20161214 AAAfter Action December 14, 2016 Commission Meeting City of Miami Beach
Page 1 of 106
Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
December 14, 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 and video streaming of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires the
registration of all lobbyists with the Office of 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 Ordinance should be directed to the Office of the
City Attorney.
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access for persons with disabilities, and/or any accommodation to review any document or participate in any
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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. 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 8:31:00 a.m.
9:02:14 a.m.
Inspirational Message given by Reverend Harold Thompson, Miami Beach Community Church.
Pledge of Allegiance led by Chief of Police Daniel Oates.
ADDENDUM MATERIAL 1:
C4 T
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 2 of 106
ADDENDUM MATERIAL 2:
C4 U
C4 V
C7 W
R5 L
R5 M
R7 V
R9 N
ADDENDUM MATERIAL 3:
C4 W
R7 W
SUPPLEMENTAL MATERIAL 1:
C7 K Resolution, Local Housing Assistance Plan & Exhibits
R7 T Resolution, Agreement & Exhibits
SUPPLEMENTAL MATERIAL 2:
C7 D Resolution & Draft Agreement
C7 E Resolution & Draft Agreement
C7 F Resolution & Draft Agreement
C7 H Resolution & Draft Agreement
R5 C Revised Ordinance
R7 L Resolution & Draft Agreement
R7 M Resolution & Draft Agreement
R7 R Memorandum & Resolution
City Clerk’s Note:
Pursuant to Ordinance 2015-3954, Sec. 2-12(3), addendum agenda items C4 T, C4 U, C4 V, C4 W, C7 W, R5
L, R5 M, R7 V, R7 W and R9 N 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.
9:15:26 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:
R7 R was moved to Consent Agenda Item C7 X; subsequently it was moved back to its original Item R7 R and
removed from the Consent Agenda.
NOTATIONS:
Add Commissioner Alemán as the sponsor of item R9 F
Add Commissioner Rosen Gonzalez as co-sponsor of item C4 E
After Action December 14, 2016 Commission Meeting City of Miami Beach
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DEFERRALS:
R7 D1 and R7 D2 to January 11, 2017
R7 P deferred to January 11, 2017
WITHDRAWALS:
C4 J replaced with R5 M
C4 K duplicate of C4 I
C4 S replaced with R5 L
R9 L
ITEMS OPENED AND CONTINUED:
R5 A to the January 11, 2017 Commission Agenda
R5 B to the January 11, 2017 Commission Agenda
R5 H to the February 8, 2017 Commission Agenda
NEW ITEM
9:17:24 a.m.
Item R9 O Discussion Regarding Faena Structure Obstruction Beach Access; this item requires a 5/7 vote.
Item added by acclamation.
SEPARATED ITEMS:
C4 F and C4 M – Items Separated by Commissioner Grieco.
C4 N – Item Separated by Vice-Mayor Malakoff.
C4 L, C4 M, C7 D, C7 E, C7 F and C7 H – Item Separated by Commissioner Rosen Gonzalez.
Presentations and Awards
5:53:26 p.m.
PA 1 EMPLOYEE PERFORMANCE RECOGNITION.
Office of the City Manager
ACTION: Performance Recognition presented.
Jimmy L. Morales, City Manager, explained that under the Recognition Program, which began about a
year ago, the Administration recognizes employees according to their performance evaluations, for
exceeding and significantly exceeding expectations. For the months of October and November, the
following employees were recognized:
OFFICE OF THE CITY CLERK
PATRICK CAMM Significantly Exceeding Expectation
CITY MANAGER’S OFFICE
ALTHEA PEACOCK Significantly Exceeding Expectation
COMMUNITY SERVICES
ALBA TARRE Significantly Exceeding Expectation
FINANCE
GRETEL FERRER Exceeding Expectation
MARIA ARRABAL Exceeding Expectation
ESTHER GUERRERO Exceeding Expectation
LIDIA CRISTOBAL Exceeding Expectation
After Action December 14, 2016 Commission Meeting City of Miami Beach
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FIRE
LAZARO HERNANDEZ Exceeding Expectation
BETTY FABRICIO Exceeding Expectation
JOSEPH BACALLAO Significantly Exceeding Expectation
ROBERT NEWMANS Significantly Exceeding Expectation
JOHN JAREMKO Exceeding Expectation
EDWARD RYAN Exceeding Expectation
MICHAEL YODER Exceeding Expectation
ADONIS GARCIA Significantly Exceeding Expectation
KERRI SPEERS Exceeding Expectation
OSVALDO GARCIA, JR. Significantly Exceeding Expectation
KRYSTEN PALMA Significantly Exceeding Expectation
FLEET
KEVIN OUTTEN Exceeding Expectation
LEVAN GATERS Exceeding Expectation
PARKS & RECREATION
ONIEL TOLEDO Exceeding Expectation
BRETT CUMMINS Exceeding Expectation
VERMEAR BURKE Exceeding Expectation
POLICE
ANDREW VILLAR Exceeding Expectation
PUBLIC WORKS
ANDREW CHUNG Significantly Exceeding Expectation
JUAN IGLESIAS Exceeding Expectation
EDDIE THORNTON Exceeding Expectation
EDMOND BERNARD Exceeding Expectation
HUMAN RESOURCES
SANDRA SICILY Exceeding Expectation
TOURISM & CULTURAL DEVELOPMENT
SILVIA ROYER Exceeding Expectation
DENNIS LEYVA Exceeding Expectation
GABRIELA ALFONSIN Exceeding Expectation
Handouts and Reference Materials:
1. List of recipients.
After Action December 14, 2016 Commission Meeting City of Miami Beach
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5:17:05 p.m.
PA 2 CITIZEN LIFESAVING AWARD AND LETTER OF COMMENDATION TO BE PRESENTED TO
KAREN SAFARIK FOR PERFORMING CPR (CARDIOPULMONARY RESUSCITATION) ON A 4-
YEAR-OLD BOY AND SAVING HIS LIFE AFTER DROWNING ON SEPTEMBER 10, 2016 AND
PROCLAMATION PRESENTED TO ALEJANDRO ABBAS-MAURER, AN 8-YEAR OLD BOY, WHO
ASSISTED KAREN SAFARIK IN THE RESCUE.
Fire
Commissioner John Elizabeth Alemán
ACTION: Citizen Lifesaving Award Medal and Letter of Commendation presented to Karen Safarik.
Proclamation presented to Alejandro Abbas-Maurer by the Miami Beach Fire Department.
Commissioner Alemán stated that she learned about this lifesaving event recently, when she and
Commissioner Arriola cosponsored a CPR class. She introduced Fire Chief Fernandez.
Fire Chief Virgilio Fernandez stated that the Citizens Lifesaving Award is presented to individuals
outside of the Miami Beach Fire Department whose immediate actions lead to the saving of a human
life. On September 10, 2016, at a pool party, Alejandro Abbas-Maurer alerted his mother when he
found a four-year old boy motionless at the bottom of the pool. She quickly recovered the boy and
performed life-saving CPR, while others notified 911. The four-year old boy was released from the
hospital after a few weeks, and has fully recovered without permanent neurological damages or
disabilities. He commended everyone’s quick actions during this incident.
Commissioner Alemán presented the rescued four-year old with a Miami Beach City Centennial coin.
Ms. Safarik stated that since this incident, she has encouraged everyone to obtain a CPR certification.
Commissioner Grieco addressed the audience and informed them of the PulsePoint App, which alerts
people with CPR training when they are near someone who needs CPR help.
5:24:09 p.m.
PA 3 CITIZEN LIFESAVING AWARDS AND LETTERS OF COMMENDATION TO BE PRESENTED TO
ANDRES CHAVEZ, MIKE DE JESUS, AND DANIEL SAYAGO FOR SAVING THE LIFE OF A 66-
YEAR-OLD MAN WHO SUFFERED A CARDIAC ARREST ON AUGUST 22, 2016.
Fire
Vice-Mayor Joy Malakoff
ACTION: Citizen Lifesaving Award Medal and Letter of Commendation presented.
Fire Chief Virgilio Fernandez stated that on August 22, 2016, a 66-year old deliveryman suffered
cardiac arrest at the Faena Hotel. Three individuals quickly came to his help, and provided lifesaving
CPR, and provided a shock from an AED. He explained how very few people who go into cardiac arrest
are properly helped in public places. He commended the individuals who saved Mr. Brasioto’s life:
Andres Chavez, Mike de Jesus, and Daniel Sayago.
Mr. Brasioto thanked the three men who helped him during his cardiac arrest. He is pleased to be
present at this event with his family.
After Action December 14, 2016 Commission Meeting City of Miami Beach
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5:43:59 p.m.
PA 4 PROCLAMATION TO BE PRESENTED TO THE HONORABLE GWEN MARGOLIS FOR A LIFETIME
OF ACHIEVEMENT IN PUBLIC OFFICE.
Commissioner Kristen Rosen Gonzalez
ACTION: Proclamation presented.
Commissioner Rosen Gonzalez read the proclamation into the record honoring Former Florida Senator
Gwen Margolis: “Whereas Florida Senator Gwen Margolis began her public service career in the
Florida Legislature when elected to the House of Representatives in 1974, then re-elected for three
additional terms. Her career in the Florida Senate began in 1980, where she was appointed to Chair the
Finance, Tax and Claims Committee, and later the Appropriations Committee where she assisted in
leading the State out of budgetary crisis; and Whereas on November 20, 1990, Senator Gwen Margolis
became the first woman to serve as President of any Senate in the Unites States of America. She
spearheaded the passage of landmark legislation touted as the toughest ethics legislation in the nation,
as well as a Constitutional amendment that opened all government records and meetings to the public,
Government In The Sunshine; and Whereas from 1993 to 2002 the Senator served as a Miami-Dade
County Commissioner, and as Chairperson for six of those years. She then returned to the Florida
Senate in 2002, serving the people of Florida in Tallahassee until 2008. In 2010, she was elected once
again to serve the people of South Florida; and Senator Gwen Margolis has set a mark in history that
will always be remembered and respected.
City Manager Morales added that Senator Margolis was not only the first woman President of the
Florida Senate, but also the first woman to be elected President of any State Senate in the country.
Senator Gwen Margolis stated that she would like to see more women follow her example.
Commissioner Steinberg thanked Senator Margolis for her efforts in helping to “break the glass ceiling.”
Harold Foster thanked the City Commission, especially Commissioner Rosen Gonzalez and City
Manager Morales.
4:55:43 p.m.
PA 5 RECOGNITION OF MIAMI BEACH VISITOR AND CONVENTION AUTHORITY (MBVCA), NAMED
THE WORLD'S LEADING TOURIST BOARD IN THE 2016 EDITION OF THE PRESTIGIOUS WORLD
TRAVEL AWARDS.
Vice-Mayor Joy Malakoff
Co-sponsored by Commissioner Steinberg
ACTION: Recognition made.
Vice-Mayor Malakoff stated that the Miami Beach Visitor and Convention Authority (VCA) has once
again made the City of Miami Beach proud. She read the following proclamation into the record:
“Whereas the Miami Beach Visitor and Convention Authority has recently been named the World’s
Leading Tourist Board in the 2016 edition of the prestigious World Travel Awards. Competing against
other top destinations, the Miami Beach Visitor and Convention Authority was chosen by almost one
million industry voters in competition against Auckland Tourism, Cancun Convention & Visitors Bureau,
Cape Town Tourism, Rio Convention & Visitors Bureau, Shanghai Municipal Tourism Administrative
Commission, and Visit London; and Whereas just two months ago, the Miami Beach Visitor and
Convention Authority was named North America’s Leading Tourist Board by the World Travel Awards,
facing competitors including the Arizona Office of Tourism, Destination DC, Hawaii Tourism Authority,
After Action December 14, 2016 Commission Meeting City of Miami Beach
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Las Vegas Convention and Visitors Authority, Los Angeles Tourism & Convention Board, New Orleans
Tourism Marketing Corporation, NYC & Company, Visit California, Visit Orlando and Visit Florida; and
this most recent award, World’s Leading Tourist Board, is a testament to the global appeal of Miami
Beach and recognition and respect for the destination on the world stage; and Whereas the World
Travel Award win caps off a year of accolades for Miami Beach. The City also won first place in the
2016 edition of the Travvy Awards, presented by travAlliancemedia in the category of “Best Wedding
Destination, U.S. & Canada,” and a Silver medal winner in the 2016 Magellan Awards by Travel Weekly
in the category of “Overall Beach Destinations - U.S., and Canada.” The City of Miami Beach salutes
and congratulates the Miami Beach Visitors & Convention Authority for their outstanding
accomplishments.”
Peggy Benua, VCA Chair, thanked the City Commission for the award and explained that this is the
result of a great deal of hard work. She thanked her team for all of their efforts.
Commissioner Steinberg congratulated the VCA members.
5:41:40 p.m.
PA 6 CERTIFICATE OF RECOGNITION TO BE PRESENTED TO KYLEE CROOK, DIRECTOR OF
EDUCATION AT THE BASS MUSEUM OF ART.
Commissioner Kristen Rosen Gonzalez
New Item added on 12/9/2016
ACTION: Certificate presented.
Commissioner Rosen Gonzalez introduced Kylee Crook, Director of Education at the Bass Museum.
One of the most important aspects of the Bass Museum is the educational programming. She read the
following certificate into the record: “According to Executive Director and Chief Curator, Silvia Karman
Cubiñá, "Kylee has been a key member of the Bass Museum staff since 2011. During this time, she
has created and developed all education programs, including our signature programs Bass Babies,
IDEA@theBass and Creativity in the Community. Her dedication, intelligence and leadership make
Miami Beach a better place for residents and tourists, and greatly contribute to what the New York
Times has called ‘The Brainy Side of the Beach.’”
5:13:06 p.m.
PA 7 CERTIFICATES OF RECOGNITION PRESENTED TO THE STUDENTS AND TEACHERS OF THE
HOMEWORK CLUB, ORGANIZED BY THE FRIENDS OF SOUTH POINTE ELEMENTARY
CHILDREN AND EDUCATION FOUNDATION.
Commissioner Kristen Rosen Gonzalez
New Item added on 12/9/2016
ACTION: Certificates presented to Tim Baena, Elna Salvat, Tyler Selvin and Sara Arduini.
Commissioner Rosen Gonzalez introduced the item. She is very excited to have the South Pointe
Elementary School represented here today, and recognized the teachers and students of the
Homework Club.
After Action December 14, 2016 Commission Meeting City of Miami Beach
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5:31:14 p.m.
PA 8 CERTIFICATE OF RECOGNITION TO BE PRESENTED TO THE LITTLE LIGHTHOUSE
FOUNDATION.
Commissioner Kristen Rosen Gonzalez
New Item added on 12/9/2016
ACTION: Certificate presented.
Commissioner Rosen Gonzalez introduced the item and read the Certificate into the record: “On behalf
of the Mayor and Commission of the City of Miami Beach, we are proud to recognize The Little
Lighthouse Foundation (“LLF”) for their significant impact on the Miami Beach community. As a local
501(c)(3) nonprofit organization, The Little Lighthouse Foundation (“LLF”), whose Executive Director,
founders, and current board members all reside in Miami Beach, now have over 350+ annual volunteer
programs. Volunteers have totaled over 4,000 donated hours supporting LLF programs and initiatives.
Recently, The Little Lighthouse Foundation (“LLF”) hosted its 2nd Annual Children’s Halloween Parade
and Party commences at Lummus Park. With United States Olympic Gold Medalist Arman “Gino” Hall
serving as the Grand Marshall, LLF will again host hundreds of children and their families from,
Feinberg Fisher K-8, The Chapman Partnership for the Homeless, Children's Home Society, Lotus
House, Citrus Grove Middle School, YWCA, and Miami Children's Initiative to celebrate a safe and
"spooktacular" Halloween.”
5:07:09 p.m.
NEW ITEM
PA 9 CERTIFICATES OF RECOGNITION PRESENTED TO THE MIAMI BEACH TENNIS ACADEMY.
Commissioner Micky Steinberg
Co-Sponsored by Commissioner John Elizabeth Alemán
ACTION: Certificates and Medals of Honor presented.
Commissioner Steinberg introduced the item. The USTA Florida Bobby Curtis Junior State
Championship for Boys and Girls Singles is the most prestigious Junior Florida Tennis Tournament. To
qualify, players must be the winner or runner-up of one of 16 annual tournaments. She is very proud of
these four students and coaches. She called their names: Sofya Vinogradova, Pearl Navratik, Yubel
Ubri, and Sammy Nieder.
Commissioner Alemán congratulated the players and coaches. They are living examples of the great
quality of Miami Beach tennis, and encouraged all residents to get involved in tennis activities
throughout Miami Beach.
9:04:51 a.m.
NEW ITEM
PA 10 PROCLAMATION PRESENTED TO MARK OVERTON'S FAMILY.
Mayor Philip Levine
ACTION: Proclamation presented.
Police Chief Daniel Oates thanked the City Commission for honoring Chief Overton, who unfortunately
passed away recently. The Miami Beach Police Department Command staff, Captain De la Rosa of the
Bal Harbour Police Department, and Chief Overton’s wife Esther and family are all present. Chief
Overton will be sorely missed.
After Action December 14, 2016 Commission Meeting City of Miami Beach
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Captain De La Rosa, Bal Harbour Police Department, thanked the City Commission for recognizing
Mark Overton. He worked with him in Hialeah, and then at Bal Harbour; through the years he brought a
sense of pride, determination, and always lifted morale. He learned a great from him, and misses him
greatly.
Mrs. Esther Overton thanked the City Commission for this honor. Although he worked in Miami Beach
for a short time, Miami Beach made a great impact on his life. She thanked the City Commission for this
honor from the bottom of her heart, on behalf of her children and parents.
Mayor Levine stated that Mark Overton was an upstanding person, and represented everything law
enforcement should be. Although he only worked in the City of Miami Beach for two years, he made a
great impact. The proclamation was read into the record: “Whereas: Chief Mark Overton was born in
the City of Miami Beach and in 2012 became the Deputy Chief for the Miami Beach Police Department.
Chief Overton received his Bachelor of Science Degree in Public Administration from Barry University:
Whereas Chief Mark Overton grew up in the City of Hialeah and began his successful law enforcement
career began in 1984 with the City of Hialeah Police Department where he served for 28 years. During
that time, he served in SWAT, Detective Bureau, Special Investigations and worked his way up the
ranks, being appointed Chief of Police in 2007. He completed the prestigious Command Officer's
Development course, as well as the National Sheriff's Association Executive Leadership program:
Whereas Chief Mark Overton received numerous awards including a Purple Heart, 2 Combat Crosses,
Administrative Excellence Award, Outstanding Supervisor, Officer of the Year, and over one hundred
Commendations; and Whereas Chief Mark Overton was appointed as Bal Harbour Village’s Police
Chief on January 6, 2014. His remarkable legacy will continue to live on throughout our South Florida
community; now therefore, do I, Philip Levine as Mayor of the City of Miami Beach, hereby proclaim
December 14 th , 2016, as Chief Mark Overton Day.”
5:35:39 p.m.
NEW ITEM
PA 11 PROCLAMATION PRESENTED TO CINEMA ITALY.
Commissioner Ricky Arriola
ACTION: Proclamation presented.
Commissioner Arriola stated that Miami Beach stands for arts, culture, and entertainment. This is an
international City. “Cinema Italy” is a film festival that has been taking place for the last 14 years. It
shows the best Italian movies, which can be considered some of the best foreign-made movies. This is
a labor of love, which requires long hours.
Nuccio Nobel, on behalf of Cinema Italy, stated that the film festival originally started in Coral Gables
where it was very successful, but they managed to move it to Miami Beach, and it has remained here
for many years. He introduced Cavaliere Claudio di Persia, who was recently Knighted by the Republic
of Italy.
Claudio di Persia, President and Artistic Director, thanked the City of Miami Beach. Events like these
bring flavor to the City. He appreciates the recognition. There are hundreds of volunteers who help, and
every year during the Columbus Day Weekend, they hold the event.
Commissioner Arriola read the following proclamation into the record: “Whereas Cinema Italy is a
501(c)(3) nonprofit organization, established February 17th, 2002, founded by Claudio Di Persia and is
supported by the hard work of dedicated voluteers that strongly believe cinema is a captivating and
effective way to bring enjoyment and culture to the residents of the City of Miami Beach. Whereas
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Cinema Italy, through unrelenting effort and commitment to its continuous endeavors has served and
represented the City of Miami Beach with exceptional distinction community since 2004. Whereas
Cinema Italy serves our community by bringing our residents together through culture and art thereby
making us a stronger and more vibrant community. Whereas Cinema Italy is devoted to working with
numerous cultural and artistic organizations and universities in our community that enrich our collective
experience. Whereas it is with immense honor that the City of Miami Beach celebrates Cinema Italy.
Your organization brings us great pride and we look forward to your continued success. Now therefore,
do I, Ricky Arriola as Commissioner of the City of Miami Beach, hereby proclaim December 14, 2016,
as Cinema Italy Day in the City of Miami Beach.”
CONSENT AGENDA
9:18:44 a.m.
Motion made by Vice-Mayor Malakoff; seconded by Commissioner Grieco to approve the Consent Agenda,
except for separated items. Voice-vote: 6-0; Absent: Commissioner Alemán.
C2 - Competitive Bid Reports
C2 A REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB)
NO. 2016-149-ND FOR LEASE OF GOLF COURSE TURF MAINTENANCE EQUIPMENT.
Parks and Recreation/Procurement
ACTION: Request approved. John Rebar and Alex Denis to handle.
C2 B REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB)
NO. 2016-178-AK FOR POLICE AND FIRE DEPARTMENT UNIFORMS AND ACCESSORIES.
Police / Fire / Procurement
ACTION: Request approved. Police Chief Oates, Fire Chief Fernandez and Alex Denis to handle.
C2 C REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ) NO. 2017-025-
WG FOR FINANCIAL CONSULTANT.
Finance/Procurement
ACTION: Request approved. Allison Williams and Alex Denis to handle.
After Action December 14, 2016 Commission Meeting City of Miami Beach
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C4 - Commission Committee Assignments
C4 A REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE — DISCUSSION
REGARDING PARTICIPATION IN THE MIAMI-DADE COUNTY TRANSIT CORPORATE DISCOUNT
PROGRAM.
Transportation
ACTION: Item referred. Allison Williams to place on the Committee Agenda. Jose Gonzalez to
handle.
C4 B REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE - DISCUSSION ON
CREATION OF ECONOMIC DEVELOPMENT GOALS AND OBJECTIVES AND A CITYWIDE
ECONOMIC DEVELOPMENT STRATEGY PLAN.
Tourism, Culture & Economic Development
ACTION: Item referred. Allison Williams to place on the Committee Agenda. Vanessa Williams to
handle.
C4 C REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO CONSIDER
ALLOCATING A RECURRING BUDGETARY AMOUNT TO AN ANNUAL EDUCATIONAL EVENT BY
THE HUMAN RIGHTS COMMITTEE.
Commissioner John Elizabeth Alemán
ACTION: Item referred. Allison Williams to place on the Committee Agenda. Marcia Monserrat to
handle.
C4 D REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE - DISCUSSION AND
POTENTIAL FUNDING OPTIONS FOR A PUBLIC BAYWALK GUARDRAIL LOCATED AT 900 WEST
AVENUE SOUTHGATE TOWERS.
Planning
Office of the City Manager
ACTION: Item referred. Allison Williams to place on the Committee Agenda. Thomas Mooney to
handle.
C4 E REFERRAL TO THE FINANCE AND CITYWIDE PROJECT COMMITTEE TO DISCUSS ENGAGING
THE WEST AVENUE NEIGHBORHOOD IN A PILOT PARTICIPATORY BUDGETING PROCESS
USING THE FUNDS FROM THE ALTON COURT VACATION.
Commissioner Ricky Arriola
Co-sponsored by Commissioner Kristen Rosen Gonzalez
ACTION: Item referred. Allison Williams to place on the Committee Agenda. Cintya G. Ramos and
Eric Carpenter to handle.
After Action December 14, 2016 Commission Meeting City of Miami Beach
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9:39:21 a.m.
C4 F REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO DISCUSS ADDING
ILLUMINATED CROSSWALKS OR RAPID RECTANGULAR FLASHING BEACONS ON WEST
AVENUE.
Sponsored by Commissioner Ricky Arriola
ACTION: Item dually referred to the Neighborhood/Community Affairs Committee meeting of January
2017, and the Finance & Citywide Projects Committee meeting of February 2017. Item separated by
Commissioner Grieco. Motion made by Commissioner Grieco; seconded by Commissioner Steinberg.
Voice vote: 6-0; Absent: Commissioner Alemán. Jose Gonzalez to handle.
REFERRALS:
Neighborhood/Community Affairs Committee meeting of January 2017. Morgan Goldberg to place on
the Committee agenda. Jose Gonzalez to handle.
Finance & Citywide Projects Committee meeting of February 2017. Alison Williams to place on the
Committee agenda. Jose Gonzalez to handle.
Commissioner Grieco introduced the item, which he said is still in the pilot program phase, as two
illuminated crosswalks have been installed in the City. The data collected from these two crosswalks
will be gathered and submitted to the County. The plan is to install these illuminated crosswalks along
West Avenue where there are no traffic lights. He asked the City Commission not to refer the item now
to the Finance & Citywide Projects Committee, and allow them to continue with the testing of the
program. Later, the City can refer the item to the Neighborhood/Community Affairs Committee to
discuss where these crosswalks are most needed in the City.
Jose Gonzalez, Transportation Director, explained that this item was included in the design criteria
package. These crosswalks include rapid rectangular flashing beacons, but those devices could always
be enhanced to LED lights.
Commissioner Arriola explained that it is strongly agreed that these illuminated crosswalks will be
installed in the West Avenue corridor, but if it is not urgent, the City Commission can wait before
referring it to the Finance & Citywide Projects Committee.
Mr. Gonzalez agreed with Commissioner Arriola’s statement of installing the crosswalks at West
Avenue given the project’s success in the South of Fifth neighborhood. The installation is not urgent,
and in fact, it is better to wait some time before referring the item to the Finance & Citywide Projects
Committee in order to start working on the numbers.
Discussion held.
Commissioner Steinberg asked how much time Mr. Gonzalez needs to compile the numbers.
Mr. Gonzalez replied that he would need approximately 30 days.
Commissioner Arriola stated that the City’s budget cycle begins in late May – early June. If this program
is accepted, the City Commission needs to start budgeting for next year.
Mr. Gonzalez agreed with Commissioner Arriola. He stated that the illuminated crosswalks are not
cheap, and as such, the City must prioritize their locations. He reiterated that they would need 30-60
days to compile the information gathered from the pilot program.
After Action December 14, 2016 Commission Meeting City of Miami Beach
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Commissioner Arriola suggested referring the item to the Neighborhood/Community Affairs Committee
meeting in January 2017, and then debate the costs at the Finance & Citywide Projects Committee
meeting in February 2017.
Commissioner Grieco agreed to do the dual referral proposed by Commissioner Arriola.
C4 G REFERRAL TO PLANNING BOARD - PROPOSED ORDINANCE AMENDMENT PERTAINING TO
LIQUOR STORE EXTERIOR APPEARANCE AND MINIMUM DESIGN STANDARDS.
Planning
Sponsored by Vice-Mayor Malakoff &
Co-Sponsored by Commissioner Ricky Arriola
ACTION: Item referred. Thomas Mooney to place on the Board Agenda and to handle.
C4 H REFERRAL TO PLANNING BOARD - PROPOSED ORDINANCE TO INCREASE THE DISTANCE
SEPARATION BETWEEN RETAIL PACKAGE STORES FOR OFF-PREMISES CONSUMPTION
CITYWIDE.
Planning
Sponsored by Vice-Mayor Malakoff &
Co-Sponsored by Commissioner Ricky Arriola
ACTION: Item referred. Thomas Mooney to place on the Board Agenda and to handle.
C4 I REFERRAL TO PLANNING BOARD: FORMULA COMMERCIAL USES AND ART DECO/MIMO
COMMERCIAL CHARACTER OVERLAY DISTRICT ORDINANCE.
Planning
Commissioner Ricky Arriola
ACTION: Item referred. Thomas Mooney to place on the Board Agenda and to handle. Clerk’s
Note: This item is duplicate of C4 K.
C4 J REFERRAL TO THE PLANNING BOARD - 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 6/7TH VOTE OF THE CITY COMMISSION TO INCREASE THE MAXIMUM ZONED
BUILDING HEIGHT BY MORE THAN TEN (10) FEET IN ANY ZONING DISTRICT (EXCLUDING THE
CCC CIVIC AND CONVENTION CENTER DISTRICT AND GU GOVERNMENT USE DISTRICT),
EXCEPT FOR HEIGHT REGULATION EXCEPTIONS SET FORTH IN CITY CODE SECTION 142-
1161, AND EXCEPT FOR HEIGHT WAIVERS PURSUANT TO CITY CODE SECTION 142-425(d),
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.
Office of the City Attorney/Planning
Commissioner Kristen Rosen Gonzalez
ACTION: Item withdrawn. Item replaced with R5 M.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 14 of 106
C4 K REFERRAL TO THE PLANNING BOARD - 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," TO PROVIDE FOR DEFINITIONS FOR "CHECK
CASHING STORE," "CONVENIENCE STORE," "FORMULA RESTAURANT," "FORMULA
COMMERCIAL ESTABLISHMENTS," "MARIJUANA DISPENSARY," "CANNABIS DISPENSARY,"
"OCCULT SCIENCE ESTABLISHMENT," "PHARMACY," "SOUVENIR AND T-SHIRT SHOP,"
"TATTOO STUDIO," AND RELATED DEFINITIONS; AMENDING CHAPTER 142 OF THE CITY
CODE, ENTITLED "ZONING DISTRICTS AND REGULATIONS," AT ARTICLE III, ENTITLED
"OVERLAY DISTRICTS," TO ESTABLISH DIVISION 12, ENTITLED "ART DECO / MIMO
COMMERCIAL CHARACTER OVERLAY DISTRICT," TO PROVIDE ADDITIONAL REGULATIONS
FOR THE AFOREMENTIONED USES, INCLUDING DISTANCE SEPARATION REQUIREMENTS,
LIMITATIONS ON NUMBER OF ESTABLISHMENTS, AND PROHIBITIONS UNDER CERTAIN
CIRCUMSTANCES; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
Commissioner Ricky Arriola
ACTION: Item withdrawn. This is a duplicate of Item C4 I.
9:19:01 a.m.
C4 L REFERRAL TO LAND USE AND DEVELOPMENT COMMITTEE AND PLANNING BOARD -
REHEARING AND APPEAL PROCEDURE.
Office of the City Attorney
ACTION: Item referred to the Land Use & Development Committee and the Planning Board. Item
separated by Commissioner Rosen Gonzalez. Motion made by Vice-Mayor Malakoff, seconded by
Commissioner Grieco; Voice vote: 6-0; Absent: Commissioner Alemán. Thomas Mooney to place on
the Committee and Board Agendas. Office of the City Attorney to handle.
REFERRALS:
Land Use & Development Committee
Planning Board
Commissioner Rosen Gonzalez stated that currently, items that are appealed by the various City
Boards are referred to the Board of Adjustment. She asked why appealed items are referred to the
Board of Adjustment, when the expertise lies within specific boards, such as the Design Review Board
and the Historic Preservation Board.
Raul J. Aguila, City Attorney, explained that appealed items are referred to the Board of Adjustment as
a matter of policy. A “clean-up” is needed in this case, because there is an inconsistency in the Code.
Administrative appeals go to the Board of Adjustment, subsequent to that being enacted, there were
approved provisions in the City Code that provide for administrative appeal decisions. In order to be
consistent with Related Special Acts of the Charter, having appeals referred to the Design Review
Board and the Historic Preservation Board would require a referendum. The current Code provisions
need to be deleted, and would; therefore, have to go before the Land Use & Development Committee.
Afterwards, this amendment can be voted on by referendum. It needs to be done correctly.
Commissioner Rosen Gonzalez inquired if that is the case, at the next meeting, will the City
Commission be voting on whether to place this question on the next election’s ballot.
Discussion held regarding the November 2017 election.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 15 of 106
Thomas Mooney, Planning Department Director, stated that from a policy point of view, great deals of
appeals are better handled by the Design Review Board and the Historic Preservation Board. As City
Attorney Aguila stated earlier, a cleanup is needed to place the vote on referendum.
Commissioner Grieco stated that this is a dual referral and it should be expedited.
Commissioner Rosen Gonzalez expressed her disagreement in having the item dually referred.
City Attorney Aguila explained that because it will be necessary to repeal sections of the City Code that
conflict with the Related Special Acts, the item would have to be dually referred to the Land Use &
Development Committee and the Planning Board.
9:23:56 a.m.
C4 M REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE AND TO THE PLANNING
BOARD FOR DISCUSSION CONCERNING AMENDMENTS TO THE LAND DEVELOPMENT
REGULATIONS AND THE COMPREHENSIVE PLAN REGARDING NON-CONFORMING HOTEL
USES ON THE NORTH SIDE OF BELLE ISLE.
Commissioner Ricky Arriola
ACTION: Item referred to Land Use & Development Committee. Item separated by Commissioners
Grieco and Rosen Gonzalez. Motion made by Commissioner Grieco; seconded by Commissioner
Arriola. Voice vote: 6-0; Absent: Commissioner Alemán. Thomas Mooney to place on the Committee
Agenda and to handle.
REFERRAL:
Land Use & Development Committee
Commissioner Grieco stated that this is not an item that needs to be expedited in any way, and he
hopes it runs its due course of going to the Land Use & Development Committee, back to the City
Commission, and then referred to the Planning Board.
Commissioner Arriola has no objection to Commissioner Grieco’s proposal.
Commissioner Rosen Gonzalez assumes this item is in regards to the Standard Hotel. The idea behind
non-conforming uses is to not to add on to it. She believes this would add more than 50% to the
structure. She asked staff to clarify.
Thomas Mooney, Planning Department Director, stated that the purpose of the amendment would be to
allow the reconstruction of existing parts of a non-conforming use. The Standard Hotel would demolish
fewer than 50% of their existing building and reconstruct the exact same footprint. The only thing that
would be added is additional parking and the new building would be raised to be more resilient. There
will not be additional floor area.
Vice-Mayor Malakoff stated that, in other words, the Standard Hotel would not be adding more units,
but simply rebuilding and raising the structure.
Commissioner Steinberg suggested referring the item to Land Use & Development Committee.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 16 of 106
9:35:55 a.m.
C4 N REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE REGARDING
POTENTIAL TRAFFIC CALMING IMPROVEMENTS IN THE NAUTILUS NEIGHBORHOOD.
Transportation
ACTION: Item referred to the Neighborhood/Community Affairs Committee. Item separated by Vice-
Mayor Malakoff. Motion made by Commissioner Grieco; seconded by Commissioner Steinberg. Voice
vote: 6-0; Absent: Commissioner Alemán. Morgan Goldberg to place on the Committee Agenda.
Jose Gonzalez to handle.
REFERRAL:
Neighborhood/Community Affairs Committee
Vice-Mayor Malakoff stated that this item is in regards to the potential traffic calming improvement in
the Nautilus neighborhood. There was a traffic study done, which collected over 72 hours of vehicular
information. This study showed that cars are operating at speeds that are generally lower than the
posted speed limits. She believes adding roundabouts, chicanes, stop signs, and bump outs will add
traffic congestion elsewhere. The same can be said of the Bayshore neighborhood, Alton Road, and
Dade Boulevard.
Commissioner Rosen Gonzalez disagreed with Vice-Mayor Malakoff’s statement and believes that
roundabouts are very good and innovative. She favors their use because they keep the traffic moving.
She would like the bump outs removed from neighborhoods across the City.
Vice-Mayor Malakoff agreed that out of all the options presented, roundabouts were the best
suggestion.
Commissioner Rosen Gonzalez stated that she would like fewer speed bumps and more roundabouts.
Vice-Mayor Malakoff believes implementing traffic control measures will be like squeezing a balloon;
the air will flow from one end to the other. The same will be true for traffic.
Commissioner Rosen Gonzalez suggested referring the item to the Neighborhood/Community Affairs
Committee.
C4 O REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO CONSIDER
EXPANDING THE MIAMI-DADE COUNTY HUMAN TRAFFICKING SIGNAGE ORDINANCE AND
REQUIRING THAT A SIGN BE DISPLAYED THROUGHOUT ALL ESTABLISHMENTS IN MIAMI
BEACH.
Commissioner John Elizabeth Alemán
ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda. Office of the City
Attorney to handle.
C4 P REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO DISCUSS BUMP-
OUTS ON 40TH STREET.
Commissioner Kristen Rosen Gonzalez
ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda. Jose Gonzalez and
Eric Carpenter to handle.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 17 of 106
C4 Q REFERRAL TO NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE A TRAFFIC CALMING
DISCUSSION PER THE REQUEST OF THE SUNSET ISLAND 1 & 2 HOMEOWNERS.
Commissioner Micky Steinberg
ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda. Jose Gonzalez to
handle.
C4 R REFERRAL TO THE SUSTAINABILITY AND RESILIENCY COMMITTEE TO DISCUSS ST.
PETERSBURG'S INITIATIVE TO RUN ON 100% RENEWABLE ENERGY AND POSSIBILITIES IN
MIAMI BEACH.
Commissioner Michael Grieco
ACTION: Item referred. Elizabeth Wheaton to place on the Committee Agenda and to handle.
C4 S REFERRAL TO THE PLANNING BOARD TO REPEAL THE HEIGHT INCREASE IN NORTH BEACH
(TC NORTH BEACH TOWN CENTER DISTRICTS); ORDINANCE 2016-4028, WHICH WAS
ADOPTED ON SEPTEMBER 14, 2016.
Commissioner Kristen Rosen Gonzalez
ACTION: Item withdrawn. Item replaced with R5 M.
ADDENDUM MATERIAL 1:
C4 T REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO DISCUSS
FUNDING FOR A PERMANENT PARK RANGER DETAIL AT THE NORTH SHORE COMMUNITY
YOUTH CENTER RECREATIONAL AREA.
Commissioner John Elizabeth Alemán
Addendum added on 12/9/2016
ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda. Cintya G. Ramos
and Chief Oates to handle.
ADDENDUM MATERIAL 2:
C4 U REFERRAL TO THE SUSTAINABILITY AND RESILIENCY COMMITTEE A DISCUSSION OF ACTIVE
DESIGN MIAMI: DESIGN & POLICY STRATEGIES FOR HEALTHIER COMMUNITIES.
Commissioner Micky Steinberg
ACTION: Item referred. Elizabeth Wheaton to place on the Committee Agenda. Susanne M.
Torriente to handle.
ADDENDUM MATERIAL 2:
C4 V REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE - WAIVER OF OUTSTANDING
PARKING LIEU FEES FOR RED STEAKHOUSE, 119 WASHINGTON AVENUE.
Commissioner Michael Grieco
ACTION: Item referred. Thomas Mooney to place on the Committee Agenda. Saul Frances to
handle.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 18 of 106
ADDENDUM MATERIAL 3
C4 W REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO DISCUSS FUNDING
FOR ADDED SECURITY ON OCEAN DRIVE AS PER THE TEN POINT PLAN.
Commissioner Ricky Arriola
ACTION: Item referred. Allison Williams to place on the Committee Agenda. Cintya G. Ramos,
Chief Oates and Susanne M. Torriente to handle.
C6 - Commission Committee Reports
C6 A REPORT OF THE NOVEMBER 18, 2016 FINANCE AND CITYWIDE PROJECTS COMMITTEE: 1.
DISCUSSION REGARDING ADVERTISING OPPORTUNITIES WITHIN MUNICIPAL PARKING
GARAGES AND NOT VISIBLE FROM THE RIGHT-OF-WAY (MAY 11, 2016 COMMISSION ITEM C4
B). 2. DISCUSSION REGARDING THE EXCHANGE OF PROPERTY WITH THE OWNER OF 5860
NORTH BAY ROAD LN 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). 3. DISCUSSION OF AN ASSESSMENT THROUGHOUT THE CITY OF STREET ENDS
TO RECONSIDER KAYAK LAUNCHES (JULY 13, 2016 COMMISSION ITEM R9 G).4. DISCUSSION
ON THE POTENTIAL EXPANSION OF THE BIG BELLY TRASH PROGRAM (NOVEMBER 9, 2016
COMMISSION ITEM C4 F). 5. DISCUSSION REGARDING HOMELESSNESS MONEY FROM SHORT
TERM RENTAL FINES (OCTOBER 18, 2016 COMMISSION ITEM R9 L). 6. DISCUSSION
REGARDING IMPLEMENTING CIGARETTE BUTT RECEPTACLES IN HIGH PEDESTRIAN TRAFFIC
AREAS (NOVEMBER 9, 2016 COMMISSION ITEM C4 H). 7. DISCUSSION REGARDING A
RESOLUTION APPROVING THE PURCHASE OF CYBER LIABILITY INSURANCE, EXCESS
WORKERS COMPENSATION INSURANCE AND ADDITIONAL CRIME INSURANCE, AS
PROPOSED BY ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC., THE CITY'S
BROKER OF RECORD. 8. DISCUSSION REGARDING A NEW LEASE AGREEMENT, BETWEEN
THE CITY AND DAMIAN J. GALLO & ASSOCIATES, INC. D/B/A PERMIT DOCTOR (TENANT), FOR
THE USE OF APPROXIMATELY 535 SQUARE FEET OF CITY-OW NED PROPERTY, LOCATED ON
THE GROUND FLOOR AT 1701 MERIDIAN AVENUE, UNIT 4 (A/K/A 775 17TH STREET), MIAMI
BEACH, FLORIDA (PREMISES), FOR A PERIOD OF TWO (2) YEARS, COMMENCING
RETROACTIVELY ON DECEMBER 1, 2016 AND ENDING NOVEMBER 30, 2018, WITH ONE (1)
RENEWAL OPTION FOR TWO (2) YEARS, AT THE CITY MANAGER'S SOLE AND REASONABLE
DISCRETION. 9. DISCUSSION REGARDING THE CITY'S TWO-YEAR PILOT TUITION ASSISTANCE
PROGRAM (NOVEMBER 9, 2016 COMMISSION ITEM C4 I)
Finance
ACTION:
1. Advertising Opportunities Within Municipal Parking Garages & Not Visible From The Right-Of-
Way (May 11, 2016 Commission Item C4B)
ACTION:
The Committee favorably recommended moving this item to Commission with the intention to
issue a RFP through the City's normal Procurement process. Staff was directed to include a draft
RFP in the Commission memorandum, if possible.
2. Exchange Of Property With Owner Of 5860 North Bay Road In Order To Resolve The Existing
Boundary Lines, & The Location Of A Future City Pump Station & Sewer Line (June 8, 2016
Commission Item C4F)
ACTION: Item deferred.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 19 of 106
3. Discussion Of An Assessment Throughout The City Of Street Ends To Reconsider Kayak
Launches (July 13, 2016 Commission Item R9 G)
ACTION: Item deferred.
4. Discussion On The Potential Expansion Of The Big Belly Trash Program (November 9, 2016
Commission Item C4F)
ACTION: Item deferred.
5. Homelessness Money From Short Term Rental Fines (October 18, 2016 Commission Item R9 L)
ACTION:
The Committee recommended moving the item to Commission to create one or more funds as
required dedicating the funds to homelessness and to housing initiatives. Staff was directed to
come up with a target of what the threshold is on the dollar amount or percentage that will go into
each.
City Clerk’s Note : See Item R7N.
6. Implementing Cigarette Butt Receptacles In High Pedestrian Traffic Areas (November 9, 2016
Commission Item C4H)
ACTION:
Item deferred to continue the discussion after the Big Belly trash cans item is heard in order to
compare the cost of the two items.
7. A Resolution Approving The Purchase Of Cyber Liability Insurance, Excess Workers
Compensation Insurance & Additional Crime Insurance, As Proposed By Arthur J. Gallagher Risk
Management Services, Inc., The City's Broker of Record.
ACTION:
The Committee recommended moving the item to Commission.
8. New Lease Agreement, Between The City And Damian J. Gallo & Associates, Inc. D/B/A Permit
Doctor (Tenant).
ACTION:
The Committee recommended moving the item to Commission with the Permit Doctor's request of
a 5-year initial term with a three (3) year renewal process.
After Action December 14, 2016 Commission Meeting City of Miami Beach
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C6 B REPORT OF THE NOVEMBER 16, 2016 LAND USE AND DEVELOPMENT COMMITTEE MEETING:
1. CMB PREPARATIONS FOR LIKELY PASSAGE OF STATE MEDICAL MARIJUANA
CONSTITUTIONAL AMENDMENT. 2. 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 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 6/7TH VOTE OF THE CITY COMMISSION TO AMEND OR REPEAL THIS ORDINANCE;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. 3.
DISCUSSION REGARDING AN ORDINANCE AMENDMENT TO CURB THE PROLIFERATION OF
FORMULA RETAIL ESTABLISHMENTS. 4. 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; 5. DISCUSSION REGARDING THE CREATION
OF NORTH BEACH CONSERVATION DISTRICTS. 6. DISCUSSION REGARDING PROHIBITING
VARIANCES TO EXCEED THE MAXIMUM SIZE OF ACCESSORY RETAIL ON OCEAN DRIVE. 7.
DISCUSSION REGARDING PROHIBITING EXTERIOR SPEAKERS IN NON-EATING AND DRINKING
ESTABLISHMENTS ON OCEAN DRIVE. 8. DISCUSSION PERTAINING TO DEVELOPMENT
REGULATIONS AND GUIDELINES FOR NEW CONSTRUCTION IN THE PALM VIEW HISTORIC
DISTRICT TO ADDRESS RESILIENCY, SUSTAINABILITY AND ADAPTATION. 9. DISCUSSION
REGARDING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS
COMMITTEE TO ESTABLISH MORE AGGRESSIVE REQUIREMENTS FOR EMPLOYEE
TRANSPORTATION PLANS. 10. DISCUSSION REGARDING AN AMENDMENT TO THE WEST
AVENUE OVERLAY TO REMOVE THE CURRENT ALLOWANCE FOR BED AND BREAKFAST AND
SUITE HOTEL USES. 11. DISCUSSION TO CONSIDER AFFORDABLE HOUSING DEVELOPMENT
OPPORTUNITIES. 12. DISCUSSION REGARDING A RECOMMENDATION RELATING TO
MODIFICATION OF THE LAND USE REGULATIONS RELATING TO LINCOLN ROAD. 13.
DISCUSSION TO RE-ZONE THE WESTERN SIDE OF THE 600 BLOCK OF WASHINGTON AVENUE
FROM RM-2 TO CD-2. 14. DISCUSSION REGARDING THE USE REGULATIONS FOR THE WEST
AVENUE OVERLAY DISTRICT. 15. DISCUSSION REGARDING SETTING MINIMUM LIGHTING
REQUIREMENTS FOR OCEAN COURT. 16. 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
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 21 of 106
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.
Planning
ACTION:
1. CMB Preparations For Likely Passage Of State Medical Marijuana Constitutional Amendment.
MOTION: The item was continued to December 12, 2016 by Acclamation. The administration was
directed to consider the following in a revised Ordinance draft:
• A planning / map study with safe, convenient location options;
• Zoning district options, including parking requirements;
• Security and proximity to schools, residential uses and houses of worship;
• Limit use to North, Middle and South Beach zones; no residential zones;
• The map study shall have distances from parks, schools and houses of worship.
2. An Ordinance Amending LDR Of The Code By Amending Chapter 118, “Administration And Review
Procedures,” Article III, “Amendment Procedure,” To Require A 6/7ths Vote Of The City
Commission To Increase The Maximum Zoned Building Height In Any Zoning District By More Than
_______ Feet.
MOTION: JA/JM (2-1)
Transmit the item to the City Commission with an Unfavorable Recommendation.
3. Discussion Regarding An Ordinance Amendment To Curb The Proliferation Of Formula Retail
Establishments.
MOTION: JA/MG (3-0)
Recommend that the City Commission refer the proposed Ordinance to the Planning Board with the
following modifications:
1. Remove Washington Avenue from the Overlay;
2. Amend the definition of Formula Restaurant by increasing the number of restaurants operating
in Miami Beach from 2 to 5;
3. Remove text related to counter service from the definition of Formula Restaurant.
4. 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;
MOTION: JA/JM (2-0)
Recommend that the City Commission refer BOTH proposed Ordinances to the Planning Board.
5. Discussion Regarding the Creation of North Beach Conservation Districts.
MOTION: JA/JM (3-0)
Direct staff to begin drafting guidelines for the Neighborhood Conservation District, including
adaption to sea level rise, for the entire area of the North Shore and Normandy National Register
Districts, and to present the Draft Conservation District Guidelines to the City Commission.
6. Discussion Regarding Prohibiting Variances To Exceed The Maximum Size Of Accessory Retail On
Ocean Drive.
MOTION: The item was continued to December 12, 2016 by Acclamation.
After Action December 14, 2016 Commission Meeting City of Miami Beach
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7. Discussion Regarding Prohibiting Exterior Speakers In Non-Eating And Drinking Establishments On
Ocean Drive.
MOTION: The item was continued to December 12, 2016 by Acclamation.
8. Discussion Pertaining to Development Regulations And Guidelines for New Construction In the
Palm View Historic District To Address Resiliency, Sustainability and Adaptation.
MOTION: The item was continued to December 12, 2016 by Acclamation.
9. Discussion Regarding The Recommendation Of The Neighborhood/Community Affairs Committee
To Establish More Aggressive Requirements For Employee Transportation Plans.
MOTION: The item was continued to December 12, 2016 by Acclamation.
10. Discussion Regarding An Amendment To The West Avenue Overlay To Remove The Current
Allowance For Bed And Breakfast And Suite Hotel Uses.
MOTION: The item was withdrawn by the sponsor.
11. Discussion to Consider Affordable Housing Development Opportunities.
MOTION: The item was discussed and no further action required.
12. Discussion Regarding A Recommendation Relating To Modification Of The Land Use Regulations
Relating To Lincoln Road.
MOTION: MG/JA (3-0)
Recommend that the Planning Board transmit the item to the City Commission with a favorable
recommendation.
NOTE: This item was a dual referral to the Planning Board and Land Use Committee.
13. Discussion To Re-Zone The Western Side Of The 600 Block Of Washington Avenue From RM-2 To
CD-2
MOTION: The item was continued to December 12, 2016 by Acclamation.
14. Discussion Regarding The Use Regulations For The West Avenue Overlay District.
MOTION: The item was continued to December 12, 2016 by Acclamation.
15. Discussion Regarding Setting Minimum Lighting Requirements For Ocean Court.
MOTION: No action needed to be taken; item addressed.
16. An Ordinance Amending Chapter 102 Of The Code, 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,”
MOTION: Item discussed and no action taken.
After Action December 14, 2016 Commission Meeting City of Miami Beach
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C6 C REPORT OF THE NOVEMBER 16, 2016 SUSTAINABILITY AND RESILIENCY COMMITTEE: 1.
DISCUSSION ON THE CITY'S ANTI-IDLING POLICY. 2. DISCUSSION TO CONSIDER A MOTION BY
THE SUSTAINABILITY COMMITTEE TO ELIMINATE THE USE OF BARE/UNENCAPSULATED
POLYSTYRENE IN PRIVATE AND IN PRIVATE AND PUBLIC WATERS IN THE CITY OF MIAMI
BEACH. 3. DISCUSSION REGARDING THE SECURING AND STORAGE OF COMMERCIAL
DUMPSTERS. 4. DISCUSSION ON REQUIRING SUSTAINABILITY STANDARDS SIMILAR TO LEED
FOR RETROFITS IN CITY-OWNED PROPERTIES. 5. MAYOR'S BLUE RIBBON PANEL ON
FLOODING AND SEA LEVEL RISE. 6. SUSTAINABILITY COMMITTEE. 7. RESILIENCY STRATEGY.
Environment and Sustainability
1. Discussion on the City’s Anti-Idling Policy
ACTION: Continued to the December 12, 2016 Sustainability and Resiliency Committee.
2. Discussion 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.
MOTION: Referred to City Commission with a favorable recommendation with the direction
to revise the Ordinance in order to address both existing and new docks and to include
other types of encapsulation options.
Motion made by Commissioner Arriola, Seconded by Vice-Mayor Malakoff.
3. Discussion Regarding the Securing and Storage Of Commercial Dumpsters.
ACTION: Commissioner Steinberg directed the Office of the City Attorney to review the legislative
recommendations provided by Henry Stolar and incorporate them into the Ordinance. It was also
recommended that the fine schedule be increased.
Continued to the December 12, 2016 Sustainability and Resiliency Committee.
4. Discussion on Requiring Sustainability Standards Similar to LEED for Retrofits in City-owned
Properties.
ACTION: Continued to the December 12, 2016 Sustainability and Resiliency Committee.
5. Mayor’s Blue Ribbon Panel on Flooding and Sea Level Rise
ACTION: No further action taken.
6. Sustainability Committee
ACTION : Continued to the December 12, 2016 Sustainability and Resiliency Committee.
7. Resiliency Strategy
ACTION: Continued to the December 12, 2016 Sustainability and Resiliency Committee.
After Action December 14, 2016 Commission Meeting City of Miami Beach
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C6 D REPORT OF THE NOVEMBER 18, 2016 NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE: 1.
DISCUSSION REGARDING THE POSSIBLE ADDITION OF A SKATE PARK IN NORTH SHORE
OPEN SPACE PARK. 2. DISCUSSION REGARDING THE TEMPORARY RELOCATION OF
MAURICE GIBB PLAYGROUND. 3. DISCUSSION TO CONSIDER PARTNERING WITH NATIONAL
NONPROFIT COMMON THREADS, TEACHING CHILDREN, FAMILIES, AND TEACHERS TO COOK
FOR A HEALTHIER LIFE. 4. DISCUSSION ON THE STATUS AND POSSIBLE EXPANSION OF THE
BIG BELLY PILOT PROGRAM. 5. DISCUSSION AND UPDATE ON NORMANDY POOL. 6.
DISCUSSION REGARDING THE CITY'S USE OF HOST COMPLIANCE SERVICES. 7. DISCUSSION
REGARDING PAINTED BIKE LANES. 8. DISCUSSION REGARDING THE CO-NAMING OF 14
STREET IN MEMORY OF FAMED PHOTOGRAPHER ANDY SWEET. 9. MONTHLY CRIME UPDATE.
10. DISCUSSION AND PRESENTATION ON MAKING MIAMI BEACH A "CITY OF KINDNESS." 11.
DISCUSSION REGARDING RECOMMENDED TRAFFIC CALMING IMPROVEMENTS IN THE
CENTRAL BAYSHORE NEIGHBORHOOD. 12. DISCUSSION TO CONSIDER HECTOR'S
WATERSPORTS, INC.'S APPLICATION FOR A CONCESSION AGREEMENT FOR THE OPERATION
OF JET SKI TOUR RENTALS FROM BARRY KUTUN BOAT RAMP, LOCATED AT MAURICE GIBB
MEMORIAL PARK. 13. DISCUSSION TO CONSIDER MIAMI WATERSPORTS LLC D.B.A. MIAMI
BEACH PADDLEBOARD'S APPLICATION FOR A CONCESSION AGREEMENT FOR THE
OPERATION OF PADDLEBOARD AND KAYAK RENTALS FROM BARRY KUTUN BOAT RAMP,
LOCATED AT MAURICE GIBB MEMORIAL PARK. 14. DISCUSSION REGARDING THE FUTURE
ACTIVATION AND PROGRAMMING OF LUMMUS PARK. 15. DISCUSSION TO CONSIDER
APPROVING THE PLACEMENT OF A PLAQUE AT THE BELLE ISLE PARK FLAG POLE
DEDICATED TO THE HEROIC MEN AND WOMEN IN THE ARMED FORCES AND FIRST
RESPONDERS FOR THEIR SERVICES. 16. DISCUSS THE PLACEMENT OF FARAH SERVICE EUE
SPORTS EQUIPMENT AT DIFFERENT LOCATIONS THROUGHOUT THE CITY. 17. DISCUSSION
ON AN ADDITIONAL DESIGNATED DOG AREA IN NORTH BEACH. 18. DISCUSS AND CONSIDER
THE REQUEST OF MAYOR PHILIP LEVINE TO CO-NAME CONVENTION CENTER DRIVE AS
MUHAMMAD ALI WAY. 19. DISCUSSION TO NAME THE SOUTH POINTE PARK FOUNTAIN IN
MEMORY OF MARK N. OVERTON, FORMER DEPUTY CHIEF OF THE MBPD.
Office of the City Manager
1. Possible Addition Of A Skate Park In North Shore Open Space Park.
AFTER-ACTION
DIRECTION: Defer to December 9, 2016 NCAC meeting
2. Temporary Relocation Of Maurice Gibb Playground
DIRECTION: Do the charrette to come back with the numbers as soon as possible. Come back to
the December 2016 NCAC meeting.
3. Consider Partnering With The National Nonprofit Common Threads, Teaching Children, Families,
And Teachers To Cook For A Healthier Life
MOTION: Commissioner Steinberg motioned to move this to the Finance & Citywide Projects
committee to find funding for implementation. Commissioner Rosen Gonzalez seconded.
4. Status And Possible Expansion Of The Big Belly Pilot Program
AFTER-ACTION
DIRECTION: Defer to December 9, 2016 NCAC meeting.
5. Update On Normandy Pool
AFTER-ACTION
DIRECTION: Defer to December 9, 2016 NCAC meeting.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 25 of 106
6. City’s Use Of Host Compliance Services
AFTER-ACTION
DIRECTION: Defer to December 9, 2016 NCAC meeting.
7. Painted Bike Lanes
AFTER-ACTION
DIRECTION: Defer to December 9, 2016 NCAC meeting.
8. Co-Naming Of 14 Street In Memory Of Famed Photographer Andy Sweet
AFTER-ACTION
VOTE OF ACCLAMATION TO SEND TO COMMISSION WITHOUT A RECOMMENDATION
9. Monthly Crime Update
AFTER-ACTION
NO ACTION TAKEN
10. Discussion And Presentation On Making Miami Beach A “City Of Kindness”
AFTER-ACTION
DIRECTION: Defer to December 9, 2016 NCAC meeting.
11. Recommended Traffic Calming Improvements In The Central Bayshore Neighborhood
AFTER-ACTION
DIRECTION: Defer to December 9, 2016 NCAC meeting.
12. Consider Hector’s Watersports, Inc.’s Application For A Concession Agreement For The Operation
Of Jet Ski Tour Rentals From Barry Kutun Boat Ramp, Located At Maurice Gibb Memorial Park
AFTER-ACTION
VOTE OF ACCLAMATION TO MOVE THIS TO COMMISSION WITHOUT A RECOMMENDATION
13. Consider Miami Watersports LLC D.B.A. Miami Beach Paddleboard’s Application For A Concession
Agreement For The Operation Of Paddleboard And Kayak Rentals From Barry Kutun Boat Ramp,
Located At Maurice Gibb Memorial Park.
AFTER-ACTION
VOTE OF ACCLAMATION TO MOVE THIS TO COMMISSION WITHOUT A RECOMMENDATION
14. Future Activation And Programming Of Lummus Park
AFTER-ACTION
DIRECTION: Defer to December 9, 2016 NCAC meeting.
15. Consider Approving The Placement Of A Plaque At The Belle Isle Park Flag Pole Dedicated To The
Heroic Men And Women In The Armed Forces And First Responders For Their Service
AFTER-ACTION
DIRECTION: Defer to December 9, 2016 NCAC meeting.
16. Discuss The Placement Of Farah Service Eue Sports Equipment At Different Locations Throughout
The City.
AFTER-ACTION
DIRECTION: Defer to December 9, 2016 NCAC meeting.
17. Additional Designated Dog Area In North Beach
AFTER-ACTION
DIRECTION: Defer to December 9, 2016 NCAC meeting.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 26 of 106
18. Discuss And Consider The Request Of Mayor Philip Levine To Co-Name Convention Center Drive
As Muhammad Ali Way.
AFTER-ACTION
VOTE OF ACCLAMATION TO MOVE THIS TO THE CITY COMMISSION WITH A FAVORABLE
RECOMMENDATION
19. Discussion To Name The South Pointe Park Fountain In Memory Of Mark N. Overton, Former
Deputy Chief Of The MBPD
AFTER-ACTION
DIRECTION: Defer to December 9, 2016 NCAC meeting.
C7 – Resolutions
C7 A 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 A
VOLUNTARY COOPERATION MUTUAL AID AGREEMENT BETWEEN THE MIAMI BEACH POLICE
DEPARTMENT AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT, SOUTH FLORIDA
CHILD ABDUCTION RESPONSE TEAM, A MULTI-AGENCY TEAM, TO INVESTIGATE AND
PROSECUTE PERSONS INVOLVED IN THE ABDUCTION OF CHILDREN, AND PROVIDE A
RESPONSE TO MISSING AND ENDANGERED CHILDREN IN SOUTH FLORIDA.
Police
ACTION: Resolution 2016-29657 adopted. Chief Oates to handle.
C7 B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AN INTER-
LOCAL AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND MIAMI-DADE COUNTY,
FLORIDA, PERMITTING MIAMI BEACH POLICE OFFICERS TO ENFORCE PROVISIONS OF THE
MIAMI-DADE COUNTY CODE, SPECIFICALLY REGARDING VEHICLE FOR-HIRE REGULATIONS.
Police
ACTION: Resolution 2016-29658 adopted. Chief Oates to handle.
C7 C A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS
RESOLUTION, BETWEEN THE CITY AND NORTH BAY VILLAGE, FLORIDA (THE VILLAGE), FOR
THE PERFORMANCE OF FLEET MAINTENANCE AND REPAIR SERVICES BY THE CITY'S FLEET
MANAGEMENT DEPARTMENT ON BEHALF OF THE VILLAGE; SAID AGREEMENT HAVING AN
INITIAL TERM OF FOUR (4) YEARS, WITH TWO (2) TWO-YEAR RENEWAL OPTIONS, UPON
MUTUAL AGREEMENT OF THE PARTIES.
Fleet Management
ACTION: Resolution 2016-29659 adopted. Jorge Cano to handle.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 27 of 106
SUPPLEMENTAL MATERIAL 2: RESOLUTION & DRAFT AGREEMENT
C7 D A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER (AS SET
FORTH IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION) AND
WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND APPROVING, IN SUBSTANTIAL
FORM, THE CONCESSION AGREEMENT ATTACHED TO THIS RESOLUTION, BETWEEN THE
CITY AND DUCK TOURS SOUTH BEACH LLC. (CONCESSIONAIRE) FOR THE OPERATION OF
AMPHIBIOUS TOURS FROM THE BARRY KUTUN BOAT RAMP, AT MAURICE GIBB MEMORIAL
PARK, LOCATED AT 1700 PURDY AVENUE, FOR A TERM OF ONE (1) YEAR, WITH TWO (2) ONE-
YEAR RENEWAL OPTIONS, AT THE CITY’S SOLE DISCRETION; SAID AGREEMENT BEING
SUBJECT TO FINAL NEGOTIATION BETWEEN THE ADMINISTRATION AND CONCESSIONAIRE
AND SUBJECT TO REVIEW AND FORM APPROVAL BY THE CITY ATTORNEY’S OFFICE; AND
FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED
AGREEMENT.
Parks and Recreation
ACTION: Item referred to the Neighborhood/Community Affairs Committee by acclamation. Item heard
in conjunction with item C7 H at 9:26:18 a.m. Item separated by Commissioner Rosen Gonzalez.
Morgan Goldberg to place on the Committee Agenda. John Rebar to handle.
REFERRAL:
Neighborhood/Community Affairs Committee
SUPPLEMENTAL MATERIAL 2: RESOLUTION & DRAFT AGREEMENT
C7 E A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER (AS SET
FORTH IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION) AND
WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND APPROVING, IN SUBSTANTIAL
FORM, THE CONCESSION AGREEMENT ATTACHED TO THIS RESOLUTION, BETWEEN THE
CITY AND MIAMI LAND AND SEA PIRATE ADVENTURE INC. (CONCESSIONAIRE) FOR THE
OPERATION OF AMPHIBIOUS TOURS FROM THE BARRY KUTUN BOAT RAMP, AT MAURICE
GIBB MEMORIAL PARK, LOCATED AT 1700 PURDY AVENUE, FOR A TERM OF ONE (1) YEAR,
WITH TWO (2) ONE-YEAR RENEWAL OPTIONS, AT THE CITY’S SOLE DISCRETION; SAID
AGREEMENT BEING SUBJECT TO FINAL NEGOTIATION BETWEEN THE ADMINISTRATION AND
CONCESSIONAIRE AND SUBJECT TO REVIEW AND FORM APPROVAL BY THE CITY
ATTORNEY’S OFFICE; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE FINAL NEGOTIATED AGREEMENT.
Parks and Recreation
ACTION: Item referred to the Neighborhood/Community Affairs Committee by acclamation. Item heard
in conjunction with item C7 H at 9:26:18 a.m. Item separated by Commissioner Rosen Gonzalez.
Morgan Goldberg to place on the Committee Agenda; John Rebar to handle.
REFERRAL:
Neighborhood/Community Affairs Committee
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 28 of 106
SUPPLEMENTAL MATERIAL 2: RESOLUTION & DRAFT AGREEMENT
C7 F A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER (AS SET
FORTH IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION) AND
WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND APPROVING, IN SUBSTANTIAL
FORM, THE CONCESSION AGREEMENT ATTACHED TO THIS RESOLUTION BETWEEN THE
CITY AND SOUTH BEACH KAYAK, INC. (CONCESSIONAIRE) FOR USE OF THE BARRY KUTUN
BOAT RAMP AT MAURICE GIBB MEMORIAL PARK, LOCATED AT 1700 PURDY AVENUE, IN
CONNECTION WITH PROVIDING KAYAK AND PADDLE BOARD RENTAL SERVICES, FOR THE
TERM OF ONE (1) YEAR, WITH TWO (2) ONE-YEAR RENEWAL OPTIONS, AT THE CITY'S SOLE
DISCRETION; SAID AGREEMENT BEING SUBJECT TO FINAL NEGOTIATION BETWEEN THE
ADMINISTRATION AND CONCESSIONAIRE AND SUBJECT TO REVIEW AND FORM APPROVAL
BY THE CITY ATTORNEY'S OFFICE; AND FURTHER AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE FINAL NEGOTIATED AGREEMENT.
Parks and Recreation
ACTION: Item referred to the Neighborhood/Community Affairs Committee by acclamation. Item heard
in conjunction with item C7 H at 9:26:18 a.m. Item separated by Commissioner Rosen Gonzalez.
Morgan Goldberg to place on the Committee Agenda; John Rebar to handle.
REFERRAL:
Neighborhood/Community Affairs Committee
C7 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 TO SUPPORT A PARTNERSHIP WITH COMMON THREADS, A NATIONAL
NON-PROFIT ORGANIZATION, WHICH TEACHES CHILDREN, FAMILIES, AND TEACHERS TO
COOK FOR A HEALTHIER LIFE; APPROVING A PARTNERSHIP WITH COMMON THREADS;
REFERRING THIS MATTER TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO
IDENTIFY FUNDING FOR A PARTNERSHIP WITH COMMON THREADS; AND AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT FOR A PARTNERSHIP WITH COMMON
THREADS, AFTER FUNDING APPROVAL, IN AN AMOUNT NOT TO EXCEED $18,925.77.
Parks and Recreation/Organization Development Performance Initiatives
Commissioner Kristen Rosen Gonzalez
ACTION: Resolution 2016-29660 adopted. John Rebar and Dr. Leslie Rosenfeld to handle.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 29 of 106
9:26:18 a.m.
SUPPLEMENTAL MATERIAL 2: RESOLUTION & DRAFT AGREEMENT
C7 H A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER (AS SET
FORTH IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION) AND
WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND APPROVING, IN SUBSTANTIAL
FORM, THE CONCESSION AGREEMENT ATTACHED TO THIS RESOLUTION, BETWEEN THE
CITY AND MIAMI JETSKI EXOTICS RENTAL INC. (CONCESSIONAIRE) FOR THE OPERATION OF
GUIDED JETSKI TOURS FROM BARRY KUTUN BOAT RAMP, LOCATED AT MAURICE GIBB
MEMORIAL PARK, FOR A TERM OF ONE (1) YEAR, WITH TWO (2) ONE-YEAR RENEWAL
OPTIONS, AT THE CITY’S SOLE DISCRETION; SAID AGREEMENT BEING SUBJECT TO FINAL
NEGOTIATION BETWEEN THE CITY AND CONCESSIONAIRE AND SUBJECT TO REVIEW AND
FORM APPROVAL BY THE CITY ATTORNEY’S OFFICE; AND FURTHER AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED AGREEMENT
Parks and Recreation
ACTION: Item referred to the Neighborhood/Community Affairs Committee by acclamation. Item
separated by Commissioner Rosen Gonzalez. The businesses that are currently operating out of the
boat ramp would continue operating on a month-to-month basis, until the City finds a long-term
solution. Morgan Goldberg to place on Committee Agenda. John Rebar to handle.
ITEMS REFERRED TO NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE:
C7 D, C7 E, C7 F, C7 H, R7 L and R7 M. Morgan Goldberg to place on Committee Agenda. John
Rebar to handle.
Commissioner Rosen Gonzalez stated that in regards to the Sunset Harbour dock, there seems to be
no regulation in place. The City is arbitrarily giving licenses to use the boat ramp. She suggested
referring this item and all related items to the Neighborhood/Community Affairs Committee (NCAC) so
that they can decide on regulations, and interested parties must go out to bid. The City should charge
for commercial dock use.
Mayor Levine agreed in referring the item to NCAC to decide what should be done with the dock.
Currently, it does seem like a chaotic situation with a great deal of concessionaires utilizing the boat
ramp. He thought only the water taxis and Duck Tours would be allowed to use the boat ramp.
Commissioner Grieco explained that this item goes back a few years. Previously, there were no rules
for this ramp and anyone could use it, which lead to a chaotic situation. He was one of the first people
who tried to limit ramp use, by only permitting Miami Beach residents use of the parking lot. When the
City Commission wanted to prohibit commercial use of the boat ramp, several special interest groups
approached the City Commission to change that, and began asking for exceptions to the commercial
use ban. He is not sure of the best practices for this matter, but he does believe the local neighborhood
associations should have a say in the matter.
Commissioner Rosen Gonzalez requested that an exception be made for South Beach Kayak, as it is a
business that has been there for many years and does not use motorized boats.
Mayor Levine agreed with Commissioner Rosen Gonzalez, and stated that perhaps businesses within
a certain distance from the boat ramp could be allowed use of the boat ramp.
Rafael Andrade, Esq., representing Miami Jetski Exotics Rental Inc., stated that his client has been in
operation for seven years without incident. They welcome the opportunity to discuss how to handle
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 30 of 106
ramp use in the future. He asked that as this process is ongoing, to allow his client use of the boat
ramp, as he is currently using it.
Mayor Levine suggested referring the item to the Neighborhood/Community Affairs Committee.
Commissioner Steinberg asked Mr. Rebar what his assessment is and how many companies are
currently utilizing the boat ramp, and whether they can continue allowing ramp use on a month-by-
month basis while a long-term solution is decided.
John Rebar, Parks & Recreation Director, explained that the City could proceed on a month-to-month
basis as Commissioner Steinberg suggested.
Commissioner Steinberg suggested referring the item to the Neighborhood/Community Affairs
Committee.
Item referred to the Neighborhood/Community Affairs Committee by acclamation.
Jimmy L. Morales, City Manager, recommended referring items R7 L and R7 M to the
Neighborhood/Community Affairs Committee as well.
List of related items referred to the Neighborhood/Community Affairs Committee: C7 D, C7 E, C7 F, C7
H, R7 L and R7 M.
Commissioner Arriola stated that the businesses that are currently operating out of the boat ramp
would continue operating on a month-to-month basis, until the City finds a long-term solution.
Camilo Marmol, owner of Miami Beach Paddleboard, explained that his company uses the boat ramp,
and requested to be treated the same as Miami Beach Kayak.
Felina Naval, representing Duck Tours, stated that Duck Tours only uses the boat ramp during low
tides. Their preferred ramp is on Watson Island.
Philip Stamatyades, representing Hector’s Water Sports, stated that the problem originated from noise
pollution and unsafe activity at the boat ramp. Hector’s Watersports does not contribute to that. They
have been open in Miami Beach for over 23 years.
C7 I A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH
FLORIDA, WAIVING, BY A 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING
SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING AND
AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE, SUBSTANTIALLY IN THE
FORM ATTACHED TO THIS RESOLUTION, A USE AGREEMENT WITH THE SCHOOL BOARD OF
MIAMI-DADE COUNTY, FLORIDA (THE BOARD); SAID AGREEMENT PERMITTING THE MIAMI
BEACH SENIOR HIGH SCHOOL BASEBALL/SOFTBALL TEAM TO USE THE FLAMINGO PARK
BASEBALL FIELD, LOCATED AT 1435 MICHIGAN AVENUE, AND THE FLAMINGO PARK
SOFTBALL FIELD, LOCATED AT 13TH STREET AND MERIDIAN AVENUE, DURING THE
SCHOOL'S BASEBALL/SOFTBALL SEASON; PROVIDING FOR THE INITIAL ANNUAL USE
PAYMENT OF $22,203.67, SUBJECT TO ADJUSTMENT ANNUALLY AND ADDITIONAL CHARGES
AS STIPULATED IN THE AGREEMENT; AND HAVING AN INITIAL TERM OF FIVE (5) YEARS, WITH
ONE (1) ADDITIONAL FIVE-YEAR RENEWAL OPTION, AT THE CITY'S OPTION.
Parks and Recreation
ACTION: Resolution 2016-29661 adopted. John Rebar to handle.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 31 of 106
C7 J A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ADOPTING THE CERTIFICATE OF COUNTY CANVASSING BOARD FOR THE
NOVEMBER 8, 2016 SPECIAL ELECTION FOR THE CITY OF MIAMI BEACH, AND DECLARING
RESULTS THEREOF.
Office of the City Clerk
ACTION: Resolution 2016-29662 adopted. Office of the City Clerk to handle.
The Certificate of the results of the November 8, 2016 City of Miami Beach Special Election were
received from the Miami-Dade County Supervisor of Elections, and are herein incorporated into
Resolution 2016-29662. The Mayor and City Commission adopted the Certificate of County Canvassing
Board for said Special Election. Below are the results of the November 8, 2016 Special Election:
City Code Section 2-459: Establish Additional Exception to Prohibition on Lobbying by City
Board Members
City Code Section 2-459 prohibits City board members and their associates from lobbying City
personnel and agencies. Should this section be amended to include an exception allowing land use
board (Board of Adjustment, Design Review Board, Historic Preservation Board, Panel of Architects,
and Planning Board) members who are architects or landscape architects to lobby City personnel and
agencies on land development applications, except for applications before the board on which they
serve?
YES 11,823
NO 16,054
Lobbyists’ annual disclosure of expenditures/compensation
City Code Section 2-485 requires that lobbyists file annual statements listing all lobbying expenditures
and compensation received for the preceding calendar year regarding each issue the lobbyist was
engaged to lobby, such statement to be filed even if there were no such expenditures or compensation.
Shall this Code section be amended to provide that annual statements need not be filed by lobbyists if
there have been no such expenditures and compensation during the reporting period?
YES 12,488
NO 15,981
SUPPLEMENTAL MATERIAL 1:
RESOLUTION, LOCAL HOUSING ASSISTANCE PLAN & EXHIBITS
C7 K A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND ADOPTING THE TECHNICAL REVISIONS TO THE STATE HOUSING
INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN (LHAP)
THAT INCREASE THE AMOUNT OF ASSISTANCE PROVIDED TO ELIGIBLE PARTICIPANTS, AND
THE AMENDMENT TO THE LHAP THAT ADDS A NEW ASSISTANCE STRATEGY WHICH ALLOWS
THE CITY TO PURCHASE, REHABILITATE, AND RESELL PROPERTIES TO ELIGIBLE
HOUSEHOLDS TO BECOME HOMEOWNERS; AUTHORIZING EXECUTION OF ANY NECESSARY
CERTIFICATIONS BY THE MAYOR AND THE CITY CLERK; AND FURTHER AUTHORIZING THE
CITY ADMINISTRATION TO SUBMIT THE AMENDED LHAP TO THE FLORIDA HOUSING FINANCE
CORPORATION (FHFC) FOR ITS REVIEW AND APPROVAL.
Housing and Community Services
ACTION: Resolution 2016-29663 adopted. Maria Ruiz to handle.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 32 of 106
C7 L A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO REJECT ALL
PROPOSALS RECEIVED, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2016-046-KB,
RED LIGHT VIOLATION CAMERA ENFORCEMENT SYSTEM AND RELATED SUPPORT
SERVICES.
Police/Procurement
ACTION: Resolution 2016-29664 adopted. Chief Oates and Alex Denis to handle.
C7 M A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE CITY MANAGER TO EXTEND THE EXISTING AGREEMENT WITH
MWW GROUP, LLC, FOR FEDERAL GOVERNMENTAL LOBBYING AND CONSULTING SERVICES,
ON A MONTH-TO-MONTH BASIS, TERMINABLE BY THE CITY FOR CONVENIENCE AND
WITHOUT CAUSE, UPON THIRTY (30) DAYS WRITTEN NOTICE TO MWW GROUP, LLC; AND
FURTHER APPROVING THE ISSUANCE OF REQUEST FOR QUALIFICATIONS (RFQ) 2017-005-
WG FOR FEDERAL GOVERNMENTAL CONSULTING SERVICES.
Office of the Mayor and Commission /Procurement
ACTION: Resolution 2016-29665 adopted. Office of the Mayor and Alex Denis to handle.
C7 N 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 NEAT STREETS MATCHING GRANT PROGRAM; 2) KEEP AMERICA BEAUTIFUL GRANT
PROGRAM; AND RETROACTIVELY, FOR: 3) FRIENDS OF THE BASS MUSEUM INC., FOR AN
APPLICATION TO THE STATE OF FLORIDA, DEPARTMENT OF STATE, CULTURAL FACILITIES
GRANT PROGRAM FOR FUNDING IN THE AMOUNT OF $500,000; AND FURTHER AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE, IN SUBSTANTIAL FORM, THE
RESTRICTIVE COVENANT ATTACHED TO THIS RESOLUTION AND ALL NECESSARY
DOCUMENTS IN CONNECTION WITH THE AFORESTATED GRANT.
Budget and Performance Improvement
ACTION: Resolution 2016-29666 adopted. Cintya G. Ramos to handle.
C7 O A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SPONSORSHIP
AGREEMENT WITH MIAMI BEACH BOWL LLC, IN THE AMOUNT OF ONE HUNDRED FIFTY
THOUSAND DOLLARS ($150,000), TO SPONSOR THE 2016 MIAMI BEACH BOWL, A POST-
SEASON COLLEGE FOOTBALL GAME AT MARLINS PARK ON DECEMBER 19, 2016.
Tourism, Culture and Economic Development
ACTION: Resolution 2016-29667 adopted. Vanessa Williams to handle.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 33 of 106
C7 P A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, RETROACTIVELY ACCEPTING AN IN-KIND CONTRIBUTION FROM THE SAGAMORE
HOTEL, WITH A VALUE OF APPROXIMATELY $1,200, FOR THE SAGAMORE'S SPONSORSHIP OF
THE ART BASEL MIAMI BEACH ANNUAL OFFICIAL BRUNCH.
Tourism, Culture & Economic Development
ACTION: Resolution 2016-29668 adopted. Vanessa Williams to handle.
C7 Q A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN
AGREEMENT WITH THE MIAMI HERALD FOR THE PURPOSE OF ADVERTISING CITY
MEETINGS, EVENTS, PROGRAMS, AND FACILITIES.
Marketing and Communications
ACTION: Resolution 2016-29669 adopted. Tonya Daniels to handle.
C7 R A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING, PURSUANT TO SECTION 2-315(E) OF THE CITY CODE, THE DONATION
TO THE HISTORY MIAMI MUSEUM OF ONE (1) RECENTLY REPLACED ICONIC LIFEGUARD
TOWER, TO BE SELECTED AT THE DISCRETION OF THE CITY MANAGER.
Office of the City Manager
Commissioner Michael Grieco
ACTION: Resolution 2016-29670 adopted. John Ripple and Marcia Monserrat to handle.
C7 S A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING THE ACCEPTANCE OF $13,027 OF STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) FUNDS FOR THE PURPOSE OF PROVIDING HOUSING COUNSELING
SERVICES FOR HOMEOWNERS AND PROSPECTIVE HOMEBUYERS; AUTHORIZING THE
APPROPRIATION OF THE FUNDS AS AN ADDITION TO THE FISCAL YEAR 2016/2017 SHIP
ALLOCATION; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY AND
ALL DOCUMENTS OR AGREEMENTS IN CONNECTION WITH THE FUNDING ALLOCATION, AND
TO SUBMIT THEM TO THE FLORIDA HOUSING FINANCE CORPORATION (FHFC); AND FURTHER
AUTHORIZING THE APPROPRIATION OF ANY INTEREST ACCRUED THEREON FOR ELIGIBLE
HOUSING COUNSELING SERVICE ACTIVITIES UNDER THE SHIP PROGRAM RULES.
Housing and Community Services
ACTION: Resolution 2016-29671 adopted. Maria Ruiz to handle.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 34 of 106
C7 T 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. 8 TO THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING (NE)
SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND
WOLFBERG/ALVAREZ AND PARTNERS, INC., FOR ADDITIONAL ARCHITECTURAL
PROFESSIONAL SERVICES FOR THE FLAMINGO PARK PROJECT; IN THE NEGOTIATED NOT-
TO-EXCEED AMOUNT OF $231,269; WITH PREVIOUSLY APPROPRIATED FUNDING.
Capital Improvement Projects
ACTION: Resolution 2016-29672 adopted. David Martinez to handle.
C7 U A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACKNOWLEDGING MAYOR PHILIP LEVINE'S DECISION TO VOLUNTARILY FOREGO
THE FULL ANNUAL SALARY AND OTHER COMPENSATION AND BENEFITS AFFORDED TO THE
OFFICE OF MAYOR, AS HEREINAFTER SET FORTH IN THIS RESOLUTION (THE "MAYOR'S
COMPENSATION"), FOR FISCAL YEAR 2016-2017 AND APPROVING THE TRANSFER OF FUNDS
EQUIVALENT TO THE MAYOR'S COMPENSATION FROM THE CITY OF MIAMI BEACH TO ONE
MIAMI BEACH, INC., SO THAT SUCH FUNDS MAY BE EXPENDED BY ONE MIAMI BEACH, INC.
TO FUND QUALIFIED NEEDS AND PROJECTS, AS DETERMINED BY ONE MIAMI BEACH, INC.,
THAT BENEFIT ANIMAL WELFARE.
Office of the City Attorney
Mayor Philip Levine
ACTION: Resolution 2016-29673 adopted. Allison Williams to handle.
C7 V 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. 3 TO THE
AGREEMENT BETWEEN THE CITY AND CLEAR CHANNEL OUTDOOR, INC., AS ASSIGNEE,
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, WHICH AGREEMENT, EFFECTIVE AS OF OCTOBER
31, 2016, HAS BEEN EXTENDED BY THE PARTIES ON A MONTH-TO-MONTH BASIS; SAID
AMENDMENT, IN MATERIAL PART: (1) PROVIDING FOR THE CITY AND CLEAR CHANNEL TO
EQUALLY SHARE IN THE COST OF REMOVING AND REPLACING ANY BUS SHELTER OR
BENCH WHICH IS REQUIRED TO BE REMOVED AS A RESULT OF ONGOING OR NEW
ROADWAY CONSTRUCTION PROJECTS; (2) REQUIRING A PHASE OUT PLAN FOR THE
REMOVAL OF THE BUS SHELTERS AND BUS BENCHES UPON THE EXPIRATION OR
TERMINATION OF THE AGREEMENT; (3) CLARIFYING THE APPLICABILITY OF THE
AGREEMENT TO BUS SHELTERS AND BUS BENCHES; AND (4) MEMORIALIZING THE PRACTICE
OF PROVIDING THE CITY WITH AD SPACE FOR CITY PROMOTIONAL MATERIALS, SUBJECT TO
SPACE AVAILABILITY.
Transportation
ACTION: Resolution 2016-29674 adopted. Jose Gonzalez to handle.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 35 of 106
ADDENDUM MATERIAL 2:
C7 W A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY
AFFAIRS COMMITTEE AT ITS DECEMBER 9, 2016 MEETING APPROVING THE PLACEMENT OF A
COMMEMORATIVE PLAQUE AT THE BELLE ISLE PARK FLAG POLE IN HONOR OF THE HEROIC
MEN AND WOMEN IN THE ARMED FORCES AND FIRST RESPONDERS FOR THEIR SERVICE
AND, PURSUANT TO SECTION 82-504(a) OF THE CITY CODE, SETTING A PUBLIC HEARING FOR
JANUARY 11, 2017 TO CONSIDER THE PLACEMENT OF THE COMMEMORATIVE PLAQUE, AND
DIRECTING THE CITY CLERK TO PUBLISH THE APPROPRIATE PUBLIC NOTICE.
Parks and Recreation
ACTION: Resolution 2016-29675 adopted. John Rebar to handle.
REGULAR AGENDA
R5 – Ordinances
10:08:43 a.m.
R5 A 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.
10:00 a.m. Second Reading Public Hearing Planning
First Reading PH October 19, 2016 - R5 I Commissioner Ricky Arriola
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 36 of 106
ACTION: Title of the Ordinance read into the record. Item opened and continued. Motion made by
acclamation to open and continue the item to the January 11, 2017 Commission Agenda . Rafael E.
Granado to notice. Lilia Cardillo to place on the Commission Agenda. Thomas Mooney to handle.
Eduardo Matos, representing the Floridian Condominium, stated that the Floridian Condominium
residents are watching this with some anxiety, and he thanked the City Commission for opening and
continuing the item.
Handouts and Reference Materials:
1. Ad 1245 published in The Miami Herald
2. Ad 1250 published in The Miami Herald
3. Email from Eve Boutsis dated November 18, 2016 RE: Transit Intermodal Facility CP and LDR.
10:11:20 a.m.
R5 B 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 WITH
IN 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" 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.
10:05 a.m. Second Reading Public Hearing Planning
Firs Reading PH October 19, 2016 - R5 J Commissioner Ricky Arriola
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 37 of 106
ACTION: Title of the Ordinance read into the record. Item opened and continued. Motion made by
acclamation to open and continue the item to the January 11, 2017 Commission Agenda . Rafael E.
Granado to notice. Lilia Cardillo to place on the Commission Agenda. Thomas Mooney to handle.
Handouts and Reference Materials:
1. Ad 1246 published in The Miami Herald
10:13:56 a.m.
SUPPLEMENTAL MATERIAL 2: REVISED ORDINANCE
R5 C 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.
10:10 a.m. Second Reading Public Hearing Office of the City Attorney
Continued from November 9, 2016 - R5 G
Sponsored by Vice-Mayor Joy Malakoff & Commissioner John Elizabeth Alemán
& Co-Sponsored by Commissioner Michael Grieco
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2016-4062
adopted as amended. Motion made by Vice-Mayor Malakoff; seconded by Commissioner Grieco.
Ballot vote: 6-0; Absent: Commissioner Alemán. Allison Williams and Hernan Cardeno to handle.
Commissioner Rosen Gonzalez changed her “no” vote to “yes.”
AMENDMENTS:
Sec. 102-377. Penalties, enforcement; collection of delinquent fees and taxes, and criminal
penalties.
a) Any person who shall carry on or conduct any business for which a tax receipt is required by this
article without first obtaining such tax receipt shall be issued a violation for the offense. which
shall have a civil fine of $1.000.00. The enhanced enforcement for this violation shall be
pursuant to subsection 102-377(d) herein.
The enforcement and appeal of the Notice of Violation shall be consistent with those
requirements set forth in Section 102-386(C)(2) and (3).
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 38 of 106
FEE INCREASES:
First violation is a warning; second violation to $5,000; third violation to $7,500 and the fourth and
subsequent violation is a fine of $10,000 with the revocation of the BTR.
Sec. 102-386 (b)
A property owner of a residential unit, as set forth within this subsection, must provide contact
information, name, telephone number and email address, to the guest at the time of reservation.
Michael Llorente, representing the Fontainebleau Hotel, stated that they are supportive of this
legislation and the City’s efforts to regulate short-term rentals; however, there is a suggestion that was
discussed but has not yet been incorporated into the legislation, and that is specifically that for
condominium hotels; the advertisement should include contact information of the owner or operator of
the privately held units. The reasoning behind the request is the fact that many times, visitors come to
these private units with issues and they expect the hotel lobby staff to resolve them, and the hotel is not
in a position to do that. If an issue arises, the visitors will know whom to contact.
Frank Del Vecchio explained that this suggestion has been accepted by the sponsors. Section 102.370
(d), as currently worded, states that if a violator continues the violation for 30 days or more, which
means the violator has been cited for violation, and the evidence has been gathered, Code
Enforcement has identified that there is a violation, and the violation continues, as verified by Code, the
current penalty in the initial draft was a fine of $500, but this figure does not capture the amount of
effort that goes into this, and it seems unreasonably low.
Vice-Mayor Malakoff suggested raising the fine to $1,000.
Mr. Del Vecchio suggested increasing the fines to $5,000. Secondly, there is a provision where the first
offense for branding or advertising short-term rental without a Business Tax Receipt (BTR) originally
carries a warning, and he thinks this is unrealistic, as the industry will know that the City is serious
about getting people wanting to rent short-term to file, get a BTR and pay the transient rental fees. He
suggested reinstating the $1,000 fine for the first offense, and a $5,000 fine, if the violation continues
for more than 30 days. The City already has stiff penalties for single-family homes.
Mayor Levine agreed with Mr. Del Vecchio and suggested making the fines ever higher as the
residents of Miami Beach do not want to see short-term rentals in their buildings or their neighborhood.
He requested considering a mail in poll or get feedback from the residents.
Discussion continued.
Commissioner Rosen Gonzalez agreed with the issue of the fine increment, but added that these are in
areas where people bought and short-term rentals were legal. This BTR requirement is brand new, and
for the first six months to one year that this is implemented, she thinks the City should generate an
electronic notification alerting individuals to sign up for the BTR, and if this is done, she is agreeable to
raise the second violation to $5,000.
Mr. Del Vecchio suggested including the fines for a first offense in the Ordinance, but delaying the
effective date.
Commissioner Rosen Gonzalez stated the idea was to improve the technology, so that once individuals
sign up with Airbnb, they have the opportunity to sign the Affidavit online, sign up for BTR and get
notifications via email. She reiterated that for the first offense, the violator should receive a notification.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 39 of 106
Aleksandr Boksner, Deputy City Attorney, explained that they are dealing with two Ordinance
amendments. In reference to Section 102-377, a violation for not obtaining a BTR will result in $1,000
fine; this is the current proposed amendment. Failure to correct that violation after a three-day period
results in a second-degree misdemeanor violation against the individual. Under Florida law, a second-
degree misdemeanor, unless expressly authorized by the Florida Legislature, does not give the City the
legal authority to go beyond that $500; it is either 60 days imprisonment, and/or a $500 fine. That is
why he created the amendment as written, under the request of Commissioner Grieco, that the City will
not tolerate individuals not obtaining a BTR, and they will allow them 30 days to obtain the BTR along
with $1,000 fine. After that, they will be committing a criminal offense.
Discussion held.
Peter Fisher believes the City is misusing the zoning laws to attack a group of people, rather than
addressing the externalities that a property would emit. There are laws such as the noise Ordinance
that deal with noise disturbances. He believes that the course this City Commission is taking will be
subject to legal challenges over the next years to come. The State of New York reached an agreement
with Airbnb, saying that the State is not going out after Airbnb, and the City is criminalizing the use of
an international website.
Aleksandr Boksner, Deputy City Attorney, added that in addressing the creation of Section 102-386, he
reminded everyone that this has a long history; they have been drafting this Ordinance for several
months; this is the second reading requested, with an additional requirement that the City not penalize
an individual for violating Section 102-386, and it was agreed upon that the violator be given a warning
to allow them to come into compliance. This is not a land development regulation; therefore, the City
has the legal right to regulate what is already within the Zoning Code.
Discussion held.
Carmen Marín, Biscayne Beach resident, is concerned with the position the City is taking with short-
term rentals. When she travels with her large family, it is more feasible to rent a condominium or an
apartment. The City is hurting itself by not allowing short-term rentals within the City, by not getting any
revenue from it and making it legal. They are going to be forcing people who want to come to Miami
Beach, when making rentals illegal, to go to other municipalities where short-term rental is legal. She is
asking the City Commission to reconsider making short-term rentals legal, and go after individuals that
do not want to file for taxes, and treat it on a one-to-one basis. This does not allow for improvements in
North Beach.
Vice-Mayor Malakoff stated that they are making short-term rentals legal where applicable, and want to
ensure that they follow the rules. The short-term rentals in North Beach, as adopted by this City
Commission, were in order to do short-term rentals on the Harding corridor, in order to keep the
buildings from being dilapidated. The only way they can do short-term rentals there is if they renovate
the buildings, follow the Secretary of Interior Standards, Fire Safety and the Florida Building Code to
improve those buildings in the area.
Discussion continued.
Commissioner Grieco reminded that the City has had an online map for years, they public may search
the web for “Miami Beach Short Term Rentals” ( or visit http://web.miamibeachfl.gov/planning/scroll.aspx?id=69472 )
that show where the short-term rentals are allowed or not. State law says that the City cannot make it
illegal anywhere beyond the map. After the City passed all its regulations on short-term rentals, the
State added that no municipality or County, except for what is already in place, could restrict vacation
or short-term rentals; therefore, the City cannot eliminate short-term rentals in the City. However, today
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 40 of 106
they are creating a mechanism where if an individual is in an area that is zoned for short-term rentals,
and the building allows it, then that individual has the ability to do it, as long as they have a Resort
Account in order to apply for a BTR. The fine structure was increased to dissuade people from violating
that law, since technology is changed and it became an issue. The issue still exists in condominiums,
which are not protected, and in areas that have multifamily dwellings with quality of life issues because
they are inundated with Airbnb’s.
Commissioner Rosen Gonzalez asked if the City has the technology to obtain a BTR online.
Aleksandr Boksner, Deputy City Attorney, explained that how they receive the information is solely
within the discretion of the Administration, and the Affidavit requires the property owner to notarize that
Affidavit. What he has found, in prosecuting these short-term rentals, is that there are property owners
who engage tenants on long-term leases, and then the tenant lists that property on some short-term
rental platform, so they are trying to prevent that from happening. The only way he can prevent this
from happening is to have the property owner submit the Affidavit. The Affidavit can in fact be filled out
and submitted electronically.
Commissioner Rosen Gonzalez stated that she does not want to have people take that extra step. She
suggested finding a way to legally do this and have the process be done online.
Aleksandr Boksner, Deputy City Attorney, reiterated that the only way the Office of the City Attorney
can ensure the legitimacy of the process is through the Affidavit.
Raul J. Aguila, City Attorney, explained that the Office of the City Attorney responded to the City
Commission’s directive and addressed the problem of quality of life issues. If there is an inconvenience
for someone to do a short-term rental, then the quality of life issue must be balanced versus the
“inconvenience” of that person entering into a commercial venture.
Mayor Levine stated that moving the process online is a great directive, but the overall concern of the
quality of life for the residents may weigh greater than the inconvenience of the Affidavit.
Commissioner Rosen Gonzalez stated that this is the 21 st Century, and instead of fighting the
technology, they should be working with Airbnb, in order for them to get their BTR, start paying taxes
and creating some sort of system, instead of what they are doing now, which is setting them up for
failure the way this is structured.
Francis Motis stated that in San Francisco long-term residents are non-existent, because they facilitate
short-term rentals too much. They want Miami Beach to have short-term rentals in areas that are legal,
but in order to legalize them, they must have the BTR.
Jimmy L. Morales, City Manager, added that the State Fire Code, which the City is bound by, has very
clear rules that when engaging in short-term rentals, the building is required to have at least five
sprinklers, and some of these condominium buildings do not have the proper fire safety, which is
against the State Fire Code.
Delvin Fruit asked why short-term rentals are allowed in certain areas and in others not.
Thomas Mooney, Planning Department Director, explained that short-term rentals are prohibited in the
RM-1 zone.
Brian May, representing Airbnb, explained that none of the amendments they have offered to the City
have been accepted, except for one, which relates to accommodation for the Fontainebleau, which they
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 41 of 106
understand. The City Commission is not stopping people from exercising their rights, but is making it
extremely difficult for someone to exercise their rights. The paperwork itself is burdensome; one cannot
get a Resort Tax Certificate online with the City, it has to be done by mail or in person; secondly, with
the BTR one must have a Certificate and include that; if in a Condominium, a letter is needed from a
Condo Board stating that they are allowed to do it, and lastly, one would need a written authorized
Affidavit, under the penalty of perjury, and submit it to the City. This cannot be done online. The City
requires a notarized Affidavit under penalty of perjury, so why is it necessary for someone to have a
written letter from the Condo Board, if they submit their Affidavit, or as they suggested an Affirmation
form. He thinks the City is effectively over regulating short-term rentals to the extend they want to ban
them in the City of Miami Beach.
Discussion continued.
Ray Breslin has had a BTR since 2003. He is there 24/7 and if they are out of town, they hire someone
to take care of their guests. The City needs to worry about what the visitors think about the City, not
where they stay, because ultimately Miami Beach loses.
Discussion continued regarding amendments.
Aleksandr Boksner, Deputy City Attorney, clarified that these are two Ordinances and there have been
at least four separate Second Readings. He clarified that the amendments between first and second
reading are delineated with double underline in the Ordinance as requested by this City Commission.
The amendment agreed upon, which Airbnb requested, is within Section 102-386(b), where there is an
affirmative disclosure for both, whether there is or not a benefit for the individual who makes the
disclaimer and whether it is affiliated with the hotel operator. A further amendment removed a Police
Officer and inserts Code Enforcement Officers as having the legal authority to enforce short-term
rentals, and finally the removal of the $1,000 fine for the first offense, creating a written warning as
requested, so everyone is given an opportunity to come into compliance. Ultimately, this Ordinance has
been a work in progress, has been discussed at multiple public meetings, and the City of Miami Beach
and the Office of the City Attorney believe it is the appropriate amount of regulation. He recommends
that it be enacted as presented today and if there is a need to amend that can be accomplished.
Motion made by Vice-Mayor Malakoff to move the item.
Commissioner Steinberg requested reinstating the $1,000 fine for the first warning, but they do not
need to have the effective date immediately. These are people who are running businesses from their
home that have a negative impact in their surrounding neighborhood, and this is why they came up with
these regulations. They are trying to come up with something equitable, and that will improve the
quality of life. Having a $1,000 fine, and not having the effective date, gives them six months.
Discussion held.
Vice-Mayor Malakoff thinks that there are many people that rent short-term in good faith and do not
realize that they have to follow certain rules. Therefore, a warning should be given and then compliance
should be within 30 days.
Commissioner Steinberg suggested making the second offense higher.
Discussion held regarding fines.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 42 of 106
There was consensus to approve the fines as amended:
1st Violation Warning
2nd Violation $ 5,000
3rd Violation $ 7,500
4th & subsequent $10,000 and loss of BTR
Discussion continued.
Vice-Mayor Malakoff stated that in Section 102.377(d) there is an imposition of a fine not to exceed
$500, due to the second-degree misdemeanor; and recommended having $5,000 fine instead of the
criminal penalty. Lastly, with reference to Americans Disabilities Act, when people make reservations
through Airbnb and are wheelchair bound, they will request a handicap accessible room, but she does
not think everyone that has an apartment that is allowed to have short-term rental needs to be ADA
compliant.
Mr. Boksner explained that the building would have ADA requirements, first and foremost. In terms of
ADA, it may not be required, but they would be obligated to verify whether there is ADA requirement for
the residential property or unit, including the building. That would not alleviate the Fire Prevention Code
or Florida Building Code; and that is how he drafted the Ordinance and how he interpreted.
Motion made by Vice-Mayor Malakoff to approve the item as amended.
Commissioner Grieco offered an additional amendment regarding requiring, as part of the
advertisement, that there be posting as to where guests go if there is an issue with the units, in
specifically for the condominium units hotel, and provide a name and telephone number.
Brian May suggested not requiring posting at the time the unit is advertised; but requiring posting the
contact information when the unit is booked. There was consensus.
Commissioner Rosen Gonzalez stated her concern is not being able to make the process available
online; it should be seemingly effortless and anyone can do it over a Smartphone.
Discussion continued regarding maintenance of units.
Mayor Levine added that this has been worked on for a couple of years, and even though it is not
completely online yet, there is a mandate and the City is moving forward in that direction.
Commissioner Steinberg wants to make sure they keep on top of this, and as technological advances
come up to make the process easier, then they should bring this item up as a matter of policy.
City Manager Morales stated that they need to balance the convenience with security issues.
Discussion continued.
Motion made by Vice-Mayor Malakoff, seconded by Commissioner Grieco, as amended. Ballot vote: 5-
1; Opposed: Commissioner Rosen Gonzalez; Absent: Commissioner Alemán.
City Clerk’s Note: See final vote with the Action taken, as Commissioner Rosen Gonzalez later in the
day announced a change to her vote.
Aleksandr Boksner, Deputy City Attorney, clarified that the amendments are the increase in monetary
fines for the second violation of $5,000; third violation to $7,500 and the fourth and subsequent
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 43 of 106
violation is a fine of $10,000 with the revocation of the BTR. Within the subsection b of 102-386, there
will be further language stating the fact that a property owner of a residential unit, as set forth within this
subsection, must provide contact information, name, telephone number and email address to the guest
at the time of reservation.
Raul J. Aguila, City Attorney, acknowledged Aleksandr Boksner for his efforts.
Mayor Levine recognized former Mayor Bower in the audience.
Handouts and Reference Materials:
1. Ad 1245 published in The Miami Herald
2. Email from Tom Martinelli <tom.martinelli@airbnb.com dated December 12, 2016, RE: 12.12.2016 Airbnb
Letter to Miami Beach with attachment.
3. Email from Tom Martinelli tom.martinelli@airbnb.com dated December 13, 2016, RE: City Commission
Agenda R5 C – Short Term Rental Airbnb Recommended Amendments, with attachment titled “Requested
Amendments to Agenda Item R5 C – Short Term Rental Ordinance.pdf.
11:05:42 a.m.
R5 D OFF-STREET PARKING REGULATIONS:
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, FLORIDA, BY AMENDING CHAPTER 130, "OFF-STREET PARKING," ARTICLE
V, "FEE IN LIEU OF PARKING PROGRAM," BY AMENDING AND CLARIFYING STANDARDS AND
PROCEDURES FOR OFF-STREET PARKING REQUIREMENTS, AND PROVIDING THAT NO FEE
IN LIEU OF PARKING SHALL BE REQUIRED TO REMOVE EXISTING PARKING SPACES IN A
HISTORIC DISTRICT, IF A REDUCTION IN THE INTENSITY OF USES RESULTS IN A SURPLUS OF
PARKING SPACES; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
10:15 a.m. Second Reading Public Hearing Planning
First Reading on November 9, 2016 - R5 M Commissioner Michael Grieco
ACTION: Public Hearing held. Ordinance 2016-4063 adopted. Motion made by Commissioner
Alemán; seconded by Commissioner Arriola. Ballot vote: 5-2; Opposed: Commissioners Rosen
Gonzalez and Steinberg. Thomas Mooney to handle.
Thomas Mooney, Planning Department Director, introduced the item. This Ordinance essentially allows
someone who is creating surplus parking within an existing building not to have to pay an impact fee for
any parking that would be rendered surplus.
Daniel Ciraldo stated that there had been discussions held regarding Biscayne Beach and possibly
building a parking garage there, and he is concerned that if this is implemented, there will be less
money available to build parking garages for the neighborhoods that need it.
Commissioner Rosen Gonzalez stated that this Ordinance would allow the City to give away millions of
dollars in potential parking fees to developers across the City. This deal is for the Shore Club, and it is
at least a $1 million give away. The people in Biscayne Beach need this money to build their parking
lot, and now the City will charge them when the City can charge the developers. The City is already
removing the parking requirement, that is enough, and they do not have to remove impact fees on top
of that. She is opposed to reducing any impact fees required of developers, and would like to
understand why they are giving these impact fees away; she finds it deplorable.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 44 of 106
Mayor Levine appreciates what Commissioner Rosen Gonzalez is saying, and asked Mr. Mooney for
the rationale behind this Ordinance.
Thomas Mooney, Planning Department Director, explained that the revised section of the Code does
not reduce parking requirements or eliminates parking requirements. What it does is that if someone is
substantially reducing the intensity or density of their particular use, then it also reduces the parking
requirement. Previously under the Code, if they had existing parking, even if that parking became
surplus parking, in order to remove it, they had to pay an impact fee. This new language says that if
someone is truly creating surplus parking, and they do not need that parking anymore, they do not have
to pay the impact fee if they do not need it for operational purposes and from a Code standpoint.
Mayor Levine added that they want to give incentives for developers to reduce the intensity of their
projects, and therefore, reduce the need for parking and have fewer cars on the road.
Mr. Mooney added that people who have larger garages that were built in the 90s, when parking was
more critical, have the ability to repurpose those areas, because they just do not need the same
parking storage they once needed.
Vice-Mayor Malakoff asked Mr. Mooney specifically how much money they are talking about, since
Commissioner Rosen Gonzalez talks about millions of dollars, and she understood they are removing
only a few spaces.
Mr. Mooney does not know how many spaces the Shore Club is proposing to remove, since a Building
Permit has not been submitted. The Code in place would require that any spaces that would be
removed, not be subject to the impact fee, must be surplus spaces, and there must be a significant
reduction of density.
Commissioner Rosen Gonzalez stated that there is no way to calculate the potential loss of parking
impact fees across Historic Districts when this is done and she thinks the developer should pay.
Former Mayor Bower urged the City Commission not to take away the impact fee and agreed with
Daniel Ciraldo; it is completely wrong. She lives in South Beach and she sees the need for parking
spaces for visitors, residents and employees. They need the impact fee; it is not good for the area or
the residents. She urged the Commissioners to think about the people that live and work in Miami
Beach that are the ones that need help, not the developers.
Former Mayor Neisen Kasdin, representing the Shore Club, clarified that this could only take place
when there is reduction in intensity or reduction of density of development. This says that if you take an
existing building and reduce its intensity such that it reduces its parking, at that time you can qualify
and not have to pay a parking impact fee. This does not involve new construction. What this does is
that some buildings are being downscaled in terms of intensity, such as the Shore Club, going from 300
units to perhaps 85 hotel units and 60 or so apartments; other properties go from 20 to 8 apartment
units, so only if you are de-intensifying the use of the property, could you qualify for this. If you are
against less density, you are against de-intensifying the use of properties, and then you should not be
for this Ordinance.
Frank Del Vecchio added that the logic is acceptable, but the measure has to be measured in square
footage.
Commissioner Steinberg maintained her opposition, as this is a blanket Ordinance, and she thinks it
should be handled case-by-case.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 45 of 106
Commissioner Alemán added that this was approved unanimously 5-0 by the Planning Board, and it is
only for buildings located within the Architectural District, contributing buildings within a Local Historic
District, or individually designated historic buildings. If historic buildings under these conditions de-
intensify their use and no longer need the parking that they paid for in the first place, they will not go
after them a second time. Her concern with case-by-case is that it is hard to establish transparency.
She is in favor of the Ordinance.
Commissioner Rosen Gonzalez does not agree with the case-by-case, because it is spot zoning;
however, this property has a hotel, a large restaurant and a large nightclub, and more importantly,
these prices are from $2,000 to $3,000 per square foot. She is happy to have Mayor Bower advocate
for the people that cannot afford the parking fees. She opposes the item.
Neisen Kasdin clarified that there may be a handful of properties that are in this category; beyond that,
this is another mistaken statement of fact. The larger units and the units being created now in the City,
most of them are not year round occupied; the fact is that the larger the unit, the less often is occupied;
it is mostly a second home for people. What created the additional traffic and parking issues on South
Beach was taking historic buildings that were abandoned, vacant or minimally used, and converting
them into hotels or restaurants, where they did not have to have parking requirements; and that created
the shortage of parking for residents, visitors and workers. Now they have the ability to create an
incentive to de-intensify, reduce the intensity and density of those properties and reverse the effect that
created that problem with traffic and parking in South Beach.
Mayor Levine added that he hears that most people are using Uber and Lyft rather than buying cars,
and thinks they should encourage people to reduce their density in all their projects as much as they
can, and this is a positive movement. They need to keep up with the times of car technology as well.
Discussion continued.
Commissioner Steinberg commented that a blanket Ordinance, in her opinion, is less transparent,
because once it is codified, it goes to staff, and the Commission does not see it; by having a process by
which it comes in front of a board, it is more transparent, as the applicant will come in front of the board
and then disclose what their project is and why they want to reduce the parking impact fee, and the
reasons for reducing the intensity.
Mayor Levine explained that the key, from what he understood, is that the City has funding in the
parking funds for these garages.
Thomas Money, Planning Department Director, explained that they can use money for parking facilities
from the parking impact fees, but it has to come from the different districts, North Beach, Mid Beach
and/or South Beach.
Handouts and Reference Materials:
1. Ad 1245 published in The Miami Herald
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 46 of 106
11:26:39 a.m.
R5 E 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 III, ENTITLED "USE OF PUBLIC PROPERTY," BY
AMENDING DIVISION 2, ENTITLED "REVOCABLE PERMIT;" BY CREATING SECTION 82-96
THEREOF TO BE ENTITLED "COMMERCIAL OUTDOOR FEE BASED ACTIVITY PERMIT, BY
ESTABLISHING SUBSECTIONS THAT ARE ENTITLED "COMMERCIAL OUTDOOR FEE BASED
ACTIVITY," "PERMIT APPLICATION; SUBMITTAL AND QUALIFICATIONS," "CRITERIA FOR
APPLICATION REVIEW; APPROVAL OR DENIAL," "PERMIT APPLICATION; ISSUANCE," "PERMIT;
REQUIRED," "GENERAL PROVISIONS," "PERMIT FEES AND OTHER CHARGES,"
"SUSPENSION/REVOCATION; PERMITTEE CANCELATION," "PENALTIES AND ENFORCEMENT;"
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
10:20 a.m. Second Reading Public Hearing Parks and Recreation
First Reading on November 9, 2016 - R5 N Commissioner Michael Grieco
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2016-4064
adopted. Motion made by Vice-Mayor Malakoff; seconded by Commissioner Grieco. Ballot vote: 7-0.
John Rebar to handle.
John Rebar, Parks and Recreation Director, introduced the item. They embrace activities in the parks
for yoga and fit club uses, but they need to direct them in the right area, so that they are not damaging
the park, or interfering with other people’s use of the parks, but most importantly background check
them to ensure that they have the right insurance and are qualified to engage in these activities. It is
not a prohibition, but this serves as a mechanism to legitimize that.
Handouts and Reference Materials:
1. Ad 1245 LH published in The Miami Herald
11:29:08 a.m.
R5 F AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING APPENDIX A, ENTITLED "FEE SCHEDULE," TO 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 THE FEES AND HOURS REGARDING PERMITS FOR
BLOCKING OF RIGHT-OF-WAY FOR MAJOR THOROUGHFARES; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
10:25 a.m. Second Reading Public Hearing Transportation
First Reading on November 9, 2016 - R5 O Commissioner John Elizabeth Alemán
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2016-4065
adopted. Motion made by Commissioner Alemán; seconded by Commissioner Grieco. Ballot vote: 6-1;
Opposed: Commissioner Rosen Gonzalez. Jose Gonzalez to handle.
Jose Gonzalez, Transportation Director, stated that the proposed Ordinance accomplishes two things;
it increases the morning and afternoon rush hour periods during which lane closures cannot occur on
major thoroughfares, and it increases the permit fees for lane closures on major thoroughfares during
the daytime, non-rush hour periods.
Commissioner Alemán stated that this new model will encourage the vendors to organize their activities
and minimize impact to traffic.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 47 of 106
Frank Del Vecchio asked if these fees go into a fund, the same way as the traffic impact fees go to
build garages or trolleys, or other improvements in the three neighborhoods that facilitate the
movement of the cars.
Jimmy L. Morales, City Manager, informed that these funds go into the General Fund.
Jose Gonzalez, Transportation Director, explained that only unrestricted payments go towards a
dedicated transportation fund.
Commissioner Rosen Gonzalez added that the City has problems with people bidding on projects
across the City, as it is cumbersome to work due to the lack of parking. She suggested fining
contractors, since good people will not want to work here, and they will pay up to 40% more in
construction costs across the City. This is not a good way to do business if they want people to bid on
their projects.
Vice-Mayor Malakoff clarified that these are not fines, but fee schedules. They want to discourage them
from working during commuting hours, or when main streets are congested with construction vehicles
parked. If they do the work at night, they get the same fee schedule as it is today; the public does not
want the work done in the middle of day.
Jose Gonzalez, Transportation Director, stated that construction workers can work between 10:00 a.m.
and 3:30 p.m. at higher fees, and cannot close lanes from 7:00 a.m. to 10:00 a.m. and from 3:30 p.m.
to 7:00 p.m. Nocturnal fees remain the same.
Discussion held.
Mayor Levine added that getting good contractors is not necessarily going to be inhibited by their policy
to maintain a proper quality of life for residents and visitors; he thinks that there are other issues that
are more important, such as expediency of contracts. He thinks this is an important item to move
forward.
City Manager Morales clarified that this is only for private contracts that they have less control over. It
does not apply to public contracts.
Discussion continued.
Commissioner Grieco applauded Commissioner Alemán; he thinks this is phenomenal policy,
consistent with what they have been doing for the past few years, by getting lanes cleared when they
need them the most, and if contractors want to do the work during the day, they have to pay the
increased fees; it is an incentive for the work to be done at night when there is less traffic.
Commissioner Rosen Gonzalez stated that they will be passing the cost to residents, in terms of
construction costs over time, and she believes the City will get fewer bids on projects, and it is difficult
enough to work in the City.
Commissioner Steinberg clarified that this is not for all projects; it only applies to private contracts and
public contracts have nothing to do with this item.
Handouts and Reference Materials:
1. Ad 1245 LH published in The Miami Herald
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 48 of 106
11:04:16 a.m.
R5 G 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.
10:30 a.m. Second Reading Public Hearing Office of the City Clerk
First Reading on October 19, 2016 - R5 AA Commissioner Michael Grieco
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2016-4066
adopted as amended. Motion made by Commissioner Steinberg; seconded by Commissioner Grieco.
Ballot vote: 7-0. Office of the City Clerk to handle.
AMENDMENT :
First Electronic Filing to be implemented by February 1, 2017.
Rafael E. Granado, City Clerk, stated that the program will be up and running as soon as the City
Commission approves it. The amendment was to mandate the first electronic filing for February 2017.
Handouts and Reference Materials:
1. Ad 1245 LH published in The Miami Herald
9:43:58 a.m.
R5 H SUNSET HARBOUR CD-2 ZONING:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS", DIVISION 5, "CD-2, COMMERCIAL, MEDIUM-INTENSITY DISTRICT," SECTION
142-306, "DEVELOPMENT REGULATIONS," BY AMENDING THE SETBACKS AND MAXIMUM
PERMITTED HEIGHT AND NUMBER OF STORIES FOR MIXED-USE DEVELOPMENT IN THE
SUNSET HARBOUR AREA; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY, AND
AN EFFECTIVE DATE.
First Reading Planning
Private Application
ACTION: Title of the Ordinance read into the record. Item opened and continued to the January 11,
2017 Commission Meeting. Motion made by Commissioner Arriola; seconded by Commissioner
Steinberg to open and continue the item to January 11, 2017 to allow applicant to provide massing
studies for staff to review. Ballot vote: 4-1; Opposed: Commissioner Rosen Gonzalez. Absent:
Commissioner Alemán; Abstained: Mayor Levine. Lilia Cardillo to place on the Commission Agenda, if
received. Thomas Mooney to handle.
Mayor Levine recused himself.
Thomas Mooney, Planning Department Director, explained that this is a private application, and the
applicant would like to request that the matter be continued to the January 11, 2017 City Commission
meeting, as opposed to February.
Commissioner Grieco inquired as to the reason for the request.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 49 of 106
Bradley Comer, applicant, explained that they are finishing the settlement agreement with Beach
Towing and the Lofts in South Beach, which is an issue in this Ordinance, and secondly, staff is
recommending opening and continuing the item for additional work on the massing studies. They have
provided Tom Mooney with some massing study related to the Ordinance and will be providing him
additional ones; therefore, the reason to postpone it to January.
Discussion held.
Commissioner Rosen Gonzalez receives a deluge of emails regarding this height increase in Sunset
Harbour, and now they will have to endure this another 60 days, when they know that so many people
do not want this height increase. She will vote “no” on the January continuance, and stated she would
rather see the height increase go away completely.
Commissioner Grieco stated he also receives a great deal of emails, but he stated that by masking the
email addresses it prevents him an opportunity to respond to the email addresses, whether it be about
this or other issues, although he would like to be able to respond.
Discussion held regarding responding emails.
Daniel Ciraldo thinks that there is a glitch in the form, and now the emails are not going through, so he
has to talk to the people that do the website.
Handouts and Reference Materials:
1. Form 8B # 130 signed by Mayor Philip Levine.
9:49:20 a.m.
R5 I 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 IV, "USES IN PUBLIC RIGHTS-OF-WAY," BY
AMENDING DIVISION 5, "SIDEWALK CAFES," BY AMENDING SUBDIVISION II, "PERMIT," BY
AMENDING SECTION 82-385, ENTITLED "MINIMUM STANDARDS, CRITERIA, AND CONDITIONS
FOR OPERATION OF SIDEWALK CAFES" TO AMEND SIDEWALK CAFE STANDARDS AND
CONDITIONS OF OPERATION FOR BUSINESSES LOCATED ON OCEAN DRIVE BETWEEN 5TH
STREET AND 15TH STREET; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY,
AND AN EFFECTIVE DATE.
First Reading
Planning
Commissioner Ricky Arriola
ACTION: Title of the Ordinance read into the record. Ordinance adopted on first reading. Motion
made by Commissioner Grieco; seconded by Commissioner Arriola to adopt the Ordinance. Ballot vote:
6-0; Absent: Commissioner Alemán. Second Reading Public Hearing scheduled for January 11, 2017 .
Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas
Mooney to handle.
Thomas Mooney, Planning Department Director, explained that this Ordinance is an amendment to
Chapter 82 regarding public properties and specifically addresses some of the elements of the 10-Point
Plan adopted by the City Commission in September. These modifications are to the sidewalk café
Ordinance, and it would create standards for umbrellas, and create standards for the ability to zip
umbrellas together and other design elements associated with that, including allowing rain gutters and
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 50 of 106
transparent drapes in the event of rain or wind events. The Administration is recommending approval at
first reading, with a second reading, public hearing for January 11, 2017.
Commissioner Grieco agrees with this item, it is well thought out, and the only issue he has, which is
related to this, is the concept of removing the trees midblock, that are not obstructing the five foot right
of way; he would ask that they rethink that, since having no trees except for in between the buildings is
something to study again. When he supported this proposal, he thought the removal of the trees was
simply an ADA issue, but they are removing trees from the west side beyond the ADA issue.
Discussion held.
Commissioner Arriola agrees with his colleague; when this was first recommended a great deal of
businesses on Ocean Drive complained that trees obstruct the walkway; he added that exceptions can
be made, as in the case of the Netherlands Hotel, which is a good exemption for the reasons discussed
during Sutnick, but with respect to the 10-Point Plan, it is a comprehensive plan, and they do not want
to “kill it” with lots of exceptions. Where it makes sense to keep a tree is fine, but the trees do obstruct
the pedestrian right-of-way and need to be removed.
Jimmy L. Morales, City Manager, stated that the Historic Preservation Board (HPB) also made its
recommendation to remove trees that block the views of the building.
Commissioner Grieco suggested doing the tree relocations for now for those trees that are required to
be removed for ADA obstructing the walkway, based upon the reconfigurations of the cafés, until they
see the final product; and leave the trees in place, as long as they are not causing an obstruction, so he
suggested pausing on the tree removals.
Commissioner Rosen Gonzalez added that she agrees, as long as everything looks uniform. She
suggested keeping shade trees and repaving the entire thing, and have the unsightly square in
between.
Commissioner Arriola wants there to be some closure to this, and stated that if they want to pause, he
would like to have a definite answer by the next Commission Meeting to assess the costs of equipment
used. Susanne M. Torriente to handle.
Susanne M. Torriente, Assistant City Manager, informed that they have a contractor and staff working;
there are 10 trees that are left to be moved; if they demobilize, they would have to come back after the
holidays to do the work.
Discussion held.
Commissioner Arriola suggested relocating eight trees and leaving the two controversial trees there.
Discussion continued.
Susanne M. Torriente, Assistant City Manager, stated that the direction from this body is to continue on
the trees in between, and leave two there. This will be done this week.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 51 of 106
1:28:40 p.m.
R5 J AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"ENVIRONMENT," BY AMENDING THE TITLE OF ARTICLE VI ENTITLED "EXPANDED
POLYSTYRENE SALE AND USE RESTRICTIONS," TO ADD THE WORDS "FOR FOOD SERVICE
ARTICLES," AND CREATING ARTICLE VII, TO BE ENTITLED "EXPANDED POLYSTYRENE
RESTRICTIONS FOR FLOATING DOCKS, FLOATING PLATFORMS, AND BUOYS," TO PROVIDE
REGULATIONS THEREFORE, AND TO PROVIDE FOR ENFORCEMENT AND PENALTIES;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
First Reading Environment and Sustainability
Commissioner John Elizabeth Alemán
ACTION: Title of the Ordinance read into the record. Ordinance adopted on first reading. Motion
made by Commissioner Alemán; seconded by Vice-Mayor Malakoff to adopt the Ordinance. Ballot vote:
7-0. Second Reading Public Hearing scheduled to January 11, 2017. Rafael E. Granado to notice. Lilia
Cardillo to place on the Commission Agenda, if received. Elizabeth Wheaton to handle.
DIRECTION:
Look at higher fines between first and second reading
Commissioner Alemán stated that this recommendation came out of the Sustainability Committee to
keep waterways and the environment clean and free of Styrofoam. She hopes they would consider it,
and asked her colleagues, if there is support for the Ordinance, to consider whether the fines are at a
good starting point. Her only concern is that the fines are too low, due to the low cost to replace the
polystyrene docks.
Discussion held.
Raul J. Aguila, City Attorney, explained that what Commissioner Alemán has done, is consistent with
what Commissioner Grieco had previously done, which is to make this go into effect March 1, 2017;
then there is a warning period to give individuals time to comply, and then Code Compliance will
actually begin to enforce the provisions of the article with fines on March 2, 2018.
5:03:07 p.m.
R5 K 17TH STREET SOUTH 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," AT DIVISION 6, "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT,"
SECTION 142-332, "MAIN PERMITTED USES"; TO AMEND THE OPERATION, LOCATION, AND
USE RESTRICTIONS FOR ENTERTAINMENT, DANCE HALL AND ALCOHOLIC BEVERAGE
ESTABLISHMENTS LOCATED SOUTH OF 17TH STREET, BETWEEN LENOX AVENUE AND
MERIDIAN AVENUE, AND PROPERTIES WITH A LOT LINE ADJOINING LINCOLN ROAD, FROM
COLLINS AVENUE TO ALTON ROAD; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
5:01 p.m. First Reading Public Hearing Planning
Vice-Mayor Joy Malakoff
ACTION: Title of the Ordinance read into the record. Ordinance adopted on first reading. Motion
made by Commissioner Steinberg; seconded by Commissioner Grieco to adopt the Ordinance. Ballot
vote: 6-0; Absent: Mayor Levine. Second Reading Public Hearing scheduled to January 11, 2017.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 52 of 106
Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas
Mooney to handle.
MOTION TO ACCEPT LAND USE & DEVELOPMENT COMMITTEE’S RECOMMENDATION:
Pursuant to Section 2-13 of the Code, a motion was made accepting the Land Use and Development
Committee’s recommendation of this Ordinance by Commissioner Grieco, seconded by Commissioner
Steinberg; Voice vote: 6-0; Absent: Mayor Levine.
Nick Kallergis, Assistant City Attorney, explained that this is an amendment to the regulations for the
CD-3 Zoning District for properties located south of 17th Street, between Lenox and Meridian Avenues,
and properties with lot line adjoining Lincoln Road from Collins to Alton Road. What it would require is
that dance halls be associated with restaurants that serve full meals, and those dance halls and
entertainment establishments be required to install double door vestibules.
Handouts and Reference Materials:
1. Ad 1245 LH published in The Miami Herald
2. Ad 1247 published in The Miami Herald
3. Email from Nick Kallergis dated December 13, 2016 RE: Mayor Levine’s Conflict form No. 135.
1:44:17 p.m.
ADDENDUM MATERIAL 2:
R5 L TC NORTH BEACH TOWN CENTER DISTRICTS:
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 142, "ZONING DISTRICTS AND REGULATIONS"
ARTICLE II "DISTRICT REGULATIONS", DIVISION 20 "TC NORTH BEACH TOWN CENTER
DISTRICTS", TO REPEAL ORDINANCE 2016-4028, IN ORDER TO DECREASE THE ALLOWABLE
HEIGHT FOR BUILDINGS IN THE TC-1 TOWN CENTER CORE DISTRICT TO 75 FEET AND TO
MODIFY SETBACK REQUIREMENTS; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
First Reading
Planning/Office of the City Attorney
Commissioner Kristen Rosen Gonzalez
ACTION: Title of the Ordinance read into the record. R5 L replaced Item C4 S. Motion made by
Commissioner Rosen Gonzalez; seconded by Commissioner Arriola. Ballot vote: 2-5; Opposed: Mayor
Levine, Vice-Mayor Malakoff, Commissioners Alemán, Arriola and Grieco. Motion failed.
DIRECTION:
Discuss at the January 25, 2017 Commission Workshop on Affordable/Workforce/Senior Housing at
the Town Center, to address affordable housing within the Zoning District. Jeff Oris and Maria Ruiz to
handle.
Commissioner Rosen Gonzalez stated that this Ordinance is to repeal the height increase granted for
North Beach, which was part of the Master Plan and part of the compromise for the Historic Districts.
The reason she brought this back, is that she would like the right to revote on the height increase. She
added that because of this height increase, the area is getting 179 hotels that would not be built
otherwise, and great deals of people were angry about it. The reason she voted for the height increase,
is that they had an agreement. She believes that a fraud took place, since there was a
misrepresentation to her about where they were going; and she approved the height increase and
changed her position based on a promise that everyone made, which promised concluded with the
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 53 of 106
statement “so help me God.” She voted for this height increase, because her colleagues told her that if
she voted on the height increase, they would approve the Historic Districts as drawn by Dover Kohl,
and that was not what they did; they only approved 90% of the Historic Districts, and it was not a full
promise. She feels like a fraud took place, and feels like she was a victim of this fraud. She would like
the ability to vote no on the height increase now, because this City Commission went back on their
promise to her, and now she wants the ability to repeal her yes vote on this, as it is important to her.
Her word means a great deal, she expects promises to be fulfilled.
Commissioner Arriola seconded her motion in order for her to change her vote.
Commissioner Rosen Gonzalez made a motion to repeal the height increase.
Commissioner Grieco clarified that he was not at the dais at the time and he did not participate in that
“promise.”
There was a motion and a second.
Commissioner Rosen Gonzalez added that this is not vote barter, but a collective compromise of
goodwill regarding the Master Plan, and the fact that the Steering Committee and the City Commission
approved it. They are not pointing fingers, but she wants to be able to vote no.
Commissioner Steinberg would second the motion just for her colleague to have the opportunity, but
she will support the increase, because even though she did support the full local Historic Districts that
were proposed by the Master Planner, she has spoken in the last week to many people from the North
Beach community, including from the preservation community, who told her it was fine to move forward,
that they wanted to see the plan take shape, and for those reasons she would support it.
Commissioner Grieco asked how this works procedurally. If they repeal this, it would take two readings
to repeal it, and subsequently, they would have to pass it again, and that would delay the process, at
least for the next four meetings.
Raul J. Aguila, City Attorney, stated this was done properly as a motion to repeal the former Ordinance,
so if this body does not want to repeal the Ordinance, you would vote against it.
Discussion held.
Commissioner Alemán reminded everyone that last week, when they voted on North Beach, historic
preservation had a tremendous victory, with 90% of what was outlined approved; resiliency also had a
big win, and a compromise could easily be interpreted as a win-win or a lose-lose; last week it was a
win-win, and she fulfilled her obligation to support historic local districts, despite the fact sea level rise
concerns are deep and there are many unanswered questions about the designation, and it was a great
compromise that heavily favored historic preservation. She urged her fellow Commissioners and the
community advocates and the community at-large to recognize that all or nothing tactics do not yield
the best result for the City; furthermore, they all know that this height increase is a critical component of
rebuilding the Town Center, but this City Commission will need an FAR increase to be able to deliver
that promise, and probably some other zoning changes, so for a vital Town Center to fulfill the
commitment of the Master Plan, this City Commission needs to continue to show unwavering and
dedicated support for rebuilding the Town Center.
Commissioner Grieco explained that voting yes on this, and then voting yes on second reading, will
repeal this law. They need to undo in two readings, a law that is in the books, and spend two readings,
simply for a ceremonial change of vote, and then they have to pass the law again, which is an
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 54 of 106
amendment to the LDR, which literally opens up a complete can of warms for litigating and lobbying the
issue. He is being pragmatic. He respects his colleague, but cannot support this as a pragmatic issue of
reopening and litigating and amendments to the LDR, because it would be going on for months and he
is very concerned about it.
Discussion continued.
Commissioner Rosen Gonzalez stated that if her colleagues did not want to ratify 100% of the Historic
Districts, as presented by Dover Kohl, they should not have ratified the Master Plan. Furthermore, this
Commission has to move forward, this plan will require some sort of increase in FAR, and if goodwill
and broken promises continue, this will never happen. The reason she would like to vote no on this is to
show some sort of goodwill to the community.
Mayor Levine stated that when he ran for Mayor the first time, North Beach had no plans and no
historic preservation, and really had nothing going on, and everyone was complaining and asking for a
Master Plan and revitalize North Beach. They have done it. From an area that had no Historic District,
they created an area that has significant historic areas of designation. He thinks they have done
unbelievable and what everyone in staff and the Commission has been monumental; he does not want
people to lose sight of where they are. In life, sometimes, you cannot get everything you want. He
appreciates her passion, and he wished there was no sea level rise.
Jimmy L. Morales, City Manager, asked for a compromise; he asked Commissioner Rosen Gonzalez if
she voted yes on this Ordinance, but it fails on first reading, would she feel that she kept her promise.
Discussion continued.
Vote taken. Motion failed.
Commissioner Steinberg suggested referring a separate item in general to discuss at Land Use &
Development Committee about inclusionary zoning and its definition.
Eve Boutsis, Chief Deputy City Attorney, explained that Commissioner Steinberg wants to look at the
entire Town Center to address affordable housing within the Zoning District, as well as other issues.
There was consensus to address the inclusionary zoning issues at the January 25, 2017 Commission
Workshop on Affordable/Workforce/Senior Housing.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 55 of 106
1:59:40 p.m.
ADDENDUM MATERIAL 2
R5 M 6/7TH VOTING REQUIREMENT TO INCREASE BUILDING HEIGHT:
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 6/7TH VOTE OF THE
CITY COMMISSION TO INCREASE THE MAXIMUM ZONED BUILDING HEIGHT BY MORE THAN
TEN (10) FEET IN ANY ZONING DISTRICT (EXCLUDING THE CCC CIVIC AND CONVENTION
CENTER DISTRICT AND GU GOVERNMENT USE DISTRICT), EXCEPT FOR HEIGHT
REGULATION EXCEPTIONS SET FORTH IN CITY CODE SECTION 142-1161, AND EXCEPT FOR
HEIGHT WAIVERS PURSUANT TO CITY CODE SECTION 142-425(D), 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.
First Reading
Planning/Office of the City Attorney
Commissioner Kristen Rosen Gonzalez
ACTION: Title of the Ordinance read into the record. R5 M replaced Item C4 J. Motion made by
Commissioner Rosen Gonzalez; seconded by Commissioner Grieco. Ballot vote: 4-3. Motion fails.
(City Clerk’s Note : This item required a 5/7 vote for passage.)
Vice-Mayor Malakoff informed, for the record, that the item was discussed at Land Use & Development
Committee previously, and there was a negative vote from Land Use & Development Committee that
has not been included.
Mayor Levine asked if what Commissioner Rosen Gonzalez is saying is that in order to approve any
height increase, she wants to have a supermajority vote of 6/7 of the City Commission.
Discussion held.
Commissioner Rosen Gonzalez explained that there is a movement to legislate via referendum on
these height increase issues, and the City Commission has seen what happens when the public gets
involved. Rather than having this happen by a referendum later, she would like to show goodwill to the
community, which she thinks they need to do now, by creating something that they can repeal later,
which is a 6/7 requirement for height increases. For any height increase over ten feet, it is a good idea
to have a supermajority vote. They saw in this past election that the two referendums that they put on
the ballot failed. She suggested showing the public that they care and that they care about height
increases, and if it is not such a big deal, then they can have a 6/7 vote. It is not too much power in the
hands of one Commissioner. As an added protection and a show of goodwill, she would like this to be a
6/7 vote.
Mayor Levine stated that Planning did a pretty significant presentation that could not have been clearer;
they all watched it, and there does not seem to be a height issue in the City. What they see is that
some people are putting out information that is not factual – and some people believe these false
statements. The Planning Department staff did the conclusive and objective study that showed that
there is not a height issue in the City. There may be a traffic issue, but not a height issue, but if this
body wants to take power away from themselves, and feel a 5/7 vote is not enough, and want to vote
for 6/7 vote, then do that, but he does not think it is the right thing to do.
Commissioner Alemán added that in order to avoid going through the legislative history of height
increases, she had distributed documentation at the dais, not once, but twice; and if anyone is still
unclear and believes that there is height out of control in the City, she urged them to email her office at
JohnAleman@miamibeachfl.gov, and she will share the legislative history with them, and this will
After Action December 14, 2016 Commission Meeting City of Miami Beach
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convince them that there is no height gone crazy. There is a great deal of construction, but that is
because they have tremendous necessary municipal infrastructure projects around, as well as a great
deal of private development. She pointed out that South Miami is currently in the works repealing this
kind of legislation.
Discussion held.
Nancy Liebman stated that a great deal of people are upset over the issue. Her opinion is that a little
height is not going to hurt the City, as long as it does not encumber the Historic Districts, that are a
much more sensitive place where height is being asked for; but height is an issue that has to be dealt
with, and Miami Beach United (MBU) will bring a forum to see where the consensus is.
Commissioner Grieco stated this was a product of a compromise over the summer and he pledged to
support this. There are a great deal of other people that feel that maybe heights are out of control, as
they see what happens in surrounding municipalities, but he actually is in support of this.
Vice-Mayor Malakoff believes the 6/7 vote is dangerous, it puts too much power in one person’s hand;
and as far as heights is concerned, they have to be careful in Historic or near Historic Districts. In
general, most of the ugliest buildings in the City are not necessarily tall ones, but are wide with no
articulations or openings, they are not tall, and the City should micro down this path. If some
development needs to take place in the future, that development should take place with the height
controlled by zoning and the FAR.
Mayor Levine stated, for the record, that a poll revealed that 78% of the public was in favor of Baylink.
Commissioner Rosen Gonzalez stated the reason height is important, is that it is unattractive to many
developers to create a project, given their current height. They have a height increase today for Sunset
Harbour and the item keeps coming back. At the height he has, he cannot build a viable project. In
many areas of South Beach, they want to maintain current low-density projects, and this is one way to
discourage those larger developments from being built and encouraging historic preservation. She is in
support of having some type of connection to the City of Miami, but was not in support for a loop going
around Miami Beach that did not connect to anything. This is an opportunity to show goodwill and
encourage historic preservation. Otherwise, it will happen the same way it happened with Ocean
Terrace and continue with the path to failure or take steps to win occasionally.
Handouts and Reference Materials:
1. McLaughlin & Associates survey, showing overwhelming support for the creation of a light-rail connection
between Miami Beach and the City of Miami, addressed to Mayor Philip Levine, from John McLaughlin,
McLaughlin & Associates, RE: Miami Beach, FL – Light Rail Survey – Executive Memo, dated December
13, 2016.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 57 of 106
R7 – Resolutions
1:30:00 p.m.
R7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, FOLLOWING A DULY ADVERTISED PUBLIC HEARING, AND WAIVING, BY 5/7TH VOTE,
THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST
INTEREST OF THE CITY; AND APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A NEW LEASE AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS
RESOLUTION AS EXHIBIT "A", BETWEEN THE CITY AND DAMIAN J. GALLO & ASSOCIATES, INC.
(TENANT), FOR THE USE OF APPROXIMATELY 535 SQUARE FEET OF CITY-OWNED PROPERTY
(PREMISES), LOCATED ON THE FIRST FLOOR AT 1701 MERIDIAN AVENUE, UNIT 4 (A/K/A 775
17TH STREET), MIAMI BEACH, FLORIDA, FOR A PERIOD OF FIVE (5) YEARS, COMMENCING
RETROACTIVELY DECEMBER 1, 2016 AND ENDING NOVEMBER 30, 2021, WITH ONE (1)
RENEWAL OPTION FOR THREE (3) YEARS, AT THE CITY MANAGER'S SOLE DISCRETION.
1:30 p.m. Public Hearing Tourism Culture and Economic Development
Mayor Philip Levine
ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution 2016-29676
adopted. Motion made by Commissioner Grieco; seconded by Commissioner Alemán; Voice vote: 7-0.
Vanessa Williams to handle.
Mayor Philip Levine asked why his name was listed as a sponsor to the item.
Kathie G. Brooks, Assistant City Manager, stated his name was listed as a sponsor because the need
to change the lease with Damian J. Gallo & Associates, as well as the lease with Taste Bakery, which
came about when they City started to discuss a meal program or cafeteria for employees. That is the
reason why they had to separate both leases. Taste Bakery came to the City and offered such a
program; therefore, they had to redo the lease as a result with Damian J. Gallo & Associates.
Mark Milisits, Asset Manager, stated this item is regarding a new lease agreement with Damian J. Gallo
& Associates, known as the Permit Doctor. He was formerly operating out of the entire space, the
western 1/3 of the space as the Permit Doctor, the eastern 2/3 of the space as the Stardust Café. The
café shut down earlier this year, right around the time when the City was discussing an employee
cafeteria. This is the item for a new lease for the Permit Doctor to stay and operate in the western
space. That space is 535 square feet. The initial term would be for five years, commencing retroactively
on December 1, 2016; and a one renewal option for three years; the City retains a termination option to
terminate the lease at any time with 180 days written notice. The base rent is consistent with what he is
currently paying, on the per square foot basis for approximately $40 dollars triple net, plus $11.50 per
square foot in operating expenses, and 3% annual increases with the base rent. This item was
discussed at the November 18 Finance & Citywide Project Committee, and they recommended
approving the new lease.
Commissioner Grieco is in favor of item R7 A, it is an existing tenant and the City chose not to renew
the lease because they wanted to do something with the café space, although he has issues with item
R7 C, which is signing a lease with Taste Bakery Café. He does not have an issue with their
businesses, but he is trying to understand the lack of a bid process. He spoke with the City Manager
the day prior to the meeting, and he is not sure if anyone else had a chance to obtain this lease with the
City.
Mark Milisits, Asset Manager, stated they would get to that item, but what happened is Stardust closed
operations earlier this year, the City had various small cafés and other businesses approach them. Mr.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 58 of 106
Milisits recommended to those people seeking information about a lease agreement speak with
Damian J. Gallo & Associates, for possibly sub-leasing the space. Since Mayor Levine sponsored an
item to create or implement an employee cafeteria, and Taste Bakery had already come to the City
when that requirement for an employee cafeteria came about, he spoke to them directly. They have a
great record of accomplishment in Miami Beach; they had two successful cafés in Miami Beach, though
one shut down when they were priced out of Lincoln Road. The City staff considers their menu to have
a variety of healthy foods with great pricing. Their financial package was attractive, primarily because
employees get a 40% discount, and the City caps their exposure because the 40% discount will only
cost the City $200,000.
Mayor Levine suggested putting out an offer for what the City is looking for, such as the location,
discount, food, etc.
Commissioner Steinberg separated the renewals; she wanted to come up with building renewals in
contracts so that they are not waiving a bid, but a straight transaction. She suggested referring the
items separately, so they do not have to do it in the future. As with all good tenants, they pay market
value and provide needed services. It is hard to find good tenants sometimes; therefore, she is in
agreement of renewing the lease.
Mr. Milisits stated that technically the original lease with the Permit Doctor contains a couple of renewal
options that are only subject to the City Manager’s approval. In this case, since they are separating the
entire space into two areas, 1/3 and 2/3, the 1/3 that is remaining is going to be a new lease.
Mayor Levine stated they should just do R7 A by itself.
City Clerk Rafael Granado clarified that the item is a public hearing.
Motion made by Commissioner Grieco; seconded by Commissioner Alemán.
Handouts or Reference Materials:
1. Ad 1248 published in The Miami Herald.
1:38:17 p.m.
SUPPLEMENTAL MATERIAL 3: RESOLUTION & DRAFT AGREEMENT
R7 B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, FOLLOWING A DULY ADVERTISED PUBLIC HEARING, AND WAIVING, BY 5/7TH VOTE,
THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST
INTEREST OF THE CITY; AND APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A NEW LEASE AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS
RESOLUTION AS EXHIBIT “A”, BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI BEACH
REDEVELOPMENT AGENCY (COLLECTIVELY, LANDLORD) AND COMCAST OF COLORADO /
FLORIDA / MICHIGAN / NEW MEXICO / PENNSYLVANIA / WASHINGTON, LLC (TENANT), FOR
THE USE OF APPROXIMATELY 375 SQUARE FEET OF CITY-OW NED PROPERTY (PREMISES),
LOCATED ON THE FIRST FLOOR AT 1661 PENNSYLVANIA AVENUE (PENN GARAGE), MIAMI
BEACH, FLORIDA, FOR A PERIOD OF NINE (9) YEARS AND THREE HUNDRED SIXTY FOUR (364)
DAYS, RETROACTIVELY COMMENCING DECEMBER 1, 2016 AND ENDING NOVEMBER 30, 2026.
1:35 p.m. Public Hearing Tourism, Culture and Economic Development
ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution 2016-29677
adopted. Motion made by Commissioner Arriola; seconded by Vice-Mayor Malakoff; Voice vote: 7-0.
Vanessa Williams to handle.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 59 of 106
Vice Mayor Malakoff opened the public hearing.
Mark Milisits, Asset Manager, stated that this is regarding a new lease with Comcast consisting of 375
square feet located on the first floor at 1661 Pennsylvania Avenue Garage, which is where Oolight was
located. Penn Garage contains approximately 7,600 square feet of ground floor retail space and 560
municipal parking spaces. Oolight vacated the space last year, and is currently vacant. While the
Convention Center is being renovated, the City has agreed to provide temporary office spaces to the
Miami Beach Chamber of Commerce, and that will go in front of the Commission in January for
approval. In an effort to provide Miami Beach residents additional telephone and internet services, the
City is working with Comcast to implement a new Citywide fiber and infrastructure build out. Comcast
requires a hub location for the infrastructure build out; the City and Comcast identified the Penn Garage
as a suitable location due to the proximity to the Venetian Causeway corridor. This is not the retail
space; it is 225 square feet in the garage portion of the building. It is $18,000 a year, which is based on
the square footage. The actual hub location is $80 per square feet, it is a 9-year, 364-day lease,
commencing retroactively on December 1. Comcast will accept the premises as its current condition,
and they will invest a great deal of money into it.
Vice Mayor Malakoff asked if anyone wanted to speak and then closed the public hearing.
Motion made by Commissioner Arriola; seconded by Vice Mayor Malakoff.
Handouts or Reference Materials:
1. Ad 1248 published in The Miami Herald.
1:40:59 p.m.
R7 C A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, FOLLOWING A DULY ADVERTISED PUBLIC HEARING, AND WAIVING, BY 5/7TH VOTE,
THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST
INTEREST OF THE CITY; AND APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE: 1)A NEW LEASE AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED TO
THIS RESOLUTION AS EXHIBIT "A", BETWEEN THE CITY AND TASTE BAKERY CAFE, LLC
(TENANT), FOR THE USE OF APPROXIMATELY 734 SQUARE FEET OF CITY-OWNED PROPERTY
(PREMISES), LOCATED AT 1701 MERIDIAN AVENUE, UNIT 4 (A/K/A 773 17TH STREET), MIAMI
BEACH, FLORIDA, FOR A PERIOD OF THREE (3) YEARS, COMMENCING JANUARY 1, 2017 AND
ENDING DECEMBER 31, 2019, WITH TWO (2) RENEWAL OPTIONS FOR ONE (1) YEAR EACH, AT
THE CITY MANAGER'S SOLE DISCRETION; AND 2) A REVOCABLE CONCESSION AGREEMENT,
SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION AS EXHIBIT "B", BETWEEN
THE CITY AND TASTE BAKERY CAFÉ, LLC (CONCESSIONAIRE), ALLOWING FOR AN OUTDOOR
SEATING AREA, ADJACENT TO THE PREMISES.
1:40 p.m. Public Hearing Tourism, Culture and Economic Development
Mayor Philip Levine
ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution not adopted.
Direction given to put the item out to bid by acclamation. Vanessa Williams and Alex Denis to
handle.
Jimmy L. Morales, City Manager, stated that he has no problem if the direction is to put the bid out to
the market and see if anyone has a better offer than Taste Bakery.
Commissioner Grieco stated it is best practice to put it out to the market, and it is not because the City
is trying to beat the deal Taste Bakery offered.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 60 of 106
Commissioner Arriola asked what direction they are looking for, are they searching for the best tasting,
best prices, cleanest, etc. He wants to get clarification on it and move on, because they can only
critique who is selected.
Commissioner Alemán asked Kathie G. Brooks, Assistant City Manager, how long she needs, so they
can put a timeline on it.
Kathie G. Brooks, Assistant City Manager, stated 90 days would be good enough to get the request out
and to receive feedback.
Discussion held.
Motion made by acclamation to put the item to bid and bring back later.
Handouts or Reference Materials:
1. Ad 1248 published in The Miami Herald.
R7 D 1. 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. 2016-152-WG FOR REAL ESTATE BROKERAGE
SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH
CBRE, INC.; AND FURTHER, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT, UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION.
Tourism, Culture and Economic Development
Procurement
ACTION: Item deferred to January 11, 2017.
Handouts and Reference Materials:
1. Ad 1248 published in The Miami Herald
1:45:00 p.m.
2. 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. 2016-152-WG FOR REAL ESTATE BROKERAGE
SERVICES; APPROVING, BY 5/7TH VOTE, FOLLOWING A DULY NOTICED PUBLIC HEARING,
KONIVER STERN GROUP'S REQUEST FOR A LIMITED WAIVER OF THE VENDOR CAMPAIGN
CONTRIBUTION REQUIREMENTS OF SECTION 2487 OF THE CITY OF MIAMI BEACH CODE;
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH KONIVER
STERN GROUP; AND FURTHER, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AN AGREEMENT, UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION.
1:45 p.m. Public Hearing Tourism, Culture and Economic Development
Procurement
ACTION: Item deferred to January 11, 2017.
Handouts and Reference Materials:
1. Ad 1248 published in The Miami Herald
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 61 of 106
2:26:00 p.m.
R7 E A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, PURSUANT TO SECTION 82-93), OF THE CITY CODE, APPROVING A REVOCABLE
PERMIT REQUEST BY AMERICAS TRADE CENTER, IN ORDER TO ALLOW THE INSTALLATION
OF A MARQUEE AND BLADE SIGNAGE ON THE LINCOLN ROAD FACADE OF THE FORMER
CARIB THEATER, LOCATED AT 230 LINCOLN ROAD, WHICH CANOPY WOULD BE CONSISTENT
WITH THE HISTORIC DOCUMENTATION FOR THE CONTRIBUTING STRUCTURE, LOCATED
WITHIN THE FLAMINGO PARK LOCAL HISTORIC DISTRICT, AND WHICH CANOPY WOULD
EXTEND APPROXIMATELY 18 FEET OVER THE RIGHT-OF-WAY (SIDEWALK) ON LINCOLN
ROAD, WOULD BE 26 FEET IN LENGTH, WITH A CLEARANCE OF APPROXIMATELY 17 FEET
ABOVE THE SIDEWALK, AND CONSIST OF A TOTAL AREA OF 469.30 SQUARE FEET.
1:50 p.m. Public Hearing Public Works
ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution 2016-29678
adopted. Motion made by Vice-Mayor Malakoff; seconded by Commissioner Grieco; Voice vote: 7-0.
Eric Carpenter to handle.
Jay Fink, Assistant Public Works Director, explained that Americas Trade Center is the owner of the
former Carib Theatre, located at 230 Lincoln Road; they are requesting a revocable permit for the
recreation of the historic canopy on the north façade extending approximately 18 feet over the
sidewalk. Historic Preservation Board (HPB) file number 7362 required the applicant to install the
canopy along the northern portion of the building in order to replicate the original canopy. The applicant
is proposing to reintroduce the original canopy measuring approximately 26 feet long, 18 feet wide, with
a clearance of approximately 17 feet above the sidewalk. Granting a revocable permit will not grant any
special privilege upon the applicant.
Mayor Levine asked if there were any issues to discuss.
Vice Mayor Malakoff opened and closed the public hearing.
Motion made by Vice Mayor Malakoff, seconded by Commissioner Grieco.
Handouts or Reference Materials:
1. Ad 1248 published in The Miami Herald.
2:26:47 p.m.
R7 F 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, GRANTING A WAIVER OF CERTAIN
DEVELOPMENT REGULATIONS, PURSUANT TO SECTION 142-425(D) OF THE CITY'S ZONING
ORDINANCE, FOR THE COLLINS PARK GARAGE, LOCATED ON 23RD STREET BETWEEN PARK
AVENUE AND LIBERTY AVENUE AND COLLINS PARK ARTIST HOUSING, LOCATED ON THE
NORTHEAST CORNER OF 23RD STREET AND LIBERTY AVENUE, WITHIN THE MUSEUM
HISTORIC DISTRICT AND COLLINS PARK NEIGHBORHOOD; SAID WAIVERS REGARDING THE
MAXIMUM BUILDING HEIGHT.
1:55 p.m. Public Hearing Capital Improvement Projects
ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution 2016-29679
adopted. Motion made by Commissioner Alemán; seconded by Commissioner Grieco; Voice vote: 7-0.
David Martinez to handle.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 62 of 106
David Martinez, CIP Director, stated this is the final reading related to the request for a waiver of height
from 50 to 75 feet, for both the Collins Park Garage project as well as the Collins Park Artist Housing
project across the street on Liberty Avenue.
Mayor Levine asked if they had approved the item once but it was changed.
David Martinez, CIP Director, stated that he was correct; they approved the garage project and then
added the artist housing project to it.
Motion made by Commissioner Alemán, seconded by Commissioner Grieco.
Handouts or Reference Materials:
1. Ad 1248 LH published in The Miami Herald.
2:27:32 p.m.
R7 G A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, TO
CONSIDER APPROVAL, FOLLOWING SECOND READING/PUBLIC HEARING OF A
DEVELOPMENT AGREEMENT AS AUTHORIZED UNDER SECTION 118-4 OF THE CITY CODE,
AND SECTIONS 163.3220 - 163.3243, FLORIDA STATUTES, BETWEEN THE CITY AND 1698
ALTON ROAD VENTURES LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND 1681 WEST
VENTURES LLC, A FLORIDA LIMITED LIABILITY COMPANY (COLLECTIVELY THE
"DEVELOPER"), WHICH DEVELOPMENT AGREEMENT: (1) MEMORIALIZES THE CONDITIONS
FOR VACATING THE CITY'S 20 FOOT WIDE PUBLIC RIGHT-OF-WAY, RUNNING PARALLEL TO
ALTON ROAD, BETWEEN ALTON ROAD AND WEST AVENUE, BETWEEN 17TH STREET AND
LINCOLN ROAD ("CITY PARCEL"); (2) GRANTS TO THE CITY A PERPETUAL UTILITY AND
ACCESS EASEMENT ACROSS THE CITY PARCEL; (3) ENSURES THE PAYMENT TERMS FOR
DEVELOPER'S PAYMENT OF A VOLUNTARY MONETARY CONTRIBUTION TO THE CITY, IN THE
AMOUNT OF $665,000 (THE "VOLUNTARY CONTRIBUTION"); AND (4) DELINEATES CERTAIN
CONDITIONS FOR THE CONSTRUCTION OF THE PROJECT, LOCATED AT 1698 ALTON ROAD
AND 1681 & 1683 WEST AVENUE, MIAMI BEACH, FLORIDA (COLLECTIVELY THE "DEVELOPER'S
PARCELS"), AS A MIXED-USE PROJECT WITH RESIDENTIAL AND RETAIL/RESTAURANT USES
AND STRUCTURED PARKING, CONSISTENT WITH THE CD-2 ZONING DISTRICT REGULATIONS.
2:00 p.m. Second Reading Public Hearing Office of the City Attorney
First Reading PH on November 9, 2016 - R7 E
ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution 2016-29680
adopted. Motion made by Vice Mayor Malakoff; seconded by Commissioner Alemán; Voice vote: 7-0.
Office of the City Attorney to handle.
Eve Boutsis, Chief Deputy City Attorney, stated this is the second and final reading in the Development
Agreement related to the vacation for a portion of Alton Court. The item was discussed at the Finance
& Citywide Projects Committee, as far as the amount of funding they should receive in exchange for the
vacation. There are a number of terms in the Development Agreement including the applicable space,
the maintenance of the entire Alton Court between 17 th and Lincoln Road, all of the different light poles,
replacement of the sewer pipes, etc.
Vice Mayor Malakoff asked about the voluntary monetary contribution to the City for $665,000 and
whether that should be used in the area of the West Avenue and Alton, or whether it should go to the
General Fund.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 63 of 106
Raul J. Aguila, City Attorney, stated that there is nothing in the Development Agreement that specifies
how the money is to be dedicated; it is at the City Commission’s discretion. He asked Eve Boutsis what
percent goes to transportation.
Eve Boutsis replied that 20% of all these types of funds would go to transportation projects.
City Manager Morales stated when the Consent Agenda was approved, one of the items was a referral
to the Finance & Citywide Projects Committee to discuss the expenditure of the remaining 80% of the
funds received from this Development Agreement.
Motion made by Vice Mayor Malakoff, seconded by Commissioner Alemán.
Handouts or Reference Materials:
1. Ad 1248 LH published in The Miami Herald.
2. Ad 1240 published in The Miami Herald
9:58:08 a. m.
R7 H A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE AND TRANSPORTATION, PARKING AND BICYCLE- PEDESTRIAN FACILITIES
COMMITTEE TO EXPAND PARKING INVENTORY IN THE BISCAYNE BEACH NEIGHBORHOOD
AND FUND THE DESIGN OF A PARKING GARAGE LOCATED AT 8100 HAWTHORNE AVENUE,
SUBJECT TO A CAPITAL BUDGET AMENDMENT.
Parking
ACTION: Resolution 2016-29681 adopted. Motion by Commissioner Arriola to go forward with all
three options: go forward with the relocation of the fire hydrants, the striping and the building of a
garage that includes retail; seconded by Vice-Mayor Malakoff. Voice vote: 6-0; Absent: Commissioner
Alemán. Saul Frances, David Martinez and Cintya G. Ramos to handle.
TO DO:
Bring back a Capital Budget amendment that identifies funding sources for the fire hydrant relocation
and the design of the garage. Saul Frances, David Martinez and Cintya G. Ramos to handle.
Saul Frances, Parking Department Director, stated that the Capital Improvements Project (CIP)
Department surveyed the Biscayne Beach neighborhood and identified certain areas where the City
could gain 25 parking spaces. That would be accomplished through parking paint and striping. In
addition, there are 30 scooter/motorcycle spaces that were identified throughout the neighborhood, and
the key point is that those scooters/motorcycles that are moved to restricted spaces would open up
additional parking. Therefore, there is a potential to gain 30 parking spaces. The second component is
relocating the fire hydrant, and this is where staff would need some direction. The Fire Department and
CIP also did a survey and identified the relocation of fire hydrants that would accommodate 12 parking
spaces. Those essentially are fire hydrants that would be moved into areas that are currently no
parking zones, so it would open up these other areas. There is a cost to this; for the 12 spaces, CIP is
estimating close to $300,000, or roughly $25,000 per space. The Administration is looking for direction
on that component; whether from a policy perspective, the City wants to pursue, and if so, then funds
must be identified with the assistance of CIP and Budget.
Commissioner Steinberg provided background information, and stated that the area is in desperate
need of parking. It is a dense area. Parking is absolutely limited and it adds to traffic when people are
driving around looking for parking. The City needs to do something. First, whatever the City can do that
is attainable and easily feasible they should focus on and get it done – they need to prioritize those.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 64 of 106
Restriping is a no-brainer; they can do that. Commissioner Steinberg asked how many parking spots
are added if the restriping is done.
Mr. Frances responded that 25 parking spacing are gained through restriping.
Commissioner Steinberg asked what the City’s goals are and how many spots does the City need to
accommodate the area.
Mr. Frances responded that it is a loaded question, because the family nucleus in that neighborhood
has expanded over time, there are currently multiple vehicles per unit. The Parking Department has
heard estimates as high as 200 spaces being needed. However, Mr. Frances does not have a valid
number to give at this time.
Commissioner Steinberg inquired about the bump outs.
Mr. Frances responded that the bump outs would not serve to increase parking spaces. The areas
were the bump outs are located are “no parking zones” to begin with. While the perception may be that
if the City removes the bump outs cars could park, parking in those areas would still be prohibited,
because those are approaches to intersections or safety zones. Therefore, it would not count toward
the number of spaces to be gained.
Commissioner Rosen Gonzalez thought the City was going to build a garage in the area.
Mr. Frances stated that he would address that next.
Commissioner Rosen Gonzalez recommended going forward and giving that neighborhood as many
parking spots as they can. People have to park almost a mile away sometimes to be able to get home
in that neighborhood. It is terrible that it will cost $300,000 to relocate the fire hydrants. Commissioner
Rosen Gonzalez asked Mr. Frances to address the parking garage situation, because that would
influence her decision on whether to spend the $300,000 for the fire hydrant relocation.
Mr. Frances explained that the City owns a parcel at 79 Street and Hawthorne. There is currently a
pump station there. CIP did a review of that, and the City could potentially have a 70 space-parking
garage with four levels. They are estimating an expense of about a $1.8 million; roughly estimating
about $25,000 per space. The City has some potential funding for the garage, and the residents feel
very strongly that they should not pay for the parking, so that eliminates a couple of options that the
City had for funding; whether that is through an assessment of the properties or through the Parking
Enterprise Fund. However, there is an opportunity through the 8701 Collins Avenue Project. They have
a payment schedule of $10.5 million. They made an initial payment of $1 million and they have
scheduled payments through 2019. There is $5.75 million of that allocated towards Open Space Park,
and that project may be estimated to be about $6.7 million, so there is still some additional funding
there.
Mayor Levine explained that this is what the Parking Fund is for.
Mr. Frances explained that the City would have to assess a fee for the use of that. Our parking revenue
bond requires the City to assess a fee, and because the neighborhood and the residents felt that they
did not want to be assessed a fee for parking, those funds may not be available.
Commissioner Steinberg asked how the City would control whether it is a resident or nonresident using
the garage.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 65 of 106
Mr. Frances explained that a couple of methods could be used. For instance, the City could use a
permit system. Within the lot, residents would be authorized and registered for the program and
vehicles would be registered through their license plate.
Commissioner Steinberg inquired as to the timeline, and asked for the timelines if the City were to go
with a garage versus if the City were to do restriping.
Mr. Frances stated that he would have to confirm with CIP, but they will have to hire a contractor and
go through the process to relocate the fire hydrants. As far as the garage, the City has a DCP on board
that could be hired and start the development and design for a garage, which is approximately 10% of
the cost; therefore, approximately $180,000 would be needed to get that piece moving. Mr. Frances
confirmed that the timeline, as far as getting it done, is probably 18 months for both; although the fire
hydrants would likely be sooner than that.
Commissioner Rosen Gonzalez thinks the City should go with the 25 spaces, not for the fire hydrants,
but go forward with the garage. However, when the City goes forward with the garage, she would
advocate for making a height increase there with some retail on the first floor, because that
neighborhood is a desert land and it needs a café or a minimart, because there is nothing anywhere
near there and that would serve the needs of the residents. She does not know what the footprint of the
lot is, but she would love to see that happen in that area and then the City could receive some revenue.
Commissioner Rosen Gonzalez requested to refer the item to the Land Use & Development
Committee.
Commissioner Arriola added that the issue was discussed at length at the Finance & Citywide Projects
Committee. Many of the representatives from the Biscayne Beach neighborhood came and they were
supportive of the garage; and they were supportive of the concept that Commissioner Rosen Gonzalez
just mentioned ground floor retail for the local community, because there is not a local café. The
members of the Finance & Citywide Projects Committee unanimously supported the idea. The striping
is a no-brainer. Commissioner Arriola believes that as far as the relocation of the fire hydrants, the City
should go forward with it, because the $25,000 per relocation is the same as one space in a garage.
Therefore, you are paying less to do this than if building a garage. The area needs more parking;
therefore, Commissioner Arriola wants to get as much parking as possible. He recommended going
forward with all the suggestions.
Vice-Mayor Malakoff inquired how much the residents would pay to park in the proposed garage. Mr.
Frances responded that residents would pay $70 a month to park in the garage.
Mayor Levine requested that a motion be made.
Commissioner Arriola moved to approve all three options; going forward with the relocation of the fire
hydrants, the striping and the building of the garage; seconded by Vice-Mayor Malakoff. Vice-Mayor
Malakoff confirmed that the motion is with the retail component in the garage.
Commissioner Steinberg suggested that with the garage component, the City needs to make sure that
the neighborhood is engaged in the process, so that the City comes up with something that works for
everybody. Commissioner Steinberg agreed to green light and start the garage process, but it will have
to come back to the City Commission and go through the Committee process for further review. The
topics that need further review include the retail versus strictly garage and the funding mechanism, if
they do not want to charge the residents.
Jimmy L. Morales, City Manager, stated that with respect to the fire hydrant relocation, the
Administration would have to bring the item back as a Capital Budget amendment, which means that at
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 66 of 106
the January 11, 2017 Commission Meeting, the date for the public hearing will be set in February. At
that time, the funding sources will be identified and proposed to the City Commission. City Manager
Morales believes that the fire hydrant relocation is a much faster project to do than the garage,
especially if the City Commission is contemplating a height increase, as that requires going to the Land
Use Boards. Also as a Capital Budget amendment, the Administration could identify the funding for the
design piece of the garage and bring that as part of the Capital Budget amendment.
11:38:20 a.m.
R7 I 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 A
CHANGE ORDER TO THE AGREEMENT WITH DAVID MANCINI & SONS, INC., DATED AUGUST
24, 2015 (THE "AGREEMENT"), WHICH CHANGE ORDER IS IN THE AMOUNT OF $899,976.79;
PLUS A $89,997.68 OWNER'S PROJECT CONTINGENCY; FOR A GRAND TOTAL OF $989,974.47
IN ORDER TO EXPAND THE CURRENT SCOPE OF THE 54" REDUNDANT SEWER FORCE MAIN
PROJECT TO INCLUDE THE INSTALLATION OF AN ADDITIONAL 36" LINE, LINE STOP, PLUG
VALVES, FLOW METER AND AN EMERGENCY DISCHARGE CONNECTION IN ORDER TO
FACILITATE THE ABILITY TO SHUT DOWN THE FORCE MAIN SOUTH OF 17TH STREET AND TO
FACILITATE MULTI-DIRECTIONAL FLOW OPERATION OF PUMP STATION NO. 1.
Public Works
ACTION: Resolution 2016-29682 adopted. Motion made by Vice-Mayor Malakoff; seconded by
Commissioner Alemán; Voice vote: 6-1; Opposed: Commissioner Steinberg. Eric Carpenter to
handle.
Jay Fink, Assistant Public Works Director, stated that the Commission has in front of them a
construction amendment to the 54-inch sewer line; it should be the last of the changes associated with
this. From the construction to the service of the 54-inch sewer line, some issues developed that need to
be addressed. Mr. Fink stated one is the meter at the pump station itself; it does not work anymore and
that is a major sewer-pump station for the City. They also need to replace the meter to get the station
back in line, and it will give them full control over the entire system. The other items are plug valves.
When they put lines in service, it is necessary to shut off or decommission other lines. What they want
to do is insert some valves, so that in the future, they have some control of those lines, rather than
doing a onetime shut down. Mr. Fink added that they are going to shut down and install a valve so they
have flexibility to operate this in the future, and that is a large majority of the issues before the
Commission. The majority of these valves that are going in, the majority of the price is the actual price
of the valve, it is almost 2/3 the cost of the valve itself. They also noticed looking at the hydraulics that
one section represents roughly 420-feet of pipe that does not hold as much capacity to do the light;
therefore, they are looking to do a second line adjacent to that. This will save them money in the future
because they will eventually have to do repairs and add additional piping.
Mayor Levine asked Mr. Fink if this project is one that the City would not want to go back and do again.
Mr. Fink stated the Mayor is correct; they do not want to disrupt people any further and this will save
money in the future.
Mayor Levine asked how the contracting is done, and if it is done through something national related
through a special program.
Jimmy Morales, City Manager, informed Mayor Levine that he is probably thinking about the
Convention Center.
Mayor Levine asked the Commissioners what they would like to do.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 67 of 106
Commissioner Steinberg stated that everyone knows how she personally feels about change orders,
especially in that amount. They need to find a mechanism; when they change scope, they need to have
a contingency to account for the possibility and be a little more proactive from the get-go. It is still
costing the City more money because it is new work. She stated construction is very inconvenient;
there has been more than one gas leak on this project, and there have been different things that make
her not confident. She stated, while she cannot support a change order, at this time she understands
the need for it.
Commissioner Arriola asked what street the construction is taking place.
Mayor Levine replied that it is on 11 th street.
Discussion held.
Vice-Mayor Malakoff stated there is contingency placed at the beginning of the bids, though the
contingency did not cover this. She stated what happens is once you go underground there are so
many utility lines that are not in the same position as they are mapped; unfortunately, it is not a science
and lines were placed and not mapped correctly in the past. Often when they are working, they find that
there is pipe that is narrower than it should have been. In addition, things change over time, such as
our needs for drainage. She agreed with Commissioner Steinberg that change orders get to be very
expensive and one would think that it would all be bid in the first place, but the information is not always
present.
Mayor Levine stated that they are working with old City infrastructure, and the Commission has to
decide whether it wants to make the repairs or not.
Commissioner Alemán asked if they could go back, review the contingency, the actuals against
contingency for the projects that the City has done thus far, and validate the contingency percentage of
however they are applying it, that way Mr. Fink still feels good about that in upcoming projects. She
stated that she knows AECOM reviewed the plans, and asked if they had any concerns.
Mr. Fink believes AECOM did review the plans, although most of this is an operational issue, and it
says they are going to disrupt the flow and put the pipe in. There is a cost associated with that,
because it is construction related and they have to cut pipes open and shut things down. What AECOM
is looking at is, since the lines are shut down and they are going through the process, should they put a
valve in now, so they have that operation ability later, and the answer is “yes.” The major component of
this that represents half of this, is a 425-feet/36 inch diameter pipe, where in evaluating the hydraulics
of the station coming back online, there is going to be hydraulic restrictions. He explained that someday
it has to be repaired, and asked if they should do it now, while 11 th Street pavement is being repaired or
later and have to redo the construction. They have received proposals from the contractor and they
have pushed back the price and told them they need to lower price. Mr. Fink stated what the
Commission has in front of them is a negotiated price.
Commissioner Alemán is in favor of doing the project once and doing everything required.
Commissioner Rosen Gonzalez stated the project cost is approximately $17,263,000; the Commission
approved the first no bid change order at a cost of $6,781,000, and now there is another no bid change
order for almost $1,000,000. She explained that they could avoid this by x-raying the streets before the
City bids underground and negotiate with the contractor to save money. She requested the cost of x-
raying the streets so they can move forward and negotiate the changes before they open up the
streets. She stated that the City is stuck because they are working with a small contractor and they
cannot rebid in the middle.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 68 of 106
Mayor Levine asked Mr. Fink if there are technologies that can x-ray the streets and evaluate what is
underground.
Mr. Fink stated there is technology that allows that to be done; the x-rays do give a dimensional view of
where things are, but it is not an end-all, and there are still unknown factors. He stated that the type of
technology would not have alleviated the issues presented to the Commission in this item; what they
are looking at is a redundancy that was identified, as well as operational needs, as far as valves and
other issues, which have to be repaired in the future.
Mayor Levine stated they are hearing it from the City Engineers, and asked what direction everyone
would like to take.
Motion made by Vice-Mayor Malakoff to approve the item, seconded by Commissioner Alemán.
2:57:48 p.m.
R7 J A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING NEW YEAR'S EVE ACTIVITIES ON OCEAN DRIVE IN PARTNERSHIP WITH
THE OCEAN DRIVE ASSOCIATION, AND AUTHORIZING (1) CLOSURE OF OCEAN DRIVE, FROM
5TH STREET TO 14TH STREET, FROM FRIDAY, DECEMBER 30, 2016 AT 7:00 AM UNTIL
MONDAY, JANUARY 2, 2017 AT 7:00 AM; (2) EXPANSION OF PARTICIPATING SIDEWALK CAFES
TO THE MID-LINE OF OCEAN DRIVE FROM 5TH STREET TO 14TH STREET, FOR FOOD AND/OR
BAR SERVICE WITHIN THE EXPANDED SIDEWALK CAFE AREAS, SUBJECT TO DEPARTMENT
OF PUBLIC WORKS APPROVAL OF PLANS; AND (3) EXTENSION OF HOURS UNTIL 7:00 AM ON
JANUARY 1, 2017 FOR ON-PREMISES CONSUMPTION OF ALCOHOL FOR PARTICIPATING
SIDEWALK CAFES AND CERTAIN ALCOHOLIC BEVERAGE ESTABLISHMENTS WITH A 5:00 A.M.
LIQUOR LICENSE, SUBJECT TO THE CONDITIONS SPECIFIED IN SECTION 6-3(6) OF THE CITY
CODE; AND FURTHER ACCEPTING A CONTRIBUTION FROM THE OCEAN DRIVE ASSOCIATION
IN SUPPORT OF THE 2016-2017 NEW YEAR'S CELEBRATION, IN AN AMOUNT OF
APPROXIMATELY, AND NOT-TO-EXCEED, $120,000.
Tourism, Culture and Economic Development
ACTION: Resolution 2016-29683 adopted. Motion made by Commissioner Grieco; seconded by
Commissioner Alemán; Voice vote: 6-0; Absent: Mayor Levine. Vanessa Williams to handle.
Vanessa Williams, Tourism Culture and Economic Development (TCED) Interim Director, introduced
Graham Winick, Special Events Manager.
Graham Winick, Special Events Manager, stated that the Ocean Drive Association requested closing
Ocean Drive from 5 th to 14 th street, for three days from Friday, December 30, 2016, from 7:00 a.m.,
through Monday, January 2, 2017, to 7:00 a.m.; now they have requested a two-day closure. The City
shares the closure cost inclusive of 47% and the cost of the fireworks they had in previous years. The
Ocean Drive Association agreed to pay the remaining cost and an additional $16,000 dollars for a
larger firework show, one that will mimic the Fourth of July fireworks display. The total cost is
approximately $69,000 dollars; they are currently collecting it from the Ocean Drive Association
members who will expand into the right away to the midpoint. Once they have submitted the proper
plans to the Public Works Department and have been vetted through that process through insurance as
well, Mr. Winick is making a recommendation to accept a sum of no more than $70,000 dollars, which
is down from the original $120,000 for the three-day closure. They are now requesting a two-day
closure starting on Saturday, December 31 at 7:00 a.m. and opening the roads on Monday, January 2
at 7:00 a.m.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 69 of 106
3:00:19 p.m.
R7 K A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING A LOAN IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$19,800,000 FROM TD BANK, N.A., TO REFUND THE OUTSTANDING TAXABLE SPECIAL
OBLIGATION REFUNDING BONDS (PENSION FUNDING PROJECT), SERIES 2005; AUTHORIZING
THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT AND PROMISSORY NOTE TO
EVIDENCE THE OBLIGATION OF THE CITY TO REPAY SUCH LOAN; PROVIDING SECURITY FOR
THE REPAYMENT OF THE LOAN; AUTHORIZING THE REFUNDING, DEFEASANCE AND
REDEMPTION OF THE OUTSTANDING PENSION BONDS AND THE EXECUTION AND DELIVERY
OF AN ESCROW DEPOSIT AGREEMENT; APPOINTING AN ESCROW AGENT; AUTHORIZING
OTHER ACTIONS IN CONNECTION WITH THE LOAN AND THE REFUNDING PROGRAM; AND
PROVIDING FOR AN EFFECTIVE DATE.
Finance
ACTION: Resolution 2016-29685 adopted. Motion made by Commissioner Steinberg; seconded by
Commissioner Alemán; Voice vote: 6-0; Absent: Mayor Levine. Allison Williams to handle.
Allison Williams, Chief Financial Officer, explained the item is requesting approval for the refinancing of
the Special Obligation Bond for pension in the amount of $19.8 million. Ms. Williams stated this item
came before the Finance & Citywide Projects Committee on October 28. It will have a total saving of
$1.4 million over a five-year period, approximately $300,000 a year and moves the interest from 5.23%
to 1.7%.
Vice Mayor Malakoff mentioned it is a nice savings for the City.
Motion made by Commissioner Steinberg; seconded by Commissioner Alemán.
Rafael Granado, City Clerk, explained that Vice Mayor Malakoff needs to sign the Resolution after the
Commission Meeting concluded, as the closing is on Friday.
SUPPLEMENTAL MATERIAL 2: RESOLUTION & DRAFT AGREEMENT
R7 L A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER (AS SET
FORTH IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION) AND
WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND APPROVING, IN SUBSTANTIAL
FORM, THE CONCESSION AGREEMENT ATTACHED TO THIS RESOLUTION BETWEEN THE
CITY AND HECTOR'S WATER SPORTS INC. (CONCESSIONAIRE) FOR THE USE OF THE BARRY
KUTUN BOAT RAMP AT MAURICE GIBB MEMORIAL PARK, LOCATED AT 1700 PURDY AVENUE,
IN CONNECTION WITH THE OPERATION OF GUIDED JETSKI TOURS, FOR A TERM OF ONE (1)
YEAR, WITH TWO (2) ONE-YEAR RENEWAL OPTIONS, AT THE CITY'S SOLE DISCRETION; SAID
AGREEMENT BEING SUBJECT TO FINAL NEGOTIATION BETWEEN THE ADMINISTRATION AND
CONCESSIONAIRE AND SUBJECT TO REVIEW AND FORM APPROVAL BY THE CITY
ATTORNEY'S OFFICE; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE FINAL NEGOTIATED AGREEMENT.
Parks and Recreation
ACTION: Item referred to Neighborhood/Community Affairs Committee. Item heard in conjunction with
item C7 H at 9:26:18 a.m. Morgan Goldberg to place on Committee Agenda. John Rebar to
handle.
REFERRAL:
Neighborhood/Community Affairs Committee
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 70 of 106
SUPPLEMENTAL MATERIAL 2: RESOLUTION & DRAFT AGREEMENT
R7 M A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER (AS SET
FORTH IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION) AND
WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND APPROVING, IN SUBSTANTIAL
FORM, THE CONCESSION AGREEMENT ATTACHED TO THIS RESOLUTION BETWEEN THE
CITY AND MIAMI WATERSPORTS LLC D/B/A MIAMI BEACH PADDLEBOARD (CONCESSIONAIRE)
FOR USE OF THE BARRY KUTUN BOAT RAMP AT MAURICE GIBB MEMORIAL PARK, LOCATED
AT 1700 PURDY AVENUE, IN CONNECTION WITH PROVIDING KAYAK AND PADDLE BOARD
RENTAL SERVICES, FOR A TERM OF ONE (1) YEAR, WITH TWO (2) ONE-YEAR RENEWAL
OPTIONS, AT THE CITY'S SOLE DISCRETION; SAID AGREEMENT BEING SUBJECT TO FINAL
NEGOTIATION BETWEEN THE ADMINISTRATION AND CONCESSIONAIRE AND SUBJECT TO
REVIEW AND FORM APPROVAL BY THE CITY ATTORNEY'S OFFICE; AND FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED
AGREEMENT.
Parks and Recreation
ACTION: Item referred to Neighborhood/Community Affairs Committee. Item heard in conjunction with
item C7 H at 9:26:18 a.m. Morgan Goldberg to place on Committee Agenda. John Rebar to
handle.
REFERRAL:
Neighborhood/Community Affairs Committee
2:29:38 p.m.
R7 N A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE, WHICH DIRECTS THE ADMINISTRATION TO CREATE ONE OR MORE FUNDS FOR
HOMELESS SERVICES AND AFFORDABLE/WORKFORCE HOUSING (HOUSING INITIATIVES) TO
BE FUNDED FROM THE COLLECTION OF SHORT-TERM RENTAL VIOLATION FINES.
Housing and Community Services
ACTION: Resolution 2016-29684 adopted by acclamation. Maria Ruiz to handle.
Mayor Levine introduced a proposal to use a portion of the revenue raised from short-term rental fines
to help alleviate the City’s homelessness situation.
Commissioner Steinberg commended Mayor Levine for this initiative, and believes it is the appropriate
way to look for a funding source for this initiative.
Handouts or Reference Materials:
1. Copy of Resolution
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 71 of 106
1:42:34 p.m.
R7 O A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA AUTHORIZING THE CITY MANAGER TO DECLINE, IN WRITING, THE OWNER'S
RECIPROCAL RIGHT OF FIRST REFUSAL, AS REQUIRED PURSUANT TO SECTION 36.2 OF THE
AGREEMENT OF LEASE ("GROUND LEASE") BETWEEN THE CITY ("OWNER") AND COUSINS
LINCOLN PLACE, LLC ("TENANT"), DATED AS OF SEPTEMBER 1, 1999, INVOLVING THE SALE
OF THE IMPROVEMENTS TO THE PROPERTY LOCATED AT 1601 WASHINGTON AVENUE,
MIAMI BEACH, FLORIDA ("PROJECT"), BASED UPON THE SALE PRICE OF $80,025,000; AND
FURTHER APPROVING THE SALE/TRANSFER OF THE LEASEHOLD INTEREST IN THE
PROJECT, PURSUANT TO SECTION 10.5 OF THE GROUND LEASE, FROM TENANT TO THE
FOLLOWING ENTITIES, AS TENANTS IN COMMON (COLLECTIVELY, "PERMITTED BUYER"): (I)
NG 1601 WASHINGTON AVE LLC (NG 1601), A DELAWARE LIMITED LIABILITY COMPANY (AS TO
AN 87.20% INTEREST), INDIRECTLY CONTROLLED BY THE NIGHTINGALE GROUP, LLC, A REAL
ESTATE INVESTOR (II) JBL 1601 WASHINGTON, LLC, A DELAWARE LIMITED LIABILITY
COMPANY (AS TO AN 8.86% INTEREST), AND (III) REVIEW AVENUE MIAMI LLC, A DELAWARE
LIMITED LIABILITY COMPANY (AS TO A 3.94% INTEREST); SAID APPROVAL SUBJECT TO THE
ADMINISTRATION'S SUCCESSFUL COMPLETION OF ITS EVALUATION OF THE PROPOSED
PERMITTED BUYER IN ACCORDANCE WITH ARTICLE 10 OF THE LEASE ("CITY'S DUE
DILIGENCE"), PAYMENT TO THE CITY OF ITS REASONABLE COSTS INCURRED IN
CONNECTION WITH THE PROPOSED SALE INCLUDING, WITHOUT LIMITATION,
REIMBURSEMENT OF THE CITY'S DUE DILIGENCE COSTS, AND EXECUTION BY TENANT AND
PERMITTED BUYER OF CITY'S CLOSING DOCUMENTS; AND FURTHER AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE ANY AND ALL CLOSING DOCUMENTS ON BEHALF
OF THE CITY.
Tourism, Culture and Economic Development
ACTION: Resolution 2016-29686 adopted. Motion made by Commissioner Alemán; seconded by
Vice-Mayor Malakoff; Voice vote: 7-0. Vanessa Williams to handle.
Mark Milisits, Asset Manager, introduced the item. This is an assignment of the City’s ground lease at
1601 Washington Avenue. The property has an eight-story high-rise building with approximately
105,000 square feet of office space; 28,000 square feet of retail space; and 493 parking spaces. A
similar item was brought to the City Commission in September 2016, and the City Commission
authorized the City Manager to decline the City’s right of first offer regarding the sale of property from
PKY Lincoln Place to Cousins Properties. Now, Cousins Properties is coming back, and wants to sell
the property to the Nightingale Group.
R7 P A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, URGING THE FLORIDA LEGISLATURE TO REQUIRE INSURANCE COMPANIES TO
OFFER PROPERTY INSURANCE PRODUCTS THAT ADDRESS SEA LEVEL RISE AND
INCENTIVIZE GREEN MEASURES THAT MITIGATE THE RISKS RELATED TO CLIMATE CHANGE
AND FLOODING.
Office of the City Attorney
Commissioner Kristen Rosen Gonzalez
ACTION: Item deferred to the January 11, 2017 Commission Agenda. Lilia Cardillo to place on the
Commission Agenda, if received.
Handouts or Reference Materials:
1. Email forwarded by Rafael E. Granado, from Kristen Rosen Gonzalez, dated December 13, 2016, RE: R7P.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 72 of 106
3:01:25 p.m.
R7 Q A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, URGING THE FLORIDA DEPARTMENT OF HEALTH TO EXPEDITIOUSLY DEVELOP
AND APPROVE RULES FOR THE IMPLEMENTATION AND ENFORCEMENT OF THE AMENDMENT
TO THE FLORIDA CONSTITUTION, APPROVED BY THE VOTERS OF THE STATE OF FLORIDA
ON NOVEMBER 8, 2016, THAT ALLOWS THE USE OF MARIJUANA FOR DEBILITATING MEDICAL
CONDITIONS.
Office of the City Attorney
Commissioner Kristen Rosen Gonzalez
ACTION: Resolution 2016-29687 adopted. Motion made by Commissioner Rosen Gonzalez;
seconded by Commissioner Alemán; Voice vote: 5-1; Opposed: Vice-Mayor Malakoff. Absent: Mayor
Levine. Office of the City Clerk to handle.
Commissioner Rosen Gonzalez stated that this item urges the State Legislature to approve quickly the
medical marijuana amendment, and to use possibly the California law as a basis to move forward with
this issue. Seventy-nine percent (79%) of Miami Beach residents approved the use of medical
marijuana. People would like this approved as quickly as possible.
Vice-Mayor Malakoff stated that Police Chief Oates has been working closely with staff in regards to
local control and the location of the medical marijuana facilities. She is; however, unsure whether
California rules would apply in Florida.
Commissioner Rosen Gonzalez stated that it cannot do any harm to send the State Legislature a copy
of the California law. They can be used as guidelines. She wants to assist in the legislative process as
much as possible.
Discussion held regarding California law and medical marijuana.
3:04:29 p.m.
SUPPLEMENTAL MATERIAL 2: MEMORANDUM & RESOLUTION
R7 R A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, URGING THE FLORIDA LEGISLATURE TO ESTABLISH A RESTAURANT GRADING
SYSTEM TO BE IMPLEMENTED BY THE DIVISION OF HOTELS AND RESTAURANTS OF THE
FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION OR, IN THE
ALTERNATIVE, TO AUTHORIZE LOCAL GOVERNMENTS TO ESTABLISH AND IMPLEMENT
RESTAURANT GRADING SYSTEMS WITHIN THEIR JURISDICTIONS.
Office of the City Attorney
Commissioner Ricky Arriola
ACTION: Resolution 2016-29688 adopted. Motion made by Commissioner Arriola; seconded by
Commissioner Steinberg; Voice vote: 6-0; Absent: Mayor Levine. Office of the City Clerk to handle.
Commissioner Arriola explained that this Resolution asks the State Legislature to do a restaurant
grading system based on cleanliness, much like the State of New York does. Restaurants in this City
are far too often shutdown due to cleanliness issues, but unfortunately, due to a State law, the City is
preempted from establishing a grading system of this type. As in the case with New York, he proposes
having a scale from most to least clean in the form of an A, B, and C scale.
Commissioner Alemán asked whether the City would have to provide a restaurant grading team.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 73 of 106
Commissioner Arriola stated that this Resolution would ask the State to consider adopting a restaurant
cleanliness grading system. It would be run by either the State or the County. If properly negotiated
with the County, the City could be in charge of the inspections.
Mitch Novick stated that California has a restaurant cleanliness grading system, and while in California
studying in graduate school, he would often choose restaurants based on their A level cleanliness
grade. He commended Commissioner Arriola for bringing forward this legislation.
Approved as amended. Amended version of the Resolution distributed on the floor.
Handouts or Reference Materials:
1. Resolution
3:31:29 p.m.
R7 S A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO ACCEPT (1)
A UTILITY EASEMENT FROM LA GORCE ISLAND ASSOCIATION, INC. FOR THE EASTERLY 50
FEET OF LOT 6 OF THE SUBDIVISION OF BLOCK 5 LA GORCE ISLAND FOR THE INSTALLATION,
OPERATION AND MAINTENANCE OF PUBLIC UTILITIES TO INCLUDE STORM SEWER AND
STORMWATER PUMPING STATION; AND (2) ACCEPTING THE PROFFERED VOLUNTARY
DECLARATION OF RESTRICTIVE COVENANTS TO UTILIZE THE ENTIRE LOT AS A PASSIVE
PARK.
Public Works
ACTION: Resolution 2016-29691 adopted. Motion made by Commissioner Alemán; seconded by
Commissioner Grieco; Voice vote: 6-0; Absent: Mayor Levine. Eric Carpenter to handle.
Jay Fink, Assistant Public Works Director, explained the item is a request to accept utility easement
from the La Gorce neighborhood, as well as voluntary declaration of restricted covenants designating
the entire lot as a passive park. The La Gorce Island Association requested to look at land that they
own to put a storm water pump station. Public Works will work out the language, and the Homeowners
Association has met earlier today on the matter. He urged the City Commission to accept this
Resolution.
3:32:55 p.m.
SUPPLEMENTAL MATERIAL 1: RESOLUTION, AGREEMENT & EXHIBIT
R7T A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE APPROPRIATION OF $1,201,000 FROM FY
2016/17 GENERAL FUND ACCOUNT NO. 011.0930, CULTURAL ARTS COUNCIL ACCOUNT NO.
140.6080, AND RESORT TAX ACCOUNT NO. 160.4300; SAID APPROPRIATION TO BE PROVIDED
TO AND UTILIZED BY THE FRIENDS OF THE BASS MUSEUM, INC. (THE FRIENDS) FOR THE
PURPOSE OF CONTINUING TO FUND AND PROVIDE CERTAIN OPERATING EXPENSES FOR
THE BASS MUSEUM OF ART (MUSEUM); AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A LETTER AGREEMENT WITH THE FRIENDS, MEMORIALIZING THE PARTIES' RESPECTIVE
OBLIGATIONS WITH REGARD TO CERTAIN MANAGEMENT AND OPERATION
RESPONSIBILITIES OF THE MUSEUM THROUGH SEPTEMBER 30, 2017.
Tourism, Culture and Economic Development
ACTION: Resolution 2016-29689 adopted. Motion made by Commissioner Grieco; seconded by
Commissioner Alemán; Voice vote: 6-0; Absent: Mayor Levine. Vanessa Williams to handle.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 74 of 106
Vanessa Williams, Interim Director of Tourism, Culture and Economic Development, stated that this
Resolution is to authorize $1,201,000 to the Friends of the Bass Museum for the funding of the Bass
Museum of Art, and authorize the City Manager to execute the Letter of Agreement memorializing the
management responsibilities with the Friends of the Bass Museum.
City Manager Morales stated that these funds are part of the budget. This is an annual exercise of an
agreement with the Friends of the Bass Museum.
11:47:10 a.m.
R7 U A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, SUPPORTING TRANSPORTATION INITIATIVES INTENDED TO REDUCE TRAFFIC
CONGESTION AND REDUCE THE NUMBER OF VEHICLES THAT USE THE MACARTHUR
CAUSEWAY TO ACCESS MIAMI BEACH, INCLUDING SHORT-TERM INITIATIVES SUCH AS
MIAMI-DADE COUNTY'S ("COUNTY') BUS EXPRESS RAPID TRANSIT SERVICE, AND LONG-
TERM TRAFFIC REDUCTION PROJECTS, SUCH AS THE COUNTY'S DEVELOPMENT OF A LIGHT
RAIL MODERN STREETCAR ACROSS THE MACARTHUR CAUSEWAY TO LINK THE CITIES OF
MIAMI BEACH AND MIAMI ("BEACH CORRIDOR PROJECT"); AND REQUIRING FORMAL ACTION
BY THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS WITH RESPECT TO THE
COUNTY'S BEACH CORRIDOR PROJECT AND THE CONNECTION ACROSS THE MACARTHUR
CAUSEWAY, PRIOR TO CITY COMMISSION APPROVAL OF ANY INTERIM AGREEMENT FOR
THE MIAMI BEACH LIGHT RAIL/MODERN STREETCAR PROJECT; AND FURTHER REQUIRING
APPROVAL OF ANY FINAL COMPREHENSIVE AGREEMENT BY A MAJORITY OF THE VOTERS
VOTING IN A CITY-WIDE REFERENDUM.
Office of the City Attorney
Mayor Philip Levine
ACTION: Resolution 2016-29690 adopted as amended. Motion made by Commissioner Alemán;
seconded by Commissioner Arriola; Voice vote: 7-0. Jose Gonzalez to handle.
AMENDMENT:
Require formal action by the Miami-Dade County Board of County Commissioners, confirming that the
County has committed to proceed in a binding way, including a funding plan, with respect to the
County’s Beach Corridor Project and the connection across the MacArthur Causeway, prior to City
Commission approval of any Interim Agreement for the Miami Beach Light Rail/Modern Streetcar
Project.
RECOMMENDATION:
1. Support transportation initiatives intended to reduce traffic congestion and reduce the number of
vehicles using the MacArthur Causeway to access Miami Beach, including short-term initiatives such
as Miami-Dade County's ("County") Bus Express Rapid Transit Service, and long-term traffic
reduction projects, such as the County's development of a light rail/modern streetcar across the
MacArthur Causeway to link the Cities of Miami Beach and Miami ("Beach Corridor Project");
2. Require formal action by the Miami-Dade County Board of County Commissioners, confirming that
the County has committed to proceed in a binding way, including a funding plan, with respect to the
County’s Beach Corridor Project and the connection across the MacArthur Causeway, prior to City
Commission approval of any Interim Agreement for the Miami Beach Light Rail/Modern Streetcar
Project; and
3. Continue to pursue all available funding options, including the City's potential eligibility for Federal
funding for the City Project, as well as funding from the State of Florida and Miami-Dade County; and
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 75 of 106
4. Require approval of any final Comprehensive Agreement by a majority of the voters voting in a
Citywide referendum.
Mayor Levine stated that this is an item that has received a great deal public comment, and has been
looked at extensively. He recently met with the MPO, and they discussed that the County will be
approving six transportation plans as part of their Smart Plan. The Beach Corridor is one of those six
Smart Plans. There has been a great deal of changes recently, especially with the new President-elect,
who has been discussing a potential trillion-dollar infrastructure budget. Hopefully, Florida, Miami-Dade
County, and Miami Beach will be entitled to some of those funds. Many residents have been requesting
a great public transportation project, but want to make sure it is connected with the City of Miami. He
explained the proposal he is putting forward has three steps:
i. Suspend Miami Beach’s current project; there has been a great deal of effort and work
regarding the issue, but they must now wait and see what the County votes on before moving
any further;
ii. Bring the County’s proposal to the City of Miami Beach Commission, so that the project can be
discussed, and assuming the City Commission supports the project; then
iii. Bring the proposal to the City of Miami Beach voters and have them decide.
Mayor Levine stated that gridlock is not the answer to traffic. There has been a great deal of effort to
alleviate traffic, from having light signalization to having more traffic Police Officers at key intersections.
If the opportunity presents itself, the City should go forward with the light rail project. He recognized Mr.
Del Vecchio, and thanked him for the additional language he proposed for the Resolution.
Raul J. Aguila, City Attorney, stated that they received two e-mails with additional language to include
in the Resolution. He read Frank Del Vecchio’s proposed language: “The Mayor and City Commission
want to require formal action by the Miami-Dade County Board of County Commissioners with respect
to the County Beach Project and the connection across the MacArthur Causeway prior to City
Commission approval of any interim agreement for the Miami Beach light rail modern streetcar project.”
He also received language from Miami Beach United (MBU) that reads as follows: “requiring formal
action by the Miami-Dade County Board of Commissioners confirming that it has arranged full funding
and has committed in a binding way to proceed with the County’s Beach Corridor project and the
connection across the MacArthur Causeway prior to City Commission approval of interim agreement for
the Miami Beach light rail modern streetcar project.”
Mayor Levine recommended not using the words “fully funding” because the City Commission at that
point should have the opportunity to review it. If the project came back to the City with 70% funding or
even simply majority funding, the City Commission should at least have an opportunity to vote yea or
nay on it.
City Attorney Aguila proposed requiring formal action by the Miami-Dade County Board of County
Commissioners confirming it has committed in a binding way to proceed with the County’s Beach
Corridor Project and the connection across the MacArthur Causeway prior to City Commission approval
of any interim agreement for the Miami Beach light rail modern streetcar project. That formal action
would have to be a binding commitment to proceed with the County Beach Corridor Project and the
connection across the MacArthur Causeway, and this would be prior to the City Commission approving
any interim agreement. He will not address the issue of funding.
Mayor Levine stated that the County must evaluate the project with a funding plan.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 76 of 106
Commissioner Rosen Gonzalez stated that in today’s Miami Herald, Alice Bravo published an article
stating that the only affordable technology for this project would be the Metrorail. If there is a plan to
connect Miami and Miami Beach via light rail, she would like to use the best technology. She asked the
City Commission why they should implement new technology, when they can expand on the same
technology currently being used.
Mayor Levine stated that Commissioner Rosen Gonzalez may be right, but he does not believe the City
should tell the County what to do. He prefers to have the County Commissioners deliberate the item,
and have the City Commission wait for their decision.
City Attorney Aguila stated in regards to the funding issue, the City would require formal action by the
Miami-Dade County Board of Commissioners that they have committed in a binding way including a
funding plan to proceed with, and the rest of the MBU language on the project. Condition No. 2 would
require prior to the City Commission considering the interim agreement for approval. This is the interim
agreement that would require from the County a binding form of commitment that is proceeding with the
County’s Beach Corridor Project including the funding plan for the project.
Mayor Levine stated that for the next Resolution, the City Commission could encourage the County to
look at the Metrorail technology and determine whether it is right for this project.
Discussion continued regarding the use of Metrorail for the project.
Kathie G. Brooks, Assistant City Manager, stated that she does not presently have the figures with her,
but the Metrorail is in fact the most expensive alternative. She believes Ms. Bravo was referring to the
people-mover technology used in Downtown Miami.
Commissioner Grieco stated that he has a question regarding the language of the Resolution. He
wants to make sure it is clear that the City is not acting independently, and that the City’s project is the
same as the County’s project. He approves of the language provided by Mr. Del Vecchio and MBU.
The final commitment from the County may be years away, and he believes that in order to protect the
public and ensure the public vote is present, the City Commission should have a Charter Amendment
that can be worked on for the January 2017 City Commission Meeting.
Discussion continued on Commissioner Grieco’s proposed Charter amendment.
Commissioner Alemán stated that the County’s Smart Plan has six corridors, and Miami Beach is one
of them. Each corridor will have a champion in the County Commission who does not care about the
other five corridors. The Miami Beach City Commission needs to keep the pressure on to gain support
for its corridor. The moment Miami Beach loses interest in Bay Link, it will be the moment this project
fails.
Mayor Levine stated that there would be a tremendous amount of money available for projects such as
this one. The question will be whether the residents of Miami Beach will be interested in the opportunity
of having the light rail in the first place.
Nancy Liebman stated that public input is very important for a decision of this type. She asked to have
the MBU language added to the initial Resolution. If the residents of Miami Beach are not included in
this project, it will backfire.
Commissioner Rosen Gonzalez stated that they have come a long way. She urged the City
Commission to ask the County to choose the right technology for the project. $5 million have been
spent on environmental studies so far. She would like to see in the Resolution how much more money
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 77 of 106
the City will spend on the proposed train, technology, and environmental studies. She is glad there will
be a referendum to decide whether to have the train or not.
Mayor Levine stated that the message is that this City Commission is very open to transportation
alternatives, but he wants to make sure that before the ballot question is brought to the Miami Beach
residents, it must be comprehensive. To get to this point, it was necessary to go through the whole
process, including the environmental studies. It is now up to the County Commission to decide.
City Attorney Aguila stated, for clarification, that in addition to requiring approval of a comprehensive
agreement in the City by referendum, a Charter amendment would have to be included to require that
any time tracks are placed on the street it would require voter approval, essentially making it two ballot
questions.
Mayor Levine asked if there could be one ballot question.
City Attorney Aguila stated that prior to entering a comprehensive agreement, it should be brought to
voter referendum.
Mayor Levine stated that the light rail train would require tracks. Miami Beach voters can vote yes, if
they want the train or no, if they do not.
Commissioner Arriola stated that there was a great deal of work done to get to this point. County
decisions can take a long time, and he would like to know how far the City Commission could discuss
this item until the final hour.
City Manager Morales stated that the procurement process has stopped.
Discussion continued.
Commissioner Arriola wants to make sure Miami Beach is a priority in the County’s transportation plan.
Mayor Levine stated that he conducted a poll last week lead by McLaughlin & Associates asking: “do
you support or oppose the efforts by the City of Miami Beach to work with the County, State, and
Federal government to create a light rail connection between the City of Miami Beach and the City of
Miami to relieve causeway congestion and reduce the number of vehicles currently on Miami Beach
streets.” Seventy (71%) 71% of people polled supported the effort.
Handouts or Reference Materials:
1. Email from Fran Del Vecchio fdelvecchio@atlanticbb.net dated December 7, 2016, RE: Miami Beach
Streetcar: Mayor’s Resolution to Require County Approval of a Connection over the Causeways plus a
Voter Referendum; with attached document titled s.1.08[5] Charter Amendment,9.23.16.docx.
2. Email from Fran Del Vecchio fdelvecchio@atlanticbb.net dated December 7, 2016, RE: Make a Streetcar
Connection to the Mainland a Requirement for the Miami Beach Streetcar Project; with attached document
titled CONNECTIVITY, Sec.2.4_h_ Comp. Agreem. Condition Precedent. 12.7.pdf.
3. Email forwarded by Jimmy Morales from Mark Samuelian, dated December 13, 2016, RE: MBU Light Rail
Resolution December 14, 2016 signed by Miami Beach United, Inc., members.
4. Survey from McLaughlin & Associates dated December 13, 2016, RE: Miami Beach, FL – Light Rail Survey
– Executive Memo to Mayor Philip Levine.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 78 of 106
3:32:55 p.m.
ADDENDUM MATERIAL 2
R7 V A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE
A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE LINCOLN RD BUSINESS
IMPROVEMENT DISTRICT, INC. ("LRBID"), IN ORDER TO PROVIDE THE LRBID WITH AN ANNUAL
CONTRIBUTION OF $160,000 TO FUND THE LRBID'S PURCHASE OF AMBASSADOR AND
SECURITY SERVICES FOR THE AREA LOCATED WITHIN THE LINCOLN ROAD BUSINESS
IMPROVEMENT DISTRICT, WHICH SERVICES SHALL BE PROVIDED BY MYDATT, SERVICES,
INC., DBA BLOCK BY BLOCK, FOR A TERM OF ONE (1) YEAR, WITH UP TO TWO (2) ONE-YEAR
RENEWAL TERMS.
Property Management
ACTION: Resolution 2016-29692 adopted as amended. Motion made by Commissioner Steinberg;
seconded by Commissioner Alemán. Voice vote: 6-0; Absent: Mayor Levine. Adrian Morales to
handle.
AMENDMENT:
• The one-year contract will be from February to September 30, 2017 and will come back to the
City Commission to exercise the renewal term;
• The $160,000 will be prorated for the fiscal year, which would start October 1, 2016 to
September 30, 2017.
Adrian Morales, Interim Director of Property Management, introduced the item. In 2015, the City
Commission approved the creation of the Lincoln Road Business Improvement District (BID) with the
purpose of enhancing the Lincoln Road streetscape. One of the functions is to enhance cleaning
services. The City has been in negotiations on a block-by-block basis for that function. This program
specializes in cleaning and maintenance to enhance the overall landscape of Lincoln Road.
Ivannia Van Arman, Executive Director of Lincoln Road Business Improvement District, stated that
Lincoln Road property owners are very interested in having this Resolution pass to improve further
Lincoln Road. This will include quicker removal of debris and litter; it will provide a more interactive face
for visitors providing bus, taxi, and Uber information. There will be provisions for uniforms with Lincoln
Road logos. The goal is to improve the overall experience for people on Lincoln Road.
Raul J. Aguila, City Attorney, stated that the MOU in the agenda package is $160,000. He asked
whether these funds are going towards security or cleaning.
Commissioner Steinberg reiterated City Attorney Aguila’s question on whether the funds provided by
the City are for security.
Michael Llorente, on behalf of the Lincoln Road BID, stated that the personnel deployed through these
funds would have multiple functions, one of which is security. They will serve additional functions when
witnessing people littering or throwing gum on the floor.
Commissioner Steinberg stated that a large portion of the $160,000 would come from the RDA fund.
She asked whether the funds coming from the RDA would be allowed to fund a security project such as
this one.
City Manager Morales stated that there is no legal prohibition to using RDA money. In fact, these funds
are currently being used to contract security companies.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 79 of 106
Discussion continued.
Commissioner Grieco stated that before the BID, in 2014, he had always been a big supporter of this
type of project. The idea was always to enhance security and maintenance. He asked whether there
would be proper security guards or people in uniform that serve multiple functions.
City Attorney Aguila replied that it is the latter option.
Commissioner Grieco stated that even though these people will not be security guards, their main job
would be security. The problem he has with this is that they do not have proper security guard training,
and generally do not know how to communicate effectively with law enforcement. These multi-purpose
workers are not answerable to the City, because they are not City employees. His long-term vision for
security on Lincoln Road is something similar to what was done in the parks. He would like to have
individuals who are City employees, who do not necessarily work for Code Enforcement, but are Code
Certified Officers, serve in a security capacity like Park Rangers. He expressed concerns that the
Lincoln Road Business Improvement District (BID) went on their own to contract this security company
without consulting the City Commission, and as such during the next year, if he believes security is
ineffective, he will place the item back on the agenda for an alternative solution. He asked for a one-
year agreement, and have it return to the City Commission.
Michael Llorente stated, for the record, that the reason the Lincoln Road BID went to this company was
that they have 81 business improvement districts and similar entities as clients throughout the country.
They have strict training protocols in providing services.
City Attorney Aguila asked to memorialize that the City’s commitment shall not exceed $160,000 per
year.
Commissioner Steinberg moved the item with the amendments for a one-year renewal, and before a
renewal takes place, it must come before the City Commission.
City Manager Morales stated that the $160,000 is prorated, as part of that money has already been
spent on Lincoln Road for the first year.
Rafael E. Granado, City Clerk, asked whether the contract expires in one year or on September 30 th ,
the last day of the fiscal budget.
City Manager Morales stated that it makes sense for the contract to be for the fiscal year, because if
the “pilot” is unsuccessful, then it will be within the next budget cycle, and it will be easier to get the
money back, and possibly move forward with Commissioner Grieco’s suggestion.
City Attorney Aguila reiterated the motion, which is to approve the item with the amendments that the
contract will be from February to September 30, 2017 and come back to the City Commission to
exercise the renewal term; and the $160,000 would be prorated for this fiscal year.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 80 of 106
3:49:08 p.m.
ADDENDUM MATERIAL 3
R7 W A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING THE CONSTRUCTION OF A STORM SEWER ALONG WASHINGTON
AVENUE FROM 17TH STREET TO 18TH STREET AND ALONG 17TH STREET FROM
PENNSYLVANIA AVENUE TO WASHINGTON AVENUE (PROJECT), FOR AN ESTIMATED
CONSTRUCTION COST NOT TO EXCEED $2,000,000; AND FURTHER AUTHORIZING THE CITY
MANAGER TO PROCURE THE PROJECT CONSTRUCTION SERVICES UTILIZING THE
COMPETITIVELY BID NATIONAL JOINT POWERS ALLIANCE (NJPA) COOPERATIVE CONTRACT
FOR CONSTRUCTION SERVICES WITH THE GORDIAN GROUP.
Public Works
ACTION: Resolution 2016-29693 adopted. Motion made by Commissioner Steinberg; seconded by
Commissioner Arriola. Voice vote: 6-0; Absent: Mayor Levine. Eric Carpenter to handle.
Jay Fink, Assistant Public Works Director, introduced the change order that is related to the Convention
Center.
R9 - New Business and Commission Requests
R9 A BOARD AND COMMITTEE APPOINTMENTS.
Office of the City Clerk
ACTION: The following appointments, reappointments and changes were made:
AFFORDABLE HOUSING ADVISORY COMMITTEE
Pilar B. Carvajal
Residential Home Building (1) TE 12.31.18 TL 12.31.21 Reappointed by City Commission
Seth Feuer, At Large TE 12.31.18 TL 12.31.21 Reappointed by Commissioner Grieco
AUDIT COMMITTEE
Michael Weil, CPA TE 12.31.18 Reappointed by Mayor Levine
Ronald Starkman, CPA TE 12.31.18 Reappointed by Commissioner Grieco
BOARD OF ADJUSTMENT
Richard Baron, At Large TE 12.31.18 TL 12.31.21 Reappointed by City Commission
BUDGET ADVISORY COMMITTEE
Brain D. Harris
Financial Advisor TE 12.31.18 TL 12.31.19 Reappointed by City Commission
COMMITTEE FOR QUALITY EDUCATION IN MIAMI BEACH
Stewart Turner, At Large TE 12.31.18 TL 12.31.23 Reappointed by Commissioner Grieco
COMMITTEE ON THE HOMELESS
Christina LaBuzetta TE 12.31.18 TL 12.31.24 Appointed by Mayor Levine
Freddy Funes Removed due to absences
CULTURAL ARTS COUNCIL
Dale Gratz TE 12.31.19 TL 12.31.20 Reappointed by City Commission
Dawn McCall TE 12.31.19 TL 12.31.20 Reappointed by City Commission
Charles A. Million TE 12.31.17 TL 12.31.17 Reappointed by City Commission
Samuel Rabin Jr. TE 12.31.19 TL 12.31.20 Reappointed by City Commission
Susan Schermer TE 12.31.19 TL 12.31.19 Reappointed by City Commission
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 81 of 106
DISABILITY ACCESS COMMITTEE
Gloria Salom TE 12.31.18 TL 12.31.23 Reappointed by Commissioner Rosen Gonzalez
HEALTH FACILITIES AUTHORITY BOARD
Arthur Unger, Accountant TE 06.19.20 Reappointed by City Commission
HISTORIC PRESERVATION BOARD
Dominique Bailleul Term Limited
HUMAN RIGHTS COMMITTEE
Francinelee Hand TE 12.31.18 TL 12.31.22 Appointed by City Commission
LGBT ADVISORY COMMITTEE
David Leeds TE 12.31.18 TL 12.31.21 Reappointed by Mayor Levine
George Neary TE 12.31.18 TL 12.31.24 Appointed by Commissioner Grieco
Laura Veitia Term Limited
MARINE & WATERFRONT PROTECTION AUTHORITY
David Mardini TE 12.31.18 TL 12.31.24 Appointed by Mayor Levine
Robert Christoph Jr. TE 12.31.18 TL 12.31.22 Reappointed by Commissioner Grieco
Daniel Kipnis Conclude Letter
MIAMI BEACH COMMISSION FOR WOMEN
Christine Klingspor TE 12.31.18 TL 12.31.23 Reappointed by Commissioner Grieco
Marjorie York TE 12.31.18 TL 12.31.23 Reappointed By Commissioner Rosen Gonzalez
Francinelee Hand Term Limited
PARKS & RECREATIONAL FACILITIES BOARD
Stephanie S. Rosen
N. Shore Park Youth Center TE 12.31.18 TL 12.31.19 Reappointed by City Commission
Wil Martinez TE 12.31.18 TL 12.31.21 Reappointed by City Commission
PERSONNEL BOARD
Florencia Jimenez-Marcos
Managing Partner TE 12.31.18 TL 12.31.21 Reappointed by City Commission
Lori Gold, General Business TE 12.31.18 TL 12.31.18 Reappointed by City Commission
Mojdeh Khagan Term Limited
PLANNING BOARD
Daniel Veitia
Historic Preservation (4) TE 12.31.18 TL 12.31.22 Appointed by City Commission
Reagan Pace. General Business TE 12.31.18 TL 12.31.20 Reappointed by City Commission
Jack Johnson Conclude Letter
POLICE CITIZENS RELATIONS COMMITTEE
Michael Perlmutter TE 12.31.18 TL 12.31.20 Reappointed by Commissioner Grieco
SISTER CITIES PROGRAM
Lidia Resnick
Santa Marta, Colombia TE 12.31.18 TL 12.31.21 Reappointed by Mayor Levine
Howard Weiss, Other TE 12.31.18 TL 12.31.21 Reappointed by Mayor Levine
SUSTAINABILITY COMMITTEE
Steve Vincenti TE 12.31.18 TL 12.31.21 Reappointed by Commissioner Grieco
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 82 of 106
TRANSPORTATION, PARKING, BICYCLE-PEDESTRIAN FACILITIES COMMITTEE
Sari Libbin TE 12.31.18 TL 12.31.24 Appointed by Mayor Levine
David Mardini Conclude Letter
Seth Wasserman Term Limited
VISITOR & CONVENTION AUTHORITY
Jeff Lehman TE 12.31.18 TL 12.31.21 Reappointed by City Commission
Peggy Benua TE 12.31.17 TL 12.31.17 Reappointed by City Commission
Steven Adkins TE 12.31.18 TL 12.31.22 Appointed by City Commission
Aaron Perry Term Limited
LIAISON APPOINTMENTS
Convention Center Advisory Committee: Vanessa Williams
Cultural Arts Council: Brandie Reddick
Health Facilities Advisory Board: Allison Williams
TE: Term Ending
TL: Term Limit
2:14:14 p.m.
R9 B BOARD AND COMMITTEE APPOINTMENTS - CITY COMMISSION APPOINTMENTS.
Office of the City Clerk
ACTION: By acclamation the Commission agreed to postpone the appointments to the Design Review
Board (DRB) to the February 8, 2017 Commission Agenda. Rafael E. Granado to handle.
The following At-Large City Commission appointments and reappointments were made:
AFFORDABLE HOUSING ADVISORY COMMITTEE
ACTION:
• Pilar B. Carvajal was reappointed (Residential Home Building Industry position) by acclamation.
BOARD OF ADJUSTMENT
Vice-Mayor Malakoff moved to reappoint Richard Baron to the Board of Adjustment.
ACTION:
• Richard Baron was reappointed (At-large position) by acclamation.
BUDGET ADVISORY COMMITTEE
Vice-Mayor Malakoff moved to reappoint Brian D. Harris to the Budget Advisory Committee.
ACTION:
• Brian D. Harris was reappointed (Financial Advisor position) by acclamation.
CULTURAL ARTS COUNCIL
Vice-Mayor Malakoff moved to reappoint the following members of the Cultural Arts Council: Dale
Gratz, Dawn McCall, Charles Million Samuel Rabin, Jr., and Susan Schermer.
ACTION:
• Dale Gratz was reappointed (At-large position) by acclamation.
• Dawn McCall was reappointed (At-large position) by acclamation.
• Charles Million was reappointed (At-large position) by acclamation.
• Samuel Rabin, Jr. was reappointed (At-large position) by acclamation.
• Susan Schermer was reappointed (At-large position) by acclamation. .
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 83 of 106
HEALTH FACILITIES AUTHORITY BOARD
Vice-Mayor Malakoff moved to reappoint Arthur Unger to the Health Facilities Authority Board; seconded
by Commissioner Steinberg.
ACTION:
• Arthur Unger was reappointed (Accountant position) by acclamation.
HUMAN RIGHTS COMMITTEE
Commissioner Rosen Gonzalez announced that she was removing her nomination of Christina S.
LaBuzetta as a member of the Human Rights Committee, as Commissioner Rosen Gonzalez had
committed her support to Ms. Francinelee Hand first. Commissioner Rosen Gonzalez stated that a position
should be found on a board for Ms. LaBuzetta. City Clerk Granado announced that Ms. LaBuzetta had
been appointed to the Committee on the Homeless by Mayor Levine.
MOTION:
Commissioner Rosen Gonzalez moved to appoint Francinelee Hand to the Human Rights Committee;
seconded by Commissioner Alemán.
• Francinelee Hand was appointed (At-Large position) by acclamation.
PARKS AND RECREATIONAL FACILITIES BOARD
Commissioner Steinberg moved to reappoint Stephanie S. Rosen to the Parks and Recreational Facilities
Board.
Commissioner Alemán moved to reappoint Wil Martinez to the Parks and Recreational Facilities Board.
ACTION:
• Stephanie S. Rosen was reappointed (North Shore Park Youth Center position) by acclamation.
• Wil Martinez was reappointed (Golf position) by acclamation.
PERSONNEL BOARD
ACTION:
Vice-Mayor Malakoff moved to reappoint Lori Gold to the Personnel Board.
Commissioner Alemán moved to reappoint Florencia Jimenez-Marcos to the Personnel Board.
ACTION:
• Lori Gold was reappointed (At-large position) by acclamation.
• Florencia Jimenez-Marcos was reappointed (At-large position) by acclamation.
PLANNING BOARD
City Clerk Rafael E. Granado announced that there was a nomination to reappoint one current Planning
Board member (Regan E. Pace), and there were two nominations for the Historic Preservation position
(Tanya K. Bhatt and Daniel Veitia).
City Clerk Granado announced that:
• Tanya K. Bhatt had been nominated for appointment (Historic Preservation position) by Commissioner
Rosen Gonzalez; and
• Daniel Veitia had been nominated for appointment (Historic Preservation position) by Commissioner
Alemán, Vice-Mayor Malakoff and Commissioner Grieco.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 84 of 106
Commissioner Steinberg stated that she was in support of appointing Daniel Veitia to the Design Review
Board because of the Town Center and everything that is coming on line in North Beach; she thought Mr.
Veitia would be perfect on DRB. The DRB has recently had some challenges, and Commissioner Steinberg
wanted to have a member from North Beach represented on the DRB. When she saw that Mr. Veitia had
been nominated to the Planning Board, she still thought that he was a better fit for DRB. She was
considering other persons from the North Beach Steering Committee for the Planning Board.
Mayor Levine suggested going forward with the nominations to the Planning Board, and the City
Commission should give itself time to bring additional candidates, maybe in January or February 2017, for
the Design Review Board, as Mayor Levine understand that members of the DRB whose term conclude
holdover for at least 60 days, if no appointment to fill their seat is made. City Attorney Aguila confirmed the
Mayor’s statement.
Mayor Levine suggested that his colleagues come up with more candidates for the DRB, which can be
considered in January or February 2017.
Vice-Mayor Malakoff added that both Tanya K. Bhatt and Daniel Veitia are from North Beach.
Mayor Levine reiterated that he would like additional candidates for the DRB to be brought forth so the
Commission may consider them either in January or in February 2017.
Commissioner Steinberg stated that she believes Daniel Veitia would be a better fit at the DRB considering
the Town Center and all the design elements for North Beach that will be coming on line. However, she is
fine with Mr. Veitia in either board. Commissioner Steinberg agrees to defer the DRB appointments.
City Clerk Rafael E. Granado explained that a vote therefore is needed for a Planning Board member in the
Historic Preservation position. The votes are between Tanya K. Bhatt and Daniel Veitia.
Ballot vote taken.
Tanya K. Bhatt received two votes: Commissioners Rosen Gonzalez and Steinberg
Daniel Veitia received five votes: Mayor Levine, Vice-Mayor Malakoff and Commissioners Alemán, Arriola,
and Grieco.
ACTION 1:
• Daniel Veitia was appointed to the Planning Board (Historic Preservation position) by a vote of 5-2
(Commissioner Rosen Gonzalez and Steinberg)
Commissioner Steinberg stated that Mr. Veitia would be a wonderful addition to the Planning Board, and
she would have supported him if she had known that the Planning Board was the first Board he wanted.
Mayor Levine inquired how long his colleagues wished to postponed the appointments to the DRB.
Discussion held as to whether January or February 2017 was best to consider appointments to the DRB.
The Consensus was to postpone the appointments to the Design Review Board to February 8, 2017.
Rafael E. Granado to handle.
Handouts or Reference Materials:
Ballot votes.
Motion by Commissioner Grieco to reappoint Regan E. Pace to the Planning Board. Commissioner Grieco
asked his colleagues to support Ms. Pace and reappoint her by acclamation.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 85 of 106
ACTION 2:
• Reagan E. Pace was reappointed to the Planning Board (Citizen at-large or engaged in general
business position) by acclamation.
VISITOR AND CONVENTION AUTHORITY
Vice-Mayor Malakoff moved to reappoint Margaret (Peggy) A. Benua and Jeff Lehman; and to appoint
Steven N. Adkins to the Visitor and Convention Authority (VCA).
ACTION:
• Margaret (Peggy) A. Benua was reappointed (Hotel industry position) by acclamation.
• Jeff Lehman was reappointed (Hotel industry or at large position) by acclamation.
• Steven N. Adkins was appointed (At-large position) by acclamation.
Handouts and Reference Materials:
1. At-Large City Commission Release #1, Release #2, Release #3 and Release #4.
2. Email from Erick Chiroles dated December 14, 2016 RE: Michael Mac Manus Nomination.
3. Email from Danila Bonini dated December 13, 2016 RE: Co-Sponsor for Daniel Veitia, Planning Board, and
Richard Baron, for BOA.
8:30:53 a.m.
R9 C DR. STANLEY SUTNICK CITIZEN'S FORUM.
Office of the City Clerk
ACTION : The following individuals spoke:
1. Gary Rudd, resident and board member of the Belle Isle Residents Association, wanted to thank
the Commission in advance of a vote taking place during today’s meeting concerning the Belle
Isle Park flagpole and plaque that he hopes will be approved today. The Plaque honors the
heroes of the Miami Beach Fire Department, Police Department and military that have served
with valor and honor. He thanked Commissioner John Alemán for her hard work involving the
effort. Mr. Rudd stated that all of the Commissioners will be invited to attend and participate in
the presentation on January 21, 2017, which recognizes how first responders protect the City
and residents. (See Item C7 W)
Mayor Levine mentioned that the park being built in front of the Convention Center would have a
significant Veterans Memorial.
2. Robert Lansburgh thanked Mayor Levine for his proposed Resolution relating to the modern
streetcar project. (See Item R7 U)
Mayor Levine stated there is a good consensus to let the County move ahead and it will come
back to the City, and then the residents can vote on the project.
Mr. Lansburgh also thanked Mayor Levine for urging the State to move ahead with medical
marijuana laws.
3. City Manager Jimmy Morales wanted to take an opportunity to discuss the LTC that recently
went out discussing video presentations at Commission meetings. One of the challenges the
Communication Department faces is when people want to make an audiovisual presentation
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 86 of 106
with their own equipment, which can cause issues. A policy has been implemented that anyone
who wants to show something on the screen during a Commission meeting, including staff,
must submit it 24-hours in advance to make sure it is ready to go and nothing improper appears.
This is a new policy going forward. (See LTC # 531-2016)
4. Daniel Ciraldo speaking on his own behalf wanted to mention the discussion of the possibility of
City boards having a recess in August. He had spoken to a few Commissioners and it seemed
there was support for it. He spoke with Tom Mooney and confirmed it would not affect any
development process, but it is ultimately a policy decision. Mr. Ciraldo is hopeful the City
Commission will consider giving a break to the boards in August just as the Commission has a
break.
5. Bruce Bachman of the Sunset Harbour Neighborhood Association requested the following items
be pulled from the consent agenda: C7 D, C7 E, C7 F, C7 H. These relate to the concessions to
be granted in Maurice Gibb Park regarding amphibious vehicles, jet skis, and water boards. The
Association is interested in getting a full understanding of the agreements to be entered.
(Clerk’s Note: See also item R7 L and R7 M.)
City Clerk Rafael Granado mentioned that the items have already been separated for
discussion.
Mayor Levine asked what Mr. Bachman’s opinion was on the situation.
Mr. Bachman stated one of the concerns is that there are different ways to alter jet skis with
upgrades that increase the noise and speed. Mr. Bachman said that he spoke with the
concessionaires and it was stated that they would not alter the equipment; however, Mr.
Bachman thinks that such a prohibition should be in the agreement. In addition, Commissioner
Alemán raised the issue about the number of watercrafts that will be allowed. He would like a
limit on that number. Mr. Bachman stated that the City Manager has tremendous discretion to
alter the agreement. Mr. Bachman believes that the Commission should have more oversight.
The concession agreement mentions amphibious tours. The concessionaires say that they are
guided tours, but there is nothing in the agreement that states that is what it will be. It refers to
exhibits that are blank pages.
Mayor Levine believes the agreement has to be highly vetted. He does not know how it went
from being a water taxi drop-off to a Duck Tours and water sports center. It has spun out of
control to become a water sports adventure area.
Mr. Bachman stated that it is becoming a concession zone for the hotels. Nobody reached out
to the community and neighborhoods. He feels the Commission needs to take charge.
6. Mark Samuelian, speaking on behalf of the Belle Isle Residents Association, wanted to
underline that the Association fully supports what Bruce Bachman said. There are serious
concerns. Belle Isle would like to have less jet skis. There are noise and enforcement issues.
They are open-minded about it and are meeting with the vendors, but right down, a slow-down
and more information would be greatly appreciated.
7. Tony Kay, from Finnegan’s Way on Ocean Drive, wanted to speak regarding the cutting of palm
trees on Ocean Drive. What he was told at the Ocean Drive Task Force meeting was that one
could operate their business without problems from the trees, and wanted the trees to stay and
that the trees would be allowed to remain. Yesterday, City employees showed up and said they
would cut down the trees that were planted 29 years ago by Tony Goldman and the Ocean
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 87 of 106
Drive Association. It seems like a tragedy to cut down trees needlessly and he does not think it
should be done.
Vice-Mayor Malakoff stated she agrees.
Mitch Novick stated that the trees being removed are on the public right-of-way and the trees
are being relocated.
Vice-Mayor Malakoff stated that they could not be both cut down and relocated.
Mr. Novick stated that Tony Kay suggested they would be cut down in his case because they
are on private property and within the setback.
8. Mitch Novick spoke regarding the straw ballot question on Ocean Drive alcohol sales. Mr.
Novick stated that 55% of voters in Miami Beach voted to see the alcohol sales rollback from
5:00 a.m. to 2:00 a.m. He has requested a precinct breakdown from the Miami-Dade County
Elections Department. He believes that high numbers, maybe 85% - 90%, of voters located
south of 5 th Street, on West Avenue and the rest of South Beach also voted strongly for the
rollback. Concerning Ocean Drive, he knows a great deal of money has been spent with zero
improvement seen. Mr. Novick believes the situation has worsened. He implored the
Commission to get off the fence and address the noise issue. The noise is the crux of the
problem and serves as a magnet to lure all the problems being experienced.
9. Cecilia Jorgensen, a concerned citizen and business property owner on Ocean Drive, is
saddened about the decision to take down so many trees on Ocean Drive. They have been
there a very long time. When you cut down trees, you cannot relocate them because of the
roots dying. Secondly, she respectfully requests that the trees in front of the Netherland on 13 th
Street and Ocean Drive stay and they will work around any kind of sidewalk permitting to make
everything work. She does not want to see the trees come down as the trees have been there a
very long time and that is what Ocean Drive is all about. She hopes they can be kept.
City Manager Jimmy Morales asked Assistant City Manager Susanne M. Torriente to address
the meeting.
Ms. Torriente stated they are following the 10-Point Plan that was adopted by the Commission
on Ocean Drive. The City advised the operators that they would start the tree relocation this
week. It is being done between the holidays. They have relocated 20 trees thus far, and lost two
that could not be salvaged. They are being relocated across the street to Lummus Park. They
are not being cluttered at Lummus Park; the trees are being spaced and moved where Forestry,
Tourism, Parks and Police all agree are a good place for them.
City Manager Morales stated that the trees are not being cut down from private property, just
from the right-of-way so they can preserve the 5-feet and requirements.
Assistant City Manager Susanne M. Torriente stated the plan is to take the trees that are in front
of buildings that block the view of the architecture of the building and keeping trees that are
located in between the buildings.
Discussion was held regarding the tree on front of Finnegan’s Way and its location between
Vice-Mayor Malakoff, Susanne M. Torriente and Tony Kay.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 88 of 106
10. Alex Tachmes spoke representing various businesses on Ocean Drive and the Ocean Drive
Association. He discussed when the 10-Point Plan was being created, they clearly wanted to
make sure the trees were relocated and not cut down and disposed of. That was the clear
mandate. Secondly, the concept was also to keep as many trees as possible, including the trees
in between properties. The decision to relocate trees was based on a few things. Creating and
preserving a clear 5-foot pedestrian walkway on the east side of Ocean Drive. If there was an
extension of the sidewalk another 5 or 10 feet, which may be done in the future, there would be
more room for the walkway, but at this point that is not happening, so the 5 foot walkway must
be preserved. In addition, in discussions with property owners, the original concept of the trees
was to create some foliage on Ocean Drive. The trees were supposed to be at a much lower
scale but have now grown quite tall and block the historic facades, which was not the intention.
At this point, for the betterment of the street, removing some trees was the right move.
Commissioner Arriola stated that they should keep in mind how they got here. In the summer,
discussion was held about closing Ocean Drive at 2:00 a.m. because it had gotten out of hand.
Part of the problem was the cluster of people and the way that the tables were arranged.
Crowds get too large and are hard to police, creating safety problems. The 10-Point Plan is very
comprehensive, and now that they get into the details, people want exceptions. This is all part of
a greater plan and exceptions can be made, but should be kept to a minimum. They are trying
to create a pleasant and safe pedestrian experience and try to create some kind of control over
activity on Ocean Drive. Because of where trees are planted, pedestrian walkways are impeded
and create problems where foot traffic spills into the street and makes it sometimes unsafe.
Commissioner Arriola also wanted to say that the gentleman from the Netherland called the staff
and was very rude and berating. Commissioner Arriola asked not to do that and if anyone has
an issue, be civil about it, because they are all reasonable and will work it out, but please do not
call and threaten staff.
Commissioner Rosen-Gonzalez wanted to add that all the trees that are being taken out are
being relocated to Lummus Park, which is already full of trees. Right now, they are removing
any space that might be needed in the future if they want to hold any kind of event or have any
kind of open space. What they could do with the trees is possibly plant them along the dune line
or another place that would give beachgoers some shade. What is being done now does not
make a great deal of sense. What she encourages is the beach having a few shade trees on it.
If they could wait and relocate the trees to the dune lines for shade, it would be a great thing.
Elizabeth Wheaton to study the suggestion.
Assistant City Manager Susanne M. Torriente said that the Ocean Drive Task Force made it
clear that they did not want any clutter and wanted room for programming. An aerial view was
studied and the best location was coordinated with the Urban Forester. There is a whole team of
City departments that worked on the best location because they do not want to create areas
where people could hide or have a safety issue. The trees are being relocated in the best
possible position taking into consideration safety, the life of the tree, and future programming
needs.
11. Ellen Sweet-Moss, sister of Andy Sweet, wanted to discuss co-naming of 14 th Street in memory
of famed photographer Andy Sweet. Many people really want it to happen.
Meryl Shamah stated she submitted the petition initially with Vice-Mayor Malakoff who is
sponsoring it. She also had a petition on www.change.org where close to 400 signatures were
gathered in the last couple of weeks supporting the initiative. She read a comment into the
record: “Andy captured a Miami Beach that no longer exists. He lived his life here and created a
pictorial history to share of this City before South Beach was popular. I wish we could give him
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 89 of 106
the voice that he was robbed of by naming a street in his honor. He is forever a part of Miami
Beach history and had the vision as an artist to encapsulate an era in this City that would be
long gone and he’d gone even before then.”
Mayor Levine stated he had seen one of Mr. Sweet’s photographs and wrote it down on his note
card that he wants to get a book to look at all of his fantastic photographs. He remembers the
photos and many people remember them. It is an amazing trip down memory lane.
Ms. Shamah stated that she knows the Ordinance does not allow for photographers, but Andy
was not just a photographer, he was also a historian. His photographs show a time that they will
never see again.
Mayor Levine said he is looking forward to seeing the book and cannot wait to go through the
pictures. The item will be heard this afternoon.
13. Virginia Karpawich, lives at the 1390 building, next door to Netherland and Finnegan’s Way.
There is a tree being removed from the front of her building that does not obstruct the view and
is not in the way of a pathway. The owner of the dress shop in her building, who could not
attend the Commission Meeting today, wants the tree to stay, as would most of the residents.
They did not know about this except through rumors. They certainly were not aware their tree
would be cut.
1:04:51 p.m.
R9 C DR. STANLEY SUTNICK CITIZEN'S FORUM.
Office of the City Clerk
ACTION : The following individuals spoke:
1. Onera Correa Mendire became aware of Andy Sweet’s work while working with his nephew
Alan. When she sees the photos Mr. Sweet took of Miami Beach, she is reminded of her
family. Although her family is Cuban, she identifies with the photos. She believes people
appreciate these photos now more than ever, because of the contrast they show with today’s
Miami Beach. Her husband is a history teacher, and he would like to share the photos with
high schools and universities.
Vice-Mayor Malakoff stated that there is an item on the agenda to discuss the co-naming of
14 th Street after Andy Sweet.
2. Ken Bereski stated that he appreciates the City Commission listening to him. He is present to
speak about the dangers bicyclists face every day commuting in this City. Greater Miami is
one of the most dangerous and deadly areas in the country to ride a bike. Many people have
been affected, and in many cases, the incidents are brushed aside. He asked for immediate
action, as it was just last summer a student was killed while riding his bicycle.
3. Tanya Bhatt, stated that she is honored to be nominated for the Historic Preservation position
on the Planning Board. She believes she can add a great deal of value to the Board as a fair
and open-minded person from North Beach.
Commissioner Grieco stated that he nominated Frank Kruszewski to the Design Review
Board position that is currently vacant.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 90 of 106
4. City Manager Morales informed the City Commission of the new Park Ranger program to
increase public safety and reduce traffic.
Kathie G. Brooks stated that efforts to reduce traffic included cameras, travel-time devices,
and traffic signal changes. The latest part in the traffic initiative is the Road Rangers. They
will be able to clear lanes, and move cars out of lanes of travel by towing. She introduced the
team: Enrique Bascoy, Ernesto Vasallo, Manuel Diaz, and Jose Diaz. This team will report to
Police Lieutenant Chong, who will be an integral part of the traffic management team.
Mayor Levine expressed his approval of this initiative, and encouraged the Road Rangers to
make sure to move the double-parked delivery trucks.
Vice-Mayor Malakoff asked the Road Rangers to watch out for bicyclists. More protected
bicycle lanes are needed.
Commissioner Grieco stated that the next step in the traffic easement project is to address
the bicycle lane obstruction, which is a Citywide epidemic.
Discussion held on the vast experience of the Road Rangers.
Commissioner Alemán asked Miami Beach residents not to place garbage bins on the green
bicycle lanes.
4:01:54 p.m.
R9 D DISCUSS MIAMI-DADE COUNTY DAYS AND THE NEED TO CHANGE THE APRIL COMMISSION
MEETING TO ACCOMMODATE.
Commissioner Kristen Rosen Gonzalez
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING RESOLUTION NO. 2016-29642, SETTING THE DATES FOR THE YEAR 2017
CITY COMMISSION MEETINGS, BY AUTHORIZING THE RESCHEDULING OF THE APRIL 5, 2017
REGULAR CITY COMMISSION MEETING TO APRIL 26, 2017 AT 8:30 A.M.; RESCHEDULING THE
APRIL 26, 2017 PRESENTATIONS & AWARDS COMMISSION MEETING FROM 5:00 P.M. TO 8:30
A.M. SO THAT IT MAY BE HELD IN CONJUNCTION WITH THE REGULAR CITY COMMISSION
MEETING TO BE HELD AT 8:30 A.M. ON APRIL 26, 2017; AND, FURTHER AUTHORIZING THE
RESCHEDULING OF THE MAY 10, 2016 REGULAR CITY COMMISSION MEETING AND THE MAY
24, 2016 PRESENTATIONS & AWARDS COMMISSION MEETING TO BE HELD IN CONJUNCTION
ON MAY 17, 2016 AT 8:30 A.M.
ACTION: Resolution No. 2016-29694 adopted . Approved by acclamation. Discussion held. Office of
the City Clerk to handle.
DIRECTION:
1. Reschedule the April 5,, 2017 Commission meeting to April 26,, 2017, combining it with the
Presentations & Award meeting; therefore, only having one meeting in April 2017.
2. Reschedule May 10, 2017 and May 24, 2017 Commission meetings to May 17, 2017, combining
both regular and Presentations & Awards meeting.
3. Reschedule the Land Use & Development Committee and the Resiliency & Sustainability
Committee meetings from May 17, 2017 to May 10, 2017. Thomas Mooney and Elizabeth
Wheaton to handle.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 91 of 106
Commissioner Rosen Gonzalez stated that the Miami-Dade County Days in Tallahassee are April 5
and 6, 2017; she would love to go and see what is happening in the Legislature, meet with our
Legislature and receive briefings by the Governor’s Cabinet, the Chamber of Commerce, and others.
Commissioner Rosen Gonzalez asked to possibly move the April 5 th Commission meeting to the
second week in April.
Rafael E. Granado, City Clerk, stated that they have a couple of issues with that. Currently April 5 th is
scheduled as a Regular Commission Meeting, and April 26 th as the Presentations and Awards
Commission Meeting. April 12 th is Passover, Spring Break is April 10 th to the 14 th for Miami-Dade
County Schools, and the week of the 17 th to the 21 st is Spring Break for Catholic Schools. He
suggested making one meeting in April on the 26 th and changing the May 10 th meeting to May 17 th .
Discussion held.
Rafael E. Granado, City Clerk, stated that the April meeting could be scheduled on the 26 th , having one
meeting on the 26 th that combines both the Regular and Presentation & Awards meetings. There are
currently two meetings in May, one on the 10 th and one on the 24 th . Both of those Commission
meetings could be combined to the May 17 th .
Discussion continued.
Commissioner Alemán mentioned that there is a Resiliency & Sustainability Committee, and a Land
Use & Development Committee meeting on May 17 th .
Discussion held.
Commissioner Steinberg suggested holding the Commission Meeting on May 17 th by combining the two
May meetings and moving the Resiliency & Sustainability Committee and the Land Use & Development
Committee meetings to May 10 th .
Approved by acclamation.
4:06:30 p.m.
R9 E DISCUSSION REGARDING THE CITY OF MIAMI BEACH BRANDING.
Marketing and Communications
Deferred from November 9, 2016 - R9 M
ACTION: Discussion held. Direction given by acclamation. Absent; Mayor Levine.
DIRECTION:
1. Do public outreach. Tonya Daniels to handle.
2. Refer the item to the Art in Public Places Committee . Dennis Leyva to place on the Committee
Agenda. Tonya Daniels to handle.
3. Bring back the item to the February 8, 2016 Commission Meeting. Lilia Cardillo to place on the
agenda, if received.
REFERRAL:
Art in Public Places Committee - AiPP
Tonya Daniels, Marketing and Communications Director, introduced the item. In 2015, the City began a
process to start a merchandising and licensing program for the City. Any good licensing and
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 92 of 106
merchandising program has a solid logo, brand or trademark behind it. The current mark is a word
mark, not necessarily sufficient for a trademark. It is trademarked; but it is not a true logo. It is a word
mark. The City began the process with Beanstalk to start designing some possible logos. The
Marketing Manager, the Visual Communications Manager and Communications staff worked very hard
and looked at a large number of logos. The City Commission had the opportunity to look at some as
well, and pre-selected three logos to choose from.
See presentation of logos here.
Ms. Daniels stated that her vision for the logo’s use would be souvenirs. Additionally, she believes that
the City should also be venturing into taking the brand recognition and loyalty that the City has and
create multiple channels and markets for future use of the logo. Ms. Daniels asked the City
Commission, when viewing the proposed logos, to consider longevity and keeping them timeless; not
necessarily having anything that is relevant to today, and also looking at something that truly represents
the City of Miami Beach.
Ms. Daniels described the three sets of logos. She stated that the three sets of logos were also being
shown placed on products so the Commission may visualize their use. Ms. Daniels stated that logo set
# 1 is a modernization of the City’s most recent logo. Ms. Daniels added that for logo set # 2, the color
palette will be worked on further, if selected. Logo set # 3, which depicts the City’s iconic lifeguard
stands, were the ones that generated the most interest when first shown to the City Commissioners
during their individual briefings. The most frequent comment was that logo set # 3 was “to busy” and
she agrees. Logo set # 3 was redesigned by the designers and Tathiane Trofino, Aide to Commissioner
Steinberg, and are shown as the bottom 3 logos to the right.
Ms. Daniels further described the design. She added that the feedback from the Commission so far is
that the logos should depict the City’s art and culture. Her personal opinion is that the lifeguard stand
offers both of those. The design from Mr. Lane, the designer of the City’s custom designed lifeguard
stands, represents Miami Beach. She requested feedback from the City Commission to see if they you
would like to go with one of proposed designs, or if they had any recommendations.
Commissioner Grieco suggested having a poll taken of the Community.
Vice-Mayor Malakoff gave her opinions as to the design of logo set # 3. She prefers the third one from
the left.
Commissioner Grieco likes logo set # 2, the one in the middle. However, Commissioner Grieco does
not think they were elected for their graphic design expertise and suggested hearing from the public on
this issue. He does not know how this can be accomplished, as this is something that the City is doing
and will be with the City in perpetuity. He would love to hear from more than just staff and elected
officials.
Discussion continued.
Commissioner Steinberg added that she does not want anyone to focus on the colors right now
because the colors will not be the final colors. They are just examples. It is more the design. So
stylistically speaking, Commissioner Steinberg asked her colleagues if they gravitate to one set of logos
over the others.
Commissioner Rosen Gonzalez stated that out of the three, she likes logo set # 1 the best, because it
looks something like our other logo.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 93 of 106
Commissioner Rosen Gonzalez explained why she preferred logo set # 1. She explained that logo set #
3, when placed on a pin was too large; she prefers a round design like logo set # 1, and suggested that
the old sailboat logo be modernized, and that the Miami Beach font be kept. If she were to select from
the three sets of logos presented, she would choose logo set # 1. She would like the old logo to be
modernized as residents and employees identify with it.
Commissioner Alemán likes logo set # 3, which is the lifeguard stand. Those are the Miami Beach’s
lifeguards stand, which are different from all other beach towns. It is iconic. She thinks it represents the
arts, in that they had this incredible architect design the lifeguard stands. The lifeguard stands are
unique to Miami Beach. It totally captures Miami Beach because it is beachy and it is tropical, but it is
also has the historic design aspects and somehow it is still sexy and modern and it is fun; it really
represents what Miami Beach is all about. Commissioner Alemán prefers the triangular versus the
circular because that is Miami Beach. She is neutral about the palm tree. She likes the palm tree, and
by having the palm tree, it confirms that what is being depicted is a lifeguard stand, so she prefers the
design with the palm tree. The use of the font that is similar to the font that they have been using is
enough to tie the design back to what the City has been doing. Further, it looks good on the
merchandise. They are all good work. Her concern with logo set # 1 is that on the apparel it looks like a
moon. Although she likes the nod to the past, it looks too much like a moon to her. Logo set # 2 she
thought was just too generic beachy. It is very pretty, but too generic. You could substitute Miami Beach
with any beach town; it is not unique to Miami Beach unlike the lifeguard stand.
Commissioner Arriola commented that this is a hard task. He does a great deal of this in his work. It is
all good work, but he did not like any of them. He does not want to deflate anybody. When you try to
come up with a logo you want to do one that will withstand the test of time, which is not too trendy and
is unique. He likes all of them, but he has seen it all before. Everyone has a sun or a palm tree. He is
trying to think about what is special about Miami Beach. That when you see it you immediately say “that
is Miami Beach.” In his opinion, and everyone has an opinion, he suggested that they think about word
association with the words “Miami Beach” and try to get that into the logo . One of the things he thinks
about is art deco. There are art deco fonts; he is not sure if those fonts shown are art deco font. Of the
three, the lifeguard stands is the most unique, but he thinks that they all know what it is because we live
here. He does not know whether someone outside of South Florida would even know that Miami Beach
had these beautiful lifeguard stands. If the City wants to start promoting the lifeguard stands more,
maybe then it will makes some sense to have them as part of the City’s logo. Commissioner Arriola
suggested going back to the drawing board. He gave examples of iconic logos in use, such as in New
York City and NASA. Of the three, logo set # 3 is the only one that makes Miami Beach somewhat
unique, but he does not know that the lifeguard stands is what Miami Beach is famous for.
Commissioner Steinberg stated that this is a job for more than the City Commission right now to fine-
tune and figure out. There are things she likes about the classic logo, but she like the modernization of
logo set # 2. She thinks a beach element is very important to the logo and all three sets of logos have
that. She added that she likes having a palm tree. So whichever logo they go with - waves, beach
and/or palm trees, they are quintessential Miami Beach. As far as the logos, if she had to choose one
now, she does not know which she would choose. The reason why her Aide did the alternate to the
original lifeguard stand design was because she found the designs that were originally presented to her
to be a little too busy, too much going on and too loud. Therefore, she tried to subdue it a little. She
does not know if it captured Miami Beach or not, but she wanted to give another alternative. The goal of
the logo is to get these images across and beyond our 7-mile island.
Vice-Mayor Malakoff stated that the moral of the story is that a camel is a horse designed by a
committee.
Discussion continued.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 94 of 106
Ms. Daniels stated that any good brand and logo is reiterated by good marketing, consistency and use.
Vice-Mayor Malakoff stated that she does not know that they should be voting on this today.
Commissioner Grieco added that this was not time sensitive, and they need to get this right. He wants
to obtain further input from different folks. He suggested reaching out to the neighborhood associations,
or some of the resident committees, and possibly creating a webpage with the different logos and allow
the public to vote. He does not think the Commission should be ones who select.
Vice-Mayor Malakoff suggested that the Art in Public Places Committee could provide assistance.
Commissioner Steinberg reminded her colleagues that for the City’s centennial the Centennial Logo
was selected by a public vote. It was a fun exercise. The City engaged the public and ultimately the
public selected the City’s Centennial Logo. Maybe they could do something like that as an online
survey.
Ms. Daniels stated that for the Centennial Logo selection they did a Facebook poll.
Commissioner Steinberg stated that it was a fun way to gauge the direction.
Commissioner Grieco would I like something along those lines. He thinks it would work.
Commissioner Grieco moved that the City do public outreach and have the item come back to the
February 8, 2017 Commission meeting. He leaves it to the Marketing and Communications Department
as to the type of outreach. He personally thinks an online poll or something that is accessible to the
public is a good way to go get something similar to what happened with the Centennial Logo.
Vice-Mayor Malakoff asked if anyone else believes that this should also be vetted by the Art in Public
Places Committee. Commissioners Alemán and Steinberg responded in the affirmative.
Discussion continued.
Commissioner Rosen Gonzalez stated that she personally does not want the responsibility of choosing
this logo, as she is not qualified.
By acclamation, direction was given to:
1. Do public outreach.
2. Refer the item to the Art in Public Places Committee.
3. Bring back the item to the February 8, 2016 Commission Meeting.
2:31:07 p.m.
R9 F DISCUSSION REGARDING RESILIENCY AND ADAPTATION CRITERIA FOR LAND USE BOARDS.
Planning
Sponsored by Commissioner John Elizabeth Alemán
ACTION: Item referred to the Land Use & Development Committee and the Planning Board. Motion
made by Commissioner Alemán; seconded by Commissioner Steinberg. Voice vote: 6-0. Absent:
Mayor Levine. Thomas Mooney and Susanne M. Torriente to handle.
DIRECTION:
Reach out to Dover Kohl to help with the zoning guidelines.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 95 of 106
REFERRALS:
• The Land Use & Development Committee - Thomas Mooney to place on the Committee
Agenda .
• Planning Board – Michael Belush to place on the Board Agenda.
Commissioner Alemán stated that the idea behind this item is to expand the scope of the package
provided to Committees to include criteria for Sustainability and Resiliency.
Vice-Mayor Malakoff stated that she was at the latest sea level rise panel when this item came up, and
she recommended that resiliency and adaptation criteria need to be discussed at the Planning Board,
the Historic Preservation Board, the Design Review Board, and the Board of Adjustment, because
variances and raising base flood elevation need to take sea level rise into consideration.
Mayor Levine suggested considering an Ordinance or Charter amendment requiring future laws or
zoning regulations to consider sea level rise.
Thomas Mooney, Planning Department Director, recommended referring this item as part of the
discussion to the Land Use & Development Committee and the Planning Board, because a draft
Ordinance to create a mandatory section of the Zoning Code needs to be created, and it requires a
zoning amendment applicable to all four the Land Use boards.
Raul J. Aguila, City Attorney, stated that this is something Commissioner Alemán brought up because
the Historic Preservation Board does not take sea level rise as part of their consideration.
Mayor Levine agreed that all matters in Miami Beach should consider sea level rise going forward.
City Attorney Aguila stated that an Ordinance could be drafted to consider sea level rise in all Miami
Beach matters. Office of the City Attorney to handle.
Mayor Levine stated that this is something very important for the City Commission to do.
Nancy Liebman asked that before locking the City into stiff regulation on sea level rise, to make sure
the historic buildings are taken into account. She also requested Dover Kohl to be re-engaged for the
guidelines as they are aware of the intricacies of North Beach.
Commissioner Arriola stated that there was broad consensus to put together zoning guidelines for the
conservation district to be done a certain way. He recommended re-engaging Dover Kohl to help with
the zoning guidelines.
Discussion continued.
Assistant City Manager Torriente stated that there has been a great deal of work done on sea level rise
by staff, and they have consulted Dr. Chao from the University of Miami.
Mayor Levine stated that the greatest designation in Miami Beach aside from the Art Deco District has
been in North Beach.
Christine Flores stated that she greatly supports the resiliency efforts, but she asked the City
Commission not to forget the various residents and religious organizations who may struggle financially
to adapt to the new sea level rise requirements.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 96 of 106
Commissioner Alemán agreed with Ms. Flores; there are several synagogues and other religious
organizations in North Beach that may have problems adapting.
City Manager Morales stated that the City has worked previously with Mount Sinai Hospital to do
resiliency work on their property. The City will identify critical non-profit facilities and help them along
with the sea level rise adaptation process.
Discussion continued.
Commissioner Rosen Gonzalez stated that she is in favor of having a resiliency expert on every board,
but she is afraid of using the sea level rise as an excuse to demolish old buildings. She expressed her
disapproval of the Sunset Harbour pump stations, and believes they are polluting the bay. She
expressed her lack of faith in Dr. Chao. That being said, she will vote in favor of the referral, but she is
worried.
Discussion held.
Assistant City Manager Torriente stated that she wants to provide confidence in the process. She and
her staff have been looking at sea level rise and climate change holistically. They will provide this body
with all of the steps in how they are confronting this issue.
Commissioner Rosen Gonzalez restated that she wants buildings preserved, and she is not hearing
that as an option.
Assistant City Manager Torriente assured Commissioner Rosen Gonzalez that some buildings will be
raised and others modified in the adaptation process.
City Manager Morales stated that before he and his staff received direction from the City Commission
they reached out to experts at the University of Miami, and created a resiliency effort to be included in
all aspects of Miami Beach. He believes it is unfair to describe the efforts in Sunset Harbour as a
failure, because recently there were 12 of the highest tides in history, and those streets would have
been completely flooded were it not for the pumps. Sunset Harbour has remained a great deal drier
than it was four years ago.
Commissioner Alemán stated that the Miami Beach staff has been doing a great job regarding sea level
rise. She does have a problem with experts presenting testimony only to be disparaged by City
Commissioners. There needs to be a healthy environment for experts to express their opinions.
Daniel Ciraldo agreed with Commissioner Alemán that the City staff has been working very hard and
doing a great job.
Commissioner Arriola provided direction to City staff to reach out to Dover Kohl to help with the zoning
guidelines.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 97 of 106
4:25:47 p.m.
R9 G DISCUSSION REGARDING A POSSIBLE PLAQUE AT THE NORMANDY POOL COMMEMORATING
THE CONTRIBUTIONS OF THE LATE WARREN GREEN, LONGTIME POOL MANAGER WHO
PASSED LAST YEAR.
Commissioner Michael Grieco
ACTION: Discussion held. Motion by Commissioner Grieco to refer the placement of a plaque at the
Normandy Pool commemorating the contributions of the late Warren Green, longtime Pool Manager
who passed last year, to the Neighborhood/Community Affairs Committee; seconded by Commissioner
Arriola. Vote: 6-0; Absent: Mayor Levine. Morgan Goldberg to place on the Agenda. John Rebar to
handle.
REFERRAL:
Neighborhood/Community Affairs Committee
Commissioner Grieco introduced the item. He had a couple folks in North Beach reach out to him, and
he will let the folks from the Parks and Recreation Department explain who Warren Green was to the
folks in the community.
Cindy Casanova, Parks and Recreation Department Assistant Director, stated that this past May, the
City lost a friend and a colleague with the passing of Warren Green. Warren was the long time Pool
Manager at Normandy Isles Pool, a 25-year City employee, who served a majority of his tenure at the
Normandy Isle Pool. He worked at all of the City’s pools and was responsible for many life-saving
operations within the pools. Warren Green was instrumental in the development of our surf camp for
children with autism coordinating the logistics with Ocean Rescue and open water surfing for the
children. He was beloved by the community and his coworkers. Warren Green was a big jokester with a
heart of gold and he had a love for the City that was immeasurable.
Commissioner Grieco stated that it would require Commission action to place a plaque at the
Normandy Pool commemorating the contributions of Mr. Warren Green. He assumes that this would be
embraced; this is a good thing and they will make a day out of it. The Commission would present a
proclamation and do a presentation at the Normandy Isle Pool. He knows that many of the folks that
use all the pools and the folks from the Autism Surf Camp, and specifically the folks that use the pool at
Normandy Isle would want to attend as well. He thanked Dr. Baum for bringing this to his attention.
Commissioner Alemán stated that she can assume the cost of this plaque is very similar to what is
being looked at for Belle Isle at $1,200.
Commissioner Grieco responded in the affirmative.
City Attorney Aguila asked if this would be a referral to the Neighborhood/Community Affairs
Committee.
Vice-Mayor Malakoff explained that naming anything after an individual requires a referral to the
Neighborhood/Community Affairs Committee.
Motion by Commissioner Grieco to refer the placement of a plaque at the Normandy Pool
commemorating the contributions of the late Warren Green, longtime Pool Manager who passed last
year, to the Neighborhood/Community Affairs Committee.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 98 of 106
4:28:00 p.m.
R9 H DISCUSSION REGARDING THE POSSIBILITY OF REQUIRING RESTAURANTS TO PROVIDE AN
ITEMIZED BREAKDOWN OF EACH SALES/RESORT TAX ON A BILL/CHECK AND POSSIBLE
PENALTIES FOR CITING HIGHER PERCENTAGES THAN APPLICABLE.
Commissioner Michael Grieco
ACTION: Discussion held.
DIRECTION:
Office of the City Attorney to work with Commissioner Grieco to draft an Ordinance requiring
restaurants to provide an itemized breakdown of each sales/resort tax on a bill/check, and possible
penalties for citing higher percentages than applicable. Office of the City Attorney to handle.
Commissioner Grieco stated that there are restaurants in Miami Beach that are charging 10% or more
in sales tax, and that he has photographic evidence of receipts reflecting this tax charge, which in many
cases the restaurants do not specify the tax percentage, but simply withdraw the amount. He clarified
that the sales tax in Miami Beach is 9%, and he would like to have receipts reflect the individual
breakdowns of that tax, such as sales tax, resort tax, and Convention Center renewal tax. He would like
to create an Ordinance requiring this, and penalty structure to enforce it. It offends him that such a
practice is going on unchecked, and he would like to remedy the situation.
Commissioner Steinberg agreed with Commissioner Grieco. No patrons should be taken advantage of,
whether resident or tourist.
Discussion continued.
Commissioner Grieco explained that gratuity or service charge is automatically calculated by many
restaurants, and he does not have a problem with that, but this is about tax. He will draft an Ordinance,
and bring it back to the City Commission.
Commissioners Arriola and Alemán agreed with Commissioner Grieco’s statement.
3:08:00 p.m.
R9 I DISCUSSION REGARDING THE CO-NAMING OF 14TH STREET IN MEMORY OF FAMED
PHOTOGRAPHER ANDY SWEET.
Transportation
Vice-Mayor Joy Malakoff
ACTION: Item dually referred to Cultural Arts Council and Arts in Public Places Committee. Motion
made by Commissioner Steinberg; seconded by Commissioner Alemán. Voice-vote: 6-0. Absent:
Mayor Levine. Vanessa Williams to handle.
REFERRALS:
Cultural Arts Council – Brandi Reddick to place on the Council Agenda.
Arts in Public Places Committee to look at different options to honor Mr. Sweet – Dennis Leyva place
on the Committee Agenda.
THINGS TO EXPLORE/CONSIDER:
• Commissioner Steinberg asked to have a two-page special in the MB Line Magazine, which is
distributed to every Miami Beach resident, and provide information on Mr. Sweet and display a
variety of his photos. Tonya Daniels to handle.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 99 of 106
• Wrap Miami Beach City trolleys with Mr. Sweet’s photos. Jose Gonzalez to handle.
Vice-Mayor Malakoff introduced the item. Mr. Andy Sweet was a photographer who captured the period
of gentrification in Miami Beach. This was a time prior to the hotel renovations and development. She
suggested co-naming 14 th Street after him.
Bernard Rubin stated that his aunt and uncle lived in Miami Beach during the ‘60s and ‘70s. Many of
the residents during that period were Holocaust survivors. Washington Avenue was filled with kosher
bakeries and butcher shops. That time period is now gone. Mr. Sweet had received a national
endowment to document the photos, and unfortunately, when things began to change in the 1980s, he
fell victim to the crime wave of that time. He believes the street co-naming will be a great honor to Mr.
Sweet.
Nancy Harrington stated that Mr. Sweet was her friend. Mr. Sweet’s art helped preserve the Art Deco
buildings. She recalled stories of Mr. Sweet, and mentioned his recognition in the Wall Street Journal
and Art Basel.
Michael Bergman is a recent resident of Miami Beach. The era Mr. Sweet captured on his camera is
now gone, and many people long for those days.
Merle Shama explained how Mr. Sweet was not just a photographer, but also a historian. He
immortalized the people of that era. Miami Beach used to be a haven for Holocaust survivors. It is very
important to share this with future generations.
Ray Breslin stated that this had been discussed at the Transportation Committee. There are many
important people who have lived and continue to live in Miami Beach, but it is not necessary to co-
name streets for everyone. He would like to see another way to memorialize this person, such as a
plaque commemoration.
Commissioner Rosen Gonzalez stated that she is proud of the City’s co-named streets such as Jose
Marti Way, and Barbara Capitman Way. She recalled her father’s arrival to Miami Beach from Romania
via New York. She is emotional about the photos because they reflect her youth growing up in Miami
Beach. She would like these photos to be displayed throughout Miami Beach.
Commissioner Steinberg commended Vice-Mayor Malakoff for bringing this item forward. It is a great
thing to revisit Miami Beach’s past. She would very much like to have Andy Sweet memorialized, but
she does not agree co-naming streets is the right way. Currently, co-naming streets is reserved for
fallen officers, and a handful of exceptions for notable residents. She does not want to have to amend
the City Code for co-naming streets.
Vice-Mayor Malakoff stated that co-naming streets is in fact reserved for fallen officers and sports
figures, but there is a sunset provision that stops at six months in order to avoid a plethora of street co-
naming requests.
Commissioner Grieco stated that this is a great cause, but he agrees with Commissioner Steinberg.
Too many exceptions will be made in co-naming streets, and he does not want to see this becoming a
routine. Street co-naming should only be reserved for very few instances.
Vice-Mayor Malakoff stated that a previous City Commission had co-named a street after Leonard
Horowitz, who was essential in the color scheme for the Art Deco District.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 100 of 106
Commissioners Arriola and Alemán both agreed that despite the spectacular work from Mr. Sweet,
there should be a different and more appropriate way to honor him aside from co-naming a street after
him.
Discussion held.
Commissioner Arriola suggested dually referring the item to the Cultural Arts Council and Arts in Public
Places to look at different options to honor Mr. Sweet.
Commissioner Rosen Gonzalez asked to have the trolleys wrapped with Andy Sweet’s photographs.
Commissioner Steinberg asked to have a two-page special in the MB Line magazine, which is
distributed to every Miami Beach resident, and provide information on Mr. Sweet and display a variety
of his photos.
Handouts and Reference Materials:
1. Petitions signed by 65 Miami Beach seniors, submitted by Merle Shama, on behalf of Ellen Sweet and
family, along with list of names of individuals who signed online at Change.org “Vote to Have Street in
Deco District named after the late famed photographer Andy Sweet!”
2. Book of photographs by Gary Monroe and Andy Sweet, titled “MIAMI BEACH.”
4:33:19 p.m.
R9 J DISCUSS THE CITY'S PLAN TO CELEBRATE THE BIRTHDAY OF JOSE MARTI.
Commissioner Kristen Rosen Gonzalez
ACTION: Discussion held.
DIRECTION:
Find funding of $500 – Cintya G. Ramos to handle.
Parks and Recreation to plan the event in Collins Park – John Rebar to handle.
Communications to promote event on social media – Tonya Daniels to handle.
Commissioner Rosen Gonzalez wants to communicate to the residents that they are going to celebrate
Jose Martí’s birthday and will work in conjunction with the Hispanic Affairs Committee (HAC). The
committee sent out a Resolution saying that they want to participate in planning this event. In addition,
moving forward in the Finance & Citywide Projects Committee they should find some funding for
several committee events.
Jimmy L. Morales, City Manager, stated that the City itself has not historically done this party, maybe
the Committee itself put something and it is not in our portfolio of special events. However, if this is
something desired, then in the next budget cycle they could identify Committee funding.
Vice-Mayor Malakoff stated that there is a separate committee fund for each one and if they put
something in the next budget cycle in a minimal amount, it would be helpful.
Commissioner Rosen Gonzalez suggested the City communicate the public that they are celebrating
Jose Martí’s birthday, and mail out flyers letting seniors know at the Housing Authority; perhaps have
some refreshments afterwards, something simple, better than what they did last year, and a promotion
on social media.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 101 of 106
Commissioner Alemán suggested having liaisons reach out to each committee, think about what they
can do with some small funds, write it up, and bring back as a package for funding approval. She would
add the HRC’s request in there as well.
City Manager Morales stated his concern is less the funding but having many events that take a great
deal of time and planning from staff. His question is will the funds be used for the Committee to do the
event or for the City.
Commissioner Rosen Gonzalez stated that, in this case, they have waited a long time. It is already
Jose Martí’s birthday January 28. At this point, they need to make sure that they have some
communication, that they set up chairs, a podium, and have a microphone so they can invite a speaker
and have simple refreshments afterwards. She received a telephone call from the Parks Department
last year asking her to come to a little event for Jose Martí’s birthday, but there was nobody there,
maybe 10 people because no one knew about it. The City had been involved and she just wanted to
make sure that people know this year.
Discussion held.
Commissioner Rosen Gonzalez stated that she just wants to celebrate Jose Martí’s birthday in Collins
Park. She will offer up David Zaret from her office to help plan this event.
Discussion continued.
Commissioner Alemán is supportive of Commissioner Rosen Gonzalez request of $500 for the
celebration.
Commissioner Rosen Gonzalez suggested having Cuban coffee and a nice cake; present a
Proclamation and invite a speaker. The Hispanic Affairs Committee was going to reach out to Lincoln
Diaz Balart to come and speak.
City Manager Morales stated that if the Commission wants, they could have Parks and Recreation
Department do the event.
Commissioner Rosen Gonzalez said that would be great.
4:41:08 p.m.
R9 K DISCUSS A 1% HOMELESS AND DOMESTIC ABUSE TAX TO BE COLLECTED ON ALL FOOD AND
BEVERAGE SALES FOR CONSUMPTION ON PREMISES IN MIAMI BEACH, EXCEPT FOR HOTELS
AND MOTELS.
Commissioner Kristen Rosen Gonzalez
ACTION: Item referred to the Neighborhood/Community Affairs Committee by acclamation. Morgan
Goldberg to place on the Committee Agenda . Allison Williams to handle.
REFERRAL:
Neighborhood/Community Affairs Committee
Commissioner Rosen Gonzalez requested referring the item to the Neighborhood/Community Affairs
Committee.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 102 of 106
Commissioner Steinberg stated that this item is complex, and perhaps it should be deferred to a later
date rather than referred.
Discussion held regarding referring or deferring the item.
Vice-Mayor Malakoff stated that if an additional 1% sales tax were added, Miami Beach would have the
most expensive restaurants in the State, because no other municipality charges a 10% tax.
Discussion continued on the tax.
Item referred to the Neighborhood/Community Affairs Committee by acclamation.
Vice-Mayor Malakoff stated that she would like to attend the Neighborhood/Community Affairs
Committee meeting when this is item is discussed. Morgan Goldberg to notify Vice-Mayor Malakoff.
R9 L DISCUSS THE STATUS OF THE STREET LIGHT AT THE 17TH STREET AND WEST AVENUE
INTERSECTION.
Commissioner Ricky Arriola
ACTION: Item withdrawn.
4:43:04 p.m.
R9 M DISCUSSION AND UPDATE RELATING TO TRAFFIC CALMING SOLUTIONS AT 24TH STREET
AND COLLINS AVENUE.
Commissioner Micky Steinberg
ACTION: Discussion held. Item referred to the Neighborhood/Community Affairs Committee. Morgan
Goldberg to place on the Committee Agenda . Jose Gonzalez to handle.
REFERRAL:
Neighborhood/Community Affairs Committee
Commissioner Steinberg stated that the crosswalk at 24 th Street and Collins Avenue is not in the right
place, in fact, it is very dangerous for pedestrians to cross at that site, and people have gotten hurt
crossing the street at that spot.
Ray Breslin stated that there is a major problem when people drive southbound. Due to the street’s
curve, drivers who are typically speeding, do not notice the upcoming streetlight and are forced to
suddenly break or swerve on to other lanes or go over the curb. The streetlight has been knocked down
within the last two years. He would like this crosswalk removed and a new one installed between 23 rd
and 24 th Collins Avenue.
Commissioner Alemán expressed her support for this item.
Commissioner Steinberg explained that this is a State road. The City’s Transportation Department has
been working with FDOT, but it has been an uphill battle. She will draft a Resolution and have it on the
January 11, 2017 City Commission meeting’s agenda. In the meantime, she suggested referring the
item to the Neighborhood/Community Affairs Committee. Jose Gonzalez and the Office of the City
Attorney to draft Resolution.
Ray Breslin stated that A1A is supposed to be a scenic route, not a speedway.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 103 of 106
Commissioner Steinberg requested more enforcement in that area during the holidays. Police Chief
Oates to handle.
4:47:59 p.m.
ADDENDUM MATERIAL 2
R9 N DISCUSSION REGARDING HOLIDAY LIGHTING IMPROVEMENTS.
Commissioner Kristen Rosen Gonzalez
ACTION: Discussion held. Adrian Morales and Alex Denis to handle.
Commissioner Rosen Gonzalez stated that on 41 st Street, the holiday decorations need improvement.
She suggested putting holiday banners or tinsel wrap to make it look more festive.
Vice-Mayor Malakoff stated that when travelling from the airport and going across the Tuttle Causeway
to 41 st Street, you would not even know it is a holiday.
Adrian Morales, Interim Property Management Director, stated that this year they received direction
from the City Manager to work on an RFP for a new contract for next year; they had some challenges
with the installation since there are areas that do not have electrical connection; they have gone
beyond by adding more decorations in other areas. They have reached out to the vendor, but due to
the timing, right now, most of the decorations are custom and is not stuff you can pull off a shelf and
install.
Discussion continued.
Mr. Morales will look to see what else they can do, perhaps through a third party.
City Manager Morales stated that in January they want to come back with an RFP for a new company
that will do a new design and come back with an appropriate budget. He mentioned that in some
places, there is no access to power, and if lighting is an issue, they need to look at the infrastructure.
They want to put together a proposal and bring back as part of the RFP in January.
Commissioner Rosen Gonzalez suggested placing more decorations at 395 and on 71 st Street. She
suggested holiday decorations going down all the main boulevards and entrances to our bridges.
Mr. Morales stated that banners will be going up on Harding and 41 st Street and he will follow up to
make sure they are installed.
Commissioner Rosen Gonzalez stated that she would like to see a super Christmas Tree and a
Menorah at City Hall and improve the lighting on City Hall.
Vice-Mayor Malakoff added that the Christmas Tree should look like Miami Beach and not like a
commercial mall.
Commissioner Steinberg suggested reaching out to neighboring municipalities and doing something
great for the whole area.
Mr. Morales stated that they have asked the companies to prepare designs and bring back as options
for the City to choose.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 104 of 106
Commissioner Rosen Gonzalez suggested looking at the vendor that Bal Harbour is using, because
their lighting is superior to every other municipality in the area.
3:50:08 p.m.
New Item
R9 O DISCUSSION REGARDING FAENA STRUCTURE AT 36 TH STREET, OBSTRUCTING BEACH
ACCESS.
Commissioner Kristen Rosen Gonzalez
ACTION: Discussion held.
Commissioner Rosen Gonzalez referred to the photographs included in her item (which were also
shown on the television monitors during the discussion of the item). She had a meeting yesterday, after
several telephone calls with some residents who live in area and the Surf Rider Foundation. Faena has
taken over a large portion of the City; the City Commission is extremely happy that Faena is here and
investing in the area. However, in the municipal parking lot between 35 th and 36 th Streets, there is a
large structure and the whole area access to the beach is blocked where there used to be a park. There
are cranes on the side, which could be relocated. as Faena has a huge amount of space next-door,
since they are not building the tower right now. The area is strewn with all sorts of garbage, litter and
debris. The Faena has a beach club with parking, and great deals of residents have come to her
wanting to know when this structure is going to be removed and the park restored. Faena has taken
over the beach access in the area. The structure is large, she is sure that at one point Faena was using
it for sales. The structure has parking on the side. The structure and the reserved parking restrict the
entire area. When one looks at the whole area, what shocked her most is the garbage and debris. This
area has been taken over by Faena and people would like to know, especially the Surf Rider
Foundation, when this structure is going to be removed. 36 th Street, where this structure is located, is a
mess.
Former Mayor Neisen Kasdin, representing Faena, advised Commissioner Rosen Gonzalez that any
time she had any questions they could call him or anyone from Faena directly. Mr. Kasdin stated that
this was discussed at the City Commission previously, and at that time, he notified what the timetable
was to remove and restore all of these points. He just wanted, since it has been brought up in this
discussion, to refresh everyone on the public history of this project. The Faena project spans 32 nd
Street to 35 th Street on the east side of Collins Avenue, and 32 nd Street to almost 36 th Street on the
west side of Collins Avenue. It has included many phases, which was comprised the construction of
Faena House Condominium, the restoration of the Saxony Hotel, the construction of the Faena Forum,
the Bazaar, and the parking garage on the west side of Collins Avenue, as well as preliminary work on
Versailles, including the demolition of the 1950 annex. Faena is in the process, even though they are
not moving with the construction on the Hotel Versailles right now, of storing it and protecting it for
when they continue to move forward with it full blast on the redevelopment of that site. This the largest
private construction project in the City in recent years. In connection with that, Faena entered into
agreements with the City, including the closing of 32 nd Street, which was used for construction. Mr.
Kasdin listed all the areas that have been reopened and restored, including the fully opened, restored,
and beautiful beach access created in connection with the Saxony Hotel portion; the 34 th Street parking
lot that also has beach access; the 35th Street beach access, and a portion of the parking lot, which is
where the trailer on 36 th Street is located. All of that was used and is being used pursuant to standard
agreements with the City in connection with construction. With respect to the construction, he thinks the
City Commission knows that the completion of construction of the west side of Collins, that is the Faena
Forum, the Bazaar and the parking garage, just now concluded and the facilities opened. The grand
opening was held over the Art Basel weekend and there is still construction activities going on in
respect to the garage. Mr. Kasdin is pleased to say that the construction period is over. As he reported,
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 105 of 106
the last time this was up at the City Commission, Faena has a plan to do just what they did on 32 nd
Street, and if you have not seen what they did on 32 nd Street, in rebuilding the street and creating the
beautiful beach access, then the Commission should take a look and see the work Faena has done
pursuant to their agreement with the City when they were using 32 nd Street. What Faena will do is, and
the schedule that he is authorized to report, which is consistent with what he said a month ago, on the
34 th Street Parking lot, those trailers would be removed by the end of January.
Commissioner Rosen Gonzalez inquired which one is the big massive structure with the gated parking
lot that does not look like a trailer. To her that structure looks like a building. That is the one she wants
removed.
Mr. Kasdin stated that Commissioner Rosen Gonzalez is referring to the trailer between 35 th and 36 th
Streets on the beach. That trailer does not block beach access. Mr. Kasdin provided the restoration
timetable. The 34 th Street Parking lot, which is a large space, will be restored by January; the trailers
will be removed, and Faena will begin the restoration of 34 th Street the first week of January; and so, in
short order, all of 34 th Street will be returned to public use – the parking, the beach access created and
landscape all done with the theme of the paving for the Faena District. The 35 th Street Beach entrance,
which currently has been closed due to and during the construction period, that will be reopened and
restored the first week of January 2017 as well. As far as the trailer in the 35 th Street Parking lot,
between 35 th and 36 th Streets, that will be removed. He does have the exact date that it will be
removed, but will get that date for the City Commission. That is part of the agreement with the City.
Everything that has been utilized in the course of construction will be returned and restored, and if the
City Commission wants to see the condition that it will be in, they should look at what Faena did on 32 nd
Street.
Commissioner Rosen Gonzalez is very happy that Faena is going to restore 34 th and 35 th Streets, but
she is mostly concerned with the one structure, the big huge one, the private beach club.
Mr. Kasdin responded that it was not a beach club.
Commissioner Rosen Gonzalez sated that Faena has chairs on the beach, which they are renting out,
and the large structure is being used as a beach club. She added that said large structure does not
appear that it will be removed in January. She is getting calls about this every day. Commissioner
Rosen Gonzalez had to stop everything she was doing yesterday and go out there. She just wants to
be able to tell people when that structure will be removed, because apparently, many people who live in
the area are very disgruntled and upset.
Mr. Kasdin responded that he would get the City Commission the specific timetable for removing the
structure. He assured Commissioner Rosen Gonzalez that the structure is not being used for
commercial purposes.
Commissioner Rosen Gonzalez explained that when she visited the area yesterday, there was a pile of
20 or 30 garbage bags strewn in the area. She does not know what the contents were, but it is
unacceptable. She added that Mr. Kasdin’s response is not good enough and requested to know when
Faena would remove this structure.
Mr. Kasdin asked Commissioner Rosen Gonzalez to call him if in the future, whenever she learns of a
condition as described today. She does not have to wait to schedule it for Commission day to tell Mr.
Kasdin that there is a problem. The trailer will be removed, that is Faena’s commitment. Mr. Kasdin
cannot tell the Commission today the specific day.
After Action December 14, 2016 Commission Meeting City of Miami Beach
Page 106 of 106
Commissioner Rosen Gonzales stated that she is not satisfied with this answer and she is sorry for not
calling Mr. Kasdin. Robert Kahn has been in touch with the Administration many times, and he has
requested the lease of what was going on with that property. Mr. Kahn never got the copy of the lease.
She has been getting complaints via email for months.
City Manager Jimmy L. Morales stated that Mr. Khan is not being fair, as the Administration has sent
him copies of the permits. Even that building, to which Commissioner Rosen Gonzalez is referring to, is
subject to a permit that expires at the end of February. A copy of the parking agreement has also been
sent to Mr. Khan. City Manager Morales stated that all of this was approved by the City Commission in
December 2012 as part of an overall agreement with Faena that laid out where the parking was going
to be given to them, for which Faena is paying market rate; where there were going to be permits; and
where there would be closures. This was all laid out as part of an agreement with Faena, in exchange
for which Faena would also be building the 32 nd and 36 th Street boardwalk. All of this has been subject
to permits and agreements. City Manager Morales said that such permits and agreements are expiring
soon, so the timetable should be up.
Mr. Kasdin stated that given the fact that construction just now is shutting down, Faena is finally going
to be able to demobilize the use of the spaces and restore them. He will provide the Commission with
more information as he receives it.
Handouts and Reference Materials:
1. Email from Kristen Rosen Gonzalez dated December 13, 2016, RE: Last minute discussion item related to
Surf Rider Foundation with color photos attached. Documents distributed at the dais.
R10 - City Attorney Reports
R10 A CITY ATTORNEY'S STATUS REPORT.
Office of the City Attorney
ACTION: Discussion held. Office of the City Attorney to handle.
Reports and Informational Items
1. REPORT FROM COMMISSION COMMITTEES OF WITHDRAWN ITEMS NOT HEARD WITHIN (6)
SIX MONTHS FROM REFERRAL DATE.
Office of the City Clerk
Notices
1. MIAMI BEACH REDEVELOPMENT AGENCY (RDA) MEMBERS.
2. HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA.
3. 2017 COMMISSION MEETING DATES.
4. ADVERTISEMENTS FOR THE DECEMBER 14, 2016 COMMISSION MEETING.
Meeting adjourned at 5:56:49 p.m.