20120509 AAAfteraction May 9, 2012 City of Miami Beach
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City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
May 9, 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 Rafael E. Granado
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
Special note: In order to ensure adequate public consideration, if necessary, the Mayor and City
Commission may move any agenda item to the alternate meeting date, which will only be held if needed. In
addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without
reaching all agenda items.
PA1-3 Presentations and Awards
C2A Award Contracts, Purchase Medical Supplies.
C2B Reject All Bids, Purchase Enterprise Audio And Video Systems For IT Training Rooms.
C2C Award Contract, Bio-Hazardous Waste Cleaning.
C2D Cancel RFP, Removal/Disposal Of Derelict Vessels And Issue RFQ For The Services.
C2E Award Contracts, Elevator Inspection Services.
C4A Ref: NCAC - Agreement w/ Temporary Entertainment, LLC, For Spiegeltent.
C4B Ref: NCAC - New Lease Agreement, Design Miami Show.
C4C Ref: NCAC - Timing Of Usage Of The City Of Miami Beach’s Leaf Blowers. (Góngora)
C6A Report: Capital Improvement Projects Oversight Committee Meeting On March 19, 2012.
C6B Report: Neighborhood/Community Affairs Committee Meeting On April 24, 2012.
C6C Report: Joint NCAC And Land Use And Development Committees Mtg On April 24, 2012.
C6D Report: Finance And Citywide Projects Committee Meeting On April 19, 2012.
C7A Submit Applications To Various Funding Agencies.
C7B Accept Recommendation, Provide Public Information Services On Construction Projects.
C7C Approve NCAC’s Recommendation, Implement Food Truck Pilot Program In North Beach.
C7D Approve Historic Ad Valorem Tax Exemption For 1815 Michigan Avenue.
C7E Approve Historic Ad Valorem Tax Exemption For 4245 North Meridian Avenue.
C7F Execute Agreements w/ FDOT, Drainage Improvements - 5th Street To Michigan Avenue.
C7G Set Public Hearing, Revocable Permit For Marriott Seville, 1901 Collins Avenue.
C7H Set Public Hearing, Revocable Permit For CG Tides, LLC, etc., 1220 Ocean Drive, etc.
R5A Fees, Charges, Rates And Billing Procedure. (Wolfson)
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R5B Naming Public Facilities/Establishment Of Monuments/Memorials.
R5C Rooftop Small Wind Turbines. (Tobin)
R5D Vacant Storefront Screens And Signs. (Libbin)
R5E Amend Arts, Culture And Entertainment - Special Events.
R5F Recycling Ordinance (Wolfson)
R5G Amend LDR’s - Maintenance And Security Bonds. (Tobin)
R5H Amend Miscellaneous Offenses - Speed Of Segways. (Weithorn)
R7A Appeal Request, DRB Decision For 1 Washington Ave. - South Pointe Park.
R7B Grant Revocable Permit To Bay Road Outparcel Partners, 1916 Bay Road.
R7C Accept NCAC’s Recommendations Re: Ad Hoc Tennis Committee.
R7D Revise Special Events Requirements And Guidelines, And Amend Fee Schedule.
R7E Amend Resolution, Appoint Rep For Membership On M-DC Charter Review Task Force.
R7F Call For A Special Election - HPB And Building Heights. (Bower)
R7G Call For A Special Election - Increase Resort Tax On Room Rent. (Bower)
R7H Call For A Special Election, Special Meetings Of The City Commission. (Wolfson)
R7I Grant Extension Of Franchise Agreements For Commercial Solid Waste Contractors.
R7J Authorize Agreements - Action Plan To Address Potential Corruption And Misconduct.
R9A Board And Committee Appointments.
R9A1 Board And Committee Appointments - City Commission Appointments.
R9B1-2 Dr. Stanley Sutnick Citizen’s Forum.
R9C Discuss: North Beach Murder At 75th Street And Ocean Terrace. (Tobin)
R9D Discuss: Waive Colony Theater Rental Fee For The Film Life Foundation. (Bower)
R9E Discuss: Healthy Initiatives Being Implemented By Parks And Recreation. (Exposito)
R9F Discuss: Amend Rules And Procedures - Information Re: Any Wrongdoing. (Libbin)
R9G Discuss: Administration Complacency/Accountability And City Manager’s Tenure. (Tobin)
R9H Discuss: Dismissal Of The City Manager. (Wolfson)
R10A City Attorney’s Status Report.
Reports and Informational Items (see LTC No. 116-2012)
1A Execute Lease Agreement With Mr. R Sports, Inc., Anchor Shops.
Meeting called to order at 10:02:03 a.m.
Inspirational Message given by Rabbi Amy Morison from Temple Beth Sholom.
Pledge of Allegiance led by William Talbert.
SUPPLEMENTAL MATERIAL 1:
C7C Resolution
C7H Memorandum & Resolution
R7B Memorandum & Resolution
R7I Memorandum
R7J(1-4) Memorandum & Resolutions
SUPPLEMENTAL MATERIAL 2:
R7D – Corrections (Handout Material)
ADDENDUM MATERIALS No.1:
Motion made by Commissioner Weithorn to add item R9I to the Agenda as an emergency item;
seconded by Commissioner Exposito; Voice vote: 7-0.
The City Commission will recess for lunch at approximately 1:00 p.m.
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Presentations and Awards
10:05:44 a.m.
PA1 Certificates Of Recognition To Be Presented To Select Students And Teachers Of The Miami-
Dade County Public Schools For The 2011-12 School Year And A Recognition Of Miami Beach’s
Achievement Of IB Authorization In Every Public School.
(Requested by Mayor Matti Herrera Bower)
ACTION: Certificates presented.
Mayor Bower recognized the students, teachers, parents and everyone involved in the school
system. She recognized Mr. Jerold Blumstein, Administrative Assistant from Martin Karp’s Office
and Lubby Navarro, Director, Office of Intergovernmental Affairs Administration and Community
Engagement. She explained that Jorge Gonzalez, City Manager, and Leslie Rosenfeld,
Organizational Development and Training Specialist, worked very hard on this issue, along with
the Quality of Education Committee members and PTA presidents.
The following schools and students were recognized:
Biscayne Elementary: Balanced: Tatiana Carvajal, Caring: Devonte Palmer, Principled: Duarne
Carrillo, Thinker: Rudra Bhatt, Teacher if the Year, Jackie Adler, Rookie Teacher of the Year,
Kenneth Nudelman; Fisher-Fienberg K-8: Balanced: Maria Laura Moriano, Caring, Joslyne
Francois, Principled, Maria Zalazar, Thinker, Andrey Kozyrev, Teacher of the Year: Marcela
Marcos, Rookie Teacher of the Year: Almendra Bodan; Retirees: Geraldine Walton and PARAs:
Alicia Venereo and Hildelisa Ortega. Miami Beach Sr. High: Balanced, Cherisse Cooper, Caring,
Carnella Belton, Principled, Staceyann McLean, Thinker, Jason Albert, Teacher of the Year,
Gussie Bowen, Rookie Teacher of the Year, Andrea Monsalve and Retirees, Dr. Richard Stewart
and Doug Burris. Nautilus Middle: Balanced, Ana Duart, Caring, Mariela Torres, Principled,
Sarai Simoes, Thinker, Avery Hause, Teacher of the Year, Dorothy Brochey, and Rookie Teacher
of the Year, Jose Alvarez; North Beach Elementary: Balanced, Jett Coetzee, Caring, Leonie
Smit, Principled, Donovan Mcnamara-Bloom, Thinker, David Fryd, Teacher of the Year, Anat
Schwartzbaum and Rookie Teacher of the Year Vanessa Ocana.
Proclamation to North Beach Elementary for their program, “One World, Many Abilities”:
Student Oliver Stern along with his teachers, Alice Quarle, Indera Rampersaud, Shari Lombardi
established this program, One World, Many Abilities, which seeks to educate and enlighten the
elementary school students by having each appreciate the abilities of persons living with
disabilities.
Ruth K. Broad Bay Harbor K-8: Balanced, Hannah Freeman, Caring, Matias Sanchez,
Principled, Raquel Abraham, Thinker, Nataly Wittels, Teacher of the Year, Shirley Etienne,
Rookie Teacher of the Year, Shirle Grangeiro and Retirees John Bart Grimm and Ronnie Pech.
South Pointe Elementary: Balanced, Michele Dibari and Tafet Touati; Caring, Alex Levine And
Serena Atlan, Principled, Ashlynne Wever and Jose Marquez, Thinker, Jason Osorio and Isadora
Krun. Treasure Island Elementary, Balanced, Angelina Diaz, Caring, Sofia Ibarzabal,
Principled, Mychel Sampson, Thinker, Alain Losada, Teacher of the Year, Olga Bichachi and
Rookie Teacher of the Year Antonio Escandon.
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New Item:
10:34:00 a.m.
Vice-Mayor Libbin commented that about a week ago, they had a culmination of an amazing
project sponsored by the Miami Beach Chamber of Commerce, in which fourth grade students in
each and every elementary school in the feeder pattern along with the Hebrew Academy, painted
a mural 10’ x 45’ with the internationally acclaimed artist and conservationist Wyland, and the
Mayor accepted Wyland’s challenge on behalf of the City. This challenge, called the Mayor’s
Challenge, was held to see which cities in America would actually conserve the most water in the
month of April during Earth Day. The students signed to pledge with different activities in order to
conserve water. There were over 1,000 cities participating in the Mayor’s Challenge, and the City
of Miami Beach came in at No. 4 in the country. Wyland’s staff calculated that all the cities
collectively conserved five billion gallons of water in the month of April.
New Item:
10:38:07 a.m.
Mayor Bower announced that today is Rafael E. Granado’s first Commission Meeting as City
Clerk, and she welcomed him.
10:54:15 a.m.
PA2 Proclamation To Be Presented In Honor Of National Beach Safety Week, May 22 - 29, 2012 And
Rip Current Awareness Week, June 3 - 9, 2012.
(Requested by Mayor Matti Herrera Bower)
ACTION: Proclamation presented.
Fire Chief Javier Otero stated that every year thousands visit the City’s beaches, and the
department on average has less than three drownings per year, and this week is just to raise
awareness and making sure that the public check on beach conditions on the website and when
they get to the beach to check with lifeguards regarding rip currents and safety issues.
Scott Reynolds, Beach Patrol Operations Supervisor, spoke.
10:39:07 a.m.
PA3 Presentation On The State Of The Tourism And Travel Industry By William Talbert, President &
CEO Of The Greater Miami Convention & Visitors Bureau And Recognition Of National Travel
And Tourism Week.
(Requested By Mayor Matti Herrera Bower)
ACTION: Presentation made by William Talbert, President and CEO of the Greater Miami
Convention and Visitors Bureau.
William Talbert, President and CEO of the Greater Miami Convention & Visitors Bureau,
introduced Jean Prescott, owner of the Alexander All Suite Hotel, and immediate past Chair of the
Convention Bureau Board. He also introduced members of the staff and industry leaders
present: Senior Sales Team; Rolando Aedo, Marketing and Tourism; Ira Morirarty, Convention
Sales; George Neary, Cultural Tourism, Wendy Kallergis, Board Member and Stu Bloomberg. He
gave a status report on the industry, indicating that Miami Beach is one of the hottest destinations
in the world, and that this is possible due to the partnerships and the support of City officials and
Administration. He explained that Mayor Bower and Jorge Gonzalez, City Manager, served on
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the Executive Committee board and represent the City very well and he thanked the entire City
Commission collectively. During the U.S. Travel Association Vote Travel Tour last week, it was
announced that Miami Beach was the number one stop in the tour. For this Vote Travel Tour,
Commissioner Exposito represented the City well. He recognized Jeannie Gutierrez, Stu
Bloomberg and staff, Double Decker Buses, Deco Bike, Hertz Rent-A-Car, New World
Symphony; Miami-Dade Elections Department, who registered people to vote, and he thanked all
participants for making this event successful towards adding jobs to this community, bringing
visitors, conventions and events to Miami Beach. He added that in 2012 for the first three months
revenue for hotel room was up 18% from last year in Miami Beach alone. He explained that in
the future their goal is to attract South American tourists, and Brazilian President Dilma Rousseff
and President Obama have agreed to start getting visas waivers to Brazil, and when this
happens, within one year the number of Brazilian tourists will double; therefore, incrementing job
opportunity.
Jean Prescott, Alexander Hotel owner, presented a plaque, which Commissioner Weithorn read
into the record.
Discussion held.
Commissioner Góngora congratulated the Greater Miami Convention & Visitors Bureau for the
job that they do.
Handouts or Reference Materials:
1. Business card from Ginny Gutierrez, Director of Community Relations, Greater Miami Convention &
Visitors Bureau.
CONSENT AGENDA
ACTION: Motion made by Commissioner Góngora to approve the Consent Agenda; seconded by
Commissioner Exposito; Voice-vote: 7-0.
C2 - Competitive Bid Reports
C2A Request For Approval To Award Contracts To Midwest Medical Supply, LLC; Bound Tree
Medical, LLC; Physio-Control, Inc.; Zoll Medical Corporation; Vidacare Corporation; Henry
Schein, Inc.; Quadmed, Inc.; And Guardian EMS Products, Pursuant To Invitation To Bid (ITB)
No. 13-11/12, For The Purchase Of Medical Supplies, In The Estimated Annual Amount Of
$263,400.
(Fire Department/Procurement)
ACTION: Request authorized. Fire Chief Otero to handle.
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8:03:18 p.m.
C2B Request For Approval To Reject All Bids Pursuant To Invitation To Bid (ITB) No. 12-10/11, For
The Purchase And Installation Of Enterprise Audio And Video Systems For The Information
Technology Division (IT) Training Rooms.
(Information Technology/Procurement)
ACTION: Item separated for discussion by Vice-Mayor Libbin. Item heard in conjunction
with items C2C and C2D. Request authorized. Motion made by Vice-Mayor Libbin seconded
by Commissioner Góngora; Voice vote: 4-0. Absent: Commissioners Tobin, Weithorn and
Wolfson. Raul Aquila to notify bidders.
C2B
Vice-Mayor Libbin explained that departments entering bids and going through a bid which
involves staff time. In this instance, the IT department cancelled the bid after companies
responded because they found that the equipment price was too high and added that prior due
diligence could have saved time and effort.
C2D
This bid for the removal and disposal of derelict vessels was cancelled, and after a mandatory
pre-proposal meeting, the Marine Patrol explained that they could not give a fixed price because
of the different costs of the vessels. That information should have been determined up front since
the information was readily available.
C2C
The Police Department recommended not accepting the lowest bidder and he asked if the lowest
bidder is the current provider of the services. Vice-Mayor Libbin asked how much due diligence
was done before rejecting the lowest bidder.
Major Brian Sliman explained that the lowest bidder is not the current provider and explained that
they had the benefit of knowing the low bidder, since the City had used them in the past, and the
decision was based on past performance.
Discussion held.
Raul Aguila, Deputy City Attorney, explained that the reason for not accepting the lowest bid is
because it was not the lowest and best bid, since there were performance related issues.
8:03:18 p.m.
C2C Request For Approval To Award A Contract To Bio Response Corporation, Pursuant To Invitation
To Bid (ITB) No. 16-11/12, For Bio-Hazardous Waste Cleaning, In The Estimated Annual Amount
Of $26,450.00.
(Police Department/Procurement)
ACTION: Item separated for discussion by Vice-Mayor Libbin. Item heard in conjunction
with items C2B and C2D. Request authorized. Motion made by Vice-Mayor Libbin seconded
by Commissioner Góngora; Voice vote: 4-0. Absent: Commissioners Tobin, Weithorn and
Wolfson. Chief Martinez to handle.
See discussion with item C2B.
Handouts or Reference Materials:
1. Letter to Mr. Walter Philbrick dated May 7, 2012, RE: ITB 16-11/12 for Bio-Hazardous Clean-up
Services (ITB) City of Miami Beach’s Response to International Protective Services’ Bid Protest.
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8:03:18 p.m.
C2D Request For Approval To Cancel Request For Proposals (RFP) No. 26-11/12 For The Removal
And Disposal Of Derelict Vessels And, In The Alternative, To Issue A Request For Qualifications
(RFQ) For The Services.
(Procurement)
ACTION: Item separated for discussion by Vice-Mayor Libbin. Item heard in conjunction
with items C2B and C2C. Request authorized. Motion made by Vice-Mayor Libbin; seconded
by Commissioner Góngora; Voice vote: 4-0. Absent: Commissioners Tobin, Weithorn and
Wolfson. Raul Aguila to notify and to handle.
See discussion with Item C2B.
C2E Request For Approval To Award Contracts To The Following Vendors: Miami Elevator Inspection,
A-1 Elevator Inspection, Inc. And Up & Down Elevator Inspection As The Lowest And Best
Bidders, Pursuant To Invitation To Bid No. 33-11/12, For Elevator Inspection Services In The
Estimated Annual Amount $240,000; And Further Approving A Month To Month Extension Of The
Current Elevator Inspection Services Contract With Miami Elevator Inspection, Dade Elevator
Inspection And Consulting Services, And Vertical Assessment Associates, Expiring On April 30,
2012 (The Current Contract), With Said Extension Commencing Retroactively On May 1, 2012,
And Terminating, For Convenience And Without Cause, At Such Time As A Contract With The
Successful Proposer Is Executed.
(Building/Procurement)
ACTION: Request authorized. Stephen Scott to handle.
Handouts or Reference Materials:
1. Letter to Mr. Chris Strawn dated May 7, 2012, RE: City of Miami Beach’s Response to Vertical
Assessment Associates’ Protest, dated May 4, 2012 Pursuant to ITB 33-11/12 for Elevator Inspection
Services.
C4 - Commission Committee Assignments
C4A Referral To The Neighborhood/Community Affairs Committee - Consideration Of An Agreement
Between The City And Temporary Entertainment, LLC, For The Presentation Of “Orchid”, A Live
Theatrical And Musical Performance Within A Spiegeltent And The Installation Of Ancillary Food
And Beverage Services And Entertainment Areas, To Be Located At The Collins Park Spoil Area,
Between 21st And 22nd Streets.
(Tourism & Cultural Development)
ACTION: Referred. Barbara Hawayek to place on the committee agenda. Max Sklar to handle.
C4B Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding Whether
The City Should Enter Into A New Lease Agreement With Design Miami To Hold The December
Design Miami Show In The Preferred Parking Lot, For Specific Dates In 2013, 2014, 2015, 2016,
And 2017.
(Tourism & Cultural Development)
ACTION: Referred. Barbara Hawayek to place on the committee agenda. Max Sklar to handle.
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C4C Referral To The Neighborhood/Community Affairs Committee - Discussion Concerning The
Timing Of The Usage Of The City Of Miami Beach’s Leaf Blowers.
(Requested by Commissioner Michael Góngora)
ACTION: Referred. Barbara Hawayek to place on the committee agenda. Hernan Cardeno,
Code Compliance, Division Commander, and Robert Santos-Alborna, Code Compliance Director,
to handle.
C6 - Commission Committee Reports
C6A Report Of The Capital Improvement Projects Oversight Committee Meeting On March 19, 2012:
1) Attendance. 2) Review And Acceptance Of Minutes. 3) Accomplishments: 3A) Completion Of
Fire Station #2 Historic Building And Hose Tower. 4) Public Comments. 5) Old
Business/Requested Reports: 5A) Status Report: Normandy Isle Neighborhood; 5B) Discussion:
Biscayne Point Neighborhood Improvement Project; 5C) Status Report: Sunset Islands I & II; 5D)
Status Report: Sunset Islands III & IV; 5E) Status Report: Lower North Bay Road; 5F) Status
Report: Venetian Islands; 5G) Status Report: Palm And Hibiscus Island Undergrounding. 6)
Commission Items: 6A) RFQ For Construction Management Service; 6B) Flamingo Park Tennis
Center Project. 6C) Collins Park Garage.
ACTION:
Item No. 1: Attendance
See attendance sheet copy attached.
Item No. 2: Review And Acceptance Of Minutes
MOTION: Acceptance of Report (Minutes) of the February 6, 2012 CIPOC Meeting.
MOVED: D. Kraai 2nd: T. Trujillo
PASSED: Unanimous
Provide a draft copy of the Stormwater Master Plan to Committee members in the April agenda.
(PWD)
Item No. 3: Accomplishments and Item No. 3A: Completion Of Fire Station #2 Historic
Building And Hose Tower
Maria Palacios and Shari Holbert Lipner, of the Office of Capital Improvement Projects, presented
information about the construction project to restore Fire Station #2 for use as the administration
building for the fire department including information about the efforts to restore some significant
historic details in the building.
Item No. 4: Public Comments
No members of the public came forward.
Item No. 5: Old Business/Requested Reports and Item No. 5A: Status Report: Normandy
Isle Neighborhood
Status Report: Normandy Isle Neighborhood
David Martinez, Office of CIP Acting Assistant Director reported on behalf of Mattie Reyes, Senior
Capital Project Coordinator, who was out. Installation of the light poles in Normandy Isle has been
completed. The lights were to be energized within a few weeks of the meeting. The City secured
a JOC contractor to complete the crosswalk pavers, and funding has been identified. The project
is expected to begin in April, 2012. CIP has identified a consultant from the A&E rotational list to
complete the plans for the swale reclamation and design for drainage. Design services are
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expected to be completed over the summer and if the bid process is conducted on schedule,
construction should be completed by summer 2013.
Item No. 5B: Discussion: Biscayne Point Neighborhood Improvement Project
CIP Director Fernando Vazquez explained that the final agreement for the new design/build
contract was going to Commission (March 21). Added scope generated by newer requirements,
would be included in the package. The contract includes settlement of any delay claims from the
contractor as well.
CIP and the contractor have been meeting with the City Manager. The full, executed contract was
not complete at the time of the CIPOC meeting, and was not yet ready for presentation to
Commission, so a copy was not brought to CIPOC. Christina Cuervo asked for a presentation on
this item to be brought to the Committee for review.
Bring information and a presentation to CIPOC on the final agreement with DMSI for the Biscayne
Point new design/build package.
In the meantime, work had not stopped in the Biscayne Point neighborhood. The contractor is
finalizing water main installations and lighting.
Item No. 5C: Status Report: Sunset Islands I & II
Maria Hernandez, Senior Capital Projects Coordinator said that work is proceeding according to
schedule.
E. Camargo, who is also a resident of Sunset Island II, commented that work is progressing well.
Christina Cuervo asked how the RPR for this project is working out with the team. Ms. Hernandez
responded that the company, Schwebke Shiskin, is very responsive and working well. The
Engineer of Record is Chen and Associates, and all entities involved attend the meetings and
respond to all inquiries.
Item No. 5D: Status Report: Sunset Islands III & IV
Rick Saltrick, Acting City Engineer, explained that the Design Criteria Package (DCP) is being
developed with the firm CT3S for the undergrounding of utilities. The City is working with the HOA
for a ballot question to distribute to the neighborhood the end of April.
Entry improvements are underway. Final permitting for the guardhouse is also underway. The
City has agreed to pay $50,000 for enhancements to the guardhouse, and the rest of the work will
be funded by the HOA.
*The Committee noted that the item that was brought to the last meeting, which HOA
representatives complained had been pulled from the City Commission agenda in February, had
been placed back on the agenda, and the undergrounding efforts are proceeding.
Item No. 5E: Status Report: Lower North Bay Road
Maria Hernandez told the Committee that this project is temporarily on hold while revisions to the
drainage design are being considered, using the new stormwater model. A report on the new
design is expected April 6.
The City Public Works Department is verifying through the drainage model if the design meets the
level of service required.
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Dwight Kraai asked if the City is waiting for new Stormwater Master Plan to be completed before
verifying the design for LNBR. Rick Saltrick explained that this project was designed under the
older criteria and is not required to meet tailwater elevations. Public Works is making use of a
more detailed model, and that data is being used to help in the design.
Eleanor Carney asked what hydrographics were being used in the modeling and on what time
period they were basing the rain results. Mr. Saltrick responded that they are using the South
Florida Water Management District graphs which are based on a 5year, 1day storm event.
Item No. 5F: Status Report: Venetian Islands
Aaron Sinnes, Senior Capital Projects Coordinator, said that the design was resubmitted to the
overseeing agencies after the City responded to the last set of comments (Feb. 3). Schwebke
Shiskin received the changes on February 20, and have submitted their revised cost estimates.
An ITB is anticipated in May.
Eleanor Carney asked for further clarification about the revised cost estimates.
David Martinez said that a certain percentage of fluxuation is allowed with the cost estimate. The
estimate that was just submitted is current and reflects the current market and the cost of fuel.
Ms. Carney asked how much of a shortfall is reflected in the current cost estimate. Mr. Martinez
says that the estimate is short by approximately 10%, which is the equivalent of the contingency,
but to cover all costs comfortably, the City is seeking approximately an additional $650,000. Ms.
Carney complained that the shortfall was a result of money taken out of the project and placed in
the causeway waterline project, without increasing the budget.
Additional discussion surrounded concern over the time schedule. In previous meetings, the City
indicated that the ITB would be out in March and now that component is two month behind the
anticipated schedule.
Bring a revised schedule to the April CIPOC meeting for the Venetian Island Neighborhood
Improvement Project.
Eleanor Carney added that the City was to make efforts to seek other funding sources.
Item No. 5G: Status Report: Palm And Hibiscus Island Undergrounding
David Martinez, Assistant Director of the Office of Capital Improvement Projects, said that the
City’s Legal Department had not yet received the inter-local agreement from the County and City
officials are currently inquiring with the County to receive it. There is a negotiable fee for the
design criteria package preparations and the contract will be executed when the inter-local
agreement comes back and the numbers are known.
Item No. 6: Commission Items and Item No.6A: RFQ For Construction
RFQ For Construction Management Service
Fernando Vazquez, CIP Director, said that this contract would provide construction management
services on an as-needed basis to help supplement current CIP resources. The City is seeking a
professional construction management firm to assist CIP in managing the multiple neighborhood
improvement projects as infrastructure and streetscape improvement projects ramp up. The
proposed selected firm would provide engineering management services to ensure plans are
properly designed before going to bid. They would also provide assistance during the bidding
process in reviewing bid proposals and construction management services up to project
completion.
A discussion ensued and the Committee requested clarifications on the scope of services
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outlined in the RFQ. Assistant City Attorney Raul Aguila joined the discussion as well and
answered some questions about conflicts of interest, etc. The Committee asked that some
clarifications to the RFQ be made before the document goes to Commission. The Committee also
requested that the RFQ for the construction management services include a list of the names of
the projects to be supplemented with these services and to also include itemized budgets for the
projects . Mr. Aguila opined that changes and addendums can be made up to the issuance of the
RFQ.
The full recording of the meeting can be found at
http://web.miamibeachfl.gov/mbtv77/scroll.aspx?id=52536
MOTION: Recommend to the Mayor and Commission to pass the resolution.
MOVED: B. Erlich 2nd: T. Trujillo
PASSED: 5 Votes in favor
D. Kraai opposed
Flamingo Park Tennis Center Project
Bert Cabanas, Capital Projects Coordinator, explained that the Guaranteed Maximum Price is
$5.2 Million plus owner contingency. The City expects a start date in May and completion in one
year after construction commences. The project will be phased so some courts are open at all
times. A pro shop will also be open during construction, at times in a temporary location.
Denis Russ, representing the Flamingo Park Neighborhood Association, spoke on behalf of the
neighborhood. The community is enthusiastic about the project and has been in close dialogue
with CIP about the project. There is an understanding that the budget evolves with the process as
the market has changed. Mr. Russ is encouraged by the movement forward.
MOTION: Recommend to the Mayor and Commission to pass the resolution.
MOVED: T. Trujillo 2nd: E. Camargo
PASSED: Unanimous
C. Cuervo abstained
(citing that a relative works for the company being hired)
Collins Park Garage:
Bert Cabanas, Capital Projects Coordinator, explained the project, which will include a 400-space
garage, a pedestrian plaza and retail space.
Christina Cuervo asked for a breakdown of square footage for the retail/commercial space. The
BODR has not yet been developed or accepted. Once that is complete, this information will be
included. This Professional Services Agreement includes the development of the BODR as part
of the Architectural Services.
Bring a breakdown of square footage to the CIPOC as soon as available, preferably at the April
meeting.
MOTION: Recommend to the Mayor and Commission to pass the resolution.
MOVED: T. Trujillo 2nd: E. Carney
PASSED: Unanimous
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C6B Report Of Neighborhood/Community Affairs Committee Meeting On April 24, 2012: 1) Discussion
Regarding Licensing And Authorization Requirements For Mobile Food Trucks And Proposal For
A City Sponsored Food Truck Festival. 2) Discussion Regarding Communications About The
Progress Of Projects And Construction To The Local Residents. 3) Quarterly Crime Statistics
(Recurring Item On A Quarterly Basis). 4) Quarterly Project Status Report. (FDOT Alton Road
Project). 5) Quarterly Reports Regarding Washington Avenue. 6) Film Permits: 6a) Discussion
Regarding The Guidelines For Film Permits Issued In Residential Neighborhoods. 6b) Discussion
Regarding Proposed Amendments To The City’s Film And Print Guidelines. 7) Discussion
Regarding The Fine Schedule For A Proposed 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. (Deferred To Future Meeting). 8)
Discussion Regarding The 41st Street Life Safety Recommendations From The Committee For
Quality Education. 9) Discussion Regarding Mass Transit Connectivity Within Miami Beach And
Within Miami-Dade County. 10) Discussion Regarding A Resolution Granting And Authorizing
The Mayor And City Clerk To Execute An After-The-Fact Revocable Permit To ASR Berwick
Family LTD Partners, As Owner Of The Commercial Property Located At 335 West 47th Street,
To Retain A/C Units, A Utility Room, And A Trash Enclosure, Currently Placed Within The Public
City Right-Of-Way On West 47th Court.
ACTION:
Item No. 1: Discussion Regarding Licensing And Authorization Requirements For Mobile
Food Trucks And Proposal For A City Sponsored Food Truck Festival
Administration to identify three (3) dates with day and time consistency and move forward with a
pilot program for the food trucks and return to the Neighborhood/Community Affairs Committee
with results.
City Clerk’s Note: See item C7C
Item No. 2: Discussion Regarding Communications About The Progress Of Projects And
Construction To The Local Residents
Commissioner Tobin requested an update on the City’s website during the upcoming retreat.
Item No. 3: Quarterly Crime Statistics (Recurring Item On A Quarterly Basis)
Discussion only.
Item No. 4: Quarterly Project Status Report
Deferred to a future meeting.
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Item No. 5: Quarterly Reports Regarding Washington Avenue
Administration to come back with a comprehensive plan.
City Clerk’s Note: Kevin Crowder to handle.
Item No. 6: Film Permits
Administration to come back with a comprehensive plan.
Item No. 6a: Discussion Regarding The Guidelines For Film Permits Issued In Residential
Neighborhoods and Item No. 6b: Discussion Regarding Proposed Amendments To The
City’s Film And Print Guidelines
Administration to schedule a community meeting with the Industry and residents to discuss.
City Clerk’s Note: See item R7D.
Item No. 7: Discussion Regarding The Fine Schedule For A Proposed 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. (Deferred To Future Meeting)
Item deferred to a future meeting of the Neighborhood/Community Affairs Committee.
Item No. 8: Discussion Regarding The 41st Street Life Safety Recommendations From The
Committee For Quality Education
The Committee directed Public Works Transportation Manager Jose Gonzalez to work with
FDOT.
Item No. 9: Discussion Regarding Mass Transit Connectivity Within Miami Beach And
Within Miami-Dade County
Administration (Jose Gonzalez) to send Commission and present community members the
consultant’s agreement and scope of services.
Item No. 10: Discussion Regarding A Resolution Granting And Authorizing The Mayor And
City Clerk To Execute An After-The-Fact Revocable Permit To ASR Berwick Family LTD
Partners, As Owner Of The Commercial Property Located At 335 West 47th Street, To
Retain A/C Units, A Utility Room, And A Trash Enclosure, Currently Placed Within The
Public City Right-Of-Way On West 47th Court.
The discussion was deferred to a future meeting.
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C6C Report Of The Joint Neighborhood/Community Affairs And Land Use And Development
Committees Meeting On April 24, 2012: 1) Discussion Regarding A Possible Charter Amendment
Restricting The Manner In Which Changes To Current Land Use Regulations Can Be Made.
ACTION:
Item No. 1: Discussion Regarding A Possible Charter Amendment Restricting The Manner
In Which Changes To Current Land Use Regulations Can Be Made
Motion: Bower/Góngora: (3-1 Commissioner Tobin against) Present to the full Commission for
this consideration Alternative 2:
SHALL THE CHARTER BE AMENDED SO THAT, AFTER AUGUST 15, 2012, AND BEFORE
BECOMING EFFECTIVE, ANY CHANGE TO THE LAND DEVELOPMENT REGULATIONS IN
THE CITY CODE, THAT ALLOWS INCREASED MAXIMUM BUILDING HEIGHTS IN LOCAL
HISTORIC DISTRICTS SHALL FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A
CITYWIDE ELECTION?
City Clerk’s Note: See item R7F2.
C6D Report Of The Finance And Citywide Projects Committee Meeting On April 19, 2012: 1)
Discussion Regarding New Recycling Bins Throughout The ROW On The Beach. 2) Discussion
Regarding Amendments To The Recycling Ordinance. 3) Discussion Regarding Advertising On
Deco Bike Stations, Its Economic Impact To The City And The Enhancement Of The Deco Bike
Program. 4) Request For Approval To Issue A Request For Qualifications (RFQ) For A Fourth
Solid Waste Franchise Contractor To Provide Commercial Waste Collections And Disposal
Services. 5) Ordinance Amending Penalty Charges For Late Utility Bills. 6) Status Report And
Update On Recent Building Department Accomplishments And Activities, Including A Status
Report On Implementation Of Recommendations In The Watson Rice Study, The Development
Review Process Stakeholder Committee, And Other Recent Initiatives And Charges Undertaken
By The Building Department. 7) Discussion Regarding Placing A Referendum Item On The Next
Available Ballot To Increase The Miami Beach Resort Tax On Hotel Rooms By One Additional
Penny To Support The Enhancement And Expansion Of The Miami Beach Convention Center. 8)
Discussion Regarding Citywide Janitorial Services For An Amendment To Add The Following
Locations: Historic City Hall; Police Substation; North End Ocean Rescue Headquarters; And
Beachfront Restrooms; And Increasing The Contract, In The Amount Of $17,473.74 Per Month.
9) Discussion Regarding To A Retail Lease Agreement With Mr. R Sports, Inc. Involving Suites 1
Through 4 In The Anchor Shops, Located At 1550 Collins Avenue. 10) Discussion Regarding A
City Code Amendment To Establish The Position Of Condominium Ombudsman In The City Of
Miami Beach. 11) Discussion Of The Current Management And Operations Of The City Of Miami
Beach Golf Courses, Clubhouses And Related Facilities And Options/Direction For The Future
Management Agreement. 12) Discussion Regarding Assigning Funds For Placement Of A Fence
Around South Pointe Park Tot Lot Area. 13) Discussion On The Normandy Shores Park At Its
Existing Area Next To The Tennis Courts To Include A Vita Course Equipment, Trees, Benches
And An Open Area For Children To Run And Play And People To Sit And Enjoy The View. 14)
Discussion Regarding A Renewal Of The Current Management Agreement Between The City Of
Miami Beach And The Miami Beach Garden Conservancy For The Management And Operation
Of The Botanical Garden; As Well As A Proposal To Increase The Rental Rates For Use Of The
Facility.
ACTION:
Item No. 1: Discussion Regarding New Recycling Bins Throughout The ROW On The
Beach
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The Committee recommended that demo bins from GoGreen Eco-Bin, Big Belly Solar, and Coca-
Cola wrapped bin be placed in the City by the end of April 2012, that if possible a representative
be available to answer questions regarding the bind and that Staff research the cost of other bins
including maintenance.
Item No. 2: Discussion Regarding Amendments to the Recycling Ordinance
The Committee recommended approval of the recycling ordinance and referred the enforcement
specifics to be discussed at a later date.
City Clerk’s Note: See Item R5F
Item No. 3: Discussion Regarding Advertising On Deco Bike Stations, Its Economic Impact
To The City And The Enhancement Of The Deco Bike Program
The Committee recommended limiting the rate increase to $6 for an hour, adjusting the City’s
percent of revenue sharing; the 3% profit be subject to ordinary, normal, and customary charges
and limit discretionary items; and that Legal Department review the legal provisions.
Item No. 4: Request For Approval To Issue A Request For Qualifications (RFQ) For A
Fourth Solid Waste Franchise Contractor To Provide Commercial Waste Collections And
Disposal Services.
The Committee recommended bringing the item to the full Commission with no recommendation.
City Clerk’s Note: See item R7I
Item No. 5: Ordinance Amending Penalty Charges for Late Utility Bills
The Committee recommended adopting a penalty of 1.5% per month on the outstanding balance.
City Clerk’s Note: See item R5A
Item No. 6: Status Report And Update On Recent Building Department Accomplishments
And Activities, Including A Status Report On Implementation Of Recommendations In The
Watson Rice Study, The Development Review Process Stakeholder Committee, And Other
Recent Initiatives And Charges Undertaken By The Building Department
The Committee asked that the information regarding the hotline to report issues or concerns be
given before the May 17, 2012 F &CWP meeting.
Item No. 7: Discussion Regarding Placing A Referendum Item On The Next Available
Ballot To Increase The Miami Beach Resort Tax On Hotel Rooms By One Additional Penny
To Support The Enhancement And Expansion Of The Miami Beach Convention Center
The Committee recommended the item further, recommended that the proposed City Charter text
be amended to provide that the additional one percent tax, if approved, will not be imposed until
such time that the City enters into an agreement with a developer for the expansion, enlargement,
renovation, and/or improvement of the Convention Center.
City Clerk’s Note: See item R7G
Item No. 8: Discussion Regarding Citywide Janitorial Services For An Amendment To Add
The Following Locations: Historic City Hall; Police Substation; North End Ocean Rescue
Headquarters; And Beachfront Restrooms; And Increasing The Contract, In The Amount
Of $17,473.74 Per Month
The Committee recommended bringing the item to the full Commission and that Staff develop
specific quality standards and amend the hours that the beachfront restrooms are open.
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Item No. 9: Discussion Regarding To A Retail Lease Agreement With Mr. R Sports, Inc.
Involving Suites 1 Through 4 In The Anchor Shops, Located At 1550 Collins Avenue
The Committee recommended approving the proposed lease offer by Mr. R. Spots.
City Clerk’s Note: See RDA 1A
Item No. 10: Discussion Regarding A City Code Amendment To Establish The Position Of
Condominium Ombudsman In The City Of Miami Beach
The Committee recommended that the item be reviewed at the time when the FY 2012/13 budget
is discussed.
Item No. 11: Discussion Of The Current Management And Operations Of The City Of Miami
Beach Golf Courses, Clubhouses And Related Facilities And Options/Direction For The
Future Management Agreement
The Committee recommended that the item be reviewed at the time when the FY2012/13 budget
is discussed and extend the contract on a month to month if necessary.
Item No. 12: Discussion Regarding Assigning Funds For Placement Of A Fence Around
South Pointe Park Tot Lot Area
The Committee recommended that the item be reviewed at the time when the FY 2012/13 budget
is discussed.
City Clerk’s Note: This item should go to DRB on a preliminary review.
Item No. 13: Discussion On The Normandy Shores Park At Its Existing Area Next To The
Tennis Courts To Include A Vita Course Equipment, Trees, Benches And An Open Area
For Children To Run And Play And People To Sit And Enjoy The View
The Committee recommended that the item be reviewed at the time when the FY201213 budget
is discussed.
Item No. 14: Discussion Regarding A Renewal Of The Current Management Agreement
Between The City Of Miami Beach And The Miami Beach Garden Conservancy For The
Management And Operation Of The Botanical Garden; As Well As A Proposal To Increase
The Rental Rates For Use Of The Facility
The Committee recommended that the item be reviewed at the time when the FY201213 budget
is discussed.
City Clerk’s Note: Anna Parekh to handle.
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C7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit The
Following Applications: 1) Fiscal Year 2012 Edward Byrne Memorial Justice Assistance Grant
(JAG) Program For Funding In The Approximate Amount Of $62,236 For City’s Police
Department Priorities; 2) Florida Department Of State, Division Of Cultural Affairs, Culture Builds
Florida Program For Funding In The Approximate Amount Of $25,000 For Sleepless Night 2013;
And The Following Grant Contract Renewals: 3) Approval To Accept A Contract Renewal From
The Children’s Trust For The Early Childhood Development Program For Funding In The
Approximate Amount Of $150,000 For The City’s Parent-Child Program; 4) Approval To Accept A
Contract Renewal From The Children’s Trust For The Service Partnership Program For Funding
In The Approximate Amount Of $282,000 For The City’s Success University Program; 5)
Approval To Accept A Contract Renewal From The Children’s Trust For The Out-Of-School
Program For Funding In The Amount Of $309,180 For The City’s Afterschool And Summer
Programs; 6) Approval To Accept A Contract Renewal From The Children’s Trust For The Youth
Development Program For Funding In The Approximate Amount Of $124,061 For The City’s
Morning All Stars Program; Appropriating The Above Grants, Matching Funds And City Expenses
Related To The Above Projects As Necessary, If Approved And Accepted By The City, And
Authorizing The Execution Of All Documents Related To These Applications.
(Budget & Performance Improvement)
ACTION: Resolution 2012-27894 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. 19-11/12, To Provide Public
Information Services On Right-Of-Way And Facilities Construction Projects; Authorizing The
Administration To Enter Into Negotiations With The Three (3) Top-Ranked Proposers: Infinite
Source Communications Group, Quest Corporation Of America, Inc., And Media Relations Group,
LLC.; And Further Authorizing The Mayor And City Clerk To Execute Agreements Upon
Completion Of Successful Negotiations.
(Capital Improvement Projects/Procurement)
ACTION: Resolution 2012-27895 adopted. Fernando Vazquez to handle.
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8:12:00 p.m.
SUPPLEMENTAL MATERIAL 1: Resolution
C7C A Resolution Approving The Neighborhood/Community Affairs Committee’s Recommendation To
Implement A Pilot Food Truck Pilot Program To Take Place In North Beach.
(Economic Development)
ACTION: Item separated for discussion by Mayor Bower. Resolution 2012-27896 adopted.
Motion made by Commissioner Góngora; seconded by Commissioner Weithorn; Voice vote: 4-1;
Opposed: Mayor Bower; Absent: Vice-Mayor Libbin and Commissioner Wolfson. Max Sklar to
handle.
Mayor Bower asked if the City is requiring for-profit vendors to pay the same fees as any other
non for-profit vendors.
Discussion held.
Hilda Fernandez, Assistant City Manager, explained that according to the direction given, they
are requiring the Food Trucks to cover the expenses of sanitation and security for their area, and
to provide restrooms. Normally, the City would ask them to apply for a special event permit;
however, the direction given was for the City to develop an event to be produced in the Bandshell
and allow local businesses to participate. In answering Mayor Bower’s questions, Ms. Fernandez
added that anyone coming forward to ask to hold an event is required to have a special event
permit and follow rules and requirements. This event was discussed at committee by
Commissioners Góngora and Tobin, and for the pilot program, they are not required to pay any
percentage of their sales and they were not asked to have a special event permit. The City will
establish how many security guards are needed for the area and the City will pay for security for
the Bandshell for the City’s portion of the special event.
Discussion continued.
Commissioner Góngora explained that Commissioner Tobin and he had referred this item to the
Neighborhood/Community Affairs Committee, and after discussion, recommended for the City to
sponsor and host this event to help the blighted area of North Beach.
Discussion held.
Commissioner Weithorn clarified that the origin of this referral came about when it was decided to
no longer fund the Art Festival, and these funds should go towards other events in North Beach.
Discussion continued.
Mayor Bower stated that the taxpayers of Miami Beach should not pay for anything that is for a
for-profit entity.
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8:25:36 p.m.
C7D A Resolution Approving A Preconstruction Application For Historic Ad Valorem Tax Exemption
For A Single-Family Property At 1815 Michigan Avenue, And Authorizing The Miami-Dade
County Property Appraiser’s Office To Grant This Tax Exemption For The City’s Portion Of Ad
Valorem Property Taxes For Qualifying Improvements To The Subject Property Following
Substantial Completion Of The Project And Compliance With Certain Conditions.
(Planning Department)
ACTION: Item separated for discussion by Mayor Bower. Resolution 2012-27897 adopted.
Motion made by Commissioner Weithorn; seconded by Commissioner Tobin; Voice vote: 5-0;
Absent: Vice-Mayor Libbin and Commissioner Wolfson. Richard Lorber to handle.
Richard Kendle, Property Tax Attorney, spoke on items C7D and C7E. Mr. Kendle explained the
program and stated this is a legacy of Jorge Gonzalez, City Manager. The program was intended
for homeowners that repair or make additions to their homes to maintain their historic value.
Those improvements would be exempt from taxes for ten years. He asked for the standard
operating procedure, guideline and accountability for this process that was promised two years
ago, and have not had follow-up. He further asked for the cost of the program.
Discussion held.
William Cary, Assistant Director, Planning Department, gave an overview of the cost of the
program and explained that the amount of improvements that qualify for the Ad Valorem Tax
Abatement Exemption is determined by the County Tax Appraiser and the City uses the formula
that is provided by the Tax Appraiser. This issue was discussed at Land Use and Development
Committee and recommendations were approved. The property Mr. Kendle is referring to is one
of five surviving Coral Rock houses left in the City and a special exemption was made.
Discussion continued.
Richard Kendle offered to work with the Historic Preservation Board and explained the issues.
Discussion continued.
Mayor Bower requested that the public be informed that this tax abatement exists, and also
informed of the process when they come to obtain a permit, and that the property is in a historic
designated area. Richard Lorber to handle.
Discussion continued.
Commissioner Tobin suggested Richard Kendle to work together with the Planning Department
staff to resolve this issue. Richard Lorber to handle.
Dominique Bailleul spoke.
Handout or Reference Materials:
1. Speakers list
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C7E A Resolution Approving A Preconstruction Application For Historic Ad Valorem Tax Exemption
For A Single-Family Property At 4245 North Meridian Avenue, And Authorizing The Miami-Dade
County Property Appraiser’s Office To Grant This Tax Exemption For The City’s Portion Of Ad
Valorem Property Taxes For Qualifying Improvements To The Subject Property Following
Substantial Completion Of The Project And Compliance With Certain Conditions.
(Planning Department)
ACTION: Item separated for discussion by Mayor Bower. Resolution 2012-27898 adopted.
Motion made by Commissioner Weithorn; seconded by Commissioner Tobin; Voice vote: 5-0;
Absent: Vice-Mayor Libbin and Commissioner Wolfson. Richard Lorber to handle.
See Mr. Kendle’s comment on Item C7D.
Handout or Reference Materials:
1. Speakers list
8:42:05 p.m.
C7F A Resolution Approving And Authorizing The City Manager To Execute Various Locally Funded
Agreements And Memoranda Of Agreements, In Substantially The Attached Form, With The
Florida Department Of Transportation, For Construction And Maintenance Of Off-System
Drainage Improvements; And For Construction And Maintenance Of Landscape, Irrigation And
Bonded Aggregate Paving, As Part Of FDOT’s State Road 907/Alton Road Project From 5th
Street To Michigan Ave With Funding In The Amount Of $125,000.
(Public Works)
ACTION: Item separated for discussion by Commissioner Tobin. Resolution 2012-27899
adopted. Motion made by Commissioner Exposito; seconded by Commissioner Tobin; Voice
vote; 5-0; Absent: Vice-Mayor Libbin and Commissioner Wolfson. Fred Beckmann to handle.
Commissioner Tobin requested Fred Beckmann to keep an eye on this project.
Fred Beckmann, Public Works Director, explained the project is moving forward.
Discussion held.
Commissioner Tobin stated that this is an important corridor with the potential of something
happening and requested the Administration to keep an eye on this project and asked if there
needs to be another charette. Fred Beckmann to handle.
Mayor Bower asked about the status of the pipe across government cut.
Fred Beckmann, Public Works Director, explained that the project is going forward and the pipe is
going through the park since that is the only option available. He stated that the Apoge made an
offer to Miami-Dade County and the County did not accept it.
Discussion continued.
Mayor Bower asked Mr. Beckman to find out what the offer was so she can include it on her
newsletter. She would like to inform the citizens that the park is being torn because the Apoge
option is not possible. Fred Beckmann to handle.
Fred Beckmann, Public Works Director, stated that the Miami-Dade County offered the Apoge $1
million and the Apoge did not accept it.
Handout or Reference Materials:
1. Speakers list
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C7G A Resolution Setting A Public Hearing For The June 6, 2012, City Commission Meeting, To
Consider Granting A Revocable Permit To Marriott Seville, As The Owner Of The Property
Located At 1901 Collins Avenue, To Allow For Decorative Eyebrows To Extend 3 Feet Into And
97 Feet Radially Along The Public Right-Of-Way Of 29th Street And To Extend 3 Feet Into And
354 Feet Along The Public Right-Of-Way Of 30th Street.
(Public Works)
(Memorandum & Resolution to be Submitted in Supplemental)
ACTION: Item withdrawn.
SUPPLEMENTAL MATERIAL 1:Memorandum & Resolution
C7H A Resolution Setting A Public Hearing At Its June 6, 2012 Meeting To Consider Granting A
Revocable Permit For CG Tides, LLC, CG Tides Village, LLC, CG Tides Village I, LLC And CG
Tides Village II, LLC; Owners Of The Properties Located At 1220 Ocean Drive And 1201, 1221
And 1225 Collins Avenue, For A Proposed Elevated, Covered Pedestrian Bridge That Spans The
20’ Public Right-Of-Way Of Ocean Court For A Width Of 9’1” With A Minimum Vertical Height Of
15’ Above Ocean Court.
(Public Works)
(Memorandum & Resolution to be Submitted in Supplemental)
ACTION: Resolution No. 2012-27900 adopted. R. Granado to notice. Lilia Cardillo to place on
the June 6, 2012 Commission Agenda. Fred Beckmann to handle.
Handout or Reference Materials:
1. List of Consent Items separated or withdrawn.
2. Roll Call Record
End of Consent Agenda
REGULAR AGENDA
R5 - Ordinances
12:55:30 p.m.
R5A An Ordinance Amending Chapter 110 Of The City Code, Entitled “Utilities,” By Amending Article
IV, Entitled “Fees, Charges, Rates And Billing Procedure,” By Amending Division 3, Entitled
“Billing Procedure,” By Amending Section 110-191, Entitled “Payment Of Bills,” By Amending
110-191(B) By Changing The Penalty For Late Utility Bills From Ten Percent Of The Current Bill
To 1.5% Per Month Of The Late Outstanding Balance; Providing For Repealer, Severability,
Codification And Effective Date. 10:15 a.m. Second Reading Public Hearing
(Requested by Commissioner Jonah Wolfson)
(Legislative Tracking: Finance Department)
(Continued from March 21, 2012/Referred to FCWPC)
ACTION: Title of the ordinance read into the record. Public Hearing held. Ordinance No.
2012-3765 adopted. Motion made by Commissioner Wolfson to approve the ordinance;
seconded by Commissioner Weithorn; Ballot vote: 6-0: Absent: Mayor Bower. R. Granado to
transmit to Municipal Code. Patricia Walker to handle.
Commissioner Wolfson explained the item.
Handout or Reference Materials:
1. Ballot vote
City Clerk’s Note: See C6D Item 5
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R5B An Ordinance Amending Chapter 82, Of The Code Of The City Of Miami Beach, Entitled “Public
Property,” By Amending Article VI, Entitled “Naming Of Public Facilities And Establishment Of
Monuments Or Memorials,” By Amending Section 82-504, Entitled “Monuments Or Memorials,”
By Adding Criteria To Provide That: A) Only The Mayor Or Member Of The City Commission May
Propose The Establishment Of A Monument Or Memorial; B) That The Mayor And City
Commissioners Shall Each Be Limited To Proposing The Establishment Of One Monument Or
Memorial Per Term Of Elected Office; C) Any Person To Be Recognized By The Establishment
Of A Monument Or Memorial Must Be In Good Standing In The Community And If, After The
Honor Is Bestowed, The Person Is Convicted Or Adjudicated Guilty Of A Felony, The Name Of
The Person Shall Be Removed From Such Monument Or Memorial Or The Memorial Itself May
Be Removed, Without Resulting Liability To The City; And Providing For Repealer, Severability,
Codification, And An Effective Date. 11:00 a.m. Second Reading Public Hearing
(Requested by the Neighborhood/Community Affairs Committee)
(Legislative Tracking: Parks & Recreation)
(First Reading on March 21, 2012/Referred to NCAC)
ACTION: Title of the ordinance read into the record. Public Hearing held. Motion by Vice-
Mayor Libbin to open and continue the item and refer to the Neighborhood/Community Affairs
Committee keeping the scope the same and to bring back to Commission July 18, 2012. Ballot
vote: 7-0. Lilia Cardillo to place on the Commission Agenda. Barbara Hawayek to place on the
committee agenda. Kevin Smith to handle.
Gail Durham spoke.
Motion made by Commissioner Tobin to refer the item to the Neighborhood/Community Affairs
Committee. No second offered.
Discussion held.
Hilda Fernandez, Assistant City Manager, explained the item and discussion continued.
Commissioner Weithorn asked for a legal opinion in regards to the item coming back as First
Reading if sent back for discussion to Neighborhood/Community Affairs Committee.
Jose Smith, City Attorney, stated that if at committee members agree to include buildings and
other facilities, the ordinance may have to come back as a First Reading.
Discussion continued.
Commissioner Exposito suggested adding language regarding maintenance and upkeep of
monuments and perhaps establish a fund for that purpose.
Motion No. I
Motion made by Vice-Mayor Libbin to approve the ordinance; seconded by Commissioner Tobin.
Ballot vote: 4-3; Opposed; Commissioners Exposito, Góngora and Wolfson. Discussion
continued and Commissioners Weithorn and Tobin changed their vote to “no,” and recommended
sending the item back to committee. Vice-Mayor Libbin later also withdrew his motion.
Hilda Fernandez, Assistant City Manager, explained that it is the Commission’s discretion to
include funding for upkeep and responsibility.
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FINAL MOTION
Motion by Vice-Mayor Libbin to open and continue the item and refer to the
Neighborhood/Community Affairs Committee keeping the scope the same and to bring
back to Commission July 18, 2012. Ballot vote: 7-0.
Handout or Reference Materials:
1. Ballot vote
1:27:58 p.m.
R5C 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. 11:05 a.m. Second
Reading Public Hearing
(Requested by Commissioner Edward L. Tobin)
(Legislative Tracking: Planning Department)
(First Reading on April 11, 2012)
ACTION: Title of the ordinance read into the record. Public Hearing held. Ordinance No.
2012-3766 adopted. Motion made by Commissioner Góngora to approve the ordinance;
seconded by Commissioner Weithorn; Ballot vote: 7-0. R. Granado to transmit to Municipal
Code. Richard Lorber to handle.
Handouts and Reference Materials:
1. Ad in The Miami Herald – Ad #701
2. Ballot vote
1:29:54 p.m.
R5D 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. 11:10 a.m. Second
Reading Public Hearing
(Requested By Vice-Mayor Jerry Libbin)
(Legislative Tracking: Planning Department)
(First Reading on April 11, 2012)
ACTION: Title of the ordinance read into the record. Public Hearing held. Ordinance No.
2012-3767 adopted. Motion made by Vice-Mayor Libbin to approve the ordinance; seconded by
Commissioner Tobin; Ballot vote: 7-0. R. Granado to transmit to Municipal Code. Richard Lorber
to handle.
Handouts and Reference Materials:
1. Ad in The Miami Herald – Ad #701
2. Ballot vote
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R5E 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. 11:30 a.m. Second Reading Public Hearing
(Requested by the Neighborhood/Community Affairs Committee)
(Legislative Tracking: Tourism & Cultural Development)
(First Reading on April 11, 2012)
ACTION: Title of the ordinance read into the record. Item heard in conjunction with R7D.
Public Hearing held. Item opened and continued and referred to the Neighborhood/
Community Affairs Committee. Motion made by Commissioner Góngora to open and continue
and refer to committee; seconded by Commissioner Weithorn; Voice vote: 7-0. Lilia Cardillo to
place on the July 18, 2012 Commission Agenda. Barbara Hawayek to place on the committee
agenda.
Handouts and Reference Materials:
1. Ad in The Miami Herald – Ad #701
2. Ballot vote
1:31:05 p.m.
R5F Recycling Ordinance
An Ordinance Amending Chapter 90 Of The Miami Beach City Code, Entitled “Solid Waste,” By
Amending The Definitions In Article I, Entitled “In General,” By Amending Section 90-2, Entitled
“Definitions”; By Amending Article II, Entitled “Administration” By Amending The Penalties For
Solid Waste Violations And To Provide Provisions And Penalties Relative To Recycling For
Multifamily Residences And Commercial Establishments; By Creating Article V, To Be Entitled
“Citywide Recycling Program For Multifamily Residences And Commercial Establishments,” To
Provide Provisions For Recycling Requirements And Enforcement, A Public Education Program,
A Warning Period, An Enforcement Date, Requirements For Recycling Contractors, Penalties,
And Special Master Appeal Procedures; Providing For Repealer, Severability, Codification, And
An Effective Date. First Reading
(Requested by Commissioner Jonah Wolfson)
(Legislative Tracking: Public Works)
(Continued from March 21, 2012/Referred to FCWPC)
ACTION: Title of the ordinance read into the record. Ordinance approved on first reading
and referred to the Sustainability Committee. Motion made by Commissioner Góngora to
approve the ordinance; seconded by Vice-Mayor Libbin; Ballot vote: 5-2; Opossed: Mayor Bower
and Commissioner Tobin. Second Reading and Public Hearing scheduled for June 6, 2012. R.
Granado to notice. Lilia Cardillo to place on the Commission Agenda. Fred Beckmann to place
on the Sustainability Committee agenda. Hilda Fernandez to handle.
Fred Beckmann, Public Works Department Director, introduced the item.
Discussion held.
Commissioner Góngora explained that at last month’s Finance and Citywide Projects Committee
members agreed to water down the ordinance by mirroring Miami-Dade County’s ordinance,
which requires more establishments, including condominium associations, to offer some sort of
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recycling; and will not enforce if recycling is being done correctly or if residents are sifting through
recyclable items for waste. The time has come for the City to have an ordinance to require
commercial establishments and condo associations to offer some level of recycling to all the
people that would like to do it. He is in support of the ordinance.
Discussion continued.
Raul Aguila, Deputy City Attorney, explained the County’s recycling ordinance and stated the
benefits of having the City’s own recycling ordinance. This is basically requiring commercial
establishments and multi-family residences with more than eight (8) units to have a program.
Discussion held.
Commissioner Tobin stated, for the record, that he will vote for this if the number of dwelling units
is increased from 9 to 15 units, and secondly if this Commission comes up with a method to
encourage people to recycle, and bring forward in the next few months.
Raul Aguila. Deputy City Attorney, stated that legally, increasing the number of dwelling units to
define multi-family residents, that is going to affect the entire solid waste ordinance, including the
solid waste franchise pickups, because that’s the definition existing in the solid waste ordinance,
and that may have unintended consequences.
Motion made by Commissioner Góngora to move forward with the ordinance and refer to
Sustainability Committee; seconded by Vice-Mayor Libbin; Ballot vote: 5-2. Opposed: Mayor
Bower and Commissioner Tobin.
Handout or Reference Materials:
1. Ballot vote
1:47:55 p.m.
R5G An Ordinance Amending The Land Development Regulations Of The City Code, Chapter 118,
"Administration And Review Procedures," By Creating A New Article XII, "Maintenance And
Security Bonds,” Establishing Definitions And Requirements For Property Owners Applying For
Development Review Approval For Substantial Construction Work To Ensure That Their
Properties Are Properly Maintained And Secured Until Completion Of Work; Providing For
Codification, Repealer, Severability, And An Effective Date. First Reading
(Requested by Commissioner Edward L. Tobin)
(Legislative Tracking: Planning Department)
ACTION: Title of the ordinance read into the record. Ordinance approved on first reading.
Motion made by Commissioner Tobin to approve the ordinance; seconded by Commissioner
Exposito; Ballot vote: 5-2; Opposed: Vice-Mayor Libbin and Commissioner Tobin. Second
Reading and Public Hearing scheduled for June 6, 2012 at 10:30 a.m. R. Granado to notice.
Lilia Cardillo to place on the Commission Agenda. Richard Lorber to handle.
William Cary, Assistant Planning Department Director, introduced the item.
Handout or Reference Materials:
1. Ballot vote
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R5H An Ordinance Amending Chapter 70 Of The Miami Beach City Code Entitled “Miscellaneous
Offenses,” By Amending Article II, Entitled “Public Places”; By Amending Division II, Entitled
“Bicycling, Skateboarding, Roller Skating, In-Line Skating, And Motorized Means Of
Transportation,” By Amending Section 70-66, Entitled “Definitions,” By Adding A Definition For
Bicycle Path; And By Amending Section 70-67, Entitled “Prohibited Activities,” By Amending The
Prohibitions Regarding Motorized Means Of Transportation, Including Electric Personal Assistive
Devices (Also Known As Segways), By Rewording The Provisions Therein And Conforming The
Language To State Law; By Restricting The Speed Of Electric Personal Assistive Devices To Six
(6) MPH On All City Sidewalks, Sidewalk Areas, And Bicycle Paths; And By Prohibiting The
Operation Of Electronic Personal Assistive Mobility Devices On Interior Pathways Within South
Pointe Park And Collins Park; By Amending Section 70-68, Entitled “Exemptions,” By Exempting
The Use Of Electric Personal Assistive Mobility Devices By City Police And City Contracted
Services From The Restrictions Of Division II; By Amending Section 70-69, Entitled
“Responsibilities Of Bicyclists And Skaters,” By Adding Responsibilities For Persons Operating
Electric Personal Assistive Mobility Devices; By Amending Section 70-70, Entitled “Penalties,” To
Provide For Responsibilities Of Businesses Providing Rentals And Tours Of Electric Personal
Assistive Mobility Devices; By Creating Section 70-71, To Be Entitled “Penalties” To Provide Civil
Penalties In Addition To Existing Non-Criminal Infraction Penalties For The Violation Of Certain
Provisions In Chapter 70, Article II, Division II; Providing For Repealer; Severability; Codification;
And An Effective Date. First Reading
(Requested by Commissioner Deede Weithorn)
(Legislative Tracking: Public Works)
ACTION: Title of the ordinance read into the record. Ordinance approved on first reading
as amended. Motion made by Commissioner Weithorn to approve the ordinance; seconded by
Commissioner Góngora; Ballot vote: 7-0. Second Reading and Public Hearing scheduled for
June 6, 2012 at 10:35 a.m. R. Granado to notice. Lilia Cardillo to place on the Commission
Agenda. Fred Beckmann to handle.
Amendment:
Section 70-70 - add language “acceptable to the City Attorney, releasing and holding the City of
Miami Beach harmless”
End
Fred Beckmann, Public Works Director, introduced the item.
Jose Smith, City Attorney, stated that there are additional provisions in the ordinance having to do
with liability and insurance requirement for segway operators. In Section 70-70(d) which reads
“obtain a release of liability and hold harmless agreement” he suggested adding language that
reads “acceptable to the City Attorney, releasing and holding the City of Miami Beach harmless,”
to ensure that if the City is sued that the City is held harmless for potential liability.
Handout or Reference Materials:
1. Ballot vote
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R7 - Resolutions
12:57:49 p.m.
R7A A Resolution Setting Forth An Order [Granting Or Denying] An Appeal Request Filed By The City
Manager Of The City Of Miami Beach, On Behalf Of The City Administration, Pertaining To A
Decision Of The Design Review Board (“DRB”) For The Property Located At 1 Washington
Avenue - South Pointe Park (File No. 22894). 10:20 a.m. Public Hearing
(Parks & Recreation/City Attorney’s Office)
ACTION: Public Hearing held. Item opened and continued to the June 6, 2012
Commission Meeting. Motion made by Vice-Mayor Libbin to continue the consideration of
reversing the DRB Appeal to the June 6, 2012 Commission Meeting; seconded by Commissioner
Exposito; Voice vote 6-1; Opposed: Commissioner Wolfson. Lilia Cardillo to place on the
Commission Agenda. City Attorney’s Office and Kevin Smith to handle.
Hilda Fernandez, Assistant City Manager, introduced the item.
Gary Held, First Assistant City Attorney, stated that this is not a public hearing, but a hearing in
front of the public, and he is there to speak on behalf of the Design Review Board and explained
the item.
Motion No. I
Motion made by Vice-Mayor Libbin to grant the appeal filed by the City Manager on the basis that
there was no substantial competent evidence on record to support the DRB decision; the decision
by the DRB is modified to remove the condition prohibiting the hedge; use of such hedge is
approved subject to the condition contained in staff report, which provides that “shall be installed
in substantial accordance to the plans submitted, and should be maintained at a maximum height
of 24 inches subject to review and approval of staff;” seconded by Commissioner Exposito.
Commissioner Góngora explained that he is not prepared to support this today; there has been a
lot of discussion on this issue. The discussion today is whether the area where the off-leash pilot
program needs to be hedged in with shrubbery. He read the DRB recommendation and William
Cary’s testimony, and he is not going to support overruling the DRB decision.
Discussion continued.
Motion made by Vice-Mayor Libbin; seconded by Commissioner Exposito; Voice vote 4-3;
Opposed: Commissioners Góngora, Weithorn and Wolfson, Motion failed.
Gary Held, First Assistant City Attorney, asked for a point of order, and explained that this item
requires a 5/7 vote.
Discussion continued.
Motion made by Commissioner Weithorn to reconsider; seconded by Vice-Mayor Libbin. Voice
vote: 7-0.
Discussion held.
Commissioner Góngora explained that one issue is a successful off-leash program that has been
working for 18 months with no hedge; and another issue is the planting of the hedge forced on
the people on the South of Fifth area, and the two items are separate.
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Discussion continued.
Commissioner Góngora requested a complete report from Administration to see if there have
been any problems over the past 18 months. Kevin Smith to handle.
Mayor Bower suggested noticing those residents with no pets or children, to get their feedback as
well. Kevin Smith to handle.
FINAL MOTION:
Motion made by Vice-Mayor Libbin to continue the consideration of reversing the DRB Appeal to
the June 6, 2012 Commission Meeting; seconded by Commissioner Exposito; Voice vote 6-1;
Opposed: Commissioner Wolfson.
Handout or Reference Materials:
1. Ad in The Miami Herald AD # 698
2. Binder containing verbatim transcript of proceedings, subject to appeal, and written statement by the
City Manager; from Rafael E. Granado, City Clerk, to Mayor Matti Herrera Bower and Members of the
City Commission, dated April 25, 2012 RE: DESIGN REVIEW BOARD APPEAL – 1 Washington
Avenue – South Pointe Park.
3. Roll call vote
4. Ballot vote
12:53:57 p.m.
SUPPLEMENTAL MATERIAL 1: Memorandum & Resolution
R7B A Resolution Granting A Revocable Permit To Bay Road Outparcel Partners, LLC, As The Owner
Of The Property Located At 1916 Bay Road, To Allow For A Decorative Metal Eyebrow To
Extend 4 Feet Into And 48 Feet Along The Public Right-Of-Way, And A Minimum Of 11.5 Feet
Above The Sidewalk. 11:15 a.m. Public Hearing
(Public Works)
(Memorandum & Resolution to be Submitted in Supplemental)
ACTION: Title of the Resolution read into the record. Public Hearing held. Item opened
and continued to June 6, 2012. Motion made by Commissioner Weithorn; seconded by
Commissioner Góngora; Voice vote: 7-0. Lilia Cardillo to place on the Commission Agenda. City
Attorney’s Office and Kevin Smith to handle.
Rafael E. Granado, City Clerk, announced that the petitioner requested that this item be deferred.
Handout or Reference Materials:
1. Ad in The Miami Herald AD # 700
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5:19:38 p.m.
R7C 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)
(Deferred from April 11, 2012)
ACTION: Item not approved. Motion made by Vice-Mayor Libbin to direct Legal Department to
draft an ordinance creating a seven (7) member stand-alone Tennis Committee, as direct
appointments by each member of the City Commission, and bring back at the July 18, 2012
Commission Meeting; seconded by Commissioner Góngora. Voice vote: 6-0; Absent:
Commissioner Wolfson. City Attorney’s Office to handle.
Commissioner Góngora stated that he originally introduced the concept of an Ad Hoc Tennis
Committee in the Flamingo Park Tennis Construction project to provide some oversight,
specifically from tennis players, and it has been delayed for quite some time. He is happy to
move this item forward. He added that the committee members decided to have it as a sunsetted
committee to give opinions during the construction process. There is one thing he did not agree
with when the item came back from Neighborhood/Community Affairs Committee; as it had
always been his vision that the ad hoc was to be an advisory committee to the City Administration
and the City Commission, and the way the committee is now set up is basically as a
subcommittee under Parks and Recreation; and that is not what he intended.
Discussion held.
Motion made by Commissioner Góngora to approve the item amending the language making the
Ad Hoc Committee a standing committee with the sunset date when construction is completed.
Vice-Mayor Libbin explained that he will support the item, but he was in support of a Tennis
Committee, which is what the residents really want.
Commissioner Tobin agreed with Vice-Mayor Libbin regarding a Tennis Committee and
Commissioner Góngora withdrew his motion.
MOTION
Motion made by Vice-Mayor Libbin to direct Legal Department to draft an ordinance for first
reading, creating a seven (7) member stand-alone Tennis Committee, as direct appointments by
each member of the City Commission, and bring back at the July 18, 2012 Commission Meeting;
seconded by Commissioner Góngora. Voice vote: 6-0; Absent: Commissioner Wolfson. City
Attorney’s Office to handle.
City Clerk’s Note: During discussion on this item, reference was made that a “resolution” should be
drafted by the Legal Department. However, the proper methodology for creating a stand-alone Tennis
Committee is through an ordinance, and the record has been corrected to reflect the proper procedure.
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R7D A Resolution Revising The “Special Events Requirements And Guidelines,” By Amending The
Following Sections: “Application Procedure,” “Weddings And Ceremonies,” “Product Promotion/
Temporary Sampling”, “Minimum Requirements,” “Internal Review Procedure,” “External Review
Procedure,” “Vehicle Access Policy,” “Booking Policy,” “Concession Agreements,” “Use Of Public
Property,” “Enforcement And Penalties;” And Further Amending The Special Event Fee Schedule,
And Hereby Permitting And Restricting Further Uses On Public Property.
(Tourism & Cultural Development)
ACTION: Item heard in conjunction with R5E. Item deferred and referred to the
Neighborhood/Community Affairs Committee. Motion made by Vice-Mayor Libbin; seconded
by Commissioner Weithorn; Voice vote: 7-0. Lilia Cardillo to place on the July 18, 2012
Commission Agenda. Barbara Hawayek to place on the committee agenda. Max Sklar to
handle.
Correction made and distributed.
Handout or Reference Materials:
1. Supplemental Material 2 – Item R7D, Revised Special Events Requirements and Guidelines” with
Corrections made to Page 12, Sec. II, 1a, line 2.
5:15:48 p.m.
R7E A Resolution Amending Resolution No. 2012-27888 And Appointing Victor Diaz 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. 2012-27901 adopted. Motion made by Vice-Mayor Libbin to ratify
Victor Diaz as representative of the City to the Miami-Dade County Charter Review Board;
seconded by Commissioner Exposito; Voice vote: 4-2. Opposed: Commissioners Tobin and
Weithorn. Absent: Commissioner Wolfson. City Attorney’s Office to handle. City Clerk’s Office
to transmit to Miami-Dade County.
Commissioner Tobin stated he would have liked to nominate Commissioner Deede Weithorn to
the Charter Review and explained his reasons.
Motion made by Commissioner Góngora to reconsider the motion.
Discussion held and Commissioner Góngora retracted his motion to reconsider.
FINAL MOTION:
Motion made by Vice-Mayor Libbin to appoint Victor Diaz to the Charter Review Board as
representative of the City; seconded by Commissioner Exposito; Voice vote: 4-2. Opposed:
Commissioners Tobin and Weithorn. Absent: Commissioner Wolfson.
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R7F Resolutions Calling For A Special Election
1. A Resolution Calling For A August 14, 2012 Special Election, For The Purpose Of
Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether
The Miami Beach City Charter Should Be Amended To Require That, After August 15,
2012, Before Becoming Effective, Any Change To Chapter 118, Article II, Division 4 Of
The City Code (“Historic Preservation Board”), Or To Chapter 118, Article X, Divisions 1-
4 (“Historic Preservation”), That 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?
ACTION: Item deferred and referred to the Land Use and Development Committee.
Motion made by Commissioner Weithorn; seconded by Commissioner Góngora; Voice
vote: 7-0. Richard Lorber to handle.
2. A Resolution Calling For A August 14, 2012 Special Election, For The Purpose Of
Submitting To The Electorate Of The City Of Miami Beach A Question Asking Whether
Miami Beach City Charter Section 1.03 Should Be Amended To Require That, After
August 15, 2012, And Before Becoming Effective, Any Change To The City’s Land
Development Regulations That Allows Increased Maximum Building Heights In Local
Historic Districts Shall First Be Approved By A Majority Of Voters In A Citywide Election?
(Requested By Mayor Matti Herrera Bower)
(Legislative Tracking: City Attorney’s Office)
ACTION: Item deferred and referred to the Land Use and Development Committee.
Motion made by Commissioner Weithorn; seconded by Commissioner Góngora; Voice
vote: 7-0. Richard Lorber to handle.
Mayor Bower stated that there was a misunderstanding; she does not want these two
ballot questions in the August 14, 2012 special election. Instead, she wants the questions
in the November 6, 2012 election; as there are more people anticipated to vote in the
November election. In the summer, in August, many people are out of town. Mayor Bower
requested deferring this item to next meeting.
Commissioner Weithorn agreed with deferring the item, as she had some very specific
detailed legal questions and it needs to go back. The item is just not ready. She
requested to be notified as to when this item goes to committee, as she has some specific
question. Richard Lorber to handle.
Handout or Reference Materials:
1. Speakers list
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R7G A Resolution Calling For An August 14, 2012 Special Election, For The Purpose Of Submitting To
The Electorate Of The City Of Miami Beach A Question Asking Whether Section 5.03 Of The
Miami Beach City Charter Should Be Amended To Increase, By One Percent (1%), The Resort
Tax On Room Rent, With Such Increase To Be Used Solely For Purposes Of Expanding,
Enlarging, Renovating, And/Or Improving The Miami Beach Convention Center, Including The
Payment Of Debt Service Related Thereto?
(Requested by Mayor Matti Herrera Bower)
(Legislative Tracking: City Attorney’s Office)
ACTION: Resolution No. 2012-27902 adopted as amended. Motion made by Vice-Mayor
Libbin; seconded by Commissioner Góngora; Voice vote: 7-0. R. Granado and R. Aguila to
handle.
Amendment:
• Substitute the word “authorize” with “allow”…for an increase of 1% of resort tax on room
rents Change the language from one cent to up to one cent
• Add language stating that any excess funds would be placed in a Capital Replacement
Fund to be used for improvements to the Convention Center.
FINAL QUESTION
SHALL SECTION 5.03 OF THE CHARTER BE AMENDED TO ALLOW THE COMMISSION TO
INCREASE, UP TO ONE PERCENT, THE RESORT TAX ON ROOM RENT, TO EXPAND,
ENLARGE, RENOVATE, AND/OR IMPROVE THE CONVENTION CENTER, INCLUDING
PAYMENT OF DEBT SERVICE RELATED THERETO, AND PROVIDING THAT THE EXCESS
OF SUCH ADDITIONAL TAX BE USED, AFTER PROVIDING FOR PAYMENT OF ANNUAL
DEBT SERVICE AND RELATED OBLIGATIONS, TO ESTABLISH A CAPITAL RENEWAL AND
REPLACEMENT FUND FOR THE CENTER?
End
William Talbert, President of the Greater Miami Convention & Visitors Bureau, spoke. The issue
of an additional one percent (1%) resort tax on room rent, which will be paid by tourists when the
Convention Center project proceeds, will signal to the “convention community” that Miami Beach
is serious about improving and enhancing the Miami Beach Convention Center. Mr. Talbert is
supportive of the additional bed tax.
Mr. Prescott spoke in support of the additional bed tax.
Stu Blumberg, Chairman of the Miami Beach Convention Center Advisory Board, spoke.
Mayor Bower explained that this item is asking the residents of Miami Beach if they would like to
issue an additional penny tax on, mostly tourist, that go to hotels. This tax is not applicable to
restaurants, it is a resort tax.
Stu Blumberg, Chairman of the Miami Beach Convention Center Advisory Board, explained that
this increase is necessary to move the Convention Center project along. Mr. Blumberg is
concerned that after the Convention Center is built that the capital improvements of this building
are protected. Mr. Blumberg suggested that additional language be added to this ballot question
to protect the building by including language that any excess money that is collected by the 1%
resort tax after the debt is paid, be placed in a capital reserve fund for renewal and replacement.
Mr. Blumberg wants to the Commission to consider such additional language to protect the future
of the building.
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Raul Aguila, Deputy City Attorney, explained that the issue that came up in Finance and Citywide
Projects Committee is “can this 1% tax also be used to fund the maintenance and upkeep of the
building once completed?” This question, the answer to which he confirmed with the City’s bond
council, is that maintenance of the building has been traditionally budgeted by the City as a
Capital Expense; therefore, under the current language the use of such money for maintenance
would be allowed. What Mr. Blumberg is saying is, notwithstanding the City’s right to utilize the
fund for maintenance, the Commission should add additional language to the question that says
not only will this penny be used for the enlargement, improvement and renovation of Convention
Center, but that after payment of annual debt service, any excess fund will be used exclusively
toward capital maintenance of the Convention Center. Mr. Aguila explained that this could be
done, but he would have to add additional language to the question if the Commission wants to
add such a provision. Additional language, if wanted, would state that any excess funds would be
placed in a Capital Replacement Fund to be used for improvements to the Convention Center.
Mayor Bower asked if this is passed, how do they ensure that Miami-Dade County will not take
these funds for something else. She wants to make sure there is no leakage. Money is to be
used exclusively for Miami Beach.
Raul Aguila, Deputy City Attorney, explained that the Miami Beach Resort Tax can only be
utilized by Miami Beach, for usage that Miami Beach wants, as long as it is consistent with the
Resort Tax Statute.
Mayor Bower inquired of the Commission if they wish to consider adding the language suggested
by Mr. Blumberg, creating the special fund for capital replacements. However, before they answer
the question, the Mayor would like Mr. Aguila to explain what other uses can the City utilize the
excess funds collected after the debt is paid?
Raul Aguila, Deputy City Attorney, explained that Resort Tax money must be used in accordance
with Florida law, for capital and non-capital expenditures, as long as it is for the promotion of
tourism. The money can also be used for promotional purposes, like it was done in 1992.
Jorge Gonzalez, City Manager, explained that in 1992, the last time this was done, it was a 50%
split. Fifty percent (50%) went to building the Lowes, the other 50% went to quality of life, the
arts, and resort eligible expenses; the City has some flexibility. If they adopt Mr. Blumberg’s
suggestion, it would be limited to capital expense on the Convention Center.
Discussion held.
Stu Blumberg, Chairman of the Miami Beach Convention Center Advisory Board, stated that
municipal resort tax can only be used by Miami Beach. No one can touch this municipal resort
tax.
Discussion continued.
Commissioner Weithorn stated that her concern regarding Mr. Blumberg’s proposal, is that it will
force the City to spend the money each year. With a Capital fund, it can perhaps be saved to do
something bigger in the future, which she favors.
Commissioner Wolfson asked if there could be language that once the debt is paid off, it stops.
Jose Smith, City Attorney, responded that the City could always repeal it.
Mr. Aguila added that there is not an automatic sunset of the bed tax. He continued explaining
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that the idea at Finance committee was once these improvements are completed, the
improvements themselves will eventually need ongoing improvements, which is the reason they
want to continue to collect the bed tax. The Convention Center is an organic facility, as it
consistently is evolving to shift with the time.
Discussion continued.
Commissioner Wolfson stated that he will support the item if the tax could be stopped when the
debt is paid off. “Do not leave the faucet on, and let future government’s authority spend it.”
Mayor Bower replied that they need money to maintain and update the new Convention Center
once it is built. Discussion continued.
Stu Blumberg, Chairman of the Miami Beach Convention Center Advisory Board, spoke.
Vice-Mayor Libbin stated that right now they have a dilapidated facility. Thirty years ago they
were the fourth best facility of the top thirty cities in the country, today they have a hard time
attracting a convention of any size because they are so antiquated. Had they not thought so
provisionally thirty years ago and had instituted a replacement fund thirty years ago, they would
not be dead last, thirty out of thirty. So it is prudent, if they decide if they are going to build
something, they must build in a plan as to how they are going to maintain it; otherwise, don’t’
build it. Vice-Mayor Libbin added that he will support this, but requested that Legal draft the
additional language by this afternoon. Conceptually he is agreeable with the newly suggested
language.
Commissioner Tobin suggested that rather than saying the electorate will be raising the bed tax,
why not change the language to allow for an increase of 1% of resort taxes; that way it will be up
to the City Commission to decide whether to utilize this portion of the revenue. He says this for a
couple of reasons. First, if the resort tax is automatic, does it negate the County’s responsibility
to collaborate with the City on the building? Second, they will be negotiating a deal and he rather,
when they negotiate this deal to construct the 500 million dollar or more joint venture for the
selected firm/entity not to know that for sure the money is in the pot, and that the City is spending
the money. He wants to have the freedom to make the decision at the appropriate time. He
moved to amend the language to say that the Commission, if they choose, can increase by 1%
the resort tax.
Commissioner Góngora stated that Miami Beach is one of the only municipalities in Florida that
actually has less than 50% of its budget coming from property taxes. This is because it has
revenues coming from tourism. As a result, property owners are probably paying fewer taxes
than in other parts. They need to clarify to the residents that this resort tax applies only to hotels
and short-term rentals. They need to make it crystal clear to the people who are renting
apartments that it does not apply to them. In addition, it speaks volume that the hotel industry,
which will be paying the taxes related to this extra penny are all here unanimously in support.
This shows it is needed in the community. He feels very comfortable moving forward with it.
Lastly, it is important that they do not sunset this as they do not know what position the City will
be in 30 or 40 years from now. Rather than going to the residents and increasing their millage, it
is more palatable that there be resort/hotel taxes on beds. It is important that they leave this
option open. Commissioner Góngora believes the language, as written now, is adequate, as legal
has opined that they do not need to add special language to utilize these funds for capital
improvements. The language is clear and concise enough.
Discussion continued.
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Stu Blumberg, Chairman of the Miami Beach Convention Center Advisory Board, spoke.
Raul Aguila, Deputy City Attorney, stated that Commissioner Tobin’s intent is served by already
existing language in the Charter and not necessarily changing the ballot question. Mr. Aguila
read the language of the Charter for the record. He explained that the reason he thinks the ballot
language should not have the word allow is because it provides for vagueness. They have to tell
the voters, when voting; that this is what they are going to do. They read the Charter,
notwithstanding the passing of this ballot question, to authorize the levying the additional one
percent, the Charter still requires Commission action to approve. This accomplishes what
Commissioner Tobin wants to do. The City Commission has to decide after the voters decide, if
they want to go forward or not. The Commission is not mandated to do it after the voters approve
it. It still takes an affirmative action of the Commission to implement the action.
Commissioner Tobin asked to add the language in Section 5.03 of the Miami Beach Charter to
allow an increase by 1% the resort tax on room rents. That is the amendment he is talking about.
The reason is that he wants the City Commissioners to have the ability to not impose this tax for
whatever reason if they do not want to impose it. Commissioner Tobin stated that the language
as written implies that the Commission is mandated to increase the resort tax on hotel room
rents.
Jose Smith, City Attorney stated that the word ‘authorized’ is a better word than “allow.”
Raul Aguila, Deputy City Attorney, agreed that “authorized” is a better choice as it tracks the
language of the Charter. They can amend the language as requested by Commissioner Tobin,
and he is legally comfortable with such inclusion, as it is a duty the Commission has. However,
Mr. Aguila stated that he needs input as to the sunset provision.
Discussion continued.
Commissioner Exposito is comfortable with both proposed versions, but prefers to leave the
sunsetting out of it. They need to have these funds for the maintenance and upkeep of the
Convention Center. They can always repeal it if they want to stop the resort tax in the future.
Jose Smith, City Attorney, stated that a sunset provision could be implemented on the enabling
ordinance.
Vice-Mayor Libbin, as point of clarification, asked if this amendment would allow the City
Commission to turn this tax on and off.
Mr. Aguila explained that the City cannot turn it on and off. They can only turn it off. If they wish
to turn it back on they must go to a referendum.
Vice-Mayor Libbin stated that language creating a dedicated fund for capital reserve fund should
be included. Discussion continued.
Commissioner Weithorn requested to change the language to “up from one cent” to “up to one
cent,” so in the future it gives the Commission the option.
Discussion continued.
Commissioner Tobin stated that he would like the ability to, in the future, not impose the penny
tax, and asked that if the Commission can turn the tax on and off without going back to a
referendum.
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Mr. Aguila explained that he does know the answer to Commissioner’s Tobin question.
Commissioner Tobin added that as long as the voters agree, he is comfortable with applying the
money as long as it is in a segregated fund, where it only goes towards Convention Center
maintenance, and requested to add the language to authorize.
Jorge Gonzalez, City Manager, explained that it is likely that if this tax were imposed, it would be
to fund primarily debt service on bonds issued, and usually the covenant requires keeping the tax
in place for the life of the bonds, or at least thirty (30) years; the Commission can turn the tax off
after that, but once the bonds are established, the City is committed to that bond.
Discussion held.
Raul Aguila, Deputy City Attorney read a draft of the ballot question for the record:
SHALL SECTION 5.03 OF THE CHARTER BE AMENDED TO AUTHORIZE THE COMMISSION
TO INCREASE BY UP TO ONE PERCENT THE RESORT TAX ON ROOM RENT, WITH SUCH
INCREASE TO BE USED SOLELY FOR PURPOSES OF EXPANDING, ENLARGING,
RENOVATING AND/OR IMPROVING THE MIAMI BEACH CONVENTION CENTER,
INCLUDING THE PAYMENT OF DEBT SERVICE RELATED THERETO, AND THAT THE
EXCESS OF SUCH TAX AFTER PAYMENT OF ANNUAL DEBT SERVICE TO BE USED TO
ESTABLISH A CAPITAL RENEWAL AND REPLACEMENT FUND FOR THE CENTER.
Motion made by Vice-Mayor Libbin, seconded by Commissioner Góngora to approve the
resolution as amended. Voice-vote: 7-0.
David Kelsey spoke, and stated he was in opposition.
Rick Kendle spoke in support of the resort tax, but opposes having the City pay to build a hotel.
Handout or Reference Materials:
1. R7G Sample Ballot Question as read by Raul Aguila, Deputy City Attorney.
2. Speakers list
City Clerk’s Note. Pursuant to conversation with Raul Aguila, Deputy City Attorney on May 15, 2012,
final wording of the ballot questions which will be included in the resolution is:
SHALL SECTION 5.03 OF THE CHARTER BE AMENDED TO
ALLOW THE COMMISSION TO INCREASE, UP TO ONE
PERCENT, THE RESORT TAX ON ROOM RENT, TO EXPAND,
ENLARGE, RENOVATE, AND/OR IMPROVE THE CONVENTION
CENTER, INCLUDING PAYMENT OF DEBT SERVICE RELATED
THERETO, AND PROVIDING THAT THE EXCESS OF SUCH
ADDITIONAL TAX BE USED, AFTER PROVIDING FOR PAYMENT
OF ANNUAL DEBT SERVICE AND RELATED OBLIGATIONS, TO
ESTABLISH A CAPITAL RENEWAL AND REPLACEMENT FUND
FOR THE CENTER?
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5:48:15 p.m.
R7H A Resolution Calling For An August 14, 2012 Special Election, For The Purpose Of Submitting To
The Electorate Of The City Of Miami Beach, Florida, A Question Asking Whether Section 2.04 Of
The Miami Beach City Charter Should Be Amended To Provide That, In Addition To Being Called
By The Mayor Or City Manager, Special Meetings Of The City Commission May Be Called By A
Majority Of The Members Of The Commission Upon Written Notice To The City Clerk And In
Accordance With The Procedures Set Forth In A Resolution Of The City Commission.
(Requested by Commissioner Jonah Wolfson)
ACTION: Resolution No. 2012-27903 adopted. Motion made by Commissioner Wolfson to
approve the resolution; seconded by Commissioner Weithorn; Voice vote: 5-2; Opposed: Mayor
Bower and Commissioner Exposito. R. Granado to handle.
Mayor Bower explained the reasons why she was against calling for a Special City Commission
meeting. The Mayor explained that this takes away from the powers of the Mayor.
During recent events, the Mayor felt that a Special Meeting, when one Commissioner was out of
town, was not appropriate.
Commissioner Wolfson stated that he disagrees with the version of events, as explained. He
stated that the City Charter only allows the Mayor and the City Manager to call a Special Meeting.
Commissioner Wolfson stated that there were four written requests for the Special City
Commission meeting. He thinks there should be a process to get around this problem. He added
that in other places, such as in the County, a special meeting can be requested by signatures or
by a majority of the members of the commission. This is not a power grab but a check.
Rick Kendle stated that this should be one of the items the 2013 Charter Review Board should
consider, and it should not be brought forth to the electorate in pieces.
Sherry Roberts encouraged the City Commission to work together and bring the City together.
Commissioner Wolfson agreed with Ms. Roberts and stated her point was well taken.
Commissioner Góngora stated that this issue would be a good check for the majority of the
Commission and she is happy to support it.
Commissioner Wolfson stated that Ms. Roberts is correct, and he thinks this City Commission
should treat each other with respect and dignity.
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5:56:24 p.m.
SUPPLEMENTAL MATERIAL 1: Memorandum
R7I A Resolution To Consider 1) Whether To Issue A Request For Qualifications For A Fourth
Franchise Waste Contractor For Residential And Commercial Solid Waste Collections And
Disposal; Or, In Alternative, 2) Renew The Franchise Agreements With The City’s Three (3)
Existing Franchise Waste Contractors, For An Additional Three (3) Year Term, Subject To A)
Amending Section 90-230(B) Of The City Code, In Order To Permit The City To Exercise Such
Renewal Terms Prior To Expiration Of The Initial Term Of The Franchise Agreements; And B) An
Amendment To The Current Service Agreement Between The City And The Existing Three (3)
Franchise Contractors To Provide Additional Benefits To The City.
(Public Works)
(Memorandum)
ACTION: Resolution No. 2012-27904 adopted as amended. Motion made by Commissioner
Tobin; seconded by Vice-Mayor Libbin; Voice vote; 4-3; Opposed: Commissioners Góngora,
Weithorn and Wolfson. Fred Beckmann to handle.
Amendment:
• Exercise renewal/extension option for one (1) year only until September 2015
• The firm will provide $390,000 per year starting immediately, plus $25,000 dedicated for
environmental programs (ECOMB) through the life of the extension, in addition to what is
already being contributed
End
Fred Beckmann, Public Works Department Director, introduced the item.
Discussion held.
Mitchell Bierman spoke.
Eston (Dusty) Melton spoke.
Alex Gonzalez, from Waste Management, spoke.
Discussion continued.
Raul Aguila, Deputy City Attorney, stated that the ordinance will need to be amended if the
decision is to keep the three contractors, because the way the City Code is written, it does not
allow for early renewals of the franchise agreement; it only allows for the exercise of the renewal
term on the expiration of the initial term. Since it is the middle of the initial term, the City Code will
need to be changed in order to exercise an early renewal term.
Discussion continued.
Dominique Bailleul spoke.
Jason Neal, from Waste Management, spoke.
David Custin, representing Waste Pro, spoke.
Discussion continued.
Commissioner Tobin requested the Administration to find out the gross and net revenues and
come up with a more realistic percentage. Alberto Zamora to handle.
Harold Rosen, representing Waster Management, spoke.
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Discussion continued.
Jason Neal, from Waste Management, spoke and discussion continued.
Alex Gonzalez, from Waste Management, spoke.
Vice-Mayor Libbin commented that he would like to see the books of the towing companies when
the time comes. He also asked that the City Commission disclose any relationship with any of the
lobbyists present.
Commissioner Wolfson disclosed that Mr. Custin handled his campaign.
Motion #1:
Motion made by Commissioner Wolfson to go out for bids; seconded by Commissioner
Góngora. Voice vote; 3-4 Opposed: Mayor Bower; Commissioners, Exposito, Tobin and
Weithorn. Motion failed.
Discussion continued.
Commissioner Exposito disclosed that David Custin ran his campaign in 2009, and that he
consulted with the City Attorney and was told that he did not need to disclose because it has been
over one year.
Motion #2
Motion made by Commissioner Góngora to refer item to the Finance and Citywide Projects
Committee to answer Commissioner Tobin’s questions and to make sure the City has the
best offer. No second offered.
Jorge Gonzalez, City Manager, stated that this is the best possible offer.
Commissioner Tobin changed his vote to yes on the motion to go out to bid. New vote 4-3:
Motion passed to put it out to bid.
Discussion continued.
Commissioner Weithorn moved to reconsider and changed her vote to yes.
Jorge Gonzalez, City Manager, explained that this is the same deal that is on the table, but
instead of running until 2017, it will run until 2015, and instead of being a total of $2 million, it will
be a total of $1.4 million. Discussion continued. He added that under the five year scenario, the
contractor would have given the City $390,000 per year, plus $25,000, totaling $1,940,000 plus
the total of the $25,000; and instead of five years, it would be three years and at that rate, the
same $390,000 would equal $1,170,000, and then go out to bid at that time.
Alex Gonzalez, from Waste Management, informed the City Commission that he will give
$390,000 on a yearly basis, and an additional $25,000 for ECOMB for three years instead of five
years.
Commissioner Tobin summarized then that the City is giving the contractor a one-year extension,
and the contractor is offering the City $1.2 million and is in agreement with that. Discussion
continued.
Jorge Gonzalez, City Manager, clarified that the option that exists today is a three-year option,
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and the City is exercising that option, but instead of giving the contractor three years, the
Commission is giving them one year. He also clarified that the option being exercised, as a one-
year option, means that those two years will go away, and the Commission in 2015 will be faced
with a bid, and franchise competition is a good thing.
Easton Dusty Melton spoke.
David Custin, representing Waste Pro, spoke.
7:33:43 p.m.
FINAL MOTION
Motion made by Commissioner Tobin to accept exercising the renewal/extension option
for one-year only until September 2015, in consideration that the firms will provide
$390,000 per year starting immediately, plus $25,000 dedicated for environmental
programs (ECOMB) through the life of this extension, in addition to what is already being
contributed; seconded by Vice-Mayor Libbin; Voice vote; 4-3; Opposed: Commissioners
Góngora, Weithorn and Wolfson.
Handout or Reference Materials:
1. Roll call vote
2. Business Card from Jason Neal, Government Affairs Director, Waste Management, Inc., of Florida
3. Business Card from Dominique Bailleul, Principal, Blue Leaf, LLC, Condominiums & Homeowners
Association.
12:06:27 p.m.
5:22:50 p.m.
SUPPLEMENTAL MATERIAL 1: Memorandum & Resolutions
R7J Resolutions Authorizing Agreements With Various External Entities To Assist The City In
Implementing The Action Plan To Address Potential Corruption And Misconduct:
1. A Resolution Approving And Authorizing The City Manager And City Clerk To Execute A
Memorandum Of Understanding Between The City, On Behalf Of Its Police Department,
And The Federal Bureau Of Investigation, Miami Area Corruption Task Force, For The
Purpose Of Identifying And Prosecuting Public Officials And Law Enforcement Officers At
The Federal, State, And Local Levels Of Government Involved In Public Corruption
Throughout The Southern District Of Florida.
ACTION: Item deferred and referred to the Finance and Citywide Projects
Committee by acclamation. Patricia Walker to place on the committee agenda. Police
Chief Raymond Martinez and Ramiro Inguanzo to handle. See Action with Item No.4.
2. A Resolution Approving And Authorizing The City Manager And City Attorney To
Negotiate An Agreement With Miami-Dade County, On Behalf Of The Miami-Dade County
Office Of The Inspector General (MDCOIG), To Authorize The MDCOIG To Provide
Independent Investigations Into City Practices And Operations In Order To Prevent And
Detect Fraud, Waste, Financial Mismanagement, Employee Misconduct, Or Other
Abuses.
(Police/Building/Human Resources)
(Memorandum & Resolutions to be Submitted in Supplemental)
ACTION: Item deferred and referred to the Finance and Citywide Projects
Committee by acclamation. Patricia Walker to place on the committee agenda. Ramiro
Inguanzo to handle. See discussion with item No. 4.
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Mayor Bower informed the City Commission that the Inspector General saw the
Commission Meeting and he will not come to the City, unless this Commission is ready to
meet with him.
City Clerk’s Note: Also discussed at the May 19, 2012 Commission Retreat.
12:52 p.m.
3. A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An
Agreement In The Not To Exceed Amount Of $45,000, With Miami-Dade County, Florida,
On Behalf Of The Miami-Dade County Commission On Ethics And Public Trust, To
Develop And Provide A Comprehensive Ethics Training Program For City Employees
Who Hold Positions That Are In Regulatory Areas Of The City.
ACTION: Item deferred and referred to the Finance and Citywide Projects
Committee by acclamation. Patricia Walker to place on the committee agenda. Ramiro
Inguanzo to handle. See Action discussion in Item No. 4.
Discussion held.
5:22 p.m.
Joseph Centerino, Executive Director, Miami-Dade County Commission on Ethics, stated
that they were asked to create a comprehensive and tailored program to deal with
regulatory employees, which is more intensive than the usual ethics training.
Discussion held regarding training and willingness of the Commission to pay for the
program.
Commissioner Exposito explained that $45,000 in the scope of what has happened is a
“drop in the bucket” and it’s important for the citizens and the workforce to have the
benefit of such training. He requested a presentation to the Commission of what the
program entails.
Vice-Mayor Libbin asked how this Commission can be discussing the pros and cons of
spending $40,000 in light of where they are, and yet no one even asked when he m ade a
motion that they should hire an independent auditor that reports to this Commission. It
doesn’t matter what it costs to restore public confidence by bringing Ethics training; if it’s
$40,000 or $400,000, it’s money well spent. Don’t dwell on it. Do it.
Discussion continued.
Rick Kendle spoke.
City Clerk’s Note: Also discussed at the May 19, 2012 Commission Retreat.
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4. A Resolution Waiving, By 5/7ths Vote, The Competitive Bidding Requirement, Finding
Such Waiver To Be In The Best Interest Of The City, And Authorizing The City Manager
To Negotiate And Execute A Professional Services Agreement, In An Amount Not To
Exceed $150,000, With A Qualified Firm For Services Related To Auditing The Processes
Of Certain Regulatory Departments Or Divisions.
ACTION: Resolution 2012-27905 adopted. Item referred to Finance and Citywide
Projects Committee. Motion made by Vice-Mayor Libbin to conceptually move forward
with the hiring of an outside Audit Firm with the recommendations below and bring back to
Commission June 6, 2012; seconded by Commissioner Wolfson; Voice vote: 7-0. Patricia
Walker to place on the committee agenda. Lilia Cardillo to place on the Commission
Agenda. Ramiro Inguanzo and Kristin Tigner to handle.
RECOMMENDATIONS:
Refer to the May 17, 2012 Finance and Citywide Projects Committee
Invite City Commission to participate
Develop scope
Audit firm to report directly to the City Commission
Direct Administration to develop an RFP
Bring back to the June 6, 2012 Commission Meeting
End
Motion made by Commissioner Tobin to defer this time until he has had an opportunity to
interview the individuals; seconded by Commissioner Wolfson. No vote taken and
discussion held.
Mayor Bower suggested referring this item to committee, and explained that with
everything that has taken place, it was her decision to come up with a way to show the
community that this Commission cares. She added that to have the Inspector General
come in, the Ethics Committee give more training, and to have an External Audit, is the
proper thing to do in order to restore public trust.
Motion made by Commissioner Tobin to overrule the Chair; seconded by Commissioner
Wolfson. No vote taken and discussion continued.
Commissioner Exposito agreed with Mayor Bower and recommended considering this
discussion as part of the upcoming Commission Retreat, to establish the scope and extent
of the audit, how to report appropriately, and come back to Commission or send it to
committee for further discussion.
Discussion continued.
Commissioner Tobin opposes having a Miami Beach Police Officer work with the FBI to
investigate the City. He is in support of the Auditor that should be appointed by the City
Commission and suggested having Commissioner Weithorn work as a liaison.
Discussion continued.
Commissioner Weithorn asked for this Commission to have decorum, and stated that she
is unwilling to send the items to Retreat; she wants this issue discussed today. She is
distressed that the entities involved are not present to discuss the questions and
requested to move forward.
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Discussion continued regarding restoring the confidence of Miami Beach residences and
steps to be taken to make this happen.
Mayor Bower explained the reasons for not calling a Special Commission Meeting,
Jose Smith, City Attorney, in regards to the Inspector General, stated that clearly he would
not recommend that the City enter into the same type of Interlocal Agreement that the
school board and the Inspector General entered into. It is not a good template for the City,
and he thinks the Inspector General understands that the City cannot enter into such an
agreement. The Inspector General and the School Board have a different relationship.
In answering Mayor Bower’s questions, Mr. Smith explained the following legal issues of
concern: 1) whether or not the City needs enabling legislation to authorize the City to
enter into an Interlocal Agreement with the Inspector General; the School Board and
Miami-Dade County have it, but it’s not in the City of Miami Beach Charter; 2) the issue of
indemnification and hold harmless that Legal Counsel for the Inspector General and the
City Attorney’s Office are discussing; 3) there are issues of Attorney/Client privilege,
litigation and work product privileges that the Inspector General’s Counsel and the City
Attorney’s Office have disagreements with, for example, reviewing litigation files where the
City and the County may be in controversy with each other; the Inspector General’s
Counsel seems to think they can, but he explained that it cannot be done without a
subpoena, so these are legal issues that the Inspector General and the City Attorney’s
Office need to come to closure with. The issue of whether this Commission wants to
engage the Inspector General and the scope of services that they want to engage them
for, it is entirely a policy issue that needs to be addressed.
Discussion continued.
Motion made by Vice-Mayor Libbin to conceptually move forward with the hiring of an
outside Audit Firm, with the scope to be defined by the Finance and Citywide Projects
Committee, and the full Commission invited to participate and vote on the scope; and
include the audit firm to report directly to the City Commission; seconded by
Commissioner Wolfson; Voice vote: 7-0.
MOTION
Refer to Finance and Citywide Projects Committee
Invite City Commission to participate
Develop scope
Audit firm to report directly to the City Commission
Direct Administration to develop an RFP
Bring back to the June 6, 2012 Commission Meeting
End
Commissioner Weithorn announced, for the record, that the next Finance and Citywide
Projects Committee will be next week, and those Commissioners that would like to attend
are invited.
Discussion held.
Handout or Reference Materials:
1. 2012 Ballot Issues Deadlines Countywide Elections
2. Email from Hilda Fernandez to Henry Stolar dated May 8, 2012 RE: Planning Department Agenda Item
R7J
3. Speakers list
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R9 - New Business and Commission Requests
R9A Board And Committee Appointments.
(City Clerk’s Office)
ACTION: The following individuals were appointed:
Disability Access Committee:
Andrews S. Feuerstein Term ending 12/31/13 Appointed by Vice-Mayor Libbin TL 12/31/19
Russell Hartstein Term ending 12/31/13 Appointed by Mayor Bower TL 12/31/19
Dr. Susan Solman Term ending 12/31/13 Appointed by Commissioner Weithorn TL 12/31/19
Susana Maroder-Rivera Term ending 12/31/13 Appointed by Commissioner Exposito TL 12/31/13
Lee Weiss Term ending 12/31/12 Appointed by Commissioner Wolfson TL12/31/19
Parks and Recreational Facilities Board:
Jeffrey Forster Term ending 12/31/13 Appointed by Commissioner Góngora TL 12/31/19
Police Citizens Relations Committee:
Michael Grieco Term ending 12/31/12 Appointed by Commissioner Góngora TL 12/31/19
Walters Lucero Term ending 12/31/13 Appointed by Commissioner Weithorn TL 12/31/19
Sustainability Committee:
Debra Leibowitz Term ending 12/31/13 Appointed by Commissioner Weithorn TL 12/31/15
R9A1 Board And Committee Appointments - City Commission Appointments.
(City Clerk’s Office)
ACTION: Item deferred.
Handout or Reference Materials:
1. Email from Rafael Granado to Mayor’s Office dated May 7, 2012 RE: City Commission Board &
Committee Appointments, RE: Marilys Nepomechie, FAIA CV/Resume.
2:08:47 p.m.
R9B1 Dr. Stanley Sutnick Citizen’s Forum. (12:30 p.m.)
ACTION:
1. Alberto Machado distributed The Miami Herald article on oil drilling close to Florida. He
stated that the fishing and the tourism industries are in jeopardy due to oil drilling close to
Florida. He added that the oil will reach our beaches if we have a hurricane.
2. Paul Jonas spoke on the recycling ordinance. He is opposed because this is an undue
burden on business owners and multi-family unit owners and it will cost the City over
$100,000. He stated that people should have the freedom to choose if they want to recycle or
not.
3. Linda Veski, retired City of Miami Beach Police Captain read a document explaining the
culture of the police department, and complained about the unfair disciplining of Office Eric
Dominguez. Commissioner Tobin to bring an item to a future Commission Agenda.
4. Sergeant Alex Bello, FOP President, echoed past FOP President, Linda Veski’s comments
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and added that he believes that there has been an injustice done to Officer Dominguez.
Officers should not be disciplined on what could happen but instead they should be
supported. The City has a moral obligation to correct the record in this case. He can attest to
Officer Dominguez’s integrity and work product.
5. Steve “Bubba” Cohen stated that the epiphany that seems to have taken over the City this
past month with the problems, really do not address the talk about criminal behavior or
investigating the Commission; and added that this has to start at the Police Department, and
it has to start at the top; with Internal Affairs reporting to the Chief of Police. He explained
that an Internal Affairs investigation of theft and misappropriation of funds did not interview
one person responsible for those funds; and whether it be the past Chief or the current Chief,
they were both involved, and not one person was interviewed that handled those funds.
Handouts and Reference Materials:
1. Miami Herald Article “Keys Wary-Oil Threat”
2. Document prepared and read into the record by retired Captain Linda Veski explaining the unfair
disciplining of Officer Eric Dominguez.
R9B2 Dr. Stanley Sutnick Citizen’s Forum. (5:30 p.m.)
ACTION: Item not reached.
7:37:35 p.m.
R9C Discussion Regarding North Beach And Murder Of A 16 Year Old Boy At 75th Street And Ocean
Terrace.
(Requested by Commissioner Edward L. Tobin)
ACTION: Discussion held.
Chief Martinez reported that they have identified all parties involved including the shooter, but
they have not apprehended them yet, although they are moving quick ly and aggressively to bring
these individuals to justice. He introduced Captain De La Espriella regarding concerns and crime
in North Beach.
Captain David De La Espriella summarized the activities provided to the North Beach area. In
answering Commissioner Tobin’s questions, he explained the crime prevention issues, and stated
that they are looking at the Normandy Shores neighborhood to educate residents in the concept
of crime prevention design.
Commissioner Tobin requested a report to identify habitual offenders and he will place an item on
the agenda for further discussion. Discussion continued regarding beat officers and he asked the
Captain to explain. Chief Martinez to handle.
Chief Martinez stated that they will bring their plan for North Beach and the entire City and report
as to what may be necessary to accomplish it. Chief Martinez to handle.
Commissioner Tobin recognized Rick Kendle for leading an effort to raise funds for the victim’s
funeral and for assisting the family in this difficult time.
Rick Kendle spoke.
Captain David De La Espriella recognized Deborah Ruggeiro and the Teen Job Corps for making
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an impact in the maintenance at the North Shore Open Space Park.
Discussion was held regarding homelessness in the area.
Commissioner Weithorn stated that the activity in the park is discouraging the activity that existed
before and concurs that it’s important that officers get out of the cars and walk the beat to have
more people come out to the park. She thanked the Parks and Recreations Department for the
good job they did at the dog park.
Discussion continued.
Carla Probus complained about lack of resources allocated towards maintenance at North Shore
Open Space Park and thinks funds should be allocated in the budget.
Mayor Bower stated that his will be discussed during the budget process and to make it a priority.
Commissioner Tobin stated that this is an emergency situation that needs to be taken care off
immediately. Discussion continued.
Mayor Bower requested the Parks and Recreation Department send a maintenance crew to the
North Shore Space Park to take care of the situation. Kevin Smith to handle.
Handout or Reference Materials:
1. Speakers list
7:58:27 p.m.
R9D Discussion Regarding A Request To Waive The Colony Theater Rental Fee For The Film Life
Foundation, A Non-Profit Which Is Producing The American Black Film Festival, June 20-23.
(Requested by Mayor Matti Herrera Bower)
ACTION: Resolution 2012-27906 adopted. Motion made by Commissioner Góngora to waive
the Colony Theater rental fees; seconded by Commissioner Exposito; Voice vote: 7-0. Max Sklar
to prepare resolution and to handle.
Mayor Bower explained the item.
Hilda Fernandez, Assistant City Manager, explained the issue.
Discussion held.
Motion made by Commissioner Góngora to waive the Colony Theater rental fee; seconded by
Commissioner Weithorn Exposito; Voice vote: 7-0. Hilda Fernandez to handle.
R9E Discussion Regarding Healthy Initiatives Being Implemented By The Parks And Recreation
Department In The City Of Miami Beach.
(Requested by Commissioner Jorge R. Exposito)
ACTION: Item deferred.
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7:56:03 p.m.
R9F Discussion To Amend The City Rules And Procedures So That Our City Employees Know That
They Should Bring Forward Information Regarding Any Wrongdoing.
(Requested by Vice-Mayor Jerry Libbin)
ACTION: Discussion held.
Vice-Mayor Libbin stated that in an effort to disrupt any corruption that may exist, he attended the
sub-committee meeting of the Personnel Board and suggested to them drafting something for
consideration of the Personnel Board that employees will have a duty to report any crime or
suspicion of crime. He stated that the State of Alaska has such a policy. He will attend the
Personnel Board meeting on the 18th. This will be an expansion to the policy that they need to
report sexual harassment. He explained that the City Commission has no authority over this and
it is totally up to the Personnel Board. Since the City Administration enforces Work Rules, this
code of ethics should be incorporated into the Work Rules and everybody will be bound by this.
Ramiro Inguanzo to handle.
Discussion held.
Vice-Mayor Libbin stated that after the document is drafted by the sub-committee and approved
by the Personnel Board, he will place an item on the agenda to discuss.
Handout or Reference Materials:
1. Speakers list
5:00:22 p.m.
R9G Discussion Regarding: 1) Complacency And Accountability Of The Administration; And 2) City
Manager’s Tenure.
(Requested by Commissioner Edward L. Tobin)
ACTION: Item heard in conjunction with item R9H. Discussion held.
Mayor Bower welcomed everyone in the audience for taking the time to attend the meeting to
express their opinions.
Jorge Gonzalez, City Manager, read his resignation letter effective July 8, 2012.
Motion made by Commissioner Góngora to accept the City Manager’s resignation effective
July 8, 2012; seconded by Commissioner Tobin; Voice vote 5-2; Opposed; Mayor Bower
and Vice-Mayor Libbin.
5:08 p.m.
Sally Heyman, Miami-Dade County Commissioner, stated that during the City Manager’s tenure
she has always found City Manager Jorge Gonzalez and Assistant City Manager Hilda
Fernandez and most of the Administration to be one of the easiest and one of the most
professional and forward moving. She added that an operation of government this size is a
business, and the diverse community of this nature is clearly complex. So, whether they’re
talking about hurricane plans every year, championing GOB projects for Miami Beach; focusing
on the Convention Center, cutting bureaucracy, working on signage, paving, to major public
works projects, she has found this Administration consistently is one to cut bureaucracy, being a
phone call away, always professional and putting Miami Beach first. She has seen Miami Beach
grow from a municipality that had paroquial interest and representation across the water, to what
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it is now, and it is because Miami Beach has regionalized the commitment for all of Miami-Dade
community. Miami Beach went up at times from two Commissioners representing the City in a
paroquial manner to 13 Commissioners championing Miami Beach’s endeavors. She has seen
the support grow through this Management team and members of this dais, to increased voting
power on MPO, South Florida Regional Planning and State and Federal initiatives. Regarding
government problems, she has seen what happens in her own jurisdiction, and they have
problems and will continue to have them unfortunately, at all levels of government; but specific to
Miami Beach, she believes the critical question has always been: “was there complacency and
conspiracy to crime and corruption at a level of government that could have stopped it? And in
response, she is limited because most of the information she received was from the media, and
she wanted to speak about her first hand experience, of what she saw, what she knows as facts
of an integrated government, and has found that there is no evidence to show any actual based
evidence to any of the problems, they seem to be driven by emotions. Miami Beach will survive,
and at least for now, as it moves forward, it was better with this Management team in place right
now, and it has always been her pleasure to work with Jorge.
City Clerk’s Note: In an email from Commissioner Jorge Exposito, he wrote: “I didn’t realize the
significance of my vote until I read the paper later today. When I voted to accept the manager’s
resignation it was done in an effort to allow him a dignified out, in light of everything that was happening.
While I respect his wish and fully understand his desire to resign with dignity, I think my vote should
reflect the fact that I support the manager and would have preferred this process have taken an
intelligent and dignified route. I would like my vote to be reflected as a “No” vote for purpose of
commission records. Please let me know what you require of me to make this happen. Respectfully
Yours, Jorge R. Exposito, Commissioner, City of Miami Beach.”
Handout or Reference Materials:
1. Petition signed by concerned City residents and business owners/employees in support of Jorge
Gonzalez, City Manager.
2. Speaker’s list
3. Email from Commissioner Jorge Exposito dated May 10, 2012 regarding changing his vote to “No.”
5:00:22 p.m.
R9H Discussion Regarding The Dismissal Of The City Manager.
(Requested by Commissioner Jonah Wolfson)
ACTION: Item heard in conjunction with item R9G. Discussion held.
See details with item R9G.
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1:59:21 p.m.
ADDENDUM MATERIAL 1
R9I A Report To The Mayor And City Commission Of The City Of Miami Beach, Florida, And Request
For Authorization To Execute The Attached Lease Agreement Between The City And South
Florida Salon Group, Inc., For Use Of Approximately 1,327 Square Feet Of City-Owned Property,
Located At 1701 Meridian Avenue, Unit 1 (A/K/A 765 17th Street), Miami Beach, Florida; As
Approved By Resolution No. 2012-27846 On February 8, 2012.
(Real Estate, Housing & Community Development)
ACTION: Report given and request authorized. Motion made by Vice-Mayor Libbin; seconded
by Commissioner Weithorn; Voice vote 7-0. Anna Parekh to handle.
Hilda Fernandez, Assistant City Manager, explained the pre-approved lease with South Florida
Salon Group, in which the neighboring tenants requested space for sublease or to negotiate an
agreement; the Commission gave the Administration direction to come back in March to negotiate
the sublease. She added that the lease has been negotiated and they are ready to proceed with
the pre-approved lease since there is no sublease agreement negotiated.
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. 116-2012)
End of Regular Agenda
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Miami Beach Redevelopment Agency
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
May 9, 2012
Chairperson of the Board Matti Herrera Bower
Member of the Board Jorge Exposito
Member of the Board Michael Góngora
Member of the Board Jerry Libbin
Member of the Board Edward L. Tobin
Member of the Board Deede Weithorn
Member of the Board Jonah Wolfson
Executive Director Jorge M. Gonzalez
Assistant Director Jorge Gomez
General Counsel Jose Smith
Secretary Rafael E. Granado
AGENDA
1. NEW BUSINESS
2:01:03 p.m.
A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment
Agency (RDA), Authorizing The Chairperson And Secretary To Execute A Retail Lease
Agreement With Mr. R Sports, Inc. (Tenant) For Suites 1 Through 4 In The Anchor Shops,
Located At 100 16th Street, Miami Beach, Florida, Said Lease Agreement Having An
Initial Term Of Three (3) Years, Commencing Upon Execution Of The Lease By The
Parties, With Two (2) Renewal Options Of Three (3) Years And Three (3) Years And 364
Days Respectively, At The RDA’s Sole And Absolute Discretion, Subject And Pursuant To
The Terms And Conditions Set Forth In The Lease.
ACTION: Resolution No. 584-2012 adopted. Motion made by Commissioner Góngora;
seconded by Commissioner Exposito; Voice vote: 7-0. Anna Parekh to handle.
Hilda Fernandez, Assistant City Manager, introduced the item.
Discussion held.
Anna Parekh, Real Estate, Housing and Community Development Department Director
spoke.
Handout or Reference Materials:
1, RDA Roll Call vote
Meeting adjourned at 8:53:11 p.m.