20120718 AAAfteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 1
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
July 18, 2012
Mayor Matti Herrera Bower
Vice-Mayor Jorge R. Exposito
Commissioner Michael Góngora
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
Interim City Manager Kathie G. Brooks
City Attorney Jose Smith
City Clerk Rafael E. Granado
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission
Meetings.
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.
Meeting called to order at 9:45:58 a.m.
Inspirational Message given by Rabbi Weberman from the Ohev Shalom Congregation.
Pledge of Allegiance led by Mitch Kaplan.
SUPPLEMENTAL MATERIAL 1:
C7D Resolution
C7H Revised Resolution
C7K Resolution
C7Q Resolution
C7S Resolution
C7X Memorandum & Resolution
R7B Memorandum
R7C Resolution
R7N Health Facilities Authority Bond Resolution
R7O Resolution
R7Q Resolution & Agreement
RDA 1A Resolution
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 2
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
SUPPLEMENTAL MATERIAL 2:
C7E – Resolution
C7Z - Memorandum
ADDENDA 1 & 2:
Motion made by Commissioner Tobin to add items C4I, C4K,C4J, R5I, R9I, R9J, R9K, and R9L to
the Agenda as emergency items; seconded by Vice-Mayor Exposito; Voice vote: 7-0.
11:15:52 a.m.
Mayor Bower questioned the amount of emergency items added to the Commission Agenda, and
asked if these items are time sensitive or not. She explained that adding so many items as
emergency items is creating confusion and the public is not informed about them. She
respectfully requested that the deadline for Agenda items be followed.
The City Commission will recess for lunch at approximately 1:00 p.m.
Presentations and Awards
10:21:59 a.m.
PA1 Certificate Of Appreciation To Be Presented To The Miami Beach Police Department's Officer Of
The Month For March And April 2012.
(Requested by Vice-Mayor Jorge R. Exposito)
ACTION: Certificates presented to Officer Robert Silvagni for the month of March 2012, and
Sergeant Gilberto Ortiz for April, 2012.
Vice-Mayor Exposito introduced the item and explained that Sergeant Ortiz was involved in the
investigation of the hijacking of ATM’s, and due to his diligence they were able to apprehend the
thief; and he is recognized not only for assisting in the arrest, but for protecting the community
and solving problems. He explained that Officer Silvagni was involved in the apprehension of
culprits that were plaguing the area with theft. He urged the community to be vigilant, and
commended the Police Officers for their dedication and outstanding service. Vice-Mayor
Exposito added that Officer Silvagni was in court and could not be present here this morning.
Police Chief Ray Martinez stated that Sergeant Ortiz went above and beyond his duties, as he
not only took the police report, but really changed the banking industry, as financial institutions
are adopting procedures he helped implement to avoid victimization of ATM theft.
Sergeant Gilberto Ortiz explained a flaw in the ATM card system, where a card reader was
retained, or the client will get the card back and the account will still be open. He was able to
have Bank of America partner with the Police Department and radically change their system, so
that bank cards are returned immediately, the ATM asks for the pin number for every transaction
and it closes the account if not provided. This was changed citywide, and has gone globally.
Vice-Mayor Exposito announced that Officer Silvagni had arrived.
Officer Robert Silvagni did not speak.
Handout or Reference Materials:
1. List of recipients’ names
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 3
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
9:51:51 a.m.
PA2 Certificates Of Recognition To Be Presented To Officer Arthur Martineau And The Miami Beach
Police Athletic League For Their Participation In The Beach Cleanup During Spring Break
Weekend.
(Requested by Vice-Mayor Jorge R. Exposito)
ACTION: Certificates presented.
Vice-Mayor Exposito stated that it was his pleasure and privilege to honor someone that he has
gotten to know closely during the past few years. Officer Martineau has done an incredible job in
making changes to the Miami Beach Police Athletic League (PAL), an organization that has been
criticized and plagued with concerns. With his care and knowledge, he has made sure that PAL
continues to be the ideal place for kids to participate. Vice-Mayor Exposito also thanked him for
his effort during the beach cleanup in March, when he had over forty kids from PAL participate.
Officer Martineau has also implemented other programs to help the community, most recently a
boxing program, which ensures that these kids have an outlet for aggression and it teaches them
discipline. For all of these reasons, he recognized Officer Martineau.
Officer Arthur Martineau, Executive Director of the Miami Beach Police League (PAL), stated that
he is humbled and honored to be here today. He asked the City Commission to keep in their
hearts and prayers the founder of the Miami Beach Police League (PAL) in 1958, Herman Press
and his father Chuck Press, who is not doing well. He added that it takes a village, and they are
the village for these kids. He cares and loves them. He thanked Police Chief Martinez, this City
Commission, Commissioner Tobin and Vice-Mayor Exposito for honoring him today. He
announced that on August 10th PAL will have the bookpack give-away, and invited the City
Commission to participate. He also thanked the kids that are participating in different events.
Handout or Reference Materials:
1. List of recipients’ names
11:09:53 a.m.
PA3 Certificates Of Recognition To Be Presented To The Class Of 2012 Valedictorian And
Salutatorian Of Rabbi S. Gross (RASG) Hebrew Academy.
(Requested by Vice-Mayor Jorge R. Exposito)
ACTION: Certificates presented.
Vice-Mayor Exposito introduced the item and recognized the youth of this community, who are
the future leaders of the City. It is with great privilege that he presents Certificates to the
following students: from Miami Beach Senior High School, Class of 2012, Summa Cum Laude
Jason Max Albert, Willy Jonathan Chertman, Bernard Salomon Cohen, Rachel Coller, Cherisse
Candice Cooper, Benjamin Carlos French, Gabriela Petrova Gerinska, Nadine Beatrice
Goldberg, Efrain Humberto Gonzalez, Jonathan Michael Haber, Eduardo Jose Hernandez,
Alexandra Ayme Lavado, Jordan Alexander Madrigal, Carina Joselle Martinez, Claudia Perez,
Sabrina Michelle Philipp, William Patrick Quinlan, Stefany Raquel Rothlein, Helen Eve Rynor,
Rhonda Mirna Sneij, Maya Diana Sperkacz, Samantha Rose Stella, Kelsey Marie Sumalla, Tyler
Ryan Trushin and Ricardo Daniel Zambrano. He congratulated them on behalf of the Mayor and
City Commission.
Handout or Reference Materials:
1. List of recipients’ names
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 4
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
10:27:59 a.m.
PA4 Certificates Of Recognition To Be Presented To Iraida Gonzalez, Participant, And Maria Eugenia
Marino, Employer, From The Grown By The Day Childcare Center, For The UNIDAD’s Senior
Placement Program
(Requested By Commissioner Jonah Wolfson)
ACTION: Certificates presented.
Commissioner Wolfson introduced the item.
Margarita Cepeda, Executive Director, UNIDAD, thanked Mayor Bower, Interim City Manager
Kathie G. Brooks and the Commissioners for monthly showcasing the employers responsible for
hiring the senior population and for showcasing their success stories.
Mayor Bower recognized Commissioner Wolfson for bringing up these items.
Mara Mignardi, Director of UNIDAD, announced that they have been selected number one as
best practices in the United States, and they will represent the City of Miami Beach among all the
cities for being so proactive in the community with the help of the City.
Iraida Gonzalez could not attend this morning, but Annie Owens shared her own success story
by going from being unemployed to becoming a security guard.
Commissioner Wolfson stated that Annie Owens will also be given a Certificate of Appreciation.
10:57:39 a.m.
PA5 Certificate Of Appreciation To Be Presented To Gabrielle Redfern For Her Service To The
Community As Well As Bicycle Advocacy In Miami Beach.
(Requested by Mayor Matti Herrera Bower)
ACTION: Certificate presented.
Mayor Bower stated that Gabrielle is an example of a Miami Beach citizen that really gets
involved, and her strongest concern is bicycle advocacy and safety in Miami Beach. Because of
her, more bicycle paths have been added, and she is good at finding money for projects.
Gabrielle Redfern spoke.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 5
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
9:57:29 a.m.
PA6 Certificates Of Appreciation To Be Presented To The Miami Beach Police Department And
Outside State And Federal Agencies In Appreciation And Recognition Of The Hard Work And
Professionalism Displayed In The Implementation Of The City’s Major Event Plan For Memorial
Day Weekend 2012.
(Requested by Mayor Matti Herrera Bower)
ACTION: Certificates presented and recognition given to all individuals for their efforts and for
providing the personnel and resources needed during Memorial Day Weekend 2012. The
following individuals were recognized: Crews of the A-Star helicopter and Black Hawk helicopter
from the U.S. Customs and Border Protection Robert Bosserman, Heriberto Irizarry, Edwin
Montufar, William Laurie, Gainey Maxwell, Nelson Marchand, Al Reinauer, Ricardo Santiago,
Kevin Brady, Edgar Brown-Caro, Glenn Archer and James Boone; from ICE Ramon Bado and
Ricky Bazail, leaders from ATF and Command Bus Robert Shirley and Howard Green; from the
Florida Highway Patrol Captain Chris Dellapietra and US Marshal Joe Godsk and ATF
Supervisor James VanVliet.
Mayor Bower introduced the item and commented on the wonderful job done during Memorial
Day Weekend.
Chief Ray Martinez spoke.
10:08:48 a.m.
PA7 Proclamation To Be Presented To Central Cab And Verifone For Providing 100% Computer
Dispatching And Full GPS As Well As Verifone Computer System Which Is Hooked Up To The
Miami Beach Police Department For Amber Alerts, Missing Elderly, Wanted Criminals And Even
Missing Pets.
(Requested by Mayor Matti Herrera Bower)
ACTION: Key and Proclamation presented to Central Cab and Verifone.
Mayor Bower introduced the item and commended the companies and their continued services
to the City.
J. P. Morgan stated that Central Cab has been the local taxi cab company since the 1950’s, and
per Mayor Bower’s request, Central Cab and its President Boris Shvartsman, Jeff Kerosek with
Verifone and with the assistance of Captain Causey from the Miami Beach Police Department, a
system was implemented for the police to have access to every single central cab and every
driver 24-7 to send messages out for Amber Alerts or when searching for criminals. The
equipment also provides City residents and visitors with faster taxi services.
Mayor Bower explained that a video (which is not available for viewing today), is played to the
taxi cab users, with a welcoming message from the Mayor of Miami Beach.
Jeff Kerosek from Verifone spoke.
Boris Shvartsman, Central Cab President, spoke.
Commissioner Tobin stated that the City should partner with Central Cab on other projects, since
they are the ambassadors to the City.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 6
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
10:38:07 a.m.
PA8 Certificates Of Completion To Be Presented To The City Of Miami Beach Neighborhood
Leadership Academy Graduates.
(City Manager’s Office)
ACTION: Certificates presented. The following graduates were recognized: Adam Shreddoff,
Andres Orjuela, Angela Diaz, Brian Richard, Charles Holzer, Dan Berkovitz, Daniel Nobel, Dave
Doebler, Francoise Capdebosq, Frankie Trullenque, George Klenkar, Jose London, John Noone,
John Rosario, Jorge Jimenez, Ken Bereski, Luis Iglesias, Melissa Brouard, Natalia Bonnery,
Ohad Jehassi, Richard Bellew, Rosa Munoz and Teresa Mulligan.
Kathie G. Brooks, Interim City Manager, explained the program which started by the prior City
Manager over ten years ago, and this is its 21st session. The program consists of community
members participating on Mondays during 15 weeks to meet with various City departments and
learn the workings of City government, and to this date there are over 750 graduates in total.
Frank Trullenque spoke on behalf of the graduation class.
Guillermo Cueto, member of the Leadership Academy Association Board, spoke.
Mel Brazer spoke.
10:47:23 a.m.
PA9 Key To The City To Be Presented To Michael James Lipari, Of The U.S. Army, For His Military
Service.
(Requested by Commissioner Jerry Libbin)
ACTION: Key to the City presented.
Commissioner Libbin introduced Michael and Elizabeth Lipari, a Miami Beach couple who served
and continue to serve our country; he is a Miami Beach native who joined the U.S. Army after
high school, becoming a military police officer and later serving several tours in Iraq. He met
Elizabeth, a disabled veteran who served in the U.S. Air Force as a security police officer; she
has won several awards and continues her services as a disabled veteran today as a Civilian at
the Department of Defense. During his service, Michael received several awards including the
Bronze Star and the Purple Heart.
Commissioner Libbin presented Michael James Lipari with the Key to the City.
Elizabeth Lipari spoke.
Michael Lipari spoke.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 7
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
11:03:40 a.m.
PA10 Certificate Of Recognition To Be Presented To Alina Delgado From David’s Café For Her
Dedication For Serving The Tuesday Morning Breakfast Club Members.
(Requested by Commissioner Michael Góngora)
ACTION: Certificate presented.
Commissioner Góngora introduced Alina Delgado, who has been a long-time server at David’s
Café, and as it is probably known, July 22 is the closing of David’s Café II on Lincoln Road, and
Alina will no longer be at David’s Café. She has been a member of David’s Café family since
2003 and has been present at the Tuesday Morning Breakfast Club since, not just serving the
patrons, but as a friend and confidant to many. He wished her the best in her future endeavors
and she will be missed. He also spoke in Spanish to Alina.
Alina Delgado spoke in Spanish, and thanked David’s Café’s owners and all the patrons for the
opportunity to serve them, and she will miss everyone.
Elsa Urquiza also recognized Alina for her dedication and translated for her.
A photo was taken with some of the Tuesday Morning Breakfast Club members.
10:52:43 a.m.
PA11 Certificate Of Recognition To Be Presented To Richard Lydecker For His Dedication In Serving
As The Chairman Of The Miami-Dade County Democratic Executive Committee And His
Longtime Role As A Community Advocate.
(Requested by Commissioner Michael Góngora)
ACTION: Certificate presented.
Commissioner Góngora introduced Mr. Lydecker, a long-time Miami Beach resident who has
served as Chairman of the Miami-Dade County Democratic Executive Committee and has done
an excellent job as Chair; he serves on the Board of Directors of Camp Boggy Creek, (co-
founded by actor Paul Newman), a year-round medical camp for young children suffering from
chronic and life-threatening illnesses; he is founding partner of the law firm Lydecker and Diaz,
and under his leadership he has built an incredible business, which has grown by more than 50%
over the past year. He was also cross-nominated by Democratic Senator Bill Nelson and
Republican Senator Marco Rubio to serve on the Federal Judicial Nominating Committee, which
makes recommendations to President Obama on Federal Judges. For all his accomplishments,
passion and being a great resident and civic member, he is presented with this Certificate today.
Richard Lydecker thanked Mayor Bower and City Commissioners for their service in making
Miami Beach the greatest City in the world to live.
New Item:
PA12 Presentation /Nola Garcia United States Alliance For Technological Literacy.
(Requested by Mayor Matti Herrera Bower)
ACTION: Item deferred.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 8
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
CONSENT AGENDA
ACTION: Motion made by Commissioner Weithorn to approve the Consent Agenda; seconded
by Commissioner Libbin; Voice-vote: 7-0.
C2 - Competitive Bid Reports
C2A Request For Approval To Issue A Request For Qualifications (RFQ) For The Establishment Of A
Pre-Approved List Of Professional Construction Engineering And Inspection (CEI) Firms To
Provide Various CEI Services On An “As-Needed” Basis.
(Capital Improvement Projects/Procurement)
ACTION: Request authorized. Raul Aguila and Fernando Vazquez to handle.
C2B Request For Approval To Authorize The Issuance Of A Request For Proposals (RFP) For The
Provisions Of Various Banking Services To The City Of Miami Beach, For A Five-Year Period
With Five One-Year Renewal Options.
(Finance Department/Procurement)
ACTION: Request authorized. Raul Aguila and Patricia Walker to handle.
8:08:54 p.m.
C2C Request For Approval To Authorize The Issuance Of A Request For Proposals (RFP) For The
Provisions Of Credit Card Merchant Processing Services To The City Of Miami Beach, For A
Five-Year Period With Five One-Year Renewal Options.
(Finance Department/Procurement)
ACTION: Item separated by Commissioner Wolfson. Request authorized as amended.
Motion made by Commissioner Góngora; seconded by Commissioner Libbin; Voice vote: 7-0.
Raul Aguila and Patricia Walker to handle.
Amendment:
1. Be a company or a principal of a company with at least five (5) three (3) years experience
processing credit card payment records transmitted for processing and settlement from major
credit/debit card processing networks.
2. Eliminate five (5) public sector customers requirement
3. These requirement will continue for the duration of the contract
TO DO:
In the future, changes to a Request for Proposal (RFP) should be reviewed by the City
Commission, as a whole, and not at the request of one member.
End
Rafael Andrade spoke.
Patricia Walker, Chief Financial Officer, read the changes made to the Request for Proposals
(RFP), as requested by Commissioner Libbin, modifying the years of experience for the
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 9
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
company, reducing from five years to three years experience and eliminating the five public
sector clients.
Discussion held.
Patricia Walker, Chief Financial Officer, explained that the proposal was amended to allow more
proposers, as recommended by Commissioner Libbin.
Discussion continued.
Raul Aguila, Deputy City Attorney, suggested changing the experience requirement to the
experience of the proposer team member. By doing this, you not only look at the experience of
the company, but the experience of a team member as well.
Discussion held regarding requirements.
Patricia Walker, Chief Financial Officer, in answering Mayor Bower’s questions, explained that
governments, such as the City of Miami Beach, that handle hundreds of thousands of
transactions processed by credit card networks per month are apt to get proposals from large
national or local companies, who have significant experience, such that the City need not specify
public sector customers.
Motion made by Commissioner Góngora; seconded by Commissioner Libbin. No vote taken and
discussion continued.
Commissioner Tobin stated that this requirement should not only be for the bid but for the
duration of the contract.
Discussion continued.
Commissioner Tobin suggested that the Request for Proposal (RFP) state the number of years
of experience of the principals of the company.
Vice-Mayor Exposito suggested changing it from team member to principal. He added that
changes to a Request for Proposal (RFP) should not be made by the Administration at the
request of one Commissioner, but it should be brought to the City Commission as a whole for
approval. Patricia Walker to handle.
Handouts and Reference Materials:
1. Revised memorandum was handed out on the Dais.
C2D Request For Approval To Purchase One (1) Vactron From Vac-Tron Equipment LLC Pursuant
To GSA Contract No. GS-07F-0700N In The Amount Of $43,159.00, One (1) Nissan Forklift,
One (1) CAT Backhoe, One (1) Genie Aerial Work Platform From Kelly Tractor, One (1)
Freightliner M2 Chassis With Options From Atlantic Truck Center, Pursuant To Florida State
Contract No. 11-19-0907 In The Amount Of $228,361.00 And One (1) JLG Scissor Lift From
Grainger, Pursuant To Florida State Contract No. 450-000-11-ACS In The Amount Of
$12,490.00.
(Fleet Management)
ACTION: Request authorized. Jay Fink to handle.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 10
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
C2E Request For Approval To Award A Contract To Dana Safety Supply, Inc., Pursuant To Invitation
To Bid No. 46-11/12, For The Purchase And Installation Of Public Safety Lighting Equipment On
City Vehicles In The Estimated Amount Of $313,458.
(Fleet Management)
ACTION: Request authorized. Jay Fink to handle.
Handout or Reference Materials:
1. Letter to Mr. Alberto Espinosa, from Signal Technology Enterprises, from Kathie G. Brooks, Interim
City Manager, dated July 17, 2012 RE: ITB No. 46-11/12.
8:47:46 p.m.
C2F Request For Approval To Re-Issue A Request For Proposals (RFP) For The Acquisition Of A
Mobile And/Or Handheld License Plate Recognition (LPR) Parking Enforcement System With
Certain Amended Requirements.
(Parking Department)
ACTION: Item separated by Commissioner Libbin and heard in conjunction with C7H.
Request authorized. Motion made by Commissioner Libbin; seconded by Vice-Mayor Exposito
Voice vote: 7-0. Saul Frances to handle.
Commissioner Libbin had asked for modifications on the credit card, and explained that the way
this RFP was written was so tight, that the intent was that one vendor be able to provide two
different services, and after sending it out to all the Bid Net subscribers, only two people were
found to be qualified, and that is the reason for reissuing. He also separated item C7H because
it is a similar situation with the Parks and Recreation software. He asked for more flexibility and
for staff to do more research, prior to issuing RFP’s and RFQ’s, and to have enough latitude in
the verbiage when writing RFP’s or RFQ’s to make them achievable prior to issuance. Saul
Frances to handle.
C2G Request For Approval To Award A Contract To Showturf, LLC, Pursuant To Invitation To Bid
(ITB) 45-11/12, For Lease Of Golf Course Turf Maintenance Equipment For The Normandy
Shores Golf Club, For A Period Of Forty-Eight (48) Months, With Monthly Installments Of
$8,567.48 With Lease Schedule Beginning On August 27, 2012, And Authorize The Mayor And
City Clerk To Execute A Four Year Master Lease Agreement With Deere Credit, Inc. In The Total
Amount Of $411,239.04.
(Parks & Recreation)
ACTION: Request authorized. Kevin Smith to handle.
C2H Request For Approval To Award A Contract To Underpower Corporation, Pursuant To Invitation
To Bid (ITB) No. 44-11/12, For Maintenance Of Street Lighting On State Roads Within The
Miami Beach City Limits, At The Rate Of $7.95 Per Light, Per Month, In The Total Annual
Amount Of $77,464.80; And $0.50 Per WiFi Node, Per Month, For A Total Annual Amount Of
$510.00.
(Public Works/Procurement)
ACTION: Request authorized. Fred Beckmann and Raul Aguila to handle.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 11
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
C2I Request For Approval To Issue A Request For Qualifications (RFQ) For The Purpose Of
Conducting And Documenting A Detailed Facilities Condition Assessment Of Various
Buildings/Assets Owned By The City Of Miami Beach, And To Develop A Schedule For Assets
And Equipment Replacement Within The Buildings To Include Current And Projected Future
Replacement Costs.
(Public Works/Procurement)
ACTION: Request authorized. Fred Beckmann and Raul Aguila to handle.
C2J Request For Approval To Issue A Request For Qualifications (RFQ) For The Purpose Of
Conducting The Required 40-Year Building Recertification And Subsequent 10-Year Building
Recertification, As Required By Miami-Dade County Code.
(Public Works/Procurement)
ACTION: Request authorized. Fred Beckmann and Raul Aguila to handle.
C2K Request For Approval To Issue A Request For Proposals (RFP) For Maintenance And Security
Services For The Lincoln Road Mall Service Area.
(Public Works)
ACTION: Item withdrawn.
C4 - Commission Committee Assignments
C4A Referral To Neighborhood/Community Affairs Committee - Discussion Regarding A Request
Related A Plaque Being Placed At City Hall In Honor Of Rose Weiss, As The Rose Weiss Park
Is Now Known As The Washington Park & Community Garden.
(Requested by Vice-Mayor Jorge R. Exposito)
ACTION: Referred. Barbara Hawayek to place on the committee agenda. Kevin Smith to
handle.
C4B Referral To Land Use And Development Committee – Discussion Concerning Idling Ordinance.
(Requested by Commissioner Michael Góngora)
ACTION: Item withdrawn by Commissioner Góngora.
C4C Referral To The Neighborhood/Community Affairs Committee - Discuss Bringing A New Festival
Of The Arts To North Beach.
(Requested by Commissioner Jerry Libbin)
ACTION: Referred. Barbara Hawayek to place on the committee agenda. Max Sklar to
handle.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 12
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
C4D Referral To The Land Use And Development Committee Regarding A Proposed Easement
Agreement With Shelborne Associates, GP, Costello Investments, Inc., And Shelborne Ocean
Beach Hotel Condominium Association, Inc., Owners Of The Property Located At 1801 Collins
Avenue, For A Lift Station And Associated Connection To City’s Sanitary Sewer System In The
Public Right Of Way Of 18th Street, With A Total Area Of 527 Square Feet.
(Public Works)
ACTION: Referred. Richard Lorber to place on the committee agenda and to handle.
C4E Referral To The Neighborhood/Community Affairs Committee - Discuss Collins Canal Centennial
Celebration.
(Requested by Vice-Mayor Jorge R. Exposito)
ACTION: Referred. Barbara Hawayek to place on the committee agenda. Max Sklar to
handle.
C4F Referral To The Land Use And Development Committee - Discussion Regarding Miami Beach
United Resolutions, Addressing The Issue Of Compatibility Of Certain Uses In Proximity To
Residential Uses, To Create Safeguards While Allowing For Flexibility Of Development.
(Requested by Commissioner Michael Góngora)
ACTION: Referred. Richard Lorber to place on the committee agenda and to handle.
C4G Referral To The Finance And Citywide Projects Committee - Discussion Concerning
Supplemental Health Benefits To City Employees At No Cost To The City From Liberty National.
(Requested by Commissioner Michael Góngora)
ACTION: Referred. Patricia Walker to place on the committee agenda. Ramiro Inguanzo to
handle.
C4H Referral To The Finance And Citywide Projects Committee - Discussion Regarding The
Wolfsonian - FIU Master Plan And Washington Avenue Initiatives.
(Requested By Vice-Mayor Jorge R. Exposito)
ACTION: Referred. Patricia Walker to place on the committee agenda. Richard Lorber to
handle.
ADDENDUM No.1:
C4I Referral To The Land Use And Development Committee - Discussion Regarding The
Commission Serving As The Evaluation Committee In Larger Significant Projects.
(Requested by Commissioner Jonah Wolfson)
ACTION: Referred. Richard Lorber to place on the committee agenda. Raul Aguila to
handle.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 13
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
7:59:36 p.m.
ADDENDUM No.1:
C4J Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding “Booting”
Services And Raising The Allowable Rate Per Vehicle, Which Is Now $25 each.
(Requested by Mayor Matti Herrera Bower)
ACTION: Item separated by Commissioners Weithorn and Wolfson. Referred. Motion
made by Commissioner Góngora to refer the item to the Neighborhood/Community Affairs
Committee in September, followed by the Finance and Citywide Projects Committee in October.
After that, it should be referred to the Transportation and Parking Committee; seconded by
Commissioner Weithorn; Voice vote: 7-0. Barbara Hawayek and Patricia Walker to place on the
committees’ agendas. Saul Frances to handle.
Referrals:
1. To Neighborhood/Community Affairs Committee in September
2. Subsequently to the Finance and Citywide Projects Committee in October
3. After Finance, refer to the Transportation and Parking Committee.
Commissioner Weithorn stated that she needs to understand this issue, its ramifications, if it is
used in other cities, how are they using it, etc. She suggested referring this item for a global
discussion to the joint meeting of the Neighborhood/Community Affairs Committee and the
Finance and Citywide Projects Committee; seconded by Commissioner Góngora.
Discussion held.
Commissioner Weithorn stated that it should also be referred to the Land Use and Development
Committee. No second offered.
Discussion continued.
Motion made by Commissioner Wolfson to refer to the Neighborhood/Community Affairs
Committee, Finance and Citywide Projects Committee, Land Use and Development Committee
and the Transportation and Parking Committee. No second offered.
Discussion continued.
Motion:
Motion made by Commissioner Góngora to refer item to Neighborhood/Community Affairs
Committee in September, followed by the Finance and Citywide Projects Committee in October;
seconded by Commissioner Weithorn.
Commissioner Wolfson suggested that after the item is discussed at Finance, it should be
referred to the Transportation and Parking Committee. Saul Frances to handle.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 14
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
ADDENDUM No. 2:
C4K Referral To The Neighborhood/Community Affairs Committee - Discuss The Log Cabin Property
And The Possibility Of A Collaborative Community Center.
(Requested by Commissioner Edward L. Tobin)
ACTION: Referred. Barbara Hawayek to place on the committee agenda. Max Sklar to handle.
Item R9G moved to Consent
C4L Discuss And Refer To The Finance And Citywide Projects Committee - Pension Reform And The
Budget Advisory Committee’s Recommendation To Discuss Positional For Referendum.
(Requested by Vice-Mayor Jorge R. Exposito)
ACTION: Discussion held. Item referred. Item moved to the Consent Agenda as a
referral. Patricia Walker to place on the committee agenda. Carla Gomez to handle.
C6 - Commission Committee Reports
C6A Amended Report Of The Land Use And Development Committee Meeting On May 16, 2012: 1)
Board Member Qualifications And Categories. 2) Discussion On The Parking Requirement And
How We Can Incentivize For Good Hotel Development. 3) Discussion On RM-2 Zoning District
Regulations. 4) Discussion Of Jurisdiction Of Land Use Boards Over Appeals. 5) Discussion Of
Procedures For Obtaining Informal Opinions And Formal Administrative Determinations From
The Planning Director. 6) Discussion Regarding Changing The Permitted Uses In A CD-2 District
To Allow For Self Storage. 7) Follow-Up Discussion Of Controlled, Limited And Attentive Off-
Leash Hours At Pine Tree Park. 8) Discussion On Artificial Grass At Hotels And Homes And The
Planning Department Procedure For Approving Same. 9) Discussion Regarding A Resolution By
The Historic Preservation Board To Modify The Code Governing The Voluntary Designation Of
Single Family Homes. 10) Reduced Parking Rates For Hotel Employees. 11) Discussion
Regarding Not Charging Double Permit Fees For People Who Come Forward And Request
Permits For Work Done Without A Permit. 12) Discussion Concerning The Terminal Island Traffic
Study And Circulation Study. 13) Discussion On Ways To Enhance The Land Use Boards Of
Miami Beach In Order To Improve The City Of Miami Beach Building And Planning Department
And Processes. 14) Request From City Attorney’s Oversight Committee For Referral To Land
Use And Development Committee To Discuss Amendment To Section 30-36, Appointment Of
Chief Special Master.
ACTION:
Item No. 1: Board Member Qualifications And Categories
Deferred
Item No.2: Discussion On The Parking Requirement And How We Can Incentivize For
Good Hotel Development
Richard Lorber introduced the item and how the proposal would be similar to parking
requirements in other urban hotel areas throughout the area. The Committee expressed general
approval for referral to the Planning Board.
MOTION: Libbin/Wolfson: (3-0) Refer to Planning Board
Item No. 3: Discussion On RM-2 Zoning District Regulations
Jorge Gomez introduced the item. Steve Polisar indicated that they met with staff and Mr. Del
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 15
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
Vecchio and Mrs. Marcus. Resident of the Capri Hal Phillips spoke. Mr. Marcus spoke. Richard
Lorber explained how the ordinance would require Conditional Use approval by the Planning
Board, which must be noticed to all residents within 375 feet.
MOTION: Libbin/Wolfson: (3-0) refer ordinance to planning Board.
Item No. 4: Discussion Of Jurisdiction Of Land Use Boards Over Appeals
MOTION: Libbin/Wolfson: (3-0): Deferred from LUDC - Referred to Charter Review Committee.
Item No. 5: Discussion Of Procedures For Obtaining Informal Opinions And Formal
Administrative Determinations From The Planning Director
MOTION: Libbin/Wolfson: (3-0) Deferred from LUDC - Referred to Charter Review Committee.
Item No. 6: Discussion Regarding Changing The Permitted Uses In A CD-2 District To
Allow For Self Storage
Richard Lorber introduced the item. Commissioner Libbin asked for Wayne Pathman to explain
the proposed project. Attorney Wayne Pathman discussed the plans for a mini storage
warehouse at 7th Street and Alton Road. David Blum spoke about the storage business. Jeff
Donnelly from the Flamingo Park Neighborhood Association spoke. The Committee discussed
the impact of the proposal on the neighborhood, and what kind of signage could be limited.
MOTION: Libbin/Wolfson: (3-0) Refer to Planning Board with direction to address limiting the
proliferation of this issue in the CD-2 districts, and to address the issues of signage; item to
return to the LUDC prior to going to Commission.
Item No. 7: Follow-Up Discussion Of Controlled, Limited And Attentive Off-Leash Hours At
Pine Tree Park
Hilda Fernandez introduced the item and discussed the bark park options. Kevin Smith
explained that, pending additional direction from the committee, a capital budget project request
for the expansion of the dog park was submitted as a request, in the FY 2012/2013 capital
budget, but no other funding was available or otherwise authorized. Discussion centered on the
expansion of the existing bark park, with seating for dog owners and a fountain for the dogs.
Commissioner Libbin asked about the $105,000 budget estimate and how it would be used.
Residents spoke, Richard Kendle spoke. Jonathan Groff, Chair of the Park Board spoke. Mark
Derr spoke about the parking lot at the park. Gordon Loader spoke. Commissioner Libbin
expressed support for a larger fenced dog park.
MOTION: Libbin/Wolfson (3-0) Expand the dog park, as shown in the approved plans, but keep it
fenced, subject to County approval if the City Attorney’s Office determines it is required.
Item No. 8: Discussion On Artificial Grass At Hotels And Homes And The Planning
Department Procedure For Approving Same
The item was discussed by Committee.
MOTION: Wolfson/Libbin (3-0) Send both version to the full commission.
City Clerk’s Note: See Item R5H.
Item No. 9: Discussion Regarding A Resolution By The Historic Preservation Board To
Modify The Code Governing The Voluntary Designation Of Single Family Homes
Deferred
Item No. 10: Reduced Parking Rates For Hotel Employees
Deferred
Item No. 11: Discussion Regarding Not Charging Double Permit Fees For People Who
Come Forward And Request Permits For Work Done Without A Permit
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 16
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
Deferred
Item No. 12: Discussion Concerning The Terminal Island Traffic Study And Circulation
Study
MOTION: Libbin/Góngora (2-0) Direct staff to meet with FPL and bring back an update at the
next meeting.
Item No. 13: Discussion On Ways To Enhance The Land Use Boards Of Miami Beach In
Order To Improve The City Of Miami Beach Building And Planning Department And
Processes
The Committee discussed the proposals, including residency requirements, appeal of board
decisions, and other points.
MOTION: Bring back to Committee with additional suggestions.
Item No. 14: Request From City Attorney’s Oversight Committee For Referral To Land Use
And Development Committee To Discuss Amendment To Section 30-36, Appointment Of
Chief Special Master.
The Committee discussed the matter with the City Attorney.
MOTION: Send to full commission
C6B Report Of The Land Use And Development Committee Meeting Of June 13, 2012: 1) Board
Member Qualifications And Categories. 2) Discussion Regarding A Resolution By The Historic
Preservation Board To Modify The Code Governing The Voluntary Designation Of Single Family
Homes. 3) Reduced Parking Rates For Hotel Employees. 4) Discussion Regarding Not Charging
Double Permit Fees For People Who Come Forward And Request Permits For Work Done
Without A Permit. 5) Discussion Regarding A Possible Charter Amendment Restricting The
Manner In Which Changes To Current Land Use Regulations Can Be Made. 6) Discussion On
Ways To Enhance The Land Use Boards Of Miami Beach In Order To Improve The City Of
Miami Beach Building And Planning Department And Processes. 7) Discussion On Policy
Consideration Regarding The Granting Of Subterranean Or Aerial Rights Over Public Property.
ACTION:
Item No. 1: Board Member Qualifications And Categories.
Richard Lorber and Jorge Gomez introduced the item and discussed the various changes that
have been made, and discussed Commissioner Weithorn’s concern regarding the definition of
Financial Consultant. The Committee discussed adding a category of landscape architect to one
or more of the Boards. Staff in consultation with the City Attorney’s Office, is to explore the
ability to clarify by ordinance, the Board of Adjustment’s Financial Consultant category, for
second reading.
MOTION: Libbin/Góngora: (2-0). HPB section, amend lawyer to be licensed in U.S.
MOTION: Libbin/Góngora: (3-0). PB to add Landscape Architect to category one.
Item No. 2: Discussion Regarding A Resolution By The Historic Preservation Board To
Modify The Code Governing The Voluntary Designation Of Single Family Homes
Deferred
Item No. 3: Reduced Parking Rates For Hotel Employees
Deferred
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 17
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
Item No. 4: Discussion Regarding Not Charging Double Permit Fees For People Who
Come Forward And Request Permits For Work Done Without A Permit
Deferred
Item No. 5: Discussion Regarding A Possible Charter Amendment Restricting The Manner
In Which Changes To Current Land Use Regulations Can Be Made
Deferred (Note: This item will be placed on the City Commission Agenda of July 18, 2012.
City Clerk’s Note: See Item R7E.
Item No. 6: Discussion On Ways To Enhance The Land Use Boards Of Miami Beach In
Order To Improve The City Of Miami Beach Building And Planning Department And
Processes
Jorge Gomez reviewed the points discussed by the Committee at last month’s meeting.
Commissioner Wolfson indicated that he would prefer that appeals come to the City
Commission. The Committee discussed appeals, and directed that staff review other
jurisdictions’ approach. Richard Lorber discussed additional recommendations from staff,
including concurrent Board reviews, streamlining minor variances, and Planning Board review of
docks. Terry Bienstock discussed the Planning Board hearing regarding Palau. Commissioner
Libbin discussed enhancing the public’s ability to get information on projects through using
technology, using email. Adam Shedroff spoke regarding the idea of appeals by citizens to the
Commission after a Board approves a project. Jo Manning asked that the Committee let the
citizens know what they are going to do.
MOTION: Libbin/Wolfson: (3-0). Bring a list of the most commonly occurring variances from the
Board of Adjustment that could be eliminated by amending the Land Development Regulations.
(Note: Commissioner Tobin referred a similar item dealing with notice requirements of
deminimus variances that will be addressed in conjunction with this item).
Item No. 7: Discussion On Policy Consideration Regarding The Granting Of Subterranean
Or Aerial Rights Over Public Property.
Jorge Gomez introduced the issue of private use of public air-rights or sub-surface rights, and
the required Commission approval for these types of requests. The issue of criteria for the
approval of easements or revocable permits should be addressed similarly to the Shapiro
Ordinance criteria; Richard Lorber read the criteria from Section 82-38. The Committee also
discussed the policy question regarding the proper method for effectuating these requests,
whether by revocable permit, or easement, or other instrument, and possibly including financial
remuneration to the City. The Committee indicated that these types of requests should be in the
form of easement agreements but decided as a public hearing like revocable permits. Michael
Larkin indicated that his client would agree that his request should be re-advertised as an
easement, for the September City Commission meeting. He objected to being required to pay
for the City’s appraisal. The Committee discussed the appraisal cost, suggesting that the fee for
the application could include the cost of the appraisal. Neisen Kasdin discussed appraisal
methodology with the Committee. The Committee discussed setting the required public
hearings, sending the issue of appraisal and methodology to Finance. Mr. Kasdin then
presented the Atlantic Hotel project. The Committee expressed satisfaction with the proposed
project, and discussed how the City should treat similar requests for these types of approvals of
underground parking easements. Neisen Kasdin expressed that they are prepared to proffer a
grade level beachwalk as part of the project. The Committee then discussed thresholds for
future approvals, expressing that large projects should probably have additional public hearings,
but smaller ones might not need it. The Administration will bring back draft outline of how to deal
with these requests in the future for further impact.
MOTION: Libbin/Wolfson: (3-0) For the Tides Bridge over the alley, general approval of the
concept, setting the required public hearings, sending the issue of appraisal and methodology to
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 18
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
Finance.
MOTION: Libbin/Wolfson: (3-0) For the Atlantic Hotel underground parking easement, move to
Finance with the recommendation to move forward with the appraisal process.
C6C Report Of The Finance And Citywide Projects Committee Meeting On June 1, 2012: 1) 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:
Item No. 1
ACTION: The Committee reviewed the six candidates and selected two to be brought back at the
June 5, 2012 Finance and Citywide Projects Committee Meeting for an interview/presentation.
C6D Report Of The Finance And Citywide Projects Committee Meeting On June 5, 2012: 1) 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:
Item No. 1
ACTION: The Committee ranked the two candidates as follows: 1. Crowe Horwath, TCBA
Watson Rice; and in the event that the City cannot come to terms with Crowne Horwath with
regards to scope, the Committee then recommended moving forward with the second ranked
firm TCBA Watson Rice.
C6E Report Of The Finance And Citywide Projects Committee Meeting On June 28, 2012: 1)
Discussion Regarding A Proposed Ordinance On Ethics Guidelines For Acceptance Of Gifts,
Favors, Or Services By City Employees. 2) Status Report From The Engineering Company
Assigned To Do The City’s Citywide Stormwater Master Plan. 3) Approval Of Scope Of Services
And Criteria For Outsourcing Of Lincoln Road Mall Maintenance Services RFP. 4) Discussion
Regarding Development Of Criteria And Procedures For Use Of The Commission Chamber. 5)
Discussion Regarding The Appropriateness Of Granting A Perpetual Sub-Surface Easement To
Collins 3300, LLC And 3420 Collins Avenue, LLC, For A Proposed Sub-Surface Parking Garage.
6) Discussion Regarding CDBG Funding For Fixing Storefronts. 7) Discussion Regarding
Advertising On Deco Bike Stations.
ACTION:
Item No. 1: Discussion Regarding A Proposed Ordinance On Ethics Guidelines For
Acceptance Of Gifts, Favors, Or Services By City Employees
ACTION: The Committee recommended that the item be brought back to the Finance and
Citywide Projects Committee and then brought to the September 12, 2012 Commission Meeting.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 19
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
Item No. 2: Status Report From The Engineering Company Assigned To Do The City’s
Citywide Stormwater Master Plan
ACTION: The Committee recommended that the item be brought back to the August Finance
and Citywide Projects Committee meeting and that a special meeting be set up for the Public
Works Director and the public to discuss technical issues with the Stormwater Master Plan.
Item No. 3: Approval Of Scope Of Services And Criteria For Outsourcing Of Lincoln Road
Mall Maintenance Services RFP.
ACTION: The Committee recommended that in concept the item be moved and brought to the
September 12, 2012 Commission Meeting Subject to Mr. Beckmann meeting with Chairperson
Weithorn and Commissioner Exposito to further refine the Request for Proposal.
Item No. 4: Discussion Regarding Development Of Criteria And Procedures For Use Of
The Commission Chamber
ACTION: Item deferred
Item No. 5: Discussion Regarding The Appropriateness Of Granting A Perpetual Sub-
Surface Easement To Collins 3300, LLC And 3420 Collins Avenue, LLC, For A Proposed
Sub-Surface Parking Garage
ACTION: The Committee recommended using fee simple methodology for valuation of the
easements with flexibility to have discounts when appropriate base on the recommendation from
the City Appraiser.
Item No. 6: Discussion Regarding CDBG Funding For Fixing Storefronts
The Committee recommended that a start date of August 31, 2012 for the acceptance of
applications be established.
Item No. 7: Discussion Regarding Advertising On Deco Bike Stations.
The Committee recommended moving forward with option J and bringing the item to the full
Commission.
C7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or Her Designee To Submit
Applications To: 1) Miami-Dade County Homeless Trust For Primary Care Housing And Services
Funds In The Approximate Amount Of $75,000 For The City’s Homeless Outreach Program; 2)
Miami-Dade County ADA Parking Fines Program For Funding In The Approximate Amount Of
$90,000 For The City’s Eligible ADA Projects; 3) Assistance To Firefighters Grant Program For
Funding In The Approximate Amount Of $45,000 For Equipment For Fire Department
Operations; Appropriating The Above Grants, Matching Funds And City Expenses, If Approved
And Accepted By The City, And Authorizing The Execution Of All Documents Related To These
Applications.
(Budget & Performance Improvement)
ACTION: Resolution 2012-27936 adopted. Patricia Walker to appropriate the funds if
approved and accepted. Judy Hoanshelt to handle.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 20
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
C7B A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Firms, Pursuant To Request For Qualifications (RFQ) No. 24-11/12, For Citywide Surveying,
Topographical, And Mapping Services On An As-Needed Basis; Authorizing The Mayor And City
Clerk To Execute Agreements Upon Completion Of Successful Negotiations With The Three
Top-Ranked Proposers: Atkins North America, Inc., F.R. Aleman & Associates, Inc., And Miller
Legg; And Should The Administration Not Be Able To Successfully Negotiate An Agreement
With Any Of The Three Top-Ranked Firms, Authorizing The Administration To Negotiate With
The Fourth And Fifth-Ranked Firms, Woolpert, Inc. And Manuel G. Vera & Associates, Inc. As
Needed Respectively; And Further Authorizing The Mayor And City Clerk To Execute
Agreements Upon Conclusion Of Successful Negotiations By The Administration.
(Capital Improvement Projects/Procurement)
ACTION: Resolution 2012-27937 adopted. Fernando Vazquez and Raul Aguila to handle.
11:25:20 a.m.
C7C Appointment Of Chief Special Master
1. A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Section
30-36 Of The Code Of The City Of Miami Beach, Concerning The Appointment Of
Enrique Zamora, Esq., To Serve As Chief Special Master, For A Term Commencing On
September 15, 2012, And Ending On March 14, 2013; Provided Further That Chief
Special Master Zamora Shall Be Authorized To Hold Hearings And Impose Fines, Liens
And Other Non-Criminal Penalties Against Violators Of The City And County Codes And
Ordinances, And Shall Also Be Authorized To Appoint Such Other Special Masters As
May Reasonably Be Required To Conduct The Subject Hearings; And Further
Incorporating All Other Matters Set Forth Within Chapter 30 Of The City Code, Including,
Without Limitation, Sections 30-37 And 30-38 Thereof, Concerning The Compensation
And Duties Of The Chief Special Master.
ACTION: Item separated by Mayor Bower and Commissioners Góngora and
Weithorn. Motion made by Commissioner Góngora to reconvene the City Attorney’s
Oversight Committee, refer this item to an August meeting for review and
recommendations for improvements, and bring item back to the September 12 City
Commission meeting; seconded by Commissioner Tobin; Voice vote: 7-0. Lilia Cardillo to
place on the Commission Agenda. City Attorney’s Office to handle.
RECOMMENDATIONS:
• Refer to the City Attorney’s Oversight Committee in August
• Bring back to the September 12, 2012 City Commission Meeting
• Discuss the reassignment of Special Master tasks at the budget meeting, in the event
that the City Clerk reports to the City Commission – See item R7D
End
Chief Special Master Abraham Laeser made reference to a letter he wrote to the City
Commission and expressed his concern as to his replacement; he explained that some of
his appointees to Special Master were found to be in disfavor, and this was impeding his
reappointment. He has discussed this issue with the City Attorney and has been told the
reason for him not being renominated to another term is essentially because the present
Special Masters are no longer wanted in their position. This is a decision exclusively in
the purview of the Chief Special Master; and the question to ask is, what is the purpose of
the Chief Special Master’s appointment? Is it to be independent or to do what the City
wants? The principle is what is the level of independence expected from the Chief
Special Master? His suggestion is that this Commission makes the decision, as long as it
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 21
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
is made for the right reasons.
Mayor Bower thanked Chief Special Master Laeser for expressing his concerns.
Commissioner Góngora asked the Interim City Manager what is the City Attorney’s role in
recommending a Special Master.
Kathie G. Brooks, Interim City Manager, explained that pursuant to City Code, both the
City Manager and the City Attorney make the determination that the Chief Special Master
has the knowledge, skills and abilities for the position, and a recommendation was made
to her by the City Attorney and there were concerns expressed in regards to the overall
management process; some of those concerns affect the Manager’s staff in the Clerk’s
Office, and there are things needed to be done in terms of training staff and looking at the
level of staff assigned. She met with Chief Special Master Laeser and he also reaffirmed
those issues, but there were concerns expressed regarding consistency of cases or
similar outcomes. In speaking with Special Master Enrique Zamora, who was
recommended for the Chief position, Ms. Brooks interpreted that he would ensure more
consistency as far cases outcomes, he would meet regularly with all the Special Masters,
and her understanding was that he would interview the current Special Masters prior to
making any decisions as to who would or would not continue.
Discussion held.
Commissioner Góngora disclosed having served as Special Master at the same time as
Enrique Zamora and because of his background he tends to receive calls and complaints
on code compliance and the Special Master system, and he does not think the system is
working well, that is why he recommended reconvening the City Attorney’s Oversight
Committee to make improvements.
Discussion held.
Chief Special Master Laeser explained that there have been changes in personnel in the
Special Master’s Office; one senior clerk retired, and there have been some problems
with the transition to a new clerk, but he believes this will improve with time.
Mayor Bower suggested that the reassignment of the Special Master task be discussed
at budget briefings, in the event that the City Clerk’s Office reports to the Commission.
Kathie G. Brooks to handle. (See Item R7D).
Discussion held.
Vice-Mayor Exposito stated that the Special Master should be autonomous in their
decision making process, defer to the City Attorney’s Office on issues of legal matter to
provide a ruling; but he believes the residents and business community should be able to
appear in front of the Special Master and feel that they are getting a fair play and a non-
bias decision made by someone who listens to both sides of the stories and all the
circumstances. There is room for improvement, and suggested putting this through a
process to see what changes can be made.
Discussion continued.
Commissioner Weithorn stated that from a transparency perspective, the process should
be reviewed.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 22
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
Mayor Bower thanked Mr. Laeser for coming, and stated that the Special Master process
should be revamped. The City Attorney’s Oversight Committee should review this
process and she requested that the City Commission be invited as well as the Chief
Special Master. City Attorney’s Office to handle.
Discussion continued.
Jose Smith, City Attorney, stated that he agrees with the recommendation made by the
City Commission and agrees with discussing this at Oversight Committee. He stated that
he has a lot of respect for Abe, this is not about the Special Masters. Throughout the
years, he has never discussed a pending case in front of any of the Special Masters; and
he only discusses general legal principles with the Chief Special Master. His job is to
discuss legal principles with the Chief, and in those rare occasions, where in his judgment
legal principles are being misapplied, subjecting the City to potential legal liability, he
makes his views known to the Chief Special Master. He has never spoken to any of the
other Special Masters nor to Mr. Zamora. In the spirit of implementing certain reforms,
Enrique Zamora suggested to him and the former City Manager issues having to do with
consistency, judicial demeanor, skills, the ability to relate to residents and businesses,
and it was in the spirit of trying to improve the system that the City Manager and the City
Attorney’s Office recommended Enrique Zamora to become the new Chief Special
Master with total independence and authority to decide who, if any of the existing Special
Masters, would stay or not stay.
Chief Special Master Laeser invited the City Commission to attend the next Special
Master Hearing and gain some insight into what takes place, and added that he believes
that a lot of the serious problems with the late night scheduling issues and conflicts have
all been resolved.
Motion made by Commissioner Góngora to refer the discussion to the City Attorney’s
Oversight Committee; seconded by Commissioner Tobin. Voice-vote: 7-0.
City Clerk’s Note: See Item R7D.
2. A Resolution Approving And Appointing, Pursuant To Section 102-356 Of The City Code,
Enrique Zamora, Esq., (Chief Special Master Appointed Pursuant To Resolution No.
__________), As The City Manager’s “Designee” Under Section 102-356 Of The City
Code; Said Designation Commencing With Mr. Zamora’s Term As Chief Special Master
On September 15, 2012, And Ending On March 14, 2013.
(City Clerk’s Office)
ACTION: No action taken. Item referred to the City Attorney’s Oversight
Committee. City Attorney’s Office to handle.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 23
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
8:18:15 p.m.
SUPPLEMENTAL MATERIAL 1: Resolution
C7D A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendments To
The Contracts Between The City Of Miami Beach And, Respectively, 1.) Central Poly Corp.; 2.)
Dermatec Direct; 3.) Hospitality Purchasing LLC; 4.) Hudson Plastic Corp.; 5.) Janitor’s Supply
Outlet; 6.) Pride Enterprises; 7.) Rex Chemical Corp.; 8.) Songahi, Inc.; 9.) Totalpack, Inc.; And
10.) Troy Industries, Inc.; Dated August 8, 2011, For The Purchase Of Janitorial Supplies, In The
Total Estimated Annual Amount Of $183,000; Said Amendments Approving The First Year
Renewal Option Of The Contracts, And Further Amending Section 2.2 Thereof (Terms) To Allow
Subsequent Renewal By The City Manager.
(Procurement)
ACTION: Item separated for discussion by Commissioner Libbin. Resolution 2012-27938
adopted. Motion made by Commissioner Libbin; seconded by Commissioner Tobin; Voice vote:
6-0; Absent: Commissioner Góngora. Raul Aguila to handle.
Commissioner Libbin explained the reason why he separated this item, and suggested extending
the contract on a month-to-month basis until a green purchasing policy is developed. This issue
is being discussed by the Sustainability Committee with Purchasing.
SUPPLEMENTAL MATERIAL 2: Resolution
C7E A Resolution Approving The Settlement In The Amount Of $15,000.00 For City Liens On
Property Owned By Sunset Apartments, LLC, Located At 1545 Drexel Avenue, Miami Beach,
Florida, In The Original Amount Of $358,708.15, And Further Authorizing The City Manager To
Take Such Action And Execute Any And All Necessary Documents To Complete Such Lien
Release And Settlement.
(Finance Department/City Attorney’s Office)
ACTION: Resolution 2012-27939 adopted. City Attorney’s Office and Patricia Walker to
handle.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 24
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
8:45:50 p.m.
C7F A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Firms, Pursuant To Request For Proposals (RFP) No. 34-11/12 For Auditing Services To
Examine The City’s Basic Financial Statements Included In The City’s Comprehensive Annual
Financial Report (CAFR), Federal Grant Programs And State Projects (OMB A-133 Single Audit),
The Miami Beach Redevelopment Agency’s Basic Financial Statements (RDA), The Parking
Systems Fund’s (PSF) Financial Statements, The Miami Beach Visitor And Convention
Authority’s (VCA) Financial Statements, The Miami Beach Convention Center Financial
Statements, The Building Better Communities Bond Program (BBC), The Children Trust Grant
Program (CT), And The Safe Neighborhood Parks And Bond Program (SNP); Authorizing The
Administration To Enter Into Negotiations With The Top-Ranked Firm, McGladrey, LLP., And
Should The Administration Not Be Able To Negotiate An Agreement With The Top-Ranked Firm,
Authorizing The Administration To Negotiate With The Second-Ranked Firm, Cherry, Bekaert &
Holland, LLP.; And Further Authorizing The Mayor And City Clerk To Execute An Agreement
Upon The Completion Of Successful Negotiations By The Administration, With Such Agreement
Having A Five (5) Year Term, Through And Including The Audit Of Fiscal Year Ending
September 30, 2016, With Additional Years Of The Engagement To Be Subject To The Audit
Committee And Confirmation By The City Commission Annually.
(Finance Department)
ACTION: Item separated for discussion by Commissioner Libbin. Resolution 2012-27940
adopted as amended. Motion made by Commissioner Libbin; seconded by Commissioner
Weithorn; Voice vote; 6-0; Absent: Commissioner Góngora. Patricia Walker to handle.
Amendment:
Renew contract for two years
End
Commissioner Libbin stated that he separated this item based on the statement made by Larry
Herrup that it would be a good idea rotating auditing firms. He agrees with hiring them for one
year, but not for five years.
Commissioner Weithorn suggested rotating firms every three years.
Discussion held.
Motion made by Commissioner Libbin to renew the contract for two years; seconded by
Commissioner Weithorn; Voice vote: 6-0; Absent: Commissioner Góngora.
C7G A Resolution Accepting The Recommendation Of The City Manager Relative To The Ranking Of
Proposers, Pursuant To Request For Proposals (RFP) No. 34-10/11 To Provide Testing Services
For Police And Fire Entry Level Positions And Classified Promotional Classifications; And/Or To
Provide Consultation Services For Sworn And Non-Sworn Positions In Order To Develop Job
Analysis, Entry Level And Promotional Tests, Scoring, Minimum Requirements For Job
Background Test Requirements; Authorizing The Administration To Enter Into Negotiations With
Industrial/Organizational Solutions, Inc.; And Further Authorizing The Mayor And City Clerk To
Execute An Agreement Upon The Completion Of Successful Negotiations By The Administration.
(Human Resources)
ACTION: Resolution 2012-27941 adopted. Ramiro Inguanzo to handle.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 25
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
SUPPLEMENTAL MATERIAL 1: Revised Resolution
C7H A Resolution Accepting The Recommendation Of The City Manager To Reject All Proposals
Received Pursuant To Request For Proposals (RFP) No. 20-11/12, To Install And Maintain An
Externally Web Hosted Software For Parks And Recreation; And To Re-Issue A Request For
Proposals (RFP) With Certain Amended Minimum Requirements.
(Parks & Recreation/Procurement)
ACTION: Item separated for discussion by Commissioner Libbin and heard in
conjunction with C2F. Resolution 2012-27942 adopted. See action in C2F.
C7I A Resolution Authorizing The City Manager And City Clerk To Execute The Criminal Justice
Municipality User Authorization Agreement For The Arrest Affidavit Project Sponsored By The
Miami-Dade County Association Of Chiefs Of Police, Between The City Of Miami Beach, On
Behalf Of The Miami Beach Police Department, And The Miami-Dade Police Department, Which
Shall Allow The Miami Beach Police Department To Access And Support The Implementation Of
The Automated Arrest Affidavit Project.
(Police Department)
ACTION: Resolution 2012-27943 adopted. Chief Martinez to handle.
C7J A Resolution Accepting The Donation Of $7,500 From Mr. David Wallack To Purchase A
Specially Trained Canine To Be Utilized By The Miami Beach Police Department Operations
Division Crime Suppression Team, For Narcotics Detection, Seizure, Apprehension And Arrest
Of Subjects Involved In Illegal Narcotics Activity.
(Police Department)
ACTION: Resolution 2012-27944 adopted. Chief Martinez to handle.
SUPPLEMENTAL MATERIAL 1: Resolution
C7K A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No.
1 To The Contract With Radio Satellite Integrators, Inc, Dated June 27th, 2011, In An Amount
Not To Exceed $268,220, To Implement The Public Safety Automated Vehicle Locator (AVL) For
Police And Fire Department Vehicles.
(Procurement)
ACTION: Resolution 2012-27945 adopted. Patricia Walker to appropriate the funds. Raul
Aguila to handle.
City Clerk’s Note: Page 241 of the Commission Agenda; Corrections listed, Page Change title in
summary sheet & Commission Memorandum and in Conclusion to: “A Resolution Approving And
Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The Contract With Radio
Satellite Integrators, Inc, Dated June 27th, 2011, In An Amount Not To Exceed $268,220, To Implement
The Public Safety Automated Vehicle Locator (AVL) For Police And Fire Department Vehicles.” And;
“Page 242, add the following paragraph above “Background”: “For subsequent Fiscal Years,
commencing October 1, 2012, the estimated annual cost of $111,216 associated with the maintenance
of Public Safety AVL system will be subject to funds availability approved through the budgeting
process.”
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 26
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
C7L A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Firms, Pursuant To Request For Qualifications (RFQ) No. 41-11/12, For The Removal And
Disposal Of Derelict Vessels; Authorizing The Administration To Enter Into Negotiations With
The Firms Adventure Environmental, Inc., Biscayne Towing & Salvage, Inc., Blue Water Marine
Services, Inc., Dock And Marine, Construction, Inc., DRC Emergency Services, LLC, And
Underwater Engineering Services, Inc.; And Further Authorizing The Mayor And City Clerk To
Execute Agreements Upon Conclusion Of Successful Negotiations By The Administration; And
Further Approving The City’s Exercise Of A One (1) Year Renewal Term Under The City’s
Contracts For Derelict Vessel Removal And Disposal With The Following Firms: Biscayne
Towing & Salvage, Inc.; Blue Water Marine Services, Inc.; And Dock And Marine Construction,
Inc. (With Such Renewal Term Commencing Retroactively On May 6, 2012, And Ending On May
5, 2013.)
(Procurement)
ACTION: Resolution 2012-27946 adopted. Raul Aguila to handle.
C7M A Resolution Approving, Pursuant To Section 2-367 (d) Of The Miami Beach City Code, The
Sole Source Purchase Of A Mobile Inventory Management System From Motorola Solutions,
Inc., Which Integrates With Cityworks, In The Estimated Total Amount Of $137,067.
(Public Works/Procurement)
ACTION: Resolution 2012-27947 adopted. Raul Aguila and Fred Beckmann to handle.
C7N A Resolution Setting A Public Hearing For The September 12, 2012 Commission Meeting To
Consider Granting An Easement To Collins 3300, LLC And 3420 Collins Avenue, LLC, Owners
Of The Properties Located At 3301 Indian Creek Drive, 3400 Collins Avenue And 3420 Collins
Avenue, For A Proposed Subsurface Parking Garage, That Spans The Entire Width Of The 50-
Foot Public Right-Of-Way Of 34th Street For A Length Of Approximately 93 Feet, Pursuant To
The Procedures And Standards Recommended By The Land Use And Development Committee,
And Finance And Citywide Projects Committee.
(Public Works)
ACTION: Resolution No. 2012-27948 adopted. R. Granado to notice. Lilia Cardillo to place
on the September 12, 2012 Commission Agenda. Fred Beckmann to handle.
C7O A Resolution Setting A Public Hearing For The September 12, 2012 City Commission Meeting,
To Consider Granting A Revocable Permit To Seville Acquisition, LLC, As The Owner Of The
Property Located At 2901 Collins Avenue, To Allow For Decorative Concrete Eyebrows To
Extend 3 Feet Into And 35.45 Feet Along The Public Right-Of-Way On 29th Street And To
Extend 3 Feet Into And 354 Feet Along The Public Right-Of-Way On 30th Street.
(Public Works)
ACTION: Resolution No. 2012-27949 adopted. R. Granado to notice. Lilia Cardillo to place
on the September 12, 2012 Commission Agenda. Fred Beckmann to handle.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 27
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
C7P A Resolution Setting A Public Hearing For The September 12, 2012 Commission Meeting To
Consider Granting An Aerial Easement Agreement With CG Tides, LLC, CG Tides Village, LLC,
CG Tides Village I, LLC And CG Tides Village II, LLC, As The 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-Foot Public Right-Of-Way Of Ocean
Court At A Width Of 9’1” With A Minimum Vertical Height Of 16 Feet Above Ocean Court.
(Public Works)
ACTION: Resolution No. 2012-27950 adopted. R. Granado to notice. Lilia Cardillo to place
on the September 12, 2012 Commission Agenda. Fred Beckmann to handle.
See action in R7A.
SUPPLEMENTAL MATERIAL 1: Resolution
C7Q A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Professional
Services Agreements, In Substantially The Attached Form, For General Transportation Planning
And Traffic Engineering Consulting Services On An As-Needed Basis, For The City Of Miami
Beach, Pursuant To Request For Qualifications No. 55-08/09, With The Following Five Firms:
AECOM USA, Inc., Atkins Global, Inc., The Corradino Group, Inc., Florida Transportation
Engineering, Inc., And Gannett Fleming, Inc.
(Public Works)
ACTION: Resolution No. 2012-27951 adopted. Fred Beckmann to handle.
C7R A Resolution Approving And Authorizing The City Manager And City Clerk To Execute An
Interlocal Agreement, In Substantially The Form Attached, Between All Co-Permittees Named In
National Pollutant Discharge Elimination System Permit No. FLS000003-003 And Miami-Dade
County, Providing For Performance Of Professional Services By Miami-Dade County, And Also
Between All Co-Permittees Providing For Identification And Control Of Pollutant Discharges In
Shared Municipal Separate Storm Sewer Systems, And To Negotiate And Execute Changes To
The Selection Of Activity Participation By Co-Permittees.
(Public Works)
ACTION: Resolution No. 2012-27952 adopted. Fred Beckmann to handle.
SUPPLEMENTAL MATERIAL 1: Resolution
C7S A Resolution Accepting A Utilities Easement, In Substantially The Form Attached To This
Resolution From Dr. Modesto Mora, As The Owner Of Lot 8 And Lot 9 Of The Corrected Plat Of
Star Island, For The Construction, Installation, Operation, And Maintenance Of A Stormwater
Outfall Pipe, To Be Located Within The Easement Area, As Such Area Is Described In This
Resolution And In The Proposed Easement.
(Public Works)
ACTION: Resolution No. 2012-27953 adopted. Fred Beckmann to handle.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 28
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
8:19:00 p.m.
C7T A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Locally Funded
Agreement, A Memorandum Of Agreement, A Maintenance Memorandum Of Agreement, And A
Perpetual Easement Agreement, With The Florida Department Of Transportation, For The
Construction And Maintenance Of Proposed Decorative Street Lights, Landscape, And Irrigation
Improvements As Part Of The State Road A1A/Collins Avenue Project From 5th Street To
Lincoln Road.
(Public Works)
ACTION: Item separated for discussion by Commissioner Libbin. Resolution 2012-27954
adopted with the recommendation by Commissioner Libbin. Motion made Commissioner
Libbin; seconded by Commissioner Weithorn; Voice vote: 6-0; Absent: Commissioner Góngora.
Fred Beckmann to handle.
Recommendation:
There are about three blocks that fall near the RDA and the City can save the General Fund
$93,828 that could be funded from the RDA.
End
Commissioner Libbin stated that he separated this item because there are about three blocks
that fall near the RDA and the City can save the General Fund $93,828 that could be funded
from the RDA. He recommends passing it with this recommendation.
C7U A Resolution Adopting The City's One-Year Action Plan For Federal Funds For Fiscal Year
2012/2013, Which Includes The Budgets For The Community Development Block Grant (CDBG)
Progam, The Home Investment Partnership (HOME) Program And The Fiscal Year 2011-2012
State Housing Initiatives Partnership (SHIP) Program; Authorizing The City Manager To Make
Minor Non-Substantive Changes To The One-Year Action Plan Or Resulting Agreements Before
Execution (Which May Be Identified During The Finalization And/Or Review Process, And Which
Do Not Affect The Purpose, Scope, Approved Budget And/Or Intent Of The Plan); Authorizing
The City Manager To Extend The Expiration Dates Of Said Agreements When Necessary;
Authorizing The City Manager To Execute All Applicable Documents And Submit The One-Year
Action Plan To The U.S. Department Of Housing And Urban Development (HUD); Further
Authorizing The Mayor And City Clerk To Execute Agreements For Sub-Recipients Of CDBG,
HOME And SHIP Funds; And Authorizing The Appropriation Of All Federal And State Funds
When Received.
(Real Estate, Housing & Community Development)
ACTION: Resolution No. 2012-27955 adopted. Anna Parekh to handle.
C7V A Resolution Retroactively Approving And Authorizing The Acceptance Of $18,500 In Cash
Donations (Including Sponsorships) Made To The City For The Annual Fourth Of July
Celebration, A Free Event; And Further Appropriating Said Funds For The Fourth Of July
Celebration; And Authorizing The City Manager Or Her Designee To Make Such Expenditures
And/Or Reimbursements From The Aforestated Donations, In Furtherance Of And Consistent
With The Aforestated Event.
(Tourism & Cultural Development)
ACTION: Resolution No. 2012-27956 adopted. Max Sklar to handle.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 29
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
C7W A Resolution Approving And Authorizing The Mayor And The City Clerk To Execute Retroactive
Amendment No. 13 To The Professional Services Agreement With STA Architectural Group,
Inc., Dated July 17, 1996, For The Fire Station 2 And Hose Tower Refurbishment Projects; Said
Amendment, In The Not To Exceed Amount Of $20,747.36, To Provide Program Revisions And
Design Services For Changes Requested By The Fire Department, And Extended Construction
Administration Services; With Funding From The Capital Reserve Fund 304 Appropriated In The
Capital Budget Fiscal Year 2010/2011.
(Capital Improvement Projects)
ACTION: Resolution No. 2012-27957 adopted. Fernando Vazquez to handle.
SUPPLEMENTAL MATERIAL 1: Memorandum & Resolution
C7X A Resolution Approving A Request By The Miami Beach Garden Conservancy, Inc., To Increase
The Facility Rental Rates For The Miami Beach Botanical Garden, As Recommended By The
Finance And Citywide Projects Committee On July 10, 2012.
(Real Estate, Housing & Community Development)
(Memorandum & Resolution to be Submitted in Supplemental)
ACTION: Resolution No. 2012-27958 adopted. Anna Parekh to handle.
C7Y A Resolution Approving Pursuant To Section 2-367 (d) Of The Miami Beach City Code, The
Sole Source Purchase Of Replacement Parts And Service For The Existing Channel Monster
Grinder At Sewer Pump Station No. 28 (28th Street/Pine Tree Drive) From JWC Environmental,
The Manufacturer Of The Grinder, And Exclusive Supplier Of Replacement Parts, In The
Estimated Annual Amount Of $35,381.99 For Fiscal Year 2011/12, And The Purchase Of A
Spare Channel Monster Grinder In The Estimated Amount Of $134,844.
(Public Works/Procurement)
ACTION: Resolution No. 2012-27959 adopted. Fred Beckmann and Raul Aguila to handle.
8:20:06 p.m.
SUPPLEMENTAL MATERIAL 2: Memorandum
C7Z A Resolution Approving In Substance The Terms Of A Professional Services Agreement With
The International City County Management Association (“ICMA”) For Review And
Recommendations For Efficiencies For The Police And Fire Departments; Authorizing The City
Manager And City Attorney’s Office To Negotiate And Draft The Agreement Based Upon The
Approved Terms; And Authorizing The Mayor And City Clerk To Execute The Final Agreement In
An Amount Not To Exceed $120,000.
(Finance Department)
(Memorandum & Resolution to be Submitted in Supplemental)
ACTION: Item separated for discussion by Commissioner Weithorn. Resolution rejected.
Motion made by Commissioner Tobin to do an RFQ, as it has been done with the City Manager
Search Firm Selection, to obtain resumes, review them and come back with a recommendation
as to who is the best in the business. The City Commission and Commissioner Tobin as
representative are to review with Kathie G. Brooks; hold open sessions with everyone that wants
to participate; hold open meetings and extending invitation to those who wish to attend and the
Procurement Department to do solicitation; seconded by Commissioner Libbin; Voice vote: 6-0;
Absent: Commissioner Góngora. Patricia Walker and Raul Aguila to handle.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 30
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
RECOMMENDATIONS:
• Do an RFQ, as it has been done with the City Manager Search Firm Selection
• Obtain resumes, review them and come back with a recommendation as to who is the
best in the business
• City Commission and Commissioner Tobin, as representative, to review with Kathie G.
Brooks
• Open sessions to be held for everyone to participate
• There will be open meetings and everyone will be invited
• Procurement Department to do solicitations
End
Commissioner Weithorn stated that until the members of the Commission have read the
Maximus Study and everyone has the political will to make changes, she strongly urges not to
spend money on a study and then take no action.
Discussion held.
Mayor Bower stated that the City conducted the Condrey Study and their recommendations were
not implemented, and there were other studies and this Commission has not had the will to
implement; and it is frustrating to have all these studies done and no action taken.
Commissioner Tobin explained for the public interest, that Union negotiations are coming up with
the five bargaining units, two of which cost the City significant amount of money, and he
suggested the City hire the International Association of City Managers who has a department
that looks at efficiencies and best practices, and they make recommendation on not only
efficiency and cost savings, but best practice. A study was done for the Police Department by
Maximus six years ago, and their public safety and cost savings recommendations were never
implemented.
Discussion held.
Motion #1:
Motion made by Commissioner Tobin to do a study with ICMA to find out best practices for the
Police and Fire Departments; seconded by Commissioner Libbin. No voice vote taken.
Discussion continued.
Commissioner Tobin requested to be allowed to look over the resumes of various people that do
this kind of study to see who the best in the business is.
Commissioner Weithorn stated that she has no problem with reviewing resumes and bringing an
RFP in September after everyone has had a chance to review the Maximus study, and the
Commission is able to make a decision.
Commissioner Tobin called the question and requested a roll call, to approve an
agreement with ICMA to review efficiencies for the Police and Fire Departments.
Mayor Bower and Commissioner Weithorn stated that they will vote No on the motion.
Discussion continued.
A roll call vote was taken:
Commissioner Tobin: “Yes”
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 31
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
Commissioner Libbin: “Yes”
Vice-Mayor Exposito: “No”
Commissioner Wolfson: “No”
Commissioner Weithorn: “No”
Mayor Bower: “No”
Commissioner Góngora: Absent
The motion fails.
Motion #2:
Motion made by Commissioner Tobin to do an RFQ, as it has been done with other evaluation
committees such as the Selection of City Manager, obtain resumes for the City Commission’s
review along with Kathie G. Brooks, come back with recommendations as to who the best in the
business are in terms of evaluating best practices, and hold open sessions for the Mayor and
Commissioners to participate; seconded by Commissioner Libbin; Voice vote: 6-0; Absent:
Commissioner Góngora. Raul Aguila to handle.
Adonis Garcia spoke.
End of Consent Agenda
REGULAR AGENDA
R5 - Ordinances
12:59:10 p.m.
R5A Board Member Qualifications And Categories
An Ordinance Amending The Land Development Regulations Of The City Code By Amending
Chapter 118, “Administrative And Review Procedures,” Article II, “Boards,” Division 2, “Planning
Board,” Section 118-53, “Composition;” Division 3, “Design Review Board,” Section 118-72,
“Membership;” Division 4, “Historic Preservation Board,” Section 118-103, “Membership;” And
118-104, “Appointment;” Division 5, “Board Of Adjustment,” Section 118-131, “Membership,” To
Clarify The Qualifications And Categories Of Members To Be Appointed To The City’s Land Use
Boards; Providing For Repealer; Codification; Severability And An Effective Date.
10:15 a.m. Second Reading Public Hearing
(Requested By City Commission)
(Legislative Tracking: Planning Department)
(Continued from June 6, 2012/Referred to LUDC)
ACTION: Public Hearing held. Ordinance No. 2012-3770 adopted as amended. Motion
made by Commissioner Góngora to approve the ordinance; seconded by Commissioner Tobin;
Ballot vote: 6-0; Absent: Commissioner Wolfson. Rafael E. Granado to transmit to Municipal
Code. Richard Lorber and Rafael E. Granado to handle.
Amendment
Substitute “interest” with “demonstrated”
Define “responsibility” in the preservation criteria
Add language to requirements that architects shall be registered in the State of Florida
End
Jorge Gomez, Assistant City Manager, explained the item and stated that during discussion at
Land Use and Development Committee, they tried to clarify the Board of Adjustment
membership/financial consultation category (Page 520), and language was stricken on first
reading. After further discussion, the Legal Department opined that a clarification of that
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 32
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
category, which is still in the Charter, could be done by ordinance without the need for Charter
amendment. Additionally, discussion was held to add a landscape architect to the Planning
Board, (Page 518), and language was added, but he suggested including landscape architect
registered in the State of Florida to be consistent with other professional categories.
Commissioner Weithorn stated it is not clear whether the beach residency requirement is subject
to waiver.
Jorge Gomez, Assistant City Manager, explained that in Chapter 2 of the City Code, it addresses
the exceptions of the City Commission on residency requirement; in the Planning Board there is
existing language requiring a 5/7 vote on the waiver of the residency requirement for all the
positions; on the Design Review Board, there is language stating that members have to have
primary business in the County, but requires that citizens At-Large, and one of the landscape
and registered architects be residents of the City with no waiver, but it does not list all the
categories. On the Historic Preservation Board, there is language that includes a waiver, and the
Board of Adjustment is governed by the Charter; there is no waiver but someone can be chosen
who either resides or has a business in the City, and that gives flexibility.
Commissioner Weithorn suggested substituting the word “interest” with “demonstrated.”
Discussion held.
Commissioner Tobin, referring to Page 518, Section b(4), which reads “somebody responsible
for the preservation…,” stated that the definition of “responsible” needs clarification.
Discussion continued.
Motion made by Commissioner Góngora to approve the ordinance as amended; seconded by
Commissioner Tobin; Ballot vote: 6-0; Absent: Commissioner Wolfson.
1:09:50 p.m.
R5B Bicycle Rental Kiosk Advertising
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 82,
“Public Property,” Article IV, “Uses In Public Rights-Of-Way,” Division 6, “Prohibited Signs Over
Public Property,” Section 82-414 “Permitted Signs, Shelters And Advertising In Public Rights-Of-
Way”, To Permit Advertising On Bicycle Rental Kiosks As Part Of A City Bike Sharing Program;
Providing For Codification, Repealer, Severability And An Effective Date. 10:30 a.m. Second
Reading Public Hearing
(Requested by Finance & Citywide Projects Committee)
(Legislative Tracking: Planning Department)
(First Reading on June 6, 2012/Referred to FCWPC)
ACTION: Item heard in conjunction with item R7P. Title of the ordinance read by the City Clerk.
Public Hearing held. Ordinance No. 2012-3771 adopted. Motion made by Commissioner
Weithorn to approve the ordinance; seconded by Commissioner Exposito; Ballot vote: 6-1;
Opposed: Mayor Bower. R. Granado to transmit to Municipal Code. Richard Lorber to handle.
Kathie G. Brooks, Interim City Manager, introduced the item.
Patricia Walker, Chief Financial Officer, explained that the program has been very successful;
however, DecoBike is not making sufficient funding to keep them in business. The item was
discussed at Finance and Citywide Projects Committee to look at DecoBike’s records and
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 33
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
determine what it would take to make them a sustainable operation. First of all, on the City’s
side, discussion was held to find ways to recover the value of the parking spaces or revenue
loss, where DecoBike has their stations set up. Secondly, on the operator’s side, discussion was
held to find ways to help DecoBike recover their investment, which is $3.7 million and be able to
make a modest profit. The proposed changes were addressed, and she explained that in order
to make it affordable to the public, recover the City’s funding for the loss of parking spaces
(which is $270,000 a year), and allow DecoBike to make a profit, the following recommendations
(Option J) were made:
• Allow advertising in the existing 40 kiosks in the commercial areas
• Approve a ten-year contract
• Increase hourly rate to $7.00
• Maintain resident and visitor’s rates at $15 per month
• Exempt from the City’s share and reduce by $250,000 per year until year seven
• Exempt merchant fees
• Include windfall provision
• Contract to be effective as of October 1st
Bonifacio Diaz, DecoBike owner, spoke.
Discussion held.
Mayor Bower suggested funding, possibly from the Parking Fund, and stated her opposition to
advertising, especially liquor.
Kathie G. Brooks, Interim City Manager, clarified that the issue of alcohol came up subsequent to
discussion at the Finance and Citywide Projects Committee.
Discussion continued.
Commissioner Tobin suggested adding language that future Commissions can decide to
subsidize the program, instead of allowing advertisement.
Commissioner Wolfson stated that a deal was made in 2009 and there were two bidders. This
bidder took the entire risk and asked the City to be partners with them. He said that he is
agreeable with advertising on the kiosks. He reminded the Commission that the bus shelters
have alcohol advertisements.
Discussion continued.
Vice-Mayor Exposito asked the Legal Department how this affects the City’s ability to not have
excess advertising in the future.
Gary Held, First Assistant City Attorney, stated that the Legal Department is constantly reviewing
the sign regulations, and explained that there is a general advertising ban in the City of Miami
Beach. However, there is a recognized exception by some courts to this general advertising
ban, which is when the advertisement is to fund a public facility, as it has been used in the past,
such as for improvement of bus benches, directory signs on Lincoln Road and signs on the
bicycle baskets. Legally he opined that this type of advertising can be done, as long as it is in
connection with the improvement of a public facility.
Commissioner Góngora stated that the bike sharing program is very positive and everyone
recognizes its importance. He agrees with Mayor Bower that we should not open up the City to
advertising pollution. Although it is legally defensible, and they must not to chip away at this
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 34
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
City’s historical standards on this issue, this is a compromise decision to allow advertising in 40
kiosks in a commercial district.
Discussion continued.
Commissioner Weithorn stated that at the Finance and Citywide Projects Committee it was
decided that the bike sharing program is too important for Miami Beach and for public benefit.
Every option was looked at, and hours have been spent researching and in open public
meetings, and this is the only option for DecoBike to continue in business.
Discussion continued.
Motion #1:
Motion made by Commissioner Tobin to have the City Attorney’s Office add in a safety valve that
reads that the Commissioner can remove the advertising at anytime. No second offered.
Discussion continued.
Commissioner Tobin asked the City Attorney to include an option in case the City wants to pick
up the difference.
Gary Held, First Assistant City Attorney, stated that this option is not present in the existing
contract.
Discussion continued.
Commissioner Libbin asked that language be added to the contract that DecoBike will not return
to request anything else.
Commissioner Weithorn stated, for the record, that nothing was decided about advertising
alcohol.
Bonifacio Diaz spoke.
Richard Lorber, Acting Planning Director, spoke.
1:52:44 p.m.
Rafael Granado, City Clerk, read the title of the ordinance.
The following individuals spoke:
Mark Johnson
Steve “Bubba’ Cohen
Ken Boresky
Albert Machado
Ray Breslin
Commissioners Wolfson and Tobin recognized the great work done by Patricia Walker, Finance
Officer.
City Clerk’s Note: Delete pages 530-538 (Attachment ‘A”). See also Action on R7P and comments on
Item R9B1(4)
Handouts and Reference Materials:
1. Ad in The Miami Herald – Ad #708
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 35
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
2:39:54 p.m.
R5C An Ordinance Amending Chapter 10 Of The Miami Beach City Code Entitled “Animals,” By
Amending Section 10-11, Entitled “Running At Large Prohibited,” By Extending The Pilot
Program Off-Leash Area For Dogs In South Pointe Park Through And Including December 31,
2012, Providing For Repealer, Severability, Codification, And An Effective Date. 10:40 a.m.
Second Reading Public Hearing
(Requested by Neighborhood/Community Affairs Committee)
(Legislative Tracking: Parks & Recreation)
(First Reading on June 6, 2012)
ACTION: Public Hearing held. Ordinance No. 2012-3772 adopted. Motion made by
Commissioner Góngora to approve the ordinance and refer to the Neighborhood/Community
Affairs Committee; seconded by Vice-Mayor Exposito; Ballot vote: 6-0; Absent: Commissioner
Wolfson. R. Granado to transmit to Municipal Code. Kevin Smith to handle.
REFERRAL:
Referred to the Neighborhood/Community Affairs Committee
End
Vice-Mayor Exposito stated that there are people violating the rules and allowing the dogs to run
free at the off hours and asked what can be done?
Commissioner Weithorn stated that not only the off-leash hours but also the location is being
violated. She also wants to know what can be done so people will comply with this pilot
program. Otherwise, we will have no choice but to rescind the program.
Commissioner Libbin suggested that they approve the item and send it back to the
Neighborhood/Community Affairs Committee.
Item approved and referred back to Neighborhood/Community Affairs Committee.
Mayor Bower stated that she has a problem with loose dogs and requested that Code must go
often and enforce the laws. Hernan Cardeno to handle.
Handouts and Reference Materials:
1. Ad in The Miami Herald – Ad #708
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 36
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
11:56: 1 a.m.
R5D 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 A Member Of The City Commission
May Propose The Establishment Of A Monument Or Memorial; B) 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 Monument Or
Memorial Itself May Be Removed, Without Any 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)
(Continued from May 9, 2012/Referred to NCAC)
ACTION: Public Hearing held. Item opened and continued to September 12, 2012 at 11:00
a.m. Motion made by Commissioner Weithorn to open and continue the item; seconded by
Commissioner Exposito; Ballot vote: 7-0. Kevin Smith to handle.
11:56:54 p.m.
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)
(Continued from May 9, 2012/Referred to NCAC)
ACTION: Public Hearing held. Item opened and continued to the October 24, 2012 City
Commission Meeting at 11:30 a.m. Motion made by Commissioner Weithorn to open and
continue; seconded by Commissioner Libbin; Voice vote: 7-0. Max Sklar to handle.
Max Sklar, Acting Assistant City Manager, stated that this item should be opened and continued
pending Neighborhood/Community Affairs Committee discussion because the committee
meeting was cancelled.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 37
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
7:19:14p.m.
R5F An Ordinance Amending The Miami Beach City Code By Amending Chapter 2, Entitled
“Administration,” By Amending Article III, Entitled “Agencies, Boards And Committees,” By
Creating Division 33, To Be Entitled “Tennis Advisory Committee,” And By Creating Section 2-
190.148 To Create A Tennis Advisory Committee And Provisions Establishing The Committee
And Its Purpose, Powers And Duties, Composition, And Supporting Department; And Providing
For Repealer, Severability, Codification, And An Effective Date. First Reading
(Requested by Commissioners Michael Góngora & Jonah Wolfson)
(Legislative Tracking: Parks & Recreation)
ACTION: Ordinance approved on first reading to be reviewed in two years. Motion made
by Commissioner Libbin to approve the ordinance; seconded by Commissioner Tobin; Ballot
vote: 6-0; Absent: Commissioner Wolfson. Second Reading and Public Hearing scheduled for
September 12, 2012. R. Granado to notice. Lilia Cardillo to place on the Commission Agenda.
Kevin Smith to handle.
7:22:10 p.m.
R5G Private Parking Facilities With Automated Payment Machines
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106,
“Traffic And Vehicles”; Article VI, “Towing And Immobilizations”; Section 262(a)(5), “Vehicles
Parked On Private Property; Towing”; Requiring Notification Of Private Property With Automated
Payment Machine Use; Providing For Codification, Repealer, Severability And An Effective Date.
First Reading
(Requested by Commissioner Jerry Libbin)
(Legislative Tracking: Parking Department)
ACTION: Ordinance approved on first reading as amended. Motion made by
Commissioner Libbin to approve the ordinance; seconded by Commissioner Góngora; Ballot
vote: 6-0; Absent: Commissioner Wolfson. Second Reading and Public Hearing scheduled for
September 12, 2012. R. Granado to notice. Lilia Cardillo to place on the Commission Agenda.
Saul Frances to handle.
Amendment:
Mayor Bower requested that the language informing that vehicles will be towed away be placed
on the first few lines in large, bold letters.
End
Commissioner Libbin stated that he is trying to make the public aware that in private parking lots
the pay meters look similar to the City’s pay station, but are not part of the City’s system, and the
cars could be towed. He is satisfied with the signage and the way the tickets print stating that
the car can be towed. It also states that the IPark is not acceptable.
Mayor Bower recommended that language be placed on the first few lines in large, bold letters,
to read that the car will be towed away, rather than on the last few lines. She suggested adding
language such as “If ticket expires, your car will be towed away.”
Commissioner Libbin suggested substituting the middle section for the first; just reverse it.
Mayor Bower agreed and stated that it should be in bold letters. Saul Frances to handle.
Commissioner Tobin inquired as to the legality of towing vehicles from private property.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 38
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
Jose Smith, City Attorney, stated that towing from private property is controlled by Florida
Statutes.
Commissioner Tobin requested that the language include “consistent with Florida Statute.”
Jose Smith, City Attorney, stated that that is already being done.
R5H Artificial Grass - (Without Restrictions):
1. An Ordinance Amending The Land Development Reg ulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 142, “Zoning Districts And Regulations,” Article III, “Overlay
Districts,” Division 2, “Dune Preservation Overlay,” By Amending Section 142-774, “Uses And
Structures Permitted,” To Allow Synthetic Grass; Providing For Repealer, Codification,
Severability And An Effective Date. First Reading
ACTION: Ordinance rejected.
2:45:16 p.m.
R5H Artificial Grass – (With Restrictions)
2. An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 142, “Zoning Districts And Regulations,” Article III, “Overlay
Districts,” Division 2, “Dune Preservation Overlay,” By Amending Section 142-774, “Uses And
Structures Permitted,” To Establish Policies Regarding The Installation Of Synthetic Grass;
Providing For Repealer, Codification, Severability And An Effective Date. First Reading
(Requested By Commissioner Jonah Wolfson)
(Legislative Tracking: Planning Department)
ACTION: Ordinance approved on first reading. Item referred to Land Use and
Development Committee. Motion made by Commissioner Góngora to approve the ordinance;
seconded by Commissioner Wolfson; Ballot vote: 7-0. Second Reading and Public Hearing
scheduled for September 12, 2012. R. Granado to notice. Richard Lorber to place on the
committee agenda. Lilia Cardillo to place on the Commission Agenda. Fred Beckmann to
handle.
REFERRAL:
Refer to the Land Use and Development Committee to address Mayor Bower’s concern
regarding impact on the environment and during times of natural disasters.
End
Jorge Gomez, Assistant City Manager, explained the item and added that the Planning
Department recommended approving the ordinance with the restrictions.
Discussion held.
Kevin Smith, Parks and Recreation Department Director, stated that there are no artificial turf
fields in the City’s parks system; it has been approved for installation in the football field, and
there is a request for capital for artificial turf for the baseball and soccer fields, but that has not
been voted on, which will be discussed at the Sustainability Committee.
Alex Heckler, on behalf of the Fontainebleau Hotel, stated that it is not feasible to replace the
grass in the parcel of property east of the coastal construction where lounge chairs are placed,
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 39
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
and they prefer to replace with synthetic grass.
Motion made by Commissioner Góngora to move this option with the restriction, send it back to
the Land Use and Development Committee and bring back in September.
Commissioner Libbin asked if they approve the non-restrictive ordinance, would they be able to
add restrictions on second reading.
Jose Smith, City Attorney, stated that the City Commission cannot go from non-restricted to
restricted, but they can approve the restricted and then amend it at the next meeting.
Discussion held.
Mayor Bower requested the Administration to bring a report of the impact of artificial grass on the
environment, especially during hurricanes or storms, and added that she is in favor of the
restricted ordinance and opposes the expansion of synthetic grass in the City.
Jose Smith, City Attorney, stated that both ordinances cannot be approved simultaneously
because they are inconsistent with each other.
Discussion continued.
Motion made by Commissioner Weithorn to refer to the Land Use and Development Committee
to address Mayor Bower’s concern regarding environmental impact.
Handouts and Reference Materials:
1. City Clerk’s Note: See C6A item 8
7:27:43 p.m.
Addendum #2:
R5I An Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance Of
The City Of Miami Beach, Florida (The “Ordinance”), By Amending The Salary Ranges and
Establishing Compensation Provisions For The City Manager And The Attorney; Providing For
Repealer, Severability, Codification, And An Effective Date. First Reading
(Requested by Commissioner Jonah Wolfson)
(Legislative Tracking: City Attorney’s Office.
ACTION: Ordinance approved on first reading and referred to Finance and Citywide
Projects Committee. Motion made by Commissioner Wolfson to approve the ordinance;
seconded by Commissioner Weithorn; Ballot vote: 7-0. Second Reading and Public Hearing
scheduled for September 12, 2012. R. Granado to notice. Patricia Walker to place on the
committee agenda. Lilia Cardillo to place on the Commission Agenda. City Attorney’s Office
to handle.
Commissioner Weithorn stated that this item should be added to the Charter Review Board
agenda, and further stated that for true transparency, they need to write down everything
possible, and what cannot be measured, such as membership cards, should be listed for the
public to know.
Discussion held.
Handouts and Reference Materials:
Page #2 of the ordinance revised.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 40
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
R7 - Resolutions
R7A A Resolution Granting A Revocable Permit To CG Tides, LLC, CG Tides Village, LLC, CG Tides
Village I, LLC And CG Tides Village II, LLC; The 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 At A Width Of 9’1”
With A Minimum Vertical Height Of 15’ Above Ocean Court. 10:20 a.m. Public Hearing
(Public Works)
(Continued from June 6, 2012/Referred to LUDC)
ACTION: Item withdrawn. See action in C7P.
Handouts and Reference Materials:
1. Ad in The Miami Herald – Ad #703
6:58:59 p.m.
SUPPLEMENTAL MATERIAL 1: Memorandum
R7B A Resolution Setting 1) The Proposed Operating Millage Rate; 2) The Required Debt Service
Millage Rate; 3) The Calculated “Rolled-Back” Rate; And, 4) The Date, Time, And Place Of The
First Public Hearing To Consider The Millage Rates And Budgets For Fiscal Year (FY) 2012/13;
Further Authorizing The City Manager To Transmit This Information To The Miami-Dade County
Property Appraiser In The Form Required By Section 200.065, Florida Statutes.
(Budget & Performance Improvement)
(Memorandum & Resolution to be Submitted in Supplemental)
ACTION: Title of the Resolution read into the record. Resolution No. 2012-27960
approved. Motion made by Commissioner Libbin to approve the resolution, but to look for more
reductions to the Millage; seconded by Commissioner Góngora; Voice-vote: 7-0. Kathie G.
Brooks to handle.
Kathie G. Brooks, Interim City Manager, introduced the item.
Ms. Brooks explained that this item sets the tentative millage rates:
General Fund 6.0039
Renewal & Replacement .1083
Operating Millage Rate 6.1122
GO Debt .2568
Total With Debt 6.3690
State Defined Rollback Rate 5.6184
The First Public Budget Hearing is scheduled for September 12, 2012.
Ms. Brooks provided background.
In FY 2010/11, the City had a rate increase of 0.56 mills, from 5.6555 to 6.2155, to help offset
the $32 million deficit at that time.
The proposed goal, as communicated to Ms. Brooks by the Commission, is to bring millage rate
back to 5.6555 mills as property values rise.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 41
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
Ms. Brooks added that the 2012 property values have not yet reached FY 2009/10 levels, and
after adjustments and appeals through 2011 (the latest year available), the City has not yet seen
an actual increase in property values. Nonetheless, the millage reductions in FY 2011/12 and the
FY 2012/13 preliminary reductions represent achieving 17% of that goal. The City is making
progress.
The FY 2012/2013 taxable property value is still at $23.10 billion, which is way below the
2009/2010 taxable property value level of $24.7 billion; although it is a little bit above the
2006/2007 property value level of $22.74 billion. Our millage rates, even though we are a little
bit above 2006/2007 levels, are still significant less at 6.1122.
With the final revised values, we have not had a year yet where we are actually, after appeals
and adjustments, seen an increase in values. Although the estimate of July 1, 2012, was $23.1
billion, there is concern as to what might be adjusted next year. Nonetheless, we are proposing
to reduce the total millage by .0849 mills; .0533 on the operating millage, and .0316 on the debt
service millage.
Ms. Brooks explained that the budget process began early, and is ongoing. To date, the
Commission and Ms. Brooks have met as follows:
1. June 6, 2012 Committee of the Whole
2. Finance & Citywide Projects Committee Meetings
• July 9, 2012
• July 25, 2012 (scheduled)
3. The Commission Budget Hearings are scheduled as follows:
• September 12, 2012, First Public Hearing
• September 27, 2012 – Second Public Hearing (tentative date)
The important thing from now to the two budget hearings is to remember that the millage can go
down, but it is very arduous process to go up.
We are looking at a 5.0% increase in certified values citywide and 4.9% outside the City Center
Redevelopment Area – as compared to .6% decline Citywide last year.
The revenue to expenditure gap as of July 2012 is $4.2 million, primarily due to increases in
pension; that is after the increase in the revenue side. Also, an additional $0.2 million for
projected living wage adjustments and costs of bringing capital projects on line, bringing the total
gap to $4.4 million.
At the July 9, 2012 Finance and Citywide Budget Briefings, it was agreed to reduce operating
millage by .0533 mills in combination with debt service millage reduction, equals .0849 mill
reduction - $1 million impact. This would result in a $5.2 million gap, which we will address as
follows:
1. Continue refinements to revenue projections over summer (current estimate of $1 million)
2. Achieving potential efficiencies of $0.6 million based on prior year levels
3. Additional Resort Tax 2% component to fund eligible tourism-related activities currently in the
General Fund - $4 million extra estimated to date.
Our cost, at this point, is in excess of what we bring in.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 42
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
There has been direction by the Commission to further reduce the millage, and there has been
indication that there is a desire to potentially fund some enhancements, so over the summer we
will:
1. Focus on Contract Negotiations, for example:
• Freezes in Merits/Steps
• FLSA for Overtime/Holiday Pay
• Elimination of Shift Differential
2. Condrey Recommendations re: Classification & Compensation
3. Contracting Outsourcing
4. Other Efficiencies/ICMA Studies
5. Service Reductions
Hopefully by the time of the September meetings, we can further reduce the millage.
The following potential enhancements have been discussed:
• Increased Pay-As-You-Go funding
• Potential Service Enhancements
Next Steps:
• Finance and Citywide Projects Committee Meeting
July 25, 2012
• Commission Budget Hearings
September 12, 2012 – First Public Hearing
September 27, 2012 – Second Public Hearing
Commissioner Libbin wanted to give credit to Commissioner Weithorn and the Finance and
Citywide Projects Committee for their work on the budget. The Commission wants to see a
greater rollback, and our effort on July 25, 2012 is to continue to look at refinements; and until
the second hearing in September, the opportunity is to look for dollars to make greater
reductions. Today, the Commission has the opportunity to lock in this millage, but the City needs
to look at further reduction in the millage rate.
Commissioner Libbin moved to accept the proposed tentative millage rate, but to continue to look
for reductions, not settle for what is being currently proposed. The Commission needs to set
high goals for itself.
Mayor Bower stated that she too is calling for more reductions, but the process is not yet
finished; the Commission will continue to meet and figure out how and where we are going to do
cuts.
Seconded by Commissioner Góngora. Commissioner Góngora commended Commissioner
Weithorn and Interim City Manager Kathie G. Brooks for a job well done.
Commissioner Weithorn thanked the Commission, because it was one of the most productive
sessions the Commission has had in her five years as a Commissioner. She further wants to
thank the public for their participation on this process on Capital Day. Commissioner Weithorn
knows that they have more work to do, and hopes the Commission can continue to work well
together.
Voice vote. 7-0.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 43
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
7:10:56 p.m.
SUPPLEMENTAL MATERIAL 1: Resolution
R7C A Resolution Of The Board Of Directors Of The Normandy Shores Local Government
Neighborhood Improvement District Setting 1) The Proposed General Operating Millage Rate
For The Normandy Shores Neighborhood Improvement District; 2) The Calculated Rolled-Back
Rate; And, 3) The Date, Time And Place Of The First Public Hearing To Consider The Operating
Millage Rate And Budget For Fiscal Year (FY) 2012/13; Further Authorizing The City Manager
To Transmit This Information To The Miami-Dade County Property Appraiser In The Form
Required By Section 200.065, Florida Statutes.
(Budget & Performance Improvement)
ACTION: Title of the Resolution read into the record. Resolution No. 2012-27961
approved. Motion made by Commissioner Libbin to approve the resolution; seconded by
Commissioner Góngora; Voice-vote: 7-0. Kathie G. Brooks to handle.
Kathie G. Brooks, Interim City Manager introduced the item.
Manuel “Mickey” Minagori, HOA President for the Normandy Shores, thanked Deputy Chief Mark
Overton and Captain David De la Espriella, as well as neighborhood officer Julio Blanco, for the
proactive presence against crime.
Commissioner Libbin explained that the homeowners did not have the opportunity to meet with
Administration, and the neighbors were not aware of the $28,000 of increases, and they need to
understand those increases, which include the new cameras and maintenance. This needs to be
looked at between now and September.
Discussion held.
05:48:20 p.m.
R7D A Resolution Calling For A November 6, 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 Articles II And IV Should Be Amended To Establish The City Clerk As A Charter Officer
Responsible For Performing Designated Duties, Whose Compensation Shall Be Established By
Ordinance, And Whereby The Clerk Shall Be Appointed And Removed By, And Accountable To,
The City Commission Instead Of The City Manager; And The Power To Supervise And Control
The Clerk’s Office, And To Appoint And Remove Unclassified Personnel Therein, Shall Be
Transferred From The City Manager To The City Clerk.
(Requested by Commissioner Weithorn)
(Legislative Tracking: City Attorney’s Office)
ACTION: Resolution No. 2012-27962 approved and to be discussed at the Finance and
Citywide Projects Committee/Budget Briefings. Motion made by Commissioner Weithorn to
approve the resolution; seconded by Commissioner Libbin; Voice-vote: 7-0. Patricia Walker to
place on the committee agenda. Kathie G. Brooks to handle. City Attorney’s Office and
Rafael E. Granado to handle the Election Process.
RECOMMENDATION:
City Commission requested bringing item as part of the budget discussions of the Finance and
Citywide Projects Committee/Budget Briefings, to identify the functions, the staffing, the cost, and
to discuss suggestions made.
End
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 44
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
Motion was made by Commissioner Weithorn; seconded by Commissioner Wolfson. Voice-vote
not taken.
Commissioner Libbin explained his concerns about this item, and stated that the role of the City
Commission by the Charter is to set policy for the City, and give direction to the City Attorney and
City Manager. With this initiative, he wants to understand what is envisioned from a policy
standpoint that this Commission would do differently for the City Clerk’s Office. There have been
discussions between the City Manager’s Office and the City Clerk’s Office regarding staffing and
how things are administratively handled; and if those questions came up he is not sure how t he
City Clerk would deal with the City Commission to get direction, since the Commission is only
authorized to give policy.
Commissioner Weithorn answered that there are many functions in the City Clerk’s Office that in
this form would not be in the City Clerk’s Office, such as the Agenda Coordinator, Central
Services and even perhaps the Special Master’s Office; the Clerk should be independent, and
transparent, if there is an issue or a problem with the City Manager, the Clerk has the ability to
come to the City Commission and communicate without fear of losing his job. The City Clerk’s
role is defined irrespective of who is giving those instructions; and its office stereotypically, is a
relatively small office. The purpose of this item is for transparency and accountability.
Commissioner Libbin suggested that before this question is placed on the ballot, the Commission
should decide what functions will be assigned or not assigned to the City Clerk’s Office.
Discussion held.
Kathie G. Brooks, Interim City Manager, explained that under these duties, the City Clerk’s Office
would exclude the Special Master, the Agenda Coordinator and certain functions such as
passports, etc.
Mayor Bower asked the implementation date if the voters passed the ballot question, and City
Attorney Smith answered that it becomes effective immediately. She suggested referring this to
committee.
Kathie G. Brooks, Interim City Manager, stated that this item had been requested by the City
Commission to bring it as part of the budget discussions of the Finance and Citywide Projects
Committee/Budget Briefings, to identify the functions, the staffing, the cost, and to discuss
suggestions made. Patricia Walker to place on the committee agenda. Rafael E. Granado
to handle.
Motion made by Commissioner Weithorn, seconded by Commissioner Libbin to adopt the
resolution with the referral. Voice-vote: 7-0.
Handouts or Reference Materials:
1. Email to Commissioner Deede Weithorn dated May 25, 2012 from Rafael E. Granado RE: List of
Miami-Dade County Clerks and who they Report to.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 45
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
5:58:47 p.m.
R7E Call For A Special Election - HPB And Building Heights
1. A Resolution Calling For A November 6, 2012 Special Election, For The Purpose Of Submitting
To The Electorate Of The City Of Miami Beach, Florida A Question Asking Whether The Miami
Beach City Charter Section 1.06 Should Be Created To Require That 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, Shall, Before
Becoming Effective, Be Approved By A Majority Of Voters In A Citywide Election?
ACTION: Resolution No. 2012-27963 approved. Motion made by Commissioner Libbin to
approve the original resolution; seconded by Commissioner Góngora; Voice-vote: 4-1; Absent:
Commissioners Weithorn and Wolfson; Opposed: Commissioner Tobin. City Attorney’s Office
and Rafael E. Granado to handle.
Mayor Bower introduced the item and reiterated the importance of preservation in the City.
Jorge Gomez, Assistant City Manager, explained the need for the ordinance that was just
distributed and added that when the ballot question dealing with the Historic Preservation was
discussed at the Committee, it created a lot of debate about the composition of the membership
of the Historic Preservation Board. The distributed ordinance would define what the membership
categories are, so if this is changed, by ordinance at a future date, it would require a referendum.
If this resolution is passed today, this ordinance should be referred to the Historic Preservation
Board and the Planning Board.
Commissioner Tobin stated that both of these items (R7E 1 and 2) are bad ideas; the elected
officials delegate authority to the Historic Preservation Board, and from time to time that
delegation of authority is debated; he does not want to codify for all-time as far as delegation of
authority to HPB. He is uncomfortable in approving this item for two reasons: 1) delegation of
authority to HPB, and 2) restrictive language in the ballot, which may affect the manner in which
voters understand “heights.”
Discussion held.
Commissioner Tobin stated that he understands something needs to be done to make sure that
Historic Preservation Board legacy continues. Because such a small percentage of the
population participates in election, he does not think it is a good idea to have a referendum on
these issues. There are instances when questions go to referendum where the importance of the
issue cannot be properly explained to the voters due to the constraints of the ballot language.
Because of these reasons as stated before, he is not comfortable on a referendum, but he is
agreeing to discussion in the future.
Discussion continued.
Commissioner Góngora stated that after careful consideration, he would support the first
proposed resolution as written in the agenda; however, he is concerned about the draft
ordinance distributed at the dais, and he cannot support it.
Discussion continued.
Commissioner Tobin asked if this precludes the City Commission from taking over the functions
of the HPB.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 46
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
Jose Smith, City Attorney, stated that if the City Commission decided to take over the powers of
the HPB, that would be considered a lessening of the powers of the Historic Preservation Board.
Gary Held, First Assistant City Attorney, explained that powers and duties go with the Board and
the lessening of the standards go with the procedures in the other section. He agrees that it will
require a referendum because you are lessening the powers and duties of the Board.
Discussion continued.
Commissioner Libbin stated that the ultimate authority rests on the City Commission to make
sure that a proper vetting job is done and nominations are done properly and members of the
HPB are doing a good job. If the members of the HPB are not doing a good job, it is the job of
the City Commission to replace them.
Motion made by Commissioner Libbin to adopt the original resolution in the Agenda; seconded
by Commissioner Góngora.
Mayor Bower thanked the all the Commissioners for putting up with her and her love for
preservation.
Handout or Reference Materials:
1. Draft Ordinance
2. Letter to the Mayor and Commissioners from Charles D. Urstadt, Chairman, Miami Design
Preservation League, dated July 17, 2012, RE: Historic Preservation Ballot Questions.
06:21:09 p.m.
2. A Resolution Calling For A November 6, 2012 Special Election, For The Purpose Of Submitting
To The Electorate Of The City Of Miami Beach, Florida A Question Asking Whether Miami Beach
City Charter Section 1.03 Should Be Amended To Require That Any Change To The City’s Land
Development Regulations That Allows Increased Maximum Building Heights In Local Historic
Districts Shall, Before Becoming Effective, 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 withdrawn by Mayor Bower.
Commissioner Góngora explained his concerns; first, he agrees with Commissioner Tobin’s
comments on item R7E-1; and explained that they are beginning to create and treat Historic
Districts differently between neighborhoods in the City, and he believes this resolution needs
more work, and rather than a referendum, it may be amended to require a supermajority of the
City Commission when increasing the maximum building heights in Historic Districts.
Discussion held.
Commissioner Wolfson explained that the trust is given to elected officials to make decisions,
and when they delegate change to the vote of people, it is a pure democratic process. There was
a constitutional amendment that asked that any change in the comprehensive plan would have to
go to a vote of the people, and it was shut down over 60%. At a certain level, people want their
elected officials to make the decisions. If everything goes to a vote of the people, it becomes an
impenetrable government.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 47
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
Discussion continued.
The following individuals spoke:
David Aital
David Wieder, member of the Historic Preservation Board
Item withdrawn.
Mayor Bower announced that she is happy that the City Commission adopted the preservation
ballot question (R7E-1), and she will bring heights ballot question at another time, perhaps as a
supermajority vote of the City Commission. She thanked everyone that came out in support of
the ballot question and asked them to work hard so people understand the preservation issues.
Adam Shedroff spoke.
Handout or Reference Materials:
1. Draft Resolution
6:39:36 p.m.
R7F Call For A Special Election - Qualifying Period Via Petition And Waiver Of 7.5% Qualifying Fee
1. A Resolution Amending City Of Miami Beach Resolution No. 2012-27933, And Substituting This
Resolution Therefore Calling For A November 6, 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 6.03 Should Be Amended To Change The Time That A Candidate
Qualifying Via Petition For City Elected Office Must File Said Petition, From No Later Than The
Second Day Of The Four-Day Qualifying Period, To No Later Than Noon Of The 14th Day Prior
To The First Day Of Such Qualifying Period?
ACTION: Resolution No. 2012-27964 approved. Motion made by Commissioner Wolfson to
approve the resolution; seconded by Commissioner Tobin; Voice-vote: 7-0. City Attorney’s
Office and Rafael E. Granado to handle.
Commissioner Wolfson explained that this is a technical change having to do with the qualifying
time by the petition method.
Jose Smith, City Attorney, explained that this addresses the issue raised that gives 14 days
within in which to file petition and having Supervisor of Elections count the signatures.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 48
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
2. A Resolution Amending City Of Miami Beach Resolution No. 2012-27934, And Substituting This
Resolution Therefore, Calling For A November 6, 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 6.03 Should Be Amended To Provide That If The County Elections
Department Has Not Issued Its Certificate Verifying The Required Number Of Valid Signatures
On A Timely-Filed Qualifying Petition By 5:00 P.M. On The Second Day Of The City’s Qualifying
Period, The City’s 7½% Qualifying Fee Shall Be Waived If The Subject Candidate Otherwise
Qualifies Pursuant To Charter Section 6.03, Waiver Subject To Elections Department
Confirmation That The Qualifying Petition Contained The Required Number Of Valid Signatures?
(Requested By Commissioner Wolfson)
(Legislative Tracking: City Attorney’s Office)
ACTION: Resolution No. 2012-27965 approved as amended by Commissioner Wolfson.
Motion made by Commissioner Wolfson; seconded by Commissioner Weithorn; Voice-vote: 7-0.
City Attorney’s Office and Rafael E. Granado to handle.
Amendment
• In the event the County Elections Department has not issued its Certificate verifying the
required number of ballot signatures on the subject’s qualifying petition by 5 PM on the
second day of the fourth day qualifying period, the City’s 7½% qualifying fee shall be
waived by the City.
• Delete last sentence
The waiver of the City’s 7½% fee is subject to confirmation by the Elections Department
Certificate that the qualifying petition contains the required number of signatures.
End
Jose Smith, City Attorney, explained that R7F-2 reads that if signatures are not counted timely by
Miami-Dade County, then the City of Miami Beach fee is waived. If there are not enough
signatures, candidates have to pay the fee to qualify, and the filing shall be done no less than 14
days before qualifying.
Discussion held.
Raul Aguila, Deputy City Attorney, read the ballot language into the record: “In the event the
County Elections Department has not issued its Certificate verifying the required number of ballot
signatures on the subject’s qualifying petition by 5 PM on the second day of the City’s four-day
qualifying period, the City’s 7½% qualifying fee shall be waived by the City, in the event the
candidate should otherwise qualify for office, pursuant to this Charter section”; and “the waiver of
the City’s 7½% fee is subject to confirmation by the Elections Department Certificate that the
qualifying petition contain the required number of valid signatures.”
Commissioner Wolfson explained that this is not the language he requested, and it should read
“waive fee if the Elections Department does not count the signatures on time.”
Discussion continued.
Raul Aguila, Deputy City Attorney, explained that the point of this ballot question is that the City
does not have any authority over what the County does or does not do. If there are not enough
signatures under the City Charter, there is the option of paying a qualifying fee; with this
proposed ordinance, if the County advices that candidate does not have enough signatures after
the time period has expired, the City’s is giving the authority to waive the fee.
Discussion continued.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 49
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
Commissioner Wolfson explained that this is an opportunity to ensure that the signatures are
counted timely by Miami-Dade County, and it gives the same opportunity to the person that has
the money to pay for the qualifying fees, than the person that does not have the money to pay for
it.
Jose Smith, City Attorney, stated that the language needs to be amended to reflect
Commissioner Wolfson’s intent.
Raul Aguila, Deputy City Attorney, stated that in order to reflect Commissioner Wolfson’s intent,
the last sentence needs to be deleted.
Commissioner Wolfson agreed.
8:51:26 p.m.
R7G A Resolution Authorizing Early Voting For The August 14, 2012 And November 6, 2012 City Of
Miami Beach Special Elections.
(City Clerk’s Office)
ACTION: Resolution No. 2012-27966 approved as amended. Motion made by Commissioner
Tobin to approve the resolution; seconded by Commissioner Libbin; Voice-vote: 6-0; Absent:
Commissioner Góngora. Rafael E. Granado to handle.
Amendment
Early Voting Schedule for the August 14, 2012 and November 6, 2012 Special Elections
End
City Clerk Rafael E. Granado distributed the amended Resolution.
Commissioner Wolfson requested to know when polling precincts are determined by the County,
and expressed his concern with people being confused with any change in polling precincts.
Rafael E. Granado, City Clerk, to handle.
Discussion held.
Handout or Reference Materials:
1. Draft Resolution Authorizing Early Voting, including Early Voting dates
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 50
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
8:54:22 p.m.
R7H A Resolution Approving An Expenditure Of Budgeted Funds In Reasonable And Necessary
Amounts For The Public Purpose Of Informing And Educating The Voters Of The City Of Miami
Beach Regarding The Ballot Questions On The City’s August 14, 2012 And November 6, 2012
Special Election Ballots In Order To Achieve A More Informed Electorate Vote.
(City Manager’s Office)
ACTION: Resolution No. 2012-27967 approved. Motion made by Commissioner Exposito to
approve the resolution; seconded by Commissioner Libbin; Voice-vote: 6-0. Max Sklar to
handle.
Kathie G. Brooks, Interim City Manager, stated that this item is authorizing expenditures to
educate the voters, and in addition to what is done on the MB Magazine and MBTV, also
advertise just the question in Spanish, English, and Creole in various newspapers as required by
State law.
8:54:55 p.m.
R7I A Resolution Authorizing The Miami-Dade County Canvassing Board For The August 14, 2012
And November 6, 2012 Elections To Serve As Canvassing Board For The City Of Miami Beach
Special Elections To Be Held On August 14, 2012 And November 6, 2012.
(City Clerk’s Office)
ACTION: Resolution No. 2012-27968 approved. Motion made by Commissioner Weithorn to
approve the resolution; seconded by Commissioner Tobin; Voice-vote: 6-0. Rafael E. Granado
to handle.
Kathie G. Brooks, Interim City Manager, stated that this item is authorizing the Miami-Dade
County Canvassing Board.
8:55:07
R7J A Resolution Authorizing The City Manager, Or Her Designee, To Select, Negotiate, Award And
Reject All Bids, Contracts, Agreements, Purchase Orders, Change Orders And Grant
Applications; Renew Existing Contracts Which May Expire; And Terminate Existing Contracts, As
Needed, From The Last Commission Meeting On July 18, 2012, Until The First Regularly
Scheduled Commission Meeting On September 12, 2012, Subject To Ratification By The City
Commission At Its First Regularly Scheduled Meeting On September 12, 2012. Joint City
Commission & Redevelopment Agency
(Procurement)
ACTION: Item heard in conjunction with RDA Item 1A. Resolution No. 2012-27969
adopted. Motion made by Commissioner Wolfson, seconded by Commissioner Tobin; Voice
vote: 6-0; Absent: Commissioner Góngora. Raul Aguila to handle.
No discussion.
Handout or Reference Materials:
1. Agreement
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 51
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
12:03:48 p.m.
R7K A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Two (2)
Temporary License Agreements And Four (4) Perpetual Easement Agreements, With The
Florida Department Of Transportation, For The Construction, Harmonization, And Maintenance
Of Proposed Roadway And Drainage Improvements As Part Of The State Road 907/Alton Road
Project From 5th Street To Michigan Avenue.
(Public Works)
ACTION: Item heard in conjunction with item R9C. Resolution No. 2012-27970 approved.
Motion made by Commissioner Libbin to approve the resolution subject to the recommendations;
seconded by Commissioner Tobin; Voice-vote: 4-2; Opposed: Commissioners Góngora and
Weithorn; Absent: Commissioner Wolfson. Fred Beckmann to handle.
RECOMMENDATIONS:
• City to pay for the connectivity
• Alton Road not to be used for bicycle lane; only West Avenue
• Include one-way pairs on the connectivity street
• Include existing footprint designed by FDOT
• Second resolution to include language on buffered bike lane without losing additional City
parking
• Approve Easements
End
12:48:54 p.m.
MOTION #1
Motion made by Commissioner Libbin; seconded by Commissioner Góngora to draft a resolution
including the following language: a) City to pay for the connectivity, b) Alton Road is not to be
used for bicycle lane; only West Avenue; c) Include one-way pairs on the connectivity street and
d) include existing footprint designed by FDOT; Voice-vote: 6-0; Absent: Commissioner Wolfson.
City Attorney’s Office to handle.
12:50:31 p.m.
MOTION #2:
Motion made by Commissioner Tobin; seconded by Commissioner Libbin; to draft a second
resolution containing language regarding buffered bike lane, as long as the City does not lose
additional parking. Voice-vote: 6-0. Absent: Commissioner Wolfson. City Attorney’s Office to
handle.
12:57:12 p.m.
MOTION #3
Motion made by Commissioner Libbin to approve the easements; seconded by Commissioner
Tobin; Voice vote; 4-2; Opposed Commissioners Góngora and Weithorn; Absent: Commissioner
Wolfson. City Attorney’s Office to handle.
Fred Beckmann, Public Works Director, introduced the item.
Harold Desdunes, Director of Transportation Development from the Florida Department Of
Transportation (FDOT), gave a status update report.
Daniel Iglesias, from FDOT and the Project Manager for the Alton Road project, spoke.
Discussion held.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 52
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
Kevin Crowder, Economic Development Director, will give an update next week on the
discussion with the City’s Lobbyist.
Discussion continued.
Commissioner Tobin stated that the City should have a technical representative to meet with the
City’s lobbyists and FDOT, to advocate on behalf of the City.
Mr. Desdunes stated that Jose Gonzalez, Transportation Coordinator, and Mr. Beckmann and
their technical experts in Public Works will meet with the City’s lobbyists.
Discussion continued regarding bicycle lanes routes.
12:48:54 p.m.
MOTION #1
Motion made by Commissioner Libbin; seconded by Commissioner Góngora to draft a resolution
including language below; Voice-vote: 6-0; Absent; Commissioner Wolfson. City Attorney’s
Office to handle.
1. The City to pay for the connectivity
2. Alton Road is not to be used for bicycle lane; only West Avenue
3. Include one-way pairs on the connectivity street
4. Include existing footprint designed by FDOT
12:50:31 p.m.
MOTION #2:
Motion made by Commissioner Tobin; seconded by Commissioner Libbin; to draft a second
resolution stating that the preferred alternative is a buffered bike lane, as long as the City does
not lose any additional parking. Voice-vote: 6-0. Absent: Commissioner Wolfson. City
Attorney’s Office to handle.
12:51:02 p.m.
Raul Aguila, Chief Deputy City Attorney, reminded the City Commission that the last directive to
the City Attorney’s Office was that once FDOT issues a final decision, that if the recommendation
is to proceed with bike lanes on Alton Road that the City appeals the decision. City Attorney’s
Office to handle.
Kathie G. Brooks, Interim City Manager, suggested approving the easements subject to the
recommendations.
12:57:12 p.m.
Motion #3
Motion made by Commissioner Libbin to approve the easements; seconded by Commissioner
Tobin; 4-2; Opposed: Commissioners Góngora and Weithorn; Absent: Commissioner Wolfson.
City Attorney’s Office to handle.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 53
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
9:02:54 p.m.
R7L A Resolution Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The
Construction Contract Between The City Of Miami Beach, Florida, And Trans Florida
Development Corporation, For The Construction Of The City Of Miami Beach Right Of Way
Infrastructure Improvement Program, Neighborhood No. 12/D/E/F, South Pointe Phases III, IV
And V; Dated September 9, 2010 (The Contract), In The Not-To-Exceed Amount Of $1,749,048
For The Construction Of A New 12-Inch Water Main Along Ocean Drive From 5th Street To
South Pointe Drive, Additional Roadway Reconstruction Throughout The Project Limits,
Installation Of Light Emitting Diode (LED) Lighting Fixtures In Lieu Of Metal Halide, And
Improvements To 1st Street Between Alton Road And Washington Avenue; With Previously
Appropriated Funding Available From South Pointe Capital Fund 389, In The Amount Of
$1,749,048, For The Construction, And $174,904, For Contingency, For A Grand Total Of
$1,923,952.
(Capital Improvement Projects Office)
ACTION: Resolution No. 2012-27971 approved. Motion made by Commissioner Libbin to
approve the resolution; seconded by Commissioner Weithorn; Voice-vote: 6-0; Absent:
Commissioner Góngora. Fernando Vazquez to handle.
Kathie G. Brooks, Interim City Manager, stated that this is an amendment to South Pointe
phases III, IV and V only because the project is under construction.
Fernando Vazquez, CIP Director, explained the item.
Commissioner Libbin asked that when it says a negotiated cost proposal in the amount of
$343,000 submitted by Trans Florida, is that a guaranteed rate, and also the fixtures for
replacement of the LED fixtures in the amount of $256,000?
Fernando Vazquez, CIP Director, stated that the $343,000 is a guaranteed rate and the
$256,000 for the fixture is proposed.
5:33:48 p.m.
R7M A Resolution Providing For 1) Amending Resolution No. 2003-25171, Which Approved The Basis
Of Design Report (BODR) For The Bayshore Right Of Way Improvement Project; Said
Amendment Amending The BODR As Follows: A) Incorporating Implementation Of HOA
Requested Roadway Width And Landscape Items (11 Points); B) Providing Additional
Stormwater Upgrades To The Area Known As Zone 4 In The BODR; And C) Providing Complete
Milling And Resurfacing Of The Roadway In Lieu Of Asphalt Overlay; And 2) Authorizing The
Mayor And City Clerk To Execute Amendment No. 23 To The Professional Services Agreement
Between The City Of Miami Beach, Florida, And CH2M Hill For The Professional Landscape,
Architectural And Engineering Services For The Right-Of-Way Infrastructure Improvements
Program For Neighborhood No. 8 Bayshore And Sunset Islands, Dated May 16, 2001 (The
Agreement), In The Negotiated Not-To-Exceed Amounts Of $200,401, For Additional Design
Services For The Right Of Way Infrastructure Improvements For The Central Bayshore
Neighborhood No. 8A Package In Order To Incorporate The Necessary Design Changes To
Accommodate The Previously Noted BODR Modifications; And $7,440 For Reimbursable
Expenses, For A Grand Total Not-To-Exceed Amount Of $207,841; With Previously Appropriated
Stormwater Bond Funding.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 54
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
5:33:48 p.m.
Revised Title
R7M A Resolution Authorizing The Mayor And City Clerk To Execute Amendment No. 23 To The
Professional Services Agreement Between The City Of Miami Beach, Florida, And CH2M Hill For
The Professional Landscape, Architectural And Engineering Services For The Right-Of-Way
Infrastructure Improvements Program For Neighborhood No. 8 Bayshore And Sunset Islands,
Dated May 16, 2001 (The Agreement), In The Negotiated Not-To-Exceed Amounts Of $200,401,
For Additional Design Services For Proposed Changes To The Basis Of Design Report For
Neighborhood No. 8 Bayshore/Sunset Islands (BODR), As Requested By The Central Bayshore
Homeowner Association, As Well As For Additional Stormwater Upgrades To The Area Known
As Zone 4, For The Bayshore Neighborhood No. 8a Package; Also Providing For $7,440, For
Reimbursables, For A Grand Not-To-Exceed Total Amount Of $207,841, With Previously
Appropriated Stormwater Bond Funding.
(Capital Improvement Projects Office)
ACTION: Resolution No. 2012-27972 approved. Motion made by Commissioner Libbin to
approve the resolution; seconded by Vice-Mayor Exposito; Voice-vote: 7-0. Fernando Vazquez
to handle.
Fernando Vazquez, CIP Director, stated that this item accomplishes several infrastructure needs
found during the construction process, and items that have been discussed with the
Homeowners Association for the past three years.
Maria Hernandez, CIP Senior Capital Projects Coordinator, gave a PowerPoint presentation.
Discussion held.
Vice-Mayor Exposito added that these items have been requested for years by the citizens, but
during the past years have not been met, and these items are cost neutral. The only things that
have been added are similar to what has been added to other neighborhoods such as proper
pavement of roads where the roads require it and storm water enhancements because the area
north of 28th Street was flooding severely. He stated that corrections need to be made in order to
correct problems that should have never occurred.
Discussion held.
Commissioner Tobin asked if this Commission is willing to make a commitment to start the
process of adding protected bike lanes that have actual curve, where bicyclers will be protected
with grass on one side and a curve on the other. T he neighbors want the street narrower, but he
does not know if the neighborhood association would actually approve a protected bike lane.
Jorge Gomez, Assistant City Manager, stated that in this case, the majority of the proposed
bicycle lanes are along North Meridian and 28th Street, will be off of the right-of-way, one along
the golf course and the other one along Par 3; that leaves Prairie, which is an existing bicycle
lane, and they will make sure on that one that speed bumps are not encroaching. There is an
opportunity to explore differentiating the bicycle lane by different means, for example exploring
painting the curve perhaps with another color or markers.
Commissioner Tobin requested that Public Works take a look at that suggestion for Prairie
Avenue. Fred Beckmann to handle.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 55
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
12:00:20 p.m.
SUPPLEMENTAL MATERIAL 1: Health Facilities Authority Bond Resolution
R7N Resolution Approving The Issuance And Sale Of Not To Exceed $145,000,000 Principal Amount
Of City Of Miami Beach Health Facilities Authority Hospital Revenue Refunding Bonds, Series
2012 (Mount Sinai Medical Center Of Florida), By The City Of Miami Beach Health Facilities
Authority, Including The Approval Required By Section 147(f) Of The Internal Revenue Code Of
1986, As Amended; Providing That Said Bonds Shall Not Constitute A Debt, Liability Or
Obligation Of The City Or The State Of Florida Or Any Political Subdivision Thereof But Shall Be
Payable Solely From The Revenues Provided Therefor; And Providing An Effective Date.
(Finance Department)
ACTION: Resolution No. 2012-27973 approved. Motion made by Commissioner Libbin to
approve the resolution; seconded by Commissioner Góngora; Voice-vote: 7-0. Patricia Walker
to handle.
Patricia Walker, Chief Financial Officer, stated that the item is approving the issuance of Health
Facilities Authority Refunding Bonds, as per the ordinance creating the Health Facilities
Authority, to assist health related projects in the City.
Commissioner Góngora stated that there is no financial obligation since this is a “pass through.”
Commissioner Libbin stated that not only is it a “pass through”, but it does not accrue any liability
to the residents.
8:55:57 p.m.
R7O A Resolution Accepting The Recommendation Of The City Manager To Reject All Proposals
Received Pursuant To Request For Proposals No. 23-11/12 To Provide Security Guard Services
(The RFP) And, In The Alternative, Retroactively Approving The Third Renewal Term Of Security
Alliance’s Current Contract For Security Guard Services, Dated April 2, 2007, With Such Third
Renewal Term Being Effective As Of August May 1, 2012, To April 30, 2013; And Further
Authorizing The Issuance Of A New Request For Proposals (RFP) For Security Guard Services.
(Parking/Police/Procurement)
(Deferred from June 6, 2012)
ACTION: Resolution No. 2012-27974 approved as amended. Motion made by Commissioner
Weithorn to approve the resolution as amended; seconded by Commissioner Libbin; Voice-vote:
6-0; Absent: Commissioner Góngora. Saul Frances, Chief Martinez and Raul Aguila to
handle.
Amendment
To award a three (3) year contract, the first year will be to negotiate the current rate under the
renewal, and the next two years will be the proposed rate plus the new living wage adjustment.
End
Kathie G. Brooks, Interim City Manager, introduced the item.
Motion made by Commissioner Tobin to approve the item.
Commissioner Weithorn asked if they could have the $50,000 savings on the first year and add
on one more year as their proposal. It is cheaper to let them finish the contract than to award a
new contract.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 56
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
William Murphy, Vice President of Security Alliance, asked that when the living wages go up by
$0.75 in October, will they be allowed to index the price?
Commissioner Libbin stated that the proposal states that the City will pay it dollar per dollar, not
on the supervisors, but on the other employees.
Discussion held.
Raul Aguila, Chief Deputy City Attorney, stated the motion into the record: “The City Commission
will authorize the Administration to negotiate with the top ranked proposer, Security Alliance,
contingent upon negotiating a better rate than Security Alliance proposed.”
Mayor Bower asked if they are extending the current contract one year and negotiating for the
next two years.
Raul Aguila, Deputy City Attorney, responded “no,” and explained that they are going to award a
three-year contract; the first year they will be negotiating the current rate under the renewal, and
the next two years will be the proposed rate plus the new living wage adjustment.
Motion made by Commissioner Weithorn; seconded by Libbin; Voice vote 6-0; Absent:
Commissioner Góngora.
1:09:50 p.m.
2:05:03 p.m.
R7P A Resolution Approving The Substantive Terms Of The First Amendment To The Concession
Agreement Between The City Of Miami Beach, Florida And Deco Bike, LLC. For The
Implementation, Management And Operation Of A Self-Service Bicycle Sharing Program;
Authorizing The City Manager And City Attorney’s Office To Negotiate And Draft The Final
Amendment, Based Upon The Approved Terms (As Further Referenced In The Term Sheet
Attached As Exhibit “A” To This Resolution); And Authorizing The Mayor And City Clerk To
Execute The Final Agreement.
(Financial Department)
ACTION: Item heard in conjunction with item R5B. Resolution No. 2012-27975 approved
as amended. Motion made by Commissioner Góngora to approve the resolution; seconded by
Commissioner Weithorn Voice-vote: 6-1; Opposed: Mayor Bower. Patricia Walker to handle.
See Action with Item R5B and comments on R9B1(4).
Amendment:
The City Commission requested additional language for the contract in the event that the City is
sued by a third party and is required to withdraw authority to place advertising on the kiosks,
without compensation to the company.
End
Discussion held.
Motion made by Commissioner Góngora to approve limiting advertising to the 40 kiosks,
provided that the kiosks are not near schools or park, and that they are located in commercial
corridors, including alcohol ads for just the kiosk, not the baskets, subject to Administration’s
approval of the ads prior to finalization, and not returning to the City Commission for further
amendment; seconded by Commissioner Weithorn; Voice-vote: 6-1; Opposed: Mayor Bower.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 57
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
Handouts and Reference Materials:
1. Revised memorandum was handed out on the Dais.
2. Email from Gary Held, dated July 19, 2012 RE: Deco Bikes R7P
7:46:43 p.m.
SUPPLEMENTAL MATERIAL 1: Resolution & Agreement
R7Q A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Employment
Agreement Between The City And Kathie G. Brooks, Engaging Ms. Brooks As Interim City
Manager For The City Of Miami Beach.
(Memorandum & Resolution to be Submitted in Supplemental)
ACTION: Resolution No. 2012-27976 approved as amended. Motion made by Commissioner
Libbin to approve the resolution; seconded by Commissioner Góngora; Voice-vote: 6-0; Absent
Commissioner Wolfson. Ramiro Inguanzo to handle.
Amendment
• If at the end of the term of the Agreement, January 2012, or under 2(c), if the agreement
is terminated earlier, because the Commission has hired a permanent City Manager, then
the language recommended in Section 2(a) applies to 2(c) as well.
• If terminated or demoted to a lower position within four months, she is entitled to a
severance package
End
Kathie G. Brooks, Interim City Manager, introduced the item.
The provision in the contract: It puts the base salary at $220,000, which is the major change
from what she is currently receiving. That salary is consistent with the pay ranges f or Assistant
City Manager and the Chief Financial Officer. The other change, although minor, the car
allowance that she currently receives is increased from $4,800/year to $6,000/year, an increase
of $1,200. For the potential six months that she will be in the position that will be $600 extra.
There is no change in terms of deferred compensation per year, it shall remain at $3,900/year;
there is no change in the terms of the health, dental and basic life insurances she receives,
which is the same received by every other employee in the City; there is no change in terms of
the leave benefits (annual, sick leave or planning).
For the period of time she is in the position, consistent with the Pension Ordinance, instead of
receiving the 3% multiplier for years of creditable service, she will receive a 4% multiplier for the
six or so months that she is in the position. No other changes in terms of compensation.
Additionally, there is severance clause in the contract. When the permanent City Manager is
selected, the intent is for Ms. Brooks to either go back to her position as Budget Director, or be
appointed to a higher position as the new City Manager may choose.
The contract had been originally drafted to include a severance that if she did not want any of
those two options, because of some concerns that she may have at the time, she would get
some severance. Commissioner Libbin had some worry that this would provide Ms. Brooks with
incentive to leave, and he asked if she would consider changing the clause to a severance only if
removed from the position, or demoted to a lower position within four (4) months. Ms. Brooks
agreed to that change.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 58
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
Raul Aguila, Deputy City Attorney, explained the changes to the contract as requested by
Commissioner Libbin.
Raul Aguila, Deputy City Attorney, stated that the same change that was made to Section 2a
would apply to Section 2c. If at the end of the term of the Agreement, January 2012, or under 2c,
if the agreement is terminated earlier, because the Commission has hired a permanent City
Manager, then the language recommended by Commissioner Libbin in Section 2a applies to 2c
as well. If Ms. Brooks is terminated or demoted to a lower position within four months, she is
entitled to a severance package.
Commissioner Libbin explained his concern. He did not want to incentivize Ms. Brooks to leave.
He spoke to the individual hired as the recruiter to hire the new Manager, and asked if this was
normal for someone who will work for 23-24 weeks, to receive 20 weeks of severance, a 90/95%
severance seemed extraordinary. The recruiter had not seen something like this. Commissioner
Libbin explained that the Agreement, as originally drafted, provided that if Ms. Brooks chose on
her own not to accept an offer to become an Assistant City Manager, which is a higher position
than Budget Director; she would receive 20 weeks of severance, for working 24 weeks.
Commissioner Libbin did not think this was in the City’s best interest. If Ms. Brooks were
terminated within a four-month period of the new City Manager being appointed, then she would
receive the 20 weeks severance. Ms. Brooks agreed to the change.
Raul Aguila, Chief Deputy City Attorney, stated for the record, that the same change that is
redlined in 2a applies to 2c as well.
Motion made by Commissioner Libbin; seconded by Commissioner Góngora.
Commissioner Góngora commented that one of the things he was concerned about is that they
keep hearing so much about the hidden compensation for the former City Manager, he has to
see an analysis of what is being paid to Ms. Brooks. From what he sees, Ms. Brooks will be
making $100,000 less than the former Manager in compensation; all the hidden benefits have
been removed - no housing allowance, no long term life care, no 401 money – they are getting
leaner were they need to be.
Raul Aguila, Deputy City Attorney, also stated that the contract is different; if they terminated her
for cause or if she voluntarily resigns, she is not entitled to any severance, which is another
distinction from the past Manager’s contract.
Mayor Bower stated that she was concerned that through this contract, the Commission might be
deciding or strongly implying that the new City Manager should make Ms. Brooks an Assistant
City Manager. When the City hires a new City Manager, that Manager may want to bring his/her
own people.
Commissioner Tobin raised the same question when he met with the attorneys. The Agreement
says that they have an expression of sentiment; they have to pay a financial penalty if the new
Manager gets rid of Ms. Brooks, but if the Manager gives Ms. Brooks a chance, Ms. Brooks felt
comfortable that she could prove herself during the initial four months period.
Mayor Bower reiterated that in her view, the Commission is asking the new City Manager that
he/she must keep Ms. Brooks for four month; otherwise, they will need to pay out. This may be
contrary to the Charter powers of the Commission.
Ms. Brooks was congratulated by the Mayor and Commissioners on her appointment.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 59
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
Handouts and Reference Materials:
1. Employment Agreement with amended language
R9 - New Business and Commission Requests
R9A Board And Committee Appointments.
(City Clerk’s Office)
ACTION: The following individuals were appointed:
Capital Improvements Projects Oversight Committee;
Robert Rabinowitz (C5) Engineer Term ending 12/31/12 City Commission Appointment TL12/31/17
Committee for Quality Education in MB:
Elisa Leone, Representative of PTA for Biscayne Elementary School TL 06/30/2013
Jill Swartz, Representative of the PTA for MB Senior High School TL 06/30/2013
Community Development Advisory Committee:
Adam Greenberg Term ending 12/31/12 Appointed by Commissioner Weithorn TL 12/31/19
Steve Berke Removed due to absences
Robert Fairless Removed due to absences
Mark Hayes Removed due to absences
Aida El-Matari Removed due to absences
Jay Parker Removed due to absences
Community Relations Board:
David Cardenas Removed due to absences
Robert Sena Term ending 12/31/13 Appointed by Commissioner Góngora TL 12/31/19
Gay, Lesbian, Bisexual and Transgender Committee:
Joel Stedman Removed due to absences
Health Advisory Committee;
Todd Narson, CEO, MB Community Health
Term ending 121/31/12 Appointed by City Commission TL 12/31/17
Health Facilities Authority Board:
Arthur Unger, Accountant Term ending 06/19/16 Appointed by City Commission FSA 154-207
Planning Board:
Jean-Francois Le Jeune, Architect
Term ending 12/31/12 Appointed by City Commission TL 12/31/17
Safety Committee:
Irene Valines Term ending 12/31/12 Appointed by Commissioner Tobin TL 12/31/19
Sustainability Committee:
Maurice Goodbeer Resigned
Eric Hecht Term ending 12/31/13 Appointed by Commissioner Libbin TL 12/31/19
Transportation and Parking Committee:
William “Bill” Hahne, Rep. for the MDPL
Term ending 12/31/13
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 60
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
Handout or Reference Materials:
1. Memorandum to Rafael Granado, City Clerk, from Jerry Libbin, Commissioner, dated July 17, 2012,
RE: Nomination for Human Rights Committee.
2. Memorandum from Rafael Granado, City Clerk, to Mayor Bower and City Commissioners, dated July
13, 2012 RE: City Commission At-Large Nominations for Wednesday, July 18, 2012 Release #2.
3. Memorandum from Rafael Granado, City Clerk, to Mayor Bower and City Commissioners, dated July
16, 2012 RE: City Commission At-Large Nominations for Wednesday, July 18, 2012 Release #3.
4. Memorandum from Rafael Granado, City Clerk, to Mayor Bower and City Commissioners, dated July
18, 2012 RE: City Commission At-Large Nominations for Wednesday, July 18, 2012, containing
emails from Mayor Bower and City Commissioners nominating applicants.
12:03 00 p.m.
8:05:47 p.m.
R9A1 Board And Committee Appointments - City Commission Appointments.
(City Clerk’s Office)
ACTION: The following appointments were made:
Planning Board:
Commissioner Tobin stated he is comfortable nominating Jean-Francois Le Jeune to the
Planning Board in the Architect category. Appointed by acclamation. Mayor Bower and all
Commissioners present.
Capital Improvements Projects Oversight Committee:
Nomination made by Commissioner Góngora to appoint Robert Rabinowitz to the Capital
Improvements Projects Oversight Committee for the (C5) Engineer category. Appointed by
acclamation. Mayor Bower and all Commissioners present.
Health Advisory Committee:
Nomination made by Commissioner Libbin to appoint Todd Narson to the Health Advisory
Committee to the CEO of the MB Community Health. Appointed by acclamation. Mayor Bower
and all Commissioners present.
Health Facilities Authority Board:
Nomination made by Commissioner Libbin to appoint Arthur Unger to the Health Facilities
Authority Board in the Accountant category; seconded by Commissioner Weithorn; Approved by
acclamation. Everyone was present. Mayor Bower and five Commissioners present; Absent:
Commissioner Wolfson.
Miami Beach Human Rights Committee:
Nomination to appoint Monica Harvey to Miami Beach Human Rights Committee made by
Commissioner Libbin. Commissioner Góngora requested to defer this appointment.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 61
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
2:08:11 p.m.
R9B1 Dr. Stanley Sutnick Citizen’s Forum. (12:30 p.m.)
ACTION: The following individuals spoke:
1) Robert Young spoke about a legal situation where investors wanted to take over an
apartment building, of which he is the Vice-President. He said that from the City Attorney’s
Office, Alexksandr Boksner and Steve Rothstein, and from Commissioner Wolfson’ Office,
Eleanor Hernandez, did a great job protecting the retired residents of the building and
prevented them from being evicted.
Mayor Bower stated that the City Attorney’s Office is not to give legal advice to residents and
she wanted the situation clarified for the record.
Commissioner Wolfson explained the legal situation. It was a building the owner deemed
was at the end of a Co-Op. A Co-Op is when the land reverts to the owner of the property.
There was a dispute between the residents and the person who had the reversionary
interest. Depending on the interpretation, 14 residents would have been put on the street.
The City Attorney’s Office helped them sift through the issue.
Jose Smith, City Attorney, stated that they were referred to an attorney that specializes in
that field of law.
2) Davidson Dessois explained that he is an employee of Security Alliance and they have been
trying to get together and form a collective bargaining unit. They have a good relationship
with the community.
3) Henry Stolar spoke on item R10C - City Of Miami Beach, Florida vs. Ultra Music Festival
Corp. He stated that the City Commission will be considering this item at the Executive
Session, and offered a public citizen’s view of the case. He described what he sees as a far
greater public issue of policy and practice.
Ultra Music Festival is a great asset to this community. He stated that about 20 months ago,
he found out that the festival had $148,000 in unpaid fines. This is the poster child for
collection because this is not like a club that closes its business and monies cannot be found.
This is an ongoing cash enterprise. When he discovered this issue, the five-year statute of
limitations was about to run, and $16,000 of the fines were already precluded by the statute
of limitations. This fell through the cracks. Hilda Fernandez should get the credit for stepping
up to the plate and stated that the procedures must be revised and there should be some
type of tracking system. The City Attorney is not responsible for this until he has a client and
a case filed that has been referred to him. There are two policy issues here: 1) he does not
know the status of Hilda’s effort of a tracking system, and 2) he hopes that this Commission
will address, as a policy matter, what to do about collection cases. He suggested putting out
an RFQ and allow law firms to bid on it. In reference to all collection cases, the City should
either write them off or farm them out. He thanked the City Attorney for meeting with him and
being open, candid and direct, and added that they simply have an honest disagreement.
Handout or Reference Materials:
1. Email from Henry Stolar to Mayor and City Commission dated July 13, 2012 RE: Agenda
Item R10C – Closed Session.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 62
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
4) Ray Breslin spoke on the issue of advertising and how other municipalities have opened their
doors to it just like Miami Beach did. You have just opened a Pandora’s Box of advertising
and in ten years you can say “Welcome to Hialeah.” He is not happy with what was done.
Commissioner Tobin asked Mr. Smith, what if we do not open it up, can we cancel the
contract without damages. The remedy will be to recruit all advertising.
Jose Smith, City Attorney, stated that he needs to read the DecoBike contract.
Commissioner Tobin stated that at least they added the protection that in the event the City
gets sued and somebody prevails, we have the ability to eliminate the advertising without
financial penalty.
Jose Smith, City Attorney, stated that this language can be added without a problem. City
Attorney’s Office to handle.
See items R5B and R7P.
5) Mark Johnson spoke that almost a generation ago another Mayor and Commissioners set
aside Collins Park and created a cultural campus. This Commission built the Miami City
Ballet, built an addition to the Bass Museum, the Library, and set up an RDA, and he is here
to tell them that last night they had a proposal at their Collins Park Association meeting
regarding the projects that are boarded up and dilapidated between 20th and 21st Streets,
between Washington Avenue and Park Avenue, plus a proposal for the Greystone Hotel.
They are now 100% under contract and the neighborhood is a making a huge turn around
because this Commission and previous Commissions saw what was needed and stepped on
to the plate. He thank them on behalf of the Collins Park Neighborhood Association.
6) Alberto Machado spoke on the issue that some people are allowed to speak for a long time,
and he is only allowed two minutes. The Mayor explained the difference between speaking
at the Sutnick Hour and speaking on an agenda item. He added that he was fishing on
Coconut Lane and the reason was because the water from the bay came back up to the
sewers. He said that recently the water came into the bus and he got wet. He stated that
Public Works needs to improve this and suggested a sealer as a flap to be placed at the end
of the pipes.
Handout or Reference Materials:
1. Handwritten note by Alberto R. Machado
2. Copy of article published July 5, 2012 on Transportation titled “US transit probe stalls $41
million for county.”
7) Steve “Bubba” Cohen spoke on the Police Athletic League (PAL) and said that it has been
three years since he brought his item to the Mayor and Commissioner’s Office. He stated
that there was no discovery on this case and no financial questions were asked. This is
financially raping kids of the community, and he cannot stand for it. He asked that someone
asks Miami-Dade Police Department as to the status of this investigation.
Mayor Bower expressed her admiration for his persistence, and asked the City Attorney for a
status update on the issue.
Jose Smith, City Attorney, stated that last step was the referral made to the Public Corruption
Unit of the Miami-Dade Police Department and Director Jim Loftus received the package. He
added that perhaps the Miami Beach Police Department can check on it.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 63
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
Chief Ray Martinez stated that he will be glad to contact Director Loftus, but he was
instructed by the City Manger not to get involved and allow the Legal Department to handle it.
Jose Smith, City Attorney, stated that he was instructed to send the material and a letter to
Director Loftus. He has no problem contacting Mr. Loftus.
Mayor Bower requested the City Attorney to contact Director Loftus and check on the status
of this investigation and to bring to the next meeting in September and check on the statute
of limitations. City Attorney’s Office to handle.
9:05:47 p.m.
R9B2 Dr. Stanley Sutnick Citizen’s Forum. (5:30 p.m.)
ACTION: No speakers.
R9C Florida Department Of Transportation (FDOT) Project’s Status Report Presentation.
(Requested by Neighborhood/Community Affairs Committee)
(Legislative Tracking: Public Works)
ACTION: Discussion held. See discussion with item R7K.
9:05:52 p.m.
R9D Discussion Relating To Healthy Initiatives Being Implemented By The Parks And Recreation
Department In The City Of Miami Beach.
(Requested by Vice-Mayor Jorge R. Exposito)
ACTION: Discussion held.
Vice-Mayor Exposito explained the item. He added that the Parks Department staff has been
very helpful.
Julio Magrisso, Assistant Director of the Parks and Recreations Department, explained the
walking club.
Discussion continued.
Commissioner Exposito stated that he was asked by City of Miami Commissioner Francis Suarez
and City of Coral Gables Commissioner Frank C. Quesada to participate in the City Cup, which
is a mini-triathlon involving one Miami Beach Commissioner and two City employees, each of
whom will participate in one leg of the triathlon.
Motion made by Vice-Mayor Exposito for the City Commission and the City to participate in the
City Cup and raise awareness; seconded by Commissioner Wolfson. Approved. Voice-vote: 6-0;
Absent: Commissioner Góngora. Julio Magrisso to handle.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 64
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
R9E Discuss Letter From John Rivera, PBA President, Regarding Sergeant Manuel Moraga’s Review
Of Termination.
(Requested by Commissioner Jonah Wolfson)
ACTION: Item withdrawn.
R9F Presentation Regarding The Use Of Public Surveillance Cameras.
(Requested By Neighborhood/Community Affairs Committee)
(Legislative Tracking: Police Department)
ACTION: Item not reached.
R9G Discuss And Refer To The Finance And Citywide Projects Committee - Pension Reform And The
Budget Advisory Committee’s Recommendation To Discuss Potential For Referendum.
(Requested by Vice-Mayor Jorge R. Exposito)
ACTION: Discussion held. Item referred. Item moved to the Consent Agenda as a referral
item C4L.
R9H Discussion Item Regarding Former City Manager, Jorge Gonzalez’s Contract Terms.
(City Attorney’s Office)
ACTION: Item not reached, but see action in Item R9L.
R10 - City Attorney Reports
ADDENDUM No.1:
R9I Discussion Regarding North Beach Quality Of Life And Food Trucks.
(Requested by Commissioner Edward L. Tobin)
ACTION: Not reached.
ADDENDUM No.1:
R9J Discussion And Update Regarding The Long Term Solution For Flooding On Star Island.
(Requested by Commissioner Tobin)
ACTION: Item withdrawn by Commissioner Tobin.
ADDENDUM No.1:
R9K Discussion Regarding The Convention Center.
(Requested by Commissioner Edward L. Tobin)
ACTION: Not reached.
Handout or Reference Materials:
1. Memorandum to Kathie Brooks, Interim City Manager from Ed Tobin, Commissioner, dated July 18,
2012 RE: Agenda Item for the July 18, 2012 City Commission Meeting.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 65
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
09:11:06 p.m.
R9L Commissioner Tobin’s Request To Reconsider His Vote On Item R7I “A Resolution Relating To
City Manager Jorge M. Gonzalez” From June 6, 2012 City Commission Meeting.
(Requested by Commissioner Edward L. Tobin)
ACTION: Discussion held. No action taken.
Commissioner Tobin explained his reasons for wanting to reconsider his vote on item R7I from
the June 6, 2012 Commission Meeting. Commissioner Tobin stated that at the June 6, 2012
Commission Meeting, a matter was brought before the Commission to pay for the City Manager’s
health insurance for nine months; at the time, Commissioner Tobin thought the request was
relatively benign and he voted for it. He subsequently learned that the effect is that the former
City Manager gets to bank another nine months of pension and he wanted to know the value. He
has been told that the impact of the decision is $100,000. What he proposes is, as the City is in
negotiations right now for the former Manager's severance package, that the City should resolve
all the severance package issues in one negotiation, and what he wanted to avoid is doing the
negotiations piecemeal. Commissioner Tobin thinks it is just better if the City negotiates all the
former Manager’s contractual benefits at one time. Therefore, he asked the City Attorney if they
could prepare the actual financial impact of the June 6, 2012 decision. City Attorney’s Office to
handle.
Commissioner Tobin stated that he wanted to ensure that the Commission knew what they had
voted for on June 6, 2012, and its financial impact, so he had asked the City Attorney’s Office for
clarification. The explanation he received was that there was a double dip of close to $100,000,
based on the $501,000 demand that the City received from the former Manager.
Donald Papy, Chief Deputy City Attorney, explained that he had been requested to review the
motion made at the June 6, 2012 Commission meeting in regards to the former Manager, and as
he read the motion it was rather hard to follow its back and forth, but seems like there was intent
to give the former Manager his health insurance through the time he is “burning his leave time”
that he would otherwise get in a leave package. That is one issue, and it seems like that was the
primary issue that was being discussed. The other things not discussed was the possibility
whether this decision could have impact on the former Manager’s pension by increasing the in
service time and the earning of additional annual and sick leave. Mr. Papy stated that his
understanding from the information provided by Human Resources is that since the former
Manager will be on the payroll, the decision made at the June 6, 2012 Commission meeting may
result in allowing the former Manager to earn additional annual leave or sick leave.
Commissioner Tobin added that all other employees get to leave with 50% of the sick days and
by paying for the former Manager’s health insurance for nine months, what it also does is allow
the former Manager to burn dollar per dollar every day of his sick time, and there is an additional
50% sick time cost to the City. Commissioner Tobin requested the economic impact. City
Attorney’s Office to handle.
MOTION No. 1
No second offered.
Commissioner Tobin made a motion to reconsider his vote from the June 6, 2012 Commission
Meeting, and to negotiate the entire terms and conditions of the severance package at once, and
requested the City Attorney’s Office to provide a financial impact. No second offered.
Discussion continued.
Don Papy, Chief Deputy City Attorney, stated that one of the elements in the document that he
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 66
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
saw from Ramiro Inguanzo, Human Resources Director, is that the former Manager is asking for
health insurance for one year as part of his severance package. The additional health insurance
payment agreed upon on June 6, 2012 by the Commission appears to be on top of that.
Commissioner Libbin stated that he asked former City Manager Gonzalez, during Agenda
Review for the June 6, 2012 Commission Meeting, if there was a financial impact beyond the
cost of the particular premium for the insurance, and Jorge Gonzalez assured him that there was
none; simply the cost of the insurance and absolutely no impact on pension. Commissioner
Libbin stated that he is surprised about the present discussion, and wonders if this may be a
misunderstanding or misinterpretation, as it was not Jorge Gonzalez’s expectation to get
additional pension or leave time. If the Commission voted for the premium payments that is all
that the former Manager is entitled to.
Don Papy, Chief Deputy City Attorney, stated his understanding of the action taken on June 6,
2012 by the Commission, from reading the transcript and listening to the recording, was that the
focus was on the health insurance. However, Mr. Papy wanted to point out that there could be
other implications as a result of the former Manager staying on the payroll for that period of time.
Mr. Papy explained that unlike other employees in the City, the former Manager’s contract
stipulated that health insurance is paid by the City.
Commissioner Tobin added that if the former City Manager was actually resigning, he could only
get 50% of his accrued sick time. Therefore, what Commissioner Tobin is suggesting is rather
than “giving and giving” they ought to sit down and have a global resolution of the former
Manager’s severance, rather than having a meeting where they “give.” Commissioner Tobin
suggested that the Commission come up with a global resolution of the former Manager’s
severance package, and requested the financial impact of leave time, including a calculation
showing the 50% value of the unused sick time, and to negotiate the entire package, rather than
piece by piece. City Attorney’s Office to handle.
Discussion continued regarding the severance package.
Don Papy, Chief Deputy City Attorney, explained that the resolution that had been prepared and
presented to the Commission on June 6, 2012 stated that if the former Manager resigned as of
July 8 as City Manager, he would remain on paid administrative leave until this July 18
Commission meeting. The theory was to try to work something out and present it to the
Commission on July 18. That has not happened because the City Attorney’s Office just received
the numbers last week and they have had one meeting, and nothing has been resolved with
either the entitlements or what the amounts are.
Jose Smith, City Attorney, in answering Commissioner Libbin’s question, stated that the City
would cover the premiums on the insurance for whatever period the former City Manager had left
on his sick leave and vacation time. The notion of what impact that would have to his pension or
other benefits was never discussed.
Discussion continued on the issue of keeping the former City Manager on the books for nine
months and the possible implication that this would have on the former Manager’s pension.
Commissioner Libbin reiterated his conversation with the former Manager, in which Gonzalez
told him that there was no incremental cost to pension or vacation or anything; that the only cost
was insurance premiums. Commissioner Libbin suggested someone, Ramiro Inguanzo or Jose
Smith, reach out to the former Manager to clarify his intent. City Attorney and Human
Resources to handle.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 67
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
Commissioner Tobin suggested having a written agreement signed by both parties
acknowledging the agreement and he requested Legal to present the City Commission with what
it is that they voted on June 6, 2012. City Attorney’s Office to handle.
Jose Smith, City Attorney, stated that his interpretation of the Commission’s action on June 6,
2012 was that the City would cover the premiums on the insurance for whatever time the former
Manager had left on his sick leave and vacation time. The notion of what impact it would have to
Gonzalez’s pension or other benefits was never discussed. Mr. Smith added that if in fact Mr.
Gonzalez is entitled to all these extra unintended benefits, the Commission could revert to the
original offer and pay a lump sum like it does for any other employee in the City, and that way
Mr. Gonzalez will not burn the time over the nine months.
Ramiro Inguanzo, Human Resources Director, explained that at the June 6 Commission
Meeting, item R7I was discussed, and the afteraction reflected that the former City Manager
would be allowed to start using both his sick and annual leave. In response to Commissioner
Exposito’s question, Mr. Inguanzo stated that although it was not discussed at the June 6
Commission meeting, it was his assumption that the former Manager would be paid 100% of his
sick bank hours.
Thereafter, further discussion regarding the 50% sick leave Ordinance as well the intent of the
City Commission’s vote at the prior City Commission meeting was held.
Commissioner Tobin requested to know the cost for paying for the health insurance. City
Attorney’s Office to handle.
Ramiro Inguanzo, Human Resource Director, explained that he prepared and submitted to the
former Manager, at the request of the City Attorney, a cost out for 12 months of the former
Manager’s aggregate compensation. The cost out was then submitted to the City Attorney, upon
the former Manager’s review. Mr. Inguanzo stated that the City Commission at its June 6
meeting voted on item R7I to allow the former City Manager to use the leave effective July 19, for
a period of time until fully used, approximately February or March; thereby, placing the former
City Manager on Administrative Leave. During further discussion, and in answering
Commissioner Libbin’s question, Mr. Inguanzo explained that it was his understanding that once
the former Manager was placed on leave, the former Manager would be on a paid leave status
accruing benefits of sick and annual time.
MOTION No. 2
No Vote Taken
Motion made by Commissioner Libbin directing the City Attorney’s Office and Human Resources
to draft an agreement that memorializes that there was no increased cost on anything other than
the cost of insurance, and to ask the former City Manager if he agrees then to sign it. If Gonzalez
does not agree to that, then this Commission needs to come back and revisit this issue. Motion
seconded by Commissioner Weithorn. No vote taken.
Commissioner Tobin requested to include the financial impact on pension in the document.
Pension Office to handle.
Don Papy, Chief Deputy City Attorney, clarified that there are two different issues being
discussed: 1) the issue of the actions taken at the June 6 Commission Meeting, Item R7I, and 2)
the issue about the contract, the value, entitlement, etc. The implications beyond the health
insurance, such as earning additional leave, implications for the pension and service time were
not previously discussed.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 68
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
Jose Smith, City Attorney, stated that if the Commission’s intent at the last meeting was to
provide Mr. Gonzalez with insurance and nothing else, but if said action has the unintended
consequence of permitting the former Manager to receive additional benefits such as earning
leave time and additional service time for pension purposes, the Commission can choose to give
the former Manager a lump sum payment for whatever he is entitled to, like any other employee,
rather than letting him burn it through eight or nine months.
Ramiro Inguanzo, Human Resources Director, stated that the spreadsheet submitted to the City
Attorney was a cost out of the former City Manager's contract, showing a breakdown of what he
considered to be the total compensation, including base salary and insurance. Mr. Inguanzo
explained that he was directed by the City Attorney to present the spreadsheet to the former City
Manager, who stated that the numbers were fine.
Commissioner Tobin asked why the City Attorney’s Office and the former Manager could not sit
down and work things out. In response, City Attorney Smith explained, “It takes two to tango.”
Commissioner Tobin urged the parties to make the time and meet.
MOTION No. 3
No second offered
Commissioner Tobin made a motion to negotiate the entire issue at one time; and requested the
former Manager to commence negotiations and provide the City with final numbers.
Discussion continued.
MOTION No. 4
No vote taken
Commissioner Tobin made a motion to negotiate the entire issue at one time; seconded by
Commissioner Wolfson. No vote taken.
MOTION No. 5
No second offered
Motion made by Commissioner Weithorn to reconsider the motion taken at the June 6
Commission Meeting; and thereafter make an offer to the former City Manager subject to exact
terms. No second offered.
Commissioner Weithorn explained that if the Commission reconsiders what it did last time, then
makes a new offer, and if the former Manager does not accept, then there is no agreement and it
is a fair resolution.
Rescinding MOTION No. 2
At this point of the discussion, Commissioner Libbin rescinded his motion.
MOTION No. 6
No vote taken
Motion made by Commissioner Tobin to reconsider the motion taken at the June 6 Commission
Meeting; seconded by Commissioner Wolfson. No vote taken.
MOTION No. 7
No vote taken
Motion made by Commissioner Weithorn to rescind the motion taken at the June 6, 2012
Commission Meeting; and pass something that is “crystal clear” and present it to the former
Manager; seconded by Commissioner Wolfson. No vote taken.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 69
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
Commissioner Wolfson suggested that a vote be taken, in order to do this cleanly. Commissioner
Wolfson stated that he does not believe that the Commission had any idea that they were
creating some sort of secondary benefit.
Mayor Bower inquired about the spreadsheet that was created by Human Resources.
Ramiro Inguanzo, Human Resources Director, explained that he had prepared a spreadsheet
with what he considered to be the former Manager’s total compensation.
Jose Smith, City Attorney, explained that he wanted to know the numbers of what the total
compensation for the former City Manager was as far as Human Resources was concerned. Mr.
Smith added that he requested for Mr. Inguanzo to review the figures with the former City
Manager, before the spreadsheet was given to him.
At this time, Commissioner Weithorn reiterated her motion. (See MOTION No. 7)
Commissioner Tobin stated the former Manager is entitled to health insurance under COBRA.
Commissioner Tobin suggested that they pass a resolution to keep the former City Manager on
the books until September, and have the former Manager come before the Commission and
explain what he wants, if the former Manager has not explained it prior to the negotiation.
Commissioner Wolfson recommended taking action on Commissioner Weithorn’s motion.
Commissioner Wolfson suggested that the June 6, 2012 action be rescinded, and the City should
ask the former Manager to pay for his COBRA. Commissioner Wolfson stated that the City must
be firm when conducting the negotiations with the former Manager.
Commissioner Libbin stated that prior to terminating the former Manager, a cost out should have
been done. Commissioner Libbin reiterated that his understanding from the former Manager was
very clear; that the former Manager’s request for health insurance would have no cost implication
beyond the cost of the premiums. Commissioner Libbin added that the City should put the
agreement in writing, and see if the former Manager concurs.
Mayor Bower requested to table the item for five minutes, in order to take other items not yet
reached in the Agenda.
Thereafter discussion was had on the items still pending on the agenda, including the
rescheduling of the presentation regarding the use of public surveillance cameras in the
Entertainment District to the July 25, 2012 Budget Briefings of the Finance And Citywide Projects
Committee.
Commissioner Weithorn asked if the meeting could be adjourned.
Mayor Bower declared the meeting adjourned.
MOTION No. 8
No vote taken
Commissioner Tobin moved to reconsider the adjournment; as the City needs direction on the
issue of the former Manager’s health insurance; seconded by Commissioner Wolfson. No vote
taken.
Commissioner Tobin requested that his vote be recorded on the Motion to reconsider.
Commissioner Tobin called the question on his motion to reconsider.
Handout or Reference Materials
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 70
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
1. Email from Edward Tobin to Jose Smith, dated July 13, 2012 RE: Agenda Item for July 18
Commission Meeting.
2. Email from Jose Smith to Rafael Granado dated July 13, 2012 RE: Placing item on the July 18, 2012
Commission Agenda Reconsidering Commissioner Tobin’s vote on item R7I at the June 6, 2012
Commission Agenda.
R10A City Attorney’s Status Report.
(City Attorney Office)
ACTION: Report included in the Agenda.
3:05:52 p.m.
Mayor Bower announced the Closed Executive Session.
3:05:58 p.m.
Announcement by the City Clerk:
R10B Notice Of Closed Executive Session
Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will Be Held During
Recess Of The City Commission Meeting On Wednesday, July 18, 2012, In The City Manager’s
Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To Collective
Bargaining.
The Closed Executive Session Will Be Held In The City Manager’s Large Conference Room,
Fourth Floor, City Hall.
ACTION: Closed Executive Session announced and held.
11:14:03 a.m.
Jose Smith, City Attorney, announced the Closed Executive Session below:
R10C Closed Attorney-Client Session
Pursuant To §286.011, Florida Statutes, The City Attorney Hereby Advises The Mayor And City
Commission That He Desires Advice Concerning The Following Pending Litigation Matter:
The City Of Miami Beach, Florida Vs. Ultra Music Festival Corp. Case No.: 11-03908 CA 02
Therefore, A Private Closed Attorney-Client Session Will Be Held During The Lunch Recess Of
The City Commission Meeting On July 18, 2012, In The City Manager’s Large Conference
Room, Fourth Floor, City Hall, To Discuss Settlement Negotiations And/Or Strategy Related To
Litigation Expenditures With Regard To The Above-Referenced Litigation Matters.
The Following Individuals Will Be In Attendance: Mayor Matti Herrera Bower; Members Of The
City Commission: Jorge Exposito, Michael Góngora, Jerry Libbin, Edward Tobin, Deede
Weithorn And Jonah Wolfson; Interim City Manager Kathie G. Brooks, City Attorney Jose Smith,
And First Assistant City Attorney Steven Rothstein.
ACTION: Closed Executive Session held. Motion made by Commissioner Libbin to accept the
settlement of $60,000; seconded by Commissioner Tobin; Voice vote; 6-0; Absent:
Commissioner Wolfson. City Attorney’s Office to handle.
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 71
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
R10C A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida
Approving And Adopting The Settlement Between Festival Productions MXT, LLC, And The City
Of Miami Beach In The Amount Of $60,000.00, And Authorizing The City Manager And City
Attorney To Take Such Actions As Are Necessary And Appropriate Steps For The
Implementation Thereof.
(City Attorney’s Office)
ACTION: Resolution 2012-27977 adopted. City Attorney’s Office to handle.
Official Resolution Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA APPROVING AND ADOPTING THE SETTLEMENT BETWEEN FESTIVAL
PRODUCTIONS MXT, LLC, AND THE CITY OF MIAMI BEACH IN THE AMOUNT OF
$60,000.00, AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE
SUCH ACTIONS AS ARE NECESSARY AND APPROPRIATE STEPS FOR THE
IMPLEMENTATION THEREOF.
Reports and Informational Items
Reports and Informational Items (see LTC No. 172-2012)
End of Regular Agenda
Afteraction July 18, 2012 City of Miami Beach
Prepared by the City Clerk’s Office Page No. 72
M:\$CMB\CITYCLER\AFTERACT\2011-2012\2012\Afteractions\20120718\aa20120718.docx
Miami Beach Redevelopment Agency
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
July 18, 2012
Chairperson of the Board Matti Herrera Bower
Member of the Board Jorge Exposito
Member of the Board Michael Góngora Absent
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
Interim Executive Director Kathie G. Brooks
Assistant Director Jorge Gomez
General Counsel Jose Smith
Secretary Rafael E. Granado
AGENDA
1. NEW BUSINESS
8:55:26 p.m.
SUPPLEMENTAL MATERIAL 1: Resolution
A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment
Agency (RDA), Authorizing The Executive Director, Or Her Designee, To Select,
Negotiate, Award And Reject All Bids, Contracts, Agreements, Purchase Orders, Change
Orders And Grant Applications; Renew Existing Contracts Which May Expire; And
Terminate Existing Contracts, As Needed, From The Last RDA Meeting On July 18,
2012, Until The First Regularly Scheduled RDA Meeting On September 12, 2012, Subject
To Ratification By The RDA At Its First Regularly Scheduled Meeting On September 12,
2012. Joint City Commission & Redevelopment Agency
(Procurement)
ACTION: Item heard in conjunction with R7J. Resolution No. 586-2012 adopted.
Motion made by Board Member Weithorn; seconded by Board Member Libbin; Voice vote
6-0; Absent: Board Member Góngora. Raul Aguila to handle.
Meeting called to order at 8:55 p.m.
There was no discussion.
Meeting adjourned at 10:03:47 p.m.