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Commission Meeting (Budget Related)
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
September 27, 2016 - 4:00 PM
Mayor Philip Levine
Commissioner John Elizabeth Alemán
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Kristen Rosen Gonzalez
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visit us at www.miamibeachtl.gov for agendas and video streaming of City Commission
Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach, entitled "Lobbyists,"
requires the registration of all lobbyists with the City Clerk prior to engaging in any
lobbying activity with the City Commission, any City Board or Committee, or any
personnel as defined in the subject Code sections. Copies of the City Code sections on
lobbyists laws are available in the Office of the City Clerk. Questions regarding the
provisions of the Code should be directed to the Office of the City Attorney.
To request this material in alternate format, sign language interpreter (five-day notice required),
information on access for persons with disabilities, and/or any accommodation to review any
document or participate in any City-sponsored proceedings, call 305.604.2489 and select 1 for
English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service).
In order to ensure adequate public consideration, if necessary, the Mayor and City Commission
may move any agenda item to an alternate meeting. In addition, the Mayor and City
Commission may, at their discretion, adjourn the Commission Meeting without reaching all
agenda items.
AGENDA
Meeting called to order at 4:05:53 p.m.
Pledge of Allegiance given by Thomas Mooney.
ADDENDUM MATERIAL 1:
R9 I
R9 J
R10 A
Page 2 of 49
ADDENDUM MATERIAL 2:
C7 B
SUPPLEMENTAL MATERIAL 1:
R5 E Memorandum
R7 I Memorandum
City Clerk’s Note:
Pursuant to Ordinance 2015-3954, Sec. 2-12(3), addendum agenda items C7 B, R9 I, R9 J and
R 10 A have been approved by Mayor Levine to be placed on the Commission Agenda. No
additional vote is required.
Sec. 2-12(3) Reads:
Addendum agenda items – Any item not included in the agenda submitted to the Mayor and City
Commission on the initial print day must be submitted by the City Clerk to the Mayor for a
determination whether the item is to be placed on the Agenda as an addendum item. If the
Mayor declines to place the item on the agenda as an addendum item, then the item shall be
submitted to the City Commission for a vote and the item shall only be considered at the City
Commission Meeting upon a finding by the City Commission, by a five-seventh (5/7) affirmative
vote.
4:06:18 p.m.
Rafael E. Granado, City Clerk, announced items deferred or withdrawn and read notations and
corrections into the record. The Second and Final Budget Hearing items will commence at 5:01
p.m., or as soon thereafter as the matters can be heard.
Ocean Drive Items deferred from the September 14, 2017 Commission Meeting are R5N, R5O,
R9 A and R9 B.
ITEMS DEFERRED:
R5 K, R9 F, R9 H, R9 I and R9 J to October 19, 2016
ITEMS WITHDRAWN:
R5 N, R5 O, R9 A
NOTATIONS:
The deferred item R7 J (Adopt Ocean Drive sidewalk cafe design guidelines) from the
September 14, 2016 Commission meeting was pulled from this agenda by the Administration.
CONSENT AGENDA
4:06:43 p.m.
Motion by Vice-Mayor Grieco, seconded by Commissioner Alemán to pass the Consent
Agenda. Voice-vote: 7-0.
Page 3 of 49
C4 - Commission Committee Assignments
C4 A REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO
CONSIDER THE PARKS & RECREATIONAL FACILITIES ADVISORY BOARD
MOTIONS REGARDING THE FUTURE COMMUNITY PARK.
Commissioner John Elizabeth Alemán
ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda. John
Rebar to handle.
C7 - Resolutions
C7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH, GLOBAL SPECTRUM, L.P. D/B/A SPECTRA VENUE
MANAGEMENT, AND ART BASEL U.S. CORP., FOR USE OF THE MIAMI BEACH
CONVENTION CENTER FOR THE 2016 ART BASEL SHOW.
Tourism, Culture, and Economic Development
ACTION: Resolution 2016-29576 adopted. Max Sklar to handle.
ADDENDUM MATERIAL 2
C7 B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE CITY MANAGER'S RECOMMENDATION AND
WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT,
FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND
AUTHORIZING CITY MANAGER TO EXECUTE TWO AGREEMENTS WITH
FLORIDA POWER AND LIGHT (FPL), AT A TOTAL COST OF $52,579.27, TO
UPGRADE AND ENHANCE THE STREET LIGHTING ON OCEAN COURT,
BETWEEN 5TH AND 15TH STREETS, FOR THE PURPOSES OF ASSISTING THE
POLICE DEPARTMENT WITH ITS CRIME DETERRENCE EFFORTS.
Public Works
ACTION: Resolution 2016-29577 adopted. Eric Carpenter to handle.
Page 4 of 49
REGULAR AGENDA
R5 - Ordinances
4:06:42 p.m.
R5 A 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.
4:01 p.m. Second Reading Public Hearing Planning
Deferred from September 14, 2016 - R5 D Vice-Mayor Michael Grieco
ACTION: Title of the Ordinance read into the record. Public Hearing held. Item
referred to the Land Use and Development Committee. Ordinance 2016-4033
adopted as amended. Motion made by Commissioner Malakoff to approve as
amended; seconded by Vice-Mayor Grieco; Ballot vote: 7-0. Thomas Mooney to
handle.
AMENDMENTS:
Sec. 130-36. - Off-site parking facilities.
(a) All parking spaces required in this article shall, shall be provided on a self-park
basis or valet parking basis in accordance with section 130-251, and shall be located
on the same lot with the building or use served, or offsite if one of the following
conditions is met: within a distance not to exceed 500 feet from such lot, or 1,200 feet
(i) if located in the Architectural District or a local Historic District, or (ii) the parking lot
is operated on a valet basis as per section 130-35. The distance separation shall be
measured by following a straight line from the lot on which the main permitted use is
located to the lot where the parking lot or garage is located.
(1) The parking is within a distance not to exceed 1,200 1,500 feet of the property
with the use(s), if located in the Architectural District or a local Historic District.
(2) The parking is within a distance not to exceed 500 1,500 feet of the property with
the use(s), when the use is not located in the Architectural District or a local Historic
District.
The foregoing distance separation shall be measured by following a straight line from
the property line of the lot on which the main permitted use is located to the property
line of the lot where the parking lot or garage is located.
Page 5 of 49
(b) Where the required parking spaces are not located on the same lot with the
building or use served and used as allowed in section 130-32 , a unity of title or for
nonadjacent lots, either a unity of title or a restrictive covenant in lieu of unity of title
for parking unification shall be prepared required for the purpose of insuring that the
required parking is provided. Such unity of title or restrictive covenant shall be
executed by owners of the properties concerned, approved as to form by the City
Attorney, recorded in the public records of the county as a covenant running with the
land and shall be filed with the application for a building permit. Alternatively, for a
change of use in an existing building, a lease for the purpose of insuring that the
required parking for the new use 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 the 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 the spaces and shall not be available for underutilized parking or subleased 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, 7 days a week.
This 24 hour dedicated use requirement shall be an explicit term in the lease
agreement.
4) The exact location of the required spaces provided off-site shall be clearly
delineated on site 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 a 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 early termination of the parking leasehold.
REFERRAL:
Land Use and Development Committee to discuss the “no fee in lieu of providing
parking.” Thomas Mooney to place on the Committee Agenda and to handle.
Thomas Mooney, Planning Department Director, introduced the item, which was
approved by the City Commission at First Reading in July 2016. Although it is a
comprehensive Ordinance, it is largely a cleanup Ordinance. This item does not affect
the required amount of public parking spaces. It would allow limited removal of certain
parking spaces, as long as the change involves the use of requiring fewer parking
spaces. The amendment proposed at the September 14, 2016 City Commission
Meeting expands the distance that satellite off-street parking can be provided. The
amendment was modified from being a Citywide to a localized change. The existing
distances will remain the same, 1,200 feet for properties in Historic Districts, and 500
feet for properties outside of Historic Districts, but a new section would be added and
would read as follows: “for properties south of Fifth Street, the parking is within a
distance not to exceed 1,500 feet of the property with the uses for purposes of this
subsection; the property with the uses shall be located south of Fifth Street, and the
parking facility may be located north of Fifth Street.” The purpose of limiting this
amendment to south of Fifth Street, is because there is only a limited amount of
parking lots and no significant parking garages in that neighborhood. The other
Page 6 of 49
proposed amendment would allow the use of the lease if there is a change in use if
someone wanted to provide off-street parking off-site. He recommended the adoption
of the Ordinance as amended.
Kent Harrison Robbins, Esq., representing Armando Gutierrez, condominium property
owner in Miami Beach and Dr. Salloway, President of the Setai; stated that he is
concerned about the impact this Ordinance would have on his clients’ properties. As
currently worded, the requirement was that if someone were to have parking off-site
either 500 or 1,200 feet away, the person would be required to have a covenant in lieu
of unity of title or a unity of title. Now the requirement has changed to provide for a
lease, and in fact, the lease is required for a minimum of one year. He asked what
happens when the lease expires and the person has required parking. There would be
no safety provision. If someone owns a building and the lease expires after a year,
where does the parking go? Someone will be put in a bad position. He raised the issue
of the expanding distance of parking from the site. Currently, there is a limitation of 500
feet outside Historic Districts and 1,200 within Historic Districts. This proposal expands
the distance to 1,500 feet from the site. The impact will be severe, there will be several
valet parkers having to travel up to 1,500 feet, which is over a quarter of a mile. This
will also increase traffic, especially in Historic Districts, because cars will have to travel
farther for parking, resulting in greater traffic by valet. The next problem is the change
in width of parking spaces going from 8.5 feet to 8 feet. This is troublesome because
the columns will encroach on the parking spaces making them narrower. This is bad
planning. Previously, if someone removed parking in a Historic District, they would
have to pay an impact fee for those spaces. With this Ordinance there would be a $1
million loophole favoring one developer by not requiring a parking space removal fee.
Rafael Andrade, Esq., representing Fogo de Chao Holdings, Inc., stated that as far as
the lease concerns, the Office of the City Attorney can provide language to address
Mr. Harrison Robbins’s concern. The expansion of off-site parking to 1,500 feet is for
the South of Fifth neighborhood only, and City staff has acknowledged there are no
significant parking garages to meet the business needs in the area. As opposed to
what Mr. Harrison Robbins stated, this measure is necessary to reduce traffic. People
will be able to have adequate valet parking at the establishments, instead of driving
around looking for on-street parking. He urged the City Commission to adopt the
Ordinance as amended.
Vice-Mayor Grieco stated that the language in this Ordinance was drafted by staff and
the Office of the City Attorney, and the Land Use and Development Committee
unanimously approved it. He asked for clarification on the covenant in lieu of unity of
title.
Mr. Mooney stated that if someone is doing new construction, they would still have to
provide a covenant in lieu of unity of title, the only change will be if there is a change in
an existing building’s use.
Vice-Mayor Grieco stated that the increase in distance of up to 1,500 feet for the South
of Fifth neighborhood is for practicality reasons, because of the lack of parking in that
area.
Discussion continued.
Page 7 of 49
Commissioner Rosen Gonzalez stated that the Ordinance changes the parking space
width from 8.5 feet to 8 feet.
Mr. Mooney stated that the parking spaces will remain at 8.5 feet. The only change
that occurs is when a parking space is next to a column. Columns typically range from
8 to 16 inches in width, and when one takes that into consideration with the space
required to open a car door, one is left with an 8-foot wide parking space. This is what
the current Code states and that will not change.
Commissioner Steinberg stated that she was not comfortable with the way this
Ordinance was written, but she is pleased that the change is localized and not
Citywide. She asked Mr. Mooney what would occur after a lease expires.
Mr. Mooney replied that if the lease is not renewed, there would be a Code violation,
but that could be amended at the request of the City Commission.
Discussion continued regarding fee in lieu of parking.
Commissioner Rosen Gonzalez stated that Mr. Harrison Robbins explained that there
is a $1 million loophole that needs to be addressed, and requested deferring this item
to October to have further discussion on it.
Mr. Harrison Robbins called the City Commission’s attention to Section 130-132(c)
regarding removal of existing parking space in Historic Districts.
Mr. Mooney stated that the Land Use Committee discussed the removal of parking
spaces in Historic Districts. The following language had been added: “notwithstanding
the forgoing, an owner shall be permitted to remove parking spaces required for a
building in the Architectural District or local Historic District constructed after October
1, 1993. If a change in said building results in a net reduction of required parking
spaces, no fee in lieu of providing parking or replacement of parking spaces pursuant
to section 130-36 shall be required to remove theses spaces, unless the number of
parking spaces being removed is greater than the net reduction of required parking
spaces.” This is what is being done with the Shore Club.
Commission Steinberg suggested that perhaps this section could be deleted from the
Ordinance.
Mr. Mooney stated that it is a matter of policy. The Decision with the Shore Club was
made because they are going from a small number of hotel units to a large number of
residential units, so the parking impact will be less.
Commissioner Alemán added that without the change, the Shore Club would have to
pay to remove parking they no longer need or want. The City should accommodate
them.
Discussion continued on the Shore Club’s parking impact.
Vice-Mayor Grieco stated that this is a comprehensive parking Ordinance that covers
many aspects of parking throughout the City. Regarding the Shore Club, he believes it
Page 8 of 49
is unfair of the City to charge them for removing parking spots that they are not
required to have.
Commissioner Alemán stated that the City’s goal is to have density reduced with a
mitigating effect on traffic, while creating a fair business environment. She is not in
favor of penalizing the Shore Club.
Commissioner Rosen Gonzalez stated that the Shore Club has zoning potential for a
nightclub or restaurant on site. They will need the parking spaces and should pay the
impact fee.
Discussion continued.
Vice-Mayor Grieco stated that although it would be very unlikely for the Shore Club to
add a nightclub to a residential development, they would still be required to pay impact
fees should they choose to go forward with that project.
Mr. Mooney agreed with Vice-Mayor Grieco’s statement, and added that operationally,
the Shore Club does not need parking and wants to repurpose that space for other
uses.
Discussion continued regarding additional impact fees.
Commissioner Steinberg suggested looking at this issue comprehensively and create
criteria that needs to be met and move forward.
Commissioner Rosen Gonzalez disagreed, and would prefer the City to charge the
Shore Club for removing parking spaces, and collect approximately $1 million that
could be used for education, parks, museums, seniors, or to help fight Zika.
Vice-Mayor Grieco explained that the City Code does not allow the money collected
from parking impact fees to be used for anything other than parking or transportation
purposes.
Mr. Harrison Robbins stated that the reduction of parking spaces will negatively affect
an area with parking deficiencies. People will have to resort to using parking meters or
on-street parking. The $1 million that could be collected could be used for building
more parking garages.
Commissioner Steinberg stated that she would like to delete the section of the
Ordinance in question, and move forward with the Ordinance.
Commissioner Malakoff agreed with Commissioner Steinberg’s statement, but would
also have the “no fee in lieu of parking” aspect be referred to the Land Use Committee.
Mr. Mooney stated that he will delete the “no fee in lieu of providing parking” section
from the Ordinance as requested.
Discussion held regarding parking space width.
Page 9 of 49
Mr. Mooney read the City Code as it pertains to parking space width, and reassured
the City Commission that there will not be any changes.
Handouts or Reference Materials:
1. Ad 1212 published in The Miami Herald RE: Notice of Time Change, September 27, 2016 at
4:00 PM.
4:40:05 p.m.
R5 B 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.
4:02 p.m. Second Reading Public Hearing Office of the City Attorney
Deferred from September 14, 2016 - R5 AK Commissioner John Elizabeth Alemán
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance
2016-4034 adopted. Motion made by Commissioner Alemán to approve the
Ordinance; seconded by Commissioner Rosen Gonzalez; Ballot vote: 7-0. Office of
the City Attorney to handle.
Commissioner Alemán introduced the item. She commended the Human Rights
Committee for their efforts in writing this Ordinance. She further commended the
committee for adding the words “actual or perceived discrimination” to the Ordinance
as it offers a broader array of discrimination based on ancestry, height, weight, labor
relations, membership and political party affiliations.
Commissioner Rosen Gonzalez expressed her concern that certain jobs have physical
requirements, and she is worried that this Ordinance may hinder the effectiveness of
certain departments, because they can no longer meet a certain standard. She gave
the example of an obese Police Officer.
Raul J. Aguila, City Attorney, read Page 74 regarding employment: Sec. 62-111. -
Employment. (a) Notwithstanding any other provision of this article: (1) It is not an
Page 10 of 49
unlawful discriminatory practice for an employer to hire and employ employees on the
basis of that individual's actual or perceived classification category in those certain
instances where such actual or perceived classification category is a bona fide
occupational qualification reasonably necessary to the normal operation of that
particular business or enterprise. City Attorney Aguila further clarified that if it is part of
the job description to be physically fit, that could not be used as an exemption for
being discriminated.
Handouts or Reference Materials:
1. Ad 1212 published in The Miami Herald RE: Notice of Time Change, September 27, 2016 at
4:00 PM.
5:43:37 p.m.
R5 C PENSION FUND FOR FIREFIGHTERS AND POLICE OFFICERS:
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.
5:04 p.m. Second Reading Public Hearing Human Resources
First Reading on September 14, 2016 - R5 AE Commissioner Joy Malakoff
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance
2016-4035 adopted. Motion made by Commissioner Malakoff to approve the
Ordinance; seconded by Vice-Mayor Grieco; Ballot vote: 7-0. Michael Smith to
handle.
Michael Smith, Human Resources Director, introduced the item, which addresses how
much earnings can be used as pensionable earnings, and defines some restrictions on
COLAs for individuals who extend their DROP participation.
Handouts or Reference Materials:
1. Ad 1210 published in The Miami Herald
Page 11 of 49
5:46:14 p.m.
R5 D AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY 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.
5:05 p.m. Second Reading Public Hearing Human Resources
First Reading on September 14, 2016 - R5 U Commissioner Joy Malakoff
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance
2016-4036 adopted. Motion made by Commissioner Malakoff to approve the
Ordinance; seconded by Vice-Mayor Grieco; Ballot vote: 7-0. Michael Smith to
handle.
Michael Smith, Human Resources Director, introduced the item, which is an
amendment to the Classified Salary Ordinance to implement changes to the collective
bargaining agreement with the Fraternal Order of Police, which was ratified earlier this
year.
Handouts or Reference Materials:
1. Ad 1210 published in The Miami Herald
Page 12 of 49
5:48:06 p.m.
SUPPLEMENTAL MATERIAL 1: MEMORANDUM
R5 E 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.
5:06 p.m. First Reading Human Resources
Deferred from September 14, 2016 - R5 AF Mayor Philip Levine
ACTION: Title of the Ordinance read into the record. Ordinance approved on first
reading. Motion made by Commissioner Alemán to approve the Ordinance; seconded
by Commissioner Malakoff; Ballot vote: 7-0. Second Reading, Public Hearing
scheduled for the October 19, 2016 Commission Meeting. Rafael E. Granado to
notice. Lilia Cardillo to place on the Commission Agenda, if received. Michael Smith
to handle.
Commissioner Rosen Gonzalez is in agreement with this item, but asked whether the
three-year agreements that include pay raises and COLAs could be eligible for a
reopener after two years, in case the City is low on funds and cannot afford what was
promised.
Jimmy L. Morales, City Manager, explained that this is a Classified Salary Ordinance,
and any changes to it would have to be done through collective bargaining, but the
figures were negotiated conservatively. He added that if there is a fiscal urgency, the
State does permit the agreement to be reopened.
Handouts or Reference Materials:
1. Ad 1210 published in The Miami Herald
Page 13 of 49
5:51:04 p.m.
R5 F 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.
5:07 p.m. Second Reading Public Hearing Human Resources
First Reading on September 14, 2016 - R5 AG Mayor Philip Levine
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance
2016-4037 adopted. Motion made by Commissioner Alemán to approve the
Ordinance; seconded by Vice-Mayor Grieco; Ballot vote: 7-0. Michael Smith to
handle.
No discussion held on this item.
Handouts or Reference Materials:
1. Ad 1210 published in The Miami Herald
Page 14 of 49
5:52:29 p.m.
R5 G 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.
5:08 p.m. Second Reading Public Hearing Human Resources
First Reading on September 14, 2016 - R5 AH Mayor Philip Levine
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance
2016-4038 adopted. Motion made by Commissioner Alemán to approve the
Ordinance; seconded by Commissioner Rosen Gonzalez; Ballot vote: 7-0. Michael
Smith to handle.
No discussion held on this item.
Handouts or Reference Materials:
1. Ad 1211 published in The Miami Herald
5:53:46 p.m.
R5 H 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.
5:09 p.m. First Reading Finance
Deferred from September 14, 2016 - R5 AA Commissioner John Elizabeth Alemán
and Vice- Mayor Michael Grieco
ACTION: Title of the Ordinance read into the record. Item opened and continued to
October 19, 2016 by acclamation . Lilia Cardillo to place on the Commission Agenda, if
received. Allison Williams to handle.
Handouts or Reference Materials:
1. Ad 1211 published in The Miami Herald
Page 15 of 49
5:54:07 p.m.
R5 I AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 110 OF THE CODE OF THE CITY
OF MIAMI BEACH ENTITLED "UTILITIES," ARTICLE IV, ENTITLED "FEES,
CHARGES, RATES AND BILLING PROCEDURE," AT SECTION 110-166, ENTITLED
"SCHEDULE OF WATER RATES AND TAPPING CHARGES;" AT SECTION 110-168,
ENTITLED "SANITARY SEWER SERVICE CHARGE" ARE TO BE AMENDED; AND
CREATING SECTION 110-171, ENTITLED "RATE INDEXING," IN ORDER TO
ADJUST AND MODIFY HOW WATER AND SANITARY SEWER RATES ARE
CALCULATED AND APPLIED; 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, 110-168, AND 110-171; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
5:10 p.m. Second Reading Public Hearing Public Works
First Reading on September 14, 2016 - R5 AB Commissioner Ricky Arriola
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance
2016-4039 adopted. Motion made by Vice-Mayor Grieco to approve the Ordinance;
seconded by Commissioner Arriola; Ballot vote: 7-0. Eric Carpenter to handle.
Mitch Novick stated that this is the third year in a row that the City has increased water
rates. It is a substantial increase for him, a small business owner, which equates to
several hundred dollars a month, and he would implore the City Commission to reject
the increase.
Eric Carpenter, Assistant City Manager and Public Works Department Director,
explained that all of the water and sewer treatment is provided by Miami-Dade County.
Their water rates have stayed the same this year, but sewer rates have gone up six
percent. There have been significant true-up numbers over the last two years from
Miami-Dade Water and Sewer. He and his team have looked at the entire rate
structure, and believe a conservation model was missing, which would place the billing
control in the hands of the residents, as they would only be charged as much as they
consumed. There would also be minimum charges on all water expenses so the
people who do not live in Miami Beach permanently would also contribute to the water
costs. The plan that was created is consistent to the recommendation of not only the
South Florida Management System, but also the Public Services Rate Commission.
Commissioner Rosen Gonzalez asked how often the County raises its sewer rates.
Mr. Carpenter replied that the rates are evaluated every year, but it has gone up every
year for the past three years.
Commissioner Rosen Gonzalez believes the County is trying to update its water pipes
and infrastructure, and is passing the costs on to the cities. She asked what happened
to the $1.6 billion the County received to upgrade its infrastructure.
Mr. Morales explained that the County processes; the County treats the water and they
then pass the expenses to the cities, Miami Beach does not have a choice in the
matter, unless it starts treating its own water and sewer, which would be a far more
Page 16 of 49
expensive alternative. The County is in fact undergoing significant capital improvement
investments to improve facilities after years of under investments.
Discussion continued.
Commissioner Malakoff asked if the County provides data on the true-up costs and
how the money is being used.
Mr. Carpenter stated that the County provides data on the actual costs.
Roy Coley, Public Works Department and Infrastructure Division Director, explained
how they obtain the data from the County.
Samuel Jorkavich spoke, Parkside Apartments manager, the apartment complex he
manages consumes over 40,000 gallons of water a month. This is the third time the
water rates have gone up, and he believes this is part of inflation. He does not know
what to tell his tenants. He added that Miami Beach is surrounded by water; he would
like to see a desalination project take place as it is done in Israel. If neither Miami
Beach nor the County can finance such a project, the City should ask for Federal
assistance.
Mayor Levine explained that the County provides the water and sewer treatment for
the City, and unfortunately, if they raise costs it is passed on to the residents.
Jimmy L. Morales, City Manager, explained that the water costs are not being raised.
There is now a conservation model, if people use less, they will pay less. There are
many obligations regarding sewer water, and the City must maintain a certain sanitary
sewer infrastructure to handle peak flows. Previously, there was not a minimum
charge, but now, with this new system part-time residents will pay a fair share, helping
full-time residents with the costs.
Commissioner Rosen Gonzalez explained that sewer rates are going up, because of
the pump station construction throughout the City.
Handouts or Reference Materials:
1. Ad 1211 published in The Miami Herald
Page 17 of 49
6:10:42 p.m.
R5 J 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.
5:11 p.m. Second Reading Public Hearing Public Works
First Reading on September 14, 2016 - R5 AC Mayor Philip Levine
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance
2016-4040 adopted. Motion made by Vice-Mayor Grieco to approve the Ordinance;
seconded by Commissioner Arriola; Ballot vote: 6-1; Opposed: Commissioner Rosen
Gonzalez. Eric Carpenter to handle.
Eric Carpenter, Assistant City Manager and Public Works Department Director,
introduced the item that is the second of three planned rate increases to finance the
$100 million Stormwater improvement to convert gravity to pump systems and help
overcome the next 30 years of sea level rise.
Mitch Novick expressed his disagreement with this rate increase.
Handouts or Reference Materials:
1. Ad 1211 published in The Miami Herald
Page 18 of 49
6:13:13 p.m.
R5 K 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.
5:12 p.m. First Reading Office of the City Attorney
Deferred from September 14, 2016 - R5 AD
Commissioner Joy Malakoff and John Elizabeth Alemán
and Co-Sponsored by Vice-Mayor Michael Grieco
ACTION: Title of the Ordinance read into the record. Item opened and continued by
acclamation to the October 19, 2016 Commission Meeting. Lilia Cardillo to place on
the Commission Agenda, if received. Office of the City Attorney to handle.
No discussion held on this item.
Handouts or Reference Materials:
1. Ad 1211 published in The Miami Herald
Page 19 of 49
4:45:33 p.m.
R5 L 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
Deferred from September 14, 2016 - R5 AJ Commissioner Kristen Rosen Gonzalez
ACTION: Title of the Ordinance read into the record. Ordinance adopted on first
reading. Motion made by Commissioner Rosen Gonzalez to approve the Ordinance;
seconded by Commissioner Arriola; Ballot vote: 7-0. Second Reading, Public Hearing
scheduled for the October 19, 2016 Commission Meeting. Rafael E. Granado to
notice. Lilia Cardillo to place on the Commission Agenda, if received. Michael Smith
to handle.
Sonia Bridges, Risk Management, Human Resources Department, explained that the
Ordinance includes six weeks of leave paid by the City; the first two weeks are 100%
paid, the second two weeks are 75% paid, and the third two weeks are 50% paid. It
will run concurrent with family and medical leave that is approved for parental leave.
Mayor Levine asked if it includes Commissioners.
Raul Aguila City Attorney stated it does include Commissioners if they are unclassified.
Commissioner Malakoff stated is also pertains to adoptions.
Commissioner Rosen Gonzalez stated that people struggle after childbirth, and the
City is progressive and she is in full support.
4:48:38 p.m.
R5 M 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
Deferred from September 14, 2016 - R5 V Commissioner Kristen Rosen Gonzalez
ACTION: Title of the Ordinance read into the record. Ordinance adopted on first
reading. Motion made by Commissioner Rosen Gonzalez to approve the Ordinance;
seconded by Commissioner Malakoff; Ballot vote: 7-0. Second Reading, Public
Hearing scheduled for the October 19, 2016 Commission Meeting. Rafael E. Granado
Page 20 of 49
to notice. Lilia Cardillo to place on the Commission Agenda, if received. Michael
Smith to handle
See discussion with item R5 L.
R5 N 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
Deferred from September 14, 2016 - R5 Y Mayor Philip Levine
ACTION: Item withdrawn.
R5 O 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 from September 14, 2016 - R5 Z Mayor Philip Levine
and Co-Sponsored by Commissioner Joy Malakoff
ACTION: Item withdrawn.
Page 21 of 49
4:51:00 p.m.
R5 P SIGNAGE ORDINANCE:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY STRIKING IN ITS
ENTIRETY CHAPTER 138, "SIGNS;" AND REPLACING IT WITH A NEW CHAPTER
138, "SIGNS," AMENDING AND MODIFYING ALL EXISTING REGULATIONS FOR
ALL SIGNS IN ALL DISTRICTS, INCLUDING GENERAL REQUIREMENTS, EXEMPT
SIGNS, PROHIBITED SIGNS, PERMITTED SIGNS, NONCONFORMING SIGNS,
SPECIFIC DISTRICT SIGNS, SPECIFIC CONDITION SIGNS, TEMPORARY SIGNS,
AND ARTISTIC OR SUPER GRAPHICS; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
First Reading Planning
Deferred from September 14, 2016 - R5 X Commissioner Ricky Arriola
ACTION: Title of the Ordinance read into the record. Ordinance adopted on first
reading as amended. Item referred to the Finance and Citywide Projects Committee.
Motion made by Commissioner Grieco to approve the Ordinance; seconded by
Commissioner Rosen Gonzalez. Ballot vote: 7-0. Second Reading, Public Hearing
scheduled for 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.
RECOMMENDATIONS BETWEEN FIRST AND SECOND READING:
a. Include revisions to Sections 138-20 and 138-21 (see Amendments below)
b. Signage be kept at a certain distance separation from buildings and reviewed by
the Design Review Board
c. Address limitations on large digital graphics, super graphics and regulate content
d. Review Section 138-4 (7) regarding vehicles carrying signs, election related
signs on cars, and to allow two real estate signs; ensure language remains.
e. Bring back to the October 19, 2016 Commission Meeting
Pursuant to Section 2-13 of the Code, motion accepting the Land Use and
Development Committee’s recommendation of this Ordinance was made by Vice-
Mayor Grieco, seconded by Commissioner Malakoff; Voice vote: 7-0.
AMENDMENTS:
The language underlined with double underline and double strike through is
language as proposed by Commissioner Arriola.
(b) Legal nonconforming signs located within a local or National Register Historic
District or local historic site.
(1) Existing legal nonconforming signs, including roof and pole signs located within a
site containing at least one contributing structure, or within a local historic site, may be
repaired or restored regardless of cost and may be retained regardless of change in
ownership if all of the following criteria are met:
a. The sign was installed within 30 years of the associated structure's initial
construction according to the City of Miami Beach Building Permit Records. If no City
building permit record exists, the applicant shall submit historical documentation that
demonstrates the sign was installed within approximately 30 years of the structure’s
initial construction.
b. The sign shall retain its existing content and copy, or the original content and copy
Page 22 of 49
may be restored consistent with historical documentation. c. The location and design
of the existing sign is consistent with the architectural style of the existing structure and
does not detract from the character of the existing structure, or the established context
of the surrounding streetscape.
(2) Signs, including roof and pole signs, which were installed on a building or site
located within a local or National Register Historic District containing at least one
contributing building, or within a local historic site but were subsequently removed or
altered, may be reconstructed subject to the Certificate of Appropriateness Criteria or
Design Review Criteria as applicable, in Chapter 118 and herein, if all of the following
criteria are met:
a. The sign was located within a site located within a local or National Register Historic
District containing at least one contributing building, or within a local historic site.
b.a. The sign was permitted within 30 years of the associated structure's initial
construction according to the City of Miami Beach Building Permit Records. If no City
building permit record exists, the applicant shall submit historical documentation, which
demonstrates the sign was installed within approximately 30 years of the structure’s
initial construction.
c.b Substantial historical evidence of the original configuration of the sign is available.
d.c. The original content, design, dimensions and copy of the sign shall be
reconstructed consistent with substantial historical documentation, and the sign shall
be located in close proximity to the original location on the building or site.
e.d. The location and design of the sign is consistent with a historical period of
significance and does not detract from the architectural character of the structure on
which it is located, or the established context of the surrounding streetscape.
(3) Signs, including roof and pole signs, which were installed on a noncontributing
building or site located within a local Historic District but were subsequently removed
or altered, may be reconstructed subject to Certificate of Appropriateness approval by
the Historic Preservation Board based on the criteria in Chapter 118 and herein, if all
of the following criteria are met:
a. The noncontributing building or structure was initially constructed prior to 1966.
b. The sign was permitted within 10 years of the associated structure's initial
construction according to the City of Miami Beach Building Permit Records. If no City
building permit record exists, the applicant shall submit historical documentation, which
demonstrates the sign was installed within approximately 10 years of the structure’s
initial construction.
c. Substantial historical evidence of the original configuration of the sign is available.
d. The original content, design, dimensions and copy of the sign shall be reconstructed
consistent with substantial historical documentation, and the sign shall be located in
close proximity to the original location on the building or site. e. The location and
design of the sign is consistent with a historical period of significance and does not
detract from the architectural character of the structure on which it is located, or the
established context of the surrounding streetscape.
(3) (4) The renovation or reconstruction of an eligible sign(s) shall be reviewed in
accordance with the Certificate of Appropriateness Criteria as set forth in section 118-
564 of the City Code or the Design Review Criteria as set forth is section 118-251 as
applicable, and shall not be required to meet existing sign regulations as it pertains to
the overall size, location and number of signs. The renovated or reconstructed sign
shall not be construed as additional signage, but rather the retention of original historic
elements of a building or structure.
(4) (5) A change of copy may be approved by the Historic Preservation Board or
Design Review Board as applicable, provided the sign meets the criteria in (1), (2) or
Page 23 of 49
(2)(3) above.
Commissioner Arriola stated that this is an effort to update the sign Ordinances and
modernize outdated language by providing new procedures for approving signs.
Commissioner Rosen Gonzalez asked about certain exemptions and wanted to know if
magnet and real state signs would be put back in.
Discussion held.
Thomas Mooney, Planning Department Director, explained that this is a
comprehensive Ordinance, and it was an opportunity to redo the sign Ordinance to
make it friendlier; they made changes to how allowable wall signage is calculated to
update that, and pursuant Planning Board action today, who endorsed Sections 138-
20 and 138-21, which are the minimum design and supplemental standards to try to
improve the aesthetics of signage. The Ordinance is legally sufficient and consistent
with recent Supreme Court decisions, as approved in form by the City Attorney.
Michael Belush, Planning and Zoning Manager, did extensive drafting. He added that
the City already prohibits signs on moving vehicles.
Michael Belush, Planning and Zoning Manager, explained that the requirements are
unchanged, only the language has been moved around.
Commissioner Rosen Gonzalez requested to keep exemptions in Section 138-4(7)
vehicles carrying signs, election related signs on cars, and to allow two real estate
signs.
Commissioner Steinberg stated that there are rights that supersede this exemption.
Mr. Belush suggested clarifying language between first and second reading. They are
trying to consolidate the temporary signs to make them consistent, and in order to
comply with recent cases, they are treating real estate and construction signs in the
same manner, as far as location and size requirements.
Discussion continued regarding political signs being exempt from this provision.
Commissioner Malakoff asked about the large graphics, super graphics and digitals
that are not addressed here, which can bring problems. She suggested signage be
kept at a certain distance separation from buildings and should go to the Design
Review Board. She has a big problem with any moving digital signs, including the ones
on moving vehicles, as they may impact moving vehicles. Drivers do not need further
distraction on the streets.
Discussion held.
Michael Belush stated that the distance separation would also be clarified between first
and second reading.
Commissioner Steinberg has an issue with super graphics in general, and believes a
loophole exists. She suggested removing that portion to be discussed later. She asked
how will the City regulate the super graphic signage and how do they stop it from being
Page 24 of 49
like Time Square.
Mr. Mooney stated that under the current Code, a super graphic is defined as a non-
commercial graphic; it has to go to either the Design Review Board or the Historic
Preservation Board, and cannot be approved administratively. The section of the Code
does not include the size. If the City Commission wants to explore adding distance
separation, limitations on digital graphics, and/or regulating content, they will do so and
discuss it at the next Commission Meeting.
Michael Belush added that the Planning Board also recommended a proposal for
protected images not being next to Residential Districts, and that requirement as
recommended will stay in place.
Commissioner Arriola explained that Ocean Drive is iconic because of the neon signs,
and under the present Code, many would not be allowed. As long as there is a
procedure for approving artistic looking signs, he is in support. As far as super
graphics, this is also updating the Code with new technology, and finding a happy
medium. Signs could be used for artistic and emergency purposes during Amber Alert,
for example, and he does think it should be stricken.
Commissioner Steinberg explained that is the reason she wants to separate that
portion for discussion.
Handouts or Reference Materials:
1. Email from Eve Boutsis dated September 27, 2016 RE: Sign Revision.docx
2. Email from Eve Boutsis dated September 27, 2016 RE: Sign Revision (3)
R7 - Resolutions
5:04:31 p.m.
R7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ADOPTING: 1) THE FINAL AD VALOREM MILLAGE OF 5.7092
MILLS FOR GENERAL OPERATING PURPOSES, WHICH IS TEN AND ONE-
TENTHS PERCENT (10.1%) MORE THAN THE "ROLLED-BACK" RATE OF 5.1866
MILLS; AND 2) THE DEBT SERVICE MILLAGE RATE OF 0.1796 MILLS.
5:01 p.m. Second Reading Public Hearing Budget & Performance Improvement
First Reading on September 14, 2016 - R7 C
ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution
No. 2016-29578 adopted. Motion made by Commissioner Malakoff; seconded by
Vice-Mayor Grieco; Voice vote: 7-0. Cintya G. Ramos to handle.
Cintya G. Ramos, Budget & Performance Improvement Director, stated that the
tentative millage rate is 5.8888, which is 0.0235 mills lower than the previous Fiscal
Year, and the lowest in the history of the City.
No further discussion held.
Handouts or Reference Materials:
1. Ad No. 1209 published in The Miami Herald
Page 25 of 49
5:05:57 p.m.
R7 B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ADOPTING FINAL BUDGETS FOR THE GENERAL, G.O. DEBT
SERVICE, RDA AD VALOREM TAXES, ENTERPRISE, INTERNAL SERVICE, AND
SPECIAL REVENUE FUNDS FOR FISCAL YEAR 2016/17.
5:01 p.m. Second Reading Public Hearing Budget & Performance Improvement
First Reading on September 14, 2016 - R7 D
ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution
No. 2016-29579 adopted as amended. Motion made by Commissioner Malakoff;
seconded by Commissioner Rosen Gonzalez. Voice vote: 7-0. Cintya G. Ramos to
handle.
AMENDMENTS:
BASS MUSEUM:
Fund The Bass Museum in the total amount of $550,000
$300,000 - Air & Sea Show budget amount was reduced from $650,000 to
$350,000, freeing up $300,000, half of which the Administration recommends to go
towards The Bass Museum.
SENIOR MEALS:
Option 1: $50,000 paid out of Citywide contingency line item in the upcoming budget,
and this would serve 40 congregate meals for 185 days at a cost of $5.90 per meal
Cintya G. Ramos, Budget & Performance Improvement Director, stated that on first
public reading, direction was given to come back with an update on the Air & Sea
Show, The Bass Museum, World OutGames and the Senior Meals program funding.
AIR & SEA SHOW FUNDING:
$300,000 - Air & Sea Show budget amount was reduced from $650,000 to $350,000,
freeing up $300,000, half of which the Administration recommends to go towards The
Bass Museum.
$200,000 - Office of the City Attorney to notify the Air & Sea Show of their
responsibility for the $200,000 cost; if they continue to allege that they are not
responsible for this cost, based upon the lease, then they would proceed to put them
on default. If they are successful in putting the Air & Sea Show in default, the amount
going for that event would be available.
Ms. Ramos informed that the cost has been reduced from $650,000 to $350,000. They
are recommending that half of that reduction, in the amount of $150,000, go to support
The Bass Museum’s request, in the amount of $150,000 and an additional $250,000
will come from the Cultural Arts Council Endowment fund, which funds their request at
$400,000 one-time for this upcoming Fiscal Year, and then they will re-evaluate the
City’s fiscal position next year to see if they can continue that level of support in the
future.
Commissioner Malakoff explained that the level of support was requested, and has
been $560,000, not $400,000. She asked about the Miami Beach Bowl and the
Ciclovía events, and whether it is possible to take $50,000 from Ciclovía and have it
Page 26 of 49
four times per year, instead of what is currently planned. She also requested the same
for Miami Beach Bowl, and whether that amount can be reduced.
Ms. Ramos stated that Ciclovía events are funded with special revenue funds, so this
amount will not be able to be used for The Bass Museum; however, the City
Commission can direct funds to be made available from the Miami Beach Bowl.
Commissioner Rosen Gonzalez suggested reallocating the funds from Miami Beach
Bowl to The Bass Museum.
Mayor Levine asked City Attorney Aguila that in the event they do not move forward
with the Air & Sea Show, will there be additional funds available?
City Attorney Aguila explained that the last direction from the City Commission was to
hold off on putting the Air & Sea Show in default, until they have a specific number as
to what the proposed security cost for their event is. Since then they have been
provided with a definite number, which he has been told is under $200,000. The next
step, as directed by this City Commission, is to notify in writing what their specific cost
is, having them acknowledge the provision in the lease that states that, after the cost
that the City puts in for Memorial Day, the Air & Sea Show is responsible for the cost; if
they continue to allege that they are not responsible for this cost, based upon the
lease, then they would proceed to put them on default. As he understands, he has the
authority to put them in default. If they are successful in putting the Air & Sea Show in
default, the amount going for that event would be available.
Jimmy L. Morales, City Manager, stated that the budget amount was reduced from
$650,000 to $350,000, thereby freeing up $300,000, half of which they recommend to
go towards The Bass Museum, and the other half to contingency funds.
Mayor Levine asked if there is consensus to fund The Bass Museum. There was
consensus to fund fully The Bass.
Commissioner Malakoff stated that The Bass Museum, the New World Symphony and
The Miami City Ballet are the three important cultural icons of the City. The Bass
Museum is being funded last by the City of Miami Beach, but almost any other art
museum by the City or the County. She suggested putting the entire amount towards
The Bass Museum in order to have programming for visitors and residents.
Ms. Ramos clarified that this is being done on a one-time basis for FY 16/17, and the
discussion will come back next year.
Commissioner Rosen Gonzalez added that the budget is made of choices. This year
the City was lucky to have an increase property values that allowed us to lower the
millage rate. Given the fact that properties are worth more than ever, she thinks the
millage could have been even lower. During the leadership of former Mayor Dermer
when the City had these types of property value increases, residents received a check.
On Ocean Drive, they had expenses with added patrol and Police Officers, but there is
a $40 million elephant in this budget, and she believes it is the train. That train is $40
million of taxpayers’ money, and the City could use these funds to finish capital
projects, for sea level rise and other important projects. She suggested having the train
funded by the Federal Government, the State and Miami-Dade County, not Miami
Page 27 of 49
Beach residents. This train is controversial and residents should be able to vote on
this. She understands the need for mass transit, but strongly suggested putting
pressure on the County, State and Federal governments to fund the train. She
suggested reallocating the $40 million for this train, and sending refund checks to
every resident of Miami Beach. She cannot vote for the Operating Budget or the
Capital Project.
Commissioner Arriola replied that it is not fair to frame the argument the way
Commissioner Rosen Gonzalez has done in requesting to defund a project like the
train, and redistribute the money to other projects. This is a very complicated budget
and it is not constructive to do in this setting. They have an obligation to resolve the
traffic issues and light rail is the way to go. Light rail was overwhelmingly popular with
citizens on a prior ballot and traffic is now worse.
Discussion held regarding trolley system costs, intelligent traffic system, etc.
Mr. Morales stated that by the time the trolley system rolls out, it will be $12 million
annual expense to North, Middle and South Beach connector.
Discussion continued.
Mayor Levine added that there will be many opportunities going forward to discuss the
train, and opportunities for the public to have input on the train. The fact that there has
been an allocation does not mean that funds have been spent. At this point, the City
Commission is hopefully approving a budget on this projection, and if there are
changes in the plans, and if there is a decision not to move forward with the train, or if
there are additional budgets from the Federal government or State, then the options
are open. At the moment, only the funds are being allocated.
Discussion held regarding Miami Beach Convention Center project.
City Manager Morales stated that the $40 million Commissioner Rosen Gonzalez is
referring to are capital dollars and can be used for capital projects. At the last budget
hearing, he pointed out that they are proposing $10 million of the $40 million that could
be a buffer for Zika related issues and its impact, but none of that money is to be spent
this year, and if this City Commission decides not to go through with a streetcar, it
could be freed up only for capital projects, not operating expenses.
Commissioner Malakoff stated that after receiving $200 refund checks residents were
happy, but that was during the period of plenty. That money that went out should have
been put in reserves, because after the times of plenty, the City went into a recession,
taxes went up, and if those dollars had been placed into a reserve, they would not
have had to tighten their belts. She objects to the idea of sending checks to residents.
Discussion continued.
Page 28 of 49
SENIOR MEALS:
Cintya G. Ramos, Budget & Performance Improvement Director, indicated that as
directed, two options are available:
Option 1: $50,000 paid out of Citywide contingency line item in the upcoming budget,
and this would serve 40 congregate meals for 185 days at a cost of $5.90 per meal
Option 2 : Establish a box meal with two delivery points, one at Stella Maris and a
second one at the UNIDAD Senior Center, to serve approximately 100 meals at $5 per
meal and it would cost $92,500 that would be funded out of contingency.
Discussion held.
Maria Ruiz, Housing & Community Services Director, stated that Betty Ruano, from
Little Havana Activities and Nutrition Center is in the audience and can speak directly
as of the funding. She explained that Stella Maris did not have funding at present, and
that is the reason they requested additional funding from the City.
Betty Ruano, Little Havana Activities and Nutrition Center, stated that they had some
State funding that finished on June 30, 2016. For the new State FY 16-17, they were
not re-funded for the meals or adult care portion of the contract, and therefore, Little
Havana Activities and Nutrition Center determined to close some centers to reduce the
200 meals needed by budget, and that is what put them in the situation with Stella
Maris and other centers. Stella Maris is pending determination from this body.
Ms. Ramos explained that they came up with an alternate scenario that would feed
more seniors through a consolidated program, and that is what they are presenting to
the City Commission.
Mayor Levine stated this it is complicated to have meals at the Senior Center, which
the City does not manage or control. He is in favor of doing Stella Maris, which is the
immediate need, and then look at the bigger picture down the road with the Senior
Center possible, if there is a way to see how the City can have more control.
Maria Ruiz added that they have a significant number of seniors in UNIDAD that are
receiving programming from City staff, but are not participating in the meal programs,
as they do not have those congregate meal sites in North Beach.
Discussion continued.
Commissioner Alemán explained the challenges of being an elected official and
prioritizing the community needs; however, she expects accurate hearings about how
the City uses taxpayer’s money; and in this case, is a matter of convenience, not
hunger. Stella Maris is an independent living facility and all the seniors there were
offered free transportation to and from lunch, but they declined the offer. Additionally,
in discussions with Maria Ruiz it was clarified that these are not the most desperate
seniors in our community. She asked Maria to comment on whether the City has other
meal funding for seniors, or if this sets a new precedent.
Maria Ruiz, Housing & Community Services Director, commented that there is
significant need throughout the City for seniors on fixed income, who are facing
Page 29 of 49
increases in assessments on condominiums, insurance and other daily living cost. The
majority of homeowner elderly residents do not have the convenience of having a fixed
percentage to go towards housing, so there is a greater need there. In terms of setting
precedent, all meal sites are funded through the State of Florida, the Alliance for Aging
and through Federal funds. The City historically has not paid for meals except in
emergencies, and up to date, there have been two emergencies, including the Stella
Maris situation, but the City historically does not pay for meal sites.
Discussion held.
Commissioner Rosen Gonzalez stated that she has been getting this funded privately,
and explained that they are filling a one-year gap for emergency funding, since
something happened at State level and Little Havana did not get the right amount of
funding. She referred to two letters that she gave to Commissioner Alemán from two
State legislators who announced that the entire Miami-Dade delegation is going to
Tallahassee and lobby to restore this funding. Therefore, this is a one-time funding for
Stella Maris. It is an emergency funding. She asked Commissioner Alemán to have
compassion and approve the emergency funding. If there is $90,000 in the budget to
provide food at Stella Maris and 15 meals at UNIDAD, why can this be done?
Mayor Levine explained that there is a lack of consensus in providing emergency
funding for Stella Maris, although he thinks it is a good thing to do, but when it comes
to UNIDAD, this issue is something for further discussion, and perhaps the City can
consider some opportunity with the Senior Center in the future.
Commissioner Alemán stated that to be a good Commissioner, and have the courage
to have a responsible fiscal discussion, should not include attacks of lack of
compassion for seniors. It is unnecessary and inappropriate.
There was consensus to select Option 1.
Handouts or Reference Materials:
1. Ad No. 1209 published in The Miami Herald
5:35:23 p.m.
R7 C A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES
LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING
THE FINAL AD VALOREM MILLAGE RATE OF 1.0093 MILLS FOR FISCAL YEAR
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.
5:02 p.m. Second Reading Public Hearing Budget & Performance Improvement
First Reading on September 14, 2016 - R7 E
ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution
No. 2016-29580 adopted. Motion made by Commissioner Steinberg; seconded by
Commissioner Malakoff. Voice vote: 7-0. Cintya G. Ramos to handle.
Page 30 of 49
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.
Cintya G. Ramos, Budget & Performance Improvement, introduced the item. She
stated that this item sets the millage rate for Normandy Shore District; it is the same
millage rate as last Fiscal Year, which is 1.0093. The Board of Directors of the
Normandy Shores Local Government Improvement District has voted in favor of this
millage rate and the City is concurring with their decision.
Handouts or Reference Materials:
1. Ad No. 1209 published in The Miami Herald
5:36:21 p.m.
R7 D A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES
LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING
THE FINAL OPERATING BUDGET FOR FISCAL YEAR 2016/17.
5:02 p.m. Second Reading Public Hearing Budget & Performance Improvement
First Reading on September 14, 2016 - R7 F
ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution
No. 2016-29581 adopted. Motion made by Commissioner Alemán; seconded by
Commissioner Steinberg. Voice vote: 7-0. Cintya G. Ramos to handle.
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 No. 1209 published in The Miami Herald
5:36:47 p.m.
R7 E A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ADOPTING THE FINAL CAPITAL IMPROVEMENT PLAN FOR
FISCAL YEARS 2016/172020/21 AND ADOPTING THE CITY OF MIAMI BEACH
FINAL CAPITAL BUDGET FOR FISCAL YEAR 2016/17.
5:03 p.m. Second Reading Public Hearing Budget & Performance
Improvement
First Reading on September 14, 2016 - R7 G
ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution
No. 2016-29582 adopted as amended. Motion made by Commissioner Malakoff;
seconded by Commissioner Alemán. Voice vote: 6-1; Opposed: Commissioner Rosen
Gonzalez. Cintya G. Ramos to handle.
AMENDMENT:
Proceed with option 1, the four-year loan for the Public Safety Radio and Viper 911
System.
Page 31 of 49
Cintya G. Ramos, Budget & Performance Improvement Director, stated that regarding
the upgrade to the Police and Fire Department Public Safety Radio and Viper 911
Systems there are two options. Option 1 assumes a four-year loan, while option 2
assumes a three-year loan. She added that there would be a $160,000 savings
between the four-year loan and the three-year loan. The preference of which loan term
to choose is up to the City Commission.
City Manager Morales stated that it is a high priority to obtain a state-of-the-art radio
system for the Fire and Police Departments, as well as a state-of-the-art 911 Viper
system. The Budget Department recommends going with the three-year loan, because
it saves in debt costs, but either option gives the City the opportunity to purchase the
equipment without raising taxes of issuing bonds.
Commissioner Alemán is in support of this item, as the City needs a new radio system
as the current radio system has connectivity problems when Police Officers are at the
bottom of buildings or going over the causeways into the City of Miami. She is pleased
that neither option puts the City in a bad financial position.
Commissioner Malakoff expressed her concerns with the discrepancy of PAYGO
between the two options. If the City chooses to go with option 2, it will be paying $1
million each year, and quality of life funds changes from $700,000 to $800,000. She
asked why there is such a difference in the PAYGO.
Mr. Morales explained that the IT and quality of life funds are small to begin with, and
do not have much room to grow. PAYGO offers the most flexibility in terms of the
project. He prefers the four-year option, because it frees up more PAYGO money. The
trade-off is in the three-year plan the City would pay off the loan sooner and save
interest, while the four-year plan provides the City with more money for pay-as-you-go
projects.
Discussion continued regarding PAYGO.
Commissioner Arriola expressed his support for the four-year assessment.
Commissioner Steinberg asked if there is a “piggybacking” option with other
municipalities.
Mr. Morales explained that the City could “piggyback” with other cities like the City of
Miami, but the costs would be the same.
Commissioner Rosen Gonzalez stated that although she supports the upgrade of the
Police and fire radio system, she would be voting against the budget.
Mr. Morales congratulated Ms. Ramos on her first budget for the City.
Handouts or Reference Materials:
1. Ad No. 1209 published in The Miami Herald
2. Public Safety Projects Funding Scenarios
Page 32 of 49
7:14:18 p.m.
R7 F A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO ESTABLISH FURTHER
RESTRICTIONS ON RIGHT-OF-WAY CLOSURE TIMES FOR CONSTRUCTION
WORK ALONG MAJOR THOROUGHFARES.
Deferred from September 14, 2016 - R7 I Transportation
ACTION: Resolution No. 2016-29583 adopted. Motion made by Vice-Mayor Grieco;
seconded by Commissioner Rosen Gonzalez. Voice vote: 7-0. Jose Gonzalez to
handle.
Jose Gonzalez, Transportation Director, explained that this item would expand the
current rush hour period in which no lane closures within the right of way would be
permitted, with exception to emergency projects within an engineering nature. Staff
recommends that the current rush hour period be expanded from 7:00 a.m. to 10:00
a.m. and from 3:30 p.m. to 7:00 p.m. The Neighborhood/Community Affairs Committee
endorsed the restriction of lane closures to occur only along major thoroughfares
between 10:00 a.m. and 3:30 p.m.
Frank Del Vecchio stated that this is a move in the right direction, but had one
technical question. There are 14 or 15 streets involved in this proposal, four of which
are State roads: Alton Road, 41 st Street, 5 th Street, and Collins Avenue. Does the City
have a management or maintenance agreement? In addition, does the City have
operational or approval to extend jurisdiction as recommended?
Mr. Gonzalez stated that there is no formal agreement with FDOT for this proposal, but
the City works very closely with them. There are some restrictions in place, and
currently FDOT respects the lane closures from 7:00 a.m. to 9:30 a.m.
7:17:40 p.m.
R7 G 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.
Deferred from September 14, 2016 - R7 K
Public Works
ACTION: Resolution No. 2016-29584 adopted. Motion made by Commissioner
Rosen Gonzalez; seconded by Vice-Mayor Grieco. Voice vote: 7-0. Eric Carpenter to
handle.
Jimmy L. Morales, City Manager, introduced the item. He stated that the City is
currently working on the Indian Creek seawall, and a good portion of the right of way
Page 33 of 49
(ROW) along the canal is privately owned. The City is in contact with property owners,
and if they wanted to quit claim deed the property to the City, it would facilitate and
improve the project.
Neisen Kasdin, Esq., Faena Group, stated that he is not opposed to the motion;
however, he believes if the City accepts an easement that controls the seawall, instead
of the entire outlets; it would better facilitate and improve the project.
Eric Carpenter offered three options: 1) leave it status quo and build the retaining wall
at the edge of the City and State property; b) property owners can improve their wall,
and the City can work on the edge of the wall that does not belong to property owners
or c) residents can deed the property over to the City to make it beneficial to the
community. He stated that for property owners to hand over their seawall to the City for
repair while retaining their property in poor condition is not beneficial to residents or
the City.
Mr. Kasdin added that the purpose of the seawall construction is not for maintenance,
but for lifting and protection. It benefits the entire public.
Mayor Levine stated that this is just about stopping the flooding on Indian Creek.
Whatever is the fastest way to stop flooding is what he wants.
Mr. Kasdin believes his method would be the fastest and the other thing is it would not
create a no-man’s land between the western end of Indian Creek Drive and the Creek
itself, which would leave that area in worse condition. An easement gives the City all
the control it wants, and it would expedite the completion of the project.
Eve Boutsis, Deputy City Attorney, believes the City should own what it is maintaining.
She is working with property owners. A few property owners have asked to tweak the
City proposed Quit Claim Deed as it relates to being able to build docks.
Harmony Der Kief would like to know if it is possible to give the City easements rights
to build the seawall, so they can beautify their property at a reasonable cost, instead of
having an unappealing zigzag along the way. She has heard from other building
associations that they want to keep their seawall property as well.
Vice-Mayor Grieco stated that the concept of the easement is not the way to go. If the
City owns the property, they can create consistency. The City can do two things: 1)
stop the flooding on Indian Creek, and 2) it gives the City the opportunity to own the
property and create a linear park. If they go with easements, it will not be accessible to
the public and it will not be consistent. The concept that Eric Carpenter mentioned is
the way to go.
Commissioner Malakoff stated that the property owners should have docking rights.
Vice-Mayor Grieco agreed property owners should have docking rights.
Page 34 of 49
7:24:36 p.m.
R7 H 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.
Deferred from September 14, 2016 - R7 L Office of the City Manager
Commissioner John Elizabeth Alemán
ACTION: Resolution No. 2016-29585 adopted. Motion made by Commissioner
Alemán; seconded by Commissioner Malakoff. Voice vote: 7-0. Office of the City
Manager to handle.
Amy Knowles, Deputy Resiliency Officer, introduced the item that will create a
Resiliency Communications Committee to help the Mayor’s Blue Ribbon Panel on Sea
Level Rise.
Commissioner Alemán expressed her support for the new committee, and stated that it
will provide valuable information to residents on how to reduce flood risk and costs to
flood insurance.
7:26:41 p.m.
SUPPLEMENTAL MATERIAL 1: MEMORANDUM
R7 I 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.
Deferred from September 14, 2016 - C7 Y Human
Resources
ACTION: Resolution No. 2016-29586 adopted. Motion made by Commissioner
Steinberg; seconded by Vice-Mayor Grieco. Voice vote: 7-0. Michael Smith to
handle.
Michael Smith, Human Resources Director, introduced the item. He stated this is a
three-year agreement with the Government Supervisors Association, with the same
COLAs as the other bargaining units; there are also a number of other items which
create an impact to the budget, just under a half million dollars.
Jimmy Morales, City Manager, stated the item was ratified by over 80% of the
membership.
Page 35 of 49
7:27:11 p.m.
R7 J 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 No. 2016-29587 adopted. Motion made by Commissioner
Alemán; seconded by Commissioner Malakoff. Voice vote: 7-0. Max Sklar to handle.
Max Sklar, Director of the Department of Tourism, Culture and Economic
Development, introduced the item. At the last City Commission Meeting, the possibility
of adding ground retail floor to this garage project was discussed. If the City were to
add ground floor retail, the garage would lose at a minimum 50 parking spaces. The
proposer has stated that they did not include retail, because they do not believe it is
viable given the parking garage’s dimensions and location, but if the City Commission
would like to pursue retail space, the administration will negotiate with the proposer.
Commissioner Malakoff stated that the lack of retail is not a problem, but she would
like the garage to have stylized skin, so that pedestrians and drivers do not see a
blank wall.
Mr. Sklar stated that there is an alternate proposal for a garage skin, but it does cost
more money.
Discussion continued.
Commissioner Malakoff stated that this parking garage should have a skin.
Commissioner Alemán motioned the award, and gave direction to negotiate with both
entities; seconded by Commissioner Malakoff.
Page 36 of 49
7:30:34 p.m.
R7 K A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE CITY MANAGER'S
EMPLOYMENT AGREEMENT WITH THE CITY TO INCREASE THE CITY
MANAGER'S BASE SALARY FROM $262,649.92 TO $271,590.28, EFFECTIVE
OCTOBER 1, 2016, TO BE EQUAL TO THE CURRENT BASE SALARY OF THE
CITY ATTORNEY.
Office of the City Attorney
Mayor Philip Levine
ACTION: Resolution No. 2016-29588 adopted. Item referred. Motion made by Vice-
Mayor Grieco; seconded by Commissioner Alemán. Voice vote: 7-0.
REFERRAL:
Discuss at Finance and Citywide Projects Committee conducting a comparison study
among similar executives in Miami-Dade County for next year’s budget. Allison
Williams to place on the Committee Agenda; Michael Smith to handle.
Commissioner Arriola introduced the item stating he researched comparable salaries
of City Managers and CEOs and they are substantially higher than what the City
Manager makes, but he suggested looking at Mr. Morales’s salary and ensure the City
is paying an adequate salary for the City Manager’s work. He requested conducting a
market study among similar executives in Miami-Dade County, only if the other
Commissioners agree.
Jimmy L. Morales, City Manager, stated that this is not in the budget, and he is ok with
his salary.
Mayor Levine suggested bringing it to the Finance and Citywide Projects so they can
conduct a study for next year’s budget. The was consensus to refer the item.
R9 - New Business and Commission Requests
R9 A DISCUSSION REGARDING OCEAN DRIVE PROPOSAL SUBMITTED BY THE
CLEVELANDER.
Deferred from September 14, 2016 - R9 E
Vice-Mayor Michael Grieco
ACTION: Item withdrawn.
Page 37 of 49
R9 B1 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, REPEALING RESOLUTION NO. 2016-29522, WHICH CALLED
FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 8, 2016, FOR THE
PURPOSE OF SUBMITTING AN ADVISORY, NON-BINDING STRAW BALLOT
QUESTION TO THE ELECTORATE OF THE CITY OF MIAMI BEACH ASKING
WHETHER THE MAYOR AND CITY COMMISSION SHOULD ADOPT AN
ORDINANCE STOPPING THE SALE AND CONSUMPTION OF ALCOHOLIC
BEVERAGES AT 2:00 A.M., INSTEAD OF 5:00 A.M., FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS LOCATED ON OCEAN DRIVE BETWEEN 5TH AND 15TH
STREETS, EXCEPT FOR INDOOR PORTIONS OF ALCOHOLIC BEVERAGE
ESTABLISHMENTS THAT ARE COMPLETELY ENCLOSED AND LOCATED
ENTIRELY WITHIN HOTELS.
Commissioner Ricky Arriola
ACTION: Resolution No. 2016-29589 adopted. See action with R9 B2. Motion made
by Commissioner Arriola; seconded by Vice-Mayor Grieco. Voice vote: 7-0. Office of
the City Clerk to handle.
Handouts or Reference Materials:
1. Email from Nick Kallergis dated September 27, 2016 RE: Straw Ballot Question.
2. Letter of Support from Wendy Kallergis, President & CEO, Greater Miami & The Beaches
Hotel Association, dated September 27, 2016, RE: Renovation and Expansion of the Betsy.
3. Proposals for Points 1D, 3E, and 3K.
6:14:01 p.m.
R9 B2 DISCUSS AND CONSIDER FOR ADOPTION THE 10 POINT PROPOSAL FOR
OCEAN DRIVE.
Deferred from September 14, 2016 - R9 AE
ACTION: Discussion held. Resolution No. 2016-29590 adopted. Motion made by
Commissioner Arriola that the City Commission conceptually approve the 10-Point
Plan and give direction to the City Manager and Office of the City Attorney to proceed
to implement the action item in the plans; provided that they shall report to the City
Commission as to any items that cannot be implemented; seconded by Vice-Mayor
Grieco. Voice vote: 7-0. Office of the City Attorney and Susanne Torriente.
RECOMMENDATIONS:
Item No. 3 (D) Width of Umbrellas and Awnings: “The maximum width of
umbrellas and awnings on the sidewalk shall be the width of the west sidewalk
minus 5 7 feet for an unobstructed pedestrian path.
Item 3 (C) Trees. The City shall relocate certain trees in order to provide for an
unimpeded 5-foot pedestrian walkway clearance and to improve the visibility of the
historic, architecturally significant building facades. In those cases where trees are
relocated, the City will fill with concrete the area where the tree formerly stood in
order to match the existing sidewalk plan.
Item 4 Prohibition on Formula Restaurants and Retail and Other Limits on
Retail she agrees with (C) Certain Stores but asked to look at chain stores
carefully, and is not sure what its definition is.
Review Definition of Chain Store under Item 4 A. “Chain” Retail . “Chain”
restaurants and other retail establishments will be prohibited on Ocean Drive. Any
Page 38 of 49
“chain” restaurant or retail establishment having a valid business tax receipt as of
the date that “zoning in progress” commences will be “grandfathered” and deemed
legally nonconforming. In order to try to prevent “chain” businesses from rushing to
get licenses before this new legislation is adopted, the City Commission should
declare “zoning in progress” at the earliest possible date. This action would have
the practical impact of preventing the issuance of any new licenses while the
legislative process takes its course.
MOTION BY COMMISSIONER ARRIOLA:
Have the City Commission conceptually approve the 10-Point Plan and give direction
to the City Manager and Office of the City Attorney to proceed to implement the action
item in the plans; provided that they shall report back to the City Commission as to any
items that cannot be implemented (whether because of the need for more time or
further direction required.)
Commissioner Arriola summarized the 10-point comprehensive proposal put together,
with new ideas and recommendations made by the Ocean Drive Task Force members,
City staff, committees, Historic Preservation Board and area residents. This proposal is
a substantial step in repositioning Ocean Drive to be what it once was in its glory days;
one of the finest tributes in this community of historic iconic nature in the City. The goal
in this proposal addresses from security, additional Police presence and lighting in
alleys on Ocean Court, improvement of pedestrian experience by removing gauntlets,
to configuration of umbrellas and tables. A key point is the proposed Code of Conduct
that they expect merchants on Ocean Drive to abide by. In addition, a proposed
Business Improvement District is to be created, one that will address noise issues and
envision regulating the types of businesses establishments that will be allowed to open
along this iconic street.
10-POINT PLAN FOR OCEAN DRIVE
1. Immediate additional Police, security and sanitation workers for Ocean Drive
2. Business Improvement District (“BID”)
3. Umbrellas, Furniture and Fixtures
4. Prohibition on Formula Restaurants and Retail and Other Limits on Retail
5. “Hawking” by Bar and Restaurant Personnel Prohibited
6. Street Vendors and Promoters Prohibited
7. Music or other noise being produced by golf carts or other open-air commercial
vehicles shall be prohibited.
8. Music Heard on Sidewalks and Lummus Park
9. No person or business is allowed to sell, buy, dispense, use or otherwise possess
marijuana in Miami Beach.
10. Subject to the vote of the City Commission, the City Commission will revoke the 2
a.m. straw ballot question that is presently on the November 8, 2016 election
ballot.
Mayor Levine introduced Jonathan Plutzik, Chairman of the Ocean Drive Task Force.
Jonathan Plutzik, Chairman of the Ocean Drive Task Force, explained the
recommendation made by the Task Force. They have been working with Susanne
Torriente and her team and are pleased that Commissioner Arriola embraced the idea
of pushing forward proposals that they think evidence progress in Ocean Drive more
rapidly. As a Task Force, they met recently to get an update and review the 10-Point
Page 39 of 49
Plan, which they support fully. It is appropriate to hold the operator’s feet to the fire to
achieve the creation of an environment in Ocean Drive that is family and resident
friendly. He commended the work of the Ocean Drive Hotel Association in recent
weeks, and they submitted a letter in support of this plan.
Commissioner Malakoff, in regards to No. 1, alley lighting , stated that each property
owner would pay for the lights on Ocean Court behind their properties to prevent
crime, and in the Consent Agenda today, there is a $52,000 charge of FPL to the City
to put bright lights that will light up the alley. She asked if they could count on the
property owners paying their share, rather than the City.
Mr. Plutzik explained that Ocean Drive businesses participating are committed to pay
for the cost of lighting behind their buildings, and are certainly prepared to do so.
Commissioner Arriola recognized Chief Oates and the Police Department for their
cooperation in helping formulate the plan, particularly in areas of security and related
matters. LED lighting in alley areas will help reduce crime and the criminal element.
Mr. Morales clarified that Item C7 B, approved via Consent Agenda today, is to install
LED lighting in alleys on FPL poles, as it is a high priority for Police safety.
Discussion held.
Commissioner Malakoff asked on Item No. 3 (D) Width of Umbrellas and Awnings:
The maximum width of umbrellas and awnings on the sidewalk shall be the width of
the west sidewalk minus 5 feet for an unobstructed pedestrian path. She is concerned
that some valet operator stands along Ocean Drive take up to two feet closest to the
curve, and when these calculations are done for the size of umbrellas and awnings,
from the curve to the building it is five feet. However, she suggested changing this to
seven feet.
Discussion held.
Mr. Plutzik explained that the 7-foot table clearance was to anticipate the fact that
there are chairs next to tables, and even with 7-foot table clearance, the chairs would
encroach if they did not have the extra space. During the implementation of the plan,
there will have to be studies done by City departments to find the precise 5-foot
clearance throughout, as there are trees and other impediments.
Commissioner Malakoff stated in reference to Item 3 (C) Trees , that to take trees to
give more space for the operators to have 5 foot pedestrian space does not make
sense to her.
Mr. Plutzik explained that trees are overgrown and some trees obscure the historic
architecture. Over time, many trees were planted, so they need to manage the side of
the sidewalk without increasing its size, but still executing a plan that works for
everyone involved.
Discussion continued regarding trees removal.
Page 40 of 49
Alexander Tachmes, representing Ocean Drive Improvement Association, Inc.,
inquired about two issues; 1) there is one to two valet operator stands per block and
they are required to have a two or three foot lane; 2) this matter was discussed at the
Historic Preservation Board; so if the City expands the width of the sidewalk, that is
doable; if not, with the existing width, many sidewalk cafés would lose half their tables.
A 7-foot window with the width of the sidewalk at 14½, according to the City, would
leave 7½ width for tables and chairs. Café owners were adamant about having a two
to three foot lane for the trees and the valet, and not widening the sidewalk, as it would
significantly reduce revenue.
Mr. Plutzik stated he likes to use the word “relocating” rather than “removing” trees.
The proposal includes the idea of drill umbrellas into the sidewalks, which currently is
not permitted, for better optimization of the sidewalk. He added that they can work with
the valet themselves to get them out of the 5 foot pathway.
Commissioner Malakoff inquired about Item 3 (I) Umbrella Zippers . Many cities and
beautiful resorts that have sidewalk cafes do not zip umbrellas together, and she does
not know why Ocean Drive should be any different. She asked that this be looked at
again during further discussions.
Mr. Plutzik explained that what is happening is that they are moving the umbrellas to
the west, and the idea that customers are protected at all times, will make everything
operate more effective and neatly, and still provide an open 5 foot pedestrian path on
the eastern portion of the west side walk. This falls under a category of compromise.
Ocean Drive is in the midst of a transformation by the moving of furniture umbrellas.
He suggested modern, attractive umbrellas, and the result, even with zipping, would
be superior to what it is today.
Discussion continued regarding using awnings rather than umbrellas.
Commissioner Malakoff asked on Item 4 Prohibition on Formula Restaurants and
Retail and Other Limits on Retail she agrees with (C) Certain Stores but asked to
look at chain stores carefully, as she is not sure what the definition is.
Alexander Tachmes, Esq., stated that the Office of the City Attorney is looking at other
Ordinances to find out what works. From speaking to property owners, there seems to
be unanimity in terms of eliminating chain food, but there is less consensus in terms of
retail stores in order to keep the historic and unique nature of Ocean Drive.
Commissioner Arriola stated that they are discussing Ocean Drive between 5 th and
15 th and by restricting chain type establishments; they are trying to preserve the
character of this street. It is a policy direction for the Commission to make and he
thinks it is a necessary protection.
Vice-Mayor Grieco is concerned about how they defined what a chain formula retail is.
Discussion continued.
Commissioner Steinberg suggested defining the criteria.
Page 41 of 49
Commissioner Alemán stated that other legislation that they are considering will not
allow package liquor sales, and her concern is that any type of establishment on
Ocean Drive that sells beer falls under that legislation, so she feels that, in her opinion,
this needs to be defined. She also asked, for clarification, on the reasoning of
eliminating some types of umbrellas.
Mr. Tachmes stated that the Planning Department came up with an item for their own
recommendations, which has been deferred to October. They are recommending the
version approved by the Historic Preservation Board in August. After City Commission
action today, then they will go back and present to the next Commission Meeting the
final version of the guidelines.
Susanne Torriente, Assistant City Manager, in answering Commissioner Alemán’s
question, stated that they took the Task Force recommendations and worked through
to come up with the guidelines with City staff. This item was placed on the last
Agenda. When the 10-Point Plan came out, they took their item back, and depending
on the policy decided today, they will amend the guidelines and present at the October
19, 2016 Commission Meeting.
Mike Palmer, Ocean Drive Association, spoke.
Commissioner Rosen Gonzalez stated that she is in favor of Item No. 10. No person
or business is allowed to sell, buy, dispense, use or otherwise possess
marijuana; and suggested more Police effort in cutting down drug dealers.
Commissioner Arriola explained that this is an enforcement issue and Police hands at
times are tied. He further asked how to enforce the upcoming medical marijuana
dispensaries.
Discussion continued.
Raul J. Aguila, City Attorney, explained that dealing is a criminal offense. If you are
consuming marijuana on Ocean Drive, under a certain amount, at the Police
discretion, they can get a civil citation. Selling marijuana under any circumstance is a
criminal offense.
Chief Oates stated that the number of arrests made is significant this year. The
decriminalization of possession of small amounts of marijuana has complicated their
efforts. There are more people selling and using than what they can arrest. Penalties
in today’s society are minimal. It is a bouncing act for the Miami Beach Police
Department Officers and dedicated resources. They cannot arrest away the problem of
marijuana in Miami Beach or the nation.
Mayor Levine asked what the purpose of this 10-Point Plan is.
Commissioner Arriola would like to move this proposal, as a directional document.
City Attorney Aguila stated that the 10-Point Plan has points that need to be discussed
further, such as Item 4. The proposal will come back to the City Commission and go to
the Planning Board. This gives the Administration direction to star working with Ocean
Drive on implementing these points. The creation of a BID will come back to City
Page 42 of 49
Commission. Most of these points will come back to the City Commission for approval
via Ordinance or Resolution. This is conceptual approval of the 10-points and then
direction to the Administration and staff to implement.
Mayor Levine suggested moving the proposal forward, bringing it back individually,
and recognized Commissioner Arriola for his efforts.
Mitch Novick stated that this cancer that began in Ocean Drive is spreading to the City.
This plan does not adequately address noise from Mango’s and The Clevelander and
it has a corruptive influence. This plan does not address vehicular noise and it should
include it. The fact that this plan would not count or dismiss the straw ballot question is
problematic. He believes they should hear from the voters.
Discussion held regarding reduction of tables.
Commissioner Arriola explained that any process requires small steps. In regards to
the noise, they will dramatically reduce unnecessary noise. If there is an
establishment, other than a café or bar, with speakers mounted outside the store,
those would have to be removed. If a restaurant, speakers must go back in, and they
will address the commercial vehicular noise.
Discussion continued.
Mayor Levine asked Chief Oates to produce data.
Chief Oates stated that crime has reduced in Ocean Drive and entertainment district,
robberies are down over 25% in the entertainment district; with a 4% reduction in
violent crimes over the summer, and it is not a fair reflection to the hard work of the
men and women of the Miami Beach Police Department, Code Enforcement and other
staff.
Mayor Levine thanked Mitch Novick for his activism and input.
Commissioner Alemán clarified that the focus and immediate attention is on the 10-
Point Plan.
Discussion continued.
Michael Berman, President, 1500 Ocean Drive Condominium Association, Inc., stated
they are looking at steps. The Code of Conduct was developed by operators, street
managers will be engaged, and that person will be aligned with the street manager and
the City.
Commissioner Arriola added that in addition to Code Enforcement, the Code of
Conduct could serve for compliance and enforcement.
Michael Larkin, representing Mango’s, suggested three minor modifications; one
propose 1(D) for security, by having a third party provider, two, with regard to the
height of umbrellas and awnings, instead of 9 feet is 9ft 9” for retractable; and 3 (K) is
the ability to have retractable umbrellas without the pull support and retractable awning
and allow the Historic Preservation Board approved pursuant to the criteria.
Page 43 of 49
Commissioner Arriola stated that it is part of the compromise.
Frank Del Vecchio stated not to discount what Mitch Novick has said; the noise level in
Ocean Drive affects residents that do not go to Ocean Drive anymore. He commended
the Task Force but stated that noise from vehicles should not be discarded. Mitch is
the watchdog for the community.
Alexander Tachmes, Esq., added that in July they decided to come up with a
compromise between businesses and the City, and on the last page of that proposal
indicates that the 2:00 a.m. is removed from the Straw Ballot in November. He
respectfully asked that this language be included as well.
Commissioner Arriola explained that if this 10-Point Plan is approved, then they would
not move forward with the 2:00 a.m. roll back.
Commissioner Rosen Gonzalez is shocked that the City cannot control 9 th Street.
James Rauh, Esq, representing the Palace Bar, has an exception to item A, and they
are asking in order to save the Palace Bar that those venues that have a
grandfathered in permits for outside speakers.
Raul J. Aguila, City Attorney, explained that this needs to be whole and it is not the
time to cut deals.
Commissioner Arriola is in support of Mr. Rauh.
Motion made by Commissioner Arriola that the City Commission conceptually approve
the 10-Point Plan, and give direction to the City Manager and Office of the City
Attorney to proceed with the implementation of the action items in the plan, provided
that they shall report back to the City Commission as to those items that cannot be
implemented. Seconded by Vice-Mayor Grieco.
Mayor Levine asked if the motion includes the removal of the Straw Ballot Question.
Raul J. Aguila, City Attorney, explained that this is the last sentence in the plan, and if
the City Commission approves the plan, part of the agreement is to repeal the Straw
Ballot Question Resolution.
Commissioner Malakoff requested taking into account the various comments heard on
some of the proposals when bringing item back to City Commission.
Handouts or Reference Materials:
1. Handwritten letter from Rich Mehir regarding making a motion on this item.
Page 44 of 49
7:33:25 p.m.
R9 C 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 Development
Deferred from September 14, 2016 - R9 Q
ACTION: Discussion held. Motion made by Vice-Mayor Grieco; seconded by
Commissioner Alemán; Voice vote: 7-0. Max Sklar to handle.
Jimmy L. Morales, City Manager, explained that the Miami Beach Botanical Garden
contract expires, and he asked direction in moving forward as there is no built in
renewal provision. He added that they were incredibly great in facing recent
challenges, and he committed to them that the City would be part of the solution in
addressing issues; he appreciates their patience and understanding.
Commissioner Malakoff stated that the Conservancy is doing a wonderful job and
suggested moving forward negotiating a new contract.
7:34:26 p.m.
R9 D 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
Deferred from September 14, 2016 - R9 R
ACTION: Discussion held. Motion made by Vice-Mayor Grieco; seconded by
Commissioner Malakoff; Voice vote: 6-1; Opposed: Commissioner Steinberg. Max
Sklar to handle.
RECOMMENDATIONS:
Keep one lane open
Jimmy L. Morales, City Manager, introduced the item. Originally, Faena was seeking
full road closure, and after discussions, they compromised to keep one lane open.
Max Sklar, Tourism, Culture and Economic Development Director, asked direction
from the City Commission.
Mayor Levine stated that, based on the international exposure, and the media that they
will bring, they should be looking at every potential exposure possible.
Alan Faena stated that the development west of Collins is looking great, and for the
City and for the opening, it will be a big impact. Many institutions are participating in
the procession and he thinks it will be spectacular. He extended an invitation to the
City Commission to attend in October or November.
Mayor Levine encouraged everyone to attend.
Page 45 of 49
Commissioner Malakoff suggested more publicity.
Handouts or Reference Materials:
1. Tide-by-Side Faena District’s Opening Processional Performance Special Event
7:37:59 p.m.
R9 E DISCUSSION REGARDING PROPOSED INTERCEPTOR GARAGE AT 1623 WEST
AVENUE (LOT NO. P23).
Parking
Deferred from September 14, 2016 - R9 AA
ACTION: Discussion held. Item referred to the Finance and Citywide Projects
Committee by acclamation. Allison Williams to place on the Committee Agenda;
Saul Frances to handle.
REFERRAL:
Finance and Citywide Projects Committee
RECOMMENDATION:
Bring back to the October 19, 2016 Commission Meeting.
Saul Frances, Parking Director, introduced the item. He informed that there is a
circular lot in which to build a garage project at 1623 West Avenue. Developer
Crescent Heights is building immediately east of the proposed garage, with a parking
garage and retail. He posed a question as to whether the City should build a
pedestrian bridge over the alley to connect to the Crescent Heights garage to provide
access to Alton Road, and perhaps Lincoln Road as well. They discussed this with the
developer, as they are in a timeline to be able to design the garage and asked if there
is an appetite to have this bridge connection.
Discussion held.
Vice-Mayor Grieco explained that there is a property owned by Crescent Heights on
Alton Road, and behind it, on the other side of the alley, the City has a small parking
lot. The City is building a garage there, and Crescent Heights is building on their
property ground floor retail, so the question is whether the City wants to connect over
top of the alley.
Commissioner Rosen Gonzalez asked if the City could negotiate with the developer to
pay for half.
Mr. Frances stated this would have to be negotiated with the developer.
Commissioner Steinberg suggested referring the item to Finance.
Graham Penn, Esq., stated that the 1212 Lincoln Project is working on slight
modifications to it and will be going into permitting soon. If they can give direction to
incorporate this connection, which he thinks is to everyone’s benefit, and then they
would like to do it as soon as possible.
Page 46 of 49
Commissioner Steinberg suggested referring the item to the Finance and Citywide
Projects Committee, which meets this Friday, September 30, and bring the item back
to the October 19, 2016 Commission Meeting.
Discussion held regarding discussion at committee.
7:41:30 p.m.
R9 F DISCUSSION AND PRESENTATION ON MAKING MIAMI BEACH A "CITY OF
KINDNESS."
Commissioner Micky Steinberg
Deferred from September 14, 2016 - R9 AH
ACTION: Item deferred by Commissioner Steinberg to the October 19, 2016
Commission Meeting. She requested that this be the first item on the Commission
Agenda. Lilia Cardillo to place on the Commission Agenda, if received.
Commissioner Malakoff informed that the World Happiness Summit - Miami, March 17-
19, 2017 was announced in Monday’s newspaper.
Handouts or Reference Materials:
1. City of Kindness print-out material
5:06:27 p.m.
7:42:34 p.m.
R9 G STATUS OF THE 2016 AIR & SEA SHOW EVENT / DISPUTE REGARDING
REIMBURSEMENT OF CITY EXPENSES.
Office of the City Attorney
Mayor Philip Levine
ACTION: Item heard in conjunction with Item R7 B. Office of the City Attorney to
handle.
Raul J. Aguila, City Attorney, explained that he has reported what he needed, and he
has direction from the City Commission moving forward. See Item R7 B regarding the
2016 Air & Sea Show event.
R9 H DISCUSSION TO CONSIDER STEPS TO BE TAKEN TO SAVE THE SOUTH BEACH
LOCAL.
Transportation
Commissioner Kristen Rosen-Gonzalez
ACTION: Item deferred by Commissioner Rosen Gonzalez to the October 19, 2016
Commission Meeting.
ADDENDUM MATERIAL 1
R9 I DISCUSSION REGARDING THE BLACKSTONE EVICTION.
Commissioner Kristen Rosen-Gonzalez
Page 47 of 49
ACTION: Item deferred by Commissioner Rosen Gonzalez to the October 19, 2016
Commission Meeting.
Handouts or Reference Materials:
1. e-Mail from Mike O’Hara regarding the eviction of Blackstone Apartments.
ADDENDUM MATERIAL 1
R9 J DISCUSSION REGARDING GREATER MIAMI CONVENTION & VISITORS
BUREAU’S (GMCVB)
Commissioner Kristen Rosen-Gonzalez
ACTION: Item deferred by Commissioner Rosen Gonzalez to the October 19, 2016
Commission Meeting.
R10 - City Attorney Reports
R10 A NOTICE OF CLOSED EXECUTIVE SESSION
PURSUANT TO SECTION 447.605, FLORIDA STATUTES, A CLOSED EXECUTIVE
SESSION WILL BE HELD AT 6:00 P.M. DURING THE CITY COMMISSION MEETING
ON TUESDAY, SEPTEMBER 27, 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 announced and held. Michael Smith to handle.
Page 48 of 49
Redevelopment Agency (RDA)
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
September 27, 2016 - 4:00 PM
Chairperson of the Board Philip Levine
Member of the Board John Elizabeth Alemán
Member of the Board Ricky Arriola
Member of the Board Michael Grieco
Member of the Board Joy Malakoff
Member of the Board Kristen Rosen Gonzalez
Member of the Board Micky Steinberg
Member of the Board Miami-Dade County Commissioner Bruno A. Barreiro
Executive Director Jimmy L. Morales
General Counsel Raul J. Aguila
Secretary Rafael E. Granado
REDEVELOPMENT AGENCY (RDA)
5:30:44 p.m.
1. A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH
REDEVELOPMENT AGENCY ADOPTING THE FINAL OPERATING BUDGETS FOR
THE CITY CENTER REDEVELOPMENT AREA, THE ANCHOR SHOPS AND
PARKING GARAGE, AND THE PENNSYLVANIA AVENUE SHOPS AND PARKING
GARAGE FOR FISCAL YEAR 2016/17.
Tourism, Cultural & Economic Development
ACTION: RDA Resolution 621-2016 adopted. Motion made by County Board
Member Barreiro, seconded by Board Member Grieco; Voice vote: 8-0; Opposed:
Commissioner Rosen Gonzalez. Max Sklar to handle.
Rafael E. Granado, City Clerk, announced that the Commission Meeting would recess
and reconvene as the Miami Beach Redevelopment Agency.
Max Sklar, TCED Director, introduced the item. The budget includes Anchor Parking
Garage and Shops as well as Pennsylvania Avenue Garage.
5:32:55 p.m.
2. A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH
REDEVELOPMENT AGENCY, ADOPTING AND APPROPRIATING THE MIAMI
BEACH REDEVELOPMENT AGENCY CAPITAL BUDGET FOR FISCAL YEAR
2016/17, AND ADOPTING THE CAPITAL IMPROVEMENT PLAN FOR FISCAL
YEARS 2016/17- 2020/21.
Tourism, Cultural & Economic Development
ACTION: RDA Resolution 622-2016 adopted. Motion made by Board Member
Malakoff, seconded by Board Member Alemán; Voice vote: 7-1; Opposed:
Commissioner Rosen Gonzalez. Max Sklar to handle.
Page 49 of 49
Max Sklar, TCED Director, introduced the item. The RDA agency does not have
capital projects but there is funding $21M for the light rail streetcar project.
Rafael E. Granado, City Clerk, announced that the Miami Beach Redevelopment
Agency Board of Directors has adjourned and the City Commission will now
reconvene.
Notices
ADVERTISEMENTS FOR THE SEPTEMBER 27, 2016 COMMISSION MEETING
(See Agenda for Ads).
Meeting adjourned at 7:43:23 p.m.