Wheaton, Nannette Rodriguez, Jeff Singer and his aide Diane Fontani. The
event was a success; there were over 3,700 participants, 13.2% more exhibitors, sponsors &
partners than last year, 60 hours of high level & accredited educational sessions and courses,
and 39 countries represented from Latin America and the Caribbean. MiaGreen expanded
successfully into SOLAR for the first time, positioning as the top combined Green
Building/Remodeling, Solar & Sustainable Operations hemispheric trade show and conference.
But the City could not have done its pavilion, “Blue Skies, White Sands, and Green City,”
without their City partners: Jose Garcia, Greater Miami and the Beaches Hotel Association-
Wendy Kallergis, The Palms Hotel & Spa, Shore Club, Tim Nardi, Clifton Hotel/Cambean
Hospitality, Dream South Beach, Peggy Benua, Dream in Green, Gabriole Van Bryce; Car
Charging Inc., Jessica Herrada, Hertz on Demand, Arnaud Simeray, DecoBikes, Colby Reese,
Ecomb, Luiz Rodrigues, Coca Cola, Rosa Rodriguez and Ameresco, Tracey E. Gallentine.
Video was shown.
Jose Garcia, MiaGreen representative, spoke.
10:11:08 a.m.
PA7 Proclamation To Be Presented To Tim Nardi For His Service And Dedication As The Chair Of
The Greater Miami And The Beaches Hotel Association.
(Requested by Commissioner Michael Góngora)
ACTION: Proclamation presented.
Commissioner Góngora stated that Tim truly deserves this proclamation, as he really
understands the meaning of giving back to the community. Tim Nardi has resided in Miami Beach
for ten years and has committed his time to serve this community in the areas of commerce and
charity. Tim Nardi has provided leadership to the Miami Beach business community as Board
Chairman of the Greater Miami and the Beaches Hotel Association, prior to that as a Board
Member of the Miami Beach Chamber of Commerce for seven years; and as a Board Member
and Finance Committee Member of the Greater Miami Convention and Visitors Bureau;
additionally he has served on the Convention Center Advisory Board for two years. Tim Nardi has
led charitable organizations in the community as the Co-Chair of the Task Force’s Miami
Recognition Dinner, and as a Board Member of AYUDA. Tim has been recognized as a key
leader in Miami Beach and actively and continuously participates in initiatives and organizations
to assist in the on-going success of Miami Beach as a premier worldwide destination. Tim has
also balanced his business focus by serving Miami Beach with his efforts to develop awareness
of and assistance for the charitable needs of his community. Congratulations to Tim Nardi as the
City proclaims today “Tim Nardi Day.”
Tim Nardi spoke.
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9:43:10 a.m.
PA8 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 & Mayor Matti Herrera Bower)
(Deferred from January 11, 2012)
ACTION: Proclamation presented.
Mayor Bower introduced the item.
Rosann Sidener Ed.D., Principal, Miami Beach Senior High School, explained the impact of
becoming an “A” school and added that 93% of high school students went on to college last year.
Laurie K. Davis spoke.
Commissioner Libbin announced that Dr. Sidener is being recognized on June 2nd at the
Chamber of Commerce’s Annual Dinner Gala with the Distinguished Community Service Award.
PA9 Certificate Of Recognition To Be Presented To Gabriel Cooper, Nautilus Middle School Student,
For His Heroic Efforts While Assisting A School Crossing Guard.
(Requested By Commissioner Jonah Wolfson)
ACTION: Item deferred to the March 21, 2012 Commission Meeting. Lilia Cardillo to place on the
Commission Agenda.
PA10 Certificate Of Recognition To Be Presented To V & E Restaurant Group (Espanola Way).
(Requested By Commissioner Jonah Wolfson)
ACTION: Item deferred to the March 21, 2012 Commission Meeting. Lilia Cardillo to place on the
Commission Agenda.
10:16:45 a.m.
PA11 Plaque To Be Presented To Enid Rodriguez For Her Dedication To Veterans On Behalf Of The
Veterans Of Foreign Wars Post 3559.
(Requested by Commissioner Jerry Libbin)
ACTION: Plaque presented.
Commissioner Libbin stated that this is a surprise presentation for the Mayor, the members of the
City Commission and his aide Enid Rodriguez. He spoke at the Veterans of Foreign Wars (VFW)
Annual Luncheon and was presented with a plaque, which he read into the record, recognizing
Ms. Rodriguez for her efforts in putting together Veterans Day Parade and other veterans related
events.
Enid Rodriguez thanked the VFW for the award and thanked the Commission and Administration
for their support during these projects.
Mayor Bower commended and congratulated Enid for her involvement with projects and for her
dedication and hard work.
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Commissioner Libbin presented the plaque to the Mayor and City Commission for their support.
Commissioner Tobin stated that all the aides in the Commissioner’s Office are dedicated and
work well as a team and Enid is a great team player, she is always pleasant and has a great
attitude, and he thanked her for that.
PA12 Presentation For “At Your Service Award” For January 2012.
(Human Resources)
ACTION: Presentation made. See action in PA1.
10:31:41 a.m.
PA13 Certificates Of Completion To Be Presented To The City Of Miami Beach Neighborhood
Leadership Academy Graduates Fall 2011 Class.
(City Manager’s Office)
ACTION: Certificates presented.
Jorge Gonzalez, City Manager, introduced the item and explained how the program works. He
added that this is the 20th session of graduates, and some of the graduates have become
candidates for office and, furthermore, one of its first graduates actually become a Commissioner,
referring to Commissioner Exposito. He read the names and congratulated all participants. He
thanked Caroline DeFreze for her efforts in coordinating the classes and spending time and effort
and doing a great job, and announced that the next session will start March 5th, and encourage all
to participate in the English or Spanish academy.
The following individuals were presented certificates: Amanda Bush, Brian Harris, Bruce Klaiber,
Bruce Reich, Candice Richard, Cory Chestman, Debbie Niskin, EuGene Gant, George Durham,
Guillermo Cueto, Huntley Harvey, Jane Piazzetta, Jared Galbut, Jenna Chase, Karyn Dornfield,
Lea Reich, Luis Castro, Marcela Mazur, Maria Cifuentes, Matt Lord, Modesto Mora, Nesip
Toykan, Norma Cueto, Oliver Oberhauser, Paula Johnson, Rosemarie Likens, Ruth Klestinec,
Scott ManMaster, Shirley Inoni, Susana Penaranda, Howard Chase, Barbara Evans, Feliz
Vazquez and Reginald Merilus.
Shirley Inoni thanked Mayor Bower, members of the City Commission and Jorge Gonzalez, City
Manager, for their support and initiative of programs such as this one.
10:39:40 a.m.
PA14 Proclamation Declaring February 2012 Black History Month.
(City Manager’s Office)
ACTION: Proclamation presented.
Ramiro Inguanzo, Human Resources Department Director, announced that February has been
proclaimed by the United States Congress as “Black History Month” to recognize efforts that
African-Americans have contributed to this country. He added that there are events listed
throughout Miami-Dade County and will be publicized accordingly.
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10:53:30 a.m.
PA15 Proclamation Declaring February 8th "Sabrina Cohen Day," In Honor Of Being A Winner In The
National "America Inspired" Competition In The Overcoming Adversity Category.
(Requested by Commissioners Edward L. Tobin & Michael Góngora
And Mayor Matti Herrera Bower)
ACTION: Proclamation presented.
Commissioner Tobin explained that Ms. Cohen is a Miami Beach native who has been confined
in a wheelchair since the age of 14, when she was in a car crash, but quickly turned her disability
into a tool to transform the lives of others. She became a motivational speaker, speaking and
inspiring both youngsters and adults with her story. Sabrina established the nonprofit Sabrina
Cohen Foundation for Stem Cell Research and raised $75,000 for stem cell research through
events. She received national recognition and has given medical grants to three of the top stem
cell researchers in the country, who have in turn credited her for helping to inspire them. On
February 1, 2012 she was awarded first place and $10,000 in the Overcoming Adversity category
of the national America Inspired competition, having been selected from a field of 1,000 nominees
through an article written by Miami Beach author and journalist Charlotte Libov and that article
having received the most votes in the subsequent global online balloting campaign.
Congratulations to Sabrina as they proclaim today “Sabrina Cohen Day” in the City of Miami
Beach.
Commissioner Góngora added that Sabrina has been an inspiration for so many throughout the
year, but this competition in becoming adversity, became a Facebook campaign to read about her
fantastic story and congratulated her.
Sabrina Cohen thanked Mayor Bower and the Commission for their ongoing support; she is
humble and thankful. As a resident she is proud to represent the field of stem cell research and
the work she does with her foundation. This award that Charlotte nominated her for is a sample of
support of this research.
Mayor Bower thanked Sabrina and Charlotte for making this happen.
A video was shown.
Lyle Stern added that with Sabrina’s assistance, his 11 year old son and teacher put together a
program that mirror what the City Commission did last year with Ability Explosion, and David
New, Sabrina and Jack Barnes spoke to the 5th graders about life with challenges and how
disability can also be abilities. The children simulated some of those challenges and the
documentation and their experiences was an educational motivation for all. He thanked the City
Commission for their participation with Ability Explosion and this powerful program.
Handouts or Reference Materials:
1 . Article in The Miami Herald, February 7, 2012 STEM CELL RESEARCH – Beach Fundraiser places in
America Inspired by Robbie Levin re: Sabrina Cohen.
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10:22:08 a.m.
New Item
PA16 Certificates of Recognition /Alberto Tarud-Saieh, Sr. Placement Program.
(Requested by Commissioner Wolfson)
ACTION: Certificates presented.
Mayor Bower introduced the item and explained the Senior Program.
Raymond Adrian, from UNIDAD, introduced Alberto Tarud-Saieh and explained that he came to
their program about two years ago, he travelled from Cutler Ridge to Miami Beach and was
trained with Customer Service workshop in a state government agency. He was then given a job
as Property Inspector. Mr. Tarud-Saieh was selected during Hispanic Heritage Month by a
nationwide reporter who wrote an article on his story which was published nationwide.
Victor Diaz Jr., added that the Senior Program, funded by the State allows them to place seniors
in training positions paid by the State with the goal of being hired by private sector; over the years
they have placed over 2,000 seniors from this community and there are over 100 slots currently
enrolled. He added that Mayor Bower founded this organization and is doing great throughout the
years. He recognized Commissioner Libbin’s involvement in North Beach in the opening of its
Senior Center, which will be inaugurated this year.
Alberto Tarud-Saierh thanked Mayor Bower and the City Commission for their support.
Commissioner Libbin thanked Alberto and Mr. Diaz for his leadership in UNIDAD.
CONSENT AGENDA
ACTION: Motion made by Commissioner Libbin to approve the Consent Agenda; seconded by
Commissioner Góngora; Voice-vote: 6-0; Absent: Commissioner Wolfson.
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C2 - Competitive Bid Reports
C2A Request For Approval To Issue A Request For Proposals (RFP) For The Removal And Disposal
Of Derelict Vessels.
(Public Works/Procurement)
ACTION: Request authorized. Gus Lopez to issue the RFP. Fred Beckmann to handle.
C2B Request For Approval To Issue A Request For Proposals (RFP) For Disaster Recovery Services.
(Public Works/Procurement)
ACTION: Request authorized. Gus Lopez to issue the RFP. Fred Beckmann to handle.
C2C Request For Approval To Issue A Request For Proposals (RFP) For Emergency Disaster Debris
Monitoring Services.
(Public Works/Internal Audit/Procurement)
ACTION: Request authorized. Gus Lopez to issue the RFP. Fred Beckmann to handle.
C2D Request For Approval To Issue A Request For Proposals (RFP) For The Installation And
Operation Of Citywide Automated Teller Machines (ATM) At Various City-Owned Properties And
Facilities.
(Real Estate, Housing & Community Development)
ACTION: Item deferred.
C2E Request For Approval To Award A Contract To Mity-Lite Inc., Pursuant To Invitation To Bid (ITB)
No. 11-11/12, For Purchase And Delivery Of Magnetic Portable Dance Floors, In The Total
Amount Of $75,373.15.
(Tourism & Cultural Development/Procurement)
ACTION: Request authorized. Max Sklar to handle.
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C4 - Commission Committee Assignments
C4A Referral To The Capital Improvement Projects Oversight Committee - Discussion Regarding The
Status Of The Contract For The Capital Improvement Project In The Biscayne Point
Neighborhood.
(Requested by Vice-Mayor Deede Weithorn)
ACTION: Referred. Fernando Vazquez to place on the committee agenda and to handle.
C4B Referral To Neighborhoods/Community Affairs Committee - Discussion Regarding The Use Of
Plastic Straws On The Beach.
(Requested by Commissioner Jorge R. Exposito)
ACTION: Referred. Barbara Hawayek to place on the committee agenda. Hilda Fernandez and
the City Attorney’s Office to handle.
C4C Referral To The Finance And Citywide Projects Committee - Discussion Of The Current
Management And Operations Of The City’s Miami Beach Golf Courses, Clubhouses And Related
Facilities And Options/Direction For The Future Management Agreement.
(Parks & Recreation)
ACTION: Referred. Patricia Walker to place on the committee agenda. Kevin Smith to handle.
C4D Referral To The Finance And Citywide Projects Committee - Discussion Regarding Consideration
Of A Letter Agreement Between The City Of Miami Beach And Art Basel Miami Beach Outlining
Terms And Conditions For Use Of Public Property By Art Basel Miami Beach.
(Tourism & Cultural Development)
ACTION: Referred. Patricia Walker to place on the committee agenda. Max Sklar to handle.
C4E Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding Amending
The City Code To Provide For Alternative Enforcement Means And Establish A Fixed Fine
Schedule For Certain Provisions.
(Building Department)
ACTION: Referred. Barbara Hawayek to place on the committee agenda. Stephen Scott to
handle.
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C4F Referral To The Finance And Citywide Projects Committee Regarding A Status Report And
Update On Recent Building Department Accomplishments And Activities, Including A Status
Report On Implementation Of Recommendations In The Watson Rice Study, The Development
Review Process Stakeholder Committee, And Other Recent Initiatives And Changes Undertaken
By The Building Department.
(Building Department)
ACTION: Referred. Patricia Walker to place on the committee agenda. Stephen Scott to
handle.
City Clerk’s note: See LTC 028-2012
C4G Referral To Planning Board - De-Intensification Of The I-1 Light Industrial District.
(Requested by Land Use & Development Committee)
(Legislative Tracking: Planning Department)
ACTION: Referred. Richard Lorber to place on the committee agenda and to handle.
City Clerk’s note: See Agenda item C6C (2)
C4H Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding A Draft
Ordinance That Regulates Private Parking Lots Or Facilities With Automated Pay Machines.
(Requested by Commissioner Jerry Libbin)
ACTION: Referred. Barbara Hawayek to place on the committee agenda. Saul Frances and
City’s Attorney’s Office to handle.
C4I Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding Landscape
Encroachments In Single Family Home Neighborhoods.
(Requested by Commissioner Edward L. Tobin)
ACTION: Referred. Barbara Hawayek to place on the committee agenda. Fred Beckmann and
City Attorney’s Office to handle.
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C6 - Commission Committee Reports
C6A Report Of The Neighborhood/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.
(Deferred from January 11, 2012)
ACTION:
Item No. 1: Discussion Of Potential Policies For The Nomination/Number Of Memorials Or
Commemorative Plaques.
ACTION: The Committee (Commissioners Libbin, Weithorn, and Góngora present)
recommended the following to the Commission:
With a vote of two to one, with Commissioner Gongora dissenting:
• Limit Commissioners and the Mayor to one (1) monument/memorial recommendation per
term of elected office.
• In the event the request comes from a third party, then the cost and maintenance is the
requestor’s responsibility.
• Add language to allow for the financial responsibility of the third-party requestor to be
waived with a 6/7 vote of the City Commission.
With a unanimous vote:
• Include recommended wording that the individual be in good standing and if
convicted/adjudicated of a felony, their name shall be removed.
• Administration to add whatever language is necessary for administrative cleanup.
• Streamline the process for handling monuments/memorials as recommended.
o Recommendations for monuments or memorials are referred by the sponsoring
commissioner to the appropriate Commission committee.
o If the committee approves (with the required majority) the placement of a memorial
plaque, that recommendation is forwarded to the full City Commission to set a
public hearing.
o If the committee approves a monument or a memorial that is not a plaque (e.g. a
site, bust, sculpture, structure, art work), the recommendation is forwarded to the
Art in Public Places Committee (AiPP) for their review and recommendation as to
location, aesthetic quality, maintenance, and other related issues (in accordance
with their criteria); the AiPP recommendation is subsequently forwarded to the full
City Commission to set a public hearing.
o At the close of the public hearing, the City Commission may approve (or
disapprove of) the establishment of the monument or memorial, subject to
consistency with the criteria established in the Code.
• Monuments/memorials must comply with all established City Policies, procedures,
standards and guidelines.
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City Clerk’s note: Kevin Smith to handle.
Item No. 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.
ACTION: The Committee (Commissioners Libbin, Weithorn, and Góngora present) unanimously
recommended the Administration be directed to:
• Extend the South Pointe Dog Off-leash Pilot Program for a six (6) month period in its
current location, with an extension of one hour in both the morning and the evening
sessions;
• Prepare a site plan of the South Pointe off-leash area in its present location, which is
approximately 18,000 SF in the green space just to the east of the Washington Avenue
Plaza, bordered by the Cut Walk to the south and the sidewalk to the north, with a cost
estimate to install a hedge of the appropriate species and height, to enclose the area;
• Take the steps necessary to have the site plan presented to the DRB for review and
approval;
• Return to the Neighborhoods/Community Affairs Committee for final review and action;
• Based on the direction of the Neighborhoods/Community Affairs Committee prepare the
appropriate commission action to implement the directions; and
• Return to the Neighborhoods/Community Affairs Committee in five (5) months (if need be)
to extend the existing program again, if the final version and plan is not completed.
City Clerk’s note: Kevin Smith to handle. See LTC 027-2012
Item No. 3: Discussion Regarding Neighborhood Park/Street-Ends Bus Bench Issue.
ACTION: The Committee (Commissioners Libbin, Weithorn, and Góngora present) unanimously
moved to recommend removing benches at street-ends from inclusion in Basis of Design Reports
(BODR) unless there is greater general community consensus.
City Clerk’s note: Fernando Vasquez to handle.
Item No. 4: Discussion On The Viability Of Storing City Directed Towed Vehicles On
Terminal Island.
ACTION: The Committee (Commissioners Libbin, Weithorn, and Góngora present) unanimously
recommended tabling the discussion of this item until it is specifically requested again.
Item No. 5: Discussion Regarding An Ordinance Which Prohibits Docking On City Owned
Property, Specifically Seawalls.
ACTION: The Committee (Commissioners Libbin, Weithorn, and Góngora present) unanimously
moved to recommend the proposed ordinance to the City Commission.
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City Clerk’s note: See Agenda item R5A
Item No. 6: Discussion To Consider Leaving The Altos Del Mar Location As Passive
Greenspace.
ACTION: No discussion was held. Commissioner Libbin advised that since nothing is happening
with the Altos del Mar location at this time, the Committee will not discuss the subject at this time.
It will be dealt with if and when anything comes up.
Item No. 7: Discussion Regarding A Proposal For A Donation Of Art Pieces To Be
Displayed On Lincoln Road.
ACTION: The Committee (Commissioners Libbin, Weithorn, and Góngora present) unanimously
moved to recommend a referral for discussion to the Art in Public Places committee as to what
can be done with a Call to Artists for Lincoln Road and bring back as soon as possible to the
Neighborhoods/Community Affairs Committee.
City Clerk’s note: Max Sklar to handle
Item No. 8: Discussion Regarding The Ongoing Store Front Damages And Graffiti Issues
On Washington Avenue.
ACTION: The Committee recommended that the Administration schedule a public workshop
regarding improvements to Washington Avenue and for the Police Department to provide a
quarterly report on Washington Avenue to be included in their current quarterly crime report to the
Neighborhoods/Community Affairs Committee.
City Clerk’s note: Fred Beckmann, Robert Santos-Alborna and Assistant Police Chief Ray
Martinez to handle.
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C6B Report Of The Joint Meeting Of The Neighborhood/Community Affairs Committee And The
Finance And Citywide Project Committee On January 19, 2012: 1) Follow-Up Discussion
Regarding Memorial Day Weekend And Planning For Next Year. 2) Discussion Regarding A
Review Of The City’s Special Event Permit Policy, Which Does Not Allow For Any New Events
During Spring Break And Ultra Music Festival.
ACTION:
Item No. 1: Follow-Up Discussion Regarding Memorial Day Weekend And Planning For
Next Year.
The Committee moved to direct the City Attorney’s Office to work with staff to begin working on a
first draft of ordinances to address the requested actions including:
1) Amendment to the City Code sections regarding Solicitation/Peddling to permit for
alternative enforcement and penalties including the ability to confiscate if necessary,
2) Amendment to the City Code to require that Segways made available for rental in the City
be set to the lowest speed setting (year-round),
3) Amendment to the City Code to prohibit commercial handbill distribution in certain areas
during high impact periods,
4) Amendment to the City Code to prohibit exotic animals in certain areas during high impact
periods to address public safety, health and welfare concerns, and
5) Amendment to the Promoter Ordinance to establish a new bond structure, including
higher bonds for high impact periods and for out of state promoters year-round, as well as a fine
and penalty schedule.
City Clerk’s note: Hilda Fernandez and City Attorney’s Office to handle.
Item No. 2: Discussion Regarding A Review Of The City’s Special Event Permit Policy,
Which Does Not Allow For Any New Events During Spring Break And Ultra Music Festival.
The discussion was deferred to the January 30, 2012 meeting of the Neighborhoods/ Community
Affairs Committee.
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C6C Report Of The Land Use And Development Committee Meeting On January 18, 2012: 1A)
Discussion Of Jurisdiction Of Land Use Boards Over Appeals. 1B) Discussion Of Procedures For
Obtaining Informal Opinions And Formal Administrative Determinations From The Planning
Director. 2) Discussion On The De-Intensification Of The I-1 Light Industrial District. 3)
Discussion Of The Miami Beach Current City Code Chapter 6-4 (3) Relating To Alcoholic
Beverage Sales That Requires A 300 Foot Distance Between Liquor Stores And Ask That The
City Look Into Adopting The County Requirement Of 1500 Feet. 4) Use Of Legal Nonconforming
Commercial Building In Single-Family Districts. 5) Discussion Regarding The Stay In Approving
Any Sidewalk Café Permits On The Drexel Avenue And 16th Street Sidewalks In Front Of The
Retail Spaces Of The Lincoln East Garage, Located At 420 Lincoln Road.
ACTION:
Item No. 1A: Discussion Of Jurisdiction Of Land Use Boards Over Appeals.
AFTER-ACTION: DEFERRED
Item No. 1B: Discussion Of Procedures For Obtaining Informal Opinions And Formal
Administrative Determinations From The Planning Director.
AFTER-ACTION: DEFERRED
Item No. 2: Discussion On The De-Intensification Of The I-1 Light Industrial District.
Motion: Góngora/Wolfson – 3-0. Forward ordinance to Planning Board for review with the
following criteria:
• Within Sunset Harbour neighborhood, eliminate parking requirements for restaurants of
100 seats or less, and up to 3,500 s.f., and for retail stores up to 3,500 s.f.
• Requirement for Conditional Use for alcoholic beverage establishments greater than 100
restaurant seats or 125 person patron occupancy content.
• Requirement for Conditional Use for main use parking garages in I-1 district.
• Consideration of permitting the satisfaction of required parking through the payment of a
fee in-lieu of parking for developments of <10,000 sq. ft. of new construction.
• Also bring back to the LUDC an ordinance addressing the issues associated with parking
garages and mechanical parking systems.
City Clerk’s note: See Agenda item C4G
Item No. 3: Discussion Of The Miami Beach Current City Code Chapter 6-4 (3) Relating To
Alcoholic Beverage Sales That Requires A 300 Foot Distance Between Liquor Stores And
Ask That The City Look Into Adopting The County Requirement Of 1500 Feet.
AFTER-ACTION: DEFERRED
Item No. 4: Use Of Legal Nonconforming Commercial Building In Single-Family Districts.
AFTER-ACTION: DEFERRED
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Item No. 5: Discussion Regarding The Stay In Approving Any Sidewalk Café Permits On
The Drexel Avenue And 16th Street Sidewalks In Front Of The Retail Spaces Of The
Lincoln East Garage, Located At 420 Lincoln Road.
MOTION: Expósito/Góngora. Vote: 2-0 (Wolfson absent). Have the parties (420 Lincoln Road
and Mr. Shedroff) meet together before the February 8, 2012 Commission meeting, and if a
consensus cannot be reached, bring back to LUDC.
City Clerk’s note: Fred Beckmann to handle
C6D Report Of The Finance And Citywide Projects Committee Meeting On December 27, 2011: 1)
Discussion Regarding The Miss USA Pageant. 2) Discussion Regarding Towing Permits.
ACTION:
Item No. 1: Discussion Regarding The Miss USA Pageant.
ACTION: Chairperson Weithorn suggested that administration continue to work with Miss USA to
negotiate an agreement between the City and its partners, not to exceed $250,000. If successful,
the agreement would be brought to the City Commission for approval.
City Clerk’s note: Max Sklar to handle.
Item No. 2: Discussion Regarding Towing Permits.
ACTION: City Attorney, Jose Smith, is to send a copy of the Notice to Dismiss to Commissioner
Michael Góngora.
The Committee requested that Staff do a sensitivity analysis using other rates for the increase of
the towing rate, send a copy of the provisions for auditing the towing permitees to the full
Commission, that an additional public benefit be proposed, that Staff verify the Rate Analysis that
was included in the memo, and that the towing permittees present cities that they feel are
comparable for comparison. The Committee also referred the discussion regarding Terminal
Island to the full Commission and asked that the neighborhoods that are affected be notified so
that they may have the right to respond.
City Clerk’s note: See R7E.
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C7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit Grant
Applications To: 1) Miami-Dade County EMS For Funding In The Approximate Amount Of
$20,000 For Fire Department Emergency Medical Service (EMS) Needs; 2) Florida Department
Of Environmental Protection Coastal Partnership Initiative For Funding In The Approximate
Amount Of $50,000 For Dune Restoration; 3) Florida Junior Golf Council In The Approximate
Amount Of $10,000 For The Normandy Shores Youth Golf Clinic; 4) Emergency Food And
Shelter Program (EFSP) For Funding In The Approximate Amount Of $40,000 For Emergency
Assistance; 5) Florida Office Of The Attorney General For Victims Of Crime Act (VOCA) Funding
In The Approximate Amount Of $59,000 For The City’s Domestic Violence Program;
Appropriating The Above Grants, Matching Funds And City Expenses Related To The Above
Projects As Necessary, If Approved And Accepted By The City, And Authorizing The Execution
Of All Documents Related To These Applications.
(Budget & Performance Improvement)
ACTION: Resolution 2012-27829 adopted. Patricia Walker to appropriate the funds if
approved and accepted. Judy Hoanshelt to handle.
C7B A Resolution In Support Of Adequate Homeland Security Funding And Tier I Department Of
Homeland Security (DHS) Designation For The Miami-Fort Lauderdale Urban Area Security
Initiative (UASI).
(Budget & Performance Improvement)
ACTION: Resolution No. 2012-27830 adopted. Kathie Brooks to handle.
SUPPLEMENTAL: Memorandum & Resolution
C7C A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Firms, Pursuant To Request For Qualifications (RFQ) No. 18-11/12, For A Construction
Manager At Risk Firm To Provide Pre-Construction Services And Construction Phase Services
Via A Guaranteed Maximum Price (GMP) Amendment For The South Pointe Park Pier Project;
Authorizing The Administration To Enter Into Negotiations With The Top-Ranked Proposer, The
Weitz Company; And Should The Administration Not Be Successful In Negotiating An Agreement
With The Top-Ranked Proposer, Authorizing Negotiations With The Second-Ranked Proposer,
TGSV Enterprises, Inc.; And Should The Administration Not Be Successful In Negotiating An
Agreement With The Second-Ranked Proposer, Authorizing Negotiations With The Third-Ranked
Proposer, H. A. Contracting Corporation, And Further Authorizing The Mayor And City Clerk To
Execute An Agreement For Pre-Construction Services.
(Capital Improvement Projects/Procurement)
(Memorandum & Resolution to be Submitted in Supplemental)
ACTION: Resolution No. 2012-27831 adopted. Fernando Vazquez to handle.
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SUPPLEMENTAL: Resolution
C7D A Resolution Authorizing The Execution Of An Agreement With Corzo Castella Carballo
Thompson Salman, Pa (C3TS) In The Negotiated Lump Sum Amount Of $308,152 For Basic
Services; And A Not To Exceed Amount Of $194,930 For Other Direct Services; And An
Additional Not To Exceed Amount Of $20,000 For Approved Reimbursables For A Total Fee Of
$523,082, For A Design Criteria Professional To Prepare The Design Criteria Package For The
Palm And Hibiscus Neighborhood Right-Of-Way Improvement Project, Which Is Intended To Be
A Design-Build Contract; And To Serve As The City’s Representative During The Selection Of
The Design-Build Firm For The Project, Concerning The Evaluation Of The Responses Submitted
By The Design-Build Firms; Review And Approve For Compliance Of The Detailed Working
Drawings For The Project; And For Evaluation Of The Compliance Of The Project Construction,
Pursuant To The Request For Qualification (RFQ) No. 35-10/11, With Previously Appropriated
Funding From Storm Water Fund No. 431, Water & Sewer GBL Series Fund No. 420, Go Bond
Fund No. 376, Neighborhood Go Bond Fund No 384, Pay As You Go Fund No. 302 And Savings
From The Nautilus Row Improvement Project Fund Nos. 423 And 424.
(Capital Improvement Projects/Procurement)
ACTION: Resolution No. 2012-27832 adopted. Fernando Vazquez to handle.
C7E A Resolution Approving An Increase To The Project Contingency, For The Right-Of-Way
Infrastructure Improvement Program - Neighborhood No. 13A - Star Island, In The Amount Of
$82,995; From Previously Appropriated Funding In The Amount Of $62,107, From Fund 420 -
Water And Sewer For Unforeseen Utility Conflicts, And $20,888 From Fund 384 – 2003 GO
Bonds - Neighborhood Improvements For Additional Electrical Scope.
(Capital Improvement Projects/Procurement)
ACTION: Resolution No. 2012-27833 adopted. Fernando Vazquez to handle.
C7F A Resolution Approving And Authorizing The Mayor And The City Clerk To Execute Amendment
No. 12, To The Existing Professional Services Agreement Between The City Of Miami Beach And
Chen Moore & Associates, Inc. (CMA), Dated September 8, 2004, For The City Center Right-Of-
Way Neighborhood Improvement Project Bid Packages 9A And 9B; In The Negotiated Not-To-
Exceed Amount Of $150,155, Plus An Additional Amount Of $2,000 For Approved Reimbursable
Expenses; To Provide Extended Construction Administration And Resident Project
Representation During Construction Of The Project; With Previously Appropriated Funding From
The City Center RDA Fund 365.
(Capital Improvement Projects/Procurement)
ACTION: Resolution No. 2012-27834 adopted. Fernando Vazquez to handle.
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C7G Re-Appointment Of Chief Special Master
1. A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Section
30-36 Of The Code Of The City Of Miami Beach, Concerning The Re-Appointment Of
Abraham Laeser, Esquire, To Serve As Chief Special Master, For A Term Commencing
On March 15, 2012, And Ending On September 14, 2012; Provided Further That Chief
Special Master Laeser Shall Be Authorized To Hold Hearings And Impose Fines, Liens
And Other Non-Criminal Penalties Against Violators Of The City And County Codes And
Ordinances, And Shall Also Be Authorized To Appoint Such Other Special Masters As
May Reasonably Be Required To Conduct The Subject Hearings; And Further
Incorporating All Other Matters Set Forth Within Chapter 30 Of The City Code, Including,
Without Limitation, Sections 30-37 And 30-38 Thereof, Concerning The Compensation
And Duties Of The Chief Special Master.
ACTION: Resolution No. 2012-27835 adopted. Robert Parcher to handle.
2. A Resolution Approving And Re-Appointing, Pursuant To Section 102-356 Of The City
Code, Abraham Laeser Esquire, (Chief Special Master Re-Appointed Pursuant To
Resolution No. ____________, As The City Manager’s “Designee” Under Section 102-356
Of The City Code; Said Designation Commencing With Mr. Laeser’s Term As Chief
Special Master On March 15, 2012, And Ending On September 14, 2012.
(City Clerk’s Office)
ACTION: Resolution No. 2012-27836 adopted. Robert Parcher to handle.
C7H A Resolution Electing Commissioner Jerry Libbin, Group I, As Vice-Mayor For A Term
Commencing On March 1, 2012, And Terminating On June 30, 2012, Or On Such Date When A
New Vice-Mayor Is Thereafter Elected.
(City Clerk’s Office)
ACTION: Resolution No. 2012-27837 adopted. Robert Parcher to handle.
C7I A Resolution Approving A Preconstruction Application For Historic Ad Valorem Tax Exemption
For A Single-Family Property At 5240 North Bay Road, And Authorizing The Miami-Dade County
Property Appraiser’s Office To Grant This Tax Exemption For The City’s Portion Of Ad Valorem
Property Taxes For Qualifying Improvements To The Subject Property Following Substantial
Completion Of The Project And Compliance With Certain Conditions.
(Planning Department)
ACTION: Resolution No. 2012-27838 adopted. Richard Lorber to handle.
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11:18:17 a.m.
C7J A Resolution Adopting And Appropriating The Second Amendment To The Police Confiscation
Trust Fund Budget For Fiscal Year 2011/2012 In The Amount Of $402,633, To Be Funded From
State Confiscated Funds In The Amount Of $261,700 And Federal-Justice Confiscated Funds In
The Amount Of $140,933, For The Appropriation And Expenditure Of Those Items Set Forth In
Exhibit “A.”
(Police Department)
ACTION: Item separated for discussion by Commissioner Libbin. Resolution No. 2012-
27839 adopted. Motion made by Commissioner Libbin; seconded by Commissioner Exposito;
Voice vote: 6-0; Absent: Commissioner Wolfson. Patricia Walker to appropriate the funds.
Assistant Chief Martinez to handle.
Commissioner Libbin requested that when money is being spent out of the Confiscated Fund, he
would like to see a comprehensive list of all the items the Police will be requesting versus making
the request in pieces, when the budget is prepared. Assistant Police Chief Martinez and
Kathie Brooks to handle.
11:17:52 a.m.
SUPPLEMENTAL: Memorandum & Resolution
C7K A Resolution Authorizing The Mayor And The City Clerk To Execute A Letter Of Agreement
Between The City Of Miami Beach And Florida Power And Light (FPL), Where FPL Commits To
Complete Renewable Energy, Energy Efficiency And Energy Sustainability Projects.
(Public Works)
(Memorandum and Resolution to be Submitted in Supplemental)
ACTION: Item separated by Commissioner Góngora. Resolution No. 2012-27840 adopted.
Motion made by Commissioner Libbin; seconded by Commissioner Exposito; Voice vote: 5-0;
Absent: Commissioner Wolfson; Abstained: Commissioner Góngora. Fred Beckmann to handle.
Commissioner Góngora announced his recusal.
City Clerk’s note: See Agenda Item R5
Handout or Reference Materials
1. Form 8B #93 “Memorandum of Voting Conflict” filed by Commissioner Góngora
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SUPPLEMENTAL: Resolution
C7L A Resolution Approving A One-Time Only Subordination Of That Certain Mortgage And Security
Agreement, In The Amount Of $2,864,642, Dated July 5, 2011, Given By MBCDC: Meridian
Place, LLC, A Florida Limited Liability Corporation, As Mortgagor, To The City Of Miami Beach,
As Mortgagee, In Favor Of A Commercial Lender, To Be Determined By MBCDC, For An Amount
Not To Exceed $980,000; And Further Authorizing The City Manager To Execute All Applicable
Documentation.
(Real Estate, Housing & Community Development)
ACTION: Resolution No. 2012-27841 adopted. Anna Parekh to handle.
ADDENDUM:
C7M A Resolution Taking The Following Actions With Respect To The Ongoing Process For The
Proposed Creation Of The Sunset Island Nos. 3 And 4 Special Assessment District For
Undergrounding Utilities: 1) Approving And Allowing The Sunset Islands 3 And 4 HOA To
Conduct The Election Required By The City, Prior To The City Commission’s Approval Of The
First Resolution Establishing The Proposed Special Assessment District, Which Election Will Be
A Mail Ballot Election, Conducted By The City Clerk And City Attorney’s Office, And Which Is
Estimated To Be Held Sometime In April 2012; And 2) Further Approving The Attached “Sunset
Islands 3 And 4 Special Assessment District For Undergrounding Utilities Mail Ballot Election
Procedures”, Which Not Only Sets Forth The Process And Procedures For The Aforestated Mail
Ballot Election, But Which Will Also Serve As The Template For Future Mail Ballot Elections In
The Event Of Subsequent Requests By Other HOA’s And/Or City Neighborhoods To Proceed
With The Creation Of Special Assessment Districts For Underground Utilities In Their Areas.
(City Clerk’s Office/City Attorney’s Office)
ACTION: Resolution No. 2012-27842 adopted. Legal Department to handle.
ADDENDUM 1:
C7N A Resolution Authorizing The Execution Of An Agreement With Corzo Castella Carballo
Thompson Salman, PA (C3TS) In The Negotiated Lump Sum Amount Of $185,345 For Basic
Services; And An Additional Not To Exceed Amount Of $85,316 For Other Direct Services; And A
Not To Exceed Amount Of $15,000 For Approved Reimbursables, For A Total Fee Of $285,661;
For A Design Criteria Professional To Prepare The Design Criteria Package For The Sunset
Islands 3 & 4 Neighborhood Right-Of-Way Improvement Project, Which Is Intended To Be A
Design Build Contract; And To Serve As The City’s Representative During The Selection Of The
Design Build Firm For The Project, Concerning The Evaluation Of The Responses Submitted By
The Design Build Firms; Review And Approve For Compliance Of The Detailed Working
Drawings For The Project; And To Evaluate The Compliance Of The Project Construction With
The Design Criteria Package; Pursuant To Request For Qualifications (RFQ) 04-11/12; With
Previously Appropriated Funding From Stormwater Fund 431, Water Fund 420, And Additionally
Appropriating Funding In The Amount Of $70,567 As An Advance From General Fund Operating
Contingency, With Reimbursement To Be Identified As Part Of The Annual Capital Budget
Process.
(Capital Improvement Projects)
ACTION: Resolution No. 2012-27849 adopted. Fernando Vasquez to handle.
End of Consent Agenda
Afteraction February 8, 2012 City of Miami Beach
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REGULAR AGENDA
R2 - Competitive Bid Reports
7:05:33 p.m.
R2A Request For Approval To Purchase Budgeted Replacement And Vehicle Additions And
Equipment Pursuant To Florida State Contract No. 11-19-0907, In The Amount Of $3,477.980.00.
(Fleet Management)
ACTION: Request authorized. Motion made by Commissioner Tobin; seconded by
Commissioner Exposito; Voice vote: 4-1; Opposed: Commissioner Góngora; Absent: Mayor
Bower and Commissioner Libbin. Drew Terpak to handle.
7:08:33 p.m.
R2B Request For Approval To Purchase Budgeted Replacement And Vehicle Additions And
Equipment Pursuant To Florida State Contract No. 11-10-1202, Florida State Contract No. 11-19-
0907 And GSA Contract No. GS-07F-0011J, In The Amount Of $967,819.91.
(Fleet Management)
ACTION: Request authorized. Motion made by Commissioner Tobin; seconded by
Commissioner Exposito; Voice vote: 4-1; Opposed: Commissioner Góngora; Absent: Mayor
Bower and Commissioner Libbin. Drew Terpak to handle.
R5 - Ordinances
11:22:34 a.m.
R5A 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. 10:20 a.m. Second Reading Public Hearing
(Requested by Vice-Mayor Deede Weithorn)
(Legislative Tracking: City Attorney’s Office)
(First Reading on January 11, 2012)
ACTION: Public Hearing held. Ordinance No. 2012-3751 adopted as amended with a
referral to the Neighborhood/Community Affairs Committee. Motion made by Vice-Mayor
Weithorn to approve the ordinance and refer to Neighborhood/Community Affairs Committee to
expand the ordinance to make it more comprehensive by including residential areas not in single
family areas; seconded by Commissioner Góngora; Ballot vote: 5-1; Opposed: Commissioner
Tobin; Absent: Commissioner Wolfson. Robert Santos-Alborna to handle. Barbara Hawayek to
place on the committee agenda. Gary Held to handle.
Amendments
All on page 273:
1. In subsection (2)(a)(3): Add a “Third offense,” which along with the Fourth offense will have a
fine of $500.
2. In subsection (2)(b), line 1, change “code enforcement department” to “code compliance
division.”
3. In subsection (2)(b), line 4, change “such Officer” to “an enforcing Officer.”
4. In subsection (2)(c)(4), line 5, insert “real or” in front of “personal property.”
End
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Gary Held, First Assistant City Attorney, explained the ordinance and explained the proposed
amendments.
Vice-Mayor Weithorn explained the reason for the ordinance and stated that she has also
received requests from residential neighborhoods that are not single family; that they also want to
be included. She stated that after this ordinance is in place for a while, to look at the residential
but not single family areas to be afforded them the same rights and privileges.
Mayor Bower asked why the ordinance is not addressing the issue for all residential areas.
Discussion held.
Commissioner Tobin explained why he will be voting “no” on this item. He stated that people who
live next to a public access to the bay don’t like the fact that people can walk on the side of their
homes. He believes people are not being treated equally.
Discussion continued.
Commissioner Libbin asked about deleting the section allowing people to embark and disembark.
Jose Smith, City Attorney, stated that if the embarking and disembarking is deleted, there is
basically no ordinance.
Discussion continued.
Motion made by Vice-Mayor Weithorn to approve the ordinance and refer to
Neighborhood/Community Affairs Committee to expand the ordinance to make it more
comprehensive by including residential areas not in single family areas; seconded by
Commissioner Góngora; Ballot vote: 5-1; Opposed: Commissioner Tobin; Absent: Commissioner
Wolfson.
Handouts and Reference Materials:
1. Ad in The Miami Herald – Ad # 690
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11:38:35 a.m.
R5B 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. 10:25 a.m. Second
Reading Public Hearing
(Requested by the Land Use & Development Committee)
(Legislative Tracking: Planning Department)
(First Reading on January 11, 2012)
ACTION: Public Hearing held. Ordinance No. 2012-3752 adopted. Motion made by
Commissioner Góngora; seconded by Vice-Mayor Weithorn; Ballot vote: 6-0; Absent:
Commissioner Wolfson. Richard Lorber to handle.
Adam Shedroff spoke.
Richard Lorber, Acting Planning Director, addressed Mr. Shedroff’s question.
Vice-Ma yor Weithorn stated that she wants the record to be clear, and explained that this is only
for closed streets, and no precedence is being set.
Jorge Gonzalez, City Manager, clarified that this is for closed streets or when the street is closed.
Handouts and Reference Materials:
1. Ad in The Miami Herald – Ad # 690
New Item:
11:40:20 a.m.
Mayor Bower informed that she received a call from a constituent on Purdy Avenue that the meters in
front of the South Beach Animal Hospital have been changed to motorcycle parking. They need space
for their clients who don’t bring pets on motorcycles. Saul Frances to look into and handle.
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11:42:03 a.m.
7:37:00 p.m.
R5C Continuances By Land Use Boards
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 And
Newspaper After The First Continuance Granted By A Land Use Board; Providing For Repealer;
Codification; Severability And An Effective Date. 10:30 a.m. Second Reading Public Hearing
(Requested by Commissioner Jonah W olfson)
(Legislative Tracking: Planning Department)
(First Reading on January 11, 2012)
ACTION: Public Hearing Open and Continued to March 21, 2012 at 10:30 a.m. Final motion
made by Commissioner Wolfson to open and continue the public hearing to March 21st at 10:30
a.m., seconded by Commissioner Góngora; Voice vote: 5-0; Absent: Mayor Bower and
Commissioner Libbin. Lilia Cardillo to place on the Commission Agenda. Richard Lorber to
handle.
Gabrielle Redfern spoke.
Handouts and Reference Materials:
1. Ad in The Miami Herald – Ad # 690
7:00:02 p.m.
R5D 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)
(Continued from January 11, 2012)
ACTION: Public Hearing held. Ordinance No. 2012-3753 adopted. Motion made by
Commissioner Wolfson to approve the ordinance; seconded by Commissioner Tobin; Ballot vote:
6-0; Absent: Commissioner Libbin. Richard Lorber to handle.
Gerald Posner spoke.
Afteraction February 8, 2012 City of Miami Beach
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R5E 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)
(Continued from January 11, 2012)
ACTION: Public Hearing held. Ordinance No. 2012-3754 adopted as amended. Motion
made by Commissioner Libbin to approve the ordinance; seconded by Commissioner Tobin;
Ballot vote: 4-0; Absent: Vice-Mayor Weithorn and Commissioner Wolfson, Abstained:
Commissioner Góngora. Fred Beckmann to handle.
Amendment:
Section 22 of the Franchise Agreement: January 20, 2012 changed to February 21, 2012.
End
Commissioner Góngora announced his recusal.
Barry White, Vice-President, Citizens Allied For Safe Energy, Inc., spoke.
Raul Aguila, Chief Deputy City Attorney, stated for the record, that the franchise ordinance that
was approved on first reading is the same one before the Commission today. With respect to
items the City Commission asked to follow-up on, following first reading: 1) meetings were held
between FPL and the Administration to negotiate additional renewable incentives (which were
also approved today, via approval of a letter of agreement, on the Consent Agenda); 2) the City
Attorney’s Office received confirmation from FPL, in writing, that the City is allowed, under the
new franchise, without penalty, to power its own facilities (including its garages with retail
components) with renewable energy; and 3) with regard to Sunset Islands III and IV, and their
ongoing undergrounding project, FPL and the HOA had met with the City Administration.
There were two items on the Consent Agenda with regard to the undergrounding project [C7M
and C7N].
Mr. Aguila read a correction in Section 22 of the Agreement into the record.
Commissioner Tobin thanked Raul Aguila for his work on the Franchise Agreement. He knows
how hard he worked on this project doing both the legal and administrative work.
Raul Aguila, Chief Deputy City Attorney, also recognized and thanked Mr. Schef Wright, a
Tallahassee-based energy attorney, who the City Attorney’s Office contracted to assist with the
negotiation of the new franchise, because he had negotiated a very strong agreement in Sarasota
County. He also acknowledged Public Works Director Fred Beckmann.
Commissioner Libbin recognized Vice-Mayor Weithorn’s work on this Agreement by helping to
shape and improve the new franchise agreement significantly.
Commissioner Exposito requested that Raul Aguila explain the “escape clause.”
Raul Aguila, Chief Deputy City Attorney, explained the “escape clause” in the Franchise
Agreement.
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Discussion held.
Raul Aguila, Chief Deputy City Attorney, at the request of Jose Smith, City Attorney, explained
that the City’s Franchise Agreement has a “most favored nation“ provision that no one else in the
State has. The County will be negotiating their franchise in the next couple of years, and if the
County negotiates any term(s) that are more favorable than what is in the City’s Franchise
Agreement, then the City can require FPL to include such term(s) in the City’s Franchise
Agreement.
Debbie Leibowitz spoke about the brand new sidewalks on Belle Isle and the FPL street lights
right in the middle of the sidewalk.
Aletha Player, FPL representative, stated that they are not FPL street lights.
Fred Beckmann, Public Works Director, stated they are County street lights.
Jorge Gonzalez, City Manager, stated that Raul Aguila did a phenomenal job on this Agreement,
and thanked his staff for a negotiating the strongest franchise agreement in the State.
City Clerk’s note: See Agenda Item C7K
Handout or Reference Materials
1. Form 8B #93 “Memorandum of Voting Conflict” filed by Commissioner Góngora
7:32:06 p.m.
R5F An Ordinance Amending Chapter 100 Of The Miami Beach City Code, By Creating Article II
Entitled, “Energy Economic Development Zone Pilot Program;” Creating Sections 100-21
Through 100-27 Thereof, Providing For Purpose, Definitions, Energy Economic Development
Zone Boundaries, Eligibility Criteria, Energy Efficiency Standards, And Program Guidelines And
Review To Allow Businesses In The City To Participate In The Florida Energy Economic
Development Zone Pilot Program, As Further Detailed In The Ordinance; Providing For
Severability; Codification, Repealer, And An Effective Date. First Reading
(Requested by the Sustainability Committee)
(Economic Development)
ACTION: Ordinance approved on first reading and referred to Land Use and Development
Committee between first and Second Reading. Motion made by Commissioner Góngora;
seconded by Commissioner Exposito; Ballot vote: 4-0; Absent: Mayor Bower and Commissioners
Libbin and Wolfson. Second Reading and Public Hearing scheduled for March 21, 2012. R.
Parcher to notice. Lilia Cardillo to place on the Commission Agenda. Richard Lorber to place on
the committee agenda. Kevin Crowder to handle.
Kevin Crowder, Economic Development, explained the item.
Afteraction February 8, 2012 City of Miami Beach
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R5G Short Term Rental Of Apartment Units Or Townhomes - Flamingo Park Neighborhood
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 142 Of The City Code, “Zoning Districts And Regulations,” Article
IV, “Supplementary District Regulations,” Division 3, “Supplementary Use Regulations,” By
Amending Section 142-1111, “Short Term Rental Of Apartment Units Or Townhomes,” To Allow
An Extension Of Time For Applications Due To Governmental Error; Providing For Repealer,
Severability, Codification, And An Effective Date. First Reading
(Requested by Commissioner Jorge R. Exposito)
(Legislative Tracking: Planning Department)
ACTION: Ordinance approved on first reading. Motion made by Commissioner Libbin;
seconded by Commissioner Exposito; Ballot vote: 7-0. Second Reading and Public Hearing
scheduled for March 21, 2012. R. Parcher to notice. Lilia Cardillo to place on the Commission
Agenda. Richard Lorber to handle.
Richard Lorber, Acting Planning Director, introduced the item.
Commissioner Góngora stated for the record that this will not “open-the-door” to anybody else.
Handout or Reference Materials
1) Legal Opinion - Effect of Amendment on Grandfathered Status of Short Term Rental Ordinance,
dated December 6, 2011
7:38:05 p.m.
R5H An Ordinance Amending Ordinance No. 789, The Classified Employees Salary Ordinance Of The
City Of Miami Beach, Florida, As Follows: Providing For The Classifications In Group I,
Represented By The American Federation Of State, County And Municipal Employees
(AFSCME) Local 1554; Group II, Represented By The Fraternal Order Of Police (FOP) William
Nichols Lodge No. 8; Group III, Represented By The International Association Of Firefighters
(IAFF) Local 1510; Group IV, Represented By The Communications Workers Of America (CWA)
Local 3178; And Group V, Represented By The Government Supervisors Association Of Florida
(GSAF) Local 100, In Accordance With The Negotiated Collective Bargaining Agreements And
Providing For The Classifications In Group VI, Being All Other Classifications In The Classified
Service Not Covered By A Bargaining Unit, Effective The First Full Pay Period Ending April 2012,
An Across The Board Cost-Of-Living Adjustment (COLA) Of Three Percent (3%) And A Three
Percent (3%) Increase To The Minimum And Maximum Of Each Pay Range; Repealing All
Ordinances In Conflict; Providing For Severability, An Effective Date And Codification.
First Reading
(Included in Collective Bargaining Agreements & Approved by the City Commission in 2010)
(Legislative Tracking: Human Resources)
ACTION: Item deferred to the February 24, 2012 Special City Commission meeting. Lilia
Cardillo to place on the Commission Agenda. Ramiro Inguanzo to handle.
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R5I An Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance Of
The City Of Miami Beach, Florida, As Follows: Providing For All Unclassified Employees,
Effective The First Full Pay Period Ending In April 2012, An Across The Board Cost-Of-Living
Adjustment (COLA) Of Three Percent (3%), And A Three Percent (3%) Increase To The Minimum
And Maximum Of Each Pay Range; Repealing All Ordinances In Conflict; Providing For
Severability, An Effective Date And Codification. First Reading
(Legislative Tracking: Human Resources)
ACTION: Item deferred to the February 24, 2012 Special City Commission meeting. Lilia
Cardillo to place on the Commission Agenda. Ramiro Inguanzo to handle.
R5J An Ordinance Amending The Code Of The City Of Miami Beach By Amending Chapter 2, Entitled
“Administration,” By Amending Article III, Entitled “Agencies, Boards And Committees,” By
Amending Division 2, Entitled “Disability Access Committee,” By Amending Sec. 2-31(D) To
Increase The Number Of Members From Seven (7) To Fourteen (14) And Amending The Quorum
Requirement; Providing For Codification, Repealer, Severability, And An Effective Date.
First Reading
(Requested by Commissioner Jonah Wolfson)
(Legislative Tracking: Public Works)
ACTION: Item deferred to the March 21, 2012 City Commission meeting. Lilia Cardillo to
place on the Commission Agenda. Fred Beckmann to handle.
R7 - Resolutions
11:21:31 a.m.
R7A A Resolution Granting And Authorizing The Mayor and City Clerk To Execute 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 Approximately Twelve Inches (12”) Into The Public Right-Of-Way
On 18th Street And The Service Road Adjacent To Alton Road, With A Minimum Height Of 14
Feet Above The Sidewalk. 10:15 a.m. Public Hearing
(Public Works)
ACTION: Public Hearing held. Resolution No. 2012-27843 adopted. Motion made by
Commissioner Góngora; seconded by Commissioner Exposito; Voice vote: 6-0; Absent:
Commissioner Wolfson. Fred Beckmann to handle.
Handout or Reference Materials:
1. Ad in The Miami Herald AD # 689
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R7B A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A First
Amendment To That Certain Retail Lease Agreement By And Between The City Of Miami Beach,
The Miami Beach Redevelopment Agency (RDA) And Penn 17, LLC. (Lessee), Dated September
16, 2011, Involving The Lease Of Approximately 7,807 Square Feet Of Ground Floor Retail
Space At The Pennsylvania Avenue Garage, 1661 Pennsylvania Avenue, Miami Beach, Florida;
Said First Amendment Correcting The Gross Rentable Retail Space From 7,807 Square Feet To
7,655 Square Feet As Well As Providing For Corresponding Reductions In Lessee’s Annual Rent
From $585,525, To $574,125, And In The Charge For Common Area Maintenance (CAM) From
$100,370 Per Year, To $98,850 Per Year. Joint City Commission & Redevelopment Agency
(Real Estate, Housing & Community Development)
ACTION: Item heard in conjunction with RDA item 1B. Resolution No. 2012-27844
adopted. Motion made by Vice-Mayor Weithorn; seconded by Commissioner Libbin; Voice vote:
6-0; Absent: Commissioner Wolfson. Anna Parekh to handle.
7:08:28 p.m.
R7C A Resolution 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 W ith 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)
(Deferred from January 11, 2012)
ACTION: Resolution No. 2012-27845 adopted.
Jorge Gonzalez, City Manager, introduced the item.
Hilda Fernandez, Assistant City Manager, responded to Commissioner Tobin’s question and
stated that in the latest deadline, the construction contract will be place by March; and it takes a
year to build out, so the RFP process would probably start later this summer. The current
agreement expires in April, so the Administration is recommending extending the agreement on a
month-to-month basis to complete the competitive process.
Motion made by Commissioner Wolfson to continue the current agreement on a month-to-month
basis; seconded by Commissioner Tobin; Voice vote: 4-0; Absent: Mayor Bower and
Commissioner Libbin; Abstained: Vice-Mayor Weithorn. Kevin Smith to handle.
Handout or Reference Materials
1. Form 8B #92 “Memorandum of Voting Conflict” filed by Vice-Mayor Weithorn
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R7D A Resolution Approving Following A Duly Noticed Public Hearing, The Substantive Terms Of A
Lease Agreement Between The City And South Florida Salon Group, Inc., For Use Of
Approximately 1,327 Square Feet Of City-Owned Property, Located At 1701 Meridian Avenue,
Unit 1 (A/K/A 765 17th Street), Miami Beach, Florida; Said Lease Having An Initial Term Of Five
(5) Years, With One Additional Four (4) Year And 364 Day Renewal Term, At The City’s Sole
Discretion; And, Waiving By 5/7ths Vote, The Competitive Bidding Requirements, As Required By
Section 82-39 (B) Of The Miami Beach City Code; Further Authorizing The City Administration To
Negotiate A Final Lease Agreement, Based Upon The Substantive Terms Approved Herein, And
If Successful, Authorizing The Mayor And City Clerk To Execute The Lease. 10:40 a.m. Public
Hearing
(Real Estate, Housing & Community Development)
ACTION: Title of resolution read. Public Hearing held. Resolution No. 2012-27846
adopted. Motion made by Commissioner Góngora; seconded by Commissioner Exposito; Voice
vote: 7-0. Anna Parekh to handle.
Hilda Fernandez, Assistant City Manager, introduced the item.
Motion made by Commissioner Góngora to approve the current lease contingent on the City
being able to negotiate the sublease, and bring the sublease of the 200 square feet back to the
City Commission separately in March; seconded by Commissioner Exposito; Voice vote: 7-0.
Michael Muskat spoke.
Handout or Reference Materials:
1. Ad in The Miami Herald AD # 691
2. Lease Agreement from Koniver Stern Group Retail Real Estate & Brokerage dated January 31, 2012
RE: City of Miami Beach Retail – 17th St Unit 1 & South Florida Salon Group, Inc.
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4:24:03 p.m.
6:56:12p.m.
SUPPLEMENTAL: Revised Resolution
SUPPLEMENTAL 1: Comparison Chart – CMB vs Permittee’s proposed changes
R7E A Resolution Approving And Authorizing The Issuance Of Towing Permits To Beach Towing
Services, Inc., And Tremont Towing Services, Inc.; Said Permit Terms Commencing On March 1,
2012, And Expiring On February 28, 2015; And Further, In Conjunction Therewith, Approving
Amendment No. 2 To The Administrative Rules And Regulations For Police And Parking Towing
Permits; Said Amendment Providing, Among Other Things, For An Increase To The Permit Fees
And Certain Maximum Allowable Towing Rates; Providing For Certain Enhancements, Public
Benefits, And Other Additional Conditions And Requirements, As Requested By The City And Set
Forth In This Resolution, And All Of Which Shall Be Provided By Permittees In The Manner
Prescribed By, And Within The Timeframes Outlined In Amendment No. 2, As A Condition Of The
City’s Approval Of This Resolution And As Consideration For The City’s Issuance Of The Permits;
And Also, Providing, As A Further Condition Of Approval Of This Resolution And Consideration
For Issuance Of The Permits, That Beach Towing Services, Inc., On Behalf Of Itself And
Including All Related Persons And Entities, As The Plaintiff And Petitioner In Those Certain
Lawsuits Filed Against The City (As Such Lawsuits Are Set Forth In This Resolution), Dismiss
With Prejudice Such Actions That Remain Pending With Prejudice, And To Execute A Covenant
Not To Sue, In A Form Acceptable To The City Attorney, In Any Administrative Or Judicial
Actions, For Itself And All Persons Or Entities Related To It, And Not To Solicit Or Encourage The
Filing By Any Other Person Or Entity, Of Administrative Or Judicial Actions, Claims Or Issues
That Were Or Could Have Been Raised In These Cases. And Also Providing, As Further
Consideration For The City’s Approval Of This Resolution And Issuance Of The Permits, That
The City Commission Direct The City Administration And Permittees To Meet To Discuss And,
Within Ninety (90) Days Of Approval Of This Resolution, Have The City Administration Present
Draft Language And An Accompanying Recommendation, To The Finance Citywide Projects
Committee On The Following Additional Initiatives: 1) Temporary Storage Of Towed Vehicles; 2)
Defamation Provision; And 3) Penalties/Fines Schedule.
(Requested by Finance & Citywide Projects Committee)
(Legislative Tracking: Parking Department)
ACTION: Item deferred in conjunction with Item R9J. Motion made by Commissioner Góngora
to defer the item to the June 6, 2012 City Commission Meeting and continue on a month-to-
month basis, with a referral to a Special Finance and Citywide Projects Committee meeting and
invite the members of the Neighborhood/Community Affairs Committee to attend, and all present
at the meeting can vote. The discussion includes Terminal Island storage; seconded by
Commissioner Wolfson; Voice vote: 6-1; Opposed: Commissioner Tobin. Patricia Walker to place
on the committee agenda. Saul Frances to handle.
Handouts or Reference Materials:
1. Comparison Between CMB’s Proposed Amendment No. 2 to the Administrative Rules and Regulations
for the Police and Parking Towing Permits and Permittee’s Proposed Changes to City’s Version.
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R7F A Resolution Authorizing The City Manager To Negotiate Amendment No. 1 To The Management
Agreement With UIA Management, LLC, Dated January 13, 2010, For The Maintenance Of The
1100 Block Of Lincoln Road Mall; Said Amendment Electing The Option, Pursuant To Section 23
Of The Management Agreement, To Expand The Scope Of Said Agreement To Cover
Management And Maintenance Of The Entire Length Of Lincoln Road, From Collins Avenue To
West Avenue, Including Side Streets Between Lincoln Lane (North And South); Further Waiving,
By 5/7th Vote, The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best
Interest Of The City, And Augmenting Developer’s Management And Maintenance
Responsibilities To Also Require The Provision Of Security Services Within The Designated Area;
Further Providing That The Final Negotiated Amendment Shall Be Brought Back To The City
Commission For Approval.
(Public Works)
ACTION: Motion made by Vice-Weithorn to issue an RFP; seconded by Commissioner Wolfson;
Voice vote: 7-0. Gus Lopez to issue the RFP. Fred Beckmann to handle.
Victor Diaz’s list of criteria:
1) This agreement does not extend to capital improvements
2) There should be a required detailed line item budget provided by the manager to the City.
3) There should be a mechanism for public review and public input on the annual budget
4) There should be some limitation on the term. The current agreement is terminable for
convenience.
5) There should be some objective criteria that establish standards for performance for the
manager. It is suggested that those should be the standard for cleanliness the City has or
something more stringent.
6) The manager should not have any role in deciding the uses of Lincoln Road. That should
only be the decision of the City Commission and the City Manager.
7) Limit the grant to the City Manager for the restoration and improvement of Lincoln Road in the
event of a casualty loss. This should be limited to no more than 10%.
8) There should be some contractual mechanism provided for the fair allocation of the delivery of
services to the entire road. This will eliminate the public perception that any particular block
or any particular property owner is being favored.
He added that there should not be a Board of Directors to supervise the City Manager. The City
Manager should be accountable to the City Commission.
Commissioner Libbin’s list of criteria:
1) He thinks it is appropriate to have a 5/7th vote.
2) The contract should be two or three years with options.
3) The management agreement and the manager should be responsible to the City
Commission, and not to a Board of Directors.
4) All the bids prepared by the City Manager should be submitted to the City Commission for
approval. Bids should not be submitted to the management or to a Board of Director for
approval.
5) He is assuming that no union jobs will be lost. All employees will be moved to other vacant
positions in the City.
6) There should be an annual budget prepared as part of the City’s annual budget so there is
public oversight and review.
7) There should be objective criteria to measure success or failure.
He stated that he has no problem with advising Administration to negotiate an agreement, and in
the interim, present to the City Commission all the criteria, to decide if there should be an RFP or
if this group will get the agreement with a 5/7th vote.
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Administration:
1) Develop the scope of service
2) Bring the criteria to the next Finance and Citywide Projects Committee for approval,
3) Bring the RFP to the March 21, 2012 meeting.
End
Fred Beckmann, Public Works Director, introduced the item.
Jeff Weinstein projected pictures on the screen of the condition of Lincoln Road.
Mel Schlesser spoke.
Discussion held.
Raul Aguila, Deputy City Attorney, clarified the management agreement.
Discussion continued.
Sherna Brody spoke.
Ronald Lowy, from CWA Local 3178, spoke.
Raul Aguila, Deputy City Attorney, responded to some of the statements made by Mr. Lowy.
Discussion continued.
The following individuals spoke:
Jorge Mejia, Sr. Vice President of Sony MTV Music
Bill Carson
David Kelsey
Stanley Shapiro
Marsha Maya from Maya Tapas and Grill
Marcelo Ferreiro
Steve “Bubba’ Cohen
Victor Diaz Jr., representing 420 Lincoln Road Associates owners of the 420 Lincoln Road
Building, stated that Ambassador Cejas apologizes for not being able to attend and that he is a
property owner on Lincoln Road and supports the need for an increased level of maintenance on
Lincoln Road. Ambassador Cejas has some concerns on the expansion of the present
maintenance agreement to the rest of Lincoln Road and contracted him as an attorney to review
it. There are issues that the City needs to be concerned about in terms of expanding the existing
agreement, since it was not designed to cover all of Lincoln Road but for only one block. Also, it
was not designed to be the management agreement of a public amenity. He gave his comments
to the management of the Lincoln Road Proprieties Association and they agreed to them. The
City Attorney’s Office also understands those comments. These are the points that the City
Commission should understand before going forward:
3) This agreement does not extend to capital improvements
4) There should be a required detailed line item budget provided by the manager to the City.
3) There should be a mechanism for public review and public input on the annual budget
4) There should be some limitation on the term. The current agreement is terminable for
convenience.
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5) There should be some objective criteria that establish standards for performance for the
manager. It is suggested that those should be the standard for cleanliness the City has or
something more stringent.
6) The manager should not have any role in deciding the uses of Lincoln Road. That should
only be the decision of the City Commission and the City Manager.
7) Limit the grant to the City Manager for the restoration and improvement of Lincoln Road in the
event of a casualty loss. This should be limited to no more than 10%.
8) There should be some contractual mechanism provided for the fair allocation of the delivery of
services to the entire road. This will eliminate the public perception that any particular block
or any particular property owner is being favored.
He added that there should not be a Board of Directors to supervise the City Manager. The City
Manager should be accountable to the City Commission.
Discussion continued.
The following individuals spoke:
Lawrence Jessup, Economic Consultant for CWA
Roger Abramson
Uliz Diaz, business owner
Richard McKinnon, CWA President
Jonathan Fryd
Alejandro Maya, from Maya Tapas & Grill
Steve Gombinski
Thelma Deutsch
Lyle Stern
Michael Comras
Robert Wennett
Discussion continued.
Commissioner Libbin applauded everyone’s desire to see improvement on Lincoln Road. He
stated the following for the record:
1) He thinks it is appropriate to have a 5/7th vote.
2) The contract should be two or three years with options.
3) The management agreement and the manager should be responsible to the City
Commission, and not to a Board of Directors.
4) All the bids prepared by the City Manager should be submitted to the City Commission for
approval. Bids should not be submitted to the management or to a Board of Director for
approval.
5) He is assuming that no union jobs will be lost. All employees will be moved to other vacant
positions in the City.
6) There should be an annual budget prepared as part of the City’s annual budget so there is
public oversight and review.
7) There should be objective criteria to measure success or failure.
He stated that he has no problem with advising Administration to negotiate an agreement, and in
the interim, present to the City Commission all the criteria, to decide if there should be an RFP or
if this group will get the agreement with a 5/7th vote.
Discussion continued.
Jorge Gonzalez, City Manager, responding to Commissioner Tobin’s question, stated that what
he can provide is how much is spent on Lincoln Road maintenance today, and he will bring back
how much additional services that same amount of money might buy with this agreement.
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Commissioner Tobin stated that if this is not a cost savings and the City retains the employees
that use to do work; how will there be savings. This is critical. He also spoke about his negative
experience with some sanitation workers.
Jorge Gonzalez, City Manager, stated that he can provide that information.
Commissioner Tobin agrees with the 5/7th vote and will support this because he views this as an
emergency.
Commissioner Exposito agrees with a 5/7th vote. He has hesitations to go to an RFP. He stated
that the City needs to take a look and enforce the street café ordinance and the businesses need
to follow the rules. He will like to see a cost benefit analysis, and perhaps because of this, an
RFP may be in order. There needs to be very specific requirements added.
Commissioner Tobin asked if the area east of Washington Avenue could be included. He added
that Lincoln Road has gotten to where it is and the Administration needs to figure out how to get it
fixed so the City doesn’t have to outsource. He added that he is getting to the point where is he
will want to outsource everything.
Fred Beckmann, Public Works Director, stated the area covered is from Collins Avenue to West
Avenue.
Robert Wennett stated that it is perfectly fine to do a one-year contract with 30-day termination to
get the process going. An RFP could be issued later if this does not work. He accepts all the
conditions stated by Victor Diaz.
Jose Smith, City Attorney, stated that whatever motion is made will be subject to a 5/7th vote.
Richard McKinnon, CWA Union President, spoke.
Jorge Gonzalez, City Manager, explained that consistent with what the bargaining agreement
requires, anybody that is employed by the City today and covered by one of the bargaining units
will not lose their jobs. The twenty-one individuals will be moved to other positions in the City.
He added that the 21 vacant positions will be used to fund the contract.
Vice-Weithorn asked if the motion on the table includes the security clause.
Motion #1:
Motion made by Commissioner Tobin to approve a one year management agreement with
a 30-day termination for security and maintenance, and the Administration to negotiate a
crystal clear agreement that addresses the small tenants. Also, he requested that this
agreement is reviewed by the some Lincoln Road merchants, Thelma Deutsch and others
that have a concern with this contract; seconded by Commissioner Libbin with the clause
of the security.
Mayor Bower requested to vote on the 5/7th waiver now.
Raul Aguila, Chief Deputy City Attorney, stated that the City Commission could give the
Administration the authority to negotiate, but when the contract comes back, it cannot be
approved without the vote of waiving the competitive bidding by 5/7th vote.
Discussion continued.
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Raul Aguila, Chief Deputy City Attorney, stated that a record of why this is in the best interest of
the City has been made, so the City Commission has the City Manager’s recommendation. A
motion can be made waiving by 5/7th vote the competitive bidding requirement finding such
waiver to be in the best interest of the City and authorizing the Administration and City Attorney’s
Office to negotiate a one year management agreement with a 30-day termination clause with UIA
for the maintenance and security on Lincoln Road; seconded by Commissioner Libbin with the
proviso that the security be an add alternate.
Marsha Maya from Maya Tapas & Grill spoke.
Commissioner Tobin stated that he will agree adding any provisions that anybody wants to add.
Voice vote was taken on Commissioner’s Tobin motion; 3-4; Opposed: Vice-Mayor
Weithorn; Commissioners Exposito, Góngora and Wolfson. Motion #1 failed.
Motion #2:
Motion made by Vice-Mayor Weithorn to issue an RFP; seconded by Commissioner
Wolfson; Voice vote: 7-0.
Jorge Gonzalez, City Manager responding to Commissioner Tobin’s question, stated that the
Administration will develop the scope and bring the criteria to the next Finance and Citywide
Projects Committee for approval, and bring the RFP to the March 21, 2012 Commission Meeting.
Fred Beckmann to handle.
Motion #3:
Motion made by Commissioner Tobin to fix the problems that were shown on the slide show in
the next couple of days. No second offered.
Handouts or Reference Materials:
1. Color printed images of areas in need of maintenance along Lincoln Road.
2. Document from Ron Lowy, CWA Local 3178 Attorney Titled “Miami Beach City Commission
Presentation” – February 8, 2012.
3. Letter from David Kelsey, South Beach Hotel and Restaurant Association, dated February 6, 2012
RE: Lincoln Road Mall Maintenance & Management Agenda Item R7F to Mayor and City Commission
and Commissioner Deede Weithorn.
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R9 - New Business and Commission Requests
R9A Board And Committee Appointments.
ACTION: The following appointments and actions were made:
Budget Advisory Committee:
Laurence Herrup Term ending 12/31/13 Appointed by Commissioner Góngora TL 12/31/17
Dushan Koller Term ending 12/31/13 Appointed by Commissioner Wolfson TL 12/31/15
Committee on the Homeless:
Cary Yee Quee Term ending 12/31/13 Appointed by Mayor Bower TL 12/31/19
Community Development Advisory Committee:
Christina LaBuzetta Term ending 12/31/12 Appointed by Commissioner Wolfson TL 12/31/19
Disability Access Committee:
Jonathan T. Macedo Term ending 12/31/12 Appointed by Commissioner Exposito TL 12/31/19
Fine Arts Board:
Tiva Leser Term ending 12/31/13 Appointed by Commissioner Wolfson TL 12/31/15
Golf Advisory Committee:
Michael Piazza Term ending 12/31/12 Appointed by Commissioner Wolfson TL 12/31/17
Hispanic Affairs Committee:
Ana Cecilia Velasco Term ending 12/31/13 Appointed by Commissioner Góngora TL 12/31/18
Parks & Recreation Facilities Board:
Rebecca Boyce Resigned 2/3/2012
Police Citizens Relations Committee:
Jonathan Parker Term ending 12/31/13 Appointed by Commissioner Wolfson TL 12/31/19
Jared Plitt Term ending 12/31/13 Appointed by Vice-Mayor Weithorn TL 12/31/15
Safety Committee:
Jeff Gordon Term ending 12/31/13 Appointed by Commissioner Wolfson TL 12/31/19
Transportation and Parking Committee:
Amy Tancing Removed as Rep. of the MDPL
Waterfront Protection Committee:
Jeff Feldman Term ending 12/31/13 Appointed by Mayor Bower TL 12/31/19
Dr. Morris Sunshine Term ending 12/31/13 Appointed by Commissioner Exposito TL 12/31/15
Youth Center Advisory Board:
Michael Burnstine Term ending 12/31/13 Appointed by Commissioner Wolfson TL 12/31/19
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R9A1 Board And Committee Appointments - City Commission Appointments.
(City Clerk’s Office)
ACTION: Item deferred to the February 24, 2012 Special Commission Meeting.
Handout or Reference Materials:
1. Letter from Grisette Roque Marcos dated December 21, 2011 to Mayor and Commission RE: VCA
appointments.
R9A2 Appointment Of Peter Chevalier For Commissioner To The Housing Authority.
(Requested by Mayor Matti Herrera Bower)
ACTION: Item deferred to the February 24, 2012 Special Commission Meeting.
3:38:44 p.m.
R9B1 Dr. Stanley Sutnick Citizen’s Forum. (12:30 p.m.)
ACTION:
1) John Curbelo made reference to recent newspaper articles published regarding cat poisoning
in Section 5 of Miami Beach. There is an investigation by the Miami Beach Police Department
and Animal Services; however, the City has announced in its latest MB magazine that an
$80,000 grant has been applied for and received for spaying and neutering cats, and this is
not true. Apparently the program has been suspended indefinitely and has been tied up in
the Legal Department for the past three months. He asked that the City applies pressure to
the Legal Department.
2) Jane Gross spoke on her neighborhood Crime Watch and added that she has noticed a
difference where the police department is reaching out to the residents, knocking on doors;
and Assistant Chief Martinez did not put her up to this. She did not know Ray Martinez until
the police academy and her and her husband have noticed the change on Washington
Avenue. She stated that there is a lot of support from the residents to choosing the correct
police chief.
3) Carla Probus stated that cat feeding is illegal in the City and wants to know why this is not
enforced and cat feeding banned. She also stated that she has seen a major change in the
City and her neighborhood is extremely happy because they have a person to solve
problems. She is pleased with the neighborhood walk and the police visibility. Hilda
Fernandez to handle.
4) Steve “Bubba” Cohen stated that he never had a problem with the rank and file police officer;
they are doing a good job. His issue is with misinformation. He also spoke about the
investigation of the PAL complaints.
5) Officer Arthur Martineu, PAL Director, spoke.
Handouts or Reference Materials:
1. Table of Contents I2009-030 PAL Investigation and Memorandum of Investigation from Commission
on Ethics & Public Trust. Attached copy of letter to Katherine Fernandez Rundle, Miami-Dade Office
of the State Attorney dated November 1, 2011 from Jorge M. Gonzalez, City Manager, RE: Allegations
of improprieties at MBPAL; copy of LTC 274-2011 and letter from Jose Smith, City Attorney to James
Loftus, Director, Miami-Dade Police Department, dated January 10, 2012 RE: MBPAL.
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R9B2 Dr. Stanley Sutnick Citizen’s Forum. (5:30 p.m.)
ACTION: No speakers.
7:10:49 p.m.
R9C Discussion And Update Regarding The Tennis Management Contract RFP.
(Requested by Commissioner Edward L. Tobin)
(Deferred from January 11, 2012)
ACTION: Item heard in conjunction with items R9D and R9E. See Action in R9D.
City Clerk’s Note: See Agenda Item R7C, R9D and R9E
7:10:49 p.m.
R9D Discussion Regarding Creating A Tennis Committee.
(Requested by Commissioner Jonah Wolfson)
(Deferred from January 11, 2012)
ACTION: Discussion held. Item heard in conjunction with items R9C and R9E.
DIRECTION: Administration to bring a resolution creating an Ad Hoc committee to the March 21,
2012 Commission Meeting for approval, include a list of nominees as recommended, and in
addition, include language stating that any advisory suggestions made by members shall be
reviewed by the Parks and Recreational Facilities Board and the City Commission. Lilia Cardillo
to place on the March 21, 2012 Commission Agenda. Kevin Smith to handle.
Membership Recommendation:
The Ad Hoc committee shall be comprised of 9 members as follows:
1) one nomination from each member of the City Commission (7)
2) one nomination from City Administration (1)
3) one nomination from Parks & Recreational Facilities Board.
End
Jorge Gonzalez, City Manager, introduced the item.
Discussion held.
The following individuals spoke:
Ronald E. Stroia in favor of an Advisory Committee.
Gayle Durham suggested an Ad Hoc Committee.
Vice-Mayor Weithorn stated that to have input from tennis players is a good idea and would like
to see an Ad Hoc committee created and reassessed as needed.
Discussion continued.
Debbie Leibowitz spoke.
Motion made by Commissioner Góngora to create an Ad-Hoc Committee to deal with matters
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dealing with the operation part of the construction and to assist the Administration as an advisory
board, with each member of the City Commission appointing a member; seconded by
Commissioner Tobin; no vote taken and discussion continued.
Debbie Leibowitz stated that it’s important that this committee combines members from the
management of the facility as well as players and juniors in order to have a diverse group.
Discussion continued regarding recommended membership
Jonathan Groff, Chair of Parks & Facilities Board, spoke in regards to the Golf budget.
Vice-Mayor Weithorn requested that any advisory suggestions made by these Ad Hoc committee
members be reviewed and approved by the Parks and Recreational Facilities Board and the City
Commission.
Discussion continued.
Commissioner Wolfson recognized Mr. Groff for his dedication and leadership as Chair of the
Parks & Recreational Facilities Board.
Commissioner Góngora clarified that the Ad Hoc committee will be comprised of one nomination
from each member of the City Commission (7), one nomination from City Administration (1), and
one nomination from Parks & Recreational Facilities Board.
Rebecca Boyce spoke.
Dana Turken spoke against creation of the committee.
Vice-Mayor Weithorn explained that this Commission is directing the Administration to prepare a
resolution creating an Ad Hoc committee, bring back to the March 21st Commission Meeting for
approval, and to include a list of nominees as suggested.
City Clerk’s Note: See Agenda Item R9C and R9E
7:10:49 p.m.
R9E 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 January 11, 2012)
ACTION: Item heard in conjunction with items R9C and R9D. See action in R9C.
City Clerk’s Note: See Agenda Item R9C and R9D
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4:17:57 p.m.
R9F Discussion And Update On The Citywide Dunes Maintenance Plan.
(Requested by Commissioner Edward L. Tobin)
(Deferred from January 11, 2012)
ACTION: Referred to the Neighborhood/Community Affairs Committee by acclamation. Barbara
Hawayek to place on the committee agenda. Fred Beckmann to handle.
City Clerk’s Note: See LTC 037-2012
4:17:57 p.m.
R9G Discussion Regarding Communications About The Progress Of Projects And Construction To
The Local Residents.
(Requested by Commissioner Jorge R. Exposito)
(Deferred from December 14, 2011)
ACTION: Referred to the Neighborhood/Community Affairs Committee by acclamation. Barbara
Hawayek to place on the committee agenda. Fernando Vasquez and Fred Beckmann to
handle.
4:17:57 p.m.
R9H Discussion Regarding The Status Of The Major Event Plan For The Winter Music Conference
And Spring Break.
(Requested by Commissioner Jorge R. Exposito)
ACTION: Referred to the Neighborhood/Community Affairs Committee by acclamation. Barbara
Hawayek to place on the committee agenda. Hilda Fernandez to handle.
4:18:51 p.m. – first motion
7:38:23 p.m. - second motion
R9I Discussion Regarding A Resolution Urging The Florida Legislature To Repeal The Penalty
Provisions In The Joe Carlucci Uniform Firearms Act Which Were Enacted During The 2011
Florida Legislative Session And Which Became Effective October 1, 2011.
(Requested by Matti Herrera Bower)
(Legislative Tracking: City Attorney’s Office)
ACTION: Resolution No. 2012-27847 adopted. Motion made by Commissioner Góngora;
seconded by Commission Tobin; Voice vote: 5-0; Absent: Mayor Bower and Commissioner
Libbin. Kevin Crowder to handle.
Initially a motion was made by Commissioner Góngora; seconded by Mayor Bower; no vote was
taken on this motion because Commissioner Tobin wanted to see the resolution.
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R9J Discussion Of The Traffic Analysis Of The Proposed Relocation Of Towing Storage Facilities To
Terminal Island.
(City Manager’s Office)
ACTION: See action with item R7E.
SUPPLEMENTAL: Memorandum
4:19:25 p.m.
R9K Budget Advisory Committee Pension Reform Initiative Status Report.
(Budget & Performance Improvement)
(Memorandum to be Submitted in Supplemental)
ACTION: Motion made by Vice-Mayor Weithorn to accept the report and have a Special
Workshop on Pension Reform; seconded by Commissioner Exposito and approved by
acclamation. Kathie Brooks to handle.
City Clerk’s note: The Commission Workshop is scheduled for Wednesday, May 2, 2012 at 5:30 p.m.
R9L Discussion Regarding Changes And Progress At Building Department.
(Requested by Commissioner Edward L. Tobin)
ACTION: Item withdrawn.
City Clerk’s Note: See LTC 028-2012
4:13:03 p.m.
R9M Discussion Regarding Muss Park Improvements And Seawall.
(Requested by Commissioner Edward L. Tobin)
ACTION: Item referred to the Neighborhood/Community Affairs Committee by acclamation.
Barbara Hawayek to place on the committee agenda. Fred Beckmann to handle.
4:11:00 p.m.
R9N Discussion And Referral To The Neighborhood/Community Affairs Committee Regarding Sunrise
Plaza And Beachwalk.
(Requested by Commissioner Edward L. Tobin)
ACTION: Referred to the Neighborhood/Community Affairs Committee. Barbara Hawayek to
place on the Committee agenda. Fred Beckmann to handle.
Jorge Gonzalez, City Manager, stated that a permit was issued this week and will be pursuing a
JOC contract. A status report will be sent via LTC.
City Clerk’s Note: See LTC 036-2012
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3:58:11 p.m.
R9O Discussion Regarding An Update On The Dredging And Replacement Of The 54” Force Main In
Government Cut.
(Requested by Commissioner Edward L. Tobin)
ACTION: Discussion held. Eduardo Vega, Assistant Director for Engineering for Miami-Dade
Water and Sewer Department, to come back with recommendations and discuss with the City
what is the best engineering solution.
Eduardo Vega, Assistant Director for Engineering for Miami-Dade Water and Sewer Department,
explained that they performed a pipe assessment, by inspecting pipes from Miami Beach through
Government Cut, Fisher Island up to Virginia Key; they received the report of defective pipes
findings and prompted the County to task the contractor to look at seven alternatives.
Commissioner Tobin asked that they tell the County Mayor to do a bidirectional drill that can be
done faster and cheaper.
Mr. Vega explained that they will meet with the County Mayor soon and will be making
recommendations and discuss with the City what the best engineering solution is.
R9P Discussion Regarding A Summary Of Successes, Failures And Costs Associated With New
Police Department Sector Plan.
(Requested by Commissioner Edward L. Tobin)
ACTION: Withdrawn.
2:47:56 p.m.
R9Q Discussion Regarding The Status Report On The Biscayne Pointe Island Capital Improvements
Project.
(Requested by Commissioner Jonah Wolfson)
ACTION: Discussion held. See recommendations below. Fernando Vazquez to handle.
RECOMMENDATIONS:
1) Bring to the March 21, 2012 Commission Meeting:
• A design built contract with a fixed price all inclusive
• Appropriation of additional dollars to be added in the budget and their source
• A timetable.
2) Notify City Commission and HOA residents of progress via LTC
3) Stop sign on Biscayne on Daytona Road to be removed
4) Inform the City Commission via LTC of what needs to be done to prevent this problem from
reoccurring
End
Fernando Vazquez, CIP Director, explained that at the December Commission Meeting, the
Administration brought in front of the City Commission an item requesting to waive competitive
bidding as a result of deficiencies in the plans, specifically related to the stormwater component
along Stillwater Drive and other deficiencies which complicated the production of construction and
sequencing that the contractor had bid upon. There were also additional owner-requested items
to provide for electrical replaced lines and drainage hot spots along Biscayne Pointe, but the
original set of plans did not include drainage improvements. He added that the project has not
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stopped, but has slowed down to a significant point. There are improvements that were either not
brought forth in the original plan or came as a result of deficiencies, and these need to and must
be revisited, in order to provide the residents with the right infrastructure. Discussions have been
held at length regarding scope and budget required among the contractor and the City, and a
common ground has been reached, and they are developing an immediate rectification plan
which finalizes this week. DMSI will be leveling the roads today or tomorrow to make sure they
do not remain unsafe, and will address and expedite the additional water improvements needed,
the hot spots required in order to provide drainage, finalize the electrical work, look into some
light pole issues, and the entrance way.
Discussion held regarding deficiencies encountered and what the problem is with the contract.
Vice-Mayor Weithorn explained that this contractor had a “bad” set of plans, residents are
complaining, and the contractor is suggesting correcting the plans and building the right thing for
the neighborhood.
Discussion continued regarding stormwater issues at Biscayne Pointe and improvements
needed, and how that will be accomplished.
David Mancini, President, David Mancini & Sons, Inc., (DMSI), stated that they are trying to
accomplish in three months what the engineer did in six years; and they are having a difficult time
discovering and resolving problems, coming up with solutions, negotiating and trying to procure
properly. They were given deficient plans, but they will correct them and in another month or two
things will get done.
Discussion held.
Jorge Gonzalez, City Manager, stated that DMSI has identified deficiencies and has brought them
to the City’s attention. The Administration has accepted adding that scope to the work, and by
the March Commission Meeting, the appropriation and an amended contract will be presented for
final approval.
Discussion continued regarding work to be done in the meantime.
Vice-Mayor Weithorn requested the City Commission be notified via an LTC in regards to
progress during the next five weeks, and if any obstacles come up, to let them know in order to
notify the residents. Fernando Vazquez to handle.
Discussion held regarding additional costs and scope.
Commissioner Wolfson suggested accepting at this point that the plans were “bad,” give the CIP
Director direction to go and negotiate with the contractor; continue to get work done and bring
back the item to the Commission Meeting in March.
Discussion continued.
Commissioner Tobin requested additional scope.
Commissioner Exposito requested that the City Commission be informed via an LTC of what
needs to be done so that the same problem does not reoccur in the future. Fernando Vazquez
to handle.
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Ted Berman spoke regarding unleveled road surfaces and asked that the streets be repaired
immediately.
Nelson Liberti, Superintendent for DMSI, announced that they will start paving to level the road
surfaces tomorrow and they will be drivable within a week.
Chris (Christopher) Ramasar explained that his Porsche was damaged due to the bumpy road
and requires expensive work for repair. He asked if the contractors of the City are liable for these
damages.
Jose Smith, City Attorney, explained that in order to file a claim, the Legal Department can look
into it and requested a letter from Mr. Ramasa. City Attorney’s Office to handle.
Michael Brennan is concerned that when DMSI paves the roads, that they address the three hot
spot drainage areas.
Discussion continued.
Lucero Levy, HOA President, stated that the City and contractor are dealing in good faith, but she
listed the work that is pending besides the negotiations: correcting and completing all the work in
Biscayne Point, which include putting the acorn lights, doing the landscaping, correcting the hot
spots with proper drainage, do the entrance to the island, repair broken sidewalks, and then at
the end the resurfacing; they don't want patches in their streets. She also added that the stop
sign on Biscayne on Daytona Road should be removed. Fernando Vazquez to handle.
Discussion held.
Ted Berman requested that residents be notified.
Paul Bafile spoke.
Discussion continued.
Raul Aguila, Chief Deputy City Attorney, explained that authorization is needed is to go and
negotiate with DMSI for the do not to exceed price all-inclusive; so they can execute the design
built contract. DMSI representatives have agreed that the figures will come in March, and the
contractor will sign the design built contract as is, in order to proceed with the project.
Jorge Gonzalez, City Manager, informed that at the March 21, 2012 Commission Meeting, the
agenda item will include: 1) a design built contract with a fixed price all inclusive 2) appropriation
of additional dollars to be added in the budget and their source, and 3) a timetable. Fernando
Vazquez to handle.
Handouts or Reference Materials:
1. CIP Impasse Biscayne Point 2-7-12 color images.
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4:13:19 p.m.
R9R Discussion To Reconsider The Off-Leash Designated Area At South Pointe Park.
(Requested by Commissioner Jonah Wolfson)
ACTION: This item was initially withdrawn; however, Commissioner Wolfson stated that this item
is going to the Design Review Board (DRB) and then to the Neighborhood/Community Affairs
Committee. Richard Lorber and Barbara Hawayek to place on the corresponding commission
committees.
City Clerk’s note: Ordinance No. 2012-3750 adopted January 11, 2012
4:11:55 p.m.
R9S Discussion Regarding Updates On The Collins Canal / Bike Path Project.
(Requested by Commissioner Jorge R. Exposito)
ACTION: Item referred to the Finance and Citywide Projects Committee by acclamation. Patricia
Walker to place on the committee agenda. Fred Beckmann to handle.
11:49:59 a.m.
R9T Discussion Regarding The Request From The Developer Of The 500-600 Block Of Alton Road To
Have The City Formally Participate In A Design Charette Process.
(Requested by Mayor Matti Herrera Bower)
ACTION: Discussion held. Motion made by Vice-Mayor Weithorn; seconded by Commissioner
Libbin; Voice vote; 6-0; Absent: Commissioner Wolfson. Richard Lorber to handle.
Russell Galbut spoke.
4:14:12 p.m.
ADDENDUM:
R9U Discussion On The Status Of Scheduling The Retreat Required As Per Commission Direction
From The December 14, 2011 Committee Of The Whole.
(Requested by Commissioner Jonah Wolfson)
ACTION: Motion made by Commissioner Wolfson to table the motion made at the Committee-of-
the-Whole meeting held on December 14, 2011 by scheduling the City Commission Retreat in
March 2012, and any action resulting from the Retreat to the April Commission Meeting;
seconded by Vice-Mayor Weithorn. Discussion held but no vote taken.
Commissioner Wolfson stated that he has somewhat changed his mind and thinks the Retreat will
be a good idea but it has not been scheduled.
Mayor Bower stated that the Retreat has not been scheduled, and Rick Jensen will be speaking
individually with each member of the City Commission.
Commissioner Wolfson stated that before any decisions are made, there will be a Commission
Retreat to talk and work through some of the issues.
Mayor Bower stated that Rick Jensen will be speaking with the Commission members separately
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to get a feel for how the Retreat should be handled. The Retreat will be scheduled for the end of
March.
Vice-Mayor Weithorn stated that she is scheduled to speak with Rick Jensen and the Retreat
should be held sometime after March 9th.
Commissioner Wolfson asked that since the Retreat will be at the end of March, should any
decisions be moved to April? He explained that there was a motion and a second to table the
City Manager’s termination to March, but he would like to table that motion to April and schedule
the Retreat in March.
Vice-Mayor Weithorn thinks Commissioner Wolfson’s statement is fair and also asked when the
City Attorney’s contract expires.
Jose Smith, City Attorney, stated that his contract does not expire in April, but that is when his
evaluation is due.
Vice-Mayor Weithorn seconded Commissioner Wolfson’s motion to table the motion made at the
Committee-of-the-Whole meeting to April and do the Retreat in March.
Mayor Bower stated that no motion will be made today and that the motions will be made in
March.
7:05:05 p.m.
ADDENDUM:
R9V Discussion Regarding Parking At The Scott Rakow Youth Center.
(Requested by Vice-Mayor Deede Weithorn)
ACTION: Referred to the Neighborhood/Community Affairs Committee. Barbara Hawayek to
place on the committee agenda. Saul Frances to handle.
ADDENDUM:
4:17:09 p.m.
R9W Discussion Regarding A Request For Additional Language To Be Included In The Convention
Center Development RFQ/RFP Process (Item R2A from January 11, 2012 Agenda).
(Requested by Commissioner Jorge R. Exposito)
ACTION: Deferred to the March 21, 2012. Lilia Cardillo to place on the Commission Agenda.
Hilda Fernandez to handle.
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ADDENDUM:
4:20:02 p.m.
R9X Discussion Regarding The Liability Issues Arising From Police Take Home Vehicles.
(Requested by Commissioner Jonah Wolfson)
ACTION: Motion made by Commissioner Wolfson to have the City Manager negotiate with the
Police Union to require an insurance rider before sworn personnel the take-home vehicles;
seconded by Commissioner Exposito; approved by acclamation. Ramiro Inguanzo to handle.
Commission Wolfson expressed his concern with the possibility that many of the police take-
home vehicles while off-duty are being driven uninsured. He asked the City Manager to negotiate
with the Police Union to have those sworn officers who have take-home vehicle, to show the City
that they have an insurance rider to cover off-duty take home cars.
Jorge Gonzalez, City Manager, stated that he will speak with the Union, and if it can’t be worked
out now, it will be part of the discussion in the next contract cycle.
4:21:40 p.m.
ADDENDUM:
R9Y Discussion And Update On The 2012 Florida Legislative Session.
(City Manager’s Office)
ACTION: Discussion held.
Jorge Gonzalez, City Manager, stated that he will respond in writing as to the status of the Florida
Legislative Session in Tallahassee. Kevin Crowder to handle.
11:10:57 a.m.
ADDENDUM
R9Z Discussion Regarding A Resolution To Waive The Convention Center Fee Only For Stem Tech
Olympiad 2012 Scheduled For April 26-29, 2012.
(Requested by Commissioner Jorge R. Exposito)
ACTION: Discussion held. Resolution No. 2012-27850 adopted. Motion made by
Commissioner Exposito to waive the remaining $33,000 so this program can be held at the Miami
Beach Convention Center; seconded by Commissioner Libbin; Voice vote: 6-0; Absent:
Commissioner Wolfson. Max Sklar to handle.
Commissioner Exposito introduced the item. He stated that he would like Ms. Nola Garcia,
President/CEO, United States Alliance for Technological Literacy, to meet with the Committee for
Quality Education in Miami Beach to see if this program can be initiated and brought to Miami
Beach. Leslie Rosenfeld to handle.
Jorge Gonzalez, City Manager, stated that this is subject to resolving outstanding issues.
Commissioner Exposito stated that United States Alliance for Technological Literacy has
committed to resolve the payment issue within a 14 day period.
Commissioner Tobin stated that the Administration should set benchmarks for incorporating the
Miami Beach school kids.
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Nola Garcia stated that North Beach Elementary School is already involved and will be bring 300
arts robotic exhibits.
Commissioner Tobin stated that he is relying on the Administration to have done the due-
diligence on this matter. He stated that he will not vote on late items of this category.
Jorge Gonzalez, City Manager, stated that the item came in late and the Administration did not
review the program this year but have supported in the past years.
Commissioner Tobin stated that in the future he will not vote for late items unless the
Administration has done the due-diligence.
Commissioner Exposito requested that the Committee on Quality Education in Miami Beach
reach out to all Miami Beach schools to make sure students also benefit from this program.
Leslie Rosenfeld to handle.
Keonist Felder, a student who is participating in the program, spoke.
R10 - City Attorney Reports
R10A City Attorney’s Status Report.
(City Attorney Office)
ACTION: Discussion held. Status report given by the City Attorney.
11:19:11 a.m.
Jose Smith, City Attorney, announced the Attorney-Client Session below:
R10B 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 February 8, 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, First Assistant City
Attorney Rhonda Montoya Hasan And First Assistant City Attorney Gary Held.
ACTION: Attorney-Client Session announced and held.
Handouts or Reference Materials:
1. Form Approved Resolution – Revised
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Mayor Bower Made The Following Announcement:
The Attorney-Client Session Shall Commence And Will Be Held Between 4:25 And 4:45 P.M., In
The City Manager’s Large Conference Room. The Following Individuals In Attendance Are As
Follows:: 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 Gary Held Regarding The Following Cases: 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.
6:22:32 p.m.
R10B Resolution
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida Approving
And Adopting The Mediation Settlement Agreement Between 1100 West Properties, Llc, And The
City Of Miami Beach Concerning An Appeal Over Building Permit Fees, And Authorizing The
Taking Of Necessary And Appropriate Steps For The Implementation Thereof.
ACTION: Resolution No. 2012-27848 adopted. Motion made by Commissioner Wolfson;
seconded by Commissioner Tobin; Voice vote: 6-0 Absent: Vice-Mayor Weithorn.
6:22:32 p.m.
Jose Smith, City Attorney, announced that the parties in the two cases have entered into a
settlement that reflected a mediated settlement agreement that deals with permit fees and issues
affecting the street end
6:28:52 p.m.
Rhonda Montoya-Hasan, First Assistant City Attorney, explained the settlement agreement.
Gary Held, First Assistant City Attorney, also explained the settlement agreement.
David Nevel spoke.
6:35:23 p.m.
Kent Harrison Robbins stated that he wanted to thank this Commission and the City for working
so hard to protect the baywalk and appreciates every member of the Commission and the City
Manager, staff and the City Attorney. He thanked them for settling the matter.
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11:19:11 a.m.
Jose Smith, City Attorney, announced the Attorney-Client Session below:
R10C 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:
Museum Walk Apartments V. City Of Miami Beach, Eleventh Judicial Circuit Of Florida, Appellate
Jurisdiction, Case Nos. 011-058; 060; 061; 063; 069, 070, 072-084; 086; 087; 115-124; 662-670.
Therefore, A Private Closed Attorney-Client Session Will Be Held During The Lunch Recess Of
The City Commission Meeting On February 8, 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, First Assistant City
Attorney Rhonda Montoya Hasan And First Assistant City Attorney Steven Rothstein.
ACTION: Withdrawn.
Reports and Informational Items
Reports and Informational Items (see LTC #025-2012)
End of Regular Agenda
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Miami Beach Redevelopment Agency
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
February 8, 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 Absent
Executive Director Jorge M. Gonzalez
Assistant Director Jorge Gomez
General Counsel Jose Smith
Secretary Robert E. Parcher
AGENDA
11:51:23 a.m.
1. NEW BUSINESS
SUPPLEMENTAL: Resolution
1A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment
Agency (RDA) Approving The Modification Of The Terms Of That Certain Mortgage And
Promissory Note, In The Amount Of $1,500,000, Dated February 5, 2007, Given By
MBCDC: Meridian Place, LLC, A Florida Limited Liability Corporation, As Mortgagor, For
Funds Advanced To MBCDC By The RDA For The Acquisition Of Meridian Place, 530
Meridian Avenue, Miami Beach, Florida; Said Modification Restructuring The Repayment
Terms To Be Consistent With Other Affordable Housing Loans From The City, Which
Defer The Repayment Of The Debt During The Documented Affordability Period; Further
Approving A Subordination Of Said RDA Note And Mortgage, In Favor Of A Commercial
Lender, To Be Determined By MBCDC, For An Amount Not To Exceed $980,000; And
Further Authorizing The Executive Director To Execute All Applicable Documentation.
(Real Estate, Housing & Community Development)
ACTION: Resolution No. 582-2012 adopted. Motion made by Board Member Weithorn;
seconded by Board Member Exposito; Voice vote: 5-1; Opposed: Board Member Tobin;
Absent: Board Member Wolfson. Anna Parekh to handle.
Hilda Fernandez, Assistant City Manager, explained the item.
Discussion held.
Board Member Weithorn stated that this has been to the Finance and Citywide Projects
Committee twice and although no one is thrilled with where they are, this is the best
solution.
Board Member Tobin spoke about the last renovation he inspected. He suggested having
an outside consultant monitor the affordable housing.
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Hilda Fernandez, Assistant City Manager, stated that at Commissioner’s suggestion an
outside consultant was engaged to do existing conditions reports on all projects as funds
are committed. The consultant reviews the projects and provides an independent
analysis. This has been implemented as requested by Commissioner Tobin. The person
is Douglas Wood.
Board Member Tobin requested to see Douglas Wood’s report on this project. Anna
Parekh to handle.
Discussion continued.
Board Member Exposito asked about the owner rehabilitation program.
Hilda Fernandez, Assistant City Manager, stated that this is a different program and she
will have to review the criteria Owner Rehabilitation Program. Hilda Fernandez to
handle.
Board Member Libbin asked Hilda Fernandez to elaborate on Board Member Tobin’s
statement about the need for affordable housing in the community. He added that he
understands that there are still significant needs still remaining.
Hilda Fernandez, Assistant City Manager, stated that she will provide a detailed analysis
of the needs of affordable housing in our community via an LTC. She mentioned that as
stated in a prior LTC, there have been sever cuts in the funding source for affordable
housing and this will create a big issue for this community. Cuts have been in both the
HOME Program and the CDBG Program. Hilda Fernandez to handle.
12:05:29 p.m.
1B A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment
Agency (RDA), Approving And Authorizing The Chairperson And Secretary To Execute A
First Amendment To That Certain Retail Lease Agreement By And Between The City Of
Miami Beach, The Miami Beach Redevelopment Agency (RDA) And Penn 17, LLC.
(Lessee), Dated September 16, 2011, Involving The Lease Of Approximately 7,807
Square Feet Of Ground Floor Retail Space At The Pennsylvania Avenue Garage, 1661
Pennsylvania Avenue, Miami Beach, Florida; Said First Amendment Correcting The Gross
Rentable Retail Space From 7,807 Square Feet To 7,655 Square Feet As Well Providing
For Corresponding Reductions In Lessee’s Annual Rent From $585,525, To $574,125,
And In The Charge Of Common Area Maintenance (CAM) From $100,370 Per Year, To
$98,850 Per Year. Joint City Commission & Redevelopment Agency
(Real Estate, Housing & Community Development)
ACTION: Item heard in conjunction with item R7B. Resolution No. 583-2012
adopted. Motion made by Board Member Weithorn; seconded by Board Member Libbin;
Voice vote: 6-0; Absent: Board Member Wolfson. Anna Parekh to handle.
End of RDA Agenda
Meeting adjourned at 7:42:21 p.m.