20160720 AAAfter Action July 20, 2016 City of Miami Beach
Page 1
Commission Meeting (Presentations & Awards)
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
July 20, 2016 - 5:00 PM
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.
To request this material in alternate format, sign language interpreter (five-day notice required),
information on access for persons with disabilities, and/or any accommodation to review any document
or participate in any City-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for
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In order to ensure adequate public consideration, if necessary, the Mayor and City Commission
may move any agenda item to an alternate meeting. In addition, the Mayor and City Commission
may, at their discretion, adjourn the Commission Meeting without reaching all agenda items.
AGENDA
1. Meeting called to order at 5:04 p.m.
2. Pledge of Allegiance led by Deputy Chief Lauretta Hill.
Mayor Levine requested a moment of silence for the 69 Police Officers who gave the ultimate
sacrifice this year, while in the line of duty.
Jimmy L. Morales, City Manager, added that City Hall and Old City Hall would be lit in blue to
honor all Police Officers, as requested by Bobby Jenkins, FOP Union President.
Mayor Levine thanked the entire Police Department for what they do for the City and the
country.
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Commissioner Malakoff was surprised with a birthday song and presented with a birthday
cake.
3. REQUESTS FOR ADDITIONS, WITHDRAWALS, AND DEFERRALS
Rafael E. Granado, City Clerk, announced the following:
ADDENDUM
R7 H Call Special Election, Streetcar Project. (Grieco) (7-19)
R7 I Call Special Election, Stormwater Utility Fees. (Grieco) (7-19)
R7 J Call Special Election, Building Height Increases. (Grieco) (7-19)
R7 K Call Special Election, Convention Center Hotel. (Grieco) (7-19)
R7 L Call Special Election, Fire Station No. 1 & PAL. (Grieco) (7-19)
R7 M Call Special Election, Building Height - Flood & Sea Level Rise. (Arriola) (7-19)
R9 F Discuss/Status - Little Havana's Elder Meals Program at Stella Maris. (Aleman) (7-18)
R9 G Discuss/Ocean Drive Proposal Submitted by Clevelander. (Grieco) (7-19)
SUPPLEMENTAL
R7 D Amendment 4, Turnkey Operation Maintenance of Trolley System. (7-19)
R9 D Update on certification of petitions submitted by Save Miami Beach 2016. (7-18) (7-19)
R9 E Discuss ballot Re: increase maximum building height. (Rosen Gonzalez/Grieco) (7-18)
WITHDRAWN
R7 L Call Special Election, Fire Station No. 1 & PAL. (Grieco) (7-19) – Withdrawn By Vice-
Mayor Grieco
NOTATIONS
Add Commission Ricky Arriola as co-sponsor to item C4 A.
Add Vice-Mayor Michael Grieco as co-sponsor to item C4 B.
Add Commissioner Arriola as co-sponsor to item R7 G.
Add Commissioner Joy Malakoff as co-sponsor to item R5 A.
Add Vice-Mayor Michael Grieco as co-sponsor to item R9 E.
SEPARATED ITEM
C4 D
Presentations and Awards
5:26:56 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 the
Administration recognizes employees according to their performance evaluations. For
the months of May and June, the following employees were recognized:
Building
Robert Valdez
Antonio Gonzalez
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Glester Edwards
CIP
Emoe De Zayas
Stephanie Campaniony
Office of the City Clerk
Keith Valles
Nathaniel Frazier
Donnovan Ireland
Cynthia Neves
Office of the City Manager
William Blachar
Finance
Marie Paul
Fire
Mark Schwartz
Martin Quintanilla
Ciccio Morales
Ruben Rayneri
Raul Cardoso
Lucas Bocanegra
Information Technology (IT)
Mark Lazare
Miguel Murillo
Parks & Recreation
Luis Mojica
Lucinda Alsonso
Earnest Eady, Jr.
Ruben Martinez
Planning
Deborah Tackett
James Murphy
Jose Garavito
Michael Belush
Claudia Acuna
Francisco Arbelaez
Antoinette Stohl
Police
Courtney Venezia
Sarah Szuster
Jorge Lemus
Tony Callan
Gilberto Ortiz
Pilar Reyes
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Lori Freedline
Ana Delmonte
Mildred Pfrogner
Bernadette Maher
Thomas Lincoln
Timothy Houser
Kevin Millan
Tino Serrano
Martha Joan
Samaralee Avecillas
Andrea Amy
Alberto Gutierrez
Ibrahim Garcia
Manuel Chorens
Michael George
Public Works
Joshua Balgobin
Carlos Cuervo
5:56:24 p.m.
PA 2 THE AMERICAN HEART ASSOCIATION RECOGNIZES THE MIAMI BEACH FIRE
DEPARTMENT FOR ACHIEVING THE 2016 MISSION: LIFELINE EMS GOLD LEVEL
RECOGNITION AWARD AND IMPLEMENTING QUALITY IMPROVEMENT
MEASURES FOR THE TREATMENT OF PATIENTS WHO EXPERIENCE SEVERE
HEART ATTACKS.
Fire Department
Commissioner Joy Malakoff
ACTION : Recognition made.
Commissioner Malakoff introduced the item. She congratulated the Miami Beach Fire
Department for all of their efforts and achievements.
American Heart Association Representative explained the details of the 2016 Mission:
Lifeline EMS Gold Level Recognition Award, and stated that Miami Beach Rescue has
achieved the highest level attainable. She thanked the Miami Beach Fire Department, the
Mayor and the entire City Commission.
5:48:40 p.m.
PA 3 CERTIFICATES OF APPRECIATION TO BE PRESENTED TO: SGT. ANDY LOZANO,
DETECTIVE RICHARD CORTON, DETECTIVE ALBERTO PORRO, DETECTIVE
GRANT REID, DETECTIVE WILSON ROMERO, DETECTIVE ROBERT LANIER AND
DETECTIVE MARTIN GARCIA, FOR PROTECTING OUR TOURISTS DURING AN
ARMED ROBBERY INCIDENT ON OCEAN DRIVE; AND MARINE PATROL OFFICER
DUANE REZENDE, FOR SAVING TWO BURN VICTIMS FROM A BOAT FIRE.
Mayor Philip Levine
ACTION : Certificates presented.
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Police Chief Oates introduced the item and explained the incident that occurred around
5th Street, which involved two tourists who were victimized. He recognized the recipients
for capturing the culprits within a few days.
Mayor Levine added that the City’s Police Department gets the job done and it is an
incredible organization and the entire City Commission thanks them for putting their lives
at risk. He thanked the Police Department for everything they do for the City.
Mayor Levine recognized Police Officer Duane Rezende of the Marine Patrol for his
actions.
Police Chief Oates explained the boating incident that occurred on June 25, 2016. Officer
Rezende noticed a fire in the distance towards Key Biscayne, and rescued the people
who were stranded on the boat, and saved two lives.
Officer Rezende stated that he saw black smoke and took his boat towards that direction;
halfway there he heard recounts of a boat explosion on the radio. When Officer Rezende
arrived, it was clear the people were in dire need of help as they were covered in third
degree burns in their lower extremities. Officer Rezende coordinated with Miami Beach
Fire Rescue and Miami-Dade Fire Rescue to get the survivors treated at Jackson
Memorial Hospital.
Mayor Levine thanked Officer Rezende for taking the initiative to investigate and taking
control of the situation.
5:08:47 p.m.
PA 4 Certificate Of Appreciation To Be Presented To Isaac Cruz, Our Humana Wellness
Representative.
(Sponsored by Commissioner Joy Malakoff)
ACTION: Certificate of Appreciation presented.
Commissioner Malakoff read a proclamation into the record. It is my great honor to award
this Certificate of Appreciation to Issac Cruz, Humana Consumer Experience Consultant.
The City of Miami Beach appreciates the positive impact you have made on our employees
thorough the Humana Vitality Wellness Program. Your dedication and enthusiasm have
inspired our City employees to not only connect with fitness but with each other. Through
your leadership and example, you have shown that there is always an opportunity to begin
the journey to a healthy lifestyle.”
Commissioner Malakoff observed in just a few short months, more people are taking the
stairs in City Hall than ever before and healthy eating habits have been instilled.
Commissioner Malakoff stated Issac Cruz has made City Hall more of a community and that
we honor and thank him for all he has done to help everybody.
5:11:35 p.m.
PA 5 Proclamation To Deputy Chief Lauretta Hill For Service To The City Of Miami Beach
(Sponsored by Mayor Philip Levine)
ACTION: Proclamation presented.
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Mayor Levine read a proclamation into the record: “Deputy Chief Lauretta Hill was
appointed to serve the Miami Beach Police Department and subsequently commenced her
duties on August 11, 2014. Whereas Deputy Chief Hill has since served with loyalty,
commitment and integrity commencing with her Oath of Office, and spearheaded numerous
large-scale projects and operations including Memorial Day Weekend, The Miami Beach
Centennial, Fourth of July and New Year’s Eve celebrations. Whereas Deputy Chief Hill has
brought new energy and a fresh perspective at a time of great change for the Police
Department, including the introduction of greater accountability, women’s leadership training
and the development of greater diversity and include community relations. Whereas in
doing so, Deputy Chief Hill has significantly helped the Police Department in contributing to
making the City of Miami Beach a safer place to live, work and visit. Now therefore do I,
Philip Levine, as Mayor of the City of Miami Beach hereby proclaim July 20, 2016 as Deputy
Chief Lauretta Hill Day in the City of Miami Beach.”
Chief Daniel Oates stated that the two years Deputy Chief Hill has served he City have
been incredible and was exactly what the City needed and we will miss her and wish her
well. He thanked Deputy Chief Hill for all she has done for him personally, for the Police
Department and the City.
5:35:33 p.m.
PA 6 CERTIFICATE OF APPRECIATION TO BE PRESENTED TO OFFICER CATHY TIGHE
FOR HER DEDICATION TO OUR STUDENTS AND FOR HER YEARS OF SERVICE
AS A SCHOOL RESOURCE OFFICER.
Commissioners Micky Steinberg
and John Elizabeth Alemán
ACTION : Certificate presented.
Commissioner Alemán recalled when she first met Ms. Tighe at Biscayne Elementary.
Ms. Tighe was born in Miami Beach, and has had a full career in the City. Her dedication
and efforts are well appreciated.
Commissioner Steinberg stated that Ms. Tighe has an immense wealth of knowledge,
and has helped so many people.
5:38:16 p.m.
PA 7 PROCLAMATION TO BE PRESENTED TO JACKSON PRESIDENT AND CEO
CARLOS MIGOYA FOR HIS CONTRIBUTIONS TO THE MODERNIZATION OF THE
HEALTH SYSTEM AND HIS TIRELESS EFFORTS TO CHANGE THE PUBLIC
PERCEPTION OF IT.
Commissioner Kristen Rosen Gonzalez
ACTION : Proclamation presented.
Commissioner Rosen Gonzalez read into the record the following proclamation:
“Whereas Carlos A. Migoya who has served as President and CEO of Jackson Health
system since May 2011, overseeing one of the nation’s largest and most respected public
healthcare networks. Jackson has the distinction of bringing world-class medical care –
including the medical school faculty and students from the University of Miami and
Florida International University – to a taxpayer-owned system that guarantees a single
high standard of care for all residents of Miami-Dade County. The system is anchored by
Jackson Memorial Hospital, one of the top-ranked hospitals in Florida. The system also
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includes two neighborhood community hospitals, Holtz Children Hospital, Jackson
Behavioral Health Hospital, Jackson Rehabilitation Hospital, two nursing homes and
numerous clinics. Whereas in his first year at Jackson, Mr. Migoya led a transformation
that reversed years of massive losses, including an $82 million loss in the prior year, and
produced a surplus of more than $8 million. It was the first time Jackson produced a
surplus since 2006. In each of the following two years, the surplus topped $50 million. At
the same time, key indicators of healthcare quality and patient satisfaction improved,
proving that public hospital systems need not choose between medical excellence and
operational sustainability. Whereas in November 2013, he led a successful campaign in
which 65% of Miami-Dade voters approved the $830 million Jackson Miracle-Building
Bond program, which is the cornerstone of a 10-year, $1.4 billion capital plan to renovate,
modernize and expand Jackson’s facilities. Whereas Carlos A. Migoya is a leader and
innovator whose talent and skill amplifies all voices to create a unified and passionate
community that extends far beyond the Jackson Health System; the result is a cohesive,
healthy, and united workforce and community. His work serves as a beacon of hope,
motivation that will inspire generations to come. Now Therefore, do we, as Mayor and
Commissioners of the City of Miami Beach, hereby proclaim July 20, 2016 as Carlos A.
Migoya Day.”
5:42:56 p.m.
PA 8 PROCLAMATION TO BE PRESENTED TO DWIGHT KRAII FOR HIS LIFELONG
DEDICATION TO AND ACHIEVEMENTS IN ENVIRONMENTAL AWARENESS AND
ACTIVISM.
Commissioner Kristen Rosen Gonzalez
ACTION : Proclamation presented.
Commissioner Rosen Gonzalez read the following proclamation into the record:
“Whereas, Dr. Dwight A. Kraii grew up on a farm in Holland, Michigan, his father, a brick
layer and farmer instilled a strong work ethic in his son, one that aided Kraii’s
perseverance through humble beginnings, as he went on to be the first in his family to go
to college, attending the University of Michigan. After eight years, multiple engineering
degrees and a PhD, Kraii met his wife and moved to Pittsburgh after finishing his
education. Kraii, now retired, spent thirty-two years with Allegheny Ludlum Corporation
following three years with International Nickel Corporation, spending thirty-five years
working in the specialty metals and alloy business. Whereas, Dr. Dwight A. Kraii has
always had a love of the water, at one point living on Lake Superior where he spent time
with his family. An avid sailor, Kraii sailed up and down the east coast, winding up at the
Miami Beach Marina where he fell in love with Miami Beach and bought a home here in
the 90s.Dr. Kraii, a lifelong Democrat and self-professed liberal, cared deeply about
people, his modest and hardworking background, coupled with his love and commitment
to the environment inspired his commitment to sea level rise and its impact on the
community, serving on the Mayor’s Blue Ribbon Panel on Flood Mitigation. Whereas Dr.
Dwight A. Kraii embodies his role as an avid civic leader, specifically when Miami-Dade
County proposed plans for a $197 million “utility tunnel” between Miami and Miami
Beach, Dr. Kraii maintained his commitment to the environment and the City of Miami
Beach, asking tough questions and fighting for the community, which in part led to the
County forgoing the plan. Whereas Dr. Dwight A. Kraii is a man of integrity, who chooses
to do the right thing even in the midst of resistance or when doing so is unpopular. It has
been Dr. Kraii’s unwavering dedication and commitment to resilience that continues to
shape public policy as the City of Miami Beach addresses an issue he has fought for, a
conservation based water rate structure. Now therefore, do we, as Mayor and
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Commissioners of the City of Miami Beach, hereby proclaim July 20, 2016 as Dr. Dwight
A. Kraii day.”
Mayor Levine thanked Dr. Kraii for his brilliance and perseverance in helping shape the
City’s sea level policy.
Dr. Kraii thanked Mayor Levine for his leadership and interest in placing more pumps
throughout the City.
5:59:22 p.m.
PA 9 PROCLAMATION TO BE PRESENTED TO MOLLIE HORWITZ IN CELEBRATION OF
HER LIFE.
Commissioner Ricky Arriola
ACTION : Proclamation presented.
Commissioner Arriola read the following proclamation into the record: “Whereas; Mollie
Horwitz was born in Lithuania on March 16, 1916. Molly moved to Miami Beach over 55
years ago, and has immensely enjoyed the South Florida lifestyle. Molly was married two
times, her first husband sadly perished in the Holocaust. She was married to her second
husband, David Shane, for thirty-five years, and had two children, Philip and Sara.
Whereas, Mollie served as the President of her Recreation Club for two decades, and is
an avid player of the game of dominoes. Her propensity for fun has not diminished over
her 102 years. Whereas, Mollie has endured significant adversity throughout the course
of her life. Molly is a survivor of the Holocaust herself. Whereas, Mollie is a pillar of our
City with personal relationships spanning generations within our community. She is a
revered and respected member of her Council Towers family on 1040 Collins Avenue.
Whereas, it is with immense honor that the City of Miami Beach celebrates the life of
Mollie Horowitz. Mollie, we wish you good health, much happiness and an overflowing
abundance of love and joy. Now Therefore, Do I, Ricky Arriola as Commissioner of the
City of Miami Beach, hereby proclaim March 16, 2016, as Mollie Horwitz Day.”
Mollie Horwitz thanked the City Commission for this honor, and recalled some events in
her life.
6:10:49 p.m.
PA 10 CERTIFICATES OF COMPLETION TO BE PRESENTED TO CITY OF MIAMI BEACH
NEIGHBORHOOD LEADERSHIP ACADEMY GRADUATES FOR SPRING 2016.
Office of the City Manager
ACTION : Certificates presented.
Jimmy L. Morales, City Manager, introduced the Spring 2016 graduating Leadership
Academy class. He thanked Morgan Goldberg for coordinating the events.
Certificates presented to the following Miami Beach Neighborhood Leadership Academy
Graduates for Spring 2016:
Charlie Rabins
Gayle Rabins
Laura Azahares
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Alex Saiz
Juan Quevedo
Indiana Moreno
Eddie Sierra
Maria C. Perera
Hasel Bustamante
Paola De Angeli
Mitash Kriplani
Steve Kravitz
Jackie Zacarian
Marina Capobianco
Francisco Garcia
Lissette Otalvaro
Natalie Nichols
Marcus Alonso
Delia McDonald
Robert Muraro
5:25:59 p.m.
5:30:53 p.m.
PA 11 CERTIFICATES OF RECOGNITION TO BE PRESENTED TO OFFICER DEBORAH
MARTINEAU AND OFFICER ARTHUR MARTINEAU.
Commissioner Rosen Gonzalez
New Item added on 7/19/2016
ACTION : Certificates presented.
Commissioner Rosen Gonzalez recognized Officer Deborah Martineau, 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 Officer Deborah Martineau. Officer Martineau is the
Neighborhood Resource Officer for the South Beach District area. Well known by many in
the community, Officer Martineau serves as the people’s liaison to the South District
Captain and Chief of Police. Officer Martineau meets and interacts with numerous
businesses and residential neighborhood associations in the South Beach district on a
monthly basis to discuss any concerns or needs they may have. In addition to her work
with local business leaders and residents, Officer Martineau presents to language
schools, senior citizen and subsidized housing locations, and promotes tourist safety in
her district. She is also in charge of the No Trespass Sign program, created to help
alleviate loitering and trespassing on private and residential properties. The work of
Officer Martineau weaves her passion and dedication to the community throughout the
fabric of this City, setting an example for and being a source of inspiration to her
colleagues, our residents, and all she interacts with.”
Commissioner Rosen Gonzalez recognized Officer Arthur Martineau, Executive Director
of the Police Athletic League (PAL), and read the following Certificate into the record: “On
behalf of the Mayor and Commission of the City of Miami Beach, we are proud to
recognize Officer Arthur Martineau, Executive Director of the Police Athletic League, for
his dedication and service to our community. Officer Martineau is not just a Police Officer;
he is also a youth advocate, program manager, and operations director. Whichever hat
he is wearing, Officer Martineau brings his passion, professionalism, and care to all he
does. Recently, in conjunction with the Police Athletic League, the first 3 on 3 basketball
tournament was created, giving kids from the Miami Beach community and the Overtown
After Action July 20, 2016 City of Miami Beach
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Youth Center a chance to play alongside Police Officers, many interacting with Police in a
new and truly groundbreaking way. Officer Arthur Martineau goes above and beyond the
call of duty and truly cares for our community and our children.”
5:15:46 p.m.
NEW ITEM
PA12 SWEARING IN OF NEW DEPUTY CHIEF OF POLICE RICK CLEMENTS.
(Police)
ACTION: Deputy Chief of Police Rick Clements sworn in.
Police Chief Daniel Oates introduced Major Rick Clements and provided a history of his
titles with the Miami Beach Police Department as well as educational and award history.
Police Chief Oates stated he was the first internal Deputy Chief appointed in
approximately 12 years. Chief Oates congratulated Deputy Chief Clements.
Mayor Philip Levine administered the Oath to Deputy Chief Rick Clements. Mayor
Levine offered his congratulations and presented Deputy Chief Clements with his
badge.
Deputy Chief Clements said a few words recognizing Deputy Chief Lauretta Hill and
thanking the Mayor, Commissioners and City Manager for the opportunity as well as
thanking everyone present.
Handouts And Reference Materials:
Oath of Office.
6:12:49 p.m.
PA 13 RECOGNIZE ROGELIO MADAN, NICK KALLERGIS, EVE BOUTSIS, BETSY
WHEATON AND FLAVIA TONIOLI, WHO WORKED ON THE CITY OF MIAMI BEACH
SUSTAINABILITY AND RESILIENCY ORDINANCE, WHICH HAS WON THE STATE
AWARD FROM THE FLORIDA CHAPTER OF THE AMERICAN PLANNING
ASSOCIATION FOR BEST PRACTICES AND WILL BE SUBMITTED TO APA
NATIONAL FOR AN AWARD.
Commissioner Micky Steinberg
New Item added on 7/19/2016
ACTION : Recognition made.
Commissioner Steinberg stated that these certificates are presented to Rogelio Madan,
Nick Kallergis, Eve Boutsis, Betsy Wheaton and Flavia Tonioli; who worked on the City of
Miami Beach Sustainability and Resiliency Ordinance, which has won the State award
from the Florida Chapter of the American Planning Association for best practices and will
be submitted to APA National for consideration for an award. She added that the City
recently adopted the Green Building Initiative. Although this was her initiative, she
needed the support of her colleagues and staff. She gave a special acknowledgement to
Rogelio Madan for his due diligence.
City Manager Morales added that this is a tremendous honor, and it was a great
collaboratively effort.
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Mayor Levine thanked Commissioner Steinberg for the great item, and congratulated the
team.
Handouts And Reference Materials:
1. Letter To Carmen Sanchez Dated July 15, 2016 Re: 2016 APA Florida Project Awards.
6:16:00 p.m.
PA 14 PROCLAMATION TO BE PRESENTED TO BRUCE MOWRY FOR BEING AWARDED
THE GOVERNMENT ENGINEER OF THE YEAR AWARD, AND PROCLAIMING IT
BRUCE MOWRY DAY.
Mayor Philip Levine
New item added on 7/19/16
ACTION : Proclamation presented and read into the record.
Mayor Levine stated that Mr. Mowry has been an incredible asset to the City, and has
plenty to be proud about. No job is too large or small for him to get done. He thanked Mr.
Mowry for his continuous hard work.
Commissioner Malakoff added that Mr. Mowry takes the time to speak to individuals and
neighborhood associations. He is uniquely patient.
Mayor Levine read the following proclamation into the record: “Whereas Bruce Mowry, a
civil engineer, who has achieved over 40 years of dedicated service in the United States,
China, Egypt, Brazil, and Trinidad and Tobago; for the past three years, Bruce has
served the City of Miami Beach 24 hours a day, 7 days a week, and has become an
indispensable asset to the City. Whereas Bruce Mowry has been known for his “get-it-
done” approach, keeping the Public Works engineering staff energized and focused on
the City’s goals and objectives to achieve excellence. Whereas every year the American
Society of Civil Engineers recognizes civil engineers who advance the profession. This
year, Bruce Mowry has been recognized for his outstanding achievements and has been
named the 2015-2016 government engineer of the year award recipient. Now, therefore
do I, Philip Levine, Mayor of the City of Miami Beach, hereby proclaim July 20, 2016 as
Bruce Mowry Day in the City of Miami Beach.”
Bruce Mowry, City Engineer, thanked the City of Miami Beach, its residents, and the
staffers he works with on a daily basis.
Eric Carpenter, Assistant City Manager/Public Works Director, thanked Mr. Mowry for all
of his hard work.
Handouts and Reference Materials:
1. Letter to Carmen Sanchez dated July 15, 2016 RE: 2016 APA Florida Project Awards.
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Page 12
CONSENT AGENDA
ACTION : Motion made by Vice-Mayor Grieco; seconded by Commissioner Alemán to
approve the Consent Agenda, excluding separated item C4 D; Voice-vote: 7-0.
C4 - Commission Committee Assignments
C4 A REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE REGARDING
RESCINDING THE NOISE ORDINANCE EXEMPTION FOR OCEAN FACING CAFES IN
THE MXE DISTRICT.
Commissioner Joy Malakoff and
Co-Sponsored by Commissioner Ricky Arriola
July 20, 2016
ACTION : Item referred. Thomas Mooney to place on the Committee Agenda and to
handle.
C4 B REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE A PROHIBITION
ON THE OPENING OF ANY NEW OPEN AIR ALCOHOL ENTERTAINMENT
ESTABLISHMENTS AND PACKAGE STORES IN THE MXE DISTRICT OF OCEAN
DRIVE.
Commissioner Joy Malakoff and
Co-sponsored by Vice-Mayor Michael Grieco
ACTION : Item referred. Thomas Mooney to place on the Committee Agenda and to
handle.
C4 C REFERRAL TO FINANCE & CITYWIDE PROJECTS COMMITTEE TO PROVIDE
MORE HANDICAP PARKING IN THE PUBLIC PARKING LOT AT ALLISON PARK FOR
SABRINA COHEN FOUNDATION'S ADAPTIVE BEACH DAYS TWO SATURDAYS
PER MONTH.
Commissioner Joy Malakoff
ACTION : Item referred. Allison Williams to place on the Committee Agenda and to
handle.
9:40:20 p.m.
C4 D REFERRAL TO LAND USE AND DEVELOPMENT COMMITTEE – DISCUSSION
REGARDING AMENDMENT TO CHAPTER 6, ENTITLED “ALCOHOLIC BEVERAGES,”
TO PRECLUDE ANY NEW ENTERTAINMENT ESTABLISHMENT IN THE CITY FROM
OPERATING LATER THAN 2:00 A.M.
Commissioner Ricky Arriola
New item added on 7/20/16
ACTION : Item referred. Item separated by Vice-Mayor Grieco. Motion made by
Commissioner Arriola; seconded by Commissioner Steinberg; Voice vote: 7-0. Thomas
Mooney to place on the Committee Agenda and to handle.
Commissioner Arriola is not opposing the item, but is concerned with the pocket rollbacks
of entertainment establishment operating hours in neighborhoods, such as Sunset
Harbour, South of Fifth, West Avenue, and along Ocean Drive, with future establishments
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Page 13
opening up; and suggested having a comprehensive strategy and discussion going
forward. He wants to know what is going to be the policy to provide guidance for
entertainment establishments and requested the committee to discuss it
comprehensively.
REGULAR AGENDA
R5 - Ordinances
7:29:34 p.m.
R5 A 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 ARTICLE IV, ENTITLED "NOISE,"
BY AMENDING SECTION 46157, ENTITLED "EXEMPTIONS," WHICH MODIFIES THOSE
IDENTIFIED EXEMPTIONS THAT WOULD CONSTITUTE UNNECESSARY AND
EXCESSIVE NOISE THAT IS PROHIBITED WITHIN SECTION 46-152; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Office of the City Attorney
Mayor Philip Levine and
Co-Sponsored by Commissioner Joy Malakoff
First Reading
ACTION: First reading deferred to the September 14, 2016 City Commission meeting.
Title of the Ordinance read into the record. Motion made by Commissioner Malakoff to
defer the item September 14, 2016; seconded by Commissioner Alemán; Ballot-vote: 7-
0. Office of the City Attorney to handle.
Aleksandr Boksner, Chief Deputy City Attorney, introduced the item and explained that
this Ordinance addresses the removal of the exemption component in the City’s noise
Ordinance. The exemption pertains to noise that travels east from properties between 5 th
and 15 th Streets. The removal of this exemption will result in violations issued to those
individuals who violate the City’s noise Ordinance 46-152, which is a discussion item that
has been addressed by the current and previous City Commissions.
Commissioner Malakoff stated that she cosponsored this item because she believes it is
important, because excessive noise comes from certain sections of Ocean Drive. But,
now that the City will work on a comprehensive plan for Ocean Drive, she believes the
item is premature, and would like to defer it to the September 14, 2016 City Commission
meeting for First Reading.
After Action July 20, 2016 City of Miami Beach
Page 14
R7 – Resolutions
6:24:09 p.m.
R7 A A RESOLUTION ADOPTING THE SEVENTH AMENDMENT TO THE CAPITAL
BUDGET FOR FISCAL YEAR 2015/16.
Budget & Performance Improvement
5:01 p.m. Public Hearing
ACTION: Title of the Resolution read into the record. Resolution 2016-29516 adopted.
Motion made by Commissioner Alemán; seconded by Commissioner Alemán; Voice
vote: 7-0. Cintya G. Ramos to handle.
Jimmy L. Morales, City Manager, introduced the item, which is the seventh amendment
to the Capital Budget to reflect capital items that have been addressed in the past few
months.
Cintya G. Ramos, Budget Director, introduced the items that will require funding
appropriation. The items are: the Espanola Way conversion for $1.9 million; the West
Avenue / Bay Road neighborhood project for $2.7 million; the Citywide tidal flooding
mitigation for $468,000; the 63 rd Street water main project for $61,000; and the
Cherokee Avenue Seawall for $142,000.
City Manager Morales stated that all of these projects and additions have been recently
approved by the City Commission.
Handouts and Reference Materials:
1. Ad No. 1176 published in The Miami Herald
6:25:37 p.m.
R7 B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER
AND AUTHORIZING THE CITY MANAGER TO APPROVE AND EXECUTE A WORK
ORDER WITH METRO EXPRESS, INC. (CONTRACTOR), IN THE AMOUNT OF
$1,691,134.67; PLUS TEN PERCENT OWNER'S CONTINGENCY IN THE AMOUNT
OF $169,113.47 FOR A TOTAL OF $1,860,248.14, FOR THE CONSTRUCTION OF
THE ESPANOLA WAY CONVERSION OF THE STREET TO A PERMANENT
PEDESTRIAN MALL PROJECT UTILIZING THE COMPETITIVELY BID NATIONAL
JOINT POWERS ALLIANCE (NJPA) COOPERATIVE CONTRACT; PARTIALLY
UTILIZING PREVIOUSLY APPROPRIATED FUNDS, AND SEEKING FUTURE
FUNDING AS PROPOSED UNDER THE 7TH AMENDMENT TO THE FY 15/16
CAPITAL BUDGET.
Capital Improvement Projects
ACTION: Resolution 2016-29517 adopted. Motion made by Commissioner Malakoff;
seconded by Vice-Mayor Grieco; Voice vote: 7-0. David Martinez to handle.
David Martinez, CIP Director, introduced the item, which is to begin construction on
reconfiguring Espanola Way as a pedestrian mall similar to Lincoln Road.
No further discussion.
After Action July 20, 2016 City of Miami Beach
Page 15
6:26:16 p.m.
R7 C A RESOLUTION RATIFYING A THREE (3) YEAR LABOR AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND THE FRATERNAL ORDER OF POLICE (FOP)
WILLIAM NICHOLS LODGE NO. 8., FOR THE PERIOD FROM OCTOBER 1, 2015
THROUGH SEPTEMBER 30, 2018; AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE AGREEMENT.
Human Resources
ACTION: Resolution 2016-29518 adopted. Motion made by Commissioner Alemán;
seconded by Commissioner Steinberg; Voice vote: 7-0. Sylvia Crespo-Tabak to
handle.
City Manager Morales stated that this is an agreement made with the Fraternal Order of
Police (FOP).
Sylvia Crespo-Tabak stated that this contract was ratified by 82% of the FOP members.
It was voted as a contract similar, where possible or appropriate, to the one reached
with the International Association of Fire Fighters (IAFF). It provides for a 1% Cost Of
Living Adjustment (COLA) effective April 1, 2016, a 3% adjustment effective on July 1,
2017, and a 3% adjustment effective on July 1, 2018. The City also secured pension
changes that will assist in keeping it sustainable. The normal retirement age will be
increased from 50 to 52 years of age. There will not be retiree COLAs during the first
four years in the Deferred Retirement Option Plan (DROP) entry on or before August
30, 2015. There will be a six-year maximum participation and entry on or after October
1, 2015, and a maximum of 8 years participation. Overtime is capped at 11% for any
employee who self-demotes. The compensatory time is the accrual rate, and is much
lower than before. Changes were also made to the promotional process, and the drug
and alcohol testing. If a law enforcement officer is unable to undergo a Breathalyzer
test, because of illness or any other factor, the City has the right to draw blood, which is
a significant accomplishment for management rights.
City Manager Morales stated that the mandate the City Commission gave was to reward
employees during better economic times for the sacrifices made during poor economic
times. He believes this contract is important, because it has pension reform and
significant management rights.
Mr. Bobby Jenkins, President of the Fraternal Order Of Police (FOP) William Nichols
Lodge No. 8, thanked the City Commission for undertaking such a difficult negotiation.
He expressed his thanks for the City’s recognition of the fallen Police Officers.
After Action July 20, 2016 City of Miami Beach
Page 16
7:31:30 p.m.
R7 D A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER
AND WAIVING, BY 517TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT,
FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND
APPROVING AMENDMENT NO. 4, SUBSTANTIALLY IN THE FORM ATTACHED TO
THIS RESOLUTION, TO THE AGREEMENT, DATED MAY 8, 2014, BETWEEN THE
CITY AND LIMOUSINES OF SOUTH FLORIDA, INC., FOR TURN-KEY OPERATIONS
AND MAINTENANCE SERVICES OF A MUNICIPAL TROLLEY SYSTEM FOR THE
CITY OF MIAMI BEACH; SAID AMENDMENT, AMONG OTHER THINGS,
INCREASING THE SCOPE OF THE AGREEMENT TO INCLUDE THE FOLLOWING:
(1) THE ADDITION OF ONE (1) BI-DIRECTIONAL ROUTE IN SOUTH BEACH FOR A
TERM OF SIXTY (60) MONTHS, COMMENCING AS OF THE ROLL-OUT DATE FOR
THE LOW-FLOOR TROLLEY VEHICLES; (2) THE ADDITION OF TWELVE (12) NEW
LOW-FLOOR TROLLEY VEHICLES FOR USE IN ALL CITY TROLLEY ROUTES; (3) A
NEGOTIATED NEW HOURLY RATE FOR THE LOW-FLOOR TROLLEY VEHICLES
AND ADDITIONAL ASSOCIATED SERVICES; (4) AUTHORIZING THE CITY
MANAGER TO APPROVE THE PURCHASE OF ADDITIONAL OPTIONAL
EQUIPMENT FOR THE LOW-FLOOR TROLLEY VEHICLES, AS MAY BE NEEDED IN
THE ADMINISTRATION'S DISCRETION, SUBJECT TO FUNDING AVAILABILITY; (5)
INCREASING THE ANNUAL COST OF THE AGREEMENT, FROM A NOT TO
EXCEED COST OF $6,700,000 TO A NOT TO EXCEED COST OF $12,000,000; AND
AUTHORIZING THE CITY MANAGER TO TERMINATE THE CURRENT INTERLOCAL
AGREEMENT WITH MIAMI-DADE COUNTY FOR THE SOUTH BEACH LOCAL
SERVICE IN CONNECTION WITH THE NEGOTIATION OF A NEW INTERLOCAL
AGREEMENT FOR THE SOUTH BEACH TROLLEY ROUTE; AND FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL
NEGOTIATED INTERLOCAL AGREEMENT AND THE AMENDMENT.
Transportation
Supplemental - Last updated on 7/19/2016
ACTION: Resolution 2016-29519 adopted. Motion made by Commissioner Arriola to
accept the City Manager’s recommendation; Seconded by Commissioner Alemán;
Voice vote: 6-1. Opposed: Commissioner Rosen Gonzalez. Jose Gonzalez to handle.
DIRECTION:
Accept the City Manager’s recommendation.
Jose Gonzalez, Transportation Director, introduced the item, which was brought back
from the last City Commission meeting in order to amend the agreement with the trolley
operator: Limousines of South Florida. This agreement does four things: 1. It
establishes a new route, the South Beach Trolley Route; 2. It provides for 12 low-floor
vehicles to be dispersed amongst all the routes to improve accessibility to wheelchair
passengers; 3. It extends the term of the agreement to 60 months from the rollout date;
and 4. It establishes a new hourly rate for low-floor trolleys. He stated the following
revisions to the rollout dates. For the Middle Beach route, the date is being revised from
September 1, 2016 to November 1, 2016. For the Collins Link route, the date is being
revised from October 1, 2016 to December 1, 2016. For the North Beach loop, the date
is being revised from November 1, 2016 to January 1, 2017. The rollout date for the
South Beach route will be revised from July 1, 2016 to September 1, 2017. These dates
represent the outer dates of the schedule; he and his team are comfortable with the
trolley operator to rollout service prior to these dates.
After Action July 20, 2016 City of Miami Beach
Page 17
Discussion held regarding the delay of the South Beach trolleys.
Commissioner Rosen Gonzalez stated that this is a five-year contract worth up to $12
million a year for trolley maintenance. She believes that City staffers were not provided
with adequate documents to review the contract. She suggested making this a six-
month contract, and at the end of that time, Limousines of South Florida has to come
back to the City Commission to renew the contract.
Vice-Mayor Grieco asked for clarification. The Alton West loop will be in perpetuity until
the South Beach trolleys rollout. The South Beach Local service will end on February 1,
2017, and the South Beach trolley service will not begin until September 1, 2017. Will
there be service for the months in between?
Mr. Gonzalez stated that he has been in discussions with Miami-Dade Transit, and they
have agreed to continue providing the local service until Miami Beach begins its South
Beach trolley service. The City and the County will enter into an Interlocal Agreement,
and this will be specified in writing.
Kathie G. Brooks, Assistant City Manager, explained that this amendment is subject to
the Interlocal Agreement with the County.
Alex Heckler, Esq., clarified that his client, Limousines of South Florida, is acquiring the
trolleys and maintaining the entire fleet. This was procured, and it is not a maintenance
agreement. The City is outsourcing the trolley purchase so that it does not have to buy
the trolleys for millions of dollars.
City Manager Morales explained that a great deal of the price changes and operating
dates were done because the City Commission gave direction to go ahead with the low-
floor trolleys.
Commissioner Alemán asked for clarification on whether there was a bidding process
for the trolley operators.
Commissioner Rosen Gonzalez believes that it is not fiscally responsible to give the
trolley operator a five-year $60 million contract. She added that the more she speaks to
the City’s seniors, the more complaints she hears about the trolleys being difficult to get
on and uncomfortable to ride.
Discussion held.
Commissioner Steinberg explained that this item came about because the City had
received many complaints from residents that the current trolleys make it difficult for
handicapped residents to board. The City Commission made a choice to go forward and
provide low-floor trolleys, in addition to the current high-floor trolleys.
Commissioner Malakoff visited Rebecca Towers recently with County Mayor Gimenez,
and many residents complained about the South Beach local because they have not
been stopping at the correct stops, the bus drivers were rude, the bus doors would
close before everyone could get on, etc. She is happy the City is providing the trolleys,
but she asked if cushions could be added to the seats to increase comfort.
Mark Levitt, Vice-President of Limousines of South Florida, stated that cushions would
be added to the new trolleys.
After Action July 20, 2016 City of Miami Beach
Page 18
Discussion held regarding the modified kneeling-trolleys.
Commissioner Alemán stated that it is not the City Commission’s choice to replace the
South Beach local. That service is stopping, the City needed to replace it, and it chose
to replace it with the trolley service. She added that there had been a bid, but what is
being done is extending that agreement.
Discussion held.
Gisela Torres, Assistant City Attorney, explained that the contract was competitive bid;
the waiver is only because the City exceeded the timeframe of the contract. The
decision was made to allow a full five-year term from the rollout date, so the fees could
be kept lower. That was the reasoning behind the competitive bid waiver.
City Manager Morales stated that this is part of his recommendation.
Motion made by Commissioner Arriola to accept the City Manager’s recommendation;
seconded by Commissioner Alemán.
City Manager Morales stated that they have to enter into an Interlocal Agreement with
the County; and reassured the City Commission that there will never be a disruption of
services.
Discussion continued.
Kathie G. Brooks, Assistant City Manager, at the request of Commissioner Alemán
listed all the City Commission meetings and Neighborhood/Community Affairs
Committee (NCAC) meetings this item had been discussed.
7:54:32 p.m.
R7 E A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE CITY MANAGER'S RECOMMENDATION OF
AECOM TO MODIFY THE METHODOLOGY FOR CALCULATING THE EQUIVALENT
RESIDENTIAL UNIT (ERU) FOR STORMWATER UTILITY USAGE, AND DIRECTING
THE CITY ADMINISTRATION TO DRAFT AN ORDINANCE AMENDING CHAPTER
110 OF THE CITY CODE TO IMPLEMENT THE MODIFIED ERU CALCULATION
FROM 791 TO 849 SQUARE FEET OF IMPERVIOUS AREA.
Public Works
Deferred from July 13, 2016 - R7GG
ACTION: Resolution 2016-29520 adopted by acclamation . Eric Carpenter to
handle.
DIRECTION:
Go with the dual residential tiers, and bring back the item as an Ordinance.
Eric Carpenter, Assistant City Manager/Public Works Director, stated that the item must
return in September as an Ordinance. He is asking for direction on how to proceed.
Vice-Mayor Grieco explained that historically in Miami Beach, if someone owned a
10,000 square foot mansion, or a 200 square foot apartment, people had to pay one
After Action July 20, 2016 City of Miami Beach
Page 19
Equivalent Residential Unit (ERU). This is now changing to a more equitable way to
determine storm water fees. This has been in the works for several years.
Mayor Levine stated that this is a great idea.
Commissioner Alemán agreed with Mayor Levine, but gave direction that the City
should use the second iteration where there are just two residential tiers versus four
tiers.
Camille Tharpe, Government Service Group, stated that Miami Beach has unique
characteristics. The numbers presented were not randomly picked. Many of the
condominiums have impervious areas, which makes it different from the rest of the
State.
7:58:14 p.m.
R7 F A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING THE INDIAN CREEK STORM WATER
IMPROVEMENTS FROM 26TH TO 41ST STREET (PROJECT), HAVING AN
ESTIMATED CONSTRUCTION COST OF $3,000,000, INCLUDING A 10 PERCENT
CONTINGENCY, AND FURTHER AUTHORIZING THE CITY MANAGER TO
PROCURE PROJECT CONSTRUCTION SERVICES UTILIZING THE
COMPETITIVELY BID NATIONAL JOINT POWERS ALLIANCE (NJPA) COOPERATIVE
CONTRACT FOR CONSTRUCTION SERVICES WITH THE GORDIAN GROUP.
Public Works
Deferred from July 13, 2016/ R7EE
ACTION: Resolution 2016-29521 adopted. Motion made by Commissioner Alemán;
seconded by Commissioner Steinberg; Voice vote: 7-0. Eric Carpenter to handle.
Eric Carpenter, Assistant City Manager/Public Works Director, stated that since there
will not be a City Commission meeting in August, he and his team have been working
diligently to get solutions in place for the upcoming Fall King-Tides, especially for the
Indian Creek area. The requested $3 million is an approximation for the National Joint
Powers Alliance Contracting Mechanism project to get us through September and
October; his team by then will need to return to the City Commission for additional
contracting mechanisms. Ultimately, this is a $25 million project, of which the State is
providing $20 million. This is money to protect the City from the King Tides.
Mayor Levine stated that he met with the Florida Secretary of Transportation the other
day, and he expressed his gratitude to FDOT for all of their assistance, and the
Transportation Secretary stated how pleased he has been seeing the progress taking
place in Miami Beach.
After Action July 20, 2016 City of Miami Beach
Page 20
6:39:17 p.m.
R7 G A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION TO BE HELD ON
NOVEMBER 8, 2016, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE
OF THE CITY OF MIAMI BEACH, FLORIDA AN ADVISORY, NON-BINDING STRAW
BALLOT QUESTION ASKING WHETHER THE MAYOR AND CITY COMMISSION
SHOULD ADOPT AN ORDINANCE STOPPING THE SALE AND CONSUMPTION OF
ALCOHOLIC BEVERAGES AT 2:00 A.M., INSTEAD OF 5:00 A.M., FOR ALCOHOLIC
BEVERAGE ESTABLISHMENTS LOCATED ON OCEAN DRIVE BETWEEN 5TH AND
15TH STREETS, EXCEPT FOR INDOOR PORTIONS OF ALCOHOLIC BEVERAGE
ESTABLISHMENTS THAT ARE COMPLETELY ENCLOSED AND LOCATED
ENTIRELY WITHIN HOTELS.
Office of the City Attorney
Mayor Philip Levine
Co-Sponsored by Commissioner Arriola
ACTION: Resolution 2016-29522 adopted. See motions below. Office of the City
Attorney to handle.
Clerk’s Note: See also item R9 H.
MOTION 1:
Motion made by Commissioner Rosen Gonzalez to remove all straw ballot questions;
seconded by Vice-Mayor Grieco. No vote taken.
MOTION 2, AMENDMENT TO MOTION 1:
Motion by Mayor Levine to Amend Motion 1 by removing all straw ballot questions
except the Ocean Drive straw ballot question; Seconded by Commissioner Arriola.
Voice-vote: 5-2. Opposed: Vice-Mayor Grieco and Commissioner Rosen Gonzalez.
MOTION 3:
Motion made by Commissioner Arriola to approve the Resolution to place a straw ballot
regarding the 2:00 a.m. cutoff for the sale of alcoholic beverages by Ocean Drive
establishments, and in 60 days come back with a compromise to improve Ocean Drive
in the interim; seconded by Commissioner Malakoff. Voice-vote: 4-3. Opposed: Vice-
Mayor Grieco and Commissioners Rosen Gonzalez and Steinberg.
Mayor Levine invited Mr. Jerry Powers to address the City Commission regarding the
current state of Ocean Drive.
Jerry Powers, Ocean Drive Magazine Founder, stated that he would not name his
magazine Ocean Drive if he were founding it today. He believes Ocean Drive has
deteriorated to the point of embarrassment. He recalled what Ocean Drive used to be,
and insisted Ocean Drive should upscale and re-embrace its former glamour. He shared
the recent experience a friend of his had at an Ocean Drive hotel, in which his room was
robbed and was told by Police that this happens frequently. People who invest in Miami
Beach have a huge stake in this street.
Commissioner Arriola stated that people are not happy with Ocean Drive. He believes it
has been getting worse for the past two decades. The City needs to take bold action to
get things under control. He is afraid if nothing is done soon, the situation may be
irreversible. He is in favor of asking the publics’ opinion via a straw ballot.
After Action July 20, 2016 City of Miami Beach
Page 21
Mayor Levine stated that between now and September, the City Commission should be
open to great plans and compromises. He encouraged everyone to listen to the
community, and work for the common goal of making Ocean Drive better.
Commissioner Rosen Gonzalez stated that there are currently seven straw ballot
proposals. She is generally in favor of listening to the public, but she does not believe
this is a “yes” or “no” question; it is a complex situation that will require properly
educating the public. She would prefer increasing the Police presence to patrol Ocean
Drive and enforce the laws. She recalled her experience on Ocean Drive walking
around with an alcoholic open container as a test and hoping someone would reprimand
her for doing so, but no one did. She believes the problem stems from the top. The
Mayor, City Manager, and City Commissioners are not motivated enough to enforce the
City’s laws. She mentioned the positive changes that are taking place on Ocean Drive,
such as the efforts of Code Compliance, Park Ranger initiative in Lummus Park, and
she hopes the Police Department will provide an additional five Police Officers for
Ocean Drive.
Motion made by Commissioner Rosen Gonzalez to remove all straw ballot questions;
seconded by Vice-Mayor Grieco.
Discussion held.
Commissioner Steinberg stated that she does not want policy being disrupted by
politics.
Mayor Levine stated that there are many good proposed straw ballot questions up for
consideration today, and he would like the City Commission to go over each one, and
decided whether to keep them.
Vice-Mayor Grieco expressed his concern about governing by referendum. He is
worried that given that this is a Presidential Election (November 8, 2016), there will be
more than double the usual amount of voters, many of whom will not be well informed
on current City issues. He addressed the City Commission and stated that as elected
officials, it is up to them to make the difficult decisions, and stand by them.
Commissioner Malakoff stated that she finds Vice-Mayor Grieco’s comments
disingenuous. She asked why he placed five straw ballot items if he is so against them.
Straw ballots can be used for difficult issues that the City Commission would like
resident feedback. Ocean Drive is clearly deteriorating, if the residents agree on this
initiative, the City Commission can move forward with changes that are more drastic.
Commissioner Alemán stated that there are better ways of getting public input, but she
is not against straw ballots. Straw ballots are about popularity, and she may disagree
with the result when it is her time to vote on the item from the dais.
Commissioner Steinberg believes the long lines at the polls may put people off from the
ballot questions. She expressed her worry about the general philosophy of putting items
on ballots.
Mayor Levine offered a friendly amendment to disregard all ballots except the Ocean
Drive ballot question.
City Attorney Aguila read the titles of all items up for straw ballots.
After Action July 20, 2016 City of Miami Beach
Page 22
Discussion held.
City Attorney Aguila stated that the Miami-Dade County Elections Department needs to
have all ballot questions approved and submitted to them by August 9, 2016.
City Clerk Granado stated that the next City Commission meeting is on September 14,
2016, by then it may be too late to send and/or remove ballot questions from the ballot.
Mayor Levine suggested scheduling a meeting in August to determine if the Ocean
Drive ballot question should be removed from the November 8, 2016 ballot.
Commissioner Arriola stated that he hopes a comprehensive plan can be reached that
everyone will be comfortable with.
City Clerk Granado stated that he would reach out to the Miami-Dade Elections
Department, and inform the City Commission of the deadline to remove a ballot from the
November 8, 2016 General Election via LTC.
Motion by Mayor Levine to remove all ballot questions except the Ocean Drive ballot
question; Seconded by Commissioner Arriola. Voice-vote: 5-2. Opposed: Vice-Mayor
Grieco and Commissioner Rosen Gonzalez.
Motion made by Commissioner Arriola to approve the Resolution to place a straw ballot
regarding the 2:00 a.m. cutoff for the sale of alcoholic beverages by Ocean Drive
establishments, and in 60 days come back with a compromise to improve Ocean Drive
in the interim; seconded by Commissioner Malakoff. Voice-vote: 4-3. Opposed: Vice-
Mayor Grieco and Commissioners Rosen Gonzalez and Steinberg.
Mayor Levine appointed Commissioner Arriola to be the lead negotiator on Ocean
Drive. A consensus was reached by the City Commission that if a viable agreement is
reached regarding improving Ocean Drive, the City Manager has the permission to call
a Special Meeting in August for the City Commission to consider whether to remove the
Ocean Drive straw ballot question from the November 8, 2016 General Election.
Commissioner Alemán stated that she would be traveling in August, and listed what she
would like Commissioner Arriola to consider in the Ocean Drive negotiations.
R7 H A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION TO BE HELD ON
NOVEMBER 8, 2016, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE
OF THE CITY OF MIAMI BEACH, FLORIDA AN ADVISORY, NONBINDING STRAW
BALLOT QUESTION ASKING WHETHER THE MAYOR AND CITY COMMISSION
SHOULD WAIT FOR MIAMI-DADE COUNTY AND STATE OF FLORIDA APPROVAL
OF A RAIL CONNECTION ACROSS THE MACARTHUR CAUSEWAY, PRIOR TO
ENTERING INTO A FINAL AGREEMENT WITH THE STREETCAR DEVELOPER.
Office of the City Attorney
Vice-Mayor Michael Grieco
Addendum added on 7/19/2016
ACTION: Resolution not adopted . See action in R7G.
After Action July 20, 2016 City of Miami Beach
Page 23
R7 I A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA CALLING FORA SPECIAL ELECTION TO BE HELD ON
NOVEMBER 8, 2016, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE
OF THE CITY OF MIAMI BEACH, FLORIDA AN ADVISORY, NONBINDING STRAW
BALLOT QUESTION ASKING WHETHER THE MAYOR AND CITY COMMISSION
SHOULD APPROVE A MONTHLY STORMWATER UTILITY FEE INCREASE OF
APPROXIMATELY $6 PER RESIDENTIAL UNIT (OR EQUIVALENT RESIDENTIAL
UNIT), TO FUND A PORTION OF THE CITY'S PROGRAM TO RAISE STREETS AND
INSTALL STORMWATER PUMPS TO ADDRESS FLOOD MITIGATION AND SEA
LEVEL RISE.
Office of the City Attorney
Vice-Mayor Michael Grieco
Addendum added on 7/19/2016
ACTION: Resolution not adopted . See action in R7G.
R7 J A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA CALLING FOR A SPECIAL ELECTION ON NOVEMBER 8, 2016,
FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF
MIAMI BEACH, FLORIDA AN ADVISORY, NONBINDING STRAW BALLOT QUESTION
ASKING WHETHER THE MAYOR AND CITY COMMISSION SHOULD ADOPT AN
ORDINANCE REQUIRING THAT ANY INCREASE IN ZONED BUILDING HEIGHT,
EXCEPT FOR VARIANCES NO GREATER THAN THREE FEET AND HEIGHT
REGULATION EXCEPTIONS IN CITY CODE SECTION 142-1161, BE SUBJECT TO
6/7THS APPROVAL BY VOTE OF THE CITY COMMISSION, AND FURTHER THAT
SUCH ORDINANCE SHALL NOT BE REPEALED OR AMENDED UNLESS ALSO
APPROVED BY 6/7THS VOTE OF THE CITY COMMISSION.
Office of the City Attorney
Vice-Mayor Michael Grieco
Addendum added on 7/19/2016
ACTION: Resolution not adopted . See action in R7G.
R7 K A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA CALLING FORA SPECIAL ELECTION TO BE HELD ON
NOVEMBER 8, 2016, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE
OF THE CITY OF MIAMI BEACH, FLORIDA AN ADVISORY, NONBINDING STRAW
BALLOT QUESTION ASKING WHETHER THE CITY SHOULD CONTINUE TO
DISCUSS THE DEVELOPMENT OF A HEADQUARTER CONVENTION HOTEL IN THE
VICINITY OF THE MIAMI BEACH CONVENTION CENTER.
Office of the City Attorney and
Vice-Mayor Michael Grieco
Addendum added on 7/19/2016
ACTION: Resolution not adopted . See action in R7G.
After Action July 20, 2016 City of Miami Beach
Page 24
R7 L A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA CALLING FORA SPECIAL ELECTION TO BE HELD ON
NOVEMBER 8, 2016, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE
OF THE CITY OF MIAMI BEACH, FLORIDA AN ADVISORY, NONBINDING STRAW
BALLOT QUESTION ASKING WHETHER THE CITY SHOULD CONSTRUCT A NEW
FIRE STATION ("FIRE STATION PROJECT") ON THE SOUTH PARKING LOT OF
FLAMINGO PARK TO REPLACE THE EXISTING FIRE STATION NO. 1, LOCATED AT
1050 JEFFERSON AVENUE, WHICH FIRE STATION PROJECT WOULD ALSO
INCLUDE PARKING AND THE CONSTRUCTION OF A NEW POLICE ATHLETIC
LEAGUE ("PAL") FACILITY REPLACING THE EXISTING PAL FACILITY AT 999 11TH
STREET.
Office of the City Attorney
Vice-Mayor Michael Grieco
Addendum added on 7/19/2016
ACTION: Item withdrawn by Vice-Mayor Grieco.
R7 M A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA CALLING FORA SPECIAL ELECTION TO BE HELD ON
NOVEMBER 8, 2016, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE
OF THE CITY OF MIAMI BEACH, FLORIDA AN ADVISORY, NONBINDING STRAW
BALLOT QUESTION ASKING WHETHER THE MAYOR AND CITY COMMISSION
SHOULD ENACT AN ORDINANCE REQUIRING THAT ANY INCREASE IN ZONED
BUILDING HEIGHT EXCEPT FOR (1) VARIANCES NO GREATER THAN THREE
FEET, (2) HEIGHT REGULATION EXCEPTIONS IN CITY CODE SECTION 142-1161,
AND (3) FUTURE HEIGHT INCREASES TO MITIGATE OR PROTECT AGAINST THE
IMPACTS OF INCREASED FLOODING DUE TO SEA LEVEL RISE, REQUIRE A 6f7TH
VOTE OF THE CITY COMMISSION, AND FURTHER THAT SUCH ORDINANCE
SHALL NOT BE REPEALED OR AMENDED UNLESS ALSO APPROVED BY A 6/7
VOTE.
Office of the City Attorney
Commissioner Ricky Arriola
Addendum added on 7/19/2016
ACTION: Resolution not adopted . See action in R7G.
7:59:53 p.m.
R7 N A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
SUSTAINABILITY AND RESILIENCY COMMITTEE TO SUPPORT FLORIDA
AMENDMENT 4 (2016), WHICH AMENDMENT SHALL BE SUBMITTED TO
FLORIDA’S VOTERS ON AUGUST 30, 2016, IN ORDER TO SUPPORT TAX
REDUCTIONS ON SOLAR ENERGY EQUIPMENT AND PROMOTE THE USE OF
SOLAR ENERGY IN FLORIDA.
Sustainability & Resiliency Committee
Addendum added on 7-20-16
ACTION: Resolution 2016-29523 adopted. Motion made by Commissioner Steinberg;
seconded by Commissioner Malakoff; Voice vote: 7-0. Elizabeth Wheaton to handle
and transmit resolution.
After Action July 20, 2016 City of Miami Beach
Page 25
Commissioner Steinberg explained that this item is to urge voters to vote on
Amendment 4.
Clerk’s Note: The sponsor of this item is the Sustainability & Resiliency Committee.
R9 - New Business and Commission Requests
R9 A RECONSIDERATION OF AGENDA ITEM R7S (LIGHT RAIL MODERN STREETCAR
PROJECT) APPROVED AT THE JULY 13, 2016 CITY COMMISSION MEETING.
Commissioner John Elizabeth Alemán
Supplemental - updated on 7/20/16
ACTION: Item withdrawn by Commissioner Alemán. See also discussion with item R9
L.
Handouts and Reference Materials:
1. Email from David Custin custindr@davidrcustin.com , dated July 19, 2016 RE: July 20 Agenda
Item #R9 A Reconsideration of Recc. Related to Proposal Requirements Document (PRD) No.
2016-071-KB.
2. Email from Jimmy Morales to Raul Aguila and David Custin dated July 18, 2016 RE: #R9 A
Reconsideration of Recc. Related to Proposal Requirements Document (PRD) No. 2016-071-
KB.
3. Email from David Custin custindr@davidrcustin.com , dated July 18, 2016 at 11:48 AM, RE: Item
#R9 A Reconsideration of Recc. Related to Proposal Requirements Document (PRD) No. 2016-
071-KB.
4. Email from Raul Aguila to David Custin and Jimmy Morales, dated July 18, 2016 RE: Item #R9
A Reconsideration of Recc. Related to Proposal Requirements Document (PRD) No. 2016-071-
KB.
5. Email from David Custin custindr@davidrcustin.com , dated July 18, 2016 at 12:20 PM to Raul
Aguila and Jimmy Morales RE: Item #R9 A Reconsideration of Recc. Related to Proposal
Requirements Document (PRD) No. 2016-071-KB.
6. Memorandum from Commissioner John Elizabeth Alemán dated July 19, 2016 to Rafael
Granado, City Clerk, RE: Streetcar Project Item R9 A 07/20/2016 Commission Agenda
withdrawing motion to reconsider with respect to the Lightrail/Modern Streetcar Project Item R9
A.
7. Email from David Custin custindr@davidrcustin.com , dated July 20, 2016 to Rafael Granado
and Raul Aguila, RE: Greater Miami Tramlink Partners – Miami Beach Streetcar.
8:00:25 p.m.
R9 B DISCUSSION ITEM ON COLLINS PARK PARKING GARAGE OPTIONS.
Office of the City Manager
ACTION: Discussion held. Motion made by Commissioner Alemán to give direction for
Option 2, which is to reject the unsolicited proposal, pursue the garage on the site west
side of Liberty Avenue, targeting 400 parking spaces minimum, and issuing an RFP for
future development of workforce and artists housing on the site east of Liberty, with a
ground retail to accommodate the sea level rise standards that have been utilized by the
City lately; seconded by Vice-Mayor Grieco; Voice vote: 7-0. David Martinez to handle.
After Action July 20, 2016 City of Miami Beach
Page 26
Mayor Levine recommended giving direction, but deferring the item to the September
14, 2016 Commission Agenda.
Kathie G. Brooks, Assistant City Manager, explained that staff is seeking direction from
the City Commission. At the last Commission meeting, the Commission rejected the
unsolicited proposal, and at the June meeting, they had come forth with programming
recommendations for the Collins Park Garage, spanning both City lots east and west of
Liberty Avenue. An alternative proposal to expedite the project is doing the garage on
the lot to the west of Liberty, and separately putting out a P3 project for the lot to the
east for development of workforce housing component.
Commissioner Alemán suggested Option 2, to pursue the garage on the west side of
Liberty Avenue, and issue an RFP for P3 for workforce, accommodating the artist
housing and other ideas discussed. She wants this to move forward due to the severe
parking shortage there. The CANDO District was just created and the demand for
parking exists.
Ray Breslin, on behalf of Collins Park Homeowners Association, informed the
Commission that the HOA met last night and they voted in supporting of building a
garage behind Miami City Ballet, with a separate building; the HOA voted that they do
not want a connection or bridge over Liberty Avenue.
Commissioner Rosen Gonzalez does not want to throw away the Zaha Hadid option.
She thinks it is an iconic option and they have allocated the money, and maybe they
can negotiate the pricing to come up with another rendering.
Discussion held.
Vice-Mayor Grieco suggested moving forward with Option 2, with the flexibility to utilize
the garage across on the east side of the street, as there are unique opportunities to do
something there to provide parking to satisfy the demands.
Commissioner Arriola is in support of doing a Zaha Hadid project, but does not want the
neighbors waiting any longer and his colleagues feel the same. He wants to ensure that
there is artist type housing; and that the retail accommodates cultural center or arts
organization as an anchor tenants.
Discussion continued.
David Martinez, CIP Director, clarified that they do not have an issue with Option 2, but
the height, in order to maximize the parking, now that they are increasing the separation
between floors to accommodate any future adaptation to the building in the future; they
may or may not make it in the 50 feet. If 400 spaces is going to be the minimum they
are seeking, they have to come back for a waiver of height.
Jimmy L. Morales, City Manager, recommended bringing the design first.
Commissioner Steinberg asked if David Martinez could bring information that is more
detailed on the waiver of heights in September. David Martinez to handle.
Discussion held regarding adding extra height.
After Action July 20, 2016 City of Miami Beach
Page 27
Motion made by Commissioner Alemán to give direction for Option 2, which is to reject
the unsolicited proposal, pursue the garage on the site west side of Liberty Avenue,
targeting 400 parking spaces minimum, and issuing an RFP for future development of
workforce and artists housing on the site east of Liberty, with a ground retail to
accommodate the sea level rise standards that have been utilized by the City lately;
seconded by Vice-Mayor Grieco; Voice vote: 7-0. David Martinez to handle.
08:08:02 p.m.
R9 C DISCUSSION REGARDING FUNDING FOR THE AIR AND SEA SHOW.
Tourism, Culture, and Economic Development
Mayor Philip Levine
ACTION: Discussion held. See motions and amendment below. Max Sklar to handle.
MOTION
Motion made by Commissioner Arriola instructing the City Attorney to notify the vendor
about how the City is interpreting the contract, give the vendor an estimate, and if the
vendor does not agree with the interpretation within 14 days, put the vendor in default;
seconded by Commissioner Malakoff. Voice-vote: 6-1. Opposed: Vice-Mayor Grieco.
AMENDMENT TO MOTION
Commissioner Alemán offered a friendly amendment to work with the vendor for a one-
week period to sharpen the numbers, and there was consensus to accept the
amendment.
RECOMMENDATIONS
By Acclamation, put aside $650,000 in one-time resort surplus revenue this year as a
placeholder, and in September they can lower that during the budget hearings, if the
number is different.
City Manager Morales gave a brief background summary of the item and explained that
the Administration was directed to come back with more information after talking to the
Air & Sea Show operator. The Administration was requesting to take one-time resort tax
surplus this year of $650,000 to budget, to reserve as a placeholder for what it was
thought to be the City’s share of the cost. Additional costs incurred in connection with
the Air & Sea Show, mostly due by the fact that it is a daytime event, from 9:00 a.m. to
4:00 p.m., rather than a night show. They put forth a very conservative investment of
$1.5 million, with the notion being in the formula of the contract with the first $200,000
above being the responsibility of the vendor, and then after that is 50/50 between the
City and the vendor; therefore, they calculated the City’s share to be $650,000. The
Administration met with the vendor to ensure the vendor was prepared to provide
assurance about his commitment to pay that, and the vendor disagreed with the
estimates; the vendor thinks it can be done for less. The vendor offered his help in
getting there and in identifying extra law enforcement personnel from other counties.
However, regardless of the ultimate amount to be spent, the vendor does not agree with
the City’s interpretation that the vendor is responsible for that, until City spends the
same amount on his Show as the City spent for Memorial Day. He reads the language
to mean that to the extent the City spent $1.5 million on this past Memorial Day; the City
would have to spend an additional $1.5 million in connection with the Air & Sea Show,
before the vendor’s obligation commences. Therefore, there is a difference of
interpretation there. The vendor’s position was that he could never agree to that, as his
After Action July 20, 2016 City of Miami Beach
Page 28
show does not generate that kind of income. City Manager Morales is looking for
direction as to how to proceed.
Mayor Levine asked City Attorney Aguila to opine, and suggested that if the vendor is
not going to live up to his obligation and pay for the estimated cost and guarantee it, the
Mayor would make a motion to put the vendor in default and look towards getting the
City out of the contract.
Raul J. Aguila, City Attorney, explained that he read the contract to interpret that the
reimbursement of the expenses for the Air & Sea Show is 1) what the City spent for
Memorial Day for the immediately preceding calendar year, with certain adjustments for
CPI (Consumer Price Index); then, the Air & Sea Show agreed to pay up to a maximum
of $200,000. After that, if there are costs in excess of that, it is a 50/50 split. That is how
the City Attorney believes the reimbursement should occur. There is also a provision in
the contract, in the City’s favor, which states that in the event of a disagreement
between the City and the Air & Sea Show regarding the budget of the public safety plan,
the City Manager’s decision shall be final. The City Manager agrees the manner in
which the Office of the City Attorney interprets the contact. At this point, City Attorney
Aguila recommends that if the City Commission wants to make a motion to contact the
Air & Sea Show with a formal letter acknowledging 1) the City’s position and their
agreement, and failing that there is a default provision in the agreement, which provides
formal notice to them and allows them 30 days to formally cure. At that point, if there is
a dispute, the parties can go to mediation. If the Show does not agree with the manner
in which the City is interpreting the contract, it represents an additional cost for the City
that was not budgeted and they need to let them know of a potential default under the
contract and give them an opportunity to cure, which the vendor is entitled to under the
contract.
Commissioner Alemán stated that for Memorial Day Weekend they discussed how
much security and sanitation requirements they already have; she recalls, in talking to
the vendor, was that whatever was incrementally going to be incurred, over and above
what the City already incurred, that they may be responsible for that, and the vendor
agreed to that. The incremental amount is about a million and a half dollars for an event
during the day, which to her is a celebration to veterans, family and friends. She does
not believe in the $1.5 million figure, but has not been able to see the details. She
requested proof of that figure before voting in favor of pursuing the event, although the
vendor is a very reputable provider, and has a great reputation. She is not sure the
number is correct. She suggested giving the parties time to discuss the numbers, and
dig into the details.
City Attorney Aguila added that there is a difference of opinion between the parties as to
the way the reimbursements are calculated in the contract, whatever the number is. City
Attorney Aguila stated that this difference in contract interpretation should be raised with
the vendor sooner rather than later.
Commissioner Arriola asked what the calculations of estimated costs are. Whatever the
number, what are the timing of payments. He is concerned that the vendor will not be
able to pay.
City Attorney Aguila explained that 30 days prior to the City allowing access to the event
site, the vendor has to post a bond in the amount of 110% of the estimated cost of the
services, including services for public safety, maintenance, clean-up, utility connections,
breakdown, etc., and that has to happen prior to the City authorizing them to use the
After Action July 20, 2016 City of Miami Beach
Page 29
site. The bond is the City’s security for payment. In terms of the costs actually incurred,
the vendor has to pay the City within 14 days of receipt of an invoice. In answering
Mayor Levine, City Attorney Aguila explained what was intended, as this is Memorial
Day Weekend, and the event site is large, is not to provide the vendor access to the
event site well in advance, as that would disrupt the City.
City Manager Morales added that under the contract, no later than 120 days prior to the
event, they have to work with the vendor to prepare a public safety plan that not only
covers the specific limited event site, in which the vendor is responsible for all costs,
between 14 th and 10 th Streets, but also covers the broader events site that public safety
plans. The vendor needs to work with all departments involved, as this is the first time
the City holds this event. The numbers that come out of that plan, to the extent vendor
asks for anything beyond that plan, and then the contract says the vendor has to post a
bond for those extras. The dispute is that there is a subsequent paragraph in the
document that states that with respects to the costs above, there is a formula that
applies, and that formula says “to the extent the City ends spending more than the
amount the City currently spends, then the first $200,000 is the responsibility of the
vendor, and then 50/50U” and the vendor interprets that provision differently than the
City.
Mayor Levine suggested someone make a motion that tells the City Attorney to send a
letter to this vendor, letting the vendor know that this is the City’s interpretation of the
contract, and give the vendor a period of time to respond to agreeing with the contract,
and if they do not agree, to notify the vendor and put the vendor in default.
Commissioner Steinberg stated that the issue is that the there is a difference of
interpretation in the contractual agreement and obligations.
Raul J. Aguila, City Attorney, stated that there is a difference of opinion between the
parties’ respective shares for event expenses.
Discussion continued regarding expenses.
Commissioner Malakoff stated that the vendor has a great deal of experience. Memorial
Day brings large crowds to the City. Her understanding is that the Air & Sea Show will
bring huge crowds, and she thinks that is why there are so many additional expenses.
Discussion continued.
Commissioner Arriola states that the vendor is disagreeing with the City’s cost and is
disagreeing with the interpretation of the contract. This is a strong indicator of a
problem.
City Attorney Aguila added that if the vendor agrees with the level of public safety or its
plan, then the City Manager’s decision is final under the contract. The issue the City
Attorney would like to meet with the vendor is regarding the reimbursement. According
to the contract, the City is paying for the initial cost, for whatever the cost was to do
Memorial Day last year. After that, the vendor is responsible for a maximum of
$200,000, and then each party is responsible for 50/50, whatever the number is.
However, prior to the City turning the site over, the vendor has to post the bond for
110% of all the costs, 30 days prior to that.
Mayor Levine suggested sending the vendor a letter putting the vendor in default.
After Action July 20, 2016 City of Miami Beach
Page 30
Discussion continued.
Commissioner Malakoff added that if there are questions about the contract before the
event is planned, it raises red flags. The vendor is disputing what the contract says.
Commissioner Malakoff made a motion to send a letter to the Air & Sea Show vendor
clarifying and making sure that the vendor is on the same page as the City.
Vice-Mayor Grieco stated that the number the City came up with is ridiculous; it is an
arbitrary number. Conservative means on the high side, and Mr. Markoff and the
producers of this event (the vendor) want to be in the Miami Beach business; it is a
potentially renewable contract. Mr. Markoff has been in conversations with the City of
Miami and Miami-Dade County regarding their contributions, so it is a much larger
conversation. Before sending default letters, Vice-Mayor Grieco agrees with
Commissioner Alemán that they must have a better number for collaboration.
Mayor Levine asked Police Chief Oates to explain if the conservative numbers are high.
Chief Oates stated that the final number can vary greatly and among the considerations
are where to get the Police Officers, and if the City will pay for them, depending if the
County pays for Police Officers or if there is overtime cost that the City is expected to
pay for. He spoke to Juan Perez, Miami-Dade Police Director, about the potential of the
event, and they concluded that they have to make it work, so there will be planning
required. The transportation plan, if it works, is not included, and depending on how that
plan works, it may be labor intensive for Police Officers. It is a conservative very broad
early estimate. There is a great deal more work to do.
Mayor Levine thinks the numbers can vary, and that is fine, but unfortunately, the
vendor is concerned with the interpretation of the contract. If this event is at a great cost
to the City, the Mayor wants to know now. He likes the Air & Sea Show, but he does not
love it enough to tell the City tax payers that they have to subsidize a for profit business.
Mayor Levine recommends that someone make a motion and a second to tell the
vendor the City’s interpretation, and for the vendor does not agree with the City’s
interpretation of the contract put the vendor in default.
Discussion continued.
Motion made by Commissioner Arriola instructing the City Attorney to notify the vendor
about how the City is interpreting the contract, give the vendor an estimate, and if the
vendor does not agree with the interpretation within 14 days, put the vendor in default;
seconded by Commissioner Malakoff.
Discussion continued.
Commissioner Alemán suggested giving the vendor a window to sit with the
Administration for one week and work with the $1.5 million costs. The City wants to be a
good partner; if the number given is conservative and not in his favor, do we expect
them to put that money into an account without working the figures.
City Manager Morales stated that the exercise was done for budgeting purposes, and
they requested budgeting a one-time fund of $650,000, which is the City’s share under
the formula under the worst-case scenario. In conversations with the vendor, there is a
great deal of work to be done within the next few months to put together the safety plan,
among them where the law enforcement personnel will come from. If it is collectively
After Action July 20, 2016 City of Miami Beach
Page 31
successful, and they find the personnel for the daytime paid under mutual aid
agreement by other agencies that is a huge cost reduction.
Commissioner Alemán requested to include, before the time period described in
Commissioner Arriola’s motion, a window where they sit down at the table with vendor
and work on a better figure, and then at that point, they need to have this term.
Commissioner Malakoff added that the vendor just does not agree with the terms of the
contract and he interprets the contract differently; that is what needs clarification.
Mayor Levine suggested getting the vendor to agree with the contract and then work
with the numbers.
Discussion held.
Commissioner Alemán offered a friendly amendment to Commissioner Arriola’s motion
to work with the vendor for a one-week period to sharpen the numbers, and there was
consensus.
Vice-Mayor Grieco added that if there is a lawsuit, the shorter the time period given, the
more the City Commission is showing that it is acting in bad faith, if there is a lawsuit.
Mayor Levine suggested giving the vendor a 30-day cure period.
City Manager Morales asked to put at least a placeholder of what the City’s cost would
be for budget purposes. His recommendation was to put aside $650,000 in one-time
resort surplus revenue this year, as a placeholder, and in September, they can lower
that during the budget hearings if the number is different.
Commissioner Arriola stated that $650,000 is a high number to budget for what is
already going to be a busy weekend.
Discussion continued.
Vice-Mayor Grieco added that they are only putting the funds as a placeholder for a
one-time event regarding resort tax dollars; this money can be reallocated if not used.
City Manager Morales recommended $650,000.
Mayor Levine stated that if the cost was $1.5 million, and the vendor is responsible for
$200,000 that leaves $1.3 million; that is the agreement signed, so the City would come
up with $650,000. They have to honor the agreement signed.
8:39:16 p.m.
R9 D UPDATE REGARDING THE CERTIFICATION OF SIGNED PETITIONS SUBMITTED
BY "SAVE MIAMI BEACH 2016," A POLITICAL COMMITTEE, PETITIONING THE CITY
COMMISSION TO SUBMIT TO THE ELECTORS OF MIAMI BEACH AN AMENDMENT
TO SECTION 1.03 OF THE MIAMI BEACH CITY CHARTER.
Office of the City Clerk
Supplemental - updated on 7/18/2016 & 7/19/2016
ACTION: Discussion held. See comments with R9 E. Rafael E. Granado to handle.
After Action July 20, 2016 City of Miami Beach
Page 32
Raul J. Aguila, City Attorney, summarized that there is an update from the City Clerk,
which was transmitted via LTC that with regard to the Save Miami Beach 2016’s initiative
petition, 4,812 signatures were submitted by the petitioner to the City Clerk, who
transmitted them to the Miami-Dade County Elections Department for validation. They
need 4,458 qualified electors of the City signing the petition to call for an election to
amend the City Charter. In this case, we received a letter from Miami-Dade County
Elections Department on July 18, 2016 stating that only 2,300 of the 4,812 signatures
submitted were certified as matching the signatures on the voter rolls of the City of
Miami Beach. Therefore, at this time, the petitioner has not met the requirements for
placing an initiative petition on the November 8, 2016 ballot. Under City Charter 7.05, the
petitioner has 30 days from being notified by the County, which is August 17, 2016, to
submit additional petitions to qualify for the required number of signatures. This means
that at this point, having failed to get the requisite number of signatures, the petitioner
has an additional time period until August 17, 2016, to submit additional signatures for
the City Commission to consider the ballot question and call for a Special Election if
certified. At this time, the petitioner has not met the requirements for putting this before
the City Commission for approval of the ballot measure and for placing this on the
November ballot.
Additionally, City Attorney Aguila announced that he had included his legal opinion,
which he provided copies of to the petitioner, in the July 19, 2016 Supplement, Page
327. City Attorney Aguila recapped his legal opinion. City Attorney Aguila read the
petitioners proposed Charter amendment into the record, “The maximum building height
in any zoning district within the City of Miami Beach shall not be increased by zoning or
land development regulation, text or map amendment, transfer, or any other means from
its current maximum building height as it exists on the date of adoption of this Charter
Amendment, except for variances no greater than three feet, and height regulation
exceptions in City Code section 142-1161 in existence on January 1, 2016, unless any
such increase in maximum building height shall first be approved by a vote of the
electors of the City of Miami Beach. This provision is effective on the date of its approval
by the electors of Miami Beach.” City Attorney Aguila stated that In addition to the fact
that there are not enough signatures, so the City Commission is not obligated to
consider a ballot measure at this time, the City Attorney has to look at the ballot question
itself, to determine whether the ballot question is Constitutional in its entirety. In looking
at this ballot question, which says “that any height increase except for variances under
three feet, and Code exceptions that are already in Section 142-1161 in existence on
January 1, 2016, has to be approved by a majority vote of the votersU”, in his opinion
this ballot question violates Florida Statute 163-3178, and that statutory provision
provides that an initiative or referendum process with regard to any development order is
prohibited. While the Florida Constitution has given the citizens the right to place
initiative petitions on certain measures, this specific statute has prohibited either initiative
or referendum question with regard to development orders. In his opinion, the issue of
height, the determination of height, which to him is an essential element of zoning,
pertains to a development order. To summarize the legal opinion transmitted, which is
on the Agenda and is a public record, he believes the petition 1) it violates the Florida
State Statute, and 2) because the Florida Constitution only says that you can only have
initiative and referendum as provided by law, and this is expressly prohibited by law, in
his opinion, it is unconstitutional; meaning that if and when this petition is certified and
the City Commission has to consider it at that time, the City Attorney opines that the City
Commission can opt not to place it on the ballot at that time. The only way that this City
Commission cannot put a ballot measure on the ballot is if the measure is
unconstitutional in his entirety. Additionally, Save Miami Beach 2016 obtained 2,300
signatures, which is not even 50% of the requirement. The City Attorney’s legal opinion
After Action July 20, 2016 City of Miami Beach
Page 33
is not pertinent at this time, as the requirement for an initiative in the City Charter has not
been satisfied. City Attorney Aguila added that Item R9 E is an item that Commissioner
Rosen Gonzalez placed on the Agenda, in which she drafted a ballot question calling for
a Charter Amendment on height, and this measure proposes for this to be subject to
6/7 th votes of the City Commission. Because this ballot question deals with a
development order, and he has concerns that it violates the State Statute, and for that
reason, he does not think that it is a proper subject for an initiative or referendum. To
recap, the City Commission does not need to take action, and Save Miami Beach 2016
can continue to obtain signatures until August 17, 2016; if they do not collect the
requisite number of signatures by August 17, then they have to start all over again. The
issue of a legal opinion is not properly before you at this point, as Save Miami Beach
2016 has not obtained the necessary amount of signatures.
8:49:45 p.m.
R9 E DISCUSSION REGARDING PLACING A BALLOT QUESTION ON THE NOVEMBER 8,
2016 SPECIAL ELECTION, REGARDING A CHARTER AMENDMENT REQUIRING
APPROVAL OF 6/7TH VOTE OF THE CITY COMMISSION BEFORE ALLOWING ANY
INCREASE TO ANY MAXIMUM ZONED BUILDING HEIGHT.
Office of the City Attorney
Commissioner Kristen Rosen Gonzalez &
Co-Sponsored by Vice-Mayor Michael Grieco
Supplemental - Last updated on 7/18/2016
ACTION: Discussion held. See comments with R9 D. There is consensus to take action
on this legislatively, and bring back an Ordinance on first reading to the September 14,
2016 Commission Agenda. Office of the City Attorney to handle.
Mayor Levine stated that out of respect to Daniel Ciraldo, who spent a great deal of time
collecting signatures for this item, the City Commission should discuss this item.
Commissioner Kristen Rosen Gonzalez is proposing a compromise; it would require a
6/7 th vote of the City Commission to increase heights versus the currently existing 5/7 th
vote. Commissioner Rosen Gonzalez believes her proposal provides additional
assurances to the community. Commissioner Rosen Gonzalez stated that what she is
proposing is a fair compromise and she asked that this be placed on the November 8,
2016 ballot.
Commissioner Arriola commended Mr. Ciraldo for his efforts in collecting the signatures;
however, the required amount of signatures was not obtained, so this City Commission
is not obligated to take action. At the last Commission Meeting, Commissioner Alemán
worked with Thomas Mooney, Planning Department Director, to report what is actually
happening in regards to development. There are residents saying to stop the
overdevelopment, but people have no context or understanding of what FAR is or what
the protections they currently have in the City Charter to prevent high rises from
popping up. The numbers used were 15 height approval projects, from 2013 to 2016,
and it turns out that there were only seven; and half of them have not even been built,
including the MBCC hotel and the Collins Park Garage. He thinks there is no real fear of
overdevelopment, as it is very hard to get height approved in the City. 5/7 vote is
enough protection and there are other protections with the review of Land Use Boards.
Discussion held.
After Action July 20, 2016 City of Miami Beach
Page 34
Commissioner Alemán added that height variances in excess of three feet are not
allowed in the City, and any height increase comes in front of the City Commission as
an Ordinance change, and are also vetted by the Planning Department, after public
outreach and input. With the assistance of Planning Director Mooney research, we
know that there have only been seven height increases passed by the City Commission
since 2013, and they are as follows: Alton Road, 10 feet on the bottom floor to
accommodate sea level rise, Collins Park Parking Garage, Talmudic University on 41 st
Street to accommodate expansion, MBCC Hotel, Ocean Terrace, 87 th Park and 25 feet
on Washington Avenue to accommodate revitalization. The fact is that there is not a
problem to solve. The public has many opinions on this, and it is the City Commission’s
duty to represent all of the public. The problem with the 6/7 th vote is that it is unbalanced
and she is not in favor. The public has an emotional sense of overdevelopment, but
what is important is that they need to get to the root cause of that sentiment in the
community. There are many projects in the works, and perhaps they need to look at
those differently. In Save Miami Beach 2016’s proposal, there is no cap in the number
of private projects, commercial or residential; they do not limit the number as long as
people are building and renovating as of right. If they feel uncomfortable allowing the
community to build as of right, as to what they can do within the law, then maybe they
should talk about amending the Comprehensive Plan.
Commissioner Malakoff feels strongly about this, as she also believes that height is an
essential part of zoning in the City. It is the essence of development. Having served as
Chair of the Planning Board during the time that there was a major downzoning in the
City, it was essential. It is part of what they are supposed to be doing governing the
City. When elected in 2013, one of the biggest problems were mega mansions, large
homes overpowering neighborhoods and incompatible with their surroundings. One of
the first actions taken as a City Commission was to increase the setbacks, to reduce the
amount of coverage on individual lots, and to reduce the unit sizes from 70% to 50%.
That has helped, and she believes it is the way to proceed. Miami is building 80 story
buildings and Miami Beach is not talking about that, as Commissioner Alemán reported,
they are talking about Alton Road and a height increase that is to give opportunity to
build the first story higher for sea level rise purposes. To say that you cannot go above
three feet, just does not make sense, since sea level rise is already at eight flood
elevation plus 1 to 5 feet, so in the future buildings for commercial and residential are
going to be starting from a higher level from the base flood elevation. She thinks it is
wrong to put it on the ballot, and to make it 6/7 th vote, she believes it is also wrong, as
5/7 th is already a supermajority vote. There is a great deal of public misinformation, but
they must follow their Constitutional duty and move forward with the orders they are
responsible for.
Mayor Levine agreed with his colleagues and recognized Commissioner Alemán for her
presentation. He stated that this is a solution looking for a problem; he commented on
his own election by his qualifying via petition in 2013, and appreciates Daniel Ciraldo’s
efforts, but he interprets the outcome as if people did not love it; a great deal of the
signatures were not from Miami Beach, and those individuals do not have the same
understanding as Miami Beach residents when it comes to heights. Mayor Levine has
not received complaints on heights; he hears complaints about Ocean Drive and traffic,
but not on height. He applauds what Daniel Ciraldo is doing; he is doing it from the
heart; it is his passion, and he is not doing it to benefit from it. Mayor Levine
understands that, and in no way condemns it. In the last few years, studies have been
done though, and the overdevelopment that people perceive is because roads blocked
due to rising of the streets and putting in pumps to make the City resilient. This
construction is happening because they want to make Miami Beach viable for the next
After Action July 20, 2016 City of Miami Beach
Page 35
100 years. Alton Road and other roads are completed and the traffic is subsiding. In the
last three years, the City made a point to invest in its infrastructure; it is inconvenient,
but it is necessary. Perception is different from the reality of what is going on, and he
cannot support this.
Discussion held.
Commissioner Rosen Gonzalez thinks that there are a large number of concerned
citizens in the City and she receives hundreds of emails from them on the issue. She
thinks the height increase in North Beach that they are proposing to build another
Courtyard Marriot in North Beach is not the right direction to go. People will be upset
when they realize they are increasing density with the Talmudic project. Commissioner
Rosen Gonzalez thinks placing this on the ballot as an extraordinary supermajority is
appropriate because people are concerned. She commented on her qualifying via
petition and the process.
Discussion held.
Vice-Mayor Grieco added that the arguments used are the same that he was making
when they were talking about the Ocean Drive issue; they are picking and choosing
which issue to discuss. For him, this is not unprecedented; the City actually has another
situation that requires a supermajority vote, which is with the RDA. The RDA, made up
of seven Commissioners and County Commissioner Barreiro, requires by Charter rule
7/8 vote in order to sell or lease any non-waterfront properties in the RDA. It is not
unprecedented concept and he does not have a problem with this; that is why he co-
sponsored the item. He also receives emails on this and his neighbors speak
aggressively about this issue. People do complain about their worries that one day
Miami Beach may become like Sunny Isles. He is in support of the item.
Commissioner Steinberg suggested bringing an Ordinance back on first reading that
requires a 6/7 th vote.
Discussion continued.
Raul J. Aguila, City Attorney, stated that there is a State Statute on point that prohibits
initiatives and referendums with regard to development orders, and he thinks the intent
of the Statute is that there are certain things in zoning, which is an incredible complex
matter, and it is distinguishable from deciding whether to sell City property. Zoning is so
incredibly complex that the power of zoning needs to remain with the legislators and not
with the voters. He agrees with what Commissioner Rosen Gonzalez is saying, but just
because a referendum or initiative cannot be placed in the Charter, it does not mean
that the Commissioner cannot enact an Ordinance.
Vice-Mayor Grieco disagrees with City Attorney Aguila’s legal analysis, and explained
that the legal opinion regarding Mr. Ciraldo’s ballot initiative was an issue of every time
there needed to be a height increase it had to go to referendum; that is shirking the
City’s development responsibility and putting it on the voter. That is different from what
is being proposed here. The proposal is simply asking the electorate to change the
voting requirement at the dais, so that in the future, if there were a height increase it
would be within the control of the City Commission.
After Action July 20, 2016 City of Miami Beach
Page 36
Mayor Levine feels that he has no problem doing 6/7th vote if they make it 30 feet, so
there is a reasonable height; he will support that as an Ordinance, but he cannot
support this as it is at three feet.
Discussion continued.
Vice-Mayor Grieco stated this is a valid conversation; however, this it is not getting on
the ballot. If the goal is to try to make it that much more difficult to increase height,
within reason, he suggested coming up with something collaboratively, and with the
understanding that at a certain point it is going to require that much support from
elected officials in order to go forward.
Mayor Levine suggested bringing this back in September (September 14, 2016).
Commissioner Rosen Gonzalez made a motion to place the Charter amendment on the
ballot. No second offered.
Discussion held.
Commissioner Steinberg suggested coming back in September with the first reading of
an Ordinance with the 6/7 th language. (Office of the City Attorney to handle.)
Raul J. Aguila, City Attorney, stated that 1) the initiative is not in front of this City
Commission today; Mr. Ciraldo does not have the required signatures, although he has
30 additional days to collect additional signatures. He added that the Charter is the
City’s Constitution, and any amendment to the Charter should be viewed as an
amendment to the City’s Constitution and are not to be taken lightly; 2) regarding the
initiative petition, they open a door and send a message that it is acceptable to collect
50% of the amount of signatures, and place them on the ballot, even though the
requirements were not met for an initiative petition; 3) whether or not this should go as a
Charter amendment at all, or if it should be proposed by one of the elected officials in
the future, his only concern is that they do not want to open an unintended door, where
they place something on the ballot and they open the door to not being able to raise that
defense in the future when it is something that they do not want. He would recommend,
in the future, prior to placing something on the ballot, that the City Commission
authorize the City Attorney to file a Declaratory Action and interpret this provision
through a court of law. He thinks the City Commission should think about it before doing
it as a Charter amendment today.
Mayor Levine asked for direction from his colleagues.
Vice-Mayor Grieco explained that there are certain items handled by the City
Commission that trigger the necessity of a Charter amendment; but it has to go to the
voters, as it amends the City Charter. Then there are Charter amendments coming from
the public, whether it is the 60% on the Convention Center or what Daniel Ciraldo is
trying to do, that are a product of petitions. He stated that if there is an appetite to do
this legislatively, the City Commission could discuss, bring back, make it more
challenging politically, and address the concerns people have with heights.
There was consensus to do this legislatively.
Discussion continued.
After Action July 20, 2016 City of Miami Beach
Page 37
Daniel Ciraldo believes he owes it to the 2,300 individuals that signed to keep this
petition going, and if the compromise is to do it legislatively, that is great, and he will
continue to collect signatures.
Commissioner Steinberg requested bringing back the Ordinance on first reading at the
September 14, 2016 Commission meeting. (Office of the City Attorney to handle.)
9:20:53 p.m.
R9 F DISCUSSION REGARDING THE STATUS OF THE LITTLE HAVANA ACTIVITIES AND
NUTRITION CENTER'S ELDER MEALS PROGRAM AT STELLA MARIS HOUSE.
Housing & Community Services
Commissioner John Elizabeth Aleman
Addendum added on 7/18/2016
ACTION: Discussion held. Maria Ruiz to handle.
Maria Ruiz, Housing & Community Services Director, explained that per direction at the
last Commission Meeting, staff did research and reached out to the Alliance for Aging and
residents of Stela Maris; they went door to door to get feedback as to whether or not the
meal programs move would affect them. Half of the residents were not home during their
visits; six people out of the remaining 77 or so were willing to go to the JCS (Jewish
Community Services) meal site, which is the alternative site authorized by the Alliance for
Aging for those people displaced from the program. For those that answered negatively,
the reason was that they did not want to be inconvenienced in having to leave their
building to go to the meal site. She introduced Betty Ruano, operator from Little Havana
Nutrition Center meal site.
Betty Ruano, operator from Little Havana Nutrition Center meal site, concurs with Maria’s
findings as far as numbers.
Ms. Ruiz clarified that the Alliance for Aging made these meals available at the JCS site
at the South Beach Community Center. The issue is that, in order for seniors from Stella
Maris to get to the site, they would need transportation. JCS will provide transportation,
but in order to authorize the bus service to get them from Stela Maris to the South Beach
Community Center, it requires having 15 residents to take the bus; however, only six
have agreed to it. It is a 20-minute ride.
Ms. Ruano added that she is in agreement with the research done by Maria Ruiz, and
stated that with the figures given, there are still about 40 people on a daily basis, active
attendees of the Center, that are not receiving services.
Discussion held.
In clarifying Commissioner Alemán’s concerns regarding meal delivery, Ms. Ruano
explained that home delivered meals are on a route, and are delivered directly from the
caterer; they do not come from the Senior Center and then taken the route they have.
These are two completely separate services.
Ms. Ruiz stated that the eligibility for the programs is very different and the funding
sources are different as well. Those 12 were identified as a result of the Alliance for Aging
going in to assess the site, and then determined that services would be provided by
Miami-Dade County. These are different entities and a separate process.
After Action July 20, 2016 City of Miami Beach
Page 38
Ms. Ruano added that they only budgeted for 40 meals a day, but actually have 79 active
registered participants that can receive a meal anytime from that site, as meals are
served on a first-come, first served basis. The same person does not get the meal on a
daily basis; it differs.
Commissioner Alemán added that they learned about this program being eliminated, and
the reasoning was that there was not enough demand at Stella Maris, as they were
serving only 20 meals per day. That was the first number.
Commissioner Rosen Gonzalez spoke to the County Commissioners and stated that Little
Havana received a one-time $500,000 supplement, but have not received a decrease in
funding. She stated that they received the same amount of funding year after year, but
wants to understand what is going on. Overall, Little Havana has not received a decrease
in funding, and there are several “comedores” across the County that are involved and
people are getting upset.
Ms. Ruano assured the City Commission that the information given is incorrect. Last year
they received $500,000 for the meals; the year before that they received $300,000; and
the year before that they received $200,000 and change. This is not a one-time thing.
They have been netting increases in three years in a row, and then this year they
requested the funding and it did not make it into the budget.
Discussion continued regarding funding.
Ms. Ruano stated that they have budget details from the State. The base budget is
$502,000; from that, they go to the legislature and request what their needs are. That is
when they allocate the funds, then it is allocated to the City, and that is how the service
has been provided for the past three years. They understand that it is nonrecurring.
Discussion continued.
Commissioner Malakoff stated that out of 144 they could not find 15 residents interested
in travelling to get the meals. She asked what seniors do if they are unable to go to JCS
for the meal programs.
Ms. Ruiz stated that they have kitchen facilities. The most prevalent answer as to why
seniors would skip the meal service on certain days is that they did not like the menu
offered for that day.
Discussion continued.
Ms. Ruiz explained efforts made to reach out to residents. Mr. Ruiz explained that those
residents to whom they spoke, the majority stated that the reason they utilize the food
program at Stella Maris are not food and security issues; but the majority reported that it
was for the social factors. What is important, Ms. Ruiz explained, is that the 12 people
that are not able to travel will get their meals delivered.
Commissioner Alemán asked if people could be added to the list of home delivery of food
if they meet the criteria.
Ms. Ruano stated that there are limited funds for those programs. Miami-Dade County
was the vendor identified that had the funding based on the reports received from the
After Action July 20, 2016 City of Miami Beach
Page 39
Alliance for Aging. Alliance for Aging took the lead and performed the assessment, and
determined that those 12 people were eligible for food delivery to the home.
Commissioner Alemán added that from what she understands, there is no need to
provide City funding to close any gap on this.
Commissioner Steinberg thanked JCS for stepping up; they were the only ones to try to
offer some solution.
Discussion continued.
Ms. Ruano informed that she is in conversations with County Commissioner Heyman and
Commissioner Heyman is waiting for the City’s action to make her determination. From
the $6.5 million that Little Havana has budgeted for meals, Little Havana contributes 10%
of that to the City of Miami Beach, and the City does not contribute any dollars to the
elderly meals programs.
9:33:58 p.m.
R9 G DISCUSSION REGARDING OCEAN DRIVE PROPOSAL SUBMITTED BY THE
CLEVELANDER.
Vice Mayor Michael Grieco
Addendum added on 7/19/2016
ACTION: Discussion held. Mayor Levine appointed Commissioner Arriola to work with
the Ocean Drive Blue Ribbon Panel and bring it back the item on September 14, 2016.
Mayor Levine recommended appointing Commissioner Arriola, who cosponsors the straw
ballot question, to get involved with this issue and work with individuals from the Mayor’s
Ocean Drive Blue Ribbon Panel, put it together and bring it back to the City Commission
by September.
Alex Tachmes spoke.
Vice-Mayor Grieco stated that this was his proposal; he put it together with the folks with
The Clevelander as they reached out to him. He understands that there is a straw ballot
regarding alcohol, but this goes much deeper than that, and he would like to be involved.
Mayor Levine explained the reasoning for his appointing Commissioner Arriola. Next year
is re-election year, with Commissioners Grieco, Malakoff and Steinberg possibly running,
and this item can become a highly political issue. Commissioner Arriola is not running for
office in 2017; and it may make everyone comfortable and it will be a more transparent
issue. The City Commission will ultimately give their input.
Commissioner Arriola stated that he reached out to Mr. Tachmes and they have
discussed certain compromises.
Alex Tachmes stated that he has collaborated with everyone on the agenda, and the item
would not be on the Agenda had it not been for Vice-Mayor Grieco; however, he is happy
to work with both Vice-Mayor Grieco and Commission Arriola.
After Action July 20, 2016 City of Miami Beach
Page 40
Commissioner Alemán suggested that on Item 3, they look for proof of order of umbrellas,
rather than proof of delivery, and Item 9, all-live entertainment band, she suggested that
guitars be permissible.
Discussion continued.
Vice-Mayor Grieco asked how would they take action on the September 14, 2016
Commission Meeting. In order to prevent the straw ballot to be addressed, they
discussed the concept of having a commission meeting well in advance of the cut-off
date. He asked, procedurally, how they are setting that meeting. Are they saying that they
want to have that meeting, and is then just simply the selection of the appropriate dates?
Raul J. Aguila, City Attorney, explained that under the City Charter, either the City
Manager or Mayor, or four members of the City Commission, could call for an Emergency
Meeting of the City Commission. If the City Manager is directed to call it, he can do so.
Mayor Levine recommended that the City Manager, if necessary, will call that
Commission Meeting after the information from the County is received as to when is the
last day to remove a question from the ballot.
Clerk’s Note: August 30, 2016 is the Final Date that a Ballot Question Could be
Removed from the November 8, 2016 General / Special Election. See LTC 318-2016
Commissioner Arriola added that once the Department of Elections notifies the deadline
to pull ballot questions, a few days before that deadline they can vote on it.
R9 H DISCUSSION REGARDING PROPOSED STRAW BALLOT QUESTIONS.
Commissioner Kristen Rosen Gonzalez
Addendum added on 7/20/2016
ACTION : Discussion held. See action in R7 G.
9:41:57 p.m.
R9 I DISCUSSION REGARDING RECONSIDERATION OF AGENDA ITEM R7S (LIGHT
RAIL MODERN STREETCAR PROJECT) APPROVED AT THE JULY 13, 2016 CITY
COMMISSION MEETING.
Commissioner Kristen Rosen Gonzalez
Addendum added on 7/20/2016
ACTION : Discussion held. See action with R9 H. Office of the City Attorney to
handle.
Commissioner Rosen Gonzalez wants this City Commission to renegotiate price on the
different technologies with all three bidders; they have a moral obligation to do so. She
wants the City to negotiate with all three companies and look at the costs to get the best
price. She asked that someone make a motion from the prevailing side. No motion was
made.
Commissioner Steinberg had questions and concerns that she found the answers to in
the Agenda memorandum; however, the interim agreement should include language to
clarify that there needs to be a commitment for Federal eligibility for the next phases. In
After Action July 20, 2016 City of Miami Beach
Page 41
addition, the item should not come back in September; she believes the item should
come back in October to make the best deal. Finally, again, this does not bind the City.
In October, if this City Commission is not in agreement to what is proposed, they do not
have to approve it, as this is preliminary. She asked to add that language into the
interim agreement.
City Manager Morales explained the process as directed at the last meeting. The
Interim Agreement is an agreement to then work with the vendor that they come in
agreement with to try to get a comprehensive agreement early in next summer; up until
that point, the City is not bound to anything. If and when, the City enters into the
agreement next year, then the City is bound to that.
Commissioner Alemán placed the initial motion to reconsider (See Item R9 A), after
reflecting back on the Commission’s discussion at the July 13, 2016 Commission
meeting, because there were a couple of things that are important that she did not feel
that she was confident in. For the price tag, she does not believe that this should just be
a South Beach circulator, which is not going to connect to anything, that is not what she
is looking for. Real traffic real will only occur when there is a connection over the
causeway into Miami. She looks forward to the day when this system is going through
Collins Avenue and over the Julia Tuttle Causeway; but that vision can only grow from
the system they are now considering. There are two things that are crucial to achieving
her vision, which Commissioner Alemán pointed out are also crucial to City of Miami
Mayor Regalado, to whom she spoke with the day after the July 13 Commission
meeting: 1) The technical interoperability of the two systems is crucial; either using the
same operator for both the Miami Beach side and the Mainland side, or making sure
that the technology or tracks for both systems are compatible, so that cars could
operate and charge on either side of the bay; and 2) the second issue is Federal
funding. There had been a Tiger Grant application for the previous Baylink project that
the City never obtained, after two years of discussion. Therefore, the likelihood that the
City is going to receive Federal funding just for just the South Beach loop is not
reasonable, and thus the City Commission has found ways to fund this project on our
own. However, she knows that the same does not apply to the causeway connection or
for Miami. Even for Miami Beach down the road when we choose to extend the rail to
other parts of the City, we are going to need that Federal funding too. The Federal
Funding eligibility is crucial to keep the prospect that maybe we will have one sole
provider for Miami Beach and Miami. She also wanted to ensure for Miami Beach as we
grow our own system down the line, that we have access to the Federal money. She
shared her thoughts and concerns with Greater Miami Tramlink Partners, and they have
submitted a letter, which is part of the backup for the item, asserting that during the
interim agreement period they will prove interoperability and when Federal funding
eligibility is needed, meaning not for our loop, but meaning when Miami goes forward
that they would pursue Federal Funding eligibility, and they do have heavy rail
manufacturing facilities in the United State so it is very achievable for them. The
business case was not there for them to commit just for our loop, is an investment on
their side, and there needs to be more potential for them other than just Miami Beach’s
loop. Those assurances were provided in the letter provided by Tramlink. She has
documented all her reasoning and thinking in her memorandum on this item, but she
wanted to take a moment and explain why she put the item on in the first place (R9 A),
and how she resolved it.
Commissioner Rosen Gonzalez requested a point of order that the public has a right to
be heard.
After Action July 20, 2016 City of Miami Beach
Page 42
Raul J. Aguila, City Attorney, opined that the right to be heard is at the discretion of the
Chair, as there is no vote to be taken on a discussion item. He added that Mr.
Lansburgh, who is seeking to speak, has distributed his presentation to the City
Commission.
Commissioner Steinberg reiterated the points to include in the negotiations: 1) Interim
Agreement to include language clarifying the commitment for Federal eligibility for the
next phases, 2) Interoperability of systems is crucial; 3) bring back in October and have
public feedback.
City Manager Morales explained that in moving forward, they will begin negotiating with
the number one ranked team, they will negotiate a series of points in the term sheet,
and once the agreement is ready, they can bring the interim agreement that satisfies the
conditions laid out, including interoperability and funding, back to the October
Commission Meeting.
Discussion held.
Commissioner Rosen Gonzalez suggested allowing public speaking.
Mr. Robert Lansburgh spoke in opposition to the Light Rail Modern Streetcar Project,
and requested a referendum on the issue.
Handouts and Reference Materials:
Letter from Mr. Robert Lansburgh, 90 Alton Road, Miami Beach, FL 33139.
R10 - City Attorney Reports
R10 A NOTICE OF CLOSED EXECUTIVE SESSION
PURSUANT TO SECTION 447.605, FLORIDA STATUTES, A CLOSED EXECUTIVE
SESSION WILL BE HELD PRIOR TO THE CITY COMMISSION MEETING OF
WEDNESDAY, JULY 20, 2016, AT 4:30 P.M., IN THE CITY MANAGER'S LARGE
CONFERENCE ROOM, FOURTH FLOOR, CITY HALL, FOR A DISCUSSION
RELATIVE TO COLLECTIVE BARGAINING.
Human Resources
4:30 p.m.
ACTION : Announced and held.
NOTICES
A. PUBLIC HEARING ADVERTISEMENT(S).
Office of the City Clerk
Ad 1176 published on July 10, 2016 – Item R7 A.
Meeting adjourned at 9:50 p.m.