20120321 AAAfteraction March 21, 2012 City of Miami Beach
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City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
March 21, 2012
Mayor Matti Herrera Bower
Vice-Mayor Jerry Libbin
Commissioner Jorge R. Exposito
Commissioner Michael Góngora
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jorge M. Gonzalez
City Attorney Jose Smith
City Clerk Robert E. Parcher
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's Office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Att orney.
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.
City Clerk’s Note: The Commission Meeting was adjourned at 11:51:25 a.m. in order to call to order
the Commission Workshop on Historic Preservation. The Commission Meeting was reconvened at
11:51:04.
PA1 Certificates Of Recognition/11th Annual Tour Of MB Residential Gardens. (Exposito)
PA2 Certificate Of Appreciation/Assistant State Attorney Santiago Aroca, (Exposito)
PA3 Proclamation/DecoBike, To Celebrate Their One Year Anniversary. (Exposito)
PA4 Proclamation/Bioplanet USA, Women’s International Zionist Org. And J. Oldenburg. (Weithorn)
PA5 Certificate Of Recognition/Gabriel Cooper, Nautilus Middle School Student. (Wolfson)
PA6 Certificate Of Recognition/V and E Restaurant Group (Espanola Way). (Wolfson)
PA7 Certificates Of Appreciation/Johnny LaPonzina And Jeffery Hunt. (Wolfson)
PA8 Certificate Of Appreciation/Elizabeth Wheaton Of Public Works/Environmental. (Wolfson)
PA9 Beautification Awards To Be Presented. (Bower)
PA10 Presentation/Civil Air Patrol By Miami Beach Cadet Squadron Captain Linus Osorio. (Bower)
PA11 Proclamation/Retiring Fire Chief Eric Yuhr For Years Of Service. (Bower)
PA12 Certificates Of Recognition/SOIL Committee And Ecology Club From MBSH. (Góngora)
PA13 Certificate Of Recognition/David's Café, Contribution To The City Of Miami Beach. (Góngora)
C2A Issue RFQ, Professional Engineering Services, ROW Capital Improvement Projects.
C2B Issue RFP, Auditing Services To Examine The City’s Basic Financial Statements.
C2C Issue RFP, Acquisition Of A Mobile And Handheld LPR Parking Enforcement System.
C2D Award Contracts, Purchase Spitter Tickets, Scratch-Off Hang Tags/Two Part Tickets.
C2E Award Contracts, Purchase Athletic Uniforms For Parks And Recreation Department.
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C2F Award Contracts, Asphaltic Concrete Materials/Striping Of City Streets And Parking Lots.
C2G Issue RFP, Installation Of Citywide ATM’s At Various City-Owned Properties/Facilities.
C2H Issue RFP, Management Of Food And Beverage Concessions In The City’s Parks.
C4A Ref: FCWPC - Assign Funds, Place Fence Around S. Pointe Park Tot Lot. (Exposito)
C4B Ref: FCWPC - Normandy Shores Park. (Exposito)
C4C Ref: NCAC - Implement Campaign, Report Code/Non-Emergency PD Issues. (Weithorn)
C4D Ref: LUDC - Enforcement Of Short Term Rentals. (Weithorn)
C4E Ref: NCAC - 41st Street Life Safety Recommendations. (Weithorn)
C4F1 Ref: NCAC -Film Permits Guidelines-Residential Neighborhoods.(Bower/Weithorn/Libbin)
C4F2 Ref: NCAC - Amendments To The City’s Film And Print Permit Guidelines.
C4G Ref: NCAC - Tobacco-Free Zones In All City Parks And Outdoor Facilities. (Libbin)
C4H Ref: FCWPC - Renewal Of Current Management Agreement For The Botanical Garden.
C4I Ref: NCAC - Mass Transit Connectivity In Miami Beach And M-DC. (Tobin)
C4J Ref: NCAC - Prohibition Of Cat Feeding In Miami Beach City Parks. (Tobin)
C4K Ref: LUDC - Terminal Island Traffic Study And Circulation Study. (Góngora)
C4L Ref: FCWPC - Benefits Tax Inequality For Employees With Domestic Partners. (Bower)
C4M Ref: LUDC - Enhance Land Use Boards, Improve Building/Planning Process.(Góngora)
C4N Ref: LUDC - Restrict Destination Restaurants In South Of Fifth Neighborhood. (Bower)
C6A Report: Capital Improv. Projects Oversight Comm. Meeting On December 12, 2011.
C6B Report: Finance And Citywide Projects Committee Meeting On January 19, 2012.
C6C Report: Finance And Citywide Projects Committee On March 1, 2012.
C6D Report: Land Use And Development Committee Meeting On February 15, 2012.
C6E Report: Neighborhood/Community Affairs Committee Meeting On January 30, 2012.
C6F Report: Neighborhood/Community Affairs Committee On February 27, 2012.
C7A Submit Grant Applications To Various Funding Agencies.
C7B Approve Escrow Agreement With Jose R. Romero.
C7C Approve Settlement For City Liens On Property Owned By Museum Walk Apartments.
C7D Lift Moratorium And Set Public Hearing, Barbara Capitman Memorial. (Bower)
C7E Amend Resolution, Correct Error, Retroactively Approve An Event Parking Flat Rate.
C7F Execute Voluntary Cooperation/Operational Assistance Mutual Aid Agmt w/ FIU.
C7G Execute Agreement With New World Systems Corp., Software Enhanced Services.
C7H Grant Utility Easement To FPL, Flamingo Park Tennis Center.
C7I Execute Utility Design By FDOT, Design Of City-Owned Utilities Requiring Relocation.
C7J Re-Allocate Funds, Purchase Gate Security Cameras/Gate Arms For Normandy Shores.
C7K Execute Agreement, Middle Beach Recreational Corridor.
C7L Amend Contract With Professional Building Services, Citywide Janitorial Services.
C7M Issue Certification Of Consistency, City's Consolidated Plan To HACMB.
C7N Amend City’s 2008 Action Plan, Reprogram Homeless And Re-Housing Program Funds.
C7O Amend City’s 2008 Action Plan, Reprogram CDBG-R Funds.
C7P Accept Recommendation Of FCWPC, Waive Fees For Gay Pride 2012.
C7Q Execute MOU w/ Sunset Islands, Special Assessment District - Undergrounding Utilities.
R5A 10:15 a.m. 2nd Rdg, Amend Billing Procedure - Penalty For Late Utility Bills. (Wolfson)
R5B 10:30 a.m. 2nd Rdg, Continuances By Land Use Boards. (Wolfson)
R5C 10:35 a.m. 2nd Rdg, Recycling Ordinance. (Wolfson)
R5D 10:40 a.m. 2nd Rdg, Amend Energy Economic Development Zone Pilot Program.
R5E 10:45 a.m. 2nd Rdg, Short Term Rental Of Apartment Units Or Townhomes. (Exposito)
R5F 1st Rdg, Amend Agencies, Boards And Committees - Disability Access Comm. (Wolfson)
R5G 1st Rdg, Amend Several Code Chapters, Provide Civil Enforcement/Penalty Provisions.
R5H 1st Rdg, Vacant Storefront Screens And Signs. (Libbin)
R5I 1st Rdg, Rooftop Small Wind Turbines. (Tobin)
R5J 1st Rdg, Naming Of Public Facilities And Establishment Of Monuments Or Memorials.
R5K 1st Rdg, Amend Litter Ordinance. (Exposito)
R5L1 1st Rdg, AFSCME Local 1554 Cost-Of-Living Adjustment (COLA).
R5L2 1st Rdg, FOP William Nichols Lodge No. 8 Cost-Of-Living Adjustment (COLA).
R5L3 1st Rdg, IAFF Local 1510 Cost-Of-Living Adjustment (COLA).
R5L4 1st Rdg, CWA Local 3178 Cost-Of-Living Adjustment (COLA).
R5L5 1st Rdg, GSAF, OPEIU, Local 100 Cost-Of-Living Adjustment (COLA).
R5L6 1st Rdg, Others Cost-Of-Living Adjustment (COLA).
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R5M 1st Rdg, Unclassified Employees Cost-Of-Living Adjustment (COLA) Alternative A and B.
R5N 1st Rdg, Amend Unclassified Employees Salary Ordinance (Grade 26). (Wolfson)
R7A Approve Services Agreement With Zaha Hadid, Collins Park Garage Project.
R7B Appropriate Funds, Band Shell Park Master Plan Improvements/Flamingo Park Projects.
R7C Approve GMP By James B. Pirtle Construction, Flamingo Park Tennis Center Project.
R7D Send Sidewalk Café Application For Drexel Ave. And 16th Street Sidewalks To LUDC.
R7E Biscayne Point Neighborhood ROW Improvements Project.
R7F Consent To Appointment Of The New Fire Department Chief For CMB.
R7G Consent To Appointment Of The New Police Department Chief For CMB.
R9A Board And Committee Appointments.
R9A1 Board And Committee Appointments - City Commission Appointments.
R9A2 Reappoint Mayor Matti Herrera Bower To The Tourism Development Council. (Bower)
R9B1 12:30 p.m. Dr. Stanley Sutnick Citizen’s Forum.
R9B2 5:30 p.m. Dr. Stanley Sutnick Citizen’s Forum.
R9C Presentation By M-WSD, HDD Options At Government Cut Pipeline Relocation Project.
R9D Discuss: Create Task Force, Resolve Lack Of Health Services In MB Schools. (Libbin)
R9E Discuss: Mayor And Commission Aide’s Reclassification. (Tobin)
R9F Discuss: Appeal DRB Decision Of Not Permitting A Hedge In South Pointe Park. (Libbin)
R9G Report On The Washington Avenue Workshop Held On February 22, 2012.
R9H Discuss: Join An Amicus Brief Re: Immigration Case - Arizona V. United States. (Bower)
R10A City Attorney’s Status Report.
R10B Closed Attorney-Client Session: Museum Walk Apartments V. CMB.
R10C Notice Of Closed Executive Session: Discussion Relative To Collective Bargaining.
Reports and Informational Items (see LTC 071-2012)
Meeting called to order at 9:42:15 a.m.
Inspirational Message given by Pastor Robert Fountain from Calvary Chapel.
The Miami Beach Cadet Squadron Civil Air Patrol Honor Guard presented the colors. (See PA10)
Pledge of Allegiance led by Laura Jamieson.
SUPPLEMENTAL MATERIAL 1:
R5N – Ordinance, R7F – Memorandum, R7G – Memorandum, R9C – Additional Information, and
R9G – Memorandum
SUPPLEMENTAL MATERIAL 2:
R7E – Memorandum and Resolution, R7G – Additional attachment, R9A2 – Resolution, R9H -
Resolution
ADDENDUM 1 and ADDENDUM 2:
Motion made by Commissioner Wolfson to add items C4O and R9I to the Agenda as emergency
items; seconded by Commissioner Exposito; Voice vote: 6-0; Absent: Commissioner Weithorn.
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Presentations and Awards
10:48:52 a.m.
PA1 Certificates Of Recognition To Be Presented To The Participants In The 11th Annual Tour Of
Miami Beach Residential Gardens.
(Requested by Commissioner Jorge R. Exposito)
ACTION: Certificates presented.
Commissioner Exposito explained the item. He recognized individuals who participated in the tour
this year: Mr. and Mrs. Graham Walsh, Mr. and Mrs. Steve Dudley and Heidi Stachel-Dudley, Dr.
David Acosta, Mr. and Mrs. Edward and Linda Villella, Dr. and Mrs. Jack Lord. Mr. and Mrs.
James and Monica Goldsmith and Domaine Delapaine.
Laura Jamieson, Executive Director, Miami Beach Garden Center, expressed her gratitude to all
participants.
Vice-Mayor Libbin encouraged people to visit the renovated Botanical Garden.
Handout or Reference Materials:
1. List of recipients
10:31:28 a.m.
PA2 Certificate Of Appreciation To Be Presented To Assistant State Attorney Santiago Aroca, For His
Hard Work And Willingness To Go Above And Beyond For Our Residents And Visitors To Our
City.
(Requested By Commissioner Jorge R. Exposito)
(Deferred from February 8, 2012)
ACTION: Certificate presented.
Commissioner Exposito introduced the item and recognized Mr. Aroca, who is in constant
assistance to the City anytime of the day or night. Mr. Aroca has solely assisted the Miami Beach
Police Department in the prosecution of crime with the State Attorney’s Office and has ensured
that when something wrong occurs, those individuals are prosecuted. He is truly an essential
piece in providing safety to this community.
Ray Martinez, Assistant Chief of Police, explained that Mr. Aroca never hesitates to respond
when needed and he expressed his gratitude for his dedication.
Assistant State Attorney Santiago Aroca spoke.
Handout or Reference Materials:
1. List of recipients
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11:05:02 a.m.
PA3 Proclamation To Be Presented To DecoBike To Celebrate Their One Year Anniversary.
(Requested by Commissioner Jorge R. Exposito
On Behalf of the Mayor and Commission)
ACTION: Proclamation presented.
Commissioner Exposito recognized DecoBike on behalf of Mayor Bower and the City
Commission on their first anniversary for their program and the national recognition that the City
and DecoBike have received. The program has had a great success in the community benefitting
the environment and residents’ quality of life. He proclaimed today “DecoBike Day” in the City of
Miami Beach.
Bonifacio Diaz spoke.
Colby Reese thanked the City Commission for the recognition and stated he is excited to see the
results. He recognized the riders and members, Miami Beach Chamber of Commerce, the
Greater Miami Visitors and Convention Bureau and the Greater Miami Beach Hotel Association;
Gabrielle Redfern, South Florida Bike Coalition, and friends at the Police Department for the
resulting low rate of vandalism and theft.
Vice-Mayor Libbin announced that in recognition of Earth Day, there will be a Charitable Bike
Ride on Saturday, March 25th and in the afternoon the Sustainability Committee will have a
beach cleanup day at Lummus Park around 2:30 p.m.
Handout or Reference Materials:
1. List of recipients
PA4 Proclamation To Be Presented To Bioplanet USA And To Women’s International Zionist
Organization And A Certificate To John Oldenburg For Their Participation In The Women's
International Zionist Organization (WIZO) Tree Planting Event That Took Place On February 5th.
(Requested by Commissioner Deede Weithorn)
ACTION: Item deferred.
10:28:08 p.m.
PA5 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)
(Deferred from February 8, 2012)
ACTION: Certificate presented.
Commissioner Wolfson introduced the item and stated that Gabriel Cooper in January 2012
helped save the life of a school cross guard and for his heroic efforts he is being recognized on
behalf of his colleagues.
Gabriel Cooper explained how he assisted the crossing guard and saved her life by calling 911.
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10:52:34 a.m.
PA6 Certificate Of Recognition To Be Presented To V & E Restaurant Group (Espanola Way).
(Requested By Commissioner Jonah Wolfson)
(Deferred from February 8, 2012)
ACTION: Certificate presented.
Commissioner Wolfson introduced the item and stated that their investment in the City is
appreciated.
Earl Campos de Vine spoke.
10:36:36 a.m.
PA7 Certificates Of Appreciation To Be Presented To Johnny LaPonzina, President, Professional
Course Management (PCM) And Jeffery Hunt, Tournament Director, In Recognition Of The
Success Of The First Annual South Beach International Amateur Golf Tournament Hosted At The
City’s Normandy Shores And Miami Beach Golf Clubs On December 18 - 23, 2011.
(Requested By Commissioner Jonah Wolfson)
ACTION: Certificates presented.
Commissioner Wolfson introduced the item and explained that Mr. LaPonzina, Miami Beach Golf
Club Manager, and Mr. Hunt, are nationally recognized for their management success, but also
have helped create positive tourism in the community and have attracted attention for athletics
with the first annual South Beach International Amateur Golf Tournament. The tournament was a
great success due in part to the efforts by Mr. Hunt and he thanked and recognized them on
behalf of the City Commission.
Johnny LaPonzina stated that one of their goals was to bring a major international event to Miami
Beach, and by bringing Mr. Hunt as Director of Marketing to their team, they were able to bring
this annual event, which brought 30 State representatives, 30 countries represented, and
attracted top amateurs in the world. The event attracted a tremendous amount of hotel tourism
and put Miami Beach on the map as a championship caliber through the United States and the
City Commission recognized their efforts.
11:10:10 a.m.
PA8 Certificate Of Appreciation To Be Presented To Elizabeth Wheaton Of Public Works/
Environmental, For Her Hard Work And Dedication.
(Requested by Commissioner Jonah Wolfson)
ACTION: Certificate presented.
Commissioner Wolfson introduced Ms. Wheaton and explained the important work that she does,
in particular, in protecting the dune system and the beaches. He thanked her and acknowledged
her hard work.
Elizabeth Wheaton spoke.
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9:48:08 a.m.
PA9 Beautification Awards To Be Presented To St. Joseph Patron Of Universal Church, St. Patrick
Catholic Church, Miami Beach Hispanic Community Center, New World Symphony, Soundscape
Park, Herzog Garage Lincoln Plaza, And Temple Beth Sholom, In Recognition Of Their
Commitment To Maintaining Their Property With The Highest Standards Of Care And Attention
To Outward Appearance.
(Requested by Mayor Matti Herrera Bower)
ACTION: Beautification Awards presented.
John Oldenburg, Assistant Director, Parks and Recreation Department, introduced the item.
Terry Blechman, Beautification Committee member, presented the 2011 Beautification Awards
and thanked Ed Tobin for appointing her to the committee.
Dr. Dan Nixon presented the award to the New World Symphony, SoundScape Park, Herzog
Garage Lincoln Plaza; Robert Wennett accepted the award. He thanked the City Commission,
Jorge Gonzalez, City Manager, and Fred Beckmann and his staff for working with them on this
project and making it happen.
Lucero Levy presented the award for the Miami Beach Hispanic Community Center and Margarita
Cepeda accepted the award for UNIDAD; Raymond Adrian spoke.
Silvia Rotbart presented the award to St. Patrick Catholic Church and Mr. Steven Wilson
accepted the award on behalf of Monsignor John Vaughan.
Maria Koller presented the award to St. Joseph Church, and Juan Sosa, Pastor from St. Joseph
Patron Of Universal Church, accepted the award.
Moni Cohen and Lidia Resnick presented the award for Temple Beth Sholom of Miami Beach,
and Alice Miller, FTA, Executive Director, Mark Baranek, Director of Education & Youth, accepted
the award and recognized Saul Gross for his support.
New Item:
10:17:50 a.m.
On a sad note, Mayor Bower announced the passing of Urban Forester Christopher Latt. She requested
a moment of silence in his memory.
Kevin Smith, Director of Parks and Recreation, gave a brief background summary of his
accomplishments during his employment with the City.
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9:43:57 a.m.
PA10 Presentation On Civil Air Patrol By Miami Beach Cadet Squadron Captain Linus Osorio.
(Requested by Mayor Matti Herrera Bower)
ACTION: Presentation given.
Captain Linus Osorio, CAP, Squadron Commander, spoke.
11:14:37 a.m.
PA11 Proclamation To Be Presented To Retiring Fire Chief Eric Yuhr For Years Of Service.
(Requested by Mayor Matti Herrera Bower)
ACTION: Proclamation presented.
Jorge Gonzalez, City Manager, introduced the item, and stated that this is a celebration of 25
year career in service with the City of Miami Beach. Eric began in 1987 as a Firefighter I and
promoted himself through the ranks, showing leadership and skills in the organization. In 2007
he was promoted to Fire Chief and has done a tremendous job ensuring the safety and well being
of the community. Eric will be retiring at the end of the month after a distinguished career. In
addition to being a Fire Chief and serving in various capacities for 25 years, he is also a US Army
veteran. This community owes Eric a debt of gratitude for saving so many lives. He wished him
success in his future endeavors and he will be missed.
Eric Yuhr, Fire Chief, thanked the City, his previous Chiefs for mentoring him, and recognized
Javier Otero for becoming the first Colombian Fire Chief in the State of Florida.
Mayor Bower recognized former Fire Chief Jordan in the audience.
Adonis Garcia spoke.
10:20:15 a.m.
PA12 Certificates Of Recognition To Be Presented To The SOIL Committee And The Ecology Club
From Miami Beach Senior High For The Participation And Dedication In 2012 ECO-Week.
(Requested by Commissioner Michael Góngora)
ACTION: Certificates presented.
Commissioner Góngora introduced the item and recognized Ecology Club members and young
activists from Miami Beach High School for their participation: Sebastian Barriga, Mackenzie
Bough, Andrew Canfield, David Canfield, Mariana Keene, Ricardo Masias, Belen Mella (intern
with the Mayor’s Office), Karina Munoz, Cynthia Nunez, Emiliano Nunez, Leah Pacleb, Estefania
Parada, Julieta Rodrigo, Tiffany Semacio, Rhonda Sneij, Joselyn Turck, Esteban Valencia, Diego
Varona, and Mary Young.
Mayor Bower stated that the City staff, the City Commission and the schools have worked very
hard to become International Baccalaureate, and recognized all schools involved in the program.
Discussion held.
Vice-Mayor Libbin announced that the Miami Beach Chamber of Commerce will be presenting
$9,000 donation to help offset the cost of training of the teachers at the next Commission
Meeting.
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10:43:06 p. m.
PA13 Certificate Of Recognition To Be Presented To David's Cafe For Their Long Standing
Contribution To The City Of Miami Beach.
(Requested by Commissioner Michael Góngora)
ACTION: Certificate presented.
Commissioner Góngora introduced the item.
Alfredo Gonzalez, Sr., thanked the City Commission for the recognition.
Adrian Gonzalez spoke.
New Item:
10:55:52 a.m.
PA14 Certificates of Recognition/David James Senior Placement Program
(Requested by Commissioner Jonah Wolfson)
ACTION: Certificate presented.
Commissioner Wolfson introduced the item and asked David James to come forward and share
his success story.
David James stated that through UNIDAD, he was able to find a wonderful job at the Miami
Beach Garden Center.
Laura Jamieson, Executive Director, Miami Beach Botanical Garden, stated that James began
working during the renovation and once the garden opened he was asked to work full-time and
there have been a lot of positive changes in his personal life and at the same time making
contributions to the City with his work.
Mara Mignardi from UNIDAD, explained that Mr. James was in need of help, he was homeless,
and had no hope to find a job, being 60 years old and African-American, it was very tough to find
hope, but thanks to the mentoring of Raymond Adrian, in UNIDAD, he has a job, he just bought
his first car and is renting his apartment. She thanked the City Commission for their support and
Laura Jamieson for her involvement.
Raymond Adrian from UNIDAD spoke.
CONSENT AGENDA
ACTION: Motion made by Vice-Mayor Libbin to approve the Consent Agenda; seconded by
Commissioner Góngora; Voice-vote: 6-0; Absent: Commissioner Weithorn.
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C2 - Competitive Bid Reports
C2A Request For Approval To Issue A Request For Qualifications For Professional Engineering
Services On An “As-Needed Basis,” To Provide Construction Management Support For Right-Of-
Way Capital Improvement Projects.
(Capital Improvement Projects)
ACTION: Request authorized. Gus Lopez to issue the RFQ. Fernando Vazquez to handle.
C2B Request For Approval To Authorize The Issuance Of A Request For Proposals (RFP) For
Auditing Services To Examine The City’s Basic Financial Statements Included In The City’s
Comprehensive Annual Financial Report (CAFR), Federal Grant Programs And State Projects
(OMB A-133 Single Audit), The Miami Beach Redevelopment Agency’s Basic Financial
Statements (RDA), The Parking Systems Fund’s (PSF) Financial Statements, The Miami Beach
Visitor And Convention Authority’s (VCA) Financial Statements, The Miami Beach Convention
Center Financial Statements, The Building Better Communities Bond Program (BBC) The
Children Trust Grant Program (CT), And The Safe Neighborhood Parks And Bond Program
(SNP).
(Finance Department)
ACTION: Request authorized. Gus Lopez to issue the RFP. Patricia Walker to handle.
C2C Request For Approval To Issue A Request For Proposals (RFP) For The Acquisition Of A Mobile
And Handheld License Plate Recognition (LPR) Parking Enforcement System.
(Parking Department/Information Technology/Procurement)
ACTION: Request authorized. Gus Lopez to issue the RFP. Saul Frances and Gladys
Gonzalez to handle.
C2D Request For Approval To Award Contracts To The Lowest And Best Bidders For Groups 1
Through 5 As Follows: Group 1 To Nagels North America, LLC, Group II To Weldon, Williams &
Lick, Inc., Group III To Toledo Ticket, Co., And Group IV And V To Rydin Decal, In The Estimated
Annual Amount Of $65,500 For Fiscal Year 2011/2012, And $160,000 Annually For Subsequent
Fiscal Years, Pursuant To Invitation To Bid (ITB) No. 06-11/12, For The Purchase Of Spitter
Tickets, Scratch-Off Hang Tags And Two Part Tickets.
(Parking Department/Procurement)
ACTION: Request authorized. Saul Frances to handle.
C2E Request For Approval To Award Contracts To The Lowest And Best Bidders For Line Items 1
Through 6 Pursuant To Invitation To Bid (ITB) No. 07-11/12, For The Purchase And Delivery Of
Athletic Uniforms For The Parks And Recreation Department: Items 1, 2, 4, And 5, To Matty’s
Sports, Inc.; Item 3 To Unicommerce, And Item 6 To Riddell In The Total Estimated Annual
Amount Of $40,299.50.
(Parks & Recreation/Procurement)
ACTION: Request authorized. Kevin Smith to handle.
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C2F Request For Approval To Award Contracts Pursuant To Invitation To Bid (ITB) No. 15-11/12, For
Concrete Curbing/Sidewalk Construction, Purchase Of Asphaltic Concrete/Related Materials, And
Striping Of City Streets And Parking Lots; Awards Shall Be Based On Firms’ Unit Prices As
Follows: Group I: For Concrete Curbing/Sidewalk Construction, Team Contracting, Inc.; Group II:
For Milling And Resurfacing Of Asphalt Concrete And The Purchase Of Asphaltic-Related
Materials, Metro Express, Inc.; Group III: For Asphaltic Concrete/Related Material To Be Picked
Up Or Delivered To The City, H & R Paving, Inc.; And Group IV: For Striping Of City Streets And
Parking Lots, H & R Paving, Inc. In The Estimated Annual Amount Of $550,004.
(Public Works/ Procurement)
ACTION: Request authorized. Fred Beckmann to handle.
C2G 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)
(Deferred from February 8, 2012)
ACTION: Request authorized as amended via Corrections. Gus Lopez to issue the RFP.
Anna Parekh to handle.
Amendment:
Page 82, Required Submittals section, delete 2nd paragraph:
“Be on a list of Qualified Public Depositories as designated by the Office of State Treasurer, and
as required by the Florida Security of Public Deposits Act, Chapter 280, Florida Statutes.”
End
6:52:19 p.m.
C2H Request For Approval To Issue A Request For Proposals (RFP) For The Management And
Operation Of Food And Beverage Concessions In The City’s Parks.
(Real Estate, Housing & Community Development)
ACTION: Item separated for discussion by Vice-Mayor Libbin. Request authorized as
amended. Motion made by Vice-Mayor Libbin; seconded by Commissioner Wolfson; Voice vote;
4-0; Absent: Commissioners Góngora, Tobin and Weithorn. Gus Lopez to issue the RFP. Anna
Parekh to handle.
Amendment:
Issue the RFP. After reviewing the RFP responses determine how to handle the Normandy Pool
concession.
End
Vice-Mayor Libbin asked that the current vendor, who has operated the concession for a short
time and invested money, be given until the end of the year to recoup her investment.
Discussion held.
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C4 - Commission Committee Assignments
C4A Referral To The Finance And Citywide Projects Committee - Discussion Regarding Assigning
Funds For The Placement Of A Fence Around South Pointe Park Tot Lot Area.
(Requested by Commissioner Jorge R. Exposito)
ACTION: Referred. Patricia Walker to place on the committee agenda. Kevin Smith to
handle.
C4B Referral To The Finance And Citywide Projects Committee - Discussion On The Normandy
Shores Park At Its Existing Area Next To The Tennis Courts To Include A Vita Course
Equipment, Trees, Benches And An Open Area For Children To Run And Play And People To Sit
And Enjoy The View.
(Requested by Commissioner Jorge R. Exposito)
ACTION: Referred. Patricia Walker to place on the committee agenda. Kevin Smith to
handle.
C4C Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding The
Implementation Of A “See It, Report It” Campaign To Facilitate And Expedite The Reporting Of
Code Compliance And Non-Emergency Police Issues.
(Requested by Commissioner Deede Weithorn)
ACTION: Referred. Barbara Hawayek to place on the committee agenda. Hilda Fernandez to
handle.
C4D Referral To Land Use And Development Committee - Discussion Regarding The Enforcement Of
Short Term Rentals.
(Requested by Commissioner Deede Weithorn)
ACTION: Referred. Richard Lorber to place on the committee agenda and to handle.
C4E Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding The 41st
Street Life Safety Recommendations From The Committee For Quality Education.
(Requested by Commissioner Deede Weithorn)
ACTION: Referred. Barbara Hawayek to place on the committee agenda. Fred Beckmann to
handle.
City Clerk’s note:
1. Install a speed indicator at 41st Street and Alton Road
2. Move the crosswalk located on 41st and Garden to 41st and Jefferson as a result of the
request by the City to landscape and raise the medians along 41st Street and include in any
preliminary final decision representatives of the school community.
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C4F1 Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding The
Guidelines For Film Permits Issued In Residential Neighborhoods.
(Requested by Mayor Matti Herrera Bower,
Commissioner Deede Weithorn & Vice-Mayor Jerry Libbin)
ACTION: Referred. Barbara Hawayek to place on the committee agenda. Max Sklar to
handle.
C4F2 Referral To The Neighborhood/Community Affairs Committee - Proposed Amendments To The
City’s Film And Print Permit Guidelines.
(Tourism & Cultural Development)
ACTION: Referred. Barbara Hawayek to place on the committee agenda. Max Sklar to
handle.
C4G Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding A
Resolution To Establishing And Designating Tobacco-Free Zones In All City Parks And Outdoor
Recreational Facilities.
(Requested by Vice-Mayor Jerry Libbin)
ACTION: Referred. Barbara Hawayek to place on the committee agenda. Kevin Smith to
handle.
C4H Referral To The Finance And Citywide Projects Committee - Discussion Regarding A Renewal Of
The Current Management Agreement Between The City Of Miami Beach And The Miami Beach
Garden Conservancy For The Management And Operation Of The Botanical Garden; As Well As
A Proposal To Increase The Rental Rates For Use Of The Facility.
(Real Estate, Housing & Community Development)
ACTION: Referred. Patricia Walker to place on the committee agenda. Anna Parekh to
handle.
C4I Referral To The Neighborhood/Community Affairs Committee – Discussion Regarding Mass
Transit Connectivity Within Miami Beach And With Miami-Dade County.
(Requested by Commissioner Edward L. Tobin)
ACTION: Referred. Barbara Hawayek to place on the committee agenda. Fred Beckmann to
handle.
C4J Referral To The Neighborhood/Community Affairs Committee – Discussion Regarding Prohibition
Of Cat Feeding In Miami Beach City Parks.
(Requested by Commissioner Edward L. Tobin)
ACTION: Referred. Barbara Hawayek to place on the committee agenda. City Attorney’s
Office and Kevin Smith to handle.
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C4K Referral To The Land Use And Development Committee - Discussion Regarding The Terminal
Island Traffic Study And Circulation Study.
(Requested by Commissioner Michael Góngora)
ACTION: Referred. Richard Lorber to place on the committee agenda and to handle.
C4L Referral To The Finance And Citywide Projects Committee - Discussion Regarding A
Recommendation By The GLBT Committee To Address The Issue Of The Benefits Tax Inequality
For City Employees With Registered Domestic Partners Versus Legally Married Spouses.
(Requested by Mayor Matti Herrera Bower)
ACTION: Referred. Patricia Walker to place on the committee agenda. Ramiro Inguanzo
to handle.
C4M Referral To The Land Use And Development Committee - Discussion On Ways To Enhance The
Land Use Boards Of Miami Beach In Order To Improve The Building And Planning Department
And Processes.
(Requested by Commissioner Michael Góngora)
ACTION: Referred. Richard Lorber to place on the committee agenda. Jorge Gomez to
handle.
C4N Referral To The Land Use And Development Committee - Discussion Regarding The Possibility
Of Restricting Destination Restaurants In The South Of Fifth Neighborhood.
(Requested by Mayor Matti Herrera Bower)
ACTION: Referred. Richard Lorber to place on the committee agenda and to handle.
11:25:19 a.m.
Addendum Materials 1
C4O Referral To The Finance And Citywide Projects Committee – Discussion Regarding Placing A
Referendum Item On The Next Available Ballot To Increase The Miami Beach Resort Tax On
Hotel Rooms By One Additional Penny To Support The Enhancement And Expansion Of The
Miami Beach Convention Center.
(Requested by Mayor Matti Herrera Bower)
ACTION: Item separated for discussion by Mayor Bower and Commissioners Exposito
and Tobin. Referred. Motion made by Commissioner Góngora to refer a discussion to the
Finance and Citywide Projects Committee with a vote of confidence; seconded by Commissioner
Wolfson; Voice vote 6-0; Absent: Commissioner Weithorn. Patricia Walker to place on the
committee agenda. Hilda Fernandez to handle.
Wendy Kallergis, Greater Miami and The Beaches Hotel Association, spoke.
Raj Singh, upcoming President of the Greater Miami and The Beaches Hotel Association, spoke.
Stu Blumberg, Chairman of the Convention Center Advisory Board, spoke.
Frank Del Vecchio spoke.
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William D. Talbert III, President & CEO, Greater Miami Convention & Visitors Bureau, spoke and
explained that this is not a tax on the property owners but a fee on the visitors.
Aaron Tandy, Miami Beach Chamber of Commerce, stated that they would like to have a vote of
confidence from the City Commission.
Mayor Bower stated that the City Commission needs to make a commitment for this to happen.
Commissioner Tobin stated that he does not want to just refer but wants the Commission to make
a commitment to seek the voters’ approval.
Commissioner Wolfson would like to get more information on this issue at the Finance and
Citywide Projects Committee but he is inclined to support it.
Discussion held.
Commissioner Góngora clarified his motion and stated that the item is referred to the Finance and
Citywide Projects Committee with a vote of confidence and unless there is a valid reason to
reject, he is inclined to support seeking voter approval. He also stated that it is important that the
hotel industry is present and supportive of the fee.
Vice-Mayor Libbin stated that this is single most important project facing the City and suggested
that the City Manager also present the Administration’s vision at the committee meeting.
New item:
Mayor Bower recognized Carlos Martinez, Public Defender from the 11th Judicial Circuit and Judge
Shelley Kravitz.
MOVED FROM ITEM C7L via Corrections:
C4P A Resolution Approving Amendment No. 2 To The Contract Between The City And Professional
Building Services, Dated August 3, 2011, A Referral to the Finance and Citywide Projects
Committee For a Discussion Regarding Citywide Janitorial Services for an Amendment to Add
The Following Locations: Historic City Hall; Police Substation; North End Ocean Rescue
Headquarters; And Beachfront Restrooms; And Increasing The Contract, In The Amount Of
$17,473.74 Per Month.
ACTION: Referred to Finance and Citywide Projects Committee. Patricia Walker to place
on the committee agenda. Fred Beckmann to handle.
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C6 - Commission Committee Reports
C6A Report Of The Capital Improvement Projects Oversight Committee Meeting On December 12,
2011: 1) Attendance. 2) Review And Acceptance Of Minutes. 3) Approval Of 2012 Meeting Dates.
4) Accomplishments. 5) Public Comments. 6) Old Business/Requested Reports: 6A) Status
Report: Normandy Isle; 6B) Status Report: Sunset Island I & II; 6C) Status Report: Sunset Island
III & IV; 6D) Status Report: Lower North Bay Road; 6E) Status Report: Par 3 Golf Course; 6F)
Attachment B - Action Item #2 (Water Meter Relocation Coordination); 6G) Status Report:
Venetian Islands; 6H) Status Report: Stormwater Master Plan/Re-Engineering Of Sunset Harbor
Drainage; 7) Sunset Island I & II RPR Services.
ACTION: Report Accepted.
Item No. 1: Attendance
See attendance sheet copy attached.
Item No. 2: Review and Acceptance of Minutes
MOTION: Accept 2012 CIPOC meeting dates as presented in the agenda packet
MOVED: T. Trujillo 2nd: D. Kraai
PASSED: Unanimous
Item No. 3: Approval Of 2012 Meeting Dates
MOTION: Accept 2012 CIPOC meeting dates as presented in the agenda packet
MOVED: T. Trujillo 2nd: D. Kraai
PASSED: Unanimous
Item No. 4: Accomplishments
a. Approval of funding for CIP’s new website
Maria Palacios, Public Information Specialist, explained that a contract should be finalized
by January for Vision Internet, a company that specializes in government web sites, to
create and upload the customized CIP web site. The web site is expected to be online by
summer 2012.
b. New trees on Alton Road
Landscaping on Alton Road from South Pointe Drive to 4 Street is underway, new live oak
trees have been installed. 4 Street to 5 Street will follow.
c. Sunset Harbor garage structure progress
Contractor topped off the building with the completion of the fifth floor. Final completion of
the entire project is expected in summer 2012.
Stacy Kilroy asked on behalf of the Sunset Harbor neighborhood that the residents hold a special
meeting with the City to learn about future plans for the area. Saul Gross pointed out that this
would be a meeting for the Neighborhoods Committee or perhaps through the Planning
Department
Item No. 5: Public Comments
No one came forward with any concerns under public comments.
Item No. 6: Old Business/Requested Reports
Provide within the printed status reports highlighted areas that show any changes, progress or
issues since the printing of the last report.
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Item No. : 6A: Status Report: Normandy Isle
Mattie Reyes, Senior Capital Project Coordinator, explained that the lighting at Marseilles Drive is
to begin within two weeks of the CIPOC meeting. Crosswalk pavers are also to be installed on
Normandy Drive, pending one more signature.
Item No. 6B: Status Report: Sunset Island I & II;
Provide schedule and phasing information to the Sunset Island I & II residents.
Item No. 6C: Status Report: Sunset Island III & IV
Once negotiations are complete, staff will return to the Commission for approval of the Design
Criteria fee.
Item No. 6D: Status Report: Lower North Bay Road
Maria Hernandez told the Committee that a pre-construction conference was held on December
5with the contractor. Staff is awaiting a final schedule from the contractor (TransFlorida). The
project will begin in early January. In this particular project, the contractor will install both the
water lines and the stormwater components at the same time, which is not common practice.
Item No. 6E: Status Report: Par 3 Golf Course
MOTION: Recommend approval by the Mayor and City Commission to enter into pre-construction
services agreement with QGS Development, Inc. for the Par3 Golf Course project.
MOVED: C. Cuervo 2nd: S. Kilroy
PASSED: Unanimous (With provisos of recommendations to include peer review by a contracting
firm with golf course experience and to negotiate the pre-construction services fee to be applied
toward construction.
STAFF ACTION: Staff to advise Commission of CIPOC recommendation to retain a cost
consultant once the City negotiates the GMP for the Par3 Golf Course project, by a professional
firm that has experience building golf courses.
STAFF ACTION: Inform Commission that CIPOC recommended Negotiating all or a portion of the
pre-construction services fee to be applied against the construction contract.
Item No. 6F: Attachment B - Action Item #2 (Water Meter Relocation Coordination)
Include information about the warranty period in the letter that goes out to residents about the
water meter relocations.
Item No. 6G: Status Report: Venetian Islands
David Martinez, Acting Assistant Director for CIP, stated that the plans went back to Schwebke
Shiskin so that the consultant could re-evaluate the cost estimate. Staff will receive the revised
opinion of cost from the consultant by the end of December. The drawings must be sent through
the Public Works Department and other regulatory agencies. CIP is allowing 30 days for that
process because of the holidays. The bid will be advertised and award is expected in late March
2012.
Roberto Rodriguez, the Capital Project Coordinator for the Venetian Island project, said that the
Venetian Islands HOA held a meeting that was attended by City and County representatives. The
County made a presentation, and explained that their project on the Causeway is delayed. They
expect to continue construction with major components through May of 2012. The work will then
be followed by landscaping using their own forces. Community Asphalt said that they
encountered more FPL utility conflicts than anticipated, and FPL is not responding in a timely
manner.
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Eleanor Carney asked if the City had any additional information about using the People’s
Transportation Plan funding to help toward the budget for the Venetian Islands CIP project. Public
Works still has the money encumbered, and it has been suggested as a possible source of
funding for the next budget cycle, but at this time, the availability and use of those dollars for
anything other than for what the funds are already encumbered have not been determined. The
City continues to look into this possibility.
Greg Carney, President of the Venetian Islands HOA, said that Tony Moreno of the County spoke
with the HOA at their quarterly meeting and gave the same information that Roberto Rodriguez
reported above. Commissioner Sally Heyman spoke with Mr. Carney and her office is trying to
help the HOA by pushing the County project forward. Membership is concerned that the County
delays will adversely affect the CIP project both in timeline and in keeping costs down. They are
also concerned that scope will be reduced from what was promised. Fernando Vazquez assured
Mr. Carney that the purpose of Value Engineering was to keep the intent and scope of design
without compromise.
Mr. Carney has informed the membership that encroachment letters will be coming. Mr. Vazquez
reiterated that the notifications for other neighborhoods that are already in the construction phase
have to go out first, before the notifications for Venetian Islands. The Venetian project is still in the
design phase and the City does not typically send out the encroachment notifications until the
contractor has 100% plan documents. The engineering team can work with the contractor on
identifying the unavoidable removals versus those encroachments that may be able to stay of
they do not directly interfere with construction, safety or specific regulations. Mr. Carney’s
concern is that residents have sufficient time to “contemplate” the encroachment and possible
removal.
Stacy Kilroy pointed out that residents could look at where utility lines are located. From that point
to the street would be a good indication of where items would be considered encroachments.
Mr. Carney again voiced that the Homeowners Association is concerned about the County
planting coconut palms in the medians on the causeway. This is a County issue.
Some Venetian Island residents have been receiving code violations for unkempt swales on the
causeway. This should not be a code enforcement issue, according to Mr. Carney, based on the
agreement with the County. This is not a CIP issue. County Commissioner Heyman’s office is
also trying to assist with this item.
Lastly, Mr. Carney said that the “welcome” sign has been unlit for several weeks. Saul Gross
suggested that Mr. Carney place the complaint about the sign on the City’s web site feature
called “Web QA.”
Item No. 6 H: Status Report: Stormwater Master Plan/Re-Engineering Of Sunset Harbor
Drainage
Rick Saltrick, Acting City Engineer, stated that the City has scheduled a meeting with the City
Manager in early January. The Public Works Department also completed the analysis that FDOT
required for tying in to their system on Alton Road. The City proposes that the system tie in from
10 – 14 streets, having found that there are no gains in efficiency by tying in to the system on 5
Street. The proposed design has been submitted to FDOT for review. When all parties agree, the
City and FDOT will execute an agreement. The outfalls run from Flamingo west to the bay. Part of
the project includes stormwater storage structures that will retain water long enough to get the
FDOT system past its peak before the water enters their system on Alton Road and then travels
to the bay. This proposal saves some money as opposed to building new pump stations. The
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City is also discussing potential operation and maintenance of the Alton Road system, so that the
City has more control.
In February, Public Works hired consultants to create a design that meets the 5-yr/one-day
criteria for stormwater in the Sunset Harbor neighborhood, using the latest stormwater master
plan data. DERM requested additional information, which the City has resubmitted, and a permit
should be signed soon. With the DERM permit, the City will then go to the Department of
Environmental Protection (DEP – State Agency). Public Works is now speaking with Ric-Man
International to be a JOC contractor for the replacement of the Sunset Harbor neighborhood
stormwater system.
Dwight Kraai asked what was done wrong by the previous designer. Mr. Saltrick says that it
seems that the system was designed with insufficient capacity. They used existing wells, which
have deteriorated. The increase in tidal levels and a conveyance system that fell short of need
also contributed to the faulty performance. Three different pump stations are being installed (in
the same locations as existing stations).
Eleanor Carney asked if the City and the consultant have evaluated the piping in the system other
than the exfiltration pipes. Mr. Saltrick explained that point repairs are being made as part of the
project as needed.
Dwight Kraai asked if the electrical control panels could be decreased in size so as to be less
obtrusive. Mr. Saltrick explained that they have to be a certain height above the ground in order to
meet requirements should there be flooding (100-yr flood). Efforts are made to minimize the size
as much as possible.
Item No. 7: Sunset Island I & II RPR Services.
Include cost breakdown and matrix of expected services from consultants when this information is
presented to CIPOC and to the City Mayor and Commission.
MOTION: Recommend approval of item C7F for the December 14, 2011 Commission, directing
staff to execute a professional services agreement with Schwebke Shiskin for RPR services on
the Sunset Island I & II project.
MOVED: C. Cuervo 2nd: E. Carney
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C6B Report Of The Finance And Citywide Projects Committee Meeting On January 19, 2012: 1)
Follow Up: Report On The Number Of Business Tax Receipts (BTRS) Outstanding. 2) Discussion
Regarding Amendments To The Recycling Ordinance. 3) Discussion Regarding Towing Permits.
4) Discussion Of A Proposed Modification Of The Promissory Note Dated February 5, 2007,
Between MBCDC: Meridian Place, LLC, A Florida Limited Liability Corporation, To The Miami
Beach Redevelopment Agency; And To Discuss A Subordination Of The City’s Mortgages In
Favor Of A Mortgage Made By A Commercial Lending Institution. 5) Report On The Status Of FY
2010/11 Potential New Revenue Initiatives. 6) Request For Approval To Issue A Request For
Qualifications (RFQ) For A Fourth Solid Waste Franchise Contractor To Provide Commercial
Waste Collections And Disposal Services. 7) Discussion Concerning City Fees And Charges For
Gay Pride 2012. 8) Discussion Pertaining To The Issuance Of A Request For Proposals (RFP)
For Auditing Services For The City’s (CAFR), (OMB A-133 Single Audit), The Miami Beach
Redevelopment Agency’s Basic Financial Statements (RDA), (PSF), (VCA) Financial Statements,
The Miami Beach Convention Center, As Managed By Global Spectrum, Financial Statements,
The Children’s Trust Program, The Building Better Communities Bonds Program, And The Safe
Neighborhood Parks And Bond Program (SNP). 9) Discussion Regarding Property Assessed
Clean Energy (PACE) Program. 10) Discussion Pertaining To A Retail 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. 11) Discussion Pertaining To A Retail Lease Agreement With Groove Man
Entertainment, Inc. Involving Suites 1 Through 4 In The Anchor Shops, Located At 1550 Collins
Avenue, Miami Beach, Florida. 12) Discussion Regarding PAL's Refusal To Hand Over Public
Records.
ACTION: Report accepted as amended via Corrections.
Amendment:
Correction: Page 160, ACTION section, change the date from March 1, 2011 to March 1, 2012.
End
Item No. 1: Follow Up: Report On The Number Of Business Tax Receipts (BTRS)
Outstanding
The Committee requested quarterly updates be given via Letter to Commission (LTC).
City Clerk’s note: Patricia Walker to handle.
Item No.2: Discussion
Item Deferred
Item No. 3: Discussion Regarding Towing Permits
The Committee recommended that:
• the auditing and inspection provisions resemble the provisions in the Boucher Brothers
contract
• option 1 for resident discounts be put into the contract
• review the towing software and in-vehicle camera enhancements in one year
• Administration continue to negotiate with the Permittees regarding the number of hours a
vehicle is stored at no charge to the customer
• the item be brought to the full Commission
The Committee asked that the Permittees explain why credit cards and personal checks are not
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accepted when the item is brought to the full Commission and that a discussion regarding the
City’s towing policy be had.
City Clerk’s note: Saul Frances to handle.
Item No. 4: Discussion Of A Proposed Modification Of The Promissory Note Dated
February 5, 2007, Between MBCDC: Meridian Place, LLC, A Florida Limited Liability
Corporation, To The Miami Beach Redevelopment Agency; And To Discuss A
Subordination Of The City’s Mortgages In Favor Of A Mortgage Made By A Commercial
Lending Institution.
The Committee recommended that the item be brought to the full Commission and that the
funding chart be included as part of the memo.
City Clerk’s note: Anna Parekh to handle.
Item No. 5: Report On The Status Of FY 2010/11 Potential New Revenue Initiatives.
None Required
Item No, 6: Request For Approval To Issue A Request For Qualifications (RFQ) For A
Fourth Solid Waste Franchise Contractor To Provide Commercial Waste Collections And
Disposal Services
The Committee recommended that this item and the item regarding the Recycling Ordinance be
brought back to the March 1, 2011 Finance & Citywide Projects Committee Meeting.
City Clerk’s Note: March 1, 2011 should be March 1, 2012 ( See Correction Sheet)
Item No. 7: Discussion Concerning City Fees And Charges For Gay Pride 2012
Item Deferred
City Clerk’s note: See Agenda item C7P.
Item No. 8: Discussion Pertaining To The Issuance Of A Request For Proposals (RFP) For
Auditing Services For The City’s (CAFR), (OMB A-133 Single Audit), The Miami Beach
Redevelopment Agency’s Basic Financial Statements (RDA), (PSF), (VCA) Financial
Statements, The Miami Beach Convention Center, As Managed By Global Spectrum,
Financial Statements, The Children’s Trust Program, The Building Better Communities
Bonds Program, And The Safe Neighborhood Parks And Bond Program (SNP)
The Committee recommended moving forward with the issuance of a Request for Proposals
(RFP) for auditing services
City Clerk’s note: See Agenda item C2B.
Item No. 9: Discussion Regarding Property Assessed Clean Energy (PACE) Program
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Item Deferred
Item No. 10: Discussion Pertaining To A Retail 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
The Committee recommended that the item be brought to the Commission with the best deal.
City Clerk’s note: Anna Parekh to handle.
Item No. 11: Discussion Pertaining To A Retail Lease Agreement With Groove Man
Entertainment, Inc. Involving Suites 1 Through 4 In The Anchor Shops, Located At 1550
Collins Avenue, Miami Beach, Florida
The Committee recommended moving forward and bringing the item to the full Commission.
City Clerk’s note: Anna Parekh to handle.
Item No. 12: Discussion Regarding PAL's Refusal To Hand Over Public Records.
The Committee recommended that should the PAL not comply with the public records request to
the satisfaction of the City Attorney’s Office, a public hearing be scheduled to discuss what
measures should be taken including termination of funding.
C6C Report Of The Finance And Citywide Projects Committee On March 1, 2012: 1) Selection Of
Chair For Finance And Citywide Committee. 2) Discussion Concerning City Fees And Charges
For Gay Pride 2012. 3) Discussion Regarding Property Assessed Clean Energy (PACE)
Program. 4) Discussion Regarding Sanitizer Dispensers At City Facilities To Lessen Illness And
Increase Productivity. 5) Discussion Regarding The Issuance Of Request For Proposals (RFP)
For Catering And Concession Services For The Miami Beach Convention Center. 6) Ordinance
Amending Penalty Charges For Late Utility Bills. 7) Discussion Regarding Consideration Of A
Letter Of 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. 8) Discussion
Regarding Updates On The Collins Canal/Bike Path Project.
ACTION: Report Accepted.
Item No. 1: Selection Of Chair For Finance And Citywide Committee
The Committee elected Commissioner Deede Weithorn as Chair and Commissioner Jorge
Exposito as Vice-Chair of the Finance and Citywide Projects Committee for a one year term
ending January 2013.
Item No. 2: Discussion Concerning City Fees And Charges For Gay Pride 2012
The Committee recommended that a one year advance waiver be given for the Square Footage
and Lummus Park User Fees for Gay Pride 2012 and that Staff work with Pride representatives to
create criteria for future fee waivers.
City Clerk’s note: See Agenda Item C7P
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Item No. 3: Discussion Regarding Property Assessed Clean Energy (PACE) Program
The Committee recommended that the item be brought to the League of Cities in an effort to
create a coastal communities PACE district and that the item be brought to the full Commission
subject to the League of Cities creating the district.
City Clerk’s note: Fred Beckmann to handle.
Item No. 4: Discussion Regarding Sanitizer Dispensers At City Facilities To Lessen Illness
And Increase Productivity
The Committee recommended that hand sanitizer dispensers be installed at various City facilities.
City Clerk’s note: Fred Beckmann to handle.
Item No. 5: Discussion Regarding The Issuance Of Request For Proposals (RFP) For
Catering And Concession Services For The Miami Beach Convention Center
The Committee recommended:
• changing score weighting on Experience and qualifications and Past Performance based on
Client Surveys from 25% to 35%
• reducing the weight of Business and Creative Marketing Plan from 25% to 15%.
• including a food quality criterion in section B – Experience, qualifications and Past
Performance
• including asking proposers to include a detailed plan of how they will raise survey scores to
93% or above
• that the criteria be as defined or specific as possible as to avoid subjectivity
City Clerk’s note: Max Sklar to handle.
Item No. 6: Ordinance Amending Penalty Charges For Late Utility Bills
Item Deferred
Item No. 7: Discussion Regarding Consideration Of A Letter Of 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
The Committee recommended amending the Special Events Guidelines to reflect the Art Basel
Miami Beach Zone.
City Clerk’s note: Max Sklar to handle.
Item No. 8: Discussion Regarding Updates On The Collins Canal/Bike Path Project.
The Committee recommended that the item be discussed with the Capital Budget later this year.
City Clerk’s note: Fred Beckmann to handle.
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C6D Report Of The Land Use And Development Committee Meeting On February 15, 2012: 1)
Election Of Chair And Vice-Chair 2) An Ordinance Amending The Land Development Regulations
Of The City Code By Amending Chapter 118, “Administrative And Review Procedures,” Article II,
“Boards,” Division 2, “Planning Board,” Section 118-53, “Composition;” Division 3, “Design
Review Board,” Section 118-72, “Membership;” Division 4, “Historic Preservation Board,” Section
118-103, “Membership;” And 118-104, “Appointment;’ Division 5, “Board Of Adjustment,” Section
118-131, “Membership,” To Clarify The Qualifications And Categories Of Members To Be
Appointed To The City’s Land Use Boards. 3) Discussion On The Parking Requirement And How
We Can Incentivize For Good Hotel Development. 4A) Discussion Of Jurisdiction Of Land Use
Boards Over Appeals. 4B) Discussion Of Procedures For Obtaining Informal Opinions And
Formal Administrative Determinations From The Planning Director. 5) 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. 6) Use Of Legal Nonconforming Commercial Building In Single-
Family Districts. 7) Discussion Regarding Sidewalk Café Permits On The Drexel Avenue And
16th Street Sidewalks In Front Of The Retail Spaces Of The Park @ 420 Garage, Located At The
Corner Of 16th Street & Drexel Avenue. 8) Discussion Of An Ordinance Establishing The Miami
Beach Energy Economic Development Zone.
ACTION: Report Accepted.
Item No. 1: Election Of Chair And Vice-Chair
MOTION: Wolfson/Libbin – 3-0: Michael Góngora as Chair.
MOTION: Libbin/Gongora – 3-0: Jonah Wolfson as Vice-Chair.
Item No. 2: An Ordinance Amending The Land Development Regulations Of The City Code
By Amending Chapter 118, “Administrative And Review Procedures,” Article II, “Boards,”
Division 2, “Planning Board,” Section 118-53, “Composition;” Division 3, “Design Review
Board,” Section 118-72, “Membership;” Division 4, “Historic Preservation Board,” Section
118-103, “Membership;” And 118-104, “Appointment;’ Division 5, “Board Of Adjustment,”
Section 118-131, “Membership,” To Clarify The Qualifications And Categories Of Members
To Be Appointed To The City’s Land Use Boards
Richard Lorber introduced the item and explained that it clarified and broadened the categories
and qualifications of the members of the four Land Use Boards. Henry Stolar spoke. Gary Appel,
Charlie Urstadt and Nancy Liebman spoke regarding the Miami Dade Preservation League role
on the Historic Preservation Board.
The Committee went through each of the four Boards and discussed minor changes, as follows:
Historic Preservation Board: broaden Attorney licensed in Florida to licensed in the U.S.; Planning
Board: no change; Design Review Board: add to category IV “or resident with interest or
background in design issues; and Board of Adjustment: delete proposed change defining
Financial Consultant, keep attorney licensed in the State of Florida to conform with the City
Charter.
MOTION: Wolfson/Libbin (3-0). Move ordinance to Commission with changes referenced
above.
City Clerk’s note: Richard Lorber to handle.
Item No. 3: Discussion On The Parking Requirement And How We Can Incentivize For
Good Hotel Development
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Deferred to the March 28, 2012 meeting.
Item No. 4A: Discussion Of Jurisdiction Of Land Use Boards Over Appeals
Item was not reached.
Item No. 4B: Discussion Of Procedures For Obtaining Informal Opinions And Formal
Administrative Determinations From The Planning Director.
Item was not reached.
Item No. 5: 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.
Deferred
Item No. 6: Use Of Legal Nonconforming Commercial Building In Single-Family Districts
Deferred to the March 28, 2012 meeting.
Item No. 7: Discussion Regarding Sidewalk Café Permits On The Drexel Avenue And 16th
Street Sidewalks In Front Of The Retail Spaces Of The Park @ 420 Garage, Located At The
Corner Of 16th Street & Drexel Avenue
Libbin/Wolfson (3-D) Move to lift the stay on sidewalk café subject to the actual sidewalk café
application for the subject building being presented to the Land Use Committee for final review
and approval.
City Clerk’s note: Fred Beckmann to handle. See Agenda item R7D
Item No. 8: Discussion Of An Ordinance Establishing The Miami Beach Energy Economic
Development Zone
Wolfson/Góngora (2-0) Approve the ordinance.
City Clerk’s note: See Agenda item R5D.
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C6E Report Of The Neighborhood/Community Affairs Committee Meeting On January 30, 2012: 1)
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 Festival. 2) Follow-Up Discussion
Regarding The Lack Of Parking For Permit Paying Residents In The Flamingo Park Parking Lot
P-10. 3) Follow-Up Regarding A Proposal To Honor The Extensive Community Legacy Of
Stanley Levine With A Memorial Bench On Lincoln Road. 4) Quarterly Crime Statistics Report. 5)
Discussion Concerning The Special Events Ordinance. 6) Discussion Regarding Enforcement Of
Litter Laws To The Distribution Of Handbills On Ocean Drive, Possible Handbill-Free Zones, And
Possible Amendments Of Sidewalk Cafe Regulations To Address The Soliciting Of Restaurant
Business In The Public Rights Of Way, And Possible Requirements For Alcoholic Beverage
Establishments Regarding Open Containers. 7) Discussion Regarding A Potential Signage
Program Establishing Miami Beach As A Hate Free Zone. 8) Discussion Regarding 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. 9) Discussion
Regarding Incorporating Children With Master Artists (Ie: Wyland And Britto) To Raise Funds For
The Cultural Arts Council And College Scholarships. 10) Discussion Regarding One Or More
Satellite Art Fairs From Mid-Town To North Beach During The Week Of Art Basel.
ACTION: Report Accepted.
Item No. 1: 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 Festival
The Committee, by consensus, directed the Administration to incorporate guidelines addressing
private events on public property during high impact periods; to consider them on a case by case
basis to allow for them so long as they the City can accommodate them, it makes sense during
the time period and they are not a tremendous impact.
City Clerk’s note: Max Sklar to handle.
Item No. 2: Follow-Up Discussion Regarding The Lack Of Parking For Permit Paying
Residents In The Flamingo Park Parking Lot P-10
The Committee directed Mr. Frances to do a usage study of the number of spaces allocated for
the pilot program to determine if fewer are needed.
City Clerk’s note: Saul Frances to handle.
Item No. 3: Follow-Up Regarding A Proposal To Honor The Extensive Community Legacy
Of Stanley Levine With A Memorial Bench On Lincoln Road
The Committee moved to defer discussion until a future meeting of the Neighborhood/
Community Affairs Committee to allow Commissioner Tobin time to visit and review the site.
Item No. 4: Quarterly Crime Statistics Report
This is a quarterly report. Next report will cover January – March 2012.
Item No. 5: Discussion Concerning The Special Events Ordinance
The Committee unanimously moved to take these amendments to the City Commission after it is
vetted at a public meeting.
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City Clerk’s note: Max Sklar to handle.
Item No. 6: Discussion Regarding Enforcement Of Litter Laws To The Distribution Of
Handbills On Ocean Drive, Possible Handbill-Free Zones, And Possible Amendments Of
Sidewalk Cafe Regulations To Address The Soliciting Of Restaurant Business In The
Public Rights Of Way, And Possible Requirements For Alcoholic Beverage Establishments
Regarding Open Containers
The Committee made no motion as this discussion and proposed amendments will return to the
Neighborhood/Community Affairs Committee in March.
City Clerk’s note: Barbara Hawayek to handle.
Item No. 7: Discussion Regarding A Potential Signage Program Establishing Miami Beach
As A Hate Free Zone
Discussion deferred.
Item No. 8: Discussion Regarding 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
The Committee took no action; this was a status update between First and Second Reading.
City Clerk’s note: February 8, 2012 Commission Meeting – R5E .
Item No. 9: Discussion Regarding Incorporating Children With Master Artists (Ie: Wyland
And Britto) To Raise Funds For The Cultural Arts Council And College Scholarships
The Committee needed no action. This was informational only.
Item No. 10: Discussion Regarding One Or More Satellite Art Fairs From Mid-Town To
North Beach During The Week Of Art Basel.
The Committee recommended Administration work with Vice-Mayor Libbin to attract satellite Art
Fairs to North Beach and come back to the Neighborhood/Community Affairs Committee with an
update.
City Clerk’s note: See action of the Neighborhood/Community Affairs Committee On February 27,
2012 (Item 3).
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C6F Report Of The Neighborhood/Community Affairs Committee On February 27, 2012: 1) Selection
Of A Chair And Vice-Chair. 2) Follow-Up Report Concerning Quality Of Life Issues For West
Avenue. 3) Discussion Regarding One Or More Satellite Art Fairs From Mid-Town To North
Beach During The Week Of Art Basel. 4A) Discussion Regarding Enforcement Of Litter Laws To
Include The Distribution Of Handbills On Ocean Drive, Possible Handbill-Free Zones, And
Possible Amendments Of Sidewalk Cafe Regulations To Address The Soliciting Of Restaurant
Business In The Public Rights Of Way, And Possible Requirements For Alcoholic Beverage
Establishments Regarding Open Containers. 4B) Discussion Regarding The Use Of Plastic
Straws On The Beach. 5) Discussion Regarding The Miami Design Preservation League’s
Placement Of A Barbara Capitman Memorial Bust In Lummus Park. 6) Discussion Regarding
Muss Park Improvements And Seawall. 7) Discussion Regarding Sunrise Plaza And Beachwalk.
8) Discussion And Update On The Citywide Dunes Maintenance Plan. 9) Discussion Regarding
The Status Of The Major Event Plan For The Winter Music Conference And Spring Break. 10)
Discussion Regarding Parking At The Scott Rakow Youth Center.
ACTION: Report Accepted.
Item No. 1: Selection Of A Chair And Vice-Chair.
The Committee moved to select Commissioner Ed Tobin as Chairperson and Vice-Mayor Libbin
as Vice-Chairperson of the Neighborhood/Community Affairs Committee.
Item No. 2: Follow-Up Report Concerning Quality Of Life Issues For West Avenue
The Committee unanimously moved to direct the Administration to study the impact and cost of a
dedicated and protected bike lane on West Avenue. Additional action items included:
• Administration to look into considering the possibility of removing the parking spaces on the
east side of West Avenue in the north-bound direction between Lincoln Road and 17th Street.
and asked that Mr. Arthur Marcus be a part of this discussion (Requested by Commissioner
Tobin)
• Administration to look into finding parking options for residents on West Avenue (Requested by
Commissioners Libbin and Tobin)
• Administration to bring to the next Commission meeting some concise background and data,
as to why the City is doing the West Avenue Bridge project (Requested by Commissioner
Tobin)
City Clerk’s note: Fred Beckmann and Saul Frances to handle.
Item No. 3: Discussion Regarding One Or More Satellite Art Fairs From Mid-Town To North
Beach During The Week Of Art Basel
No action as no second was made to Vice-Mayor Libbin’s motion to direct Administration to
continue to reach out to the owners of these fairs and see if an acceptable location can be found
and simultaneously organize some community meetings.
Item No. 4A: Discussion Regarding Enforcement Of Litter Laws To Include The
Distribution Of Handbills On Ocean Drive, Possible Handbill-Free Zones, And Possible
Amendments Of Sidewalk Cafe Regulations To Address The Soliciting Of Restaurant
Business In The Public Rights Of Way, And Possible Requirements For Alcoholic
Beverage Establishments Regarding Open Containers
Item No. 4B: Discussion Regarding The Use Of Plastic Straws On The Beach
The Committee moved that the Administration move forward with the five (5) recommendations to
the March 21, 2012 meeting of the City Commission which includes:
1. Prohibit Styrofoam products on our beaches;
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2. Prohibit businesses that provide beverage services to persons on the beach from providing
plastic straws;
3. Prohibit the distribution of commercial handbills on our beaches east of the dune;
4. Prohibit the distribution of handbills within twenty (20) feet of a sidewalk café; and
5. Prohibit the distribution of commercial handbills in the Art Deco Historic District during High
Impact Periods.
Additionally, the Committee directed the City Attorney to draft an amendment to the sidewalk café
ordinance to include a prohibition of any type of solicitation by any sidewalk café employee.
Commissioner Tobin requested an LTC regarding citations issued and the results of prosecution
for litter on the beach.
City Clerk’s note: Hilda Fernandez, City Attorney’s Office, and Robert Santo-Alborna to handle.
Item No. 5: Discussion Regarding The Miami Design Preservation League’s Placement Of
A Barbara Capitman Memorial Bust In Lummus Park
The Committee unanimously recommended the project move forward to the full City Commission.
City Clerk’s note: See Agenda Item C7D.
Item No. 6: Discussion Regarding Muss Park Improvements And Seawall
The Committee, by consensus moved to identify the Muss Park improvements to the seawall as a
high priority and Mr. Beckmann is to get an updated estimate for the repair from a seawall
contractor for the Capital Projects budget process.
City Clerk’s note: Fred Beckmann to handle.
Item No. 7: Discussion Regarding Sunrise Plaza And Beachwalk
Action items include:
• A status report at the next meeting of the Neighborhood/Community Affairs Committee.
• Administration to provide an LTC on who has agreed and not agreed to the easement.
(Requested by Commissioner Tobin)
City Clerk’s note: Barbara Hawayek to place on the agenda. Fred Beckmann to provide LTC.
Item No. 8: Discussion And Update On The Citywide Dunes Maintenance Plan
Commissioner Tobin requested a status report be presented back to the
Neighborhood/Community Affairs Committee on the progress of the maintenance of the dunes in
three months.
City Clerk’s note: Barbara Hawayek to place on the agenda. Fred Beckmann to handle.
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Item No. 9: Discussion Regarding The Status Of The Major Event Plan For The Winter
Music Conference And Spring Break
The committee directed the Administration to consider the possibility of closing the public portion
of the parking lot by Nikki Beach at Pier Park for attended parking on a trial basis for the MEP.
City Clerk’s note: Hilda Fernandez to handle.
Item No. 10: Discussion Regarding Parking At The Scott Rakow Youth Center.
The Committee moved to direct the Administration to proceed with the pilot program including
returning the no parking signs throughout the Bayshore neighborhood along the Par 3 that were
removed recently and to look into allowing a temporary gravel parking lot for the Hebrew
Academy at their expense.
City Clerk’s note: Saul Frances to handle.
C7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit The
Following Grant Applications: 1) Florida Inland Navigation District For Funding In The
Approximate Amount Of $1,000,000 For The Construction Phase Of South Pointe Pier; 2) State
Of Florida, Department Of Health, For Funding In The Approximate Amount Of $20,000 For
Equipment Related To Pre-Hospital Emergency Services; 3) The Association Of Performing Arts
Presenters And Metlife Foundation In The Approximate Amount Of $25,000 For Sleepless Night
2012; And, 4) State Of Florida, Department Of Environmental Protection, Land And Water
Conservation Fund In The Approximate Amount Of $200,000 For The Par 3 Golf Course Master
Plan Project; Appropriating The Above Funds, If Approved And Accepted By The City, And
Authorizing The Execution Of All Necessary Documents Related To These Applications.
(Budget & Performance Improvement)
ACTION: Resolution 2012-27851 adopted. Patricia Walker to appropriate the funds if
approved and accepted. Judy Hoanshelt to handle.
C7B A Resolution Approving An Escrow Agreement Between The City Of Miami Beach And Jose R.
Romero To Escrow Funds From The Sale Of 204 North Flagler Avenue, Homestead, Florida; 550
North Flagler Avenue, Homestead, Florida; 610 North Flagler Avenue, Homestead, Florida; And
700 North Flagler Avenue, Homestead, Florida; In Order To Facilitate The Rehabilitation Of And
Compliance With Outstanding Code Violations On The Real Property Located At 6955 Carlyle
Avenue, Miami Beach, Florida; 8119 Crespi Boulevard, Miami Beach, Florida; And 8230 Byron
Avenue, Miami Beach, Florida Owned By Jose R. Romero; And Further Authorizing The City
Manager To Take Such Action And Execute Any And All Necessary Documents.
(City Attorney’s Office & Finance Department)
ACTION: Resolution No. 2012-27852 adopted. Patricia Walker to handle.
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6:43:08 p.m.
C7C A Resolution Approving The Settlement In The Amount Of $15,000.00 For City Liens On Property
Owned By Museum Walk Apartments, LLC, Located At 2315 Pine Tree Drive, 2335 Pine Tree
Drive, 2365 Pine Tree Drive, 320 24th Street, 2370 Flamingo Drive, And 2380 Flamingo Drive, In
The Original Amount Of $256,918.20, And Further Authorizing The City Manager To Take Such
Action And Execute Any And All Necessary Documents To Complete Such Lien Release And
Settlement.
(City Attorney’s Office)
ACTION: Commissioner Exposito separated the item until after the Executive Session.
Resolution No. 2012-27853 adopted. Motion made by Vice-Mayor Libbin; seconded by
Commissioner Exposito; Voice vote; 4-0: Absent: Commissioners Góngora, Tobin and Weithorn.
City Attorney’s Office to handle.
C7D A Resolution Lifting The Moratorium On Naming Requests And, Following Which, Accepting The
Recommendation Of The Neighborhood/Community Affairs Committee To Erect A Memorial
Honoring Barbara Baer Capitman, In The Form Of A Bronze Bust Resting On A Terrazzo Plinth,
To Be Installed In The 1100 Block Of Lummus Park, And Further Setting A Public Hearing To
Consider Such Request To Be Scheduled For The City Commission Meeting Of April 11, 2012.
(Requested by Mayor Matti Herrera Bower)
(Legislative Tracking: Parks & Recreation)
ACTION: Resolution No. 2012-27854 adopted as amended via Corrections . Kevin Smith to
handle. R. Parcher to notice. Lilia Cardillo to place on the agenda.
Amendment
At the proposers request, change the street from 11th to 13th
End
Handout or Reference Materials:
1. Color cover magazine titled AMERICAN WAY – article titled Miami Rhapsody by Anna Fialho, pages
45-54; Road Warrior 2011 – Hotel Breakwater, South Beach.
C7E A Resolution Amending Resolution No. 2010-27513, To Correct A Scrivener’s Error By
Retroactively Approving The $20 Event Parking Flat Rate For Non-Residents At Certain Attended
Municipal Surface Lots, For FY 2011/2012 And Future Years, During High Impact Events,
Including Spring Break And Memorial Day Weekend; With Said Rate Having Been Deemed To
Have Commenced And Became Effective As Of October 1, 2011, And To Continue In Effect In
Subsequent Years, Until Otherwise Amended.
(Parking Department)
ACTION: Resolution No. 2012-27855 adopted. Saul Frances to handle.
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C7F A Resolution Authorizing The City Manager, And City Clerk To Execute A Voluntary Cooperation
And Operational Assistance Mutual Aid Agreement With The Florida International University, By
And Through The Florida International University Police Department, For The Purpose Of
Coordinating Law Enforcement Planning, Operations, And Mutual Aid Benefit Between The City
Of Miami Beach And The Florida International University.
(Police Department)
ACTION: Resolution No. 2012-27856 adopted. Michael Gruen to handle.
C7G A Resolution Authorizing The Mayor And City Clerk To Execute A Supplemental Services
Agreement Between The City Of Miami Beach And New World Systems Corporation, To Provide
Software Enhanced Services For The Aegis MSP Property Room Software Module, For The Total
Amount Of $37,000.00, That Shall Be Funded From The United States Department Of Justice,
Office Of Justice Programs, Bureau Of Justice Assistance Grant.
(Police Department)
ACTION: Resolution No. 2012-27857 adopted. Michael Gruen to handle.
7:03:06 p.m.
C7H A Resolution Approving And Authorizing The Mayor And The City Clerk To Grant A Utility
Easement To Florida Power And Light At Flamingo Park For The Installation And Maintenance Of
A Transformer And Conduits That Will Serve The Flamingo Park Tennis Center.
(Public Works)
ACTION: Item separated for discussion by Commissioner Exposito. Resolution No. 2012-
27858 adopted and the easement amended. Motion made by Commissioner Exposito;
seconded by Commissioner Wolfson; Voice vote: 4-0; Absent: Commissioners Góngora, Tobin
and Weithorn. Raul Aguila and Fred Beckmann to handle.
Amendment:
City Attorney’s Office to speak with FPL to address Commissioner Exposito’s concerns about the
rights granted to FPL as listed in the easement.
End
Commissioner Exposito requested clarification from the City Attorney’s Office regarding the last
paragraph on Agenda page 261. His concern is that the City is giving FPL an easement and the
ability to decide wherever they want to run the power lines. The City is spending millions of
dollars in Flamingo Park and he wants to make sure the City has some control over where the
lines are installed.
Fred Beckmann, Public Works Director, explained the item.
Discussion held.
Commissioner Exposito requested that language be added that this easement is subject to the
City’s approval.
Raul Aguila, Chief Deputy City Attorney, stated that he will speak with FPL to see about adding
language that resolves Commissioner Exposito’s concern.
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Jose Smith, City Attorney, stated that if FPL wants to cut tree limbs or any kind of damage to any
facility, then FPL should first review with the City.
Raul Aguila, Chief Deputy City Attorney, stated that this is a time sensitive item and explained
that anything trimming that is absolutely necessary, that the City be noticed and have reasonable
approval. He added that he will call FPL and will send an email to Commissioners Exposito and
Wolfson. Raul Aguila to handle.
C7I A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Utility Design
By FDOT Consultant Agreement With The Florida Department Of Transportation (FDOT),
Providing For The Design Of City-Owned Utilities That Require Relocation, As Part Of FDOT’s
State Road (S.R.) 907/Alton Road Project From 5th Street To Michigan Avenue (FM # 249911-1-
52-02 And FM # 249911-3-52-02).
(Public Works)
ACTION: Resolution No. 2012-27859 adopted. Fred Beckmann to handle.
C7J A Resolution Approving And Authorizing The City Manager, Or His Designee, To Re-Allocate
Funds In The Amount Of $30,646 Previously Appropriated For Project No. PKNNSGCFEN,
Entitled “NSGC Aluminum Picket Security Fence In Normandy Shores”, For The Purchase And
Installation Of Eight (8) Gate Security Cameras And Installation Of Two (2) Automatic Gate Arms
At Each Rear Entrance (For A Total Of Four (4) Gate Arms).
(Public Works)
ACTION: Resolution No. 2012-27860 adopted. Fred Beckmann to handle.
7:11:28 p.m.
C7K A Resolution Authorizing The Mayor And City Clerk To Execute A Professional Services
Agreement With Calvin Giordano & Associates, Inc., Pursuant To The Request For Qualifications
(RFQ) No. 20-10/11, For Design, Bid And Award, And Construction Administration Services, For
The Middle Beach Recreational Corridor; In The Not To Exceed Amount Of $529,630; With
Funds Previously Appropriated In The Middle Beach Recreational Corridor Phase II Project.
(Public Works)
ACTION: Item separated for discussion by Commissioner Wolfson. Resolution No. 2012-
27861 adopted. Motion made by Commissioner Wolfson; seconded by Commissioner Exposito;
Voice vote: 4-0; Absent: Commissioners Góngora, Tobin and Weithorn. Fred Beckmann to
handle.
Commissioner Wolfson requested a status.
Fred Beckmann, Public Works Director, and Jorge Gonzalez, City Manager, gave a status report.
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Moved to a referral to the Finance and Citywide Projects Committee as C4P via Corrections
C7L A Resolution Approving Amendment No. 2 To The Contract Between The City And Professional
Building Services, Dated August 3, 2011, For Citywide Janitorial Services, Said Amendment
Adding The Following Locations: Historic City Hall; Police Substation; North End Ocean Rescue
Headquarters; And Beachfront Restrooms; And Increasing The Contract, In The Amount Of
$17,473.74 Per Month.
(Public Works)
ACTION: Item referred to the Finance and Citywide Projects Committee. See item C4P.
C7M A Resolution Approving And Authorizing The City Manager To Issue A Certification Of
Consistency With The City's FY 2008-2012 Consolidated Plan To The Housing Authority Of The
City Of Miami Beach (HACMB) For Their Annual Plan For Fiscal Year 2012, To Be Submitted By
HACMB To The U.S. Department Of Housing And Urban Development (HUD): Further
Authorizing The City Manager To Execute Any Subsequent Certifications Of Consistency With
The City’s Consolidated Plan For The Aforesaid Plans.
(Real Estate, Housing & Community Development)
ACTION: Resolution No. 2012-27862 adopted. Anna Parekh to handle.
C7N A Resolution Authorizing A Substantial Amendment To The City’s 2008 Action Plan To
Reprogram $24,842 Of Homeless Prevention And Rapid Re-Housing Program Funds To Reduce
The Funding From Administration Costs, While Increasing The Funding For Direct Financial
Assistance Services To Eligible Homeless Clients; Further Authorizing The City Manager To
Execute All Contracts, Agreements And Amendments Necessary To Carry Out The Above
Program.
(Real Estate, Housing & Community Development)
ACTION: Resolution No. 2012-27863 adopted. Anna Parekh to handle.
C7O A Resolution Authorizing A Substantial Amendment To The City’s 2008 Action Plan To
Reprogram $26,117.28 Of Community Development Block Grant Recovery (CDBG-R) Funds To
Reduce The Funding From Administration Costs While Increasing The Funding For The Boys
And Girls Clubs Of Miami-Dade Youth Center Project; Further Authorizing The City Manager To
Execute All Contracts, Agreements And Amendments Necessary To Carry Out The Above
Program.
(Real Estate, Housing & Community Development)
ACTION: Resolution No. 2012-27864 adopted. Anna Parekh to handle.
C7P A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
Waiving The Square Footage And Lummus Park User Fees For Gay Pride 2012 And Requesting
The Administration Develop Criteria For Future Fee Waivers.
(Requested by the Finance & Citywide Projects Committee)
(Legislative Tracking: Tourism & Cultural Development)
ACTION: Resolution No. 2012-27865 adopted. Max Sklar to handle.
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C7Q A Resolution Approving And Authorizing The City Manager To Execute A Memorandum Of
Understanding Between The City And Sunset Islands III & IV Property Owners, Inc.
Memorializing Certain Additional Timeframes And Terms And Conditions, As Agreed To Between
The Parties, And Pertaining To The Creation And Establishment By The City Of The Proposed
Sunset Islands 3 & 4 Special Assessment District For Undergrounding Utilities.
(Public Works)
ACTION: Resolution No. 2012-27866 adopted. Fred Beckmann to handle.
End of Consent Agenda
REGULAR AGENDA
R5 - Ordinances
5:25:24 p.m.
R5A An Ordinance Amending Chapter 110 Of The City Code, Entitled “Utilities,” By Amending Article
IV, Entitled “Fees, Charges, Rates And Billing Procedure,” By Amending Division 3, Entitled
“Billing Procedure,” By Amending Section 110-191, Entitled “Payment Of Bills,” By Amending
110-191(B) By Changing The Penalty For Late Utility Bills From Ten Percent Of The Current Bill
To 1.5% Per Month Of The Late Outstanding Balance; Providing For Repealer, Severability,
Codification And Effective Date. 10:15 a.m. Second Reading Public Hearing
(Requested by Commissioner Jonah Wolfson)
(Legislative Tracking: Finance Department)
(Continued from January 11, 2012/Referred to FCWPC)
ACTION: Public Hearing opened and continued to May 9, 2012 at 10:15 a.m. and referred
back to the Finance and Citywide Projects Committee. Motion made by Vice-Mayor Libbin;
seconded by Commissioner Exposito; Voice vote: 4-0; Absent: Commissioners Góngora, Tobin
and Weithorn. Lilia Cardillo to place on the Commission Agenda. Patricia Walker to place on the
committee agenda and to handle.
Handout or Reference Material:
1. Ballot vote
Afteraction March 21, 2012 City of Miami Beach
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5:26:47 p.m.
R5B 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)
(Continued from February 8, 2012)
ACTION: Public Hearing opened and continued to April 11, 2012 at 10:30 a.m. Motion
made by Vice-Mayor Libbin; seconded by Commissioner Wolfson; Voice vote: 4-0; Absent:
Commissioners Góngora, Tobin and Weithorn. Lilia Cardillo to place on the Commission
Agenda. Richard Lorber to handle.
City Clerk’s note: As defined in the ordinance: 21-day mail notice and 15 day newspaper notice.
Handout or Reference Material:
1. Ballot vote
R5C Recycling Ordinance
An Ordinance Amending Chapter 90 Of The Miami Beach City Code, Entitled “Solid Waste,” By
Amending The Definitions In Article I, Entitled “In General,” By Amending Section 90-2, Entitled
“Definitions”; By Amending Article II, Entitled “Administration” By Amending The Penalties For
Solid Waste Violations And To Provide Provisions And Penalties Relative To Recycling For
Multifamily Residences And Commercial Establishments; By Creating Article V, To Be Entitled
“Citywide Recycling Program For Multifamily Residences And Commercial Establishments,” To
Provide Provisions For Recycling Requirements And Enforcement, A Public Education Program,
A Warning Period, An Enforcement Date, Collector Liability, A “Red Tag” Noticing System,
Penalties, And Special Master Appeal Procedures; Providing For Repealer, Severability,
Codification, And An Effective Date. 10:35 a.m. Second Reading Public Hearing
(Requested by Commissioner Jonah Wolfson)
(Legislative Tracking: Public Works)
(Continued from January 11, 2012/Referred to FCWPC)
ACTION: Public Hearing opened and continued to May 9th 2012 at 10:35 a.m.; item needs
to be heard by the Finance and Citywide Projects Committee. Motion made by Vice-Mayor
Libbin and approved by acclamation; Absent: Commissioners Góngora, Tobin and Weithorn. Lilia
Cardillo to place on the Commission Agenda. Fred Beckmann to handle.
Handout or Reference Materials:
1. Email from Tamra Sheffman sent Friday March 16, 2012 to Mayor and City Commissioners, City
Manager and City Clerk, RE: R5C Recycling Ordinance – Wolfson, March 21, 2012
2. Ballot vote
Afteraction March 21, 2012 City of Miami Beach
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R5D 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. 10:40 a.m. Second Reading Public
Hearing
(Requested by the Sustainability Committee)
(Economic Development)
(First Reading on February 8, 2012/Referred to LUDC)
ACTION: Public Hearing held. Ordinance No. 2012-3755 adopted as amended. Motion
made by Vice-Mayor Libbin to approve the ordinance; seconded by Commissioner Wolfson;
Ballot vote: 4-0; Absent: Commissioners Góngora, Tobin and Weithorn. Kevin Crowder to
handle.
Amendment:
Add language “is or becomes”; see double underlining
(b) The business is or becomes either a Clean Technology Sector Business or a Green
Business, as both are defined in Section 100-22, and meets or exceeds the Energy Efficiency
Standards set forth in Section 100-25; or
(c) The business is or becomes LEED certified; or
(d) The business is or becomes a Green Lodging Establishment, as defined in Section 100-22.
End
Kevin Crowder, Economic Development Director, explained the item and stated that Miami Beach
was selected as the pilot community by the State two years ago. They have approved for five (5)
years $300,000 per year for business incentives that make energy efficiency retrofit investments.
Vice-Mayor Libbin has a concern on page 381, Section 100-24. Eligibility Criteria, that the only
two businesses that can apply are C) if the business is LEED certified; or D) if the business is a
Green Lodging Establishment, as defined in Section 100-22, and he believes this is too
restrictive. He stated that he would like the potential benefit of this to incentivize companies to
become green. He would like it to read ‘any businesses.’
Kevin Crowder, Economic Development Director, explained that the funds will not be available
until July, so there is time to make changes.
Handouts and Reference Materials:
1. Ad in The Miami Herald – Ad #694
2. Ballot vote
Afteraction March 21, 2012 City of Miami Beach
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5:36:30 p.m.
R5E Short Term Rental Of Apartment Units Or Townhomes
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. 10:45 a.m. Second Reading Public Hearing
(Requested by Commissioner Jorge R. Exposito)
(Legislative Tracking: Planning Department)
(First Reading on February 8, 2012)
ACTION: Public Hearing opened and continued to April 11, 2012 at 10:45 a.m. Motion
made by Vice-Mayor Libbin and approved by acclamation; Absent: Commissioners Góngora,
Tobin and Weithorn. Lilia Cardillo to place on the Commission Agenda. Fred Beckmann to
handle.
Handouts and Reference Materials:
1. Ad in The Miami Herald – Ad # 694
2. Ballot vote
5:37:37 p.m.
R5F 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, An Effective Date, And A Sunset
Date. First Reading
(Requested by Commissioner Jonah Wolfson)
(Legislative Tracking: Public Works)
(Deferred from February 8, 2012)
ACTION: Ordinance approved on first reading. Motion made by Vice-Mayor Libbin to approve
the ordinance; seconded by Commissioner Exposito; Ballot vote: 4-0; Absent: Commissioners
Góngora, Tobin and Weithorn. Second Reading and Public Hearing scheduled for April 11, 2012.
R. Parcher to notice. Lilia Cardillo to place on the Commission Agenda. Fred Beckmann to
handle.
David New, Chairman of the Disability Access committee, spoke.
City Clerk’s note:
Quorum: 8 members
Sunset: 2 years after the date of adoption.
Handouts and Reference Materials:
1. Ballot vote
Afteraction March 21, 2012 City of Miami Beach
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5: 40:21 p.m.
R5G An Ordinance Amending The Following Chapters In The Code Of The City Of Miami Beach To
Provide Civil Enforcement And Penalty Provisions To Replace Criminal Misdemeanor
Enforcement And Penalty Provisions As Follows: Amending Chapter 70 Entitled “Miscellaneous
Offenses,” By Amending Article I, Entitled “In General,” By Amending Section 70-6, Entitled
“Penalties,” To Provide Civil Penalties And Special Master Enforcement Provisions Relative To
The Prohibitions In Chapter 70, Except For Violations Of Section 70-3 Entitled “Vibration”; By
Amending Chapter 74 Of The Miami Beach City Code Entitled “Peddlers And Solicitors,” By
Amending Article I, Entitled “In General,” By Amending Section 74-1 Entitled “Soliciting Business
In Public From Pedestrians,” By Providing That The Solicitation Of Any Food, Beverage Or
Service Is Also A Prohibited Activity And Providing Civil Penalties And Special Master
Enforcement Provisions; By Amending Chapter 82 Of The Miami Beach City Code Entitled
“Public Property,” By Amending Article I, Entitled “In General,” By Amending Section 82-1,
Entitled “Conducting Business On Streets, Parks Or Other Public Property,” By Providing Civil
Penalties And Special Master Enforcement Provisions; Providing For Repealer; Severability;
Codification; And An Effective Date. First Reading
(Requested by Finance & Citywide Projects
And Neighborhood/Community Affairs Committees)
(Legislative Tracking: Building Department)
ACTION: Ordinance approved on first reading. Motion made by Vice-Mayor Libbin to approve
the ordinance; seconded by Commissioner Exposito; Ballot vote: 4-0; Absent: Commissioners
Góngora, Tobin and Weithorn. Second Reading and Public Hearing scheduled for April 11, 2012.
R. Parcher to notice. Lilia Cardillo to place on the Commission Agenda. Hilda Fernandez to
handle.
Hilda Fernandez, Assistant City Manager, introduced the item.
Vice-Mayor Libbin stated that he wants to make sure that the Special Master does not have the
ability to reduce the fines.
Hilda Fernandez, Assistant City Manager, stated that for second reading language will be added
to the ordinance like the noise and handbills language that the Special Masters cannot mitigate
fines. Hilda Fernandez to handle.
Handouts and Reference Materials:
1. Ballot vote
Afteraction March 21, 2012 City of Miami Beach
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5:46:34 p.m.
R5H Vacant Storefront Screens And Signs
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 138, Entitled "Signs", By Amending Article IV, Entitled “Temporary
Signs”, By Creating A New Section 138-140, Entitled “Vacant Storefront Screens And Signs,”
Providing For Repealer, Codification, Severability And An Effective Date. First Reading
(Requested By Commissioner Jerry Libbin)
(Legislative Tracking: Planning Department)
ACTION: 5/7 vote required with four (4) members present. Item deferred to the April 11,
2012 Commission Meeting. Absent: Commissioners Góngora, Tobin and Weithorn. Lilia
Cardillo to place on the Commission Agenda. Richard Lorber to handle.
R5I Rooftop Small Wind Turbines
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
II, “District Regulations,” Division 2, RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts,
Section 142-105(e), “Height Restrictions,” By Amending The Height Regulation Exceptions To
Permit Small Roof Wind Turbines Up To 10 Feet Above The Main Roofline; And Amending Article
IV, “Supplementary District Regulations,” Division 5, “Height Regulations,” By Amending Section
142-1161,” To Permit Roof Wind Turbines Subject To Certain Restrictions And Conditions;
Providing For Repealer, Severability, Codification, And An Effective Date. First Reading
(Requested by Commissioner Edward L. Tobin)
(Legislative Tracking: Planning Department)
ACTION: 5/7 vote required with four (4) members present. Item deferred to the April 11,
2012 Commission Meeting. Absent: Commissioners Góngora, Tobin and Weithorn. Lilia
Cardillo to place on the Commission Agenda. Richard Lorber to handle.
Afteraction March 21, 2012 City of Miami Beach
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5:47:11 p.m.
R5J An Ordinance Amending Chapter 82, Of The Code Of The City Of Miami Beach, Entitled “Public
Property,” By Amending Article VI, Entitled “Naming Of Public Facilities And Establishment Of
Monuments Or Memorials,” By Amending Section 82-504, Entitled “Monuments Or Memorials,”
By Adding Criteria To Provide: A) That The Mayor And City Commissioners Shall Be Limited To
Proposing The Establishment Of One Monument Or Memorial Per Term Of Elected Office; B)
That The Costs Of The Design, Fabrication And On-Going Maintenance For Monuments Or
Memorials Shall Be The Sole Responsibility Of, And Must Be Borne By, The Requesting
Organization, Group Or Individual, Unless All Or Any Portion Of This Requirement Is Waived By
An Affirmative Vote Of 6/7ths Of The City Commission Following A Duly Noticed Public Hearing;
And C) That Any Person To Be Recognized By The Establishment Of A Monument Or Memorial
Must Be In Good Standing In The Community And If, After The Honor Is Bestowed, The Person
Is Convicted Or Adjudicated Guilty Of A Felony, The Name Of The Person Shall Be Removed
From Such Monument Or Memorial Or The Monument Or Memorial Itself May Be Removed; And
Providing For Repealer, Severability, Codification, And An Effective Date. First Reading
(Requested by the Neighborhood/Community Affairs Committee)
(Legislative Tracking: Parks & Recreation)
ACTION: Ordinance approved on first reading and referred to the
Neighborhood/Community Affairs Committee between first and second reading. Motion
made by Vice-Mayor Libbin; seconded by Commissioner Exposito; Ballot vote: 4-0; Absent:
Commissioners Góngora, Tobin and Weithorn. Second Reading and Public Hearing scheduled
for May 9, 2012. R. Parcher to notice. Barbara Hawayek to place on the committee agenda. Lilia
Cardillo to place on the Commission Agenda. Kevin Smith to handle.
Hilda Fernandez, Assistant City Manager, introduced the item.
Referred to the Neighborhood/Community Affairs Committee between first and second reading.
Handouts and Reference Materials:
1. Ballot vote
5:55:23 p.m.
R5K An Ordinance Amending Chapter 46 Of The Miami Beach City Code, Entitled “Environment,” By
Amending Article III Thereof, Entitled “Litter,” By Amending Section 46-92 To Provide
Comprehensive Amendments Thereto By Amending The Definition Of Litter And The Litter
Prohibition Provisions In Subsections (A) And (B); Prohibiting Styrofoam Products And Plastic
Straws On City Beaches; Re-Lettering And Renaming Existing Provisions In Subsections (A)
Through (O) For Ease Of Reference And Creating New Provisions In Subsection (G) To Provide
Prohibitions On The Distribution Of Commercial Handbills: A) In The Art Deco Historic District
During High Impact Periods In The City; B) Within 20 Feet Of Sidewalk Cafes; And C) On City
Beaches East Of The Dunes, Providing Fines And Penalties For The Violation Of Subsection (G)
In The Re-Lettered Subsection (H); And Providing For Repealer; Severability; Codification; And
An Effective Date. First Reading
(Requested by Commissioners Jorge R. Exposito, Jerry Libbin and Deede Weithorn)
(Legislative Tracking: Code Compliance)
ACTION: Ordinance approved on first reading. Motion made by Vice-Mayor Libbin; seconded
by Commissioner Exposito; Ballot vote: 4-0; Absent: Commissioners Góngora, Tobin and
Weithorn. Second Reading and Public Hearing scheduled for April 11, 2012. R. Parcher to
notice. Lilia Cardillo to place on the Commission Agenda. Hilda Fernandez to handle.
Afteraction March 21, 2012 City of Miami Beach
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Vice-Mayor Libbin explained the item.
Commissioner Wolfson stated the major changes are no styrofoam on the beach.
Vice-Mayor Libbin added no handbills east of the dune.
Jose Smith, City Attorney, cited an 11th Circuit Court of appeals case.
Vice-Mayor Libbin stated that it also eliminates plastic straws on the beach which are difficult for
the sifters to pick up. The vendors on the beach will not server plastic straws.
Hilda Fernandez, Assistant City Manager, stated that the City’s current beachfront
concessionaires are not allowed to provide plastic straws.
Commissioner Wolfson stated that he will vote “yes” on first reading, but on second reading he
will reevaluate.
Handouts and Reference Materials:
1. Ballot vote
6:01:11 p.m.
R5L1 AFSCME Local 1554 Cost-Of-Living Adjustment (COLA)
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, In Accordance With The Negotiated Collective Bargaining Agreement,
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)
(Deferred from February 24, 2012)
ACTION: Ordinance approved on first reading. Motion made by Commissioner Wolfson;
seconded by Commissioner Exposito; Ballot vote: 4-0; Absent: Commissioners Góngora, Tobin
and Weithorn. Second Reading and Public Hearing scheduled for April 11, 2012. R. Parcher to
notice. Lilia Cardillo to place on the Commission Agenda. Ramiro Inguanzo to handle.
Ramiro Inguanzo, Human Resources Director, introduced the item.
Vice-Mayor Libbin stated that there is a void at the dais. He will vote for each one of these items
because he has been told that if it does not pass the City will be sued. He is voting “yes” to avoid
a suit.
Handouts and Reference Materials:
1. Ballot vote
Afteraction March 21, 2012 City of Miami Beach
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R5L2 FOP William Nichols Lodge No. 8 Cost-Of-Living Adjustment (COLA)
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 II,
Represented By The Fraternal Order Of Police (FOP) William Nichols Lodge No. 8, In
Accordance With The Negotiated Collective Bargaining Agreement, 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 FOP
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)
(Deferred from February 24, 2012)
ACTION: Ordinance approved on first reading. Motion made by Commissioner Exposito;
seconded by Mayor Bower; Ballot vote: 4-0; Absent: Commissioners Góngora, Tobin and
Weithorn. Second Reading and Public Hearing scheduled for April 11, 2012. R. Parcher to
notice. Lilia Cardillo to place on the Commission Agenda. Ramiro Inguanzo to handle.
Handouts and Reference Materials:
1. Ballot vote
6:07:15 p.m.
R5L3 IAFF Local 1510 Cost-Of-Living Adjustment (COLA)
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 III,
Represented By The International Association Of Firefighters (IAFF) Local 1510, In Accordance
With The Negotiated Collective Bargaining Agreement, 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 IAFF 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)
(Deferred from February 24, 2012)
ACTION: Ordinance approved on first reading. Motion made by Commissioner Exposito;
seconded by Mayor Bower; Ballot vote: 4-0; Absent: Commissioners Góngora, Tobin and
Weithorn. Second Reading and Public Hearing scheduled for April 11, 2012. R. Parcher to
notice. Lilia Cardillo to place on the Commission Agenda. Ramiro Inguanzo to handle.
Handouts and Reference Materials:
1. Ballot vote
Afteraction March 21, 2012 City of Miami Beach
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6:08:42 p.m.
R5L4 CWA Local 3178 Cost-Of-Living Adjustment (COLA)
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 IV,
Represented By The Communications Workers Of America (CWA) Local 3178, In Accordance
With The Negotiated Collective Bargaining Agreement, 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)
(Deferred from February 24, 2012)
ACTION: Ordinance approved on first reading. Motion made by Commissioner Wolfson;
seconded by Mayor Bower; Ballot vote: 4-0; Absent: Commissioners Góngora, Tobin and
Weithorn. Second Reading and Public Hearing scheduled for April 11, 2012. R. Parcher to
notice. Lilia Cardillo to place on the Commission Agenda. Ramiro Inguanzo to handle.
Vice-Mayor Libbin stated that CWA Union gave the Commission the hardest time during the
bargaining and the City took them to task. He stated that the issue that should be addressed in
the next round of negotiations is the expanding of the ranges, which is an error. The Classification
and Compensation study done by Steve Condry also stated that expanding the ranges is an
error. He would like this issue discussed for the next union contracts. Ramiro Inguanzo to
handle.
Handouts and Reference Materials:
1. Ballot vote
6:13:02 p.m.
R5L5 GSAF, OPEIU, Local 100 Cost-Of-Living Adjustment (COLA)
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 V,
Represented By The Government Supervisors Association Of Florida (GSAF), OPEIU, Local 100,
In Accordance With The Negotiated Collective Bargaining Agreement, 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)
(Deferred from February 24, 2012)
ACTION: Ordinance approved on first reading. Motion made by Commissioner Exposito;
seconded by Mayor Bower; Ballot vote: 4-0; Absent: Commissioners Góngora, Tobin and
Weithorn. Second Reading and Public Hearing scheduled for April 11, 2012. R. Parcher to
notice. Lilia Cardillo to place on the Commission Agenda. Ramiro Inguanzo to handle.
Mayor Bower stated that this was the nicest union during bargaining.
Adonis Garcia spoke on behalf of the unclassified employees that are not represented and cannot
speak for themselves.
Afteraction March 21, 2012 City of Miami Beach
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Handouts and Reference Materials:
1. Ballot vote
6:16:28 p.m.
R5L6 Others Cost-Of-Living Adjustment (COLA)
1. Alternative A - Ordinance
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 VI, Being All Classifications In The Classified Service Not Represented By A
Bargaining Unit (Commonly Referred To As “Others”), 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 Applicable Pay Range; Repealing All Ordinances In Conflict; Providing For
Severability, An Effective Date And Codification. First Reading
ACTION: No action taken. See Alternative B.
Jorge Gonzalez, City Manager, introduced the item.
Ramiro Inguanzo, Human Resources Director, spoke.
2. Alternative B - Resolution
A Resolution Providing For All Classifications In Group VI, Being All Classified Employees
In The Classified Service Not Represented By A Bargaining Unit (Commonly Referred To
As “Others”), Effective The First Full Pay Period Ending In April 2012, An Across The
Board Cost-Of-Living Adjustment (COLA) Of Up To Three Percent (3%) For Those
Employees Who Are Not Currently At The Maximum Of The Pay Range Of Their Job
Classification; And Providing No Adjustment To The Minimum And Maximum Of Each Pay
Range.
(Included in Collective Bargaining Agreements &
Approved by the City Commission in 2010)
(Legislative Tracking: Human Resources)
(Deferred from February 24, 2012)
ACTION: Resolution No. 2012-27867 adopted. Motion made by Vice-Mayor Libbin;
seconded by Commissioner Wolfson; Voice vote: 4-0; Absent: Commissioners Góngora,
Tobin and Weithorn. Ramiro Inguanzo to handle.
Afteraction March 21, 2012 City of Miami Beach
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6:27:06 p.m.
R5M Unclassified Employees Cost-Of-Living Adjustment (COLA) Alternative A & B
1. Alternative A:
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
ACTION: No action taken. See Alternative B.
2. Alternative B:
A Resolution 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 Up To
Three Percent (3%) For Those Employees Who Are Not Currently At The Maximum Of
The Pay Range Of Their Job Classification; And Providing No Adjustment To The
Minimum And Maximum Of Each Pay Range.
(Legislative Tracking: Human Resources)
(Deferred from February 24, 2012)
ACTION: Resolution No. 2012-27868 adopted. Motion made by Commissioner
Exposito; seconded by Commissioner Wolfson; Voice vote; 4-0; Absent: Commissioners
Góngora, Tobin and Weithorn. Ramiro Inguanzo to handle.
Adonis Garcia spoke about salary compression.
SUPPLEMENTAL MATERIAL 1: Ordinance
R5N An Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance Of
The City Of Miami Beach, Florida (The “Ordinance”), As Follows: Amending Section 1 Of The
Ordinance To Delete The Line Item Referencing “Grade 26,” As Currently Located Underneath
The Subsection Entitled, “Class And Pay Grades, Salaries And Classifications,” And Further
Referenced Thereunder Under The Sub-Sections Entitled “Minimum Biweekly” And “Maximum
Biweekly;” And Creating A New Sub-Subsection For Pay Grade “26,” To Be Entitled “Grade,
Classifications And Compensation For The City Manager And City Attorney”, Which Sets Forth
The Current Compensation For The City Manager And City Attorney Positions; Repealing All
Ordinances In Conflict Therewith; Providing For Severability, An Effective Date And Codification.
(Requested by Commissioner Jonah Wolfson)
(Legislative Tracking: City Attorney’s Office)
(Ordinance to be Submitted in Supplemental)
ACTION: Item referred to the Finance and Citywide Projects Committee. Motion made by
Commissioner Wolfson; seconded by Vice-Mayor Libbin; Voice vote: 4-0; Absent:
Commissioners Góngora, Tobin and Weithorn. Patricia Walker to place on the committee
agenda. City Attorney’s Office handle.
Commissioner Wolfson stated that he would gladly send this to the Finance and Citywide Projects
Committee and added that the City Manager and City Attorney should want this ordinance passed
as soon as possible.
Handouts and Reference Materials:
1. Ballot vote
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R7 - Resolutions
6:30:56 p.m.
R7A A Resolution Approving, In Substantial Form, A Professional Services Agreement, Pursuant To
Request For Qualifications No. 31-10/11, Between The City And A Joint Venture Of Zaha Hadid
Limited T/A Zaha Hadid Architects And Berenblum Busch Architecture, Inc., For The Planning,
Architectural, Engineering, Design, Bid And Award, And Construction Administration Services For
The Collins Park Garage Project; Said Agreement In The Negotiated Lump Sum Amount Of
$2,438,123, Plus An Additional Not To Exceed Amount Of $413,700 (For Other Direct/ Specialty
Services), Plus An Additional Not To Exceed Amount Of $100,000 (For Reimbursable Expenses);
For A Total Amount Of $2,951,823; With Appropriated Funds From The Fiscal Year (FY) 11/12
Capital Budget, In The Amount Of $1,500,000 From Fund-365, City Center RDA Capital Funds,
And $1,451,823 From RDA Operating Budget Account No. 168-1985-000999; Further Authorizing
The City Manager And City Attorney To Finalize The Agreement And, Once Finalized, Authorizing
The Mayor And City Clerk To Execute The Agreement (Provided, However, That In The Event Of
Any Substantive Changes, As Determined By The City Manager And City Attorney, To The
Terms Of The Agreement Approved Pursuant To This Resolution, Then Requiring That The Final
Agreement Be Brought Back To The City Commission For Approval).
(Capital Improvement Projects/Procurement)
ACTION: Resolution No. 2012-27869 adopted. Motion made by Vice-Mayor Libbin; seconded
by Commissioner Exposito; Voice vote: 4-0; Absent: Commissioners Góngora, Tobin and
Weithorn. Fernando Vazquez to handle.
Jorge Gomez, Assistant City Manager, introduced the item.
6:30:56 p.m.
R7B A Resolution Approving And Authorizing The Appropriation Of Advance Funds In The Amounts
Of $1,103,450 From Fund 307 - NB Quality Of Life Resort Tax Fund, And $700,000 From Fund
305 - SB Quality Of Life Resort Tax Fund, For The Band Shell Park Master Plan Improvements
And The Flamingo Park Projects, Respectively; With Such Funds To Be Repaid From Miami-
Dade County General Obligation Bonds To Finance The Building Better Communities Program.
(Capital Improvement Projects)
ACTION: Resolution No. 2012-27870 adopted. Motion made by Vice-Mayor Libbin; seconded
by Commissioner Exposito; Voice vote: 4-0; Absent: Commissioners Góngora, Tobin and
Weithorn. Patricia Walker to appropriate the funds. Fernando Vazquez to handle.
Jorge Gonzalez, City Manager, introduced the item.
Vice-Mayor Libbin stated, for the record, that none of the projects established as part of the
Capital Improvement project using quality-of-life funds are to be interfered in any way. The
money being used is from unallocated dollar.
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R7C A Resolution Approving The Guaranteed Maximum Price (GMP) Submitted By James B. Pirtle
Construction Co. Inc., As Required Pursuant To The Pre-Construction Services Agreement,
Dated November 16, 2011, For The Construction Of The Flamingo Park Tennis Center Project;
Said GMP In The Amount Of $5,231,816, Plus An Owner’s Project Contingency Of $146,719, For
A Total Of $5,378,535; With Previously Appropriated Funding, In The Amount Of $373,561, From
Fund 377 - 99 G.O. Bonds; $2,398,163 From Fund 383 - 2003 G.O. Bonds; And $2,606,811
From Fund 388 - SP Post RDA CDT And Municipal Resort Tax.
(Capital Improvement Projects)
ACTION: Resolution No. 2012-27871 adopted. Motion made by Vice-Mayor Libbin; seconded
by Commissioner Exposito; Voice vote: 4-0; Absent: Commissioners Góngora, Tobin and
Weithorn. Fernando Vazquez to handle.
Jorge Gonzalez, City Manager, introduced the item.
6:32:52 p.m.
R7D A Resolution Directing That An Application For A Sidewalk Café Permit For The Drexel Avenue
And 16th Street Sidewalks In Front Of The Retail Spaces Of The Park @ 420 Garage, Located At
The Corner Of 16th Street & Drexel Ave., Be Sent To The Land Use And Development
Committee (LUDC) For Review And Approval.
(Planning Department)
ACTION: Item referred to the Neighborhood/Community Affairs Committee and the stay is
not lifted. Motion made by Vice-Mayor Libbin; seconded by Commissioner Exposito; Voice vote:
4-0; Absent: Commissioners Góngora, Tobin and Weithorn. Barbara Hawayek to place on the
committee agenda. Richard Lorber to handle.
Vice-Mayor Libbin stated that the agenda materials seem to indicate that the stay is being lifted.
Let the Committee determine the parameters and don’t lift the stay.
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R7E A Resolution Pertaining To That Certain City Construction Project Referred To As The “Biscayne
Point Neighborhood Right-Of-Way Improvements Project” (The Project) And, With Respect To
Such Project, Pursuant To The Authorization Granted To The City Manager Via Resolution No.
2011-27809 To Take Certain Actions To Procure The Necessary Emergency Design And
Construction Services Pursuant To A Negotiated Design-Build Contract The City Manager Has
Taken The Following Actions: 1) Prepared A Design Criteria Package (DCP) Through The City’s
Public Works Department (PWD); 2) Negotiated A Design-Build Contract With A Guaranteed
Maximum Price (GMP) With The Firm Of David Mancini & Sons, Inc. (DMSI), In The Amount Of
$X,XXX,XXX, Which Includes The Remaining Water, Stormwater, Landscape And Streetscape
Improvements For The Original Contract, Additional Scope Of Work Requested By The City’s
Public Works Department (PWD), And The Residents Of The Biscayne Point Neighborhood, And
Assumed Contractor Risk Associated With A Typical Design-Build Contract; 3) Negotiated A
Settlement Agreement With DMSI In The Amount Of $X,XXX,XXX, Which Includes Payment For
Work Performed As Part Of The Original Contract, Through The Settlement Date Of XXXXXX,
2012, Payment For Approved Change Orders And Credits Executed As Of The Date Of The
Settlement Agreement Execution, And Compensation For Delays And Claims Resulting From
Deficiencies In The Original Construction Documents; Where The Combined Sum Of The
Negotiated Design-Build GMP And The Negotiated Settlement Agreement Amount Is
$XX,XXX,XXX, Which Is Greater Than The Not-To-Exceed Amount Of $11,998,535, Previously
Approved By The City Commission Via Resolution No. 2011-27809, But Necessary To
Incorporate The Additional Scope Of Work, And Compensation For Delays And Claims; And
Requests Approval From The Mayor And City Commission For The Increased Amount And
Approval For An Increase To The Project Professional Services Budget, In The Amount Of
$X,XXX,XXX, For Supplementary Architectural/Engineering (A/E) Professional Services; With
Previously Appropriated Funding In The Amount Of $2,335,674; And Further Appropriating
$XXX,XXX From General Obligation Bond Fund XXX, $XXX,XXX From Water And Sewer Bond
Fund Xxx, And $XXX,XXX From Fund XXX, Stormwater Projects Line Of Credit, With Such
Funds To Be Repaid From Future Stormwater Bonds.
(Capital Improvement Projects Office)
(Memorandum to be Submitted in Supplemental)
6:33:59 p.m.
Supplemental Materials 2: Memorandum and Resolution
R7E A Resolution Amending Resolution No. 2011-27809, Which Authorized The City Manager To
Take Certain Actions Pertaining To The “Biscayne Point Right-Of-Way Improvements Project”
(The Project) Including: 1.) To Procure, Via Negotiation With The Firm Of David Mancini And
Sons, Inc. (DMSI), Certain Necessary Design And Construction Services Through A Design-Build
Contract With A Guaranteed Maximum Price (GMP) And, If Successful, Execute Such Contract;
And 2.) Concurrent Therewith, To Terminate, For Convenience, The City’s Current Contract With
DMSI For Construction (Only) Of The Project (The Former Contract), Pursuant To Invitation To
Bid No. 07-10/11 (ITB), And Enter Into And Execute A Settlement Agreement With DMSI For The
Former Contract; All, In The Approved Not To Exceed Amount (Including Design-Build Contract
GMP And Settlement Agreement Amounts) Of $11,998,535; Said Amendment Herein Requesting
The Mayor And City Commission Authorize An Increase To The Not To Exceed Amount
Approved Under Resolution No. 2011-27809, From $11,998,535, To $17,102,487, With The New
Total To Be Broken Down As Follows: 1.) Approving A New GMP For The Design-Build Contract
With DMSI, In The Amount Of $11,151,240 (Which New Amount Will Not Only Include The
Remaining Water, Stormwater, Landscape And Streetscape Improvements Under The Former
Contract, But Also Necessary Additional Scope Of Work Recommended By The City’s Public
Works Department (PWD) And Biscayne Point Residents, As Well As Factor In The Assumed
Contractor “Risk” Typically Associated With, And Built Into, Design-Build Contracts); And 2.)
Approving A New Amount For The Settlement Agreement, Of $5,951,247, Which Includes
Payment For All Work Performed Under The Former Contract, Through The Final Completion
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Date Established In The Settlement Agreement, As Well As Payment For Approved Change
Orders And Credits (Executed As Of The Effective Date Of The Settlement Agreement), And
Agreed Upon Compensation For DMSI’s Alleged Delay And Other Claims; With Previously
Appropriated Funding, In The Amount Of $2,843,892; Appropriating $562,047 From Water
Operating Fund 425 Capital Reserves; Re-Appropriating $855,599 From Project Savings In Fund
423 Gulf Breeze 2006, From The Completed Nautilus Neighborhood Right-Of-Way Improvement
Project; Appropriating $575,869 From Fund 427 Stormwater Operating Capital Reserves; Re-
Appropriating $1,995,007 In Stormwater Series 2011 Bonds Funds, Previously Appropriated For
Normandy Isle, Normandy Shores, And Nautilus Neighborhoods Right-Of-Way Improvement
Projects, For The Biscayne Point Neighborhood Right-Of-Way Improvements Project;
Appropriating $468,433 In Capital Reserve Funds For Increased Estimates For Above Ground
Costs From Original Estimates; And Further Re-Appropriating $355,645 From Capital Reserve
Funds To Pay As You Go Funds For Additional Above-Ground Scope For The Biscayne Point
Neighborhood Right-Of-Way Improvements Project; All For A Total Amount Of $7,656,492.
(Capital Improvement Projects Office)
(Memorandum & Resolution)
ACTION: Resolution No. 2012-27872 adopted. Motion made by Vice-Mayor Libbin; seconded
by Commissioner Wolfson; Voice vote: 4-0; Absent: Commissioners Góngora, Tobin and
Weithorn. Fernando Vazquez to handle.
Fernando Vazquez, Capital Improvements Projects Director, introduced the item.
Discussion held.
David Mancini spoke.
Mayor Bower stated that she is voting for this to get the project done, but she is not happy.
11:41:08 a.m.
SUPPLEMENTAL MATERIAL 1: Memorandum
R7F A Resolution Consenting To And Confirming The Appointment Of The New Fire Department
Chief For The City Of Miami Beach.
(Human Resources)
(Memorandum to be Submitted in Supplemental)
ACTION: Resolution No. 2012-27873 adopted. Motion made by Commissioner Góngora;
seconded by Commissioner Exposito; Voice vote: 6-0; Absent: Commissioner Weithorn. Ramiro
Inguanzo to handle.
Jorge Gonzalez, City Manager, introduced the new Fire Chief, Javier Otero.
Newly appointed Fire Chief Javier Otero spoke.
Robert Parcher, City Clerk, administered the Oath of Office, effective April 1, 2012.
Handout or Reference Materials
1. Signed oath
2. The Miami Herald, Sunday April 1, 2012, 3NE Neighbors Section, “Decorated veteran takes over as
fire chief” by David Smiley.
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SUPPLEMENTAL MATERIAL 1 Memorandum and SUPPLEMENTAL MATERIAL 2: Additional
attachment
R7G A Resolution Consenting To And Confirming The Appointment Of The New Police Department
Chief For The City Of Miami Beach.
(Human Resources)
(Memorandum to be Submitted in Supplemental)
ACTION: Resolution No. 2012-27874 adopted. Motion made by Commissioner Wolfson;
seconded by Commissioner Exposito; Voice vote: 4-2; Opposed: Vice-Mayor Libbin and
Commissioner Tobin; Absent: Commissioner Weithorn. Ramiro Inguanzo to handle.
Jorge Gonzalez, City Manager, explained the process for selecting the new Police Chief. He
stated that this has been a five or six month process to identify the successful candidate and
Assistant Chief Ray Martinez has been selected to be the next Police Chief for the City of Miami
Beach. He reviewed Ray’s Police background and credentials. He reviewed the selection
process which included two separate interview panels of stakeholders in this community including
law enforcement professionals, prosecutors, and HR professionals as well as residents and
business owners. The two panels narrowed down the applicants to four (4). A final interview
panel consisting of himself, City Attorney Jose Smith, former City Commissioner Victor Diaz,
Director, Miami-Dade County Police James Loftus, and Special Agenda in Charge Hugo Barrera,
Bureau of Alcohol, Tobacco, Firearms, and Explosives unanimously recommended two (2)
candidates, Ray Martinez as Chief and Mark Overton who is currently the Hialeah Police Chief
and who has accepted the position of City of Miami Beach Deputy Police Chief. At every set in
the process Ray consistently rose to the top. He endorses the recommendation of the final
interview panel.
Motion made by Commissioner Wolfson to approve the City Manager’s recommendation;
seconded by Commissioner Exposito.
Discussion held.
Carlos J. Martinez, Miami-Dade County Public Defender, spoke.
Frank Del Vecchio spoke.
Morris Sunshine spoke, and requested that the City Commission have a separate motion to
engage in six months an outside review of the department’s practices and policies.
Victor Diaz spoke,
Ivan Cano, representing the GLBT Committee, spoke.
Mitchell Korus, member of the Police Citizens Relations Committee, spoke.
Commissioner Tobin urged the City Commission to have more discussion on this matter and
explained the reasons why.
Vice-Mayor Libbin stated that one of the most difficult tasks is to face a large crowd and it takes a
lot of courage to do so. He stated that he is disappointed; notwithstanding, very appreciative for
the people that served on the selection committees. He is troubled that the process has failed
from the outset and he explained why.
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Commissioner Góngora explained why he will be voting in favor of the City Manager’s
recommendation. He added that he expects to have a full report in about six (6) months to a year
from the City Manager and the Chief as to how much money is being spent on overtime; how the
sector plan is functioning, and what is being done to remedy some of the police incidents such as
the Memorial Day shooting. Chief Martinez to handle.
Mayor Bower stated that she has not been lobbied and trusts the recommendation of the City
Manager and the process was a good process and she will be supporting the City Manager’s
recommendation of appointing Ray Martinez.
Vice-Mayor Libbin stated that when Mr. Martinez is confirmed he will be voting “no”, but make no
mistake he will support him.
Commissioner Exposito explained why he will be voting in favor of Ray Martinez as Chief. He
told Mr. Overton that he needs to be vocal in his new position.
Robert Parcher, City Clerk, administered the Oath of Office.
Commissioner Wolfson stated that he is pleased about how the process when and how the City
Charter was followed and everybody had their say. He is pleased and impressed and
congratulated Ray Martinez.
Newly appointed Police Chief Raymond Martinez spoke.
Handout or Reference Materials
1. Signed oath
2 The Miami Herald, Local Section, March 22, 2012, Page 3B titled “Martinez approved as top cop” by
David Smiley.
3. The Miami Herald, Local Section, March 19, 2012, Page 2B titled “Police chief-designate shows
independent streak” by Julie K. Brown.
4. The Miami Herald, Local Section, March 16, 2012, Page 2B titled “Police chief-designate vows reform,
innovation” by Julie K. Brown.
5. The Miami Herald, Local Section, March 18, 2012, titled “Cops: No booze on the beach” by Michael
Vasquez and Julie K. Brown.
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R9 - New Business and Commission Requests
R9A Board And Committee Appointments.
(City Clerk’s Office)
ACTION: The following appointments and actions were made:
Affordable Housing Advisory Committee:
Jonathan Fryd - (8) Local Planning Board Resigned effective 3/5/2012
Capital Improvements Projects Oversight Committee:
Saul Gross - (1) Mayor Designee Term ending 12/31/13 Appointed by Mayor Bower TL 12/31/15
Committee on the Homeless:
Rachel Zuckerman Term ending 12/31/13 Appointed by Commissioner Weithorn TL 12/31/17
Community Development Advisory Committee:
Steve Berke Term ending 12/31/13 Appointed by Commissioner Góngora TL 12/31/19
Fine Arts Board:
Seth Frohlich Term ending 12/31/13 Appointed by Commissioner Góngora TL 12/31/19
Miami Beach Human Rights Committee:
Williams Warren Jr. Term ending 12/31/13 Appointed by Mayor Bower TL 12/31/19
Miami Beach Sister Cities Program:
Ileana Bravo -Rio De Janeiro, Brazil Term ending 12/31/12 Appointed by Mayor Bower TL 12/31/19
Ray Breslin- Brampton, Canada Term ending 12/31/13 Appointed by Mayor Bower TL 12/31/16
Jennifer Diaz- Santa Marta, Columbia Term ending 12/31/12 Appointed by Mayor Bower TL 12/31/19
Wendy Kallergis- Pescara, Italy Term ending 12/31/13 Appointed by Mayor Bower TL 12/31/19
Jenna Ward- Almonte, Spain Term ending 12/31/13 Appointed by Mayor Bower TL 12/31/19
Planning Board:
Jonathan Fryd Developer Resigned effective 3/5/2012
Robert Wolfarth Developer Term ending 12/31/13 City Commission Appointment TL 121/31/17
7:17:50 p.m.
R9A1 Board And Committee Appointments - City Commission Appointments.
(City Clerk’s Office)
ACTION: The following City Commission appointments were made:
Motion made by Commissioner Wolfson to appoint Robert Wolfarth to the Planning Board
(Developer); seconded by Commissioner Exposito; Voice vote: 4-0; Absent: Commissioners
Góngora, Tobin and Weithorn. Richard Lorber to handle.
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SUPPLEMENTAL MATERIALS 2: Resolution
R9A2 Reappointment Of Mayor Matti Herrera Bower To The Tourism Development Council.
(Requested by Mayor Matti Herrera Bower)
ACTION: Resolution No. 2012-27875 adopted. Motion made by Vice-Mayor Libbin; seconded
by Commissioner Exposito; Voice vote: 4-0. Absent: Commissioners Góngora, Tobin and
Weithorn. Rebecca Wakefield to handle.
2:06:43 p.m.
R9B1 Dr. Stanley Sutnick Citizen’s Forum. (12:30 p.m.)
ACTION: The following individuals spoke:
1) Jean Kulick expressed her opposition to the Off-Leash Dog Program at South Pointe Park.
2) Jo Manning spoke about the beach walk. Unfortunately, there are people speeding with the
bikes and also the segways and the skate boards. Last week, three motorcycles were on the
beach walk while she was walking with her husband. No motorized vehicles should be
allowed on the beach walk.
3) Wally Moran spoke about restricting anchoring at the Sunset Lake.
4) Paul Jonas spoke in support of Ms. Kulick, and stated that the only answer that makes sense
is enforcement, pay for the enforcement, then increase the fines.
7: 14:38 p.m.
R9B2 Dr. Stanley Sutnick Citizen’s Forum. (5:30 p.m.)
ACTION: The following individual spoke:
1) Paul Jonas spoke in support of drinking and straws on the beach.
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SUPPLEMENTAL MATERIAL 1: Additional Information
R9C Presentation By The Miami-Dade Water And Sewer Department, Related To Horizontal
Directional Drilling (HDD) Options At The Government Cut Pipeline Relocation Project.
(Public Works)
ACTION: Discussion held and presentation made. Motion made by Vice-Mayor Libbin;
seconded by Commissioner Tobin; Voice vote taken: 4-0; Absent: Commissioners Góngora,
Tobin and Weithorn. Fred Beckmann to handle.
MOTION:
1) Miami-Dade County owns this project
2) Miami-Dade County to make the decision to do it in the safest manner with the most
sensitivity to the residents. Not the quickest but the safest manner.
3) Obtain the permit, if needed, City officials will travel to Tallahassee to see the governor to get
permitting expedited. If this cannot be done then; Miami-Dade County will do the option that
they have the authority to do. Unfortunately that will be going through Murano, but this is
Miami-Dade County’s decision.
END
John Renfrow, Miami-Dade W ater and Sewer Department Director, gave a presentation.
Discussion held.
Michael Larkin spoke on behalf of The Apogee.
Discussion held.
Pete Hernandez, Consultant to Miami-Dade W ater & Sewer Department, spoke.
Derek Zoldy spoke.
Discussion continued.
Motion
1) Miami-Dade County owns this project
2 Miami-Dade County to make the decision to do it in the safest manner with the most
sensitivity to the residents. Not the quickest but the safest manner.
3) Obtain the permit, if needed, city officials will travel to Tallahassee to see the governor to get
permitting expedited. If this cannot be done then; Miami-Dade County will do the option that they
have the authority to do. Unfortunately that will be going through Murano, but this is Miami-Dade
County’s decision.
Motion restated by Commissioner Tobin that Miami-Dade County will proceed with the safest and
expeditious manner possible.
Handout or Reference Materials:
1. Color aerial view map of Sanitary Pump Station, from Miami-Dade County Water and Sewer-RIC-MAN
Construction, Inc, titled “Existing Force Main Location and Limits of Dredging” Government Cut
Utilities Relocation Program.
2. Color aerial view map of Government Cut Utility Relocation Projects OCI Project No. DB10-WASD-01
ESP Force Main Alternatives 3, 6 & 7 - Miami-Dade County Water and Sewer Department
Engineering and Design Division- RIC-MAN Construction, Inc.
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3. Color copies of PowerPoint Presentation from Miami-Dade Water & Sewer Department Engineering
Evaluation – Replacement of Existing 54-inch FM Using HDD Methodologies. AECOM Technical
Services, Inc, Derek Zoldy, P. Eng.
5:14:55 p.m.
R9D Discussion Regarding The Creation Of A Task Force To Help Resolve The Lack Of Health
Services In Three Miami Beach Schools.
(Requested by Vice-Mayor Jerry Libbin)
ACTION: Discussion held. Motion made by Vice-Mayor Libbin; seconded by Commissioner
Wolfson to approve the creation of the Task Force; Voice vote: 4-0; Absent: Commissioners
Góngora, Tobin and Weithorn. Leslie Rosenfeld to handle.
Vice-Mayor Libbin introduced the item and asked Karen Rivo, Committee for Quality Education
Chair, to explain the issue in further detail.
Karen Rivo, Chair, Committee for Quality Education in Miami Beach, stated that there is a lack of
healthcare in feeder patterns schools and after trying to resolve the issue, the committee made a
motion to form a Joint Task Force with the Chamber of Commerce. She thanked Vice-Mayor
Libbin and Wendy Unger for stepping forward to jointly addressing this issue and coming up with
solutions.
Discussion held.
Vice-Mayor Libbin explained that Aetna representatives entered the City into a contest nationwide
to submit a health-related project, and asked Valerie to explain how the City can win for the
community and especially the students.
Valerie Rasken Director of Marketing & Communications, explained the contest ”Voices for Help.”
Motion made by Vice-Mayor Libbin; seconded by Commissioner Wolfson; Voice vote 4-0; Absent:
Commissioners Góngora, Tobin and Weithorn.
6:43:51 p.m.
R9E Discussion Regarding The Mayor And Commission Aide’s Reclassification.
(Requested by Commissioner Edward L. Tobin)
ACTION: Discussion held. Item to be looked at by the Administration and discussed at the
Commission Retreat; approved by acclamation; absent: Commissioners Góngora, Tobin, and
Weithorn. Ramiro Inguanzo to handle.
Mayor Bower requested that Jorge Gonzalez, City Manager, to look at the reclassification of the
Commissioner’s Aides and discuss during the Commission Retreat.
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6:44:10 p.m.
R9F Discussion Regarding Appealing The Decision Of The DRB Not To Permit A Hedge In South
Pointe Park.
(Requested by Vice-Mayor Jerry Libbin)
ACTION: Discussion held. Motion made by Vice-Mayor Libbin to direct the Administration to
appeal the DRB order; seconded by Commissioner Exposito; Voice vote: 4-0; Absent:
Commissioners Góngora, Tobin and Weithorn. Kevin Smith to handle.
Vice-Mayor Libbin introduced the item and directed Administration to appeal the order.
6:46:23 p.m.
SUPPLEMENTAL MATERIAL 1: Memorandum
R9G Report On The Washington Avenue Workshop Held On February 22, 2012.
(Economic Development)
(Memorandum to be Submitted in Supplemental)
ACTION: Report given.
Vice-Mayor Libbin wants the public to know that there were notes taken about the problems and
they will be addressing those internally and will go to committee for further discussion.
6:47:11 p.m.
SUPPLEMENTAL MATERIALS 2: Resolution
R9H Discussion Regarding The City Of Miami Beach Joining An Amicus Brief Prepared By Santa
Clara County And Supported By The U.S. Conference Of Mayors Regarding The Immigration-
Related Case Arizona V. United States.
R9H Discussion Regarding A Resolution Supporting The Amici Curiae (Friends Of The Court) Brief
Filed By The United States Conference Of Mayors, And Numerous Counties And Cities Across
The Country, Supporting The Decision Of The United States Court Of Appeals For The Ninth
Circuit Enjoining The Implementation Of The State Of Arizona’s Immigration Law.
(Requested by Mayor Matti Herrera Bower)
ACTION: Resolution No. 2012-27876 adopted. Motion made by Vice-Mayor Libbin; seconded
by Commissioner Exposito; Voice vote: 4-0; Absent: Commissioners Góngora, Tobin and
Weithorn. City Attorney’s Office to handle.
Jose Smith, City Attorney, introduced the item and explained the Amicus Brief. The U.S.
Conference of Mayors have asked the City of Miami Beach to be a “friend of the court” and be
part of the Brief to be filed in the U.S. Supreme Court, and his recommendation is to move
forward.
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Addendum 2:
R9I Discussion Regarding The Possibility Of Extending The Operating Hours Of Certain Nightlife
Venues By Two Hours On The Evenings Of March 22-25, 2012, Pursuant To Chapter 6, Article I,
Section 6-3(7) Of The City Code.
(Requested by Commissioner Jonah Wolfson)
ACTION: Discussion held. Item withdrawn by Commissioner Wolfson.
Commissioner Wolfson explained his proposal of an extension of liquor hours to help the small
business and there is an issue with the 15-day notice.
Discussion held. Item withdrawn by Commissioner Wolfson.
Raul Aguila, Deputy City Attorney, spoke.
R10 - City Attorney Reports
R10A City Attorney’s Status Report.
(City Attorney Office)
ACTION: Discussion held. Status report given by the City Attorney.
3:45:50 p.m.
Mayor Bower announced the following Attorney-Client Session below.
The Attorney-Client Session will be held during the lunch recess of the City Commission Meeting on
March 21, 2012, in the City Manager’s Large Conference Room. 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 regarding the following case:
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.
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6:51:12 p.m.
Jose Smith, City Attorney, announced the Attorney-Client Session below:
R10B Closed Attorney-Client Session
Pursuant To §286.011, Florida Statutes, The City Attorney Hereby Advises The Mayor And City
Commission That He Desires Advice Concerning The Following Pending Litigation Matter:
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 March 21, 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: Attorney-Client Session announced and held. Resolution No. 2012-27877 adopted.
Motion made by Commissioner Exposito; seconded by Vice-Mayor Libbin to approve to settle all
lien matters involving Museum Walk for $550,000; Voice vote: 4-0; Absent: Commissioners
Góngora, Tobin and Weithorn. City Attorney’s Office to handle.
3:45:47 p.m.
Announcement by the City Clerk.
R10C Notice Of Closed Executive Session
Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will Be Held During
Recess Of The City Commission Meeting On Wednesday, March 21, 2012, In The City
Manager’s Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To
Collective Bargaining.
The Closed Executive Session Will Be Held In The City Manager’s Large Conference Room,
Fourth Floor, City Hall.
ACTION: Closed Executive Session announced and held.
Reports and Informational Items
Reports and Informational Items (see LTC 071-2012)
End of Regular Agenda
Meeting adjourned at 7:19:20 p.m.