20161019 AAAfter Action October 19, 2016 Commission Meeting City of Miami Beach
Page 1 of 116
Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
October 19, 2016 - 8:30 AM
Mayor Philip Levine
Commissioner John Elizabeth Alemán
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Kristen Rosen Gonzalez
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visit us at www.miamibeachfl.gov for agendas/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 Office of the City Clerk. Questions regarding the provisions of the Code
should be directed to the Office of the City Attorney.
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information on access for persons with disabilities, and/or any accommodation to review any
document or participate in any City-sponsored proceedings, call 305.604.2489 and select 1 for
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In order to ensure adequate public consideration, if necessary, the Mayor and City Commission
may move any agenda item to an alternate meeting date. In addition, the Mayor and City
Commission may, at their discretion, adjourn the Commission Meeting without reaching all agenda
items.
AFTER ACTION
Meeting called to order at 8:30:00 a.m.
8:58:20 a.m.
Inspirational Message given by Reverend Harold Thompson from the Miami Beach Community
Church.
Pledge of Allegiance led by William Talbert, III.
ADDENDUM MATERIAL 1:
C4 K, C4 L, R9 AN, R9 AO, and R9 AP
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 2 of 116
ADDENDUM MATERIAL 2:
C4 M
SUPPLEMENTAL MATERIAL 1:
R5 AC Additional Information & Revised Ordinance
R5 AD Memorandum & Ordinance
SUPPLEMENTAL MATERIAL 2:
R7 D Memorandum & Revised Attachment
R9 O Additional Information
City Clerk’s Note:
Pursuant to Ordinance 2015-3954, Sec. 2-12(3), addendum agenda items C4 K, C4 L, C4 M, R9
AN, R9 AO and R9 AP have been approved by Mayor Levine to be placed on the Commission
Agenda. No additional vote is required.
Sec. 2-12(3) Reads:
Addendum agenda items – Any item not included in the agenda submitted to the Mayor and City
Commission on the initial print day must be submitted by the City Clerk to the Mayor for a
determination whether the item is to be placed on the Agenda as an addendum item. If the Mayor
declines to place the item on the agenda as an addendum item, then the item shall be submitted to
the City Commission for a vote and the item shall only be considered at the City Commission
Meeting upon a finding by the City Commission, by a five-seventh (5/7 th ) affirmative vote.
9:00:38 a.m.
Rafael E. Granado, City Clerk, announced and read into the record, the following corrections,
notations, deferrals, withdrawals and separations to the Agenda:
CORRECTION:
On Item R5 AC, add: “result of the” before the word “relationship” in the first line at the top of the
last page of the Ordinance.
NOTATIONS:
The following item was pulled from the agenda because it has to go to the Finance and Citywide
Projects Committee first - Lease Agreement with Florida Food District Inc., 22 Washington. Item to be
heard on November 9, 2016.
City Clerk Granado added that Vice-Mayor Grieco has been added as a co-sponsor to Item R5 Z
and Item R5 AB.
DEFERRALS:
To the November 9, 2016 Commission Agenda
R5 Y, R7 K, R9 M, R9 S and R9 AC
To the October 26, 2016 Presentation & Awards Commission Agenda
R7 M
WITHDRAWALS:
C4 E and R9 AE withdrawn by Commissioner Alemán
C4 J withdrawn permanently by Commissioner Arriola
R9 K, R9 R and R9 Y withdrawn by the Administration
After Action October 19, 2016 Commission Meeting City of Miami Beach
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ITEMS OPENED AND CONTINUED:
To the October 26, 2016 Presentation & Awards Commission Agenda: R5 Z
To the November 9, 2016 Commission Agenda:
R5 C, R5 F, R5 Q, R7 A and R7 B
to the January 11, 2017 commission agenda:
R5 A and R5 B
SEPARATED ITEMS:
C4 A – Item Separated by Commissioner Malakoff.
C4 B – Item Separated by Vice-Mayor Grieco and Commissioner Rosen Gonzalez.
C4 C – Item Separated by Vice-Mayor Grieco.
C4 I – Item Separated by Vice-Mayor Grieco.
C4 L – Item Separated by Commissioner Malakoff.
CONSENT AGENDA
9:03:54 a.m.
Motion made by Commissioner Alemán; seconded by Commissioner Arriola to approve the Consent
Agenda, except for separated items. Voice-vote: 7-0.
C2 - Competitive Bid Reports
C2 A REQUEST FOR APPROVAL TO ISSUE REQUEST FOR PROPOSALS (RFP) NO. 2017-
006-AK PUBLIC SAFETY RADIO NETWORK.
EOC/Police/Fire/Procurement
ACTION: Request approved. Chuck Tear, Police Chief Daniel Oates, Fire Chief Virgilio
Fernandez and Alex Dennis to handle.
C2 B REQUEST FOR APPROVAL TO ISSUE REQUEST FOR PROPOSALS (RFP) NO. 2017-
004-KB FOR DESIGN/BUILD SERVICES FOR NEW PARKING GARAGE FACILITIES
AND RELATED INFRASTRUCTURE AT SURFACE PARKING LOTS P13 AND P16.
Capital Improvement Projects/Procurement
ACTION: Request approved. David Martinez and Alex Dennis to handle.
C2 C REQUEST FOR APPROVAL TO ISSUE REQUEST FOR QUALIFICATIONS (RFQ) NO.
2017-003-KB FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR
INFRASTRUCTURE IMPROVEMENTS ON 1ST (ALTON ROAD TO WASHINGTON
AVENUE).
Public Works/Procurement
ACTION: Request approved. Eric Carpenter and Alex Dennis to handle.
After Action October 19, 2016 Commission Meeting City of Miami Beach
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C2 D REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION
TO BID (ITB) NO. 2016-225-KB SIDEWALK ASSESSMENT.
Public Works/Procurement
ACTION: Request approved. Eric Carpenter and Alex Dennis to handle.
C4 - Commission Committee Assignments
9:06:32 a.m.
C4 A REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO DISCUSS
FUTURE USES OR THE POTENTIAL SALE OF VACANT CITY-OW NED LAND
LOCATED AT 226 87TH TERRACE.
Vice-Mayor Michael Grieco
Deferred from September 14, 2016 - C4 A
ACTION: Item referred. Item separated by Commissioner Malakoff. Motion made by Vice-
Mayor Grieco to refer to the Finance and Citywide Projects Committee; seconded by
Commissioner Alemán. Allison Williams to place on the Committee Agenda. Mark
Milisits to handle.
Clerk’s Note: See also item C4 M.
REFERRAL:
Staff directed to order an appraisal of the parcel at 226 87 th Terrace and discuss at the
Finance & Citywide Projects Committee.
Commissioner Malakoff stated that she had no further need to separate item C4 M, as she
has placed item C4 M on the agenda, which refers to the Land Use and Development
Committee and the Planning Board a discussion regarding proposed development of the
block of land bounded by Collins Avenue on the east, 87 th Street on the South, Harding
Avenue on the west, and 87 th Terrace on the north, and associated legislative changes.
Commissioner Rosen Gonzalez added that if they are going to sell or develop this land, it
should go out to bid to be fair.
Mayor Levine suggested discussing it at Finance & Citywide Projects Committee.
Commissioner Alemán requested to direct staff to do an appraisal of the property in
advance of the discussion at Finance.
There was consensus to do the appraisal and City Manager Morales added that there was
an appraisal done years ago.
Motion made by Vice-Mayor Grieco to refer the item to the Finance and Citywide Projects
Committee, with direction to staff to order an appraisal of the parcel, and discuss at
Finance and Citywide Projects Committee.
Handout or Reference Materials:
1. Email from Commissioner Joy Malakoff dated October 18, 2016 RE: Referral to Land Use and
Development Committee and Planning Board on Item C4 A.
2. Email from Commissioner Joy Malakoff dated October 18, 2016 RE: Consent Agenda, Item C4
A.
After Action October 19, 2016 Commission Meeting City of Miami Beach
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9:04:10 a.m.
C4 B REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE-
DISCUSSION REGARDING BUS SURVEY RESULTS TO IDENTIFY
TRANSPORTATION NEEDS OF PUBLIC SCHOOL CHILDREN WITHIN TWO-MILE
LIMIT OF HOME SCHOOL.
Organizational Development Performance Initiatives / Transportation
Commissioner John Elizabeth Alemán
ACTION: Dual referral to the Finance and Citywide Projects Committee and the
Transportation, Parking, Bicycle-Pedestrian Facilities Committee. Heard in conjunction
with Items C4 C and C4 I. Item separated by Vice-Mayor Grieco and Commissioner Rosen
Gonzalez. Motion made by Vice-Mayor Grieco to refer to both the Finance & Citywide
Projects Committee and the Transportation, Parking, Bicycle-Pedestrian Facilities
Committee; seconded by Commissioner Alemán. Voice vote: 7-0. Allison Williams and
Saul Frances to place on the Committees Agendas. Dr. Leslie Rosenfeld and Jose
Gonzalez to handle.
REFERRAL:
Dual referral to the Finance and Citywide Projects Committee and the Transportation,
Parking, Bicycle-Pedestrian Facilities Committee.
Vice-Mayor Grieco separated the item, as well as all other transportation related items (C4
C and C4 I), in order to refer them to the Transportation, Parking, Bicycle-Pedestrian
Facilities Committee as well.
Commissioner Rosen Gonzalez explained that she separated the item in order to
commend Commissioner Alemán for her efforts and to bring awareness to the issue of
school transportation. She stated that there are parents across the County who suffer
because the School Board is underfunded in terms of bus services. She is in support of
this item. Additionally, she spoke to the School Board Superintendent Alberto Carvalho,
who explained that they only receive $60 million for transportation, so there is no funding.
9:04:10 a.m.
C4 C REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO DISCUSS
THE ISSUE OF PARKING AT BISCAYNE BEACH AS RECOMMENDED BY THE
NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE.
Parking
Commissioner Kristen Rosen Gonzalez
ACTION: Dual referral to the Transportation, Parking, Bicycle-Pedestrian Facilities
Committee and the Finance and Citywide Projects Committee. Heard in conjunction with
Item C4 B. Item separated by Vice-Mayor Grieco. Motion made by Vice-Mayor Grieco to
refer to both Committees; seconded by Commissioner Alemán. Voice vote: 7-0. Allison
Williams and Saul Frances to place on the Committees Agendas. Saul Frances to
handle.
After Action October 19, 2016 Commission Meeting City of Miami Beach
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C4 D REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO DISCUSS
OPTIONS ON MOVING FORWARD WITH THE DESIGN AND CONSTRUCTION OF THE
LINCOLN ROAD DISTRICT REDEVELOPMENT PROJECT.
Capital Improvement Projects
ACTION: Item referred. Allison Williams to place on the Committee Agenda. David
Martinez to handle.
C4 E REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE TO CONSIDER
THE DEVELOPMENTAL REGULATIONS FOR THE GILBERT FEIN NEIGHBORHOOD
CONSERVATION DISTRICT.
Commissioner John Elizabeth Alemán
ACTION: Item withdrawn.
C4 F REFERRAL TO THE SUSTAINABILITY AND RESILIENCY COMMITTEE TO CONSIDER
A MOTION BY THE SUSTAINABILITY COMMITTEE TO ELIMINATE THE USE OF
BARE/UNENCAPSULATED POLYSTYRENE IN PRIVATE AND PUBLIC WATERS IN
THE CITY OF MIAMI BEACH.
Commissioner John Elizabeth Alemán
and Co-Sponsored by Commissioner Rosen Gonzalez
ACTION: Item referred. See comments with Item R9 AF. Elizabeth Wheaton to place on
the Committee Agenda and to handle.
C4 G REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE-
DISCUSSION OF A MEMORIAL OR MARKER IN MEMORY OF ALFREDO GONZALEZ,
SR.
Commissioner Joy Malakoff
ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda. Jose
Gonzalez to handle.
C4 H REFERRAL TO NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE REGARDING
THE CITY'S USE OF HOST COMPLIANCE SERVICES.
Commissioner Kristen Rosen Gonzalez
ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda. Hernan
Cardeno to handle.
After Action October 19, 2016 Commission Meeting City of Miami Beach
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9:04:10 a.m.
C4 I REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE
REGARDING PAINTED BIKE LANES.
Commissioner Kristen Rosen Gonzalez
ACTION: Dual referral to the Neighborhood/Community Affairs Committee and the
Transportation, Parking, Bicycle-Pedestrian Facilities Committee. Heard in conjunction
with Item C4 B. Item separated by Vice-Mayor Grieco. Motion made by Vice-Mayor Grieco
to refer to both Committees; seconded by Commissioner Alemán. Voice vote: 7-0. Morgan
Goldberg and Saul Frances to place on the Committee Agendas. Jose Gonzalez to
handle.
C4 J REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO DISCUSS
A REQUEST FROM THE MIAMI NEW DRAMA ABOUT OBTAINING A PARKING
SUBSIDY FROM THE CITY.
Commissioner Ricky Arriola
ACTION: Item withdrawn permanently by Commissioner Arriola.
ADDENDUM MATERIAL 1
C4 K REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE
DISCUSSION REGARDING THE CO-NAMING OF 14TH STREET IN MEMORY OF
FAMED PHOTOGRAPHER ANDY SWEET.
Commissioner Joy Malakoff
Addendum added on 10/1712016
ACTION: Item referred. See also discussion with Item R5 X. Morgan Goldberg to place
on the Committee Agenda. Office of the City Attorney and Jose Gonzalez to handle.
9:08:25 a.m.
ADDENDUM MATERIAL 1
C4 L REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE AND THE
PLANNING BOARD TO DISCUSS AMENDING THE MAXIMUM PERMITTED HEIGHT
AND NUMBER OF STORIES FOR SITES WITH EXISTING NONCONFORMING
BUILDINGS IN THE CD-2 DISTRICT.
Commissioner Ricky Arriola
Co-Sponsored by Vice-Mayor Michael Grieco & Commissioner John Elizabeth Alemán
Addendum added on 10/17/2016
ACTION: Item referred. Item separated by Commissioner Malakoff. Motion made by Vice-
Mayor Grieco; seconded by Commissioner Arriola to move the item as is; Voice-vote: 7-0.
Thomas Mooney to place on the Committee and Board Agendas and to handle.
Commissioner Malakoff believes that this item should be discussed at the Land Use and
Development Committee first and then at the Planning Board, instead of a dual referral.
What they are considering is when there is a nonconforming building with height that no
longer would be approved, and moving that height to another building on the same but
wider property, and the footprint of the building is three or four times the footprint of the
building that has the nonconformity, so she thinks this should be discussed at the Land
Use and Development Committee first.
After Action October 19, 2016 Commission Meeting City of Miami Beach
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Commissioner Arriola asked for the schedule of the Committee and Board meetings, and
explained that he does not see the harm in doing a dual referral.
Vice-Mayor Grieco asked if there is enough time to advertise and Eve Boutsis answered
that a 30-day notice is required. If the item is referred, the Land Use and Development
Committee will address it before the Planning Board.
No further discussion.
ADDENDUM MATERIAL 2
C4 M REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE AND TO THE
PLANNING BOARD - DISCUSSION REGARDING PROPOSED DEVELOPMENT OF THE
BLOCK OF LAND BOUNDED BY COLLINS AVENUE ON THE EAST, 87TH STREET ON
THE SOUTH, HARDING AVENUE ON THE WEST, AND 87TH TERRACE ON THE
NORTH, AND ASSOCIATED LEGISLATIVE CHANGES.
Commissioner Joy Malakoff
Co-Sponsored by Commissioner Ricky Arriola
Addendum added on 10/18/2016
ACTION: Item referred. Thomas Mooney to place on the Committee and Board
Agendas. Mark Milisits to handle.
Clerk’s Note: See also Item C4 A.
C6 - Commission Committee Reports
C6 A REPORT OF THE SEPTEMBER 16, 2016 NEIGHBORHOOD/COMMUNITY AFFAIRS
COMMITTEE MEETING. 1. UPDATE ON MUSS PARK PAVILION. 2. DISCUSSION
REGARDING PROPOSED SITE OPTIONS FOR NEW FIRE STATION NO. 1. 3.
DISCUSSION REGARDING THE POSSIBLE ADDITION OF A SKATE PARK IN NORTH
SHORE OPEN SPACE PARK. 4. TRAFFIC MANAGEMENT ALTERNATIVES
DISCUSSED AT THE FEBRUARY 24, 2016 COMMISSION WORKSHOP ON TRAFFIC
MANAGEMENT-CORRIDOR OPTIMIZATION FOR TRAFFIC SIGNALS ALONG
HARDING AVENUE/ABBOTT AVENUE/INDIAN CREEK DRIVE. 5. DISCUSSION ON
THE CONDITION OF MIAMI BEACH SIDEWALKS. 6. DISCUSSION TO CONSIDER
CHARGING NON-MIAMI BEACH RESIDENTS FOR TROLLEY USE. 7. DISCUSSION
ON THE INSTALLATION OF SUNSCREEN DISPENSERS IN ALL PARKS AND POOLS
WHERE CHILDREN PROGRAMS ARE MANAGED BY THE CITY. 8. DISCUSSION
REGARDING THE CREATION OF A STATUE OF MUHAMMAD ALI TO BE PLACED
EITHER IN THE NEW MIAMI BEACH CONVENTION CENTER (MBCC) PARK OR
INSIDE THE RENOVATED MBCC. 9. DISCUSSION REGARDING CREATING AN
"ADOPT-A BENCH PROGRAM," SIMILAR TO THE CENTRAL PARK MODEL, WHERE
ACROSS THE CITY PEOPLE CAN BUY AND NAME BENCHES AS A WAY TO
FINANCE THE BEAUTIFICATION OF PARKS AND OTHER EXTRAS. 10. DISCUSSION
REGARDING THE TEMPORARY RELOCATION OF MAURICE GIBB PLAYGROUND.
11. DISCUSSION REGARDING KAYAK LAUNCHES ON SEAWALLS. 12. MONTHLY
CRIME UPDATE. 13 . DISCUSSION TO CONSIDER STEPS TO BE TAKEN TO SAVE
THE SOUTH BEACH LOCAL. 14. DISCUSSION TO CONSIDER PARTNERING WITH
THE NATIONAL NONPROFIT COMMON THREADS, TEACHING CHILDREN,
FAMILIES, AND TEACHERS TO COOK FOR A HEALTHIER LIFE. 15. DISCUSSION ON
After Action October 19, 2016 Commission Meeting City of Miami Beach
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THE STATUS AND POSSIBLE EXPANSION OF THE BIG BELLY PILOT PROGRAM. 16.
DISCUSSION AND UPDATE ON NORMANDY POOL. 17. PARKING AT BISCAYNE
BEACH.
Office of the City Manager
ACTION:
1. Update On Muss Park Pavilion.
NO ACTION TAKEN
2. Proposed Site Options For New Fire Station No. 1.
MOTION: Commissioner Steinberg moved for this to go to commission without a
recommendation. Commissioner Rosen Gonzalez seconded. All in favor.
3. Possible Addition Of A Skate Park In North Shore Open Space Park.
DIRECTION: Defer to October 21, 2016 NCAC Meeting
4. Traffic Management Alternatives/Traffic Signals -Harding /Abbott Avenue/Indian Creek
Dr.
NO ACTION TAKEN
5. Discussion On The Condition Of Miami Beach Sidewalks.
NO ACTION TAKEN
6. Discussion To Consider Charging Non-Miami Beach Residents For Trolley Use.
NO ACTION TAKEN
7. Installation Of Sunscreen Dispensers In Parks & Pools.
NO ACTION TAKEN
8. Creation Of Statue Of Muhammad Ali – MBCC.
VOTE OF ACCLAMATION FOR THIS TO GO BACK TO THE FULL COMMISSION
AND THEN REFERRED TO THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE
9. Creating An "Adopt-A Bench Program."
MOTION: Commissioner Rosen Gonzalez moved for this to go back to commission
with a positive recommendation. Vice-Mayor Grieco seconded. Commissioner
Steinberg voted no.
10. Discussion Regarding The Temporary Relocation Of Maurice Gibb Playground.
DIRECTION: Defer to October 21, 2016 NCAC Meeting.
11 .Discussion Regarding Kayak Launches On Seawalls.
DIRECTION : Defer to October 21, 2016 NCAC Meeting
12. Monthly Crime Update.
Report presented.
13. Discussion To Consider Steps To Be Taken To Save The South Beach Local.
VOTE OF ACCLAMATION TO MOVE THIS BACK TO THE FULL COMMISSION
City Clerk’s Note: See Item R9 AB
After Action October 19, 2016 Commission Meeting City of Miami Beach
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14. Partnering w/ National Nonprofit Common Threads, Teaching Children, Families, &
Teachers To Cook For A Healthier Life.
DIRECTION : Come back to October 21, 2016 NCAC Meeting with an update
15. Discussion On The Status And Possible Expansion Of The Big Belly Pilot Program.
DIRECTION: Defer to October 21, 2016 NCAC Meeting
16. Discussion And Update On Normandy Pool.
DIRECTION: Defer to October 21, 2016 NCAC Meeting
17. Parking At Biscayne Beach.
VOTE OF ACCLAMATION TO MOVE THIS TO COMMISSION AND THEN BE
REFERRED TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE
C6 B REPORT OF THE SEPTEMBER 21, 2016 LAND USE AND DEVELOPMENT
COMMITTEE. 1. DISCUSSION REGARDING AMENDING CHAPTER 142 TO PROHIBIT
PACKAGE STORES IN THE CD-2 DISTRICT ADJOINING THE MXE DISTRICT, AND
ESTABLISHING A MINIMUM DISTANCE SEPARATION FOR PACKAGE STORES. 2.
AMENDMENT TO SEC. 118-394 OF THE CITY CODE TO EXPAND AND BETTER
DEFINE THE DISCONTINUANCE PROCEDURES FOR LEGAL NON-CONFORMING
USES. 3. DISCUSSION REGARDING INCENTIVIZING THE RETENTION, RAISING
AND/OR RELOCATION OF HISTORIC/ARCHITECTURALLY SIGNIFICANT SINGLE
FAMILY HOMES (SFH). 4. UPDATE ON THE TRANSIT HUB ON THE 500 BLOCK OF
ALTON ROAD. 5. DISCUSSION REGARDING EXPLORING LIMITING PACKAGE
STORE ALCOHOL SALES TO NO EARLIER THAN 10:00 A.M., AS RECOMMENDED BY
THE MIAMI BEACH HOMELESS COMMITTEE. 6. DISCUSSION REGARDING AN
AMENDMENT TO THE WEST AVENUE OVERLAY TO REMOVE THE CURRENT
ALLOWANCE FOR BED AND BREAKFAST AND SUITE HOTEL USES. 7. CMB
PREPARATIONS FOR LIKELY PASSAGE OF STATE MEDICAL MARIJUANA
CONSTITUTIONAL AMENDMENT. 8. DISCUSSION PERTAINING TO DEVELOPMENT
REGULATIONS AND GUIDELINES FOR NEW CONSTRUCTION IN THE PALM VIEW
HISTORIC DISTRICT TO ADDRESS RESILIENCY, SUSTAINABILITY AND
ADAPTATION. 9. PROPOSED MIAMI BEACH MARINA REDEVELOPMENT AND
ASSOCIATED LEGISLATIVE CHANGES. 10. DISCUSSION REGARDING THE
RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE
TO ESTABLISH MORE AGGRESSIVE REQUIREMENTS FOR EMPLOYEE
TRANSPORTATION PLANS. 11. DISCUSSION REGARDING POTENTIAL ORDINANCE
AMENDMENT ADDRESSING FURTHER RESTRICTIONS ON ILLEGAL SHORT TERM
RENTALS IN SUITE- AND CONDO-HOTELS. 12. DISCUSSION REGARDING
RESCINDING THE NOISE ORDINANCE EXEMPTION FOR OCEAN FACING CAFES IN
THE MXE DISTRICT. 13. DISCUSSION REGARDING A PROHIBITION ON THE
OPENING OF ANY NEW OPEN AIR ALCOHOL ENTERTAINMENT ESTABLISHMENTS
AND PACKAGE STORES IN THE MXE DISTRICT OF OCEAN DRIVE. 14. DISCUSSION
REGARDING AN AMENDMENT TO CHAPTER 6, ENTITLED "ALCOHOLIC
BEVERAGES," TO PRECLUDE ANY NEW ENTERTAINMENT ESTABLISHMENT IN
THE CITY FROM OPERATING LATER THAN 2:00 A.M. 15. AN ORDINANCE OF THE
MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY
OF MIAMI BEACH, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE III, "AMENDMENT PROCEDURE," TO REQUIRE A 617TH
VOTE OF THE CITY COMMISSION TO INCREASE THE MAXIMUM ZONED BUILDING
HEIGHT IN ANY ZONING DISTRICT BY MORE THAN FEET, EXCEPT FOR HEIGHT
After Action October 19, 2016 Commission Meeting City of Miami Beach
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REGULATION EXCEPTIONS SET FORTH IN CITY CODE SECTION 142-1161, AND TO
REQUIRE A 6/7TH VOTE OF THE CITY COMMISSION TO AMEND OR REPEAL THIS
ORDINANCE; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE. 16. DISCUSSION REGARDING A REZONING FOR THE 6800
BLOCK OF INDIAN CREEK DRIVE FROM RM-1 TO TC-3. 17. DISCUSSION
REGARDING AN ORDINANCE AMENDMENT TO CURB THE PROLIFERATION OF
FORMULA RETAIL ESTABLISHMENTS. 18. DISCUSSION ON AN AMENDMENT TO
THE CITY CODE TO ADDRESS THE ALLOWANCE OF 'ENTERTAINMENT' IN NON-
ALCOHOLIC BEVERAGE USES AND ESTABLISHMENTS. 19. DISCUSSION ON
AMENDMENTS TO THE CITY CODE TO ADDRESS THE FOLLOWING AS IT RELATES
TO THE SALE OF ALCOHOLIC BEVERAGES: A THE APPEARANCE OF PACKAGE
STORES, INCLUDING GLASS STOREFRONT DISPLAYS, WHEN VIEWED FROM THE
SIDEWALK; B. AN INCREASE IN THE MINIMUM DISTANCE SEPARATION FOR
PACKAGE STORES CITY WIDE; C. ESTABLISHING REGULATIONS FOR AN
ALLOWABLE PERCENTAGE OF BEER & WINE SALES IN DRUG STORES, RETAIL
STORES, MARKETS, GAS STATIONS, CONVENIENCE STORES, AND SIMILAR
VENUES.
Planning
ACTION:
1. Amending Chapter 142/Prohibit Package Stores In The CD-2 District Adjoining The
MXE District, And Establishing A Minimum Distance Separation For Package Stores.
MOTION: MG/JA (3-0)
Recommend that the City Commission adopt the pending Ordinance pertaining to the
prohibition of package stores in the MXE district at Second Reading.
2. Amendment To Sec. 118-394 Of The Code To Expand/ Define The Discontinuance
Procedures For Legal Non-Conforming Uses.
MOTION: Continued to October 26, 2016 by Acclamation.
3. Incentivizing The Retention, Raising &/Or Relocation Of Historic/Architecturally
Significant Single Family Homes (SFH).
MOTION: Continued to October 26, 2016 by Acclamation.
4. Update On The Transit Hub On The 500 Block Of Alton Road.
MOTION: Continued to December 12, 2016 by Acclamation.
5. Exploring Limiting Package Store Alcohol Sales To No Earlier Than 10:00 A.M., As
Recommended By The Miami Beach Homeless Committee.
MOTION: MG/JM (2-1)
Recommend in favor of the Ordinance and that it be sent to the City Commission for
First Reading.
City Clerk’s Note: See Item R5 AB
6. Discussion Regarding An Amendment To The West Avenue Overlay To Remove The
Current Allowance For Bed And Breakfast And Suite Hotel Uses.
MOTION: Continued to October 26, 2016 by Acclamation.
7. CMB Preparations For Likely Passage Of State Medical Marijuana Constitutional
Amendment.
MOTION: Continued to October 26, 2016 by Acclamation.
After Action October 19, 2016 Commission Meeting City of Miami Beach
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8. Development Regulations/Guidelines For New Construction In Palm View Historic
District To Address Resiliency, Sustainability And Adaptation.
MOTION: Continued to November 16, 2016 by Acclamation.
9. Proposed Miami Beach Marina Redevelopment And Associated Legislative Changes.
MOTION: Continued to December 12, 2016 by Acclamation.
10. Discussion Regarding The Recommendation Of The Neighborhood/Community Affairs
Committee To Establish More Aggressive Requirements For Employee Transportation
Plans.
MOTION: Continued to October 26, 2016 by Acclamation.
11. Potential Ordinance Amendment Addressing Further Restrictions On Illegal Short
Term Rentals In Suite-And Condo-Hotels.
MOTION: No further action.
12. Rescinding Noise Ordinance Exemption For Ocean Facing Cafes In The MXE District.
MOTION: Continued to October 26, 2016 by Acclamation.
13. Discussion Regarding A Prohibition On The Opening Of Any New Open Air Alcohol
Entertainment Establishments And Package Stores In The MXE District Of Ocean
Drive.
MOTION: Continued to October 26, 2016 by Acclamation.
14. Discussion Regarding An Amendment To Chapter 6, Entitled "Alcoholic Beverages,"
To Preclude Any New Entertainment Establishment In The City From Operating Later
Than 2:00 A.M.
The item was withdrawn by the sponsor.
15. An Ordinance Amending The LDR Of The Code, By Amending Chapter 118,
"Administration And Review Procedures," Article III, "Amendment Procedure," To
Require A 6/7th Vote Of The City Commission To Increase The Maximum Zoned
Building Height In Any Zoning District By More Than Feet, Except For Height
Regulation Exceptions Set Forth In City Code Section 142-1161, And To Require A
6/7 th Vote Of The City Commission To Amend Or Repeal This Ordinance; Providing
For Repealer; Severability; Codification; And An Effective Date.
MOTION: Continued to October 26, 2016 by Acclamation.
16. Discussion Regarding A Rezoning For The 6800 Block Of Indian Creek Drive From
RM-1 To TC-3.
MOTION: JA/MG (3-0)
Recommend in favor of the proposed comprehensive plan amendment and LDR
amendment, including required map amendments, at the Planning Board.
17. Discussion Regarding An Ordinance Amendment To Curb The Proliferation Of
Formula Retail Establishments.
MOTION: Continued to October 26, 2016 by Acclamation.
18. Discussion On An Amendment To The City Code To Address The Allowance Of
'Entertainment' In Non-Alcoholic Beverage Uses And Establishments.
MOTION: Continued to October 26, 2016 by Acclamation.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 13 of 116
19. Discussion On Amendments To The City Code To Address The Following As It
Relates To The Sale Of Alcoholic Beverages: A The Appearance Of Package Stores,
Including Glass Storefront Displays, When Viewed From The Sidewalk; B. An Increase
In The Minimum Distance Separation For Package Stores City Wide; C. Establishing
Regulations For An Allowable Percentage Of Beer & W ine Sales In Drug Stores, Retail
Stores, Markets, Gas Stations, Convenience Stores, And Similar Venues.
MOTION: Motion that sub-items a and b be continued to November 16, 2016, to
address the direction provided above, by Acclamation.
C6 C REPORT OF THE SEPTEMBER 30, 2016 FINANCE AND CITYWIDE PROJECTS
COMMITTEE: 1. DISCUSSION REGARDING A CITY EMPLOYEE HEALTHY
CAFETERIA (MAY 11, 2016 COMMISSION ITEM R9 T). 2. DISCUSSION TO WORK
WITH MIAMI-DADE COUNTY PUBLIC SCHOOLS (MDCPS) TO ASSESS THE
VIABILITY AND INTEREST IN A CITY OF MIAMI BEACH SCHOOL BUS SERVICE
WITHIN THE 2-MILE BOUNDARY OF SCHOOL BUS SERVICE PROVIDED BY MDCPS
(MAY 11, 2016 COMMISSION ITEM C4 K). 3. DISCUSSION TO PROVIDE MORE
HANDICAP PARKING IN THE PUBLIC PARKING LOT AT ALLISON PARK FOR
SABRINA COHEN FOUNDATION'S ADAPTIVE BEACH DAYS TWO SATURDAY'S PER
MONTH (JULY 20, 2016 COMMISSION ITEM C4 C). 4. DISCUSSION TO SET A PUBLIC
HEARING TO APPROVE THE VACATION OF ATLANTIC WAY BETWEEN 76TH
STREET AND 77TH STREET. (JULY 13, 2016 COMMISSION ITEM R7 J). 5.
DISCUSSION TO REMOVE CHEROKEE OUT OF THE TABLE AND LOOK AT THE
OVERALL STUDY OF STREET ENDS AND COME UP WITH AN EVALUATION TO
RECONSIDER SEAWALL IN LAKEVIEW NEIGHBORHOOD. (JULY 13, 2016
COMMISSION ITEM R9 G). 6. DISCUSSION REGARDING SIDEWALK CAFE
ORDINANCE CHANGE (JULY 13, 2016 AND SEPTEMBER 14, 2016 COMMISSION
ITEM C4 B). 7. DISCUSSION REGARDING WHETHER OR NOT TO PURSUE FOOD
AND BEVERAGE CONCESSIONS FOR SOUNDSCAPE PARK, COLLINS PARK, AND
THE MIAMI BEACH BOTANICAL GARDEN (MAY 21, 2014 COMMISSION ITEM C4 C)
(CONTINUED FROM MAY 20, 2016 FCWPC MEETING). 8. DISCUSSION TO
CONSIDER THE CLOSED CAPTIONING FOR THE HEARING IMPAIRED OF THE
CITY'S VIDEO-RECORDED MEETINGS AND EVENTS (APRIL 13, 2016 COMMISSION
ITEM R9 M) (CONTINUED FROM APRIL 22, 2016 FCWPC MEETING). 9. DISCUSSION
REGARDING THE EXCHANGE OF PROPERTY WITH THE OWNER OF 5860 NORTH
BAY ROAD IN ORDER TO RESOLVE THE EXISTING BOUNDARY LINES, AND THE
LOCATION OF A FUTURE CITY PUMP STATION AND SEWER LINE (JUNE 8, 2016
COMMISSION ITEM C4 F). 10. DISCUSSION REGARDING ADVERTISING
OPPORTUNITIES WITHIN MUNICIPAL PARKING GARAGES AND NOT VISIBLE FROM
THE RIGHT-OF-WAY (MAY 11, 2016 COMMISSION ITEM C4 B). 11. A. DISCUSSION
REGARDING 300 ALTON ROAD (MAY 11, 2016 COMMISSION ITEM C4 D) B.
DISCUSSION REGARDING PROPOSED MIAMI BEACH MARINA DEVELOPMENT
AGREEMENT (MAY 11, 2016 COMMISSION ITEM R9 J). 12. DISCUSSION
REGARDING A COMPETITION SWIMMING POOL (APRIL 27, 2016 COMMISSION ITEM
R9 E). 13. DISCUSSION REGARDING PROPOSED INTERCEPTOR GARAGE AT 1623
WEST AVENUE (LOT NO. P23). (SEPTEMBER 27, 2016 COMMISSION ITEM R9 E)
(CONTINUED FROM SEPTEMBER 14, 2016 COMMISSION ITEM R9 AA).
Finance
ACTION:
1. City Employee Healthy Cafeteria.
ACTION: The Committee recommended to move forward with a lease for Taste
Bakery and to conduct a survey of City Hall employees’ interest before signing a lease.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 14 of 116
The Permit Doctor’s lease will be adjusted for only the space they are occupying and
the City will help in finding additional office space at a City owned property.
2. Work With MDCPS To Assess The Viability & Interest In CMB School Bus Service.
ACTION: The Committee directed staff to keep the survey open for another week or
two and make a push on social media for more responses. The analyzed results are to
be sent to the Committee members before the next meeting in order to prepare to
make a recommendation at the next Finance and Citywide Projects Committee
meeting.
3. Provide More Handicap Parking At Allison Park For Sabrina Cohen Foundation's
Adaptive Beach Days Two Saturday's Per Month.
ACTION: The Committee recommended to move to Commission full support of the
pilot program for handicap parking.
4. Set A Public Hearing To Approve Vacation Of Atlantic Way Between 76 th & 77 th Streets.
ACTION: The Committee recommended to move this item to Commission for the
public hearing.
City Clerk’s Note: See Item R7 C.
5. Remove Cherokee Out Of The Table/Look At The Overall Study Of Street Ends And
Come Up With An Evaluation To Reconsider Seawall In Lakeview Neighborhood.
ACTION: The Committee directed staff to identify possible design concepts that are an
economical solution for adaptable seawalls that’s not kayak launching and take those
ideas to the Marine Waterfront Protection Committee before returning to Commission.
6. Discussion Regarding Sidewalk Café Ordinance Change.
ACTION: The Committee recommended changing the Ordinance to remove the
exemption of allowing partial payment to all funds being due upfront. Staff was directed
to bring back a draft Ordinance to the Commission reflecting the change.
7. Pursue Food & Beverage Concessions/Soundscape Park, Collins Park, & The Miami
Beach Botanical Garden.
ACTION: Item deferred.
8. Consider The Closed Captioning For The Hearing Impaired Of The City's Video-
Recorded Meetings And Events.
ACTION: The Committee recommended not moving forward with this item due to there
not being an available funding source.
9. Exchange Of Property - Owner Of 5860 North Bay Rd To Resolve Existing Boundary
Lines, & Location Of Future City Pump Station And Sewer Line.
ACTION: The Committee recommended moving forward with getting an appraisal on
the property and bringing this item back to the Finance Committee once the appraisal
and resolution are done.
10. Advertising Opportunities Within Municipal Parking Garages And Not Visible From The
Right-Of-Way.
ACTION: The Committee directed staff to talk to any potential partners that are willing
to make this an economically interesting opportunity for the City and to get clarification
on figures from Miami Parking Authority’s existing partnership.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 15 of 116
11. A. 300 Alton Road; B. Proposed Miami Beach Marina Development Agreement
ACTION: The Committee withdrew this item.
12. Discussion Regarding A Competition Swimming Pool.
ACTION: The Committee withdrew this item.
13. Proposed Interceptor Garage At 1623 West Avenue (Lot No. P23).
ACTION: The Committee directed staff to bring back to the Finance Committee
change order pricing that modifies the design criteria package. That figure is to be
presented to the developer and a request made for the developer to pay for the design
package.
C7 – Resolutions
C7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ELECTING COMMISSIONER JOY MALAKOFF, GROUP III, AS
VICE-MAYOR, FOR A TERM COMMENCING ON NOVEMBER 1, 2016 AND
TERMINATING ON FEBRUARY 28, 2017.
Office of the City Clerk
ACTION: Resolution 2016-29591 adopted. Rafael E. Granado to handle.
C7 B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE CITY TO JOIN THE RENEWPACE PROGRAM
AS PART OF THE PROPERTY ASSESSED CLEAN ENERGY PROGRAM IN
ACCORDANCE WITH SECTION 163.08, FLORIDA STATUTES; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A NONEXCLUSIVE MEMBERSHIP AGREEMENT
BETWEEN THE CITY AND THE FLORIDA GREEN FINANCE AUTHORITY FOR
ADMINISTRATION OF THE RENEWPACE PROGRAM, IN SUBSTANTIALLY THE
FORM ATTACHED HERETO AS EXHIBIT "A."
Environment and Sustainability
ACTION: Resolution 2016-29592 adopted. Elizabeth Wheaton to handle.
C7 C A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AMENDMENT NO. 5 TO THE AGREEMENT, DATED OCTOBER 10,
2014, BETWEEN THE CITY OF MIAMI BEACH AND TYLER TECHNOLOGIES, INC.,
FOR THE REPLACEMENT OF THE CITY'S ENTERPRISE RESOURCE PLANNING
(ERP) SYSTEM, TO REALLOCATE UNUSED DATA CONVERSION FUNDS IN THE
PROJECT BUDGET AND SCOPE INTO MUNIS IMPLEMENTATION FUNDS.
Information Technology
ACTION: Resolution 2016-29593 adopted. Ariel Sosa to handle.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 16 of 116
C7 D A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE FLORIDA
DEPARTMENT OF LAW ENFORCEMENT TO INVESTIGATE THE SHOOTING OF ANY
PERSON BY A MIAMI BEACH POLICE DEPARTMENT LAW ENFORCEMENT OFFICER
ACTING IN THE LINE OF DUTY OR THE DEATH OF AN ARRESTED PERSON WHILE
IN THE CARE, CUSTODY OR CONTROL OF A MIAMI BEACH POLICE DEPARTMENT
LAW ENFORCEMENT OFFICER, IN ANY CASE IN WHICH A MIAMI-DADE POLICE
DEPARTMENT LAW ENFORCEMENT OFFICER IS ALSO INVOLVED IN THE
INCIDENT OR OPERATION THAT LED TO SUCH EVENT.
Police
ACTION: Resolution 2016-29594 adopted. Chief Daniel Oates to handle.
C7 E A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE A VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT WITH THE TOWN OF GOLDEN BEACH, FLORIDA, FOR
THE PURPOSE OF COORDINATING LAW ENFORCEMENT PLANNING,
OPERATIONS, AND MUTUAL AID BENEFIT BETWEEN THE CITY OF MIAMI BEACH,
FLORIDA AND THE TOWN OF GOLDEN BEACH, FLORIDA.
Police
ACTION: Resolution 2016-29595 adopted. Chief Daniel Oates to handle.
C7 F A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE CITY OF MIAMI BEACH, ON BEHALF OF THE
MIAMI BEACH POLICE DEPARTMENT, TO MAKE A DONATION OF TWO (2) 2008
FORD CROWN VICTORIA MOTOR VEHICLES, WITH AN APPROXIMATE MAXIMUM
COMBINED VALUE OF $4,000, WHICH HAVE SURPASSED THEIR LENGTH-OF-
SERVICE EXPECTANCY AND ARE THEREFORE DUE TO BE REPLACED, TO THE
MIAMI-DADE COLLEGE SCHOOL OF CRIMINAL JUSTICE, THIS DONATION BEING IN
THE BEST INTEREST OF THE CITY OF MIAMI BEACH.
Police
ACTION: Resolution 2016-29596 adopted. Chief Daniel Oates to handle.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 17 of 116
C7 G A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE THE ATTACHED MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE CITY AND MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC. (THE
HOSPITAL); SAID MOU ENCUMBERING $2,000,000 OF STATE GRANT FUNDS,
SECURED BY THE HOSPITAL, FOR THE CITY (AS NON-FEDERAL SPONSOR OF
THE HOSPITAL) TO ALLOCATE TO THE U.S. ARMY CORPS OF ENGINEER'S
CONTINUING AUTHORITIES PROGRAM (CAP) PROJECT, ENTITLED "CITY OF MIAMI
BEACH, MOUNT SINAI MEDICAL CENTER, SECTION 14 PROJECT", FOR THE
REHABILITATION OF THE SEAWALL AT 4300 ALTON ROAD, W ITH THE HOSPITAL
ASSUMING ALL FINANCIAL RESPONSIBILITY FOR THE PROJECT, AND FURTHER
INDEMNIFYING THE CITY IN CONNECTION WITH SAID MOU.
Emergency Management
ACTION: Resolution 2016-29597 adopted. Chuck Tear to handle.
C7 H A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH MIAMI-DADE COUNTY, THE CITY OF
MIAMI, THE UNIVERSITY OF MIAMI, FLORIDA INTERNATIONAL UNIVERSITY, AND
MIAMI-DADE COLLEGE, ACCEPTABLE TO THE CITY MANAGER AND CITY
ATTORNEY, TO ENSURE THE COMMUNICATION AND COORDINATION
NECESSARY TO IMPLEMENT RESEARCH, DEVELOPMENT, AND DEPLOYMENT
PROJECTS AGREED TO BY THE PARTIES, AND AUTHORIZING THE CITY'S
PARTICIPATION AS A MEMBER OF THE METROLAB NETWORK.
Organization Development Performance Initiatives
Commissioner Ricky Arriola
ACTION: Resolution 2016-29598 adopted. Dr. Leslie Rosenfeld to handle.
C7 I A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE CITY TO ACCEPT DONATIONS AND
SPONSORSHIPS FROM URBAN RESOURCE INC., THE COCA-COLA COMPANY,
SHAKE SHACK INC., T-MOBILE, MIAMI-DADE COUNTY, BARNANA, KRAVE PURE
FOODS, INC., EXHALE ENTERPRISES, INC., AND THE LAW OFFICES OF AARON
RESNICK, P.A., IN THE TOTAL AMOUNT OF $12,600, FOR THE 2016 ANNUAL
FAMILY SERVICE DAY, THE 2016 HISPANIC HERITAGE FESTIVAL, THE OCTOBER
9, 2016 CICLOVIA EVENT, AND THE SOCCER UNIFORMS FOR THE CITY'S PARKS
AND RECREATION DEPARTMENT'S TRAVEL SOCCER ATHLETIC LEAGUE; AND
FURTHER AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO MAKE SUCH
EXPENDITURES AND/OR REIMBURSEMENTS CONSISTENT WITH THE
AFORESTATED EVENTS AND PURPOSES.
Marketing and Communications
ACTION: Resolution 2016-29599 adopted. Tonya Daniels to handle.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 18 of 116
C7 J A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, RETROACTIVELY APPROVING AND AUTHORIZING THE CITY
MANAGER TO ACCEPT A SPONSORSHIP FROM CITIBANK, N.A., IN THE AMOUNT
OF $150,000.00, IN SUPPORT OF THE SOUNDSCAPE CINEMA SERIES FOR FISCAL
YEAR 2016/2017; AND FURTHER AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO MAKE SUCH EXPENDITURES AND/OR REIMBURSEMENTS FROM
THE AFORESTATED SPONSORSHIP AMOUNT IN FURTHERANCE OF AND
CONSISTENT WITH THE SPONSORSHIP AGREEMENT FOR THE SOUNDSCAPE
CINEMA SERIES FOR FISCAL YEAR 2016/2017.
Marketing and Communications
ACTION: Resolution 2016-29600 adopted. Tonya Daniels to handle.
C7 K A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER,
PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2016-148-ND FOR
STANDARDIZATION OF VARIABLE FREQUENCY DRIVES IN THE CITY'S PUMP
STATIONS, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS
WITH CUSTOM CONTROLS TECHNOLOGY, INC., AS THE FIRST TOP RANKED
PROPOSER; FURTHER, SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN
NEGOTIATING AN AGREEMENT WITH CUSTOM CONTROLS TECHNOLOGY, INC.,
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH
REXEL, INC., AS THE SECOND TOP RANKED PROPOSER; FURTHER AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT, UPON CONCLUSION
OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION; AND AUTHORIZING
FUTURE PURCHASES OF ALLEN BRADLEY EQUIPMENT FOR SYSTEMS
MAINTENANCE OR UPGRADES FOR THE CITY'S PUMP STATIONS, IN
ACCORDANCE WITH SECTION 2-371 OF THE CITY CODE.
Public Works/Procurement
ACTION: Resolution 2016-29601 adopted. Eric Carpenter and Alex Denis to handle.
C7 L A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER,
INVITATION TO BID (ITB) NO. 2016-190-WG FOR MUSS PARK PAVILION;
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH WEST
CONSTRUCTION, INC.; AND FURTHER AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT WITH WEST CONSTRUCTION, INC. UPON
CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
Capital Improvement Projects/Procurement
ACTION: Resolution 2016-29602 adopted. David Martinez and Alex Denis to handle.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 19 of 116
C7 M A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO APPLY FOR, ACCEPT, AND APPROPRIATE FUNDING (INCLUDING
MATCHING FUNDS AND ANY RELATED CITY EXPENSES), AND EXECUTE ANY AND
ALL DOCUMENTS OR AGREEMENTS IN CONNECTION WITH THE FOLLOWING
GRANTS AND FUNDING AGREEMENTS: 1) MIAMI-DADE COUNTY FY 2016/17
EMERGENCY MEDICAL SERVICES (EMS) GRANT IN THE APPROXIMATE AMOUNT
OF $10,000; 2) FLORIDA DEPARTMENT OF TRANSPORTATION IN THE
APPROXIMATE AMOUNT OF $20 MILLION FOR CONSTRUCTION OF ROADWAY
AND DRAINAGE IMPROVEMENTS ON S.R. A1A/INDIAN CREEK DRIVE FROM 41ST
STREET TO 26TH STREET; 3) BRANCHES INC., THROUGH THE UNITED WAY
CENTER FOR FINANCIAL STABILITY VITA PROGRAM IN THE APPROXIMATE
AMOUNT OF $5,000; 4) US DEPARTMENT OF HOMELAND SECURITY, FEDERAL
EMERGENCY MANAGEMENT AGENCY, ASSISTANCE TO FIREFIGHTERS GRANT
PROGRAM IN THE APPROXIMATE AMOUNT OF $500,000; 5) PETSMART CHARITIES
IN THE APPROXIMATE AMOUNT OF $75,000.
Budget and Performance Improvement
ACTION: Resolution 2016-29603 adopted. Judy Hoanshelt to handle.
C7 N A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION,
AMENDMENT NO. 1 TO THE AGREEMENTS BETWEEN THE CITY AND TIDAL BASIN
GOVERNMENT CONSULTING, LLC, AS PRIMARY FIRM, AND DAVID M. SHAPIRO
DISASTER PLANNING & RECOVERY CONSULTANTS, INC., AS SECONDARY FIRM,
FOR EMERGENCY MANAGEMENT ADMINISTRATIVE SUPPORT SERVICES; SAID
AMENDMENT CORRECTING A SCRIVENER'S ERROR, TO ACCURATELY REFLECT
THE TERM OF THE AGREEMENTS AS AN INITIAL THREE (3) YEAR TERM, WHICH
EXPIRES ON NOVEMBER 30, 2016, WITH TWO (2) ONE-YEAR RENEWAL OPTIONS,
AT THE CITY'S SOLE OPTION AND DISCRETION.
Procurement
ACTION: Resolution 2016-29604 adopted. Alex Denis to handle.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 20 of 116
REGULAR AGENDA
R5 - Ordinances
10:45:38 a.m.
R5 A CPS-2 TRANSIT HUBS - LDR AMENDMENTS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II, "DISTRICT REGULATIONS," DIVISION 18 "PS PERFORMANCE
STANDARD DISTRICT" AND CHAPTER 114, "GENERAL PROVISIONS," BY
AMENDING SECTIONS 142-698 AND 142-699 REGARDING MAXIMUM BUILDING
HEIGHT AND SETBACKS REQUIREMENTS FOR THE CPS-2 DISTRICT; AMENDING
SECTION 114-1 REGARDING DEFINITIONS; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AN EFFECTIVE DATE; AND A SUNSET DATE.
10:00 am. First Reading Public Hearing Planning
Continued from September 14, 2016 - R5 A
Private Applicant - 500 Alton Road Ventures, LLC and 120 Sixth, LLC
ACTION: Title of the Ordinance read into the record. Public Hearing held. Item opened
and continued to the January 11, 2017 Commission Meeting by acclamation. Rafael E.
Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas
Mooney to handle.
Eve Boutsis, Chief Deputy City Attorney, requested this item be rescheduled from
December 2016 to the January 11, 2017 City Commission Meeting.
The City Commission agreed to the request by acclamation.
Handouts or Reference Materials:
1. Ad 1214 published in The Miami Herald
2. Ad 1225 published in The Miami Herald
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 21 of 116
10:46:48 a.m.
R5 B COMPREHENSIVE PLAN TEXT AMENDMENT — PUBLIC TRANSIT FACILITIES IN C-
PS2 AND TRANSIT HUBS INCORPORATED INTO PRIVATE DEVELOPMENT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING
POLICY 1.2 BY AMENDING THE PERMITTED USES IN THE "GENERAL MIXED USE
COMMERCIAL "PERFORMANCE STANDARD" CATEGORY (C-PS2)" TO ALLOW
PUBLIC TRANSIT FACILITIES AS A PERMITTED USE; AMENDING THE
TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF
MIAMI BEACH, FLORIDA, BY CREATING POLICY 4.6.1 ENTITLED "ENHANCED
TRANSIT INFRASTRUCTURE ON PRIVATE PROPERTY" AND BY AMENDING THE
"GLOSSARY OF TERMS" TO INCLUDE THE TERM "TRANSIT HUB" AND RELATED
DEFINITION.
10:05 a.m. First Reading Public Hearing Planning
Continued from September 14, 2016 - R5 B
Private Applicant - 500 Alton Road Ventures, LLC and 120 Sixth, LLC
ACTION: Title of the Ordinance read into the record. Public Hearing held. Item opened
and continued to the January 11, 2017 Commission Meeting by acclamation. Rafael E.
Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas
Mooney to handle.
Sam Dubbin, Esq., on behalf of the Icon and Bentley Bay, expressed his disapproval of
this item once again being opened and continued by the City Commission.
Handouts or Reference Materials:
1. Ad 1215 published in The Miami Herald
2. Ad 1225 published in The Miami Herald
10:47: 55 a.m.
R5 C CONCURRENCY EXEMPTION — GU & CCC DISTRICTS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE CITY CODE, BY AMENDING CHAPTER 122,
"CONCURRENCY MANAGEMENT," BY AMENDING SECTION 122-5, "EXEMPTIONS
FROM CONCURRENCY," TO EXEMPT USES AT THE FOLLOWING CITY-OWNED
FACILITIES FROM THE CITY'S CONCURRENCY REQUIREMENTS: THE NORTH
SHORE BANDSHELL, THE RONALD W. SHANE WATERSPORTS CENTER, AND THE
MIAMI BEACH BOTANICAL GARDEN; AND PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
10:10 am. Second Reading Public Hearing Planning
Continued from September 14, 2016 - R5 C Vice-Mayor Michael Grieco
ACTION: Title of the Ordinance read into the record. Public Hearing held. Item opened
and continued to the November 9, 2016 Commission Meeting by acclamation. Rafael E.
Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas
Mooney to handle.
Handouts or Reference Materials:
1. Ad 1216 published in The Miami Herald
2. Ad 1225 published in The Miami Herald
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 22 of 116
10:48:50 a.m.
R5 D CHAPTER 46 - NON-SPECIMEN TREES:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS (LDR'S)
OF THE CITY CODE, BY AMENDING CHAPTER 46, "ENVIRONMENT", ARTICLE II,
"CARE AND MAINTENANCE OF TREES AND PLANTS", DIVISION 2, "TREE
PRESERVATION AND PROTECTION," TO MODIFY THE DIAMETER AT BREAST
HEIGHT OF NON-SPECIMEN TREES; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
10:15 am. Second Reading Public Hearing Planning
First Reading on September 14, 2016 - R5 S Commissioner Joy Malakoff
ACTION: Title of the Ordinance read into the record. Public Hearing held. Heard with
Item R5 E. Ordinance 2016-4041 adopted. Motion made by Commissioner Malakoff;
seconded by Commissioner Alemán. Ballot vote: 7-0. Thomas Mooney to handle.
Eve Boutsis, Chief Deputy City Attorney, stated that this item and item R5E are
companion items. The County has reviewed the language, and in fact, this item has been
before the City Commission several times during the past two years due to revisions.
Commissioner Malakoff stated that she believes this is good legislation.
Handouts or Reference Materials:
1. Ad 1225 published in The Miami Herald
10:49:52 a.m.
R5 E CHAPTER 126 - LANDSCAPE ORDINANCE:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS (LDR'S)
OF THE CITY CODE, BY AMENDING CHAPTER 126, "LANDSCAPING," BY
EXPANDING THE APPLICABILITY, SUBMITTAL REQUIREMENTS FOR LANDSCAPE
PLANS, EXPANDING MINIMUM LANDSCAPE STANDARDS, DETAILING
MAINTENANCE REQUIREMENTS FOR REQUIRED LANDSCAPING, AND PROVIDING
FOR THE DEPOSIT OF FUNDS TO THE CITY OF MIAMI BEACH TREE
PRESERVATION TRUST FUND FOR NOT COMPLYING WITH LANDSCAPE
REQUIREMENTS; BY AMENDING CHAPTER 130, ENTITLED "OFF-STREET
PARKING," ARTICLE III, ENTITLED "DESIGN STANDARDS," TO INCORPORATE
LANDSCAPE STANDARDS FOR TEMPORARY AND PROVISIONAL PARKING LOTS
INTO THE CITY OF MIAMI BEACH LANDSCAPE ORDINANCE; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
10:20 am. Second Reading Public Hearing Planning
First Reading on September 14, 2016 - R5 T Commissioner Joy Malakoff
ACTION: Title of the Ordinance read into the record. Public Hearing held. Heard in
conjunction with R5 D. Ordinance 2016-4042 adopted. Motion made by Commissioner
Malakoff; seconded by Commissioner Alemán. Ballot vote: 7-0. Thomas Mooney to
handle.
Eve Boutsis, Chief Deputy City Attorney, reminded the City Commission that this is the
companion item to R5 D.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 23 of 116
Commissioner Malakoff stated that besides the Miami Beach Tree Preservation Trust
Fund, she hopes that in November we will have a commemorative tree program in which
residents of Miami Beach can purchase trees to be planted in public areas such as parks
and streets, in honor of their loved ones.
Mayor Levine stated that both he and Commissioner Rosen Gonzalez are sponsoring that
legislation.
Handouts or Reference Materials:
1. Ad 1225 published in The Miami Herald
10:52:06 a.m.
R5 F SOUTH OF FIFTH ALCOHOLIC BEVERAGE ESTABLISHMENT OPERATIONAL
REGULATIONS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS
AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS," DIVISION 18, "PS
PERFORMANCE STANDARD DISTRICT," SECTION 142-693, "PERMITTED USES," TO
AMEND THE HOURS OF OPERATION, LOCATION AND USE RESTRICTIONS FOR
PROPERTIES SOUTH OF FIFTH STREET; PROVIDING THAT EXISTING ALCOHOLIC
BEVERAGE ESTABLISHMENTS SHALL BE DEEMED LEGAL CONFORMING USES;
AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
10:25 a.m. Second Reading Public Hearing Planning
Continued from September 14, 2016 - R5 E Vice-Mayor Michael Grieco
ACTION: Title of the Ordinance read into the record. Public Hearing held. Item opened
and continued to November 9, 2016 by acclamation. Rafael E. Granado to notice. Lilia
Cardillo to place on the Commission Agenda, if received. Ballot vote: 7-0. Thomas
Mooney to handle.
Handouts or Reference Materials:
1. Ad 1217 published in The Miami Herald
2. Ad 1225 published in The Miami Herald
3. Email from Danila Bonini dated October 18, 2016, RE: Request by Vice-Mayor Grieco to open
and continue Item R5 F.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 24 of 116
10:52:45 a.m.
R5 G SHORT-TERM RENTALS ON HARDING AVENUE NORTH BEACH:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH,
SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," OF CHAPTER 142,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY AMENDING DIVISION 2,
ENTITLED "ACCESSORY USES"; BY AMENDING ARTICLE IV, ENTITLED
"SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING DIVISION 3,
ENTITLED "SUPPLEMENTARY USE REGULATIONS," BY AMENDING SECTION 142-
1111, ENTITLED "SHORT-TERM RENTAL OF APARTMENT UNITS OR
TOWNHOMES," BY CREATING A NEW SUBSECTION (D), WHICH ESTABLISHES
ELIGIBILITY REQUIREMENTS FOR SHORT-TERM RENTAL OF APARTMENT AND
TOWNHOME RESIDENTIAL UNITS IN NORTH BEACH; LIMITING THE ELIGIBILITY TO
THOSE PROPERTIES FRONTING HARDING AVENUE FROM THE SOUTH SIDE OF
73RD STREET TO THE NORTHERN BOUNDARY OF THE CITY; BY ESTABLISHING
CONDITIONS PRECEDENT BEFORE A PROPERTY OWNER IS LEGALLY
AUTHORIZED TO ENGAGE IN SHORT-TERM RENTALS; AND REQUIRE THE
PROPERTY TO BE FULLY RENOVATED AND RESTORED IN ACCORDANCE WITH
THOSE DELINEATED STANDARDS SET FORTH IN SUBSECTION (D)(1), WHICH
MUST BE ACCOMPLISHED PRIOR TO THE ISSUANCE OF THE BUSINESS TAX
RECEIPT PERMITTING SHORT-TERM RENTALS; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
10:30 a.m. Second Reading Public Hearing Planning
Continued from September 14, 2016 - R5 G Vice-Mayor Michael Grieco and
Co-Sponsored by Commissioners John Elizabeth Alemán & Ricky Arriola
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance
2016-4043 adopted as amended. Motion made by Commissioner Arriola; seconded by
Vice-Mayor Grieco and Commissioner Alemán. Ballot vote: 5-2; Opposed: Commissioners
Rosen Gonzalez and Steinberg. Thomas Mooney to handle.
AMENDMENTS:
• Enforce the 500 foot limitation for building management location; and
• “Three strikes – You’re Out” rule. Violators will receive progressive $1,000; $2,000; and
$3,000 fines; and then ultimately lose their BTR.
Eve Boutsis, Chief Deputy City Attorney, stated that the Ordinance has been amended,
and the latest version was distributed on the dais. The change will allow the principal
office of the manager to be located within 500 feet from the property engaged in short-
term rental.
Mayor Levine asked if this amendment was reviewed by the Historic Preservation Board
or the North Beach Steering Committee.
Ms. Boutsis replied that it was not required to be reviewed by either entity.
Commissioner Arriola stated that this is an effort for adaptive reuse of historic buildings,
meaning that the buildings are being preserved while making them commercially viable.
He added that Harding Avenue is a very busy commercial street that receives a great deal
of traffic, which makes it difficult for landlords to rent their units.
Discussion held.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 25 of 116
Commissioner Steinberg referred to the North Beach Master Plan and noted that this
effort was not recommended. She highlighted workforce housing and rental price
concerns.
Former City Commissioner Nancy Liebman explained that the issue was vetted by the
North Beach Blue Ribbon Committee. In her opinion, this is a “test-pilot” project in a busy
commercial street block, and it gives the property owners the ability to fix their buildings.
This is not opening the door to companies such as Airbnb it is opening the door to
property owners.
Commissioner Arriola explained that among the reasons this is being looked at is because
of historic preservation. The idea is to allow economic incentives to renovate buildings and
rent them as legal short-term rentals.
Commissioner Malakoff stated that she was initially concerned with this Ordinance, but
changed her mind after seeing that there are strict requirements that need to be followed
such as the Secretary of Interior’s Standards, fire standards, Building Codes, ADA, etc.
She believes the final product will be beautiful; and extended her support to the 500-foot
building manager office provision.
Discussion continued.
Commissioner Alemán also expressed her doubts for “inns without keepers,” but believes
the amendment will work well. She asked whether the 500 feet could be extended to three
or perhaps five blocks away to allow more flexibility.
Commissioner Steinberg stated that many North Beach residents are interested in this
item, but have not been able to read the latest version, as the City Commission was only
presented with the Ordinance this very morning.
Commissioner Rosen Gonzalez stated that she is against adding 75 buildings that will not
pay traffic impact fees. There are people who are currently residing full-time on Harding
Avenue. The City needs to consider how this measure will affect their quality of life.
Commissioner Arriola stated that there will be no additional building, the 75 buildings are
currently on Harding Avenue and have tenants. Concerning traffic, he does not believe
vacationers would bring in more cars than residents.
Discussion continued.
Marguerite Ramos thanked Mayor Levine for his commitment to North Beach. Much has
happened in the neighborhood, and she is optimistic for the Master Plan. Thirty-five of the
72 buildings are being renovated in what will be a Local Historic District. She wants to
make sure there are strong regulations for these short-term rental units, and that families
living on Harding Avenue will not be negatively affected.
Carolina Jones stated that she served on the North Beach Steering Committee. She is
fighting for the future of the community. Harding Avenue is currently thriving. During the
past five years, there has been a 126% rise in property values. This Ordinance will only
benefit property owners, and hurt everyone else in the neighborhood. She believes
working-class families will be forced out of the area because of elevating prices. She
urged the City Commission to vote “no” on the item.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 26 of 116
Michael Larkin, representing North Beach Property Owners Association, expressed his
support for the item, and believes the high standards this Ordinance requires are good.
Harding Avenue is a busy street where more than 30,000 vehicles transit per day. This
area does not lend itself for full-time residences, but for short-term rentals.
Daniel Veitia stated that he does not like short-term rentals, but this area of Harding
Avenue has always catered to hotels, and would in fact be good for short-term rentals with
heavy regulations, as it will have no negative impacts.
Discussion continued regarding short-term rentals.
Monika Entin, representing the Liebermans, expressed her support for the Ordinance.
Short-term rentals are not nightly hotels, and in fact can often be for months at a time.
This will attract more students and workers.
Commissioner Arriola stated that when this was first started, they wanted something
special for North Beach. If you are a student, lawfully, it is hard to get a three-month
rental, unless the landlord is willing to violate regulations. It is difficult to rent units on
Harding Avenue because of the lack of incentives; therefore, this Ordinance is designed to
rehabilitate and preserve these historic structures and create a market that is in demand.
Commissioner Steinberg stated that the minimum stay in these short-term rentals is seven
days. She asked whether that could be amended to have a 30-day minimum stay. She
believes stricter language needs to be added.
Discussion continued regarding rental prices on Harding Avenue.
Commissioner Alemán explained that the problem with short-term rentals is that landlords
are signing up tenants to long-term leases, and the tenants are in turn subletting or renting
the properties for house parties.
Mark Heller, representing Altos Del Mar Association, is concerned with spending money
on this transient housing project, when there is no guarantee the property owners will
have sufficient capital to keep up with the maintenance and comply with the standards. He
also addressed the grand scale of the project, which comprises 75 buildings spread out
through eight City blocks.
Ray Breslin agrees that there needs to be a management office very close to the
properties, but not necessarily on-site. He explained a common scam where landlords
sign up tenants for long-term contracts, when in fact the tenants are looking for short-term
stay.
Jeff Oris, Economic Development Division Director, explained that this item was not
included in the North Beach Master Plan, because as a use it was equated to the hotels in
the area. There will not be a change in traffic volume having long or short-term rentals.
Mayor Levine asked if there is interest in having 30-days being the minimum stay in these
rental apartments.
Commissioner Alemán added that perhaps a three-block separation between the
properties and management office would be sufficient because a one-block separation
may be impractical.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 27 of 116
Commissioner Malakoff explained that she would only support this item if there were an
innkeeper within 500 feet of the property. She believes that once the distance is expanded
to three, four, or even five blocks it will become problematic.
Mayor Levine agreed with Commissioner Malakoff’s statement.
Commissioner Rosen Gonzalez asked if anyone would consider parking impact fees to
build parking lots in North Beach. She suggested referring the item back to the Land Use
& Development Committee (LUDC), and force investors to pay their dues.
Commissioner Alemán clarified that this is only for contributing buildings and the idea is to
invest in the properties. She agreed to the 500 feet requirement.
Commissioner Steinberg suggested that there needs to be strict penalties and clear
restrictions with a 30-day minimum stay, otherwise, she will vote against the item.
Mayor Levine questioned whether having a 30-day minimum would completely undermine
what the City Commission is trying to accomplish in this area.
John Deutzman stated that he has fought short-term rentals for two years. He explained
his experience with Airbnb, which he found was unwilling to stop posting a property that
had fire safety issues.
Dr. David Gollum stated that he believes that the efforts to revitalize this area of Harding
Avenue will eventually see the properties sold to developers and speculators. The
neighbors are afraid they will lose the battle from preventing North Beach becoming like
South Beach.
Vice-Mayor Grieco expressed his support for the 500-foot limitation, but he does not agree
with making a minimum of 30-day stay.
Discussion continued regarding hotel versus boutique hotel conversion.
Commissioner Rosen Gonzalez stated her disagreement with the Ordinance. She
believes working-class families will be pushed out of their homes. She asked the City
Commission to reconsider the Ordinance, and perhaps place impact fees.
Commissioner Malakoff explained the “three strikes - you’re out” rule, which imposes
increasing fines of $1,000; $2,000; and $3,000; and leading to the revocation of the
Business Tax Receipt (BTR).
Handouts or Reference Materials:
1. Ad 1218 published in The Miami Herald
2. Ad 1225 published in The Miami Herald
3. Draft Ordinance distributed at the dais
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 28 of 116
2:03:32 p.m.
R5 H SINGLE FAMILY HOME – NON-ARCHITECTURALLY SIGNIFICANT – DEMOLITION
PROCEDURES:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS (LDR's)
OF THE CITY CODE, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 2, "RS-1, RS-2,
RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," SECTION 142-108,
"PROVISIONS FOR THE DEMOLITION OF SINGLE-FAMILY HOMES LOCATED
OUTSIDE OF HISTORIC DISTRICTS;" BY AMENDING THE REQUIREMENTS AND
PROCEDURES FOR THE ISSUANCE OF A DEMOLITION PERMIT FOR SINGLE
FAMILY HOMES THAT ARE NOT ARCHITECTURALLY SIGNIFICANT; CREATING
SUBSECTION (J), ENTITLED ISSUANCE OF DEMOLITION PERMITS FOR SINGLE
FAMILY HOMES THAT ARE NOT ARCHITECTURALLY SIGNIFICANT; PROVIDING
FOR FINES, APPEALS AND ENFORCEMENT; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
10:35 am. Second Reading Public Hearing Planning
First Reading on September 14, 2016 - R5 W Commissioner Joy Malakoff
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance
2016-4044 adopted. Motion made by Commissioner Malakoff; seconded by
Commissioner Alemán. Ballot vote: 7-0. Thomas Mooney to handle.
Eve Boutsis, Chief Deputy City Attorney, explained that this Ordinance makes the City
consistent with the Historic Preservation Board process for architecturally significant pre
1942 homes, in that there is a permitting process to go through, or alternatively, for
demolitions, the process is to bring a landscaping plan, maintain the plan of the vacant lot
with a fence, and there are severe penalties for those that are non-compliant. The first
violation within a 12-month period would be $2,500; a second violation at $5,000; a third
violation of $7,500 and the fourth and subsequent violation at $10,000. The reason this is
so important is because the rest of the single-family home areas are being affected by
these vacant lots that are not being maintained. Therefore, this will ensure maintenance
and is making it consistent with the process for pre 1942 homes.
Commissioner Malakoff added that in the future, if the Architectural Panelist ballot
question is approved and the City can get more architects and landscape architects on all
Land Use boards, then all homes could be reviewed expeditiously, with rotating panels of
architects. This way, they will have less “Ikea” boxes and better designed homes
approved by licensed architects in Florida, and thereby improving single-family homes in
the future.
Mayor Levine asked what the process is for someone that wants to demolish a non-
significant home.
Eve Boutsis, Chief Deputy City Attorney, answered that they can either do the permitting
before demolition starts or, in the alternative, demolish but landscape, making sure that it
is aesthetically pleasing and encircled with an aluminum picket fence.
Commissioner Rosen Gonzalez stated that this is positive legislation.
Commissioner Malakoff added that aluminum picket fence is required, and at the request
of the Planning Board instead of Saint Augustine grass, they will use drought and salt
tolerance grass.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 29 of 116
Discussion continued.
Commissioner Alemán suggested the Administration, as an implementation measure, to
notice the properties affected, and warn them prior to giving them a violation. Hernan
Cardeno to handle.
Handouts or Reference Materials:
1. Ad 1218 published in The Miami Herald
2. Ad 1226 published in The Miami Herald
2:08:48 p.m.
R5 I LDR - TRANSIT INTERMODAL FACILITIES:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING SECTION 114-1, ENTITLED "DEFINITIONS" TO PROVIDE A
DEFINITION FOR A "TRANSIT INTERMODAL FACILITY" AND ASSOCIATED
DEFINITIONS; AMENDING CHAPTER 130, "OFF-STREET PARKING," ARTICLE II,
"DISTRICTS; REQUIREMENTS," SECTION 130-32, "OFF-STREET PARKING
REQUIREMENTS FOR PARKING DISTRICT NO. 1," AND SECTION 130-33, "OFF-
STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4, 5, 6,
AND 7," TO ESTABLISH PARKING REQUIREMENTS FOR "TRANSIT INTERMODAL
FACILITIES," AND ESTABLISHING SECTION 130-40, "BICYCLE PARKING
REQUIREMENTS," TO ESTABLISH MINIMUM REQUIREMENTS FOR BICYCLE
PARKING FOR "TRANSIT INTERMODAL FACILITIES"; AMENDING CHAPTER 130,
"OFF-STREET PARKING," ARTICLE III, "DESIGN STANDARDS," SECTION 130-68,
"COMMERCIAL AND NONCOMMERCIAL PARKING GARAGES," ESTABLISHING
REGULATIONS AND TO ALLOW FOR UP TO FIVE STORIES IN ADDITIONAL
BUILDING HEIGHT (50 FEET) SHOULD A "TRANSIT INTERMODAL FACILITY" BE AN
ACCESSORY USE TO A MAIN USE PARKING GARAGE; BY AMENDING CHAPTER
142, "ZONING DISTRICTS AND REGULATIONS," AT ARTICLE II, "DISTRICT
REGULATIONS," TO INCLUDE A "TRANSIT INTERMODAL FACILITY" WITHIN THE
LIST OF PERMITTED USES FOR THE FOLLOWING DISTRICTS: COMMERCIAL LOW
INTENSITY (CD-1), COMMERCIAL, MEDIUM DENSITY (CD-2), COMMERCIAL, HIGH
INTENSITY (CD-3), CIVIC AND GOVERNMENT USE (GU), HOSPITAL DISTRICT (HD),
COMMERCIAL PERFORMANCE STANDARD, GENERAL MIXED USE (C-PS2), NORTH
BEACH TOWN CENTER CORE (TC-1), NORTH BEACH TOWN CENTER MIXED USE
(TC-2); BY ESTABLISHING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," AT ARTICLE V, "SPECIALIZED USE REGULATIONS," DIVISION 4,
"TRANSIT INTERMODAL FACILITIES," TO ESTABLISH REGULATIONS AND PROVIDE
UP TO FIVE STORIES IN ADDITIONAL HEIGHT (50 FEET) SHOULD A "TRANSIT
INTERMODAL FACILITY" THAT IS NOT ASSOCIATED WITH A MAIN USE PARKING
GARAGE BE AN INCLUDED USE WITHIN A PROPERTY OR UNIFIED DEVELOPMENT
SITE WITHIN ONE OF THE ABOVE DISTRICTS; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
10:40 a.m. First Reading Public Hearing Planning
Deferred from September 14, 2016 - R5 L Commissioner Ricky Arriola
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance
adopted on first reading as amended. Motion made by Commissioner Alemán;
seconded by Commissioner Arriola. Ballot vote: 7-0. Second Reading, Public Hearing
scheduled for December 14, 2016 . Rafael E. Granado to notice. Lilia Cardillo to place on
the Commission Agenda, if received. Thomas Mooney to handle.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 30 of 116
AMENDMENTS:
• Delete language “removal of the City Commission waiver.”
• Include Frank Del Vecchio’s amendments – shown below as double underlines:
• Section 1214-1 – Definitions : Transit Intermodal Facility means a transfer facility that
provides convenient connections between streetcars or bus rapid transit, (BRT), and
another public transit mode, such as T
• Policy 4.5: Transit Intermodal Facilities/Transfer Centers/Transit Stops. ” after that
support the future exclusive transit lanes identified in the 2015 Transportation Master
Plan, “ for a streetcar or BRT” at intercept locations.
MOTION ACCEPTING LUDC RECOMMENDATION:
Pursuant to Section 2-13 of the Code, motion accepting the Land Use and Development
Committee’s recommendation of this Ordinance was made by Commissioner Malakoff,
seconded by Commissioner Alemán; Voice vote: 7-0.
RECOMMENDATIONS:
• Direct the Administration to transmit the proposed Comprehensive Plan Amendment,
with the modifications recommended by the Planning Board, to the State Land Planning
Agency and required review agencies pursuant to the Section 163.3184(2), F.S., and
schedule an adoption hearing for December 14, 2016.
• Approve the Ordinance Amendment to the Land Development Regulations at First
Reading and set a Second Reading Public Hearing for December 14, 2016, subject to
the following modifications:
• a. Modify section 130-32 to provide an alternative measure for parking
requirements, subject to available use projections for specific transit intermodal
facilities, including a fixed minimum parking space requirement.
• Remove the following waiver provision: b. Removal of the City Commission Waiver
provisions from section 130-68 (10)(e) and section 142-1301 (d), except as related
to parking requirements in Chapter 130.
• c. Section 142-1302 shall be amended as follows (new text in bold double
underscore):
• Sec. 142-1302. – Additional Regulations.
• For purposes of this subsection, at least 51% of the gross floor area of a main use
transit intermodal facility shall meet the definition of a “transit intermodal facility” in
section 114-1. In addition to the regulations of the underlying Zoning District and
any overlay district, the following regulations shall apply to all main use transit
intermodal facilities.
• d. Create a definition for ‘streetcar’ and ‘bus rapid transit’ that would meet the
Federal Department of Transportation criteria for funding eligibility.
Rogelio Madan, Principal Planner, introduced the item. The first item is a Comprehensive
Plan Amendment that implements aspects of the Transportation Master Plan adopted
earlier in 2016 by the City Commission, which allows the Transit Intermodal Facilities to
be built in certain future Land Use districts. This sets the framework for the location where
these Intermodal Facilities should be located within the City. The second item is an
Amendment to the Zoning Ordinance, and provides certain incentives for the City to
partner with land owners and develop these facilities, such as the ability to add five stories
and setting very high parking requirements of five spaces per 500 square feet of transit
use, with short and long term bicycle parking requirements, as well as requiring approval
of the City Commission of the site before discussing at any Land Use board. This gives
the framework for how the City can plan these facilities and bring for approval to the City
Commission. They recommend that the City Commission direct staff to transmit the
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 31 of 116
Comprehensive Plan Amendment to the State Land Planning Agency for review as
required, and set a public hearing for December 14, 2016. For the Zoning Amendment,
they recommend its approval, subject to recommendations made by the Planning Board,
which include providing for an alternative parking requirement measure set on projections
for the area, and require that at least 51% of the gross floor area of the area be used
exclusively for the transit facility use, and providing a definition for a streetcar and bus
rapid transit.
Mayor Levine clarified that this is not a commitment, but only a plan, in the event they
move forward with any type of transportation program.
Commissioner Alemán is in favor of the Planning Board’s revisions with the exception of
the City Commission’s waiver provisions on Page 788; she suggested deleting “ removal of
the City Commission waiver.”
Raul J. Aguila, City Attorney, clarified that the waiver the Planning Board is recommending
remaining in the Ordinance is the City Commission’s ability to waive parking requirements.
Commissioner Malakoff is concerned with the minimum of 75 parking spaces as it is
conceptualized that these Transit Intermodal Facilities will have retail included; therefore,
75 parking spaces would be insufficient. It was pointed that the 75 spaces are strictly for
parking at the Intermodal Facilities, and the developer of the retail section must provide its
own additional parking.
Eve Boutsis stated that all accessory uses have their own parking requirements; she
added that the direction is to leave the waivers as is.
Discussion held.
Sam Dubbin, Esq., representing The Bentley Bay Condominium Associations, explained
that on the waiver provision they requested that this language be stricken from the original
proposal, because as it was originally drafted it allowed all Land Use restrictions to be
waived within the purview of this new Ordinance. The Planning Board made a
compromise within their recommendation at the request of his client. There is a waiver
opportunity in the Code that can always be pursued, as justified in a case-by-case basis.
He added that when Frank Del Vecchio pointed out at the September 14, 2016
Commission Meeting, was that under the current language you could get up to five extra
stories for one facility, even if the streetcar system is not adopted. He recommended that
there be an intermodal element required in the definition of Intermodal Transit Facility
before sending to the pertinent agencies for review.
Mayor Levine stated that whether it is Lightrail or bus rapid transit, it should encompass
all.
Jimmy L. Morales, City Manager, agreed.
Eve Boutsis, Chief Deputy City Attorney, stated that additional specific language could be
included to define Intermodal Transit Facility, to include streetcar or rapid bus transit, or
similar modes of transportation.
Commissioner Alemán added that they have the protection of the FAR, as it would have to
go to referendum, and City Attorney Aguila concurred.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 32 of 116
Frank Del Vecchio explained that he served as Chair of the Citizens Subcommittee on
Baylink Technical Committee from 2002 to 2004; he was formerly Regional Director of
Community Planning Development and Chief Environmental Officer. He read the
Transportation Master Plan and the consultant’s RFQ’s, and he understands that the City
wants a streetcar, but the consulting work will be able to accommodate a bus rapid transit
if the City decides to go in that direction as they require dedicated lanes. The language
would define a Transit Intermodal Facility to be a transport facility applicable to streetcars
as well as bus rapid transit. The way it is worded, he does not think is clear enough to
enunciate what the intent is. He suggested that the definition be explicit (See Page 792)
under Section 1214-1 – Definitions : Transit Intermodal Facility means a transfer facility
that provides convenient connections between streetcars or bus rapid transit, (BRT), and
another public transit mode, such as T Similarly on Page 815, under Policy 4.5: Transit
Intermodal Facilities/Transfer Centers/Transit Stops. ” he suggested adding after T
that support the future exclusive transit lanes identified in the 2015 Transportation Master
Plan, “ for a streetcar or BRT” at intercept locations. The language has to be very clear in
the definition.
Jose Gonzalez, Transportation Director, expressed that it is important to incorporate all
transit modes.
Jimmy L. Morales, City Manager, explained that they must accommodate all modes, but
either way it has to have one of the rapid transit concepts to it.
Discussion held regarding transit modes.
Commissioner Steinberg clarified that with these changes she will support the item.
The following individuals spoke:
Sam Dubbin
Robert Lansburgh, on behalf of Stop the Train Miami Beach, spoke on a ballot initiative
Daniel Ciraldo
Discussion held.
Commissioner Rosen Gonzalez is in support of this Ordinance in good faith and explained
that this legislation is not intended to ruin Historic Districts, but to alleviate the parking
congestion in the City.
Commissioner Alemán clarified that the five-stories is not on top of the 75 feet, but within
the property. Commissioner Alemán explained that intercept garage will be located closer
to the causeway, and those garages can be up to 500 spaces, and will be very large,
since they have to accommodate everyone driving in and transferring to mass transit to
get around in the City.
Moved and seconded with Frank Del Vecchio’s amendments and the removal of the City
Commission waiver.
Commissioner Steinberg thanked Frank Del Vecchio for putting in the definition and
refining the language, as it was needed. She asked the City Manager that emails received
on the subject be responded in a timely manner with the information necessary.
Jimmy L. Morales, City Manager, stated that they provide information when they have the
answers, since information changes. Staff is attending meetings this month, he will be
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 33 of 116
speaking on the 27 th and there is a great deal of outreach being done; however, with
respect to the streetcar, they will provide any information as received. One of the
frustrating things about the process is that, by the nature of both State and Federal
environmental analysis, they are not to reach predetermined conclusions until they report
is complete; otherwise, the report becomes invalid. If not done this way, the eligibility for
funding is compromised. Also by doing a parallel procurement tracking, this causes
confusion.
No further discussion.
Handouts or Reference Materials:
1. Ad 1219 published in The Miami Herald
2. Ad 1226 published in The Miami Herald
2:36:04 p.m.
R5 J COMPREHENSIVE PLAN - TRANSIT INTERMODAL FACILITIES:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY OF MIAMI BEACH, FLORIDA, BY OBJECTIVE
1, ENTITLED "LAND DEVELOPMENT REGULATIONS," TO ALLOW "TRANSIT
INTERMODAL FACILITIES" AS A PERMITTED USE WITHIN THE FOLLOWING LAND
USE CATEGORIES: LOW INTENSITY COMMERCIAL CATEGORY (CD-1), MEDIUM
INTENSITY COMMERCIAL CATEGORY (CD-2), HIGH INTENSITY COMMERCIAL
CATEGORY (CD-3), PUBLIC FACILITY HOSPITAL - PF (PF-HD), PUBLIC FACILITY:
GOVERNMENTAL USES (PF), PARKING (P), GENERAL MIXED USE COMMERCIAL
"PERFORMANCE STANDARD" CATEGORY (CPS-2), TOWN CENTER CORE
CATEGORY (TC-1), AND TOWN CENTER COMMERCIAL CATEGORY (TC-2);
AMENDING THE FUTURE LAND USE MAP TO MODIFY THE DESIGNATION
"RECREATION OPEN SPACE" (ROS) ALONG THE JULIA TUTTLE TO "PUBLIC
FACILITY" (PF); AMENDING THE PARKING (P) LAND USE CATEGORY TO ALLOW
THOSE USES PERMITTED IN SURROUNDING LAND USE CATEGORIES,
INCLUDING, BUT NOT LIMITED TO, RESIDENTIAL USES WHEN ASSOCIATED WITH
A TRANSIT INTERMODAL FACILITY OR PARKING FACILITY; AMENDING AND
UPDATING THE GOALS, OBJECTIVES, AND RELATED POLICIES OF THE
TRANSPORTATION ELEMENT AS FOLLOWS: OBJECTIVE 1, ENTITLED "LEVEL OF
SERVICE," TO REFLECT THE CITY'S ADOPTED MODE OF TRANSPORTATION
HIERARCHY; OBJECTIVE 2, ENTITLED "COORDINATION WITH LAND USE," TO
DETAIL THE NEEDS FOR TRANSIT INTERMODAL FACILITIES; OBJECTIVE 3,
ENTITLED "ROADWAY PLANNING, DESIGN AND CONSTRUCTION," TO
INCORPORATE ADDITIONAL MULTIMODAL TRANSPORTATION OPTIONS;
OBJECTIVE 4, ENTITLED "MASS TRANSIT," TO ENCOURAGE MASS TRANSIT
OPTIONS THROUGH THE 2015 TRANSPORTATION MASTER PLAN; OBJECTIVE 5A,
ENTITLED "TRANSIT MODE" TO DETAIL OPTIONS FOR TRANSPORTATION
INFRASTRUCTURE; OBJECTIVE 6, ENTITLED "MULTI-MODAL TRANSPORTATION
AND MOBILITY OPTIONS," TO CLARIFY STRATEGIES TO IMPLEMENT MULTI-
MODAL TRANSPORTATION OPTIONS; OBJECTIVE 7, ENTITLED "ENHANCE,
PROTECT, AND PRESERVE THE CITY'S NEIGHBORHOODS," TO CLARIFY
COORDINATING AGENCIES AND STRATEGIES; OBJECTIVE 8, ENTITLED
"PARKING," TO ENCOURAGE SMART PARKING SYSTEMS; OBJECTIVE 10,
ENTITLED "TRANSPORTATION COORDINATION WITH OTHER JURISDICTIONS," TO
REQUIRE COORDINATION RELATING TO "TRANSIT INTERMODAL FACILITIES;" THE
GLOSSARY OF TERMS TO INCLUDE THE TERM "TRANSIT INTERMODAL FACILITY"
After Action October 19, 2016 Commission Meeting City of Miami Beach
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AND RELATED DEFINITIONS; AMENDING AND UPDATING THE POLICIES WITHIN
THE INTERGOVERNMENTAL COORDINATION ELEMENT TO INCLUDE
COORDINATION RELATING TRANSIT INTERMODAL FACILITIES; PROVIDING FOR
INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
10:45 am. First Reading Public Hearing Planning
Deferred from September 14, 2016 - R5 M Commissioner Ricky Arriola
ACTION: Title of the Ordinance read into the record. Heard in conjunction with Item R5 I.
Public Hearing held. Ordinance adopted on first reading as amended. Motion made
by Commissioner Alemán; seconded by Commissioner Arriola. Ballot vote: 7-0. Second
Reading, Public Hearing scheduled for December 14, 2016 . Rafael E. Granado to notice.
Lilia Cardillo to place on the Commission Agenda, if received. Thomas Mooney to
handle.
MOTION ACCEPTING LUDC RECOMMENDATION:
Pursuant to Section 2-13 of the Code, motion accepting the Land Use and Development
Committee’s recommendation of this Ordinance was made by Commissioner Alemán,
seconded by Commissioner Malakoff; Voice vote: 7-0.
RECOMMENDATIONS:
• Direct the Administration to transmit the proposed Comprehensive Plan Amendment,
with the modifications recommended by the Planning Board, to the State Land
Planning Agency and required review agencies pursuant to the Section 163.3184(2),
F.S., and schedule an adoption hearing for December 14, 2016.
• Approve the Ordinance Amendment to the Land Development Regulations, with the
modifications recommended by the Planning Board and Planning Department, at First
Reading and set a Second Reading Public Hearing for December 14, 2016.
Frank Del Vecchio stated that the amended language identifies the Zoning Districts where
facilities can take place, and it is the framework desired.
Commissioner Alemán asked if the reference made in the Master Plan about studying and
considering whether to combine TC-1, TC-2 and TC-3 into one general TC and asked if
they are not included, will that be an obstacle in the future.
Eve Boutsis, Chief Deputy City Attorney, clarified that if they change all into one, then they
would have to go back and amend the Comprehensive Plan.
Handouts or Reference Materials:
1. Ad 1220 published in The Miami Herald
2. Ad 1226 published in The Miami Herald
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 35 of 116
2:41:18 p.m.
R5 K 41ST STREET CD-1 AND CD-3 DISTRICTS ALCOHOLIC BEVERAGE
ESTABLISHMENT REGULATIONS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 142 OF THE CITY CODE, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," (1) AT
DIVISION 4, "CD-1 COMMERCIAL LOW INTENSITY DISTRICT," SECTION 142-272,
"MAIN PERMITTED USES;" SECTION 142-273, "CONDITIONAL USES;" SECTION 142-
274, "ACCESSORY USES;" AND SECTION 142-279 "SPECIAL REGULATIONS FOR
ALCOHOLIC BEVERAGE ESTABLISHMENTS;" AND (2) AT DIVISION 6, "CD-3
COMMERCIAL, HIGH INTENSITY DISTRICT," SECTION 142-332, "MAIN PERMITTED
USES;" SECTION 142-333, "CONDITIONAL USES;" SECTION 142-334, "ACCESSORY
USES;" AND SECTION 142-340, "SPECIAL REGULATIONS FOR ALCOHOLIC
BEVERAGE ESTABLISHMENTS;" TO AMEND THE HOURS OF OPERATION,
LOCATION, AND USE RESTRICTIONS FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS IN THE 41ST STREET CORRIDOR, WHICH IS GENERALLY
BOUNDED BY 40TH STREET TO THE SOUTH AND 42ND STREET TO THE NORTH,
BETWEEN ALTON ROAD AND INDIAN CREEK; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
10:50 am. First Reading Public Hearing Planning
Continued from September 14, 2016 - R5 N Commissioner John Elizabeth Alemán
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance
adopted on first reading. Motion made by Commissioner Alemán; seconded by
Commissioner Malakoff. Ballot vote: 7-0. Second Reading, Public Hearing scheduled for
November 9, 2016 . Rafael E. Granado to notice. Lilia Cardillo to place on the
Commission Agenda, if received. Thomas Mooney to handle.
MOTION ACCEPTING LUDC RECOMMENDATION:
Pursuant to Section 2-13 of the Code, motion accepting the Land Use and Development
Committee’s recommendation of this Ordinance was made by Commissioner Alemán,
seconded by Commissioner Malakoff; Voice vote: 7-0.
Commissioner Alemán stated that this is a proactive Ordinance. The Commission recently
considered special provisions in areas such as South of Fifth, Sunset Harbour and West
Avenue, where there is a heavily residential, multi-family area, and there is a need to
contain the nightlife and provide quality of life. 41 st Street is also such an area, as it has a
number of schools, religious institutions and residential areas, and it is not a place for
alcoholic beverages establishments.
No further discussion.
Handouts or Reference Materials:
1. Ad 1221 published in The Miami Herald
2. Ad 1226 published in The Miami Herald
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 36 of 116
2:44:45 p.m.
R5 L SIGNAGE ORDINANCE:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE CITY CODE, BY STRIKING IN ITS ENTIRETY
CHAPTER 138, "SIGNS;" AND REPLACING IT WITH A NEW CHAPTER 138, "SIGNS,"
AMENDING AND MODIFYING ALL EXISTING REGULATIONS FOR ALL SIGNS IN ALL
DISTRICTS, INCLUDING GENERAL REQUIREMENTS, EXEMPT SIGNS, PROHIBITED
SIGNS, PERMITTED SIGNS, NONCONFORMING SIGNS, SPECIFIC DISTRICT SIGNS,
SPECIFIC CONDITION SIGNS, TEMPORARY SIGNS, AND ARTISTIC OR SUPER
GRAPHICS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
10:55 a.m. Second Reading Public Hearing Planning
First Reading on September 27, 2016 - R5 P Commissioner Ricky Arriola
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance
2016-4045 adopted as amended. Motion made by Commissioner Arriola; seconded by
Commissioner Alemán. Ballot vote: 6-1; Opposed: Commissioner Steinberg. Thomas
Mooney to handle.
AMENDMENTS:
Sec. 138-204. – Non-Commercial Graphics and Images.
(a) Non-electronic graphics and images. Artistic murals, graphics and images, composed
of paint, tile, stone, or similar, non-electronic medium, which have no commercial
association, may be applied to a building or structure, if approved by the Design Review
Board or Historic Preservation Board, as applicable, in accordance with the applicable
design review or certificate of appropriateness criteria.
(b) Electronic graphics and images. Artistic murals, graphics and images, including
projected or illuminated still images and/or neon banding, composed of an electronic
medium, which have no commercial association, may be installed on a building or
structure, if approved by the Design Review Board or Historic Preservation Board, as
applicable, in accordance with the applicable design review or certificate of
appropriateness criteria. Additionally, such electronic graphics and images shall comply
with the following:
(1). Unless moving images are approved by the Design Review Board or Historic
Preservation Board, as applicable, only still, non-moving, murals, graphics or images shall
be permitted.
(2) The maximum number of electronic murals, graphics or images shall not exceed 2 per
property.
(3) Unless a larger size is approved by the Design Review Board or Historic Preservation
Board, as applicable, the maximum size of an electronic mural, graphic or image shall not
exceed 100 square feet when facing a street or sidewalk.
(4) All such electronic murals, graphics or images shall only be permitted in commercial or
mixed-use districts and shall not be permitted to face a residential district.
(5) A minimum distance separation of 1,500 feet shall be required from properties with
electronic murals, graphics or images.
(6) All such electronic murals, graphics or images shall be turned off and shall either be
reduced in illumination to a maximum of 250 nits or not function or be turned off between
the hours of 12:00 am 11:00 pm and 7:00 am, 7 days a week.
Eve Boutsis, Chief Deputy City Attorney, recommended that the City Commission accept
the scrivener’s errors changes, as suggested by Commissioner Steinberg. Additionally,
there is stricken language regarding graph codes to comply with the United States
Supreme Court decision as it relates to temporary signs. These were grouped together by
After Action October 19, 2016 Commission Meeting City of Miami Beach
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same size and regulations and they have added language regarding super graphics, so
there can be illuminated super graphics, but she thinks there is a proposal for more
changes to this section. It is her understanding that Planning is not supportive of this.
Carmen Sanchez, Assistant Planning Department Director, explained that the Planning
Department is not is supportive of the super graphics language.
Ms. Boutsis explained, in answering Commissioner Arriola’s question, that the reason for
the Planning Department not supporting super graphics is that the City does not have the
staff or the ability to determine the level of light or how to measure them. It is a technical
issue, not the super graphic sign itself. In addition, the visibility from Alton Road is a
concern.
Graham Penn, Esq., stated that there are two minor changes proposed related to non-
commercial graphics or “super graphics.” On the section dealing with illumination, they
propose to limit the illumination to 250 nits after midnight, which is approximately the
illumination of a laptop computer. They cannot use commercial ads and the Design
Review Board would have to approve. Another provision would allow property owners to
bring back older signs upon approval. They are proposing to allow noncontributing
buildings pre-1966 in the Historic District to go to Historic Preservation Board for approval.
Slide show presented.
Discussion held.
Russell Galbut stated that super graphics are allowed by the NWS (New World
Symphony), the Wolfsonian, and the Jewish Museum. This Ordinance allows for a shared
content from those performing arts centers and cleans up language from before. They
commended Commissioner Arriola for taking a leadership role on this issue, along with his
fellow Commission members. He stated that the matter would stay within the purview of
the Design Review Board.
Commissioner Malakoff is concerned with moving super graphics, which may add to
further traffic distractions. She suggested that super graphics should be reviewed by
another board.
Raul J. Aguila, City Attorney, added that there was a handout of suggested amendments
by Commissioner Arriola to Item R5 L, and one of those is the answer to Commissioner
Malakoff’s question, which reads: “unless moving images are approved by the Design
Review Board or Historic Preservation Board, only still, non-moving, murals, graphics or
images shall be permitted.” He asked Carmen Sanchez if this language could be
incorporated.
Carmen Sanchez, Assistant Planning Department Director, stated that they have a
concern with the moving images, but if approved by the Design Review Board or the
Historic Preservation Board, the it can be regulated.
Commissioner Arriola stated that this is to modernize the City Code with respect to
signage, and they still have a great deal of oversight and approval mechanism. Everything
has to be approved and fully vetted. He happens to love this project and he likes tasteful
signage, but as long as there is approval, that is all they need.
After Action October 19, 2016 Commission Meeting City of Miami Beach
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Carmen Sanchez, Assistant Planning Department Director, added that there will be no
advertisement, and with approval from the Land Use boards, they are fine with this. In
answering Commissioner Malakoff, she explained that super graphics would not face
residential areas.
Handouts or Reference Materials:
1. Ad 1227 published in The Miami Herald
2. Email from Eve Boutsis dated October 18, 2016 RE: Signage Ch 138 – Second Reading ORD
correcting scrivener’s errors.
3. Suggested Amendments by Commissioner Arriola to Item R5 L, Chapter 138, Signage
Ordinance.
4. Email from Michael Belush dated October 19, 2016 RE: Second Reading ORD correcting
scrivener’s errors.
5. Projecting Sign Design Standards per district, distributed at the dais.
2:58:08 p.m.
R5 M SUNSET HARBOUR ALCOHOLIC BEVERAGE ESTABLISHMENT REGULATIONS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," (1) AT DIVISION 5, "CD-2
COMMERCIAL, MEDIUM INTENSITY DISTRICT," SECTION 142-302, "MAIN
PERMITTED USES," SECTION 142-303, "CONDITIONAL USES," SECTION 142-304,
"ACCESSORY USES," AND SECTION 142-310, "SPECIAL REGULATIONS FOR
ALCOHOLIC BEVERAGE ESTABLISHMENTS"; AND (2)AT DIVISION 11, "1-1 LIGHT
INDUSTRIAL DISTRICT," SECTION 142-482, "MAIN PERMITTED USES," SECTION
142-483, "CONDITIONAL USES," SECTION 142-484, "ACCESSORY USES," AND
SECTION 142-488, "SPECIAL REGULATIONS FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS," TO CLARIFY PROHIBITED ENTERTAINMENT USES, AND
AMEND THE HOURS OF OPERATION, LOCATION AND USE RESTRICTIONS FOR
ALCOHOLIC BEVERAGE ESTABLISHMENTS IN THE SUNSET HARBOUR
NEIGHBORHOOD, GENERALLY BOUNDED BY PURDY AVENUE, 20TH STREET,
ALTON ROAD, AND DADE BOULEVARD; AND PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
11:00 am. Second Reading Public Hearing Planning
First Reading PH September 14, 2016 - R5 O Vice-Mayor Michael Grieco
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance
2016-4046 adopted. Motion made by Commissioner Alemán; seconded by Commissioner
Steinberg. Ballot vote: 7-0. Thomas Mooney to handle.
Carmen Sanchez, Planning Department Assistant Director, explained that they are asking
for establishments serving alcohol to close no later than 2:00 a.m., and outdoor
establishments, including sidewalk café operations to close no later than 12:00 a.m.
The following individuals spoke:
Bruce Beckman
Mitch Novick
Handouts or Reference Materials:
1. Ad 1222 published in The Miami Herald
2. Ad 1227 published in The Miami Herald
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 39 of 116
3:04:14 p.m.
R5 N SHORT TERM RENTALS IN THE COLLINS WATERFRONT LOCAL HISTORIC
DISTRICT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH,
SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," OF CHAPTER 142,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY AMENDING DIVISION 2,
ENTITLED "ACCESSORY USES"; BY AMENDING ARTICLE IV, ENTITLED
"SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING DIVISION 3,
ENTITLED "SUPPLEMENTARY USE REGULATIONS," BY AMENDING SECTION 142-
1111(6)(4), ENTITLED "SHORT-TERM RENTAL OF APARTMENT UNITS OR
TOWNHOMES," BY ESTABLISHING A NEW TIME PERIOD FOR OWNERS OF
PROPERTY IN THE COLLINS WATERFRONT LOCAL HISTORIC DISTRICT TO APPLY
FOR APPROVAL OF A CERTIFICATE OF USE THAT PERMITS SHORT-TERM
RENTAL OF APARTMENT AND TOWNHOME RESIDENTIAL UNITS; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
11:05 am. First Reading Public Hearing Planning
Continued from September 14, 2016 - R5 P Commissioner John Elizabeth Alemán
ACTION: Title of the Ordinance read into the record. Item referred. Public Hearing held.
Ordinance not adopted on first reading. Motion made by Commissioner Arriola;
seconded by Commissioner Alemán. Ballot vote: 6-0. Abstained: Commissioner
Steinberg. Thomas Mooney to place on the Board Agenda and to handle.
REFERRAL:
Planning Board
Commissioner Steinberg recused herself and left the Commission Chamber.
Commissioner Alemán explained that there are structural legal flaw associated with this
item and it will have to go back to the Planning Board.
Aleksandr Boksner, Deputy City Attorney, stated that there needs to be a referral to the
Planning Board, and the intent is to add it to the December 14 Commission Meeting,
considering the modifications that need to be made.
Raul J. Aguila, City Attorney, explained that this Ordinance originally intended, at the
request of residents and homeowners, to reopen the window for which residents wishing
to do short-term rentals could apply for a Certificate of Use. This legislation allows for the
window for those applications to be reopened between November 1, 2016 and April 30,
2017. There may be a speaker that wishes to propose an amendment to the Ordinance.
Monica Entin, Esq., representing The Mantel Plaza, explained that the building has been
in the neighborhood for years, and historically it was actually a hotel/condominium and
operated as such for many years. People had their short-term rentals based on that prior
use. During the last amendment, there was an assumption that they could continue
operating as such, as they did not realize they were not grandfathered in. It became
evident when people tried to update their Business Tax Receipt (BTR). The original intent
was to open the timeframe for the Code amendment; however, the way the Code currently
exists, indicates that any building or property has to have a single use, either short or long
term. In this situation, where there is a condominium, there are residents that live there
and others that rent them out, mostly renting them out as short-term rentals. The
amendment states that if there is a single owner to a building, keep the single residential
After Action October 19, 2016 Commission Meeting City of Miami Beach
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use, but when a condominium has multiple owners, allow people to have the short-term in
this Collins Waterfront Historic District so long as they meet all the other requirements set
forth in the amendment. That is the reason for the referral back to Planning, as this was
not contemplated in the original notice sent out.
City Attorney Aguila asked Deputy City Attorney Boksner for his recommendation.
Deputy City Attorney Boksner explained that the amendment substantially alters the
Ordinance, which requires a new reading, and requires that the item go back to the
Planning Board. Again, this proposal was never contemplated by the original sponsor, so
then it would need to go back to first reading.
City Attorney Aguila clarified that the action is to revert the item to the Planning Board with
the requested amendment.
Handouts or Reference Materials:
1. Ad 1223 published in The Miami Herald
2. Ad 1227 published in The Miami Herald
3. Form 8B signed by Commissioner Steinberg No. 134
1:39:35 p.m.
R5 O MXE PACKAGE STORE PROHIBITION:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 114 OF THE CITY CODE, ENTITLED
"GENERAL PROVISIONS," SECTION 114-1, "DEFINITIONS," TO DEFINE PACKAGE
STORES; AND AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 13, "MXE -
MIXED USE ENTERTAINMENT DISTRICT," BY AMENDING SECTION 142-544
THEREOF, ENTITLED "PROHIBITED USES," TO PROHIBIT PACKAGE STORES,
PACKAGE SALES OF ALCOHOLIC BEVERAGES, AND ENTERTAINMENT USES IN
PACKAGE STORES IN THE MXE DISTRICT; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
11:10 a.m. Second Reading Public Hearing Planning
First Reading PH September 14, 2016 - R5 R Commissioner Ricky Arriola
and Co-Sponsored by Commissioner Joy Malakoff
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance
2016-4047 adopted. Motion made by Commissioner Malakoff; seconded by
Commissioner Alemán. Ballot vote: 7-0. Thomas Mooney to handle.
Commissioner Arriola suggested expanding this to the North Beach area.
Aleksandr Boksner, Deputy City Attorney, explained that the Ordinance specifically results
in the prohibition of package liquor stores within the MXE Zoning District; there was a
slight change to ensure no package sales will take place within the MXE District, as
requested by Commissioner Arriola at first reading. This provision has been included.
Commissioner Arriola commented that this was tackled by the group that put together the
10-Point Plan for Ocean Drive, and in consultation with residents, Police, merchants in the
District, and that is the proliferation of liquor stores in the area; there are a couple that are
habitual contributors of people walking out with single cans of alcohol and drinking in the
After Action October 19, 2016 Commission Meeting City of Miami Beach
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streets, and since they cannot regulate single sale of alcohol beverages, they can regulate
the prohibition of further expansion of package sales or stores.
Deputy City Attorney Boksner added that they included the provision, between first and
second reading, referring to “retail store or” and is consistent with the title. Any
representation that may be made that it requires another reading is inaccurate.
Discussion held.
Kent Harrison Robbins, Esq., representing CVS Health and Boost Development, stated
that his client previously agreed not to sell individual bottles of wine or beer; however, they
were not expecting that this Ordinance would be proposed in the sense of impacting their
retail store. When presented before the Planning Board, it addressed package stores and
sales of packages of alcohol beverage establishments but did not include retail stores.
The title of the Ordinance is prohibiting package stores in the MXE District. This was
never discussed at Planning level or during first reading. This amendment adding sales at
retail stores in the MXE District is something new to them. They understand the City’s
concern; however, to prohibit and ban all alcohol sales does not make sense in what they
are trying to do. On Washington Avenue, there are nine stores that sell wine and beer on
an individual basis, and that is the problem in the purchase of single cans by people that
cannot afford a six-pack. He believes that there is a substantial violation of the notice
provisions under the Statute and the lack of notice, they request taking the provision out
as to retail sales, or amend it to prohibit retail sales of individual sale at these retail stores.
Ian De Mello, Esq., representing Infinity Group Real Estate, objects to the Ordinance
because the amendments violated due process and notice requirements. He agrees with
Mr. Robbin’s comments but added that the last minute change in the scope without
mention in a public hearing presents an unfair surprise and an adversely affects an entire
class of property owners. He expressed their views and right to challenge these actions
and added that this material change in the substance of the Ordinance changes the
original purpose, and renders the advertised title misleading.
Commissioner Arriola stated that this has been discussed, and is one of the keys
provisions of the 10-Point Plan for Ocean Drive. CVS stores are very effective liquor store
operations and alcohol sales are important to their operation, but they are selling liquor
and that is the key element of their business. There are so many items CVS’s can sell, but
alcohol is what significantly impacts the revenue of these businesses.
Mike Palmer, Clevelander Hotel, added that the issue is that a great deal of the operators
have cleaned up the streets, but the biggest issue is retail. To go and add more retail and
package liquor to the mix is going in the wrong direction. There is a CVS on 10 th and
Collins, and one on 13 th Street, but they do not need anymore; it is not good for the
community and they need to be smart and make the right decision for the community.
Discussion held.
Alexander Tachmes urged the City Commission to adopt the Ordinance. He added that at
the last City Commission adopted the 10-Point Plan for Ocean Drive, which is one of the
most significant actions the City has taken in years, in regards to Ocean Drive, but
progress will not materialize if you take one-step forward and one-step back. Cohesive
comprehensive approach to Ocean Drive is needed, and what is going to lead to
progress. This will take them a step back.
After Action October 19, 2016 Commission Meeting City of Miami Beach
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Commissioner Malakoff co-sponsored the Ordinance, and she asked the attorneys in the
audience on behalf of CVS to agree voluntarily not to sell single cans of alcoholic
beverages, as this would help in trying to control the homeless population in the City.
Walgreens has committed to do that and she asked CVS representatives to do the same.
Commissioner Alemán added that they do not need more package liquor sales in the MXE
District.
Commissioner Rosen Gonzalez does not agree with the over regulation, and asked if this
Ordinance can be reversed if the homeless situation does not improve. City Attorney
Aguila answered in the affirmative. She suggested, rather than passing legislation, to have
Code Compliance Officers actually create an ambiance that will result in a change. She
will support the item, but asked that they look for solutions.
Mr. Robbins spoke.
Vice-Mayor Grieco added that his understanding is that this Ordinance went to the
Planning Board, but the portion that was discussed there did not contemplate the issue
that now impacts CVS.
Deputy City Attorney Boksner stated that the retail store language did not go to the
Planning Board.
Vice-Mayor Grieco added that he has a serious concern about equity and the message
that it sends. Despite what kind of business it is, there was a legal application submitted,
and he is not sure what kind of message this will send to business owners if approved
with the added language. He does not think changing the law at this time is equitable for
business owners and sends the wrong message to try to shut something down at the 11 th
hour. He thinks it is bad policy.
Commissioner Steinberg stated that this is something they have been discussing for a
long time; it is not only about the homeless population, but it is about anyone that can buy
a single alcohol can. They are talking about cleaning up areas in the City to try to have a
better quality of life and be a better destination. It is a positive direction to move forward to
where they want ultimately be and agrees in moving forward.
Mayor Levine appreciates Vice-Mayor Grieco’s comments, but the reality is that they are
trying to improve the Ocean Drive Entertainment District. They may want to expand this to
other areas but he is in support of the Ordinance.
Commissioner Arriola explained that this is similar legislation as to the Styrofoam
Ordinance, and if Publix had built their business around selling Styrofoam, it has a bad
adverse effect on the City. CVS is clearly here to fight this because alcohol sales are very
important to them, and this is the problem they are trying to address. There are too many
CVSs and Walgreens in the MXE District because alcohol sells, and as Commissioners,
they are trying to get a handle on this.
Discussion continued regarding enforcement.
Commissioner Alemán explained that the problem is that the delivery method of the
product does not work.
After Action October 19, 2016 Commission Meeting City of Miami Beach
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Raul J. Aguila, City Attorney, reiterated Deputy City Attorney Boksner’s comments; he is
in disagreement with Kent Harrison Robbins and Ian Di Mello regarding the noticing issue.
This title is sufficiently broad to allow the City Commission to make amendments on the
floor that do not significantly alter the intent of the Ordinance as prescribed in the title, and
there is Case Law to that point. The title defines package liquor stores with overall
language prohibiting package liquor sales in the MXE District. The fact that they have
added retail stores to that definition does not make a second reading defective. This
argument is misleading. The notice is completely defensible and within what is permitted
under Case Law.
Kent Harrison Robbins, Esq., stated, for the record, that the actual advertisement refers to
MXE package store prohibition, and is misleading to include retail stores.
Discussion continued.
Commissioner Malakoff stated that Walgreens has committed Citywide not to sell single
sale of alcoholic cans. She hopes that CVS would like to be a good corporate citizen and
agree to the same.
Mr. Robbins will consult with CVS management.
Commissioner Steinberg would like to look at other areas in the City where this would
make sense.
Commissioner Arriola suggested expanding this to the North Beach area.
Handouts or Reference Materials:
1. Ad 1224 published in The Miami Herald
2. Ad 1227 published in The Miami Herald
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 44 of 116
3:09:00 p.m.
R5 P COLLINS PARK ARTS DISTRICT OVERLAY:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE III, "OVERLAY DISTRICTS," DIVISION 7, "CULTURAL ARTS
NEIGHBORHOOD DISTRICT OVERLAY (CANDO)," BY RENAMING THE DISTRICT AS
THE "COLLINS PARK ARTS DISTRICT OVERLAY," REDUCING THE BOUNDARIES OF
THE OVERLAY DISTRICT, PERMITTING OUTDOOR ENTERTAINMENT
ESTABLISHMENTS AS A MAIN PERMITTED USE WITHIN AREAS WITH AN
UNDERLYING CD-2 "COMMERCIAL, MEDIUM INTENSITY DISTRICT" AND CD-3
"COMMERCIAL, HIGH INTENSITY DISTRICT" ZONING DESIGNATION, PERMITTING
RESTAURANTS, SIDEWALK CAFES, AND OUTDOOR ENTERTAINMENT AS
ACCESSORY USES FOR HOTELS WITHIN AREAS WITH AN UNDERLYING RM-2,
"RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY' ZONING DESIGNATION, AND
REMOVING REGULATIONS FOR MINIMUM AND AVERAGE UNIT SIZE AND MIXED
USE FLOOR AREA RATIO (FAR) INCENTIVES; AMENDING CHAPTER 122 OF THE
CITY CODE, ENTITLED "CONCURRENCY MANAGEMENT," AUTHORIZING THE CITY
COMMISSION TO EXEMPT TEMPORARY USES IN THE PUBLIC RIGHT OF WAY IN
THE COLLINS PARK ARTS DISTRICT OVERLAY FROM CONCURRENCY
REQUIREMENTS BY RESOLUTION; AMENDING CHAPTER 82 OF THE CITY CODE,
"PUBLIC PROPERTY," ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-WAY;" DIVISION 5,
"SIDEWALK CAFES," SUBDIVISION II, ENTITLED "PERMIT," EXEMPTING SIDEWALK
CAFES LOCATED IN THE COLLINS PARK ARTS DISTRICT OVERLAY FROM
SQUARE FOOTAGE SIDEWALK CAFE FEES; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE.
11:15 a.m. First Reading Public Hearing Planning
Commissioner Ricky Arriola
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance
adopted on first reading. Motion made by Commissioner Malakoff; seconded by Vice-
Mayor Grieco. Ballot vote: 7-0. Second Reading, Public Hearing scheduled for November
9, 2016. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if
received. Thomas Mooney to handle.
MOTION ACCEPTING LUDC RECOMMENDATION:
Pursuant to Section 2-13 of the Code, motion accepting the Land Use and Development
Committee’s recommendation of this Ordinance was made by Commissioner Alemán,
seconded by Commissioner Malakoff; Voice vote: 7-0.
Rogelio Madan, Principal Planner, introduced the item, which replaces the CANDO
District that was seldom used with the Collins Park Arts District Overlay. This overlay
allows for outdoor entertainment within the CD-2 and CD-3 areas of that zone, as well as
the RM-2 areas. Entertainment must end at 10:00 p.m. during the week, and at midnight
during weekends. Limited music is allowed by string instruments, solo vocalists, and DJs
playing at ambient level. Sidewalk cafes are limited to 30 seats. The administration
recommends approving this item.
Ray Breslin stated that this has been a long time coming. The Cultural Arts Neighborhood
District Overlay (CANDO) never took off; and he hopes the City Commission approves
this item.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 45 of 116
Handouts or Reference Materials:
1. Ad 1229 published in The Miami Herald
2. Ad 1227 published in The Miami Herald
3:13:28 p.m.
R5 Q AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE MIAMI BEACH CITY CODE,
ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE II, ENTITLED "CARE AND
MAINTENANCE OF TREES AND PLANTS," BY AMENDING DIVISION 2, ENTITLED
"TREE PRESERVATION AND PROTECTION"; BY AMENDING THE DEFINITIONS IN
SECTION 46-56, BY AMENDING THE PROVISIONS IN SECTION 46-58 REGARDING
TREE REMOVAL REQUIREMENTS, BY AMENDING THE PROVISIONS IN SECTION
46-59 TO PROVIDE AN APPEAL PROCEDURE FOR TREE WORK PERMIT DENIALS,
BY AMENDING PROVISIONS IN SECTION 46-61 REGARDING THE REPLACEMENT
OF REMOVED PROHIBITED SPECIES AND THE CITY'S TREE PRESERVATION
TRUST FUND, BY AMENDING TREE PROTECTION SPECIFICATIONS, TREE
PRUNING REGULATIONS, AND THE EXCEPTIONS IN SECTION 46-62, BY
AMENDING REGULATIONS REGARDING HERITAGE TREES IN SECTION 46-63, BY
AMENDING PROVISIONS REGARDING ENFORCEMENT AND PENALTIES IN
SECTION 46-67, AND BY REPLACING ALL REFERENCES TO THE PUBLIC WORKS
DEPARTMENT, OR DIRECTOR, THROUGHOUT DIVISION 2 WITH ENVIRONMENT
AND SUSTAINABILITY DEPARTMENT, OR DIRECTOR, OR HIS OR HER DESIGNEE,
THE URBAN FORESTER, AS MORE SPECIFICALLY SET FORTH THEREIN;
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE
DATE.
11:20 am. Second Reading Public Hearing Environment and Sustainability
First Reading on September 14, 2016 - R5 Al Commissioners Joy Malakoff and
John Elizabeth Alemán
ACTION: Title of the Ordinance read into the record. Item opened and continued by
acclamation to the November 9, 2016 Commission Agenda. Rafael E. Granado to notice.
Lilia Cardillo to place on the Commission Agenda, if received. Elizabeth Wheaton to
handle.
Mitch Novick thanked City Manager Morales for replacing the palm trees.
Handouts or Reference Materials:
1. Ad 1224 published in The Miami Herald
2. Ad 1227 published in The Miami Herald
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 46 of 116
3:15:33 p.m.
R5 R AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING ORDINANCE NO. 1335, THE CLASSIFIED
EMPLOYEES' LEAVE ORDINANCE, BY AMENDING THE PROVISIONS IN SECTION
12, ENTITLED "OTHER LEAVES WITH COMPENSATION" TO PROVIDE FOR PAID
PARENTAL LEAVE, AND, BY AMENDING THE PROVISIONS IN SECTION 16,
ENTITLED "COLLECTIVE BARGAINING CONTINGENCY," TO PROVIDE PAID
PARENTAL LEAVE BENEFITS SUBJECT TO COLLECTIVE BARGAINING AND UNION
APPROVAL FOR EMPLOYEES IN CLASSIFICATIONS GOVERNED BY UNION
CONTRACTS; PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
11:25 am. Second Reading Public Hearing Human Resources
First Reading on September 27, 2016 - R5 L Commissioner Kristen Rosen Gonzalez
ACTION: Title of the Ordinance read into the record. Heard in conjunction with R5 S.
Public Hearing held. Ordinance 2016-4048 adopted. Motion made by Commissioner
Rosen Gonzalez; seconded by Commissioner Steinberg. Ballot vote: 7-0. Sonia Bridges
to handle.
Language in Section 12 and 16 is proposed to clarify that there is only one leave period
per birth, adoption, or foster care placement, regardless of the number of children born,
adopted by the employee, or placed in the employee’s home through foster care.
Raul J. Aguila, City Attorney, introduced the item, which would give unclassified and
classified City employees after one year of service with the City a six-week paid parental
leave.
Commissioner Rosen Gonzalez stated that she read Sheryl Sandberg’s feminist
manifesto: “Lean in,” which explains several reasons why women leave the workplace
including parental leave. She believes this legislation will save significant costs, and help
new parents be happier, because they do not have to worry about their jobs.
Commissioner Steinberg commended her colleague for bringing this legislation forward.
Sonia Bridges, Human Resources Risk Manager, explained that there was a change
made between first and second reading to specify that the six-week leave is per birth.
Handouts or Reference Materials:
1. Ad 1224 published in The Miami Herald
2. Ad 1227 published in The Miami Herald
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 47 of 116
3:15:33 p.m.
R5 S AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING ORDINANCE NO. 1613, THE UNCLASSIFIED
EMPLOYEES' LEAVE ORDINANCE, BY AMENDING THE PROVISIONS IN SECTION
10, ENTITLED "OTHER LEAVES WITH COMPENSATION" TO PROVIDE FOR PAID
PARENTAL LEAVE; PROVIDING FOR REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
11:30 a.m. Second Reading Public Hearing Human Resources
First Reading on September 27, 2016 - R5 M Commissioner Kristen Rosen Gonzalez
ACTION: Title of the Ordinance read into the record. Item heard in conjunction with item
R5 R. Public Hearing held. Ordinance 2016-4049 adopted. Motion made by
Commissioner Rosen Gonzalez; seconded by Commissioner Steinberg. Ballot vote: 7-0.
Sonia Bridges to handle.
Language in Section 1.10c is proposed to clarify that there is only one leave period per
birth, adoption, or foster care placement, regardless of the number of children born,
adopted by the employee, or placed in the employee’s home through foster care.
Handouts or Reference Materials:
1. Ad 1227 published in The Miami Herald
3:20:27 p.m.
R5 T AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES
SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, IN ACCORDANCE
WITH THE NEGOTIATED COLLECTIVE BARGAINING AGREEMENT, PROVIDING FOR
QUALIFYING INCUMBENTS IN THE CLASSIFICATIONS IN GROUP V, REPRESENTED
BY THE GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA (GSAF), OPEIU,
LOCAL 100, AS FOLLOWS: EFFECTIVE THE FIRST PAY PERIOD ENDING IN APRIL
OF 2016, THERE SHALL BE AN ACROSS-THE-BOARD COST-OF-LIVING
ADJUSTMENT (COLA) OF ONE PERCENT (1%), AND THE MINIMUM AND MAXIMUM
OF EACH SALARY RANGE WILL ALSO BE INCREASED BY ONE PERCENT (1%);
EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2017, THERE SHALL BE
AN ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE
PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH SALARY RANGE WILL
ALSO BE INCREASED BY THREE PERCENT (3%); EFFECTIVE THE FIRST PAY
PERIOD ENDING IN JULY OF 2018, THERE SHALL BE AN ACROSS-THE-BOARD
COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE
MINIMUM AND MAXIMUM OF EACH SALARY RANGE WILL ALSO BE INCREASED BY
THREE PERCENT (3%); PROVIDING FOR REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
11:35 am. Second Reading Public Hearing Human Resources
First Reading on September 27, 2016 - R5 E Mayor Philip Levine
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance
2016-4050 adopted. Motion made by Commissioner Alemán; seconded by Commissioner
Malakoff. Ballot vote: 7-0. Michael Smith to handle.
Michael Smith, Human Resources Director, introduced the item. It is an amendment to the
employee classified Ordinance to make salary ranges consistent with the GSAF approved
employment contract in September. The proposed changes are the following:
After Action October 19, 2016 Commission Meeting City of Miami Beach
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1. Implementation of a one percent across the board cost of living adjustment (COLA),
effective the first full pay period ending April of 2016, for all bargaining unit employees
covered by the GSAF, and providing for an increase to the minimum and maximum of
each pay range correspondingly by one percent (1%). The one percent (1%) COLA,
effective with the first full pay period in April of 2016, represents an impact of
approximately $26,000 for members covered by the GSAF.
2. Implementation of a three percent (3%) across the board COLA, effective the first full
pay period ending July of 2017, for all bargaining unit employees covered by the
GSAF, and providing for an increase to the minimum and maximum of each pay range
correspondingly by three percent (3%). The three percent (3%) COLA, effective with
the first full pay period in July of 2017, represents an impact of approximately $91,500
for members covered by the GSAF.
3. Iimplementation of a three percent (3%) across the board COLA, effective the first full
pay period ending July of 2018, for all bargaining unit employees covered by the
GSAF, and providing for an increase to the minimum and maximum of each pay range
correspondingly by three percent (3%). The three percent (3%) COLA, effective with
the first full pay period in July of 2018, represents an impact of approximately
$250,500 for members covered by the GSAF.
Handouts or Reference Materials:
1. Ad 1228 published in The Miami Herald
3:22:13 p.m.
R5 U AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, PERTAINING TO ESTABLISHING A TEMPORARY MORATORIUM
FOR A PERIOD OF 180 DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE
ON THE ACCEPTANCE, REVIEW, APPROVAL OR ISSUANCE OF ANY LAND
DEVELOPMENT PERMITS AS THE TERM IS DEFINED IN FLORIDA STATUTES
SECTION 163.3164(16), BUSINESS TAX RECEIPTS OR ANY OTHER LICENSE OR
PERMIT FOR THE ESTABLISHMENT OR OPERATION OF DISPENSING FACILITIES
WITHIN THE CITY ENGAGED IN THE ON-SITE DISTRIBUTION, SALE, DELIVERY OR
RETAIL OF LOW-THC CANNABIS, MEDICAL CANNABIS OR CANNABIS DELIVERY
DEVICES PURSUANT TO SECTIONS 381.986 AND 499.0295 OF THE FLORIDA
STATUTES, IN ORDER TO PROVIDE THE CITY WITH AN OPPORTUNITY TO REVIEW
AND ENACT REGULATIONS GOVERNING THE ESTABLISHMENT AND OPERATION
OF DISPENSING FACILITIES; PROVIDING PENALTIES FOR VIOLATION HEREOF;
PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE
PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO
OCTOBER 19, 2016; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE
SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE, AND NO
APPLICATIONS FOR DEMOLITION WITHIN THE DESIGNATED AREA SHALL BE
ACCEPTED BY THE CITY.
11:40 a.m. First Reading Public Hearing Planning
Commissioner Ricky Arriola
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance
adopted on first reading. Motion made by Commissioner Arriola; seconded by
Commissioners Alemán and Malakoff. Ballot vote: 6-0; Abstained: Vice-Mayor Grieco.
Second reading, Public Hearing scheduled for November 9, 2016 . Rafael E. Granado to
notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas Mooney to
handle.
After Action October 19, 2016 Commission Meeting City of Miami Beach
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Vice-Mayor Grieco recused himself and explained that his law firm represents a client who
does not presently, but may in the future have a business in Florida affected by this item.
Raul J. Aguila, City Attorney, introduced the item and stated that it creates a six month
moratorium from the effective date of the Ordinance for development orders, permits,
Business Tax Receipts (BTRs), and anything else relating to medical marijuana medical
dispensary facilities.
Commissioner Rosen Gonzalez believes this is a great idea, and medical marijuana
needs to be properly regulated to avoid the chaotic scene in Colorado when recreational
marijuana was first legalized.
Commissioner Arriola stated that if medical marijuana passes in November, Miami Beach
would be an attractive place to introduce these establishments. Medical marijuana
dispensaries should be placed near medical facilities such as Mount Sinai, and not in the
MXE district or near schools.
Commissioner Malakoff stated that they need to tailor this Ordinance for Miami Beach.
Handouts or Reference Materials:
1. Ad 1231 published in The Miami Herald
2. Form 8B signed by Vice-Mayor Grieco, No. 133
Clerk’s Note Relating to Form 8B, No. 133: Emails between City Attorney Raul Aguila and
Commissioner Michael Grieco, wherein Commissioner Grieco informs that he has divested himself
of the conflict of interest by virtue of Commissioner Grieco’s client no longer seeking to do business
in Miami Beach. City Attorney Aguila opines that Commissioner Grieco is therefore not precluded
from discussing and voting on Agenda item R5 A (Second Reading of the Medical Cannabis
Moratorium Ordinance) in the November 9, 2016 Commission meeting. Additionally Commissioner
Grieco is not precluded from discussing and voting on the proposed regulation of Medical Marijuana
Dispensaries Ordinance that is before the Land Use & Development Committee.
9:11:06 p.m.
R5 V AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 102 OF THE CODE OF THE CITY OF MIAMI
BEACH, ENTITLED "TAXATION," BY AMENDING ARTICLE V, ENTITLED "LOCAL
BUSINESS TAX," BY AMENDING SECTION 102-379, "SCHEDULE OF TAXES," BY
CREATING THE BUSINESS TAX CATEGORY OF "SHORT TERM RENTALS," AND
UPDATING THE "SCHEDULE OF TAXES;" PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
First Reading Finance
Continued from September 27, 2016 - R5 H Commissioner John Elizabeth Alemán
and Vice-Mayor Michael Grieco
ACTION: Title of the Ordinance read into the record. Ordinance adopted on first
reading. Motion made by Commissioner Malakoff; seconded by Vice-Mayor Grieco. Ballot
vote: 7-0. Second reading, Public Hearing scheduled for November 9, 2016 . Rafael E.
Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Allison
Williams to handle.
City Manager Morales explained that this item is to increase efforts to regulate and
enforce issues involving short-term rentals. Currently there is no short-term rental
category within the Business Tax Receipt (BTR) Ordinance, which makes it hard to track.
After Action October 19, 2016 Commission Meeting City of Miami Beach
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This would grant a specific BTR category for short-term rentals. Doing so, will allow the
monitoring of short-term rentals moving forward.
Vice-Mayor Grieco stated that there is a related item that will go into what the pre-
requisites are to obtain a BTR, and is a good policy to regulate short-term rentals and
being able to inform people as to who can and who cannot do it, and what is the process
for compliance.
Commissioner Alemán co-sponsored the item and worked with staff to develop web
functionality and tools to help landlords find good tenants that are not going to sublet
illegally from under them, and this new category was necessary to enable that.
9:13:58 a.m.
R5 W AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 102 OF THE CODE OF THE CITY OF MIAMI
BEACH, ENTITLED "TAXATION," BY AMENDING ARTICLE V, ENTITLED "LOCAL
BUSINESS TAX," BY AMENDING SECTION 102-377 THEREOF ENTITLED
"PENALTIES, ENFORCEMENT; COLLECTION OF DELINQUENT FEES AND TAXES,
AND CRIMINAL PENALTIES," BY ESTABLISHING A MODIFIED PENALTY AND
ENFORCEMENT PROVISION WHICH DELINEATES MONETARY FINES AND
CRIMINAL PENALTIES; BY CREATING SECTION 102-386 THEREOF TO BE ENTITLED
"PROPERTY OWNER'S RESPONSIBILITIES REGARDING LEGALLY PERMISSIBLE
TRANSIENT RENTAL AND OCCUPANCY (SHORT TERM) OF RESIDENTIAL
PROPERTY," BY PROHIBITING PROPERTY OWNERS FROM ADVERTISING THE
TRANSIENT RENTAL OR OCCUPANCY OF A RESIDENTIAL PROPERTY WITHOUT
THE SUBMISSION OF AN AFFIDAVIT TO THE CITY, BY REQUIRING THE AFFIDAVIT
TO CONFIRM THAT THE LAND DEVELOPMENT REGULATIONS AUTHORIZE
TRANSIENT RENTAL AND OCCUPANCY; AND ENSURING THAT THE PROPERTY
OWNER OBTAINS COMPLIANCE WITH THOSE PROVISIONS SET FORTH WITHIN
CHAPTER 102, THE AMERICAN DISABILITIES ACT, THE FLORIDA FIRE
PREVENTION CODE AND THE FLORIDA BUILDING CODE; AND BY FURTHER
REQUIRING WRITTEN AUTHORIZATION FROM THE CONDOMINIUM ASSOCIATION
FOR THE TRANSIENT RENTAL OR OCCUPANCY OF THE RESIDENTIAL PROPERTY
OR UNIT; AND REQUIRING NOTIFICATION TO PROSPECTIVE GUESTS BY
PROPERTY OWNERS THAT OPERATE INDEPENDENTLY OF THE PRIMARY HOTEL
OPERATOR; AND ESTABLISHING A PENALTY PROVISION FOR VIOLATIONS OF
THIS SECTION; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE
First Reading Office of the City Attorney
Deferred from September 27, 2016 - R5 K Commissioner Joy Malakoff and
John Elizabeth Alemán and Co-Sponsored by Vice-Mayor Michael Grieco
ACTION: Title of the Ordinance read into the record. Ordinance adopted on first
reading as amended. Motion made by Commissioner Steinberg; seconded by
Commissioner Malakoff. Ballot vote: 7-0. Second reading, Public Hearing scheduled for
November 9, 2016 . Rafael E. Granado to notice. Lilia Cardillo to place on the
Commission Agenda, if received. Office of the City Attorney to handle.
AMENDMENTS:
• Written warning for first offense.
• Final offense results in revocation of Business Tax Receipt (BTR).
• Inclusion of Affidavit electronically (on line).
After Action October 19, 2016 Commission Meeting City of Miami Beach
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Raul J. Aguila, City Attorney, advised that there is a revised Ordinance with clarifications
and corrections distributed by the sponsor of the item, and they are working from that
draft.
Aleksandr Boksner, Deputy City Attorney, explained that this is a mechanism by which
they are requiring those legally authorized to engage in transient rentals, in order to
conform with laws and Ordinances, specifically obtaining a BTR, a resort tax account and
other concepts and components necessary in order to engage in transient rentals,
provided that they meet certain zoning or requirements. Affidavits are required to be
submitted in order to engage in lawful transient rental, and there are penalties associated
as well for failure to obtain a BTR within 30 days, which is a modification of Section 102-
377 of the Code, which does in fact create a monetary fine.
Commissioner Rosen Gonzalez suggested outsourcing this task and asked if there will be
a warning before a penalty is issued. People should get a warning via email or a
notification first.
Deputy City Attorney Boksner stated that Commissioner Rosen Gonzalez’s suggestion is
a policy decision.
Vice-Mayor Grieco explained that this Ordinance is very comprehensive and well written.
The affidavit could be done virtually by creating a platform for users to do that. He
suggested that the BTR be a for any advertising done, listing the property with the BTR
number showing that they are in compliance with the City as it relates to short-term
rentals.
Commissioner Malakoff agrees that a notification should be given first before a penalty is
issued, and it is important to communicate to the property owners in the City and let them
know that single-family homes cannot be rented. There are no short-term rentals in single
residential areas. Hernan Cardeno and Tonya Daniels to handle.
Discussion held.
Commissioner Rosen Gonzalez suggested making the information available digitally and
user friendly; thereby, streamlining the process. She requested outsourcing technology
and adding language to the Ordinance stating that they will use technology to carry this
out and avoid residents to have to come in to City Hall.
Discussion held.
Commissioner Arriola asked if the City has a webpage for short-term rental information,
and if there is a list of rentals that will make it easy for property owners to know if they are
allowed to have short-term rentals.
Commissioner Alemán referred to item R9 I, which discusses this issue.
Marcia Monserrat, Special Projects Coordinator, informed the website that shows a map
at www.practicesaferenting.com ; this lists all properties that currently have BTR and
includes a map where it shows where to rent legally.
Commissioner Rosen Gonzalez suggested paying a subscription for Host Compliance for
a monthly fee, and this scans every single short-term rental website and it tells us the
After Action October 19, 2016 Commission Meeting City of Miami Beach
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information, so this information could be plugged to the website. This would be easier than
maintaining our own technology and it does everything including generating emails.
Allison Williams, Chief Financial Officer, in answering Commissioner Steinberg’s question,
explained that residents could apply for a BTR online; for renewals, they send notices on
a yearly basis. This could be paid online or by check and the BTR is mailed out.
Discussion continued.
City Attorney Aguila reiterated that the action is to have a dual warning before the first
fine, and upload the Affidavit online.
Michael Llorente, Esq., representing Fontainebleau Hotel/Turnberry Associates, stated
that they strongly support the item in regulating this ramping practice. The legislation
imposes regulations and requirements on short-term rentals; it protects residents, protects
legitimate condominium hotel operators and the out of town visitors and tourists. He
added two suggestions, one as it relates to individual condominium hotel units advertised
online platform, there should be a clear notice in every one of those advertisements
alerting the consumer that those units are not part of the hotel’s rental pool, and if any
concerns, they should contact the owner. Secondly, in regards to penalties, if there are
repeat offenders that continue ignoring rules, the penalty should escalate and at some
point result in the revocation of BTR.
Commissioner Steinberg agreed and asked the Office of the City Attorney if it is
permissible for the City to revoke a BTR.
Aleksandr Boksner stated that there is a provision that provides notification, it requires the
non-hotel operator to provide notification to perspective guests that they are not part of the
hotel pool and are not entitled to these amenities. Revoking a BTR is within the authority
of the City Manager to do if there is a violation, depending on who obtains a BTR.
Discussion continued.
Frank Del Vecchio suggested permitting condominium associations to submit an affidavit
notarized with the citation to the provision of the bylaws or house rules that prohibit short-
term rentals and facilitate a list of condominiums as well as the zones in which short-term
rentals are prohibited.
Deputy City Attorney Boksner stated that there is a provision that requires the prospective
individual to obtain authorization for the property owners to engage in transient rentals.
Mr. Del Vecchio spoke.
Commissioner Malakoff asked about the process of revocation of BTR.
Deputy City Attorney Boksner explained that there is a suspension of revocation
proceeding provision that is within Chapter 102. This is ultimately reviewed by the City’s
Special Master.
Discussion continued regarding “Three Strikes, You’re Out.”
Tom Martinelli spoke.
After Action October 19, 2016 Commission Meeting City of Miami Beach
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Discussion held.
Deputy City Attorney Boksner stated that in terms of obtaining compliance with the BTR
that would be done through the City’s website.
Vice-Mayor Grieco stated that it would be a terrible policy move to allow Airbnb or any
platform to be the go between. They need to have direct relationship with the BTR holder,
and the process should be done through the City, so as not to lose control.
Commissioner Rosen Gonzalez stated that not to use technology to take care of this
would be bad business for the City. There are several companies that they can put out to
bid.
Discussion continued regarding outsourcing.
Commissioner Alemán directed the City Manager to ask staff to come back with
information relating to these services or host services providers that can add to the
process to help the City prioritize Code enforcement efforts. She requested that a
presentation be done about the different types of services available.
Jimmy L. Morales, City Manager, stated that staff had three different companies referred
to them, and Commissioner Rosen Gonzalez referred an item to
Neighborhood/Community Affairs Committee, where the various companies can be
discussed and perhaps go out to bid competitively.
Commissioner Steinberg suggested including an amendment to the motion of the potential
revocation of the BTR if there is non-compliance within a certain timeframe.
Discussion held.
City Attorney Aguila reiterated that the third amendment is to include revocation of the
BTR as a penalty for the last fine tier.
Aleksandr Boksner, Deputy City Attorney, summarized the amendments between first and
second reading to the fines: first offense–written warning; final offense–revocation of BTR
and inclusion of affidavit electronically.
Moni Cohen spoke regarding an Airbnb scam.
Discussion continued.
City Attorney Aguila stated that the intent is to take the burden off staff and put the burden
on the property owner.
Commissioner Alemán stated that in this budget cycle they added more dedicated Code
Enforcement Officers to tend to this issue.
Commissioner Rosen Gonzalez stated that they need to revisit the fine schedule, as there
are property owners that rent rooms to help them financially.
Handouts or Reference Materials:
1. Draft Ordinance distributed at the dais.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 54 of 116
9:43:32 a.m.
R5 X 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 82-503 THEREOF, ENTITLED "NAMING OF
PUBLIC FACILITIES; CO-NAMING AND RE-NAMING OF STREETS," BY AMENDING
SUBSECTIONS (C)(1)(A) AND (C)(2)(A) TO PROVIDE ADDITIONAL CRITERIA AND
PROCEDURES FOR THE CO-NAMING OF STREETS, PROVIDING SUNSET
PROVISIONS THEREFOR, AND CORRECTING MINOR SCRIVENER'S ERRORS IN
SUBSECTIONS (C)(1) AND (C)(2); PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
First Reading Transportation
Mayor Philip Levine
ACTION: Title of the Ordinance read into the record. Ordinance adopted on first
reading. Motion made by Commissioner Arriola; seconded by Commissioner Alemán.
Ballot vote: 7-0. Second reading, Public Hearing scheduled for November 9, 2016 . Rafael
E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Jose
Gonzalez to handle.
MOTION ACCEPTING NCAC RECOMMENDATION:
Pursuant to Section 2-13 of the Code, motion accepting the Neighborhood/Community
Affairs Committee’s recommendation of this Ordinance was made by Commissioner
Alemán, seconded by Commissioner Malakoff; Voice vote: 7-0.
Raul J. Aguila, City Attorney, stated that this arose after a discussion following the death
of Mohammed Ali, and the desire to consider the naming of a street in the City after
Mohammed Ali. Current City Code has very limited provisions for co-naming City streets;
therefore, following the referral to the Neighborhood/Community Affairs Committee, the
Committee approved an amendment to the Code that would allow the co-naming or
renaming streets for deceased persons who achieved international acclaim as a world
champion in a sport, and whose sport career association was in City facility or have a
historic value or significance to the City. Once this becomes part of the naming Ordinance,
if the City Commission wants to proceed with co-naming the street after Mohammed Ali,
they can do so. One further recommendation from the Neighborhood/Community Affairs
Committee was to sunset this provision after six months. They need to amend the
Ordinance first.
Commissioner Malakoff placed a referral to the Neighborhood/Community Affairs
Committee to discuss the internationally renowned photographer Andy Sweet, who
photographed old Miami Beach retirees in South Beach and died at a young age. She
requested co-naming a street after Andy Sweet, and asked if this could be expanded to
art figures.
City Attorney Aguila explained that they could proceed with this amendment for sports
figures now, and the co-naming a street after Andy Sweet would require an additional
amendment to the Ordinance, and that can be referred for discussion to Committee. Other
Commissioners have explored the desire to revisit the Code for co-naming streets.
Discussion held.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 55 of 116
Commissioner Steinberg cautioned everyone that when they open a door like that, it is
very hard and subjective, and it is hard to say no. They need to be cautious in how they
do what they do, and whether or not they want to follow that path. There is a reason why
this has a narrow definition.
R5 Y AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 98 OF THE MIAMI BEACH CITY CODE
ENTITLED "STREETS AND SIDEWALKS," AMENDING ARTICLE III, ENTITLED
"EXCAVATIONS;" AMENDING DIVISION 2, ENTITLED "PERMIT," AMENDING
SECTION 98-92, ENTITLED "APPLICATION; AMOUNT OF DEPOSIT; USE OF
DEPOSIT TO REPLACE SURFACE; PERMIT FEE," BY AMENDING APPENDIX A,
ENTITLED "FEE SCHEDULE"; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
First Reading Transportation
PENDING SPONSOR
ACTION: Item deferred to November 9, 2016 . Lilia Cardillo to place on the Commission
Agenda, if received. Jose Gonzalez to handle.
Handouts or Reference Materials:
1. Email from Jimmy Morales dated October 18, 2016 RE: Withdrawals.
9:49:32 a.m.
10:05:02 a.m.
R5 Z AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE MIAMI BEACH CITY CODE,
ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED
"METERED PARKING," BY AMENDING DIVISION I, ENTITLED "GENERALLY," BY
AMENDING SECTION 106-46, ENTITLED "INDIVIDUAL PARKING SPACE; METHOD
OF PARKING"; CREATING SUBSECTION (C), SCOOTER, MOPED, MOTORCYCLE
DESIGNATED PARKING SPACES AND PROHIBITIONS; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
First Reading Parking
Commissioner John Elizabeth Alemán
Co-Sponsored by Vice-Mayor Grieco
ACTION: Title of the Ordinance read into the record. Item opened and continued to
October 26, 2016 by acclamation. Ordinance not adopted. Lilia Cardillo to place on the
Commission Agenda, if received. Saul Frances to handle.
Raul J. Aguila, City Attorney, clarified that since the Ordinance was not included in the
Agenda, the item should be opened and continued to October 26, 2016.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 56 of 116
9:49:52 a.m.
R5 AA AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE MIAMI BEACH CITY CODE CHAPTER 38
ENTITLED "ELECTIONS," BY ADDING THE FOLLOWING CITY CODE SECTIONS 38-9
"ELECTRONIC REPORTING/PENALTIES," 38-10 "ELECTRONIC POSTING," AND 38-
11 "TECHNICAL ASSISTANCE," TO PROVIDE FOR ELECTRONIC FILING OF
CAMPAIGN FINANCE REPORTS AS AUTHORIZED PER FLORIDA ELECTION CODE;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
First Reading Office of the City Clerk
Vice-Mayor Michael Grieco
ACTION: Title of the Ordinance read into the record. See also related Item R7 N.
Ordinance adopted on first reading. Motion made by Commissioner Alemán and Vice-
Mayor Grieco; seconded by Commissioner Arriola. Ballot vote: 7-0. Second reading,
Public Hearing scheduled for December 14, 2016 . Rafael E. Granado to notice. Lilia
Cardillo to place on the Commission Agenda, if received. Rafael E. Granado to handle.
Rafael E. Granado, City Clerk, introduced the item. The software provided by VR Systems
will simplify the work in the Office of the City Clerk, and is more user friendly for
candidates, Political Committees, and Electronic Communication Organizations when they
need to file their monthly campaign Treasurer’s Reports. The City of Miami and Doral both
use electronic filing, and 62 out of the 67 Florida counties, as well as Miami-Dade County,
use the same software that the City Clerk is recommending.
9:53:00 a.m.
R5 AB AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA, ENTITLED "ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN
GENERAL," SECTION 6-3 THEREOF, ENTITLED "HOURS OF SALE," TO PROHIBIT
PACKAGE LIQUOR SALES AT RETAIL STORES (INCLUDING PACKAGE, GROCERY,
CONVENIENCE, AND ANY OTHER RETAIL STORES, AS WELL AS GASOLINE
STATIONS/SERVICE STATIONS) AND ALCOHOLIC BEVERAGE ESTABLISHMENTS
BEFORE 10:00 A.M. EACH DAY; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
First Reading Housing and Community Services
Commissioner Joy Malakoff
and Co-Sponsored by Vice-Mayor Grieco
ACTION: Title of the Ordinance read into the record. Ordinance adopted on first
reading. Motion made by Commissioner Malakoff; seconded by Vice-Mayor Grieco. Ballot
vote: 7-0. Second reading, Public Hearing scheduled for November 9, 2016 . Rafael E.
Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Maria
Ruiz to handle.
TO DO:
• Revisit the item six months after approved on second reading. Maria Ruiz to handle.
• Send a letter to Publix and all other major retailers asking them to stop selling
individual beer cans in Miami Beach. Susanne M. Torriente to handle.
Raul J. Aguila, City Attorney, introduced the item, which was recommended by the
Homelessness Committee and the Land Use & Development Committee. It prohibits retail
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 57 of 116
stores, which includes grocery stores, convenience stores, gasoline filling stations, drug
stores, etc. from selling packaged liquor products prior to 10:00 a.m.
Commissioner Malakoff stated that between 8:00 a.m. and 10:00 a.m. there are children
going to school. Prohibiting alcohol sales before 10:00 a.m. will be good for the whole
community. She recommended approving the item.
Valerie Navarrete expressed her support for the item, and in fact, she would like the sale
of alcohol to begin later than 10:00 a.m. This effort must be done Citywide, because
otherwise it creates a balloon effect where people just go elsewhere in the City to
purchase liquor.
Commissioner Steinberg supports the effort, but she has received concerns from people
who do all of their grocery shopping early in the morning, and were displeased with the
blanket provision.
Commissioner Arriola suggested prohibiting the sale of alcohol before 10:00 a.m. during
the weekdays, but permitting alcohol sales at 8:00 a.m. on weekends to help people who
are planning a family picnic, fishing or boat outing.
Discussion continued.
Maria Ruiz, Housing community Services, stated that there is no correlation data on this
issue. She has looked at cities with the greatest homeless population, and they all sell
alcohol as early as 6:00 a.m.
Vice-Mayor Grieco stated that this is a sensible legislation. He recognized the points
made by his colleagues to accommodate for responsible residents who want to purchase
alcohol at an early hour, but several Police Officers have shown him photographs of
people lining up early in the morning outside liquor stores ready to buy alcohol, and this
needs to change. It is an effort worth trying, and it is reversible.
Commissioner Rosen Gonzalez stated that single beer can sales are the problem, and it
is the drink of choice for the homeless population.
Mayor Levine suggested revisiting the item in six months.
Discussion continued.
Commissioner Malakoff also expressed interest in having the item revisited in six months.
Vice-Mayor Grieco stated that the Ordinance needs to pass as-is, and then noted that it
will be revisited in six months after adoption at second reading for review.
City Attorney Aguila stated that the City is pre-empted by the State from banning single
beer container sales.
Commissioner Malakoff added that some retailers have volunteered not to sell single beer
cans in the City.
Mayor Levine requested that the City draft a letter to Publix and all other major retailers to
ask them to stop selling individual cans of beer. Susanne M. Torriente to handle.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 58 of 116
Clerk’s Note:
As requested by the City Commission, on November 4, 2016, City Manager Jimmy L. Morales sent
letters to the Corporate and Store Managers of each Publix, CVS, Walgreens Total Wine, The
Fresh Market and Whole Foods located in the City of Miami Beach. Said letters reads as follows:
As you may be aware, at the October 19, 2016 City Commission meeting, the Mayor and
City Commission adopted an Ordinance on first reading to prohibit package liquor sales at
retail stores (including package, grocery, convenience and any other retail stores, as well
as gasoline stations/service stations) and alcoholic beverage establishment before 10:00
a.m. each day. The second reading/public hearing of the Ordinance is scheduled for
November 9, 2016.
While the City is pre-empted by the State in banning single beer container sales, certain
retail establishments in the City have already volunteered to no longer sell these items. As
such, the Mayor and City Commission respectfully request your cooperation in joining other
retail establishments by voluntarily halting the sale of individual beer cans/bottles at your
establishments within the border of the City of Miami Beach.
10:04: 53 a.m.
SUPPLEMENTAL MATERIAL 1: ADDITIONAL INFORMATION & REVISED ORDINANCE
R5 AC AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI
BEACH, ENTITLED “ADMINISTRATION,” BY AMENDING ARTICLE VII, ENTITLED
“STANDARDS OF CONDUCT,” BY AMENDING DIVISION 2, ENTITLED “OFFICERS,
EMPLOYEES AND AGENCY MEMBERS,” BY AMENDING SECTION 2-458, ENTITLED
“SUPPLEMENTAL ABSTENTION AND DISCLOSURE REQUIREMENTS,” TO PROVIDE
ADDITIONAL DISCLOSURE REQUIREMENTS FOR PUBLIC OFFICERS RELATING TO
PERSONAL RELATIONSHIPS WITH PERSONS DIRECTLY BENEFITED BY A VOTE OF
THE AGENCY ON WHICH THE PUBLIC OFFICER SERVES, AND CLARIFYING
EXISTING PROVISIONS THEREIN; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
First Reading Office of the City Attorney
Commissioner John Elizabeth Alemán
Supplemental updated on 10/17/2016
ACTION: Title of the Ordinance read into the record. Ordinance not adopted. Office of
the City Attorney to handle.
RECOMMENDATION:
Office of the City Attorney to provide language to modernize the definition of family via
LTC.
Raul J. Aguila, City Attorney, stated that he hopes the public and City Commission read
the revised Ordinance and his memorandum in the Supplemental Agenda. He received a
great deal of comments about the potential of having to disclose sexual relationships; and
this was not the intent of the sponsor, it was the overeager drafting of the City Attorney.
He is taking responsibility for how this Ordinance was originally drafted. He and his team
looked at Case Law, and found a Colorado Ordinance that not only required disclosure of
personal relationships by public officials, but also it also required disclosure with regard to
conflicts on voting matters. The disclosure of these relationships was considered
important for the public interest. He added that today, familiar relationships are changing.
People do not have to be married or related to be considered a family or to have a
personal relationship. The intent was to bring something before the City Commission for
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 59 of 116
discussion as to whether it served a public purpose. He thanked the City Commission for
addressing this, and asked for their input.
Commissioner Alemán stated that she worked with the City Attorney to strengthen the
City’s Ethics Ordinance on lobbyist disclosures. At that time, she thought about what
relationships would have more influence on a sitting Commissioner than their campaign
consultant. The existing Ordinance requires City Commissioners to disclose family and
business relationships when the person directly benefits. The amendment based on the
Colorado law added a “personal relationship.” It was meant to be something progressive,
but not salacious. The traditional language of family does not fit the actual description of a
modern family. The Ordinance does not require Commissioners to define the nature of
their relationship, nor did it require them to recuse themselves. The purpose of the
Sunshine Law is for elected officials to have dialogues in public, and the City has always
valued this. She asked the City Attorney to meet with Mr. Joe Centorino of the Miami-
Dade Ethics Commission to modernize the definition of family so that it is enforceable and
not violate anyone’s privacy.
Commissioner Rosen Gonzalez stated that she believes she was personally targeted by
the original language of the Ordinance. She directed her comments to David Custin, and
believes it was no coincidence that Commissioner Alemán began drafting this Ordinance
immediately after the City Commission passed an Ordinance requiring campaign
consultants to disclose whose campaign they were running while lobbying City
Commissioners on the dais. She noted after that Ordinance was passed, Mr. Custin has
been absent from many City Commission meetings. She believes this Ordinance was
payback as David Custin ran Commissioner Alemán’s campaign. This Ordinance would
make every City Commissioner constantly have to disclose relationships. She asked
whether Commissioner Alemán was lobbied by Mr. Custin. She believes Mr. Custin was
also working for the Shore Club, yet did not register as a lobbyist, and did not publicly
speak during several meetings, but he was essential in securing a $1 million deal with the
City. She spoke to Mr. Centorino who said this item is not an ethical consideration but a
Constitutional one.
David Custin stated that he has been working in governmental affairs at various levels in
Florida since 1991, and this is a first. Ninety-nine to 100% of what Commissioner Rosen
Gonzalez stated about him was untrue, and he considers it slander. He explained that he
had nothing to do with the drafting of this Ordinance.
Commissioner Alemán stated that this Ordinance it is not “payback”; it is not intended to
target anyone in particular. She read the current definition of family: “Family shall mean
the spouse, domestic partner, parent, step-parent, in-laws, children and step-children of a
public officer.” She suggested modernizing the language without invading anyone’s
privacy, and for the City Attorney to provide this information via LTC. Office of the City
Attorney to handle.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 60 of 116
10:25:28:00 a.m.
SUPPLEMENTAL MATERIAL 1: MEMORANDUM & ORDINANCE
R5 AD AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI
BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE VI, ENTITLED
"PROCUREMENT," BY AMENDING DIVISION 6, SECTIONS 2-411 THRU 2-425,
ENTITLED "RESERVED," BY CREATING DIVISION 7, TO BE ENTITLED
"SURVEILLANCE TECHNOLOGY CONTRACT PROCEDURES," AND BY
ESTABLISHING NEW SECTIONS 2-411 THRU 2-415 THEREOF, TO BE ENTITLED
"DEFINITIONS; CITY COMMISSION APPROVAL REQUIRED; OLD TECHNOLOGIES TO
BE APPROVED; ANNUAL SURVEILLANCE REPORT; AND PENALTY FOR
VIOLATIONS"; WHICH SETS FORTH THE PURPOSE, OBLIGATIONS AND
RESPONSIBILITIES SURROUNDING THE UTILIZATION OF SURVEILLANCE
TECHNOLOGY THROUGHOUT THE CITY OF MIAMI BEACH; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
First Reading Office of the City Attorney
Vice-Mayor Michael Grieco
Supplemental updated on 10/17/2016
ACTION: Title of the Ordinance read into the record. Ordinance not adopted. Motion
made by acclamation to refer to the Neighborhood/Community Affairs Committee. Morgan
Goldberg to place on the Committee Agenda. Chief of Police Daniel Oates to handle.
REFERRAL:
Item referred to the Neighborhood/Community Affairs Committee.
TO DO:
Have a comparison of policies and practices between Miami Beach and other major cities
such as New York, Boston, Philadelphia, and Washington, D.C. Chief of Police Daniel
Oates to handle.
Jeffrey Hern, President of the Greater Miami Chapter of the ACLU, stated that Miami
Beach has a great opportunity to be a leader in civil liberties. The Fourth Amendment
guarantees the right to privacy, and prohibits government from engaging in warrantless
searches. Technological advances have made it easier to track and monitor citizens. This
Ordinance is about transparency and oversight, not to limit Police practices or any other
part of City government. The Ordinance will require the City Commission to approve funds
to purchase or operate surveillance equipment used by Police or any other department.
This will allow the public to be aware of what technologies will be used. Impact reports will
be required to state costs and potential impacts on civil rights and liberties. Police Chief
Oates has made great achievements in his Department’s transparency, and he believes
this Ordinance will further that cause.
Vice-Mayor Grieco stated that he is the only one on the dais with law enforcement
experience as a former Assistant State Attorney. There has been an exponential increase
in technology available to law enforcement, and its abuse has been apparent in other
municipalities in the country. This Ordinance is not a response to any actions by the Miami
Beach Police Department, this is to ensure trust and that public money is being well spent.
The Miami Beach Police Department should not be allowed to do independent surveillance
of this City’s residents and visitors. The Ordinance will require annual reports on how
technology is being used to make sure government is not overstepping its boundaries.
This is good policy.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 61 of 116
Deputy Police Chief Clements stated that Police Chief Oates prepared a thorough
memorandum that considers this Ordinance too broad based. He would like to have some
things further explained, and what the City’s policy is regarding these types of technology.
The Police Department wants to be as transparent as possible, as evident from the body
worn cameras they have agreed to wear, but he does not want available technologies
denied to his Department.
Mayor Levine asked for a comparison of policies and practices between Miami Beach and
other major cities such as New York, Boston, Philadelphia, and Washington, D.C. Chief of
Police Daniel Oates to handle.
Deputy Police Chief Clements stated that Police Chief Oates was head of intelligence for
the NYPD, and is very concerned about the perception of his Police Department, and is
willing to listen to suggestions.
Discussion held.
Commissioner Arriola would like to study this more, and stated that Miami Beach is a
major tourist market, which makes him worried about potential terror attacks. He would like
to see more cameras as a preventative measure for the protection of tourists and
residents.
Vice-Mayor Grieco stated that this is not an issue about surveillance versus non-
surveillance. This is a procurement issue. He does not want the Police Department to
make the decision to purchase the technology. This item could be referred to the
Neighborhood/Community Affairs Committee for further discussion.
Commissioner Malakoff stated that nothing has been done behind closed doors regarding
this matter, and she does not fully understand why this item is before the City
Commission.
Commissioner Rosen Gonzalez suggested referring the item to the
Neighborhood/Community Affairs Committee.
Handouts or Reference Materials:
1. Memorandum from the Miami Beach Police Department, Chief of Police Daniel Oates, to Jimmy
L. Morales, City Manager, dated October 18, 2016, RE: Police Department Comment on
Surveillance Ordinance.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 62 of 116
R7 - Resolutions
3:28:29 p.m.
R7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, PURSUANT TO SECTION 82-93(A), OF THE CITY CODE,
APPROVE A REVOCABLE PERMIT REQUEST BY 418 MERIDIAN, LLC, IN ORDER TO
ALLOW THE INSTALLATION OF CANOPY ON THE EAST FACADE OF THE PLAZA
HOTEL, LOCATED AT 426 MERIDIAN, WHICH CANOPY WOULD BE CONSISTENT
WITH THE HISTORIC DOCUMENTATION FOR THE CONTRIBUTING STRUCTURE
WITHIN THE OCEAN BEACH LOCAL HISTORIC DISTRICT, AND WHICH CANOPY
WOULD EXTEND APPROXIMATELY EIGHT FEET (8') OVER THE RIGHT-OF-WAY
(SIDEWALK) ON MERIDIAN AVENUE, WOULD BE 49 FEET IN LENGTH WITH A
CLEARANCE OF APPROXIMATELY 12 FEET ABOVE THE SIDEWALK, AND CONSIST
OF A TOTAL AREA OF 377.71 SQUARE FEET; AND WHICH PERMIT IS CONSISTENT
WITH THE CRITERIA OF SECTION 82-94, OF THE CITY CODE.
2:00 p.m. Public Hearing Public Works
ACTION: Title of the Resolution read into the record. Public Hearing held. Motion made
to open and continue the item to the November 9, 2016 Commission Meeting, by
acclamation. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission
Agenda, if received. Eric Carpenter to handle.
Handouts or Reference Materials:
1. Ad 1228 published in The Miami Herald.
3:28:29 p.m.
R7 B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, PURSUANT TO SECTION 82-93(A) OF THE CITY CODE,
APPROVING, AFTER PUBLIC HEARING, A REVOCABLE PERMIT REQUEST BY
MBEACH1, LLLP, LOCATED AT 16641666 LENOX AVENUE (THE "PROPERTY"), TO
INSTALL A "FLIP UP" FACADE TO THE BUILDING, WHICH FACADE, WHEN OPENED
AND LIFTED BECOMES AN AWNING PROVIDING SHADE OVER THE CITY RIGHT-
OF-WAY; THE AWNING/FACADE WHEN OPENED WILL EXTEND A MAXIMUM OF
NINE FEET (9') OVER THE SIDEWALK ALONG LENOX AVENUE; AND WHICH
PERMIT IS CONSISTENT WITH THE CRITERIA OF SECTION 82-94, OF THE CITY
CODE.
2:05 p.m. Public Hearing Public Works
ACTION: Title of the Resolution read into the record. Public Hearing held. Motion made
to open and continue the item to the November 9, 2016 Commission Meeting by
acclamation. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission
Agenda, if received. Eric Carpenter to handle.
Handouts or Reference Materials:
1. Ad 1228 published in The Miami Herald.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 63 of 116
3:29:22 p.m.
R7 C A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING, ON SECOND AND FINAL READING OF THIS
RESOLUTION AND FOLLOWING A DULY NOTICED PUBLIC HEARING, PURSUANT
TO SECTION 82-37(A), OF THE CITY CODE, THE VACATION OF ATLANTIC WAY
BETWEEN 76TH STREET AND 77TH STREET, CONSISTING OF A 30-FOOT WIDE
RIGHT-OF-WAY, CONTAINING APPROXIMATELY 9,000 SQUARE FEET IN TOTAL
AREA, ATTACHED HERETO AS EXHIBIT "A," AS SHOWN ON THE CORRECTED
PLAT "ALTOS DEL MAR NO. 1," RECORDED IN PLAT BOOK 31 AT PAGE 40, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, AND LYING IN A PORTION OF
GOVERNMENT LOT 2, SECTION 2, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY
OF MIAMI BEACH, IN FAVOR OF THE CITY OF MIAMI BEACH AND THE OWNERS OF
7605 COLLINS AVENUE; AND CONDITIONING THE VACATION ON THE OWNERS OF
7605 COLLINS AVENUE'S EXECUTION OF A COVENANT RUNNING WITH THE LAND
THAT THE VACATED PROPERTY IDENTIFIED IN EXHIBIT "A" NOT BE
CONSTRUCTED WITH HABITABLE SPACE DUE TO THE EXISTING NON-EXCLUSIVE
PERPETUAL EASEMENT ALONG THE LENGTH OF THE VACATED AREA.
2:15 p.m. Public Hearing Capital Improvement Projects
Continued from September 14, 2016 - R7 A
ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution
2016-29605 adopted. Motion made by Commissioner Malakoff; seconded by
Commissioner Alemán. Voice vote: 7-0. David Martinez to handle.
David Martinez, Capital Improvement Projects Director introduced the item. This is the
second and final reading of this item. The Administration is requesting the vacation of
Atlantic Way, between 76 Street and 77 Street; as this runs through Altos del Mar
Property. The City has met all of the requirements of the Ordinance related to the
vacation; it has been approved by the Finance Department; the Planning Department has
also checked it out, so they are asking for the approval of the vacation.
Handouts or Reference Materials:
1. Ad 1228 published in The Miami Herald.
3:46:02 p.m.
SUPPLEMENTAL MATERIAL 2: MEMORANDUM & REVISED ATTACHMENT
R7 D A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ADOPTING THE CITY OF MIAMI BEACH OCEAN DRIVE
SIDEWALK CAFE DESIGN GUIDELINES.
Deferred from September 14, 2016 - R7 J Planning
Supplemental updated on 10/18/2016
ACTION: Resolution 2016-29606 adopted. Motion made by Commissioner Arriola to
accept the Ocean Drive Sidewalk Café Design Guidelines with the amendments, as
discussed today; seconded by Commissioner Alemán. Voice vote: 7-0. Thomas Mooney
and Susanne M. Torriente to handle.
AMENDMENTS TO THE GUIDELINES
• Maintain a five (5) foot clear path.
• Declutter in order to maintain a five (5) foot clearance at all times for pedestrians.
• Tables and umbrellas should have a 30-day transition from today.
• Retractable umbrellas to be at a height of no greater than 9’9”.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 64 of 116
• The 7’6” is to be eliminated and the width of the table is to be 9’6”.
• All chairs for the tables are to be situated north/south.
Susanne M. Torriente, Assistant City Manager, introduced the item. The item before them
is the design guidelines, consistent with the 10-Point Plan that was accepted by the City
Commission at the September Commission Meeting. Assistant City Manager Torriente
wants to highlight a handful of issues that just need a little more clarification so they could
get started. On the last page of the memo, page 4, four items needed to be addressed in
the future. The first is that there are several traffic and guest loading signs on the side
closest to the east side, the Administration wants to obtain the Commission’s consensus
to work with the Transportation Department and the other City departments to declutter
that as best possible, so that it is consistent with the spirit and intent of the 10-Point Plan
and the Task Force’s recommendation. The valet stands, the Administration wants to put
on the record that they were not specifically addressed in the 10-Point Plan, but the
Administration believes they can be accommodated. There are parking meters on the
west that the Administration can work to put them on the east side, in an effort to
declutter. In the future, if there is going to be street lighting, the design would have to be
looked at again in order to determine the spacing. Assistant City Manager Torriente did
want to mention that at the last meeting in September, Mr. Larkin made a presentation on
behalf of Mango’s regarding their awning/canopy, and while that was discussed it was not
formally adopted. If Mr. Larkin is present, perhaps, he can place that on the record again,
and then the City could incorporate the policy decision into the guidelines. Last night Mr.
Tachmes sent an e-mail and he was pointing out several issues having to do with the café
footprint and the tables; If Mr. Tachmes would not mind putting that on record, the City
can take it all in and commence to clean up the guidelines and start the transition.
Commissioner Arriola stated that this item contains the design guidelines that have been
agreed to by all interested parties (City Staff and those affected by it); Assistant City
Manager Torriente and staff are asking for direction from the City Commission on a couple
of items, so we will go through those again. Some of those items, for example, as we are
designating at least a 5-foot walkway for pedestrians, there are certain things that are
conflictive – such as parking meters, valet stands, and parking notice signs – how the City
removes those or treats them is what needs to be decided. Assistant City Manager
Torriente and Commissioner Arriola had a conference call earlier this week about this, but
this discussion today will allow the Commission to have a public conversation about it.
Assistant City Manager Torriente added that Deborah Tackett from the Planning
Department was present in the event that the City Commission had questions for her. Ms.
Tackett helped put together the guidelines with all the different Departments: Public
Works, Police, Code Compliance and Parking. Ms. Tackett can highlight the
inconsistencies with the actual footprint.
Commissioner Arriola asked if his colleagues would like to go one by one and give
direction on each of the items.
Assistant City Manager Torriente stated that the first one is that in the 3-foot area that is
closer to the street there are some signage, including traffic signs and guest loading, what
she refers to as a little bit of clutter. If the Commission is comfortable, the Administration
could go back and declutter it as best as possible, but still make sure that there is signage
for safety and information.
Commissioner Malakoff agrees, and stated that we must make sure that there is a 5-foot
pedestrian clear path, because if the valet signs, parking meters and other things that
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 65 of 116
Assistant City Manager Torriente just mentioned are in that 5-foot pedestrian zone, then
there is not a 5-foot clear walkable zone. If not cleared, pedestrians would be running into
these items.
Assistant City Manager Torriente stated that Commissioner Malakoff’s concerns are
exactly what they are trying to rectify. The 5-foot clear path should be maintained, and the
valets can either work in an area closer to the restaurant facility or perhaps near the trees
than are going to be located in between the buildings.
Commissioner Arriola asked if direction from the Commission simply saying please
declutter as much as possible so there exists at all time a 5-foot clearance for pedestrians
– so that would include everything from parking meters to valet stands – so there is a
clear pedestrian path is sufficient. Commissioner Arriola explained that the parking meters
are only at this point on 14 th Street and Ocean Drive, and the City is moving to a non-
meter system so that should be simple to declutter and the valet stands can find other
places closer to their building or where there are some trees.
Assistant City Manager Torriente responded that such was exactly the type of direction
they are seeking. The Administration would then make sure that when they come in for a
sidewalk café permit that it is consistent with the guidelines and the
conversation/guidance today.
Commissioner Arriola asked Assistant City Manager Torriente if she was clear as to the
Commission’s direction on that particular issue. Assistant City Manager Torriente
responded that it was clear.
Assistant City Manager Torriente asked Mr. Larkin and Mr. Tachmes to put their issues on
the record, so direction could be given on that as well and then incorporate the
Commission’s decision into the design.
Commissioner Arriola stated that depending on the will of the Commission over what
period they want compliance with all these guidelines, he recommended the shifting of the
tables and umbrellas be done in the next 30 days.
Assistant City Manager Torriente recapped that the 10-Point Plan calls for a 90-day
transition, but the shifting west of the tables and umbrellas should have a 30-day transition
from today.
Commissioner Malakoff inquired if the new umbrellas would be within 90 days.
Commissioner Arriola responded that the purchases would take what it takes, but there is
no reason for people who have tables to take 90 days to move them 5 feet towards their
building, this should be done as soon as possible.
Assistant City Manager Torriente stated that they would send a letter out to make sure
that everyone is clear on the discussion and direction today – 30 days to shift, 90 days to
purchase and obtain a permit. Susanne M. Torriente to handle.
Michael Larkin, representing Mango’s, stated that his partner Monica Entin was handing
out a document that was previously distributed to the City Commission on September 27.
The document is Mango’s two proposed modification to the 10-Point Plan. The bottom half
of the document indicates how these two changes would fit with the guidelines found in
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 66 of 116
the packet that is before the Commission today. It would permit retractable umbrellas at a
height no greater than 9’9”.
Commissioner Alemán is fine with it. The key point for her is the review by the Historic
Preservation Board. None of this is going to be approved without the Historic Preservation
Board looking at it.
Commissioner Arriola addressed Mr. Larkin and stated that it was his understanding that
Mango’s had a situation where they had an awning and an umbrella that was going to go
underneath the awning and that creates a tent; is that being withdrawn.
Mr. Larkin responded that Mango’s has an awning that was approved by the Historic
Preservation Board years ago, so when Mango’s goes back to the Historic Preservation
Board they will be asking for both. However, the Historic Preservation Board has complete
control.
Alex Tachmes stated that he sent an email last night to the Administration with four
comments. Since then, he has spoken to Deborah Tackett and they have now reduced
them to two. They would like the following two changes to be made to the document. On
page 12, the maximum width of the table is listed as 7’6”, in order to leave 2 feet for
chairs. This does not pick up the scenario where the tables would be flushed against the
edge of the footprint and the chairs would be in a north/south trajectory so they are
requesting that the 7’6” be eliminated and the width of the table be 9’6”, with the
understanding that that chairs cannot be outside the 9’6” and into the walkway. Then on
page 13, there was a sentence that requires all chairs for the tables to be situated
north/south; again as long as there is no encroachment into the 5-feet, people should be
able to sit at their chairs anyway they want. Therefore, he is requesting that deletion.
Commissioner Arriola stated that those were good pick-ups.
Mike Palma stated that he was very excited and wants to see this happen. For the
umbrellas, it was 30 days from the day the Commission approves to move the sidewalk
west; which many people already complied. He believes it is 90 days to get everything
done. However, it was 30 days from this date that they had to prove that they purchased
the umbrellas. Commissioner Alemán brought it up, and he would like to see that added to
the requirements to ensure the change is done.
Commissioner Alemán stated it should recognize that whatever is ordered might not arrive
for 6 to 12 weeks, but they have to prove to the City that the equipment has been ordered.
Mr. Palma stated that once the design is approved today, they could get that done.
Mitch Novick spoke regarding the umbrellas, and stated that the purchases were a major
hardship, especially now that tourism is being impacted. Mr. Novick stated that that every
attempt should be made to save any trees that are moved. Mr. Novick suggested
relocating the trees to Lummus Park.
Assistant City Manager Torriente responded that they would work with the Urban
Forrester to determine the condition of the trees and see if they may be relocated. Mark
Williams to handle.
Mr. Novick inquired if there had been a reduction in the number of tables in the public right
of way.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 67 of 116
City Manager Morales responded that pursuant to the new guidelines there would be
some reductions. Ultimately, given the new guidelines, it may be a 50% or 40% reduction.
The reduction will be substantial.
Mayor Levine inquired of Assistant City Manager Torriente if she had the direction needed
to proceed.
Assistant City Manager Torriente inquired if the City Commission accepted the requests
from Mr. Larkin and Mr. Tachmes so the Administration can incorporate them into the
guidelines.
Commissioner Arriola stated that the motion is to accept the guidelines with the
amendments that were discussed today. Seconded by Commissioner Alemán.
Mayor Levine inquired of his colleagues if they were agreeable.
Assistant City Manager Torriente stated that they have enough direction so that they can
start the transition, and start the process.
Vote taken. Motion passes 7-0.
Handouts and Reference Materials:
1. Document distributed by Monica Entin.
4:48:30 p.m.
R7 E A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A NEW PROFESSIONAL SERVICES AGREEMENT WITH ARTS
FOR LEARNING/MIAMI, A NOT-FOR-PROFIT CORPORATION, FOR IN-SCHOOL AND
AFTER-SCHOOL ARTS EDUCATION PROGRAMS AT VARIOUS CITY PRESCHOOLS,
PUBLIC SCHOOLS AND PARKS AND YOUTH CENTERS, IN AN AMOUNT NOT TO
EXCEED $75,000, SAID AGREEMENT HAVING AN INITIAL TERM OF ONE (1) YEAR,
COMMENCING ON OCTOBER 1, 2016, AND ENDING ON SEPTEMBER 30, 2017, WITH
THE OPTION, AT THE CITY'S SOLE DISCRETION, TO EXTEND FOR AN ADDITIONAL
TWO (2) YEARS CONTINGENT UPON FUNDS APPROPRIATIONS.
Tourism, Culture and Economic Development
ACTION: Resolution 2016-29607 adopted. Motion made by Commissioner Malakoff;
seconded by Commissioner Alemán. Voice vote: 7-0. Vanessa Williams to handle.
Max Sklar, Tourism, Culture and Economic Development Director, introduced the item.
Arts for Learning is a nonprofit company that provides arts education programs in our
schools and parks, the programing takes places during school hours and after school. The
City has an agreement with them since Fiscal Year 2005/2006. There is funding already in
the current year budget. The Administration is recommending a new agreement with them
with an initial term of one year, with two one-year options at the City’s discretion. If this
agreement is approved, the City will have 32 afterschool programs throughout the City in
Biscayne Elementary, Flamingo Park, North Beach Elementary, Scott Rakow Youth
Center and South Pointe Elementary.
Motion to approve by Commissioner Malakoff; seconded by Commissioner Alemán.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 68 of 116
11:49:33 a.m.
R7 F A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING THE 2016 PLAN NOBE - NORTH BEACH MASTER
PLAN.
Tourism, Culture and Economic Development
ACTION: Resolution 2016-29608 adopted. Motion made by Commissioner Arriola;
seconded by Commissioner Malakoff. Voice vote: 7-0. Jeff Oris to handle.
Jeff Oris, Economic Development Division Director, introduced the item. He stated that
this is a community consensus plan of how they should move into the future. He
introduced Jason Klein.
PowerPoint Presentation made by Jason King.
Mayor Levine congratulated the Blue Ribbon Committee and the Steering Committee
members for putting this together and making it a reality.
Commissioner Arriola thanked Jeff Oris, members of the Task Force, Dover Kohl &
Partners consultants, participants, and especially Mayor Levine for putting the Task Force
together and an amazing work product. This Master Plan is a visionary and an aspirational
statement.
Jimmy L. Morales, City Manager, explained that this is a map for going forward, and
certain aspects of the plan will have to come back as Land Use Ordinance, or
Procurement or Budget items. This is only an approval of the plan, but individual pieces of
this will come back to the City Commission through the budgeting and Land Use process.
Commissioner Malakoff stated that Dover Kohl and Jeff Oris did a great job, but this is just
a vision; a blueprint a starting point. The historic preservation fund is important to move
forward; there are also two Local Historic Districts that will be discussed later today, and
each part is important; they need to look at it as a whole. This is a good beginning, but
details must be worked out in the future.
Commissioner Alemán announced that Item R9 AE could be withdrawn if there is no
appetite to discuss. She participated in a number of sessions, and as they look at some of
the concepts, they may need more aspirations; however, as a whole this is a great job.
Commissioner Rosen Gonzalez stated that when the Committee was formed there was a
divided community, between developers and residents. This plan represents a
compromise between residents and developers. She requested time to present a short
video and stated that she is happy that Commissioner Alemán is withdrawing her item.
(Clerk’s Note: Commissioner Rosen Gonzalez’s video was not shown.)
Discussion held.
Mayor Levine suggested approving the item and after the recess they can discuss other
North Beach items.
Commissioner Alemán stated that Item R9 AE is about Local Historic Districts and to
explore the difference between the inside of the boundary, and whether they are trying to
preserve the structures, height, scale or architectural style. If there is no appetite for that
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 69 of 116
workshop, she can vote without the discussion. She is not withdrawing support for the
Master Plan.
Mayor Levine suggested referring the Historic Districts portion to the
Neighborhood/Community Affairs Committee.
Discussion continued.
Commissioner Rosen Gonzalez encouraged every member of the City Commission to
honor the Historic Districts proposed by Dover Kohl.
Motion made by Commissioner Arriola to approve the Master Plan; seconded by
Commissioner Malakoff. Voice-vote: 7-0.
Margueritte Ramos, Committee Chair, thanked the City Commission and Jeff Oris for their
commitment and dedication. Consensus worked well, and they have matured, they
respect each other, and she thanked the City Commission again.
Commissioner Steinberg thanked Margueritte Ramos for being the voice of North Beach
for so many years, along with Nancy Liebman, Ray Breslin, Carolina Jones, Brad
Benesky, Kirk Paskal, Daniel Veitia, Dover Kohl and so many others. It is a great effort to
move the City forward.
Discussion continued.
Jeff Oris appreciated the recognition, but thanked the Steering Committee, all the
departments that kept everything on track and City Manager Morales. They deserve a
great of the credit.
Handouts or Reference Materials:
1. PLAN NOBE PROPOSED NORTH BEACH MASTER PLAN DRAFT Version 9/23/2016.
4:49:36 p.m.
R7 G A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE (NCAC) TO IMPLEMENT THE
MIAMI-DADE COUNTY PUBLIC SCHOOLS (MDCPS) HEALTHY SNACKS STANDARDS
IN ALL CITYWIDE VENDING MACHINES; AND APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO CONCESSION
AGREEMENT BETWEEN THE CITY AND BETTOLI TRADING CORP., DATED MAY 3,
2012, FOR OPERATION OF SNACK MACHINES ON CITY PROPERTIES; SAID
AMENDMENT REQUIRING THE IMPLEMENTATION OF THE MDCPS HEALTHY
SNACKS STANDARDS AND REDUCING THE ANNUAL MINIMUM GUARANTEE (MG)
TO THE CITY FROM $12,731 TO $7,500.
Tourism, Culture and Economic Development
Commissioner Micky Steinberg
ACTION: Resolution 2016-29609 adopted as amended. Motion made by Commissioner
Steinberg to accept the second option, which includes 100% healthy snacks in all of the
City’s Parks and Youth Centers; and 50% healthy snacks in other City facilities like City
Hall and all of the Parking Garages; the item to be revisited in six months; seconded by
Commissioner Alemán. Voice vote: 7-0. Vanessa Williams to handle.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 70 of 116
TO DO:
Bring back to the City Commission in six months. Vanessa Williams to handle.
Max Sklar, Tourism, Culture and Economic Development Director introduced the item.
The City has had an agreement with Bettoli Trading Corp. since 2012. The initial term
expires April 2017, and the City has some additional options to extend the agreement.
Several years ago, Commissioner Steinberg sponsored an item for healthier items in our
snack machines, which was passed by the Commission. We currently have what is called
the fit pick standard in our machines. We also have the ability in our current agreement for
our Parks Department to determine, based on a selection of products, what items they
want in our vending machines. However, earlier this year, Commissioner Steinberg at the
request some residents requested the City to revisit this item to see if we could come up
with some healthier alternatives. This item was reviewed by the Neighborhood/Community
Affairs Committee (NCAC) The Neighborhood/Community Affairs Committee
recommended that we adopt the Miami-Dade County Public Schools standard across all
of our machines, which is 100% healthy in all of the City’s vending machines. If the
Commission ratifies that today, then part of the action today would modify the agreement
to reduce the revenue the City receives from the concessionaire by $7,500 annually.
Currently, the City receives about $16,500 from this contract, which would be reduced by
$7,500 if we adopt the 100% healthy option throughout all our vending machines.
The concessionaire has also proposed the following alternative: 100% healthy snacks in
all of the City’s Parks and Youth Centers; and 50% healthy snacks in other City facilities
like City Hall and all of the Parking Garages. If the City Commission decided to do that,
the reduction in the payment to the City would be $5,500.
Commissioner Steinberg stated that if we are going to do the less stringent suggestion,
we should do it for six months and thereafter revisit the item to see where we are at, and
to see if at that point we wanted to go the full 100% everywhere.
Commissioner Rosen Gonzalez stated that this is a great suggestion. However, there are
times when she does not want apple chips and instead she wants m&m’s; she wants a
few fun items on the vending machines.
Discussion continued.
Max Sklar explained that if they wanted to go that route we would go with alternative
proposed by the concessionaire, which is for all of our office buildings, such as City Hall or
our Parking Garages, it would be the 50% Miami-Dade School’s standard, and the rest
would be other products that would include chocolate and other snacks that would not fall
into the healthy category. However, in City Parks and Youth Centers it would be 100%
healthy.
Commissioner Rosen Gonzalez stated that as an adult she has the right to eat unhealthy
food every now and then, so we should adopt the 100% in City Parks and Youth Centers,
and 50% in City Buildings and Garages.
Commissioner Steinberg stated that it was her understanding that the 50% option would
only be available at City Garages.
Max Sklar stated it would be up to the Commission, as to the locations.
Discussion continued.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 71 of 116
Mr. Leonardo Bettoli, the concessionaire, spoke. For the past 16 years, he has operated
vending machines. He urges the Commission to consider implementing the 100% healthy
where there is no supervision of parents, such as Parks and Youth Centers; and where
there are adults they can be given the option to go either way; adults should be able to
make their own decisions.
Commissioner Steinberg explained that is why she brought the options to the City
Commission. Commissioner Steinberg wants the 100% at the Parks and anywhere where
there are minors; that is non-negotiable. At garages and other City facilities, at this time, if
the Commission wants to do 50% it is still going to be better than we have today. It is
going to be healthier than what we have today, but it is not going to be the 100%; and we
can revisit it in six months.
Mayor Levine inquired how many products are offered in each machine. Mr. Bettoli
responded that some machines have 45 selections and other machines have 52 options.
Mayor Levine suggested having the Neighborhood/Community Affairs Committee
members vetting the different types of snacks.
Commissioner Steinberg moved the item with the second option, which includes 100%
healthy snacks in all of the City’s Parks and Youth Centers; and 50% healthy snacks in
other City facilities like City Hall and all of Parking Garages; the item to be revisited in six
months.
4:55:24 p.m.
R7 H A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER,
PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2016-170-KB, FOR
GLOBAL POSITIONING SYSTEM TREE INVENTORY SERVICES; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH E-SCIENCES, INC., AS
THE TOP RANKED PROPOSER; AND, SHOULD THE ADMINISTRATION BE
UNSUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH E-SCIENCES, INC.,
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH
MILLER LEGG AND ASSOCIATES, INC., AS THE SECOND HIGHEST RANKED
PROPOSER; AND, FURTHER, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS
BY THE ADMINISTRATION.
Environment and Sustainability/Procurement
ACTION: Resolution 2016-29610 adopted. Motion made by Commissioner Malakoff;
seconded by Commissioner Alemán. Voice vote: 7-0. Mark Williams and Alex Denis to
handle.
Mark Williams, Urban Forester, explained that this is to finish the Citywide inventory; it is
for phase 5(b).
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 72 of 116
4:56:12 p.m.
R7 I A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A SUPPLEMENTAL WORK ORDER WITH SHIFF CONSTRUCTION AND
DEVELOPMENT, INC., FOR ADDITIONAL WORK AT THE FLAMINGO PARK
RESTROOM AND OFFICE FACILITY PROJECT LOCATED AT 1200 MERIDIAN
AVENUE, UTILIZING THE COMPETITIVELY BID NATIONAL JOINT POWERS
ALLIANCE (NJPA) COOPERATIVE CONTRACT, IN AN AMOUNT NOT-TO-EXCEED
$94,717.63
Capital Improvement Projects
ACTION: Resolution 2016-29611 adopted. Motion made by Commissioner Arriola;
seconded by Commissioner Alemán. Voice vote: 7-0. David Martinez to handle.
David Martinez, Capital Improvement Projects Director, introduced the item. This is a
request to approve and authorize the City Manager to execute as supplemental work
order with Shiff Construction related to the Flamingo Park restroom and office space that
are being constructed.
4:56:27 p.m.
R7 J A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING DECLARATIONS OF OFFICIAL INTENT UNDER
U.S. TREASURY REGULATIONS WITH RESPECT TO REIMBURSEMENTS FROM
BOND, NOTE AND OTHER OBLIGATION PROCEEDS OF TEMPORARY ADVANCES
MADE FOR PAYMENTS PRIOR TO ISSUANCE, AND RELATED MATTERS.
Finance
ACTION: Resolution 2016-29612 adopted. Motion made by Commissioner Arriola;
seconded by Commissioner Alemán. Voice vote: 7-0. Allison Williams to handle.
Allison Williams, Chief Financial Officer, stated that with the approval of this Resolution,
the City would be able to reimburse itself for any dollars spent in advance of bond or loan
funding with the proceeds from those funds.
R7 K A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, STRONGLY URGING NBCUNIVERSAL TO HELP BUILD A
VIBRANT MIDDLE CLASS IN MIAMI-DADE COUNTY, AND IN THE STATE OF
FLORIDA, BY ADHERING TO THE SAME HIGH STANDARDS WITH REGARD TO
EMPLOYMENT FOR ITS TELEMUNDO SPANISH-LANGUAGE PRODUCTIONS AS
ARE PROVIDED FOR ITS ENGLISH-LANGUAGE PRODUCTIONS UNDER
NBCUNIVERSAL, TO RECOGNIZE THE DESIRE OF ITS TELEMUNDO PERFORMERS
AND PRODUCTION CREW MEMBERS TO HAVE A VOICE IN THEIR EMPLOYMENT
BENEFITS AND CONDITIONS, AND TO ENGAGE IN A DIALOGUE WITH THE
SCREEN ACTORS GUILD AND THE AMERICAN FEDERATION OF TELEVISION AND
RADIO ARTISTS RELATIVE TO UNION REPRESENTATION FOR ITS PERFORMERS
IN AND CREWS FOR TELEMUNDO PRODUCTIONS.
Office of the City Attorney
Commissioner Kristen Rosen Gonzalez
ACTION: Item deferred to November 9, 2016. Lilia Cardillo to place on the Commission
Agenda, if received. Office of the City Attorney to handle.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 73 of 116
1:30:57 p.m.
R7 L A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO RESEARCH A
POTENTIAL PILOT PROGRAM FOR THE PLACEMENT OF BAT HOUSES AND
HABITATS IN THE CITY TO CONTROL THE CITY'S MOSQUITO POPULATION DUE
TO THE CONTINUED PRESENCE OF MOSQUITOES CARRYING THE ZIKA VIRUS,
AND DIRECTING THE CITY MANAGER TO REPORT TO THE CITY COMMISSION
REGARDING A POTENTIAL PILOT PROGRAM AT THE NOVEMBER 9, 2016 CITY
COMMISSION MEETING.
Office of the City Attorney
Commissioner Kristen Rosen Gonzalez
ACTION: Proposed Resolution not adopted. Instead, amend City Resolution 2016-
29575, to include urging the County to explore bats as part of the County’s
mosquito control efforts. Motion made by Commissioner Rosen Gonzalez; seconded by
Commissioner Alemán; Voice vote: 6-1; Opposed: Commissioner Malakoff. Office of the
City Attorney to handle.
Amended Resolution 2016-29575 reads:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, URGING THE FLORIDA DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES (STATE) AND MIAMI-DADE COUNTY (COUNTY) TO
AGGRESSIVELY PURSUE AND EXPLORE ALL NON-TOXIC AND SAFE
ALTERNATIVES TO NALED TO CONTROL MOSQUITOES CARRYING THE ZIKA
VIRUS IN THE CITY OF MIAMI BEACH (CITY), AND TO ENGAGE INDEPENDENT
MEMBERS OF THE SCIENTIFIC COMMUNITY, AS WELL AS CITY STAKEHOLDERS,
TO EXPLORE ALL SUCH ALTERNATIVES; URGING THE COUNTY TO EXPLORE THE
USE OF BAT HOUSES AS AN ENVIRONMENTALLY FRIENDLY MOSQUITO
CONTROL OPTION: URGING THE STATE TO OPEN ITS REQUEST FOR PROPOSAL
PROCESS TO ALLOW FOR THE PROCUREMENT OF ALTERNATIVES TO NALED;
AND, URGING THE COUNTY TO ALLOCATE ADDITIONAL FINANCIAL RESOURCES
FOR THE AERIAL SPRAYING OF THE ENVIRONMENTALLY FRIENDLY LARVICIDE
Bti THROUGHOUT THE CITY AND TO REVIEW ALL AVAILABLE DATA TO EVALUATE
WHETHER THE USE OF NALED IS NECESSARY PRIOR TO ANY AND ALL FUTURE
SPRAYING OF NALED IN THE CITY.
DIRECTION:
Add bat house option for the County to explore.
Mayor Levine stated that they gave direction to the County, who handles the areas of
mosquito control, and hence, the County should investigate any and all reasonable and
safe alternatives.
Commissioner Rosen Gonzalez created this Resolution as a goodwill gesture, as there is
so much controversy with the Naled spray. People in the community have contacted her
about bat houses, and suggested framing this in terms of goodwill education. Research
shows that in Central Florida they are installing these bat houses in their parks and
children can participate in the process. This can be done through as a Parks program.
Bats are interesting creatures; they have fur and truly fly. There are 13 species of native
bats in Florida and most of them are endangered. There are less incidents of rabies in
bats because they really dislike people. She added that one bat could eat up to 3,000
mosquitoes per night, depending on the species. This is not necessarily for the Zika
mosquitos, but for mosquitoes in general. She is proposing to do one bat house in one
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 74 of 116
park, and she received requests for bat houses from Flamingo Park, the Normandy Shore
and Botanical Garden among others. She suggested approving one pilot bat house,
perhaps in the Botanical Garden.
Mayor Levine received an unsolicited email from Michael Callahan, M.D., Head Director of
the Zika Foundation, stating that the bat study showed Asian bats eat non-Aedes
mosquitoes. Aedes aegypti do not fly at night, except in artificial light. He thinks that they
should let the County, who has the expertise and knowledge to review all options, to
explore the idea.
Commissioner Malakoff strongly opposes bats, as they carry viruses themselves, such as
Rabies, Nipah, Hendra and Ebola, and she does not understand why they would want to
introduce them into the environment, even if they eat mosquitoes. They can do harm to
their community. Additionally, the bat guano also carries disease and they carry
histoplasmosis, which causes a serious lung disease. She agreed to have the County look
at it.
Commissioner Rosen Gonzalez clarified that this is a goodwill gesture for the
environmentalists, and she thinks that after input from the community they can do an
educational program for the parks and do one bat house.
Commissioner Alemán is in favor of bat houses.
Motion made by Commissioner Rosen Gonzalez; seconded by Commissioner Alemán to
add bats to the previously adopted City Resolution 2016-29575 as an additional option
for the County to explore as part of the County’s mosquito control efforts.
No further discussion.
R7 M A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, RATIFYING A THREE (3) YEAR LABOR AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND THE AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES (AFSCME), LOCAL1554, FOR THE PERIOD
FROM MAY 1, 2016 THROUGH APRIL 30, 2019; AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE THE AGREEMENT.
Human Resources
ACTION : Item deferred to the October 26, 2016 Presentation & Awards Commission
Meeting. Michael Smith to handle.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 75 of 116
9:52:31 a.m.
R7 N A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER
(AS FURTHER SET FORTH IN THE CITY COMMISSION MEMORANDUM
ACCOMPANYING THIS RESOLUTION) AND WAIVING, BY 5/7TH VOTE, THE FORMAL
COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE
BEST INTEREST OF THE CITY, AND AUTHORIZING THE CITY CLERK TO
NEGOTIATE AN AGREEMENT FOR THE PROVISION OF ONLINE CANDIDATE
FINANCIAL REPORTING SERVICES FROM VR SYSTEMS, INC. ("VRS"), A FLORIDA
PROFIT CORPORATION, FOR THE OFFICE OF THE CITY CLERK; IN AN AMOUNT
NOT TO EXCEED $5,000.00 FOR THE INITIAL YEAR IMPLEMENTATION, TRAINING
AND SERVICES; WITH FUNDING FOR FUTURE ANNUAL RENEWALS, SUBJECT TO
THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF
NEED; FURTHER AUTHORIZING THE CITY CLERK TO EXECUTE A SERVICE,
LICENSE, MAINTENANCE AND SUPPORT AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, SUBJECT TO THE APPROVAL FROM THE CITY ATTORNEY, AND
TO NEGOTIATE AND EXECUTE ANY RENEWALS, AMENDMENTS, EXTENSIONS
AND MODIFICATIONS TO THE SAME, AFTER CONSULTATION W ITH AND
APPROVAL OF THE CITY ATTORNEY.
Office of the City Clerk
ACTION: Resolution 2016-29614 adopted. See related item R5 AA. Motion made by
Commissioner Malakoff; seconded by Vice-Mayor Grieco. Voice vote: 7-0. Rafael E.
Granado to handle.
R9 - New Business and Commission Requests
R9 A Boards and Committees Appointments
(Office of the City Clerk)
ACTION: The following appointments, reappointments and changes were made:
AFFORDABLE HOUSING ADVISORY COMMITTEE
Xavier Gonzalez-Sanfeliu TE: 12.31.2018 TL: 12.31.22 Appointed by City Commission
Representing areas in labor in connection with affordable housing (Category 3)
COMMITTEE FOR QUALITY EDUCATION IN MIAMI BEACH
Ivan Alvarez TE 06.30.17 Representative of Feinberg Fisher PTA
Ivette Birba Concluded on 9.23.2016
HISTORIC PRESERVATION BOARD
Kirk Paskal TE: 12/31/18 TL: 12.31.22 Appointed by City Commission
Dade Heritage Trust position
Nancy Liebman At-Large TE: 12/31/18 TL: 12.31.22 Appointed by City Commission
Effective January 1, 2017
Jane Gross Removed due to Absences
HUMAN RIGHTS COMMITTEE
Jared Reiling Resigned on 10.18.16
MAYOR’S NORTH BEACH MASTER PLAN STEERING COMMITTEE
Committee disbanded as of 10.19.2016.
Bradford Bonessi TE: 12/31/2016 TL: 12/31/2016
Carolina Jones TE: 12/31/2016 TL: 12/31/2016
Nancy Liebman TE: 12/31/2016 TL: 12/31/2016
Kirk Paskal TE: 12/31/2016 TL: 12/31/2016
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 76 of 116
Betsy Perez TE: 12/31/2016 TL: 12/31/2016
Margueritte Ramos TE: 12/31/2016 TL: 12/31/2016
Daniel Veitia TE: 12/31/2016 TL: 12/31/2016
RESILIENCY COMMUNICATIONS COMMITTEE
Tonya Daniels TE 10.1.17 TL 10.1.17 Appointed by Mayor Levine
Mohsen Jarahpour TE 10.1.17 TL 10.1.17 Appointed by Mayor Levine
John Lee TE 10.1.17 TL 10.1.17 Appointed by Mayor Levine
Scott Diffenderfer TE 10.1.17 TL 10.1.17 Appointed by Mayor Levine
Terri Echarte TE 10.1.17 TL 10.1.17 Appointed by Mayor Levine
Carlos Gutierrez TE 10.1.17 TL 10.1.17 Appointed by Mayor Levine
YOUTH COMMISSION
Itai Beaudoin De Roca TE 06.08.17 TL 06.07.18 Appointed by Commissioner Ricky Arriola
Logan Courey TE 06.08.17 TL 06.07.18 Appointed by Commissioner Kristen Rosen Gonzalez
Nicole Leser TE 06.08.17 TL 06.07.18 Appointed by Commissioner Joy Malakoff
Liaison Appointments
Amy Knowles – Resiliency Communications Committee
TE: Term Ending
TL: Term Limit
4:57:13 PM
R9 B BOARD AND COMMITTEE APPOINTMENTS - CITY COMMISSION APPOINTMENTS.
Office of the City Clerk
ACTION: Nominations and appointments were made. 1) Kirk Paskal was appointed to the
Dade Heritage Position in the Historic Preservation Board. 2) Nancy Liebman was
appointed to the At Large Position in the Historic Preservation Board, effective January 31,
2017. 3) Xavier Gonzalez-Sanfeliu was appointed to the Affordable Housing Advisory
Committee (Category 3), representing areas of labor in connection with affordable
housing.
City Clerk Rafael E. Granado announced that the Dade-Heritage Trust position on the
Historic Preservation Board is vacant. Currently there are two nominations, with one
vacancy:
1. Nancy Liebman was nominated for appointment by Mayor Levine and Commissioner
Malakoff.
2. Kirk Paskal was nominated for appointment by Commissioner Alemán.
Discussion held regarding how great both nominees are.
Commissioner Steinberg stated this was a difficult choice.
Mayor Levine stated that he would be voting for Ms. Liebman.
Commissioner Alemán stated that it was like choosing between cake and ice cream.
Commissioner Arriola stated that he loves them both.
Commissioner Alemán stated that she nominated Kirk Paskal, because of all the North
Beach work the City is doing. However, both candidates are great.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 77 of 116
Commissioner Malakoff asked if there would be a position available for Mr. Paskal for
someone who lives within a historic district, and Mr. Paskal would qualify for that. They
both are good candidates, but Commissioner Malakoff did nominate Ms. Liebman.
Commissioner Steinberg gave her word to Mr. Paskal that she would support him a long
time ago. She added that Ms. Liebman is amazing.
Commissioner Arriola expressed that he will be voting for Ms. Liebman.
Voice Vote:
• Nancy Liebman: three votes – Mayor Levine and Commissioners Malakoff and
Arriola; and
• Kirk Paskal: four votes - Commissioners Grieco, Rosen Gonzalez, Alemán and
Steinberg.
Commissioner Rosen Gonzalez stated that she loves Ms. Liebman, but she wanted North
Beach to be represented on the Historic Preservation Board, which is why she voted for
Mr. Paskal.
Appointment:
Mr. Paskal, having received four votes, is appointed to the Dade Heritage Position in the
Historic Preservation Board.
City Clerk Granado announced that there is one nominee, Xavier Gonzalez-Sanfeliu, to
the Affordable Housing Advisory Committee in the category that represents areas of labor
in connection with affordable housing (Category 3) by Vice-Mayor Grieco. City Clerk
Granado stated that there is a need for this position, and it has not been filled in a long
time.
Motion made to approve by acclamation the appointment of Xavier Gonzalez-Sanfeliu to
the Category 3 in the Affordable Housing Advisory Committee. Vote 7-0 in favor.
Appointment:
Mr. Gonzalez-Sanfeliu, having received seven votes is appointed to the Affordable
Housing Advisory Committee (Category 3) representing areas of labor in connection with
affordable housing.
Discussion regarding possible January 2017 openings on the Historic Preservation Board,
and possibly appointing Ms. Liebman to one of those upcoming vacancies.
Mayor Levine stated that the issue arises because Ms. Liebman does not live in a History
District.
Commissioner Steinberg stated that Mr. Paskal does not live in a Historic District either.
City Attorney Aguila, in response to a question from Commissioner Steinberg and Mayor
Levine, stated the Commission could not move a person who is rightfully appointed to
another vacant seat. City Attorney Aguila stated that if the member voluntarily resigns, it is
up to the board member.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 78 of 116
Vice-Mayor Grieco stated, “Your vote is your vote.” You voted for something, it is what it is.
If there is something do in January 2017, then it will be done, but now let us move on.
Commissioner Steinberg stated that the Commission was just trying to place two people
with amazing backgrounds into the Historic Preservation Board.
Mayor Levine asked if how many seats were up in January 2017.
Vice-Mayor Grieco stated that if a Historic District were created in North Beach, that Mr.
Paskal lives in, then he would technically qualify for that seat. If Mr. Paskal were to resign
from the seat that he was just appointed to, he would be eligible be for that seat
hypothetically speaking. That would not be until January 2017.
City Clerk Granado stated that Dominique Bailleul would be term limited December 31,
2016; she holds an at large position on the Historic Preservation Board.
Mayor Levine asked if they are allowed to make that appointment, replacing Ms. Bailleul,
now.
City Attorney Aguila stated that the Commission could make the appointment now,
effective January 1, 2017.
Mayor Levine and Commissioner Alemán stated that they should make the appointment
now.
Commissioner Arriola nominated Ms. Liebman for appointment in the January 2017, to the
At Large positon on the Historic Preservation Board once it opens. Seconded by
Commissioner Alemán. Voice Vote: 7-0.
Handouts or Reference Materials:
1. Ad 1230 Notice of Land Use Board Vacancy Historic Preservation Board.
2. Commission Memorandum dated October 14, 2016 RE: City Commission At-Large Nominations
for October 19, 2016 – Release #1.
8:30:51 a.m.
R9 C DR. STANLEY SUTNICK CITIZEN'S FORUM.
Office of the City Clerk
ACTION : The following individuals spoke:
1. John Van Deutzman, Octagon Towers, expressed concern about a criminal element from
24 th Street to 5 th Street that is out of control. He believes criminals on the beach are using
the cover of homelessness and their rightful protections to pray on tourists and residents.
This is unacceptable. He stated that a woman was beat up, stabbed and raped a couple
of weeks ago at night on 21 st Street, and prior to this, he has been providing this
information to the Police Department, and in spite of that, this is happening. He proposed
some solutions: The South of Fifth neighborhood has now turned into a great area,
without homeless or thieves, and he believes it is due to a combination of good
community organizations, City’s Park Rangers, and private security. He said this should
be applied up from 5 th to 24 th Streets. Secondly, Sergeant Berry did an undercover
roundup of the criminals on the beach recently on a Saturday, arresting about 15 people.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 79 of 116
Next Sunday morning, there was no homeless or thieves on the beach. He asked the City
Commission to address this important issue.
Vice-Mayor Grieco explained that as of Monday, they have included 5 th to 15 th Streets as
part of the Park Ranger program, and he personally visited the area yesterday. They are
addressing some of the daytime concerns and he believes they are going in the direction
he needs.
Mr. Van Deutzman suggested that staff be observant and do their job.
2. Angelo Giardino, a Miami Beach resident for the past 20 years, has had two incidents at
the 12 th Street beach. In one incident, he was coming out of the ocean with a bottle of
lotion, and as he entered the sand, three young men with masks placed a gun to his
head. All tourists around him were on the ground, they were robbed of anything of value,
and the men then ran away. Most recently, he was lying on the beach with two friends,
and a man threw a pit from an avocado because he was singing. The man was naked
and he had him arrested; the Police found drugs in his belongings. Mr. Giardino goes to
the beach daily for hydrotherapy at the 12 th Street beach, and there are parents with their
children exposed to this. The problem is that at the 13 th Street entrance, there are
homeless people living there, and since it is a public park, they are allowed to be there;
others are sleeping around on Lincoln Road in the bushes. He complained about beach
pollution as well.
3. Architect Reinaldo Borges, is with Jerry Libbin, President and CEO of the Miami Beach
Chamber of Commerce, and they are here to speak on the historic designation of the RM-
1 District in North Beach. He is a Board of Governors Executive Member at the Chamber,
Pillar Chair, served as Chair of the Sea Level Rise Task Force at the American Institute of
Architects, and at the City of Miami Sea Level Rise Committee. He respectfully requests
that the City Commission not take a vote today on the North Beach Historic District
Designation as currently proposed. The Executive Board of Governors at the Chamber
understands the significance of protecting the architectural heritage of the City, as this is
what makes Miami Beach special; however, they have significant concern related to the
Historic District designation, and would encourage further evaluation of its impact on the
economic redevelopment of North Beach in the age of climate change and the impacts of
sea level rise. They would like, at a future date, participation in a workshop to bring the
Chamber’s voice to this important issue to continue make the City a world-thriving
destination.
4. Former City Commissioner Jerry Libbin and Miami Beach Chamber President, added that
the Historic Preservation Board and the Planning Board have their own functions and
responsibilities, and they do a great job. The City Commission’s responsibility is to take
the totality of everything into consideration, and in looking at what the North Beach
Master Plan says, it promises that these great things can happen with all these
developments worth millions of dollars, but there needs to be a balance on whether or not
these developments would be happening with these Historic Districts in place. He asked if
the plan would work if people cannot protect their buildings against sea level rise due to
cost. The City Commission has the responsibility at looking at what the City is going to do
in terms of tax-based funds to pay for all infrastructures Citywide, and so he urged the
City Commission to have workshops and study the City’s financial impact, as well as the
impact on the owners of the properties, to ensure that the plan will be successful.
5. Mark Needle is here to address the Flamingo Park item, which was withdrawn from this
Commission Meeting; however, he thinks it is important to communicate his message. He
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 80 of 116
saw a comment from a Commissioner who has never been to the Flamingo Park
Neighborhood Association, or knows little about the history of their trying to create a
world-class passive park within the active uses of Flamingo, calling the opposition to
putting Fire Stations in public parks an instance of nimbyism. However, the Fire Station is
in their backyards, and they are asking that it stay where it is. Therefore, the question is
not if they are nimbyists that do not want a Fire Station in their neighborhood, but they are
trying to get the City to consider keeping it where it is or find another site, but not move it
across the street into a public park, which is bad policy. He thinks the fervent
cheerleading for creating a PAL Gym, when they have one, and creating parking lots,
when they have two, plus several parking lots around the park, is showing an ignorance
of what the park is. The 20 years of designing and planning for the Flamingo Park Master
Plan is about creating a beautiful, passive park in South Beach, and the City’s inability to
work at anything other than existing for sale properties is astounding to him. This City
Commission should be more creative in looking at sites for the Fire Station, such as the
first floors of parking garages and other sites than have not been fully explored.
Countywide, no one wants cities taking the cheapest and expedient way of taking
invaluable recreation open space, which is dedicated to be open space, and instead use
it for municipal needs.
6. Richard Rochinski has travelled for 37 years all over the world, and he could not believe
that the City would build a three or four story-parking garage in a City park; this does not
happen. Whether in Central Park, or in Boston, no one builds on a park. However, in
Miami Beach a massive structure is being proposed to be built on a park. It is absurd. He
spent time at Flamingo Park, and in speaking to park users, everyone spoke in
opposition. He hopes the City decides to do something else; if not, they will be out there
getting as many people as possible to campaign against this parking garage and Fire
Station in their park. In Istanbul, the government decided to build a mall in part of the
park, and actually, it became a political issue with them, but that is the only major city in
the world that would build such a large structure in a park. They encouraged the City
Commission to please reconsider and not allow this to happen. They will do whatever is
needed to stop this from happening.
7. Jolie Warshaw, Avalon Hotel employee, stated that she missed the meeting where the
10-Point Plan for Ocean Drive was adopted. She is extremely grateful for the work done
and the attention given to Ocean Drive with this plan; however, most of the meetings are
represented mainly by café and club owners, with little representation from hotels. She
feels the hotels perspective needs to be considered as well. Discussions are dominated
by one-sided view and fail to see the perspective of hotels, retails, restaurants and high-
end businesses. Ocean Drive is not a club zone; it is a hotel and high-end retail zone.
She feels the perspective of other business owners needs to be brought back. She
suggested putting the item back on the table. Ocean Drive has become a dangerous
place. The diverse hotel guests that they need to raise the standards for find the area
deplorable. She is in tune to the perception of the area from people from all ends of the
spectrum. The oceanfront rooms are now the least desirable rooms, they do not want to
pay the premiums due to noise and other issues not being addressed from their
perspective. As discussions continue, she implored that the Commission do the right
thing and consider the perception from honeymooners, cruise guests, conventioneers and
the family vacationers, and take the hotels into consideration.
8. Daniel Ciraldo, resident of Flamingo Park, concurs with his neighbors that parks are not
places for more community buildings. He asked the City Manager if the item was
withdrawn or will they have an opportunity to meet with the City and discuss possible
alternatives.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 81 of 116
City Manager Jimmy Morales stated that the project is currently unfunded, as it was not
included in the budget line items, but at some point, they will have to address the issue.
The current building is not right for a 21st Century Fire Station. There is a challenge that
some people think the current building is a historic building and preserving it and building
therein a Fire Station is not an easy concept. At this point, they will go back to the
drawing board and look at the different options, but without funding, at this point, they are
not sure what to do. They will continue to study it and once funded, will discuss again.
Daniel Ciraldo added that the neighbors would love to sit down with the Administration to
see if they can come up with good alternatives, including redeveloping the existing site.
9. Tonya Bott read a note emailed last night addressed to the City Commission regarding
North Beach development: The North Beach Master Plan process was an exemplary
method of City planning with civic engagement done right, costing hundreds and
thousands of dollars to engage a top notch firm, hundreds of City of Miami Beach staffers
led by Jeff Oris, and overseen by a Citizen’s Steering Committee, with representation of
the diverse cross-section of constituents. This process enjoy unprecedented public input
and engagement all along the way, which resulted in a recommended plan, where most
everybody felt that they gave up a little, but got a lot that they hope to see. This is the
very definition of cooperation and compromise, and should be held up as a model,
especially in these fractured political times. Since this presentation, its recommendations;
however, have been shifted away bit by bit; first came the high recommendations for the
City Center, now comes the significant reduction of protected historic areas. What will be
next? She begged the City Commission to heed the public sentiment and the Historic
Preservation Board’s recommendations to maintain the local designation and protection
of the Local Historic Districts, as put forth by the HPB’s Steering Committee, residents
and Dover Kohl. While they agree that sea level rise and sustainability are issues this City
is facing as a whole, this plan was developed with resiliency in mind and it protects what
they value, their historic edifices. There is no reason to think that thoughtful preservation
and forward looking solutions to sustainability issues cannot work together; they most
certainly can and must certainly should. She understand that waterfront parcels are
increasingly a rare commodity in the City, and new developers may make claims of
constructing new resilient buildings, but even with single family homes in this
predicament, as they have seen developers make promises and then build homes lower
than their original floor heights. The area, as put forth by the City’s Planning, for non-
inclusion of the protected areas in North Beach have many areas that have lower
elevations than the one they rejected. They seek to lead the country and the world in
sustainability, progress, solutions and leadership, and asked what better way to
showcase that progressive mind set than demonstrate the leadership on the
neighborhoods, which the residents, the experts at Dover Kohl, and the HPB all agree are
valuable and important for the City’s history and heritage; or would they rather become a
global example of government bait and switch. They do not need more committee
meetings debates; they have had all those and more, and the plan was enthusiastically
received by the public, City officials and by the HPB. Let us move forward in preserving
the original vision of the plan as embraced by all involved, and find and implement
innovative resiliency solutions to protect these cherished parts of the City we love.”
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 82 of 116
1:02:57 p.m.
R9 C DR. STANLEY SUTNICK CITIZEN'S FORUM.
Office of the City Clerk
ACTION : The following individuals spoke:
1. Ranz Leightens introduced the first washing station for dogs, called Doggiewash,
powered by Doggiematch, which is the first social media platform for dogs. Miami has a
big dog owning community and washing dogs is important for hygiene purposes.
Doggiewash allows pet owners wash their dogs in a clean and environmental safe
manner, especially in the City where people live in small condominiums and do not have
a proper place to wash their dogs. Walking to a dog park and being able to wash your
dog there may be a good solution for this situation. Doggiewash works as any vending
machine where you insert a ten-dollar bill, the soap and water will then dispense through
an adjustable hose with a time limit. All products are 100% biodegradable and safe for the
dog and environment.
Sandra Leightens added that they are part of a community of dog lovers; Miami has a
population of 280,000 dogs, and this is why it comes to have an opportunity to have a
washing machine at every park. They were thinking about giving the opportunity to this
innovative City to be the first one in the United States to have this system.
Mr. Leighten explained that the station has an integrated water management system,
which could save up to 32% of the water that is processed, and there is an integrated
three-stage air filtration system, which allows not going down the drain to prevent dog hair
from going into the sewage. They would like to proceed in pioneering this.
2. Ray Breslin complained that crime is rampant all over the place. Not just Miami Beach,
but everywhere else. He is concerned mostly with Miami Beach. In the Collins Park
neighborhood, they have had beatings and rapes, and lately problems have increased.
Since the library was built, there has been the ability to have a Police substation there;
every single Chief has been offered that, but no one has taken them up on it. They talked
to Captain David De La Espriella, who is interested in bringing such substation to the
library. They need to have it to control the homeless issues in the park, and would help
control the crime happening in the library. Just in the last week, there has been graffiti in
the park, on the library, on Miami City Ballet, on the corner of Liberty and 23 rd Street, and
this needs to stop. A Police sub-station would make a huge difference and he hopes they
do something about it.
Handouts and Reference Materials:
1. We are part of a community that love dogs booklet, DoggiesWash.
5:03:00 p.m.
R9 D DISCUSSION AND PRESENTATION ON MAKING MIAMI BEACH A "CITY OF KINDNESS."
Deferred from September 27, 2016 - R9 F
Commissioner Micky Steinberg
ACTION: Discussion held. Item referred to Neighborhood/Community Affairs Committee by
acclamation. Morgan Goldberg to place on the Commission Agenda. Tonya Daniels to
handle.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 83 of 116
REFERRAL:
Neighborhood/Community Affairs Committee (NCAC).
Commissioner Steinberg introduced the item and would like everyone to view a video, and
read the PowerPoint presentation that was distributed.
Video shown. Click link to view the video.
Commissioner Steinberg would like to start an initiative in the City to say “Yes” to kindness.
This started with Mayor Tom Tate in Anaheim; he launched different neighborhood programs
to promote kindness; there are different Apps and programs, but she thinks Miami Beach can
create their own unique program. Some of the schools, including North Beach Elementary
have their own Kindness Club. She believes it is time to take a moment to do better and strive
to do better as a community. She would like to refer this to the Neighborhood/Community
Affairs committee to discuss the direction of where, how, and what we can to do make Miami
Beach more centric.
Commissioner Alemán seconded the referral.
Handouts or Reference Materials:
1. Draft Ordinance distributed at the dais.
2. Copy of PowerPoint presentation.
City Clerk’s Note: Reference cityofkindness.org
3:30:00 p.m.
R9 E DISCUSSION REGARDING THE APPROVAL OF DESIGN OF AESTHETIC UPGRADES
TO 71ST STREET BRIDGE AND SUBMITTAL FOR PERMITS TO THE FLORIDA
DEPARTMENT OF TRANSPORTATION
Tourism, Culture and Economic Development
Commissioner Ricky Arriola
ACTION: Discussion held. Heard in conjunction with R9 F. Motion made by Commissioner
Alemán; seconded by Commissioner Arriola to accept conceptual design, authorize the
administration to go forward with permitting, and if something is installed, the City is willing
to maintain it; Voice vote: 7-0. Jeff Oris to handle.
Jeff Oris, Economic Development Division Director, introduced the item. It is an aesthetic
improvement to the 71 st Street Bridge, which now is solid concrete. There will not be any
structural changes to the bridge, only attachments.
Discussion held.
Commissioner Arriola explained that this item came about from North Beach feeling
neglected for a very long time. This started three years ago to enhance and beautify North
Beach. North Beach does not have any welcoming structures or signs such as Mid or
South Beach
Alyssa Kriplen from Shulman & Associates, explained the proposed welcoming structure
with a “floating” ellipse, and the changes to the bridge to meet the needs of pedestrians
and bicyclists. PowerPoint presentation can be seen here .
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 84 of 116
Jeff Oris stated that the changes they are proposing will be met with resistance from
FDOT, but it will be a battle worth fighting.
Commissioner Alemán is in full support.
Jeff Oris stated that they need a motion to accept conceptual design, authorize admin to
go forward with permitting, and if something is installed, the City is willing to maintain it.
3:30:00 p.m.
R9 F DISCUSSION REGARDING THE DESIGN OF CITY ENTRANCE SIGNS IN NORTH
BEACH.
Tourism, Culture and Economic Development
Commissioner Ricky Arriola
ACTION: Discussion held. Heard in conjunction with R9 E. Jeff Oris to handle.
6:29:27 p.m.
6:49:53 p.m.
R9 G DISCUSSION REGARDING THE USE OF CITY RESOURCES TO PROMOTE
INDIVIDUAL COMMISSIONERS.
Office of the City Manager
ACTION: Discussion held. Tonya Daniels to handle.
Jimmy L. Morales, City Manager, asked if the Mayor and Commission would like to have a
policy or guidelines in place for the Communications Department promoting
Commissioners.
Mayor Levine suggested having guidelines discussed. He believes if you are running for
office or filed paperwork to run for office that we should be sensitive to putting people on
television
Commissioner Rosen Gonzalez would like to understand, if she wanted to send out a
message, how would she do it?
Vice-Mayor Grieco stated that they are perpetually running for office, so they have to be
sensitive to what the City promotes. Three out of seven elected officials are running for
office at this time. Public service announcements are appropriate for the Communications
Department to promote; however, he agrees that there needs to be guidelines.
Mayor Levine suggested giving equal time for each Mayor and Commissioner per year,
such as television airtime and amount of flyers.
Commissioner Alemán stated she promotes the City differently, she does not include her
name or face on promotions rather she promotes the City as whole. She wanted to know
would there be guidelines if she does not promote herself.
Mayor Levine stated the key is equal access and to make it fair for everyone.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 85 of 116
3:59:14 p.m.
R9 H NORTH BEACH LOCAL HISTORIC DESIGNATION AND DEMOLITION MORATORIUM
UPDATE.
Planning
ACTION: Discussion Held. Conservation District referred to the Planning Board. Motion by
Commissioner Steinberg to refer the Conservation District to the Planning Board.
Seconded by Commissioner Alemán. Voice-vote: 7-0. Thomas Mooney and Michael
Belush to place on the Board agenda. Thomas Mooney to handle.
REFERRAL:
Conservation District to the Planning Board.
Deborah Tackett, Planning Department, gave an update on the temporary moratorium, as
requested during the July 13, 2016 Commission Meeting. The temporary moratorium was
for the entire boundary of the Normandy Isle National Historic District as well as the North
Shore National Registered District. The corresponding maps are labeled 5 and 6 in the
agenda packet. Since the July 13, 2016 Commission meeting, there has been one
demolition permit, and that was issued for the property located at 880 71 Street, pursuant
to the Miami-Dade County Unsafe Structures Board. The Planning Department has not
received any other request for demolition of any contributing building within those National
Registered District Boundaries. With regard to the Local Historic District update, on
October 11, 2016, the Planning Department presented two preliminary evaluations and
recommendations reports to the Historic Preservation Board. Those reports were
consistent with the boundaries that were recommendation in the North Beach Master Plan.
At that meeting, the Historic Preservation Board directed the Planning Department to
commence the preparation of Historic Designation Reports consistent with those
boundaries, and those are maps 1 and 2 in the Commission Agenda packet. At that point,
we had zoning in progress for those two areas. Currently, if any property owner wanted to
demolish a building or redevelop a property in those areas, they would be required to be
reviewed by the Historic Preservation Board. As a result, the Administration is
recommending that the temporary moratorium be rescinded. Ms. Tackett would also like to
mention as part of the Historic Preservation Board’s Recommendation, that they did
request that design guideline be developed in conjunction with the Historic Designation
Reports that would encourage resilient development and more flexibility of the
redevelopment of the properties.
Commissioner Malakoff stated that the design guidelines are very important.
Ms. Tackett stated that the Commission was notified about the Historic Preservation
Board’s decision via LTC # 417-2016 . The designation process is outlined in the
Commission Memorandum in the Commission packet. According to the City Code, the
City Commission has a 60-day window in which they could modify the recommendation by
the Historic Preservation Board. That would be from the October 11, 2016 meeting.
Commissioner Malakoff stated that she believes that it is time to remove the moratorium,
since now it is zoning in progress.
Ms. Tackett confirmed that the lifting of the moratorium is the Administration’s
recommendation.
Commissioner Arriola inquired if the motion has to be that the Commission lifts or rescinds
the moratorium.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 86 of 116
Commissioner Malakoff stated that the Historic Districts are not finally approved yet.
Discussion held regarding zoning in progress.
Commissioner Malakoff inquired if the zoning in progress would prevent the demolitions.
Ms. Tackett explained that it would require any requested demolition to be reviewed and
approved by the Historic Preservation Board.
Vice-Mayor Grieco stated that this was just a procedural issue; it is duplicative to have a
moratorium.
City Attorney Raul J. Aguila explained that if the Commission wanted to rescind the
moratorium, since it was adopted by Ordinance, at the next Commission meeting the
Office of the City Attorney would bring a Repealer Ordinance rescinding the moratorium.
Vice-Mayor Grieco inquired if the Ordinance rescinding the moratorium requires two
readings. City Attorney Aguila responded in the affirmative.
4:03:37 p.m.
Commissioner Alemán stated that she has an item, R9 AE, and it is related to this.
Commissioner Alemán held up a map. The map, which is from the North Beach Master
Plan, is the map that makes sense to her. The blue is what the master plan says and what
the Historic Preservation Board agreed. The four parcels should be the Local Historic
District. The red is the outline of the National Historic District. The yellow part in the middle
is where the Master Plan called for a Neighborhood Conservation District. To her
understanding, the Neighborhood Conservation District still would maintain the height and
the scale of the neighborhood and would require in any new development the architectural
style guide, design elements and so forth, which still need to be developed.
Susanne M. Torriente , Assistant City Manager, explained that the reason this item is
before the City Commission today is because the City Commission gave the
Administration direction to start the historic designation process in the North Beach Master
Plan. That is what went to the October 11, 2016 Historic Preservation Board.
Ms. Tackett explained that the Conservation District that was recommended by the Master
Plan, but it is not part of the designation process. It actually would be a separate Land
Development Regulation.
Assistant City Manager Torriente added that the Conservation District process has not
begun. It could commence with a Commission referral, if that is the will of the Commission.
Commissioner Alemán stated that it is her understanding that staff did not recommend that
some of the scope be included in Local Designation, although they did recommend that
some of that territory be part of the Conservation District. She does not know what
happens with that conflict between the staff recommendation and the Historic Preservation
Board recommendation, as they are not the same.
Assistant City Manager Torriente explained that what is before the Commission is the
Historic Preservation Board recommendation.
Eve Boutsis, Chief Deputy Assistant City Attorney, stated that if the Commission would
like to continue the moratorium so they could get the regulations for the Conservation
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 87 of 116
District in place. Ms. Boutsis added that the Commission removes the moratorium; they
are only protecting those areas that are within the proposed Local and National Historic
Districts.
Discussion continued.
Commissioner Alemán moved that the moratorium stay in place for the Conservation
District.
City Attorney Aguila asked when the current moratorium expires. Ms. Tackett explained
that it is 180 days from the July 13, 2016 Commission Meeting, which is January 9, 2017.
Commissioner Steinberg stated that at this point, it is just best to leave the moratorium in
place.
Commissioner Arriola stated that if the current moratorium is not lifted they still have two
months to discuss the Conservation District.
Commissioner Alemán stated that she withdraws item R9 AE.
Assistant City Manager Torriente inquired if the Commission is initiating a referral for the
Conservation District.
Motion by Commissioner Steinberg to refer the Conservation District to the Planning
Board. Seconded by Commissioner Alemán.
6:19:55 p. m.
R9 I DISCUSSION REGARDING ADDITIONAL TOOLS AND ENHANCEMENTS TO THE
CITY'S SHORT TERM RENTAL RESOURCE WEBPAGE.
Deferred from September 14, 2016 - R9 D
Commissioner John Elizabeth Alemán
ACTION: Discussion held. Tonya Daniels, Ariel Sosa, Hernan Cardeno and Tom
Mooney to handle.
Commissioner Alemán introduced the item. She explained that if a long-term property
owner wants to find a long-term tenant, this webpage would list all short-term rental code
violators and that will help owners find better-qualified tenants. In addition, she wants
visitors to be able to search short-term rental addresses to verify if they are legal or not.
Commissioner Alemán suggested doing a review the current webpage, to make it more
user oriented.
Tonya Daniels, Communications Director, presented the website as it looks now, and
explained a few of the key features. Visit the website at: practicesaferenting.com
Commissioner Alemán asked Tonya Daniels and Mark Taxis to work together and make
the website user and reader friendly.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 88 of 116
4:29:48 p.m.
R9 J DISCUSSION REGARDING CARRYING OUT A NORTH BEACH DIGITAL CITIZEN
BOOTCAMP.
Deferred from September 14, 2016 - R9 F
Commissioner John Elizabeth Alemán
ACTION: Discussion held. Motion made by Commissioner Alemán; seconded by
Commissioner Rosen Gonzalez. Voice vote: 7-0. Jeff Oris and Dr. Leslie Rosenfeld to
handle.
Commissioner Alemán stated the City of Miami recently introduced a successful
technology boot camp program providing specialized computer training to underserved
local communities. The organization, which is based out of Liberty City, is known as Digital
Citizen Bootcamp. It aims to attract residents with low to middle class income and provide
them with tech training. The program is a free eight-week comprehensive program that
provides technical expertise, coding classes, and professional support for residents
interested in careers in the tech industry. She would like to know if there is support, is so,
she will ask staff to help plan the program for 2017 in the North Beach community.
Commissioner Rosen Gonzalez stated Commissioner Alemán should work with the Knight
Foundation, because they have a large coding initiative and they work with Miami Dade
College, as a result. She stated there is a great deal of funding for this; therefore, it may be
possible to get funding outside of the City if we work with the Knight Foundation.
Commissioner Rosen Gonzalez stated she fully supports this program.
Mayor Levine asked if they wanted to move the item. Commissioner Alemán; seconded by
Commissioner Rosen Gonzalez.
R9 K DISCUSSION REGARDING THE CREATION OF COMMUNITY REDEVELOPMENT
AGENCY (CRA) FOR NORTH BEACH.
Deferred from September 14, 2016 - R9 G
Commissioner Kristen Rosen Gonzalez
ACTION: Item withdrawn.
City Clerk’s Note : Commissioner Malakoff left at 6:20 p.m.
6:23:21 p.m.
R9 L DISCUSSION REGARDING HOMELESSNESS MONEY FROM SHORT TERM RENTAL
FINES.
Deferred from September 14, 2016 - R9 H Mayor Philip Levine
ACTION: Discussion held. Motion by Commissioner Alemán to refer to Finance;
seconded by Commissioner Rosen Gonzalez; by acclamation. Voice vote: 5-0; Absent:
Mayor Levine and Commissioner Malakoff. Allison Williams to place on the Committee
Agenda and to handle. Maria Ruiz and Hernan Cardeno to handle.
REFERRAL:
Finance and Citywide Projects Committee
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 89 of 116
Vice-Mayor Grieco stated this item is sponsored from Mayor Levine. It is about taking the
money the City receives in short-term rental violations and apply them to homeless
outreach and homeless services.
Commissioner Alemán stated in addition she would like money to go to the affordable
workforce housing.
Vice-Mayor Grieco stated he would like to refer the item to Finance, when it comes back,
the Mayor can make adjustments.
Commissioner Alemán made the motion to refer the item to Finance. Seconded by
Commissioner Rosen Gonzalez.
R9 M DISCUSSION ITEM REGARDING ELEVATIONS.
Deferred from September 14, 2016 - R9 I
Commissioner John Elizabeth Alemán
ACTION: Item deferred to November 9, 2016 .
6:24:40 p.m.
R9 N DISCUSSION RELATING TO THE CREATION OF A BLUE RIBBON PANEL TO HELP
GUIDE THE MODERN STREETCAR PROCESS.
Deferred from September 14, 2016 - R9 J
Commissioner Kristen Rosen Gonzalez
ACTION: Discussion held.
Commissioner Rosen Gonzalez introduced the item; she said there are business owners
and a great deal of people who would like to work with the process. She wanted to know
how the other elected officials would feel if there was more public input.
Commissioner Alemán stated that she welcomes public input. Whatever they do, needs to
be part of the environmental study and suggested looking at the meetings they already
have had. Since everyone needs to have input, the project managers need to weigh in on
having a redundant input dialog process, we should take the dialog process that is already
in place and expand it if needed.
Commissioner Rosen Gonzalez suggested creating a Blue Ribbon Panel that could meet
at least five to seven times, that way we could publicly publish the meetings; it would show
good will because that way it is consolidating all-important sections into one place.
Raul J. Aguila, City Attorney, informed Commissioner Rosen Gonzalez that the Mayor is
the only one that can create a Blue Ribbon Panel.
Commissioner Rosen Gonzalez asked the elected officials if they would be agreeable if
she deferred the item until next meeting.
Winsome Bowen, Transportation Deputy Director, stated that a Blue Ribbon Panel would
be helpful, as long as they understand that it is an advisory position.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 90 of 116
6:27:07 p.m.
Mayor Levine stated he is against the idea of a Blue Ribbon Committee at this time, if he
feels the need to create a panel later then he will. The County is not doing it; there are
plenty of boards already in place.
Raul J. Aguila, City Attorney, reiterated that the Mayor is the only person who could create
Blue Ribbon Panels.
Commissioner Rosen Gonzalez said it is not to stop the project; it is to have one place
where everyone can get together.
4:30:55 p.m.
SUPPLEMENTAL MATERIAL 2: ADDITIONAL INFORMATION
R9 O STATUS UPDATE ON THE LIGHT RAIL/MODERN STREETCAR PROJECT IN MIAMI
BEACH.
Transportation
Supplemental updated on 10/18/2016
ACTION: Discussion held. Direction given to proceed as recommended by the City
Manager; approved acclamation; Oppose: Commissioner Rosen Gonzalez. Jose
Gonzalez to handle.
City Manager Morales explained the item. The City is pursuing a dual parallel track for the
light rail train system. The first track is the traditional environmental assessment,
community outreach, and putting together a potential funding plan in connection to the
Streetcar program. The second parallel track is the procurement process based on the
short-listing that occurred in July 2016. With respect to the second track, the
Administration is still negotiating the interim agreement. He hopes to bring the item to the
City Commission on November 9, 2016, but it could be December 14, 2016. On the first
track, he anticipates having the preliminary environmental report in December. One of the
things the City Manager wanted direction on is that as the Administration has been going
through this process, it has been doing so in two phases - which includes Phase 1, which
is the loop through 5th Street and Washington and the second Phase that is the loop
through Dade Boulevard and Alton Road. The Administration has been looking at funding,
cost and logistical issues. It is the Administration’s recommendation that as we move
forward in the environmental process and in the discussion with the interim agreement,
like it has been done in other communities that we focus on Phase 1 of the project – crawl
before you run – focus on Phase 1, 5 th Street and Washington, with perhaps a stop at the
Miami Beach High School. Factors that have lead the Administration to this
recommendation are 1) it significantly reduces capital and costs, as shown in the report
that was circulated; 2) it eliminates the need to utilize funding sources like tolling or special
assessments on business, 3) it also eliminates Alton Road, so therefore the argument that
how can we start ripping up Alton Road two years after it was finished as well as logistical
issues there are removed; and 4) It leaves the second Phase, which can be potentially
eligible for Federal funded when the County and the City of Miami move forward, so it
reserves that piece for Federal eligibility. City Manager Morales stated that this is
consistent with the approaches taken in other cities. His recommendations are within the
City’s funding schemes, as some of the other options were not only expensive but also
added significant delays to the process. City Manager Morales stated that if the
Commission agrees, they would continue with the negotiations and in the project
assessment on that basis.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 91 of 116
6:29:21 p.m.
R9 P DISCUSSION REGARDING THE LIGHTING AND SECURITY AT MONUMENT ISLAND.
Deferred from September 14, 2016 - R9 N
Commissioner Kristen Rosen Gonzalez
ACTION: Discussion held. Item heard in conjunction with R9 Q. John Rebar to handle.
Commissioner Rosen Gonzalez stated that Monument Island is very dirty and needs to be
maintained. She would also like lighting to be installed.
John Rebar, Parks and Recreation Department Director, stated that there have been
works to revamp Monument Island for a while. Some of the proposals were rejected by the
previous Commission as too expensive. There is a project to put in lights within the next
six months. Litter is currently being cleaned up once a week through a contractor.
6:29:21 p.m.
R9 Q DISCUSSION REGARDING CLEANUP AND LIGHTING OF HISTORIC FLAGLER
MEMORIAL ON MONUMENT ISLAND.
Deferred from September 14, 2016 - R9 O
Mayor Philip Levine
ACTION: Discussion held. Item heard in conjunction with R9 P. John Rebar to handle.
R9 R DISCUSSION REGARDING AMOUNT OF AND CONTENT OF SIGNAGE IN THE CITY.
Deferred from September 14, 2016 - R9 P
Vice-Mayor Michael Grieco
ACTION: Item withdrawn.
6:31:29 p.m.
R9 S DISCUSSION AND REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE
REGARDING HOME BASED BUSINESSES.
Deferred from September 14, 2016 - R9 T
Commissioner Kristen Rosen Gonzalez
ACTION: Item deferred to the November 9, 2016 Commission Meeting by Commissioner
Rosen Gonzalez.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 92 of 116
6:31:52 p.m.
R9 T DISCUSSION REGARDING RECOMMENDED TRAFFIC CALMING IMPROVEMENTS IN
THE CENTRAL BAYSHORE NEIGHBORHOOD.
Transportation
ACTION: Discussion held. Motion by Vice-Mayor Grieco to meet with the neighbors and
do outreach; determine the costs of the project and refer the item to the
Neighborhood/Community Affairs Committee for vetting. Seconded by Commissioner
Steinberg.
1) Jose Gonzalez to do outreach to neighborhood. David Martinez and Jose
Gonzalez to determine costs.
2) Morgan Goldberg to place on the Committee Agenda; Jose Gonzalez and David
Martinez to handle.
REFERRAL:
Neighborhood/Community Affairs Committee (NCAC)
Vice-Mayor Grieco is reminding everyone that the City Commission requested a traffic
study in Bayshore earlier this year.
Josiel Ferrer, Transportation Manager, introduced the item and presented a PowerPoint
presentation. He stated there is a currently a project going on South of 34 th and they
looked at this area right before the project and the school year ended. The traffic study
included speed data, origin to destination to determine how much cut through traffic was
occurring, volume data, and they came up with several recommendations. One of the
alarming numbers that were discovered is the speeding in four quarters in particular,
which are Meridian Avenue, Prairie Avenue, 28 th and Sheridan; as much as 38 miles an
hour, which is eight miles an hour over the speed limit. Josiel Ferrer suggested using the
street guideline design that shies away from current design, which are speed humps. He
recommended using the street guideline that is a little more progressive and neighborhood
contextual. He suggested using small circles, mini circles, or a horizontal curve in the road
that will make drivers slow down. The estimated cost is approximately $900,000 for all of
the improvements. It is does not take in account that possible need of drain changes.
There is a project south of 34 th that is at a 60% design; however, they are bringing up this
item to consider the effect on traffic.
PowerPoint presentation shown (Click here to view).
Discussion held.
Vice-Mayor Grieco asked what steps should be made for the design process and is it
something that needs to be reviewed at the next budget cycle.
Josiel Ferrer stated the study was conducted internally and it is “an all in number.”
Commissioner Steinberg asked when the area is due for their capital improvement.
Josiel Ferrer stated the capital project is in progress and they are at 60%.
Commissioner Steinberg stated she gets nervous to go through all of that and then go
back to make modifications, because they want to make sure they keep in mind the traffic
in the area.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 93 of 116
Mr. Ferrer explained the project does not take in account the funding; we will bring the
funding to the Commission for discussion. However, he recommends they vet this a little
more and possibly go through a design process. He also recommends the mini circles.
Vice-Mayor Grieco said a capital project is a large project; it is not just a surface job. He
asked what steps they would have to take to incorporate this into the design project, how
disruptive would it be.
Commissioner Alemán believes this is the time to implement the traffic suggestions.
David Martinez, CIP Director, stated they are in the process of designing the storm
system, and there will be a financial impact depending on what the Commission decides to
do regarding traffic improvements.
Vice-Mayor Grieco stated they have to determine how much of a delay it would create if it
were incorporated into the current design process and if it is too much of a delay, how
disruptive would it be if it were done as separate project. Vice-Mayor Grieco directed that
the residents in the neighborhood be included in the discussion relating to the traffic-
calming project.
Commissioner Alemán requested that the analysis be done quickly and suggested
referring the item to the Neighborhood/Community Affairs Committee.
Mr. Ferrer stated they have not taken the results of the traffic study and recommendations
to the neighborhood.
Commissioner Steinberg agreed that it should the results should be presented to the
neighborhood feel the appetite.
Mr. Ferrer stated that wherever they put a circle or any other treatment they will need one
hundred percent concurrence from the neighbors, as well as a 2/3 balloting from the entire
neighborhood and that is by their process.
Commissioner Alemán stated that outreach was necessary.
Commissioner Steinberg asked if there is a way to consolidate the construction cost.
David Martinez stated it is a design build contract and they are currently in the process of
designing the storm system. Depending on the design on when it can be built, there will be
a premium. The longer it takes the more the price will rise and the leverage will drop with
negotiations.
Vice-Mayor Grieco stated that the direction is to meet with the neighbors and do outreach;
determine the costs and refer the item to the Neighborhood/Community Affairs Committee.
Seconded by Commissioner Steinberg.
Commissioner Rosen Gonzalez is happy to see the direction the transportation
department is taking; and would like more roundabouts as it will maintain the flow of traffic
and prevent confusion created by stop signs. She would like to see similar plans across
the City. She congratulated the Transportation Department.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 94 of 116
5:32:30 p.m.
R9 U DISCUSSION REGARDING AN AMENDMENT TO THE AGREEMENT BETWEEN THE
CITY AND CLEAR CHANNEL ADSHEL, INC., DATED OCTOBER 17, 2001, TO
CONSTRUCT, OPERATE AND MAINTAIN BUS SHELTER STRUCTURES AND OTHER
STREET FURNITURE THROUGHOUT THE CITY, PURSUANT TO REQUEST FOR
PROPOSALS NO. 107-99/00.
Deferred from September 14, 2016 - R9 U
Transportation
ACTION: Discussion held. Jose Gonzalez to handle.
Jose Gonzalez, Transportation Director, introduced the item. Pursuant to the direction of
the Commissioners, the Transportation Department has been in negotiations with Clear
Channel for a few months now and has met with them a couple of times. Clear Channel
has expressed concerns with the costs associated with the removal of several bus
shelters. The City has not been able to move forward; during the negotiations, Mr.
Gonzalez proffered a deal that the City would pay 50% of the cost for certain bus shelters
that need to be removed due to construction projects.
Raul J. Aguila, City Attorney, explained that the Clear Channel contract expires at the end
of October 2016. The City has been in negotiations with Clear Channel to remove some
bus shelters and to restore the City property to its original condition. When they go out to
bid on every contract, he has not encountered a vendor that does not maintain the status
quo until the new contract is awarded; but Clear Channel has said that unless the City
renews the contract for five years, they will remove all of the bus shelters, after the
expiration of the contract.
Andrew Suarez, Clear Channel Adshel, Inc., stated the in the event there is a removal of
the shelters by Department of Transportation (DOT), Clear Channel is not responsible for
the cost of the shelter. Mr. Suarez said there are not violating anything.
Raul J. Aguila, City Attorney, said that is separate issue and he is talking about renewing
the contract. City Attorney Aguila asked Mr. Suarez if they do not renew the contract,
would Clear Channel remove all of the bus shelters upon expiration of the contract.
Andrew Suarez, Clear Channel Adshel, Inc. stated that it was the decision of Miami Beach
to remove the bus shelters. He said the City asked and clarified in the contract that in the
event of a termination of contract, Clear Channel will remove the bus shelters.
Raul J. Aguila, City Attorney, asked Mr. Suarez would Clear Channel remove the bus
shelters at the end of the expiration or termination of contract.
Andrew Suarez, Clear Channel Adshel, Inc. stated Clear Channel will do what is in the
contract and they will remove the bus shelters in the case of a contract termination not
expiration.
Raul J. Aguila, City Attorney, asked if Clear Channel would remain with the status quo
until the City completes the competitive bid protest and award the contract. City Attorney
Aguila asked if the City has the correct understanding.
Discussion continued.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 95 of 116
Andrew Suarez, Clear Channel Adshel, Inc., reaffirmed they will not remove bus shelters;
however, they will be removed if there is a termination.
City Manager Morales asked when we get to that point, assuming Clear Channel will
compete in the bidding process and if Clear Channel is not selected one of the
discussions is if the City wants to keep certain shelters; can we choose what shelters to
keep and what shelters can be removed.
Discussion continued.
Commissioner Arriola wants to see this competitively bid. He does not like talk that if the
City does not renew the contract with Clear Channel, there will be issues.
Andrew Suarez, Clear Channel Adshel, Inc. apologized for the misunderstanding. There
are 54 sites that have been identified where a shelter can be produced; also, there is 150
plus bus shelters that needs refurbishing. Mr. Suarez recommended creating a Request
for Proposal (RFP) for the new bus shelters and refurbishing of the new bus stops, and
leaving the bus shelters alone that do not need improvements.
Commissioner Arriola stated some of the highest revenue generating bus stops makes it
difficult for the winning bidder to bid on the less attractive and revenue generating bus
stops, which is why he will not go in that direction.
Discussion continued.
Mayor Levine asked City Manager Morales how to determine which are the best locations
for bus shelters.
Commissioner Arriola stated while he was campaigning many people complained about
the lack of bus shelters, then he thought about the iconic lifeguard stations that are known
worldwide and questioned why could we not have 10 to 20 bus shelters that are iconic. He
stated we would do an RFP for the new bus shelters and another bid for a firm to design
the iconic bus shelters.
Commissioner Rosen Gonzalez suggested putting it out to bid. She asked what the 50%
agency fee is.
Andrew Suarez, Clear Channel Adshel, Inc. is not sure what the agency fee is.
Vice-Mayor Grieco stated that changed about 10 years ago, the agencies stopped paying
it out so it was included in part of the contract.
Commissioner Rosen Gonzalez stated in Andrews favor, he has visited Rebecca Towers
to interact with the residents about their request regarding bus shelters.
Discussion continued.
Raul J. Aguila, City Attorney, thanked Andrew Suarez for clarification, and asked the City
Manager and Commissioners if they are ok to keep Clear Channel contracted on a month-
to-month basis, until the new RFP process is completed.
Commissioner Alemán asked if Clear Channel is willing to abide by term agreements on a
month-to-month basis.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 96 of 116
Andrew Suarez, Clear Channel Adshel, Inc., stated they have gone above and beyond the
call of duty. They invested in Alton Road, as this was not part of the contract. A month-to-
month contract is different; they will not be able to amortize their capital investment; the
deal they were able to reach if they do a five-year extension, Clear Channel is willing to
sell the shelters to the City, so that they own it five years from now. That is the only deal
they were able to agree on. He stated to repair things during the month-to-month contract
depends on the amount of the project.
Commissioner Arriola is pushing for the RFP.
Commissioner Alemán stated that as they do public work initiatives, they need to remove
bus stops, and asked if Clear Channel will support them, and how will this be negotiated.
Andrew Suarez, Clear Channel Adshel, Inc. stated they would not add capital
improvement projects during a month-to-month contract.
Raul J. Aguila, City Attorney, added that when the City has a long-term vendor that is a
good partner without any issues, he could not remember having serious issues; his
concern was the perception of having a gun to his head. City Attorney Aguila would not
expect the City to impose unreasonable capital demands while they are in the middle of
procurement process; his idea was to keep a status quo.
Commissioner Alemán suggested doing an assessment of the projects going on.
City Attorney Aguila stated that the City’s position is to keep Clear Channel on month-to-
month contract basis as a status quo. Once the procurement process is completed, if
Clear Channel is not the successful bidder, the City will proceed or negotiate a
transition/removal of bus shelters, or negotiate a buyout at that time for any shelters that
may want to be retained.
Commissioner Rosen Gonzalez suggested getting an appraisal if there is a buyout.
Discussion continued.
Jose Gonzalez, Transportation Director, added that they are in the process of negotiating.
Vice-Mayor Grieco asked what action needs to be taken today. City Attorney Aguila
opined that this item does not need any action. As a result, Vice-Mayor Grieco ended the
discussion and moved onto the next item.
3:41:27 p.m.
R9 V DISCUSSION ON AWARD OF $60,000 FOR ENVIRONMENTAL GRANTS PROVIDED
BY THE BOUCHER BROTHERS MIAMI BEACH LLC PUBLIC BEACHFRONT
CONCESSION AGREEMENT AND THE FRANCHISEE WASTE HAULER AGREEMENT.
Deferred from September 14, 2016 - R9 X
Environment and Sustainability
ACTION: Discussion held. Motion made by Vice-Mayor Grieco; seconded by
Commissioner Arriola to allocate $5,000 Volunteer Clean Up from the Doulas Biscayne
Nature Center; and refer future allocations of this grant to the Sustainability Committee for
vetting prior to awards; Voice-vote: 7-0. Elizabeth Wheaton to handle.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 97 of 116
Vice-Mayor Grieco stated that it is important for the City Commission to know how grant
money is distributed, in order to continue to help clean up waterways and doing other
activities. It was brought to his attention that some of the organizations that received
funding do very little in Miami Beach. In particular, the City has given the key to the City to
Mr. Doebler, and he was an applicant for the grant money. He would like to revisit where
the $60,000 dollar grant money was distributed, $15,000 was given to the Pelican Harbor
Seabird Station; $15,000 to Team Job Corps; $15,000 to the Marjory Stoneman Douglas
Biscayne Nature Center; $10,000 to Miami Beach Botanical Garden; and $5,000 to
Institute for Regional Conservation and the remainder of applicants received nothing. He
stated Volunteer Clean Up is an organization that does a great deal in Miami Beach, and
he would like to allocate $5,000 toward them by taking it from Douglas Biscayne Nature
Center.
Commissioner Malakoff and Mayor Levine believe it is a good idea.
Commissioner Alemán informed that the Marjorie Stoneman Foundation funding goes
towards school activities.
Vice-Mayor Grieco would like to send this annually to the Sustainability Committee for
vetting of the grant recommendations.
4:38:37 p.m.
R9 W DISCUSSION REGARDING THE CREATION OF VOLUNTARY SMOKE FREE
ZONES/BLOCK ON THE BEACH SAND.
Deferred from September 14, 2016 - R9 Y
Environment and Sustainability
ACTION: Discussion held. Approved by acclamation. Elizabeth Wheaton to handle.
Vice-Mayor Grieco reminded everyone present that there is a State preemption on
passing local cigarette smoking bans. He would like to create voluntary smoke free
sections in North, Mid, and South Beach. The City should move forward with positive
signage to promote cleaner air and a more family friendly beach atmosphere. If this
measure works, it could be expanded on. He clarified that this is not a punitive action
against smoking.
Approved by acclamation.
6:42:43 p.m.
R9 X DISCUSSION TO CONSIDER "VERTICAL GARDENS" ON HIGHWAY PILLARS AND
OVERPASSES IN LIEU OF OR IN ADDITION TO PAINTING.
Deferred from September 14, 2016 - R9 Z
Commissioner John Elizabeth Alemán
Co-sponsored by Commissioner Joy Malakoff
ACTION: Discussion held. Motion made by Commissioner Rosen Gonzalez to put this out
to bid; seconded by Commissioner Steinberg. Voice-Vote: 6-0; Absent: Commissioner
Malakoff. Alex Denis, Jose Gonzalez and Rodney Knowles to handle. Item referred to
the Finance and Citywide Committee by acclamation to assess costs. Allison Williams to
place on the Committee agenda; Rodney Knowles to handle.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 98 of 116
Commissioner Alemán introduced the item and presented a video regarding Mexico’s
Living Wall. If the Commission agrees, the costs to do a similar project in Miami Beach
should be reviewed by the Finance and Citywide Projects Committee. Click here for video.
Commissioner Alemán stated that if her colleagues agree we should ask City staff to
determine what it would take on the same scope of overpasses we were considering
painting, and bring back the number to the Finance and Citywide Projects Committee.
Vice-Mayor Grieco thinks this is a great idea, and he would love to see it under the Alton
Road overpass.
Rodney Knowles, Greenspace Management, explained that the City has reached out to
three turnkey design firms to find out what it would take to implement this. Many of the
turnkey operations sell modules, and they stack them depending on where they will be
affixed. Many of the modules are catered to internal applications for lobbies, so the design
challenge is to provide something that is viable out on the landscape, but by the same
token has to be removable in case the column has to be inspected in case a structure is
compromised; inspected at least once a year. Two of the design consultants can provide
the modules, but they would need the City to provide the dimensions and workout the
substructure; the third consultant was reluctant to give us a price, without entering into a
design agreement with the City, because they did not want to solve the solution without
compensation. In the video, Mr. Fernando used a metal fabricator; therefore, Mr. Knowles
had a metal fabricator meet him on site and he took all of the measurements and provided
him with an approximate cost of $150,000 dollars just for the structure itself; not plants.
Vice-Mayor Grieco stated previous companies have provided suggestion as to what to do
with the Alton Road overpass and the costs were in the millions of dollars to do designs in
previous years; and the current idea is money well spent. He thinks it is worth the money.
Commissioner Alemán suggested continuing to research to find a costs effective solution.
Commissioner Steinberg supports the idea and asked the maintenance cost.
Mr. Knowles explained that many of the turnkey operations offer maintenance or City staff
could be trained to maintain it. Mr. Knowles explained that the maintenance entails
switching out the individual plants that are held in pockets and rotating the material.
Commissioner Rosen Gonzalez made a motion to put it out for bid. Seconded by
Commissioner Steinberg. Voice vote 6-0; Commissioner Malakoff absent.
R9 Y DISCUSSION REGARDING PROPOSED LOCATION FOR NEW FIRE STATION NO. 1
AT FLAMINGO PARK PARKING LOT SITE.
Capital Improvement Projects
ACTION: Item withdrawn.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 99 of 116
1:28:32 p.m.
R9 Z DISCUSSION REGARDING THE CONSIDERATION TO SECURE STATE AND
FEDERAL FUNDING TO ASSIST WITH ELIMINATING SEPTIC SYSTEMS AND
CONVERTING TO SEWER SYSTEM CONNECTIONS.
Commissioner John Elizabeth Alemán
ACTION: Discussion held. Resolution 2016-29615 adopted. Resolution adopted by
acclamation. Office of the City Attorney and Jay Fink to draft the Resolution and to
handle.
The title of Resolution 2016-29615 reads:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, SUPPORTING MIAMI-DADE COUNTY’S EFFORT TO SECURE
STATE AND FEDERAL FUNDING TO ASSIST WITH ELIMINATING SEPTIC SYSTEMS
AND CONVERTING TO SEWER SYSTEM CONNECTIONS.
Commissioner Alemán explained that a request from the County was received to join
efforts in encouraging converting to sewer from septic systems. Commissioner Alemán
stated that as of yesterday, they found out that in the City of Miami Beach there are no
septic systems, because of the laws in place. They can either withdraw the item, or send a
Resolution of moral support to the County, so they can count us as one of the
municipalities that have complied. The City of Doral passed a similar Resolution in
October.
Jimmy L. Morales, City Manager, stated that in long-term resiliency, septic tanks are not
best practice and it is a good idea countywide.
Commissioner Alemán is happy to weigh in on the issue for the County.
TO DO:
Resolution to be drafted by the Office of the City Attorney.
4:34:54 p.m.
R9 AA DISCUSSION REGARDING A POTENTIAL SIX-MONTH STREETSCAPE
ENHANCEMENT PILOT PROJECT TO BE CARRIED OUT ON WASHINGTON AVENUE.
Commissioner John Elizabeth Alemán
ACTION: Discussion held. Moved by Commissioner Alemán; seconded by Vice-Mayor
Grieco to move forward with the pilot project. Voice-vote: 7-0. Eric Carpenter to handle.
Steve Polisar, Esq., representing various tenants on Washington Avenue, requested that
the City make some instrumental changes that would enhance the quality of life in the
area. They met with staff from Public Works, Code Enforcement and the Police
Department to upgrade sidewalks as a pilot project, add lighting and address some of the
homeless issues. It is beneficial to send a message Citywide that Washington Avenue is
being identified as an important street. He urged the City to do this pilot project.
Commissioner Alemán stated that the scope of the project is limited, from 14 th to 16 th on
Washington, and consists of installing lighting, adding palm trees on the median and
painting the east side of the sidewalk only, due to the Española project on the west. It will
be a charming project and will allow paint testing for durability. She reassured that if paint
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 100 of 116
treatment works, they would ultimately become something that the Washington BID would
maintain and pay for on an ongoing basis.
There was consensus that this is a great idea.
Handouts or Reference Materials:
1. Email from Step V steph@cheeseburgerbaby.net , dated October 18, 2016 RE: Item R9 AA.
2. Email from Steve Polisar, Esq., dated October 18, 2016 RE: Washington Avenue pilot project
upgrade.
3. Email from George Yiannikakis yiannikg@gmail.com dated October 19, 2016 RE: Washington
Avenue pilot program.
4. Email from Jairo Hurtado dated October 19, 2016 RE: Washington Avenue Improvements.
6:05:15 p.m.
R9 AB DISCUSSION TO CONSIDER STEPS TO BE TAKEN TO SAVE THE SOUTH BEACH
LOCAL.
Deferred from September 27, 2016 - R9 H
Transportation
Commissioner Kristen Rosen Gonzalez
ACTION: Discussion held. Motion made by Commissioner Rosen Gonzalez to go back
and negotiate with the County and get numbers for comparison; seconded by
Commissioner Alemán. Approved by acclamation. (Absent Mayor Levine) Bring back to
the November 9, 2016 Commission Meeting. Lilia Cardillo to place on the Commission
Agenda, if received. Jose Gonzalez to handle.
Commissioner Rosen Gonzalez stated that the City plans to terminate the South Beach
Local and replace it with the Trolley system, but many Local riders are not aware of this.
According to the City Administration, the County is cancelling the services. However, the
County informed her that it is the City that is cancelling the service. She is not sure who is
cancelling the service at this point; however, she is against the idea that the service is to
disappear just because some powerful lobbyists sold the City Commission on the idea of
trolleys. She would like to try to save the Local. She asked what the cost of the South
Beach Trolley versus the cost of the South Beach Local comparing the County and the
City’s contributions.
Jose Gonzalez, Transportation Director, explained that the City is not terminating the
South Beach Local; the agreement for services expires in February 2017. They have had
preliminary discussions with County staff, but have not been promised as far as a similar
70% contribution of the Local, with the City paying 30%. Based on the conversations with
County staff and the City’s review of the most recent similar contract the County entered
into, it is expected that the City will pay 100% of the costs. Mr. Gonzalez clarified that the
direction from this City Commission was to proceed with the South Beach Trolley, so they
did not negotiate a new South Beach Local.
Commissioner Rosen Gonzalez asked if they would consider going back to find out which
one is more financially viable, the trolley or the South Beach Local. She asked for the
Administration to compare prices.
Commissioner Malakoff stated that one of the reasons people prefer the South Beach
Local is because it is more comfortable to ride; as the trolleys have hard wooden benches.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 101 of 116
However, Commissioner Malakoff reported that the Trolley manufacturer has agreed to
place cushions in the trolleys seats for comfort.
Commissioner Steinberg stated this was discussed at the Neighborhood/Community
Affairs Committee.
Mr. Gonzalez added that assuming that the City has to pay 100%, which is what the
County has worked out with the only other municipality with local service the County’s
hourly rate is $133.33 per service hour, versus the hourly rate the City negotiated with
trolley operators of $77.35 for service hours, includes capital, operation, maintenance,
insurance, driver and anything else. The cost for the trolleys Mr. Gonzalez presented
includes all costs.
Vice-Mayor Grieco added that this would give the City 100% control of the trolleys, and in
addition, they will bring low-floor trolleys.
Commissioner Alemán supports Commissioner Rosen Gonzalez in that they need an
answer from the County, to get a definite number and put this to bed.
Discussion held.
Helen Schwartz is not agreeable with the low floor trolleys taking the place of the South
Beach Local in South Beach. She has spoken to many people that do not have disabilities
who use the service, who unanimously say that the trolleys are uncomfortable and hard to
manage. Cushioned seats are not contoured and it will not compare to the ride on the
South Beach Local. If the South Beach Local is to be removed, then it should be replaced
with a service that is equivalent.
Discussion held.
Susana Maroder agreed with Ms. Schwartz and added that the high floor trolleys are
dangerous for disabled individuals. She feels independent using the South Beach Local,
but not so with the trolleys.
Commissioner Rosen Gonzalez requested going back to negotiate with the County to give
numbers and comparing costs; seconded by Commissioner Alemán.
Ms. Schwartz spoke.
Discussion continued.
Alex Heckler, Esq., representing Transportation America Limousines South Florida, stated
that the award for this contract has already taken place to provide the services. He urged
the City Commission not to stop the process.
Vice-Mayor Grieco stated that the item will come back in November 9, 2016 and they will
invite someone from the County to present the numbers and give a comparison. Jose
Gonzalez to handle.
Gisela Torres, First Assistant City Attorney, stated that the fourth amendment has not
been signed and they have not executed the contract.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 102 of 116
6:55:34 p.m.
R9 AC DISCUSSION REGARDING THE BLACKSTONE EVICTION.
Deferred from September 27, 2016 - R9 I
Commissioner Kristen Rosen Gonzalez
ACTION: Item deferred by Commissioner Rosen Gonzalez to November 9, 2016 . Maria
Ruiz to handle.
Maria Ruiz, Housing & Community Services Director, explained that the Housing Authority
informed her that residents in that building will be given enhanced vouchers and they will
be allowed to stay in place.
Commissioner Rosen Gonzalez wants to get the real story and will visit the Blackstone on
Thursday night during an event, and she invited Maria Ruiz to attend to find out what really
is going on. The item will be deferred to November 9, 2016.
6:56:45 p.m.
R9 AD DISCUSSION REGARDING GREATER MIAMI CONVENTION & VISITORS BUREAU'S
(GMCVB) STRATEGY.
Deferred from September 27, 2016 - R9 J
Commissioner Kristen Rosen Gonzalez
ACTION: Discussion held. Vanessa Williams to handle.
William Talbert, III, GMCVB Executive Director, stated that he has information that has
evolved within the last few minutes and asked if he could meet with Mayor Levine and the
City Manager in private. This is day 259 since the Governor declared the Emergency
situation regarding Zika and he has received news that they may want to share. This is
day 60 for the City.
Mayor Levine stated that there is an additional Zika case, which turns the clock back.
City Manager Jimmy Morales stated that the onset date is now September 30, 2016, so
the lifting date would be November 15, 2016.
Commissioner Rosen Gonzalez requested that Miami Beach get as much publicity as
possible.
Mr. Talbert stated that they had a Miami Beach shop for the Wine and Food last week in
New York on NBC; and next week they will target the taxi market also in New York. Also
there was an article dated September 13 th in The New York Times about the new bars on
Miami Beach, so they are promoting the City as much as anyone. The breaking news they
have seen is that the CDC has just announced that they are asking that any pregnant
person living or visiting here since August 1 take a test; this changes their message
somewhat. He asked to sit with Mayor Levine and City Manager Morales to discuss this.
Discussion held.
Mr. Talbert recognized his partner Wendy Kallergis, who has been with them every step of
the way.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 103 of 116
4:13:07 p.m.
R9 AE DISCUSSION REGARDING A CITY COMMISSION WORKSHOP TO EXPLORE
SETTING BOUNDARIES FOR THE NORTH BEACH LOCAL HISTORIC DISTRICT.
Commissioner John Elizabeth Alemán
ACTION: Item withdrawn by Commissioner Alemán. See also discussion with Items R7 F and
R7 H.
4:26:40 p.m.
MOTION ON NEW ITEM:
Motion made by Commissioner Alemán that every Land Use Board packet presentation
include a resilient and sustainable packet; seconded by Commissioner Arriola. Approved by
acclamation. Office of the City Attorney, Thomas Mooney and Susanne M. Torriente to
handle.
RECOMMENDATIONS:
Draft Ordinances to expanding the criteria for granting a Certificate of Appropriateness to all
Land Use boards and bring back to Commission. Office of the City Attorney to handle.
Commissioner Alemán explained that the boundaries for the local historic designation and the
conservation district from the Planning staff recommendation are different from that of the
Historic Preservation Board. She thinks this is a very important decision that affects what
people can do with their properties, and she would like to hear from the Planning, Public
Works and Sustainability Departments, as to where the roads will be raised, where the pumps
will be located, and see if they want to preserve the scale and style of the neighborhood, or
the structures themselves, and that is the reason she suggested a public workshop to explore
this in detail.
Commissioner Rosen Gonzalez explained that experts gave their opinion, they had a Blue
Ribbon Panel for the entire area, and they agreed on the Local Historic Districts, and City
experts made a third recommendation accepting those Historic Districts. She thinks they
should accept the Districts as being proposed.
Mathis Cohen stated that the Historic Preservation Board clearly stated in their meeting that
sea level rise is not their concern. He does not think that 30% of the Master Plan can be
ignored and thrown away based upon this recommendation. There are 37 pages in the
Master Plan identifying $2 million in infrastructure investment. He would like to know how they
account for that and how the City will pay for it. If the only area for preservation is the area to
be revitalized, there has to be accountability for that. He thinks this City Commission should
take an in-depth look into the cost and effect it will have on the City.
Commissioner Rosen Gonzalez stated that the City does not owe him a return on his
investment; he bought these properties knowing what the zoning was, and it should not be
reverted for one person that is not a resident of the community.
Mr. Cohen wants to know how the City will pay for the infrastructure that the Master Planner
has recommended, if this preservation is made worthy. Staff made a recommendation and
Historic Preservation Board was clear that they have no interest in the sea level rise issue.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 104 of 116
Commissioner Alemán asked her colleagues if they wanted to hear the justification that
resulted in a different recommendation in a workshop setting or not; that would put to rest R9
AE.
Commissioner Malakoff thinks that the Historic Preservation Board is there for a purpose, and
having served on the Board, she thinks that what they rule is something that has weight.
They still need to look at Conservation Districts; the main thing they need to look at, which
was recommended by Historic Preservation Board was important design guidelines, so that if
there are properties within the Historic District, as designated by the Historic Preservation
Board and Planning, if they are unsafe structures, either below sea level or flood, they can be
demolished and new buildings can be build, higher up and resilient, but compatible and
contextual with the existing buildings.
Discussion continued.
4:21:42 p.m.
Mayor Levine stated, for the record, that as a property owner, if the City would not allow him
to protect his property, he would take his case to court, and would probably win. If he were
the City, he would be respecting and realizing that once they take this to court, many others
can follow. Based on what is going on, he would be in the side of the property owner.
Discussion continued regarding flooding on Crespi Boulevard.
The following individuals spoke:
Mr. Cohen
Kirk Paskal
Carolina Jones
Commissioner Steinberg added that sea level rise is real, but when it comes to local
designation, if they can prove the hardship related to sea level rise, they can go to the
Historic Preservation Board and they can give him the authorization to demolish.
Commissioner Alemán moved that every Historic Preservation Board packet presentation
include a section on sustainability and resilience including elevation, etc.; seconded by
Commissioner Arriola. Office of the City Attorney and Elizabeth Wheaton to handle.
Raul J. Aguila, City Attorney, opined that they need to do this by Ordinance in terms of
expanding the Historic Preservation Board criteria for granting a Certificate of
Appropriateness, as well as the Design Review Board. This can be included in the staff
report, but it would not be part of the criteria.
Commissioner Alemán suggested including same criteria in all Land Use boards. City
Attorney to draft Ordinance to expand the criteria for all Land Use boards and bring
back to Commission Meeting.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 105 of 116
6:59:39 p.m.
R9 AF DISCUSSION REGARDING THE STYROFOAM DOCKS BEING USED AT THE EAST
DRAWBRIDGE ON THE VENETIAN CAUSEWAY.
Commissioner Kristen Rosen Gonzalez
ACTION: Item withdrawn. See item C4 F.
Commissioner Rosen Gonzalez requested to co-sponsor Commissioner Alemán’s item
and withdraw R9 AF from the Commission Agenda.
6:59:56 p.m.
R9 AG DISCUSSION REGARDING PENALTIES ASSOCIATED WITH SHUTTING OFF
STORMWATER PUMPS IN MIAMI BEACH OUTSIDE OF AN EMERGENCY.
Commissioner John Elizabeth Alemán
ACTION: Discussion held. Office of the City Attorney to handle.
RECOMMENDATIONS:
• Office of the City Attorney to research statutory enforcement available, prior to drafting
legislation, and bring back to the City Commission.
• Install surveillance cameras.
• Activate alarm when pumps are shut down.
• Moving forward incorporate into the design to avoid people from approaching pumps.
• Urge the community to report, if witnessed.
Commissioner Alemán introduced the item. She stated that someone, not necessarily a
City employee, shut off the pumps and it is potentially very damaging to properties. She
asked if legislation can be drafted to address the issue.
City Manager Morales stated that sadly there are people in the community that are
sabotaging the pumps by pulling the outflow valves from the seawall, he hopes that people
report this if witnessed.
Mayor Levine suggested coming up with a special penal code for those who violate the
pump systems.
Commissioner Alemán suggested drafting legislation that would make the act of turning off
pump stations illegal, and installing surveillance cameras and an alarm when the pumps
are shut down.
Commissioner Steinberg stated that they need to look at the design moving forward to
prevent from people to approach the pumps so easily.
Discussion held.
Eric Carpenter, Public Works Director, stated that unfortunately the emergency shut off
valves on the pumps, under the National Electric Code, are required to be able to be
locked in the off position for lockout while working on it, but they are not allowed to be
locked in the on position, as it is an emergency shut off for emergencies only.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 106 of 116
Commissioner Alemán added that if you are not a City employee, and there is not an
emergency, the City should make it against the law to turn them off, and surveillance
cameras must be installed.
Raul J. Aguila, City Attorney, asked if the direction is to draft an Ordinance with criminal
penalties, and there was consensus.
Mayor Levine also suggested adding a sign.
Aleksandr Boksner, Deputy City Attorney, stated that there may be existing statutory
provision that makes this conduct illegal. He suggested for the Office of the City Attorney
to look into it, since it may require only enforcement, but will bring an answer by next
month. If there is nothing available in the statutes, the most the City can do is a second-
degree misdemeanor, which would require prosecution by the Office of the State Attorney.
Office of the City Attorney to handle and bring at the next Commission Meeting –
November 9, 2016.
7:04:10 p.m.
R9 AH DISCUSSION REGARDING THE CITY'S HURRICANE PREPAREDNESS REPORT
CARD.
Vice-Mayor Michael Grieco
ACTION: Discussion held. Chuck Tear to handle.
Vice-Mayor Grieco thinks the City should have been more prepared for the recent
hurricane that missed the City. One of the shortfalls involved the City’s own vendors,
where they dropped everything and left the City, with unsecured projectiles on Lincoln
Road, and temporary signs all over the place. Construction projects must be safe.
Secondly, the City should be a provider of sand bags. Business owners and residents
were asking where to get sand bags, and the City does not do that. If they are in a flood
zone, in an area to be evacuated, he suggested a policy to make sand bags available.
That would be a valid thing to do and he would be supportive of that. The third is the issue
of having more boots on the ground to provide shelters for the homeless.
Eric Carpenter, Assistant City Manager and Public W orks Director, agreed; contractors did
not take this as seriously as the City did, and he personally reached out to them on
multiple occasions, they were consistently saying that they had it covered and they would
take care of it. Other than a notice to cure and a black mark on the contractor in their file,
there is nothing they can do.
Mayor Levine suggested adding a write-in to their contract, what the penalties would be in
case of a hurricane.
Vice-Mayor Grieco added that they need to look at the Code and will work with the City
Attorney to add teeth to this life safety Ordinance.
Discussion held.
City Attorney Aguila stated that they discussed assessing monetary fines for failure to
comply.
City Manager Morales thinks the challenge is the late lead from the County.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 107 of 116
Mayor Levine thinks that this is their call, not the County, and they need to have a protocol
that all vendors and contractors must secure all. He added to include a policy for
distributing sand bags.
City Attorney Aguila stated that also during severe weather this should be done.
City Manager Morales explained that legally they cannot use beach sand, but they can
contract with vendors that could create sand bags for the City.
Commissioner Steinberg suggested talking to the County.
City Attorney Aguila stated that the City has given sand bags historically, and a
homeowner could request sandbags from Public Works, but he was told that this was not
done this year due to liability.
Commissioner Steinberg thinks this is something to look at in anticipation of the next
hurricane season.
Vice-Mayor Grieco suggested adding a budget line item for the sandbags. Cintya G.
Ramos to handle.
Valerie Navarrete spoke regarding the outreach to the homeless during the Hurricane
Mathew.
Maria Ruiz stated that the authorization for the shelters did not come until late on
Tuesday; they went out and did the roundup. Before they closed on Wednesday, they
handed out their directions to the Police Department. They were prepared during
activation and transitioned well.
Deputy Chief Rick Clements spoke as to the actions the Police Department took to assist
the homeless.
Charles Tear, Emergency Management Director, stated that he was comfortable on the
preparedness, and there is room for improvement, but he thanked all departments.
Commissioner Arriola added that the community also treated this right.
10:44:05 a. m.
R9 AI DISCUSSION TO CONSIDER RESCHEDULING THE DECEMBER COMMISSION
MEETING.
Commissioner Ricky Arriola
ACTION: Discussion held. Resolution 2016-29616 adopted. Rafael E. Granado to
handle.
Commissioner Arriola requested to reschedule the regular Commission Meeting of
December 7, 2016, as he is having a baby the day before. Commissioner Arriola
requested rescheduling the regular Commissioner meeting from December 7, 2016 to
December 14, 2016.
There was consensus for the change.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 108 of 116
City Clerk’s Note:
Due to the scheduling of the Commission meeting on December 14, 2016 at 8:30 a.m., the
Presentations & Awards Commissions meeting, currently scheduled for 5:00 p.m., on
December 14, 2016, will be held in conjunction with the regular City Commission meeting
on December 14, 2016.
Commissioner Steinberg requested that the start time of the October 26, 2016
Presentations & Awards/Commission meeting be changed from 5:00 p.m. to 4:00 p.m., in
order for the City Commissioners to attend the celebration of the naming of the Bandshell
after Douglas Burris.
There was also consensus to reschedule the Affordable Workforce Housing Workshop to
a date to be determined (currently scheduled on October 26, 2016).
5:12:44 p.m.
R9 AJ DISCUSSION REGARDING THE INSTALLATION OF "IKE" INTERACTIVE WAYFINDING
KIOSKS.
Commissioner John Elizabeth Alemán
ACTION: Discussion held. Direction given by acclamation. Kathie G. Brooks and Eric
Carpenter to handle.
DIRECTION:
Bifurcate future contracts or procurement extensions with the bus shelters with any kiosk
or wayfinding from any future contract, as they are two different things; if they end up
going to RFP on the kiosk, they need to make sure they do not advertise competitors to
City sites (Example, advertising competitors to Lincoln Road Mall), and they need to have
more control on that.
Commissioner Alemán introduced the item.
Keith Scotland stated that they launched the interactive wayfinding, which expands the
points of interest they can promote to visitors and residents alike. Now they have begun
meeting with other cities to promote their interactive wayfinding kiosks.
Video shown .
Alex Tachmes, Esq., met with most of the City Commissioners on the product; it is a
modern interactive kiosk. Lincoln Road Master Plan calls for interactive signing, and this is
consistent with that. They are asking to have a contract with the City to install these
kiosks, either through sole source or through an RFP. The bus shelters contracts in place
are exclusive, and they would need to make changes.
Commissioner Arriola asked who would pay for electrifying the signs.
Mr. Scotland stated that they make the initial deposit. They would probably need up to ten
to begin a pilot program.
Discussion held.
Commissioner Rosen Gonzalez is not opposed to the idea but she suggested going out to
bid and she wants to follow the process.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 109 of 116
Mr. Tachmes stated that in the event there are no other vendors, the City has sole
sources. They want to propose to give them an amount of times to ship a kiosk for testing.
Mr. Katz stated that they have a product that does the same thing, and there are other
products that they would love to demonstrate.
Commissioner Arriola agreed to put this out to bid.
Discussion held.
Commissioner Steinberg clarified that this is about replacing the current wayfinding
signage and expanding it to a digital era.
Discussion held.
Mayor Levine suggested taking this out to a bid. The Mayor added that advertising in bus
shelters and this are demographically different. Secondly, assuming they move to a
streetcar in the future, that would be another demographic for advertising. This is a great
concept but work needs to be done.
Discussion continued regarding revenue sharing.
Vice-Mayor Grieco explained that Clear Channel still has contract until the end of this
month. They need to give direction to bifurcate future contracts or procurement extensions
with the bus shelters with any kiosk or wayfinding from any future contract, as they are two
different things; if they end up going to RFP on the kiosk, they need to make sure they do
not advertise competitors, and they need to have more control on that.
Raul J. Aguila, City Attorney, spoke.
Michael Llorente, Esq., stated they also have interactive wayfinding kiosks.
Alex Tachmes, Esq., spoke.
Rick Katz spoke regarding working with the City during Lincoln Road remodeling.
Deanne Connelly spoke on bringing free Wi-Fi to Miami Beach, including giving people
direction and she wants to be able to present this information, including revenue share, at
no cost to the City.
7:19:51 p.m.
R9 AK DISCUSSION AS TO HOW THE CITY IS GOING TO ASSIST THE SMALL BUSINESSES
THAT ON OCTOBER 3, 2016, SUFFERED WATER DAMAGE WHEN THE CITY'S
PUMPS MALFUNCTIONED DURING THAT RAIN STORM.
Commissioner Kristen Rosen Gonzalez
ACTION: Discussion held. Judy Hoanshelt to handle.
Mayor Levine asked the City Manager if they had come up with a program for retailers that
suffered damage.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 110 of 116
Jimmy L. Morales, City Manager, explained that Ms. Hoanshelt reached out to most of the
businesses to assess the numbers in terms of damages and asked her to present a brief
report.
Judy Hoanshelt, Grants Manager, stated that she has been actively looking for grants and
loans for the affected business owners. Through the State, they identified the Emergency
Bridge Loan program, which provides interest free, capital funding for affected business
owners. They are also working with the County to get a Presidential Declaration in order to
get the SBA (Small Business Administration) funds available, which can go up to $2
million. They have a conference call with the U.S. Department of Commerce for EDA
funding and they are looking at other options funding.
Commissioner Rosen Gonzalez stated that the two businesses that seemed the most
disgruntled are Tropical Vinyasa and TKS.
Ms. Hoanshelt stated that she has reached out to both of the businesses.
City Manager Morales recommended creating some form of direction about how to
become resilient in the neighborhood going forward. The challenge is that they have a
false expectation that there will not be flooding, and the City can work with them and give
them ideas, and even provide technical assistance and advice. Elizabeth Wheaton to
handle.
5:58:08 p.m.
R9 AL DISCUSSION TO CONSIDER THE APPLICATION FOR CONCESSION OPERATION AT
MAURICE GIBB PUBLIC BOAT RAMP SUBMITTED BY MIAMI JETSKI EXOTICS
RENTALS, INC.
Commissioner Kristen Rosen Gonzalez
ACTION: Discussion held. Direction given as follows:
1. Directions given to staff by acclamation to negotiate a tour based concession
agreement with Miami JetSki Exotics and then bring it to the Commission on
November 9, 2016 for potential approval. John Rebar to handle.
2. Direction given that if anyone else applies for a concession permit at the Maurice Gibb
public boat ramp that it first goes the Neighborhood/Community Affairs Committee and
be vetted there, and then subsequently sent to the City Commission for approval.
Morgan Goldberg to place on the Committee Agenda when received; John Rebar
to handle. Resolution 2016-29617 adopted. Office of the City Attorney to draft.
The title of Resolution 2016-29617 reads:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, DIRECTING THE CITY MANAGE TO PLACE ALL
FUTURE APPLICATIONS FOR COMMERCIAL CONCESSION OPERATIONS AT
THE BARRY KUTUN BOAT RAMP ON A NEIGHBORHOOD/COMMUNITY AFFAIRS
COMMITTEE AGENDA FOR THE COMMITTEE’S CONSIDERATION AND
RECOMMENDATION PRIOR TO THE CITY COMMISSION’S CONSIDERATION OF
SUCH COMMERCIAL CONCESSION OPERATIONS AND RELATED CONCESSION
AGREEMENTS.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 111 of 116
Commissioner Rosen Gonzalez explained that the City Commission passed an Ordinance
prohibiting commercial transactions at the dock in Sunset Harbour. When that was done,
there were a few businesses present such as the Duck Tours and South Beach Kayaks,
and they were assured that they would not be put out of business when the Ordinance
took effect. Commissioner Rosen Gonzalez added that Miami JetSki Exotics, who has a
large operation there, was not in the audience and their operation is all set up. Therefore,
when they went to get their concession permit, the City denied it for lack of approval.
Commissioner Rosen Gonzalez added that Miami JetSki Exotics is about to lose their
permission. She asked if the Commission could consider their application, and allow
Miami JetSki Exotics the same concession that everyone else has, so they can continue to
operate. Commissioner Rosen Gonzalez visited Miami JetSki Exotics’ operations, and
they are all set up. The City Commission cannot put people out of business.
Vice-Mayor Grieco stated that he commenced the issue with the boat ramp a long time
ago; it was the Wild West. Miami JetSki Exotics was the cause of the creation of
controlling the boat ramp. This is the only free boat ramp in Miami Beach, and the
Commission did a great deal of work to control the chaos that was there; there were fights
and kayaks next to boats; the City wanted to control it. The Commission allowed for
concession agreements pursuant to the passage of the Ordinance for Duck Tours and for
the kayaks. Vice-Mayor Grieco has been approached by two operators regarding wanting
to have concession agreements, Miami JetSki Exotics being one of them. Vice-Mayor
Grieco will only support extending concession agreement opportunities to jet ski
operations in Sunset Harbor as long as they do it as tours. The Commission did the same
thing with Segway’s on the beach, and they are not even concessionaires. The City
Commission gave very clear direction on this and the Sunset Neighborhood residents
were also supportive of the Commission’s decision. Vice-Mayor Grieco recounted how
chaotic it used to be at the boat ramp and now it has been reigned in. The only way he will
be supportive in moving forward and allowing jet ski concessions would be if they do it as
a tour. There is another operator there that only operates as tours, that is an appropriate
comprise. Short of that, these operations would be going back to the way it was before.
Commissioner Malakoff stated that Vice-Mayor Grieco makes sense.
Rafael Andrade, Esq., on behalf of Miami JetSki Exotics, who is present, stated that they
agree to operate on a tour basis; Vice-Mayor Grieco’s proposal is acceptable.
Discussion continued.
Vice-Mayor Grieco added that as part of this, he would like to include a policy direction
that if there are any concession regarding jet skis in the area that they be done as tours.
This is both a safety and a control issue. The City has put Park Rangers there, so this is
good.
Commissioner Rosen Gonzalez inquired if the kayak operators are only doing tours. She
is under the impression that the kayaks are just being rented. She feels there is
discrimination going on here.
Commissioner Arriola stated that kayaks are not tours. Jet skis are the tours.
Commissioner Rosen Gonzalez stated that jet skis should not be required to have tours
only.
Mr. Andrade stated that his clients agree to have tours only.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 112 of 116
Commissioner Rosen Gonzalez reiterated that they should not be required to do tours
only; Miami JetSki Exotics have a large warehouse from where they conduct operations. If
this requirement is imposed, the City Commission would be putting Miami JetSki Exotics
out of business and it would not be the right thing to do.
Commissioner Arriola stated that this only applies to jet ski operations; paddleboat and
kayak renters could go out on their own.
Commissioner Rosen Gonzalez stated that Miami JetSki Exotics have been operating
since 2013, and they paid for their license and then the City passed legislation that
prohibits their business.
Commissioner Arriola stated that Miami JetSki Exotics is agreeable to the tour component.
Commissioner Rosen Gonzalez wants to make sure that Miami JetSki Exotics are treated
in the same way as the kayak operators. Commissioner Rosen Gonzalez inquired as to
what is the difference between launching a personally owed kayak or jet ski from the boat
ramp; and launching ones that has been rented.
Rafael Andrade, Esq. stated that they are happy to accept the tour base condition, with
the hopes that if Miami JetSki Exotics operates responsibly, they can come in the next two
or three years and expand.
Commissioner Alemán stated what is being proposed is definitely safer as a tour.
Commissioner Arriola stated that he lives in the area, it is a small bay with many homes
there; unlike the jet ski rental that is behind Monty’s, where it is much more commercial
and open. Commissioner Arriola was hesitant when he heard of these jet ski rentals in a
residential neighborhood. When Commissioner Arriola heard that Miami JetSki Exotics is
willing to operate under a tour guide situation, he felt a great deal better about this.
Commissioner Steinberg stated that the intent is not to put anyone out of business; and
she wishes Miami JetSki Exotics much luck.
Commissioner Alemán added that they do not have the votes to adopt this in any other
form but as part of tours. Commissioner Alemán stated that this request from Miami JetSki
Exotics was originally turned down by staff based on what they understood the
Commission’s policy direction was. Staff then informed Miami JetSki Exotics that they had
to find a Commission sponsor, and bring their request before the Commission. She asked
Vice-Mayor Grieco, as the Chair of the Neighborhood/Community Affairs Committee, if he
would agree that if anyone else applies they would like him or her to go to the
Neighborhood/Community Affairs Committee first and be vetted there and then approved
by the City Commission.
Vice-Mayor Grieco stated Commissioner Alemán’s suggestion was a good policy going
forward.
Rafael Andrade, Esq. reaffirmed that what was being approved by acclamation was
direction to staff to negotiate a tour based concession agreement with Miami JetSki
Exotics and then bring it to the Commission on November 9, 2016 for potential approval.
John Rebar to handle.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 113 of 116
7:23:13 p.m.
R9 AM STATUS UPDATE ON THE 72ND STREET IMPROVEMENTS.
Commissioner Micky Steinberg
ACTION: Discussion held. Jose Gonzalez to handle.
Josiel Ferrer, Transportation Manager, introduced the item. The work on the angle parking
on 72 nd Street will commence next week. They are working with Public Works on the bus
stops, which will be completed within 60 days.
7:24:04 p.m.
ADDENDUM MATERIAL 1
R9 AN DISCUSSION REGARDING THE FUTURE ACTIVATION AND PROGRAMMING OF
LUMMUS PARK.
Commissioner Ricky Arriola
Addendum added on 10/1712016
ACTION: Discussion held. Item referred to Neighborhood/Community Affairs Committee and
Cultural Arts Council. Morgan Goldberg to place on the Committee Agenda; Vanessa
Williams to place on the Cultural Arts Council agenda . John Rebar to handle.
REFERRAL:
Dual referral to Neighborhood/Community Affairs Committee and Cultural Arts Council.
Commissioner Arriola knows many businesses that would like to see activation of Lummus
Park with interactive art in public places, art installations and ideas to make it more
pleasant and make it a destination. Commissioner Arriola added that if his colleagues
were in support, this could be referred to the Neighborhood/Community Affairs Committee
and to the Cultural Arts Council.
Commissioner Steinberg suggested a dual referral to the Neighborhood/Community
Affairs Committee and the Cultural Arts Council.
4:40:28 p.m.
ADDENDUM MATERIAL 1
R9 AO DISCUSSION REGARDING PLACING SIGNS READING ''THANK YOU FOR NOT
SMOKING" AT ALL PUBLIC BEACHES IN MIAMI BEACH.
Commissioner Joy Malakoff
Addendum added on 10/1712016
ACTION: Discussion held. Place the “thank you for not smoking” signs in the two voluntary
smoke free beach locations, one of which will be in South Beach and the other in North
Beach. Tonya Daniels to handle.
Commissioner Malakoff introduced the item, and stated that she would like to see signs on
the City’ beaches that say: “Thank you for not smoking.” It is not prohibiting smoking, but
simply asking people not to do it. She knows it is unenforceable, but it may lead to more
people not smoking.
Mayor Levine loves the idea.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 114 of 116
Commissioner Rosen Gonzalez stated that Miami Beach is an exciting travel spot, but
there are too many restrictions being approved. Commissioner Rosen Gonzalez
recommended that if done, it be small signs, as the public will just tune them out
otherwise.
Vice-Mayor Grieco stated that there are too many signs in the City telling people what they
cannot do. He would like a different approach by having positive signage to encourage
certain behavior. For instance, instead of having signs on walkways that say: “no bicycle
riding in the walkway,” signs should read: “pedestrian walkway.” He is not sure if he likes
the current proposal, as it is somewhat negative. He sees a difference between a “smoke
free beach,” which is what he has worked on, which is a positive message and a sign that
has a cigarette with a line across it like “Ghost Busters.” One of the projects that received
an award at the Knight Foundation was a regarding positive signage in the cities. Instead
of telling people what they cannot do, encourage them to do the things we want them to
do. Whether it is to keep the air clean, or keep pedestrians as a priority. We are actually
doing an audit now as to the number of signs on the beach, because it is visual pollution.
We have this beautiful beach town, and there are signs everywhere. He is hesitant to
place more signs on the beach sand unless they are positive or they are consolidating
messaging.
Commissioner Rosen Gonzalez stated that Miami Beach faces the risk of becoming
another Naples, Florida with all of these restrictions. We need to stop the regulations; it is
out of control.
Commissioner Steinberg added that many Ordinances are unenforceable. We need to
ensure we are enforcing what we are passing; not just adopting feel good legislation. She
approves of the positive signage proposal.
Commissioner Rosen Gonzalez suggesting slowing down with all the Ordinances
regulating alcohol and see how they take effect.
Commissioner Arriola is agreeable with this suggestion moving forward, but asked his
colleagues to take a break from some of this stuff already.
Tonya Daniels, Director of the Office of Communications asked for clarification.
Vice-Mayor Grieco pointed out that the current signs on the beach are very old and list a
very large number of things that cannot be done on the beach. They are so old, that they
are embarrassing. The lettering is so small that you need magnifying glasses to read the
list of things that are prohibited from being done on the beach.
Discussion continued.
Commissioner Alemán is agreeable to do a pilot program based on Commissioner
Malakoff’s idea, but not Citywide.
Commissioner Rosen Gonzalez suggested hiring someone to remove the cigarette butts
from the beach.
Tonya Daniels confirmed that the signs would be going in one or two voluntary locations,
but not through the City.
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 115 of 116
Vice-Mayor Grieco stated that the two voluntary smoke free beach locations would be one
in South Beach and one in North Beach.
Commissioner Malakoff agreed to have the “thank you for not smoking” signs at the two
voluntary smoke free beach locations.
7:25:27 p.m.
ADDENDUM MATERIAL 1
R9 AP DISCUSSION REGARDING THE ENFORCEMENT, FREQUENCY, AND MONETARY
AMOUNT OF THE SHORT TERM RENTAL VIOLATION FINE.
Commissioner Rosen Gonzalez
Addendum added on 10/1712016
ACTION: Discussion held. Hernan Cardeno to handle.
Commissioner Rosen Gonzalez introduced the item. She believes the current $20,000 fine
for short-term rentals is acceptable for mansions on Star Island, but the fines need
readjustment when dealing with room rentals or small apartments being rented elsewhere
in the City, as the fines are not proportionate.
Mayor Levine disagreed with Commissioner Rosen Gonzalez’s statement, as he believes
the City is finally making progress on this issue.
Commissioner Alemán stated that the Short Term Rental Hearings are now being
televised. If someone gets a fine, they have the opportunity to go before the Special
Master and appeal the case. So far, the biggest problem has been unwitting landlords, but
if they get a first time offence, the Special Master will go easy on the charges.
Commissioner Rosen Gonzalez stated that she would prefer giving property owners
accused of short-term renting a formal warning before having them go before the Special
Master, and fines could be issued at one week’s worth of rent.
R10 - City Attorney Reports
1:27:44 p.m.
R10 A CLOSED ATTORNEY-CLIENT SESSION RE: NORMANDY LIVING, LLC V. CITY OF
MIAMI BEACH, ET AL., CASE NO. 16-023618-CA-01, CIRCUIT COURT, 11TH JUDICIAL
CIRCUIT.
Office of the City Attorney
ACTION: Announced and held. Resolution No. 2016-29613 adopted. Motion made by
Vice-Mayor Grieco to approve settlement; seconded by Commissioner Arriola; Voice-vote:
7-0.
Office of the City Attorney to handle.
9:03:27 a.m.
Raul J. Aguila, City Attorney, announced that pursuant to Section 286.0118 of the Florida
Statutes, he advises the Mayor and City Commission that they will have an Attorney-Client
Session, with regard to the following pending litigation: Normandy Living, LLC v. City of
After Action October 19, 2016 Commission Meeting City of Miami Beach
Page 116 of 116
Miami Beach , Case No. 16-023618-CA-01. The Attorney-Client Session, which is private,
will be held during the recess of the City Commission at the lunch break in the City
Manager’s Large Conference Room, Fourth Floor, City Hall, to discuss settlement
negotiations or strategy related to litigation expenditures.
12:07:47 p.m.
City Attorney Aguila announced that an Attorney-Client session will commence now in the
City Manager’s Large Conference Room, regarding Normandy Living, LLC v. City of Miami
Beach. Mayor Levine and the City Commissioners will be in attendance, as well as the
City Manager, the City Attorney, Deputy City Attorney Eve Boutsis and Assistant City
Attorney Nick Kallergis.
1:27:37 p.m.
City Attorney Aguila announced that the Attorney-Client session had terminated and the
City Commission needs to take action to approve the settlement. Motion made by Vice-
Mayor Grieco to approve settlement; seconded by Commissioner Arriola; Voice-vote: 7-0.
After the fact Resolution Adopted:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO FINALIZE SETTLEMENT
NEGOTIATIONS AND DRAFT A SETTLEMENT AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND NORMANDY LIVING, LLC, AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE SUCH SETTLEMENT AGREEMENT IN
ORDER TO SETTLE ALL OUTSTANDING CLAIMS IN THE LITIGATION STYLED
NORMANDY LIVING, LLC V. CITY OF MIAMI BEACH, ELEVENTH JUDICIAL CIRCUIT
CASE NO. 2016-23618 CA 06.
R10 B CITY ATTORNEY'S STATUS REPORT.
Office of the City Attorney
ACTION: Report provided. Office of the City Attorney to handle.
Meeting adjourned at 7:27:51 p.m.