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20121104 AAAfteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 1 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx City Commission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive April 11, 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. PA1 Certificate Of Appreciation/MBPD's Officer Of The Month. (Exposito) 23 PA2 Certificate of Recognition/Rabbi Solomon Schiff For His Lifetime Achievements. (Exposito) PA3 Certificate Of Recognition/Parks And Recreation Department. (Exposito) PA4 Proclamation Declaring Earth Week Beginning On April 21, Earth Day. (Góngora) PA5 Certificates Of Recognition/Jose Alberto, Mark Causey And Eduardo Yero. (Góngora) PA6 Proclamation/Bioplanet USA, Women’s International Zionist Org. And John Oldenburg. (Weithorn) PA7 Presentation Of A Check From The Chamber Of Commerce, City’s IB Program. (Libbin) PA8 Certificates Of Recognition/Lucy Ovale, UNIDAD’s Senior Placement Program. (Wolfson) PA9 Certificate Of Appreciation/Department Of Children & Families, Miami Beach Office. (Wolfson) PA10 New Item: Proclamation/Jonathan Fryd, Service On The Planning Board. (Weithorn) PA11 New Item: Proclamation/Clark Douglas Burris, 40 Years Of Music Education. (Bower/Tobin) C2A Approve Purchase, (12) Honda Vehicles And (1) Ford Evidence Collection Vehicle. 27 C2B Award Contracts, Lease Of Copiers And Production Printing Equipment. 39 C2C Award Contracts, Door Related Repair And Replacement Services. 53 C4A Ref: FCWPC - RFP For Management And Operation Of Street Markets In Miami Beach. 61 C4B Ref: LUDC - One Year Trial Period For Serving Of Alcohol At Club Madonna. (Weithorn) 63 C4C Ref: LUDC - Amendment To Section 30-36, Appointment Of Chief Special Master. 65 C4D Ref: Planning Board - RM-3 Regulations, Attached/Detached Buildings Additions. (Tobin) 67 C4E Ref: Planning Board - Adopt Requirement - Distance Between Liquor Stores. (Exposito) 71 C4F Ref: FCWPC - Establish The Position Of A Condominium Ombudsman In CMB. (Libbin) 73 C4G Ref: Sustainability Comm. - Not Permit City Vehicles To Remain Idling. (Góngora) 75 Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 2 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx C4H Ref: LUDC - Parking Issues Relating To 816 West 40th Street. (Wolfson) A3/Handout C4I Ref: LUDC - Legalization Of The Current Use Of 3767 Chase Avenue. (Wolfson) A3/Handout C6A Report: Capital Improvement Projects Oversight Committee Mtg On February 6, 2012. 81 C6B Report: Neighborhood/Community Affairs Committee Meeting On March 27, 2012. 89 C6C Report: Land Use And Development Committee Meeting On March 28, 2012. 99 C7A Submit Grant Applications To Various Funding Agencies. 109 C7B Accept Recommendation, Citywide Geotechnical And Laboratory Testing Services. 117 C7C Approve Sole Source Purchase, Parking Equipment For Sunset Harbor Parking Garage. 135 C7D Set Public Hearing, Appeal DRB’s Order For 1 Washington Avenue - South Pointe Park. 143 C7E Submit Application For Designation By The East Coast Greenway Alliance (ECGA). 147 C7F Set Public Hearing, Grant Revocable Permit For Property Located At 1916 Bay Road. 161 C7G Accept Recommendation, Execute Letter Of Agreement - Art Basel Zone. 179 C7H Accept Recommendation, Approve Letter Of Agreement - Byron Carlyle Theater. 189 C7I Accept Donation From The Miami Beach Arts Trust For The Arts Gala Grants Program. 199 C7J Accept Donation For City’s (IB) Educational Program. (Libbin) 209 C7K Appoint A Representative For Membership On The M-DC Charter Review Task Force. 211 R5A 2nd Rdg, Amend Several Code Chapters, Provide Civil Penalty Provisions. 215 R5B 2nd Rdg, Amend Agencies, B&C-Disability Access. (Wolfson) 227 R5C 2nd Rdg, Notice Requirements For Continuances-Land Use Boards. (Wolfson) 5/7 235 R5D 2nd Rdg, Short Term Rental Of Apartment Units Or Townhomes. (Exposito) 5/7 247 R5E 2nd Rdg, Amend Litter Ordinance. (Exposito/Libbin/Weithorn) 259 R5F1 2nd Rdg, AFSCME Local 1554 Cost-Of-Living Adjustment (COLA) 273 R5F2 2nd Rdg, FOP William Nichols Lodge No. 8 Cost-Of-Living Adjustment (COLA). 285 R5F3 11:32 a.m. 2nd Rdg, IAFF Local 1510 Cost-Of-Living Adjustment (COLA) 295 R5F4 11:33 a.m. 2nd Rdg, CWA Local 3178 Cost-Of-Living Adjustment (COLA) 305 R5F5 11:34 a.m. 2nd Rdg, GSAF, OPEIU, Local 100 Cost-Of-Living Adjustment (COLA) 317 R5G 1st Rdg, Vacant Storefront Screens And Signs. (Jerry Libbin) 5/7 327 R5H 1st Rdg, Rooftop Small Wind Turbines. (Tobin) 5/7 335 R5I 1st Rdg, Board Member Qualifications And Categories. (City Commission) 5/7 343 R5J 1st Rdg, Amend Arts, Culture And Entertainment Ordinance. 353 R7A Approve Memorial Honoring Barbara Capitman In Lummus Park. (Bower) 367 R7B Take Actions Pertaining To Undergrounding Of Overhead Utilities-Hibiscus Island. 379 R7C Accept Recommendation, Purchase And Installation Of New Multi-Space Pay Stations. 437 R7D 5:10 p.m. Approve Preferred Alternative For The West Avenue Bridge Project. 447 R7E Accept Recommendations Regarding The Ad Hoc Tennis Committee. 459 R7F 10:10 a.m. Consent To Appointment Of New City Clerk For The City Of Miami Beach. 467/SM R9A Board And Committee Appointments. 471 R9A1 Board And Committee Appointments - City Commission Appointments. 477 R9A2 Appoint Charlie Urstadt To The Affordable Housing Advisory Committee. 487 R9B1 12:30 p.m. Dr. Stanley Sutnick Citizen’s Forum. 489 R9B2 5:30 p.m. Dr. Stanley Sutnick Citizen’s Forum. 489 R9C Discuss: Resolution To Increase Collection Efforts Of Unpaid Parking Tickets. (Exposito) 491 R9D 5:00 p.m. Discuss: Update Regarding The Collins Canal Project. (Tobin) A1 R9E 12:00 p.m. Discuss: Use Of Commission Chambers For Developer’s Meeting. (Bower) A1 R9F Discuss: Status Of (3) Historic Buildings Damaged In Last Year’s Arson Fires. (Bower) A2 R10A City Attorney’s Status Report. 497 Reports and Informational Items (see LTC No. 088-2011) 503 Meeting called to order at 9:52:43 a.m. Inspirational Message given by Rabbi Solomon Schiff. Pledge of Allegiance led by Aaron Perry. Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 3 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx SUPPLEMENTAL MATERIAL: R7F – Memorandum and Resolution ADDENDUM MATERIALS 1, 2 and 3: Motion made by Commissioner Góngora to add items C4H, C4I, R9D, R9E, and R9F to the Agenda as emergency items; seconded by Commissioner Tobin; Voice vote: 7-0. Presentations and Awards 10:54:57 a.m. PA1 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of The Month For January And February 2012. (Requested by Commissioner Jorge R. Exposito) ACTION: Certificates presented to Detective Orlando Sosa for the month of January 2012, and Officer Joel Gonzalez for February 2012. Commissioner Exposito explained that Detective Sosa was the lead investigator in a car fire/homicide incident; he returned to the scene, provided flyers in the area and prompted a witness whose help led the Police to apprehend the individual. Commissioner Exposito recognized Detective Sosa for his services and excellent work. In addition, Commissioner Exposito explained that Officer Gonzalez responded to a fight where he found a victim on the ground as a result of a critical stab wound; Officer Gonzalez applied pressure on the wound and was able to keep the victim alive until rescue arrived. Had it not been for the actions of Officer Gonzalez, the victim would have bled to death. Chief Martinez accepted the Certificates on the officers’ behalf. Chief Martinez added that Detective Denny Hernandez, who had been previously recognized by Commissioner Exposito in the past, was selected as Officer of the Month for Miami-Dade County. Handout or Reference Materials: 1. List of Recipients Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 4 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx 9:56:30 PA2 Certificate of Recognition To Be Presented To Rabbi Solomon Schiff For His Lifetime Achievements. (Requested by Commissioner Jorge R. Exposito) ACTION: Certificate presented. Commissioner Exposito explained that Rabbi Solomon Schiff has been the Director of the Greater Miami Jewish Federation's Community Chaplaincy Service since 1966 and the Executive Vice President of the Rabbinical Association of Greater Miami since 1964. Rabbi Solomon has led two interfaith missions to Israel and received a Papal Medal from Pope Benedict XVI for his outstanding service on behalf of interfaith relations. He is the founding member of the Greater Miami Jewish Federation Holocaust Memorial Board, and currently serves as Chair. Rabbi Schiff received a B.A. in Political Science at Brooklyn College, a M.A. in Counseling at the University of Miami, and a Doctorate of Pastoral Counseling at the Hebrew Theological College in Skokie, Illinois. Rabbi Schiff has made numerous television appearances locally and nationally, including "60 Minutes", CNN, “Nightline”, “Viewpoint” (PBS) and "Man to Man"; Rabbi Schiff was also profiled in Time Magazine. Commissioner Exposito recognized Rabbi Schiff’s wife Shirley, and added that Rabbi Schiff demands high respect and everyone in the City admires him for his integrity. The City is honored that Rabbi Schiff is a citizen of Miami Beach. Commissioner Exposito added that Rabbi Schiff recently wrote a book titled “Under the Yarmulke,” which details the Rabbi’s life experiences and studies, and encouraged everyone to read it. Vice-Mayor Libbin stated that Rabbi Schiff married Raquel and him 26 years ago this April, and added that Rabbi Schiff is helping another mission to Israel. He thanked Rabbi Schiff for all his accomplishments. Rabbi Solomon Schiff thanked the City Commission and the Mayor, and presented Mayor Bower with a copy of his book. Handout or Reference Materials: 1. List of Recipients Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 5 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx 11:11:35 a.m. PA3 Certificate Of Recognition To Be Presented To The Parks And Recreation Department For Receiving Three (3) Community Recognitions. (Requested By Commissioner Jorge R. Exposito) ACTION: Certificate presented. Commissioner Exposito explained that the Parks and Recreation Department is being recognized by the Community Committee for Development Handicaps (CCDH) and Children Programs for their inclusion in action awards presented at Fairchild Gardens. The Parks and Recreation Department also received the Team Club Award for their clean-up projects, as well as for contributing to preserving the environment. Lastly, the Department received an award from The Center for Autism and Related Disorders (CARD), which bestowed upon the City of Miami Beach the Services Award for the Surf Camp Program for children with autism. Commissioner Exposito thanked the department staff for their hard work. A video will be shown at a later time per Mayor Bower’s request. Handout or Reference Materials: 1. List of Recipients 10:05:20 a.m. PA4 Proclamation Declaring Earth Week For The City Of Miami Beach Beginning On April 21, Earth Day. (Requested by Commissioner Michael Góngora) ACTION: Proclamation presented. Commissioner Góngora announced the beginning of 2012 Earth Day on April 21st, and explained that the City has committed a lot of time and resources into becoming a sustainable leader. Recently Mayor Bower and himself met with President Obama’s Chief Environmental Advisor, who commended the City on its sustainability plan. This year marks the 30th anniversary of Baynanza, a fun-filled week-long celebration for one of our most precious natural resources, Biscayne Bay. For this event the City is partnering with ECOMB to host a volunteer clean-up site at Maurice Gibbs Park and Flagler Memorial Island on Saturday, April 23 at 8:30 a.m. Also that afternoon, they will commemorate Arbor Day at 9th Street and Lummus Park, from 2:30 p.m. to 6:00 p.m., as well as having a tree planting ceremony. Several of their partners will be there, including ECOMB, Coca-Cola Deco Bike and the Card Charging stations. Today the City is also celebrating Water Conservation Week and he explained the advantages offered today at City Hall. He added that kicking off on April 19th a citywide event, “Sustainatopia” will be held, and added that on April 21st the City Commission will be officially commemorating 2012 Miami Beach Earth Day with a proclamation. Luiz Rodriguez, Executive Director, ECOMB, spoke. Elizabeth Wheaton, Environmental Resource Manager, Public Works, spoke. Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 6 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx 10:58:40 a.m. PA5 Certificates Of Recognition To Be Presented To Jose Alberto, Captain Mark Causey And Lieutenant Eduardo Yero For Their Hard Work And Dedication To Increased Enforcement Resulting In The Cleanliness Of Our Beaches. (Requested by Commissioner Michael Góngora) ACTION: Certificates presented. Commissioner Góngora recognized Captain Causey and Lieutenant Yero of the Miami Beach Police Department, for their efforts and teamwork during the recent beach cleanup. Captain Mark Causey spoke. 10:36:35 a.m. PA6 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) (Deferred from March 21, 2012) ACTION: Proclamation presented. Commissioner Weithorn introduced the item and explained that with the organization’s and John Oldenburg’s efforts, the City now has a park with the native plant species. Commissioner Weithorn asked the representatives to explain. Jack Haime, President Bioplanet USA, explained that this was part of the campaign Million Trees Miami, which is one of the communitywide environmental campaigns. The Women’s International Zionist Organization (WIZO), in a combined effort with Bioplanet, was able to plant more than 243 trees in the City and they announced a repeat event on January 27, 2013. They recognized and thanked John Oldenburg and Christina Casado, Director of Community Advisory Board for the County, for their cooperation. John Oldenburg, Assistant Parks and Recreation Director, recognized the Greenspace Management team in the City, and thanked the City Commission and Mayor Bower for their support. Commissioner Weithorn thanked WIZO for their commitment. Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 7 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx 10:47:39 a.m. PA7 Presentation Of A Check To The City Of Miami Beach From The Chamber Of Commerce’s Education Foundation For Support Of The City’s IB Program. (Requested by Vice-Mayor Jerry Libbin) ACTION: Check presented. Item heard in conjunction with C7J. Vice-Mayor Libbin introduced Miami Beach Chamber of Commerce representatives. Jason Loeb, Miami Beach Chamber of Commerce Chairman, thanked the City Commission for this recognition. Jorge Gonzalez, City Manager, stated that every school in the City of Miami Beach is now accredited and certified with the International Baccalaureate program. Jason Loeb thanked the Boucher family for their donations and partnership. Commissioner Tobin expressed his appreciation, and Mayor Bower also expressed gratitude for their cooperation in working with the City. City Clerk’s note: See Agenda item C7J. 11:05:59. a.m. PA8 Certificates Of Recognition To Be Presented To Lucy Olave Ovale, Participant, And Her Employer, The Little Havana Activities & Nutrition Center, UNIDAD’s Senior Placement Program. (Requested by Commissioner Jonah Wolfson) ACTION: Certificates presented. Commissioner Wolfson introduced the item, explained the program and introduced Ms. Olave. Lucy Olave expressed her appreciation, and stated that more funding is needed to continue the program. Maria Elisa Juara, Little Havana Activities & Nutrition Center Director, thanked the City Commission and Mayor Bower for the recognition. 11:01:02 a.m. PA9 Certificate Of Appreciation To Be Presented To Department Of Children & Families, Miami Beach Office. (Requested by Commissioner Jonah Wolfson) ACTION: Certificate presented. Commissioner Wolfson introduced the item. Curtis Chatman explained the services provided at 945 Pennsylvania Avenue. Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 8 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx 10:43:51 a.m. New Item: PA10 Proclamation To Be Presented To Jonathan Fryd, Service On The Planning Board, (Requested by Commissioner Weithorn) ACTION: Proclamation presented. Commissioner Weithorn introduced the item and saluted Mr. Fryd for his years of services on the Planning Board. Commissioner Weithorn stated that during her illness, Mr. Fryd was spectacular and she appreciates that on a personal note. Jonathan Fryd thanked the City Commission. 10:12:17 a.m. New Item: PA11 Proclamation To Be Presented To Clark Douglas Burris, 40 Years Of Music Education. (Requested by Mayor Bower and Commissioner Tobin) ACTION: Proclamation presented. Commissioner Tobin introduced Mr. Burris and explained that Mr. Burris received his Masters from the University of Miami; he was hired by Dr. Solomon Lichter at Miami Beach High, and began teaching in September 1971. In 1972 Mr. Burris formed the Rock Ensemble program at Miami Beach High. The group has been invited to travel to numerous competitions, and has placed with high honors in national competitions. Rock Ensemble is nationally recognized. Rock Ensemble has received media attention and many awards, such as the Rock and Roll Hall of Fame award in 1999. Mr. Burris has given his gift of teaching music to this community for over 40 years; everyone loves him; students have been mentored by him, he is a legend and has given this community his heart and soul. Today this Commission wants to recognize Mr. Burris by proclaiming today Clark Douglas Burris in the City of Miami Beach. Commissioner Tobin announced that on April 28th they will celebrate the Rock Ensemble 40th anniversary. TV interview video was shown. Clark Douglas Burris thanked everyone for giving him this proclamation and for having pure fun all these years; “it's an honor and a pleasure to teach at Miami Beach High.” Mr. Burris thanked the community, teachers, principal and the most unbelievable students in the world for their support. Vice-Mayor Libbin congratulated him and added that a fundraiser is being coordinated between the Chamber of Commerce and Polo Matches to raise funds to replace the marching band uniforms that have been destroyed. Vice-Mayor Libbin encouraged everyone to purchase tickets. Mayor Bower also presented Mr. Burris with the Key to the City. Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 9 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx 11:14:01 a.m. Announcement: Mayor Bower stated that the Commission Meeting will take a recess at noon. She requested that proclamations be reduced to two per Commissioner. 11:15:42 a.m. New Item: Proclamation Presented To Robert E. Parcher, City Clerk, on his retirement. Mayor Bower stated that Bob is always helpful and courteous; and explained that they attended his Retirement party, where this proclamation was given, but she wanted to present it ag ain at this time. Bob is a wonderful person and City Clerk; and she appreciate his help throughout the years; he is such a good natured person; he handles everything with such respect, peacefully, quietly and so efficient. Mayor Bower proclaimed today “Robert E. Parcher Day.” She is sad to see him go, but she knows that he will enjoy his grandchildren. “Thank you for your years of service.” Jorge Gonzalez, City Manager, read the proclamation. Bob has served in the military, spent 21 years as IT director for the City of Miami and 16 years with Miami Beach as City Clerk; he was awarded several medals in Vietnam, including a purple heart medal. He has had the privilege of working with him for over the years, and he is head and shoulder over anyone he has ever worked with, he wished him success with his family and kids. Robert Parcher, City Clerk, thanked everyone. CONSENT AGENDA ACTION: Motion made by Vice-Mayor Libbin to approve the Consent Agenda; seconded by Commissioner Exposito; Voice-vote: 7-0. C2 - Competitive Bid Reports C2A Request For Approval To Purchase Twelve (12), Honda Four Trax Rubicon All Terrain Vehicles From G, J & L Inc., Pursuant To Invitation To Bid (ITB) No. 31-11/12, In The Amount Of $93,096.00 And One (1) 2012 Ford E-450 Evidence Collection Vehicle, Pursuant To General Services Administration Contract No. GS-07f-9464G, In The Amount Of $147,547.72. (Fleet Management) ACTION: Request authorized. Drew Terpak to handle. Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 10 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx C2B Request For Approval To Award Contracts To The Lowest And Best Bidders Per Group As Follows: 1) Sharp Business Systems, For Group I - Lease Of Copiers, In The Estimated Annual Amount Of $41,716.80 For Fiscal Year 2011/2012, And $125,150.40 Annually For Subsequent Fiscal Years; 2) Canon Business Solutions, For Group II - Production Printing Equipment, In The Estimated Annual Amount Of $29,654.32 For Fiscal Year 2011/2012, And $88,962.96 Annually For Subsequent Fiscal Years, Pursuant To Invitation To Bid No. 1-11/12, For The Lease Of Copiers And Production Printing Equipment. (Procurement) ACTION: Request authorized. Raul Aguila to handle. C2C Request For Approval To Award Contracts To AAA Automated Door Repair, Inc., Best Garage Doors, Inc., And Dash Door And Closer Service, Inc., Pursuant To Invitation To Bid (ITB) No. 9- 11/12, For Door Related Repair And Replacement Services, In The Annual Estimated Amount Of $32,000 For Fiscal Year 2011/2012, And $75,000 Annually For Subsequent Fiscal Years. (Public Works/Procurement) ACTION: Request authorized. Fred Beckmann to handle. C4 - Commission Committee Assignments C4A Referral To The Finance And Citywide Projects Committee - Discussion Regarding The Issuance Of A Request For Proposals (RFP) For The Management And Operation Of Street Markets In Miami Beach At Various Locations. (Real Estate, Housing & Community Development) ACTION: Referred. Patricia Walker to place on the committee agenda. Hilda Fernandez to handle. C4B Referral To The Land Use And Development Committee - Consideration Of A One Year Trial Period For The Serving Of Alcohol At Club Madonna Followed By A Review Of The Issue Upon The Sunset Of The Trial Period In Exchange Of Agreed Improvements To The Facade Of The Business And Public Benefits To Neighboring Educational Institutions. (Requested by Commissioner Deede Weithorn) ACTION: Withdrawn by Commissioner Weithorn. Handout or Reference Materials: 1. Email from Frank Del Vecchio dated April 09, 2012 RE: Oppose a Liquor License for All-Nude Club Madonna C4C Referral To The Land Use And Development Committee - Request From The City Attorney’s Oversight Committee To Discuss Amendment To Section 30-36, Appointment Of Chief Special Master. (City Attorney’s Office) ACTION: Referred. Richard Lorber to place on the committee agenda. City Attorney’s Office to handle. Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 11 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx 5:07:32 p.m. C4D Referral To The Planning Board - RM-3 Regulations Concerning Attached And Detached Additions To Buildings In The Architectural District. (Requested by Commissioner Edward L. Tobin) (Legislative Tracking: Planning Department) ACTION: Referred as amended. Item separated for discussion by Mayor Bower. Motion made by Commissioner Tobin to refer the item to a Joint Meeting of the Planning Board and the Historic Preservation Board (HPB); seconded by Commissioner Exposito; Voice vote: 6-1; Opposed: Mayor Bower. Richard Lorber to place on the board agendas and to handle. Amendment Item referred to a Joint Planning and HPB Meeting End Jorge Gomez, Assistant City Manager, explained the item. Discussion held. Mayor Bower stated, for the record, that she would like to hear what the Historic Preservation Board has to say on this issue. She is concerned when the City changes an ordinance for one developer. This will impact other buildings in the Historic District, and this is why she is voting “no.” This is one more reason why she is placing the charter question on the ballot. Discussion continued. Mayor Bower stated that she does not think this should be done because it deteriorates the composition of the City. Vice-Mayor Libbin stated that after this item goes to the Planning Board and the Historic Preservation Board it will come back to the City Commission for approval. Mayor Bower stated that this will open the door for other people that want to make money. Motion made by Commissioner Tobin to refer the item to a Joint Meeting of the Planning Board and the Historic Preservation Board; seconded by Commissioner Exposition; Voice vote 6-1; Opposed: Mayor Bower. Richard Lorber to handle. C4E Referral To The Planning Board - 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. (Requested by Commissioner Jorge R. Exposito) (Legislative Tracking: Planning Department) ACTION: Referred. Richard Lorber to place on the board agenda and to handle. Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 12 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx C4F Referral To The Finance And Citywide Projects Committee - Discussion Regarding A City Code Amendment To Establish The Position Of A Condominium Ombudsman In The City Of Miami Beach. (Requested By Vice-Mayor Jerry Libbin) ACTION: Referred. Patricia Walker to place on the committee agenda. Jorge Gomez to handle. C4G Referral To The Sustainability Committee - Discussion Regarding A Resolution Directing City Employees Not To Permit City Vehicles To Remain Idling While Unattended. (Requested by Commissioner Michael Góngora) ACTION: Referred. Fred Beckmann to place on the committee agenda and Drew Terpak to handle. City Clerk’s Note: Drew Terpak to create a sticker/decal to be placed on City vehicles reminding employees that City vehicles must not remain idling while unattended. ADDENDUM 3: Handout C4H Referral To The Land Use And Development Committee For The Discussion Of Parking Issues Relating To 816 West 40th Street. (Requested By Commissioner Wolfson) ACTION: Referred. Richard Lorber to place on the committee agenda and to handle. ADDENDUM 3: Handout C4I Referral To The Land Use And Development Committee For The Discussion Of The Legalization Of The Current Use Of 3767 Chase Avenue. (Requested By Commissioner Wolfson) ACTION: Referred. Richard Lorber to place on the committee agenda and to handle. Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 13 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx C6 - Commission Committee Reports C6A Report Of The Capital Improvement Projects Oversight Committee Meeting On February 6, 2012: 1) Attendance. 2) Review And Acceptance Of Minutes. 3) Accomplishments: Substantial Completion Of Star Island Project. 4) Public Comments. 5) Old Business/Requested Reports: 5A) Status Report: Normandy Isle; 5B) Discussion: Biscayne Point Neighborhood Project; 5C) Status Report: Sunset Island I & II; 5D) Status Report: Sunset Island III & IV; 5E) Status Report: Lower North Bay Road; 5F) Status Report: Venetian Island; 5G) Status Report: Palm & Hibiscus Island Undergrounding; 6) Commission Items: 6A) Palm & Hibiscus Neighborhood Improvement Project; 6B) Star Island Right-Of-Way Infrastructure Improvement Project; 6C) City Center Right-Of-Way Neighborhood Improvement Project; 6D) South Pointe Pier Project. ACTION: Item #1: Attendance See attendance sheet copy attached. Item No. #2: Review and acceptance of Minutes MOTION: Acceptance of Report (Minutes) of the December 12, 2011 CIPOC Meeting. MOVED: S. Kilroy 2nd: D. Kraai PASSED: Unanimous - WITH REVISIONS Item No. 3: Accomplishments substantial completion of Star Island Project Substantial Completion of Star Island Project. (This presentation followed the discussion of the Star Island Commission Item) Maria Palacios, Public Information Specialist, showed a slide presentation showing the scope of work and the results of the upgrades. Item No. 4: Public comments Carla Probus, 400 Alton Road, a resident of the South of Fifth Neighborhood thanked Fernando Vazquez, CIP Director, for meeting with residents to iron out some resident concerns dealing with the South Pointe III, IV & V project. She added that she was pleased to see that many of the items were addressed. Saul Gross encouraged the public to contact the CIP Office whenever they have concerns about construction, adding that project team members cannot be everywhere. Mr. Vazquez remarked that often the public can be very helpful as additional sets of eyes, and the City appreciates the input. Elaine Litvak, 100 South Pointe Drive, is also a South Pointe resident, and brought to the Committee’s attention an issue that concerned her. The recently-installed ADA ramps currently meet the new valley gutters, but then there is a drop of about two inches to the pavement. Paul Cusmano, the Project Manager from TransFlorida Construction, approached the podium to explain that this situation will be remedied. Right now, the team is waiting for the final lift of asphalt, but until then, the crews will provide temporary patches to address the drop between the valley gutters and the pavement. Item No. 5: Old business/requested reports Item No. 5A: Status Report: Normandy Isle Item No. 5B: Discussion: Biscayne Point Neighborhood Project Item No. 5C: Status Report: Sunset Island I & II Item No. 5D: Status Report: Sunset Island III & IV Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 14 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx Item No. 5E: Status Report: Lower North Bay Road Item No. 5F: Status Report: Venetian Island Item No. 5G: Status Report: Palm & Hibiscus Island Undergrounding Status Report: Normandy Isle Mattie Reyes, Senior Capital Projects Coordinator, said that the contractor had mobilized and was waiting for the delivery of 12 lights for installation on Marseille Drive. In the meantime, they are installing the underground conduit. There was about a 3-week delay while the contractor obtained their bond, but they are back to work. Work on the lighting is expected to be finalized by the beginning of March. Staff signed off on a proposal to install crosswalk pavers and work will begin soon. The work could be completed in less than two-month’ time, but staff feels that this work must be conducted in conjunction with the drainage work. A consultant has submitted the scope of work and cost estimates for the work on the swales for drainage. All of the improvements are expected to be completed in approximately six months. Discussion: Biscayne Point Neighborhood Project *(discussion began at 6:26) Fernando Vazquez explained that the situation with the Biscayne Point project (inadequate engineering plans) led to the termination of the design engineer and the City is in the process of converting the project to design/build. Public Works created a new design criteria package that includes new criteria that were not incorporated in the original plans, such as mean elevation of the roadway. The new criteria require additional components. The current contractor, DMSI, has the expertise to incorporate the changes, but the City and the contractor are now negotiating cost and new schedule. There is urgency on this project as it is already in construction. Saul Gross pointed out that the contractor and engineers need to work together to communicate issues and work to ensure constructability in a practical manner. Christina Cuervo pointed out that the deficiencies in design plans seem to be discovered while the contractor is already out and implementing the design. The thought is that new citywide design criteria -- meeting all regulatory standards and are also cost-effective -- will help to avoid this discovery so late in the process. The issue at Biscayne Point differs from the other pending projects because the project is already underway. Fernando Vazquez emphasized that the goal is to also incorporate construction engineering and scheduling. As CIP evolves, Mr. Vazquez said, the City is incorporating comprehensive constructability reviews, to include engineering, construction pricing and scheduling. This makes sure that as the project is being designed, cost-estimating can be done as early as possible. Saul Gross drew the conclusion that contractors should be involved as early as possible, indicating he wanted contractors brought on earlier in the process than is done currently. The discussion centered on the feasibility of bringing in outside services of contractors and design engineers to work together to provide review as plans are being developed. *Please note, that further discussion about Biscayne Point occurred (at 6:49 p.m.) when the item about Lower North Bay Road was heard. See below. This item was taken formally at 7:30 p.m. Noting that this was discussed “in bits and pieces” throughout the meeting, Saul Gross asked if there was any particular discussion that needed to be brought forward. He stated that he was aware that residents wanted to see action on the project. Fernando said that negotiations are Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 15 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx continuing as the City and the contractor are trying to bridge the gap and come to an agreement of price. A meeting with DMSI and the City was to take place after the CIPOC meeting. Status Report: Sunset Island I &II Maria Hernandez, Senior Capital Project Coordinator reported that the contractor, DMSI, was working slightly ahead of schedule. As of the date of the meeting, the project had been progressing as smoothly as could be expected, with only the usual bumps experienced in any construction project. Status Report: Sunset Islands III & IV Mattie Reyes, Senior Capital Projects Coordinator. Explained that this project is also being done through a DCP. This project did not originally include stormwater component, which has been added. Terry Bienstock, Sunset Islands III & IV HOA President, said that he and the HOA were prepared to go to the Commission to hear this item, but heard that the item was pulled. He inquired why. Fernando Vazquez answered that to his knowledge, the City Manager’s Office pulled the item in order for some additional discussion about funding of the undergrounding on the islands. Staff directed Mr. Bienstock to the City Manager’s Office, where more information on this item would be available. The HOA met with all the representatives of the utilities. Mr. Bienstock said he was told by the representatives that they are waiting for the City to make the decision to do the installations. He added that he did not know why this would delay the project. MOTION: CIP Staff to contact HOA leadership when relevant items are to be pulled from Commission agendas. MOVED: S. Kilroy 2nd:C. Cuervo PASSED: Unanimous Peter Luria, Resident and HOA board member, Sunset Islands III & IV, said that the project is under a very tight schedule. Utility representatives told him that if the City contractor does not dig the trench for the underground utilities, FPL must go first and everyone must wait until they are finished. He indicated that the roads would be torn up and the project delayed for three years. The HOA is interested in coordinating the efforts so this does not happen. He is very concerned about any delays, and wants the item back on the February agenda. Mr. Gross explained that the CIPOC does not have the authority to put a pulled item back on the agenda. Stacy Kilroy said that the issue is a very complex ownership situation and is not as simple as the utilities make it out to be. Mr. Gross pointed out that FPL has been difficult for the City to deal with and has been difficult with other neighborhoods in the City. Mr. Bienstock pointed out other South Florida cities that had undergrounding projects that were carried out quickly. Mr. Gross pointed out that before Sunset Islands III & IV, the City did not get involved in the process as the lead. This was because residents pay and would handle it themselves (Palm and Hibiscus hired a representative to handle it). Status Report: Lower North Bay Road *(This item was also referenced at 6:49, when Acting City Engineer, Rick Saltrick, joined the discussion – see below, under the item for Palm and Hibiscus Neighborhood Improvements) Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 16 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx Maria Hernandez, Senior Capital Projects Coordinator discussed the status of this project. Comments had come back from the Public Works Department. These have been passed to the Engineer of Record (Walt Schwarz, Atkins). The project is on-hold until the items of concern from Public Works have been reviewed. There was a peer-review of the plans prior to the award of the project. Public Works returned comments recently as the contractor was beginning to mobilize. Saul Gross asked whether Public Works provided comments that addressed the workability of the plans as opposed to making comments solely as a regulatory agency. The comments that were made, said Fernando Vazquez, make requirements that change the elevation of the road so that it complies with the new stormwater master plan’s requirements. Mr. Gross asked what capacity exists in the CIP Department to review plans, stating that shortfalls in plans is the largest issue facing the program. Maria Hernandez offered that Jose Perez, who was formerly with the Public Works Department, is now with CIP and reviews plans. Fernando Vazquez agreed that the resource is needed for better plan review, as Public Works does review solely from a regulatory standpoint. Saul Gross said that the biggest problem has been that drainage engineering for capital projects has not turned out to be very good and asked what plan was in place to avoid this as the program moves forward. Fernando said that Public Works and CIP work collaboratively. Public Works has been acting in more of a design-review capacity and has begun working closely with consultants through the DCP process. Then, the DCP is given to CIP and the office manages engineering and construction, with comments from Public Works. Timelines tend to be an issue. Often CIP requires immediate engineering support, and Public Works, although they try to be helpful, cannot always assist and meet stringent timelines. Christina Cuervo clarified that the peer reviews were being done by Public Works. Saul Gross indicated that he thought the peer reviews were to be done by outside firms. He asked how CIP would create a better system of review and implementation of projects. Mr. Vazquez responded that planning and engineering for the City should remain with Public Works, and construction should have a construction team, and construction engineering team and a cost-estimating team all working in conjunction per project. We already have a construction management component, but there is a need for immediate construction engineering support. He added that the office is now implementing a scheduling and estimating arm within the office. Public Works must still be in charge of the planning component and to offer clearance. When the City relies on outside resources, they are limited by procurement regulations and laws. Duncan Ballantyne, Assistant City Manager, said that the City had learned that Public Works needs to be more than regulatory and take on more design and planning components. In the past, when mistakes were made to plans, Public Works operated in a regulatory capacity, unable to address constructability issues. The City Manager has given the approval to contract out engineering expertise from outside agencies. Christina Cuervo said that an agency should be on board that works in the interest of the City to see that projects can be built to meet the level of service required by regulatory agencies. With continuing professional services for construction engineering support, the City could address the proper oversight for design. This model can also be used for construction management. Ultimately, according to Fernando Vazquez, the CIP Office would operate as program manager. Mr. Gross stated that the Committee urges the City Manager to allocate the appropriate resources to contract with agencies who can act in the capacities of construction management Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 17 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx and construction engineering to avoid additional problems in the $400 Million + projects that are going into construction. Status Report: Venetian Island Aaron Sinnes, Senior Capital Projects Coordinator, said that drawing revisions were received on January 11 and incorporated into the documents by Schwebke Shiskin. The City anticipates two weeks for revisions. The project is expected to go out for bid on February 23. This is expected to be awarded the end of March. Saul asked more questions about the cost-estimate that was high and further asked how to avoid such problems in the future. Mr. Vazquez said that CIP has to work with real numbers and the market conditions. Resident expectations, regulatory requirements and the cost comparison to the market all drive the projects. Mr. Gross asked if the criteria could be flexible to consider cost. Mr. Beckmann said that criteria is stringent for the most part and must remain as is. If additional funding is needed, the request is made of Commission. Status Report: Palm & Hibiscus Island Undergrounding Mattie Reyes, Senior Capital Projects Coordinator, said that CIP was getting all the pricing from FPL, AT&T and Atlantic Broadband so that it can be sent to the County for ratification of the inter- local agreement. The agreement will then be reviewed by the City Attorney and then go to Commission in March. The FPL binding estimate lapses in April. Item No. 6: Commission Items Item No. 6A: Palm & Hibiscus Neighborhood Improvement Project Item No. 6B: Star Island Right-Of-Way Infrastructure Improvement Project Item No. 6C: City Center Right-Of-Way Neighborhood Improvement Project Item No. 6D: South Pointe Pier Project. Palm & Hibiscus Neighborhood Improvement Project (6:31 p.m.) Saul Gross indicated that this project will be the prototype for the City on the DCP process doesn’t envision the inclusion of a contractor review of design early on. Incorporating this component is something Mr. Gross advocated throughout the meeting. He added that the engineers do not always see what the contractors see when they are out in the field. He reiterated that he felt the team approach, bringing in contracting expertise early, will help to develop better design packages with fewer surprises when in construction. Mattie Reyes explained that the basic services package that was to be brought before Commission for approval includes planning phase services such as documentation, traffic analysis, environmental screenings and other surveys. The selected firm, Corzo Castella Carballo Thompson Salman, PA will incorporate all the information into the design criteria package. The design package will be turned over at 30%, including a constructability review by the engineers. When the package is turned over to the design/build professional they will be responsible for all phases from there through construction. Saul Gross still thinks that key issues could be missed at the early stage and that a contractor should be involved from before the 30% phase. Fernando Vazquez said that constructability review from outside firms will be incorporated at 30%, 60% 90% and 100%. For Palm and Hibiscus, the Public Works Department will review the DCP before it goes out. Saul Gross asked for clarification about the process, asking if PWD gives the engineer the criteria and then the engineer designs to that plus the budget. The answer is that prior to the 30% stage, the engineer will be working hand-in-hand with Public Works so all regulatory criteria are met in the plans. Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 18 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx Fred Beckmann, Public Works Director, joined the meeting at 6:42 p.m. He stated that Public Works is preparing the design criteria package for the Palm and Hibiscus neighborhood project. He further explained how a DCP is developed. Public Works looks at the project requirements, then the City Engineer develops a package that incorporates the regulatory requirements as well as the design towards the intended outcome. The design/build professional will have both engineers and construction professionals on their team as they develop the final documents. Mr. Beckmann pointed out that Public Works was not historically involved in design engineering prior to 90% on capital projects. They acted solely as a regulatory agency. This has changed. He opined that the designer of a project must be separate from the contractor. Stacy Kilroy noted that when the CIP Office was created, it was originally within the Public Works Department, then it was made into an office separate from the Public Works Department. Various management approaches have been tried over the years as the program evolved. Now there is an effort to combine efforts more than before. Mr. Ballantyne said that there are two roles for the two offices. For CIP, the role is to construct on- time and on-budget. Public Works has the role of ensuring that whatever is built is done so efficiently and effectively, assuring that the finished product can be maintained and will last. He does not recommend combining the two offices. Saul Gross added that he feels that it is not efficient and effective for a construction management department to have to rely upon Public Works when they are managing hundreds of millions of dollars worth of projects. Mr. Beckmann said that Public Works has been on time in providing the responses for all the projects. Mr. Vazquez agreed. Mr. Gross said that Lower North Bay Road and Biscayne Point projects both have major engineering problems. Mr. Beckmann said that the issues are minor and can be addressed. *(6:49 p.m.) Rick Saltrick, Acting City Engineer, addressed the issues on Lower North Bay Road, saying that the changes to grading of the pavement and water main connections are both issues that can be addressed in the field. For Biscayne Point, he stated that the project is being addressed through the new DCP package. Mr. Gross again pointed out that in the case of Biscayne Point, it’s too late, because the contractor was hired months ago. He asked how we avoid getting to that point. Mr. Beckmann said that the City Engineer is doing the DCP, and once it is turned over, Public Works does further review. The process has changed over the years and Public Works is now more involved in engineering design review, not just a regulatory review as in the past. The Public Works department is also augmented by additional consultants. For example, CDM is the engineering firm preparing the stormwater master plan and that expertise can be used for peer review of plan documents for projects. Saul Gross was happy to see that the process had moved from Public Works serving strictly in a regulatory review capacity to more of a focus on design engineering, but asked that CIP look further at the results over the last year, because he is not sure it is working as well as it should. Stacy Kilroy opined that the teamwork and momentum that has been building requires more time to gauge the effectiveness. She congratulated the Office of CIP and Public Works on moving in the right direction. Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 19 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx * (6:54 p.m.) Before the item went to a vote, Saul Gross asked for a discussion on the constructability of roads using the new elevation criteria to meet the standards of the new Stormwater Master Plan, and how it would affect projects moving forward. Rick Saltrick explained the technical terminology (Should interested parties want more specific information about the Citywide Stormwater Master plan that is being developed, they can contact the Public Works Department at 305.673.7080). Saul Gross asked if the new standards are affordable and how early can the City get cost estimates on the projects. Rick Saltrick answered that the new criteria meets the 5-year, one-day service levels. He suggested bidding projects with the new criteria and comparing the pricing to that of prior projects. Mr. Vazquez said that projects should be designed to meet the new criteria, but that more evaluation is necessary. He noted that the consultant preparing the master plan continues to work on those evaluations, and better information should be available by the time new CIP projects are at 30% design, which is the time when cost calculations are first approached on a project. At that time, there will be more information to work from than other projects had the benefit of. MOTION: Recommend to the Mayor and Commission to pass the resolution. MOVED: S. Kilroy 2nd: T. Trujillo PASSED: Unanimous Star Island Right-of-Way Infrastructure Improvement Project Aaron Sinnes, Senior Capital Projects Coordinator, told the Committee that additional money was being requested to cover change orders, as the contractor, TransFlorida Development Corp. had to deal with some unforeseen conditions as well as some owner-requested changes for this project. The project has recently reached substantial completion. MOTION: Recommend to the Mayor and Commission to pass the resolution. MOVED: D. Kraai 2nd: S. Kilroy PASSED: Unanimous City Center Right-of-Way Neighborhood Improvement Project Maria Hernandez, Senior Capital Projects Coordinator, explained that the original contractor (M. Vila) had been terminated, replaced by Metro Express, Inc. This transition caused a delay and this resulted in additional billing for services provided by the firm of Chen Moore & Associates, who is providing resident project representation for the project. The item before Commission is to amend the professional services agreement, utilizing previously appropriated RDA fund for the project in a not-to-exceed amount of $150,155, plus reimbursable expenses. The contract stipulates 2009 rates, which are lower than current rates. Expected completion date for the City Center project is early May, 2012. MOTION: Recommend to the Mayor and Commission to pass the resolution. MOVED: S. Kilroy 2nd: D. Kraai PASSED: Unanimous South Pointe Pier Project Mattie Reyes, Senior Capital Projects Coordinator stated that the technical review panel unanimously ranked the firm of The Weitz Company as the top selection for the Construction Manager at Risk for the South Pointe Pier project. This item – to execute a pre-construction services agreement -- goes to Commission on February 8. Should negotiations with Weitz fail to Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 20 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx be successful, the item includes the provision to then negotiate with the next-ranked firm, TGSV Enterprises, Inc., followed by H.A. Contracting Corporation. Dwight Kraai was a participant on the panel and was impressed with The Weitz Company’s presentation. The firm created a project web site, unaffiliated with the City, available at www.miamibeachpier.com. The City is in the permit process. Because this project is funded with grant money, construction must commence by the end of September and is expected to last one year. The telescopic design prepared by the previous design firm (Hargreaves) has not been changed much. Some of the new embellishment by the new design firm (Atkins) includes a diagonal design of the planks on the deck. Fishing will be allowed on the pier in designated areas. The budget remains at near $4 Million. Tony Trujillo asked if there would be concession elements at the pier and asked if demolition begins in September and if that is included in construction time. No concessions are located on the pier. Demolition is the first phase of construction, commencing in September. MOTION: Recommend to the Mayor and Commission to pass the resolution. MOVED: S. Kilroy 2nd: T. Trujillo PASSED: Unanimous Meeting Adjourned; Next CIPOC meeting is scheduled for Monday, March 19, 2012 at 5:30 p.m. in Commission Chambers. However, meeting schedule may change. Official notification will be posted on the City Clerk Calendar, http://www.miamibeachfl.gov/calendar/cmbcalendar.aspx each month. Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 21 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx C6B Report Of The Neighborhood/Community Affairs Committee Meeting On March 27, 2012: 1) Status Update Regarding Sunrise Plaza And Beachwalk. 2) Discussion Regarding Regulating The Speed Of Segways In Pedestrian Areas. 3) Discussion Regarding Licensing And Authorization Requirements For Mobile Food Trucks And Proposal For A City Sponsored Food Truck Festival. 4) Follow-Up Discussion Regarding Potential Policies For The Nomination/ Number Of Monuments Or Memorial Plaques. 5) Discussion Regarding Amending The City Code To Provide For Alternative Enforcement Means And Establish A Fixed Fine Schedule For Certain Provisions. 6) Discussion Regarding A Draft Ordinance That Regulates Private Parking Lots Or Facilities With Automated Pay Machines. 7) Discussion Regarding Communications About The Progress Of Projects And Construction To The Local Residents. 8) Discussion Regarding The Naming Of The Street Corner At 69th Street And Indian Creek, Across From Fire Station 4 After Firefighter Leonard Rubin, Who Died In A Fire At The Carillon Hotel In March Of 1962. 9) Discussion Regarding Two Proposals For Charter Amendments That Would Strengthen The Existing Protections For Historic Preservation In Miami Beach. 9A) Shall The Charter Be Amended So That, After November 6, 2012, And Before Becoming Effective, Any Change To Chapter 118, Article II, Division 4 Of The City Code (Entitled, “Historic Preservation Board”), Or To Chapter 118, Article X, Of The Code (Historic Preservation”), Which Either Reduces The Powers And Duties Of The Board, Or Creates Less Stringent Historic Preservation Standards Or Regulations, First Be Approved By A Majority Of Voters In A Citywide Election? 9B) Shall The Charter Be Amended So That, After November 6, 2012, And Before Becoming Effective, Any Change To The Land Development Regulations In The City Code, Except For City-Owned Property In The Government Use And Civic And Convention Center Zoning Districts, Which Allows Increased Building Heights Shall First Be Approved By A Majority Of Voters In A Citywide Election? 10) Discussion Regarding Creating A Clear Mission Statement For The Proposed Ad Hoc Tennis Committee. 11) Discussion Regarding The Byron Carlyle Theater And The Stage Door Theater. ACTION: Item No. 1: Status Update Regarding Sunrise Plaza And Beachwalk The Committee made no motion, this was a status report. Item No. 2: Discussion Regarding Regulating The Speed Of Segways In Pedestrian Areas The Committee (Commissioners Libbin and Wolfson present) moved to have an ordinance drafted and presented to the full City Commission requiring that Segways available for rental in the City be set at a maximum speed between 4-6 MPH (with certification of such provided by the BTR holder/rental company) and prohibition of the use of Segways in interior paths at South Pointe Park and Collins Park. City Clerk’s note: Hilda Fernandez and City Attorney’s Office to handle. Item No. 3: Discussion Regarding Licensing And Authorization Requirements For Mobile Food Trucks And Proposal For A City Sponsored Food Truck Festival Discussion deferred to a future meeting of the Neighborhood/Community Affairs Committee. City Clerk’s note: Barbara Hawayek to place on the committee agenda. Kevin Crowder to handle. Item No. 4: Follow-Up Discussion Regarding Potential Policies For The Nomination/ Number Of Monuments Or Memorial Plaques The Committee (Commissioners Libbin and Wolfson present) unanimously moved to recommend an amendment to require requests for monuments and memorial plaques be sponsored by an elected official, that elected officials be limited to one naming recommendation per elected term of office, that language be removed that requires someone from the public requesting the honor to Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 22 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx pay for the project, and that project funding is to be part of the sponsor’s recommendation requiring a majority vote of the Commission for funding by the City. City Clerk’s note: Hilda Fernandez to handle. Item No. 5: Discussion Regarding Amending The City Code To Provide For Alternative Enforcement Means And Establish A Fixed Fine Schedule For Certain Provisions Item deferred to a future meeting of the Neighborhood/Community Affairs Committee. City Clerk’s note: Barbara Hawayek to place on a future committee agenda Item No. 6: Discussion Regarding A Draft Ordinance That Regulates Private Parking Lots Or Facilities With Automated Pay Machines The Committee moved to direct Administration to work out the clearest possible message and to include it on the parking ticket stub and return to the Neighborhood/Community Affairs Committee. City Clerk’s note: Barbara Hawayek to place on the committee agenda. Saul Frances to handle. Item No. 7: Discussion Regarding Communications About The Progress Of Projects And Construction To The Local Residents Discussion deferred to a future meeting of the Neighborhood/Community Affairs Committee. City Clerk’s note: Barbara Hawayek to place on a future committee agenda Item No. 8: Discussion Regarding The Naming Of The Street Corner At 69th Street And Indian Creek, Across From Fire Station 4 After Firefighter Leonard Rubin, Who Died In A Fire At The Carillon Hotel In March Of 1962 The Committee unanimously moved the recommendation to amend City Code section 82-503(d) to add firefighters fallen in the line of duty and recommend naming the street after fallen Firefighter Leonard Rubin. City Clerk’s note: Javier Otero, Fire Chief and City Attorney’s Office to handle. Item No. 9A and 9B: Discussion Regarding Two Proposals For Charter Amendments That Would Strengthen The Existing Protections For Historic Preservation In Miami Beach The Committee (Commissioners Libbin and Wolfson and Mayor Bower present) moved to recommend charter amendment 1 to the full City Commission and return to committee to discuss charter amendment 2 above to the Neighborhood/Community Affairs Committee in April. City Clerk’s note: City Attorney’s Office to handle Charter Amendment 1 language. Barbara Hawayek to place Charter Amendment 2 on the April committee agenda Item No. 10: Discussion Regarding Creating A Clear Mission Statement For The Proposed Ad Hoc Tennis Committee The Committee (Commissioners Libbin and Wolfson present) moved the mission statement to the full City Commission allowing for the tennis advocates to work with staff or make any further suggestions to add to the mission statement. City Clerk’s note: See Agenda Item R7E Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 23 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx Item No. 11: Discussion Regarding The Byron Carlyle Theater And The Stage Door Theater. The Committee (Commissioners Libbin and Wolfson present) moved to recommend approving the agreement. City Clerk’s note: See Agenda Item C7H C6C Report Of The Land Use And Development Committee Meeting On March 28, 2012: 1) Discussion On The Parking Requirement And How We Can Incentivize For Good Hotel Development. 2) Discussion Of Jurisdiction Of Land Use Boards Over Appeals. 3) Discussion Of Procedures For Obtaining Informal Opinions And Formal Administrative Determinations From The Planning Director. 4A) Discussion On A Possible Amendment To The Accessory Use Regulations For The RM-2 Zoning District To Permit A Limited Number Of Commercial Accessory Uses In An Apartment Building Adjacent To A Public Baywalk To Be Open To The Public. 4B) Discussion Regarding The Baywalk Conservation District Proposal Put Forth By Members Of The Lincoln West Neighborhood Association. 5A) 1. Historic Preservation Regulations; 2. Height Restrictions. 5B) Discussion On A Proposal To Put The Historic Preservation Board Enabling Language In Charter So As To Protect The Composition And Existence Of Our City’s Preservation Mechanism. 6) Discussion On Artificial Grass At Hotels And Homes And The Planning Department Procedure For Approving Same. 7) Discussion Regarding A Resolution By The Historic Preservation Board To Modify The Code Governing The Voluntary Designation Of Single Family Homes. 8) Discussion Of The RM-3 Regulations Concerning Attached And Detached Additions To Buildings In The Architectural District. 9) 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. 10) Use Of Legal Nonconforming Commercial Building In Single- Family Districts. 11) Discussion Concerning The Terminal Island Traffic Study And Circulation Study. 12) Discussion On Ways To Enhance The Land Use Boards Of Miami Beach In Order To Improve The City Of Miami Beach Building And Planning Department Processes. ACTION: Item No. 1: Discussion On The Parking Requirement And How We Can Incentivize For Good Hotel Development Deferred. City Clerk’s note: Richard Lorber to place on the next committee agenda and to handle. Item No. 2: Discussion Of Jurisdiction Of Land Use Boards Over Appeals Deferred. City Clerk’s note: Richard Lorber to place on the next committee agenda and to handle. Item No. 3: Discussion Of Procedures For Obtaining Informal Opinions And Formal Administrative Determinations From The Planning Director Deferred. City Clerk’s note: Richard Lorber to place on the next committee agenda and to handle. Item No. 4A: Discussion On A Possible Amendment To The Accessory Use Regulations For The RM-2 Zoning District To Permit A Limited Number Of Commercial Accessory Uses In An Apartment Building Adjacent To A Public Baywalk To Be Open To The Public, and Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 24 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx Item 4B: Discussion Regarding The Baywalk Conservation District Proposal Put Forth By Members Of The Lincoln West Neighborhood Association MOTION: Libbin/Wolfson: (3-0). The parties are to meet and try to reach consensus, with City staff in attendance, and come back to the Committee next month. City Clerk’s note: Richard Lorber to handle and place on the next committee agenda. Item No. 5A: 1. Historic Preservation Regulations; 2. Height Restrictions. And Item 5B: Discussion On A Proposal To Put The Historic Preservation Board Enabling Language In Charter So As To Protect The Composition And Existence Of Our City’s Preservation Mechanism. MOTION: (3-0) moved to recommend charter amendment 1 to the full City Commission and return to committee to discuss charter amendment 2 above to the Land Use and Development Committee in April (same motion as Neighborhoods Committee). City Clerk’s note: City Attorney’s Office to prepare the Charter ballot question. Richard Lorber to place Charter Amendment 2 on the next committee agenda and to handle. Item No. 6: Discussion On Artificial Grass At Hotels And Homes And The Planning Department Procedure For Approving Same Deferred. City Clerk’s note: Richard Lorber to place on the committee agenda and to handle. Item No. 7: Discussion Regarding A Resolution By The Historic Preservation Board To Modify The Code Governing The Voluntary Designation Of Single Family Homes Deferred. City Clerk’s note: Richard Lorber to place on the committee agenda and to handle. Item No. 8: Discussion Of The RM-3 Regulations Concerning Attached And Detached Additions To Buildings In The Architectural District MOTION: Wolfson/Libbin (3-0). Move the proposal to the Planning Board. City Clerk’s note: See Agenda Item C4D. Item No. 9: 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. MOTION: Wolfson/Góngora (2-1; Libbin opposed) Send to Planning Board and bring back to LUDC before Commission. City Clerk’s note: See Agenda Item C4E. Item No. 10: Use Of Legal Nonconforming Commercial Building In Single-Family Districts MOTION: Libbin/Wolfson (3-0) Withdraw the referral and go no further with this request. Item No. 11: Discussion Concerning The Terminal Island Traffic Study And Circulation Study MOTION: Wolfson/Góngora (2-1; Libbin opposed). Table discussion of moving towing to Terminal Island and send an expression of same to the City Commission. Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 25 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx Item No. 12: Discussion On Ways To Enhance The Land Use Boards Of Miami Beach In Order To Improve The City Of Miami Beach Building And Planning Department Processes. Deferred. City Clerk’s note: Richard Lorber to place on the next committee agenda and to handle. C7 - Resolutions C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit The Following Applications: 1) Edward Byrne Memorial Justice Assistance Grant (JAG) Program, American Recovery And Reinvestment Act Funding, For The Miami-Dade County Association Of Chiefs Of Police Countywide Prisoner Processing Project Funds In The Approximate Amount Of $18,000 For An Interface Component For The City’s Computer Aided Dispatch Records Management System (CAD/RMS); And Retroactively To 2) Florida Department Of Agriculture And Consumer Services, Urban Forestry Program, In The Approximate Amount Of $10,000 For Tree Plantings; And, 3) USA Football For Funding In The Approximate Amount Of $50,000 For Flamingo Park Football Field; 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 No. 2012-27878 adopted. Patricia Walker to appropriate the funds if approved and accepted. Judy Hoanshelt to handle. C7B A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Firms, Pursuant To Request For Qualifications (RFQ) No. 17-11/12, For Citywide Geotechnical And Laboratory Testing Services On An As-Needed Basis; Authorizing The Administration To Enter Into Negotiations With The Six (6) Top-Ranked Proposers: GFA International, Inc., Wingerter Laboratories, Inc., Universal Engineering Sciences, Inc., Langan Engineering And Environmental, LLC, Radise International, LC. And HP Consultants, Inc.; And Further Authorizing The Mayor And City Clerk To Execute Agreements Upon Completion Of Successful Negotiations By The Administration. (Capital Improvement Projects/Public Works/Procurement) ACTION: Resolution No. 2012-27879 adopted. Fernando Vazquez and Fred Beckmann to handle. C7C A Resolution Approving Pursuant To Section 2-367(d) Of The Miami Beach City Code And Resolution 2005-25959, The Sole Source Purchase And Installation Of Parking Equipment For The Sunset Harbor Parking Garage From Consolidated Parking Equipment, In The Not To Exceed Amount Of $350,291.51 From Previously Appropriated Funds From 2010 Parking Bonds Fund 486. (Capital Improvement Projects) ACTION: Resolution No. 2012-27880 adopted. Saul Frances to handle. Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 26 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx C7D A Resolution Setting A Public Hearing, Pursuant To Section 118-262 Of The City Code, For The City Manager’s Appeal Of The Design Review Board’s Order Relative To DRB File No. 22894 For The Property Located At 1 Washington Avenue - South Pointe Park And Setting Said Public Hearing For The City Commission Meeting Of May 9, 2012. (Parks & Recreation/City Attorney’s Office) ACTION: Resolution No. 2012-27881 adopted. R. Granado to notice. Lilia Cardillo to place on the May 9, 2012 Commission Agenda. Kevin Smith and the City Attorney’s Office to handle. City Clerk’s note: At least fifteen (15) days prior to May 9th, the transcripts and a legal brief if filed by an attorney are to be given to the City Clerk and transmitted to the Mayor and City Commission, City Manager, and City Attorney. Handout or Reference Materials: 1. Letter from Jorge Gonzalez, City Manager, to Honorable Mayor Matti Herrera Bower and City Commissioners, dated March 30, 2012 RE: Request for Appeal, DRB File No. 22894 with attachments – Exhibit “A” and Exhibit “B.” C7E A Resolution Authorizing The City Manager To Submit An Application For Designation By The East Coast Greenway Alliance (ECGA) Of The Beachwalk And Cutwalk Sections Of The Atlantic Greenway Network (AGN) As Part Of The East Coast Greenway (ECG) Trail System, Extending From Key West To The Maine/Canada Border. (Public Works) ACTION: Resolution No. 2012-27882 adopted. Fred Beckmann to handle. C7F A Resolution Setting A Public Hearing On May 9, 2012, City Commission Meeting, To Consider Granting A Revocable Permit To Bay Road Outparcel Partners, LLC, And Bay Road Partners 1930 LLC, As Owner Of The Property Located At 1916 Bay Road, To Allow A Decorative Metal “Eyebrow” To Extend 4 Feet Into And 48 Feet Along The Public Right-Of-Way A Minimum Of 11.5 Feet Above The Sidewalk. (Public Works) ACTION: Resolution No. 2012-27883 adopted. R. Granado to notice. Lilia Cardillo to place on the May 9, 2012 Commission Agenda. Fred Beckmann to handle. C7G A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee And Approving And Authorizing The City Manager To Execute A Letter Of Agreement Between The City And MCH Swiss Exhibition LTD (MCH), Outlining Terms And Conditions For Use Of Certain Public Property During Art Basel Miami Beach, And For The Establishment Of An “Art Basel Zone.” (Tourism & Cultural Development) ACTION: Resolution No. 2012-27884 adopted. Max Sklar to handle. Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 27 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx C7H A Resolution Accepting The Recommendation Of The Neighborhoods And Community Affairs Committee And Approving A Letter Of Agreement Between Broward Stage Door Theater Company, Inc., The City’s Operator For The Byron Carlyle Theater (Facility) Pursuant To That Certain Management Agreement, Dated April 13, 2011 (Stage Door), And Miami Stage Company/Miami Children’s Theater, Inc. (MCT), To Allow MCT To Use A Portion Of The Facility For More Than Sixty (60) Days; And Further Allowing MCT To Hold Private And Group Lessons In Theater, Acting, Singing, Dance And Related Activities, And A Summer Camp. (Tourism & Cultural Development) ACTION: Resolution No. 2012-27885 adopted. Max Sklar to handle. C7I A Resolution Authorizing The Acceptance Of A Twenty Thousand Dollar ($20,000) Donation From The Miami Beach Arts Trust Resulting From The Proceeds Of The Second Annual Miami Beach Arts Gala; And Appropriating Said Funds For The Arts Gala Grants Program Which Will Be Administered By The Cultural Arts Council Consistent With The City’s Established Policies And Procedures; And Authorizing The City Manager To Retroactively Approve The Cultural Arts Council’s Funding Recommendations Made On March 1, 2012 And Awarding $20,000 In Miami Beach Arts Gala Grants For Fiscal Year 2011/12, As Identified In The Attached Exhibit “A”; And Further Authorizing The Mayor And City Clerk To Execute Said Agreements. (Tourism & Cultural Development) ACTION: Resolution No. 2012-27886 adopted. Max Sklar to handle. 10:54:25 a.m. C7J A Resolution Accepting A Donation In The Amount Of $9,000.00 From The Miami Beach Education Foundation From Proceeds Of The Miami Beach Chamber Of Commerce’s Annual Golf Tournament To Be Utilized By The City Of Miami Beach’s International Baccalaureat e (IB) Educational Program And Appropriating The $9,000 Donation To City’s IB Program. (Requested by Vice-Mayor Jerry Libbin) (Legislative Tracking: City Attorney’s Office) ACTION: Resolution No. 2012-27887 adopted as amended. Motion made by Commissioner Tobin; seconded by Commissioner Exposito Voice vote; 6-0: Vice-Mayor Libbin recused. Leslie Rosenfeld to handle. Amendment: Via Corrections - Amended title: A Resolution Accepting A Donation In The Amount Of $9,000.00 From The Miami Beach Education Foundation From Proceeds Of The Miami Beach Chamber Of Commerce’s Annual Golf Tournament To Be Utilized By The City Of Miami Beach’s International Baccalaureate (IB) Educational Program, And Appropriating The $9,000 Donation To City’s IB Program. End Vice-Mayor Libbin recused himself. City Clerk’s note: See PA7 Handout or Reference Materials 1. Form 8B #94 “Memorandum of Voting Conflict” filed by Vice-Mayor Libbin Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 28 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx C7K A Resolution Appointing __________ As The City Of Miami Beach Representative For Membership On The Miami-Dade County Charter Review Task Force. (City Attorney’s Office) ACTION: Resolution No. 2012-27888 adopted. Mayor Bower’s Office to handle. City Clerk’s Note: Item C7K was placed on the Consent Agenda, and was not separated. As such, the item was approved, without inserting a name. In two releases, via emails on April 10, 2012, Mr. Parcher, City Clerk, informed the Commissioners that the Mayor had nominated Mr. Victor Diaz as the City’s Representative to the Miami-Dade County Charter Review Task Force. Debora J. Turner, First Assistant City Attorney, provided the following legal opinion: “Under the Sunshine Law, the selection by the City Commission of a representative to the County Charter Review Task Force must be accomplished by a vote of the Commission at a public meeting where public discussion by the Commission may occur. I suggest that this matter be placed on the next City Commission agenda as an R9 discussion item (not on the consent agenda).” After further discussions with Ms. Turner, it was agreed that the item should go under R7 Resolutions on the May 9, 2012 Commission Agenda. Handout or Reference Materials: 1. Email from Rafael Granado dated April 18, 2012 RE: Item C7K – City Representative to the County Charter Review Task Force. End of Consent Agenda Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 29 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx REGULAR AGENDA R5 - Ordinances 3:38:51 p.m. R5A 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. 10:15 a.m. Second Reading Public Hearing (Requested by Finance & Citywide Projects And Neighborhood/Community Affairs Committees) (Legislative Tracking: Building Department) (First Reading on March 21, 2012) ACTION: Public Hearing held. Ordinance No. 2012-3756 adopted and referred to the Neighborhood/Community Affairs Committee to review the fine schedule. Motion made by Commissioner Weithorn to approve the ordinance; seconded by Commissioner Góngora; Ballot vote: 5-1; Opposed: Commissioner Exposito, Absent: Commissioner Wolfson. R. Granado to transmit to Municipal Code. Barbara Hawayek to place on the committee agenda. Hilda Fernandez to handle. Commissioner Exposito stated that he has an issue with reducing fines starting at $250 to $50 and he reiterated that fines should have a punitive financial impact in order to deter an action that they don’t want to occur in the City. To reduce the fines, especially in dealing with the issues of special events in the City, sends the wrong message. He suggested revisiting the issue of fines, with the first offense at $50.00, and then increase the second and third offense significantly for deterring purposes and stop negative action. Hilda Fernandez, Assistant City Manager, explained the fine schedule could not be amended on second reading, as it would require re-advertisement. Discussion held. Commissioner Weithorn referred the item to the Neighborhood/Community Affairs Committee to look at the fine schedule, and bring back in September to Commission. Handouts and Reference Materials: 1. Ad in The Miami Herald – Ad #696A 2. Ballot vote Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 30 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx 3:45:03 p.m. R5B 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. 10:20 a.m. Second Reading Public Hearing (Requested by Commissioner Jonah Wolfson) (Legislative Tracking: Public Works) (First Reading on March 21, 2012) ACTION: Public Hearing held. Ordinance No. 2012-3757 adopted. Motion made by Commissioner Góngora to approve the ordinance; seconded by Vice-Mayor Libbin; Ballot vote: 6- 0; Absent: Commissioner Wolfson. R. Granado to amend Board and Committee Report and transmit to Municipal Code. Fred Beckmann to handle. Handouts and Reference Materials: 1. Ad in The Miami Herald – Ad #696A 2. Ballot vote 3:46:01 p.m. R5C Noticing Requirements For 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 Wolfson) (Legislative Tracking: Planning Department) (Continued from March 21, 2012) ACTION: Public Hearing held. Motion failed. Motion made by Mayor Bower to approve the ordinance; seconded by Commissioner Exposito; Ballot vote: 2-4; Opposed: Vice-Mayor Libbin, Commissioners Góngora, Tobin and Weithorn; Absent: Commissioner Wolfson. Jorge Gomez, Assistant City Manager, introduced the item. Mayor Bower passed the gavel and made the motion. Handouts and Reference Materials: 1. Ballot vote Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 31 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx 3:51:19 p.m. R5D 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) (Continued from March 21, 2012) ACTION: Public Hearing held. Ordinance No. 2012-3758 adopted. Motion made by Vice- Mayor Libbin to approve the ordinance; seconded by Commissioner Weithorn; Ballot vote: 6-0; Absent: Commissioner Wolfson. R. Granado to transmit to Municipal Code. Richard Lorber to handle. Jorge Gomez, Assistant City Manager, explained the item. Commissioner Tobin suggested changing the ordinance stating that if one advertises their house for short rental, they are already guilty. Jose Smith, City Attorney, stated that can be done in the future. Commissioner Weithorn stated that she has already made a referral to Land Use & Development Committee to see what can be done in the single-family neighborhoods. Commissioner Weithorn instructed to make sure Commissioner Tobin is notified when this item goes to committee. Richard Lorber and Gary Held to handle. City Clerk’s note: Attached to this item is a Commission Memorandum from Jose Smith, City Attorney and Gary Held, First Assistant City Attorney, to the Mayor and City Commission, dated December 6, 2011, RE: Legal Opinion – Effect of Amendment on Grandfathered Status of Short Term Rental Ordinance. Handouts and Reference Materials: 1. Ballot vote Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 32 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx 3:55:42 p.m. R5E 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. 11:00 a.m. Second Reading Public Hearing (Requested by Vice-Mayor Jerry Libbin, Commissioners Jorge R. Exposito and Deede Weithorn) (Legislative Tracking: Code Compliance) (First Reading on March 21, 2012) ACTION: Public Hearing held. Ordinance No. 2012-3759 adopted. Motion made by Vice- Mayor Libbin to approve the ordinance; seconded by Commissioner Weithorn; Ballot vote: 5-2; Opposed: Commissioners Tobin and Wolfson. R. Granado to transmit to Municipal Code. Hilda Fernandez to handle. Paul Jonas spoke suggesting increasing fines. Hilda Fernandez, Assistant City Manager, stated for the record, that this proposed amendment encompasses different sections and issues that have been presented to the Commission and have moved through Commission Committees on different occasions. After the 2010 Spring Break, there were concerns of increased litter on the beach; and she provided to the Commission photographs taken by her on March 24, 2012 of litter and flyers on the beach. Ms. Fernandez added that such litter is very difficult to pick up. She explained that there is concern that the prevalence of handbills on the beach, especially east of the dunes, will make it into the ocean. Further such handbills are very difficult to clean up. Another issue that was referred to Committee was Styrofoam, and banning Styrofoam on the beaches is included as a potential prohibition in the proposed ordinance. The concern is the impact these items have on the environment and the difficulty associated in collecting such litter. Discussion held. Commissioner Wolfson asked on the legality on prohibiting handbills. Jose Smith, City Attorney, stated that there is a Federal US 11 Circuit Court of Appeal Case out of Key West that prohibits handbills in a Historic District, and added that this ordinance is constitutional; the same ordinance in Key West was affirmed as a valid ordinance. Commissioner Wolfson requested to read the case from Key West. Commissioner Weithorn explained, for the record, that Styrofoam is a “petroleum product” that is not biodegradable. She added that Styrofoam and straws blow in the wind and end on the dunes. Hilda Fernandez, Assistant City Manager, added that another section of the Ordinance deals with the manner in which the City addresses the distributing of handbills on its National Historic Registered District during certain high impact periods. The issue of the distribution of handbills, Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 33 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx on a normal non-high impact period will continue to happen, and will not be restricted. However, during certain high impact periods, the City experiences a significant increase in the distribution of handbills. For example, in the last two years the City collected 95.75 tons of trash during Memorial Day weekend in 2010 and 127.27 tons during Memorial Day weekend in 2011. Solid Waste estimates that 70 to 75% is the product of commercial handbills and flyers during high impact period. Solid Waste estimates that it has to increase its staffing to approximately 60 individuals to address the increased level of trash that is created in our City during the high impact periods. The recommendation is that during the identified high impact periods, which may be a weekend during the Spring break, major event plans and New Year’s Eve weekend, that no handbill distribution be permitted in the noted streets in the National Registered Historic District, which includes Ocean Drive, Collins Avenue, Washington Avenue and Lincoln Road. Handbills would be available for distribution at any other time, or even, for example, during a major event period during certain days that are not high impact days. On periods of high intensity traffic and visitors in the City, we must have the capacity to keep our City clean and safe. Flyers enter the sewers, as the City cannot clean them fast enough. Further the cost of such cleanup has clear economic impact on the City. Miami Beach is a tourist destination, and we do not want to present the picture of a dirty messy City. She added that the last element in the ordinance is the issue of distribution of handbills on or near sidewalk cafés. The Administration has been dealing with the members of the Ocean Drive Association since last year on this issue. They have a concern with the distribution of handbill by individuals in the sidewalk café area. Such distributors leave handbills on tables, which not only bother patrons, but blow away causing litter. We have been asked for assistance. The recommendation on the proposed ordinance, which went to Committee, is to prohibit the distribution of hand-to-hand handbills within 20 feet of sidewalk cafes. This would eliminate disruption to business and eliminate trash created by leaving the handbills on tables which eventually blow away. Motion: Vice-Mayor Libbin supports efforts that ban litter on the beach and made a motion to approve the ordinance. Motion was seconded by Commissioner Weithorn, who added, for the record, that the Code Enforcement Officers will ask the owners of Styrofoam coolers on the beach to put the Styrofoam coolers back on the car on the first offense, and then a ticket will be given to encourage people to invest in coolers other than Styrofoam. Robert Santos-Alborna to handle. Discussion continued and no vote taken. Hilda Fernandez, Assistant City Manager, added that beach concessionaires are prohibited from using plastic straws when serving beachgoers, and that this is monitored. However we continue to see straws on the beach. In certain areas of the beach behind hotels, there seems to be an incredible amount of plastic straws, and they have no means to enforce. The option at committee was to add the same type of prohibition to anyone providing services on the beach. The proposed amendment focuses on any business that provides service to the beach. Discussion continued. Motion made by Vice-Mayor Libbin to approve the ordinance; seconded by Commissioner Weithorn; Ballot vote: 5-2; Opposed: Commissioners Tobin and Wolfson. Handouts and Reference Materials: 1. Ad in The Miami Herald – Ad #696A 2. Ballot vote 3. Various printouts of color pictures of liter on the beach from 2009 and 2010. Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 34 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx 4:21:21 p.m. R5F1 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. 11:30 a.m. Second Reading Public Hearing (Included in Collective Bargaining Agreements & Approved by the City Commission in 2010) (Legislative Tracking: Human Resources) (First Reading on March 21, 2012) ACTION: Public Hearing held. Ordinance No. 2012-3760 adopted. Motion made by Commissioner Weithorn to approve the ordinance; seconded by Commissioner Exposito; Ballot vote: 7-0. Ramiro Inguanzo to handle. Vice-Mayor Libbin stated, for the record, that this item is under contractual obligation and emphasized not to increase the minimum or maximum of the ranges in the future. Commissioner Weithorn suggested when discussing this year’s budget, to add item to a Special Finance and Citywide Projects Commission Meeting for the public to attend and she will announce the dates in May. She encouraged everyone to attend the discussion. Discussion continued. Ramiro Inguanzo, Human Resources Director, explained that the Firefighter II classification will be eliminated, and those that are in Firef ighter II classification will be moved to a Lieutenant position. A memorandum was sent explaining all the details. Discussion continued. Commissioner Tobin requested from Administration the gross pay of the Lieutenants and the Captains and also the fiscal impact. Ramiro Inguanzo to handle. City Clerk’s note: Ordinance 789 is codified by Human Resources Handouts and Reference Materials: 1. Ad in The Miami Herald – Ad #696B 2. Ballot vote Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 35 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx 4:34:02 p.m. R5F2 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. 11:31 a.m. Second Reading Public Hearing (Included in Collective Bargaining Agreements & Approved by the City Commission in 2010) (Legislative Tracking: Human Resources) (First Reading on March 21, 2012) ACTION: Public Hearing held. Ordinance No. 2012-3761 adopted. Motion made by Commissioner Wolfson to approve the ordinance; seconded by Commissioner Weithorn; Ballot vote: 7-0. Ramiro Inguanzo to handle. City Clerk’s note: Ordinance 789 is codified by Human Resources Handouts and Reference Materials: 1. Ad in The Miami Herald – Ad #696B 2. Ballot vote 4:35:50 p.m. R5F3 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. 11:32 a.m. Second Reading Public Hearing (Included in Collective Bargaining Agreements & Approved by the City Commission in 2010) (Legislative Tracking: Human Resources) (First Reading on March 21, 2012) ACTION: Public Hearing held. Ordinance No. 2012-3762 adopted. Motion made by Commissioner Weithorn to approve the ordinance; seconded by Commissioner Exposito; Ballot vote: 5-2; Opposed: Vice-Mayor Libbin and Commissioner Tobin. Ramiro Inguanzo to handle. City Clerk’s note: Ordinance 789 is codified by Human Resources Handouts and Reference Materials: 1. Ad in The Miami Herald – Ad #696B 2. Ballot vote Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 36 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx 4:37:35 p.m. R5F4 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. 11:33 a.m. Second Reading Public Hearing (Included in Collective Bargaining Agreements & Approved by the City Commission in 2010) (Legislative Tracking: Human Resources) (First Reading on March 21, 2012) ACTION: Public Hearing held. Ordinance No. 2012-3763 adopted. Motion made by Commissioner Wolfson to approve the ordinance; seconded by Vice-Mayor Libbin; Ballot vote: 7- 0. Ramiro Inguanzo to handle. City Clerk’s note: Ordinance 789 is codified by Human Resources Handouts and Reference Materials: 1. Ad in The Miami Herald – Ad #696B 2. Ballot vote 4:39:55 p.m. R5F5 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. 11:34 a.m. Second Reading Public Hearing (Included in Collective Bargaining Agreements & Approved by the City Commission in 2010) (Legislative Tracking: Human Resources) (First Reading on March 21, 2012) ACTION: Public Hearing held. Ordinance No. 2012-3764 adopted. Motion made by Vice- Mayor Libbin to approve the ordinance; seconded by Commissioner Exposito; Ballot vote: 7-0. Ramiro Inguanzo to handle. Vice-Mayor Libbin asked the City Administration for an LTC on the status of the pension issue. Ramiro Inguanzo and City Attorney’s Office to handle. City Clerk’s note: Ordinance 789 is codified by Human Resources. Handouts and Reference Materials: 1. Ad in The Miami Herald – Ad #696B 2. Ballot vote Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 37 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx 4:42:30 p.m. R5G 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 Vice-Mayor Jerry Libbin) (Legislative Tracking: Planning Department) (Deferred from March 21, 2012) ACTION: Ordinance approved on first reading. Motion made by Vice-Mayor Libbin to approve the ordinance; seconded by Commissioner Tobin; Ballot vote: 7-0. Second Reading and Public Hearing scheduled for May 9, 2012. R. Granado to notice. Lilia Cardillo to place on the Commission Agenda. Richard Lorber to handle. Jorge Gonzalez, City Manager, explained the item. Discussion held. Mayor Bower requested between first and second reading an example of 25% of the window area to be placed in storefront windows. Richard Lorber to handle. Vice-Mayor Libbin asked if it will be possible for the City to place on derelict vacant buildings something to make the building look better. Discussion continued. Handouts and Reference Materials: 1. Ballot vote 4:49:15 p.m. R5H 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) (Deferred from March 21, 2012) ACTION: Ordinance approved on first reading. Motion made by Commissioner Tobin to approve the ordinance; seconded by Commissioner Góngora; Ballot vote: 7-0. Second Reading and Public Hearing scheduled for May 9, 2012. R. Granado to notice. Lilia Cardillo to place on the Commission Agenda. Richard Lorber to handle. Handouts and Reference Materials: 1. Ballot vote Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 38 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx 4:50:52 p.m. R5I Board Member Qualifications And Categories 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; Providing For Repealer; Codification; Severability And An Effective Date. First Reading (Requested By City Commission) (Legislative Tracking: Planning Department) ACTION: Ordinance approved on first reading and referred to the Land Use and Development Committee between first and second reading. Motion made by Commissioner Góngora to approve the ordinance; seconded by Vice-Mayor Libbin; Ballot vote: 7-0. Second Reading and Public Hearing scheduled for June 6, 2012 Commission Meeting. R. Granado to notice. Lilia Cardillo to place on the Commission Agenda. Richard Lorber to place on the committee agenda and to handle. Richard Lorber, Acting Planning Director, explained the item. Discussion held. Mayor Bower requested Richard Lorber to meet with her and explain the details of this item. Richard Lorber to handle. Motion made by Commissioner Weithorn to refer item to the Land Use and Development Committee between first and second reading to review the categories to make sure the category requirements are clear. Handouts and Reference Materials: 1. Ballot vote Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 39 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx 4:55:56 p.m. R5J An Ordinance Amending Chapter 12 Of The Miami Beach City Code, Entitled “Arts, Culture And Entertainment,” By Amending Article II Thereof, Entitled “Special Events,” By Amending Section 12-5, “Special Events Permits” To Provide Clarification To Special Event Applicants Under Provision (5); By Providing Enforcement And Penalties For The Violation Of Section 12-5 As Set Forth In Provision (9); And Providing For Repealer, Codification, Severability, And An Effective Date. First Reading (Requested by the Neighborhood/Community Affairs Committee) (Legislative Tracking: Tourism & Cultural Development) ACTION: Ordinance approved on first reading. Motion made by Commissioner Weithorn to approve the ordinance; seconded by Vice-Mayor Libbin; Ballot vote: 7-0. Second Reading and Public Hearing scheduled for May 9, 2012. R. Granado to notice. Lilia Cardillo to place on the Commission Agenda. Max Sklar to handle. Max Sklar, Cultural Arts and Tourism Development Director, explained the item. Mayor Bower and Commissioner Tobin asked for Mr. Sklar to meet with them. Max Sklar to handle. Handouts and Reference Materials: 1. Ballot vote 2. Page 385, Page 5 of 6, Special Events Ordinance Amendment R7 - Resolutions 11:51:05 a.m. R7A A Resolution Approving And Accepting, Following A Duly Noticed Public Hearing As Required Pursuant To Section 82-504 Of The City Code, The Recommendation Of The Neighborhood And Community Affairs Committee To Erect A Memorial Honoring Barbara Capitman, In The Form Of A Bronze Bust Resting On A Terrazzo Plinth, To Be Installed In Lummus Park. 11:15 a.m. Public Hearing (Requested by Mayor Matti Herrera Bower) (Legislative Tracking: Parks & Recreation) ACTION: Public Hearing held. Resolution No. 2012-27889 adopted. Motion made by Mayor Bower; seconded by Commissioner Góngora. Item approved by acclamation and all the members were present. Kevin Smith to handle. Andrew Capitman spoke. Charles Urstadt, Chairman of the Miami Design Preservation League (MDPL), spoke. Handout or Reference Materials: 1. Ad in The Miami Herald AD # 697 Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 40 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx 11:58:27 a.m. R7B A Resolution Taking The Following Actions With Respect To That Certain City Capital Project Pertaining To The Undergrounding Of Overhead Utilities On Hibiscus Island: 1.) Approving, In Substantial Form (As Attached Hereto) And, Once Finalized, Authorizing The City Manager And City Clerk To Execute An Interlocal Agreement With Miami-Dade County, Florida, Which Agreement Is Being Established For The Purpose Of The City Being Able To Bill The County For The Construction Costs Pertaining To The Undergrounding Project, Up To The Not To Exceed Construction Cost Allocated In The “Hibiscus Island Overhead Services Relocation Improvement Special Taxing District,” In The Amount Of $1,834,581 (With Such Construction Being Undertaken By The City, But With The City’s Costs To Be Reimbursed By The County From The Aforestated District); And 2.) Approving, In Substantial Form (As Attached Hereto) And, Once Finalized, Authorizing The City Manager To Execute An Underground Facilities Conversion Agreement With Florida Power & Light (FPL), Pertaining To That Portion Of The Underground Conversion Project Involving The Construction/Installation Of The FPL Utilities, In The Amount Of $434,418; Provided Further That The Costs Pertaining To The Construction And Installation Of The Undergrounding Project, In The Amount Of $1,834,581, Shall Be Appropriated As An Advance From The City’s Line Of Credit (LOC), To Be Reimbursed By The County Upon Approval And Execution Of The Interlocal Agreement. (Capital Improvement Projects) ACTION: Resolution No. 2012-27890 adopted. Motion made by Commissioner Weithorn; seconded by Commissioner Tobin; Voice vote: 7-0. Patricia Walker to appropriate the funds. Fernando Vazquez to handle. 5:00:38 p.m. R7C A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Firms Pursuant To Request For Proposals (RFP) No. 46-10/11 For The Purchase And Installation Of New Multi-Space Pay Stations For The City’s On-Street And Off-Street Parking Locations; Authorizing The Administration To Enter Into Negotiations With Top-Ranked Firm, Digital Payment Technologies Corporation, And Should The Administration Not Be Able To Negotiate An Agreement With The Top-Ranked Firm, Authorizing The Administration To Negotiate With The Second-Ranked Firm, Global Parking Solutions USA, LLC; And Further Appropriating Future Funds Through The Capital Budgeting Process; And Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon The Completion Of Successful Negotiations By The Administration. (Parking/Procurement) ACTION: Resolution No. 2012-27891 adopted. Motion made by Vice-Mayor Libbin; seconded by Commissioner Weithorn; Voice vote: 7-0. Patricia Walker to appropriate funds. Saul Frances to handle. Saul Frances, Parking Department Director, introduced the item. Jorge Gonzalez, City Manager, explained. Mayor Bower asked if a person could pay by phone, and also asked if the time could be extended by phone without having to return to the car. Saul Frances, Parking Department Director, explained the pay by license plate and extend-pay. Discussion held. Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 41 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx Mayor Bower stated that we need to educate the residents and the visitor of the options, which are great options. Saul Frances to handle. Vice-Mayor Libbin asked if the new equipment could be used for private lots to prevent tows. Jose Smith, City Attorney, stated that an ordinance is being considered to regulate the private lots regarding signage, what the ticket should look like, when they can tow, a nd how much of a grace period they can be given. Vice-Mayor Libbin stated that most of the requirements could be eliminated if the patrons received an alert indicating their meter time expired. Saul Frances to handle. Raul Aguila, Chief Deputy City Attorney, informed that the City received a bid protest on this item and he entered the response to this protest into the record. Handout or Reference Material 1. Bid Protest response letter from Jorge M. Gonzalez, City Manager, dated April 10, 2012, RE: Request for Proposal No. 46-10/11 For The Purchase And Installation Of New Multi-Space Pay Stations For The City’s On-Street Parking Locations Responding To The Letter From Kevin Woznicki, President, Parkeon, Inc., dated April 6, 2012. 5:16:41 p.m. R7D A Resolution Approving The Preferred Alternative (Alternative 2) For Development And Construction Of The West Avenue Bridge Project, As Presented In The Project Development And Environment Study (PD&E), And As Recommended By The City’s Consultant, Gannet Flemming Gannett Fleming. (Public Works) ACTION: Resolution No. 2012-27892 adopted as amended and referred to Neighborhood/Community Affairs committee. Motion made by Commissioner Weithorn to approve the bridge not smaller than Alternative 2, and to refer the impact of Alternative 3 to the Neighborhood/Community Affairs Committee; seconded by Commissioner Wolfson; Voice vote: 6-1; Opposed: Vice-Mayor Libbin. Barbara Hawayek to place on the committee agenda. Fred Beckmann to handle. Amendment: • Bridge should be not smaller than Option 2 (one-lane) • Take a look at impact of Option 3 at Neighborhood/Community Affairs Committee Fred Beckmann, Public Works Director, introduced the item Jose Clavel, Gannett Fleming, gave a PowerPoint presentation. Discussion held. John Lenguin, McWilliams, Kimley-Horn & Associates, Inc, spoke. Commissioner Weithorn stated that the Miami-Dade County League of Cities has formed a committee, which she chairs, and is composed of all the major cities to ask Miami-Dade County; and the County has indicated that they are willing to have a serious discussion with the Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 42 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx committee and place the committee in control of traffic calming of the local streets This is a new development that the cities never had, and the four initial cities are the major cities in the county; Hialeah, Miami, Miami Beach, and Miami Gardens. She explained that if the committee comes up with guidelines that they all agree on, they would have local control. Discussion continued. Mark Weithorn, Chair of the Transportation and Parking Committee, spoke. The following individuals spoke: Mark Wohl Christine Florez Gary Brodhead Tammy Tibbles Susan Kilrain, President of the Sunset Harbor Neighborhood Association Harold Phillips Winston Lett, from Sunset Harbour South Scott Diffenderfer, President of the Belle Isle Homeowners association and a member of the Transportation and Parking Committee Maryland Frolich David Leeds Bob Escallon Gary Hunt Frank Kruszewski Peter Loria Discussion continued. Commissioner Exposito asked if any of the federal funds available could be used to expand the scope of the study, from the microscopic area that has been studied, to extend it north and south to encompass more of the West Avenue area and north into the north Bay Road area, because they need to address the fact that there will be impact to this area and he wants to make sure that mitigation issues could be addressed. Fred Beckmann, Public Works Director, stated that an independent traffic analysis can be made and will provide it as quickly as possible. Fred Beckmann to handle. Commissioner Exposito stated that he would like to have that traffic analysis and again would like to question Option 2, and the issue of the right turn into Dade Boulevard, and this should be considered as part of the plan, because the bridge can only handle about seven cars. Fred Beckmann to handle. Fred Beckmann, Public Works Director, stated that those issues will be discussed in the design phase of the project. Discussion continued. Commissioner Tobin requested a copy of the study that addressed the moving of the maintenance yard to the land behind Beach High. Fred Beckmann to handle. Discussion continued. Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 43 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx Motion #1: Motion made by Commissioner Weithorn to approve Alternative 2 the Administration’s recommendation; seconded by Commissioner Wolfson. She clarified that she has no problem including the traffic calming for south of the commercial district. No vote taken. Discussion continued. Motion #2: Motion made by Commissioner Weithorn to approve the bridge not smaller than Alternative 2, and to refer the impact of Alternative 3 to the Neighborhood/Community Affairs Committee; seconded by Commissioner Wolfson; Voice vote: 6-1; Opposed: Vice- Mayor Libbin. Barbara Hawayek to place on the committee agenda. Fred Beckmann to handle. Handouts or Reference Materials: 1. Signed petition from residents of Sunset Harbour South Condominium in support for the construction of the West Avenue Bridge over the Collins Canal at 17th Street, dated April 1, 2012. 2. Five page document titled CMB Commission Meeting April 11, 2012 (5PM) re: West Ave Bridge (Opposition in current form); submitted by Mark Wohl. 3. Email from Mark Wohl dated April 9, 2012 RE: Opposition to West Avenue Bridge (Comment Card & Resident Letters). 4. Email from Amaury Cruz dated April 9, 2012 RE: Opinion card 5. Speaker’s list 11:58:08 a.m. R7E A Resolution Accepting The Neighborhood/Community Affairs Committee’s Recommendations On March 27, 2012 Regarding The Ad Hoc Tennis Committee’s Mission Statement And, Further, Creating The Ad Hoc Tennis Committee With Said Mission Statement, And The Membership, Purpose, Duration, And Functions As Set Forth In This Resolution. (Parks & Recreation/City Attorney’s Office) ACTION: Item deferred. Motion made by Commissioner Góngora to defer the item; seconded by Commissioner Weithorn. Lilia Cardillo to place on the May 9 Commission Agenda. Kevin Smith to handle. City Clerk’s note: Nine (9) Members One nomination from each member of the City Commission (7) One nomination from the City Administration (1) One nomination from the Parks & Recreational Facilities Board (1) The Ad Hoc Tennis Committee shall automatically sunset when the new Flamingo Park Tennis Center obtains its Temporary Certificate of Occupancy. Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 44 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx SUPPLEMENTAL MATERIAL 1: MEMORANDUM AND RESOLUTION 11:24:56 a.m. R7F A Resolution Consenting To And Confirming The Appointment Of Rafael E. Granado As The New City Clerk For As The City Of Miami Beach, Florida. (Human Resources) (Memorandum & Resolution to be Submitted in Supplemental) ACTION: Resolution No. 2012-27893 adopted. Motion made by Commissioner Góngora; seconded by Vice-Mayor Libbin; Voice vote: 5-2; Opposed: Commissioners Tobin and Wolfson. Ramiro Inguanzo to handle. Commissioner Tobin stated that he voted ‘”no” because he does not see any experience as a City Clerk. He does not know the gentleman, but there was a national search done and he feels that it could be better and he does not see the salary and would like to know the salary and benefits. Jorge Gonzalez, City Manager, explained and added that in respect to the salary on promotions it is basically a 5% increase. Commissioner Tobin stated that it takes him a long time to get information when is in reference to somebody that went to school with the City Manager. Mayor Bower spoke. Commissioner Exposito stated that Commissioner Tobin brings up a good point and he would also like to see compensation packages whenever a person is hired or promoted in the future. Ramiro Inguanzo to handle. Commissioner Wolfson stated that he needs information in advance whenever somebody is hired. The Honorable Judge Shelley J, Kravitz administered the Oath of Office, effective April 16, 2012. The Honorable Judge Shelley J, Kravitz stated that she grew up in Hialeah and she is the first Jewish woman judge. She is also very proud to say that she is a 30-year resident of Miami Beach. She stated that Ralph knows election laws very well and is an asset to the City. She has worked with him when he was in Hialeah, where he had a dual role as Acting H.R. Director and City Clerk. Judge Kravitz added that Ralph is also an attorney, and that when he started his practice of law, she was the first Judge that Ralph ever appeared before.. The Honorable Judge Shelley J, Kravitz administered the Oath of Office, effective April 16, 2012. Handout or Reference Materials 1. Signed oath Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 45 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx R9 - New Business and Commission Requests R9A Board And Committee Appointments. (City Clerk’s Office) ACTION: The following individuals were appointed: Affordable Housing Advisory Committee: Charles Urstadt (8) Local Planning Agency Term ending 12/31/12 City Commission Appointment TL 12/31/17 Personnel Board: David Richardson Term ending 12/31/13 City Commission Appointment TL 12/31/17 5:15:40 p.m. R9A1 Board And Committee Appointments - City Commission Appointments. (City Clerk’s Office) Motion made by Commissioner Góngora to appoint David Richardson to the Personnel Board and appointed by acclamation. Ramiro Inguanzo to handle. 5:15:19 p.m. R9A2 Approve The Recommendation Of The Planning Board To Appoint Charles Urstadt To Fill The Affordable Housing Advisory Committee Vacancy In Category Eight (8), Actively Serving On The Local Planning Agency Pursuant To Florida Statute § 163.3174 (Planning Board Member), Upon Approval By The City Commission. (City Clerk’s Office) ACTION: The following City Commission appointment was made: Motion made by Commissioner Góngora to appoint Charlie Urstadt To Fill The Affordable Housing Advisory Committee vacancy In Category Eight (8), actively serving on the local planning agency pursuant to Florida Statute § 163.3174 (Planning Board Member), seconded by Vice- Mayor Libbin; approved by acclamation. Anna Parekh to handle. Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 46 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx 3:29:16 p.m. R9B1 Dr. Stanley Sutnick Citizen’s Forum. (12:30 p.m.) ACTION: 1) Steve “Bubba’ Cohen stated that he met with the City Manager and the Chief of Police to resolve the PAL issues and he referenced to documents distributed at the dais. He made recommendations and the City Manager stated that he does not have the authority to remove the Executive Director of PAL. He needs to know who has the authority. Mayor Bower stated that maybe the non-for-funding status can be removed. Jorge Gonzalez, City Manager, explained that “removal” or replacing an individual is an authority that the Chief of Police retains; and the Executive Director in fact has been changed. To eliminate the position or no longer fund the position is a City Commission action during the budget process. Discussion continued. Commissioner Tobin stated to the members of the public that Mr. Cohen is complaining about members of PAL spending funds, and that the matter was referred to the Miami-Dade Police Department. He understand the individual was removed that was in charge when this took place and he is not inclined to remove the new person until the investigation is finished and wrong doing is proved. He can appreciate Mr. Cohen’s concern on this matter. Handouts or Reference Materials: 1. Documents distributed by Steve “Bubba” Cohen titled Past Actions Regarding the PAL Need to be Addressed attached to an email from Raymond Martinez dated March 16, 2010 RE: Proposed Removal of the Police Officer Assigned to MBPAL. 7:39:52 p.m. R9B2 Dr. Stanley Sutnick Citizen’s Forum. (5:30 p.m.) ACTION: 1. Paul Jonas spoke about R5G on the agenda and on the distribution of handbills, and thanked Commissioners Tobin and Wolfson for recognizing the need to increase the fines. R9C Discussion Regarding A Resolution To Encourage Miami-Dade County To Increase Collection Efforts Of Unpaid Parking Tickets. (Requested by Commissioner Jorge R. Exposito) ACTION: Item withdrawn. Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 47 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx 7:02:56 p.m. ADDENDUM 1: R9D Discussion And Update Regarding The Collins Canal Project. (Requested by Commissioner Edward L. Tobin) ACTION: Discussion held. The City Commission agreed to the following commitments: Commission Direction: 1. Ask FDOT to extend the deadline for bike path - Fred Beckmann to handle 2. Ask Miami-Dade County about eliminating the left lane turn into Publix - Fred Beckmann to handle 3. Look at CIP to find the $800,000 to $1.3 million or more - Fernando Vazquez and Kathie Brooks to handle End Commissioner Tobin requested a status update on the Collins Canal project. Rick Saltrick, Assistant City Engineer, gave a verbal update. Discussion held. Commissioner Góngora explained that this item was discussed at the Finance and Citywide Projects Committee, and is was agreed that during the budget meetings in Finance this summer to look for funding sources to green the project. Discussion continued. Sheryl Gold thanked Bob Parcher on his last City Commission meeting day, and stated that he is the finest public servant she has ever met. On the issue, Ms. Gold stated that they have been talking about this for two years; their group of experts, landscape architects, engineers, and urban planners have spent thousands of hours advocating for progressing the Collins Canal project; that should be staff’s job; they have actually presented the solutions to the problem; there is little communication, the last she understand is that there is a shortfall of $800,000. This was referred to Finance & Citywide Projects Committee, and it was recommended to come back to CIP where it would have to compete with other projects. She added that it is not the resident's responsibility to find the moneys, and stated that this is an environmentally destructive project and it is up to the City Commission to find the money and get staff to implement the project. Discussion continued. Barry Miller, Landscape Architect and neighborhood resident, thanked Public Works for entertaining their ideas, and stated that the problem with the project on this historic canal is that it leaves you seawall, 10 foot sidewalk, 40 feet of asphalt (Dade Blvd) and more sidewalk for a large portion of the section between Alton Road and Meridian Avenue, basically creating a concrete canyon on the Collins Canal. He added that the left turn lane into the Publix Market squeezed the bike path, narrowing down the bike path and eliminating the landscape; this is not sustainable, it is unprogressive, ugly and it doesn't work; the problem being faced is the grants provided to the City – seawall and bike path grants; it's a two-part grants. What he is asking the City Commission is for it to be proactive and ask the State and the Feds if this bike path part is tied to a July 30th deadline; don’t spend good money after bad. He asked if the City can get an Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 48 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx extension on the bike path, then look at a study and see if the left-hand turn can be eliminated. He suggested not touching the seawall; but find out if they can get an extension on the bike path route, then do a study and go to the County to see if the left-hand turn can be eliminated. Discussion continued. Rick Saltrick, Assistant City Engineer, spoke. Vice-Mayor Libbin agreed to ask about delaying the bike path until they find out if the left turn lane can be eliminated. Discussion continued. Jane Lawson spoke and showed pictures of Collins Canal. Miriam Levin spoke. Mayor Bower summarized the actions to do: Commission Direction: 1. Ask FDOT to extend the deadline for bike path 2. Ask Miami-Dade County about eliminating the left lane turn into Publix 3. Look at CIP to find the $800,000 to $1.3 million or more End Handout or Reference Materials: 1. Color printout of house alongside Collins Canal. 2. PowerPoint copy of Dade Boulevard Bike Path Collins Canal Seawall Restoration. 11:59:14 a.m. ADDENDUM 1: R9E Discussion Regarding Whether The Use Of The Commission Chambers For A Developer’s Meeting About A Private Project Is Appropriate. (Requested by Mayor Matti Herrera Bower) ACTION: Discussion held. Recommendations made (see below) and item referred to Finance and Citywide Projects Committee. Motion made by Commissioner Góngora to approve; seconded by Commissioner Weithorn; Voice vote: 6-0; Absent: Commissioner Wolfson. Patricia Walker to place on the committee agenda. Jorge Gomez to handle. RECOMMENDATIONS: 1. Commission Chamber can be used for this meeting. The meeting can be recorded but not televised. 2. Item referred to Finance & Citywide Projects Committee to develop criteria and procedures for usage of the Commission Chamber End Robert Parcher, City Clerk, stated that typically the Chambers are not used for private meetings and this will set a precedent. Mayor Bower stated that a criteria should be set up for using the Chambers for private meetings Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 49 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx since there is an expense for opening it and possible charging for the use of it. Jorge Gomez to handle. Commissioner Weithorn volunteered to set up the criteria and to refer to the Finance and Citywide Projects Committee. The meetings will not be televised. Carla Probus spoke. 11:37:55 a.m. ADDENDUM 2: R9F Discussion Regarding The Status Of Three Historic Buildings, The Adams, The Collins Park And The Tyler, That Were Damaged In Last Year’s Arson Fires, And The City’s Actions In Stabilizing The Buildings To Prevent Demolition By Neglect. (Requested by Mayor Matti Herrera Bower) ACTION: Discussion held. Jorge Gomez, Assistant City Manager, explained the item. Discussion held. Ari Pearl spoke. Discussion continued. Jose Smith, City Attorney, stated that this is part of a written settlement agreement, which they have already signed, and has been submitted to the City Manager for signature together with a check of nearly $300,000. Mayor Bower stated that she is happy because those are beautiful buildings in a Historic District that is unique. She added that the preservation community has been putting pressure on the City to take care of the buildings if the owners were not going to do it since they do not want them lost. Mitch Novick, Chair of the Miami-Dade County Historic Preservation Board, spoke. Discussion continued. Jose Smith, City Attorney, stated that tin addition to Jorge Gomez who was part of this negotiation and helped achieve this result, he would like to recognize Steve Rothstein and Rhonda Montoya Hasan, from his office, who were part of the negotiation team that worked on preserving these properties. Mitch Novick congratulated Robert Parcher on his retirement. Afteraction April 11, 2012 City Of Miami Beach Prepared by the City Clerk’s Office Page No. 50 of 50 M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120411\aa04112012.docx R10 - City Attorney Reports R10A City Attorney’s Status Report. (City Attorney Office) ACTION: Report included in the Agenda. Reports and Informational Items Reports and Informational Items (see LTC No. 088-2012) End of Regular Agenda Meeting adjourned at 7:42:45 p.m.