20121024 AAAfteraction October 24, 2012 City of Miami Beach
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City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
October 24, 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.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach, entitled "Lobbyists,"
requires the registration of all lobbyists with the City Clerk prior to engaging in any
lobbying activity with the City Commission, any City Board or Committee, or any personnel
as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws
are available in the City Clerk's Office. Questions regarding the provisions of the Ordinance
should be directed to the Office of the City Attorney.
Special note: In order to ensure adequate public consideration, if necessary, the Mayor and City Commission
may move any agenda item to the alternate meeting date, which will only be held if needed. In addition, the
Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without reaching all
agenda items.
Meeting called to order at 9:49:53 a.m.
Inspirational Message given by Rafael E. Granado, City Clerk.
Pledge of Allegiance led by Jared Robbins.
The City Commission will recess for lunch at approximately 1:00 p.m.
SUPPLEMENTAL MATERIAL 1:
C7J Resolution
C7K Resolution & Draft Lease Agreement
C7L Memorandum & Resolution
R5D Ordinance
R7L Memorandum & Resolution
R7M Memorandum & Resolution
R7N Memorandum & Resolution
R7O Memorandum & Resolution
R7P Resolution
R9L Resolution
1A Memorandum & Resolution
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SUPPLEMENTAL MATERIAL 2:
C7G Resolution
ADDENDUM 1:
C4J C4K R9N R90 R9P
ADDENDUM 2:
C4L C4M C4N R9Q
ADDENDUM 3:
R9R (Emergency Item)
R9S (Emergency Item)
ADDENDUM
Vice-Mayor Exposito requested adding an emergency item to the Addendum in reference to
Amendment 4, in order to educate Miami Beach voters on the ballot question, its impact and
consequences. Item R9S added as an emergency item.
Motion made by Commissioner Weithorn to add items C4J, C4K, C4L, C4M, C4N, R9N, R9O,
R9P, R9Q, and R9R and R9S to the Agenda as emergency items; seconded by Vice-Mayor
Exposito; Voice vote: 7-0.
Presentations and Awards
9:55:13 a.m.
PA1 Certificates Of Appreciation To Be Presented To The Miami Beach Police Department's Officer
Of The Month For July, August And September 2012.
(Requested by Vice-Mayor Jorge R. Exposito)
ACTION: Certificates presented.
Vice-Mayor Exposito explained that for his August award, Officer Fleischhauer was investigating
a situation where a boat was on fire, and his team was able to help the Captain and others come
out of the boat and drag the boat away from the area to avoid spread of the fire. Because of his
brave and rapid action, it avoided the officer getting hurt, the boat sinking creating an ecological
problem and problems to other parts of the City. For his award in July, he was involved in a
vigorous search while fighting high seas. Miraculously he located a capsized vessel about six
miles offshore and realizing there were survivors, he notified the Coast Guard and assisted them,
bringing them to safety. In September he saved a K9 dog's life after noticing smoke rising from
the vehicle, taking rapid action, and for this he received a Life Saving Award. On behalf of the
City, Officer Fleischhauer was recognized for his services during these months.
Police Chief Martinez added that in July, Officer Fleischhauer was also selected for the entire
Miami-Dade County and received the Life Saving Medal. He has been recently assigned to the
Marine Patrol; has served for 10 years with CITO working on the waters and he is an incredible
addition to the department.
Commissioner Tobin explained that the training to get on Marine Patrol is risky and very tough
and he commended him for a good job.
Handout or Reference Materials:
1. Recipients’ names
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10:02:28 a.m.
PA2 Certificates Of Appreciation To Be Presented To The Members Of The Budget Advisory
Committee (BAC) For All Their Work, Long Hours And Countless Meetings This Past Year
Regarding The Pension Recommendations.
(Requested by Mayor Matti Herrera Bower)
ACTION: Certificates presented.
Mayor Bower presented certificates to all Budget Advisory Committee (BAC) members for coming
to the aid of the City, and working hard on pension issues throughout the year. They did an
excellent job and are being recognized for their hard work as volunteers to the City. She
introduced Laurence Herrup, Antonio Hernandez, Sr., Marc Gidney, John Gardiner, Jack
Benveniste, Dushan Koller, David Lancz, Stephen Hertz and Jacqueline Lalonde.
Marc Gidney, BAC Chairperson, stated that as a committee, they have a real heartfelt feeling for
the City and are glad to assist.
Jacqueline Lalonde thanked Commissioner Weithorn for the task given and explained that they
have a very qualified board that is impartial and focused; they are here to serve, and it is their
pleasure to do so.
Mayor Bower stated that it was also a pleasure for her to work with such wonderful people that
live and care for Miami Beach.
Commissioner Tobin stated that the honor is well-deserved and each member of the committee is
appreciated. They have a great team, well-prepared, dedicated and respectful. He hopes that the
members will take a look at the Fire Department’s reorganization.
Commissioner Weithorn stated that it was a hard project that she forwarded to the committee, but
only because they are such a qualified board and she has faith in them. She thanked them for
their hard work and the caliber of work they do.
10:11:52 a.m.
PA3 Certificates Of Recognition To Be Presented To Celia Zaremba And Independent Living
Community Services (Employer/Participant In UNIDAD’s Senior Placement Program).
(Requested By Commissioner Jonah Wolfson)
ACTION: Item heard in conjunction with item PA14. Certificates presented.
Commissioner Wolfson congratulated Mara Mignardi, Director of UNIDAD, for receiving the
Hispanic Heritage Award, which he had proudly nominated her for. He explained that every
month the Commission highlights samples of job placement successes from UNIDAD. He
introduced Ms. Zaremba to tell her story.
Celia Zaremba explained her story, and how with the help of UNIDAD she has learned the
English language. She was also able to recuperate from the loss of her husband and learn new
computer skills to enjoy independent living, and she is now able to help a diverse group of Senior
citizens.
Raymond Adrian, Director of Operations at UNIDAD, thanked Mayor Bower and the
Commissioners, especially Commissioner Wolfson, for sharing these stories on a monthly basis.
He added that UNIDAD also has youth programs, and funding not only from the City, but also
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from private sectors.
Margarita Cepeda, Executive Director, UNIDAD, gave a brief summary of the amount of funding
received from the Department of Elderly Affairs during the past 12 years, with a total funding of
$10.1 million for the program and created 1,500 participant slots, which means job openings; out
of that, 300 seniors receive full employment in the community every year. She explained that this
is a special day because the people that make this happen are here today. She introduced from
the Department of Elderly Affairs representative JoAnn Williams. She explained that Ms. Williams
is conducting an audit this week, and UNIDAD was awarded “Best Practices” and “Best
Performance” in the state. She introduced Ms. JoAnn Williams.
JoAnn Williams, Department of Elderly Affairs Representative, stated that UNIDAD goes above
and beyond what is required for the senior employment program, from maintaining records of
services provided to being transparent. They reach out to various partners in the communities to
make the participants succeed. To show their appreciation, it is her pleasure to recognize
UNIDAD of Miami Beach for the outstanding performance achieved over the last program year.
She presented UNIDAD with the “Soaring Eagle” award.
Commissioner Wolfson explained that this is a program that Mayor Bower founded and she has
been a star for this program and this community, and it is her legacy. He presented certificates to
UNIDAD and JoAnn Williams on behalf of the City Commission.
10:26:11 a.m.
PA4 Certificate Of Recognition To Be Presented To Cuban American Patriots And Friends (CAPAF)
And Its President Emilio Izquierdo, Jr.
(Requested By Commissioner Jonah Wolfson)
ACTION: Certificate presented.
Commissioner Wolfson explained that the Cuban-American patriots and Friends is a group that
meets monthly at Versailles; its mission is to involve the entire community understand what it is
that the exile community can go through, and those issues that affect the community. In
particular, the reason this item is here today is because of the disappearance of the Cuban Flag
from the Freedom Tower.
Vice-Mayor Exposito shared his personal story, from a historical perspective, when his family
went through the Freedom Tower upon arriving from Cuba.
Emilio Izquierdo Jr. expressed his sadness because the Freedom Tower and other sacred
monuments have been under attack for many years, and thanked Commissioner Wolfson, Mayor
Bower and all the other Commissioners for the recognition.
Dalila Rodriguez shared her story when coming from Cuba to the Freedom Tower, and thanked
Commissioner Wolfson for his sensitivity towards the Cuban community.
Hugo Arza said “Viva Cuba Libre” and “Viva USA.”
Blanquita Garcia spoke in support of keeping the Cuban flag at Freedom Tower and stated that
she keeps on fighting for Cuba’s liberty someday.
Dalila Rodriguez added that she does not understand how can the flag be taken away, and why is
there not an explanation. The community needs an explanation.
Maggie Vangueller spoke.
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10:43:43 a.m.
PA5 Proclamation To Be Presented To Osteria Del Teatro For Their 25 Years Of Service.
(Requested By Commissioner Jonah Wolfson)
ACTION: Proclamation presented.
Commissioner Wolfson recognized Mr. Gonzalez and Chef Martin for being good citizens and
residents of Miami Beach.
Gilbert Gonzalez stated that Chef Martin Perez and himself are glad to have been in the business
for 25 years and thanked the City Commission for the proclamation.
Mayor Bower stated that Osteria Del Teatro is a pioneer in the business, and she recognized
them for their great food, for their vision, and for bringing business and staying in business for
that length of time.
Commissioner Wolfson proclaimed today “Osteria Del Teatro Day” in the City of Miami Beach.
Chef Martin Perez thanked everyone.
11:04:59 a.m.
PA6 Proclamation To Be Presented To The Homeless Trust Declaring November 15, 2012 Homeless
Awareness Day.
(Requested by Commissioner Deede Weithorn)
ACTION: Proclamation presented. See referral. Patricia Walker to place on the committee
agenda.
REFERRAL:
Encourage more businesses to support efforts by putting more parking meters and a portion of
the funds to go to the Trust for homeless services. Item referred to the Finance and Citywide
Projects Committee.
End
Commissioner Weithorn introduced the item and called Ron Book, Chair of the Trust, and former
Assistant City Manager Hilda Fernandez.
Mr. Ronald L. Book, Esq., Chairman, MDC Homeless Trust, recognized Hilda Fernandez and
Kathy Martinez for their efforts. He stated that he is privileged to have been in the board for 20
years, and during that time, former Miami Beach Commissioner David Pearlson led the efforts to
put money on the table for this cause; he also thanked the continued leadership of the City. He
explained that the goal of the Trust is to continue to take the message to the community that the
fight is not done. He stated that restaurants in Miami Beach pay a food and beverage tax, and to
date, $18.5 million has been raised by that tax, which 85 percent of that goes to fight
homelessness. Homeless Awareness Day is about telling this community that we are fighting
together. It is about telling people panhandling is bad and feeding people on the streets is bad.
Fifty percent of those people that panhandle are not homeless.
Mayor Bower asked Mr. Book to explain about parking meters.
Mr. Book explained that the Trust has “parking meters” located around the beach where the
money deposited is used to assist the homeless; including in Joe's Stone Crab’s private parking
lot, because Joe's is committed to putting on meters there to help the homeless. The idea is to tell
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people panhandling is not the right way; 100 cents of every dollar goes to buy more beds and
services for their continuum of care, for community plans and homelessness. He recognized
Hilda Fernandez’s tireless work on this program.
Mayor Bower wants to remind people to put money in these special parking meters designated to
help the homeless.
11:22:10 a.m.
Commissioner Weithorn stated that there should be a homeless assistance parking meter in City
Hall, and she will refer that to Finance Committee and work on it.
Commissioner Wolfson stated that this also sends a message not to encourage panhandling.
Mayor Bower recognized former Assistant City Manager Hilda Fernandez for her efforts and
dedication to the Homeless program while with the City of Miami Beach.
Commissioner Tobin also commended former Commissioner Pearlson, who Mr. Book had
mentioned, for his dedicated services to the City.
Referral
Commissioner Weithorn referred the issue of encouraging businesses to support the effort of
implementing more parking meters to the Finance and Citywide Projects Committee. Patricia
Walker to place on the committee agenda.
10:48:27 a.m.
PA7 Department Of Veterans Affairs/Veterans Day National Committee Designates Miami Beach,
Florida As A Regional Site For The Observance Of Veterans Day.
(Requested by Commissioner Jerry Libbin)
ACTION: Designation Plaque received.
Commissioner Libbin announced that November 11th is Veteran's Day. He added that it has
been a pleasure for the past four years to coordinate Veteran's Day Parade and encouraged
everyone to register and participate in the one-mile walk, which starts at 17th Street and
Washington Avenue. They will walk down to 11th Street and West over to Flamingo Park with the
police assistance. The event this year is being recognized by the Department of Veteran’s
Affairs. He read a letter from the Secretary of Veterans Affairs, and a plaque has been presented
to the City designating Miami Beach, Florida as a Regional Site for the Observance of Veteran’s
Day 2012. Commissioner Libbin recognized Captain Mark Causey and his aide Enid Rodriguez
for their efforts. This year, besides the parade, they will walk into the football stadium, either
walking or driving a car. The ceremony will begin with the Golden Knights, a professional
parachute team. In addition, the highest-ranking official General is arriving by helicopter to land
on the field to give the keynote address. He thanked the City Commission and Administration for
the support, and thanked the Department of Veterans Affairs for the plaque.
Vice-Mayor Exposito recognized Commissioner Libbin for his persistence in getting this done.
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10:59:53 a.m.
PA8 Certificate Of Appreciation To Be Presented To Pilar Saavedra For Her Dedication To The Senior
Citizens At The North Shore Youth Center.
(Requested by Commissioner Michael Góngora)
ACTION: Certificate presented.
Commissioner Góngora introduced Ms. Saavedra, and explained that she has been with the City
since 1997, and works with seniors at the North Beach Youth Center. She demonstrates love
and dedication, patience and concern in the work that she does, and for going above and beyond
her duties, she is deserving of this certificate.
Pilar Saavedra thanked the City Commission, Commissioner Góngora and her supervisor, Cindy
Casanova.
10:55:53 a.m.
PA9 Certificate Of Recognition To Be Presented To Manolo Restaurant For Their Long Standing
Contribution To Miami Beach.
(Requested by Commissioner Michael Góngora)
ACTION: Certificate presented.
Commissioner Góngora presented a Certificate of Recognition to Manolo Restaurant. He called
co-owner Federico Delanie and Gonzalo Gilardoni, Manager of the South Beach location. They
have done an incredible job. Manolo Restaurant has been on the beach since 1974.
Commissioner Góngora gave a historical background of the origins of the restaurant, and
commended them for their commitment.
Federico Delanie thanked the City Commission for the recognition and explained that the
business has passed from generation to generation for the past 82 years, from grandfather to
sons and grandsons. He presented the City Commission with their famous “churros.”
6:38:23 p.m.
New Item:
PA10 Key To The City/Olympic Medalist Danell Leyva.
(Requested by Commissioner Michael Góngora)
ACTION: Key to the City presented.
Commissioner Góngora explained that Mr. Leyva is a true example of the American dream. As
most people know, he is the 2011 US National All Around gold medalist and 2011 World
Champion on parallel bars, but most people know him from the 2012 London Olympics, where
he won a bronze medal in the Men’s All Around. He was the first male Cuban-America to win a
medal in the Olympics. He shared a brief biography with the audience. Mr. Leyva is not only an
Olympic medalist, but an inspiration. It is out honor to bestow Mr. Leyva with the Key to the City.
Danell Leyva thanked the City Commission and the people who supported the US team. It is a
huge honor to receive the Key. In answering Commissioner Góngora question, he reached into
his pocket and showed the Olympic medal won to the audience.
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New Item:
9:51:28 a.m.
PA11 Proclamation/Declare October 24th Jared Robins Day.
(Requested By Commissioner Tobin)
ACTION: Proclamation presented.
Commissioner Tobin introduced Jared Robins, a Senior student at Miami Country Day, and
explained that Jared entered The Miami Herald regional contest titled “The Best Block in South
Florida.” Jared submitted an entry, including a video and a written essay of why Espanola Way
should be the Best Block in Florida. Jared Robins and Espanola Way were the winners among
150 other submissions. He proclaimed “Jared Robins Day” in the City of Miami Beach on behalf
of the Mayor and City Commission.
Jared Robins thanked everyone for the proclamation and The Miami Herald for presenting the
opportunity to the public.
11:25:58 a.m.
New Item:
PA12 Certificate of Recognition, MBPD’s Agency Inspector Of The Year Award.
(Requested by Vice-Mayor Exposito)
ACTION: Certificate presented to Officer Kevin Milan, recipient of the 2011 Florida Association
of Chemical Testers, Agency Inspector of the Year Award.
Vice-Mayor Exposito introduced the item and recognized Officer Milan for his nomination and
services to the community.
Police Chief Martinez presented a plaque from the Florida Association of Chemical Testers to
Officer Milan.
Handout or Reference Materials:
1. Recipients’ names
11:28:30 a.m.
New Item:
PA13 Certificate of Recognition/i-Run, “Running w/ The RAM” Project.
(Requested by Vice-Mayor Exposito)
ACTION: Certificate presented to Hector Arana.
Vice-Mayor Exposito recognized Hector for promoting the program and explained that he has
helped publicize the RAM Run to foster a closer relationship between the Police Department and
the community. This is part of what he calls “accomplishing a healthier community,” and he
thanked him for everything he does to encourage these activities.
Police Chief Martinez stated that Hector opened a store on Biscayne Boulevard a few years ago
called i-Run, and has been doing that successfully. When the MBPD started their club, it was
with the effort to promote health and fitness. Hector helped them through what was needed to be
done, and has been a big supporter ever since. The run team meets every Tuesday at 6:30
p.m., and he welcomes the public to participate.
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10:11:52 a.m.
New Item:
PA14 Certificate of Recognition/Joanne Williams, UNIDAD for SCSEP Program.
(Requested By Commissioner Bower)
ACTION: Item heard in conjunction with PA3. Certificate presented.
11:08:08 a.m.
New Item:
PA15 Recognition to Staff Who Participated In Biscayne Elementary Second Grade School Field Trip
Presentation “Who’s In Charge.”
(Presented by Commissioner Deede Weithorn)
Commissioner Weithorn stated that this past Monday the City welcomed 95 students from the IB
Second Grade class at Biscayne Elementary. To have 95 students at City Hall for most of the day
was a task that required much help from many people, and she wanted to formally thank those
involved. First and foremost, Alex Fernandez, who coordinated the event; Leslie Rosenfeld, the
transportation experts, the Fire Department, Graham Winick from Special Events, Rafael E.
Granado, City Clerk and Lily Hatfield; Police Officers from PAL, Claudia Wong from Parking, Luis
Wong and Frances Francis from the Mayor's Office, Barbie Paredes, from Vice-Mayor Exposito’s
Office, and Desiree Kane from Commissioner Tobin's Office. She also wants to thank her
colleague Commissioner Libbin for popping in to talk to the kids.
New Item:
7:24:02 p.m.
Announcement of the Passing of Thomas Daly
Mayor Bower announced the passing of a very prominent developer, Thomas Daly. He had been
in the City for many years and contributed to many developments and projects that have changed
the City in many ways. She offered heartfelt prayers to the family and expressed her
condolences.
New Item:
7:25:18 p.m.
Announcement of Passing of Andrea Castillo
Commissioner Wolfson announced the passing of the daughter of Miami-Dade County School
Board Member Susie Castillo. He offered the family deepest condolences.
Handout or Reference Materials:
1. Obituary published in Locales, El Nuevo Herald, dated October 25, 2012
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CONSENT AGENDA
ACTION: Motion made by Commissioner Weithorn to approve the Consent Agenda; seconded by
Vice-Mayor Exposito; Voice-vote: 7-0.
C2 - Competitive Bid Reports
C2A Request For Approval To Issue A Request For Qualifications (RFQ) For Design/Build Services
For Right Of Way Infrastructure Improvement Program Neighborhood No. 13: Palm & Hibiscus
Islands.
(Capital Improvement Projects/Procurement)
ACTION: Request authorized. Fernando Vazquez and Raul Aguila to handle.
C4 - Commission Committee Assignments
C4A Referral To Finance And Citywide Projects Committee - Discussion Regarding: Water And Sewer
Deposits; Implementing Rules And Regulations; And Application Of Rules Similar To Miami-Dade
Water And Sewer Department.
(Requested by Vice-Mayor Jorge R. Exposito)
ACTION: Referred. Patricia Walker to place on the committee agenda and to handle.
C4B Referral To Finance And Citywide Projects Committee - Discussion Regarding: Business Tax
Receipt Renewal Notices; How We Handle Over Charges; Reasons For Miscalculations; And
Corrective Action Plan.
(Requested by Vice-Mayor Jorge R. Exposito)
ACTION: Referred. Patricia Walker to place on the committee agenda and to handle.
C4C Referral To Finance And Citywide Projects Committee - Consider New Policy Establishing
Criteria For The Reimbursement Of Guarantee Deposits For Those Customers Who Have
Established A Positive Payment History On Their Water Bill.
(Requested by Commissioner Deede Weithorn)
ACTION: Referred. Patricia Walker to place on the committee agenda and to handle.
C4D Referral To The Finance And Citywide Projects Committee - Discussion Regarding An
Amendment To The Lease Between The City And Massage Partners, Inc., Located At 767 17th
Street, Said Amendment Regarding A Proposed Additional Use Of The Leased Premises, A
Proposal To Grant Necessary Access To Additional Restroom Facilities; And A Corresponding
Rent Adjustment.
(Real Estate, Housing & Community Development)
ACTION: Referred. Patricia Walker to place on the committee agenda. Anna Parekh to
handle.
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C4E Referral To The Finance And Citywide Projects Committee - Discuss Catering Options For The
Miami Beach Convention Center.
(Requested by Commissioner Michael Góngora)
ACTION: Referred. Patricia Walker to place on the committee agenda. Max Sklar to handle.
C4F Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding Changing
The Bikeways Blue Ribbon Committee To A City Committee.
(Requested by Mayor Matti Herrera Bower)
ACTION: Referred. Barbara Hawayek to place on the committee agenda. Fred Beckmann to
handle.
C4G Referral To The Finance And Citywide Projects Committee - Discussion Regarding Disposition Of
Surplus Equipment.
(Public Works)
ACTION: Referred. Patricia Walker to place on the committee agenda. Fred Beckmann to
handle.
C4H Referral To The Neighborhood/Community Affairs Committee - A Discussion Regarding
Amendments To The Current Sidewalk Café Ordinances.
(Public Works)
ACTION: Referred. Barbara Hawayek to place on the committee agenda. Fred Beckmann
and Jorge Gomez to handle.
C4I Referral To The Finance And Citywide Projects Committee – Discussion Regarding The Budget
Advisory Committee’s Proposed Policies And Guidelines For The City’s Pension Plans.
(City Manager’s Office)
ACTION: Referred. Patricia Walker to place on the committee agenda. Carla Gomez to
handle.
ADDENDUM 1:
C4J Referral To The Land Use And Development Committee To Discuss Hotels In Residential
Neighborhoods And Parking Requirements.
(Requested by Commissioner Michael Góngora)
ACTION: Referred. Richard Lorber to place on the committee agenda and to handle.
ADDENDUM 1:
C4K Referral To The Committee Of The Whole A Discussion Regarding Staff Participation At
Commission Organized Meetings.
(City Manager’s Office)
ACTION: Referred. Lilia Cardillo to place on the Commission Agenda and to handle.
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ADDENDUM 2:
C4L Referral To The Finance And Citywide Projects Committee Relating To The Explanation And
Viability Of City’s Self-Funded Health Insurance Plan.
(Requested By Vice-Mayor Jorge R. Exposito)
ACTION: Referred. Patricia Walker to place on the committee agenda. Rafael E. Granado
handle.
ADDENDUM 2:
C4M Referral To Neighborhood/Community Affairs Committee To Discuss Naming 8th Street After
Tony Goldman.
(Requested by Commissioner Edward L. Tobin)
ACTION: Referred. Barbara Hawayek to place on the committee agenda. Max Sklar and Raul
Aguila to handle.
ADDENDUM 2:
C4N Referral To The Land Use And Development Committee To Discuss A Code Amendment
Requiring That The Planning Board Has Up To Two (2) Meetings To Consider A Proposed
Amendment; Or If No Recommendation Is Made After Two (2) Meetings, It Goes To Commission
Without Planning Board Recommendation.
(Requested by Commissioner Jonah Wolfson)
ACTION: Referred. Richard Lorber to place on the committee agenda and to handle.
City Clerk’s Note: See PA6 for referral to the Finance and Citywide Projects Committee. Patricia
Walker to place on the committee agenda.
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C6 - Commission Committee Reports
C6A Report Of The Capital Improvement Projects Oversight Committee Meeting Of July 16, 2012: 1)
Attendance. 2) Review & Acceptance Of Minutes. 3) Accomplishments: Flamingo Park Holtz
Tennis Center Construction Commencement. 4) Public Comments. 5) Old Business/Requested
Reports: 5A) North Beach Neighborhoods: 5A1) Status Report: Normandy Isle Neighborhood
Improvements; 5A2) Status Report: Biscayne Point Neighborhood Improvements Project; 5B)
Middle Beach Neighborhoods: 5B1) Status Report: Sunset Islands I & II; 5B2) Status Report:
Sunset Island III & IV; 5B3) Status Report: Lower North Bay Road; 5C) South Beach
Neighborhoods: 5C1) Status Report: Venetian Islands Neighborhood Improvement Project; 5C2)
Status Report: Palm & Hibiscus Island Neighborhood Improvements & Utilities Undergrounding;
6) Commission Items: 6A) Bayshore Right Of Way Improvement Project: 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. 6B) South Pointe Phases III,
IV And V: 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 Approving An
Amendment To The Original Basis Of Design Report (BODR) For Additional 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.
ACTION:
Item No.1: Attendance.
See attendance sheet copy attached.
Item No. 2: Review & Acceptance Of Minutes.
MOTION: Acceptance of Report (Minutes) of the April 9, 2012 CIPOC Meeting.
MOVED: S. Kilroy 2nd: C. Cuervo
PASSED: With Amendments – UNANIMOUS
Item No. 3: Accomplishments: Flamingo Park Holtz Tennis Center Construction
Commencement.
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A groundbreaking ceremony took place June 8, 2012.The north courts have been demolished
and the south courts remain open during that construction. The new courts will then open while
demolition and construction occurs on the south courts. No written material was included in the
agenda packet.
Fernando Vazquez mentioned that the football field and track will be the next projects to take
place in Flamingo Park.
Saul Gross asked about the relocation of the Property Management facility from the park. The
new facility is currently under design, and the Office of CIP anticipates receiving a guaranteed
maximum price soon. When that GMP is in, the information will be brought to CIPOC.
Item No. 4: Public Comments.
No one came forward with public comments
Item No. 5: Old Business/Requested Reports:
Item No. 5A: North Beach Neighborhoods.
Item No. 5A1: Status Report: Normandy Isle Neighborhood Improvements.
Status Report: Normandy Isle Neighborhood.
Mattie Reyes, Senior Capital Project Coordinator reported that the lighting installation on
Marseille Drive has been completed. Additionally, landscaping projects are commencing with the
Parks Department, installing trees that were missing or needed replacement following the right of
way project. There is one contract for all of the outstanding items, being addressed by one A/E
and one contractor.
Item No. 5A2: Status Report: Biscayne Point Neighborhood Improvements Project;
Status on Biscayne Point Neighborhood Improvement Project.
Not discussed at the meeting.
Item No. 5B: Middle Beach Neighborhoods:
Item No. 5B1: Status Report: Sunset Islands I & II.
Maria Hernandez, Senior Capital Projects Coordinator said that drainage is now being addressed
on Island II. The project team is coordinating with utility companies for some of the utility
relocations. About 41% of the drainage structures have been installed, seasonal rain has slowed
the roadway work, but this was anticipated. The sewer manholes need to be lined, so the team is
addressing this need with Public W orks to incorporate this component into the current work.
Estimated completion is April of 2013 (This is a bit later than the original schedule, but
incorporates added scope). So far, there have been no delay claims.
Elizabeth Camargo asked when the contractor will fill in holes that were cut into the asphalt.
Maria Hernandez responded that no temporary asphalt will be installed. The roads are too narrow
and become wet so this has to wait until work is complete. When the President visited a resident
on Island II, the crews put down rock material to alleviate the muddy conditions in the work zone.
This rock may be used more to stabilize the road. It is costly, so it will be used sparingly.
Item No. 5B2: Status Report: Sunset Island III & IV:
Status Report: Sunset Islands III & IV.
Rick Saltrick, Acting City Engineer explained that the consulting firm of C3TS is working on the
design criteria package (DCP). The utilities are above ground. The community is voting in the fall
on whether or not to relocate the utilities. Once that is determined, the DCP can be finalized and
the project may be ready to go to a design/build firm by the end of the year.
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Dwight Kraai asked about the status of the landscaping at the entrance feature. A new
guardhouse is being built, and the contractor has to complete permitting before it is constructed. It
will be located within the center planter that has been built.
Item No. 5B3: Status Report: Lower North Bay Road:
Status Report: Lower North Bay Road
Maria Hernandez told the Committee that the contractor obtained all the necessary permits. The
contractor requested additional funds for an increase in material cost (the project has been on
hold since it was awarded in December 2011, while the City worked out the plans to conform with
new requirements, not the fault of the contractor). Change orders (minor modifications) are being
reviewed by the consultant (Atkins) and the team will negotiate a final number.
Item No. 5C: South Beach Neighborhoods:
Item No. 5C1: Status Report: Venetian Islands Neighborhood Improvement Project.
Status Report: Venetian Islands
Not discussed at the meeting
Item No. 5C2: Status Report: Palm & Hibiscus Island Neighborhood Improvements &
Utilities Undergrounding;
Status Report: Palm & Hibiscus Island Undergrounding.
Mattie Reyes, Senior Capital Project Coordinator, said that the architects signed the contract
package. The architect is completing the DCP.
Item No. 6: Commission Items:
Item No. 6A: Bayshore Right Of Way Improvement Project: 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.
MOTION: Recommend to the Mayor and Commission to pass the resolution.
MOVED: S. Kilroy 2nd: T.Trujillo
PASSED: 1 Opposed (Dwight Kraai)
Item No. 6B: South Pointe Phases III, IV And V: 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 Approving An
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Amendment To The Original Basis Of Design Report (BODR) For Additional 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.
MOTION: Recommend to the Mayor and Commission to pass the resolution.
MOVED: C. Cuervo 2nd: S. Kilroy
PASSED: UNANIMOUS
C6B Report Of The Land Use And Development Committee Meeting Of September 19, 2012: 1)
Proposed Parking District #5 For The Alton Road Corridor. 2) Discussion Regarding The Re-
Zoning Of The Property At 1729 Lenox Avenue. 3) Reduced Parking Rates For Hotel Employees.
4) Review Of Miami Beach Land Use Boards To Improve The City Of Miami Beach Building And
Planning Department Processes. 5) Discussion On Policy Consideration Regarding The Granting
Of Subterranean Or Aerial Rights Over Public Property. 6) Discussion Of RFP For Tennis
Maintenance And Bifurcating Maintenance And Operations. 7) Discussion On The Euclid Avenue
Street End Project.
ACTION:
Item No. 1: Proposed Parking District #5 For The Alton Road Corridor.
MOTION: Libbin/Góngora: (2-0) Bring the entire matter back to the Committee in November
Item No. 2: Discussion Regarding The Re-Zoning Of The Property At 1729 Lenox Avenue.
ITEM DEFERRED TO NOVEMBER 5, 2012 LUDC MEETING.
Item No. 3: Reduced Parking Rates For Hotel Employees.
DEFERRED TO NOVEMBER 5, 2012 LUDC MEETING.
Item No. 4: Review Of Miami Beach Land Use Boards To Improve The City Of Miami Beach
Building And Planning Department Processes.
DEFERRED TO NOVEMBER 5, 2012 LUDC MEETING.
Item No. 5: Discussion On Policy Consideration Regarding The Granting Of Subterranean
Or Aerial Rights Over Public Property.
MOTION: Libbin/Góngora (2-0): Continue to refine the concept and bring back to the Committee.
Item No. 6: Discussion Of RFP For Tennis Maintenance And Bifurcating Maintenance And
Operations.
DEFERRED TO NOVEMBER 5, 2012 LUDC MEETING
Item No. 7: Discussion On The Euclid Avenue Street End Project.
MOTION: Libbin/Góngora: (2-0) Move to the full Commission with no recommendation, with a
request for the information on all the projects on the capital projects list.
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C6C Report Of The Finance And Citywide Projects Committee Meeting Of October 3, 2012: 1) Public
Presentation Regarding Status Of, And Other Issues Pertaining To, The Lincoln Road Request
For Proposals (The “Lincoln Road RFP” Or The “RFP”), And The Convention Center Request For
Qualifications (The “Convention Center RFQ” Or The “RFQ.”)
ACTION:
Following the City Attorney’s Office’s presentation regarding the potential Sunshine Law issue, an
overview by the Interim City Manager as to the Lincoln Road RFP and the Convention Center
RFQ, discussion by the Committee, and public comment, the Committee recommended curing
any alleged Sunshine Law violation raised in conjunction with the Lincoln Road RFP, by
recommending “Option 2” (as such Option is referenced in the City Attorney’s memorandum to
the Committee, dated October 3, 2012; which Option consists of (i) convening a new evaluation
committee, (ii) having the committee view the proposers’ original videotaped presentations (from
the 5/11/12 evaluation committee meeting), and (iii) having the committee deliberate in the
sunshine. With respect to the Convention Center RFQ, the Committee further recommended
“Option 1”; which Option consists of (i) re-convening the original evaluation committee, (ii) have it
listen to the proposers’ presentations (from from the 06/4/12 and 06/5/12 evaluation committee
meeting), and (iii) deliberate in the sunshine. In both cases, the proposers should be given the
option to be present to answer any questions from the respective committee(s), after listening to
the videotaped presentations.
City Clerk’s Note: See Item R7M
C6D Report Of The Neighborhood/Community Affairs Committee Meeting Of September 24, 2012: 1)
Discussion Regarding The Ordinance That Amended 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. 2) Policies Related To Storms, Hurricanes And Parking. 2A)
Discussion Regarding Whether The City Should Have A General Standing Rule To Waive Certain
Fees, Such As Parking And Other, Related To Reconstruction Of Private Property Damaged Due
To A Severe Storm Event Or Similar Nature Event. 2B) Discussion Regarding Review Of
Hurricane Season And Seasonal Flooding Parking Policies. 3) Discussion Regarding A Proposal
For A Donation Of Art Pieces To Be Displayed On Lincoln Road. 4) Discussion Regarding
Proposed Amendments To The City’s Film And Print Guidelines. 5) Discussion Regarding
Requiring Miami Beach Restaurants To Post Scores Given By The Health Department. 6)
Discussion Regarding An Ordinance Of The Mayor And City Commission Of The City Of Miami
Beach, Florida, 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. 7) Discussion Regarding “Booting”
Services And Raising The Allowable Rate Per Vehicle, Which Is Now $25 Each. 8) Discuss
Bringing A New Festival Of The Arts To North Beach. 9) Discussion Regarding The Upper La
Gorce Stormwater Drainage, Specifically, The Budget And Design Criteria Package. 10)
Discussion Regarding A Resolution Directing That An Application For A Sidewalk Café Permit For
The Drexel Avenue And 16th Street Sidewalks In Front Of The Retail Spaces Of The Park @ 420
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Garage, Located At The Corner Of 16th Street & Drexel Ave. 11) Discussion Regarding The
Various Types Of Water Sports Activities That Exist Today To Amend The 1964 Ordinance. 12)
Discussion Regarding The Water Feature At The Washington Avenue Entry Of South Pointe
Park. 13) Discussion Concerning The Timing Of The Usage Of The City Of Miami Beach’s Leaf
Blowers. 14) Discussion Regarding The Need For Attended Bathrooms In The City Of Miami
Beach. 15) Discussion Regarding A No Wake Zone Ordinance.
ACTION:
Item No. 1: Discussion Regarding The Ordinance That Amended 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.
The Committee (Commissioners Tobin, Libbin and Exposito present) unanimously moved to bring
the concept of a hedge for the off-leash dog area of South Pointe Park back to the commission,
and recommended extending the off-leash pilot program through January 31, 2013.
Commissioner Weithorn, who was also present, expressed her strong agreement with the motion.
Item No. 2: Policies Related To Storms, Hurricanes And Parking
A: Discussion Regarding Whether The City Should Have A General Standing Rule To
Waive Certain Fees, Such As Parking And Other, Related To Reconstruction Of Private
Property Damaged Due To A Severe Storm Event Or Similar Nature Event.
B: Discussion Regarding Review Of Hurricane Season And Seasonal Flooding Parking
Policies.
The Committee (Commissioners Tobin, Libbin, and Exposito present) directed the Administration
to work with Commissioner Weithorn on a plan allowing residents to park their cars in certain
garages, and thus removing them from harm’s way, with a program for residents to pre-register
for the program and provide the details in a Letter to Commission (LTC).
Item No. 3: Discussion Regarding A Proposal For A Donation Of Art Pieces To Be
Displayed On Lincoln Road.
The Committee (Commissioners Tobin, Libbin, and Exposito present) accepted the
recommendation of the AIPP Committee, and Commissioner Tobin requested a report of the
condition of the existing bollards on Lincoln Road.
Item No. 4: Discussion Regarding Proposed Amendments To The City’s Film And Print
Guidelines.
The Committee (Commissioners Tobin, Libbin, and Exposito present) moved to refer this
discussion to the full City Commission with no recommendation.
Item No. 5: Discussion Regarding Requiring Miami Beach Restaurants To Post Scores
Given By The Health Department.
The Committee (Commissioners Tobin, Libbin, and Exposito present) moved to recommend
adding recognition of Miami Beach restaurants that meet inspection standards to the MB
magazine.
Item No. 6: Discussion Regarding An Ordinance Of The Mayor And City Commission Of
The City Of Miami Beach, Florida, 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;
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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.
Discussion of this item was deferred.
Item No. 7: Discussion Regarding “Booting” Services And Raising The Allowable Rate Per
Vehicle, Which Is Now $25 Each.
The Committee (Commissioners Tobin, Libbin and Exposito present) moved to recommend
allowing booting for private lots to regulate the number of companies allowed to boot, and have
some sort of impact fee when police officers are called to respond. Additionally, legal staff is to
provide information regarding the legality of an option for some fee to be paid to the City.
(Vote: 2-1; Vice-Mayor Exposito opposed)
Item No. 8: Discuss Bringing A New Festival Of The Arts To North Beach.
The Committee requested Administration return to the Neighborhood/Community Affairs
Committee in one month, with some ideas for more events and how to integrate art into the food
truck events.
Item No. 9: Discussion Regarding The Upper La Gorce Stormwater Drainage, Specifically,
The Budget And Design Criteria Package.
The Committee made no motion.
Item No. 10: Discussion Regarding A Resolution Directing That An Application For A
Sidewalk Café Permit For The Drexel Avenue And 16th Street Sidewalks In Front Of The
Retail Spaces Of The Park @ 420 Garage, Located At The Corner Of 16th Street & Drexel
Ave.
The Committee (Commissioners Tobin, Libbin and Exposito present) referred this discussion to
the full commission with no recommendation.
Item No. 11: Discussion Regarding The Various Types Of Water Sports Activities That
Exist Today To Amend The 1964 Ordinance.
Discussion of this item was deferred.
Item No. 12: Discussion Regarding The Water Feature At The Washington Avenue Entry Of
South Pointe Park.
Discussion of this item was deferred.
Item No. 13: Discussion Concerning The Timing Of The Usage Of The City Of Miami
Beach’s Leaf Blowers.
Discussion of this item was deferred.
Item No. 14: Discussion Regarding The Need For Attended Bathrooms In The City Of
Miami Beach.
The Committee directed the Administration to return to the November meeting of the
Neighborhood/Community Affairs Committee with a report on the progress of the new janitorial
contract for the restrooms, provide cost estimate for having an actual attendant in the restrooms,
and detail any additional resources needed.
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Item No. 15: Discussion Regarding A No Wake Zone Ordinance.
The Committee (Commissioners Tobin, Libbin and Exposito present) unanimously moved to
authorize the City Attorney’s Office to look into the possible establishment of a no wake zone
behind Sunset Harbor and bring it to the Marine Authority. (Vote: 3-0)
C7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or Her Designee To Submit
Applications To 1) US Department Of Homeland Security, Federal Emergency Management
Agency (FEMA), Through The State Of Florida Division Of Emergency Management For FY 2013
Urban Area Security Funding (UASI) In The Approximate Amount Of $100,000 For The City’s
Emergency Needs; 2) The Villagers Incorporated, For Funding In The Approximate Amount Of
$20,000 For Phase 1 Funding (Professional Services) For The Restoration Of The Polo Player
Statue Located In Polo Park; 3) Transportation Enhancement Funds (TEP) In The Approximate
Amount Of $1,000,000 For Construction Of The Middle Beach Recreation Corridor (MBRC)
Phase 2; And 4) The US Department Of Homeland Security, Federal Emergency Management
Administration (FEMA) For The FEMA 2012 Community Resilience Innovation Challenge
Program For Funding In The Approximate Amount Of $35,000 For The City’s Community Rapid
Response Program; Appropriating The Above Grants, Program Funds And Matching Funds, As
Necessary If Approved And Accepted By The City, And Authorizing The Execution Of All
Documents Related To These Applications.
(Budget & Performance Improvement)
ACTION: Resolution 2012-28029 adopted. Patricia Walker to appropriate the funds if
approved and accepted. Judy Hoanshelt to handle.
C7B A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Firms Pursuant To Request For Proposals (RFP) No. 50-11/12 For Cost Allocation Studies For
The City Of Miami Beach; Authorizing The Administration To Enter Into Negotiations With The
Top-Ranked Firm, Maximus Consulting Services, Inc., 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, MGT Of America, Inc; And Further Authorizing The
Mayor And City Clerk To Execute An Agreement Upon Completion Of Successful Negotiations By
The Administration.
(Budget & Performance Improvement/Procurement)
ACTION: Resolution 2012-28030 adopted. Georgette Daniels and Raul Aguila to handle.
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C7C A Resolution Approving The Settlement In The Amount Of $11,672.30 $19,672.30 For City Liens
On Property Owned By Showtime Theatres, Inc, Located At 429 Lenox Avenue, Miami Beach,
Florida, In The Original Amount Of $111,672.30, And Further Authorizing The City Manager To
Take Such Action And Execute Any And All Necessary Documents To Complete Such Settlement
And Lien Release.
(City Attorney’s Office/Finance Department)
ACTION: Item separated for discussion by Commissioner Tobin. Resolution 2012-28031
adopted as amended. Motion made by Commissioner Tobin; seconded by Vice-Mayor
Exposito; Voice vote; 7-0. City Attorney’s Office and Patricia Walker to handle.
Amendment:
Settlement is $19,672.30
End
Commissioner Tobin stated that he spoke to the Legal Department, and after discussion he will
vote to approve this item, if the settlement amount is increased to $19,672.30. The parties have
agreed to this amount, and all that is needed is the vote.
Discussion held.
Steve Rothstein, First Assistant City Attorney, explained the item.
Discussion continued.
1:14:18 p.m.
Commissioner Góngora explained the requirements and the process for mitigation of fines.
C7D A Resolution Electing Commissioner Michael Góngora, Group III, As Vice-Mayor For A Term
Commencing On November 1, 2012, And Terminating On February 28, 2013, Or On Such Date
When A New Vice-Mayor Is Thereafter Elected.
(City Clerk’s Office)
ACTION: Resolution 2012-28032 adopted. Rafael E. Granado to handle.
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C7E Setting Public Hearing: Parking District No. 5 - Sunset Harbour Neighborhood
A Resolution Setting A Public Hearing To Consider An Ordinance Amending The City Code
Chapter 130, “Off-Street Parking,” Article II “District; Requirements,” Section 130-31 “Parking
Districts Established,” By Creating A New Parking District No. 5; Amending Section 130-33, “Off-
Street Parking Requirements For Parking Districts Nos. 2, 3 And 4,” By Adding New Parking
Regulations For Parking District No. 5 For Properties Generally Bounded By Purdy Avenue On
The West, 20th Street On The North, Alton Road On The East And Dade Boulevard On The
South; Amending Section 142-483, “Conditional Uses” By Adding To The List Of Conditional
Uses In The I-1 Urban Light Industrial District; Amending Chapter 142, Article II, “District
Regulations,” Division 5, “CD-2 Commercial Medium Intensity District,” By Amending Sections
142-302, “Main Permitted Uses,” Section 142-303, “Conditional Uses,” And Section 142-305,
“Prohibited Uses,” By Clarifying The Permitted, Prohibited And Conditional Uses In Parking
District #5.
(Planning Department)
ACTION: Resolution No. 2012-28033 adopted. Rafael E. Granado to notice. Lilia Cardillo to
place on the November 14, 2012 Commission Agenda. Richard Lorber to handle.
Handout and Reference Materials:
1. Lobbyist List
C7F A Resolution Authorizing The City Manager Or His Designee And City Clerk To Execute A
Memorandum Of Understanding Between The City Of Miami Beach, On Behalf Of The Miami
Beach Police Department, And The Internal Revenue Service, Criminal Investigation Miami Field
Office To Participate In The Financial Investigative Strike Team, Financial Crimes Task Force,
For The Purpose Of Developing And Assisting With Criminal Investigations Of Illegal Activities
Throughout Miami-Dade, Florida.
(Police Department)
ACTION: Resolution 2012-28034 adopted. Chief Martinez to handle.
SUPPLEMENTAL MATERIAL: Resolution
C7G A Resolution Approving And Authorizing The Mayor And The City Clerk To Grant A Utility
Easement To Florida Power And Light At Flamingo Park For The Installation And Maintenance Of
A Duct Bank That Will Serve The Boys And Girls Club.
(Public Works)
ACTION: Resolution 2012-28035 adopted. Fred Beckmann to handle.
C7H A Resolution Approving, In Substantial Form (As Attached Hereto), A Concession Agreement
With Miami Beach Film Society, Inc. D/B/A Miami Beach Cinematheque (“Cinematheque”) To
Operate An Outdoor Café In The Outdoor Courtyard Area Adjacent To The Premises That
Cinematheque Leases From The City Pursuant To That Certain Lease Agreement Between
Cinematheque And The City, Dated December 9, 2009 (“Lease”), For A Term To Run Concurrent
With The Lease, Commencing On December 1, 2012; And Further Authorizing The Mayor And
City Clerk To Execute The Agreement Subject To Final Review By The City Manager And Form
Approval By The City Attorney.
(Real Estate, Housing & Community Development)
ACTION: Resolution 2012-28036 adopted. Anna Parekh to handle.
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C7I A Resolution Rejecting The Sole Proposal Submitted In Response To Request For Proposals No.
37-11/12, For The Management And Operation Of Food And Beverage Concessions In Flamingo
Park Pool And Normandy Isle Park Pool (The RFP).
(Real Estate, Housing & Community Development)
ACTION: Item separated for discussion by Commissioner Libbin. Resolution 2012-28037
adopted. Motion made by Commissioner Libbin; seconded by Vice-Mayor Exposito; Voice vote;
4-0; Absent: Commissioners Góngora, Tobin and Weithorn. Anna Parekh and Raul Aguila to
handle.
Commissioner Libbin separated this item because it is the fifth month in a row that he brings the
same issue to their attention and he criticizes the way that RFP’s go out. There was a sole
responder in this case, but the RFP lacked information and so they withdrew their interest. The
RFP is misleading and not written clearly.
Discussion held.
Max Sklar spoke.
11:40:50 a.m.
SUPPLEMENTAL MATERIAL: Resolution
C7J A Resolution Authorizing The Acceptance Of An Eighteen Thousand One Hundred Eighty-Eight
Dollars ($18,188) Cash Donation From The Marilyn And Edward Gadinsky Charitable
Foundation, In Support Of The Soundscape Cinema Series For Fiscal Year 2012/13; And
Authorizing The City Manager Or Her Designee To Make Such Expenditures And/Or
Reimbursements From The Aforestated Donation, In Furtherance Of And Consistent With The
Aforestated Event.
(Tourism & Cultural Development)
ACTION: Resolution 2012-28038 adopted. Patricia Walker to appropriate the funds. Max
Sklar and Maria Estevez to handle. (Item approved via the Consent Agenda)
Mayor Bower stated that this is a donation of the Gadinsky family in the amount of $18,000 and
she thanked them for the donation.
Marilyn Gadinskiy, representing The Marilyn and Edward Gadinsky Charitable Foundation, spoke.
SUPPLEMENTAL MATERIAL: Resolution & Draft Lease Agreement
C7K A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Lease
Agreement With Design Miami To Hold The Design Miami Show In The Preferred Parking Lot,
For Specific Dates In 2013, 2014, 2015, And 2016; As More Specifically Set Forth In The Lease
Agreement Attached As Exhibit "A" To This Resolution.
(Tourism & Cultural Development)
(Resolution & Draft Lease Agreement)
ACTION: Resolution 2012-28039 adopted. Max Sklar to handle.
Afteraction October 24, 2012 City of Miami Beach
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9:25:35 p.m.
SUPPLEMENTAL MATERIAL: Memorandum & Resolution
C7L A Resolution Authorizing The Mayor And The City Clerk To Execute Amendment No. 1 To The
Fiscal Year 2009/10 State Housing Initiatives Partnership (SHIP) Program Agreement Between
The City Of Miami Beach And Miami Beach Community Development Corporation (MBCDC), In A
Form Acceptable To The City Manager And The City Attorney, Which Extends The Term Of The
Agreement Through December 31, 2012, And Provides $45,938.97 In SHIP Program Income To
One Income-Eligible Homebuyer And Rehabilitation Household In North Beach.
(Real Estate, Housing & Community Development)
(Memorandum & Resolution to be Submitted in Supplemental)
ACTION: Item separated for discussion by Commissioner Tobin. Resolution 2012-28040
adopted. Motion made by Commissioner Wolfson seconded by Vice-Mayor Exposito: Voice
vote; 4-0: Absent: Commissioners Góngora, Tobin and Weithorn. Anna Parekh to handle.
End of Consent Agenda
REGULAR AGENDA
R5 - Ordinances
12:02:05 p.m.
R5A An Ordinance Amending Chapter 70 Of The Miami Beach City Code Entitled “Miscellaneous
Offenses,” By Amending Article II, Entitled “Public Places”; By Amending Division II, Entitled
“Bicycling, Skateboarding, Roller Skating, In-Line Skating, And Motorized Means Of
Transportation,” By Amending Section 70-66, Entitled “Definitions,” By Adding A Definition For
Bicycle Path; And By Amending Section 70-67, Entitled “Prohibited Activities,” By Amending The
Prohibitions Regarding Motorized Means Of Transportation, Including Electric Personal Assistive
Mobility Devices (Also Known As Segways), By Rewording The Provisions Therein And
Conforming The Language To State Law; By Restricting The Speed Of Electric Personal
Assistive Mobility Devices To Eight (8) MPH On All City Sidewalks, Sidewalk Areas, And Bicycle
Paths; And By Prohibiting The Operation Of Electric Personal Assistive Mobility Devices On
Interior Pathways Within South Pointe Park And Collins Park; By Amending Section 70-68,
Entitled “Exemptions,” By Exempting The Use Of Electric Personal Assistive Mobility Devices By
City Police And City Contracted Services From The Restrictions Of Division II; By Amending
Section 70-69, Entitled “Responsibilities Of Bicyclists And Skaters,” By Adding Responsibilities
For Persons Operating Electric Personal Assistive Mobility Devices; By Amending Section 70-70,
Entitled “Penalties,” To Provide For Responsibilities Of Businesses Providing Rentals And Tours
Of Electric Personal Assistive Mobility Devices; By Creating Section 70-71, To Be Entitled
“Penalties” To Provide Civil Penalties In Addition To Existing Non-Criminal Infraction Penalties
For The Violation Of Certain Provisions In Chapter 70, Article II, Division II; Providing For
Repealer; Severability; Codification; And An Effective Date. 10:35 a.m. Second Reading Public
Hearing
(Requested by Commissioner Deede Weithorn)
(Legislative Tracking: Public Works)
(Continued from September 12, 2012/Referred to NCAC)
ACTION: Item heard in conjunction with item R7F. Public Hearing held. Ordinance No.
2012-3780 adopted. Motion made by Commissioner Weithorn to approve the ordinance;
seconded by Commissioner Wolfson; Ballot vote: 6-1; Opposed: Commissioner Libbin. Rafael E.
Granado to transmit to Municipal Code. Fred Beckmann to handle.
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AMENDMENTS FOR RESOLUTION ITEM R7F:
o Substitute language for Section I (d) for the business that rent…accidents regarding
electric personal assistive mobility devices shall be reported to the Miami Beach Police
Department and Miami Beach Fire Rescue
o Amendment suggested by Mr. Morris Sunshine, to add the word promptly reported.
o Section II (a) and (c):
(a)- If an operator has an accident with a pedestrian or other person, the operator must
immediately report the accident to the Miami Beach Police Department and Miami Beach
Fire Rescue. In addition, the operator must i) remain on the scene until a police officer
arrives, ii) identify himself/herself to the victim and to the police officer, and iii) provide to
the victim and the police officer the name of the person or business that leased or rented
the device.
(c) Electric personal assistive mobility devices shall not be operated after sunset or before
sunrise or during inclement weather.
o Liability Amendment Section I(a) for $1 million insurance to be required for any and all
renters
o Disability Amendment to include language that persons riding these devices, that they are
not being prohibited on the grounds of City Hall, Municipal Parking Garages, the Police
Station, and the Fire Stations because those areas are excluded from any Segways.
o Suggested Additions to the Administrative Rules:
That the rules and regulations apply to privately owned Segways
Possibly using the bicycle paths for the Segways
Company’s logo or distinctive color shall be prominently displayed on Segways rentals
Acknowledgment of the Administrative Rules in writing from renters
End
Jeff Bechdel, pertaining to Section 70-69 (a)(1), requested a list of what is considered historically
designated properties, in order to work with the City. Pertaining to Section 70-70(e), they are
working with the City Attorney's Office and will present a draft of the map showing the areas that
are off limits (Lincoln Road and Ocean Drive); and lastly Section 70-70(1)(b)(1), they want to work
with the City to see if there is a way to require a deposit to be able to return any fines out of the
deposit back to the City.
Commissioner Weithorn thanked Mr. Bechdel and Mr. Berry for working for the greater good of
the community, and also thanked the industry for working with the City on this.
Benjamin Berry spoke.
Mayor Bower stated that there should be language in the ordinance preventing aggressive
panhandling and soliciting customers to rent Segways as this is unacceptable.
Jose Smith, City Attorney, stated that there is a peddling ordinance in place that prohibits this.
Discussion held.
Paul Jonas spoke.
Jose Smith, City Attorney, stated that State Statute specifically exempts Segways from the
operation of the motor vehicle laws, so leaving the scene of the accident, and the other items
mentioned by Mr. Jonas do not apply, and that is why this language is in the ordinance, so if
somebody leaves the scene of an accident, they are violating the law.
Discussion continued.
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David Kelsey spoke.
Jo Manning spoke.
Morris Sunshine spoke in support of this legislation. He recognized Deborah Turner for her hard
work on the revisions of this ordinance and offered minor changes: 1) in the case of a collision
between the operator and a pedestrian, the operator must stop immediately and render aid to the
injured person; 2) he must fully identify himself/herself to the victim, and the vehicle number
he/she is driving, and submit evidence of where he/she rented the vehicle from; and 3) the
operator must remain on the scene until the police arrive. Dr. Sunshine is in support of the
approval of this ordinance today, and recommends looking at speed and other issues later. He
proposed the following language changes:
• Every Segway rental agency is to be identified by a distinctive color.
• In a passing situation, the Segway operator shall stop or steer safely to the curb, rather than
“yield.”
• One single document that lists all the laws and regulations pertaining to operating a Segway
should be created, and be provided to, and signed by, the renters indicating that they
understand the laws listed.
Commissioner Wolfson referred to page five, subsection (b) of the ordinance where there is a
minimum of $1 million in insurance liability. This only insures the City of Miami Beach. This
liability insurance should also cover the renter of the Segway.
Jose Smith, City Attorney, stated that this is a good suggestion and added that the City is
ensured, but at Neighborhood/Community Affairs Committee there was a recommendation that
the City require med pay, which is being done by a way of resolution, offering medical payment of
$25,000.
Discussion continued regarding speed.
Deborah Turner, First Assistant City Attorney, in answering Mr. Smith’s questions, stated that
under the revised resolution in the Administrative Rules, which will be distributed, Legal does not
recommend rendering aid to be a requirement, as that is the responsibility of Fire Rescue.
Additional language has been included as responsibility for operators of mobility devices, stating
that they must remain on the scene until a police officer arrives, identify himself or herself to the
victim and police officer and provide the victim and police officer the name of the business where
they rented the device from.
Discussion continued regarding Segway recognition devices.
Motion 1:
Motion made by Commissioner Weithorn to move the ordinance, so amendments can be made;
seconded by Commissioner Libbin.
Discussion continued.
Mayor Bower asked how this ordinance can apply to private Segway owners, and if the Segways
could use the bicycle paths. She suggested sending this to committee for further amendment.
Fred Beckmann, Public Works Director, explained that there is no prohibition for Segways to use
the bicycle paths.
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Discussion continued.
Adam Shedroff spoke and discussion continued.
Commissioner Weithorn requested adding to the Administrative Rules either the company’s logo
or a distinctive color be prominently display in Segway that are rented. Fred Beckmann to
handle.
Commissioner Wolfson proposed amending section 70-70(1)(a) to include that the companies
provide a minimum of $1 million liability insurance to cover the City of Miami Beach and any and
all rentals of the Segway.
Commissioner Weithorn accepted the amendment.
Commissioner Libbin stated that they do not know the financial consequences of the liability
amendment and withdrew his second on the motion.
Discussion continued regarding liability.
Commissioner Góngora offered a friendly amendment, that language be added that the
acknowledgment of the Administrative Rules be in writing from the renters.
Final Motion
Commissioner Weithorn’s motion was seconded by Mayor Bower, as amended. Voice-vote: 6-1;
Opposed: Commissioner Libbin.
Deborah Turner, First Assistant City Attorney, explained an additional amendment, which clarified
that disable persons riding these devices are not prohibited on the grounds of City Hall, Municipal
Parking Garages, the Police Station, and the Fire Stations, because those areas are excluded
from any Segways.
Commissioner Weithorn accepted the disability amendment and Commissioner Wolfson
seconded the motion as amended. Voice-vote: 6-1; Opposed: Commissioner Libbin.
Commissioner Libbin stated that he is voting against everything, as it is unwise to pass items
when they do not know the financial impact.
Jose Smith, City Attorney, explained that no material changes have been made to the ordinance;
the resolution has all the material changes that will be discussed at the Neighborhood/Community
Affairs Committee. He further explained that there is a $1 million liability requirement in the
ordinance; the amendments made could be placed into both, the ordinance and the resolution;
however, to avoid any potential challenge, he is suggesting that a motion be made to withdraw
the amendment to the ordinance, and include the amendment into the resolution, which is binding
to the companies.
Discussion held.
Motion To Rescind Insurance Requirement Amendments From The Ordinance
Motion made by Commissioner Góngora to rescind the insurance requirement amendment from
the ordinance and insert it into the resolution (Item R7F); seconded by Commissioner Weithorn;
Voice vote 6-1; Opposed, Commissioner Libbin.
Afteraction October 24, 2012 City of Miami Beach
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Motion To Adopt The Resolution For Item R7F
Motion made by Commissioner Góngora; seconded by Commissioner Weithorn; Voice vote: 6-1;
Opposed: Commissioner Libbin.
Commissioner Weithorn, for the record, asked Ms. Turner to read the amendments made.
Deborah Turner, First Assistant City Attorney, read the amendments into the record:
o Substitute language for Section I (d) for the business that rent…accidents regarding
electric personal assistive mobility devices shall be reported to the Miami Beach Police
Department and Miami Beach Fire Rescue
o Amendment suggested by Mr. Morris Sunshine, to add the word promptly reported.
o Section II (a) and (c)
(a)- If an operator has an accident with a pedestrian or other person, the operator must
immediately report the accident to the Miami Beach Police Department and Miami Beach
Fire Rescue. In addition, the operator must i) remain on the scene until a police officer
arrives, ii) identify himself/herself to the victim and to the police officer, and iii) provide to
the victim and the police officer the name of the person or business that leased or rented
the device.
(c) Electric personal assistive mobility devices shall not be operated after sunset or before
sunrise or during inclement weather.
o Liability Amendment Section I(a) for $1 million insurance to be required for any and all
renters
Commissioner Wolfson asked the City to ensure that these rules and regulations would be
enforced.
Jose Smith, City Attorney, explained that the ordinance specifically provides for the enactment of
regulations, which are enforceable under the ordinance. A violation of the resolution is in effect a
violation of the ordinance.
Discussion was held regarding minors riding the vehicles only when supervised by adults.
Mayor Bower offered an amendment, that an adult must supervise a minor, below 18 years of
age, while riding a Segway.
Discussion continued.
Kathie G. Brooks, Interim City Manager, stated that the Administrative Rules state that electronic
personal assisted mobility devices shall not be rented, or leased to, or use by tourists or any
person under 16 years of age or under 100 lbs.
The resolution (Item R7F) was referred to the Neighborhood/Community Affairs Committee.
Handout or Reference Materials:
1. Sec. 70-69. – Responsibilities of bicyclists and skaters
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R5B An Ordinance Amending Chapter 82, Of The Code Of The City Of Miami Beach, Entitled “Public
Property,” By Amending Article VI, Entitled “Naming Of Public Facilities And Establishment Of
Monuments Or Memorials,” By Amending Section 82-504, Entitled “Monuments Or Memorials,”
By Adding Criteria To Provide That: A) Only The Mayor Or 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 September 12, 2012/Referred to NCAC)
ACTION: Title of the ordinance read into the record. Public Hearing held. Ordinance No.
2012-3781 adopted as amended. Refer appropriate guidelines issues back to the
Neighborhood/Community Affairs Committee. Motion made by Commissioner Góngora to
approve the ordinance; seconded by Vice-Mayor Exposito; Ballot vote: 7-0. Barbara Hawayek to
place on the committee agenda. Rafael E. Granado to transmit to Municipal Code. Kevin Smith
to handle.
Amendment:
Delete Section 82-504(a)(2)(a) regarding limitation of amount of recommendations made per
elected term of office
End
Raul Aguila, Chief Deputy City Attorney, distributed the ordinance and explained that since the
first reading of the amendment to the naming ordinance, the item had been discussed at
Neighborhood/Community Affairs Committee (NCAC) for clarification. The amendments as
recommended by NCAC at its July 30, 2012 meeting are: 1) provide that only the Mayor and/or
City Commission bring forth a recommendation for a monument or memorial to the City
Commission for approval; 2) limit the amount of monuments or memorials that the City
Commission can bring to one (1) per elected term of office, and 3) unless the City Commission
provides otherwise, the final approval of a monument or memorial by the City Commission will
presume that the City will assume the maintenance for that monument or memorial.
Commissioner Tobin made a motion to exclude the limitation of memorial recommendations per
term.
Discussion held.
Commissioner Góngora clarified that he voted against the item at NCAC due to the issue of
limitation; otherwise, it is a good ordinance. He added that there is not an abuse in the system,
and if it exists, it can be handled at Commission level.
Mayor Bower suggested guidelines be implemented to regulate the issue of limitation.
Motion made by Commissioner Góngora to delete the section of the ordinance that limits the
recommendation for memorials by the City Commission, and as amended, refer appropriate
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guidelines back to the Neighborhood/Community Affairs Committee.
Raul Aguila, Chief Deputy City Attorney, stated for the record, that this motion deletes Section 82-
504(a)(2)(a).
Handouts or Reference Materials:
1. Revised Ordinance
2:15:39 p.m.
R5C An Ordinance Amending The Miami Beach City Code By Amending Chapter 90, Entitled “Solid
Waste,” By Amending Article IV, Entitled “Private Waste Contractors,” By Amending Division 3,
Entitled “Franchise,” By Amending Section 90-230 Entitled “Term Of Franchise Agreements;
Initial Term; Renewal Term,” To Provide That Prior To The Expiration Of The Initial Term Of A
Franchise Agreement, The City Commission May Agree To Renew Term Of An Existing
Franchise Agreement, For Up To An Additional Three Year (3) Renewal Term; And Providing For
Repealer, Severability, Codification, And An Effective Date. 11:15 a.m. Second Reading Public
Hearing
(Requested by City Commission)
(Legislative Tracking: Public Works)
(First Reading on September 12, 2012)
ACTION: Public Hearing held. Ordinance No. 2012-3782 adopted. Motion made by
Commissioner Weithorn to approve the ordinance; seconded by Commissioner Góngora; Ballot
vote: 7-0. Rafael E. Granado to transmit to Municipal Code. Fred Beckmann to handle.
2:17:02 p.m.
Commissioner Libbin stated that he is in support of the item, but wants to point out that it includes
$25,000 for ECOMB. Commissioner Libbin inquired if this money for ECOMB is to help the City
in its recycling effort.
Kathie G. Brooks, Interim City Manager, explained the item. She stated that the committee had
directed that the $25,000 be used for environmental initiatives, but it did not specifically state
recycling.
Commissioner Tobin added that at committee it was not specified that they would support
ECOMB and give the $25,000 directly every year. It is for the Administration or the Commission
to decide where the money goes every year.
Ms. Brooks explained that the committee After Action reflected the $25,000 dedicated for
environmental programs, and then it lists in parentheses ECOMB.
Commissioner Tobin requested that the Administration re-listen to the tape of the committee.
Commissioner Góngora stated that he voted against this item, but nevertheless, it passed without
his vote.
Discussion continued.
Commissioner Weithorn stated that her recollection is that ECOMB was to be an example and not
an absolute. They were mentioned as an example, but not the only possible receiver of the
$25,000. ECOMB is a suitable example, but not the only player.
Mayor Bower inquired if the money is still directed to the IB Program.
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Fred Beckmann, Public Works Director, explained that the IB Program would continue to receive
the contribution to be applied toward the schools. The same amount will go the IB Program.
Mayor Bower suggested a one year payment of $25,000 to ECOMB.
Ms. Brooks suggested doing a competitive process for the $25,000, to be used for environmental
programs, as is done with other grants. Fred Beckmann to handle.
Commissioner Góngora suggested reconsidering getting three haulers; and restated that ECOMB
should receive the $25,000. They have been promised this money at three different meetings.
ECOMB has already budgeted the $25,000 for this year. This is incredibly unfair and wrong, but
this year they should receive this money. If this Commission wants to change how the money is
spent in future years, that is acceptable, but this year the money has been promised to ECOMB.
Commissioner Tobin stated that if ECOMB had been so promised, then he stands corrected. He
does not have a problem with giving the $25,000 to ECOMB this year, his objection is to give
them the money in perpetuity.
Discussion continued.
Kathie G. Brooks, Interim City Manager, recommended doing a grant agreement, which states
the deliverables. Fred Beckmann to handle.
Commissioner Tobin requested Administration to check the committee record. Fred Beckmann
to handle.
Handouts and Reference Materials:
1. Ad in The Miami Herald – Ad #747
2:30:06 p.m.
SUPPLEMENTAL MATERIAL: Ordinance
R5D 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 July 18, 2012/Referred to NCAC)
ACTION: Title of the Ordinance heard into the record. Item heard in conjunction with Item
R7G. Public Hearing held. Ordinance No. 2012-3783 adopted. Motion made by
Commissioner Wolfson to approve the ordinance; seconded by Vice-Mayor Exposito; Ballot vote:
6-0; Absent: Commissioner Góngora. Rafael E. Granado to transmit to Municipal Code. Max
Sklar to handle.
Max Sklar, Acting Assistant City Manager, summarized the item.
See action with Item R7G.
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R5E 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. 11:40 a.m. Second Reading Public
Hearing
(Requested by Commissioner Jonah Wolfson)
(Legislative Tracking: City Attorney’s Office)
(Continued from September 12, 2012/Referred to FCWPC)
ACTION: Item opened and continued to December 12, 2012 Commission Meeting. Moved
by Commissioner Weithorn; seconded by Commissioner Libbin; Voice vote; 6-0; Absent:
Commissioner Wolfson. Lilia Cardillo to place on the Commission Agenda. City Attorney’s
Office to handle.
City Clerk’s Note: Correction On Page 275)
Handouts and Reference Materials:
1. Ad in The Miami Herald – Ad #724
7:30:20 p.m.
R5F Miami Heart Institute FLUM Change
1. An Ordinance Amending The Future Land Use Map Of The Comprehensive Plan By
Changing The Future Land Use Category For The Parcel Known As The “Miami Heart
Institute,” More Particularly Described In The Legal Description Attached As Exhibit “A”
Hereto, From The Current PF-HD, “Public Facility, Hospital,” To The Future Land Use
Category Of RM-1, “Residential Multifamily Low Intensity;” Providing For Inclusion In The
Comprehensive Plan, Transmittal, Repealer, Severability And An Effective Date.
5:01 p.m. First & Only Reading Public Hearing
ACTION: Item Opened and Continued to December 12, 2012 Commission Meeting.
Motion made by Commissioner Weithorn to open and continue the item; seconded by
Vice-Mayor Exposito; Ballot vote: 6-0; Absent: Commissioner Wolfson. Lilia Cardillo to
place on the Commission Agenda. Richard Lorber to handle.
Handouts and Reference Materials:
1. Ad in The Miami Herald – Ad #749
2. Summary of the proposed covenant for the Miami Heart Property, prepared by the attorney for the
applicant, Lucia Dougherty and Edward Martos, dated October 23, 2012.
3. Lobbyist List
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Zoning Map Change
2. An Ordinance Amending The Official Zoning District Map, Referenced In Section 142-72
Of The Code Of The City Of Miami Beach, Florida, By Changing The Zoning District
Classification For The Parcel Known As The “Miami Heart Institute,” More Particularly
Described In The Legal Description Attached As Exhibit “A” Hereto, From The Current
Zoning Classification HD, “Hospital District,” To The Proposed Zoning Classification RM-1,
“Residential Multi-Family Low Intensity,” Providing For Codification, Repealer, Severability
And An Effective Date. 5:01 p.m. First Reading Public Hearing
(Requested by Applicant - 4701 North Meridian, LLC)
(Legislative Tracking: Planning Department)
ACTION: Public Hearing held. Ordinance adopted on first reading. Motion made by
Commissioner Góngora to approve the ordinance; seconded by Commissioner Libbin;
Ballot vote: 6-0; Absent: Commissioner Wolfson. Second reading and second public
hearing scheduled for December 12, 2012. Lilia Cardillo to place on the Commission
Agenda. Item to go to the Design Review Board; Thomas Mooney to place on the
Board Agenda and Richard Lorber to handle.
Richard Lorber, Acting Planning Department Director, introduced the item. The Miami
Heart Institute is the site of a former hospital that has been out of operations for a few
years. This ordinance will rezone the parcel that the hospital sits on, from hospital district
to residential multi-family low intensity. This is the same zoning as the adjacent parcel,
the parking lot. Several years ago there was an ordinance adopted that stated that the
parcel could not be zoned to a greater intensity that the adjacent parcel (the parking lot).
There are no residents in opposition here today, as all matters have been worked out.
The architecture is a nice plan that retains hospital building and converts it to apartments.
On the parking lot side, there are nine single-family townhouse structures, compatible to
the surrounding neighborhood. From a planning standpoint, rezoning from hospital to
apartments will generate a large reduction in traffic and activity, in this otherwise single-
family surrounding neighborhood. The Administration recommends that this item be
approved, and go for second reading in December 12, 2012.
Mayor Bower has heard good things about the project, and asked if the item had been
properly advertised to the neighbors. Mr. Lorber responded that it had been advertised in
the newspaper and mail notices had been sent to residents within 375 feet of the site.
Commissioner Libbin stated that he called the residents, and there were about 50
requests made of the developer from the neighbors, and that the developer had agreed to
all. The developer was very sensitive to the needs of the residents and the project
appears well vetted.
Mr. Lorber explained that the reason for the delay on second reading to December 12,
2012, is that between now and December, this item will go to the Design Review Board.
Commissioner Exposito inquired as to the height of the townhouses, which he was
informed were three villas at 33 feet, and the remainder, which will probably be eight
villas, at 36 feet.
Commissioner Tobin also agrees that this is a good project. It does not increase the
height of the existing hospital structure, and the 33 feet on the townhouses is right. The
vast majority of the residents are agreeable. It is less intense than a hospital, so he is
voting for it.
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Mayor Bower thanked former Commissioner Elaine Weisburd whose vision should be
credited for this project.
City Clerk’s Note: Correction on Page 283. Date changed from November 14, 2012 to
December 12, 2012.
Handouts and Reference Materials:
1. Ad in The Miami Herald – Ad #749
2. Summary of the proposed covenant for the Miami Heart Property, prepared by the
attorney for the applicant.
1:24:23 pm
R5G Ground Floor Additions In The Architectural District
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 142, “Zoning Districts And Regulations,” Article II, "District
Regulations," By Amending Division 3, “Residential Multifamily Districts,” By Amending
Subdivision V, “RM-3 Residential Multifamily High Intensity,” To Create Additional Regulations
Regarding Ground Floor Additions For Properties Located In The Architectural District; Providing
For Repealer, Codification, Severability And An Effective Date. First Reading
(Requested by Land Use & Development Committee)
(Legislative Tracking: Planning Department)
ACTION: Ordinance approved on first reading. Motion made by Commissioner Góngora to
approve the ordinance; seconded by Commissioner Wolfson; Ballot vote: 5-2; Opposed: Mayor
Bower, and Vice-Mayor Exposito. Second Reading and Public Hearing scheduled for November
14, 2012. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda.
Richard Lorber to handle.
Jorge Gomez, Assistant City Manager, explained that this ordinance amends the development
regulations for the RM-3 District in the architectural district; which is the oceanfront hotels,
roughly from the Lowes Hotel to the W. Currently the ordinance allows for a five-story ground
floor addition, typically in the rear of the hotels, as there is no room in the front. The ordinance
also allows, regardless of the height of the building, to expand the existing floors for the purpose
of expanding the hotel units. What this ordinance will do is, while still limiting the additions so that
it does not increase the number of units, that extension would be more than just for the single
unit, so you could create new units in those existing higher floors, but you would have to remove
units somewhere else in the building. It would also limit the availability to add that five-story
addition. There would be no more than a two-story addition; then there is a series of restrictions
of what could be done in the new floor area, and some of the negative impacts uses that are
associated with hotel would not be allowed, like outdoor entertaining or open-air entertainment.
Richard Lorber, Acting Planning Department Director, explained that this item was reviewed by
the Historic Preservation Board and they approved the recommendation.
Michael Larkin Esq., representing South Beach Hotel, proponent of the ordinance, spoke and
made a presentation.
Discussion held.
Mayor Bower asked what the difference is between the existing ordinance and the proposed
ordinance.
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Jorge Gomez, Assistant City Manager, read the proposed ordinance into the record: “The
proposed addition shall consist of the expansion of existing hotel units only, and shall not result in
an increased number of units.” In answering Mayor Bower’s question, he clarified that the
ordinance states that the addition is only for the expansion of the units.
Discussion continued.
Michael Larkin, Esq., spoke.
Mayor Bower asked the proponent of the ordinance to give up the ability to do any rear additions
for the consideration of this ordinance.
Vice-Mayor Exposito stated that they should be mandated by floor area ratio, FAR, and
expressed his concern that the original legislation provided for changes for the expansion of
rooms, but now the proposed ordinance is changing the expansion of hotel rooms and adding
uses, such as the cabanas.
Jorge Gomez, Assistant City Manager, explained that a building can never exceed the floor area
ratio, but if the FAR available, then they could still do the rear addition. He added that
Administration was trying to put in the prohibitions that if a developer did the addition for hotel
rooms, they could not come back and convert those into establishments later on and/or add
entertainment venues in the rooftops. He added that in Paragraph b, Page 303 reads: (b) No
new outdoor or open air entertainment establishment shall be created on the property. Existing
outdoor or open air entertainment establishments may continue but shall not be expanded if a
property avails itself of this provision.
Discussion continued.
Vice-Mayor Exposito explained that his issue is with the additional structure in the back.
Michael Larkin, Esq., stated that there are different size cabanas and discussion continued.
Commissioner Tobin is in support of the ordinance, but for clarification, the ordinance states that
no new outdoor open-air entertainment establishments shall be created on the property; however,
existing open-air entertainment establishments may continue, but shall not be expanded if a
property avails itself from this provision. Therefore, in theory, one can open their outdoor
establishments now, and in six months from now will put-in for the changes.
Richard Lorber, Interim Planning Department Director, stated that language could be added to
address Commissioner Tobin’s concern.
Discussion continued regarding cabanas and change in uses and FAR.
Commissioner Wolfson added that it is important to state that they're not going to go beyond that
FAR, which would require a voter referendum, but they are asking to clean up the language so
they can play with the massing and the scale of it, so that it looks and fits right. This is just
adjusting the ordinance to allow them to design something more pleasing and he has no problem
with that.
Discussion continued.
Mayor Bower does not agree to changing ordinances for one developer.
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Commissioner Góngora is in favor of the project. He explained that the project went through the
Planning Board and the Historic Preservation Board, and those members voted unanimously for it
and he thinks this is good for Miami Beach; it is a good ordinance, it will create more attractive
properties, which will generate more resort tax.
Motion made by Commissioner Góngora, seconded by Commissioner Wolfson.
Discussion continued.
John Taft, South Beach Hotel owner, spoke.
Charlie Urstadt, member of the Planning Board, spoke. He added that on the second question on
the ballot he urges voters to vote “Yes” to strengthen the Historic Preservation.
Commissioner Libbin supports the Historic Preservation Board amendment on the ballot and also
the HPB is in support of this. For him this is about improving customer experience.
Commissioner Weithorn stated that in her opinion it is for the “greater good,” it will be a better
property for Miami Beach visitors and residents and she is in support of the item.
Discussion continued.
Commissioner Góngora stated that the ordinance allows for a change to the building, but it is a
change for the positive.
Mayor Bower commented that what is important is the service provided to the customers visiting
a hotel, not the size of the rooms. Many boutique hotels have very small rooms, but are fully
booked because of the excellent service they provide.
Discussion continued.
R7 - Resolutions
1:16:35 p.m.
R7A A Resolution 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, Following A Duly Noticed Public Hearing, 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. 10:45 a.m. Public Hearing
(Public Works)
(Continued from September 12, 2012)
ACTION: Item opened and continued to the December 12, 2012 City Commission meeting.
Motion made by Commissioner Weithorn; seconded by Commissioner Libbin; Voice vote: 6-0;
Absent: Commissioner Wolfson. Lilia Cardillo to place on Commission Agenda.
Handouts and Reference Materials:
1. Ad in The Miami Herald – Ad #728
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R7B A Resolution Repealing City Of Miami Beach Resolution No. 93-20694 Which Established The
City’s Complimentary Ticket Policy, And Substituting Therefore A Comprehensive Policy
Statement Of The City Of Miami Beach Regarding Its Use And Distribution Of City Tickets To
Events And Productions Occurring At City-Owned Venues And/Or City-Sponsored Events.
(City Manager’s Office/City Attorney’s Office)
(Not reached on September 12, 2012)
ACTION: Item referred to the Neighborhood/Community Affairs Committee. Motion made
by Commissioner Libbin to refer the item to the Neighborhood/Community Affairs Committee to
establish a Ticket Policy methodology; seconded by Vice-Mayor Exposito; Voice-vote: 4-0;
Absent Commissioners Góngora, Tobin and Weithorn. Barbara Hawayek to place on committee
agenda. Max Sklar to handle.
Jose Smith, City Attorney, explained that this is a resolution to conform the City’s tickets policy to
the recommendations by the Ethics Commission. He had a discussion with Mayor Bower as to
how the tickets will be distributed and suggested sending the issue to a committee to decide
which organizations will receive the tickets, and how the tickets will be distributed.
Mayor Bower stated that she does not use the tickets; she gives them to her secretary to give
them away or raffle them. She is concerned how the City receives the tickets. She added that
the tickets are received so late that it is impossible to get them to the people. She is fine with the
ordinance, but work needs to be done on the distribution of the tickets, since they are distributed
according to the location of the individuals receiving them to be able to attend the functions.
There needs to be a better formula for the distribution.
Discussion continued.
Max Sklar, Acting Assistant City Manager, spoke.
Discussion held.
Commissioner Wolfson stated that they should not be receiving any tickets. He sincerely
disagrees with receiving tickets and distributing them to other people from any of the events held
at the different facilities. If they want the community to receive tickets, there should be a
discount; otherwise, distribute them directly from the ticket box.
Discussion continued.
Motion made by Commissioner Libbin to send to committee; seconded by Vice-Mayor Exposito.
Jose Smith, City Attorney, stated that it is sent to committee to come up with the methodology.
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R7C A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Guaranteed
Maximum Price (GMP) Amendment No. 1, To The Pre-Construction Services Agreement With
Thornton Construction Company, Inc., Dated January 13, 2012, For The Construction Of The 6th
And 53rd Street Restrooms Project, In The Amount Of $1,200,493, Plus An Owner’s Project
Contingency Of $120,049, For A Total Of $1,320,542; With Previously Appropriated Funding In
The Amount Of $568,539 From SP Post RDA CDT And Municipal Resort Tax Fund 388,
$107,215 From SB Quality Of Life Resort Tax Fund 305, $644,788 From Capital Projects Not
Financed By Bonds Fund 301.
(Capital Improvement Projects)
ACTION: Item deferred.
City Clerk’s Note: Corrections: Page 364, in the Condensed Title, change date from July 6,
2012 to January 13, 2012. Page 365, in the Commission Memo Subject: A RESOLUTION
GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT NO.1, TO THE PRE-CONSTRUCTION
SERVICE AGREEMENT WITH THORNTON CONSTRUCTION COMPANY, INC, DATED
JANUARY 13, JULY 6, 2012, FOR THE CONSTRUCTION OF THE 6TH AND 53RD STREET
RESTROOMS PROJECT
R7D 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, Bayshore Neighborhood No. 8B, Lower North Bay Road;
Dated June 28, 2011 (The Contract), In The Not-To-Exceed Amount Of $798,424 Plus An
Owner’s Contingency Of $79,842 For A Total Of $878,266, For Additional Storm Water &
Hardscape Components Throughout The Project Limits And Approval Of An Increased Materials
Cost; With Previously Appropriated Funding In The Amount Of $337,721 From Gulf Breeze 2006
Fund 423, $274,351 From Stormwater Bonds 2011 Series Fund 431, $158,512 From Stormwater
Enterprise Fund 427, $67,893 From Capital Reserve Fund 304, $30,000 From 2003 Go Bonds
Neighborhood Improvement Fund 384, And $9,789 From Pay As You Go Fund 302.
(Capital Improvement Projects)
ACTION: Item deferred.
R7E A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 1
To The Construction Contract, Dated July 13, 2011, Between The City Of Miami Beach, Florida,
And David Mancini & Sons, Inc., For The Construction Of The City Of Miami Beach Right Of Way
Infrastructure Improvement Program, Bayshore Neighborhood No. 8E, Sunset Islands I & II
Project (The Contract); In The Amount Of $386,465 Plus An Owner’s Contingency Of $38,646,
For A Grand Total Of $425,111, For The Construction Of A Temporary And Permanent Street
Lighting System As A Result Of An Unforseen Condition For The Sunset Island 1 & 2 Project
Limits; With Previously Appropriated Funding In The Amount $85,021 From Fund 304 - Capital
Reserve, $28,215 From Fund 423 - Gulfbreeze 2006 Water & Sewer Bonds, $99,320 From Fund
424 - Water & Sewer Bonds 2000 Series, And $212,555 From Fund 431 - Storm Water Bonds
2011.
(Capital Improvement Projects)
ACTION: ACTION: Item deferred.
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R7F A Resolution Adopting Administrative Rules For Chapter 70, Entitled “Miscellaneous Offenses”,
Article II, Entitled “Public Places,” Division II, Entitled “Bicycling, Skateboarding, Roller Skating,
In-Line Skating, And Motorized Means Transportation,” Of The Miami Beach City Code, As
Provided For In Sections 70-69 And 70-70 Of The City Code.
(City Attorney’s Office)
ACTION: Item heard in conjunction with item R5A. Resolution No. 2012-28041 adopted as
amended and referred to the Neighborhood/Community Affairs Committee. Motion made
by Commissioner Góngora to approve the resolution as amended and refer to the
Neighborhood/Community Affairs Committee; seconded by Commissioner Weithorn; Voice-vote:
6-1; Opposed: Commissioner Libbin. Barbara Hawayek to place on committee agenda. Fred
Beckmann to handle.
See Discussion and Amendments in Action Item R5A.
Handout or Reference Materials:
1. Revised Administrative Rules “Alternate Language”
2:32:10 p.m.
R7G A Resolution Revising The “Special Events Requirements And Guidelines,” By Amending The
Following Sections: “Application Procedure,” “Weddings And Ceremonies,” “Product Promotion/
Temporary Sampling”, “Minimum Requirements,” “Internal Review Procedure,” “External Review
Procedure,” “Vehicle Access Policy,” “Booking Policy,” “Concession Agreements,” “Use Of Public
Property,” “Enforcement And Penalties;” And Further Amending The Special Event Fee Schedule,
And Hereby Permitting And Restricting Further Uses On Public Property.
(Tourism & Cultural Development)
ACTION: Item heard in conjunction with Item R5D. Resolution No. 2012-28042 adopted.
Motion made by Commissioner Wolfson to approve the resolution; seconded by Commissioner
Góngora; Voice-vote: 7-0. Max Sklar to handle.
RECOMMENDATIONS:
• Include criteria
• Come back to City Commission with a 4/7 vote
• Administration to submit event details and impact to the community
• Information of other events held at the same time
• Information regarding staffing issues
• Other events occurring before and after the event to be approved
• Advertise to everyone interested that this resolution is available, and asked that this be
advertised for event producers
End
Max Sklar, Acting Assistant City Manager, explained the changes to the resolution regarding
administrative policy. The Neighborhood/Community Affairs Committee in October recommended
that for long established events taking place in private property with the need to expand, that the
City draft the amended policy.
Discussion held.
Commissioner Libbin explained that at NCAC, there was discussion that the Commission would
be open to looking at events, but it will come down to whether or not there are resources.
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Mayor Bower wants to know who asked for this amendment to the Special Events policy and
suggested for Administration to come up with objective criteria that must be followed.
Discussion continued.
Commissioner Góngora explained that he thought this item was to give the hotel applicant the
ability, under certain criteria, to see if they qualified for expansion to the beach, and if the City
Commission would consider doing this. The City has to balance events with the residents’ needs.
Mayor Bower requested that the motion include that the Administration works on strict criteria and
guidelines and bring back to Commission for approval. Discussion continued.
Commissioner Tobin stated that if crowds cannot be handled, the City will not have any more
events.
Discussion continued.
Commissioner Weithorn stated that the Administration should have the flexibility with the
appropriate criteria.
Mayor Bower suggested adopting the resolution, excluding the criteria amendment, and referring
this issue to the Neighborhood/Community Affairs Committee to recommend guidelines and
criteria, and bring back in December.
Motion made by Commissioner Wolfson to adopt the resolution.
Commissioner Tobin asked the Administration to come up with objective indicators when the City
is at capacity, and cannot control crowds. Max Sklar to handle.
Discussion held.
Motion made by Commissioner Wolfson; seconded by Commissioner Góngora.
Mayor Bower suggested referring the impact, analysis and criteria to committee and bring back in
December and discussion continued.
Rafael Andrade, Esq., representing Mr. Cowan, explained that there is no assurance that they will
be approved when submitting an application. It gives them an opportunity to submit an application
for consideration, and if the City has resources it may be approved. This event is an ongoing
event, it has happened during nine years, and is a benefit to the City in different ways. The event
was held at the Shelborne, and they’re seeking an alternative location on public property, on the
beach at 21st Street.
Commissioner Libbin added that after Administration reviews it, to have it come back to the City
Commission for approval.
Mayor Bower added that all new public property events must come in front of the City
Commission for approval. Max Sklar to handle.
James Rauh, Esq., representing Mr. Jonathan Cowan, proponent of the change in the City’s
policy which was voted at committee, stated that the policy guidelines are incorporated into the
Special Events Guidelines. He explained that if Mr. Cowan had to wait until November to find out
whether or not he could get the permit, he would not be able to hold the event. He requested
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Administration to give Mr. Cowan an indication whether he can hold the event or not.
Discussion continued.
Commissioner Góngora stated that this item should come back to Commission in November with
all the details of the event.
Mayor Bower asked about the length of time when issuing permits.
Max Sklar, Acting Assistant City Manager, explained the process and added that this is a five-day
long event, from noon to 5:00 p.m., east of the dune on the 21st beach. He also explained the
fees involved.
Discussion continued.
Rafael Andrade, Esq., asked if the resolution could be adopted with the criteria that the City
Commission reserves the right to a revocable permit upon second review.
Mayor Bower reiterated that the motion must include adopting the resolution as is, but adding the
criteria that any new event in this category must go to the City Commission to be approved by a
5/7 vote.
Discussion continued regarding details of event.
Commissioner Tobin requested the following information: 1) what is the revenue or public benefit,
2) what is the burden to the public, 3) how are people attending being ensured of their safety, and
4) what is the maintenance of traffic plan.
Mayor Bower stated, for the record, that the motion is to approve the resolution as provided,
without any of the amendments stated previously.
First Motion Without Amendments
Motion made by Commissioner Wolfson; seconded by Commissioner Góngora; Roll call: 2-5;
Opposed: Mayor Bower, Vice-Mayor Exposito, and Commissioners Libbin, Tobin and Weithorn.
Motion failed.
Second Motion With Amendments & 5/7 Vote
Motion made by Commissioner Libbin to approve the resolution with the amendments, including
the specific criteria, to come back to the City Commission with a 5/7 vote; seconded by
Commissioner Góngora; Roll call: 3-4; Opposed: Vice-Mayor Exposito, and Commissioners
Weithorn and Wolfson. Motion failed.
Third Motion With Amendment with a 4/7 Vote - Adopted
Motion made by Commissioner Wolfson to approve the resolution with the amendments,
including criteria, and to come back to City Commission with a 4/7 vote; seconded by
Commissioner Góngora; Roll call: 4-3; Opposed: Mayor Bower and Commissioners Libbin and
Tobin.
Commissioner Tobin specifically requested all the details and set up of the event, including what
other events are occurring at the same time. Max Sklar to handle.
Mayor Bower requested announcing to everyone interested that this resolution is available, and
asked that this be advertised for event producers.
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Commissioner Weithorn clarified, for the record, that she also is requesting all details in order to
understand the impact, information regarding other events being held at the same time, staffing
issues and what is going on before and after the event. Max Sklar to handle.
Handout or Reference Materials:
1. Lobbyist List
7:58:54p.m.
R7H A Resolution Establishing, Pursuant To City Charter Section 2.04, Procedures For Calling Special
Meetings Of The City Commission By A Majority Of The Members Of The City Commission.
(City Attorney’s Office)
ACTION: Item referred to the Neighborhood/Community Affairs Committee (NCAC) to set
up criteria. Motion made by Commissioner Tobin to refer the item; seconded by Commissioner
Libbin; Voice vote: 7-0. Barbara Hawayek to place on the committee agenda. City At torney’s
Office to handle.
REFERRAL
NCAC to come up with criteria for Calling Special Meetings
End
Jose Smith, City Attorney, stated that this is a resolution that establishes guidelines and
procedures for calling Special Meetings of the City Commission by a majority of the City
Commission, and it is being done pursuant to the Charter question that was recently adopted. It is
implementing the Charter change by providing for a procedure where members of the City
Commission can inform the City Clerk that they wish to have a Special Meeting and the City Clerk
will be required to provide notice and advise the members and set a date for the meeting.
Mayor Bower stated that she gave suggestions at Agenda Review, and there should be some
criteria as to how and why a Special Meeting should be called. She added that it should be due
to an emergency, so it will not be misused. She requested not calling a Special City Commission
meeting until the criteria is in place.
Motion made by Commissioner Tobin to refer the item for criteria to committee, seconded by
Commissioner Libbin.
R7I A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
And Adopting The 2011 Citywide Stormwater Management Master Plan.
(Public Works)
ACTION: Item deferred to November 14, 2012 Commission Meeting.
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R7J A Resolution Strongly Opposing The Proposed 16% Base Rate Increase By Florida Power And
Light Company (“FPL.”)
(Requested by Commissioner Jonah Wolfson)
ACTION: Resolution No. 2012-28044 adopted. Motion made by Commissioner Wolfson to
approve the resolution; seconded by Commissioner Góngora; Voice-vote: 7-0. Fred Beckmann
to handle.
Commissioner Wolfson explained his opposing the raising of rate by FPL.
Discussion held.
Commissioner Weithorn stated that the Public Service Commission has made several
appearances and she does not believe that they recommended the increase, but she agrees that
this is a good time to tell the residents that the City understands that this is not the right time for
an increase.
10:26:11 a.m.
R7K A Resolution Expressing Appreciation For The Return Of The Cuban Flag At The Freedom Tower
And Requesting An Explanation As To The Flag’s Temporary Removal.
(Requested by Commissioner Jonah Wolfson)
ACTION: Resolution No. 2012-28045 adopted by acclamation. Item heard in conjunction with
PA4. Kevin Crowder to handle.
3:20:46 p.m.
SUPPLEMENTAL MATERIAL: Memorandum & Resolution
R7L A Resolution Approving Funding, In An Amount Not To Exceed $250,000, To Address The
Relocation Of The Kitchen Exhaust Venting System Installed By The Pennsylvania Avenue
Garage Retail Tenant, Penn 17, LLC (D/B/A Cooper Avenue); With Funding Available From
Previously Appropriated City Center RDA Capital Fund 365; And Further, Authorizing The Interim
City Manager And Penn 17, LLC To Negotiate And, If Successful, Execute An Agreement To
Proceed With The Re-Design, Permitting And Constructing Of Kitchen Exhaust Venting System
That Discharges Away From The Service Alley Located Between The New World Symphony
Building And The Pennsylvania Avenue Garage. Joint City Commission And Redevelopment
Agency
(Real Estate, Housing & Community Development)
(Memorandum & Resolution)
ACTION: Item heard in conjunction with RDA Item 1A. Item referred by acclamation to the
November 9, 2012 Finance and Citywide Projects Committee (FCWPC) for discussion and bring
back to the November 14, 2012 Commission Meeting. Patricia Walker to place on the committee
agenda. Lilia Cardillo to place on the Commission Agenda. Anna Parekh to handle.
RECOMMENDATIONS
• Referred to the November 9, 2012 FCWPC to analyze options and costs.
• Bring back to the November 14, 2012 Commission Meeting.
• NWS to obtain accurate estimates
End
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Kathie G. Brooks, Interim City Manager, introduced the item and explained that the location
discussed for the kitchen exhaust was the alley between the parking garage and the New W orld
Symphony Center facility. Since operation began, the NWS has expressed concerned as to the
smell emitting from the exhaust potentially impacting the facility. She added that two options were
explored; 1) exhaust going to 17th Street, which is about $65,000, or 2) exhaust to go out to
Pennsylvania Garage entrance for $180,000 cost of relocation.
Discussion held.
Jorge Gomez, Assistant City Manager, stated that this might be nuisance to the NWS; if when the
dock doors are open, the smell may get into the building.
Discussion continued as to relocation options and costs.
Bruce Clinton, Trustee of the New World Symphony, stated that the most efficient solution with
minimal impact would be to relocate the exhaust system to the southwest corner.
Commissioner Tobin stated that the solution is carbon filtration; and that he had visited the area
and could smell the fumes from the outside, but not the inside. Discussion continued.
Discussion held.
Kathie G. Brooks, Interim City Manager, stated that the Administration needs to have an
independent review on the process.
Discussion continued.
Mayor Bower suggested appropriating funds and referring to Finance and Citywide Projects
Committee the issue of exploring all the options discussed as well as the cost, and then come
back to the City Commission for approval.
Discussion continued regarding cost of options.
Motion made by Commissioner Wolfson to appropriate the funds to rectify the problem. No
second offered.
Commissioner Weithorn is concerned about new and unintended consequences. It is not prudent
for this Commission to take any action today, as there is no understanding of options,
consequences, what the possibilities are, etc. This has never been to committee for discussion.
Discussion continued.
Kathie G. Brooks, Interim City Manager, explained the reasons this item did not go to committee.
Discussion continued.
Commissioner Libbin explained that the City and NWS are partners, but he needs to know what
happens if they accommodate the recommendation of the NWS and then find out that it does not
resolve the problem. Who will be responsible for the cost?
Discussion continued.
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Howard Herring, President of the New World Symphony, explained that the real problem is that
four or five times per week people walk across the bridge from the parking garage into their
building and they are invited for food, and about 2/3 of the people that access the building, come
from the garage across the walkway.
Discussion continued.
Commissioner Tobin requested the NWS to get accurate estimates.
Mayor Bower suggested referring the item to the Finance and Citywide Proj ects Committee on
November 9, 2012 and bring back to the November 14, 2012 City Commission Meeting. Referral
approved by acclamation.
Kathie G. Brooks, Interim City Manager, expressed her concerns of not being able to get the
additional options analyzed and to Finance committee by November 9.
6:47:00 p.m.
SUPPLEMENTAL MATERIAL: Memorandum & Resolution
R7M A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
(FCWPC) Meeting, Pertaining To A Cure Of The Sunshine Law Issue Raised With Respect To
Request For Proposals No. 14-11/12 (The Lincoln Road RFP), And Also Recommending That A
Cure Be Undertaken, As A Pre-Emptive Measure, With Respect To Request For Qualifications
No. 22-11/12 (The Convention Center RFQ); Authorizing The City Administration And City
Attorney’s Office To Proceed With The Following Cure Options (As Presented To The FCWPC By
The City Attorney At The Committee’s October 3, 2012 Meeting): 1) Approving Cure “Option 2”
For The Lincoln Road RFP, And Authorizing The City Manager To Convene A New Evaluation
Committee And Have Such New Committee Meet In A Duly Noticed Public Meeting To (A) View
The Videotape Of The RFP Proposers’ Original Oral Presentations, Followed By (B) Question
And Answer Sessions With The Individual Proposers, And Ending With (C) The Committee’s
Deliberations, Rankings And Final Recommendation(s) To The City Manager (Provided That
Portion (B) Of The Meeting May Be Closed To The Public, As Permitted Pursuant To Section
286.0113(2), Florida Statutes, But Shall Be Recorded By The City); And 2) Approving Cure
“Option 1” For The Convention Center RFQ And Authorizing The City Manager To Re-Convene
The Current RFQ Evaluation Committee And Have The Committee Meet In A Duly Noticed Public
Meeting To (A) View The Videotape Of The RFQ Proposers’ Original Presentations, Followed By
(B) Question And Answer Sessions With The Individual Proposers, And Ending With (C) The
Committee’s Deliberations, Rankings And Final Recommendation(s) To The City Manager
(Provided That Portion (B) Of The Meeting May Be Closed To The Public, As Permitted Pursuant
To Section 286.0113(2), Florida Statutes, But Shall Be Recorded By The City).
(City Attorney’s Office)
(Memorandum & Resolution)
ACTION: Resolution No. 2012-28046 adopted. See motions below. Raul Aguila to handle.
Convention Center RFQ Motion
Motion made by Vice-Mayor Exposito to adopt the recommendations (Option 1) of the Finance
and Citywide Projects committee as to the RFQ; seconded by Commissioner Tobin. Voice-vote:
6-1; Opposed: Commissioner Wolfson.
Lincoln Road RFP Motion
Motion made by Commissioner Libbin to approve Option 2 as recommended by the FCWPC;
seconded by Commissioner Góngora; Voice vote: 5-1; Opposed; Mayor Bower. Absent:
Commissioner Wolfson.
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RECOMMENDATIONS:
Convention Center RFQ Option No. 1
• Reconvene current evaluation committee
• Committee to meet in a duly noticed public meeting
• Review original videotape of proposes
• Hold question and answer (Q&A) with individual proposers
• Viewing and Q&A will be close to the public
• Deliberations will be open to the public.
Lincoln Road RFP – Option No. 2
• Convene a new evaluation committee
• Committee to listen to the original taped presentations
• Question and Answer (Q&A) will be held
• Public deliberation
• Rectify committee if there is a deviation from the original written proposal
End
Raul Aguila, Chief Deputy City Attorney, explained that this is a resolution asking that the City
Commission accept the recommendation that the Finance and Citywide Projects Committee
made at its October 3, 2012 meeting, with regards to the Sunshine law issues on two pending
RFP’s, the North Lincoln Lane Property Development RFP and the RFQ for the Convention
Center Development. The issue discussed regarding a Sunshine Issue was raised by one of the
proposers of the Lincoln Road RFP who stated that the City did not follow the Sunshine law
because the RFP Evaluation Committee did not deliberate in public. Legal recommends
approving and authorizing the Administration to cure all alleged violations in order to move
forward with the process.
Mr. Aguila continued explaining that the Convention Center RFQ was discussed and the
committee decided to reconvene the RFQ’s original selection committee and reconvene to listen
to the seven proposers and deliberate in public, on record and on tape. In regards to the Lincoln
Road RFP, in addition to the alleged Sunshine law issue, he stated on the record, that the City
Attorney’s Office does not believe that any committee members had any conflict of interest and
Legal recommends bringing a recommendation and final deliberation to the City Commission,
convene a new evaluation committee to hear the original presentations of the four proposers and
deliberate on the record.
Mayor Bower asked since new questions will be asked during the deliberations, how are the
questions going to be monitored.
Raul Aguila, Deputy City Attorney, stated that this issue was raised at committee. He stated that
they want to cure the violation and then address the concern that no proposer will be given the
opportunity to effectively amend or change what they originally proposed in the written proposal.
In both cases, the Evaluation committee will have the original proposal in front of them, and if
there are deviations from the oral presentation from what was proposed in writing, they will be
told that they cannot consider something that was not originally proposed in writing. He explained
the exemptions to the Sunshine law.
Discussion held.
Jose Smith, City Attorney, suggested notifying the proposers that they need to raise any
questions now rather than later.
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Discussion continued.
Raul Aguila, Chief Deputy City Attorney, stated that the City has been fully transparent on this
issue, and it is not admitting or denying that there has been a Sunshine law violation, but the legal
recommendation, in order to move forward with regards to the Convention Center, is not to waste
time with litigation and move forward with the process.
Convention Center RFQ Motion
Motion made by Vice-Mayor Exposito to adopt the recommendations (Option 1) of the Finance
and Citywide Projects committee as to the RFQ; seconded by Commissioner Tobin. Voice-vote:
6-1; Opposed: Commissioner Wolfson.
Raul Aguila, Chief Deputy City Attorney, explained that Option No. 1 is reconvening the current
evaluation committee, having the committee meet in a duly noticed public meeting, review original
videotape of proposes, hold a question and answer with individual proposers and the viewing and
Q&A will be close to the public; however, deliberations will be open to the public.
Discussion continued.
Russell W. Galbut, Esq., representing Crescent Heights, spoke.
Raul Aguila, Chief Deputy City Attorney, explained that the Finance and Citywide Projects
Committee had recommended Option 2 for the Lincoln Road RFP. Cure Option 2 will be to
convene a new evaluation committee, have the committee listen to the original taped
presentations, followed by a physical Q&A, and deliberations in public.
Lincoln Road RFP Motion
Motion made by Commissioner Libbin to approve Option 2 as recommended by the FCWPC;
seconded by Commissioner Góngora; Voice vote: 5-1; Opposed; Mayor Bower. Absent:
Commissioner Wolfson.
Discussion continued.
Mayor Bower expressed her concerns that proposers may have the opportunity of changing the
presentation and is requesting that this will not be allowed.
Raul Aguila, Chief Deputy City Attorney, explained that Mr. Gomez, Maria Poncel and himself
were present at the presentations, and after proposers gave the presentation, they instructed the
committee where proposers deviated from the original in writing. This time around, if they see a
deviation from the original proposal, the committee will be instructed in the same way.
Discussion continued.
Handout or Reference Materials:
1. Lobbyist List
2. Email from Wendy Kallergis dated October 23, 2012 to Max Sklar RE: GMBHA Letter of Request for
CMB 10/24/12 Commission Meeting.
3. The Miami Herald article, posted on Mon, Oct. 22, 2012, titled “Miami Beach Convention Center
needs upgrades, top meeting planner says,” by Hanna Sampson.
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SUPPLEMENTAL MATERIAL: Memorandum & Resolution
R7N A Resolution Opposing The Use Of Any Convention Development Tax (“CDT”) Funds For A
Purpose Other Than For Convention Center Development, And Further Opposing Any
Expenditure Of Such CDT Taxes For Water And Sewer Infrastructure Or For Any Other Purpose
That Is Not Eligible For CDT Funding Pursuant To State Law.
(Requested by Mayor Matti Herrera Bower)
(Legislative Tracking: City Attorney’s Office)
ACTION: Resolution No. 2012-28047 adopted. Motion made by Vice-Mayor Exposito to
approve the resolution; seconded by Commissioner Weithorn; Voice-vote: 6-0; Absent:
Commissioner Wolfson. Patricia Walker, Max Sklar and Kevin Crowder to handle.
Kathie G. Brooks, Interim City Manager, introduced the item. The County’s Infrastructure
Community has passed a resolution, which is going to full Commission, requesting a report of all
possible uses of funding to be able to address the water and sewer infrastructure needs for the
County, which are significant. Most concerning is that the Committee has listed Convention
Development Taxes as one of the possible funding sources; and the Administration recommends
that this be excluded, as it is not an appropriate use of the funds.
Vice-Mayor Exposito stated that he expressed to the County, on the record, the City’s objection
on the use of Convention Development Tax (CDT) for water and sewer infrastructure. After the
County Infrastructure Committee took the vote, he asked them to reconsider and strike CDT
taxes from the resolution, but the Committee members refused to do so. In fact, the Committee
stated that they were looking at the legality of whether or not they could use said funds; which is
not very comforting. The City was also told that it needs to move forward as to what is to be done
with the Convention Center, as there are other opportunities being sought west. It is a serious
threat. Vice-Mayor Exposito informed the County Committee that he had an Attorney General
Opinion, with clarity and specificity, as to what the proper use of CDT funds could be utilized for.
However, the County refused to listen.
8:05:19 p.m.
SUPPLEMENTAL MATERIAL: Memorandum & Resolution
R7O A Resolution Approving The Design Of The Recycling Receptacle To Be Provided Under The
Coca-Cola Sponsorship Agreement, And Also Approving The Design Of A Matching Trash
Receptacle, As Recommended By The Finance And Citywide Projects Committee At Its July 9,
2012 Meeting.
(Public Works)
ACTION: Resolution No. 2012-28048 adopted as amended. Motion made by Commissioner
Libbin to approve the resolution; seconded by Commissioner Góngora; Voice-vote: 7-0. Fred
Beckmann to handle.
Amendment
Recycling bins to be designed in silver color
Trash containers to be design in blue color
Replace containers as needed
End
Max Sklar, Acting Assistant City Manager, introduced the item was reviewed by the Design
Review Board (DRB) and the Historic Preservation Board (HPB). The HPB said that the design
of the container should be more consistent with the unique design and character of Miami Beach,
and the DRB endorsed it subject to minor modification. To satisfy some of the concerns
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expressed by HPB, was to look at modifying the colors. The HPB agreed with the silver colors,
and the garbage containers should be in “Miami Beach” blue color.
Commissioner Libbin stated that the Sustainability Committee strongly feels that the colors of the
containers should be silver for the recycling and blue for the trash bins.
There was consensus that the design of the recycling containers be silver, and the trash
containers blue.
Max Sklar, Acting Assistant City Manager, clarified that the recycling bins are provided free with
the Coca-Cola contract and the trash bins would have to be manufactured.
11:33:42 p.m.
SUPPLEMENTAL MATERIAL: Resolution
R7P A Resolution Approving The Issuance Of New Police And Parking Towing Permits To Beach
Towing Services, Inc. And Tremont Towing Services, Inc., With Said Permits Having A Three (3)
Year Term, Commencing On November 1, 2012, And Ending On October 31, 2015; Further
Approving Amendment No. 2 To The Administrative Rules And Regulations For Police And
Parking Towing Permits.
(Parking Department)
ACTION: Item deferred.
Rafael Andrade, representing Beach Towing, respectfully requested a continuance of the item to
the November 14, 2013 Commission Meeting. He does not represent Tremont, but they know he
is requesting the continuance.
R9 - New Business and Commission Requests
R9A Board And Committee Appointments.
(City Clerk’s Office)
ACTION: The following individuals were appointed and/or removed:
Affordable Housing Advisory Committee:
Robert Saland Removed due to absences
Committee on Quality Education in MB:
Maria Hosu Removed due to absences
Disability Access Committee:
Andrea Lisa Travaglia Term ending 12/31/12 Appointed by Vice-Mayor Exposito TL 12/31/19
Fine Arts Board:
Seth Frohlich Removed due to absences
Monica Minagorri Removed due to absences
Hispanics Affairs Committee:
Luz Rojas Term ending 12/31/12 Appointed by Mayor Bower TL 12/31/19
Miami Beach Human Rights Committee:
Michael Andrews Resigned effective 09/10/2012
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Miami Beach Sister Cities Program:
Jacobo Epelbaum, Other) Term ending 12/31/2013 Appointed by Mayor Bower TL 12/31/19
Personnel Board:
David Richardson Resigned effective 08/29/12
Production Industry Council:
Joyce Galbut Removed due to absences
Ivan Pol Removed due to absences
Safety Committee:
Mark Jacobs Resigned effective 10/10/12
Jason Witrock Term ending 12/31/12 Appointed by Vice-Mayor Exposito TL 12/31/19
Tennis Advisory Committee:
Rebecca Boyce Term ending 12/31/12 Appointed by Commissioner Góngora TL 12/31/19
Gayle Durham Term ending 12/31/14 Appointed by Commissioner Tobin TL 12/31/20
Dolores Hirsch Term ending 12/31/13 Appointed by Commissioner Wolfson TL 12/31/19
Transportation and Parking Committee:
Robert Newman Removed due to absences
Handout or Reference Materials:
1. Memorandum to Mayor Matti Herrera Bower and Members of the City Commission from Rafael E.
Granado, City Clerk, dated October 19, 2012, RE: At-Large Nominations Updates.
R9A1 Board And Committee Appointments - City Commission Appointments.
(City Clerk’s Office)
ACTION: No appointments were made.
4:00 p.m.
R9B1 Dr. Stanley Sutnick Citizen’s Forum. (12:30 p.m.)
ACTION: The following individuals spoke:
1. Jo Manning stated that The Miami Herald building is being considered for historic designation,
and added that in her opinion, the building meets all the criteria. She explained that when
they attempted to speak in favor of the designation with other preservationists in front of the
Miami Historic Preservation Board, they were told that they were all lobbyists from Dade
Heritage Trust and would need to register. The hall was packed with people opposing the
issue, and the preservationists in support had to register with the City Clerk. She registered
because she was under duress and only three individuals were allowed to speak, but she
wants to know what to do.
Discussion held.
Jose Smith, City Attorney, suggested that Ms. Manning check with the Ethics Commission to
give them advice and possible violation of ethics law.
Commissioner Wolfson suggested bringing a resolution in support of the designation of The
Miami Herald building to be placed on the November 14, 2012 City Commission Meeting.
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2. Paul Jonas spoke about item C4F and suggested establishing the Bike Committee rather than
referring to Commission Committee. He also made reference to item R7F on page 440,
Section H, regarding Segways, and safety issues. He also stated regarding item R7G, that he
thinks is an unnecessary delay and an extra step for event producers.
3. Richard McKinnon, CWA President, requested to be added to the Committee of the Whole
meeting to update them on contract negotiations.
Motion made by Commissioner Wolfson; seconded by Commissioner Tobin to add Richard
McKinnon to the Committee of the Whole. No vote taken and discussion held.
Mayor Bower warned that this has never been done before, and cautioned against doing it for
this Union, as it would set a precedent. Mayor Bower will vote no.
Discussion continued.
Kathie G. Brooks, Interim City Manager, expressed her concern and asked Legal to advice,
since they are in collective bargaining process, and wants to make sure that there are no
violations. There is a bargaining team in place.
Discussion continued.
Jose Smith, City Attorney, stated that the nature of the conversation at the dais could lead
them to a place they do not want to be. This Union has filed many unfair labor practice
complaints against the City in the past, and he is concerned that the conversation may lead to
something unwanted. He suggested designating Kathie G. Brooks, Interim City Manager, to
do the negotiations.
Discussion continued.
Richard McKinnon, President CWA, stated that there are civil service board issues that he
wanted to address. He commented that what is happening in the Parking Department has
nothing to do with Union negotiations.
4. Steve “Bubba’ Cohen stated that the City and/or the Police Department hired a former Miami
Herald executive to do Media Relations for the beach, and he wants to know who it is. He
added that a lot of negative articles, including the PAL articles from about a year ago, are no
longer in the Herald’s database. He questioned other article, such as the one regarding a
settlement of $700,000 against a female firefighter from April 2012, which is no longer in The
Miami Herald’s database, and he requested to meet with the new Administration.
Discussion held.
Jose Smith, City Attorney, explained that there is no $700,000 settlement with a firefighter,
the judgment was reduced to $300,000 and is presently on appeal.
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R9B2 Dr. Stanley Sutnick Citizen’s Forum. (5:30 p.m.)
ACTION: The following individual spoke:
Fay Loesman stated that the SunPost published a story about police presence, and in that story
the Chief talked about not disbanding the narcotic unit and investigating auto theft; he wanted to
inform the City Commission that his $23,000 motorcycle was stolen, another gentleman’s
motorcycle has been stolen and there is no follow up by the Police Department. He called the
Chief in three occasions and complained about auto theft and he has not had the courtesy to call
him back. There should be some type of accountability by the Police Department and the Police
Chief himself. The comments in the SunPost are not true.
Rafael Granado, City Clerk, requested the speaker’s phone number for follow up. Chief
Martinez to handle.
8:11:02 p.m.
R9C Discussion Regarding A Resolution Urging The Florida Legislature To Exempt From Public
Records Disclosure Absentee Ballot Requests And Personal Information Included On Such
Requests.
(Requested by Commissioner Deede Weithorn)
(Not reached on September 12, 2012)
ACTION: Discussion held. Item referred to the Neighborhood/Community Affairs Committee
by consensus. Barbara Hawayek to place on the committee agenda. City Attorney’s Office to
handle.
8:12:15 p.m.
R9D Discussion Regarding The Issuance Of RFP For Call Centers And Including A Local Preference
So As To Provide The Highest Level Of Service Possible.
(Requested by Commissioner Jonah Wolfson)
ACTION: Discussion held. Item referred to the Finance and Citywide Projects Committee by
consensus. Patricia Walker to place on the committee agenda and to handle.
Mayor Bower suggested for all the Commissioners to speak with Interim City Manager Kathie G.
Brooks, so they will be prepared with all the information when the item goes to Committee.
4:27:21 p.m.
Committee of the Whole Announcement:
Rafael E. Granado, City Clerk, announced that the Committee of the Whole Meeting for item R9E will
take place during lunch recess.
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R9E The Committee Of The Whole Will Meet During Lunch Recess Of The October 24, 2012 City
Commission Meeting At The City Manager’s Office Large Conference Room To Discuss
Resumes Received For The City Manager’s Position.
(City Manager’s Office)
ACTION: Announced and held. Lilia Cardillo to place the City Manager’s Candidates for review
and consideration at the December 12, 2012 Commission Meeting.
S. Reneé Narloch, Vice President, Eastern Region of Bob Murray & Associates, gave an
overview of the recruitment process thus far.
Ms. Narloch provided a brief overview of the candidates that she recommended for additional
consideration.
TO DO: Commissioner Tobin requested the list of the 150 potential candidates that Ms. Narloch
attempted to recruit directly through mailings. Reneé Narloch to handle.
TO DO: Commissioner Tobin requested that Ms. Narloch continue to do her due diligence on the
four or so recommended candidates, and continue the recruitment process. Reneé Narloch to
handle the continuation of due diligence process.
Commissioner Tobin expressed that the recruitment process, as conducted by Bob Murray &
Associates, was improperly handled.
Commissioner Tobin stated that they must use a different recruiter. Commissioner Tobin
reminded his colleagues that he had suggested using a compilation of recruiters from the onset.
They give one recruiter exclusivity for one month, and then open it up to more. Whichever
recruiter brings the selected candidate, earns the commission.
Thereafter, discussion was held regarding the commission fee normally paid to such a recruiter.
Commissioner Tobin stated that the industry practice was a fee of approximately 20-30% of
salary.
Consensus reached:
1. Bob Murray & Associates to continue its recruitment process until December 1, 2012, at
which time, the additional candidates will be provided to the City Commission for review and
consideration at the December 12, 2012 Commission Meeting.
2. Commissioner Tobin to be the point person to bring back names of additional recruiters to be
presented to the City Commission on November 14, 2012. Information to be provided by
Commissioner Tobin to include name of entity, experience, cost, and samples of recent
placements. Jose Smith, City Attorney, to work with Commissioner Tobin on the RFP process
and invitation letters.
3. Jose Smith, City Attorney, to provide Commissioner Tobin with the names, addresses and
contact information of the 200 or so recruiters to whom invitation letters were sent during the
first recruiter selection process conducted by Mr. Smith and Commissioner Weithorn.
Handout or Reference Materials:
1. Term sheet provided by City Attorney
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R9F Discussion Regarding Update On The Negotiations With Former City Manager Jorge Gonzalez.
(City Attorney’s Office)
ACTION: Discussion held. Motion made by Commissioner Libbin to approve $440,000, offset by
the value of ten months of insurance; seconded by Commissioner Góngora. Either we pay him
for the one-year insurance or the City pays the premium he is asking for, not both. Ballot vote; 5-
2; Opposed, Commissioners Tobin and Wolfson. City Attorney’s Office to handle.
Jose Smith, City Attorney, provided an update on the negotiations. He stated that after analyzing
all the items that are compensable, the amount the City is responsible to the former City Manager,
Jorge Gonzalez, is $420,500. There are other issues about his car, his laptop and his iPad. There
is a dispute as to whether he is entitled to one year of pension credit. There was an issue
involving the cost of the one-year worth of pension that the City Manager believes he is entitled to
as part of aggregate compensation. Jorge Gonzalez believes that the number is $150,000,
reduced to present value, and it depends what numbers are used, but roughly after speaking with
the Pension Board, that number came to about $150,000 over Mr. Gonzalez’s lifetime. Mr. Smith’s
position is that he does not believe Mr. Gonzalez is entitled to that one-year worth of credit. In
order to avoid the uncertainty and the cost of litigating that issue and putting the matter to rest, Mr.
Smith came to an understanding with Jorge Gonzalez, the former City Manager, and prepared a
term sheet that allows for the sum of $35,000 as that piece of the claim in order to resolve that
one issue. Mr. Smith believes that is a reasonable amount and that saves the City money,
because they would not have to spend that amount of money in litigation, and it would avoid
uncertainty. The former City Manager also has asked for additional health care insurance through
May 2013.
Include In The Total Aggregate Compensation:
144 hours of planning days
96 hours. of sick leave, which is payable at 50%
136 hours vacation leave
24 hours of floaters
8 hours of birthday leave; and
Additional 96 hours of vacation in the bank
For a total of 504 hours, which amounts to approximately $50,000.
Discussion held.
Commissioner Tobin will like to know the value of all the accrued time for a separation
agreement. He will like to see the value of his separation check. City Attorney’s Office to
handle.
Discussion continued.
Commissioner Tobin inquired if former Manager Gonzalez was requesting the City to both pay for
the health insurance for him and his family through May 2013 and in addition, he is asking for
$27,000 for health insurance. Mr. Smith responded in the affirmative.
Commissioner Góngora stated that we need to check the insurance issue.
Commissioner Libbin stated that he asked the City Attorney how much will it cost to go to
arbitration and the cost is $35,000. He stated that it is a business decision and the arbitrator may
award Gonzalez more. Commissioner Libbin suggest for the City to agree to the $440,000, but
not pay it until the other items are agreed on.
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Commissioner Tobin stated that he would like to put the final figures in writing and present it to
Mr. Gonzalez, for him to either take it, or go to litigation.
Jose Smith, City Attorney, stated that item leave bank payout is a matter of law and not
negotiable.
Commissioner Tobin stated that if we owe him as a matter of law, cut him a check. He would like
to offer him a take it or leave it on all the other issues.
Discussion continued.
Mayor Bower asked for a motion.
Motion made by Commissioner Libbin to pay the former Manager the $440,000.
Commissioner Góngora asked if the $440,000 included the $27,000 for double health insurance
Mr. Libbin responded “no.”
Commissioner Góngora asked Commissioner Libbin if the motion was to pay the former Manager
what he is entitled pursuant to contract; to resolve the disputed pension credit at $35,000; but not
agree to the additional charge for double insurance. Commissioner Libbin stated that
Commissioner Góngora had correctly interpreted his motion.
Motion seconded by Commissioner Góngora.
Mr. Smith wanted to clarify, because the former City Manager had been very clear on this issue,
that health insurance is an item that the former City Manager believes he is entitled to.
Commissioner Góngora explained that this was a “take it or leave it” motion. He does not want to
see this item back again. If not accepted, it goes wherever it needs to go.
Commissioner Libbin commented that if this Commission made a motion to pay the former
Manager his health insurance through May 2013, they now have to live with that.
Voice vote: 4-3; Opposed: Commissioners Tobin, Weithorn and Wolfson.
Commissioner Tobin stated that after the former City Manager came in after being discharged, he
requested health insurance. Commissioner Tobin would agree to give the contractually
mandated health insurance, but not the additional $35,000, on the disputed number.
Commissioner Weithorn stated that if they wanted to change that motion to add that they would
include an offset for the health insurance, then she would be amenable to change her vote.
Commissioner Libbin restated the motion as amended. Motion to pay the $440,000, with the
adjustment necessary for the offset for health insurance; seconded by Commissioner Góngora.
Voice vote: 6-1; Opposed: Commissioner Wolfson.
Commissioner Tobin stated that he did not want to pay the $35,000.
Commissioner Weithorn stated that she would be agreeable to pay the $35,000, as this was
equivalent to the legal fees. Commissioner Weithorn just cannot agree to a double dip. She also
stated that this is all subject to the former City Manager signing a release, and on the day of the
release the City writes a check, and they are done.
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Commissioner Tobin requested to see the draft of the settlement agreement and release. City
Attorney’s Office to handle.
Motion read:
Motion made by Commissioner Libbin to approve $440,000, offset by the value of ten months of
insurance; seconded by Commissioner Góngora. (Either City to pay the former Manager for the
one-year of insurance or the City to pay the premium he is asking for, not both.) Ballot vote; 5-2;
Opposed, Commissioners Tobin and Wolfson. Motion carries.
City Clerk’s Note:
1. Resolution 2012-28107 adopted.
A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Settlement
Agreement Between The City And Former City Manager Jorge Gonzalez, In Full And Final
Settlement Of Any And All Claims Including, But Not Limited To, Mr. Gonzalez’s Rights To
Any Severance And Other Payments Which May Now Or Hereinafter Be Due Under That
Certain Employment Agreement Between The City And Mr. Gonzalez, Dated July 26, 2000
(Including Any Amendments Thereto).
2. Settlement Agreement With Mutual Full And General Waiver And Release Of All Claims,
executed December 20, 2012 along with the Resolution.
9:32:14 p.m.
R9G Discussion Regarding Middle Beach Recreational Corridor - Phase 1.
(Requested by Commissioner Edward L. Tobin)
ACTION: Item not reached since Commissioner Tobin was absent.
8:11:55 p.m.
R9H Discussion On Giving Guidance To The IT Steering Committee To Review The Pros And Cons Of
Becoming A Paperless Environment And Create New Policies And Procedures To Be
Implemented Within The City Of Miami Beach.
(Requested by Vice-Mayor Jorge R. Exposito)
ACTION: Discussion held. Item referred to the Finance and Citywide Projects Committee
by acclamation. Patricia Walker to place on the committee agenda. Gladys Gonzalez to
handle.
7:38:51 p.m.
R9I Discussion Regarding Assisting Jewish Community Services (JCS) With Temporary Facility
During Renovations.
(Requested by Commissioner Edward L. Tobin)
ACTION: Discussion held.
Fred Stock, MSW President and Chief Executive Officer, Jewish Community Services of South
Florida, explained that over the past two years there has been a tremendous partnership
developed with the City, Miami-Dade County, Dade County School Board and JCS, and funds
have been put together to rehabilitate this facility beginning sometime in January. That would
necessitate relocating from the building for four to five months, and the JCS is looking for an
appropriate space to house the facility while renovations are being completed. He asked for
assistance to find space.
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Discussion held.
Max Sklar, Acting Assistant City Manager, stated that the Administration has actively been
searching for the space needed. They have reached out to churches, synagogues and non-profit
organizations, but have not been able to meet their needs.
Fred Stock suggested using the 6th Street Community Center.
Mayor Bower asked the Administration to investigate the space available at the 6th Street
Community Center, and enter into an agreement if possible. Max Sklar to handle.
7:43:18 p.m.
R9J Discussion Regarding Commencement Of Penny Tax For Convention Center.
(Requested by Commissioner Edward L. Tobin)
ACTION: Discussion held.
Commissioner Tobin explained that there may be a vehicle to collect the 1% bed tax and he
asked the Legal Department to look over the referendum and perhaps draft some improvement
agreement to implement the 1% right away. City Attorney’s Office to handle.
Discussion held.
Alex Heckler, Esq., spoke.
Discussion continued.
Jose Smith, City Attorney, stated that an ordinance is needed to implement the one-cent tax.
Raul Aguila, Deputy City Attorney, explained the ballot question for the one-cent tax. There are
two triggers to implement this 1% tax; 1) triggered by passage of an ordinance, and; 2) there is
an agreement in place for the developer for the expansion, enlargement, renovation and/or
improvement of the Miami Beach Convention Center. He stated that the intent was to have a
holistic project for the renovation and expansion of the center, not a minor project.
Rolando L. Aedo, Chief Marketing Officer and Executive Vice President of Greater Miami
Convention & Visitors Bureau (GMCVB), spoke.
Discussion continued.
Alex Heckler, Esq., spoke.
Discussion continued.
8:11:45 p.m.
R9K Discussion Regarding Status Update Of Flamingo Baywalk.
(Requested by Commissioner Edward L. Tobin)
ACTION: Item withdrawn by Commissioner Tobin.
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11:42:58 a.m.
SUPPLEMENTAL MATERIAL: Resolution
R9L Discussion Regarding A Resolution In Support Of Miami-Dade County Public Schools' Capital
Bond Referendum To Modernize And Construct Schools, Including Technology Upgrades At All
Schools.
(Requested by Mayor Matti Herrera Bower)
ACTION: item heard in conjunction with item R9M. Discussion held. Resolution No. 2012-
28049 adopted. Item referred to the Finance and Citywide Projects Committee. Motion
made by Commissioner Libbin; seconded by Vice-Mayor Exposito; Voice vote: 5-0; Absent
Commissioners Tobin and Wolfson. Patricia Walker to place on the committee agenda. Leslie
Rosenfeld to handle.
REFERRAL TO FINANCE
Finance to find ways to strengthen and fill the need for permanent healthcare
End
Iraida R. Mendez-Cartaya, Assistant Superintendent of the Miami-Dade County School Board, on
behalf of the Superintendent of Schools and the School Board of Miami-Dade County, thanked
the City Commission for their support on the bond initiative, and most importantly for the City's
continued steadfast support of the schools and the public school system and public education in
Miami-Dade County and the State of Florida. Miami Beach was the first City to have an
education compact which serves as a model for other cities. Miami Beach has a committed and
strong education advisory committee, with Ms. Tandy, current Chair and the past two Chairs, Ms.
Heller and Ms. Rivo. She explained about the November 6, 2012 Ballot Question on Item 222,
regarding whether to authorize the issuance of $1.2 billion dollars in general obligation bonds.
Item 222 is an investment in County schools, students, and teachers, it is an investment in the
community and in the future. This is an investment in a district that just won the Broad Prize, a
coveted national prize of student achievement of closing the gaps between whites and minority
groups. She explained the improvements that would be made what the passing of Item 222.
Commissioner Libbin congratulated the School Board on the Broad Prize and explained how the
Joint Task Force and the Miami Beach Chamber of Commerce formed a committee under the
City’s Quality of Education Committee to work on health care issues at North Beach Elementary,
Biscayne Elementary and Treasure Island schools. He added that out of 350 schools, only 150
schools have any level of health care. He asked the Quality of Education Committee to pass a
resolution urging this City Commission to see if there is consensus to strengthen the statements
met about the importance of health care. He asked if the Fire Department would consider, on an
interim basis, putting a Rescue Unit in the parks in the afternoon, to be evaluated by EMT’s if
needed at no charge.
Motion made by Commissioner Libbin to refer to the Finance and Citywide Projects Committee
the issue to find ways to strengthen and fill the healthcare needs in all Miami Beach Schools;
seconded by Vice-Mayor Exposito; Voice vote: 5-0. Patricia Walker to place on the committee
agenda.
Heidi Tandy, Committee for the Quality Education Chair, spoke.
Laura Levy spoke.
Karen Rivo, Committee for the Quality Education in Miami Beach member, spoke.
Iraida R. Mendez-Cartaya spoke.
Adam Shredoff spoke.
Handout or Reference Materials:
1. Email from Enid Rodriguez to Leslie Rosenfeld, dated October 22, 2012 RE: MDC Public Schools
Resolution
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R9M Discussion Regarding The Sustainability Committee’s Recommendation For The Administration
To Develop Appropriate Guidelines To Require All Special Events In The City To Offer Recycling.
(Requested by Commissioner Jerry Libbin)
ACTION: Discussion held. Motion made by Commissioner Libbin that this is done
administratively and to bring it back to the City Commission for approval; seconded by
Commissioner Wolfson; Voice vote: 7-0. Max Sklar to handle.
Motion made by Commissioner Libbin, member of the Sustainability Committee, to the direct the
Administration to develop appropriate guidelines for all special events, requiring some form of
recycling. No second offered.
Motion made by Commissioner Weithorn to direct the Administration to draft the guidelines and
refer it to the Neighborhood/Community Affairs Committee. No second offered.
Commissioner Tobin requested that this be done administratively.
Motion made by Commissioner Libbin that this be done administratively and to bring it back to the
City Commission for approval; seconded by Commissioner Wolfson; Voice vote: 7-0. Fred
Beckmann to handle.
11:42:23 a.m.
ADDENDUM 1:
R9N Discussion Regarding Motions Made By The Quality Of Education Committee During Their
September Meeting.
(Requested by Commissioner Jerry Libbin)
ACTION: Item heard in conjunction with item R9L. Discussion held. Item referred to the
Finance and Citywide Projects Committee. See Action with Item R9L.
8:17:02 p.m.
ADDENDUM 1:
R9O Discussion Regarding Public Safety Issues In Abandoned Homes On Miami Beach (i.e. Beehive).
(Requested by Commissioner Edward L. Tobin)
ACTION: Discussion held. Item referred to the Land Use and Projects Committee by
acclamation. Richard Lorber to place on the committee agenda and Alex Boksner to handle.
Commissioner Tobin requested to refer the issue to the Land Use and Projects Committee.
Referral approved by acclamation.
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ADDENDUM 1:
R9P Discussion Regarding Extending The Food Truck And Music Fest In North Beach.
(Requested by Commissioner Michael Góngora)
ACTION: Discussion held. Event extended for a month and referred to the
Neighborhood/Community Affairs Committee in December. Motion made by Commissioner
Góngora to extend the festival until December 2012, and then refer it to the
Neighborhood/Community Affairs Committee for discussion; seconded by Commissioner
Weithorn; Voice vote: 7-0. Barbara Hawayek to place on the committee agenda. Max Sklar
to handle.
Commissioner Góngora stated that he added this item because the Food Truck and Music
Festival in North Beach is only approved for a three-month pilot program, which will run out the
day of the next City Commission meeting.
Discussion held.
Commissioner Góngora requested that the event be extended for another three months.
Discussion continued.
Motion made by Commissioner Góngora to extend the Food Truck and Music Festival in North
Beach for one more month, until December 2012, and bring it back for discussion.
Max Sklar, Acting Assistant City Manager, explained that this item is already scheduled for
discussion at the November Neighborhood/Community Affairs Committee.
Motion made by Commissioner Góngora to extend the festival until December 2012, and then
refer it to the Neighborhood/Community Affairs Committee for discussion; seconded by
Commissioner Weithorn; Voice vote: 7-0.
8:17:50
ADDENDUM 2:
R9Q Discussion Regarding The Changes To Valet And Metered Parking With Respect To Joe’s Stone
Crab.
(Requested By Vice-Mayor Jorge R. Exposito)
ACTION: Discussion held. The request for an extended ramp during the construction can be
accommodated with the provision that this will sunset at the end of the construction period. Saul
Frances to handle.
RECOMMENDATION:
Administration to review the process that triggers the signs based on CIP projects
END
Vice-Mayor Exposito explained that there is a lot of construction going on in front of Joe’s Stone
Crab. The valet services changed due to the construction, and this triggered a change in the
number of parking spaces. There are no parking meters from the entrance to the corner of
Biscayne Street, and they are asking that during construction, to allow them two valet parking
spaces.
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Saul Frances, Parking Department Director, stated that this could be accommodated. He
explained that what they are asking for is an extended ramp during the construction with the
provision that this will sunset at the end of the construction period. Saul Frances to handle.
Mayor Bower stated that when she went there for the meeting every single meter was bagged in
three entire blocks and she called to report it.
Discussion held.
Saul Frances, Parking Department Director, explained that they have a process that triggers the
posting of the signs when CIP informs him of the project.
Kathie G. Brooks, Interim City Manager, stated that they will review the process that triggers the
signs based on CIP projects. Saul Frances to handle.
9:03:22 p .m,
EMERGENCY ITEM:
ADDENDUM 3
R9R Discussion Regarding A Resolution Rescinding Award Of Contract To Security Alliance And
Issue A New RFP.
(Requested by Mayor Bower)
ACTION: Discussion held. Resolution No. 2012-28050 adopted.
Motion 1: Motion made by Commissioner Góngora to rescind the RFP award with Security
Alliance; seconded by Commissioner Wolfson; Voice vote 6-0; Absent: Commissioner Tobin.
Raul Aguila and Patricia Walker to handle.
Motion 2: Motion by Commissioner Libbin; seconded by Commissioner Góngora, to have the
Police Department investigate all 16 companies involved and bring back findings to the City
Commission. Chief Police Martinez to handle.
RECOMMENDATIONS
Rescind RFP award with Security Alliance
MBPD to investigate all 16 companies involved and bring back findings to Commission
End
Kathie G. Brooks, Interim City Manager, explained that this item is to rescind the award that was
made earlier this year to Security Alliance, for which a contract has not been entered into, and her
recommendation is to issue a new RFP for security services.
Ms. Brooks announced the arrest of former Procurement Director, Gus Lopez, on Monday, and
reminded everyone that this investigation was initiated by the City, and she recognized the efforts
of two of the City’s detectives assigned to the State Attorney’s Office for their hard work, Rick
Arias and Neil Fagan. She explained that the charges centered on a consulting company that
was formed by Gus Lopez and his partner Pierre Landrin, whereby the company was allegedly
paid for providing competitive advantage in bidding City contracts, and included racketeering,
money laundering and unlawful compensation among others issues of corruption. It is important
to note that several of the companies that were listed have or continued to do business with the
City, but they have not been charged by the State Attorney's Office; which presents several
challenges to the City in moving forward. Security Alliance is one of the companies that was
listed. Since the City does not yet have a contract in place, the Administration recommends
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rebidding that contract. Investigation needs to continue to see what actions are appropriate and
they are working with the City Attorney’s Office.
Commissioner Libbin stated that this Commission should direct the Police Department to
investigate those companies that were on the JOC that already have contracts, just to make sure
that they did not knowingly participate. They should investigate those companies the State
Attorney has chosen not to prosecute, and if the City’s investigations prove otherwise, he would
immediately move to debar them.
Motion made by Commissioner Libbin for the City to investigate that the companies involved did
not participate in illegal activities; seconded by Commissioner Góngora.
Mayor Bower was reminded that the debarment ordinance states that a company or individual
must be convicted in order to debar, so either the debarment ordinance needs amendment, or
this Commission can adopt other measures to investigate, such as the lobbyist ordinance. There
are more options and this should be looked at in depth.
Jose Smith, City Attorney, made a public records request to the State Attorney’s Office to obtain
copies of statements and any and all evidence they have on the City’s contractors.
Discussion continued and Commissioner Libbin suggested referring the issue to the
Neighborhood/Community Affairs Committee.
Commissioner Wolfson stated that this is by far the most depressing thing he has seen happen
since he was elected, and rises to the highest level and gives distrust in government citywide and
also from bidders. He added that with respect to Security Alliance, he placed an item on the
Agenda several months ago where they got in trouble for doing the same thing in another county,
and he wanted to prevent the deal from being reissued.
Raul Aguila, Chief Deputy City Attorney, stated that debarment is an extraordinary remedy and
explained the process. He explained that if convicted, it is an automatic debarment; if not
convicted or accused by the State Attorney’s Office, Legal needs to look at to what extent can the
City deemed this as default.
Discussion continued.
Raul Aguila, Chief Deputy City Attorney, added that if the cases are heard before the Debarment
Committee, under extenuating circumstances the City could debar a contractor from future
contracts but allow them to complete an existing contract.
Discussion held.
Motion made by Commissioner Góngora to rescind the RFP award with Security Alliance;
seconded by Commissioner Wolfson; Voice vote 6-0; Absent: Commissioner Tobin. Raul Aguila
and Patricia Walker to handle.
Motion by Commissioner Libbin; seconded by Commissioner Góngora, to have the Police
Department investigate all 16 companies involved and bring back findings to the City
Commission. Chief Police Martinez to handle.
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New Item:
R9S Requesting An Explanation For Residents Regarding Ballot Amendment 4 And Explain Impact
On Voters.
(Requested by Vice-Mayor Exposito)
ACTION: Discussion held. Resolution No. 2012-28043 adopted. Motion made by Vice-Mayor
Exposito; seconded by Commissioner Libbin to adopt the resolution and transmit to the Florida
League of Cities; Voice-vote: 3-1; Opposed: Commissioner Wolfson. Absent: Commissioners
Góngora, Tobin and Weithorn. Rafael E. Granado to transmit a copy of the resolution to the
Florida League of Cities.
Kathie G. Brooks, Interim City Manager, introduced the item.
Discussion held.
Vice-Mayor Exposito requested that the electorate should be well informed about this amendment
so that they can make an informed choice.
Discussion continued.
Vice-Mayor Exposito read the resolution into the record and urged residents to consider carefully
the consequences of Amendment 4 before voting in the November 6, 2012 Special Election.
Handout or Reference Materials:
1. Resolution
R10 - City Attorney Reports
R10A City Attorney’s Status Report.
(City Attorney Office)
ACTION: Report included in the Agenda.
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, October 24, 2012, In The City
Manager’s Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To
Collective Bargaining.
ACTION: Closed Executive Session held.
Reports and Informational Items
Reports and Informational Items (see LTC 267-2012)
End of Regular Agenda
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Miami Beach Redevelopment Agency
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
October 24, 2012
Chairperson of the Board Matti Herrera Bower
Member of the Board Jorge Exposito
Member of the Board Michael Góngora
Member of the Board Jerry Libbin
Member of the Board Edward L. Tobin
Member of the Board Deede Weithorn
Member of the Board Jonah Wolfson
Executive Director Kathie G. Brooks
Assistant Director Jorge Gomez
General Counsel Jose Smith
Secretary Rafael E. Granado
AGENDA
1. NEW BUSINESS
3:20:46 p.m.
SUPPLEMENTAL MATERIAL: Memorandum & Resolution
A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment Agency
(RDA), Approving A Funding Contribution In An Amount Of $250,000 To Address The Relocation
Of The Kitchen Exhaust Venting System Installed By The Pennsylvania Avenue Garage Retail
Tenant, Penn 17, LLC. D/B/A Cooper Avenue; With Funding Available From Previously
Appropriated City Center RDA Capital Fund 365; And Further, Authorizing The Interim Executive
Director To Negotiate Terms Of An Agreement With Penn 17, LLC To Proceed In Redesigning,
Permitting And Constructing A Kitchen Exhaust Venting System That Discharges Away From The
Service Alley Located Between The New World Symphony Building And The Pennsylvania
Avenue Garage. Joint City Commission And Redevelopment Agency
(Real Estate, Housing & Community Development)
ACTION: Item heard in conjunction with Item R7L. Item referred to the Finance and Citywide
Projects Committee by acclamation. Patricia Walker to place on the committee agenda. Anna
Parekh to handle.
See action in R7L.
Meeting adjourned at 9:43:20 p.m.