20160914 AA1
Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
September 14, 2016 - 8:30 AM
Mayor Philip Levine
Commissioner John Elizabeth Alemán
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Kristen Rosen Gonzalez
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visit us at www.miamibeachfl.gov for agendas/video streaming of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach, entitled "Lobbyists,"
requires the registration of all lobbyists with the City Clerk prior to engaging in any
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personnel as defined in the subject Code sections. Copies of the City Code sections on
lobbyists laws are available in the Office of the City Clerk. Questions regarding the
provisions of the Code should be directed to the Office of the City Attorney.
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In order to ensure adequate public consideration, if necessary, the Mayor and City Commission
may move any agenda item to an alternate meeting date. In addition, the Mayor and City
Commission may, at their discretion, adjourn the Commission Meeting without reaching all
agenda items.
AFTER ACTION
Meeting called to order at 8:33:00 a.m.
9:11:35 a.m.
Inspirational Message given by Reverend Harold Thompson from the Miami Beach Community
Church.
City Manager Jimmy L. Morales stated that Reverend Thompson opened the halls for homeless
community and thanked him for doing that.
Pledge of Allegiance led by Police Chief Daniel Oates.
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ADDENDUM MATERIAL 1:
R9 AI
SUPPLEMENTAL MATERIAL 1:
C7 AH Resolution
SUPPLEMENTAL MATERIAL 2:
C7 AM Moved from R9 AG
C7 AN Moved from R9 AD
R5 AE Memorandum & Ordinance
City Clerk’s Note:
Pursuant to Ordinance 2015-3954, Sec. 2-12(3), addendum agenda item R9 AI has been
approved by Mayor Levine to be placed on the Commission Agenda. No additional vote is
required.
Sec. 2-12(3) Reads:
Addendum agenda items – Any item not included in the agenda submitted to the Mayor and City
Commission on the initial print day must be submitted by the City Clerk to the Mayor for a
determination whether the item is to be placed on the Agenda as an addendum item. If the
Mayor declines to place the item on the agenda as an addendum item, then the item shall be
submitted to the City Commission for a vote and the item shall only be considered at the City
Commission Meeting upon a finding by the City Commission, by a five-seventh (5/7th)
affirmative vote.
9:14:21 a.m.
Rafael E. Granado, City Clerk, announced and read into the record, the following corrections,
notations, deferrals, withdrawals and separations to the Agenda:
CORRECTION:
Item C7J: Strike out CAA and replace with Florida Tennis Promotions, LLC. Florida entity, in
every document.
Item R7H: In the Financial Information section of the memorandum, Amount 2 should be
$80,000 and Total should be $250,000.
NOTATIONS:
Add Commissioner Ricky Arriola as co-sponsor to item R7 H.
Add Commissioner Joy Malakoff as co-sponsor to items C4 M, C7 AG, R5 R, R7 P, and R9 Z.
Add Vice-Mayor Michael Grieco as co-sponsor to items C7 P, R7 P, and R9 AC.
Item R9 AI is authored by City Attorney Raul J. Aguila.
Add Commissioner Alemán as sponsor to Item R7 L
Add Commissioner Ricky Arriola as sponsor of item R5 AB.
Add Commissioner Kristen Rosen Gonzalez as a sponsor of item R9 AC
Item R9 AG was moved to Consent as item C7 AM.
Item R9 AD was moved to Consent as item C7 AN.
DEFERRALS TO SEPTEMBER 27, 2016:
C7 Y, R5 D, R5 Y, R5 Z, R5 AF, R7 I, R7 J, R7 K, R7 L, R9 E, R9 Q, R9 R, R9 AA, R9 AE, and
R9 AH
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DEFERRAL TO OCTOBER 19, 2016:
C4 A, R5 L, R5 M, R9 D, R9 E, R9 F, R9 G, R9 H, R9 I, R9 J, R9 N, R9 O, R9 P, R9 T, R9 U,
R9 X, R9 Y, R9 Z, and R9 AF
ITEMS OPENED AND CONTINUED TO OCTOBER 19, 2016:
R5 A, R5 B, R5 C, R5 E, R5 G, R5 N, R5 P, R5 V, R5 X, R5 AA, R5 AD, R5 AJ, R5 AK, and R7
A, R7 J, R9 H,
ITEMS WITHDRAWN:
R9 AC withdrawn by Commissioner Rosen Gonzalez
R10 B withdrawn by the Administration
ITEMS SEPARATED:
C7 AH and C7 AL separated by Mayor Philip Levine
C7 AH and C7 W separated by Commissioner John Alemán
C7 AH and C4 E separated by Commissioner Ricky Arriola
C4 E separated by Commissioner Joy Malakoff
C4 C separated by Commissioner Kristen Rosen Gonzalez
Recess for lunch at approximately 12:00 p.m.
CONSENT AGENDA
9:14:21 a.m.
Motion made by Commissioner Alemán; seconded by Vice-Mayor Grieco to approve the
Consent Agenda, except for separated items. Voice-vote: 6-0. Absent: Commissioner Malakoff.
Presentations and Awards
5:03:12 p.m.
PA1 Proclamation To Be Presented In Honor Of Hispanic Heritage Month (September 15 -
October 15, 2016). Office of the City Manager
ACTION: Proclamation presented.
Vice Mayor Michael Grieco read the following proclamation into record: “Whereas,
during National Hispanic Heritage Month, we pause to celebrate the immeasurable
contributions Hispanic individuals have made to shape and strengthen our nation and
community. Whereas, Hispanics represent a wide range of nationalities and background
and have overcome great obstacles to persevere and flourish in every sector of our
society. Whereas, with enduring values of faith, family, hard work and sacrifice,
Hispanics have preserved the rich heritage of generations past, and are contributing to
the promise of our future. Whereas, Hispanics are leaders in all aspects of our
community, ranging from elected appointed public officers to leaders in business,
education, cultural arts, non-profit organizations, and neighborhood organizations.
Whereas, this month, we honor Hispanics for enriching our community’s fabric and
reflecting on our City’s rich Hispanic heritage. Let us take pride in our unique and vibrant
history and recommit to a shared future of freedom, prosperity and opportunity for all.
Now therefore, does Mayor Philip Levine, as Mayor of the City of Miami Beach and the
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Commission, hereby proclaim September 15 through October 15 2016 as Hispanic
Heritage Month in the City of Miami Beach, signed by Philip Levine.”
Mr. Alex Fernandez, Chair of the Hispanic Affairs Committee, thanked the Commission
and Mayor for the recognition. He asked for his colleagues from the Committee along
with Mayor Matti Herrera Bower, who was the first Hispanic Mayor of Miami Beach, to
join him in front of the Commission and gave a speech about the history of Hispanics
and the Committee in Miami Beach.
Mr. Fernandez read into the record the names of the winners of the Hispanic Heritage
Awards:
• Elaine Soffer Siegel Adult contribution to the Hispanic Youth
• Matti Herrera Bower Trailblazer
• Gustavo Briand Distinguished Hispanic community member
• Sylvia Carro Educator-Higher Education
• Zorilien Riveron Educator- Early Childhood Development
• Juan Sanchez Public Safety Personnel
LGBT Hispanic Leadership Award
• Adonis Garcia Public Safety Personnel-Fire
• Enrique Doce Public Safety Personnel-Police
• UNIDAD Social Service Provider
• The Miami Herald/
El Nuevo Herald and Executive Team Business
Mayor Matti Herrera Bower spoke next, recognized the Commission for their efforts with
managing the City of Miami Beach, and stated what the City has is special. She stated
that working together is the only way the City can move forward.
Handouts and Reference Materials:
1. List of winners of the Hispanic Heritage Awards
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CONSENT AGENDA
C2 - Competitive Bid Reports
C2 A REQUEST FOR APPROVAL TO ISSUE REQUEST FOR PROPOSALS (RFP) NO.
2016-199-KB FOR DESIGN, BUILD, OPERATE, AND MAINTAIN SERVICES FOR
AN INTELLIGENT TRANSPORTATION SYSTEM (ITS) AND SMART PARKING
SYSTEM (SPS).
Transportation/Procurement
ACTION: Request approved. Jose Gonzalez and Alex Denis to handle.
C2 B REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) NO.
2016-204-KB FOR DESIGN/BUILD SERVICES FOR A NEW PARKING GARAGE
FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING
GARAGE.
Capital Improvement Projects/Procurement
ACTION: Request approved. David Martinez and Alex Denis to handle.
C2 C REQUEST APPROVAL TO EXERCISE TERM RENEWAL OPTIONS ON
CONTRACTS FOR ROUTINE OPERATIONAL REQUIREMENTS.
Procurement
ACTION: Request approved. Alex Denis to handle.
C2 D REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO
INVITATION TO BID (ITB) NO. 2016-153-KB FOR CONSTRUCTION SERVICES
FOR ALLISON PARK, PARTIALLY UTILIZING PREVIOUSLY APPROPRIATED
FUNDS AND FUTURE FUNDING SUBJECT TO ADOPTION OF THE FY 16/17
CAPITAL BUDGET.
Capital Improvement Projects/Procurement
ACTION: Request approved. David Martinez and Alex Denis to handle.
Handouts or Reference Materials:
1. Letter to Fortuna M. Bichachi, President, E.L.C.I. CONSTRUCTION GROUP, INC., DATED
SEPTEMBER 8, 2016, RE: ITB 2016-153-KB CONSTRUCTION SERVICES FOR ALLISON
PARK.
2. Letter via Email to Alex Denis, Procurement Director, from Fortuna M. Bichachi, President,
E.L.C.I. CONSTRUCTION GROUP, INC., DATED SEPTEMBER 1, 2016, RE: ITB 2016-153-
KB CONSTRUCTION SERVICES FOR ALLISON PARK.
C2 E REQUEST FOR APPROVAL TO ISSUE REQUEST FOR PROPOSALS (RFP) NO.
2016-205-KB FOR DESIGN BUILD SERVICES FOR THE RIGHT OF WAY
INFRASTRUCTURE IMPROVEMENT PROGRAM FOR FLAMINGO PARK
NEIGHBORHOOD.
Public Works/Procurement
ACTION: Request approved. Eric Carpenter and Alex Denis to handle.
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C4 - Commission Committee Assignments
C4 A REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO
DISCUSS FUTURE USES OR THE POTENTIAL SALE OF VACANT CITY-OWNED
LAND LOCATED AT 226 87TH TERRACE.
Vice-Mayor Michael Grieco
ACTION: Item deferred to the Commission Meeting of October 19, 2016 . Max Sklar
to handle.
C4 B REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE -
DISCUSSION REGARDING SIDEWALK CAFE ORDINANCE CHANGE.
Public Works
ACTION: Item referred. Allison Williams to place on the Committee Agenda. Eric
Carpenter to handle.
2:22:39 p.m.
C4 C REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE - AN
ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118,
"ADMINISTRATIVE AND REVIEW PROCEDURES " ARTICLE III "AMENDMENT
PROCEDURE", TO REQUIRE A 6/7TH VOTE OF THE CITY COMMISSION TO
INCREASE HEIGHT ABOVE 40 FEET FOR ALL PROPERTIES; EXCLUDING THE
"CIVIC AND CONVENTION CENTER DISTRICT" (CCCD), AND "GOVERNMENT
USE" DISTRICTS (GU); AND EXCLUDING HEIGHT WAIVERS PURSUANT TO
SECTION 142-425(D), OF THIS CODE; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
Office of the City Attorney/Planning
Vice-Mayor Michael Grieco
ACTION: Item withdrawn by Vice-Mayor Grieco, the sponsor of the item. Item heard
in conjunction with Item C4 E. See action in item C4 E.
2:23:08 p.m.
C4 D REFERRAL TO THE PLANNING BOARD - PROPOSED ORDINANCE AMENDMENT
PERTAINING TO OPERATIONAL REGULATIONS FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS ALONG THE SOUTH SIDE OF 17TH STREET.
Planning
Commissioner Joy Malakoff
ACTION: Item referred to the Planning Board. Thomas Mooney to place on the
Committee Agenda and to handle.
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2:22:39 p.m.
C4 E REFERRAL TO PLANNING BOARD - AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH,
BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES,"
ARTICLE III, "AMENDMENT PROCEDURE," TO REQUIRE A 6/7THS VOTE OF THE
CITY COMMISSION TO INCREASE THE MAXIMUM ZONED BUILDING HEIGHT IN
ANY ZONING DISTRICT BY MORE THAN TEN (10) FEET, EXCEPT FOR HEIGHT
REGULATION EXCEPTIONS SET FORTH IN CITY CODE SECTION 1421161, AND
TO REQUIRE A 6/7THS VOTE OF THE CITY COMMISSION TO AMEND OR
REPEAL THIS ORDINANCE; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
Office of the City Attorney
Commissioner Kristen Rosen Gonzalez
ACTION: Item heard in conjunction with item C4C. Item referred to the Land Use and
Development Committee without specific footage relating to height. Thomas Mooney
to place on the agenda and to handle.
REFERRAL:
Land Use & Development Committee
Vice-Mayor Grieco stated that he is willing to adopt Commissioner Rosen Gonzalez’s
item (C4 E), which is similar to his (C4 C), or to refer both items to the Land Use and
Development Committee as it is normally done.
Mayor Levine asked why item C4 E is being sent directly to the Planning Board.
Commissioner Rosen Gonzalez explained that at the last Commission Meeting there
was goodwill to send the item to the Planning Board. She explained the difference
between her item, which refers to a ten foot height increase, and Vice-Mayor Grieco’s
item, which refers to a 40 foot height increase.
Discussion continued regarding the different height proposals.
Mayor Levine suggested sending item C4 E to the Land Use and Development
Committee without any specific height reference.
Motion made by Vice-Mayor Grieco to withdraw his item C4 C, and refer item C4 E to
the Land Use and Development Committee without specific footage relating to height.
Approved by acclamation.
C4 F REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO
CONSIDER STEPS TO BE TAKEN TO SAVE THE SOUTH BEACH LOCAL.
Commissioner Kristen Rosen Gonzalez
ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda.
Jose Gonzalez to handle.
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C4 G REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO
CONSIDER PARTNERING WITH THE NATIONAL NONPROFIT COMMON
THREADS, TEACHING CHILDREN, FAMILIES, AND TEACHERS TO COOK FOR A
HEALTHIER LIFE.
Commissioner Kristen Rosen Gonzalez
ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda. Dr.
Leslie Rosenfeld to handle.
C4 H REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO
DISCUSS THE STATUS AND POSSIBLE EXPANSION OF THE BIG BELLY PILOT
PROGRAM.
Commissioner Kristen Rosen Gonzalez
ACTION: Item referred. See related item C4K. Morgan Goldberg to place on the
Committee Agenda. Eric Carpenter and Elizabeth Wheaton to handle.
C4I REFERRAL TO THE SUSTAINABILITY AND RESILIENCY COMMITTEE
REGARDING IMPLEMENTING CIGARETTE BUTT RECEPTACLES IN HIGH
PEDESTRIAN TRAFFIC AREAS.
Vice-Mayor Michael Grieco
ACTION: Item referred. Elizabeth Wheaton to place on the Committee Agenda.
Eric Carpenter and Elizabeth Wheaton to handle.
C4 J REFERRAL TO THE SUSTAINABILITY AND RESILIENCY COMMITTEE TO
DISCUSS AND POSSIBLY DRAFT LEGISLATION REGARDING BALLOON
RELEASES ON CITY PROPERTY OR ELSEWHERE.
Vice-Mayor Michael Grieco
ACTION: Item referred. Elizabeth Wheaton to place on the Committee Agenda
and to handle.
C4 K REFERRAL TO THE SUSTAINABILITY AND RESILIENCY COMMITTEE TO
DISCUSS THE POTENTIAL EXPANSION OF THE BIG BELLY TRASHCAN
PROGRAM.
Vice-Mayor Michael Grieco
ACTION: Item referred. See related item C4H. Elizabeth Wheaton to place on the
Committee Agenda. Eric Carpenter and Elizabeth Wheaton to handle.
C4 L REFERRAL TO LAND USE & DEVELOPMENT COMMITTEE AND THE PLANNING
BOARD TO DISCUSS A REZONING FOR THE 6800 BLOCK OF INDIAN CREEK
DRIVE FROM RM-1 TO TC-3.
Commissioner Ricky Arriola
ACTION: Item referred. Thomas Mooney to place on the Committee Agenda and
to handle.
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C4 M REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE TO WORK
WITH STAFF TO DRAFT AN ORDINANCE AMENDMENT TO CURB THE
PROLIFERATION OF FORMULA RETAIL ESTABLISHMENTS.
Commissioner Ricky Arriola
Co-sponsored by Commissioner Joy Malakoff
ACTION: Item referred. Thomas Mooney to place on the Committee Agenda.
Office of the City Attorney and Thomas Mooney to handle.
C4 N REFERRAL TO NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE
REGARDING A DISCUSSION AND UPDATE ON NORMANDY POOL.
Commissioner Micky Steinberg
ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda.
John Rebar to handle.
C6 - Commission Committee Reports
C6 A REPORT OF THE JULY 6, 2016 FINANCE AND CITYWIDE PROJECTS
COMMITTEE MEETING: 1. DISCUSSION TO PROGRAM THE BUDGET ITEM FOR
ESPANOLA WAY STREET IMPROVEMENT TO 2015-16, WHICH IS PRESENTLY
PROGRAMMED FOR FISCAL YEARS 2015-16 AND 2016-17. 2. REVIEW OF
PROPOSED CAPITAL BUDGET 3. GENERAL FUND CSL UPDATE AND
PROPOSED MILLAGE RATE 4. FY 2016/17 GENERAL FUND OPERATING
BUDGET A. POTENTIAL EFFICIENCIES/ REDUCTIONS B. POTENTIAL
ENHANCEMENTS 5. TRANSPORTATION FUND.
Finance
1. Program The Budget Item For Española Way Street Improvement To 2015-16
Which Is Presently Programmed For Fiscal Years 2015-16 And 2016-17.
ACTION:
The Committee recommended moving forward with a budget amendment to be heard
at the July 20, 2016 meeting for the proposed funding in the amount of $1 ,978,813
that has been budgeted under 305 SB Quality of Life Resort Tax Fund -1%.
2. Review of Proposed Capital Budget
ACTION:
The Finance Committee received additional information for the following items:
Scott Rakow Youth Center & North Shore Park Youth Center:
At the June 6th meeting, the Committee asked what the priority of generator
replacement at these facilities was and if they were used as emergency centers. The
priority of the generator replacement was determined to be of "medium" priority and
the facilities are used as emergency centers, however, since the replacement of the
generators are not a top priority due to limited funding these replacements are not
being recommended for funding.
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North Beach Master Plan:
The following list includes existing funded projects and unfunded requested projects
that relate to the North Beach Master Plan:
• 72nd Street Protected Bike Lanes: $39,000 funded in previous years of which $0
has been spent; $200,000 Proposed for FY 2016/17.
• 73rd Street Protected Bike Lanes: $39,000 funded in previous years of which $0
has been spent; $200,000 Proposed for FY 2016/17; $3, 715,000 Programmed
Request for FY 2017/18.
• 74th Street from Collins Ave to Carlyle Ave Street Improvements: $85,000
funded in previous years of which $18,758 has been spent.
• Painting & Lighting of Bridges in North Beach: $1,100,000 funded in previous
years of which $15,495 has been spent; $60,000 Proposed for FY 2016/17; and
$1,405,000 programmed request for subsequent years (FY 2017/18 -FY
2020/21).
• Bridge Light (77 th St/Hawthorne Avenue): $30,000 funded in previous years of
which $0 has been spent.
• North Shore Neighborhood Improvements: $10,792,513 funded in previous years
of which $6,511,941 has been spent.
• Entrance Signs to North Beach: $300,000 funded in previous years of which
$15,000 has been spent.
• Dickens Avenue Shoreline & Bike Path: $461,644 funded in previous years of
which $28,319 has been spent.
• North Beach Domino Park: $400,000 funded in previous years of which $22,700
has been spent.
• Bonita Drive Street End Improvements: $35,000 funded in FY 2015/16 of which
$0 has been spent; $100,000 Proposed for FY 2016/17; and $200,000
Programmed Request for FY 2017/18.
• North Beach Streetscape Pilot Project: $100,000 funded in FY 2015/16 of which
$0 has been spent; and $230,000 Proposed for FY 2016/17.
• Rue Vendome Public Plaza: $100,000 funded in FY 2015/16 of which $0 has
been spent; and $1,000,000 Proposed for FY 2016/17.
• 81st Street Pedestrian Bridge Area: $30,000 funded in FY 2015/16 of which $0
has been spent; and $150,000 Proposed for FY 2016/17.
• Tent for North Beach Bandshell: $100,000 funded in FY 2015/16 of which
$18,305 has been spent; and $125,000 Proposed for FY 2016/17.
• Collins/Harding Alleyway Reconstruction: $100,000 Proposed for FY 2016/17;
and $850,000 Programmed Request for FY 2017/18.
• North Shore Neighborhood ROW Improvements – 77 th Street Neighborhood
Greenway: $160,000 Requested for FY 2016/17 but not proposed due to
insufficient funding; and $690,000 Programmed Request for FY 2017/18.
• North Shore Neighborhood ROW Improvements -85th Street Neighborhood
Greenway: $125,000 Requested for FY 2016/17 but not proposed due to
insufficient funding; and $1,090,000 Programmed Request for FY 2017/18.
• North Shore Neighborhood ROW Improvements -Tatum W aterway
Neighborhood Greenway: $50,000 Requested for FY 2016/17 but not proposed
due to insufficient funding; and $830,000 Programmed Request for FY 2017/18.
• 71st Street Eastern Street End Improvement Design Study: $25,000
Programmed Request for FY 2017/18.
• North Beach Town Center Complete Streets: $1,672,000 Programmed Request
for FY 21 (no funding source identified).
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• North Beach Town Center Streetscape Improvement: $11,790,000 Requested
for FY 2016/17 but not funded. (No funding source identified).
• 72nd Street Park & Parking Structure: $14,500,000 Programmed Request for FY
2019/20. (No funding source identified)
• North Beach Library I City Hall Annex I Parking: $34,000,000 Requested for FY
2016/17 but not funded. (No funding source identified).
Entrance Signs:
• Entrance Signs on North Beach -Funded in FY 2016/15 in the amount of
$300,000. To date there have been expenses of $15,000 leaving an available
balance of $285,000.
• Entrance Sign on MacArthur-The request was submitted after the June 5th
meeting in the amount of $500,000 and is included as requested in the Pay-As-
You-Go fund.
Nautilus Traffic Calming and Bayshore Neighborhood Traffic Calming:
At the June 5th meeting the Committee asked that the estimate provided for the
Nautilus Traffic Calming be re-evaluated which was estimated to be $2,550,000. Re-
evaluated estimates will not be available until September 2016.
The following are changes to the proposed Capital Budget sorted by funding source
after the June 6th meeting:
Renewal and Replacement Fund:
As stated in Resolution 2004-25697, the capital renewal and replacement millage rate
must be set to at least the value of the debt service millage rate reduction resulting
from growth in the assessment value of the tax base. In FY 2016/17, it is
recommended that the renewal and replacement voted millage rate be set to 0.0235,
which will generate $662,000 for renewal and replacement projects in FY 2016/17. As
a result, some projects that were previously proposed for funding have been deferred
to FY 17 /18. These projects are:
• Scott Rakow Community Center Aluminum Windows Renewal
• South Shore Community Center Electrical Distribution Renewal
• South Shore Community Center Fire Alarm System Renewal
• 777 Building Branch Wiring -Equipment & Devices Renewal
Concurrency Mitigation Fund
• Intelligent Transportation System request in the amount of $7,900,000 was
moved from this funding source and inserted in the Half Cent Transit Surtax
(PTP) funding source.
Half-Cent Transit Surtax -County (PTP)
• Added the request for the Intelligent Transportation System at the revised
amount of $10, 130,000 with proposed funding at $2,020,026, which is what is
available in the fund. The total estimated project cost is $14,690,000 of which
$4,560,000 is already funded; plus the FY 17 proposed funding of $2,020,036,
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the project would be funded at $6,580,026 leaving the remaining future need
unfunded at $8,109,974.
Pay-As-You-Go (PAYGO)
• Sky Watch Tower: Based on requests from the Police Department after the June
6th meeting increased the Sky Watch Tower Refurbish from $61,000 to $116,000
based on increased cost estimate.
• Fairway Park: Fairway Drainage & Playground Replacement Project was moved
from North Beach Quality of Life to PAYGO and combined with the Fairway Park
project increasing the Fairway Park proposed funding from $1,000,000 to $1,
181,000.
Revised the Fairway Park project name to be named Fairway Park (Artificial Turf
Soccer Field, Drainage & Playground Replacement).
• Maurice Gibb Park: The initial amount proposed was $177,000 in South Beach
Quality of Life Funds; however, this amount assumed a grant match. However,
the grant cannot be attained, as the project does not meet the grant
requirements. Therefore, this additional funding of $177,000 will provide the
project the full $354,000 it needs.
• Rainbow Crosswalk: Added Proposed Funding for the Ocean Drive Rainbow
Crosswalk in the amount of $100,000.
• Muss Park Playground: Updated funding request for Muss Park Playground and
Other Improvements to $500,000. The project is partially funded in "Reallocation
of Funds" Fund for $345,000. The remainder, $155,000, is listed in the PAYGO
fund; however, this amount was not proposed in FY 2016/17 due to the limited
remaining balance in the PAYGO fund.
• MacArthur Entrance Sign: Request in the amount of $500,000, however this
amount was not proposed in FY 2016/17 due to the limited remaining balance in
the PAYGO fund.
• Commission Chamber Renovation: At the request of the Committee, added
Commission Chamber Renovation request in the amount of $339,000, however
this amount was not proposed for funding due to the limited remaining balance in
the fund. This amount includes the following work:
o Demo: $18,000
o Millwork: $47,000
o Drywall: $5,000
o Wall Coverings: $63,000
o Paint: $4,000
o Carpet: $18,000
o Seating: $40,000
o ADA: $30,000
o Kitchenette/Restrooms: $35,000
o Lighting: $27,000
o Architect I Engineering: $27,000
o Contingency: $25,000
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South Beach -Quality of Life
• Lummus Park Muscle Beach Upgrade revised estimate increases from
$125,000 to $200,000.
• Added request for Bass Museum Park Cafe -Furniture & Fixtures in the
amount of $100,000 but did not propose due to limited remaining balance in
the fund.
North Beach -Quality of Life
• Based on updated timeline, the 71 51 Street Eastern Street End Improvement
Design Study in the amount of $25,000 was moved from FY 2016/17 to FY
2017/18.
• Added $125,000 based on updated estimate for the Tent for the North Shore
Bandshell.
• Combined the Fairway Drainage & Playground Replacement with the Fairway
Park project in the PAYGO Fund as noted above.
Parking Operations Fund
• Removed the Proposed Funding for Police Headquarters Visitors Parking
Garage, due to the increase in the revised estimate, Staff does not
recommend moving forward with this project. There are the two other
garages on Washington Avenue and 10 th Street and Collins and 13th Street
that will provide a sufficient increase in spaces on Washington Avenue
between 5th and 17th Streets.
Other Changes:
The following are requested changes to projects in scope that do not have any fiscal
impacts:
Building Department:
-The Building Department is recommending modifying the scope of project "2nd Floor
Renovations" to include renovations to their satellite office in North Beach. This
modification will improve the efficiency of the operations of the Building Department
within City Hall and improve customer experience, as it will also allow for residents
and business owners in the north end of the City to more easily access Building
Department services closer to their homes or businesses.
-The Building Department is recommending modifying the scope of project "Building
Development Process Enterprise System.” As the City progresses in its
implementation of Munis and to replace the City's current permitting and licensing
system known as "Permits Plus" with "Energov", the Department has identified areas
where scope changes would increase efficiency: (1) ability to purchase iPad Minis for
the Inspectors and Compliance Officers involved in the Building Development
Process which will streamline the issuance of building code violations as well as
expedite the inspection process; (2) ability to purchase a payment kiosk for the new
North Beach Satellite Office which will allow customers to pay for permits or violations
by check or credit card in the lobby of the satellite office, thus avoiding a separate trip
to City Hall; (3) ability to secure a plans management and tracking system for the
Plan Review process such as bar codes or Quick Response (QR) code technology, to
ensure the appropriate location and tracking of plans in the Plan Review process; and
14
(4) ability to procure a mechanism to obtain feedback from the customers,
constituents, business entities and visitors about their experience doing online
transactions within the Citizen Access portal.
NEW BUSINESS (Items 3, 4 and 5 were presented together)
3 General Fund CSL Update and Proposed Millage Rate
4. FY 2016/17 General Fund Operating Budget
a. Potential Efficiencies/Reductions
b. Potential Enhancements
5. Transportation Fund
ACTION
On June 1 st 2016, we received the preliminary 2016 property assessment values for
the City of Miami Beach which was used to provide a Current Service Level and
revenue update at the June 5th Finance and Citywide Projects Committee meeting on
June 6th, 2016. Today we received the certified property assessment values, which
will be the values used for budget purposes. The table below shows the difference
between the preliminary and certified values and the impact on FY 2016/17 Property
Tax Revenue projections.
The June 1st preliminary Property Tax Revenue projections assumed the City Center
CRA would grow 10 percent from 2015. The City Center CRA growth rate calculated
based on July 1st certified property resulted in a 16.4 percent increase compared to
2015 thereby reducing the Citywide Total by a greater percentage than estimated. As
a result, the Property Tax Revenues projections were reduced by $177,858 for the
General Fund.
At the July 13th, 2016 Commission Meeting, the Commission will set the proposed
millage rate for the FY 2016/17 budget process per the State's Truth-in-Millage
(TRIM) requirements. By August 4th, the City Manager will certify the proposed
millage rate to the Property Appraiser. The proposed millage rate will be included in
the TRIM notices mailed by the Property Appraiser on August 24th. The purpose of
the TRIM notice is to notify property owners how much their property taxes could
potentially increase or decrease and which governmental entity is responsible for the
taxes levied. As such, the proposed millage rate effectively sets the "ceiling" for the
millage rate during the budget process because it cannot be increased without
sending out a new TRIM notice to all property owners in Miami Beach. However,
millage rates can remain the same or be decreased throughout the process until the
June 1st July 1st
Preliminary Certified
Property Assessment
Existing Values 33,282,000,000 34,697 ,757,108
New Construction 1,156,000,000 1,156,000,000
Total 34,438 ,000,000 35,853,757 ,108
City Center CRA 5,305,000,000 5,612,744,843
Citywide Total 29,133,000,000 30,241,012,265
160,957,000 160,779,142
Property Tax Revenue Projection Variance (177,858)
Property Tax Reve nue Projection
15
final millage rates are adopted by the Commission at the second public hearing on
September 27th.
There are three main components to the City's General Fund combined millage rate,
the operating millage rate, the voted debt service millage rate, and the voted renewal
and replacement millage rate. The operating millage rate funds operating costs in the
General Fund and the debt service millage rate funds debt service for previously
issued general obligation bonds. In FY 2016/17, the debt service payment is $5.9
million, which requires the levy of a voted debt service millage rate of 0.1796. The
proposed rate is 0.0235 mills less than in FY 2015/16. The renewal and replacement
millage rate funds Capital renewal and replacement projects. As stated in Resolution
2004-25697, the capital renewal and replacement millage rate must be set to at least
the value of the debt service millage rate reduction resulting from growth in the
assessment value of the tax base. In FY 2016/17, it is recommended that the renewal
and replacement voted millage rate be set to 0.0235, which will generate $662,000 for
renewal and replacement projects in FY 2016/17. The remaining portion of the
renewal and replacement millage (0.0848) will transfer to the Operating millage rate in
order to set aside $3 million in the General Fund for additional pension costs of $6
million expected in FY 2017/18. Overall, the combined millage rate would be reduced
to 5.8888 as shown in the table below, the lowest since 2008 when it was 5.8970.
The impact to a property owner of a homesteaded property would be that the property
tax bill to the City of Miami Beach would increase $3 for a median property and $9 for
an average property assuming median and average home property values increased
by 0.8 percent year over year.
Median Average Median Average
155,690 $ 383,782 $ 156,936 $ 386,852 $
889 $ 2,191 $ 896 $ 2,209 $
32 78 28 69
921 $ 2,269 $ 924 $ 2,278 $
7$ 18 $
(4) (9)
3$ 9$
* Source : Miami-Dade County Property Appraiser 's - 2015-average-median-homestead-residential-values file
Voted Debt
Total Miami Beach
$ Change in Taxes
City of Miami Beach
Operating
Voted Debt
Total Miami Beach
Operating
Homesteaded Properties
FY 2015/16
FY 2016/17
with 0.8% CPI
June 1st July 1st
Preliminary Certified
Operating 5.6009 5.6009 5.6857
Renewal and Replacement 0.1083 0.0235
5.7092 5.7092
Debt Service 0.1810 0.1796
Combined Millage Rate 5.8902 5.888
Combined Millage Rate Analysis
16
As part of the development of the proposed FY 2016/17 proposed budget,
departments were requested to submit lists of potential reductions/efficiencies totaling
3 percent of their FY 2015/16 budgets. A list of the potential efficiencies and 3 percent
reductions can be found in Attachment A. The lists were reviewed extensively by the
City Manager, Executive Team, Department Directors, and the Budget Office. As a
result of this review, recommended reductions/efficiencies totaling $1,127,000 for the
General Fund were identified.
Additionally, departments were requested to submit potential enhancements to their
budgets, which can be found in Attachment B. These potential enhancements help
address several of the City's strategic priorities.
Enhancement requests that would be funded by the General Fund include:
• Open Data initiative
• Increased televised public meetings
• Enhancing newly created Environmental & Sustainability Department through
additional positions and the development of an Urban Forestry Management
plan
• Enhancing Emergency Management/911 operations
• Expanding staffing for Fire Rescue 44
• Creation of a Homeless Overnight and Recovery Center
• Additional funding for Voluntary Pre-Kindergarten program
• Enhancing the Park Ranger program
• Increasing restroom cleanliness
• Enhanced policing services
• Adding a dedicated School Liaison Officer and a Best Buddies office
associate
• Enhancing tree maintenance
• Bass Museum budget enhancements
Enhancements to be funded by other funds include:
• Adding a dedicated senior systems analyst for the Munis project (Internal
Services Fund)
• Enhancing the Code Compliance Short Term Rental Task Force by three
positions (Resort Fund)
• Enhance preventive maintenance of storm water and sewer infrastructure
(Enterprise Fund)
• Expanding the Can-On-Every-Corner initiative (Enterprise Fund)
• Ciclovía funding for 8 months (Special Revenue Fund)
In summary, the recommended enhancements and reductions/efficiencies result in a
net unallocated surplus of $2.3 million in the General Fund still available for additional
enhancements or additional millage rate reduction after adjusting for proposed
efficiencies of $1 million and proposed enhancements of $59,000.
17
At the June 17th, 2016 Finance and Citywide Projects Committee meeting, the
Transportation fund was discussed and it was requested that a potential funding
source from the General Fund be identified based on General Fund Non-Property Tax
Revenues. Below are several scenarios for potential contributions to the
Transportation Fund. It should be noted that these contributions could potentially
require a millage rate increase in the future. For the scenarios below, it was assumed
that General Fund Non-Property Tax revenues would be $158,219,000 for FY
2016/17.
Scenario 1: 0 percent Transportation Fund Contribution: $0
Scenario 2: Half 1/4 percent Transportation Fund Contribution: $198,000
Scenario 3: ¼ percent Transportation Fund Contribution: $396,000
At the June 6 th , 2016 Finance and Citywide Projects Committee meeting, additional
information was requested regarding the reserves of the General Fund, Resort Tax
Fund, and other major funds. An overview is provided below:
• General Fund reserves: $47,471,901 (16.9% of budget)
• Resort Tax fund reserves: $12,345,000 (25% of budget)
At the June 6 th , 2016 Finance and Citywide Projects Committee meeting, additional
information was requested regarding General Fund expenses. General Fund budget
expenditures have grown on average, 2.7 percent since FY 2007/08.
FY17 CSL
Property Tax Revenues 160,779,000
Non-property Tax Revenues 158,219 ,000
Total Revenues 318,998,000
Department Operating CSL 306,917,000
Capital Funded by General Fund 5,565,000
Total General Fund CSL 312,482,000
Pension Mortality Payment Set-Aside 3,000,000
Risk Management Fund Allowance 1,000,000
Surplus/(Deficit) 2,516,000
Additional Revenues
Proposed Efficiencies 1,051,000
Total 1,051,000
Additional Expenses
Additional Pension costs 1,200,000
Proposed Enhancements 59,000
Transportation Fund -
Total 1,259,000
Unallocated Surplusf(Deficit) 2,308,000
18
C6 B REPORT OF THE JULY 15, 2016 NEIGHBORHOOD/COMMUNITY AFFAIRS
COMMITTEE MEETING: 1. UPDATE ON MUSS PARK. 2. DISCUSSION
REGARDING PROPOSED SITE OPTIONS FOR NEW FIRE STATION NO. 1.3.
TRAFFIC MANAGEMENT ALTERNATIVES DISCUSSED AT THE FEBRUARY 24,
2016 COMMISSION WORKSHOP ON TRAFFIC MANAGEMENT -
TRANSPORTATION OF PUBLIC SCHOOL CHILDREN WITHIN 2-MILE LIMIT. 4.
DISCUSSION ON BATTLE AT THE BEACH. 5. DISCUSSION ON THE CONDITION
OF MIAMI BEACH SIDEWALKS. 6. DISCUSSION TO CONSIDER CHARGING
NON-MIAMI BEACH RESIDENTS FOR TROLLEY USE. 7. DISCUSSION
REGARDING HEALTHIER SNACKS IN OUR VENDING MACHINES. 8.
DISCUSSION ON THE INSTALLATION OF SUNSCREEN DISPENSERS IN ALL
PARKS AND POOLS WHERE CHILDREN PROGRAMS ARE MANAGED BY THE
CITY. 9. DISCUSSION REGARDING THE USE OF AUTO RETURN'S TOW
TECHNOLOGY ON MIAMI BEACH. 10. DISCUSSION REGARDING MIAMI BEACH
UNITED (MBU) "RESIDENTS' RIGHT TO KNOW" PROPOSAL. 11. DISCUSSION
REGARDING RENAMING CONVENTION CENTER DRIVE TO "MUHAMMAD ALI
DRIVE" AND AUTHORIZING THE CREATION OF A STATUE OF MUHAMMAD ALI
TO BE PLACED EITHER IN THE NEW MIAMI BEACH CONVENTION CENTER
(MBCC) PARK OR INSIDE THE RENOVATED MBCC. 12. MONTHLY CRIME
UPDATE. 13. DISCUSSION REGARDING PARTNERSHIP WITH MIAMI-DADE
COLLEGE AND MIAMI-DADE COUNTY PUBLIC SCHOOLS FOR THE EXPANSION
OF DUAL ENROLLMENT OPTIONS TO NAUTILUS MIDDLE SCHOOL AND MIAMI
BEACH SENIOR HIGH SCHOOL. 14. DISCUSSION REGARDING POTENTIALLY
RENAMING NORTH SHORE OPEN SPACE PARK. 15. DISCUSSION REGARDING
CREATING AN "ADOPT-A BENCH PROGRAM," SIMILAR TO THE CENTRAL PARK
MODEL, WHERE ACROSS THE CITY PEOPLE CAN BUY AND NAME BENCHES
AS A WAY TO FINANCE THE BEAUTIFICATION OF PARKS AND OTHER
EXTRAS. 16. DISCUSSION REGARDING A FUNCTIONAL ART PARK
INCORPORATING A NONTRADITIONAL THEMATIC PLAYGROUND. 17.
DISCUSSION REGARDING NAMING OF PARK KNOWN AS BANYAN PARK 18.
DISCUSSION REGARDING TEMPORARY RELOCATION OF MAURICE GIBB
PLAYGROUND. 19. DISCUSSION REGARDING KAYAK LAUNCHES ON
SEAWALLS. 20. DISCUSSION REGARDING MOBILE SHOWERS, AND OTHER
RECOMMENDATIONS, TO EMERGE FROM THE CITY'S HOMELESS
COMMITTEE.
Office of the City Manager
Fiscal Year General Fund
2015-16 300,354,000 7.20%
2014-15 280,079,000 6.10%
2013-14 264,093,000 3.00%
2012-13 256,280,000 4.90%
2011-12 244,336,740 2.90%
2010-11 237,518,114 4.90%
2009-10 226,336,026 -3.80%
2008-09 235,366,925 2.10%
2007-08 230,624,537 -3.00%
19
1. Update On Muss Park Pavilion
AFTER-ACTION
DIRECTION: Defer to September 16, 2016 Neighborhood/Community Affairs
Committee Meeting.
2. Discussion Regarding Proposed Site Options For New Fire Station No. 1.
AFTER-ACTION
DIRECTION: Come back to the September 16, 2016 Neighborhood/Community
Affairs Committee with more information about other options.
3. Traffic Management Alternatives-Transport Public School Children w/n 2-Mile
Limit
AFTER-ACTION
MOTION: Commissioner Alemán motioned to move this to commission with a positive
recommendation from the Neighborhood/Community Affairs Committee regarding the
content of the survey. Vice-Mayor Grieco seconded.
4. Discussion On Battle At The Beach
AFTER-ACTION
VOTE OF ACCLAMATION TO MOVE THIS TO COMMISSION
5. Discussion On The Condition Of Miami Beach Sidewalks
AFTER-ACTION
DIRECTION: Defer to the September 16, 2016 Neighborhood/Community Affairs
Committee Meeting
6. Discussion To Consider Charging Non-Miami Beach Residents For Trolley Use
AFTER-ACTION
DIRECTION: Defer to the September 16, 2016 Neighborhood/Community Affairs
Committee Meeting
7. Discussion Regarding Healthier Snacks In Our Vending Machines
AFTER-ACTION
VOTE OF ACCLAMATION TO MOVE THIS TO COMMISSION
8. Discussion On The Installation Of Sunscreen Dispensers In All Parks And
Pools Where Children Programs Are Managed By The City
AFTER-ACTION
DIRECTION: Defer to the September 16, 2016 Neighborhood/Community Affairs
Committee Meeting
9. Discussion Regarding The Use Of Auto Return’s Tow Technology On Miami
Beach
AFTER-ACTION
ITEM WITHDRAWN
20
10. Discussion Regarding Miami Beach United (MBU) “Residents’ Right To
Know” Proposal
AFTER-ACTION
MOTION: Commissioner Rosen Gonzalez motioned for this to go with a draft
Ordinance the September commission meeting. Commissioner Steinberg seconded.
All in favor.
11. Discussion Regarding Renaming Convention Center Drive To “Muhammad
Ali Drive” And Authorizing The Creation Of A Statue Of Muhammad Ali To Be
Place Either In The New Miami Beach Convention Center (MBCC) Park Or Inside
The Renovated MBCC
AFTER-ACTION
VOTE OF ACCLAMATION RECOMMENDING A CODE AMENDMENT TO ALLOW
FOR THE CO-NAMING OF CONVENTION CENTER DRIVE AS MUHAMMAD ALI
DRIVE TO THE COMMISSION WITH A SUN SETTING OPTION
DIRECTION: Come back to the September 16, 2016 Neighborhood/Community
Affairs Committee meeting to address the statue part of the item.
MONTHLY CRIME UPDATE
12. Monthly Crime Update
AFTER-ACTION
NO ACTION TAKEN
NEW BUSINESS
13. Discussion Regarding Partnership With Miami-Dade College And Miami-
Dade County Public Schools For The Expansion Of Dual Enrollment Options To
Nautilus Middle School And Miami Beach Senior High School
AFTER-ACTION
VOTE OF ACCLAMATION FROM THE NEIGHBORHOOD COMMUNITY AFFAIRS
COMMITTEE TO SUPPORT THIS ITEM
14. Discussion Regarding Potentially Renaming North Shore Open Space Park
AFTER-ACTION
DIRECTION: Come back to the October 21, 2016 Neighborhood/Community Affairs
Committee meeting.
15. Discussion Regarding Creating An “Adopt-A Bench Program,” Similar To
The Central Park Model, Where Across The City People Can Buy And Name
Benches As A Way To Finance The Beautification Of Parks And Other Extras
AFTER-ACTION
DIRECTION : Defer to the September 16, 2016 Neighborhood/Community Affairs
Committee Meeting
16. Discussion Regarding A Functional Art Park Incorporating A Non-
Traditional Thematic Playground
AFTER-ACTION
MOTION : Commissioner Alemán moved this to commission with a favorable
recommendation to move forward with this program with Maurice Gibb Park as the
desired location. Vice-Mayor Grieco seconded.
21
17. Discussion Regarding Naming Of Park Known As Banyan Park
AFTER-ACTION
NO ACTION TAKEN
18. Discussion Regarding Temporary Relocation Of Maurice Gibb Playground
AFTER-ACTION
DIRECTION: Defer to the September 16, 2016 ` Meeting
19. Discussion Regarding Kayak Launches On Seawalls
AFTER-ACTION
DIRECTION: Defer to the September 16, 2016 Neighborhood/Community Affairs
Committee Meeting
20. Discussion Regarding Mobile Showers, And Other Recommendations, To
Emerge From The City’s Homeless Committee
AFTER-ACTION
NO ACTION TAKEN
C6 C REPORT OF THE JULY 20, 2016 LAND USE AND DEVELOPMENT COMMITTEE
MEETING: 1. AN ORDINANCE AMENDING CHAPTER 142 OF THE CITY CODE AS
IT PERTAINS TO ALCOHOLIC BEVERAGE ESTABLISHMENTS ON THE WEST
SIDE OF ALTON ROAD AND THE SOUTH SIDE OF 17TH STREET. 2. UPDATE ON
THE TRANSIT HUB ON THE 500 BLOCK OF ALTON ROAD. 3. DISCUSSION
REGARDING EXPLORING LIMITING PACKAGE STORE ALCOHOL SALES TO NO
EARLIER THAN 10:00 A.M., AS RECOMMENDED BY THE MIAMI BEACH
HOMELESS COMMITTEE. 4. DISCUSSION REGARDING THE RECOMMENDATION
OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO ESTABLISH
MORE AGGRESSIVE REQUIREMENTS FOR EMPLOYEE TRANSPORTATION
PLANS. 5. DISCUSSION REGARDING POTENTIAL ORDINANCE AMENDMENT
ADDRESSING FURTHER RESTRICTIONS ON ILLEGAL SHORT TERM RENTALS
(STR) IN SUITE-AND CONDO-HOTELS. 6. DISCUSSION REGARDING AN
AMENDMENT TO THE WEST AVENUE OVERLAY TO REMOVE THE CURRENT
ALLOWANCE FOR BED AND BREAKFAST AND SUITE HOTEL USES. 7.
DISCUSSION REGARDING AMENDING CHAPTER 114 PROHIBITING PACKAGE
STORES IN THE MXE DISTRICT. 8. AMENDMENT TO SEC. 118-394 OF THE CITY
CODE TO EXPAND AND BETTER DEFINE THE DISCONTINUANCE PROCEDURES
FOR LEGAL NON-CONFORMING USES.
Planning
1. Ordinance Amending Chapter 142 Pertaining To Alcoholic Beverage
Establishments On The West Side Of Alton Road & South Side Of 17th Street.
AFTER-ACTION:
MOTION: JA/MG (3-0)
Recommend approval of the item as amended and that the matter be referred by the
City Commission to the Planning Board.
2. Update On The Transit Hub On The 500 Block Of Alton Road.
MOTION: Continued to September 21, 2016 by Acclamation.
22
3. Exploring Limiting Package Store Alcohol Sales To No Earlier Than 10:00
a.m., As Recommended By The Miami Beach Homeless Committee.
AFTER-ACTION:
MOTION: MG/JA (3-0)
Continue the item to September 21, 2016 and direct the administration to prepare an
Ordinance that includes geographic restrictions and require an assessment within a
year of implementation.
4. Recommendation Of The Neighborhood/Community Affairs Committee To
Establish More Aggressive Requirements For Employee Transportation Plans.
MOTION: Continued to September 21, 2016 by Acclamation.
5. Potential Ordinance Amendment RE Further Restrictions On Illegal STRs In
Suite- And Condo-Hotels.
AFTER-ACTION:
MOTION: Continued to September 21, 2016 by Acclamation .
6. Amendment To The West Avenue Overlay To Remove The Current Allowance
For Bed And Breakfast And Suite Hotel Uses.
AFTER-ACTION:
MOTION: Continued to September 21, 2016 and direct the Administration to provide
additional information on the number of suite hotel, bed & breakfast and office
conversions in the area, by Acclamation.
7. Amending Chapter 114 Prohibiting Package Stores in the MXE District.
AFTER-ACTION:
MOTION: Continued to September 21, 2016 by Acclamation.
8. Amend Sec. 118-394 To Expand And Define The Discontinuance Procedures
For Legal Non-Conforming Uses.
AFTER-ACTION:
MOTION: Continued to September 21, 2016 by Acclamation.
C6 D REPORT OF THE JULY 20, 2016 SUSTAINABILITY & RESILIENCY COMMITTEE
MEETING: 1) MAYOR'S BLUE RIBBON PANEL ON FLOODING AND SEA LEVEL
RISE. 2) SUSTAINABILITY COMMITTEE. 3) RESILIENCY STRATEGY UPDATE. 4)
REFERRAL TO DISCUSS PROHIBITING CONTRACTORS FROM USING
ROUNDUP AND OTHER CHEMICALS LABELED AS CARCINOGENS IN PUBLIC
SPACES. 5) DISCUSSION ON THE ELIMINATION AND/OR PHASING OUT OF
GAS-POWERED LEAF BLOWERS. 6) DISCUSSION ON THE SEABIN PROJECT
AS AN OPTION TO REDUCE LITTER IN THE CITY'S WATERWAYS. 7)
DISCUSSION REGARDING HOW GREEN INFRASTRUCTURE INCLUDING LIVING
OR HYBRID SHORELINES CAN COMPLEMENT GREY INFRASTRUCTURE IN
OUR CLIMATE ADAPTATION ON GOING WORK. 8) DISCUSSION TO CONSIDER
ESTABLISHING A CITY SUSTAINABLE PROCUREMENT POLICY. 9) DISCUSSION
ON CHARGING A 5¢ FEE ON PLASTIC BAGS SIMILAR TO THAT APPROVED BY
THE NEW YORK CITY COUNCIL. 10) DISCUSSION ON STORMWATER BEST
MANAGEMENT PRACTICES. 11) DISCUSSION ON THE CITY'S ANTI-IDLING
POLICY. 12) DISCUSSION REGARDING EXPLORING THE USE OF TRIODETIC'S
23
TUBE AND HUB TECHNOLOGY TO RAISE A MUNICIPAL BUILDING AS A
PROTOTYPE FOR RESIDENTS.
Environment and Sustainability
1. Prohibiting Contractors From Using Roundup & Other Chemicals Labeled As
Carcinogens ln Public Spaces.
ACTION : Item deferred to September 21, 2016 Sustainability and Resiliency
Committee.
2. Discussion To Consider Establishing A City Sustainable Procurement Policy.
AFTER-ACTION
ACTION: Item referred to the City Commission with a preliminary recommendation.
Motion made by Commissioner Arriola, Seconded by Commissioner Rosen-
Gonzalez.
3. Discussion on the City’s Anti-Idling Policy
AFTER-ACTION
ACTION: Item continued to the September 21, 2016 Sustainability and Resiliency
Committee.
4. Discussion Regarding The Seabin Project As An Option To Reduce Litter ln
The City's Waterways.
AFTER-ACTION
ACTION : Item deferred to November or until an update on the pilot program is
available.
5. Discussion Regarding the Securing and Storage Of Commercial Dumpsters.
AFTER-ACTION
ACTION: Item continued to September 21, 2016 Sustainability and Resiliency
Committee.
6. Discussion on Charging a 5¢ Fee on Plastic Bags Similar To That Approved
By the New York City Council.
ACTION: Item was withdrawn at the request of Commissioner Rosen-Gonzalez.
7. Discussion on Stormwater Best Management Practices
AFTER-ACTION:
ACTION: No further action taken.
8. Exploring The Use Of Triodetic's Tube And Hub Technology To Raise A
Municipal Building As A Prototype For Residents
AFTER-ACTION:
ACTION: No further action taken.
9. Mayor’s Blue Ribbon Panel on Flooding and Sea Level Rise
AFTER-ACTION:
ACTION: No further action taken.
10. Sustainability Committee
AFTER-ACTION:
ACTION: No further action taken.
24
11. Resiliency Strategy
AFTER-ACTION:
ACTION: No further action taken.
C6 E REPORT OF THE JULY 22, 2016 FINANCE AND CITYWIDE PROJECTS
COMMITTEE MEETING: 1. FINALIZING PROPOSED FY 2016/17 CAPITAL
BUDGETS 2. PROPOSED USES OF LAW ENFORCEMENT TRUST FUNDS 3.
FINALIZING PROPOSED FY 2016/17 OPERATING BUDGET 4. PROPOSED
WATER AND SEWER RATES 5. STORMWATER UPDATE 6. DISCUSSION
REGARDING WHETHER OR NOT TO PURSUE FOOD AND BEVERAGE
CONCESSIONS FOR SOUNDSCAPE PARK, COLLINS PARK, AND THE MIAMI
BEACH BOTANICAL GARDEN 7. DISCUSSION REGARDING THE PROPOSED
SITE OPTIONS FOR THE NEW FIRE STATION NO. 1 8. DISCUSSION SEEKING
CITYWIDE WIFI SOLUTIONS AND CMB BECOMING ITS OWN INTERNET
SERVICE PROVIDER 9. DISCUSSION REGARDING MIAMI NEW DRAMA
BECOMING THE RESIDENT THEATER AND VENUE MANAGER FOR THE
COLONY THEATER AS A PILOT PROGRAM 10. DISCUSSION TO CONSIDER
THE CLOSED CAPTIONING FOR THE HEARING IMPAIRED OF THE CITY'S
VIDEO-RECORDED MEETINGS AND EVENTS 11. DISCUSSION REGARDING A
COMPETITION SWIMMING POOL 12. DISCUSSION REGARDING ADVERTISING
OPPORTUNITIES WITHIN MUNICIPAL PARKING GARAGES AND NOT VISIBLE
FROM THE RIGHT-OF-WAY 13. DISCUSSION REGARDING A CITY EMPLOYEE
HEALTHY CAFETERIA 14. A. DISCUSSION REGARDING 300 ALTON ROAD B.
DISCUSSION REGARDING PROPOSED MIAMI BEACH MARINA DEVELOPMENT
AGREEMENT 15. DISCUSSION TO WORK WITH MIAMI-DADE COUNTY PUBLIC
SCHOOLS (MDCPS) TO ASSESS THE VIABILITY AND INTEREST IN A CITY OF
MIAMI BEACH SCHOOL BUS SERVICE WITHIN THE 2-MILE BOUNDARY OF
SCHOOL BUS SERVICE PROVIDED BY MDCPS 16. DISCUSSION REGARDING A
REVIEW OF THE FINE SCHEDULE FOR LITTERING ON THE BEACH 17.
DISCUSSION REGARDING BUILDING A SATELLITE CITY CENTER AT THE
NORTH BEACH POLICE STATION 18. DISCUSSION REGARDING THE
EXCHANGE OF PROPERTY WITH THE OWNER OF 5860 NORTH BAY ROAD IN
ORDER TO RESOLVE THE EXISTING BOUNDARY LINES, AND THE LOCATION
OF A FUTURE CITY PUMP STATION AND SEWER LINE 19. DISCUSSION
REGARDING CHANGE ORDERS PROTOCOL/POLICY FOR CONSTRUCTION
PROJECTS 20. DISCUSS REGARDING FUTURE USES OR THE POTENTIAL
SALE OF VACANT CITY-OWNED LAND LOCATED AT 226 87TH TERRACE.
Finance
1. FINALIZING PROPOSED FY 2016/17 CAPITAL BUDGETS
ACTION
At the July 6th Finance and Citywide Projects Committee meeting additional
changes were requested for the proposed Capital Budget. The revised Proposed
Capital Budget includes:
• Added new request for North Shore Bandshell stage and sound system
improvements of $102,600 (Quality of Life- North Beach Fund #156).
• Added funding for P55 - New Garage at 2660 Collins Avenue in the amount of
$1,960,000 (Parking Impact Fees, #69) in FY 2016/17 and programmed
25
$2,240,000 in FY 2017/18. The remaining funding for this $14 million project is
programmed in the Parking Operations Fund in FY 2016/17 and FY 2017/18
(#196).
• Added P23- 1623 West Avenue Interceptor Garage in the amount of $3,000,000
(Resort Tax Fund, #75) in FY 2016/17. The FY 2015/16 Resort Tax is currently
projected to end the fiscal year with a $4.5 million surplus; $3 million of this
projected surplus will be used as one-time funds to partially fund this project.
This project is eligible for partial Resort Tax funding as it will provide additional
parking for Lincoln Road in addition to replacing parking along Alton Road if and
when the Miami Beach Light Rail/Modern Streetcar project is built.
• Added P23 - 1623 West Avenue Garage in the amount of $1,165,000 (Parking
Operations Fund, #201) in FY 2016/17 and an additional $4,165,000 in FY
2017/18. Together with the $3 million in Resort Tax funding, this programs
funding for the project at $8.33 million. This leaves a remaining fund balance of
$5,693,563 in the Parking Operations Fund which provides funds for a transfer
to the Transportation Department ($3. 75 million) and the General Fund ($2
million) in FY 2017/18. As a reminder, pursuant to bond covenants, transfers to
the Transportation Fund and Parking Fund can only be made from prior year
surplus. The City has been decreasing the amount of transfer of prior year
Parking Operations surplus Funds to the General Fund over time to allow
funding for parking garages and other parking initiatives. In FY 2015/16, the
transfer was budgeted at $8.4 million. In FY 2016/17, the recommended transfer
is $6.4 million and in FY 2017/18, the recommended transfer is $2 million. The
transfer to the Transportation Fund is recommended to stay fairly constant.
The Committee also requested additional information for several projects:
• North Shore Tennis Sound Mitigation (#161): The North Shore Tennis Center is
located in the park and the courts abut to the park playground and youth center
courtyard. The tennis center management changed over a year ago and the
activity has increased with more players, membership and instruction. The
playground is highly used and therefore generates a lot noise. The courtyard
area is used for afterschool activities, special events and camps and also
generates a lot of noise that resonates throughout all the courts, disrupting play
and tennis instruction. Staff has revisited the project and recommends a revised
mitigation solution at a cost of $35,000. These funds will be used to add acoustic
fencing and landscaping to insulate the North Shore Tennis Center from the
noise generated from the playground and youth center courtyard. This project
was previously listed as "North Shore Tennis Sound Barrier Walls.”
• Bass Museum: As of April 15, 2016, only 24% of the $7.5 million grant awarded
to the Bass Museum for renovations has been spent. As a result, Staff
recommended that the request from the Bass Museum of $100,000 for Cafe
furniture and fixtures not be funded until they are closer to reaching full
expenditure of the grant.
26
The Commission decided to include this request in the amount of $100,000 from
the South Beach Quality of Life funds leaving a remaining balance of $8,422 in
this fund.
• Intelligent Transportation System: Traffic Management Center (TMC) Price by
Phase Assuming Co-Location with FOOT District 6 TMC.
• Green Bicycle Lanes: Green bicycle lanes are implemented at locations with
existing bicycle lanes to enhance awareness of the dedicated space for
bicyclists in the roadway. Staff is currently pursuing the implementation of green
bicycle lanes along roadways with the following characteristics:
o Roadways that do not have sufficient Right-of-Way to accommodate
protected bicycle lanes;
o Roadways with poor pavement conditions that will not support the removal of
existing pavement markings without major re-paving and where
neighborhood projects are 3 years away or more.
Protected bicycle lanes are currently proposed as part of planned neighborhood
projects. Based on the current bid price of $6.50 per square foot for painting
green bicycle lanes, the cost per linear foot of painting green bicycle lanes is
$29.25/L.F.
• Protected Bicycle Lanes: Protected bicycle lanes can only be installed where
sufficient Right-of-Way exists to account for the buffer zone adjacent to the
bicycle lane required for bicycles to operate safely. Below are two examples of
protected bicycle lane configurations and their respective cost:
o Parking-protected bicycle lane with striped buffer zone and cycle lane
separators (e.g., buttons and armadillos): approximately $16.00/L.F.
o Buffer-protected bicycle lane with striped buffer zone and tubular delineators:
approximately $22.50/L.F.
The above cost estimates primarily include the cost of striping the protected bicycle
lane and installing separators. In some cases, the implementation of protected bicycle
lanes is an opportunity to include a landscaped buffer as part of the protected bicycle
lane. In addition, curb work and sidewalk work may be required in some cases. The
27
cost for this additional work or required pavement resurfacing has not been taken into
account in the above estimates.
The Committee recommended earmarking the Ocean Drive Extended Sidewalk
Projects Western Sidewalks to just being funds for the Ocean Drive project until other
phases of the project have been decided on. In addition, it was stated to bring back
figures to include the Viper (New 911 System) in the amount of $552,000 from the
Proposed New Projects.
2. PROPOSED USES OF LAW ENFORCEMENT TRUST FUNDS
ACTION
The City administration is recommending funding for proposed FY 2016/17 uses of
Law Enforcement Trust Funds as shown below:
Miami Beach Police Department
Confiscations - Federal & State Funds
FY 2016/17 Budget Request
FEDERAL FUNDS:
Federal Funds - (603)
FY 2016/17
Dept. Request
Organizational Development Travel & Off-site
testing
$ 70,000
Training Supplement to supplement LETF $ 70,000
Bulletproof Vest Partnership $ 50,000
Graffiti eradication through Teen Job Corp. $ 25,000
Gym Equipment $ -
Total Funds (603) $ 215,000
STATE FUNDS:
State Funds - (607)
FY 2016/17 Dept.
Request
Costs connected with the
prosecution/processing of forfeitures.
$ 40,000
Crime Prevention initiatives & School Liaison
Projects
$ 20,000
AR Rifle Program/initiative- City's match for
reimbursement of rifles at $500.
$ 15,000
15% of State Funds collected in FY 15 to be
used for drug abuse treatment, drug and
crime prevention education and non-profit
community based programs.
$ 36,000
Gym Equipment $ 10,000
Total Funds (607) $ 121,000
Total Federal & State Funds $ 336,000
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3. FINALIZING PROPOSED FY 2016/17 OPERATING BUDGET
ACTION
At the July 6th Finance and Citywide Projects Committee meeting, direction was
given regarding the proposed Millage Rate, efficiencies, and enhancements for the
Operating Budget.
Proposed FY 2016/17 Millage Rate
At the July 6th Finance and Citywide Projects Committee meeting, it was shared that
the July 1st certified taxable values were $34.7 billion. The June 1st preliminary
Property Tax Revenue projections assumed the City Center CRA would grow 10
percent from 2015. The City Center CRA growth rate calculated based on July 1st
certified property resulted in a 16.4 percent increase compared to 2015, thereby
reducing the Citywide Total by a greater percentage than estimated. As a result, the
Property Tax Revenues projections were reduced by $177,000 for the General Fund.
June 1st July 1st
Preliminary Certified
Property Assessment
Existing Values 33,282,000,000
33,532,510,312
New Construction 1,156,000,000
1,165,246,796
Total 34,438,000,000
34,697,757,108
City Center CRA 5,305,000,000
5,612,744,843
Citywide Total 29,133,000,000
29,085,012,265
Property Tax Revenue Projection 160,956,000
160,779,000
Property Tax Revenue Projection Variance
(177,000)
The Commission set the proposed millage rate at the July 13 th meeting and the City
Manager will notify the Property Appraiser by August 4 th . FS 200.065, entitled "Method
of Fixing Millage" establishes specific guidelines that must be used by all local
government entities in setting millage (property tax) rates. Under the statute, the City
is required, within 35 days of receipt of the "Certification of Taxable Value" (received
July 1, 2016), to advise the Miami-Dade County Property Appraiser of the proposed
general operating millage rate, the calculated “rolled-back” rate and the date, time,
and place of the first public hearing to consider the proposed millage rates and
tentative budgets for FY 2016/17. The required Debt Service millage rate must also be
set at the same time as the general operating millage. The first public hearing is
scheduled for September 14 th and the second public hearing is scheduled for
September 27 th .
After setting the operating millage rate, the Commission may, at any time prior to the
final adoption, lower the rates by adjusting priorities. However, increasing the millage
rate may only be accomplished by an expensive mailing and advertising process to
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every property owner on Miami Beach. The City’s proposed operating millage rate as
well as that of other taxing authorities will be included in the Truth-in-Millage (TRIM)
statement sent to each property owner in the City.
The proposed combined millage rate of 5.8888, which was set at the July 13 th
meeting, is to our knowledge, now the lowest in the history of the City of Miami Beach,
and certainly in the last 54 years for which we have found records.
The impact to a property owner of a homesteaded property would be that the property
tax bill to the City of Miami Beach would increase $2 for a median property and $6 for
an average property assuming median and average home property values increased
by 0. 7 percent year over year.
The Committee requested additional information on the impact to maintain Property
Taxes for Homesteaded properties equivalent to FY 2015/16. This would decrease
the Property Tax Revenues for FY 2016/17 by $555,000 to $160,224,000 and would
result in a combined millage rate of 5.8691, 0.0197 mills lower than the proposed rate.
Fiscal Year Millage Rate Difference
FY10 5.9123
FY11 6.5025 0.5902
FY12 6.4539 -0.0486
FY13 6.3477 -0.1062
FY14 6.1163 -0.2314
FY15 6.0237 -0.0926
FY16 5.9123 -0.1114
FY17 5.8888 -0.0235
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Reductions/Efficiencies and Enhancements in the Operating Budget
On July 6th, the Committee accepted the recommended reductions/efficiencies with
the addition of reducing overtime in the Parks and Recreation department. The
updated savings from the recommended reductions/efficiencies in the General Fund
totals $1,144,000.
The Committee also recommended accepting the proposed additions and service
enhancements with the following changes listed below:
General Fund
• Add $1,371,000 to create a new response unit within the Fire Department for the
purpose of staffing an additional Rescue Unit at Fire Station 4 which includes
staffing for the Fire Boat.
• Add $54,000 to expand the Miami Beach Nurse Enhancement Initiative to extend
behavioral health services to Fienberg Fisher K-8 Center, South Pointe Elementary,
Nautilus Middle School, Biscayne Elementary, and Miami Beach Senior High
School.
• Add $100,000 to provide venue, entertainment, food and decorations to replace the
Convention Center site while the Center undergoes renovation to host the four
citywide senior events.
• Add $95,000 to increase the current level of bathroom service around the UNIDAD
Senior Center area.
• Add $80,000 to increase the current level of service of inclusionary aides for the
summer camps.
• Add $212,000 for three police officers to enhance services to the 41st Street
Corridor and boardwalk coverage.
• Add $143,000 for two police officers to meet the growing and changing needs of the
North Beach community.
• Add $45,000 to provide oversight and supervision for the City's School Resource
Officer Program.
Special Revenue Funds
• Add $141,000 to sustain the Voluntary Pre-Kindergarten program funded via the
Education Compact Fund.
• Add $13,000 to expand dual enrollment options at Nautilus Middle School and Miami
Beach Senior High School, through a partnership with City of Miami Beach, Miami-
Dade College and Miami-Dade County Public Schools funded via the Education
Compact Fund.
• Revise funding for eight Ciclovía events to three annual events at $120,000.
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Resort Tax
• Add $1 ,093,000 for the new Entertainment District within the Police Department
which includes 12 new police officers and 24/7 coverage within the entertainment
area which includes Ocean Drive, Washington Avenue, Collins Avenue and any
adjacent areas as required. This unit will also have dedicated homeless outreach
responsibilities.
As stated at the June 13th Committee Meeting, funding for Special Events such as the
World Out Games ($300,000), the Major League Baseball All-Star Game ($100,000),
and the North Beach Tennis Event ($50,000) will be funded from the projected FY
2015/16 year end surplus in Resort Tax. Funding for the Miami Beach Air & Sea Show
($650,000) remains pending. Staff also recommends funding $67,000 of one-time
expenses for ATVs to support the Police enhancements approved by the Committee
to be funded from the projected FY 2015/16 year end surplus in Resort Tax.
The Committee also requested a budget/expense projection for the $7.5 million grant
provided to the Bass Museum for their renovation.
FY 2016/17 Proposed Budget
Non-Property Tax Revenues have been adjusted to reflect a lower transfer from the
Parking Operations Fund. The City has been decreasing the amount of transfer of
prior year Parking Operations surplus Funds to the General Fund over time to allow
funding for parking garages and other parking initiatives. In FY 2015/16, the transfer
was budgeted at $8.4 million. In FY 2016/17, the recommended transfer is $6.4 million
and in FY 2017/18, the recommended transfer is $2 million. The net result of these
changes including the proposed efficiencies and enhancements approved by the
Committee on July 61 h results in an unallocated surplus in the General Fund of
$1,088,000.
Additional enhancements proposed by Staff, funding permitting, include:
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General Fund
• $3 million set-aside to off-set estimated $6 million Pension Mortality Payment in
Fiscal Year 2017/18.
• $74,000 for an Energy Analyst in the Environmental & Sustainability Department to
enable the City to accomplish its energy and sustainability strategic initiatives,
including reducing greenhouse gas emissions and energy consumption. By
establishing this position, the City could recognize cost savings by better monitoring
our energy consumption and making recommendations for reducing energy use.
Such savings could exceed the salary of the position.
• $135,000 for the Department of Emergency Management to insure monthly,
quarterly and yearly maintenance, testing and certifications of all City of Miami
Beach storage tank sites and remain in compliance with DERM and the Miami Dade
Regulatory and Environmental Resource Division.
• $60,000 for the Office of Housing and Community Services to provide short-term
employment for homeless persons placed in shelter as a transition to seeking
permanent, independent employment.
• $509,000 for the Department of Parks and Recreation for six full-time and two part-
time Park Rangers at Lummus Park.
• $50,000 for the Planning Department to create a new Office Associate Ill position in
the Office of the Clerk of the Boards division for the purpose of scanning, indexing
and archiving all Land Use, Historic Preservation & Zoning Map
documents/information which are used to update the Historic Preservation webpage,
and to assist in creating a Phone-App.
• $200,000 for the Publics Works Department for two Greenspace Management Tree
Trimmers and one bucket truck for Right-Of-Way Tree Maintenance throughout the
City of Miami Beach.
Internal Service Fund
• $70,000 for the Office of Information and Technology to connect to the NAP building
in downtown Miami. A cut in this single path, as took place on April 30 th, 2016,
leaves the City totally disconnected from its servers at the NAP. The funds in this
enhancement are to procure a physically diversified route to the NAP. Furthermore,
diversifying vendors will ensure that if an issue were to affect AT&T and their ability
to provide the network path, the city would still be able to reach the NAP as this path
would belong to a vendor totally independent of AT&T.
Enterprise Fund
• $48,000 for the Parking Department to create a new position within the Parking
Department for the reception area which is currently services by temporary
employees. This would reduce temporary labor costs in the department by $40,000.
The chart below breaks out the total recommended enhancements per fund if the
above recommendations are approved by the Committee:
33
The Committee requested additional information regarding future grant funds for the
City's Cat Spay and Neuter Program. The City intends to apply for continuation grant
funding for the Spay and Neuter Program. We currently have a grant from PetSmart
Charities in the amount of $96,050. It is a 2-year grant with $48,780 awarded for FY
2015/16, and $47,270 awarded for FY 2016/17; the grant expires in March 2017. The
program has been successful and we plan to apply for continuation of funding during
the upcoming grant cycle. As a result, the enhancement request for Spaying and
Neutering of Cats (Attachment B, #68) was not proposed.
The Committee also requested additional information on the Risk Management Fund.
The Governmental Accounting Standards Board (GASB) issued Statement No. 10 in
November of 1989. This Statement established accounting and financial reporting
standards for risk and insurance related activities for state and local governments.
Standards were established for measuring liabilities of loss for the following related
events:
1. Torts.
2. Theft of, damage to, or destruction of assets.
3. Business interruption.
4. Errors or omissions.
5. Job-related illnesses or injuries to employees.
6. Acts of God.
7. Other risks of loss of participating entities assumed under a policy or
participation contract issued by a public entity risk pool.
A liability must be recognized in the Risk Management Fund (expense and a liability) if
the following two criteria are met:
a. Information available before the financial statements are issued indicates that it
is probable that an asset had been impaired or a liability had been incurred at
the date of the financial statements. It is implicit in this condition that it must be
probable that one or more future events will also occur, confirming the fact of
the loss.
b. The amount of the loss can be reasonably estimated.
The City hires an independent actuary to provide us with the information above. Item
(a) is the incurred but not reported (IBNR) and item (b) is the pending claims. The
table below shows the trends in fund balance for this fund considering the two criteria.
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The City of Miami Beach has budgeted $1,134,000 in FY15/16 and FY16/17 to reduce
this fund balance. The Commission can decide to set aside an additional $1 million in
FY16/17, but we have removed the additional amount as a proposed enhancement.
Additionally, the Commission requested additional information for Education Compact
Fund and projected expenses through FY 2017/18 which are shown below:
In FY 2015/16 $100,000 was set aside for Educational Initiatives in the Citywide
account which is not projected to be spent but will be rolled over to FY 2016/17 to
supplement the Education Compact Fund programs (asterisked above) as noted in
the graph below:
35
In FY 2016/17 the total proposed funding for VPK is $141,000, International
Baccalaureate Program totals $50,000, Other Education Expenses totals $18,000, the
City of Miami Beach Nurse Initiative $54,000 and the Substitute Teacher Incentive
Program totals $3,000.
Staff has also prepared a report which lists all of the current vacant positions. Staff
recommends eliminating the Heavy Equipment Operator position in Sanitation which
would result in a savings of $41,000 in the Enterprise Fund.
Below are enhancement requests from the Commission to be brought to the first
budget hearing meeting:
• Add $3,000,000 for Pension Mortality Payment Set Aside.
• Add $60,000 for the Work Training Program for Housing & Community
Services.
• Add $70,000 for Network Path Diversity for redundancy.
• Add $135,000 for a Storage Tank Maintenance Program.
• Add $48,000 for Parking Administration Reception.
• Add $509,000 for Park Rangers for Lummus Park (ODTF Request) 6 Fulltime
Park Rangers & 2 Part-time Park Rangers.
• Add $50,000 for Office Associate Ill (Best Buddies).
• Add $67,000 for A TV's- Six to support approved Police enhancements.
• Add $200,000 for Two (2) Greenspace Mgt. Tree Trimmers and one bucket
truck for Rights-of Way Tree Maintenance throughout the City of Miami Beach.
• Earmarked funds in the amount of $650,000 for the Miami Beach Air & Sea
Show from the year end Resort Taxes.
• Add $41,000 for Spay and Neutered of Cats that will be funded by a grant.
Staff will provide recommendations on how to fund the following enhancement
requests from the Commission at the first budget hearing meeting:
• A detailed breakdown of the Bass Museum Budget Increase in the
amount of $560,000 and options of where funds can be reduced in other
areas of the general fund to include the requested enhancement.
• Addition of $236,000 for Two (2) City Hall Security Guard Police Officers.
• Addition of Open Data project including a revised cost estimate.
• Addition of $25,000 for the Police Department for sensitivity training.
NEW BUSINESS
4. PROPOSED WATER AND SEWER RATES
ACTION
The Committee requested that staff provide more information on a base minimum
charge for the water rate structure, sanitary sewer charges and DERM fees. This
would promote conservation with a minimum usage and cost across the board to both
part time and full time residents. This could potentially change there being no water
rate increases for the next fiscal year.
36
5. STORMWATER UPDATE
ACTION
The Committee requested that staff prepare the increase in the current monthly
Stormwater rates per ERU. This will fund the next $100 million of Stormwater Project
needs based on the projected revenue requirements needed for FY2016/17 debt
service budget.
OLD BUSINESS
6. DISCUSSION REGARDING WHETHER OR NOT TO PURSUE FOOD AND
BEVERAGE CONCESSIONS FOR SOUNDSCAPE PARK, COLLINS PARK, AND
THE MIAMI BEACH BOTANICAL GARDEN
(May 21, 2014 Commission Item C4C)(Continued from May 20, 2016 FCWPC
Meeting)
ACTION
Item deferred.
7. DISCUSSION REGARDING THE PROPOSED SITE OPTIONS FOR THE NEW
FIRE STATION
No. 1 (January 13, 2016 Commission Item C4A)(Continued from April 22, 2016
FCWPC Meeting)
ACTION
The Committee recommended moving forward with Option 2:
• Fire station and PAL building remains the same as Option 1
• Four (4) level parking garage with 256 spaces (35 feet in height)
• Project timeline remains the same as Option 1
• Probable order of magnitude estimate
o Fire Station Canst. Cost $ 5,367,561
o PAL Building Canst. Cost $ 3,110,208
o Parking Garage (256 spaces) Canst. Cost $ 5,991,040
o Temporary Parking Lot $ 670,000
o Soft Costs $ 5,064,067
Total $20,202,831
The City Attorney is looking into clarification from the County on the timing of the
referendum language and if this item has to be included on the November ballot.
8. DISCUSSION SEEKING CITYWIDE WIFI SOLUTIONS AND CMB BECOMING
ITS OWN INTERNET SERVICE PROVIDER
(January 13, 2016 Commission Item C4C)(Continued from March 18, 2016 FCWPC
Meeting)
ACTION
Item deferred.
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9. DISCUSSION REGARDING MIAMI NEW DRAMA BECOMING THE RESIDENT
THEATER AND VENUE MANAGER FOR THE COLONY THEATER AS A PILOT
PROGRAM (April 13, 2016 Commission Item C4M)(Continued from May 20, 2016
FCWPC Meeting)
ACTION
The Committee recommended that staff provide three (3) options including matching
funds and funding from the endowment that identifies where funding would come from
if the City of Miami Beach were to provide funding to Miami New Drama in the amount
of $170,000.
10. DISCUSSION TO CONSIDER THE CLOSED CAPTIONING FOR THE HEARING
IMPAIRED OF THE CITY'S VIDEO-RECORDED MEETINGS AND EVENTS
(April13, 2016 Commission Item R9M)(Continued from April 22, 2016 FCWPC
Meeting)
ACTION
Item deferred.
11. DISCUSSION REGARDING A COMPETITION SWIMMING POOL
(April 27, 2016 Commission Item R9E)
ACTION
The Committee directed staff to continue looking for sites and manufacturing options
to build the swimming pool.
12. DISCUSSION REGARDING ADVERTISING OPPORTUNITIES WITHIN
MUNICIPAL PARKING
Garages And Not Visible From The Right-Of-Way (May 11, 2016 Commission Item
C4B)
ACTION
The Committee recommended that staff bring back the figures from Miami Parking
Authority to determine if it is profitable to move forward with this item or remove it from
the agenda.
13. DISCUSSION REGARDING A CITY EMPLOYEE HEALTHY CAFETERIA
(May 11, 2016 Commission Item R9T)
ACTION
Item deferred.
NEW BUSINESS
14. A. DISCUSSION REGARDING 300 ALTON ROAD
(MAY 11, 2016 COMMISSION ITEM C4D
B. DISCUSSION REGARDING PROPOSED MIAMI BEACH MARINA
DEVELOPMENT AGREEMENT (MAY 11, 2016 COMMISSION ITEM R9J)
ACTION
Item deferred.
ACTION
15. DISCUSSION TO WORK WITH MIAMI-DADE COUNTY PUBLIC SCHOOLS
(MDCPS) TO ASSESS THE VIABILITY AND INTEREST IN A CITY OF MIAMI
BEACH SCHOOL BUS SERVICE WITHIN THE 2-MILE BOUNDARY OF SCHOOL
BUS SERVICE PROVIDED BY MDCPS (May 11, 2016 Commission Item C4K)
Item deferred.
38
16. DISCUSSION REGARDING A REVIEW OF THE FINE SCHEDULE FOR
LITTERING ON THE BEACH
(May 11, 2016 Commission Item R9R)
ACTION
The Committee moved that the City mirror the State of Florida fine amount for littering
on the City of Miami Beach.
17. DISCUSSION REGARDING BUILDING A SATELLITE CITY CENTER AT THE
NORTH BEACH POLICE STATION
(June 8, 2016 Commission Item C4C)
ACTION
The Committee recommended not moving forward with this item.
18. DISCUSSION REGARDING THE EXCHANGE OF PROPERTY WITH THE
OWNER OF 5860 NORTH BAY ROAD IN ORDER TO RESOLVE THE EXISTING
BOUNDARY LINES, AND THE LOCATION OF A FUTURE CITY PUMP STATION
AND SEWER LINE
(June 8, 2016 Commission Item C4F)
ACTION
Item deferred.
19. DISCUSSION REGARDING CHANGE ORDERS PROTOCOL/POLICY FOR
CONSTRUCTION PROJECTS
(June 8, 2016 Commission Item R7R)
ACTION
The Committee recommended not moving forward with this item, but it was noted to
staff that if they feel a change order needs to be brought to the Finance Committee
that staff can do that.
20. DISCUSSION REGARDING FUTURE USES OR THE POTENTIAL SALE OF
VACANT CITY-OWNED LAND LOCATED AT 226 87TH TERRACE
(July 13, 2016 Commission Item C4J)
ACTION
Item deferred.
C7 - Resolutions
C7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, RECOGNIZING AND APPROVING EARLY VOTING FOR
THE NOVEMBER 8, 2016 CITY OF MIAMI BEACH SPECIAL ELECTION.
Office of the City Clerk
ACTION: Resolution 2016-29525 adopted. Rafael E. Granado to handle.
39
C7 B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AUTHORIZING THE MIAMI-DADE COUNTY
CANVASSING BOARD FOR THE NOVEMBER 8, 2016 GENERAL ELECTION TO
SERVE AS THE CANVASSING BOARD FOR THE CITY OF MIAMI BEACH'S
SPECIAL ELECTION TO BE HELD ON NOVEMBER 8, 2016.
Office of the City Clerk
ACTION: Resolution 2016-29526 adopted. Rafael E. Granado to handle.
C7 C A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AN EXPENDITURE OF BUDGETED FUNDS
IN REASONABLE AND NECESSARY AMOUNTS FOR THE PUBLIC PURPOSE OF
INFORMING AND EDUCATING VOTERS OF THE CITY OF MIAMI BEACH
REGARDING BALLOT QUESTIONS ON THE CITY'S NOVEMBER 8, 2016 SPECIAL
ELECTION IN ORDER TO ACHIEVE A MORE INFORMED ELECTORATE VOTE.
Office of the City Clerk/Marketing and Communications
ACTION: Resolution 2016-29527 adopted. Rafael E. Granado and Tonya Daniels
to handle.
C7 D REAPPOINTMENT OF CHIEF SPECIAL MASTER:
1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER, PURSUANT TO SECTION 30-36 OF THE CODE OF THE CITY OF
MIAMI BEACH, CONCERNING THE REAPPOINTMENT OF ENRIQUE ZAMORA,
ESQ., TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM COMMENCING ON
OCTOBER 24, 2016 AND ENDING ON APRIL 23, 2017; PROVIDED FURTHER
THAT CHIEF SPECIAL MASTER ZAMORA SHALL BE AUTHORIZED TO HOLD
HEARINGS AND IMPOSE FINES, LIENS AND OTHER NON-CRIMINAL PENALTIES
AGAINST VIOLATORS OF THE CITY AND COUNTY CODES AND ORDINANCES,
AND SHALL ALSO BE AUTHORIZED TO APPOINT SUCH OTHER SPECIAL
MASTERS AS MAY REASONABLY BE REQUIRED TO CONDUCT THE SUBJECT
HEARINGS; AND FURTHER INCORPORATING ALL OTHER MATTERS SET
FORTH WITHIN CHAPTER 30 OF THE CITY CODE, INCLUDING, WITHOUT
LIMITATION, SECTIONS 30-37 AND 30-38 THEREOF, CONCERNING THE
COMPENSATION AND DUTIES OF THE CHIEF SPECIAL MASTER.
ACTION: Resolution 2016-29528 adopted. Rafael E. Granado to handle.
2. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND REAPPOINTING, PURSUANT TO
SECTION 102-356 OF THE CITY CODE, ENRIQUE ZAMORA, ESQ. (CHIEF
SPECIAL MASTER REAPPOINTED PURSUANT TO RESOLUTION NO. 2016-
29528), AS THE CITY MANAGER'S "DESIGNEE" UNDER SECTION 102-356 OF
THE CITY CODE; SAID DESIGNATION COMMENCING WITH ZAMORA'S TERM AS
CHIEF SPECIAL MASTER ON OCTOBER 24, 2016 AND ENDING ON APRIL 23,
2017.
Office of the City Clerk
ACTION: Resolution 2016-29529 adopted. Rafael E. Granado to handle.
40
C7 E A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER, AND CITY CLERK
TO EXECUTE A MEMORANDUM OF UNDERSTANDING, ON BEHALF OF THE
MIAMI BEACH POLICE DEPARTMENT, BETWEEN THE CITY OF MIAMI BEACH,
THE METROPOLITAN POLICE DEPARTMENT OF WASHINGTON D.C. AND THE
UNITED STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA, FOR THE
PURPOSE OF PARTICIPATING IN THE PRESIDENTIAL INAUGURATION TASK
FORCE, TO PROVIDE CROWD CONTROL AND SECURITY FOR THE 2017
UNITED STATES PRESIDENTIAL INAUGURATION IN WASHINGTON D.C. FROM
JANUARY 15, 2017 THROUGH JANUARY 21, 2017.
Police
ACTION: Resolution 2016-29530 adopted. Chief Daniel Oates to handle.
C7 F A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK
TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH, ON BEHALF OF THE MIAMI BEACH POLICE DEPARTMENT, AND THE
FLORIDA DEPARTMENT OF MANAGEMENT SERVICES, BUREAU OF FEDERAL
PROPERTY ASSISTANCE, WHICH SHALL ALLOW THE TRANSFER OF EXCESS
DEPARTMENT OF DEFENSE PROPERTY TO THE MIAMI BEACH POLICE
DEPARTMENT.
Police
ACTION: Resolution 2016-29531 adopted. Chief Daniel Oates to handle.
C7 G A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK
TO EXECUTE A VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT WITH THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA BY AND THROUGH THE MIAMI-DADE SCHOOLS POLICE
DEPARTMENT, FOR THE PURPOSE OF COORDINATING LAW ENFORCEMENT
PLANNING, OPERATIONS AND MUTUAL AID BENEFIT BETWEEN THE CITY OF
MIAMI BEACH, FLORIDA AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY,
FLORIDA BY AND THROUGH THE MIAMI-DADE SCHOOLS POLICE.
Police
ACTION: Resolution 2016-29532 adopted. Chief Daniel Oates to handle.
C7 H A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE CITY OF MIAMI BEACH, ON BEHALF OF
THE MIAMI BEACH POLICE DEPARTMENT, TO ACCEPT A DONATION OF AN
MRAP PERSONNEL TRANSPORT VEHICLE FROM THE CITY OF CORAL GABLES,
FLORIDA, WITH AN APPROXIMATE VALUE OF $200,000.
Police
ACTION: Resolution 2016-29533 adopted. Chief Daniel Oates to handle.
41
C7 I A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE A CORPORATE RATE AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND THE WASHINGTON PARK HOTEL, LOCATED AT 1050 WASHINGTON
AVENUE, MIAMI BEACH.
Police
ACTION: Resolution 2016-29534 adopted. Chief Daniel Oates to handle.
C7 J A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AN AGREEMENT ATTACHED AS EXHIBIT "A" TO
THIS RESOLUTION, BETWEEN THE CITY AND FLORIDA TENNIS PROMOTIONS,
LLC TO SECURE, HOST AND PRODUCE A SERIES OF INTERNATIONAL TENNIS
FEDERATION EVENTS AS SET FORTH IN EXHIBIT "A"; SAID AGREEMENT
HAVING A TERM OF THREE (3) YEARS COMMENCING UPON EXECUTION;
AUTHORIZING ANNUAL FUNDING IN THE AMOUNT OF $100,000, SUBJECT TO
ANNUAL BUDGET APPROPRIATION AND, FURTHER AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE THE FINAL AGREEMENT UPON CONCLUSION
OF SUCCESSFUL NEGOTIATIONS, PROVIDED THAT IN THE EVENT THAT THE
CITY AND APPLICANT DEEM IT NECESSARY TO INCLUDE ANY NEW
SUBSTANTIVE TERMS (WHICH ARE NOT CONTAINED IN THE ATTACHED DRAFT
AGREEMENT)THEN SUCH NEW SUBSTANTIVE TERMS SHALL BE SUBJECT TO
PRIOR APPROVAL BY THE MAYOR AND CITY COMMISSION BEFORE FINAL
EXECUTION THEREOF.
Tourism, Culture, and Economic Development
Commissioner Micky Steinberg
ACTION: Resolution 2016-29535 adopted. Max Sklar to handle.
C7 K A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE RECOMMENDATION TO WAIVE THE RENTAL FEES AT THE NORTH
SHORE YOUTH CENTER IN THE AMOUNT OF $3,000, AND SPECIAL EVENT
FEES IN THE AMOUNT OF $1,500 IN SUPPORT OF THE BATTLE OF THE BEACH
BOXING EVENT TO BE PRODUCED BY THE POLICE ATHLETIC LEAGUE.
Tourism, Culture, and Economic Development
Commissioner Ricky Arriola
ACTION: Resolution 2016-29536 adopted. Max Sklar to handle.
42
C7 L A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE AND THE
NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT WITH MIAMI-DADE COLLEGE
AND MIAMI-DADE COUNTY PUBLIC SCHOOLS, ACCEPTABLE TO THE CITY
MANAGER AND CITY ATTORNEY, TO PROVIDE DUAL ENROLLMENT COURSES
FOR COLLEGE CREDIT FOR STUDENTS ATTENDING MIAMI BEACH SENIOR
HIGH SCHOOL, NAUTILUS MIDDLE SCHOOL, AND FIENBERG FISHER K-8
CENTER DURING THE 2016-2017 SCHOOL YEAR
Organization Development Performance Initiatives
ACTION: Resolution 2016-29537 adopted. Dr. Leslie Rosenfeld to handle.
C7 M A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. RFQ
2016-138-KB FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES
MAURICE GIBB MEMORIAL PARK, AUTHORIZING THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WITH BERMELLO AJAMIL AND PARTNERS, INC.,
AS THE TOP RANKED PROPOSER; FURTHER, SHOULD THE ADMINISTRATION
NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH BERMELLO
AJAMIL AND PARTNERS, INC., AUTHORIZING THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WITH COASTAL SYSTEMS INTERNATIONAL INC.,
AS THE SECOND HIGHEST RANKED PROPOSER; FURTHER, SHOULD THE
ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT
WITH COASTAL SYSTEMS INTERNATIONAL, INC., AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH TBG PARTNERS, AS
THE THIRD HIGHEST RANKED PROPOSER; FURTHER, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION
OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
Capital Improvement Projects/Procurement
ACTION: Resolution 2016-29538 adopted. David Martinez and Alex Denis to
handle.
Handouts or Reference Materials:
1. Emails from Kristy Bada dated September 13, 2016 to BEA Marketing RE: RFQ 2016-138-KB
FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES MAURICE GIBB
MEMORIAL PARK to the attention of Mr. KK Saxena and Mr. Bruno Ramos.
2. Letter to Bruno E. Ramos, President, beamarketing@beai.com, dated September 13, 2016,
RE: RFQ 2016-138-KB FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES
MAURICE GIBB MEMORIAL PARK.
43
C7 N A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTINUE
THE LIFEGUARD TOWER REPLACEMENT PROGRAM FOR THE PURPOSE OF
COMPLETING THE CONSTRUCTION OF TWENTY (20) LIFEGUARD TOWERS,
AND INCREASING THE PROJECT BUDGET , SUBJECT TO ADOPTION OF THE
FY 16/17 CAPITAL BUDGET AND ANY SUBSEQUENT FUNDING APPROVAL.
Capital Improvement Projects
ACTION: Resolution 2016-29539 adopted. David Martinez to handle.
C7 O A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, PURSUANT TO SECTION 82-93(A), OF THE CITY
CODE, SETTING A PUBLIC HEARING TO CONSIDER APPROVING A
REVOCABLE PERMIT REQUEST BY 418 MERIDIAN, LLC, IN ORDER TO ALLOW
THE INSTALLATION OF CANOPY ON THE EAST FACADE OF THE PLAZA HOTEL,
LOCATED AT 426 MERIDIAN, WHICH CANOPY WOULD BE CONSISTENT WITH
THE HISTORIC DOCUMENTATION FOR THE CONTRIBUTING STRUCTURE
WITHIN THE OCEAN BEACH LOCAL HISTORIC DISTRICT, AND WHICH CANOPY
WOULD EXTEND APPROXIMATELY EIGHT FEET (8') OVER THE RIGHT-OF-WAY
(SIDEWALK) ON MERIDIAN AVENUE, WOULD BE 49 FEET IN LENGTH WITH A
CLEARANCE OF APPROXIMATELY 12 FEET ABOVE THE SIDEWALK, AND
CONSIST OF A TOTAL AREA OF 377.71 SQUARE FEET.
Public Works
ACTION: Resolution 2016-29540 adopted. Public Hearing scheduled for the
October 19, 2016 Commission Meeting. Rafael E. Granado to notice. Eric Carpenter
to handle.
C7 P A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, URGING THE UNITED STATES CONGRESS TO
APPROPRIATE ADEQUATE FUNDING FOR EMERGENCY ZIKA RESPONSE
EFFORTS.
Office of the City Attorney
Commissioner Micky Steinberg
Co-Sponsored by Vice-Mayor Michael Grieco
ACTION: Resolution 2016-29541 adopted. Gloria Baez handle.
44
C7 Q A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A TERMINATION AND ABANDONMENT OF AN
EXISTING UTILITY EASEMENT AGREEMENT BETWEEN THE CITY, AS
GRANTEE, AND MICHAEL AND MARY CARPENTER, AS GRANTOR AND AS THE
OWNERS OF THE PRIVATE RESIDENTIAL PROPERTY AT 118 W EST DI LIDO
DRIVE (THE PROPERTY), AND APPROVING AND AUTHORIZING THE
ACCEPTANCE OF A NEW UTILITY EASEMENT FROM THE OWNERS.
Public Works
ACTION: Resolution 2016-29542 adopted. Eric Carpenter to handle.
C7 R A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO OBTAIN CITIZEN
INPUT PURSUANT TO SECTION 82-93(a) OF THE CITY CODE, TO CONSIDER
APPROVING A REVOCABLE PERMIT REQUEST BY MBEACH1, LLLP, LOCATED
AT 1664-1666 LENOX AVENUE (THE "PROPERTY"), TO INSTALL A "FLIP UP"
FACADE TO THE BUILDING, WHICH FACADE, WHEN OPENED AND LIFTED
BECOMES AN AWNING PROVIDING SHADE OVER THE CITY RIGHT-OF-WAY;
THE AWNING/FACADE WHEN OPENED WILL EXTEND A MAXIMUM OF NINE
FEET (9') OVER THE SIDEWALK ALONG LENOX AVENUE.
Public Works
ACTION: Resolution 2016-29543 adopted. Public Hearing scheduled for the
October 19, 2016 Commission Meeting. Rafael E. Granado to notice. Eric Carpenter
to handle.
C7 S A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2016-
147-KB, FOR CONSTRUCTION MANAGER AT RISK (CMR) FOR RESTORATION
OF CONVENTION CENTER — CARL FISHER CLUBHOUSE, AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH GRACE & NAEEM
UDDIN, INC., AS THE TOP RANKED PROPOSER; FURTHER, SHOULD THE
ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT
WITH GRACE & NAEEM UDDIN, INC., AUTHORIZING THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WITH CRITICAL PATH SERVICES, INC., AS THE
SECOND HIGHEST RANKED PROPOSER; FURTHER, SHOULD THE
ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT
WITH CRITICAL PATH SERVICES, INC., AUTHORIZING THE ADMINISTRATION
TO ENTER INTO NEGOTIATIONS WITH THORNTON CONSTRUCTION
COMPANY, INC., AS THE THIRD HIGHEST RANKED PROPOSER; AND FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT,
UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION.
Capital Improvement Projects/Procurement
ACTION: Resolution 2016-29544 adopted. David Martinez and Alex Denis to
handle.
45
C7 T A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER TO AWARD AN AGREEMENT FOR HOSTED AUTOMATIC CALL
DISTRIBUTOR SERVICES TO UNIFY, INC., AND APPROVING, IN SUBSTANTIAL
FORM, THE AGREEMENT ATTACHED TO THIS RESOLUTION; AND FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT,
SUBJECT TO LEGAL REVIEW AND FORM APPROVAL BY THE CITY ATTORNEY.
Finance/Procurement
ACTION: Resolution 2016-29545 adopted. Allison Williams and Alex Denis to
handle.
C7 U A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING REVISIONS TO THE FILM & PRINT
REQUIREMENTS AND GUIDELINES TO AMEND SECTION V, PARAGRAPH E,
WHICH IS ENTITLED HELICOPTER LANDINGS AND/OR AERIAL FILMING UNDER
1000 FEET, THAT SERVES TO INCLUDE THE FEDERAL AVIATION
ADMINISTRATION'S UNMANNED AERIAL SYSTEM (UAS OR DRONE) RULES,
AND SETS FORTH THOSE PERMIT REQUIREMENTS FOR UTILIZING A UAS OR
DRONE FOR FILMING WITHIN THE CITY.
Tourism, Culture and Economic Development
ACTION: Resolution 2016-29546 adopted. Max Sklar to handle.
C7 V A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2016-097-KB,
FOR CONSULTING SERVICES FOR PUBLIC PRIVATE PARTNERSHIP (P3) FOR
WORKFORCE/AFFORDABLE HOUSING PROJECTS, AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE CONCOURSE
GROUP, AS THE TOP RANKED PROPOSER; FURTHER, SHOULD THE
ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT
WITH THE CONCOURSE GROUP, AUTHORIZING THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WITH KPMG LLP, AS THE SECOND HIGHEST
RANKED PROPOSER; FURTHER, AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL
NEGOTIATIONS BY THE ADMINISTRATION.
Housing & Community Services/Procurement
ACTION: Resolution 2016-29547 adopted. Maria Ruiz and Alex Denis to handle.
46
2:18:17 p.m.
C7 W A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS WITH RESPECT TO
PHASE II OF THE RFP SELECTION PROCESS, PURSUANT TO REQUEST FOR
PROPOSAL (RFP) NO. 2016-009-ME, SEEKING PROPOSALS FROM PARTIES
INTERESTED IN PARTNERING WITH THE CITY TO DEVELOP PUBLIC PARKING
GARAGES WITHIN THE CITY OF MIAMI BEACH, AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TWO (2)
PROPOSERS: WASHINGTON PROPERTIES, LLC / RF 930 WASHINGTON, LLC
AND TERRANOVA CORPORATION; WITH ANY FINAL NEGOTIATED
AGREEMENT(S) SUBJECT TO PRIOR APPROVAL OF THE MAYOR AND CITY
COMMISSION.
Parking/Tourism, Culture and Economic Development/Procurement
ACTION: Resolution not adopted. Item separated by Commissioner Alemán. Item
deferred to the September 27, 2016 City Commission Meeting. Saul Frances, Max
Sklar and Alex Denis to handle.
Commissioner Alemán explained the reason she pulled the item. The proposed
parking garage will be on West 42 nd Street on the current City parking lot. This lot
faces Nautilus Middle School, and is to the rear of 41 st Street. She does not want
retail on the ground floor, as it is not a good area for retail, and it would take away
much-needed parking spaces.
Commissioner Rosen Gonzalez explained that the developer should in fact bring
more amenities to the area. She believes people are hesitant to approve retail in the
garage because it is close to a school, but she believes more retail will be good for
the school and the area as a whole.
Discussion held regarding parking space shortage and retail.
City Manager Morales stated that they did not propose retail for the garage’s first
floor, as this would reduce the amount of parking to the point that it would not be
worthwhile. The City and the developer are both in agreement.
The City Commission, by acclamation, agreed to bring this item back to the
September 27, 2016 City Commission Meeting.
47
C7 X A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2016-
139-WG, FOR ACCESS CONTROL AND SECURITY SYSTEM CONSULTANT;
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH
BURNS MCDONNELL ENGINEERING COMPANY, INC.; AND SHOULD THE
ADMINISTRATION BE UNSUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH
BURNS & MCDONNELL ENGINEERING COMPANY, INC., AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH ELERT &
ASSOCIATES NETWORKING DIVISION, INC.; AND FURTHER AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION
OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
Emergency Management/Procurement
ACTION: Resolution 2016-29548 adopted. Charles Tear and Alex Denis to
handle.
Handouts or Reference Materials:
1. Letter from Kimley Horn, KK Saxena to Mr. Jimmy L. Morales, City Manager, dated
September 12, 2016, RE: Bid Protest Regarding Access Control and Security System
Consulting Services Conclusion and City Manager’s Recommendation; RFQ No. 2016-139-
WG.
2. Letter to KK Saxena, Kimley Horn, KK.Saxena@kimley-horn.com; dated September 13,
2016, RE: Protest Filed Pursuant to Award Recommendation on RFP 2016-139-WG for
Access Control and Security System Consulting Services (the “RFP”).
C7 Y A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, RATIFYING A THREE (3) YEAR LABOR AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND THE GOVERNMENT SUPERVISORS
ASSOCIATION OF FLORIDA (GSAF), OPEIU, LOCAL 100, 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: Item deferred to the Commission Meeting of September 27, 2016. Michael
Smith to handle.
48
C7 Z A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE CONCESSION
AGREEMENT BETWEEN THE CITY AND BOUCHER BROTHERS MIAMI BEACH
LLC (CONCESSIONAIRE), DATED FEBRUARY 2, 2012, FOR THE MANAGEMENT
AND OPERATION OF PUBLIC BEACHFRONT CONCESSIONS IN LUMMUS PARK,
OCEAN TERRACE, NORTH SHORE OPEN SPACE PARK AND SOUTH POINTE
PARK BEACH; SAID AMENDMENT, AMONG OTHER TERMS, PROVIDING FOR
THE RENEWAL OF THE CONCESSION AGREEMENT FOR A PERIOD OF FIVE (5)
YEARS, COMMENCING NOVEMBER 5, 2016 AND EXPIRING ON NOVEMBER 4,
2021.
Tourism, Culture and Economic Development
ACTION: Resolution 2016-29549 adopted. Max Sklar to handle.
C7 AA A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXTEND THE
AGREEMENT WITH THE ERIC RYAN CORPORATION, DATED JULY 17, 2016,
FOR TELECOMMUNICATION AUDIT SERVICES, ON A MONTH-TO-MONTH
BASIS, UNTIL COMPLETION OF THE CONTRACTOR OBLIGATIONS UNDER THE
AGREEMENT, FOR A PERIOD NOT TO EXCEED ONE (1) YEAR COMMENCING
ON NOVEMBER 14, 2016, WHICHEVER OCCURS FIRST.
Information Technology
ACTION: Resolution 2016-29550 adopted. Ariel Sosa to handle.
C7 AB A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF
THE CITY MANAGER (AS FURTHER SET FORTH IN THE CITY COMMISSION
DOCUMENTATION ACCOMPANYING THIS RESOLUTION) AND WAIVING, BY
5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT, FINDING
SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND
AUTHORIZING THE CITY ADMINISTRATION TO NEGOTIATE A FIVE (5) YEAR
AGREEMENT WITH TASER INTERNATIONAL, IN AN AMOUNT NOT TO EXCEED
$91,000, FOR THE SUPPLY, FITTING, MAINTENANCE AND LICENSING OF
CAMERAS AND ANCILLARIES FOR THE FOUR (4) INTERVIEW ROOMS
LOCATED IN THE MIAMI BEACH POLICE DEPARTMENT HEADQUARTERS; AND
FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE
THE AGREEMENT, UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS.
Police
ACTION: Resolution 2016-29551 adopted. Chief Daniel Oates to handle.
49
C7 AC A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER,
OR HIS DESIGNEE, TO APPLY FOR, ACCEPT, AND APPROPRIATE FUNDING
(INCLUDING MATCHING FUNDS AND ANY RELATED CITY EXPENSES), AND
EXECUTE ANY AND ALL DOCUMENTS OR AGREEMENTS IN CONNECTION
WITH THE FOLLOWING GRANTS AND FUNDING REQUESTS: 1) US
DEPARTMENT OF HOMELAND SECURITY, URBAN AREA SECURITY INITIATIVE
(UASI) FY 2016/17 PROGRAM, IN THE APPROXIMATE AMOUNT OF $100,000; 2)
MIAMI-DADE COUNTY FOR FY 2016/17 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT (JAG) PROGRAM IN THE APPROXIMATE AMOUNT OF
$10,000; AND RETROACTIVELY TO: 3) FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT), HIGH VISIBILITY ENFORCEMENT, PEDESTRIAN
AND BICYCLE SAFETY GRANT PROGRAM, IN THE APPROXIMATE AMOUNT OF
$130,450; 4) NATIONAL ENDOWMENT FOR THE ARTS, ART WORKS GRANT
PROGRAM, IN THE APPROXIMATE AMOUNT OF $45,000; 5) NATIONAL
INCLUSION PROJECT, LET'S ALL PLAY PROGRAM, IN THE APPROXIMATE
AMOUNT OF $10,000; 6) FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION, FLORIDA RECREATION DEVELOPMENT AND ASSISTANCE
PROGRAM (FRDAP) FOR FUNDING IN THE APPROXIMATE AMOUNT OF
$200,000 FOR MUSS PARK.
Budget & Performance Improvement
ACTION: Resolution 2016-29552 adopted. Judy Hoanshelt to handle.
C7 AD A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY TO
ACCEPT DONATIONS AND SPONSORSHIPS FROM MIAMI BEACH MEDICAL
GROUP, THE COCA-COLA COMPANY, MB MIAMI BEACH SUNCARE, SYSCO
CORPORATION, T-MOBILE, PETERSON'S MIAMI BEACH HARLEY DAVIDSON,
AND LUXE PROPERTIES, LLC, IN THE TOTAL AMOUNT OF $11,500 FOR THE
CITY'S ANNUAL VETERANS DAY PARADE.
Marketing and Communications
ACTION: Resolution 2016-29553 adopted. Tonya Daniels to handle.
C7 AE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE ASSIGNMENT OF THE AGREEMENT
BETWEEN THE CITY AND TRIANGLE SURVEYING AND MAPPING, INC.
(ASSIGNOR), FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING
SERVICES IN SPECIALIZED CATEGORIES ON AN "AS NEEDED" BASIS, TO
MASER CONSULTING P.A. (ASSIGNEE), AS THE SUCCESSOR CONSULTANT BY
MERGER; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE CONSENT TO ASSIGNMENT AND ASSUMPTION OF
AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS
RESOLUTION.
Capital Improvement Projects/Procurement
ACTION: Resolution 2016-29554 adopted. David Martinez and Alex Denis to
handle.
50
C7 AF 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 ADOPT THE SUSTAINABLE
AND RESILIENT PROCUREMENT POLICY ATTACHED HERETO AS EXHIBIT A;
AND, DIRECTING THE CITY MANAGER TO ESTABLISH ADMINISTRATIVE
PROCEDURES THAT REQUIRE EACH CITY DEPARTMENT TO CONSIDER
SUSTAINABILITY AND RESILIENCY IN PROCUREMENT DECISIONS.
Environmental and Sustainability/Procurement
Commissioner John Elizabeth Alemán
ACTION: Resolution 2016-29555 adopted. Elizabeth Wheaton and Alex Denis to
handle.
C7 AG A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A GRANT AGREEMENT, SUBSTANTIALLY IN THE FORM
ATTACHED TO THIS RESOLUTION, BETWEEN THE CITY AND THE MIAMI
BEACH WATERSPORTS CENTER INC., IN THE TOTAL AMOUNT NOT TO
EXCEED $85,000.00, TO SUPPORT THE PARA-ROWING PROGRAM AT RONALD
W. SHANE CENTER.
Parks and Recreation
Sponsored by Commissioner Malakoff
ACTION: Resolution 2016-29556 adopted. John Rebar to handle.
11:10:29 a.m.
SUPPLEMENTAL MATERIAL 1: RESOLUTION
C7 AH A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, URGING MIAMI-DADE COUNTY TO DISCONTINUE THE
USE OF NALED, AN INSECTICIDE USED PRIMARILY FOR CONTROLLING
ADULT MOSQUITOES, WITHIN THE BOUNDARIES OF THE CITY OF MIAMI
BEACH (CITY), AND AUTHORIZING THE CITY ATTORNEY TO PURSUE ANY AND
ALL AVAILABLE LEGAL REMEDIES IF THE USE OF NALED IS NOT
DISCONTINUED WITHIN THE CITY.
Environmental & Sustainability
Vice-Mayor Michael Grieco
ACTION: Resolution not adopted. Item separated by Mayor Levine, Commissioners
Alemán and Arriola. Motion made by Vice-Mayor Grieco to file an injunction lawsuit
against Miami-Dade County if they continue using Naled. Motion not seconded.
Motion failed for lack of a second.
Vice-Mayor Grieco stated that had he not acted, no one present would have had the
opportunity to get their voices heard. He acknowledged the support from the audience
and read the following statement for the record: “As public servants we are failing our
community. We are tasked to make tough decisions, but for me this is an easy one.
My Resolution was authored many weeks ago, and made public well before any
decision to follow the Governor’s recommendation to conduct aerial spraying of our
City. Let me make this crystal clear, Rick Scott does not care about the wellbeing of
51
Miami Beach residents. In an effort to misdirect and calm the masses, his own
Department of Health lied to us in writing last week by claiming that the European
Union did not ban Naled, when it absolutely did; this further buttresses the public’s
distrust in government. I watched a one-sided choreographed workshop last week
filled with experts making claims that contradicted those of the National Oceanic and
Atmospheric Association, the World Health Organization, and Dr. William Schaffner,
the infectious disease expert at Vanderbilt University Medical Center who stated,
[Naled] “is more environmentally disruptive than other pesticides we use, it does not
biodegrade as quickly as other insecticides.” It is not used in the E.U., and it is
generally used in very restricted circumstances. Conclusion statements without data
or justification do not satisfy the intellects of the tens of thousands of educated,
informed Miami Beach residents who oppose the approach being used by the County.
The reality is that other methods of mosquito control were working despite claims to
the contrary. Like here, the CDC in July pushed for Naled spraying in Puerto Rico,
claiming that 20% of the tropical island’s 3.5 million people could be infected by peak
summer. To date, only 0.44% of the population has been diagnosed with Zika, and
San Juan’s Federal lawsuit coupled with the Governor’s support caused the CDC to
relent. We can still do something about this to stop it. They have hit us twice, but by
supporting this [Resolution], we can have our City Attorney seek remedies. I have
watched as some repeatedly insult and condescend to the masses who oppose this.
To disrespect and disregard the educated members of this community is just wrong,
and that includes many in the medical field and at least one Commissioner. I want to
say thank you to everyone who has supported me in this stand that I have taken.
Except for the man on my right (referring to City Manager Jimmy L. Morales), no one
up here has had to go through what I have gone through. Because of my family’s
experiences, I have learned more about the impacts of our environment on health and
development than I would have ever liked to know. Every person and child responds
differently to chemicals and substances, whether it is an acute peanut allergy, or a
long-term undetectable delay in development. There are many people including
myself that are concerned about Zika. To quote the Dr. Curry last week, “Zika is a
thing.” However, the impact of chemicals and specifically Naled is also a thing. It is so
much a thing that countless Miami Beach residents fled this past weekend, some for
the entire month. A few families ran from Zika, but when we allowed the County to
spray Naled on Friday, it was very easy to get parking at my kid’s school. As
repeatedly stated by a couple of my colleagues, nobody up here is a doctor, I have
received unsolicited calls, e-mails, and social media messages from dozens of
physicians from pediatrics to obstetrics, many of whom live in Miami Beach, and are
exponentially more upset to subjecting residents and expecting mothers to aerial
pesticide spraying. The citizens of Miami Beach did not choose to have Zika come
here and we have ways to contain its spread and protect ourselves, plus mosquito
season has an end, but the government can choose to do no more damage. The
current aerial solution, the efficacy of which has been questioned by the E.U., Palm
Beach and Broward Counties, and admittedly even by Miami-Dade’s own Mosquito
Control Director, and the CDC as recently as two weeks ago, is just adding to our
problems. People move to and live in Miami Beach for many reasons, some of them
being the clean air and the protected ocean side environment; things that are now at
risk. I now ask my colleagues to help me stop this. One mission, then two, then three,
then four. What happens if the mosquito count does not go down, what if it does, what
if it shoots back up? What about elsewhere in the County? Next year, when someone
brings Zika back from another country again, what are the protocols and the
benchmarks? When does it stop? My fear is that this extreme measure becomes the
52
new normal. This has been a pretty unscientific approach to science. It has become
all about politics instead of data. The health of Miami Beach residents has been
politicized not by me, but by those who want to appear to be taking action, and mainly
for tourism but here is the problem, local and foreign tourism could react similarly or
worse to the videos of planes indiscriminately spraying our City with chemicals, and I
think the public response over the last week speaks for itself. I am not a scientist so
let us listen to the words of the EPA. Dichlorvos is probably a carcinogen with
extreme toxicity from inhalation. What is Dichlorvos? It is what is produced when
Naled breaks down in the environment. There are alternatives; new approaches have
been approved by the EPA and have been fast tracked for use, but what we were
doing before spraying was working also. Remember an adult mosquito’s lifespan is
three weeks, so an aggressive larvicide regiment coupled with personal vigilance and
ground adulticide can win the battle, but the Naled needs to stop. I recognize that our
County Mayor is in a tough spot, and I do not envy his position, but history has shown
that relying on government experts is not always the correct path. We can plug the
dam and stop this, and I encourage my colleagues to vote for this Resolution and
seek remedies.”
Mayor Levine asked the City Attorney to opine on this item.
Raul J. Aguila, City Attorney, stated that there are two parts to this Resolution. The
first part is to urge the County not to continue spraying; if the County does not agree,
then they will move on to the second part, which is to file an injunction. An injunction
is a court order to have a person or government entity cease an activity they would
normally be entitled to do. He does not believe the City has a strong case to win,
because a judge will take into consideration the state of emergency, which gives the
State and County greater jurisdiction than the City. Because the science is competing,
a judge will side with the findings of the State. In the worst-case scenario, the City
would be denied the injunction, and have the lawsuit deemed frivolous, and the City
will have to pay attorney fees.
City Manager Morales stated that the City does not have the power to call for a
moratorium. The County is in charge of mosquito control.
Aleksandr Boksner, Deputy City Attorney, stated that he reviewed the case law, and
based upon it, it will be unlikely to show there is a substantial claim on the merits, and
the lawsuit could be considered frivolous. On that alone, he does not recommend
seeking an injunction action. He explained that in Puerto Rico there was a Federal
law that was applicable to prevent Naled being sprayed, but that is not the case here.
Commissioner Rosen Gonzalez stated that she does not believe the City would win
such a lawsuit, and members of the City Commission should not offer false hope.
Discussion continued.
Commissioner Alemán stated that Zika is the cause of microcephaly and birth defects;
that is a fact. To ignore the unanimous direction of the CDC, the Department of
Agriculture, Department of Health and the testimony of experts is irresponsible. As
City Commissioners, they need to protect the community and visitors.
Vice-Mayor Grieco stated that he concedes that he does not have enough support
53
from his colleagues, as apparent from the lack of a second to his motion. He
addressed all present and stated that during the Zika and Naled discussions earlier in
the morning, he did not succumb to name calling, or lowered himself to attacks over
social media. As the only practicing attorney on the dais, he believes there is a good
chance for the injunction to go forward; he would not have placed it on the agenda if
he did not truly believe in it.
11:38:33 a.m.
Mayor Levine called for a short recess.
C7 AI A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, TRANSMITTING TO THE MIAMI-DADE COUNTY BOARD
OF COUNTY COMMISSIONERS (THE "BOARD") THE CITY'S PRELIMINARY
COMMENTS WITH REGARD TO THE PROPOSED COUNTY WORKFORCE
HOUSING ORDINANCE (THE "ORDINANCE"), URGING THE BOARD TO DEFER
CONSIDERATION OF THE ORDINANCE DUE TO THE CITY'S MATERIAL
CONCERNS AS TO THE ORDINANCE'S APPLICATION AND TIMING, AND, IN THE
ALTERNATIVE, URGING THE BOARD TO EXTEND THE OPT-OUT PERIOD FROM
90 DAYS TO 180 DAYS, TO ALLOW THE CITY ADDITIONAL TIME TO OPT OUT
FROM THE APPLICATION OF THE ORDINANCE.
Housing and Community Services
ACTION: Resolution 2016-29557 adopted. Maria Ruiz and Thomas Mooney to
handle.
C7 AJ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE AND THE
NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE, AND AUTHORIZING THE
CITY MANAGER TO CONDUCT A SURVEY TO IDENTIFY TRANSPORTATION
NEEDS OF PUBLIC SCHOOL CHILDREN WITHIN THE TWO-MILE LIMIT OF THE
HOME SCHOOL.
Transportation/Organization Development Performance Initiatives
Commissioner John Elizabeth Alemán
ACTION: Resolution 2016-29558 adopted. Jose Gonzalez and Dr. Leslie
Rosenfeld to handle.
54
C7 AK A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER,
OR HIS DESIGNEE, TO APPLY FOR, ACCEPT, APPROPRIATE FUNDING FOR
(INCLUDING MATCHING FUNDS AND ANY RELATED CITY EXPENSES), AND TO
EXECUTE A MAINTENANCE AGREEMENT, AND ANY AND ALL NECESSARY
DOCUMENTS OR AGREEMENTS, IN CONNECTION WITH A GRANT
APPLICATION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR
THE FLORIDA HIGHWAY BEAUTIFICATION COUNCIL GRANT PROGRAM IN THE
APPROXIMATE AMOUNT OF $20,000 FOR LANDSCAPING ON ALTON ROAD
AND 41ST STREET.
Budget & Performance Improvement
ACTION: Resolution 2016-29559 adopted. Judy Hoanshelt to handle.
2:30:16 p.m.
C7 AL A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, OPPOSING THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION'S (DEP) WEAKENING OF RESTRICTIONS THAT
WOULD ALLOW AN INCREASE IN THE RELEASE OF TOXIC CHEMICALS INTO
FLORIDA'S WATERS; URGING THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY (EPA) NOT TO APPROVE THE FLORIDA DEP'S NEW
RESTRICTIONS; SUPPORTING THE LAWSUIT FILED BY THE SEMINOLE TRIBE
OF FLORIDA AGAINST THE FLORIDA DEP AND THE FLORIDA ENVIRONMENTAL
REGULATIONS COMMISSION (FERC) ON AUGUST 5, 2016 TO HALT THE
INCREASE OF TOXINS IN FLORIDA'S WATER; OPPOSING ANY EFFORT BY THE
DEP OR THE FERC TO OPPOSE THE SEMINOLE LITIGATION; AND DIRECTING
THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY, THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE MIAMI-DADE COUNTY
BOARD OF COUNTY COMMISSIONERS, THE FLORIDA LEAGUE OF CITIES, AND
THE MIAMI-DADE COUNTY LEAGUE OF CITIES.
Environment & Sustainability
Vice-Mayor Michael Grieco
ACTION: Resolution 2016-29560 adopted. Item separated by Mayor Levine. Motion
made by V; seconded by Commissioner Steinberg; Voice vote: 6-0. Absent:
Commissioner Malakoff. Elizabeth Wheaton to handle.
Mayor Levine pulled the item because he personally sent a letter to Secretary
Jonathan P. Steverson, Director of the Florida Department of Environmental
Protection, which stated that Miami Beach Elected Officials do not want the State of
Florida to relax any of their laws related to releasing toxic chemicals.
Handouts and Reference Materials:
1. Handouts distributed at the dais – Email from Philip Levine dated July 25, 2016 RE: Decrease
Carcinogenic Chemicals in Our Waters sent to Secretary Jonathan P. Steverson, FDE.
55
SUPPLEMENTAL MATERIAL 2: NO ADDITIONAL BACK-UP MATERIAL
C7 AM A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO PROVIDE
ASSISTANCE TO THE MAYOR’S AD HOC BLUE RIBBON STEERING COMMITTEE
ON THE CONVENTION CENTER HOTEL, AS NECESSARY, INCLUDING, BUT NOT
LIMITED TO, REQUESTING THAT THE ADMINISTRATION PREPARE, OR IF
NECESSARY, RETAIN CONSULTANTS TO PREPARE, BASIC PLANS/TRAFFIC
OPTIONS FOR VARIOUS SCENARIOS RELATING TO THE LOCATION AND
ORIENTATION OF A CONVENTION CENTER HOTEL IN THE VICINITY OF THE
MIAMI BEACH CONVENTION CENTER.
Commissioner Ricky Arriola
ACTION: Resolution 2016-29561 adopted. Item moved from R9 AG. Maria
Hernandez to handle.
Handouts and Reference Materials:
1. Resolution distributed at the dais.
SUPPLEMENTAL MATERIAL 2: ADDITIONAL INFORMATION
C7 AN A RESOLUTION SUPPORTING THE IMMEDIATE IMPLEMENTATION OF THE
UNIVERSITY OF MIAMI BIKE SAFE PROGRAM IN MIAMI BEACH FEEDER PATTERN
PUBLIC SCHOOLS.
Commissioner John Elizabeth Aleman
ACTION: Resolution 2016-29562 adopted. Item moved from R9 AD. Dr. Leslie
Rosenfeld and Jose Gonzalez to handle.
56
REGULAR AGENDA
R5 – Ordinances
2:31:26 p.m.
R5 A CPS-2 TRANSIT HUBS - LDR AMENDMENTS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 18 "PS
PERFORMANCE STANDARD DISTRICT" AND CHAPTER 114, "GENERAL
PROVISIONS," BY AMENDING SECTIONS 142-698 AND 142-699 REGARDING
MAXIMUM BUILDING HEIGHT AND SETBACKS REQUIREMENTS FOR THE CPS-2
DISTRICT; AMENDING SECTION 114-1 REGARDING DEFINITIONS; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY; AN EFFECTIVE DATE; AND A
SUNSET DATE.
10:00 am. First Reading Public Hearing Planning
Private Applicant - 500 Alton Road Ventures, LLC and 120 Sixth, LLC
ACTION: Title of the Ordinance read into the record. Item opened and continued to
the October 19, 2016 Commission Meeting by acclamation. Rafael E. Granado to
notice. Lilia Cardillo to place on the Commission Agenda. Thomas Mooney to
handle.
Sam Dubbin, Esq., representing Bentley Bay and ICON Condominium Associations,
Inc., is registering his clients’ objections to opening and continuing the item. He added
that the City does not have jurisdiction to take this action and he does not think it is
good policy for the City Commission to circumvent the City Code.
Raul J. Aguila, City Attorney, opined that the City Commission could open and
continue the item.
Discussion held.
Commissioner Alemán explained that it is premature to discuss the necessity of a
Transit Hub at 5 th and Alton, based on the streetcar plans.
City Attorney Aguila explained that by opening and continuing the item, it does not
obligate or create any kind of expectation on the part of the applicant; this is a private
application and it can be opened and continued to be discussed at a later time.
Handouts or Reference Materials:
1. Mailing Labels – 5—Alton Road
2. Ad published in The Miami Herald No. 1177
3. Ad published in The Miami Herald No. 1192A
4. Copy of check from 500 Alton Road Ventures, LLC for payment of ads.
57
2:34:28 p.m.
R5 B COMPREHENSIVE PLAN TEXT AMENDMENT — PUBLIC TRANSIT FACILITIES IN
C-PS2 AND TRANSIT HUBS INCORPORATED INTO PRIVATE DEVELOPMENT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY OF MIAMI BEACH, FLORIDA, BY
AMENDING POLICY 1.2 BY AMENDING THE PERMITTED USES IN THE
"GENERAL MIXED USE COMMERCIAL "PERFORMANCE STANDARD"
CATEGORY (C-PS2)" TO ALLOW PUBLIC TRANSIT FACILITIES AS A PERMITTED
USE; AMENDING THE TRANSPORTATION ELEMENT OF THE COMPREHENSIVE
PLAN OF THE CITY OF MIAMI BEACH, FLORIDA, BY CREATING POLICY 4.6.1
ENTITLED "ENHANCED TRANSIT INFRASTRUCTURE ON PRIVATE PROPERTY"
AND BY AMENDING THE "GLOSSARY OF TERMS" TO INCLUDE THE TERM
"TRANSIT HUB" AND RELATED DEFINITION.
10:05 a.m. First Reading Public Hearing Planning
Private Applicant - 500 Alton Road Ventures, LLC and 120 Sixth, LLC
ACTION: Title of the Ordinance read into the record. Item opened and continued to
the October 19, 2016 Commission Meeting by acclamation. Thomas Mooney to
handle.
Sam Dubbin, Esq., representing Bentley Bay and ICON Condominium Associations,
Inc., is registering his clients’ objections in opening and continuing the item due to
lack of jurisdiction under Code Section 118-163.
Graham Penn, representing the applicant, explained that the items are scheduled to
go for review to the Planning Board on September 27th , and this specific item dealing
with the Comprehensive Plan amendment, depending on the action taken on R5N of
this Agenda, may be completely withdrawn. He is in favor of the continuance.
Handouts or Reference Materials:
1. Mailing Labels – 5—Alton Road
2. Ad published in The Miami Herald No. 1178
3. Ad published in The Miami Herald No. 1192A
4. Copy of check from 500 Alton Road Ventures, LLC for payment of ads.
58
2:36:06 p.m.
R5 C CONCURRENCY EXEMPTION — GU & CCC DISTRICTS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY AMENDING
CHAPTER 122, "CONCURRENCY MANAGEMENT," BY AMENDING SECTION 122-
5, "EXEMPTIONS FROM CONCURRENCY," TO EXEMPT USES AT THE
FOLLOWING CITY-OWNED FACILITIES FROM THE CITY'S CONCURRENCY
REQUIREMENTS: THE NORTH SHORE BANDSHELL, THE RONALD W. SHANE
WATERSPORTS CENTER, AND THE MIAMI BEACH BOTANICAL GARDEN; AND
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN
EFFECTIVE DATE.
10:10 am. Second Reading Public Hearing Planning
First Reading PH July 13, 2016 - R5G Vice-Mayor Michael Grieco
ACTION: Title of the Ordinance read into the record. Item opened and continued to
the October 19, 2016 Commission Meeting by acclamation. Thomas Mooney to
handle.
Handouts or Reference Materials:
1. Ad published in The Miami Herald No. 1192A
2. Ad published in The Miami Herald No. 1194
2:36:42 p.m.
R5 D OFF-STREET PARKING REGULATIONS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 130,
"OFF-STREET PARKING," ARTICLE I, "IN GENERAL," ARTICLE III, "DESIGN
STANDARDS," ARTICLE V, "FEE IN LIEU OF PARKING PROGRAM," ARTICLE VI,
"PARKING CREDIT SYSTEM," ARTICLE VII, "SURPLUS AND UNDER-UTILIZED
PARKING SPACES," AND ARTICLE IX, VALET AND TANDEM PARKING", BY
AMENDING AND CLARIFYING STANDARDS AND PROCEDURES FOR OFF-STREET
PARKING REQUIREMENTS; PROVIDING CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
10:15 a.m. Second Reading Public Hearing Planning
First Reading PH July 13, 2016 - R5H Vice-Mayor Michael Grieco
ACTION: Title of the Ordinance read into the record. Public Hearing held. Item deferred
to September 27, 2016 after 4:00 p.m. by acclamation . Lilia Cardillo to place on the
Commission Agenda. Thomas Mooney to handle.
Thomas Mooney, Planning Department Director, introduced the item. He explained that
per City Commission request, a list of all existing underutilized parking lots and garages
is included as an addendum to the memorandum. Subsequently to the memorandum
draft, the sponsor requested another revision and the Administration does not object to
this modification; specifically in Section 130-36 Off-Site Parking Facilities. Currently the
maximum distance separation requirement for providing required off street parking for
particular uses is 500 feet for those properties outside the Historic Districts, and 1,200
feet for properties inside Historic Districts. The proposal is to expand that to 1,500 feet
59
for properties both in and outside of Historic Districts; a second change under Section
130-36(b) is to add a new sentence. Currently, in order to provide required parking on an
offsite facility, within either 1,500 or 1,200 feet of a property, there has to be a
connection, either via covenant in lieu or unity of title. They recommend that this
language is included in the second reading of the Ordinance.
PROPOSED REVISED LANGUAGE:
Alternatively for a change of use in an existing building, a lease for the purpose of
ensuring that the required parking for the new uses is provided, may be utilized in
accordance with the following:
1. The subject lease shall be executed by the owner of the properties providing the
required parking and the user of required spaces, such lease to be approved as
to form and necessary minimum requirements by the City Attorney.
2) The required parking spaces provided off-site shall be for the sole use of the user
of these spaces, and shall not be available for underutilized parking or sublease
to a third party. Subleases of any kind shall be prohibited.
3) All required parking spaces provided on the off-site properties shall be dedicated
and clearly marked for the user of the establishment 24 hours a day, seven days
a week. This 24 hour dedicated use requirement shall be an exclusive term in the
lease agreement.
4) The exact location of the required spaces provided off-site shall be clearly
delineated onsite, and floor plans prepared by a registered architect or engineer,
and shall be incorporated into the lease as an Exhibit.
5) A copy of the renewal of all leases shall be provided to the City within 60 days of
such renewal. In the event the terms of the lease should change, such changes
shall be approved as to form and necessary minimum requirements by the City
Attorney.
6) The lease shall be for at least a minimum of a calendar year.
7) The lease shall require that the tenant and landlord notify the City of Miami
Beach Planning Department of determination of the parking threshold.
Commissioner Steinberg requested copies of the revised language. Thomas Mooney to
handle.
Vice-Mayor Grieco suggested deferring the item to September 27, 2016 City
Commission Meeting.
Discussion held.
City Clerk Rafael E. Granado announced that the item would be heard after 4:00 p.m. on
September 27, 2016.
Handouts or Reference Materials:
1. Ad published in The Miami Herald No. 1192A
60
2:42:16 p.m.
R5 E SOUTH OF FIFTH ALCOHOLIC BEVERAGE ESTABLISHMENT OPERATIONAL
REGULATIONS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS
AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS," DIVISION 18, "PS
PERFORMANCE STANDARD DISTRICT," SECTION 142-693, "PERMITTED USES,"
TO AMEND THE HOURS OF OPERATION, LOCATION AND USE RESTRICTIONS
FOR PROPERTIES SOUTH OF FIFTH STREET; PROVIDING THAT EXISTING
ALCOHOLIC BEVERAGE ESTABLISHMENTS SHALL BE DEEMED LEGAL
CONFORMING USES; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
10:20 a.m. Second Reading Public Hearing Planning
First Reading PH July 13, 2016 - R5I Vice-Mayor Michael Grieco
ACTION: Title of the Ordinance read into the record. Public Hearing held. Item opened
and continued to the October 19, 2016 Commission Meeting, by acclamation. Rafael E.
Granado to notice. Lilia Cardillo to place on the Commission Agenda. Thomas Mooney
to handle.
Frank Del Vecchio stated that the intention of the Ordinance is to protect residents and
at the same time not undermine the operation of existing businesses. He asked if there
is any reference to a piece of legislation that would extend the period of nonuse that
would render an existing business that is nonconforming from six months to either 12 or
eight months of continuous nonuse, or the existing eight months during any three-year
period to a 24 month period.
Raul J. Aguila, City Attorney, stated that there is no companion legislation to this item;
he noted one of the issues they had last time was the concern about the nonconforming
use language. City Attorney Aguila reported that he had asked Vice-Mayor Grieco if he
would bring an Ordinance about extending the period for nonconforming uses.
Vice-Mayor Grieco explained that said Ordinance is pending in Land Use and
Development Committee now, and he reminded everyone that the goal is to protect the
neighborhood, but not undermine the existing migration of businesses or negatively
impact anyone’s property rights. He needs time to work on his Ordinance, and
suggested delaying this item until October.
Frank Del Vecchio pledged on behalf of the South of Fifth Neighborhood Association,
they have great respect for the businesses playing by the rules and they want to protect
the residents, but not undermine the operations of legitimate businesses.
Handouts or Reference Materials:
1. Ad published in The Miami Herald No. 1192A
2. Ad published in The Miami Herald No. 1196
61
2:45:41 p.m.
R5 F COMPREHENSIVE PLAN — PERIL OF FLOOD:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE COMPREHENSIVE PLAN PURSUANT
TO THE PROCEDURES IN SECTION 163.3184(3), FLORIDA STATUTES, BY
MODIFYING CHAPTER 1, FUTURE LAND USE ELEMENT, TO ENCOURAGE THE
USE OF LANDSCAPING TECHNIQUES THAT ENHANCE STORMWATER
MANAGEMENT AND TO MODIFY THE LEVEL OF SERVICE FOR STORM SEWER
CAPACITY; CHAPTER 5, INFRASTRUCTURE ELEMENT, TO REQUIRE THAT THE
LAND DEVELOPMENT REGULATIONS INCLUDE A FREEBOARD REQUIREMENT
FOR NEW CONSTRUCTION, TO MODIFY THE LEVEL OF SERVICE FOR
DRAINAGE FACILITIES DESIGN STORM STANDARD, AND TO INCORPORATE
THE USE OF STORMWATER STORAGE AND INFILTRATION IN
INFRASTRUCTURE REPLACEMENT ACTIVITIES; CHAPTER 6,
CONSERVATION/COASTAL ZONE MANAGEMENT ELEMENT TO ENCOURAGE
THE USE OF HIGHLY WATER-ABSORBENT NATIVE PLANTS AND TO
DESIGNATE THE CITY OF MIAMI BEACH AS AN ADAPTATION ACTION AREA
(AAA) PURSUANT TO SECTION 163.3177(6)(G)(10), FLORIDA STATUTES;
CHAPTER 8, INTERGOVERNMENTAL COORDINATION ELEMENT, TO REQUIRE
COORDINATION BETWEEN AGENCIES ADDRESSING ISSUES RELATED TO SEA
LEVEL RISE AND CLIMATE CHANGE; PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
10:25 a.m. Second Reading Public Hearing Planning
First Reading PH July 13, 2016 - R5J Commissioner Joy Malakoff
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance
2016-4027 adopted. Motion made by Commissioner Alemán; seconded by
Commissioner Arriola; Ballot-vote: 6-0; Absent: Commissioner Malakoff. Thomas
Mooney to handle.
Thomas Mooney, Planning Department Director, introduced the item. This item was
approved at first reading in July, subsequently it was transmitted to the State of
Florida, and comments were received. In response to their comments, they made
minor modifications to the legislation. These are included in the draft legislation.
No further discussion.
Handouts or Reference Materials:
1. Ad published in The Miami Herald No. 1192A
2. Ad published in The Miami Herald No. 1197
62
2:48:08 p.m.
R5 G SHORT-TERM RENTALS ON HARDING AVENUE NORTH BEACH:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH,
SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," OF CHAPTER 142,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY AMENDING DIVISION 2,
ENTITLED "ACCESSORY USES"; BY AMENDING ARTICLE IV, ENTITLED
"SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING DIVISION 3,
ENTITLED "SUPPLEMENTARY USE REGULATIONS," BY AMENDING SECTION 142-
1111, ENTITLED "SHORT-TERM RENTAL OF APARTMENT UNITS OR
TOWNHOMES," BY CREATING A NEW SUBSECTION (D), WHICH ESTABLISHES
ELIGIBILITY REQUIREMENTS FOR SHORT-TERM RENTAL OF APARTMENT AND
TOWNHOME RESIDENTIAL UNITS IN NORTH BEACH; LIMITING THE ELIGIBILITY
TO THOSE PROPERTIES FRONTING HARDING AVENUE FROM THE SOUTH SIDE
OF 73RD STREET TO THE NORTHERN BOUNDARY OF THE CITY; BY
ESTABLISHING CONDITIONS PRECEDENT BEFORE A PROPERTY OWNER IS
LEGALLY AUTHORIZED TO ENGAGE IN SHORT-TERM RENTALS; AND REQUIRE
THE PROPERTY TO BE FULLY RENOVATED AND RESTORED IN ACCORDANCE
WITH THOSE DELINEATED STANDARDS SET FORTH IN SUBSECTION (D)(1),
WHICH MUST BE ACCOMPLISHED PRIOR TO THE ISSUANCE OF THE BUSINESS
TAX RECEIPT PERMITTING SHORT-TERM RENTALS; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
10:30 a.m. Second Reading Public Hearing
First Reading PH July 13, 2016 - R5K Planning
Vice-Mayor Michael Grieco and
Co-Sponsored by Commissioners John Elizabeth Alemán and Ricky Arriola
ACTION: Title of the Ordinance read into the record. Item opened and continued to the
October 19, 2016 Commission Meeting by acclamation . Rafael E. Granado to notice.
Lilia Cardillo to place on the Commission Agenda, if received. Thomas Mooney to
handle.
DIRECTION:
For second reading, include the easternmost parcels.
Sharon Weiss, property owner, stated that the language in the Ordinance specifically
says fronting Harding, however, within the boundary there are three parcels that are
divided. There are two properties on the parcel. The easternmost parcel technically no
longer fronts Harding, but in many cases has a Harding Avenue address; they wanted to
bring this to the City Commission’s attention so that the language in the Ordinance is
updated to include those three easternmost parcels.
Mr. Mooney stated he could make the change on second reading, if the City
Commission approves. Thomas Mooney to handle.
Handouts or Reference Materials:
1. Ad published in The Miami Herald No. 1192B
2. Ad published in The Miami Herald No. 1197
63
1:03:04 p.m.
R5 H TC NORTH BEACH TOWN CENTER DISTRICTS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE
CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS" ARTICLE II "DISTRICT REGULATIONS", DIVISION
20 "TC NORTH BEACH TOWN CENTER DISTRICTS", TO INCREASE THE
ALLOWABLE HEIGHT FOR BUILDINGS IN THE TC-1 TOWN CENTER CORE
DISTRICT TO 125 FEET AND TO MODIFY SETBACK REQUIREMENTS; PROVIDING
FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
10:35 am. Second Reading Public Hearing Planning
First Reading July 13, 2016 - R5L Commissioner John Elizabeth Alemán
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance
2016-4028 adopted. Motion made by Commissioner Alemán; seconded by
Commissioner Rosen Gonzalez; Ballot-vote: 7-0. Thomas Mooney to handle.
Thomas Mooney, Planning Department Director, introduced the item. This is the second
reading of the Ordinance that increases the maximum allowable height of properties in
the TC-1 Zoning District in North Beach, from the current 75-feet, seven stories, to 12
stories, 125-feet. It also requires that buildings fronting on 71st Street be subject to
additional setbacks for stories one through four, up to ten feet, and above the fourth floor
an additional 25-feet. The Administration recommends adoption on second reading.
Commissioner Alemán stated that this is the Town Center height increase, consistent
with the recommendations of Dover Kohl and Partners from the North Beach Master
Plan; it has been favorably transmitted by the Planning Board, and she thinks this is a
great move to begin to energize the North Beach Master Plan and all that it aspires.
Daniel Ciraldo, on behalf of Save Miami Beach 2016, who is seeking a voter initiative to
require height increases to first be approved by the voters; stated that they are collecting
signatures and as of now they have signatures of approximately 6,500 residences who
would like more of a say over height increases. He hopes that any Commissioners that
support this item are also in support of the Historic Districts in North Beach, because the
Master Planner recommended both of those to go together. He wants to make sure that
they are not being baited and switched again as it happened at the Biltmore Terrace on
87 th Street. If voters do not have a say, he would like to hear from supporters of the
Historic Districts in North Beach.
Discussion held.
Commissioner Malakoff agrees, and added that this is the reason Commissioner Arriola
and herself placed a moratorium on the two National Historic Districts, to protect those
buildings prior to the Historic Preservation Board and Commission formally adopting
those Historic Districts. She thinks the vision for the Town Center is exciting and will give
an incentive for reinvestment in the community for the development needed to make the
Town Center viable with beautiful streets.
Discussion held.
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Commissioner Rosen Gonzalez added that the Master Plan was a cooperation by the
preservationists and the development community, based on that, there was a height
increase given for Town Center, and the preservationists were promised the Historic
Districts. She thinks they rushed the height increase without approving the Master Plan,
and suggested the height increase be voted on at the same time they vote on declaring
the local Historic District designation. She asked that they defer the item for one month.
Mayor Levine made a public pledge to support the Historic Districts at the next meeting
and there was consensus for support.
Discussion held.
The following individuals spoke:
Kirk Pascal gave a brief history on the North Beach Master Plan project. Many residents
are excited for the Sylvia project coming to the area.
Willy Quintana stated that he is happy to see things moving along. This is the beginning
of something beautiful. Many business owners approve as well.
Ruth Frenshell asked for more aerial spraying against Zika. She is also in favor of
limiting alcohol sales to 2 a.m.
Neisen Kasdin, representing Sylvia Coltrane and City National Bank in the Town Center,
explained that it has been said that this increase should move forward, if it was
consistent with the Master Plan. The Master Planners in their preliminary draft
recommended an increase in height to 125-feet; in their final draft, they recommended
an increase height for the Town Center of 125-feet. The revitalization of Town Center is
one of the cores, if not the most important element in the North Beach Revitalization
Plan. The only connection to any other elements of the Master Plan that is directly
related to Town Center is that consideration of Transfer Development Rights (TDRs)
from the Harding Town of historic sites into the Town Center, there is no proposed
increase to FAR, and no consideration of TDR going to the Town Center. The height
increase stands alone as a recommendation. The Master Plan has numerous elements.
There is a component involving Normandy Drive closing the street in the Normandy
Fountain Circle; there is proposal for the 72 nd Street lot and the lots across from the
park. There is also a proposal for creating Historic Districts and conservation districts. If
they were to wait until every recommendation and component of that plan was put into
effect, nothing would happen in North Beach. He urged the City to move forward and
implement this level of the plan. We need to move forward, as they did in Chicago in the
late 1800s with what he called the greatest urban planning project in America.
Discussion held.
Sylvia Coltrane, representing Collins and 72 nd Developers, spoke regarding heights. She
asked to be responsible and show the residents a commitment to revitalize North Beach.
Commissioner Steinberg explained that she voted against it in the past, as she wanted
to see it going in a dual track, but now that they are moving forward, and taking into
consideration what Mr. Pascal stated about inclusionary zoning, she thinks it is
65
something that they should look at separately. She asked what landmarks along 71 st
Street would be affected.
Mr. Mooney stated the Bank Building is in TC-1, and other sites and landmarks identified
are not applicable for Historic District boundary, and are not part of the existing National
Historic District. They can be considered as a historic site as a separate discussion.
Commissioner Steinberg agreed to discuss the landmarks as part of a separate
discussion. She asked, for the record, what the boundaries are.
Mr. Mooney stated that the boundaries of the TC-1 district are between Indian Creek on
the west, Collins Avenue on the east, 72 nd on the North and around 68, 69 th Street on
the South.
Commissioner Rosen Gonzalez attended the Master Plan unveiling, and she is voting in
favor of this item on height increase because it was a community collaboration, and she
thanked the Mayor for appointing the Steering Committee.
Handouts or Reference Materials:
1. Ad published in The Miami Herald No. 1192B
2:50:38 p.m.
R5 I BELOW GRADE FLOOR AREA— CONTRIBUTING BUILDINGS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, BY AMENDING CHAPTER 114, "GENERAL PROVISIONS," BY
AMENDING THE DEFINITION OF FLOOR AREA; WHICH DEFINITION IS
CONSISTENT WITH THE DEFINITION OF FLOOR AREA RATIO (FAR) AS
EXISTED ON NOVEMBER 7, 2001, THUS ENSURING COMPLIANCE WITH
SECTION 1.03(C) OF THE CHARTER; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
10:40 am. Second Reading Public Hearing Planning
First Reading July 13, 2016 - R5M Commissioner John Elizabeth Alemán
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance
2016-4029 adopted. Motion made by Commissioner Alemán; seconded by
Commissioner Arriola; Ballot-vote: 5-0; Absent: Mayor Levine and Commissioner
Malakoff. Thomas Mooney to handle.
Thomas Mooney, Planning Department Director, introduced the item. He explained
that the reintroduction is more limited and would only be applicable to existing
contributing buildings in the Historic District.
Daniel Ciraldo asked if this is effectively an up zoning or a way to raise streets and
then add more FAR. He also asked if there are there any particular projects
contemplated to use this benefit.
City Attorney Aguila explained that since the proposed Ordinance essentially
reinstates the exemption that existed prior to July 11, 2014, which was in effect on
November 7, 2001, when the Charter was amended with regard to FAR increases.
66
This is essentially not for an area increase beyond the threshold established on the
2001 date; this is a narrow exception, and it does not require a Charter Amendment or
a referendum.
Discussion held.
Thomas Mooney, Planning Department Director, stated that there is a number of
contributing buildings that would fall under this category, and if they had available
FAR, they could take advantage of this; the Beachcomber was proposing to do a full
renovation along with a rooftop addition, but there could be others throughout the
Historic District.
Monica Entin, representing the Sherry Frontenac, a contributing historic building with
an existing basement, explained that they also want to renovate the building, which is
hard to do when they have to count all the FAR of the basement, which does not
function due to low ceilings and they cannot renovate the building. They have worked
with staff and in working with Commissioner Alemán, they have asked for these
contributing buildings in these historic neighborhoods, that those existing basements
count as they did back in 2001, where it is 50% of the FAR that was there. It is not to
increase the FAR, but is to give those older buildings with existing areas a level
playing field.
Discussion continued.
Mr. Mooney stated that in 2014, when the Ordinance was first amended to make the
current change, they had noticed that for new construction projects, architects and
developers were locating the first floor six inches below sidewalk elevation, and then
claiming the 50% FAR bonus. What they would do is, through floor tiles or other
mechanisms, bring it up to sidewalk level. To close the loophole, the proposal was to
set a minimum depth of four feet in order to claim those fourth feet; but after vetting it
through the Resiliency Committee and Land Use Committee it was determined it
would be better not to encourage below grade construction at all. The Ordinance, as
written, counted the entire area as full FAR, regardless how far below sidewalk.
Subsequent to the adoption of that, earlier this year, they noted that it had a negative
impact on existing historic buildings that already have that condition built in through no
fault of their own, and limited their ability in some cases to be able to redevelop and
renovate that site. By counting that half basement as full FAR, it maxed out their FAR
prematurely. This proposal was to reintroduce that in a very limited capacity for
contributing buildings, in order to encourage and foster the renovation and
rehabilitation.
Handouts or Reference Materials:
1. Ad published in The Miami Herald No. 1192B
67
2:57:50 p.m.
R5 J AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AMENDING CHAPTER 31 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "PURCHASING," BY CREATING ARTICLE III, TO BE
ENTITLED "LOCAL WORKFORCE PARTICIPATION PROGRAM FOR CITY
CONSTRUCTION CONTRACTS," TO ESTABLISH WORKFORCE PARTICIPATION
GOALS AND REPORTING REQUIREMENTS FOR CITY CONSTRUCTION
CONTRACTS IN EXCESS OF $1,000,000 FOR THE CONSTRUCTION,
DEMOLITION, ALTERATION AND/OR REPAIR OF CITY BUILDINGS, CITY PUBLIC
WORKS, AND BUILDINGS OR IMPROVEMENTS LOCATED ON CITY-OWNED
LAND; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
10:45 am. Second Reading Public Hearing Procurement/City Attorney
First Reading July 13, 2016 - R5P Commissioner Micky Steinberg
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance
2016-4030 adopted. Motion made by Commissioner Steinberg; seconded by
Commissioner Alemán; Ballot-vote: 5-0; Absent: Mayor Levine and Commissioner
Malakoff. Alex Denis and Office of the City Attorney to handle.
Commissioner Steinberg introduced the item.
Alex Denis, Procurement Director, explained that the Ordinance establishes local
workforce participation program for City construction contracts in excess of $1 million.
It is an aspirational goal of 30% for Miami-Dade County residents; contractors must
track not only County residents and employees, but also Miami Beach residents and
employees.
Commissioner Steinberg added that this Ordinance is about making sure that the City
gives the first chance of jobs to residents and the community at large. She moved the
item.
David Safford spoke.
A short recess was called at 3:00 p.m.
Discussion continued.
Motion was made by Commissioner Steinberg; seconded by Commissioner Alemán.
Commissioner Alemán hopes they can find a way to meet the intent, which is to award
business to local workforce.
City Manager Morales added that a similar aspirational language was adopted, the
local preference Ordinance, and Maria Hernandez reports how successful it has been,
with a 60% of the construction workers in the Miami Beach Convention Center are
from the County, with a smaller percentage from the City, so it is successful.
Commissioner Steinberg stated that they are requiring them to report and monitor this
Ordinance to ensure that it is being followed and fulfilled.
68
Alex Denis stated that it would be the same reporting structure as currently used in the
Convention Center project.
Handouts or Reference Materials:
1. Ad published in The Miami Herald No. 1192B
3:15:36 p.m.
R5 K AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED
EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, IN
ACCORDANCE WITH THE NEGOTIATED COLLECTIVE BARGAINING
AGREEMENT, PROVIDING FOR QUALIFYING INCUMBENTS IN THE
CLASSIFICATIONS IN GROUP III, REPRESENTED BY THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS (IAFF), LOCAL 1510, AS FOLLOWS:
EFFECTIVE THE FIRST PAY PERIOD ENDING IN APRIL OF 2016, THERE SHALL
BE AN ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF ONE
PERCENT (1%), AND THE MINIMUM AND MAXIMUM OF EACH BI-WEEKLY
SALARY RANGE WILL ALSO BE INCREASED BY ONE PERCENT (1%);
EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2017, THERE SHALL
BE AN ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE
PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH BI-WEEKLY
SALARY RANGE WILL ALSO BE INCREASED BY THREE PERCENT (3%);
EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2018, THERE SHALL
BE AN ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE
PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH BI-WEEKLY
SALARY RANGE WILL ALSO BE INCREASED BY THREE PERCENT (3%);
PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
10:50 am. Second Reading Public Hearing Human Resources
First Reading July 13, 2016 - R5 O Commissioner Joy Malakoff
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance
2016-4031 adopted. Motion made by Commissioner Alemán; seconded by
Commissioner Arriola; Ballot-vote: 5-0; Absent: Mayor Levine and Commissioner
Malakoff. Michael Smith to handle.
City Manager Morales explained the item is specific to the contract with the firefighters
union and the IAFF, and implementing the COLA increases approved.
Handouts or Reference Materials:
1. Ad published in The Miami Herald No. 1192B
69
3:19:59 p.m.
R5 L LDR - TRANSIT INTERMODAL FACILITIES:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING SECTION 114-1, ENTITLED "DEFINITIONS" TO PROVIDE A
DEFINITION FOR A "TRANSIT INTERMODAL FACILITY' AND ASSOCIATED
DEFINITIONS; AMENDING CHAPTER 130, "OFF-STREET PARKING," ARTICLE II,
"DISTRICTS; REQUIREMENTS," SECTION 130-32, "OFF-STREET PARKING
REQUIREMENTS FOR PARKING DISTRICT NO. 1," AND SECTION 130-33, "OFF-
STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4, 5, 6,
AND 7," TO ESTABLISH PARKING REQUIREMENTS FOR "TRANSIT INTERMODAL
FACILITIES," AND ESTABLISHING SECTION 130-40, "BICYCLE PARKING
REQUIREMENTS," TO ESTABLISH MINIMUM REQUIREMENTS FOR BICYCLE
PARKING FOR "TRANSIT INTERMODAL FACILITIES"; AMENDING CHAPTER 130,
"OFF-STREET PARKING," ARTICLE III, "DESIGN STANDARDS," SECTION 130-68,
"COMMERCIAL AND NONCOMMERCIAL PARKING GARAGES," ESTABLISHING
REGULATIONS AND TO ALLOW FOR UP TO FIVE STORIES IN ADDITIONAL
BUILDING HEIGHT (50 FEET) SHOULD A "TRANSIT INTERMODAL FACILITY' BE
AN ACCESSORY USE TO A MAIN USE PARKING GARAGE; BY AMENDING
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," AT ARTICLE II,
"DISTRICT REGULATIONS," TO INCLUDE A "TRANSIT INTERMODAL FACILITY'
WITHIN THE LIST OF PERMITTED USES FOR THE FOLLOWING DISTRICTS:
COMMERCIAL LOW INTENSITY (CD-1), COMMERCIAL, MEDIUM DENSITY (CD-2),
COMMERCIAL, HIGH INTENSITY (CD-3), CIVIC AND GOVERNMENT USE (GU),
HOSPITAL DISTRICT (HD), COMMERCIAL PERFORMANCE STANDARD,
GENERAL MIXED USE (C-PS2), NORTH BEACH TOWN CENTER CORE (TC-1),
NORTH BEACH TOWN CENTER MIXED USE (TC-2); BY ESTABLISHING
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," AT ARTICLE V,
"SPECIALIZED USE REGULATIONS," DIVISION 4, "TRANSIT INTERMODAL
FACILITIES," TO ESTABLISH REGULATIONS AND PROVIDE UP TO FIVE
STORIES IN ADDITIONAL HEIGHT (50 FEET) SHOULD A "TRANSIT INTERMODAL
FACILITY' THAT IS NOT ASSOCIATED WITH A MAIN USE PARKING GARAGE BE
AN INCLUDED USE WITHIN A PROPERTY OR UNIFIED DEVELOPMENT SITE
WITHIN ONE OF THE ABOVE DISTRICTS; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
10:55 a.m. First Reading Public Hearing Planning
Commissioner Ricky Arriola
ACTION: Title of the Ordinance read into the record. First Reading, Public Hearing
held. Item heard in conjunction with R9M. Item deferred by acclamation. See motion
below. Item deferred to the October 19, 2016 Commission Meeting. Rafael E.
Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received.
Thomas Mooney to handle.
MOTION:
Commissioner Arriola made a motion to defer the item with the amendments, to the
October 19, 2016 Commission Meeting, and at that point decide what they want to
send back to Planning. Moved by acclamation. Absent: Mayor Levine and
Commissioner Malakoff.
70
AMENDMENTS:
1) Modify Section 130-32 to provide an alternative measure for parking requirement,
subject to available use projections through specific transit intermodal facilities,
including a fixed minimum parking requirement,
2) Removal of the waiver provision from Section 130-6810(e) and Section 142-
1301(d) except as related to parking requirements in Chapter 130.
3) Amend Section 142-1302 to provide for additional standard for a main use parking
structure, adding language “at least 51% of the gross floor area of the main use
transit intermodal facility shall meet the definition of the transit intermodal facility in
Section 114-1.”
4) Defining the streetcar or bus rapid transit, using the definition that would meet the
Federal Department of Transportation criteria for funding eligibility.
DIRECTION:
All amendments should be consolidated and rewritten in a coherent document to
discuss at the Planning Board.
Thomas Mooney, Planning Department Director, introduced the item. Both Ordinance
amendments are separate; one is a significant amendment to the Comprehensive Plan
to create the framework for Transit Intermodal Facility. The LDR amendment creates a
new set of development regulations for both main use Transit Intermodal Facilities, as
well as a new set of regulations for Transit Intermodal Facilities that are accessory to a
main use garage. The Planning Board and staff recommends, if this moves forward
with the approval of the Ordinance, that the following three amendments be included:
1) to modify Section 130-32 to provide an alternative measure for parking requirement,
subject to available use projections through specific Transit Intermodal Facilities,
including a fixed minimum parking requirement; 2) the removal of the Commission
waiver provision from Section 130-6810(e) and Section 142-1301(d), except as related
to parking requirements in Chapter 130. The Administration is recommending the
ability to grant that waiver; 3) and that Section 142-1302 be amended to provide for
additional standards for a main use parking structure, in specific, they recommend that
the following language be added for purposes of this subsection: "at least 51% of the
gross floor area of the main use Transit Intermodal Facility" shall meet the definition of
the Transit Intermodal Facility in Section 114-1.
Discussion held.
Robert Lansburgh stated that this is the preface that will bring Lightrail service to
South Beach, a process that has transpired over several years and largely unknown to
the public. He is concerned about the $500 million circular Lightrail that will not go to a
public vote. He asked why the public has not been engaged. He began a Facebook
page on this issue; he respects the hard work of the City Commission, but added that
this will not produce any solutions as far as getting people out of their cars. If it does
not work, tracks will be laid throughout South Beach.
Daniel Ciraldo asked the reason why there are multiple locations where a 50-foot
height increase could happen, including the Town Center. He does not understand the
rush and why they are potentially increasing heights around the City. He does not
understand the public benefit and urges them to vote against it.
Discussion held regarding the amendments.
71
Graham Penn, Esq., requested an additional tweak to be looked at relating to Section
142-1302, which he distributed at the dais. He asked that an amendment be made to
the language to allow the additional bonus height to both main and accessory Transit
Intermodal Facilities, to help find additional sites within the City.
Eve Boutsis, Deputy City Attorney, explained that the language as requested by Mr.
Penn, would change the title, and the Ordinance would have to go back to First
Reading.
Discussion continued.
Sam Dubbin, Esq., representing Bentley Bay and ICON Condominium Associations,
stated that this is a radical change to a thorough measure that has gone before the
Land Use and Development Committee and the Planning Board. The five-story benefit
was only to be applicable to main use transit facilities or main use parking garage. This
also violates Section 118-161 of the Code, since the Planning Board must address this
and make recommendations with regard to this major substantial change of this
provision. Any amendment to the LDR must be consistently compatible with the
Comprehensive Plan, and shall be enacted in accordance with the provisions of this
Article. This is also in violation of State law, which requires the Planning Board to
address and approve any changes to the Comprehensive Plan.
Commissioner Arriola agrees in sending the item back to the Planning Board. He
stated that Mr. Del Vecchio had suggestions that he wanted him to address.
Mr. Mooney clarified that Mr. Penn’s amendment was not what the Administration is
recommending; it is a policy decision, and it would require a first reading and going
back to the Planning Board. In answering Commissioner Rosen Gonzalez, he stated
that this legislation sets up the framework for future Transit Intermodal Facilities and
the only potential site at this time is at 1100 5 th Street.
Frank Del Vecchio spoke.
Discussion held.
Commissioner Arriola asked for an explanation of what an intermodal transit hub is
and why these amendments are necessary.
Commissioner Alemán also asked to highlight who decides if they have one or not.
Kathie G. Brooks, Assistant City Manager, explained the genesis of the item. As part
of the Transportation Master Plan, they set up transportation priorities for the City. Part
of the recommendation, in addition to including dedicated lanes for transit facilities, it
recommended intermodal facilities, such as bus rapid transit, enhanced bus, Lightrail
street cars interfacing with other modes of transportation; having bicycle facilities at
same locations to transfer from one mode to the other. The Transportation Master
Plan recommended a number of facilities at locations throughout the City; this plan
was a 20-year plan, so it identified Intermodal Facilities, one at the north end of the
City, one on 71 st , one at 41 st and one at Alton and 5 th .
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Commissioner Alemán understands that it is not up to a developer to decide if they
want to build a Transit Intermodal Facility, but the City Commission has to approve
where and when it happens; however, she is concerned about the 75 spaces, and
thinks they should be larger than 75 spaces. This is Intermodal Bus Rapid Transit,
bicycles and part of a Transportation Plan.
Discussion continued.
Frank Del Vecchio stated that it is clear that the objective is to move forward. He is
looking at the item from a technical point of view. The Ordinance would authorize five
feet for developments that qualify as Transit Intermodal Facilities. The zones within the
lists permitted extended to all of the zone districts adjacent to, and including all zones
eligible for the increases if, the applicant qualifies as Transit Intermodal Facility (5 th
Street, Washington Avenue to Dade Blvd and 17 th Street, and Alton Road). All publicly
owned property (GU) zones would also be eligible, and can include North Beach. He
stated that the plan amendments are written in such a way that a developer could be
approved for a Transit Intermodal Facility type bonus, even if no streetcar was
accommodated; it could be bus to bus, bus rapid, transfer to bus, etc. If the intention is
for it to be a streetcar, or a bus rapid transit, which has features of the Lightrail transit
with a dedicated lane, that should be added to the language. If the intention is to get
developers to invest in a facility that serves the streetcar program, the location of the
facility must be carefully studied, whether it is a track, and the streetcar is in the center
lane, with the tracks going into the side at one point and exiting at another point.
Timing must be careful. There will probably be street elevations paid by the City, which
entails significant engineering work to decide exactly where the facilities should be. At
this point, he has not seen an environmental or an engineering study yet. He
suggested that before committing, the City Commission should take a close look at the
document he emailed yesterday, and they can defer the item at this time. Lastly, some
Commissioners are anxious, instead of a train circulating the City and going nowhere,
to first see the County step up to the plate and make a connection at least to the main
transit facility in the City of Miami or the Government Center. The County has MPO
meetings and they would like to have a program that is eligible for Federal funding, as
well as State funding. He recommended defining the streetcar or bus rapid transit,
using the definition that would meet the Federal Department of Transportation criteria
for funding eligibility. He recommended deferring the item on first reading and have
staff discuss at committee.
Commissioner Arriola stated that the intent of Mr. Del Vecchio’s language is
appropriate, the intent is clear, and if they include language that cites that, the public
will be comfortable with it.
Jimmy L. Morales, City Manager, is in favor of deferring the item and bring back in
October. He clarified that he is not supportive of the accessory structure amendment.
Commissioner Alemán suggested that all changes be consolidated and rewritten in a
coherent document and sent back to the Planning Board.
Discussion held.
73
Vice-Mayor Grieco recommended that Commissioner Arriola defer the item, bring back
it on October 19, 2016 and decide what they want to send back to Planning.
Commissioner Arriola agreed to the deferral. Deferred by acclamation.
Steven Cohen spoke against Lightrail.
Commissioner Alemán added that the City Commission has the power to accept, or
not, the minimum number of spaces. If there is a proposal at those points, they need to
have the authority to approve or not. The bonuses need to be at the authority and
discretion of the City Commission. For the record, she rejected the removal of
authorities regarding other developments in addition to parking. To start removing
waiver authorities from the City Commission is irresponsible.
Commissioner Rosen Gonzalez requested to know the facilities locations before they
begin zoning. Jose Gonzalez to handle.
Commissioner Arriola stated that best practices nationwide state that you cannot have
Mass Transit without these intermodal facilities in an urban environment. They are
committed to Mass Transit solutions to alleviate traffic problems, and these intermodal
facilities are part of that. The question is how they want it to be done.
Commissioner Rosen Gonzalez stated that the idea of these intermodal facilities
sounds like a good idea in theory, but in practice, she is skeptical.
Mr. Lansburgh spoke.
No further discussion.
Handouts or Reference Materials:
1. Ad published in The Miami Herald No. 1193A
2. Ad published in The Miami Herald No. 1199
3. Email from Frank Del Vecchio fdelvecchio@atlanticbb.net dated September 13, 2016 RE:
Streetcar Transfer Stations – Height Increases, Sept. 14 City Commission Agenda with
attachments.
4. Division 4. Proposed Language to Sec. 142.1301 by Graham Penn.
74
3:19:58 p.m.
R5 M COMPREHENSIVE PLAN - TRANSIT INTERMODAL FACILITIES:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY OF MIAMI BEACH, FLORIDA, BY
OBJECTIVE 1, ENTITLED "LAND DEVELOPMENT REGULATIONS," TO ALLOW
"TRANSIT INTERMODAL FACILITIES" AS A PERMITTED USE WITHIN THE
FOLLOWING LAND USE CATEGORIES: LOW INTENSITY COMMERCIAL
CATEGORY (CD-1), MEDIUM INTENSITY COMMERCIAL CATEGORY (CD-2), HIGH
INTENSITY COMMERCIAL CATEGORY (CD-3), PUBLIC FACILITY HOSPITAL - PF
(PF-HD), PUBLIC FACILITY: GOVERNMENTAL USES (PF), PARKING (P),
GENERAL MIXED USE COMMERCIAL "PERFORMANCE STANDARD" CATEGORY
(CPS-2), TOWN CENTER CORE CATEGORY (TC-1), AND TOWN CENTER
COMMERCIAL CATEGORY (TC-2); AMENDING THE FUTURE LAND USE MAP TO
MODIFY THE DESIGNATION "RECREATION OPEN SPACE" (ROS) ALONG THE
JULIA TUTTLE TO "PUBLIC FACILITY" (PF); AMENDING THE PARKING (P) LAND
USE CATEGORY TO ALLOW THOSE USES PERMITTED IN SURROUNDING LAND
USE CATEGORIES, INCLUDING, BUT NOT LIMITED TO, RESIDENTIAL USES
WHEN ASSOCIATED WITH A TRANSIT INTERMODAL FACILITY OR PARKING
FACILITY; AMENDING AND UPDATING THE GOALS, OBJECTIVES, AND
RELATED POLICIES OF THE TRANSPORTATION ELEMENT AS FOLLOWS:
OBJECTIVE 1, ENTITLED "LEVEL OF SERVICE," TO REFLECT THE CITY'S
ADOPTED MODE OF TRANSPORTATION HIERARCHY; OBJECTIVE 2, ENTITLED
"COORDINATION WITH LAND USE," TO DETAIL THE NEEDS FOR TRANSIT
INTERMODAL FACILITIES; OBJECTIVE 3, ENTITLED "ROADWAY PLANNING,
DESIGN AND CONSTRUCTION," TO INCORPORATE ADDITIONAL MULTIMODAL
TRANSPORTATION OPTIONS; OBJECTIVE 4, ENTITLED "MASS TRANSIT," TO
ENCOURAGE MASS TRANSIT OPTIONS THROUGH THE 2015
TRANSPORTATION MASTER PLAN; OBJECTIVE 5A, ENTITLED "TRANSIT MODE"
TO DETAIL OPTIONS FOR TRANSPORTATION INFRASTRUCTURE; OBJECTIVE
6, ENTITLED "MULTI-MODAL TRANSPORTATION AND MOBILITY OPTIONS," TO
CLARIFY STRATEGIES TO IMPLEMENT MULTI-MODAL TRANSPORTATION
OPTIONS; OBJECTIVE 7, ENTITLED "ENHANCE, PROTECT, AND PRESERVE THE
CITY'S NEIGHBORHOODS," TO CLARIFY COORDINATING AGENCIES AND
STRATEGIES; OBJECTIVE 8, ENTITLED "PARKING," TO ENCOURAGE SMART
PARKING SYSTEMS; OBJECTIVE 10, ENTITLED "TRANSPORTATION
COORDINATION WITH OTHER JURISDICTIONS," TO REQUIRE COORDINATION
RELATING TO "TRANSIT INTERMODAL FACILITIES;" THE GLOSSARY OF TERMS
TO INCLUDE THE TERM "TRANSIT INTERMODAL FACILITY" AND RELATED
DEFINITIONS; AMENDING AND UPDATING THE POLICIES WITHIN THE
INTERGOVERNMENTAL COORDINATION ELEMENT TO INCLUDE
COORDINATION RELATING TRANSIT INTERMODAL FACILITIES; PROVIDING
FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
11:00 a.m. First Reading Public Hearing Planning
Commissioner Ricky Arriola
ACTION: Title of the Ordinance read into the record. First Reading, Public Hearing
held. Item heard in conjunction with R9L. Item deferred by acclamation to the October
19, 2016. Absent: Mayor Levine and Commissioner Malakoff. Rafael E. Granado to
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notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas
Mooney to handle.
Handouts or Reference Materials:
1. Ad published in The Miami Herald No. 1193A
2. Ad published in The Miami Herald No. 1202
3. Email from Frank Del Vecchio fdelvecchio@atlanticbb.net dated September 13, 2016 RE:
Streetcar Transfer Stations – Height Increases, Sept. 14 City Commission Agenda with
attachments.
4:42:42 p.m.
R5 N 41ST STREET CD-1 AND CD-3 DISTRICTS ALCOHOLIC BEVERAGE
ESTABLISHMENT REGULATIONS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 OF THE CITY CODE,
"ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," (1) AT DIVISION 4, "CD-1 COMMERCIAL LOW INTENSITY
DISTRICT," SECTION 142-272, "MAIN PERMITTED USES;" SECTION 142-273,
"CONDITIONAL USES;" SECTION 142-274, "ACCESSORY USES;" AND SECTION
142-279 "SPECIAL REGULATIONS FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS;" AND (2) AT DIVISION 6, "CD-3 COMMERCIAL, HIGH
INTENSITY DISTRICT," SECTION 142-332, "MAIN PERMITTED USES;" SECTION
142-333, "CONDITIONAL USES;" SECTION 142-334, "ACCESSORY USES;" AND
SECTION 142-340, "SPECIAL REGULATIONS FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS;" TO AMEND THE HOURS OF OPERATION, LOCATION, AND
USE RESTRICTIONS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS IN THE
41ST STREET CORRIDOR, WHICH IS GENERALLY BOUNDED BY 40TH STREET
TO THE SOUTH AND 42ND STREET TO THE NORTH, BETWEEN ALTON ROAD
AND INDIAN CREEK; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
11:10 am. First Reading Public Hearing Planning
Commissioner John Elizabeth Alemán
ACTION: Title of the Ordinance read into the record. First Reading, Public Hearing
held. Item opened and continued to the October 19, 2016 Commission Meeting.
Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if
received. Thomas Mooney to handle.
Handouts or Reference Materials:
1. Ad published in The Miami Herald No. 1193A
2. Ad published in The Miami Herald No. 1200
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3:09:26 p.m.
R5 O SUNSET HARBOUR ALCOHOLIC BEVERAGE ESTABLISHMENT REGULATIONS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," (1) AT DIVISION 5, "CD-
2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," SECTION 142-302, "MAIN
PERMITTED USES," SECTION 142-303, "CONDITIONAL USES," SECTION 142-
304, "ACCESSORY USES," AND SECTION 142-310, "SPECIAL REGULATIONS
FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS"; AND (2) AT DIVISION 11, "1-L
LIGHT INDUSTRIAL DISTRICT," SECTION 142-482, "MAIN PERMITTED USES,"
SECTION 142-483, "CONDITIONAL USES," SECTION 142-484, "ACCESSORY
USES," AND SECTION 142-488, "SPECIAL REGULATIONS FOR ALCOHOLIC
BEVERAGE ESTABLISHMENTS," TO CLARIFY PROHIBITED ENTERTAINMENT
USES, AND AMEND THE HOURS OF OPERATION, LOCATION AND USE
RESTRICTIONS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS IN THE
SUNSET HARBOUR NEIGHBORHOOD, GENERALLY BOUNDED BY PURDY
AVENUE, 20TH STREET, ALTON ROAD, AND DADE BOULEVARD; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
11:15 a.m. First Reading Public Hearing Planning
Vice-Mayor Michael Grieco
ACTION: Title of the Ordinance read into the record. First Reading, Public Hearing
held. Ordinance approved on first reading. Motion made by Commissioner Alemán;
seconded by Commissioner Steinberg; Ballot-vote: 5-0; Absent: Mayor Levine and
Commissioner Malakoff. Second reading, Public reading is scheduled for October 19,
2016. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda,
if received. Thomas Mooney to handle.
Pursuant to Section 2-13 of the Code, motion accepting the Land Use and
Development Committee’s recommendation of this Ordinance was made by
Commissioner Steinberg, seconded by Commissioner Arriola; Voice vote: 5-0; Absent:
Mayor Levine and Commissioner Malakoff.
Thomas Mooney, Planning Department Director, introduced the item and explained
that the following are included in the draft: a mandatory closing time of 2:00 a.m. for
alcohol beverage establishments; outdoor establishments including sidewalk café
operations shall close no later than 12 midnight; alcoholic beverage establishments
may not operate any outside dining areas or accessory bar counters above the ground
floor of the building, but restaurant seating associated with indoor venues not to
exceed 40 seats may be a permitted above ground floor; that outdoor speakers would
only permitted to play ambient background music, that special events would not be
permitted in any alcoholic average establishments, and that an applicability section
any valid pre-existing uses be included. At the Planning Board, two changes were
recommended; one to prohibit expressly outdoor speakers, and two to extend slightly
the applicability section to include those particular Land Use Board applications that
made an application prior to August 23, 2016. The Administration did not have
objections to the recommendations of the Planning Board and included those two
changes in the draft Ordinance for first reading. They recommend approval.
The following individuals spoke in support of the Ordinance:
77
Bruce Beckman, Sunset Harbour Neighborhood Association Director
Sarah de los Reyes, Sunset Harbour Neighborhood Association President
Handouts or Reference Materials:
1. Ad published in The Miami Herald No. 1193A
2. Ad published in The Miami Herald No. 1207
4:44:42 p.m.
R5 P SHORT TERM RENTALS IN THE COLLINS WATERFRONT LOCAL HISTORIC
DISTRICT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH,
SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," OF CHAPTER
142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY AMENDING
DIVISION 2, ENTITLED "ACCESSORY USES"; BY AMENDING ARTICLE IV,
ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING
DIVISION 3, ENTITLED "SUPPLEMENTARY USE REGULATIONS," BY AMENDING
SECTION 142-1111(6)(4), ENTITLED "SHORT-TERM RENTAL OF APARTMENT
UNITS OR TOWNHOMES," BY ESTABLISHING A NEW TIME PERIOD FOR
OWNERS OF PROPERTY IN THE COLLINS WATERFRONT LOCAL HISTORIC
DISTRICT TO APPLY FOR APPROVAL OF A CERTIFICATE OF USE THAT
PERMITS SHORT-TERM RENTAL OF APARTMENT AND TOWNHOME
RESIDENTIAL UNITS; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
3:00 p.m. First Reading Public Hearing Planning
Commissioner John Elizabeth Alemán
ACTION: Title of the Ordinance read into the record. Item opened and continued by
acclamation. Absent: Mayor Levine and Commissioner Malakoff. Item opened and
continued to the October 19, 2016 Commission Meeting. Rafael E. Granado to notice.
Lilia Cardillo to place on the Commission Agenda, if received. Thomas Mooney to
handle.
Handouts or Reference Materials:
1. Ad published in The Miami Herald No. 1193B
2. Ad published in The Miami Herald No. 1201
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4:45:23 p.m.
R5 Q AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AMENDING CHAPTER 2 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III,
ENTITLED "AGENCIES, BOARDS, AND COMMITTEES," BY AMENDING DIVISION
15, ENTITLED "MIAMI BEACH SISTER CITIES PROGRAM" AND DIVISION 16,
ENTITLED "MIAMI BEACH YOUTH COMMISSION" TO REMOVE "MIAMI BEACH"
FROM THE NAME OF THE SISTER CITIES PROGRAM AND THE YOUTH
COMMISSION; AND, FURTHER AMENDING CHAPTER 62, ENTITLED "HUMAN
RELATIONS," BY AMENDING ARTICLE II, ENTITLED "DISCRIMINATION," BY
AMENDING DIVISION I, ENTITLED "GENERALLY', BY AMENDING SECTION 62-34
THEREOF, ENTITLED "CITY OF MIAMI BEACH HUMAN RIGHTS COMMITTEE
ESTABLISHED," TO REMOVE "CITY OF MIAMI BEACH" FROM THE NAME OF
THE COMMITTEE; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
3:05 p.m. Second Reading Public Hearing Office of the City Attorney
First Reading July 13, 2016 - R5Q Commissioner John Elizabeth Alemán
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance
2016-4032 adopted. Motion made by Commissioner Alemán; seconded by
Commissioner Arriola; Ballot-vote: 5-0; Absent: Mayor Levine and Commissioner
Malakoff. Office of the City Attorney to handle.
Debora Turner introduced the item. The Ordinance removes the name of Miami Beach
from the committee names, to be consistent with the names of all other committees.
Handouts or Reference Materials:
1. Ad published in The Miami Herald No. 1193B
4:46:50 p.m.
R5 R MXE PACKAGE STORE PROHIBITION:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 OF THE CITY CODE,
ENTITLED "GENERAL PROVISIONS," SECTION 114-1, "DEFINITIONS," TO
DEFINE PACKAGE STORES; AND AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS,"
DIVISION 13, "MXE - MIXED USE ENTERTAINMENT DISTRICT," BY AMENDING
SECTION 142-544 THEREOF, ENTITLED "PROHIBITED USES," TO PROHIBIT
PACKAGE STORES, PACKAGE SALES OF ALCOHOLIC BEVERAGES, AND
ENTERTAINMENT USES IN PACKAGE STORES IN THE MXE DISTRICT; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
3:15 p.m. First Reading Public Hearing Planning
Commissioner Ricky Arriola and
Co-sponsored by Commissioner Joy Malakoff
ACTION: Title of the Ordinance read into the record. First Reading, Public Hearing
held. Ordinance approved on first reading. Motion made by Commissioner Arriola;
seconded by Commissioner Steinberg to adopt on first reading with a referral to Land
Use and Development Committee; Ballot-vote: 5-0; Absent: Mayor Levine and
Commissioner Malakoff. Second reading, Public reading is scheduled for October 19,
79
2016. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda,
if received. Thomas Mooney to place on the Commission Committee agenda and
to handle.
REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE:
• Separate Ordinance amendment to the Land Use and Development Committee to
address the storefront appearance of packages stores Citywide, and the ability to
have entertainment in establishments that do not serve alcohol
• Discuss distance separation between establishments/stores that sell alcohol
beverages
• Contemplate in a separate discussion what they want to do in Mid and North
Beach for similar zoning districts
Thomas Mooney, Planning Department Director, introduced the item. He explained
that the Planning Board transmitted the Ordinance with favorable recommendation,
so they have zoning in progress; however, the Land Use and Development
Committee discussed the item but continued it to the September 21 st meeting, to have
their recommendation for second reading. They requested on first reading, a referral
of a separate Ordinance amendment to the Land Use and Development Committee
and the Planning Board to address the storefront appearance of package stores
Citywide, and the ability to regulate entertainment in establishments that do not serve
alcohol.
Discussion held.
Commissioner Arriola inquired if the Ordinance addresses stores that sell alcohol,
such as CVS or Walgreens, by restricting the percentage of alcohol sales.
Mr. Mooney stated that this Ordinance does not address that.
Discussion held regarding restrictions on alcohol and State pre-emption.
Raul J. Aguila, City Attorney, stated that they looked into it to ban the sale of
individual alcohol cans and bottles, and in that case the City is pre-empted by the
State.
Vice-Mayor Grieco suggesting sending it to the Land Use and Development
Committee to discuss these amendments; he stated that the way that a package
store can be located every 300 feet, and he is not in agreement with that. The
majority of cities have increased the separation distance. He requested to include this
discussion at the Land Use and Development Committee.
Commissioner Arriola explained that they want to restrict the percentage of sales of
alcohol in CVS and Walgreens by restricting to sales to no more than 20% or so. He
requested to treat them as a liquor store, and restrict what sales in the store.
Vice-Mayor Grieco added that the 24-hour drug stores, including 7-11, CVS and
Walgreens, according to the Police in all areas of the City have issues and complaints
having to do with concentration of people buying alcohol at these liquor stores. This is
a good global conversation to have as they seem to be proliferating.
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Discussion continued regarding restrictions and zoning in progress as approved by
the Planning Board.
Mr. Mooney stated that if the changes do not affect the title of the Ordinance, it would
go into effect ten days after October 19.
Discussion continued.
Commissioner Steinberg asked if Land Use and Development Committee can directly
make the referral to Planning.
Aleksandr Boksner, Deputy City Attorney, recommended approving the item on first
reading as written to prevent future package liquor stores to open up in the districts.
Commissioner Arriola encouraged the Land Use and Development Committee to
contemplate, in a separate discussion, what they want to do in Mid and North Beach,
as it is a good policy for other zoning districts.
Commissioner Rosen Gonzalez added that crime and homelessness comes from
people buying single beer cans, and although she understands is an amenity, this
results in an elevated crime and mischief rate. She is in favor of the Ordinance.
Discussion continued regarding State law pre-emption. Mr. Boksner stated that to
amend State law they would have to ask City legislators to amend that to allow the
City to local regulations, but that has always been problematic to deal with in
Tallahassee.
Handouts or Reference Materials:
1. Ad published in The Miami Herald No. 1193B
2. Ad published in The Miami Herald No. 1203
81
11:54:49 a.m.
R5 S CHAPTER 46 - NON-SPECIMEN TREES:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDR'S) OF THE CITY CODE, BY AMENDING CHAPTER 46,
"ENVIRONMENT", ARTICLE II, "CARE AND MAINTENANCE OF TREES AND
PLANTS", DIVISION 2, "TREE PRESERVATION AND PROTECTION," TO MODIFY
THE DIAMETER AT BREAST HEIGHT OF NON-SPECIMEN TREES; PROVIDING
FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
First Reading Planning
Commissioner Joy Malakoff
ACTION: Title of the Ordinance read into the record. Item heard in conjunction with
R5 T. Ordinance approved on first reading. Motion made by Commissioner Rosen
Gonzalez; seconded by Commissioner Malakoff; Ballot-vote: 7-0. Second reading,
Public reading is scheduled for October 19, 2016. Rafael E. Granado to notice. Lilia
Cardillo to place on the Commission Agenda, if received. Thomas Mooney,
Elizabeth Wheaton and Mark Williams to handle.
Pursuant to Section 2-13 of the Code, motion accepting the Land Use and
Development Committee’s recommendation of this Ordinance was made by
Commissioner Malakoff, seconded by Commissioner Aleman; Voice vote: 7-0.
Thomas Mooney, Planning Department Director, introduced the item, which modifies
the City’s Landscape Ordinances. The districts will be modified in which a non-
specimen tree can be located. The diameter for which an exemption or removal of a
specimen tree will also be modified going from nine to six inches. It also increases the
number of trees that would be considered non-specimen trees.
Commissioner Malakoff stated that as of June, the City has taken over the
landscaping of trees, and the idea of having both these Ordinances, is to ensure that
there are more canopy trees, that the trees are trimmed properly, and that the City
proactively promotes the health and landscape of the trees throughout. She asked the
City Clerk to read R5 T into the record. Title read.
Discussion held.
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11:58:32 a.m.
R5 T CHAPTER 126 - LANDSCAPE ORDINANCE:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDR'S) OF THE CITY CODE, BY AMENDING CHAPTER 126,
"LANDSCAPING," BY EXPANDING THE APPLICABILITY, SUBMITTAL
REQUIREMENTS FOR LANDSCAPE PLANS, EXPANDING MINIMUM
LANDSCAPE STANDARDS, DETAILING MAINTENANCE REQUIREMENTS FOR
REQUIRED LANDSCAPING, AND PROVIDING FOR THE DEPOSIT OF FUNDS TO
THE CITY OF MIAMI BEACH TREE PRESERVATION TRUST FUND FOR NOT
COMPLYING WITH LANDSCAPE REQUIREMENTS; BY AMENDING CHAPTER
130, ENTITLED "OFF-STREET PARKING," ARTICLE III, ENTITLED "DESIGN
STANDARDS," TO INCORPORATE LANDSCAPE STANDARDS FOR TEMPORARY
AND PROVISIONAL PARKING LOTS INTO THE CITY OF MIAMI BEACH
LANDSCAPE ORDINANCE; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
First Reading Planning
Commissioner Joy Malakoff
ACTION: Title of the Ordinance read into the record. Item heard with R5 S.
Ordinance approved on first reading. Motion made by Commissioner Malakoff;
seconded by Commissioner Alemán; Ballot-vote: 7-0; Second reading, Public reading
is scheduled for October 19, 2016. Rafael E. Granado to notice. Lilia Cardillo to place
on the Commission Agenda, if received. Thomas Mooney to handle.
Pursuant to Section 2-13 of the Code, motion accepting the Land Use and
Development Committee’s recommendation of this Ordinance was made by
Commissioner Malakoff; seconded by Commissioner Rosen Gonzalez. Voice vote: 7-
0.
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3:17:41 p.m.
R5 U AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED
EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
IN ACCORDANCE WITH THE NEGOTIATED COLLECTIVE BARGAINING
AGREEMENT, PROVIDING FOR QUALIFYING INCUMBENTS IN THE
CLASSIFICATIONS IN GROUP II, REPRESENTED BY THE FRATERNAL ORDER
OF POLICE (FOP) WILLIAM NICHOLS LODGE NO. 8., AS FOLLOWS: EFFECTIVE
THE FIRST PAY PERIOD ENDING IN APRIL OF 2016, THERE SHALL BE AN
ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF ONE
PERCENT (1%), AND THE MINIMUM AND MAXIMUM OF EACH BI-WEEKLY
SALARY RANGE WILL ALSO BE INCREASED BY ONE PERCENT (1%);
EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2017, THERE SHALL
BE AN ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF
THREE PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH BI-
WEEKLY SALARY RANGE WILL ALSO BE INCREASED BY THREE PERCENT
(3%); EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2018, THERE
SHALL BE AN ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF
THREE PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH BI-
WEEKLY SALARY RANGE WILL ALSO BE INCREASED BY THREE PERCENT
(3%); EFFECTIVE OCTOBER 1, 2015, ADDING ONE ADDITIONAL STEP, STEP (I),
TO THE PAY RANGE FOR THE CLASSIFICATION OF DETENTION OFFICER;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY,
AND AN EFFECTIVE DATE.
First Reading Human Resources
Commissioner Joy Malakoff
ACTION: Title of the Ordinance read into the record. Ordinance approved on first
reading. Motion made by Commissioner Arriola; seconded by Commissioner Alemán;
Ballot-vote: 5-0; Absent: Mayor Levine and Commissioner Malakoff. Second reading,
Public reading is scheduled for September 27, 2016. Rafael E. Granado to notice.
Lilia Cardillo to place on the Commission Agenda, if received. Michael Smith to
handle.
Michael Smith, Human Resources Department Director, stated that this item is the
same as the previous Salary Ordinance, except it is for the Fraternal Order of Police;
it proposes the same salary, COLA schedule and same time frame, with the addition
one-step to the classification of Detention Officer. It also implements the Collective
Bargaining Agreement ratified in July 2016.
No further discussion.
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R5 V AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1613, THE
UNCLASSIFIED EMPLOYEES' LEAVE ORDINANCE, BY AMENDING THE
PROVISIONS IN SECTION 10, ENTITLED "OTHER LEAVES WITH
COMPENSATION" TO PROVIDE FOR PAID PARENTAL LEAVE; PROVIDING FOR
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
First Reading Human Resources
Commissioner Kristen Rosen Gonzalez
ACTION: Item deferred to the September 27, 2016 Commission Meeting. Lilia
Cardillo to place on the Commission Agenda, if received. Michael Smith to handle.
12:08:33 p.m.
R5 W SINGLE FAMILY HOME - NON ARCHITECTURALLY SIGNIFICANT - DEMOLITION
PROCEDURES:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS
(LDR's) OF THE CITY CODE, BY AMENDING CHAPTER 142, "ZONING DISTRICTS
AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 2, "RS-1,
RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," SECTION 142-108,
"PROVISIONS FOR THE DEMOLITION OF SINGLE-FAMILY HOMES LOCATED
OUTSIDE OF HISTORIC DISTRICTS;" BY AMENDING THE REQUIREMENTS AND
PROCEDURES FOR THE ISSUANCE OF A DEMOLITION PERMIT FOR SINGLE
FAMILY HOMES THAT ARE NOT ARCHITECTURALLY SIGNIFICANT; CREATING
SUBSECTION (J), ENTITLED ISSUANCE OF DEMOLITION PERMITS FOR SINGLE
FAMILY HOMES THAT ARE NOT ARCHITECTURALLY SIGNIFICANT; PROVIDING
FOR FINES, APPEALS AND ENFORCEMENT; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
First Reading Planning
Commissioner Joy Malakoff
ACTION: Title of the Ordinance read into the record. Ordinance approved on first
reading. Motion made by Commissioner Malakoff; seconded by Commissioner
Alemán; Ballot-vote: 7-0. Second reading, Public reading is scheduled for October
19, 2016. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission
Agenda, if received. Thomas Mooney to handle.
Pursuant to Section 2-13 of the Code, motion accepting the Land Use and
Development Committee’s recommendation of this Ordinance was made by
Commissioner Malakoff, seconded by Commissioner Rosen Gonzalez; Voice vote: 7-
0.
Thomas Mooney, Planning Department Director, introduced the item. The Ordinance
was first considered in May 2016 by the City Commission and sets forth standards
and procedures for the demolition of all single-family homes, regardless of year of
construction. It did not set forth the new review process from the DRB, just sets forth
a series of benchmarks that must be met before the demolition permit is issued. The
City Commission was not comfortable with the overall drafting of the Ordinance, and
the item was re-referred to the LUDC. At LUDC, a second option was proposed that
would, in lieu of having a full building permit, or submit full building plans for new
construction, the property owner could make tangible improvements to the vacant lot
by raising it up to sidewalk grade, by doing environmental sensitive grass, minimal
85
amount of landscaping, and also there were some step enforcement mechanisms and
increased fines for that. The Planning Board endorsed it and the Administration
recommends approval.
Commissioner Malakoff stated that this is a way to help protect single-family
residential environment in order to avoid vacant lots and for the health and safety of
the neighborhood where there are demolished homes.
No further discussion.
R5 X SIGNAGE ORDINANCE:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY STRIKING CHAPTER
138, "SIGNS;" AND REPLACING IT WITH A NEW CHAPTER 138, "SIGNS,"
AMENDING AND MODIFYING ALL EXISTING REGULATIONS FOR ALL SIGNS IN
ALL DISTRICTS, INCLUDING GENERAL REQUIREMENTS, EXEMPT SIGNS,
PROHIBITED SIGNS, PERMITTED SIGNS, NONCONFORMING SIGNS, SPECIFIC
DISTRICT SIGNS, SPECIFIC CONDITION SIGNS, TEMPORARY SIGNS, AND
ARTISTIC OR SUPER GRAPHICS; PROVIDING FOR CODIFICATION; REPEALER,
SEVERABILITY; AND AN EFFECTIVE DATE.
First Reading
Planning
Commissioner Ricky Arriola
ACTION: Item deferred to the September 27, 2016 Commission Meeting. Lilia
Cardillo to place on the Commission Agenda, if received. Thomas Mooney to
handle.
R5 Y AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 OF THE CITY CODE,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 13, "MXE MIXED USE ENTERTAINMENT DISTRICT,"
BY CREATING SECTION 142-551 THEREOF, ENTITLED "ADDITIONAL
REGULATIONS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS," TO
TERMINATE THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT
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) AT 2:00 A.M.; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
First Reading Office of the City Attorney
Mayor Philip Levine
ACTION: Item deferred. Motion approved by acclamation to defer item R5 Y to the
September 27, 2016 Commission Agenda. Lilia Cardillo to place on the Commission
Agenda, if received. Office of the City Attorney to handle.
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R5 Z 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 46-157, 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.
First Reading Office of the City Attorney
Deferred July 20, 2016 - R5A Mayor Philip Levine
and Co-Sponsored by Commissioner Joy Malakoff
ACTION: Item deferred. Motion approved by acclamation to defer item R5 Z to the
September 27, 2016 Commission Agenda. Lilia Cardillo to place on the Commission
Agenda, if received. Office of the City Attorney to handle.
R5 AA AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "TAXATION," BY AMENDING ARTICLE V, ENTITLED
"LOCAL BUSINESS TAX," BY AMENDING SECTION 102-379, "SCHEDULE OF
TAXES," BY CREATING THE BUSINESS TAX CATEGORY OF "SHORT TERM
RENTALS," AND UPDATING THE "SCHEDULE OF TAXES;" PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
First Reading Finance
Commissioner John Elizabeth Alemán and Vice- Mayor Michael Grieco
ACTION: Item deferred to the September 27, 2016 City Commission Meeting. Rafael
E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if
received.
12:21:55 p.m.
R5 AB AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 110 OF THE MIAMI BEACH CITY
CODE ENTITLED "UTILITIES," AMENDING ARTICLE IV, ENTITLED "FEES,
CHARGES, RATES AND BILLING PROCEDURE;" AMENDING DIVISION 2,
ENTITLED "RATES, FEES AND CHARGES," BY AMENDING SECTION 110-166,
ENTITLED" SCHEDULE OF WATER RATES AND TAPPING CHARGES," SECTION
110-168, ENTITLED "SANITARY SEWER SERVICE CHARGE," AND ADDING
SECTION 110-171 "RATE INDEXING" TO ADJUST AND MODIFY WATER AND
SANITARY SEWER RATES; AND ALSO AMENDING APPENDIX A TO CHAPTER
110, ENTITLED "FEE SCHEDULE" TO INCREASE AND RESTRUCTURE THE
WATER RATES AND SANITARY SEWER SERVICE CHARGES IMPOSED BY THE
CITY PURSUANT TO SECTIONS 110-166, 110168 AND 110-117; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
First Reading Public Works
Commissioner Ricky Arriola
ACTION: Title of the Ordinance read into the record. Ordinance approved on first
reading. Motion made by Commissioner Alemán; seconded by Commissioner
Malakoff; Ballot-vote: 7-0. Second reading, Public reading is scheduled for
September 27, 2016. Rafael E. Granado to notice. Lilia Cardillo to place on the
Commission Agenda, if received. Eric Carpenter to handle.
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Eric Carpenter, Assistant City Manager and Public W orks Director, introduced the
item. This is a change to the City’s entire water and sewer rate structure, in order to
incorporate a conservation rate model with a basic readiness to serve charge for
water and sewer customers. Miami-Dade County increased its sewer treatment cost
by 6%, which is a significant increase to the City of Miami Beach sewer rates. That
coupled with a debt service of about $2.5 million and DERM fees that cover costs of
services would have resulted in an approximate 16% increase in sewer costs. The
water rate has not increased, however, the recommended conservation rate model
should be looked at, which only charges individuals for their consumption of water and
sewer services, but includes a base readiness to serve charge, which is the
recommended model from the Florida Public Service Commission and the South
Florida Water Management District.
Discussion held.
Commissioner Rosen Gonzalez suggested that residents should receive notification
regarding increases, and when the second reading of this item will be.
Mr. Carpenter stated that everyone in the City is receiving a bill notification on first and
second readings of the Ordinance.
Handouts or Reference Materials:
1. Ordinance distributed at the dais.
12:19:06 p.m.
R5 AC SCHEDULE A MODIFICATION TO STORMWATER UTILITY ORDINANCE:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 110 OF THE MIAMI BEACH CITY
CODE, ENTITLED "UTILITIES"; AMENDING ARTICLE III THEREOF, ENTITLED
"STORMWATER UTILITY," AMENDING SECTION 110-109 THEREOF ENTITLED
"STORMWATER UTILITY FEES," BY AMENDING APPENDIX A THERETO
ENTITLED "FEE SCHEDULE," TO INCREASE THE STORMWATER UTILITY
SERVICE CHARGE IMPOSED BY THE CITY AS OF OCTOBER 1, 2016;
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
First Reading Public Works
Mayor Philip Levine
ACTION: Title of the Ordinance read into the record. Ordinance approved on first
reading. Motion made by Commissioner Arriola; seconded by Commissioner Alemán;
Ballot-vote: 7-0. Second reading, Public reading is scheduled for September 27,
2016. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda,
if received. Eric Carpenter to handle.
Eric Carpenter, Assistant City Manager, Public Works Director, introduced the item.
This is the City’s Stormwater program to mitigate the effects of sea level rise in Miami
Beach. When the program is implemented, there will be three separate rate increases.
The program was executed in the Fall of 2014 with the anticipated increase to take
place in the Fall of 2016 and Fall of 2018. This Stormwater rate increase will be to
bond the second $100 million to move the program forward.
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Mitch Novick expressed his disapproval to this “whopping” rate increase.
Mayor Levine stated that no one wants to increase the rate, but unfortunately, sea
level rise cannot be ignored, and these increases pay for the City’s pumps.
R5 AD AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 102 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "TAXATION," BY AMENDING ARTICLE V, ENTITLED
"LOCAL BUSINESS TAX," BY AMENDING SECTION 102-377 THEREOF ENTITLED
"PENALTIES, ENFORCEMENT; COLLECTION OF DELINQUENT FEES AND
TAXES, AND CRIMINAL PENALTIES," BY ESTABLISHING A MODIFIED PENALTY
AND ENFORCEMENT PROVISION WHICH DELINEATES MONETARY FINES AND
CRIMINAL PENALTIES; BY CREATING SECTION 102-386 THEREOF TO BE
ENTITLED "PROPERTY OWNER'S RESPONSIBILITIES REGARDING LEGALLY
PERMISSIBLE TRANSIENT RENTAL AND OCCUPANCY (SHORT TERM) OF
RESIDENTIAL PROPERTY," BY PROHIBITING PROPERTY OWNERS FROM
ADVERTISING THE TRANSIENT RENTAL OR OCCUPANCY OF A RESIDENTIAL
PROPERTY WITHOUT THE SUBMISSION OF AN AFFIDAVIT TO THE CITY, BY
REQUIRING THE AFFIDAVIT TO CONFIRM THAT THE LAND DEVELOPMENT
REGULATIONS AUTHORIZE TRANSIENT RENTAL AND OCCUPANCY; AND
ENSURING THAT THE PROPERTY OWNER OBTAINS COMPLIANCE WITH
THOSE PROVISIONS SET FORTH WITHIN CHAPTER 102, THE AMERICAN
DISABILITIES ACT, THE FLORIDA FIRE PREVENTION CODE AND THE FLORIDA
BUILDING CODE; AND BY FURTHER REQUIRING WRITTEN AUTHORIZATION
FROM THE CONDOMINIUM ASSOCIATION FOR THE TRANSIENT RENTAL OR
OCCUPANCY OF THE RESIDENTIAL PROPERTY OR UNIT; AND REQUIRING
NOTIFICATION TO PROSPECTIVE GUESTS BY PROPERTY OWNERS THAT
OPERATE INDEPENDENTLY OF THE PRIMARY HOTEL OPERATOR; AND
ESTABLISHING A PENALTY PROVISION FOR VIOLATIONS OF THIS SECTION;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
First Reading Office of the City Attorney
First Reading July 13, 2016 - R5T
Commissioner Joy Malakoff and John Elizabeth Alemán
and Co-Sponsored by Vice-Mayor Michael Grieco
ACTION: Item deferred to the September 27, 2016 City Commission Meeting. Lilia
Cardillo to place on the Commission Agenda, if received.
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12:17:36 p.m.
SUPPLEMENTAL MATERIAL 2: MEMORANDUM & ORDINANCE
R5 AE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING PART I, SUBPART B, ARTICLE IX,
RELATED SPECIAL ACTS, OF THE MIAMI BEACH CITY CODE ENTITLED
“PENSION SYSTEM FOR DISABILITY AND RETIREMENT OF MEMBERS OF
POLICE AND FIRE DEPARTMENTS”; AMENDING THE PENSION SYSTEM TO
IMPLEMENT THE COLLECTIVE BARGAINING AGREEMENT WITH THE FIRE
FIGHTERS OF MIAMI BEACH, IAFF LOCAL 1510, FOR THE PERIOD OCTOBER 1,
2015 THROUGH SEPTEMBER 30, 2018, AND THE COLLECTIVE BARGAINING
AGREEMENT WITH THE POLICE OFFICERS OF MIAMI BEACH, FOP WILLIAM
NICHOLS LODGE NUMBER 8, FOR THE PERIOD OCTOBER 1, 2015 THROUGH
SEPTEMBER 30, 2018; AMENDING SECTION 62, ENTITLED “DEFINITIONS”;
AMENDING SECTION 65, ENTITLED “COMPUTATION OF CREDITABLE SERVICE;
SERVICE RECORD”; AMENDING SECTION 66, ENTITLED SERVICE AND
DISABILITY BENEFITS GENERALLY; AMENDING SECTION 79, ENTITLED
“DEFERRED RETIREMENT OPTION PLAN”; AMENDING SECTION 82, ENTITLED
“MILITARY SERVICE”; AMENDING SECTION 87, ENTITLED “BENEFITS FOR
MEMBERS HIRED ON OR AFTER JULY 14, 2010”; AMENDING SECTION 88,
ENTITLED BENEFITS FOR MEMBERS HIRED ON OR AFTER SEPTEMBER 30,
2013; CREATING A NEW SECTION 89, ENTITLED “BENEFITS FOR MEMBERS
HIRED ON OR AFTER [DATE OF RATIFICATION OF COLLECTIVE BARGAINING
AGREEMENT]”; PROVIDING FOR SEVERABILITY; REPEALING ALL
ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING AN EFFECTIVE
DATE.
First Reading Human Resources
Commissioner Joy Malakoff
ACTION: Title of the Ordinance read into the record. Ordinance approved on first
reading. Motion made by Commissioner Alemán; seconded by Commissioner Arriola;
Ballot-vote: 5-0; Absent: Mayor Levine and Commissioner Malakoff. Second reading,
Public reading is scheduled for September 27, 2016. Rafael E. Granado to notice.
Lilia Cardillo to place on the Commission Agenda, if received. Michael Smith to
handle.
Michael Smith, Human Resources Director, stated that this is a change to the Police
and Fire pension plan to implement changes that were agreed to in regards to the
collective bargaining agreement with the IAFF and the Fraternal Order of Police
(FOP). There are several components, including regulating the use of overtime, off-
duty, accrued leave, and pay. The retirement option plan to limit the COLAs they can
earn in years four, five and six; gives the members the option to extend their DROP
from five to eight years; change the normal retirement age from 50 to 52, and provides
for no COLAs and allows for the purchasing of military time and calculating their
pension, benefits.
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R5 AF AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED
EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
IN ACCORDANCE WITH THE NEGOTIATED COLLECTIVE BARGAINING
AGREEMENT, PROVIDING FOR QUALIFYING INCUMBENTS IN THE
CLASSIFICATIONS IN GROUP V, REPRESENTED BY THE GOVERNMENT
SUPERVISORS ASSOCIATION OF FLORIDA (GSAF), OPEIU, LOCAL 100, AS
FOLLOWS: EFFECTIVE THE FIRST PAY PERIOD ENDING IN APRIL OF 2016,
THERE SHALL BE AN ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT
(COLA) OF ONE PERCENT (1%), AND THE MINIMUM AND MAXIMUM OF EACH
SALARY RANGE WILL ALSO BE INCREASED BY ONE PERCENT (1%);
EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2017, THERE SHALL
BE AN ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE
PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH SALARY RANGE
WILL ALSO BE INCREASED BY THREE PERCENT (3%); EFFECTIVE THE FIRST
PAY PERIOD ENDING IN JULY OF 2018, THERE SHALL BE AN ACROSS-THE-
BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND
THE MINIMUM AND MAXIMUM OF EACH SALARY RANGE WILL ALSO BE
INCREASED BY THREE PERCENT (3%); PROVIDING FOR REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
First Reading Human Resources
Mayor Philip Levine
ACTION: Item deferred to the September 27, 2016 City Commission Meeting. Lilia
Cardillo to place on the Commission Agenda, if received.
2:08:53 p.m.
2:12:29 p.m.
R5 AG AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1605, THE
UNCLASSIFIED EMPLOYEES SALARY ORDINANCE; PROVIDING FOR COST-
OF-LIVING ADJUSTMENTS (COLA) FOR ALL UNCLASSIFIED EMPLOYEES;
REVISING THE SALARY RANGE FOR THE CITY MANAGER AND THE CITY
ATTORNEY TO REFLECT THE COST-OF-LIVING ADJUSTMENTS; EFFECTIVE
THE FIRST PAY PERIOD ENDING IN APRIL OF 2016, THERE SHALL BE AN
ACROSS-THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF ONE
PERCENT (1%), AND THE MINIMUM AND MAXIMUM OF EACH SALARY RANGE
WILL ALSO BE INCREASED BY ONE PERCENT (1%); EFFECTIVE THE FIRST
PAY PERIOD ENDING IN JULY OF 2017, THERE SHALL BE AN ACROSS-THE-
BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%),
AND THE MINIMUM AND MAXIMUM OF EACH SALARY RANGE WILL ALSO BE
INCREASED BY THREE PERCENT (3%); EFFECTIVE THE FIRST PAY PERIOD
ENDING IN JULY OF 2018, THERE SHALL BE AN ACROSS-THE-BOARD COST-
OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE
MINIMUM AND MAXIMUM OF EACH SALARY RANGE WILL ALSO BE
INCREASED BY THREE PERCENT (3%); PROVIDING FOR REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
First Reading Human Resources
Mayor Philip Levine
ACTION: Title of the Ordinance read into the record. Ordinance approved on first
reading. Motion made by Commissioner Alemán; seconded by Commissioner Arriola;
Ballot-vote: 6-0; Absent: Commissioner Malakoff. Second reading, Public reading is
scheduled for September 27, 2016. Rafael E. Granado to notice. Lilia Cardillo to
place on the Commission Agenda, if received. Michael Smith to handle.
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Michael Smith, Human Resources Director, stated that this item implements the
collective bargaining agreement that was approved in June and amended salary
schedule to incorporate the changes in collective bargaining.
Discussion held.
Commissioner Rosen Gonzalez asked for resort tax receipts to see what the decrease
was in August and asked if they will be able to fund this. Are they being fiscally
responsible? She requested the August numbers.
Commissioner Rosen Gonzalez stated that she is all in favor of raises to employees,
as she is a union member herself. However, she has been asking for resort tax
receipts so she could see the decrease in resort tax in August due to Zika. She wants
to make sure that they are fiscally responsible first.
Discussion continued.
Mayor Levine stated that what Commissioner Rosen Gonzalez stated is pertinent, and
he has been hearing about it in the media. The City can expect a hit in resort taxes,
and he will be very surprised if it has not. This impact needs to be studied. Zika has
generated tremendous negative media for Miami Beach around the world.
2:16:41 p.m.
R5 AH AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED
EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AS FOLLOWS: PROVIDING FOR COST-OF-LIVING ADJUSTMENTS FOR THE
CLASSIFICATIONS IN GROUP VI, BEING ALL OTHER CLASSIFICATIONS IN THE
CLASSIFIED SERVICE NOT COVERED BY A BARGAINING UNIT; EFFECTIVE THE
FIRST PAY PERIOD ENDING IN APRIL OF 2016, THERE SHALL BE AN ACROSS-
THE-BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF ONE PERCENT (1%),
AND THE MINIMUM AND MAXIMUM OF EACH SALARY RANGE WILL ALSO BE
INCREASED BY ONE PERCENT (1%); EFFECTIVE THE FIRST PAY PERIOD
ENDING IN JULY OF 2017, THERE SHALL BE AN ACROSS-THE-BOARD COST-
OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE MINIMUM
AND MAXIMUM OF EACH SALARY RANGE WILL ALSO BE INCREASED BY
THREE PERCENT (3%); EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY
OF 2018, THERE SHALL BE AN ACROSS-THE-BOARD COST-OF-LIVING
ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE MINIMUM AND
MAXIMUM OF EACH SALARY RANGE WILL ALSO BE INCREASED BY THREE
PERCENT (3%); PROVIDING FOR REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
First Reading Human Resources
Mayor Philip Levine
ACTION: Title of the Ordinance read into the record. Ordinance approved on first
reading. Motion made by Commissioner Alemán; seconded by Commissioner Rosen
Gonzalez; Ballot-vote: 6-0; Absent: Commissioner Malakoff. Second reading, Public
reading is scheduled for September 27, 2016. Rafael E. Granado to notice. Lilia
Cardillo to place on the Commission Agenda, if received. Michael Smith to handle.
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Michael Smith, Human Resources Director, stated that this is a similar Ordinance to
R5 AG, as it amends the classification plan to implement salaries, and have the same
COLA as other bargaining units and the same timetable.
11:59:54 p.m.
R5 AI AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE MIAMI BEACH CITY
CODE, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE II, ENTITLED "CARE
AND MAINTENANCE OF TREES AND PLANTS," BY AMENDING DIVISION 2,
ENTITLED "TREE PRESERVATION AND PROTECTION"; BY AMENDING THE
DEFINITIONS IN SECTION 46-56, BY AMENDING THE PROVISIONS IN SECTION
46-58 REGARDING TREE REMOVAL REQUIREMENTS, BY AMENDING THE
PROVISIONS IN SECTION 46-59 TO PROVIDE AN APPEAL PROCEDURE FOR
TREE WORK PERMIT DENIALS, BY AMENDING PROVISIONS IN SECTION 46-61
REGARDING THE REPLACEMENT OF REMOVED PROHIBITED SPECIES AND
THE CITY'S TREE PRESERVATION TRUST FUND, BY AMENDING TREE
PROTECTION SPECIFICATIONS, TREE PRUNING REGULATIONS, AND THE
EXCEPTIONS IN SECTION 46-62, BY AMENDING REGULATIONS REGARDING
HERITAGE TREES IN SECTION 46-63, BY AMENDING PROVISIONS REGARDING
ENFORCEMENT AND PENALTIES IN SECTION 46-67, AND BY REPLACING ALL
REFERENCES TO THE PUBLIC WORKS DEPARTMENT, OR DIRECTOR,
THROUGHOUT DIVISION 2 WITH ENVIRONMENT AND SUSTAINABILITY
DEPARTMENT, OR DIRECTOR, OR HIS OR HER DESIGNEE, THE URBAN
FORESTER, AS MORE SPECIFICALLY SET FORTH THEREIN; PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
First Reading Environment and Sustainability
Commissioners Joy Malakoff and John Elizabeth Alemán
ACTION: Title of the Ordinance read into the record. Ordinance approved on first
reading as amended. Motion made by Commissioner Malakoff; seconded by
Commissioner Alemán; Ballot-vote: 6-0; Absent: Vice-Mayor Grieco. Second reading,
Public reading is scheduled for October 19, 2016. Rafael E. Granado to notice. Lilia
Cardillo to place on the Commission Agenda, if received. Elizabeth Wheaton to
handle.
AMENDMENT
The City, not the homeowner, will obtain the variance from the County to designate a
heritage tree.
Elizabeth Wheaton, Environment and Sustainability Director, introduced the item. This
addresses the changes to the Tree Preservation Code. The City took over the tree
permitting program from Miami-Dade County in July. Since then, there have been
some issues with the Code that needed to be cleared, as well as addressing some
enhancements. The first thing was to look at the replacement canopy requirements for
ficus species. There are three ficus species that are currently non-native exotics, and
would be exempt from the permitting process. This change would require residents to
get a permit for removals from their property. Second, to establish an appeals process
with the Environment and Sustainability Department. Third, additional increase to
costs to the tree preservation trust fund for the removal of species. This calls for the
$40 for 100 square feet of non-specimen trees to be increased to $237 for 100 square
feet of non-specimen trees. For specimen species, the current Ordinance allows $80
for 100 square feet; this would be increased to $350 per square foot. The reason the
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specimen is so much higher is because these trees are so important and contribute to
the urban canopy, and the City would like to see these species saved. Fourth, to
provide better definition concerning the attachments to trees, and not allow
construction to attach signs to trees that can damage them, or slack lines. Fifth,
require any trimming done within the City to be performed by certified arborists and
done to correct standards. The penalties for not complying with the Ordinance will be
per tree rather than per violation. For example, if someone removes ten trees he/she
will currently be fined $1,000 for the violation, this Ordinance would increase the fine
to $1,000 for each tree removed without a permit.
Commissioner Malakoff sated that this item came about some time ago, when the City
found so many Single Family Homes being demolished that had beautiful and often
specimen trees being removed without proper permits. This Ordinance will stop all of
that. It is very important to control arbors in the City so the trees can grow, and the
City gets a better canopy. It is good for the environment, pollution control, and
beautification.
Commissioner Alemán offered an amendment to the item. The designation of any
prohibited species as a heritage tree requires the issuance of a variance from the
Miami-Dade County Code, and obtained prior to the Environmental and Sustainability
Department designation. She would like for the Ordinance to state specifically that the
City of Miami Beach will obtain the variance from the County. She believes the City,
rather than the homeowner, has the expertise to do that expeditiously.
R5 AJ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 1335, THE CLASSIFIED
EMPLOYEES' LEAVE ORDINANCE, BY AMENDING THE PROVISIONS IN
SECTION 12, ENTITLED "OTHER LEAVES WITH COMPENSATION" TO PROVIDE
FOR PAID PARENTAL LEAVE; AND, BY AMENDING THE PROVISIONS IN
SECTION 16, ENTITLED "COLLECTIVE BARGAINING CONTINGENCY," TO
PROVIDE PAID PARENTAL LEAVE BENEFITS SUBJECT TO COLLECTIVE
BARGAINING AND UNION APPROVAL FOR EMPLOYEES IN CLASSIFICATIONS
GOVERNED BY UNION CONTRACTS; PROVIDING FOR REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
First Reading
Human Resources
Commissioner Kristen Rosen Gonzalez
ACTION: Item deferred to the September 27, 2016 City Commission Meeting. Lilia
Cardillo to place on the Commission Agenda, if received.
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R5 AK AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH HUMAN RIGHTS
ORDINANCE (ORDINANCE NO. 2010-3669), BY AMENDING CHAPTER 62,
ENTITLED "HUMAN RELATIONS," BY AMENDING ARTICLE II, ENTITLED
"DISCRIMINATION," BY AMENDING DIVISIONS 1-4, ENTITLED "GENERALLY,"
"ADMINISTRATION," "REGULATIONS," AND "EXCEPTIONS," BY AMENDING
SECTIONS 62-31, ENTITLED "DEFINITIONS;" 62-33, ENTITLED "PURPOSE;
DECLARATION OF POLICY;" 62-37, ENTITLED "DUTIES AND POWERS;" 62-59,
ENTITLED "INFORMATION ON COMPLAINT;" 62-86, ENTITLED "DISCRIMINATION
IN EMPLOYMENT;" 62-87, ENTITLED "DISCRIMINATION IN PUBLIC
ACCOMMODATIONS;" 62-88, ENTITLED "DISCRIMINATION IN HOUSING;" 62-
88.1, ENTITLED "DISCRIMINATION IN PUBLIC SERVICES;" 62-90, ENTITLED
"MUNICIPAL FACILITIES;" 62-91, ENTITLED "MUNICIPAL FUNDS;" 62-111,
ENTITLED "EMPLOYMENT;" AND 62-112, ENTITLED "HOUSING;" TO AMEND THE
PROTECTED CLASSES WITHIN THE ORDINANCE TO INCLUDE THE
FOLLOWING CATEGORIES: ANCESTRY, HEIGHT, WEIGHT, DOMESTIC
PARTNER STATUS, LABOR ORGANIZATION MEMBERSHIP, FAMILIAL
SITUATION, AND POLITICAL AFFILIATION; AND BY AMENDING THOSE SAME
SECTIONS TO PROVIDE THAT THE HUMAN RIGHTS ORDINANCE SHALL APPLY
TO ACTUAL AND PERCEIVED MEMBERSHIP IN A PROTECTED CLASS; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
3:10 p.m. Second Reading Public Hearing Office of the City Attorney
First Reading July 13, 2016 - R5R Commissioner John Elizabeth Alemán
ACTION: Item deferred to the September 27, 2016 City Commission Meeting. Lilia
Cardillo to place on the Commission Agenda, if received.
Handouts or Reference Materials:
1. Ad in The Miami Herald No. 1193B
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R7 - Resolutions
5:02:41 p.m.
R7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, ON SECOND AND FINAL READING OF
THIS RESOLUTION AND FOLLOWING A DULY NOTICED PUBLIC HEARING,
PURSUANT TO SECTION 82-37(A), OF THE CITY CODE, THE VACATION OF
ATLANTIC WAY BETWEEN 76TH STREET AND 77TH STREET, CONSISTING OF
A 30-FOOT WIDE RIGHT-OF-WAY, CONTAINING APPROXIMATELY 9,000
SQUARE FEET IN TOTAL AREA, ATTACHED HERETO AS EXHIBIT "A," AS
SHOWN ON THE CORRECTED PLAT "ALTOS DEL MAR NO. 1," RECORDED IN
PLAT BOOK 31 AT PAGE 40, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, AND LYING IN A PORTION OF GOVERNMENT LOT 2, SECTION 2,
TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI BEACH, IN FAVOR OF
THE CITY OF MIAMI BEACH AND THE OWNERS OF 7605 COLLINS AVENUE;
AND CONDITIONING THE VACATION ON THE OWNERS OF 7605 COLLINS
AVENUE'S EXECUTION OF A COVENANT RUNNING WITH THE LAND THAT THE
VACATED PROPERTY IDENTIFIED IN EXHIBIT "A" NOT BE CONSTRUCTED
WITH HABITABLE SPACE DUE TO THE EXISTING NON-EXCLUSIVE PERPETUAL
EASEMENT ALONG THE LENGTH OF THE VACATED AREA.
3:20 p.m. Public Hearing Capital Improvement Projects
ACTION: Item opened and continued to the October 19, 2016 Commission Meeting
by acclamation. Lilia Cardillo to place on the Commission Agenda. David Martinez to
handle.
Handouts or Reference Materials:
1. Ad in The Miami Herald No. 1193B
5:00:08 p.m.
R7 B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, BY 5/7TH VOTE, FOLLOWING A DULY
NOTICED PUBLIC HEARING, THE NAMING OF THE ACCESSIBLE PLAYGROUND
WITHIN ALLISON PARK FOR MS. SABRINA COHEN.
3:25 p.m. Public Hearing Parks and Recreation
ACTION: Resolution 2016-29563 adopted. Public Hearing held. Motion made by
Commissioner Steinberg; seconded by Commissioner Aleman; Voice vote: 5-0;
Absent: Mayor Levine and Commissioner Malakoff. John Rebar to handle.
John Rebar, Parks and Recreation Department Director, introduced the item. This
naming has been in conversation for some time. As the City has been planning its
first accessible playground at Allison Park, the Parks and Recreation Department, the
Disability Access Committee as well as other Committees have recognized Ms.
Sabrina Cohen’s efforts to bring accessibility to the forefront in the City of Miami
Beach. The recommendation at the Neighborhood/Community Affairs Committee was
to name the playground section of Allison Park as “Sabrina’s Playground,” after Ms.
Cohen, in recognition of the programming that Ms. Cohen is doing at Allison Park.
Ms. Sabrina Cohen thanked the Commissioners and the City Manager for their
ongoing support. It has taken some interesting twists and turns, but she can state that
the beach adaptive program is very successful, with the numbers of attendees and
families visiting growing. The beach adaptive program has been extremely
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successful, and she can only assume the same for the adaptive playground. She
again thanked everyone.
Commissioner Arriola thanked Ms. Cohen for the inspiring work that she is doing.
Commissioner Arriola has been to the adaptive beach a few times with Ms. Cohen,
and is inspired by her.
Commissioner Steinberg stated that she was proud to move the item.
Vice-Mayor Grieco commented that this was a great item.
Commissioner Alemán seconded the motion.
Vice-Mayor Grieco and Commissioner Arriola congratulated Ms. Cohen.
Handouts or Reference Materials:
1. Ad in The Miami Herald No. 1193B
5:57:22 p.m.
R7 C A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING: 1) THE TENTATIVE AD VALOREM
MILLAGE OF 5.7092 MILLS FOR GENERAL OPERATING PURPOSES, WHICH IS
TEN AND ONE TENTH PERCENT (10.1%) MORE THAN THE "ROLLED-BACK"
RATE OF 5.1866 MILLS; AND 2) THE DEBT SERVICE MILLAGE RATE OF 0.1796
MILLS; FURTHER SETTING THE SECOND PUBLIC HEARING TO CONSIDER THE
MILLAGE RATE FOR FISCAL YEAR (FY) 2016/17, ON TUESDAY, SEPTEMBER 27,
2016 AT 5:01 P.M.
5:01 p.m. First Reading Public Hearing Budget & Performance Improvement
ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution
No. 2016-29564 adopted. Motion made by Commissioner Arriola; seconded by
Commissioner Alemán. Voice Vote: 5-0; Absent: Mayor Levine and Commissioner
Malakoff. Second Reading and Public Hearing scheduled for September 27, 2016 at
5:01 p.m. Cintya G. Ramos to handle.
Vice-Mayor Grieco passed the gavel to the Chair of the Finance & Citywide Projects
Committee, Commissioner Arriola.
Cintya G. Ramos, Budget & Performance Improvement Director, introduced the item.
This item is to adopt the millage rate for the upcoming fiscal year. She summarized
the decisions that have been made through the three budget process meetings that
were held. The July 1, 2016 Certified Property Tax Values were $34.7 billion, which
includes $1.2 billion of new construction for the City, which is a 13% increase over
last year’s property values. This will generate $160.8 million of property tax revenues
for the General Fund. The 5.8888 millage recommendation is the lowest that we know
of for the City of Miami Beach.
Commissioner Arriola thanked Budget & Performance Improvement Director Ramos
for the highlight. Commissioner Arriola stated that property values went up 13%, and
the City’s millage has gone down to the lowest number in the past 54 years.
Commissioner Arriola stated that we live in a privileged City.
Vice-Mayor Grieco stated that we as a City have been blessed and lucky to be able to
reduce the millage rate as much as we have over the past few years, a great deal
was aspirational based on the increases that the City had to make in the years prior.
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Vice-Mayor Grieco inquired as to the School Board, State and County’s millage
numbers. Are said numbers increasing, decreasing or remaining stagnant? Vice-
Mayor Grieco has received messages from residents stating that their taxes are going
up, but the one thing he knows is that the City of Miami Beach keeps lowering its
taxes. However, the City Commission has no control as to what these other
government agencies are doing about taxes.
Commissioner Arriola commented that as a person’s property value increases, they
might see an increase in taxes.
Budget & Performance Improvement Director Ramos directed the City Commission
to page 88 of the Budget Operating Book and Page 7 of the memorandum for this
item, which lists the breakdown for the County, School Board and other taxing
entities. It looks like the County millage rate is 1.0351 mills less than in FY 06/07; the
County reduced its millage only by the debt service. The School Board millage rate
decreased by .29 mills. Therefore, the overall millage rate for the County and the City
of Miami Beach all together is 3.904 mills lower than last year.
Vice-Mayor Grieco stated that especially for people who have properties that are not
homesteaded; the percentage increase is based on what their property values have
gone up; as a result, these people will be paying more taxes. However, the City
Commission is doing everything it can to decrease the millage rate every year, and it
is a testament to the work performed by the Finance & Citywide Projects Committee.
We have been doing a great job via the leadership of the Mayor and Commissioners
Arriola, Alemán and Malakoff in order to be conservative with taxpayer dollars; we are
blessed.
City Manager Jimmy Morales stated that people sometimes think when they look at
their tax bill that all goes to the City of Miami Beach; in fact, the City’s millage rate is
5.8 mills, the millage rate people pay for the School Board is 7.2 mills. Actually, the
single largest component of taxes in Miami Beach goes to the School Board, and the
County rate is 5.3 mills, so the County almost collects as much as the City. All the
services the City offers, it actually offers them for a rate that is less than half of what is
paid to the County and School Board combined.
Ray Breslin, Collins Park Neighborhood Association President, spoke in support of
the Bass Museum and the funding of an additional $560,000 that Museum is asking
for programming that benefits all.
Commissioner Rosen Gonzalez asked Budget & Performance Improvement Director
Ramos what the process is to shave money from the proposed budget to find money
for the cafeteria at Stella Maris House (Item R9 L) and the Bass Museum, as she
does not sit on the Finance & Citywide Projects Committee.
Discussion was held as to how the Finance & Citywide Projects Committee built the
proposed budget that is being presented as item R7 D. Commissioner Arriola
recapped that the Finance & Citywide Projects Committee went line by line in the
budget and priorities were identified. At this late stage in order to find money for the
Bass Museum, which is a priority, will require the shifting of money from items that
were identified as priorities during the budget process.
Commissioner Alemán stated that in order to find the additional funds for the Bass
Museum, they would have to identify enhancements and walk away from
enhancements that have already been agreed upon.
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Commissioner Steinberg stated that Commissioner Rosen Gonzalez’s inquiries
pertain to the Budget Item, which is R7 C, and we are presently discussing R7 B.
Budget & Performance Improvement Director Ramos asked to conclude item R7B
prior to discussing R7 C.
Commissioner Rosen Gonzalez is worried that we are having unsustainable growth,
the increased valuation of 13% is not going to be maintained, and the fact that the
City does not have the money to fund certain things worries her a great deal. The City
is spending too much overall. This year, and she has not had a chance to review the
resort tax numbers for August, we know that we are going to be taking a hit due to
Zika, and the situation may be dire. Given the fact that the City’s budget has
increased 33% percent, or $80 million, over the past 6 years, this is a great deal of
money and it is unsustainable growth. The City just signed all these Union contracts,
which are in effect for the next 3 years, and these are item that the Commission has
to fund in order to pay the employees, additionally there are shortfalls as items that
should be funded were not. Although she is happy that the Commission was able to
lower the millage rate this year, she knows that moving forward the City Commission
has to be very careful about what it is funding and not funding. If the City Commission
is already giving the Bass Museum one million dollars, the members of the Finance &
Citywide Projects Committee would know better than she does were to pull from to
fund the request of the Bass Museum for the additional funding. She is concerned
that $40 million is going toward the train, which drives her crazy, as many residents
do not want the train; she would rather use the funds earmarked to pay the train to
build a parking lot for Biscayne Beach residents (See item R9 S). Although she
recognizes the great job that was done by the members of the Finance & Citywide
Projects Committee in formulating this budget, she knows that there will be a problem
moving forward so the Commission should try to prepare for it. Commissioner Rosen
Gonzalez also added that she would like to see funding for the Cafeteria at Stella
Maris House (Item R9 L), which is only $40,000; she would rather feed the seniors
that sponsor the Miami Beach Bowl (See item R9 M).
City Manager Morales stated that the challenge is the recurring nature of the funds,
for example if the Commission decides that they want to fund a one-time expense to
accomplish 10 months of the senior meals that is much easier to absorb than a
recurring expenses that will be there every year. For purposes of the millage rate, the
City Manager is comfortable with this rate, as resort tax is not part of the millage rate.
The City Manager also reminded the Commission that some of the things that they
are funding in this budget, if adopted, are additional funding for our pension reserves
and health reserves. In item R7 D, he does have some thoughts for the Bass Museum
that we can talk about, but he suggested adopting the millage rate first then
discussing the budget.
Motion to approve the item made by Commissioner Arriola; seconded by
Commissioner Alemán. Voice Vote: 5-0; Absent: Mayor Levine and Commissioner
Malakoff. Second Reading and Public Hearing scheduled for September 27, 2016 at
5:01 p.m.
Handouts or Reference Materials:
1. Ad in The Miami Herald No. 1206
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6:12:04 p.m.
R7 D A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING TENTATIVE BUDGETS FOR THE
GENERAL, G.O. DEBT SERVICE, RDA AD VALOREM TAXES, ENTERPRISE,
INTERNAL SERVICE, AND SPECIAL REVENUE FUNDS FOR FISCAL YEAR
2016/17 SUBJECT TO A SECOND PUBLIC HEARING SCHEDULED ON TUESDAY,
SEPTEMBER 27, 2016 AT 5:01 P.M.
5:01 p.m. First Reading Public Hearing
Budget & Performance Improvement
ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution
No. 2016-29565 adopted. Motion made by Commissioner Grieco; seconded by
Commissioner Alemán to approve the budget; Voice-vote: 5-0; Absent: Mayor Levine
and Commissioner Malakoff. Second Reading and Public Hearing scheduled for
September 27, 2016 at 5:01 p.m. Cintya G. Ramos to handle.
Stella Maris Senior Meals:
By acclamation, it was agreed to fund the Senior Meals at Stella Maris through the
end of September from the contingency funds for FY 15/16. Cintya G. Ramos to
allocate funds; Maria Ruiz to handle.
The Bass Museum:
• Ask the VCA to provide $150,000 for the Beach Bowl, which would free up that
money to the Bass Museum; and
• Ask the Cultural Arts Council (CAC) to provide $250,000 to the Bass Museum.
Max Sklar to handle.
Commissioner Arriola asked Budget & Performance Improvement Director Ramos to
explain how the budget was built, for example the Administration looks at the
recurring expenses from year to year, and the increase or decrease in the revenue
side, and they Finance & Citywide Projects Committee starts going through things
that the City has to fund, and then the list of priorities are reviewed.
Cintya G. Ramos, Budget & Performance Improvement Director, introduced the item.
The first step of the development of the budget process is to look at the current
service level (CSL) and see where we fall in the coming fiscal year. Starting with the
Commission Retreat in May, the Commission started to go through and ranking the
City’s priorities; shortly after that, the City received the Certified Property Tax Value,
which informs what the revenues will be for the City. Thereafter the Budget &
Performance Improvement Department came up with a projection for General Fund
property tax revenues, the Budget & Performance Improvement Department then
looks at all other non-property tax revenues, looks at what the performance has been
over the past fiscal year, and makes projections for the next fiscal year. The
Administration has been very conservative with its revenue projections and non-
property tax revenues because of the current economic climate. After the Budget &
Performance Improvement Department has gone through that process, they then go
through evaluating the departments, and inquiring if there are any efficiencies that the
Departments could provide, which $1.1 million of efficiencies were identified in this
Fiscal Year. After that is done, a list of enhancement request are compiled, which are
then reviewed by the Finance & Citywide Projects Committee. Budget & Performance
Improvement Director Ramos provided samples of enhancements that were approved
by the Finance & Citywide Projects Committee: 1) $3 million set aside to offset an
estimated $6 million pension mortality payment that will hit the City next year.
Commissioner Arriola stated that the City has about a $300 million budget; the
revenue side comes largely from property taxes and resort taxes, and that adds to
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about a $300 million revue. Of that, much is absorbed from recurring payroll and the
obligation to Police, Fire, Sanitation and City staff; therefore the City Commission has
very little in discretionary spending every single year, and when the Finance &
Citywide Projects Committee looked at it this year, a great deal was absorbed by
commitments the City had to make to pension and things like that. Although $300
million dollars sounds like a large amount of money, the money the City Commission
has for discretionary spending is actually very small.
Budget & Performance Improvement Director Ramos clarified that they are referring
to the General Fund. The General Fund is a very tight budget. General Fund budgets
are dollars that can be used for any expenses in the City, and are not earmarked for
anything in specific.
Commissioner Rosen Gonzalez inquired if $40 million was allocated to the train.
Budget & Performance Improvement Director Ramos explained that said funding is in
the Capital Budget, not the General Fund.
City Manager Morales stated that the service enhancements were listed on page
1206 (Volume III of the Original Agenda) that are included in the budget. The City
Manager highlighted some of the enhancements, for example $1.3 to fund new Fire
Response Unit in the North Beach area, when the audit was done of the Fire
Department one of the areas that was found to be an additional need was a service
response unit in the North End, that unit will also do double duty and run the Fire
Boat. Additionally, there are dollars that are going toward the enhancement of the
nurse initiative, as well as additional bathroom services at the beaches; $212,000 for
three Police Officers to cover the 41 st Street Corridor and the Boardwalk; the VPK and
Dual Enrollment expansion; expanded Code Compliance by 3 positions at $250,000
for short term rental investigation, and those are hopefully dollars that will generate
dollars as it will help our resort taxes and the significant new fines; $1,000,000 for 12
new Police Officers for a new Entertainment District Unit; $500,000 for expansion of
the Park Ranger program to cover Lummus Park; and other significant enhancements
that are built into the budget that are responsive to what the Community wants. The
City has more demands than dollars and it is a question of prioritizing. For example,
we added dollars to Public Works to do right-of-way trimming and landscaping. Those
were set out at page 1206 through 1208, as new enhancements to this budget. Not to
mention earlier in the memo through the course of last budget year, the Commission
added some things as request came up for issues in the City, and those items then
are built in to the budget as well – such as the expansion of the traffic unit, and those
become part of the Continuing Service Level Budget (CSL). The interesting thing is
that basically we have expanded the budget, we are into areas that we never used to
do, for example we never had transportation or trolleys, we did not have a
Transportation Department, we did not have a Resiliency Department, we did not
have waste water programs that required additional staffing, and yet our headcount is
only slightly more than it was 10 years ago in the City. We are doing more and it is a
challenge.
Commissioner Rosen Gonzalez stated that if we cancel the Air & Sea Show, that
frees up $650,000 from resort tax that could be potentially allocated to the Bass
Museum. If that goes through, which today, the Commission decided to discuss the
process, that would be one way to fund it.
City Manager Morales stated that it is a question of choices, if it turns out that we get
the numbers down on the cost of the Air & Sea Show, that number would come down
because that $650,000 was based on the percentage of $1.5 million that the City
thought it would be on the hook for, if we cut that number in half, the $650,000 would
also be cut in half and the money gets freed up. The City Manager explained that said
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money is one-time dollars from resort taxes surplus in the current budget year. Again,
one of the things we have talked about with the Bass Museum is that there are
significant dollars sitting in Cultural Arts Council (CAC) Budget that have not been
spent for years. These are one-time dollars, and not recurring; but there is enough
money there were we could perhaps fund at a minimum half of the current year’s
request for the Bass Museum, and we could revisit it next year.
Budget & Performance Improvement Director Ramos explained that they have
evaluated the budget for the Cultural Arts Council and there is $1.6 million in an
endowment fund that has been not used for years, and what can be done is meet half
the request from the Bass Museum this year out of those funds. Considering the
economic climate, we can reevaluate it again next year to see if we can continue to
tap into that fund.
Commissioner Arriola stated that many Commissioners gave up things that were
important to them to derive at the current budget, so he is reluctant to reopen the
discussion. This budget took a great deal of time to formulate, and it is a good budget
that prioritizes the right things. Everyone is getting something. Before we address the
Bass Museum, Commissioner Arriola asked if there are any other people in the
audience that wish to request funding.
Commissioner Rosen Gonzalez reminded her colleagues that the Cafeteria at Stella
Maris House needs funding.
Commissioner Alemán asked to turn to page 1243 and 1244, in order to remind
everyone how these budget sessions worked. If you look at the recommended
enhancement columns, were those are blank they were not funded. Everything blank
on the spreadsheet is competing with the Bass Museums request.
Commissioner Arriola stated that there are many things, such as playgrounds, that
the Commission wanted to do that were not funded.
Commissioner Rosen Gonzalez stated that what she was requesting was food for
senior citizens. Commissioner Rosen Gonzalez stated that she sees that the Finance
& Citywide Projects Commission funded the most important things, and she
congratulated them on reaching a budget that includes Park Rangers and added
Police Officers; it is a great budget.
Commissioner Alemán stated that one of the things that they did not fund was
activating Lummus Park, which we know was a key recommendation by the Ocean
Drive Task Force to address what happens at Lummus Park. There are important
things that did not receive funding.
Commissioner Rosen Gonzalez inquired if they are supposed to be trying to figure out
where to pull from.
Commissioner Steinberg stated that as far as the Cafeteria at the Stella Maris House,
we could do something temporary for the next two weeks until we figure out what the
right plan is and who should be funding what.
Budget & Performance Improvement Director Ramos asked for a better
understanding for the needs for the next two weeks, as it is in this Fiscal Year.
Commissioner Steinberg suggested funding the meals possible until October.
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Budget & Performance Improvement Director Ramos suggested tapping into the
contingency for the current FY 2015/16 Budget line item, as we are almost at the end
of the current fiscal year.
Vice-Mayor Grieco, in response to a question raised by Commissioner Arriola, stated
that the City Commission is authorized to tap into the reserves, but to be careful as to
using the contingency funds, as Commissioner Weithorn used to caution that the
contingency is the rainy day fund.
Commissioner Arriola stated that in this Zika environment, we might have to tap into
the rainy day fund.
Vice-Mayor Grieco stated that the contingency fund must stay in the seven figures.
Commissioner Steinberg stated that they should not touch the contingency, because
those are the City’s emergency funds.
Commissioner Alemán asked the City Manager that even with this budget that was
agreed upon and scrubbed by the Finance & Citywide Projects Committee, it
assumes 3% growth, which we are starting to be uncomfortable about based on the
results of talking to people in the hotel and restaurant industry what they are seeing
with tourism; we already lost one convention and she heard the Lowes lost 700
rooms. She is concerned that the City will not make that growth target, which we felt
very comfortable about reaching approximately a month ago. She thought the City
Manager and the Budget Director were going to go through the things that were
funded and identify a set of things that were more “a maybe” than “a yes,” and we
would revisit quarterly our performance on achieving the 3% goal so that the
Commission could decide whether or not to fund those “maybes.”
Budget & Performance Improvement Director Ramos explained that what
Commissioner Alemán was referring to was the Resort Tax dollars that we are
projecting to grow 3% over the current FY 16 performance.
Commissioner Rosen Gonzalez states that she believes resort tax dollars will be in
the negative, and will not reach 3%.
Commissioner Arriola stated that the August numbers were in the positive.
Commissioner Rosen Gonzalez asked Betty Ruano, operator from Little Havana
Nutrition and Activities Center Nutrition, how much money they need per month to
keep the senior center going. Ms. Ruano responded that it is approximately $1,200
per week, $5,000 per month, or $60,000 for a year.
Commissioner Steinberg would like to fund a portion, a couple of months at most, but
her concern is that when Little Havana Nutrition and Activities Center goes to the
State to obtain their funding, the State sees that the City if funding that bill, will the
State then not fund Little Havana Nutrition and Activities Center.
Commissioner Rosen Gonzalez stated that would not occur, as they would be
explaining to the legislators that the State funding is a priority. Commissioner Rosen
Gonzalez stated that the City of Miami is also providing funding. Everyone is very
upset, and it is a priority for the Miami-Dade State Delegation.
Commissioner Steinberg responded that she knows it is a priority for the Miami-Dade
Delegation, but she knows how Tallahassee operates at times. Commissioner
Steinberg wants to help, but she does not want to commit an entire year right now, as
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she thinks we can get creative and find other ways to help them for that time so that
they are not unfunded that year.
Commissioner Rosen Gonzalez requested funding until December and she will go the
County and beg. If funds are received through December, then it could be figured out.
Budget & Performance Improvement Director Ramos explained that the only way to
fund this until the end of the year would be to tap to the contingency line item that has
been set aside for FY 17, because that is when the expenditures will happen. If you
look at page 71 of the Operating Budget, there is a built-in contingency from which we
could take the $60,000 and still be in the six figures contingency.
Commissioner Rosen Gonzalez stated that $60,000 would fund an entire year, and
she is requesting only until December and then they will go to the County and see
what could be done.
City Manager Morales explained that funding through December is approximately
$15,000.
Discussion was held as to the importance of attending the Finance & Citywide
Projects Committee budget meetings, so this does not have to occur on the fly.
Commissioner Arriola stated that he does not want to set a precedent, as other senior
centers would make the same argument at some point in the future. He wants to be a
position to help, but the City Commission needs to be cautious as to what it is doing.
Commissioner Rosen Gonzalez assured her colleagues that the State Legislature
would restore the funding.
Betty Ruano spoke as to Little Havana Nutrition and Activities Center’s funding and its
allocation of funds in Miami Beach.
Commissioner Alemán stated that the Commission as the stewards of the tax dollars
must use good judgment, and sometimes that is difficult. Commissioner Alemán has
sat with Maria Ruiz and talked about Stella Maris several times; in fact, she was the
first to place this item on the agenda, and what she has learned is that this is not
matter of hunger; it is a matter of convenience. The individuals that are homebound at
Stella Maris are now having their meals delivered. The rest of the residents were
offered free transportation to and from a free meal, and they declined because it was
inconvenient. She wants to make sure everyone understands this. Secondly, these
are not the neediest seniors in our City. There are other seniors in more desperate
hunger type situations; so personally, while she would love to feed them that is not
what the City does. If the City were going to feed someone, Commissioner Alemán
would like to see that funding go to those seniors that are the neediest.
Vice-Mayor Grieco stated that the short-term stopgap solution is to cover the cost, as
we have a second budget hearing September 27, 2016. We can take the money from
this Fiscal Year’s contingency and cover the short-term costs from now through the
end of September. Between now and September 27, 2016 we could put our heads
together and figure something out. For purposes of today, as the Little Havana
Nutrition and Activities Center runs out of funding this Friday, September 16, 2016,
we can approve the number now, which will get Stella Maris funded through the end
of the month, and then on September 27, 2016, hopefully they will have a full
Commission, and they will figure it out by the second reading of the budget and come
up with solutions with a full Commission and see what the Commission wants to do
collectively.
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Commissioner Arriola stated that One Miami Beach has at least $10,000 that it could
potentially put towards this.
Commissioner Rosen Gonzalez stated that she does not want the City to get in the
business of feeding people, but when there is an emergency and for whatever reason
the Little Havana Nutrition and Activities Center became unfunded, that is different.
What the City originally proposed, which was for the seniors to travel to the JCS, was
not reasonable, it was taking several hours of transportation. She is asking this as a
one-time expense. She wants to fund it as an emergency until the State funds it, and
the State will fund it. She wants to find a solution. If the City could commit to a couple
of more months, in the interim she will speak to the County.
Commissioner Alemán stated that her point was that if as a Commission they decide
that a good use of tax payer dollars is to fund senior meals, then she would like the
Commission to evaluate and understand who are the most needy seniors, and feed
them first.
Betty Ruano spoke about Little Havana Nutrition and Activities Center’s funding of
Miami Beach seniors.
Commissioner Rosen Gonzalez recapped that we will have funding for a couple more
weeks, and then a more permanent solution will be reached at the September 27,
2016 Commission Meeting.
Action on Stella Maris Senior Meals
Rafael E. Granado, City Clerk, recapped that by acclamation it was agreed to use FY
15/16 contingency funds until the end of September 2016 to provide meals at the
Stella Maris House cafeteria.
Commissioner Rosen Gonzalez stated that it is about $2,600 to feed the 40 seniors
through September 30, 2016.
Betty Ruano stated that she would give Maria Ruiz the exact figures.
Commissioner Arriola explained that this is why development is so important to our
City, as it brings in a great deal of money to our City, which is put to good use.
Commissioner Arriola asked if the Faena project came on line on FY 15/16. City
Manager Morales responded that a portion had.
Daniel Ciraldo reminded the Commissioners that the City has 12 Local Historic
Districts were some of the most valuable real estate in the City is. Mr. Ciraldo hopes
that we can help the neediest people.
Commissioner Alemán asked if the Bass Museum request is the type where a
proportionally allocation is helpful or whether they need to have the entire $560,000.
George Lindemann, President of the Bass Museum, stated that part of what makes
Miami Beach great is the Bass Museum. Art Basel makes contemporary art in Miami
Beach a paradise. There are beautiful beaches in Boca Raton and Del Rey Beach,
but they do not have contemporary art and culture like Miami Beach does. Culture is
an engine that brings people here, and very wealthy people too, which brings in a
great deal of money to the City. It was not until last Monday morning that they found
out that they would not be funded by the City. In the last seven years, they have
tripled private funding. Many people have contributed seven figure donations.
Membership has increased greatly, and they offer a large number of services for
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children during the summer. Miami Beach cannot rely on the mainland for art. Art is
key to this City’s growth.
Commissioner Arriola stated that the funds the Bass Museum is asking for is not a
one-time ask. He requested more information on how the money will be used, and
how did the $560,000 figure come about.
Mr. Lindemann explained that they got the $560,000 figure in order to present
excellent programming with regularity. As with other programs within the City, he
hopes the 3% number is exceeded and further enhanced to 6%. The other $3 million
requested will be raised privately, but they hope to use the City’s funding as a rallying
cry for residents in and out of town that the City supports them, and they are on
budget.
Discussion held regarding having $560,000 being a recurring fund.
Mr. Lindemann stated that they need to hire a Chief Curator for the museum, and that
is an important expense.
Commissioner Rosen Gonzalez stated that everyone needs to be realistic about
funding, especially since Zika has hurt the City’s finances in such a way.
City Manager Morales explained that the City only budgets on a year-to-year basis.
This is done in case there is ever a problem, so the City is not stuck with a long-term
contract it no longer wants.
Commissioner Arriola stated that there are many one-time events taking place this
Fiscal Year and next, such as Ciclovía and the World Out Games, which means that
for next year’s budget, there will most likely be more funds available to provide to the
Bass Museum and other programs.
Discussion continued.
Commissioner Alemán suggested eliminating Ciclovía all together, which would free
up $120,000, and asked her colleagues whether they agreed with her.
Commissioner Arriola explained that the City has been reducing costs across the
board. Ciclovía is already down from its original cost, which was over $300,000.
Discussion continued.
Mr. Lindemann stated that it is not constructive to have the Bass Museum have to
return year after year to ask for funding. They are not a start-up; they are a 50-year-
old organization, and they are doing better than ever before, and much of it has to do
with the cooperation from the City. However, it does not look good for their image
when big donors ask why the City has not secured their funding.
Commissioner Arriola stated that a one-time $250,000 fund can be provided by the
Cultural Arts Council (CAC), and he asked whether everyone agreed to get the
money from there.
Max Sklar, Tourism, Culture, and Economic Development Director, stated that the
City has the discretion to use those funds, but the CAC has not discussed it, given
such short notice.
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Commissioner Steinberg asked her colleagues not to make a precedent out of this.
The funds can be provided in such a way this one time, but not again. She believes
the Bass Museum is a good investment, and a large number of people benefit from it,
but the City needs to find the best way to provide funds, without causing damage.
Discussion continued on this not being a recurring fund.
City Manager Morales suggested having the VCA provide the $150,000 funds for the
Beach Bowl, which would free up that money to the Bass Museum, but they will not
know the answer until September 27. Ciclovía is funded through the Transportation
Department, and so they may not use those funds.
Discussion continued on how to fund the Bass Museum.
Mr. Lindemann asked how the Bass Museum missed the funding this year, and what
can he do to avoid similar circumstances in the future.
City Manager Morales stated that the $560,000 being requested is on top of the $1.3
million the City spends every year on the Bass Museum. He stated that everyone is
making sacrifices, because there are many one-time expenses this year, not to
mention the changes to the Police and Fire Fighter pensions.
Discussion continued.
Commissioner Arriola stated that the Bass Museum would probably get $150,000 and
maybe $250,000 from the CAC.
Commissioner Steinberg addressed Mr. Lindemann’s question, and stated that he did
everything correctly, and there is nothing he could have done differently, there were
just more expenses that needed to be covered by the City this year.
City Manager Morales reassured the public that just because they are talking about
low revenues due to Zika, budget cuts, and trouble finding funds does not mean the
City is broke; in fact, the City has $47 million in a general fund, and $12 million in
reserve funds.
Handouts or Reference Materials:
1. Ad in The Miami Herald No. 1206
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7:12:11 p.m.
R7 E A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES
LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING
THE TENTATIVE AD VALOREM MILLAGE RATE OF 1.0093 MILLS FOR FISCAL
YEAR (FY) 2016/17 FOR THE NORMANDY SHORES LOCAL GOVERNMENT
DISTRICT, WHICH IS FOURTEEN AND FOUR TENTHS PERCENT (14.4%) MORE
THAN THE "ROLLED-BACK" RATE OF 0.8821 MILLS, SUBJECT TO A SECOND
PUBLIC HEARING SCHEDULED ON TUESDAY, SEPTEMBER 27, 2016 AT 5:02
P.M.
5:02 p.m. First Reading Public Hearing
Budget & Performance Improvement
Rafael E. Granado, City Clerk, announced that the Commission Meeting would recess
and reconvene as the Board of Directors of the Normandy Shores Local Government
Neighborhood Improvement District.
ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution
No. 2016-29566 adopted. Motion made by Commissioner Steinberg; seconded by
Commissioner Alemán. Voice vote: 5-0; Absent: Mayor Levine and Commissioner
Malakoff. Second Reading and Public Hearing scheduled for September 27, 2016 at
5:02 p.m. Cintya G. Ramos to handle.
No discussion.
Handouts or Reference Materials:
1. Ad in The Miami Herald No. 1206
7:12:40 p.m.
Announcement Regarding Unreached Items :
Vice-Mayor Grieco announced that his intention for the remainder of the evening is to take have
all discussion items not reached as of this time (R9 F, R9 G, R9 I, R9 J, R9 N, R9 O, R9 P, R9
U, R9 X, R9 Y, and R9 Z) and move them to the Commission Meeting of October 19, 2016; and
any of the Ordinances not yet reached (R5 V, R5 X, R5 AA, R5 AD, R5 AJ, and R5 AK), except
for R5 AE that needs to be addressed today, will be moved to the Commission Meeting of
September 27, 2016. Motion by Commissioner Rosen Gonzalez; seconded by Commissioner
Alemán; the Commission, by acclamation, agreed to this. Absent: Mayor Levine and
Commissioner Malakoff.
7:14:20 p.m.
R7 F A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES
LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING
THE TENTATIVE OPERATING BUDGET FOR FISCAL YEAR (FY) 2016/17
SUBJECT TO A SECOND PUBLIC HEARING SCHEDULED ON TUESDAY,
SEPTEMBER 27, 2016 AT 5:02 P.M.
5:02 p.m. First Reading Public Hearing
Budget & Performance Improvement
ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution
No. 2016-29567 adopted. Motion made by Commissioner Steinberg; seconded by
Commissioner Alemán. Voice vote: 5-0; Absent: Mayor Levine and Commissioner
Malakoff. Second Reading and Public Hearing scheduled for September 27, 2016 at
5:02 p.m. Cintya G. Ramos to handle.
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No discussion.
Rafael E. Granado, City Clerk, announced that the Board of Directors of the
Normandy Shores Local Government Neighborhood Improvement District has
adjourned and the City Commission will now reconvene.
Handouts or Reference Materials:
1. Ad in The Miami Herald No. 1206
7:14:57 p.m.
R7 G A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING THE TENTATIVE CAPITAL IMPROVEMENT
PLAN FOR FISCAL YEARS (FY) 2016/17-2020/21 AND ADOPTING THE CITY OF
MIAMI BEACH TENTATIVE CAPITAL BUDGET FOR (FY) 2016/17 SUBJECT TO A
SECOND PUBLIC HEARING SCHEDULED ON TUESDAY, SEPTEMBER 27, 2016
AT 5:03 P.M.
5:03 p.m. First Reading Public Hearing
Budget & Performance Improvement
ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution
No. 2016-29568 adopted. Motion made by Commissioner Arriola; seconded by
Commissioner Alemán. Voice vote: 4-1; Opposed Commissioner Rosen Gonzalez.
Absent: Mayor Levine and Commissioner Malakoff. Second Reading and Public
Hearing scheduled for September 27, 2016 at 5:03 p.m. Cintya G. Ramos to
handle.
Cintya G. Ramos, Budget & Performance Improvement Director, introduced the item
and gave a general overview. The Capital Budget for FY 16/17 is $88.6 million and
the FY 16/17-20/21 Capital Improvement Program is $283.9 million. Some project
highlights in this budget include $36 million earmarked for the future light rail modern
streetcar project; $27 million for new parking garages; $7.5 million for park projects,
including improvements to the Muss, Fairway and Allison Parks, as well as other
parks projects; $5.6 million for street, sidewalks and streetscape improvements; $2.2
million for the Middle Beach Corridor Phase 3 project; and $1.9 million for continued
street lighting improvements Citywide and at the Botanical Gardens.
City Manager Morales, stated that in direct response to what the Zika scare might do
the resort tax revenues, of the dollars that are going towards the streetcar, $10 million
of those dollars come out of resort tax, what he proposes to do is since this is going to
a pot anyway to bring down potential capital costs of the street car project, and that is
more of a long term expenditure, he proposes that $10 million of that go into a Public
Health Fund to see what the impact on resort tax is during the course of this year;
which is hopefully not significant. It is like an additional reserve, but only for the year.
That is $10 million that really was not going to be spent this year, but we were just
allocating it, but this could give us a cushion against any negative impact on the resort
tax revenue. In the worst-case scenario, if we had $5 million in resort tax this year, it
would only hit that line item and not expenses or the reserves in this coming year.
Commissioner Rosen Gonzalez said that it is good that the $36 million is being
putting aside, it is a built in savings account; so now, what has to be done is kill the
train and we will have plenty of money.
Commissioner Rosen Gonzalez announced that she would vote against the item
because she is opposed to spending $36 million on the streetcar.
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Handouts or Reference Materials:
1. Ad in The Miami Herald No. 1206
5:28:03 p.m.
R7 H A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF
THE CITY MANAGER (AS SET FORTH IN THE CITY COMMISSION
MEMORANDUM ACCOMPANYING THIS RESOLUTION) AND WAIVING, BY 5/7TH
VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER
TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING, IN
SUBSTANTIAL FORM, THE ATTACHED AGREEMENT BETWEEN THE CITY AND
MIAMI THEATER HUB, INC. ("MIAMI NEW DRAMA") FOR THE OPERATION,
MANAGEMENT, MAINTENANCE, AND PROMOTION OF THE COLONY THEATRE;
SAID AGREEMENT AUTHORIZING ANNUAL FUNDING IN THE AMOUNT OF
$170,000.00, SUBJECT TO ANNUAL BUDGET APPROPRIATION; HAVING AN
INITIAL TERM OF TWO (2) YEARS, COMMENCING ON OCTOBER 1, 2016, AND
ENDING, ON OCTOBER 31, 2018, WITH AN OPTION TO EXTEND THE
AGREEMENT, AT THE CITY'S SOLE DISCRETION, FOR UP TO ONE (1)
ADDITIONAL FIVE (5) YEAR TERM, AND ONE (1) ADDITIONAL THREE (3) YEAR
TERM.
Tourism, Culture, and Economic Development
Commissioners Steinberg, Malakoff, Vice-Mayor Grieco, &
Co-sponsor Commissioner Arriola
ACTION : Resolution No. 2016-29569 adopted. Motion made by Commissioner
Arriola to accept the Administration’s recommendation, with the amount at contributed
by the City at $250,000, which is comprised of $170,000 toward operations and
$80,000 toward utilities; seconded by Commissioner Alemán; Voice Vote: 5-0; Absent
Mayor Levine and Commissioner Malakoff. Max Sklar to handle.
Max Sklar, Tourism, Culture, and Economic Development Director, introduced the
item. On April 2016, Vice-Mayor Grieco and Commissioners Steinberg and Malakoff
sponsored a referral to the Cultural Arts Council and the Finance & Citywide Projects
Committee to consider Miami New Drama to manage the Colony Theater as a pilot
program. Both of those entities recommended in favor of it; then it came before the
City Commission who also endorsed the concept and instructed the Administration to
negotiate an agreement. Once the Agreement was negotiated, it went back to the
Finance & Citywide Projects Committee in July 2016. Mr. Sklar outlined the terms of
the Agreement as well as the Finance & Citywide Project Committee’s
recommendation: 1) An initial term of two years, commencing October 1, 2016; 2) The
City has the option at its sole discretion to extend the agreement for an additional 5
year term, as well as one additional term of 2 years and 364 days; 3) Miami New
Drama will honor all of the rentals that have been booked prior to their
commencement of the management as well as the rent waivers; 4) Miami New Dram
will have at least 75 events, either produced on their own or through contract third
party events and 30,000 visitors throughout the year; 5) Miami New Dram will take
over the day-to-day operations and administrative services of the facility; 6) the City
will continue to be responsible for all the major systems of the building; 7) the
Administration recommended to the Finance & Citywide Projects Committee $100,000
annual contribution toward the management of the facility. However, the Finance &
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Citywide Projects Committee recommended that the number be increased to
$170,000 annually and additionally that the City should cover all of the utility costs.
Since the Finance & Citywide Projects Committee meeting, the Administration has
spoken to Miami New Drama and the Administration is recommending that the City
cover the costs of utilities up to $80,000, which is the cost the City incurred this year,
and Miami New Drama to assume any additional costs above that. That keeps Miami
New Drama looking at maintaining utility costs at a reasonable level by conserving
energy. Miami New Drama would like that number to be $90,000, and they can speak
to that. However, the Administration is recommending $80,000.
Commissioner Rosen Gonzalez asked if the total was $180,000. Max Sklar responded
that it was a total of $170,000 in cash contribution toward the operation and then a
separate $80,000 contribution toward utility costs. For a total of $250,000.
Commissioner Rosen Gonzalez is very happy that Miami New Drama is taking over
the Colony Theater. However, the City has to start saving money from certain places.
She wants to make it fair, as there are other entities like the Bass Museum and senior
citizens that will go hungry, and therefore need money. Commissioner Rosen
Gonzalez inquired if $250,000 was the right amount, considering the current financial
situation. She wants to do the deal, but wants to ensure the City is being fair.
Max Sklar explained that the $250,000 total amount is already in the operating budget.
Commissioner Rosen Gonzalez inquired of Miami New Drama if they needed that total
amount of money or if they could give up anything.
Michele Houseman, representing Miami New Drama, stated that they already were
giving up a great deal. Mr. Houseman spoke to how the costs were derived, which
include utilities, maintenance and cost of production. When compared to other
theaters in the County this operation is being run on a shoestring.
Commissioner Steinberg stated that this is a pilot program, so the City is not
committing itself long term. This is to see if the City can make a go of a Colony
Theater that actually produces quality performances, culture and events in the City,
which will generate an economic impact. We are reinvesting in the community.
Mr. Sklar, in response to a question from Commissioner Steinberg, stated that the
funds were coming from the General Fund. The amount is currently funded in the
budget at the current service level.
Commissioner Alemán stated that Miami New Drama is incubating this Theater, and
she believes the City needs to give them room to breathe. She is in favor of leaving it
intact.
Commissioner Arriola stated that he is a supporter of the arts, and has asked to
cosponsor this item. There is big economic impact along Lincoln Road; people that go
to the Theater are going to eat at the restaurants and cafes, as well as do some
shopping. This is an investment on Lincoln Road and an investment in our cultural
commitment, and possibly seeding a great future local drama organization.
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Commissioner Steinberg explained that this item has gone through various
committees. This has been talked and worked on for almost a year. The City has
really been working to try to find the correct combination to give Miami New Drama
enough so they can succeed, but not underwrite it either. The City wants Miami New
Drama to be self-sufficient, and hopefully this works. The City needs to help Miami
New Drama so it works, but she wants for Miami New Drama to understand that they
cannot count on these funds year after year. We need to see how the pilot program
goes.
Commissioner Arriola stated that similar to how we fund our programming in our
parks, this is funding the programming in our culture.
Commissioner Steinberg commented that we have always funded the Colony Theater.
Discussion held regarding the number of votes needed to pass the item.
Commissioner Rosen Gonzalez asked if money from the Lincoln Road Business
Improvement District (BID) could be utilized for this. The Lincoln Road BID has $4
million, and she does not believe the BID is investing it wisely. The Lincoln Road BID
should come in and fund part of this, thus freeing City funds for somebody else.
Commissioner Steinberg asked Mr. Houseman how much it would costs for them to
run the Colony Theater and the production. Mr. Houseman responded that it would
costs an estimated $1 million. Commissioner Steinberg commented that the City is
only providing Miami New Drama a drop in the bucket. Miami New Drama needs to
fundraise the difference.
Mr. Houseman explained that the City has for years, because of its importance,
subsidized the Colony Theater.
Motion by Commissioner Arriola to approve the item; seconded by Commissioner
Alemán
City Manager Morales explained that the budget that the Commission will consider
today (R7 D), has $250,000 built in, which means $80,000 for utility.
Commissioner Rosen Gonzalez stated that $250,000 is sufficient.
Max Sklar recapped that the Finance & Citywide Projects Committee had
recommended that the City cover all utility costs. However, the Administration felt that
Miami New Drama needed to have some responsibility, so that they conserve utilities,
so the Administration recommended $80,000, which represents the current year’s
utility budget.
Commissioner Steinberg stated that as the City has only budgeted $80,000, the
additional $10,000 being requested would require the Commission to cut from
something else, which cannot be done.
The motion was clarified that the amount being approved via the motion is for a total of
$250,000, which is comprised of $170,000 toward operation and $80,000 toward
utility.
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Commissioner Rosen Gonzalez suggested that Miami New Drama should reach out to
the Lincoln Road BID.
5:02:00 p.m.
R7 I A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE ESTABLISHING
FURTHER RESTRICTIONS AND ADJUSTMENTS TO RIGHT-OF-WAY
PERMITTED CLOSURE TIMES FOR CONSTRUCTION WORK IN THE PUBLIC
RIGHT-OF-WAY ALONG MAJOR CORRIDORS.
Transportation
ACTION : Item deferred to the September 27, 2016 Commission Meeting. Jose
Gonzalez to handle.
12:11:56 p.m.
Deferral to September 27, 2016 of Ocean Drive Items: R5 Y, R5 Z, R7 J, R9 E and
R9 AE
ACTION: Deferral of the following items, relating to Ocean Drive, to the September 27,
2016 Commission meeting, which meeting will commence at 4:00 p.m.: R5 Y, R5 Z,
R7 J, R9 E and R9 AE. Approved by acclamation, with all members of the City
Commission present. Lilia Cardillo to place on the September 27, 2016
Commission Agenda, if received.
Mayor Levine stated that there are some Ocean Drive items that he would like to defer
until October 19, 2016. Mayor Levine stated that he has to leave early, and
Commissioner Malakoff has to leave as well. Mayor Levine stated that the Ocean
Drive items are still in negotiation and Commissioner Arriola has made tremendous
progress; it sounds to the Mayor as if we are getting close to something that makes
sense for everybody involved and the Mayor is very happy about that. Mayor Levine
announced that he would defer his item, R5 Y, which is terminating alcohol sales at
2:00 a.m. on Ocean Drive until October 19, 2016. With everyone’s permission, he
would request that all the other Ocean Drive items be deferred until October as well.
Commissioner Alemán stated that the she would like to talk about one thing relating to
Ocean Drive. However, prior to doing so, she wanted to say that all the feedback she
has received regarding the 10-point recommendations that Commissioner Arriola
facilitated were very positive; and she has heard no negativity around it. However, she
does understand that there are permits that need to be renewed, and the City Manager
needs direction. If it is appropriate, she would like to make a motion regarding the
placement of the tables on the sidewalk on Ocean Drive, and we could go ahead now
with implementing moving all the tables to the west and eliminate the gauntlet, and
moving the pedestrian clean zone from the curb.
Mayor Levine stated that he knows that we have an issue with the issuance of permits
for one year; however, maybe there is a way the City Manager can issue permits for
30 days, so that there is a temporary issuance of permits and in October, the full one-
year permits could be issued. That way, the Commission can address all these matters
together.
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City Manager Morales stated that they would be happy to do so, but he is not sure if
legally it could be done, as the Ordinance only refers to one-year permits. The City
Manager inquired of the City Attorney if the City could issue a permit for a shorter
period.
City Attorney Aguila asked if they were referring to item R7 J.
Commissioner Arriola inquired if instead of moving the Ocean Drive items to October,
could they instead be deferred to the Commission meeting of September 27, 2016.
Mayor Levine stated that he would be in agreement in having the items heard on
September 27, 2016. He is not opposed to hearing the items either on September 27
or on October 19. Mayor Levine wants to make sure that the City Commission does
things right.
Commissioner Alemán inquired if the City Manager would be issuing any permits prior
to the September 27, 2016 Commission meeting.
City Manager Morales responded that there were not issuing any permits prior to
September 27. The City Manager explained that Eric Carpenter, Public Works
Director/Assistant City Manager, was recommending that what could be done is issue
month-to-month permits for 90 days, that way the City does not have the pressure to
act, and thereafter permits for the remainder of the year could be issued.
Commissioner Arriola stated that if they have space on the September 27, 2016
Commission meeting, the Commission could take the Ocean Drives item at that time
and make that the focus of that meeting.
Mayor Levine stated that he would be willing to stay all night to resolve the Ocean
Drive matters on September 27, 2016; or maybe the parties come to agreement prior
to that date and it can be a quick meeting.
Commissioner Malakoff asked the City Attorney to explain what will happen to the 2:00
a.m. Straw Ballot. She wants to be sure if we do not do this until September 27, 2016,
or even until the October 19, 2016 Commission meeting, she wants to ensure that if
the City and all the parties come to terms with the Ocean Drive group, Commissioner
Arriola’s 10-point plan, and the Ocean Drive Task Force, that the 2:00 a.m. Straw
Ballot will not count; in other words that the County would not do a count.
City Attorney Raul Aguila first responded to Commissioner Alemán and the City
Manager’s prior inquiry. For the permits for the sidewalk cafes from October 1 to
September 30, the City can do month-to-month. So first reading must be done at least
before October 1, 2016, so September 27, 2016 would work.
To answer Commissioner Malakoff’s questions, City Attorney Aguila explained and
recapped for the public, concerning the Straw Ballot Question regarding the 2:00 a.m.
stopping of liquor sales on Ocean Drive, the deadline to take the question off the ballot
expired on August 30, 2016. At this point, if at any time before the November 8, 2016
Election the City Commission decides to repeal the Resolution calling for the Straw
Ballot Question the County would not officially count the result. If absentee ballots
were received, they would be counted. Notices would be put up, saying that the ballot
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question has been repealed and that it would not be officially counted.
Mitch Novick does not see a problem hearing what the residents opine on the issue of
stopping liquor sales at 2:00 a.m. on Ocean Drive. There should be a count of the
Straw Ballot, just so the City Commission understands the sentiment of the
community. Mr. Novick has heard from several people that they would like to see a
Citywide rollback from 5:00 a.m. to 2:00 a.m. regarding liquor sales.
Mayor Levine asked if the Commission was agreeable to deferring all the Ocean Drive
items to September 27, 2016.
The City Clerk read into the records the items that being considered for deferral to
September 27, 2016: R5 Y, R5 Z, R7 J, R9 E, and R9 AE
ACTION:
By acclamation, all the above listed Ocean Drive items were deferred to September
27, 2016. (All members of the City Commission were present and in agreement.)
Commissioner Steinberg requested to start the September 27, 2016 meeting at 3:00
a.m.
City Clerk Granado stated that the budget items must be heard after 5:00 p.m.
There was consensus to start the September 27, 2016 Commission meeting at 4:00
p.m.
12:12:57 p.m.
R7 J A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING THE CITY OF MIAMI BEACH OCEAN DRIVE
SIDEWALK CAFE DESIGN GUIDELINES.
Planning
ACTION : Item deferred to the September 27, 2016. See also discussion above,
which starts at 12:11:56 p.m.
Clerk’s Note: Via e-mail on September 20, 2016, at the request of the Administration,
the item was deferred to October 19, 2016.
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5:02:00 p.m.
R7 K A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER
TO ACCEPT THE TRANSFER TO THE CITY, VIA QUIT CLAIM DEEDS, OF THE
APPROXIMATELY 4,000 LINEAR FEET OF SEAWALL ALONG INDIAN CREEK
DRIVE, FROM THE PRIVATE PROPERTY OWNERS IDENTIFIED IN EXHIBIT "A,"
SO THAT THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) MAY UNDERTAKE THE CONSTRUCTION OF A 5.7 NAVD ELEVATION
SEAWALL BARRIER WALL, WHICH WOULD IMPROVE STREET DRAINAGE, AND
RAISE THE ROAD ELEVATION FOR INDIAN CREEK DRIVE, BETWEEN 26TH
AND 41ST STREETS.
Public Works
ACTION : Item deferred to the September 27, 2016 Commission Meeting. Eric
Carpenter to handle.
5:02:00 p.m.
R7 L A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, CREATING AN ADVISORY AD HOC RESILIENCY
COMMUNICATIONS COMMITTEE IN ACCORDANCE WITH NATIONAL FLOOD
INSURANCE PROGRAM REQUIREMENTS FOR CREDIT UNDER THE
COMMUNITY RATING SYSTEM, TO DEVELOP A PROGRAM FOR PUBLIC
INFORMATION (PPI) FOR FLOOD RELATED INFORMATION, AND PRESCRIBING
THE PURPOSE, DUTIES, APPOINTMENTS, AND TERMS OF THE COMMITTEE'S
MEMBERS.
Office of the City Manager
Sponsored by Commissioner John Alemán
ACTION : Item deferred to the September 27, 2016 Commission Meeting. Elizabeth
Wheaton to handle.
2:10:17 p.m.
R7 M A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, CONSENTING TO THE APPOINTMENT OF MICHAEL W.
SMITH AS THE HUMAN RESOURCES DIRECTOR FOR THE HUMAN RESOURCES
DEPARTMENT OF THE CITY OF MIAMI BEACH.
Human Resources
ACTION : Resolution No. 2016-29570 adopted. Motion made by Commissioner
Arriola to approve the Resolution; seconded by Commissioner Alemán; Voice-vote: 6-
0; Absent: Commissioner Malakoff. Michael Smith to handle.
City Manager Morales introduced Michael Smith. Mr. Smith has been in public service
for several decades, most of it with a focus in Human Resources. He has been 23
years in Human Resources, prior to that he was a City Manager. Mr. Smith has a
tremendous experience in Human Resources, and as the City was making a transition
in the Human Resources Department, the City Manager wanted to bring in someone
with a high level of experience. Mr. Smith has worked with collective bargaining and
all kinds of issues that we see in South Florida, which is a completely different world.
Mr. Smith is very familiar with all the applicable Florida rules and laws having to do
with labor relations and human resources. Mr. Smith started last week and has hit the
ground running. The City Manager recommends Mr. Smith’s confirmation.
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Mayor Levine welcomed Mr. Smith onboard, and asked him to say a few words.
Michael Smith stated that he is very excited to be in Miami Beach. This City is
renowned for so many different things, and he wants the Human Resources
Department to be one of the power tools in the City’s toolbox for success and to be
part of the journey to excellence.
Mayor Levine stated that the team the City Manager has put together in this City is
spectacular. It is an A-team. The Mayor stated that we always bring the best and
brightest to the City, and we want to promote the best people and get the best people
to join us.
Commissioner Alemán commented that one thing she would love to see is more City
employees live in the City of Miami Beach, not just work here; she would love to hear
any ideas Mr. Smith may have to achieve that goal.
5:52:48 p.m.
R7 N A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO DECLINE, IN
WRITING, THE OWNER'S RECIPROCAL RIGHT OF FIRST REFUSAL, AS
REQUIRED PURSUANT TO THE TERMS OF SECTION 36.2 OF THE AGREEMENT
OF LEASE ("GROUND LEASE") BETWEEN THE CITY ("OWNER") AND PKY
LINCOLN PLACE, LLC (TENANT"), DATED AS OF SEPTEMBER 1, 1999,
INVOLVING THE IMPROVEMENTS TO THE PROPERTY ("PROJECT") LOCATED
AT 1601 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA, BASED UPON
TENANT'S ESTIMATED MARKET VALUE OF $80,000,000; AND FURTHER
APPROVING THE SALE OF THE PROJECT BY MERGER (BETWEEN PARKWAY
PROPERTIES LP, PARKWAY PROPERTIES, INC. AND COUSINS PROPERTIES
INCORPORATED ("COUSINS", "PROPOSED PURCHASER"), OF A SUBSTANTIAL
CONTROLLING INTEREST IN TENANT'S ULTIMATE OWNER, WITH THE
SURVIVING OWNER OF TENANT BEING A WHOLLY OWNED SUBSIDIARY OF
COUSINS; SAID APPROVAL SUBJECT TO THE ADMINISTRATION'S
SUCCESSFUL COMPLETION OF ITS EVALUATION OF THE PROPOSED
PURCHASER IN ACCORDANCE WITH ARTICLE 10 OF THE LEASE ("CITY'S DUE
DILIGENCE"), PAYMENT TO THE CITY OF ITS REASONABLE COSTS INCURRED
IN CONNECTION WITH THE PROPOSED SALE INCLUDING, WITHOUT
LIMITATION, REIMBURSEMENT OF THE CITY'S DUE DILIGENCE COSTS, AND
EXECUTION BY TENANT AND PROPOSED PURCHASER OF CITY'S CLOSING
DOCUMENTS; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE ANY AND ALL CLOSING DOCUMENTS ON BEHALF OF
THE CITY.
Tourism, Culture and Economic and Development
ACTION : Resolution No. 2016-29571 adopted. Motion made by Commissioner
Alemán to approve the Resolution; seconded by Commissioner Rosen Gonzalez;
Voice-vote: 5-0; Absent: Mayor Levine and Commissioner Malakoff. Max Sklar to
handle.
Max Sklar, Tourism, Culture, and Economic Development Director, introduced the
item. This is the assignment of the ground leases at 1601 Washington Avenue, which
is an 8-story parking garage with 493 parking spaces, approximately 111,000 square
feet of Class A office space, and 28,500 square feet of ground floor retail. PKY
Lincoln Place, a wholly owned subsidiary of Parkway Properties, is transferring the
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lease and interest to Cousins Lincoln Place Holdings LLC, a wholly owned subsidiary
of Cousins Properties, through a merger of the two entities. Essentially the City has
the option of right of first refusal; if the City wanted to exercise that option the market
analysis that was provided puts the offer at about $80 million. The City would have to
close by September 30, 2016.
Raul J. Aguila, City Attorney, explained that this matter is before the City Commission
because under the ground lease, technically, although this is an acquisition by
merger, the City may exercise its rights of first refusal. The value of the ground lease
interest is approximately $75 million to $80 million. In this case, it really is only a legal
fiction, because this is an acquisition via the merger of the entities. They are not
recommending that the Commission exercise the right of first refusal. The permitted
buyer due diligence certification would be done administratively between the Office of
the City Manager and the Office of the City Attorney.
Commissioner Alemán stated that at City operated garages the City tries to keep the
prices low at $1.00. If the City were to take over this garage, it would not be able to
keep the prices at such a low rate and make either money or breakeven based on
what the City’s acquisition costs would have to be. Therefore, it does not work for the
City to exercise its right of first refusal.
City Attorney Aguila stated that Commissioner Alemán was correct.
Mr. Sklar stated that this was the same logic that was used in 2013 when the last
transaction occurred with this garage.
City Attorney Aguila explained that because the City owns the land were these
privately owned garages are built, every time there is a transfer, sale or other transfer
of the property it must be brought before the City Commission so the Commission can
consider its option to exercise its right of first refusal or not.
Motion by Commissioner Alemán to adopt the Resolution, which does not exercise
the City’s right of first refusal.
Discussion held.
Mr. Sklar stated that if the Commission wanted to operate the garage with the current
public rates, not at the subsidized rates, it would be a different conversation; that has
not been historically how the City operates its garages. Therefore, it does not make
financial sense to exercise the option.
Vice-Mayor Grieco stated that the only reason he is agreeing to this is that it is Max
Sklar’s recommendation; as Vice-Mayor Grieco feels that he should go the private
sector and obtain another opinion.
City Attorney Aguila, in response to a question from Vice-Mayor Grieco, stated that
this is time sensitive, as there is a closing scheduled
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3:54:15 p.m.
R7 O A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SUPPORTING THE PRINCIPLES OF INCLUSION, FOR
INDIVIDUALS WITH AUTISM AND OTHER SPECIAL NEEDS, WHICH WERE
ESTABLISHED BY THE UNITED NATIONS CONVENTION ON THE RIGHTS OF
PERSONS WITH DISABILITIES; AND URGING ACTION BY NATIONAL, STATE,
AND LOCAL GOVERNMENTS, BUSINESSES, AND RESIDENTIAL COMMUNITIES
CONSISTENT WITH THESE PRINCIPLES.
Office of the City Attorney
Vice-Mayor Michael Grieco
ACTION : Resolution No. 2016-29572 adopted. Motion made by Vice-Mayor Grieco
to approve the Resolution; seconded by Commissioner Steinberg; Voice-vote: 5-0;
Absent: Mayor Levine and Commissioner Malakoff. Office of the City Attorney and
Valeria Mejia to handle.
Vice-Mayor Grieco explained that this is a Resolution that the he has been working
on. Vice-Mayor Grieco invited Craig Leen, City Attorney for Goral Gables, and Debora
J. Turner, Miami Beach First Assistant City Attorney to the podium.
Debora Turner, First Assistant City Attorney, introduced the item. This is a Resolution
that supports the principles of inclusion for individuals with autism and other special
needs. The Resolution shows that the City of Miami Beach engages in many different
activities that include special needs persons in different activities, from recreational
programs to all types of summer program and camps. Additionally the City’s Police
Department is developing a wallet card program for persons with autism to give to
Police Officers so the Officers understand that the person has special needs. The City
also has a Best Buddies job program as well as a Disability Access Committee that
gives recommendations to the City Commission
Craig Leen, City Attorney for Coral Gables, stated that it is an honor to have an
important City like Miami Beach, where many individuals with autism and special
needs live and love to visit, adopt such a Resolution. Mr. Leen’s daughter, who has
severe autism, and his son, who has mild autism, love the beach, love Flamingo Park,
and love many of the things the City of Miami Beach has to offer. The purpose of the
Resolution is to have cities, counties, and local governments tell individual with autism
and special needs that they are a priority, that they will be included, that it is not going
to be something where you come to a City and you have to ask for an
accommodation or you may have an access issue to visit a place such as City Hall or
any other government building. The Resolution reaffirms the mindset and idea that
the City will go above and beyond the requirements of the laws to try to include
people with special needs and to make them feel welcomed. To have a City like
Miami Beach adopt such a Resolution means a great deal to Mr. Leen, who after
reading the Resolution was very impressed with all the different things the City of
Miami Beach does and will be doing for individuals with autism and special needs. Mr.
Leen thanked the City Commission for allowing him to be present, as he knows how
much this Resolution means. Mr. Leen explained his daughter’s condition, and added
that when he and his family are made to feel welcomed it means the world. When
they are made to feel unwelcomed, get dirty looks, or someone says something, there
is nothing that the family can do, and the family just feels terrible. Families should not
have to feel that way. It is important for people to be mindful of how wonderful it feels
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to be made to feel welcomed and included; not just for the individual with special
needs, but also for their families and friends. Mr. Leen expressed his thanks to the
City Commission, and stated it was an honor to be here. Mr. Leen praised City
Manager Jimmy L. Morales as one of the leaders in autism awareness; City Manager
Morales has done a great deal for individuals with autism. Mr. Leen also recognized
Dr. Michael Alessandri who is in the audience. Mr. Leen stated that he is on Dr.
Alessandri’s Board of Constituents for the University of Miami CARD, Autism Center.
Dr. Alessandri has been the leader of this effort for over a decade and Dr. Alessandri
has made such a difference for the 10,000 constituents with autism that Dr.
Alessandri serves in Miami-Dade County. Mr. Leen described Dr. Alessandri as a
tremendous human being.
Vice Mayor Grieco asked Dr. Alessandri to step up to the podium. Vice-Mayor Grieco
stated that he knows Dr. Alessandri well and the City of Miami Beach is lucky to have
him as a resident.
Dr. Alessandri stated that he was proud to be here today, and thanked Mr. Leen, and
proclaimed him the original leader of this autism effort within the municipalities in
South Florida. Dr. Alessandri recognized his close friend Vice-Mayor Grieco and his
family, who are very special to him. Dr. Alessandri commented that he has been to
the Miami Beach Commission Chamber before, and every time it is a great honor and
privilege, but most importantly it is to learn of great news that the City of Miami Beach
is doing something new and exciting. Dr. Alessandri has a long-standing relationship
with Miami Beach; he has done law enforcement training and created a world-
renowned surf camp with the Miami Beach Parks and Recreation Department that is
in great demand every year. Dr. Alessandri thanked the City Commission for the
partnership. Dr. Alessandri thanked Mr. Leen for leading the effort; people with
disability want to feel included and that they are a viable and a valuable part of the
fabric of the community. It is incumbent upon all to reflect upon that in everything we
do, whether its holding the door for someone entering a restaurant or thinking about a
more accessible way to get into a building that does not involve the side or the back
of the building; someone in a wheelchair should be able to roll through the front door
just like anyone else. A person with autism needs to feel that they are a member of
the school community just like anyone else. Imagine if no one in your family had ever
been touched with autism or any other disability; try to imagine your two years post
having a child and during the 18-month/two-year checkup, the doctor tells you that
your child has autism. You have spent 18 months to two years thinking that your child
is perfectly normal and then somebody sucker punches you with the news that will be
with you for the rest of your life. Now try to imagine, that you live in a community that
is not opening its arms to you, what that might feel like. Dr. Alessandri thanked the
City Commission for opening its arms, he appreciates it, and our community
appreciates the work of the City Commission. Ten thousand (10,000) families in
South Florida with autism are known to the CARD Center, there are many more out
there that are completely disconnected and disengaged from services. This
Resolution is going to make it possible for these families to be part of the community.
Vice-Mayor Grieco passed the gavel to Commissioner Rosen Gonzalez.
Vice-Mayor Grieco moved the item, which was seconded by Commissioner Steinberg.
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Commissioner Arriola thanked Vice-Mayor Grieco for giving the Commission the
opportunity to vote and pass this item.
Vice-Mayor Grieco thanked everyone involved.
4:24:20 p.m.
R7 P A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY'S STATE
LOBBYISTS TO LOBBY THE FLORIDA LEGISLATURE TO IMPLEMENT LAWS
REVERSING THE WEAKENING OF THE CLASS SIZE AMENDMENT IN THE
FLORIDA CONSTITUTION BY, AMONG OTHER MEASURES, CLOSING THE
SCHOOLS OF CHOICE LOOPHOLE AND INCLUDING INTERNATIONAL
BACCALAUREATE, ADVANCED PLACEMENT, DUAL ENROLLMENT, ANY
CLASSES THAT MAY RESULT IN COLLEGE CREDIT, AND OTHER CORE
CLASSES, AS COVERED CLASSES UNDER THE CLASS SIZE CAP.
Office of the City Attorney
Sponsored by Commissioner John Elizabeth Alemán
and Co-Sponsored by Commissioners Joy Malakoff, Rosen Gonzalez
and Vice-Mayor Michael Grieco
ACTION : Resolution No. 2016-29573 adopted. Motion made by Commissioner
Alemán to approve the Resolution; seconded by Commissioner Steinberg; Voice-
vote: 5-0; Absent: Mayor Levine and Commissioner Malakoff. Gloria Baez and Dr.
Leslie Rosenfeld to handle.
Commissioner Alemán introduced the item as well as two guests, Kayla Rynor and
Beth Edwards.
Kayla Rynor stated she is a mother of four, and all of her children have attended or
are currently attending Miami Beach Senior High (MBSH); she is also the past PTSA
President and Advocacy Chair of Miami MBSH.
Beth Edwards introduced herself and stated she is a mother first; though she served
on multiple executive boards of PTSA’s and PTA’s; she currently sits on the 305
Cross-Municipality Board, as well as the current Chair of Quality of Education
Committee for the City of Miami Beach.
Kayla Rynor read a statement into the record. Mr. Rynor urged the City Commission
to pass the Resolution to help improve the quality of education for the City of Miami
Beach students. She said they have the right to ensure the State Legislators follow
the will of the voters.
Beth Edwards thanked the City Commission for their support and suggested that the
City shares the Resolution if it passes with other municipalities.
Discussion held.
Commissioner Alemán is in support. Oversized classrooms are not the ideal setting
for education. This is very important and crucial to learning. In 2015, Miami-Dade
County Public Schools re-designated MBSH as School of Choice as opposed to a
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traditional high school, where classes cannot have more than 25 students per class.
The only exception in the Florida Constitution is supposed to be for extracurricular
classes; however, since MBSH has been designated a School of Choice, it created a
loophole for all academic classes. Commissioner Alemán demands the loophole be
closed, and would like all Commissioners to support this item and make it a key part
of the City’s legislative agenda.
Commissioner Rosen Gonzalez said she will co-sponsor this item and will even go to
Tallahassee to fight for this cause.
Commissioner Alemán stated that awareness is key, and hopes the media will help
create awareness about what is happening.
City Clerk Mr. Granado stated he would transmit the message to the municipalities
through the League of Cities, and all cities in Miami-Dade, Broward and Monroe
Counties.
Commissioner Steinberg asked the City Clerk if he could send the message to School
Districts as well.
City Clerk Mr. Granado stated they could send the message to School Districts as
well.
City Clerk’s Note: The City Clerk transmitted the Resolution as follows:’
The Florida Governor
The Florida Attorney General
The Florida Chief Financial Officer
The Florida Senate President
The Florida Speaker of the House
All Florida State Senators representing Miami-Dade County
All Florida State Representatives Miami-Dade County
The Miami-Dade County Mayor
All Miami-Dade County Commissioners
The Superintendent and Assistant Superintendents for Miami-Dade County Public
Schools
The Superintendent in each School District in Florida
All the municipalities in Miami-Dade County
All the municipalities in Broward County
All the municipalities in Monroe County
The President and Vice-Presidents of the Florida League of Cities, Inc.
The Executive Director of the Florida Association of Counties
The Executive Director of the Miami-Dade County League of Cities
The City’s Legislative Consultants
Ms. Gloria Baez
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R9 - New Business and Commission Requests
R9 A BOARD AND COMMITTEE APPOINTMENTS.
Office of the City Clerk
ACTION: The following appointments, reappointments and changes were made:
ART IN PUBLIC PLACES
Susan Caraballo Removed due to absences
COMMITTEE FOR QUALITY EDUCATION IN MIAMI BEACH
Jordan Leonard TE 06.30.17 TL 06.30.17 Appointed by Bay Harbor Elementary PTA
Damond Neely TE 06.30.17 TL 06.30.17 Appointed by Treasure Island Elementary PTA
COMMITTEE ON THE HOMELESS
Marcella Paz Cohen TE 12.31.17 TL 12.31.23 Appointed by Commissioner Rosen Gonzalez
Dr. Lourdes Oroza Resigned
MARINE & WATERFRONT PROTECTION AUTHORITY
Jayson Weisz TE 12.31.17 TL 12.31. 23 Appointed by Mayor Levine
Dr. Lourdes Oroza TE 12.31.17 TL 12.31.23 Appointed by Commissioner Rosen Gonzalez
MIAMI BEACH COMMISSION FOR WOMEN
Christine Klingspor TE 12.31.16 TL 12.31.23 Appointed by Vice-Mayor Grieco
Lindsay Genet Resigned on 7/29/2016
YOUTH COMMISSION
Amanda Garcia TE 06.08.17 TL 06.07.2018 Appointed by Commissioner Steinberg
TE: Term Ending
TL: Term Limit
R9 B BOARD AND COMMITTEE APPOINTMENTS - CITY COMMISSION APPOINTMENTS.
Office of the City Clerk
ACTION : No appointments were made.
Handouts or Reference Materials:
1. City Commission At-Large Nominations for September 14, 2016 – Release #1.
8:34:10 a.m.
R9 C DR. STANLEY SUTNICK CITIZEN'S FORUM.
Office of the City Clerk
ACTION : The following individuals spoke:
1. Mitch Novick stated that businesses were impacted because of the Zika issue, but he
is here to speak about Ocean Drive. He requested that Vice-Mayor Grieco recuse
himself from all related MXE and Ocean Drive related matters, as he has accepted
tens of thousands of dollars from several of the Ocean Drive businesses.
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Mayor Levine asked that the City Commission be addressed with respect and not to
ever get personal.
Mr. Novick respectfully believes that Vice-Mayor Grieco’s integrity has been
compromised, and that the Neighborhood Committee that Vice-Mayor Grieco chairs
stifled him from presenting his five-point plan for cleaning up Ocean Drive. It is his
understanding that he left that meeting “high-fiving” representatives from Mango’s
and the Clevelander, and that is the reason he believes Vice-Mayor Grieco should
recuse himself.
2. Dr. Michael Hall, Board Certified physician, has very deep concerns about what is
going on with the Naled spraying in the community. He represents a coalition of
concerned citizens in the Greater Miami area called South Florida Poison Response
Coalition. They discuss the impact of Naled in the community. He has had several
patients that asked him questions that he is unable to answer, and they need
answers. He is very concerned because he was not notified that Naled was used
over his home and community. This is a chemical weapon being used by Syria and
North Korea, something that he is very deeply moved by. His patients and tourists
should be represented by his elected officials. He demands answers and expects the
City Commission and Mayor Levine to respond.
3. Dr. Andrew Levinson lives and practices in Miami Beach since 1991 and is an expert
in detoxification or related neurodevelopmental and neurodegenerative disorders. He
explained that organophosphate pesticides, such as Naled, are clearly toxic and the
evidence is abundant that they are not safe even in small amounts on pregnant
women, children or medically fragile individuals. He added those organophosphates,
like Naled, and the neurotoxic effects in humans (including some animal models) are
linked to neurodegeneration, Parkinson’s; Alzheimer’s disease and Lou Gehrig’s
diseases. One study shows that it is not the acute effect of the poison that affects the
individuals and causes the mosquitoes to die, but the latent effects it has on
hormones, neurotransmitters and inflammatory changes that trigger these
devastating diseases. Organophosphate causes autism, and a single low dose
application in mice produce disturbances in neurodevelopment. In humans, proximity
to organophosphate applications has been linked to autism in California, cognitive
changes in children after its use during pregnancy, and it shows a clear impact ten
years later; along with a decrease in IQ, working memory and verbal comprehension;
ADHD has been associated with organophosphate; and low dose single prenatal
exposure, as noted by cord blood, results in childhood tremors 11 years later.
Multiple factors make children far more vulnerable than adults, they are exposed to
more environmentally toxins than adults, they grow faster and breath more; they
have more hand to hand contact with increased exposure in playgrounds; this is a
mistake commonly made in healthcare, and is a mistake that the government
agencies have failed in the past to account for the differences, which has led to
devastating consequences. Additionally, all individuals who are not on an exclusively
organic diet have high levels of organophosphate in their blood already. They look at
their elected leaders to do their best and seek out uncorrupt sources of information,
and put the needs of the community above politics for what is comfortable and
convenient. He requested seeking credible answers and to keep in mind that they
live in a metropolis with two medical schools and several major universities. Teaming
with academic, scientists and physicians will reach the right decision for the
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community. There are many options and choices. One thing is evident; they can no
longer claim ignorance and no longer claim that these compounds are safe. He
hopes that conscious and intelligence will prevail, coaxed by political and moral risk
the current course has them on. It would be wise to consider the negligence and
culpability that this may ensue to the City.
4. Judd Allison lives in Miami Beach and has his business in Wynwood. He asked that
they take into consideration all the other options; there are organic based
alternatives and Wolbachia, rather than poisoning the community. He asked Mayor
Levine to reconsider aerial spraying. His coalition has over 5,000 members and they
will picket from 5th Street to 19 th Street daily to get the message out to the tourists
that the water in the pools is contaminated and that the sand has been sprayed with
Naled.
5. Dr. Hutchinson, Ph.D., in Engineering and Mathematics, explained some facts about
Naled. The Occupational Health Services found in 1991 that increase in temperature
and UV exposure of this chemical increases the toxicity of the chemical; this has not
been addressed. Findings show that it causes liver damage in mice, and considering
that toxicologist’s findings show that the chemical lingers for days, there is dermatitis
linked wherever the chemical is applied; in 2002 the Journal of Pesticide noted that
two mgs per kilogram in dogs cause spine problems and paralysis of the legs,
reduced Hgb by 20%, causing anemia. The chemical lasts a long time. He explained
the carcinogenic substances and stated that most importantly biologists have found
that in guinea pigs it causes a 50% decrease in brain size in the birth animals, and
this also causes the same in a small percentage in humans. He hopes these facts
bring to light a somewhat coherent argument as to why in Miami Beach this study
should not be made.
6. Rick Nash, Larson Pharmaceuticals, stated that there is an alternative technology
that will not hurt animals or humans; it is a spray, they are essential oils that are
mixed with a formulation, which they are registering for use in Africa, Central and
South America, and the Caribbean in cooperation with the Gay’s Foundation. They
would like to show an alternative grassroots program to do as a ground spray. It is
important to get the community involved, along with the politicians, with the goal of
solving the problem. They offered to provide a good price and begin a pilot program
if requested. In answering Commissioner Rosen Gonzalez he stated that it is a new
technology being used as an agricultural pesticide in many countries that are not
harmful to bees and butterflies.
Mayor Levine stated that they are open to all suggestions and they can refer him to
Miami-Dade County to take action on these alternatives. City Administration to
handle.
7. Albert Gomez is a medical technologist and has worked in bio-surveillance in various
countries to advance vector control for cholera, chikungunya and other diseases. He
stated that the reality is that the City must follow the County’s direction, which is
driven by the Department of Agriculture and the State; it is the chain of command;
however, local government has to keep the Federal and State government in check.
For this reason, he would like to see if the City could initiate inquiries; they want to
understand the fitness of the RFP bidding process within the State of Florida and
Department of Agriculture. He read a statement into the record: In the event of a Zika
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outbreak in South Florida, the State asked private environmental control companies,
some of which he collaborates with in Zika related activities, to stock up on their
larvicide and adulticide in support of advancing the State’s mosquito control effort.
Once the outbreak hit South Florida, the RFP process was closed down, private
contractors have been shut out of the response effort, and only a small selected
group of pesticides contractors and chemicals have been recommended, sanctioned
and deployed by the Department of Agriculture, Miami-Dade County and the
Mosquito Control Board to perform the task of eradicating Zika. He requested that
the State of Florida disclose the RFP to affirm that it has followed the law, expanding
its bidding process to enable boots on the ground direct vector control larvicide
spraying. The two weeks spray moratorium of Naled will give public/private
partnerships, such as Rick Nash, to introduce innovative, organic safe pesticides to
the Department of Agriculture for entry into the approved list of pesticides, and also
allow access to the State and County certified scientific groups and academia of
mosquito trap data, with accurate geographical location, so that current spraying
regimes can be scientifically quantified and validated; and finally, deploy ground
testing and sensors to detect Naled and larvicide PPMs throughout the spray zone to
track efficiency and bioburden of the toxic and harmful chemicals used in mosquito
control and eradication.
Mayor Levine stated that the City Commission is happy to assist in pushing the
County and State to open up the bidding process. They want to look at all
alternatives. City Administration to handle.
Mr. Gomez explained that the County increased boots to ground on the ground by
7,000, and on a Sunshine meeting the County stated that they have not reached
recertification. One of the key factors is that the Mosquito Control Board is
responsible for unincorporated parts of Miami-Dade and for this mosquito control
effort; they did not have the necessary traps to meet the level of the epidemic locally.
He understands that this is the County’s responsibility, but right now it is the time to
act on local vector control and not indiscriminate aerial spraying which the City does
not have any confidence or scientific information on where is landing, how much,
where and realistically most of the scientific community he deals with, state that the
aerial spraying with Naled is not the best approach, based on topography, wind
reality in South Florida, and they request a more scientifically proven efforts; and the
City Commission can push it vertically; they are looking for his leadership on this.
Commissioner Arriola requested documentation read into the record.
8. Roman Gateau stated that he has done a great deal of research over the past
months, and an EPA report on Naled states that agriculture fields sprayed aerially
with Naled takes 48 hours for people to re-enter the fields. The half-life of Naled is
one to two days, and that is imperative to know. This is from the EPA. There are
supposed to be seven days between each spraying. The County and the State are
not even following the EPA protocol on how to use Naled.
Commissioner Rosen Gonzalez asked the County if this is true.
Mr. Gateau stated he did not get any answers from Mayor Gimenez after daily calls
and several emails. The best way to fight this, boots on the ground, Bti.
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Mayor Levine agreed and they will ask the vendor spraying for details. They want to
hear from everyone. Eric Carpenter to handle.
Discussion held.
Commissioner Alemán clarified that the Miami-Dade County advised the City that the
US CDC has confirmed that supervisors are overseeing the application of chemicals
protocols in Miami Beach. She added that the US government has bodies on the
ground from the County supervising the protocol.
9. Michael Capone expressed his respect for the City Commission and explained that
lives and health are, at this time, more important that tourism. The mosquito data
sheet released by the County was at 44 on August 23rd . The day before spraying
Naled, the mosquito count was at 21, which is a 52% reduction. After Naled, they are
now at 65% downward trend. They are also going now into a cold front, which they
know eradicates mosquitoes by a good percentage. They have had families, children
and elderly who are sick from this poison and it is a serious situation. People have
written letters about this, so based on the situation that the mosquito count is on a
downtrend already, if they aggressively do the Bti spraying door to door, then let us
recount the mosquitoes in two weeks. If the mosquito count goes up in two weeks,
then re-evaluate the use of Naled with proper warning, but if there is not an upward
trend, let us continue to use these things. They are proposing to put a two-week hold
on Naled and re-evaluate the different alternatives they have, and do it as a
community together.
Mayor Levine thanked Michael for his activism and he agreed with his concerns; this
City Commission wants to see any and all alternatives available, and sparing every
one of these aerial sprayings.
Discussion held.
10. Raquel Regalado thanked the coalition for a great work, which is a testament to what
residents do united. She commended the City for listening to the community, and
urged them to look over the County’s Zika plan issued by the Mayor’s Office on June
2016. She added that the County has failed to do its responsibility in terms of
mosquito control for the last two years; they have not conducted a scientific mosquito
control in the County other than mailing out information to citizens. It is important for
the residents to understand that this is the County’s responsibility, and the City is
responding to a crisis created by the County’s negligence. She believes this will end
in a legal matter, and that is why she is glad the coalition is speaking as to the
responsibilities of the County. She hopes the City Commission will consider the right
to be involved in the decisions made by Mosquito Control, and that as a community
they have more preventative measures, and hopes that there will be more
accountability.
11. Brandon Burke, member of the South Florida Poison Response Coalition, is in
support of his peers’ shared based on research, he added that despite last week’s
town hall meeting and what the CDC stated, there is clear evidence that the links to
Zika and microcephaly are very weak. This needs to be looked at. Mayor Levine
stated that the City is ground zero for Zika, but he agrees that they are ground zero,
but not for the Zika epidemic, but for setting the bar and standard for the rest of the
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nation and how they handle this by not spraying Naled and toxic chemicals on
people. There are safer alternatives not harmful to humans and he also suggested
looking into Wolbachia, which will be used in Key W est. He read some scientific
report regarding GMO mosquitoes regarding risks. They are in full support of the
two-week moratorium and eight-point plan, and he asked that the City Commission
take this seriously. They are looking to their leadership on the subject.
1:35:00 p.m.
1:55:00 p.m.
R9C DR. STANLEY SUTNICK CITIZEN'S FORUM.
Office of the City Clerk
ACTION : Vice-Mayor Grieco announced that no speakers were present and called for a
brief recess and will re-open the Sutnick Hour in twenty minutes.
The following individuals spoke:
1. Mathis Cohen stated that the City, in taking a look at its assets, hired a Resiliency
Department, raised $400 million outside sources to fund the mitigation plan, and
increased surge by another $100 million for income, and is taking a look at properties
that are between eight and 12 feet below sea level, BFI, which requires legislation
that allow people to make new buildings. These people will actually be living below
the water level. In addition, when looking at the idea and discussion of preservation,
the owners have shown that a property is preservation worthy, when it is resilient and
can meet the minimum health, safety and life requirements, so before they regulate
these elements into place in the City, they need to take a look at resiliency and life
safety issues. What would happen if they had a three-day storm.
2. Robert Lansburgh created a Facebook webpage called Stop the Train Miami Beach.
He is here to speak about his concerns and encouraged everyone to get fully
educated on this large proposed project for the City.
3. Stanley Shapiro prays every morning for the City and for his country. He recognized
Chief Deputy City Attorney Eve Boutsis who was honored and awarded in Miami. He
was impressed by what happened before and today. Everyone expressed their
opinions. It is difficult for the City Commission to do what is in the best interest of the
City. He recognized the City Commission for doing what is right. Miami Beach can be
proud of all the sitting boards that are made of highly professionals and devoted
individuals. He added that an ACLF should be for elderly people, and not for detox in
North Beach. He suggested an ACLF for the elderly, not for people on drugs. They
should also set up a bureau where tenants in the City who have extra rooms give a
room to homeless individuals to have a place to stay. Lastly, he stated that the
Election is coming up in November. He asked Mayor Levine if Hillary Clinton wins the
Presidency, what would happen to him if he was appointed Secretary of State. The
City Commission has to look forward to that day if it comes, and asked what
procedure is to follow.
Discussion held.
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R9 D DISCUSSION ITEM REGARDING ADDITIONAL TOOLS AND ENHANCEMENTS TO
THE CITY'S SHORT TERM RENTAL RESOURCE WEBPAGE.
Commissioner John Elizabeth Alemán
ACTION: Item deferred to the October 19, 2016 Commission Meeting. Ariel Sosa to
handle.
R9 E DISCUSSION REGARDING OCEAN DRIVE PROPOSAL SUBMITTED BY THE
CLEVELANDER.
Vice-Mayor Michael Grieco
ACTION: Item deferred to the September 27, 2016 Commission Meeting. Jeff Oris to
handle.
R9 F DISCUSSION REGARDING CARRYING OUT A NORTH BEACH DIGITAL CITIZEN
BOOTCAMP.
Commissioner John Elizabeth Alemán
ACTION: Item deferred to the October 19, 2016 Commission Meeting. Ariel Sosa to
handle.
R9 G DISCUSSION REGARDING THE CREATION OF COMMUNITY REDEVELOPMENT
AGENCY (CRA) FOR NORTH BEACH.
Commissioner Kristen Rosen Gonzalez
ACTION: Item deferred to the October 19, 2016 Commission Meeting. Jeff Oris and
Office of the City Attorney to handle.
R9 H DISCUSSION REGARDING HOMELESSNESS MONEY FROM SHORT TERM
RENTAL FINES.
Mayor Philip Levine
ACTION: Item deferred to the October 19, 2016 Commission Meeting. Maria Ruiz to
handle.
R9 I DISCUSSION ITEM REGARDING ELEVATIONS.
Commissioner John Elizabeth Alemán
ACTION: Item deferred to the October 19, 2016 Commission Meeting. Thomas
Mooney and Bruce Mowry to handle.
R9 J DISCUSSION RELATING TO THE CREATION OF A BLUE RIBBON PANEL TO HELP
GUIDE THE MODERN STREETCAR PROCESS.
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Commissioner Kristen Rosen Gonzalez
ACTION: Item deferred to the October 19, 2016 Commission Meeting. Jose Gonzalez
to handle.
4:02:06 p.m.
R9 K DISCUSSION REGARDING ADA (AMERICANS WITH DISABILITIES ACT) OPTIONS
FOR THE CITY'S TROLLEY SYSTEM.
Commissioner Kristen Rosen Gonzalez
ACTION: Discussion held. Item referred to the Neighborhood/Community Affairs
Committee by acclamation. Item heard in conjunction with item R9V. Morgan Goldberg
to place on the Committee Agenda. Jose Gonzalez to handle.
REFERRAL:
Referred to the Neighborhood/Community Affairs Committee meeting
Commissioner Rosen Gonzalez expressed her concern about low-floor trolleys. There
are handicapped residents who are having trouble getting on and off the trolleys. She is
not impressed with the alterations done so far to the trolleys to accommodate
handicapped residents. When the City takes over the South Beach Local, there should
be exclusively low-floor trolleys. She would like the South Beach Local to continue its
operation in conjunction to the service provided by the City’s low-floor trolleys. She
hopes this item can be further discussed at the next Neighborhood/Community Affairs
Committee meeting.
Vice-Mayor Grieco shares the concerns of Commissioner Rosen Gonzalez. He has met
with many Miami Beach residents who are having a difficult time with the trolleys. If the
City is going to replace the South Beach Local with the trolley system, there needs to be
either an improvement of service for everyone who uses it, or a lateral change of
service. The City needs to be more sensitive towards residents who are asking for more
accessibility, as we are trying to make things better, not worse.
Commissioner Alemán clarified that the trolley service is popular in South Beach
because of the route, not the equipment. The equipment needs to be addressed, and
improved to be low-floor. The trolley trackers and trolley schedules could indicate what
routes have low-floor trolleys, and where they are operating.
Discussion continued.
Helen Schwartz, Disability Access Committee member, asked what accommodations
are being made for the visually impaired, because many blind residents rely on the
South Beach Local.
Jose Gonzalez, Transportation Director, stated that there would be overhead
announcements for every stop. There will also be a customer service number available
to the public that provides real-time information on all routes.
Discussion continued.
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Commissioner Rosen Gonzalez stated that the County is discontinuing the South Beach
Local because of a City request. The South Beach Local is used every day, and
provides a more comfortable journey than the trolleys. She is prepared to fight for the
South Beach Local.
City Manager Morales stated that the contract for the South Beach Local expires at the
end of February. New contracts with other municipalities require the cities to cover 100%
of the costs, yet the County will still run the service. The South Beach Local busses are
the worst in the fleet, and if the City chooses to renew the service, all of the busses will
have to be replaced. Currently, all the trolleys have high-floors, and the City will soon be
getting 14 modified trolleys with kneeling capabilities. The City chose to cancel the
South Beach Local service because for years the City had received complaints from
residents about the poor experience of riding the busses. The idea was to take control
and offer better service with a better route.
Jose Gonzalez, Transportation Manager, added that the price of the low-floor Gillig
busses used by the South Beach Local is more expensive than the low-floor trolleys.
Discussion continued.
Beatriz Santos, Miami Beach resident, spoke in favor of the South Beach Local as she
uses it frequently.
Vice-Mayor Grieco suggested referring this item to the Neighborhood/Community Affairs
Committee; all other members of the City Commission agreed.
Commissioner Alemán requested that Disability Access Committee members be notified
of this item being discussed at the Neighborhood/Community Affairs Committee meeting
so that they can provide their input.
4:32:51 p.m.
R9 L DISCUSSION REGARDING THE CAFETERIA AT STELLA MARIS HOUSE.
Commissioner Kristen Rosen Gonzalez
ACTION: Discussion held. See action with item R7 D.
Commissioner Rosen Gonzalez introduced the item. She stated that the Stella Maris
Senior Citizen Center would be funded with private donations only until September 16,
2016.
Betty Ruano, from Little Havana Nutrition and Activities Center, reported that it cost
approximately $60,000 a year to fund the food and staffing to operate the Cafeteria at
Stella Maris House.
Commissioner Rosen Gonzalez asked that the City of Miami Beach provide emergency
funding, and stated she was distributing an email to Jannette Nunez from
Representative David Richardson. (In his email, Representative Richardson states that
he is committed to fighting to restore funding in the next budget cycle to the Little
Havana Activities and Nutrition Center, but even if they are successful, those funds will
not be available until July 1, 2017.) Commissioner Rosen Gonzalez informed everyone
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that the Dade Delegation to the Florida Legislature would make it a legislative priority to
restore the funding for Little Havana Nutrition and Activities Center. She requested for
the City of Miami Beach Commission to approve emergency funding to cover the cost of
meals at the Stella Maris House until July 2017; in the meantime she will continue to
seek private donations to help assist with funding. Commissioner Rosen Gonzalez made
a motion to provide emergency funding for senior citizens at the Stellar Maris House to
give them forty individual meals a day, until July 2017, which is when they should
receive the State funding.
Vice-Mayor Grieco asked to leave this as a discussion item until the budget process.
(See item R7 D.) He stated the Commission would have to move money around
because the City has already approved and allocated funding elsewhere.
Commissioner Alemán informed the Commission of a survey that determined about fifty
senior citizens from the Stella Maris House are registered to receive meals each day,
while only approximately twenty-seven seniors ate the meals each day. After they
learned the funding was going to be shut down, Commissioner Alemán learned from
another survey that twelve out of the twenty-seven seniors are eligible for in home
delivery. The fifteen residents that did not qualify for in home delivery were offered free
transportation to the Jewish Community Service Center (JCS) on 6 th street, which they
declined because of the inconvenience.
Discussion continued.
Commissioner Rosen Gonzalez stated this issue is easy to solve, they only need to
provide forty meals a day and the funding is temporally. She does not want to switch
their food choices or disrupt senior citizens by making them travel just to eat a meal.
Vice-Mayor Grieco stated they need to review budget numbers and they will leave this
item as a discussion item.
Discussion continued.
Commissioner Rosen Gonzalez asked for two week of emergency funding.
Commissioner Arriola stated One Miami Beach, Inc. could possibly fund the meals.
Commissioner Rosen Gonzalez attempted to get funding through One Miami Beach,
Inc. and she has been unsuccessful. As of now, David Martin and Tremont Towing have
funded the meals Stella Maris House, but the funds will conclude on Friday, September
16.
Commissioner Arriola stated he will see what he can do to help, and stated that he
never received communication regarding the request to One Miami Beach.
Commissioner Steinberg stated they need to discuss this item during the budget item
(R7 D), and she believes they should fund the Stella Maris House for a short time until a
long-term solution is resolved.
Vice-Mayor Grieco stated that they are committed to the concept; they just need to
determine where the money will come from.
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Commissioner Rosen Gonzalez told Betty Ruano that they will fund the Stella Maris
House, and she will keep her updated on how they will be funding the Stella Maris
House.
Discussion continued.
Handouts or Reference Materials:
1. Email from David Richardson, dated September 14, 2016, addressed to Jannette Nunez,
copying Betty Ruano bruano@lhanc.org, of Little Havana Nutrition and Activities Center, with
the Subject: “Comments for CMB Commissioner KRG.”
5:37:57 p.m.
R9 M DISCUSSION REGARDING THE MIAMI BEACH BOWL.
Tourism, Culture, and Economic Development
ACTION: Discussion held. Max Sklar to handle.
Max Sklar, Tourism, Culture, and Economic Development Director, introduced the item.
Mr. Sklar stated the City of Miami Beach has been a title sponsor of the Miami Beach
Bowl since its inception and the City sponsorship has been $150,000 annually. The
Miami Beach Bowl would like to further their sponsorship with a longer-term commitment
from the City, with the amount of the City contrition increasing from the current $150,000
to $175,000 for the first year, escalating to $250,000 on the fourth year. Mr. Sklar asked
the Commission for direction on how to proceed because it would be subject to annual
budget approval.
Commissioner Arriola asked Max Sklar if it is possible to pull out of the agreement in the
future due to budget issues.
Max Sklar said it is possible; they would structure the agreement to do so.
Discussion held.
Commissioner Rosen Gonzalez does not support funding the Miami Beach Bowl and
she would rather give money to the Bass Museum.
Max Sklar said the funds come from the resort tax not general funds, and it is possible
shift funds from the Miami Beach Bowl to the Bass Museum.
Discussion held.
Scott Drake, President of the Miami Beach Bowl, introduced his team. The Miami Beach
Bowl has been in operation for two years; December 19, 2016 will be the third year for
the Miami Beach Bowl. In 2014, Miami Beach Bowl conducted a study and concluded
that the sponsorship has an economic impact to the community of $20 million dollars a
year. Approximately 90 million viewers watch the Miami Beach Bowl with exposure of
the name “Miami Beach” on the fields, the game patch, and the end zones and provides
television exposure to the City of Miami Beach. The Miami Beach Bowl will also have
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other events on Miami Beach in addition to the main event. In partnership with the
Loews Hotel and the City of Miami Beach, they are proposing a beach cleanup with
about 300 volunteers this December, working with the City Special Events Office and the
Office of the City Manager. Additionally they will offer discounted prices for the residents
of Miami Beach to attend the game in December.
Commissioner Steinberg suggested the Greater Miami Convention & Visitors Bureau
(GMCVB) to sponsor those items.
Vice-Mayor Grieco stated the budget system is in place for a reason and they cannot
defund one organization and give it to another on the dais. Commissioner Arriola and
members of the Finance & Citywide Projects Committee have put a budget together
over several months. The budget was addressed at different levels. To defund things
before the budget hearing is not fair to the process or to the Finance & Citywide Projects
Committee. Vice-Mayor Grieco would like to take a solid approach and defer this issue
to members of the Finance & Citywide Projects Committee.
Commissioner Alemán stated the Finance & Citywide Projects Committee had three
public budget hearings and discussed the value of dollars spent. They were three very
detailed budget sessions, and she is uncomfortable doing things on the fly without
understanding the ramifications. The Greater Miami Convention & Visitors Bureau
(GMCVB) is not present to give testimony about the value that Miami Beach Bowl brings
to the City, County, and overall tourism.
Commissioner Rosen Gonzalez wants to discontinue the Beach Bowl and fund an event
in her hometown. She is unsure about the tourist impact the Miami Beach Bowel has.
City Manager Morales stated that subsequent to budget meetings, the Miami Beach
Bowl requested higher funds and a multiyear agreement increased and that is why it is
in front of this City Commission.
Discussion continued regarding attendance at events and revenue generated.
Scott Draper stated the Miami Beach Bowl brings in approximately 18,000 to 20,000
visitors from out of town.
Discussion continued regarding the approximate amount of money the event brings in.
Commissioner Steinberg wanted to confirm the reason the Miami Beach Bowl
discussion was due to the request for higher funds and a multiyear agreement.
Vice-Mayor Grieco stated the Miami Beach Bowl will not be receiving extra money this
year and agreeing on a multiyear funding agreement is not important today, therefore
budget discussions regarding this item will be postponed to a later date.
Commissioner Steinberg would like to refer Scott Draper to the Visitor Convention
Authority (VCA).
Scott Draper confirmed they do get money from the Visitor Convention Authority (VCA).
Handouts or Reference Materials:
1. Email from Jimmy Morales dated September 14, 2016 RE: Miami Beach Bowl.
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R9 N DISCUSSION REGARDING THE LIGHTING AND SECURITY AT MONUMENT
ISLAND.
Commissioner Kristen Rosen Gonzalez
ACTION: Item deferred to the October 19, 2016 Commission Meeting. John Rebar to
handle.
R9 O DISCUSSION REGARDING CLEANUP AND LIGHTING OF HISTORIC FLAGLER
MEMORIAL ON MONUMENT ISLAND.
Mayor Philip Levine
ACTION: Item deferred to the October 19, 2016 Commission Meeting. John Rebar to
handle.
R9 P DISCUSSION REGARDING AMOUNT OF AND CONTENT OF SIGNAGE IN THE
CITY.
Vice-Mayor Michael Grieco
ACTION: Item deferred to the October 19, 2016 Commission Meeting. Office of the
City Attorney and Hernan Cardeno to handle.
R9 Q DISCUSSION REGARDING THE EXPIRATION OF THE MANAGEMENT AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI BEACH GARDEN
CONSERVANCY FOR THE BOTANICAL GARDEN.
Tourism, Culture and Economic and Development
ACTION: Item deferred to September 27, 2016 Commission Meeting. Max Sklar to
handle.
R9 R A DISCUSSION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, TO CONSIDER ACCEPTING THE APPLICATION FOR A SPECIAL
EVENT ROAD AND LANE CLOSURE OF COLLINS AVENUE FROM 29 TO 36
STREETS ON SUNDAY, NOVEMBER 27 FROM 8:00 AM TO 7:00 PM FOR FAENA
HOTEL AND ARTS DISTRICT OPENING PROCESSION.
Tourism, Culture and Economic Development
ACTION: Item deferred to September 27, 2016 Commission Meeting. Max Sklar to
handle.
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5:22:15 p.m.
R9 S DISCUSSION REGARDING MOVING FIRE HYDRANTS INTO BUMP OUTS TO
CREATE MORE PARKING IN BISCAYNE BEACH, OR POSSIBLY MAKING BUMP
OUTS SMALLER.
Commissioner Kristen Rosen Gonzalez
ACTION: Discussion held. Item referred to the Neighborhood/Community Affairs
Committee (NCAC). Motion made by Commissioner Rosen Gonzalez to refer to NCAC;
seconded by Commissioner Steinberg; Voice vote: 5-0; Absent: Mayor Levine and
Commissioner Malakoff. Morgan Goldberg to place on the Committee Agenda. Eric
Carpenter, Chief Virgil Fernandez, David Martinez, and Saul Frances to handle.
REFERRAL:
Neighborhood/Community Affairs Committee of September 16, 2016.
Commissioner Rosen Gonzalez introduced the item and asked Paula King, Vice
President of the Biscayne Beach Association to explain the item.
Ms. King stated that residents of Biscayne Beach are concerned because residents,
especially women, do not feel safe when having to look for parking spaces late at night,
and when they do such spaces are long distances from their residences. Ms. King
added that residents are fighting over limited parking spaces and when they find a
space, it is at times far from their homes, which makes it difficult to carry groceries back
to their homes due to the parking issues. The lack of parking spaces are caused by the
placement of the bulb outs and fire hydrants. Ms. King feels that the residents have a
large number of parking spaces, and she feels the bulb outs could be made smaller. The
fire hydrants could also be placed inside the bulb outs. The street has been opened four
times in the last three years, and she asked why no one thought of this. It was poor
planning to open streets but not move the fire hydrants to proper places.
Commissioner Rosen Gonzalez, in order to be proactive, asked if they could remove
bump outs and add more parking; she also asked Ms. King where the is the location that
a parking garage could be built in neighborhood.
Ms. King believes the lot is next to the pumping station on Hawthorn, which is City
owned property. Ms. King suggested that a small garage could be built at this lot for the
residents of Biscayne Beach.
Commissioner Gonzalez wants to refer this issue, to discuss fully the bump outs, fire
hydrants and parking garage, to the next Neighborhood/Community Affairs Committee
meeting, which occurs on September 16, 2016.
Mary-Anne Santamaria said there is paperwork that has been submitted to the Parking
Department of a markup plan for the parking spaces; after several months, they have
not received any feedback.
Kirk Paskal stated that residents of Biscayne Beach truly need a parking structure so
they can live normal lives.
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R9 T DISCUSSION AND REFERRAL TO THE LAND USE AND DEVELOPMENT
COMMITTEE REGARDING HOME BASED BUSINESSES.
Commissioner Kristen Rosen Gonzalez
ACTION: Item deferred to the October 19, 2016 Commission Meeting. Allison
Williams, Thomas Mooney, Hernan Cardeno and Office of the City Attorney to
handle.
R9 U DISCUSSION REGARDING AN AMENDMENT TO THE AGREEMENT BETWEEN THE
CITY AND CLEAR CHANNEL ADSHEL, INC., DATED OCTOBER 17, 2001, TO
CONSTRUCT, OPERATE AND MAINTAIN BUS SHELTER STRUCTURES AND
OTHER STREET FURNITURE THROUGHOUT THE CITY, PURSUANT TO REQUEST
FOR PROPOSALS NO. 107-99/00.
Transportation
ACTION: Item deferred to the October 19, 2016 Commission Meeting. Jose Gonzalez
to handle.
R9 V DISCUSS IMPLEMENTING ALL ORDERED LOW-FLOOR TROLLEYS AS PART OF
THE SOUTH BEACH LOOP.
Vice-Mayor Michael Grieco
ACTION: Item heard in conjunction R9 K.
12:36:25 p.m.
R9 W A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO SEND A LETTER TO
THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES TO REQUEST
PERMISSION FROM THE U.S. FOOD & DRUG ADMINISTRATION (FDA) TO
EXPLORE THE PROSPECT OF USING GENETICALLY MODIFIED MOSQUITOES TO
COMBAT MOSQUITOES CARRYING THE ZIKA VIRUS IN THE CITY OF MIAMI
BEACH AND URGING MIAMI-DADE COUNTY (COUNTY) TO LIKEWISE REQUEST
PERMISSION FROM THE FDA TO EXPLORE THE PROSPECT OF USING
GENETICALLY MODIFIED MOSQUITOES TO COMBAT MOSQUITOES CARRYING
THE ZIKA VIRUS IN COUNTY.
Commissioner Rosen Gonzalez
ACTION: Discussion held. Resolution 2016-29574 approved . Motion made by
Commissioner Rosen Gonzalez to send a letter to the FDA asking for permission to
explore the GMO mosquito alternative and Wolbachia use, and send a Resolution to the
County urging them to write a similar letter to the FDA; seconded by Commissioner
Arriola. Voice vote: 4-1; Opposed: Commissioner Malakoff; Absent: Vice-Mayor Grieco
and Commissioner Steinberg. Office of the City Attorney to handle.
Commissioner Rosen Gonzalez stated that the City needs to explore every option in
battling Zika. She would like to send a letter to the Food and Drug Administration (FDA)
asking for permission to explore the genetically modified organism (GMO) mosquito
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alternative, and send a Resolution to the County urging them to write a similar letter to
the FDA.
Mayor Levine agreed that the City needs to explore any and all alternative options to the
use of Naled.
Dr. Derric Nimmo, Oxitec Representative, had a PowerPoint presentation, which can be
seen here. He detailed the technology behind the “self-limiting” gene present in the
GMO mosquitoes. Every one of their trials throughout the world has proven effective.
They have been working on this technology since 2002. In Brazil, they have received
permission to release the GMO mosquito anywhere to help fight the Zika problem.
Commissioner Arriola asked whether this technology would potentially breed these
mosquitoes out of existence.
Dr. Nimmo replied that although Oxitec would never claim eradication, it is a possibility.
He added that the Aedes aegypti is an invasive species, and its eradication would
actually bring things back to normal.
Discussion continued.
Commissioner Steinberg stated that she needs more information in order to vote on the
item. She added that she is wary of anything that has been genetically modified.
Discussion continued.
David Bethume, Florida Keys resident, spoke against Oxitec and what he called their
dealings in dirty politics. He informed everyone present of the GMO mosquito lab in
Marathon Key, which was built with Oxitec money. He encouraged the City Commission
to investigate this. He compared Oxitec’s GMO mosquitoes to the GMO dinosaurs from
the 1993 movie Jurassic Park, and explained that there is no way to predict how nature
will respond to foreign DNA.
Mayor Levine reminded everyone that the City does not operate the mosquito control
program that is the County’s jurisdiction. He added that Commissioner Rosen Gonzalez
simply wants further investigation on GMO mosquitoes in case the County and State
choose to use it in the future.
Commissioner Rosen Gonzalez explained her motion. She wants the City to send a
Resolution to the County asking them to send a letter to the FDA for permission to
explore GMO mosquitoes and Wolbachia use, and send a letter from the City to the FDA
asking for the same permission.
Milagros Muehr, Florida Keys resident, stated that the FDA does not consider GMO
mosquitoes to be a solution. The Florida Keys eradicated dengue, by a boots on the
ground approach.
Barry Wray, Isla Morada resident, stated that he does not like the holes in the process
Oxitec uses. They want both sides of the story heard.
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Commissioner Alemán asked for no more Zika items to be heard during this meeting, as
the majority of the public who came to the meeting to discuss Zika were no longer
present. This was unanimously agreed to.
Handouts or Reference Materials:
1. Email from David Richardson david@davidforfolida.com dated September 14, 2016 at 10:30
AM to Jannete Nunez and copy to bruano@lhanc.org RE: Comments for CMB
Commissioner KRG.
R9 X DISCUSSION ON AWARD OF $60,000 FOR ENVIRONMENTAL GRANTS PROVIDED
BY THE BOUCHER BROTHERS MIAMI BEACH LLC PUBLIC BEACHFRONT
CONCESSION AGREEMENT AND THE FRANCHISEE WASTE HAULER
AGREEMENT.
Environment & Sustainability
ACTION: Item deferred to the October 19, 2016 Commission Meeting. Elizabeth
Wheaton to handle.
R9 Y DISCUSSION REGARDING THE CREATION OF VOLUNTARY SMOKE FREE
ZONES/BLOCK ON THE BEACH SAND.
Environment & Sustainability
ACTION: Item deferred to the October 19, 2016 Commission Meeting. Elizabeth
Wheaton to handle.
R9 Z DISCUSSION TO CONSIDER "VERTICAL GARDENS" ON HIGHWAY PILLARS AND
OVERPASSES IN LIEU OF OR IN ADDITION TO PAINTING.
Commissioner John Elizabeth Aleman
Co-sponsored by Commissioner Joy Malakoff
ACTION: Item deferred to the October 19, 2016 Commission Meeting. Eric Carpenter
to handle.
R9 AA DISCUSSION REGARDING PROPOSED INTERCEPTOR GARAGE AT 1623 WEST
AVENUE (LOT NO. P23).
Parking
ACTION: Item deferred to September 27, 2016 Commission Meeting. Saul Frances to
handle.
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5:15:29 p.m.
R9 AB DISCUSSION TO INCLUDE A COMMUNITY RESOURCE PAGE FOR HISPANICS
WITHIN THE CITY'S WEBSITE IN BOTH ENGLISH AND SPANISH.
Commissioner John Elizabeth Alemán
ACTION: Discussion held. Direction given, by acclamation, to create a community
resource page for Hispanics within the City’s website in both English and Spanish
(Absent: Mayor Levine and Commissioner Malakoff.) Katherine Gonzalez, Ariel Sosa,
and Tonya Daniels to handle.
DIRECTION:
Create a community resource page for Hispanics within the City’s website in both
English and Spanish.
Commissioner Alemán stated that Alex Fernandez, Chair of the Hispanic Affairs
Committee, had transmitted an LTC (See LTC # 329-2016) recommending the launching
of a community resource page for Hispanics within the City’s website in both English and
Spanish. She hopes her colleagues support the idea.
Alex Fernandez, Chair of the Hispanic Affairs Committee, explained that this was Herb
Sosa’s item, and the members of the Hispanic Affairs Committee unanimously
supported the idea; there is a section of this community that may not be able to read the
City English only webpage or make it to City meetings, so the idea arose to work with
the Administration in helping disseminate the vast information that is available in the
City’s webpage to Spanish speaking residents, some of whom are victims of domestic
violence and/or the victims of human trafficking. The members of the Hispanic Affairs
Committee thought it would be appropriate to have a webpage in Spanish and English
for residents to access this information. Additionally, there are many services that are
currently available from the Federal or State governments but some individuals in the
community are not aware of them; the community resources page could list these
services. Mr. Fernandez thanked the City Commission for the City’s support.
Discussion held.
Commissioner Alemán requested the City liaison to the Hispanic Affairs Committee to
be the conduit between the Hispanic Affairs Committee and the Administration on this
project. The Administration will need the input from the Hispanic Affairs Committee to
create and maintain this resource page.
R9 AC DISCUSSION ITEM TO ADDRESS THE NEED TO UPDATE THE CITY CODE
RELATED TO DETOX CENTERS, GROUP HOMES, AND SIMILAR INSTITUTIONAL
USES IN RESIDENTIAL NEIGHBORHOODS.
Commissioner Kristen Rosen Gonzalez
Co-Sponsored by Vice-Mayor Michael Grieco
ACTION: Item withdrawn by Commissioner Rosen Gonzalez.
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R9 AD DISCUSSION TO CONSIDER SUPPORTING THE UNIVERSITY OF MIAMI BIKE SAFE
PROGRAM IN MIAMI BEACH FEEDER PATTERN PUBLIC SCHOOLS.
Commissioner John Elizabeth Alemán
ACTION: Item R9 AD was moved to Consent as item C7 AN.
R9 AE DISCUSS AND CONSIDER FOR ADOPTION THE 10 POINT PROPOSAL FOR OCEAN
DRIVE.
Commissioner Ricky Arriola
ACTION: Item deferred to September 27, 2016 Commission Meeting. Jeff Oris to
handle.
The September 27, 2016 Presentation and Awards Meeting will commence at 4:00 p.m.
per Commissioner Steinberg’s request; by acclamation.
R9 AF DISCUSSION REGARDING THE CURRENT STATE OF THE EVERGLADES AND
LAKE OKEECHOBEE.
Commissioner Ricky Arriola
ACTION: Item deferred to October 19, 2016 Commission Meeting. Elizabeth Wheaton
to handle.
R9 AG DISCUSSION REGARDING THE MAYOR'S AD HOC BLUE RIBBON STEERING
COMMITTEE ON THE CONVENTION CENTER HOTEL.
Commissioner Ricky Arriola
ACTION: Item R9 AG was moved to Consent as item C7 AM.
R9 AH DISCUSSION/PRESENTATION ON MAKING MIAMI BEACH A "CITY OF KINDNESS."
Commissioner Micky Steinberg
ACTION: Item deferred to September 27, 2016 Commission Meeting.
12:28:27 p.m.
ADDENDUM MATERIAL 1
R9 AI STATUS OF THE 2016 AIR & SEA SHOW EVENT / DISPUTE REGARDING
REIMBURSEMENT OF CITY EXPENSES.
Office of the City Attorney
ACTION: Direction given. Motion made by Commissioner Arriola to have the
Administration finalize the estimate for the event-related expenses, transmit the final
estimates to the applicant, and should the applicant continue to refuse to pay, authorize
the Administration and City Attorney to pursue all legal remedies; seconded by
Commissioner Alemán; Voice vote: 5-0. Absent: Vice-Mayor Grieco and Commissioner
Steinberg. Max Sklar and Office of the City Attorney to handle.
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Raul J. Aguila, City Attorney, stated that at the last meeting in July, the City Commission
directed him to notify the Air and Sea Show of a potential dispute in the interpretation of
the agreement regarding the reimbursement expenses by the Air and Sea Show and the
City. He sent them a letter, a copy of which was enclosed in the packet in Addendum
Material 1, and they have responded disagreeing with the City’s position. What City
Attorney Aguila is requesting is for Administration to finalize the estimate for the event
related expenses so he can transmit it to the Air and Sea Show. If there is still a dispute
after that transmission, City Attorney Aguila will look into available remedies under the
contract.
Mayor Levine asked what the disputed amount of money is.
City Attorney Aguila replied that when the City chose to enter the Air and Sea Show,
everyone on the dais understood that the City would continue to be responsible and
contribute expenses that it normally undertakes on Memorial Day Weekend. Any
expenses after a certain threshold would be borne by the Air and Sea Show, and then
after that 50% by each party. The Air and Sea Show is disputing this interpretation and
is alleging that the number that the City is required to contribute should be specifically
for the event, and they are not required to contribute after that. We are talking about a
significant dollar amount that the City would be responsible for before the Air and Sea
Show begins.
City Manager Morales stated that he provided a very conservative number of $1.5
million in costs to the Air and Sea Show.
Max Sklar, Tourism, Culture, & Economic Development Director, stated that they are still
trying to fine-tune the numbers in the next two weeks.
Discussion held.
Commissioner Rosen Gonzalez suggested having termination clauses in all future
contracts, to avoid similar situations.
Mayor Levine recommended giving the Air and Sea Show the amount they owe, and if
they refuse, place them in default.
Commissioner Alemán asked for the estimates, and whether this would affect the World
Out Games.
Mr. Aguila stated that he has been quoting $1.8 million in his communications with the
Air and Sea Show.
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New Item
9:17:38 a.m.
R9 AJ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, URGING THE FLORIDA DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES (STATE) AND MIAMI-DADE COUNTY (COUNTY) TO
AGGRESSIVELY PURSUE AND EXPLORE ALL NON-TOXIC AND SAFE
ALTERNATIVES TO NALED TO CONTROL MOSQUITOES CARRYING THE ZIKA
VIRUS IN THE CITY OF MIAMI BEACH (CITY), AND TO ENGAGE INDEPENDENT
MEMBERS OF THE SCIENTIFIC COMMUNITY, AS WELL AS CITY STAKEHOLDERS,
TO EXPLORE ALL SUCH ALTERNATIVES; URGING THE STATE TO OPEN ITS
REQUEST FOR PROPOSAL PROCESS TO ALLOW FOR THE PROCUREMENT OF
ALTERNATIVES TO NALED; AND, URGING THE COUNTY TO ALLOCATE
ADDITIONAL FINANCIAL RESOURCES FOR THE AERIAL SPRAYING OF THE
ENVIRONMENTALLY FRIENDLY LARVICIDE Bti THROUGHOUT THE CITY AND TO
REVIEW ALL AVAILABLE DATA TO EVALUATE WHETHER THE USE OF NALED IS
NECESSARY PRIOR TO ANY AND ALL FUTURE SPRAYING OF NALED IN THE
CITY.
Sponsored by the City Commission
ACTION: Resolution 2016-29575 adopted as amended. Motion made by
Commissioner Rosen Gonzalez, seconded by Commissioner Arriola to 1) Urge the
Florida Department of Agriculture and Consumer Services and Miami-Dade County to
aggressively pursue and explore all non-toxic and safe alternatives to Naled to control
mosquitoes carrying the Zika virus in the City of Miami Beach; 2) Engage independent
members of the scientific community, as well as City stakeholders, to explore all such
alternatives; 3) Urge the State to open its Request for Proposal (RFP) process to allow
for the procurement of alternatives to Naled; 4) Urge the County to allocate additional
financial resources for the aerial spraying of the environmentally friendly larvicide Bti
throughout the City 5) Review all available data to evaluate whether the use of Naled is
necessary prior to any and all future spraying of Naled in the City. Susy Torriente to
handle.
MOTION 1:
Motion made by Commissioner Rosen Gonzalez to urge, via a Resolution to the County
and the State, to open up an RFP in terms of increasing the amount of options for
mosquito control as the City does not want any more Naled spraying; seconded by
Commissioner Arriola. Approved by acclamation. Item cosponsored by the entire City
Commission.
AMENDMENTS TO MOTION 1:
FINAL MOTION AS AMENDED:
1. Urge the State via a Resolution to open up an RFP process to allow all alternatives
to Naled to be considered for mosquito control
2. Move resources currently being used for aerial spraying to Bti spraying or larvicide
3. Aggressively pursue all non-toxic solutions that are not Naled
4. Apply environmentally friendly Bti larvicide in all other sections of Miami Beach that
are not within the zone
5. Review mosquito control statistics before next Sunday’s spraying
6. Create independent scientific panel to explore alternatives, including all
stakeholders, the Department of Health, the Department of Agriculture, all the
universities, and have a team including activists
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Mayor Levine asked City Manager Morales to introduce the individuals that are in the
audience to present.
Jimmy L. Morales, City Manager, explained that after the recent Emergency Workshop,
and in trying to find responses to some of the comments and questions, they reached
out to folks in the community and agencies involved, to have experts give answers to the
questions. He introduced Margaret (Peggy) Honein, PhD; MPH Chief, Birth Defects
Branch, National Center on Birth Defects and Developmental Disabilities, CDC, Dr.
Christine Curry; OB/Gyn at UM Jackson, Anna Marie Likos, MD; MPH Director for the
Division of Disease Control and Health Protection, Florida Department of Health, Davis
Daiker, Chief, Bureau of Scientific Evaluation and Technical Assistance and Douglas
Fuller , Chair of the UM Department of Geography. He introduced from the County Dr.
Lillian Rivera, Miami-Dade Director of the Florida Department of Health; Alina Tejeda-
Hudak, Miami-Dade County Deputy Mayor (Oversees Mosquito Control); Susan
Jennings, EPA, Public Health Coordinator; Billy Smith, Deputy Director, Office of
Pesticide Program; Jeff Dolson, Senior Scientist Chemist; Dr. Janet McAllister, CDC,
and Barbara Reynolds , PhD, Senior Advisor to the Office of Associate Director , CDC.
They reached out to the two major local universities and to answer further questions
present in the audience are Mario Stevenson, Ph.D., Chief of the Division of Infectious
Diseases; Dr. John Byer, Professor of Public Health Sciences; Dr. Ivan Gonzalez,
Pediatrics and Infectious Diseases; Dr. Paola Lichtenberger, Infectious Disease
Specialist and Director of Tropical Diseases Program; J. Sunil Rao, Ph.D., Professor &
Interim Chair, Department of Public Health Sciences, UM, and from FIU, Tomás R.
Guilarte, Dean of School of Public Health.
Mayor Levine stated that the City Commission want to listen to other people and they
want to hear other experts; the community brought out relevant points and everyone in
the City Commission is looking for alternative ways to accomplish the same goal. There
are deep concerns over the aerial spraying, and he thinks it is important for them to
listen to the scientists and the experts, since he is not an expert or a scientist, and no
one in the dais is either, so he requested that they listen.
Commissioner Rosen Gonzalez stated that this is a serious situation they are facing, and
she is not sure what chemicals are the proper ones to use; she has three children that
she is concerned about, so this is everyone’s problem. She reminded the audience that
they are looking at alternative solutions; they do not want lawsuits, they want solutions,
dialogue and independent research that they can trust, and more importantly, they hear
the community. Everyone on this dais has heard the public outcry on social media. She
asked that they make this a productive dialogue. She asked that they listen to the City
Commission as well, as they move forward in this dialogue and show mutual respect.
There was consensus among the members of the City Commission to hear the experts.
City Manager Morales pointed out that Dr. Honein is live via telephone conference call.
Mayor Levine introduced Dr. Honein.
Margaret (Peggy ) Honein, PhD, MPH Chief, Birth Defects Branch, CDC, National Center
on Birth Defects and Developmental Disabilities, explained that she is also currently with
the Pregnancy And Birth Defects Task Force within CDC Zika response.
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Commissioner Arriola asked what they know to date and what the trends are on birth
and child birth defects from mothers infected with the Zika virus.
Dr. Honein thinks that there is a daily growing evidence of the cause of link between Zika
virus infection during pregnancy and adverse pregnancy outcome. They know Zika virus
can cause microcephaly and brain abnormalities in infants; evidence suggests that there
is a higher risk when infections occur during the first and second trimester of pregnancy.
Zika virus infection during pregnancy has also been associated with ocular abnormality
development and other adverse effects linked to damage to the brain, such as
congenital hearing loss, abnormal joint problems such as stiff joints, clubfoot, and they
expect to learn more. There is growing data to suggest that some babies that appear at
first normal may have problems not identified immediately at birth, so it is important to
monitor.
Commissioner Arriola stated that he is expecting a baby in a couple of months and he
has seen studies in Colombia, as well as Puerto Rico, where there is a high infection of
pregnant women with Zika, but the evidence is not a correlation between the Zika virus
and microcephaly. He asked if she could comment on that.
Dr. Honein explained that there are cases of Zika virus related microcephaly reported
from Brazil, Palo Verde, Canada, Costa Rica, Colombia, the Dominican Republic, El
Salvador, French Guiana, French Polynesia, Haiti, Honduras, Marshall Islands,
Martinique, Panama, Paraguay, Puerto Rico, Spain and the United States. They have
worked closely with the Ministry of Health and the National Health Institute in Columbia
and continue to evaluate cases of microcephaly that are being reported there. They
reported photos of a case of a Colombian mother infected during pregnancy with the
Zika virus whose baby was born with microcephaly. There is more work to be done to
categorize what the risk of microcephaly is from the virus as far as percentage risk;
however, there is no doubt that Zika virus infection during pregnancy causes
microcephaly and brain abnormalities in the fetus.
Commissioner Alemán stated that some of the community is concerned that the
prescription is worse than the disease, and asked Dr. Honein to speak about the similar
birth defects caused by pesticides, and particularly Naled, which is what is being used
for the Adulticide mosquito control in the County.
Dr. Honein deferred the answer to her colleagues from EPA.
Discussion held.
Commissioner Rosen Gonzalez inquired about the local and State statistics; aside from
microcephaly; are there 80 Zika positive pregnant women in the State of Florida? She
knows locally there were 50 Zika positive pregnant women and one baby was born with
microcephaly, one was born with ocular abnormalities, which is 13.3% rate. She asked if
she has different numbers at this point, and further asked what the statistics at State
level are.
Dr. Honein stated that the numbers statewide are gathered every Thursday and posted
on their website; the total number of pregnant women with laboratory evidence of Zika
virus infection and also the average number of pregnancy outcome that have been
documented to date. For Florida numbers, she deferred to Dr. Likos.
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Anna Marie Likos, MD, MPH Director for the Division of Disease Control and Health
Protection, Florida Department of Health, (via telephone conference), explained that they
follow pregnant women and approximately half of those have delivered, and the last
count done showed at least two babies were born with microcephaly. In answering
Commissioner Rosen Gonzalez, she answered that there are no actual statistics to date
on oculitis or other abnormalities, as they continue discovering and monitoring the
results; however, those babies born to Zika virus infected women are being followed for
side effects over the next several years.
Mayor Levine introduced Dr. Daiker.
Commissioner Arriola asked Dr. Daiker to comment on the level of spraying of the Naled
pesticide and explain his knowledge of what the City is doing and his opinion on the
health to human risk to that spraying.
Commissioner Alemán explained that they are in an urban environment on a seven-mile
island, surrounded by marine environments on both sides, and people are concerned
about the urban nature of the City and exposure to the beaches and the water.
Davis Daiker, Chief, Bureau of Scientific Evaluation and Technical Assistance, Florida
Department of Agriculture, stated (via telephone conference) that since the first travel
associated Zika cases were diagnosed in January, the Department of Agriculture has
worked with other local mosquito control programs to provide technical support and
other resources to support their efforts. Concerning the aerial use of Naled or any
pesticide to control pests, it is critical to recognize that there is a distinction between the
toxicity of the chemical and the risks that it can actually pose to the population or
organisms. The assessment of risks or the likelihood of an adverse effect is the function
of both, toxicity of chemical, and the potential for exposure. This is what the EPA takes
into consideration when evaluating the registered uses of a product. It is extremely
important to consider that the risk exposed by any active ingredient is dependent on the
use pattern and the application rate; specifically with regards to Naled, the application
rates for agriculture are significantly higher than those associated with mosquito control,
so it is appropriate to not compare apples to oranges when evaluating the risks when
use for mosquito control. Again, if the intersection of the toxicity of a chemical and the
exposure that is the foundation for risk assessment and the foundation of the EPA, as
well as other authoritative bodies approach to regulating pesticide use. EPA has
reviewed the uses of Naled, which has been registered in the United States since 1959
for both agriculture and mosquito control, and EPA will continue to review these
pesticide active ingredients under its registration review program, which is a program
within the EPA, whereby they review toxicity and risk information related to virtually any
active ingredients on a 50 year cycle, to ensure that it meets today’s toxicological and
risk assessment benchmarks. Under EPA regulatory program, Naled is approved for use
in mosquito control and has been used over millions of acres nationwide. Data from
2014 chemical usage report shows that in Florida alone, Naled was applied over almost
six million acres in Florida, without appreciable incidents to fish, birds or reports of
adverse incidents to human health population. EPA evaluates numerous toxicity and
environmental studies which are conducted on male and surrogate species such as
mice, guinea pigs, rats, dogs and rabbits, as well as three varieties of birds, fish,
honeybees and other insects and invertebrates. EPA then conservatively estimates the
amount of exposure that could be likely under various application scenarios; in EPA’s
assessment, they have determined the level of exposure from use in mosquito control
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would present a negligible risk to the general public, and it relates to health issues
related to cancer, birth defects, irritancy to the eyes or skin and other systemic effects;
again this is based on the toxicity of Naled and the likelihood for exposure. In mosquito
control, Naled is applied in about 2/3 of an ounce of product applied over an acre and it
is an extreme low rate. Further, the label encourages the applications two hours before
sunrise or two hours after sunset to mitigate risks and exposure to the human population
as well as mitigate risks to honey bees.
Vice-Mayor Grieco asked Dr. Daiker who arranged for this telephone call today. Dr.
Daiker explained that he was asked to participate by his management. Vice-Mayor
Grieco asked if he had an opportunity to listen to the testimonies of the experts that
spoke during Sutnick Hour. Dr. Daiker answered in the affirmative.
Mayor Levine clarified that the City asked the experts to come and speak.
City Manager Morales explained that the Florida Department of Agriculture has been
involved in this process long before the City was involved, as they are the mosquito
control agency for the State, and the experts are part of the process.
Commissioner Alemán explained that now that they know that there are countries
around the world where Zika is an epidemic with its related results, and the fact that
Miami Beach is a travel destination, and tourists are going to continue to visit the City;
this is going to become an ongoing concern. She asked if the emergency use of Naled to
control an outbreak in the United States is being investigated by the Department of
Agriculture, and if there are any other options for use instead of Naled in a marine
proximity and an urban environment.
Dr. Daiker stated that Naled is used to control adult mosquitoes, but another factor that
has to be taken into consideration is the potential for resistance development to
pyrethroid insecticides. They have seen populations in the Florida Keys as well as
suggestion of resistant development in the Miami-Dade area. Relying solely on
pyrethroid is a dangerous path to go by, and Naled offers another alternative for
controlling adult mosquitoes. As far as future products, they are depending on chemical
companies to develop and support these products. They do register chemical
alternatives and are aware of Wolbachia. The gentleman that gave his testimony in the
morning mentioned that Wolbachia has been approved, but it is only approved for
experimental use, and only on limited acres, but if the Department of Agriculture is
approached to make a full registration decision on Wolbachia, a determination will be
made, as they see it as a valuable tool in this campaign.
Commissioner Arriola asked, with respect to the experimental alternatives, what is the
process by which the City signs up for such an experiment.
Dr. Daiker stated that they would have to work through the registrant of that product to
have them work with the EPA, as they were given a Federal experimental use permit,
and they would need to request to the EPA that the experimental use permit be
expanded to include this geographic area.
Discussion held.
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Vice-Mayor Grieco explained that action item C7 AH is intricately involved in this specific
conversation and he requested that this Resolution be addressed as part of this
conversation.
Mayor Levine assured Vice-Mayor Grieco that his item would be heard.
Commissioner Rosen Gonzalez suggested exploring an alternative Resolution stating
that they are aggressively pursuing alternatives to Naled, something that is proactive
and based on solutions, and suggested sending a letter to the County, State and Federal
government, stating that they are unhappy with Naled, and they would like to look at
Wolbachia, the genetically modified mosquito, and all nontoxic options.
Discussion continued.
Mayor Levine stated that the City has a tremendous amount of concern in the
community regarding the spraying of Naled, and he asked Dr. Jennings to educate them
on its effects.
Susan Jennings, EPA, Public Health Coordinator, stated that whatever comes out of
their risk evaluation, there are a number of things the EPA can do, even if the risk
evaluation shows that something as proposed is going to be a risk. There are things that
can be done during applications, such as spraying Naled when people are not around
and for aerial application of Naled; the important factor is to have the proper size
application rate. The smaller the application rate is, the less the risks. Dr. Daiker
explained the process regarding United States regulations of the chemical use and they
agree with what he said. On the label, they have very explicit application instructions.
Jeff Dolson, Senior Scientist Chemist, EPA Pesticide Program, spoke on behalf of his
colleagues (via telephone conference), and explained that they actually do the human
health risk assessment. He commends Dr. Daiker for an excellent job in explaining the
process and how the pesticides are regulated in the United States. He concurs with his
presentation. He suggested adding few informational pieces and encouraged the City
Commission to ask questions that they will attempt to provide, if not at this meeting, they
will follow up as soon as possible. Risk is a function of how much exposure you get as
well as the potential toxicity of the chemical. When it comes to toxicity, they obtain large
data sets of information where they can evaluate all sorts of potential toxic effects
associated with the chemical, including development effects in children, neurotoxicity,
the potential for carcinogenicity and so forth.
Mayor Levine apologized to Dr. Dolson and introduced experts that are in the audience
and have to leave. He asked Dr. Dolson to stay via telephone and introduced Dr. Curry.
Dr. Dolson accepted to remain on the line.
Dr. Chris Curry, Ob/Gyn, UM, gave a brief educational background, and stated that she
is back because some of the comments at the last meeting required more specific
information about Zika and she wanted to share the information. If Zika were not part of
the conversation, they would not be here today. The initial data on microcephaly came
out of Brazil in November or December 2015, and some patients were followed very
closely. There is a publication describing that out of 70 of the women positive and
symptomatic during their pregnancies, with exposure during the first, second and third
trimester of their pregnancies, 30% of the women who tested positive for Zika had birth
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defects, including microcephaly, brain abnormalities, miscarriages, still birth and growth
restrictions. The study did not include other etiologies, such as chikungunya, dengue
and other common causes of microcephaly. There are not commercially medical tests
for some of the chemicals the audience is concerned about, so there is not the ability in
this or other countries to exclude all chemical exposures. Other retrospective studies,
out of French Polynesians, looked at a small island that went from 0% infectivity on the
island to over 60% infectivity; a very rapid, very wide spread epidemic. In using
retrospective data, they found in a small country, eight cases of microcephaly that they
retrospectively identified as being associated with Zika. In the situations where women
have chosen to end their pregnancy, or in the scenarios where women have had
miscarriages, scientists have had the opportunity to do autopsies in infected infants to
determine what part of the body the virus is infecting and affecting. In miscarriages
autopsies, it is the neuro tissue, the brain and the spinal cord, as well as placenta that
tend to be infected most commonly. This virus has been demonstrated in animal models
to have the ability to infect the brain. In mouse models, when infected with the virus, this
is the tissue where the virus goes. Recently, monkey models demonstrated where they
use subcutaneous injections of the virus, mimicking a mosquito bite, and demonstrated
that in the third trimester of a non-human primate’s pregnancy, even a third trimester
exposure resulted in almost uniform defects and brain abnormalities, not microcephaly,
but it does suggest the potential of the brain affection. In the State of Florida, as of this
week, there are 86 women who are positive for Zika and pregnant. She has spoken with
the Department of Health and helped them disclose some of these results to the Florida
women. There are four women she has spoken to in the last several weeks, who have
not left Florida, and are suspected to have gotten their infection in their community. Her
role is to provide perspective of the medical concern of Zika. They are having this
conversation primarily because Zika has spread to 70 countries on this planet, and there
are over 20 countries reporting birth defects associated with Zika.
Commissioner Alemán requested the audience not to deprive their fellow residents that
are watching at home from hearing the information, and added that they are doing a
disservice to their neighbors by being disruptive. She asked the audience to allow the
testimony to be heard.
Dr. Curry added that when women test positive for Zika, they know that there are other
facts that can cause microcephaly, and so they test for all the known causes of
microcephaly, including dengue, chikungunya, syphilis, HIV, rubella, varicella and every
other infection. She reminded the audience of the fact that there are no tests for these
particular chemicals that she can do for them in a hospital, but when they have women
from Brazil, Colombia, Haiti, Venezuela, Puerto Rico and the United States, that
scientific criteria acquired the exclusion of all these diseases, and women from countries
with exposure and non-exposures to all different environmental social exposures, have
similar outcomes and similar findings. She appreciates the concern for this particular
chemical, and she frankly does not care which compound they decide to use for
mosquito control, but she cares that they choose an option that this community agrees
on, that the City Commission agrees on, and an option that the CDC and the
Department of Health thinks is going to be efficacious.
Mayor Levine thanked Dr. Curry and introduced Dr. Lichtenberger to give her thoughts
as far as the proper methods to use.
Dr. Paola Lichtenberger, Infectious Disease Specialist and Director of Tropical Diseases
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Program at the University of Miami, gave a summary of her educational background; she
is from Colombia and studied medicine there. She stated that UM created the Tropical
Diseases Program because the general awareness of tropical medicine issues in South
Florida is low; they have to realize that they are in a special position as a tropical state
with similarities to Latin America. This is not the first time they deal with a tropical illness
outbreak, since they have experienced dengue and chikungunya years ago. They have
learned that only one approach is not enough. If the physicians do all the work, that is
great, but it is not enough. What the citizens do is actually more important. We all have a
role here. She hears the complaints. The agencies are doing all they can, and asked the
residents to listen to the experts. Once there is an epidemic breakout, it is impossible for
viruses to go away. Viruses and mosquitoes are smart, and they must find out what is
the best option. She thinks they can do better in this country. In answering Mayor
Levine, in regards to her recommendation and concerns about Naled, she stated that
although she is not an expert on spraying, but does not see why CDC would have
objections or hide information to offer the best to the community. She asked to look at
other countries, Brazil, Colombia, and others; aerial spraying has been happening over
decades in these countries. She explained that the problem is getting out of their hands
in Miami Beach. Zika is a big problem and she does not want Miami to become another
country with an epidemic disease.
Mayor Levine asked patience from the audience.
Commissioner Alemán stated that amazingly, there is not enough information; Zika is
new, and they are building their knowledge and information. She suggested the
audience stop preventing the experts from disseminating this valuable information and
added that they have spoken to experts that stated that there is no scientific doubt
between Zika and microcephaly. Some people are shouting that Zika is a hoax and she
is at a loss with that. This is the first time that a mosquito related born disease is sexually
transmitted and that causes birth defects. They have spent a tremendous amount of time
educating them and talking to various experts, and no one is happy on the dais about
aerial spraying with Naled; they are all concerned about it.
Discussion continued.
Commissioner Steinberg stated that some of the concerning questions from residents
have to do with the spraying time period, two days versus the seven days that just
occurred, and also asked if Zika can mutate based on other components, and what the
components would be.
Dr. Lichtenberger defer the first question to the EPA experts, but answered that the virus
mutates constantly, it is not at a high rate such as it does with HIV, but it does mutate.
Commissioner Rosen Gonzalez has read that the Aedes aegypti, if left untouched and
allowed to multiple, is at risk about the dengue threshold. She also asked about a spike
on Guillain -Barre.
Dr. Lichtenberger stated that dengue, chikungunya and Zika are prevalent in tropical
South Florida. Dengue is a mortal disease. Chikungunya can yield chronic illness in
adults, such as chronic joint pains. We are in the tropics and at risk of having any of the
three diseases. Recent reports from the CDC reported 44 cases of Guillain-Barre in
Puerto Rico, and others in Brazil, Colombia and El Salvador, related to Zika. She
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explained that Guillain-Barre syndrome is a complication consistent with ascending
paralysis from the lower extremities up. This syndrome is a complication from Zika.
Discussion continued.
Mayor Levine introduced Dr. Gonzalez.
Dr. Ivan Gonzalez, Pediatrics and Infectious Diseases, UM, gave a brief educational
background, and stated that he works under the Zika Task Force along with Dr. Curry.
He cares for the babies after they are born, and is in charge of figuring out the sequela
when the mother is infected with the Zika virus in uterus. When infected during the first
trimester, it is highly likely for the fetus to have brain abnormalities and be born with
microcephaly or other brain abnormalities; even during the late second trimester, there
may even be subtle changes after birth. Every woman that tested positive for Zika during
their pregnancy, when the babies were born, ultrasounds were done, and on
documented cases, they found disproportionate abnormalities in cranial size; other side
effects are retina ocular defects and stiffness of extremities. There is a great deal of
unknown information; but they need to be very proactive and study this as much as
possible. He explained the side effects in answering Commissioner Rosen Gonzalez’s
question; the process infects the brain somehow and causes vasculitis, which they
attribute to the fetal body trying to fight off the infection. Ultrasounds after birth show
enhancements and inflammation in some of the blood vessels.
Discussion continued.
J. Sunil Rao, Ph.D., Professor & Interim Chair, Department of Public Health Sciences,
UM, asked what would happened if they had a control experiment, where nothing was
done, and then have estimates of what the number of cases may be in terms of local
Zika infections, so he reached out to his colleagues in Seattle, Boston and at the
University of Florida that have produced reports on looking at projections for the
continental United States, assuming nothing was done; and their validated models are
based on data from South America, with predictions from September 15, 2016 to
December that looked at temperature, mobility, population, socioeconomic studies,
density of mosquito population they are getting, and then they are running to cast a
simulation in trying to pinpoint locally transmitted infections they can expect to see. They
are also eliminating any potential for any sexual transmission that way. Their findings for
Florida got a medium value of about 79 locally transmitted infections, but some of the
simulations went up to over 200 local transmitted infections.
MOTION:
Commissioner Rosen Gonzalez proposed a Resolution to the County, State, Department
of Agriculture and the Department of Health, that the City wants to pursue aggressively
all options that are not Naled in Miami Beach, as soon as they possibly can. She wants
this Resolution to be expeditious. Motion made by Commissioner Rosen Gonzalez,
seconded by Commissioner Arriola. No vote taken.
Vice-Mayor Grieco asked to be recognized as a point of order, and explained that his
item (C7 AH) was pulled from the Consent Agenda. It is a Resolution that he filed three
weeks ago, and it is being silenced right now. He made it very clear that this Resolution
is to take any and all actions to stop this from happening, even if it is amended, and
added that they do not want to have another aerial spraying in the City. This is a
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distraction from what they need to do. There is no need to write letters, as they did that
and it was ignored. He would like his item read into the record.
Mayor Levine explained that they would get to the Resolution and Vice-Mayor Grieco’s
item.
Discussion continued.
Commissioner Steinberg suggested both items be included in the Resolution as
amended, including Vice-Mayor Grieco’s item with the amendments. They want to have
productive and proactive measures. She requested adding to that Resolution that they
look at non-toxic ways to do proactive measures outside the lines of the border zone,
and they can add language to clarify the purpose. This again is only a request they can
make to the County, but the City cannot demand.
Mayor Levine clarified that there is a motion and second and they will vote for Vice-
Mayor Grieco’s item later.
MOTION:
Motion made by Commissioner Rosen Gonzalez to pursue any and all alternatives to the
Naled spray, and proposed a Resolution to Miami-Dade County and to the State that the
City is going to proactively, aggressively and expeditiously pursue all non-toxic options
to Naled; seconded by Commissioner Arriola.
Commissioner Arriola drafted a Resolution to this effect. Commissioner Arriola’s
Resolution urges the County to pursue alternative options and wants to explore further
signing up with an EPA program to look for experimental use.
Rafael E. Granado, City Clerk, read the proposed Resolution from Commissioner Arriola
into the record: “A Resolution Of The Mayor And City Commission Of The City Of Miami
Beach, Florida, Urging Miami-Dade County To Pursue Safer And More Environmentally
Friendly Alternatives To Naled To Control Mosquitoes Carrying The Zika Virus In The
City Of Miami Beach.”
Discussion held.
Commissioner Arriola explained that this Resolution urges the County to pursue any and
all alternative methods to the Naled spray and ask them to do so urgently, and based on
what he is hearing this morning, there is consensus in the audience, and with this City
Commission to do that. He would like to explore further signing up for an EPA program,
where they would look to the City’s geographic area for experiments on some of these
alternatives.
Commissioner Rosen Gonzalez suggested opening up the RFP to other technologies as
an amendment.
Commissioner Arriola stated this is an excellent idea and accepted the amendment.
Raul J. Aguila, City Attorney, asked 1) what the motion is and the second 2) what is
before the City Commission, and then they need to have discussion on the motion,
unless someone calls the question. For public purposes, a motion needs to be stated.
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Discussion held.
Albert Gomez stated that currently Bti is an option and the County and the Mosquito
Control Board is doing it; the money that they are putting towards Naled spraying can
easily be migrated to public contractors to realize more Bti spraying in vectors that are
registering infected mosquitoes and general mosquito population increases. This can be
added to Vice-Mayor Grieco’s proposal, with experts from Monroe County, where there
are no Zika cases by using Bti, boots on the ground and public advocacy, and that
money can be migrated. New technology will allow stopping the use of Naled.
Mayor Levine agreed that this language should be added to the motion.
Commissioner Rosen Gonzalez accepted including language urging the use of Bti
instead of Naled, and to increase the amount of resources for Bti: “A Resolution On
Behalf Of The Miami Beach City Commission To The County, The State And The
Department Of Agriculture That The City Would Like To Explore Different Options, In
Terms Of RFP, And Open Up The Process To All Of The Options That Are Anti-Naled.”
The City of Miami Beach does not want any more Naled spraying.
Commissioner Arriola added that they are looking for the best solution and shouting from
the public does not help. It prevents them from having a meaningful discussion and
coming up with good solutions. Mr. Gomez has some awesome ideas. The State and the
County go into a phase with the Zika emergency, and he thinks there has been a rush to
try to deal with Zika; this is, by the CDC and the State, viewed as the number one public
health threat to this community, to the extent that the County and the State have rushed
into it. Miami Beach is ground zero for solutions, not ground zero for Zika. He urged the
public to stop the shouting and work together to lead the County in finding other
methods. He thinks the County is rushing to contain Zika but it is a threat; Naled is a
1950s technology; however, Zika has to get under control. They might not like the
medicine, but they may have to take a bit of it to get Zika under control. In the meantime,
he suggested exhausting any and all other alternative measures.
Commissioner Malakoff asked if in the motion they could recommend using
environmentally friendly Bti in other areas of Miami Beach to prevent the spreading of
Zika.
Commissioner Steinberg thinks it is important to be proactive, and they can also ask that
they work with the government and educate them on what is necessary and what works
for the community, and ask the County to look potentially at the counts before they
assume larvicide treatment and spraying is necessary.
Mayor Levine suggested adding looking at the counts before continuing
Discussion continued.
Motion made and seconded. No vote taken.
Raul J. Aguila, City Attorney, opined that every Commissioner should be allowed to
discuss the motion.
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Vice-Mayor Grieco is supportive with everything that has been said but is concerned that
urging the County is not enough, and he asked to be heard on his Resolution (C7 AH), if
the County refuses to do what they are asking.
Alina Tejeda-Hudak, Miami-Dade County Deputy Mayor, Solid Waste Management, for
the record, thanked the City Commission for the opportunity to speak. She explained
that Mayor Gimenez is mourning the loss of his mother; otherwise, he would be here in
person. She gave a brief background of her experience, and stated that she always
makes recommendations to her bosses based on collaborative efforts, and added that
the collaboration with the City of Miami Beach and the efforts implemented in the City
are unprecedented, and are being observed by many communities in the country in
dealing with the evolution of this disease and vector control. They are all learning about
this as well, including experts and treatment options reviewed. The County has
consulted with the CDC and other experts; they meet daily in consultation with all
agencies involved. To this date, in Miami Beach, active transmission and surveillance
continues to be an issue. She hears a great deal of conversation about methodologies
tried. The County is respected and well known throughout the country, and the CDC
director personally explained in this room that the mosquito control programs in Florida
and the County are by far the most outstanding in the world. As it relates to the
treatment options used in the City, there are multiple options, and they have along with
the City and Code Enforcement partnership, done over 5,700 inspections and alternative
treatments, including the larvicide and Bti. The combination of organic treatment with the
Adulticide aerial spraying was the final portion of a comprehensive treatment approach
used in Wynwood with success. Miami Beach has been sprayed with truck sprays over
eight times and has used the larvicide Bti also in trucks. Therefore, Bti is being used and
has been used in this community. They have a cycle with four treatments, which is a
recommendation from vector control experts outside of what the County was
recommending, but in concurrence and review of protocol, as defined by these agencies
and the Department of Agriculture. She asked the audience to hear all independent
recommendations coming before them. In regards to alternative options, they stand
ready to meet with every vendor in the country, in the world, that has any option that
they would be willing to review, and they are extremely proactive in doing that. Current
contractors were bid in a competitive environment, and any doubt to that matter that they
are contracting with individuals that have not competed with the award, is a
misrepresentation of what is taking place. She urged them to understand the
responsibility of the County of protecting the people of Miami-Dade County, not just
Miami Beach. She stated that in this Resolution today, the first Whereas clause, makes
reference to the American Council on Science and Health, and at the end of its article,
they state that at times, there are “simply no great choices.” This is one of them. “Naled
is more toxic than any other mosquito spray, but given what is now going on with Zika in
Puerto Rico, allowing the virus to spread to Florida is much worse. This is no time to fool
around.”
Commissioner Rosen Gonzalez stated that she did not get the most recent mosquito
counts, but asked that if the spray works in the middle of this cycle, in her opinion, what
would be the repercussions; would they be opening the door to greater epidemic.
Ms. Tejeda-Hudak defer the answer to the CDC and other experts, but stated that it is
important to understand that the protocol defined in coordination with the CDC, the
Department of Health and the Department of Agriculture, has to be allowed to finish its
course. In Wynwood, they noted a fluctuation of the counts through and into the third
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week and did not see stabilization of count information until the fourth weekend. They
are still in Wynwood and are still monitoring what is happening there. This is something
that they will have to continue to monitor throughout the end of mosquito season; and as
it relates to new technology, they have been working through the department to
implement something called the In2Care Mosquito Trap, and they are being deployed.
This is an innovative treatment plan that they are testing and they are probably the only
County in the country using that, at the recommendation and suggestion of experts.
Commissioner Arriola asked what other alternatives are being considered, whether it is
Genetically Modified Mosquitoes or the Wolbachia bacteria.
Ms. Tejeda-Hudak explained that they have discussed both at great length with experts,
and she did not just rely on the CDC experts; she called other Mosquito Control Districts
as well and they are watching closely the referendum in Monroe County as it relates to
the issue of GMO Mosquitoes. They spoke to the CDC relative to Wolbachia, currently it
is regulated through the FDA, not the EPA, and there is one particular trial, so they are
discussing this. Her understanding of the implementation and the efficacy of that
treatment is that it would be a consideration once the transmission is controlled, and
once the environment has a controlled setting.
Commissioner Arriola asked if it would be helpful for the County to have a Resolution
from the City urging the County to explore these options.
Ms. Tejeda-Hudak stated they are exploring every single available option and they
welcome the partnership.
Douglas Fuller, Chair of the UM Department of Geography, gave a brief summary of his
educational background. He explained that he has a risk map that can provide an
effective tool to identify where mosquito outbreaks or mosquito borne diseases are, and
to help mosquito control agencies to more effective spraying targeted areas. The
spraying currently going on is clearly in line with protocols from health organization done
during emergency situations, such as the one going on in Miami Beach; it is a blunt
instrument, but it can work. Aedes aegypti was eradicated from the Americas by massive
and persistent spraying of DDT. Countries in Latin America and United States stopped
using DDT, as it is a very persistent pesticide and it is toxic to wildlife and humans. In the
late 60s and 80s Aedes aegypti came back because spraying was ceased in most
countries in the Americas, and now they have problems, not just with Zika, but also with
dengue and chikungunya. There is a public health emergency and they need to control
mosquitoes, therefore breaking the chain of transmission. There are a great deal of
experimental approaches being developed at UM, including testing the use of attractive
toxic sugar baits, which are small traps used in plants that contain boric acid, which is
not toxic to humans, but they are not commercially viable yet.
Dr. Janet McAllister, US Center for Disease Control and Prevention, agreed with Dr.
Fuller and added that there is an emergency and transmission is occurring right now.
The goal is to break the transmission by spraying. The larvicide takes more time and
only using larvicide will not stop transmission for several weeks in the future. The future
technologies are not here yet, perhaps next season these new technologies will be
available.
Vice-Mayor Grieco asked when the last local transmission in Miami Beach recorded.
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From what he knows, the last local transmission occurred August 27.
Dr. McAllister deferred the answer to Dr. Rivera.
Dr. Lillian Rivera, Florida Department of Health, agreed that August 31 was the last
reported transmission but they are seeing active transmission in the City. She explained
that the clock is not ticking here, and explained that 45 days, three incubation periods,
after the last case is reported, and then they begin the clock ticking. For Wynwood is
ticking, but in Miami Beach the clock is not ticking at all. They are currently doing active
testing at the Miami Beach Police Department and today is the last day. She urged all
residents to be tested for Zika.
Raquel Regalado asked Ms. Hudak what is the County’s position about spraying.
Mayor Levine explained that he does not want to make this political and they want to
hear the vote on this.
Discussion held.
Dr. Tomás R. Guilarte, Dean of School of Public Health and Social Work, FIU, gave a
background of his educational expertise; which is in neuroscience and neurotoxicology.
He commended everyone in the room today for being the best example of public health
that he can provide; stakeholders, public, scientists, EPA, CDC, Health Department,
Commissioners and politicians are here, in trying to find solutions to a public health
problem. On a different perspective, from his expert point of view, there are two issues,
one the aerial spraying of insecticide like Naled, which is a neurotoxin, and on the other
hand, there is the Zika virus induced microcephaly; and he thinks the evidence is very
strong. Studies in animal models (published in PubMed.com); have shown that the Zika
virus attacks the neuron progenitor stem cells. If the mother is infected during the first
trimester, many of the progenitor stem cells that provide the volume of the brain die;
therefore, there is an enlargement of the ventricles that causes microcephaly. Recent
publications show that adults have these progenitor stem cells in certain parts of the
brain, such as in the hippocampus, for the purpose of learning memory functions; a
disturbing study in mice shows the possibility that these progenitor stem cells may be
also infected and die as a result of the Zika virus. The caveat of this study is that these
mice were susceptible to the infection. They do not really know if this would take place in
humans and in normal brains. There is a great deal of information that they do not know.
Long-term effects monitoring continues. Similarly, Naled is an organophosphate or war
gases and it is clearly that if someone is exposed, based on the concentration, it clearly
affects the sensory system. He is in agreement in looking at all alternatives, and
proposed that an independent scientific body be set up to look at the data real time and
to try to understand the reality of the alternative methodology, as there is no scientific
data that has been published about the variety of these methods, and they need to
understand how effective they are.
Commissioner Rosen Gonzalez added an amendment to the Resolution the urging of
independent scientific body that will assess all the alternative modalities for mosquito
control. This panel will also include active members of the community.
Mayor Levine asked City Manager Morales if the Administration could put this together.
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City Manager Morales stated that they would work with the two universities and any
other groups to put together, including the panels responsible and they will come back
with a list.
FINAL MOTION AS AMENDED:
Motion made by Commissioner Rosen Gonzalez to urge the State via a Resolution to
open up an RFP process to allow all alternatives to Naled to be considered for mosquito
control; move resources currently being used for aerial spraying to Bti spraying or
larvicide; aggressively pursue all non-toxic solutions that are not Naled; environmentally
friendly Bti larvicide in all other sections of Miami Beach that are not within the zone;
review mosquito control statistics before next Sunday’s spraying; independent scientific
panel to explore alternatives, including all stakeholders, the Department of Health, the
Department of Agriculture, all the universities, and have a team including activists;
seconded by Commissioner Arriola. All members of the City Commission co-sponsored
the item. Approved by acclamation.
Handouts or Reference Materials:
1. LTC 343-2016
2. Commissioner Arriola’s Resolution (not adopted)
R10 - City Attorney Reports
R10 A CITY ATTORNEY'S STATUS REPORT.
Office of the City Attorney
ACTION: Report given.
R10 B NOTICE OF CLOSED EXECUTIVE SESSION
PURSUANT TO SECTION 447.605, FLORIDA STATUTES, A CLOSED EXECUTIVE
SESSION WILL BE HELD DURING RECESS OF THE CITY COMMISSION
MEETING ON WEDNESDAY, SEPTEMBER 14, 2016, IN THE CITY MANAGER'S
LARGE CONFERENCE ROOM, FOURTH FLOOR, CITY HALL, FOR A
DISCUSSION RELATIVE TO COLLECTIVE BARGAINING.
Human Resources
ACTION: Closed Executive Session withdrawn.
Reports and Informational Items
1. REPORT FROM COMMISSION COMMITTEES OF WITHDRAWN ITEMS NOT
HEARD WITHIN (6) SIX MONTHS FROM REFERRAL DATE.
Office of the City Clerk
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2. REPORT OF THE ITEMIZED REVENUES AND EXPENDITURES OF THE MIAMI
BEACH REDEVELOPMENT AGENCY'S CITY CENTER DISTRICT AND THE
SOUTH POINTE (PRE-TERMINATION CARRY FORWARD BALANCES) FOR THE
PERIOD ENDED MAY 31, 2016.
Finance
3. LIST OF PROJECTS COVERED BY THE CONE OF SILENCE ORDINANCE.
Procurement
4. INFORMATIONAL REPORT ON ALL EXISTING CITY CONTRACTS FOR
RENEWAL OR EXTENSIONS IN THE NEXT 180 DAYS.
Procurement
5. INFORMATIONAL REPORT ON EMERGENCY PURCHASES AND
UNAUTHORIZED PURCHASES.
Procurement
6. INFORMATIONAL REPORT ON CAPITAL OR INFRASTRUCTURE PROJECTS
AWARDED PURSUANT TO THE NATIONAL POWERS ALLIANCE (NJPA)
COMPETITIVELY SOLICITED CONTRACT FOR CONSTRUCTION SERVICES.
Procurement
7. PARKING STATUS REPORT - MAY 2016.
Parking
8. PARKING STATUS REPORT - JUNE 2016.
Parking
9. OFFICE OF CAPITAL IMPROVEMENT PROJECTS CONSTRUCTION PROJECTS
STATUS REPORT.
Capital Improvement Projects
10. MIAMI BEACH CONVENTION CENTER CONSTRUCTION PROJECT UPDATE.
Office of the City Manager
Clerk’s Note: Reports 1 through 10 above, were presented via the agenda.
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Notices
1. MIAMI BEACH REDEVELOPMENT AGENCY (RDA) MEMBERS.
2. HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA.
3. 2016 COMMISSION MEETING DATES.
4. ADVERTISEMENTS FOR THE SEPTEMBER 14, 2016 COMMISSION MEETING
Meeting adjourned at 7:22:41 p.m.
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