20171101 AAAfter Action January 11, 2017 Commission Meeting City of Miami Beach
Page 1 of 81
Commission Meeting
City Hall, Commission Chamber, 3rd Floor, 1700 Convention Center Drive
January 11, 2017 - 8:30 AM
Mayor Philip Levine
Commissioner John Elizabeth Alemán
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Kristen Rosen Gonzalez
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visit us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach, entitled "Lobbyists,"
requires the registration of all lobbyists with the Office of the City Clerk prior to engaging
in any lobbying activity with the City Commission, any City Board or Committee, or any
personnel as defined in the subject Code sections. Copies of the City Code sections on
lobbyists laws are available in the Office of the City Clerk. Questions regarding the
provisions of the Ordinance should be directed to the Office of the City Attorney.
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.
AFTER ACTION
Meeting called to order at 8:31:45 a.m.
8:59:51 a.m.
Inspirational Message given by Rabbi Solomon Schiff.
Pledge of Allegiance led by Police Chief Daniel Oates.
ADDENDUM MATERIAL 1:
R9 Z RDA 1
ADDENDUM MATERIAL 2:
C7 T R9 AA
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SUPPLEMENTAL MATERIAL 1:
R5 I Memorandum & Ordinance
R7 C Memorandum
R7 D Resolution & Draft Policy & Plan
SUPPLEMENTAL MATERIAL 2:
C2 C Memorandum
C7 R Revised Resolution
R9 L LTC 009-2017
R9 V Draft Resolution
City Clerk’s Note:
Pursuant to Ordinance 2015-3954, Sec. 2-12(3), addendum agenda items C7 A, R9 Z, R9 AA and
RDA 1 have been approved by Mayor Levine to be placed on the Commission Agenda. No
additional vote is required.
Sec. 2-12(3) Reads:
Addendum agenda items – Any item not included in the agenda submitted to the Mayor and City
Commission on the initial print day must be submitted by the City Clerk to the Mayor for a
determination whether the item is to be placed on the Agenda as an addendum item. If the Mayor
declines to place the item on the agenda as an addendum item, then the item shall be submitted
to the City Commission for a vote and the item shall only be considered at the City Commission
Meeting upon a finding by the City Commission, by a five-seventh (5/7 th ) affirmative vote.
9:02:20 a.m.
Rafael E. Granado, City Clerk, announced and read into the record, the following corrections,
notations, deferrals, withdrawals and separations to the Agenda:
NOTATIONS:
• Add Commissioner Alemán as sponsor for Item C7 O.
• Add Commissioner Steinberg as the sponsor for R9 E.
• Item R7 A (Public Hearing) will be heard at 2:00 p.m., with its RDA companion item.
• There is a revised RFP distributed on the dais for item C2 C.
DEFERRALS:
R5 H to the January 25, 2017 Commission Meeting
R7 H to the February 8, 2017 Commission Meeting
R9 O to the March 1, 2017 Commission Meeting
WITHDRAWAL:
C4 G and R9 Y
OPENED AND CONTINUED:
R5 C to February 8, 2017
ITEM TABLED INDEFINITELY:
R5 D
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SEPARATED ITEMS:
C7 Q separated by Commissioner Alemán. (Commissioner Alemán announced that she pulled the
item by mistake.)
C7 E separated by Commissioner Arriola.
C4 B, C4 E, C7 A, C7 B and C7 Q separated by Commissioner Grieco.
C7 C separated by Vice-Mayor Malakoff.
C2 C, C4 B and C4 E separated by Commissioner Rosen Gonzalez.
C2 C, C7 E and C7 Q separated by Commissioner Steinberg.
9:06:02 a.m.
Mayor Levine announced that he would like City Attorney Raul J. Aguila to say a few words about
decorum. They are beginning a quite interesting year on a national level and local level. He knows
that locally, they will have elections in Miami Beach and campaigns, and it is very important that
they make a pledge to themselves that they keep campaigns out on the campaign trail, and keep
government business within the Commission Chamber, and that they not mix the two whatsoever.
This is challenging, very tough at times to do, but he is asking everyone on this City Commission
to do everything possible to ensure this is done. He asked the City Attorney to review decorum
policies briefly and to review the concept of debating issues with consideration and respect for
colleagues without ever getting personal. They do not need to question someone’s personal
motivations of why they are voting in support or against an item. They could certainly debate the
merits, but not the motivation of the individual in how they are voting. These standards of decorum
must be in place and they must all agree to them. They have a policy and a process moving
forward to ensure compliance with the rules.
Raul J. Aguila, City Attorney, stated that in May 2016, Commissioner Grieco sponsored an
Ordinance that came before this City Commission with concerning standards of civility and
decorum with regard to the City Commission. That Ordinance echoed a great deal of the existing
language in Robert's Rules of Orders, which this City Commission has adopted, and which sets
forth the general rule for the organization and conduct of a City Commission and other type of
public assembly meetings. One of the rules of that is the idea of maintaining civility and decorum
during public meetings; this means that healthy debate on issues is obviously always encouraged;
it is the fundamental cornerstone of any democracy. However, when that debate resorts to
personal attacks on members of this dais or members of the audience, then it goes beyond what
is intended under Robert’s Rules, and under the idea of public debate, and the type of discourse
that is appropriate during public meetings. Some of the basic cornerstones for both the audience
and for the City Commission are as follows:
• Members shall maintain civility and decorum during public meetings, including members of
the City Commission and members of the audience.
• Members should not unnecessarily cause delays or interrupt proceedings, nor disturb other
members when speaking; they should wait to be recognized by the Mayor, and when they
have the floor, they should make their statement. At that point, upon conclusion of a
member's statement, the Mayor obviously has the right to recognize another member, either
on the audience or on the dais. It is important to remember that one of the functions of the
Mayor during the course of the City Commission meetings is to serve as the Chair of these
meetings. One of the Mayor’s principle functions is to maintain order during these meetings.
The Mayor not only recognizes people to speak, but he could also identify members as out of
order, when they are either speaking out of turn or when they are interrupting other members.
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• It is important to have debate on issues, but members should not extend that debate to
making abusive, disparaging, impertinent and offensive, personally insulting, slanderous or
threatening comments towards other members or members of the audience. Issues could be
addressed, and it acceptable to be passionate about the issues, but it is not okay to attack or
insult another member during the debate of an issue. It is important to stick to the issues, and
not make them personal as to each other. Anyone agrees that this makes for a better and
effective government.
City Attorney Aguila reiterated that it is certainly up to Mayor Levine to maintain the order of the
meeting, and as such, City Commissioners should ask to be recognized when they want to speak
on an issue; when recognized by the Mayor, that is their opportunity to speak. He knows Mayor
Levine likes to run casual meetings; he is not heavy with the gavel or in terms of calling of
members out of order when these things occur, but he also knows that this City Commission,
when it considered Commissioner Grieco’s Ordinance, which was basically codifying a great deal
of what was in Robert’s Rules, in terms of maintaining order and civility, and what the Ordinance
did, which this City Commission at that time felt was not necessary, was that if a member is ruled
out of order, or if a member is subject to, or is engaging in personal attacks against another
member, or disparaging another member, in a way that does not address the issue, but rather
addresses personality, or the conduct of the members that goes beyond the issues,
Commissioner Grieco had brought forth an Ordinance that allowed the City Commission, as a
body, to censure a member that was called out of order; that could include monetary fines,
penalties against the member, which would go into the City’s General Fund, or it could also mean
not allowing a member to speak for the remainder of an issue. While the City Commission did not
think the City needed an Ordinance like that, and that they were good at self-policing each other, it
was something that the Mayor asked the City Attorney to remind the members of the Commission
of, and it is something that in the event that the Commission fails to self-police themselves,
because they just get out of control, the Mayor suggested perhaps bringing the Ordinance back at
a future meeting. Again, City Attorney Aguila reminded the City Commission that healthy debate is
great, and healthy debate on issues is what they are all about. This is probably the most activist-
oriented City that he has ever worked in, but when using words like “liar,” and “not true,” and when
one starts personally attacking somebody on the dais or in the audience, or questioning their
motivation as to an issue, then it crosses the line. He knows crossing that line is not acceptable
morally, but under the Robert’s Rules of Order, which is the Code in which this City Commission
decided to hold itself to, it is certainly not acceptable on that level. In addition, even though they
do not cling to formalities to bind them, there are some fundamentals that they should always
adhere to in order to have the best, most productive meetings possible.
3:48:17 p.m.
ANNOUNCEMENT:
Mayor Levine announced that the State of the City Address would be held at 10:30 a.m., on
January 12, 2017; it will go live on Facebook, on MBTV 77, Twitter, and he hopes that everyone
will be watching.
CONSENT AGENDA
9:14:16 a.m.
Motion made by Vice-Mayor Malakoff; seconded by Commissioner Grieco to approve the Consent
Agenda, except for separated items. Voice-vote: 7-0.
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C2 - Competitive Bid Reports
C2 A A REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID
(ITB) NO. 2017-032-ND FOR PAINTING AND STRIPING OF DEDICATED BICYCLE LANES.
Transportation/Procurement
ACTION: Request approved. Jose Gonzalez and Alex Denis to handle.
C2 B REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) NO. 2017-002-
JC EMERGENCY MEDICAL TRANSPORT BILLING AND COLLECTION SERVICES.
Fire/Procurement
ACTION: Request approved. Fire Chief Virgilio Fernandez and Alex Denis to handle.
9:32:24 a.m.
SUPPLEMENTAL MATERIAL 2: MEMORANDUM
C2 C REQUEST FOR APPROVAL TO ISSUE REQUEST FOR PROPOSALS (RFP) NO. 2017-074-
WG, FOR INTERACTIVE DIGITAL MEDIA KIOSKS.
Public Works/Procurement
ACTION: Request approved. Item separated by Commissioners Rosen Gonzalez and Steinberg.
Motion made by Commissioner Alemán; seconded by Commissioner Grieco. Voice-vote: 7-0. Eric
Carpenter and Alex Denis to handle.
Commissioner Rosen Gonzalez stated that this item originally came to the City Commission as a
pilot program for digital media kiosks, which later was put out to bid. She has received many
questions from residents regarding how many ads will be displayed in the City’s garages and on
Lincoln Road. She is unsure whether the City will now have excessive advertising displays. In
addition, she believes the functions offered by the interactive kiosks will be underused, because
most people have smartphones that can provide the same services.
Commissioner Steinberg asked what the difference is between the original RFP, and the RFP
delivered this morning.
Alex Denis, Procurement Director, explained that there were two changes made to the RFP. First,
there is an added minimum requirement that the proposer has an established kiosk in operation
and secondly, the minimum monthly guarantee has been switched to a percentage of the gross
revenue.
Commissioner Steinberg stated that the RFP doubled the minimum amount of kiosks from 15 to
30. She believes this amount is excessive. It was her understanding that the new digital kiosks
would only replace the current static kiosks on Lincoln Road. She asked how many kiosks are
currently on Lincoln Road.
Eric Carpenter, Assistant City Manager/Public Works Director, replied that there are ten kiosks on
Lincoln Road.
Commissioner Steinberg stated that the number of proposed kiosks might be too high. The
location needs to be appropriate. She gave the example of Ocean Drive where the City is
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removing street furniture to make it more walkable. Adding more kiosks to Lincoln Road may take
away from the experience.
City Manager Morales stated that the increase of 15 to 30 kiosks came about because of the City
Commission’s direction to add not just digital kiosks on Lincoln Road, but in North Beach and
other locations throughout the City.
Discussion continued regarding proposed kiosk locations.
Commissioner Alemán asked responders to bring a digital kiosk to City Hall so that everyone
could become acquainted with them. The City currently offers static maps on Lincoln Road, and
the experience is very limited. The experience could also be much greater than what is offered by
smartphones. This is an opportunity to get all of the community to come together and guide the
content.
Commissioner Rosen Gonzalez asked what percentage of the digital kiosk would be for
advertising and functionality.
Mr. Carpenter answered that the digital kiosks will offer 25% City content.
Commissioner Rosen Gonzalez stated that she would like the City content increased to 50%.
Mayor Levine asked to hear from Alex Tachmes before continuing the discussion. He added that
the business model needs to be taken into consideration before making demands on the
percentage of City content.
Alex Tachmes explained that the digital kiosks display advertising from a distance, but when
someone walks up to the kiosk to use it, it becomes content-based. The idea is to make this
program as financially self-sustaining as possible. These kiosks can cost over $100,000 each,
and the idea is to have the advertising pay for itself. The Lincoln Road Master Plan expressly
asked for interactive digital kiosks as a way to modernize and move into the future.
Commissioner Rosen Gonzalez stated that her biggest worry is that Lincoln Road will soon
resemble New York’s Times Square. Residents have been telling her that they avoid Lincoln
Road because it has changed so much. She is afraid that Lincoln Road’s charm will be lost.
Discussion continued.
Commissioner Arriola stated that he is open to the idea of the digital kiosks because they could
help visitors whose main language is not English. These kiosks could easily switch between
languages and assist tourists, and further boost tourism.
Mayor Levine asked for the RFP to come back to the City Commission, and have a vote on it.
Commissioner Rosen Gonzalez asked to have every retailer displayed on the interactive maps,
and not only display businesses that can afford to pay for advertising.
City Clerk’s Note: Revised RFP distributed on the dais.
City Clerk’s Note: See speakers in the 8:30 a.m. Dr. Stanley Sutnick Citizen’s Form: discussion by
speaker 3, Dusty Melton; speaker 4, Alex Tachmes, Esq; speaker 5, Peter Ehrlich, and speaker 7,
Mitch Novick.
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Handouts or Reference Materials:
1. Miami-Dade County Code Article VI. – Signs
2. Miami-Dade County Code Article VI. – Signs; Sec. 33-82. – short title and applicability
3. REQUEST FOR PROPOSALS (RFP) INTERACTIVE DIGITAL MEDIA KIOSKS 2017-074-WG
4. Letter from LINCOLN RD dated October 18, 2016 RE: Electronic Directories on Lincoln Road, signed
by Ivannia Van Arman, Executive Director, Lincoln Road BID.
C4 - Commission Committee Assignments
C4 A REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO DISCUSS
THE SITE PLAN FOR THE NORTH SHORE OPEN SPACE PARK.
Capital Improvement Projects
ACTION: Item referred. Morgan Goldberg to place on the Committee Agenda. David
Martinez to handle.
9:28:42 a.m.
C4 B REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO OFFER
MIAMI BEACH AS A PILOT CITY FOR UBER SELF-DRIVING CARS.
Commissioner Kristen Rosen Gonzalez
ACTION: Item dually referred to the Neighborhood/Community Affairs Committee and
Transportation Committee by acclamation. Item separated by Commissioners Rosen Gonzalez
and Grieco. Morgan Goldberg and Saul Frances to place on the Committee Agendas. Jose
Gonzalez to handle.
REFERRALS:
• Neighborhood/Community Affairs Committee - Morgan Goldberg to place on the
Committee Agenda. Jose Gonzalez to handle.
• Transportation, Parking, Bicycle-Pedestrian Facilities Committee – Saul Frances to place on
the Committee Agenda, Jose Gonzalez to handle.
Commissioner Rosen Gonzalez recounted her recent visit to Pittsburgh, to see about a pilot City
program for Uber self-driving cars. It was a very interesting experience seeing cars driving
themselves with passengers. The self-driving cars currently have a person in the driver’s seat
during the program. She believes these self-driving cars are much safer than any Uber driver is,
as their navigation is “perfect.” Miami Beach, as a trend-setting City, should pursue being a pilot
City for this program. She wants to do a dual referral to Neighborhood/Community Affairs
Committee and Transportation Committee.
Commissioner Grieco stated that he pulled the item, as he wants transportation related items
always referred jointly to the Transportation, Parking and Bicycle-Pedestrian Facilities Committee.
Commissioner Steinberg asked whether this is an Uber specific program, or if there are other
entities offering a similar pilot program.
Commissioner Rosen Gonzalez stated that as a pilot program, the City would have to choose one
company. An RFP could be issued for the program.
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Kathie G. Brooks, Assistant City Manager, explained that the City would have to reach out to the
State of Florida and individual entities, to provide the City Commission with a recommendation.
C4 C REFERRAL TO THE SUSTAINABILITY AND RESILIENCY COMMITTEE REGARDING BEST
PRACTICES FOR BEACH SAND SIFTING AND MAINTENANCE.
Commissioner Michael Grieco
ACTION: Item referred. Elizabeth Wheaton to place on the Committee Agenda and to
handle.
C4 D REFERRAL TO THE SUSTAINABILITY AND RESILIENCY COMMITTEE FOR THE CITY TO
OFFER CHRISTMAS TREE RECYCLING, COMMENCING IN 2017.
Commissioner Kristen Rosen Gonzalez
ACTION: Item referred. Elizabeth Wheaton to place on the Committee Agenda. Elizabeth
Wheaton and Eric Carpenter to handle.
9:31:46 a.m.
C4 E REFERRAL TO FINANCE AND CITYWIDE PROJECTS COMMITTEE - DISCUSSION
REGARDING RECOMMENDED TRAFFIC CALMING IMPROVEMENTS IN THE CENTRAL
BAYSHORE NEIGHBORHOOD.
Transportation
ACTION: Item dually referred to the Transportation Committee and Finance & Citywide Projects
Committee by acclamation. Item separated by Commissioners Grieco and Rosen Gonzalez.
Allison Williams and Saul Frances to place on the Committee Agenda. Jose Gonzalez to
handle.
REFERRALS:
• Finance and Citywide Projects Committee – Allison Williams to place on the Committee
Agenda; Jose Gonzalez to handle.
• Transportation, Parking, Bicycle-Pedestrian Facilities Committee – Saul Frances to place on
the Committee Agenda; Jose Gonzalez to handle.
Commissioner Grieco explained that this item had been pulled to refer it, not just to the Finance &
Citywide Projects Committee, but to the Transportation Committee as well, as it is an item dealing
with traffic and transit.
C4 F REFERRAL TO THE FINANCE & CITYWIDE PROJECTS COMMITTEE TO DISCUSS THE
CURRENT SAFEGUARDS IN PLACE TO ENSURE THE SECURITY OF CITYWIDE FINANCIAL
ACCOUNTS AND HOW BEST TO IMPROVE THEM.
Commissioner Ricky Arriola
ACTION: Item referred. Allison Williams to place on the Committee Agenda and to handle.
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C4 G REFERRAL TO THE FINANCE & CITYWIDE PROJECTS COMMITTEE THE BUILDING OF A
WHEELCHAIR RAMP AT THE ENTRANCE OF UNIDAD.
Commissioner Kristen Rosen Gonzalez
ACTION: Item withdrawn.
C6 - Commission Committee Reports
C6 A REPORT OF THE DECEMBER 12, 2016 SUSTAINABILITY AND RESILIENCY COMMITTEE:
1) DISCUSSION REGARDING THE SECURING AND STORAGE OF COMMERCIAL
DUMPSTERS. 2) DISCUSSION ON REQUIRING SUSTAINABILITY STANDARDS SIMILAR TO
LEED FOR RETROFITS IN CITY-OWNED PROPERTIES. 3) MAYOR'S BLUE RIBBON PANEL
ON FLOODING AND SEA LEVEL RISE. 4) RESILIENCY STRATEGY.
Environment and Sustainability
ACTION:
1. Securing and Storage Of Commercial Dumpsters.
ACTION:
Continued to the January 18, 2016 Sustainability and Resiliency Committee.
2. Discussion on Requiring Sustainability Standards Similar to LEED for Retrofits in City-owned
Properties.
MOTION: Staff to provide up to three municipal properties in order to identify one that could be
retrofitted with LEED upgrades in order to make it more sustainably sound. Motion made by
Commissioner Rosen-Gonzalez, Seconded by Vice-Mayor Malakoff.
Continued to the January 18, 2016 Sustainability and Resiliency Committee.
3. Mayor’s Blue Ribbon Panel on Flooding and Sea Level Rise.
ACTION:
Continued to the January 18, 2016 Sustainability and Resiliency Committee.
4) RESILIENCY STRATEGY.
ACTION: Continued to the January 18, 2016 Sustainability and Resiliency Committee.
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C6 B REPORT OF THE DECEMBER 16, 2016 FINANCE AND CITYWIDE PROJECTS COMMITTEE:
1. DISCUSSION REGARDING WHETHER OR NOT TO PURSUE FOOD AND BEVERAGE
CONCESSIONS FOR SOUNDSCAPE PARK, COLLINS PARK, AND THE MIAMI BEACH
BOTANICAL GARDEN (MAY 21, 2014 COMMISSION ITEM C4C) (CONTINUED FROM MAY 20,
2016 FCWPC MEETING). 2. DISCUSSION REGARDING THE EXCHANGE OF PROPERTY
WITH THE OWNER OF 5860 NORTH BAY ROAD IN ORDER TO RESOLVE THE EXISTING
BOUNDARY LINES, AND THE LOCATION OF A FUTURE CITY PUMP STATION AND SEWER
LINE (JUNE 8, 2016 COMMISSION ITEM C4F). 3. DISCUSSION ON THE POTENTIAL
EXPANSION OF THE BIG BELLY TRASH PROGRAM (NOVEMBER 9, 2016 COMMISSION
ITEM C4F). 4. DISCUSSION TO CONSIDER "VERTICAL GARDENS" ON HIGHW AY PILLARS
AND OVERPASSES IN LIEU OF OR IN ADDITION TO PAINTING (OCTOBER 18, 2016
COMMISSION ITEM R9X). 5. DISCUSSION REGARDING THE EXPIRATION OF THE LEASE
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH (LANDLORD) AND COLONY THEATRE
CAFE, INC. (TENANT) FOR THE USE OF APPROXIMATELY 1,371 SQUARE FEET OF CITY-
OWNED PROPERTY, LOCATED AT 1040 LINCOLN ROAD, MIAMI BEACH FLORIDA
(PREMISES); SAID LEASE EXPIRING OCTOBER 31, 2017. 6. DISCUSSION REGARDING THE
USE OF 7,655 SQUARE FEET OF CITY-OWNED PROPERTY (PENN GARAGE RETAIL),
LOCATED ON THE FIRST FLOOR AT 1661 PENNSYLVANIA AVENUE (PENN GARAGE),
MIAMI BEACH, FLORIDA, INCLUDING A NEW LEASE AGREEMENT FOR A PORTION OF
PENN GARAGE RETAIL BETWEEN THE MIAMI BEACH REDEVELOPMENT AGENCY AND
THE CITY OF MIAMI BEACH (COLLECTIVELY, LANDLORD) AND MIAMI BEACH CHAMBER
OF COMMERCE (TENANT), FOR THE USE OF 935 SQUARE FEET, LOCATED AT 530 17TH
STREET, MIAMI BEACH, FLORIDA, (PREMISES) FOR A PERIOD OF TWO (2) YEARS AND
TWENTY-FIVE (25) DAYS, COMMENCING RETROACTIVELY DECEMBER 7, 2016 AND
ENDING DECEMBER 31, 2018. 7. DISCUSSION REGARDING WHY INSURANCE ITEMS ARE
REFERRED TO FINANCE AND CITYWIDE PROJECTS COMMITTEE.
Finance
ACTION:
1. Discussion Regarding Whether Or Not To Pursue Food And Beverage Concessions For
Soundscape Park, Collins Park, And The Miami Beach Botanical Garden.
The Committee directed staff to encourage the Bass Museum's suggestion in utilizing the
Rotunda in Collin's Park for an art installation; where the Bass Museum would pursue funding
outside of the City for the renovation of the Rotunda as well as for the art installation.
The Committee approved the following in regards to the Collins Park outdoor café:
• Not to charge a concession fee to the Bass Museum and
• To provide Security in the form of a Park Ranger.
2. Exchange Of Property With The Owner Of 5860 North Bay Road.
ACTION:
Item deferred.
3. Discussion On The Potential Expansion Of The Big Belly Trash Program.
ACTION
The Committee directed staff to continue the pilot program and double the amount of cans. In
addition to that, a financial analysis needs to be done to include the following:
• Expand the program to other areas both heavily trafficked and remote for different value
props.
• Where a limiting advertising might be done to help offset any additional cost of the
program, as long as the City has full control of that imagery.
• How the City might be able to monetize some of the Wi-Fi? If the carrier is willing to pay the
City rent for that.
• Bring back two or three other reasonable scenarios, including the 200 cans to compare and
see how we might pay for it. Considering if the Wi-Fi and the ads are not enough to offset
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any differential costs. Staff is to bring back the financial analysis to Finance and Citywide
Committee meeting in January.
4. Discussion To Consider "Vertical Gardens" On Highway Pillars And Overpasses.
ACTION:
The Committee was very pleased with the work that was completed in house by staff including
the painting of the overpass and beautifying underneath with landscaping, stone, and lighting.
The Committee recommended not moving forward with the addition of the Vertical Gardens.
5. Expiration Of Lease Agreement w/ Colony Theatre Cafe, Inc. (Tenant) For The Use Of City
Owned Property, Located At 1040 Lincoln Road.
ACTION:
The Committee directed staff to negotiate a new lease with Segafredo and to bring back to the
terms and conditions to the Finance and Citywide Committee.
6. Use City-Owned Property Located At 1661 Pennsylvania Ave (Penn Garage), Including New
Lease Agreement For A Portion Of Penn Garage Retail Between The Miami Beach
Redevelopment Agency And CMB And Miami Beach Chamber Of Commerce (Tenant).
ACTION:
The Committee recommended moving forward with the lease for the Miami Beach Chamber of
Commerce and to explore the concept of a Miami Beach store proximate to the Visitor Center.
In addition to that, the Committee recommended moving forward with actively marketing the
remainder of the space. Whichever firm is hired to market it, staff should verify whether or not
the selected marketer has conflicts on Lincoln Road.
The Committee recommended moving forward with allowing the youth center to stay
temporarily at the location with the understanding that they have ninety (90) days to relocate
once a new tenant is found. Staff was directed to look for alternate locations for the youth
center.
7. Why Insurance Items Are Referred To Finance and Citywide Projects Committee.
ACTION:
The Committee recommended that only insurance items that require a budget amendment
should be brought to the Finance and Citywide Committee.
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C6 C REPORT OF THE DECEMBER 9, 2016 NEIGHBORHOOD/COMMUNITY AFFAIRS
COMMITTEE: 1. DISCUSSION REGARDING THE POSSIBLE ADDITION OF A SKATE PARK IN
NORTH SHORE OPEN SPACE PARK. 2. TRAFFIC MANAGEMENT ALTERNATIVES
DISCUSSED AT THE FEBRUARY 24, 2016 COMMISSION WORKSHOP ON TRAFFIC
MANAGEMENT - REVISIT ON PRAIRIE AVENUE TO ALLOW RIGHT TURNS TO TRAVEL
EASTBOUND. 3. DISCUSSION REGARDING THE TEMPORARY RELOCATION OF MAURICE
GIBB PLAYGROUND. 4. MONTHLY CRIME UPDATE. 5. DISCUSSION ON THE STATUS AND
POSSIBLE EXPANSION OF THE BIG BELLY PILOT PROGRAM. 6. DISCUSSION AND
UPDATE ON NORMANDY POOL. 7. DISCUSSION REGARDING THE CITY'S USE OF HOST
COMPLIANCE SERVICES. 8. DISCUSSION REGARDING PAINTED BIKE LANES. 9.
DISCUSSION AND PRESENTATION ON MAKING MIAMI BEACH A "CITY OF KINDNESS." 10.
DISCUSSION REGARDING RECOMMENDED TRAFFIC CALMING IMPROVEMENTS IN THE
CENTRAL BAYSHORE NEIGHBORHOOD. 11. DISCUSSION REGARDING THE FUTURE
ACTIVATION AND PROGRAMMING OF LUMMUS PARK. 12. DISCUSSION TO CONSIDER
APPROVING THE PLACEMENT OF A PLAQUE AT THE BELLE ISLE PARK FLAG POLE
DEDICATED TO THE HEROIC MEN AND WOMEN IN THE ARMED FORCES AND FIRST
RESPONDERS FOR THEIR SERVICES. 13. DISCUSS THE PLACEMENT OF FARAH SERVICE
EUE SPORTS EQUIPMENT AT DIFFERENT LOCATIONS THROUGHOUT THE CITY. 14.
DISCUSSION ON AN ADDITIONAL DESIGNATED DOG AREA IN NORTH BEACH. 15.
DISCUSSION TO NAME THE SOUTH POINTE PARK FOUNTAIN IN MEMORY OF MARK N.
OVERTON, FORMER DEPUTY CHIEF OF THE MBPD.
Office of the City Manager
ACTION:
1. POSSIBLE ADDITION OF A SKATE PARK IN NORTH SHORE OPEN SPACE PARK.
DIRECTION: Come back to the January 27, 2017 Meeting with questions answered about
components.
2. TRAFFIC MANAGEMENT ALTERNATIVES DISCUSSED AT THE FEBRUARY 24, 2016
COMMISSION WORKSHOP ON TRAFFIC MANAGEMENT - REVISIT ON PRAIRIE AVENUE
TO ALLOW RIGHT TURNS TO TRAVEL EASTBOUND.
DIRECTION: Defer to January 27, 2016 NCAC meeting.
3. DISCUSSION REGARDING THE TEMPORARY RELOCATION OF MAURICE GIBB
PLAYGROUND.
DIRECTION: Defer to January 27, 2016 NCAC meeting.
4. MONTHLY CRIME UPDATE.
ACTION: NO ACTION TAKEN.
5. DISCUSSION ON THE STATUS AND POSSIBLE EXPANSION OF THE BIG BELLY PILOT
PROGRAM.
DIRECTION: Defer to January 27, 2016 NCAC meeting.
6. DISCUSSION AND UPDATE ON NORMANDY POOL .
ACTION: NO ACTION TAKEN.
7. DISCUSSION REGARDING THE CITY'S USE OF HOST COMPLIANCE SERVICES.
DIRECTION: Defer to January 27, 2016 NCAC meeting.
8. DISCUSSION REGARDING PAINTED BIKE LANES.
ACTION:
DIRECTION: Defer to January 27, 2016 NCAC meeting.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 13 of 81
9. DISCUSSION AND PRESENTATION ON MAKING MIAMI BEACH A "CITY OF KINDNESS."
ACTION:
DIRECTION: Defer to January 27, 2016 NCAC meeting.
10. DISCUSSION REGARDING RECOMMENDED TRAFFIC CALMING IMPROVEMENTS IN THE
CENTRAL BAYSHORE NEIGHBORHOOD.
ACTION:
VOTE OF ACCLAMATION TO REFER THIS TO THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE.
11. DISCUSSION REGARDING THE FUTURE ACTIVATION AND PROGRAMMING OF LUMMUS
PARK.
ACTION:
DIRECTION: Come back to the February 17, 2017 NCAC meeting.
12. DISCUSSION TO CONSIDER APPROVING THE PLACEMENT OF A PLAQUE AT THE
BELLE ISLE PARK FLAG POLE DEDICATED TO THE HEROIC MEN AND WOMEN IN THE
ARMED FORCES AND FIRST RESPONDERS FOR THEIR SERVICES.
ACTION:
MOTION: In favor of the plaque approved by acclamation and recommendation that
Commission direct the City Manager to identify funding for the cost of the plaque.
13. DISCUSS THE PLACEMENT OF FARAH SERVICE EUE SPORTS EQUIPMENT AT
DIFFERENT LOCATIONS THROUGHOUT THE CITY.
ACTION:
DIRECTION: Defer to January 27, 2016 NCAC meeting.
14. DISCUSSION ON AN ADDITIONAL DESIGNATED DOG AREA IN NORTH BEACH.
ACTION:
DIRECTION: Contact the neighborhood and come back to the February 17, 2017 NCAC
meeting.
15. DISCUSSION TO NAME THE SOUTH POINTE PARK FOUNTAIN IN MEMORY OF MARK N.
OVERTON, FORMER DEPUTY CHIEF OF THE MBPD.
ACTION:
MOTION: Commissioner Grieco motioned to move this with a favorable recommendation to the
full commission. Commissioner Alemán seconded. All in favor.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 14 of 81
C6 D REPORT OF THE DECEMBER 12, 2016 LAND USE & DEVELOPMENT COMMITTEE
MEETING. 1. CMB PREPARATIONS FOR LIKELY PASSAGE OF STATE MEDICAL
MARIJUANA CONSTITUTIONAL AMENDMENT. 2. DISCUSSION REGARDING
INCENTIVIZING THE RETENTION, RAISING AND/OR RELOCATION OF
HISTORIC/ARCHITECTURALLY SIGNIFICANT SINGLE FAMILY HOMES (SFH). 3.
DISCUSSION ON AN AMENDMENT TO THE CITY CODE TO ADDRESS THE ALLOWANCE OF
"ENTERTAINMENT" IN NON-ALCOHOLIC BEVERAGE USES AND ESTABLISHMENTS. 4.
DISCUSSION REGARDING THE USE REGULATIONS FOR THE WEST AVENUE OVERLAY
DISTRICT. 5. DISCUSSION REGARDING PROHIBITING VARIANCES TO EXCEED THE
MAXIMUM SIZE OF ACCESSORY RETAIL ON OCEAN DRIVE. 6. DISCUSSION REGARDING
PROHIBITING EXTERIOR SPEAKERS IN NON-EATING AND DRINKING ESTABLISHMENTS
ON OCEAN DRIVE. 7. DISCUSSION PERTAINING TO DEVELOPMENT REGULATIONS AND
GUIDELINES FOR NEW CONSTRUCTION IN THE PALM VIEW HISTORIC DISTRICT TO
ADDRESS RESILIENCY, SUSTAINABILITY AND ADAPTATION. 8. UPDATE ON THE TRANSIT
HUB ON THE 500 BLOCK OF ALTON ROAD. 9. PROPOSED MIAMI BEACH MARINA
REDEVELOPMENT AND ASSOCIATED LEGISLATIVE CHANGES. 10. DISCUSSION
REGARDING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS
COMMITTEE TO ESTABLISH MORE AGGRESSIVE REQUIREMENTS FOR EMPLOYEE
TRANSPORTATION PLANS. 11. DISCUSSION TO RE-ZONE THE WESTERN SIDE OF THE
600 BLOCK OF WASHINGTON AVENUE FROM RM-2 TO CD-2.
Planning
ACTION:
1. CMB PREPARATIONS FOR LIKELY PASSAGE OF STATE MEDICAL MARIJUANA
CONSTITUTIONAL AMENDMENT.
MOTION: By Acclamation
1. Recommend that the City Commission extend the moratorium of medical marijuana
facilities for three months;
2. Continue the item to January 18, 2017 with direction to staff that additional areas be
analyzed for the location of medical marijuana facilities.
2. DISCUSSION REGARDING INCENTIVIZING THE RETENTION, RAISING AND/OR
RELOCATION OF HISTORIC/ARCHITECTURALLY SIGNIFICANT SINGLE FAMILY HOMES
(SFH).
MOTION: By Acclamation
1. Continue the item to January 18, 2017;
2. Staff to provide an estimate on providing overtime review for pre-1942 and pre-1966
homes;
3. Staff to discuss the feasibility of expedited reviews for the retention of Architecturally
Significant Single Family Homes with the Fire Chief and Building Official;
4. Staff to provide a draft Ordinance indicating the areas of the code that would need to be
amended to provide for expedited permitting, including thresholds for permits that would
qualify for expedited permit review.
3. DISCUSSION ON AN AMENDMENT TO THE CITY CODE TO ADDRESS THE ALLOWANCE
OF "ENTERTAINMENT" IN NON-ALCOHOLIC BEVERAGE USES AND ESTABLISHMENTS.
MOTION: No further action / item concluded by Acclamation.
4. DISCUSSION REGARDING THE USE REGULATIONS FOR THE WEST AVENUE
OVERLAY DISTRICT.
MOTION: JEA/MS (3-0)
1. Continue the item to January 18, 2017;
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 15 of 81
2. Staff to prepare a draft Ordinance that contains occupancy limits based on the type of unit,
but combine one bedroom and studio units for the purposes of occupancy load, provide for
an exemption of two children up to the age of 15, tighten the definition of ‘dining room’, and
include a definition of ‘hostel’.
5. DISCUSSION REGARDING PROHIBITING VARIANCES TO EXCEED THE MAXIMUM SIZE
OF ACCESSORY RETAIL ON OCEAN DRIVE.
MOTION: JEA/JM (3-0)
Recommend that the Planning Board transmit the proposed Ordinance to the City
Commission with a favorable recommendation.
6. DISCUSSION REGARDING PROHIBITING EXTERIOR SPEAKERS IN NON-EATING AND
DRINKING ESTABLISHMENTS ON OCEAN DRIVE.
MOTION: Continue to January 18, 2017 by Acclamation.
7. DISCUSSION PERTAINING TO DEVELOPMENT REGULATIONS AND GUIDELINES FOR
NEW CONSTRUCTION IN THE PALM VIEW HISTORIC DISTRICT TO ADDRESS
RESILIENCY, SUSTAINABILITY AND ADAPTATION.
MOTION: Continue to March 8, 2017 by Acclamation.
8. UPDATE ON THE TRANSIT HUB ON THE 500 BLOCK OF ALTON ROAD.
MOTION: The item was withdrawn by the sponsor.
9. PROPOSED MIAMI BEACH MARINA REDEVELOPMENT AND ASSOCIATED LEGISLATIVE
CHANGES.
MOTION: The item was continued to March 8, 2017 by Acclamation.
10. DISCUSSION REGARDING THE RECOMMENDATION OF THE
NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO ESTABLISH MORE
AGGRESSIVE REQUIREMENTS FOR EMPLOYEE TRANSPORTATION PLANS.
MOTION: The item was continued to March 8, 2017 by Acclamation.
11. DISCUSSION TO RE-ZONE THE WESTERN SIDE OF THE 600 BLOCK OF WASHINGTON
AVENUE FROM RM-2 TO CD-2.
MOTION: JEA/MS (3-0)
Recommend that the City Commission refer the proposed ordinance to the Planning Board.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 16 of 81
C7 - Resolutions
9:52:56 a.m.
C7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE CITY OF MIAMI BEACH, ON BEHALF OF THE MIAMI BEACH
POLICE DEPARTMENT, TO ACCEPT A DONATION OF A KAWASAKI TERYX 4X4 OFF-ROAD
VEHICLE FROM MANGO'S TROPICAL CAFE, 900 OCEAN DRIVE, MIAMI BEACH, FLORIDA,
WITH AN APPROXIMATE VALUE OF $10,000.
Police
ACTION: Resolution 2017-29695 adopted. Item separated by Commissioner Grieco. Motion
made by Commissioner Grieco; seconded by Commissioner Arriola to adopt the Resolution;
Voice vote: 7-0. Police Chief Oates to handle.
Commissioner Grieco asked Police Chief Oates to explain the donation made.
Police Chief Oates recognized David Wallack, who donated a 4x4 off-road vehicle to the Police
Department that will be used to patrol Ocean Drive and the beach area. He thanked Mr. Wallack
for the donation.
Mayor Levine thanked Mr. Wallack for the donation.
David Wallack stated that he has donated in the past three canines to the Police Department, but
was told that the Police Department did not need another canine, but instead needed a beach
vehicle. He gave the donation as a celebration of the Police’s apprehension of three people, who
carried out a terrible crime in Miami Beach. He is pleased the Police Chief accepted the donation,
and hopes the vehicle will allow the Police to patrol the beach more appropriately.
Mayor Levine jokingly asked Mr. Wallack how he felt about marine patrol boats.
Mr. Wallack replied that he does not have any boats to donate, but will look into it for future
donations. He commended the Fire and Police Departments for their extraordinary work.
9:47:31 a.m.
C7 B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY
AFFAIRS COMMITTEE AT ITS DECEMBER 9, 2016 MEETING TO NAME THE FOUNTAIN
WITHIN SOUTH POINTE PARK IN MEMORY OF MARK N. OVERTON, FORMER DEPUTY
CHIEF OF THE MIAMI BEACH POLICE DEPARTMENT AND, PURSUANT TO SECTION 82-
503(B) OF THE CITY CODE, SETTING A PUBLIC HEARING FOR FEBRUARY 8, 2017 TO
CONSIDER THE NAMING OF THE FOUNTAIN, AND DIRECTING THE CITY CLERK TO
PUBLISH THE APPROPRIATE PUBLIC NOTICE.
Parks and Recreation
ACTION: Resolution 2017-29696 adopted. Item separated by Commissioner Grieco. Motion
made by Commissioner Grieco; seconded by Commissioner Alemán; Voice vote: 7-0. John
Rebar to handle.
Commissioner Grieco stated that he pulled the item because of what is going on with the fountain,
and clarified that he absolutely supports the naming of the fountain after the late Police Chief
Overton. He explained that the fountain project was supposed to take just five to six months to
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 17 of 81
complete, yet it has been over a year, and it looks like no progress has been made. He is aware
that the vendor was awarded a substantial monetary contract with the City regarding the Nikki
Beach parking lot. If he does not see significant progress on the fountain during the next two
weeks, he will terminate the Nikki Beach contract with the vendor and put it out to bid.
Commissioner Rosen Gonzalez stated that she drove by the fountain recently, and wondered why
the City would allow this project to take place during mid-season. This should have been taken
care of during the summer. She believes it is unacceptable for construction trucks to drive by the
Smith & Wollensky restaurant, and asked if these types of trucks should be prohibited from driving
in the area.
David Martinez, CIP Director, stated that the project started in January 2016, and was indeed
supposed to be a five to six month project. Regarding the trucks passing by in the area, he does
not see a reason for any of the contractor’s trucks to be there, and will speak with the contractor.
Mayor Levine stated that this project was awarded to the lowest bidder, which usually means that
the quality of work will be poor, and deadlines will not be met. He believes the policy of awarding
of contracts should be rethought.
Discussion continued.
9:55:57 a.m.
C7 C 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 I OF THE RFP SELECTION
PROCESS PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2016-204-KB, FOR
DESIGN/BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED
INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE.
Capital Improvement Projects/Procurement
ACTION: Resolution 2017-29697 adopted. Item separated by Vice-Mayor Malakoff. Motion
made to adopt the item as amended by Vice-Mayor Malakoff; seconded by Commissioner Grieco;
Voice vote: 6-1. Opposed: Commissioner Arriola. David Martinez and Alex Denis to handle.
(City Clerk’s Note : As per email from Rafael Paz, on January 20, 2017, the Commission’s
direction does not require an amendment to the Resolution.)
Direction:
Remove the residential use for the RFP for the new Collins Park garage.
Vice-Mayor Malakoff stated that the residential use of the Collins Park garage is unnecessary.
The garage is sided by the Miami City ballet, Bass Museum, regional library, and Collins Avenue.
There will always be a need for parking in that area.
Commissioner Rosen Gonzalez expressed her desire for a parking garage in the area.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 18 of 81
C7 D A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO
REQUEST FOR LETTERS OF INTEREST (RFLI) NO. 2016-219-KB, FOR A DESIGN
COMPETITION FOR AN ICONIC LGBT CROSSWALK; ACCEPTING THE CONCEPTUAL
DESIGN PROVIDED BY THE TOP-RANKED ARTIST/DESIGNER, SAVINO & MILLER DESIGN
STUDIO; AND, FURTHER, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, ACCEPTABLE TO THE CITY MANAGER AND THE CITY ATTORNEY, WITH
THE TOP-RANKED ARTIST/DESIGNER IN THE AMOUNT OF $5,000.00.
Transportation/Procurement
Commissioner Ricky Arriola
ACTION: Resolution 2017-29698 adopted. Jose Gonzalez and Alex Denis to handle.
9:19:23 a.m.
C7 E A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE WITH RESPECT TO ADVERTISING OPPORTUNITIES WITHIN
CERTAIN MUNICIPAL PARKING GARAGES, AND AUTHORIZING THE ADMINISTRATION TO
ISSUE REQUEST FOR PROPOSALS (RFP) NO. 2017-081-WG, FOR MUNICIPAL PARKING
GARAGE ADVERTISING SERVICES.
Marketing & Communications/Procurement
ACTION: Resolution 2017-29699 adopted. Item separated by Commissioners Arriola and
Steinberg. Motion made by Commissioner Alemán; seconded by Commissioner Grieco. Voice
vote: 4-3. Opposed: Vice-Mayor Malakoff and Commissioners Rosen Gonzalez and Steinberg.
Tonya Daniels, Saul Frances and Alex Denis to handle.
(City Clerk’s Note : As per email from Rafael Paz, on January 20, 2017, the Commission’s
direction does not require an amendment to the Resolution.)
DIRECTION:
• Include advertisement visibility from the street; and
• Have a PSA requirement.
Commissioner Arriola stated that the RFP does not include or exclude advertising within ten feet
of the garage entrance so that advertisements could be visible from the street.
City Manager Morales stated that for advertisements to be visible from the street they would have
to be at least ten feet into the garage.
Commissioner Arriola stated that rather than excluding this provision, he would like to include it as
part of the pricing to gauge how much money these ads could generate.
City Manager Morales agreed that it could be done.
Vice-Mayor Malakoff stated that she was not in favor of garage advertising in the first place,
because she does not believe people should be bombarded with advertisements everywhere they
look. She certainly does not agree that garage advertisements should be seen from the streets.
Commissioner Grieco expressed his support for Commissioner Arriola’s statement and would also
like to see the pricing differences when offering and not offering ads visible from the street.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 19 of 81
Commissioner Steinberg stated that she pulled this item, because she was concerned that the
City was allowing too much advertising. There needs to be criteria set to avoid advertisements
plastered everywhere. When reading this item, she did not see the language for PSAs (Public
Service Announcements). The City needs to promote important messages, and it should be
addressed in the RFP.
Commissioner Rosen Gonzalez asked whether there was a problem with parking revenue that the
City had to resort to advertising.
Saul Frances, Parking Department Director, replied that the parking business model is healthy,
but advertising would be a good opportunity to earn extra revenue.
Commissioner Rosen Gonzalez expressed her support for Vice-Mayor Malakoff and
Commissioner Steinberg regarding this item. She asked what the ads will be like, and whether it
will be an overwhelming amount.
Tonya Daniels, Director of Marketing and Communications, stated that whatever ads are chosen
need to be tasteful and approved by the City Staff and Commission. She agreed with
Commissioner Steinberg that PSAs need to be addressed in the RFP, and will be added.
City Manager Morales explained that the RFP gives the City complete control over the amount of
advertising that will be displayed.
Mayor Levine stated that the vote is split on the dais regarding advertising. He suggested looking
at all the options, and then make an appropriate decision.
Commissioner Steinberg expressed her disapproval of any ad being visible from the street.
City Manager Morales stated that Commissioner Rosen Gonzalez asked a good question on
whether the parking system was financially healthy, and indeed, it is. The importance of the
advertising revenue is because the City is expanding its focus on transportation and transit, and
advertising would be a good revenue source to finance these projects.
Commissioner Alemán stated that there was a presentation given at the Finance Committee,
which did not include ads that were visible from the street, and it did not make financial sense.
She would like to include street visible advertisements as part of the RFQ, while reserving the
City’s right to review and limit the amount of ads.
Rafael Andrade suggested the City Commission add points for a public benefit component to
encourage bidders to go heavy on the PSA requirement.
Commissioner Rosen Gonzalez stated that this item could go out to bid, but if the City needed
more money for transportation projects, it should not have removed the parking impact fee from
the Shore Club.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 20 of 81
C7 F A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE CITY TO ACCEPT DONATIONS AND SPONSORSHIPS FROM
T-MOBILE; THE MIAMI-DADE COUNTY PARKS, RECREATION AND OPEN SPACES
DEPARTMENT; KRAVE PURE FOODS, INC.; EXHALE ENTERPRISES, INC.; AND TATE'S
BAKE SHOP, IN THE TOTAL AMOUNT OF $5,800, IN SUPPORT OF THE CITY’S JANUARY
CICLOVÍA EVENT.
Marketing and Communications
ACTION: Resolution 2017-29700 adopted. Tonya Daniels to handle.
C7 G A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING THE ASSIGNMENT OF THE AGREEMENT FOR LIGHT POLES,
FIXTURES AND BASES BETWEEN THE CITY AND HD SUPPLY POWER SOLUTIONS, LTD.
(A/K/A ANIXTER POWER SOLUTIONS, LLC), TO ANIXTER INC., AS THE SUCCESSOR-IN-
INTEREST TO ANIXTER POWER SOLUTIONS, LLC BY MERGER; AND FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE ASSIGNMENT AND
ASSUMPTION OF AGREEMENT AND CONSENT TO ASSIGNMENT AND ASSUMPTION OF
AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION.
Procurement
ACTION: Resolution 2017-29701 adopted. Alex Denis to handle.
C7 H A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING, AS A SOLE SOURCE PURCHASE PURSUANT TO SECTION 2-
367(D) OF THE MIAMI BEACH CITY CODE, THE PURCHASE OF SPIRAX SARCO METER
SYSTEMS EQUIPMENT, PARTS, SOFTWARE, SERVICE, AND RELATED ITEMS FOR THE
CITY'S SATELLITE CITY FLOW METERING SYSTEMS, FROM G-TEC EQUIPMENT
SERVICES, LLC, THE EXCLUSIVE AGENT FOR SPIRAX SARCO METER SYSTEMS
EQUIPMENT, PARTS, SOFTWARE, SERVICE, AND RELATED ITEMS IN THE CITY'S
GEOGRAPHIC REGION.
Public Works/Procurement
ACTION: Resolution 2017-29702 adopted. Eric Carpenter and Alex Denis to handle.
C7 I A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING THE ASSIGNMENT OF THE AGREEMENT BETWEEN THE CITY AND
UNIFY, INC. (ASSIGNOR), FOR MAINTENANCE OF THE TELECOMMUNICATIONS SYSTEMS
AT VARIOUS CITY FACILITIES, TO ATOS IT SOLUTIONS & SERVICES, INC. (ASSIGNEE), AS
THE SUCCESSOR-IN-INTEREST BY ACQUISITION; AND FURTHER AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE CONSENT TO ASSIGNMENT AND
ASSUMPTION OF AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS
RESOLUTION, AS APPROVED BY THE CITY ATTORNEYS OFFICE.
Information Technology/Procurement
ACTION: Resolution 2017-29703 adopted. Ariel Sosa and Alex Denis to handle.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 21 of 81
C7 J A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AMENDMENT NO. 6 TO THE AGREEMENT, DATED OCTOBER 10, 2014, BETWEEN THE
CITY OF MIAMI BEACH AND TYLER TECHNOLOGIES, INC., FOR REPLACING THE CITY'S
ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM AND . THE CITY'S PERMITTING
SYSTEM, TO AMEND THE PROVISIONS REGARDING PROJECT MANAGEMENT
SERVICES.
Information Technology
ACTION: Resolution 2017-29704 adopted. Ariel Sosa to handle.
C7 K A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH AND THE CITY OF MIAMI BEACH
FOR THE COLLABORATIVE PREPARATION OF THE ASSESSMENT OF FAIR HOUSING
(AFH), WHICH ASSESSMENT IS REQUIRED BY THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD); AUTHORIZING EXECUTION OF THE MOU BY THE CITY
MANAGER AND THE CITY CLERK; AND FURTHER AUTHORIZING THE CITY
ADMINISTRATION TO SUBMIT THE MOU TO HUD FOR ITS REVIEW.
Housing and Community Services
ACTION: Resolution 2017-29705 adopted. Maria Ruiz to handle.
C7 L A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE CITY MANAGER TO AMEND THE CITY'S AGREEMENTS WITH
THE SALVATION ARMY AND CAMILLUS HOUSE, INC. FOR THE PROVISION OF
EMERGENCY SHELTER BEDS, EXTENDING THE EXPIRATION DATE FOR BOTH
AGREEMENTS FROM APRIL 30, 2017 TO SEPTEMBER 30, 2017 IN ORDER TO ENSURE
THE CURRENT LEVEL OF SERVICE THROUGH THE END OF THIS FISCAL YEAR; AND
FURTHER AUTHORIZING THE CITY MANAGER TO AMEND THE AGREEMENT WITH THE
SALVATION ARMY, REQUIRING FIVE (5) ADDITIONAL SHELTER BEDS SERVING WOMEN
AND FAMILIES.
Housing and Community Services
ACTION: Resolution 2017-29706 adopted. Maria Ruiz to handle.
C7 M A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
APPLY FOR, ACCEPT, AND APPROPRIATE FUNDING (INCLUDING MATCHING FUNDS AND
ANY RELATED CITY EXPENSES), AND EXECUTE ANY AND ALL DOCUMENTS OR
AGREEMENTS IN CONNECTION WITH THE FOLLOWING GRANTS AND FUNDING
AGREEMENTS: 1) THE MIAMI-DADE COUNTY HOMELESS TRUST FOR FISCAL YEAR (FY)
2016/17 FUNDING IN THE APPROXIMATE AMOUNT OF $25,000 FOR IDENTIFICATION
ASSISTANCE THROUGH THE CITY'S HOMELESS OUTREACH PROGRAM AND 2) THE
MIAMI-DADE COUNTY HOMELESS TRUST FOR FISCAL YEAR (FY) 2016/17 IN THE
APPROXIMATE AMOUNT OF $25,000 FOR THE CITY'S HOTEL/MOTEL PLACEMENT AND
THE HOTEL/MOTEL INFORMATION SYSTEM (HMIS) STAFFING PROGRAM.
Budget and Performance Improvement
ACTION: Resolution 2017-29707 adopted. Cintya G. Ramos to handle.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 22 of 81
C7 N A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, URGING THE U.S. ARMY CORPS OF ENGINEERS, THE FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION, AND THE SOUTH FLORIDA WATER MANAGEMENT
DISTRICT TO TAKE ALL STEPS NECESSARY TO EXPEDITE AND COMPLETE THE
CONSTRUCTION OF PHASE I OF THE BISCAYNE BAY COASTAL WETLANDS (BBCW)
PROJECT; URGING THE U.S. ARMY CORPS OF ENGINEERS, THE FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION, AND THE SOUTH FLORIDA WATER MANAGEMENT
DISTRICT TO TAKE ALL STEPS NECESSARY TO EXPEDITE THE PLANNING OF PHASE II
OF THE BBCW PROJECT SO THAT SUCH PLANNING OCCURS AS SOON AS POSSIBLE
AND PRIOR TO THE CURRENT SCHEDULED START DATE OF 2021; DIRECTING THE CITY
OF MIAMI BEACH'S STATE AND FEDERAL LOBBYISTS TO ADVOCATE FOR
ADMINISTRATIVE ACTION THAT WOULD ACCOMPLISH THE GOALS SET FORTH IN THIS
RESOLUTION; DIRECTING THE CITY ADMINISTRATION TO INCLUDE THIS ITEM IN ITS
LEGISLATIVE PRIORITIES FOR THE 2017 STATE AND FEDERAL LEGISLATIVE SESSIONS
AND FUTURE LEGISLATIVE SESSIONS; AND, FURTHER, DIRECTING THE CITY CLERK TO
FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE ASSISTANT SECRETARY
OF THE ARMY FOR CIVIL WORKS, THE SECRETARY OF THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, AND THE GOVERNING BOARD AND EXECUTIVE
DIRECTOR OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT.
Office of the City Attorney
Commissioner John Elizabeth Alemán
ACTION: Resolution 2017-29708 adopted. Elizabeth Wheaton and Erick Chiroles to handle.
C7 O A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING RESOLUTION NO. 2016-29607, IN ORDER TO APPROVE AND
AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE A REVISED PROFESSIONAL
SERVICES AGREEMENT WITH ARTS FOR LEARNING/MIAMI, INC., A NOT-FOR-PROFIT
CORPORATION, TO INCLUDE ADDITIONAL ARTS EDUCATION PROGRAMS AT FIENBERG-
FISHER K-8 CENTER, IN AN AMOUNT NOT TO EXCEED $6,000, WITH A REVISED TOTAL
AMOUNT NOT TO EXCEED $81,000, WHICH AGREEMENT SHALL HAVE AN INITIAL TERM
OF ONE (1) YEAR, WITH THE OPTION, AT THE CITY'S SOLE DISCRETION, TO EXTEND
FOR AN ADDITIONAL TWO (2) YEARS CONTINGENT UPON THE APPROPRIATION OF
REQUIRED FUNDING BY THE MAYOR AND CITY COMMISSION.
Tourism, Culture and Economic Development
Co-Sponsored by Commissioner Alemán
ACTION: Resolution 2017-29709 adopted. Eva Silverstein to handle.
C7 P A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE; AND AUTHORIZING THE ADMINISTRATION TO NEGOTIATE A
NEW LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND COLONY THEATRE
CAFE, INC. D/B/A SEGAFREDO, FOR THE USE OF APPROXIMATELY 1,371 SQUARE FEET
OF CITY-OWNED PROPERTY LOCATED AT 1040 LINCOLN ROAD, MIAMI BEACH FLORIDA.
Tourism, Culture and Economic Development
ACTION: Resolution 2017-29710 adopted. Eva Silverstein to handle.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 23 of 81
9:14:35 a.m.
C7 Q A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AN AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY AND FRIENDS OF THE BASS MUSEUM, INC.; SAID
AMENDMENT PERMITTING THE OPERATION OF AN OUTDOOR CONCESSION AREA
ADJACENT TO THE MUSEUM, WHICH WILL PROVIDE FOOD AND BEVERAGE
CONCESSION SERVICES TO MUSEUM VISITORS AND THE GENERAL PUBLIC; AND
FURTHER PROVIDING THAT THE FINAL NEGOTIATED AMENDMENT SHALL BE SUBJECT
TO THE ADVANCE APPROVAL OF THE MAYOR AND CITY COMMISSION.
Tourism, Culture and Economic Development
ACTION: Resolution 2017-29711 adopted. Item separated by Commissioners Grieco and
Steinberg. Motion to approve item as amended by Commissioner Grieco; seconded by
Commissioner Steinberg. Voice-vote: 7-0. Eva Silverstein to handle.
DIRECTION:
• Separate the Rotunda component and refer it to the Neighborhood/Community Affairs
Committee.
(City Clerk’s Note : As per email from Gisela Nanson Torres, on January 20, 2017, the
Commission’s direction does not require an amendment to the Resolution.)
REFERRAL:
• Neighborhood/Community Affairs Committee - Rotunda component.
MOTION 1:
• Motion made by Commissioner Steinberg to separate the Rotunda component and refer it to
the Neighborhood/Community Affairs Committee; seconded by Commissioner Grieco. Voice-
vote: 7-0. Morgan Goldberg to place on the Committee Agenda. Eva Silverstein to
handle.
MOTION 2:
• Motion made by Commissioner Grieco to adopt the remainder of the item; seconded by
Commissioner Steinberg. Voice-vote: 7-0. Eva Silverstein to handle.
Commissioner Grieco stated that he has received several calls regarding the Rotunda portion of
the item, and would like to know if there is a better use for it, and possibly put it out to bid.
Commissioner Steinberg stated that she would like to bifurcate the item, and refer the Rotunda
portion of the item to the Neighborhood/Community Affairs Committee to determine its best use.
Kathie G. Brooks, Assistant City Manager, explained that to activate the Rotunda there would
have to be more than $900,000 in improvement cost. This amount is currently not budgeted. It
could be required as part of the expenses to the concessionaire, or the City could look for further
funding before putting out to bid.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 24 of 81
ADDENDUM MATERIAL 3: REVISED RESOLUTION
C7 R A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, OPPOSING ANY RELIGIOUS-BASED OR NATIONALITY-BASED REGISTRATION
OF PERSONS ENTERING THE UNITED STATES OF AMERICA.
Office of the City Attorney
Commissioner Michael Grieco
ACTION: Resolution 2017-29712 adopted. Office of the City Attorney to handle.
C7 S A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, WAIVING BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING
SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND RETROACTIVELY
AWARDING $60,000 TO H.O.P.E. IN MIAMI-DADE, INC. FOR THE PROVISION OF
EMPLOYMENT SERVICES FOR THE HOMELESS; AND FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL NECESSARY AGREEMENTS.
Housing and Community Services
ACTION: Resolution 2017-29713 adopted. Maria Ruiz to handle.
ADDENDUM MATERIAL 2
C7 T A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE TO AMEND THE CITY’S TUITION ASSISTANCE PROGRAM AS SET
FORTH IN THE ATTACHED EXHIBIT “3”.
Human Resources
ACTION: Resolution 2017-29714 adopted. Michael Smith to handle.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 25 of 81
REGULAR AGENDA
R5 – Ordinances
10:10:16 a.m.
R5 A DEMOLITION MORATORIUM FOR PROPERTIES FRONTING TATUM WATERWAY:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, PERTAINING TO THE SUBJECT OF A SIX (6) MONTH MORATORIUM FOR
PROPERTIES FRONTING ON TATUM WATERWAY AND LOCATED ON THE WEST SIDE OF
TATUM WATERWAY DRIVE AND BYRON AVENUE FROM 77TH STREET TO 87TH STREET,
PROPERTIES LOCATED ON THE EAST SIDE OF HAWTHORNE AVENUE FROM 77TH
STREET TO CRESPI BOULEVARD, PROPERTIES LOCATED ON THE EAST SIDE OF CRESPI
BOULEVARD FROM HAWTHORNE AVENUE TO 85TH STREET, AND PROPERTIES
LOCATED ON THE NORTH SIDE OF 85TH STREET BETWEEN CRESPI BOULEVARD AND
BYRON AVENUE; IMPOSING A TEMPORARY MORATORIUM UPON THE RECEIPT OF OR
PROCESSING OF APPLICATIONS, PERMITS OR PENDING APPROVALS PERTAINING TO
DEMOLITION OF STRUCTURES ON TATUM WATERWAY; PROVIDING FOR AN EFFECTIVE
DATE RETROACTIVE TO FIRST READING, JANUARY 11, 2017; FOR ZONING IN PROGRESS
PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS
ORDINANCE, AND NO APPLICATIONS FOR DEMOLITION WITHIN THE DESIGNATED AREA
SHALL BE ACCEPTED BY THE CITY; PROVIDING FOR EXCEPTIONS; PROVIDING FOR
SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING
FOR AN EXPIRATION DATE. 10:00 a.m. First Reading Public Hearing
Planning/Office of the City Attorney
Commissioner Ricky Arriola & Co-Sponsored by Vice-Mayor Joy Malakoff
ACTION: Title of the Ordinance read into the record. Public hearing held . Ordinance adopted on
first reading. Motion made by Vice-Mayor Malakoff; seconded by Commissioner Arriola to adopt
the Ordinance. Ballot vote: 7-0. Second Reading Public Hearing scheduled for February 8, 2017 .
Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received.
Thomas Mooney and Office of the City Attorney to handle.
RECOMMENDATIONS:
Correct scrivener’s error on the effective date of the Ordinance. Thomas Mooney and Office
of the City Attorney to handle.
Notify property owners by mail for second reading of the Ordinance. Thomas Mooney to
handle.
Obtain design guidelines for Conservation Districts before six months and bring back to City
Commission. Thomas Mooney and Office of the City Attorney to handle.
Matis Cohen stated that the property owners in this area came to the City, bought the properties,
and now the City wants to change the rules. The City does not want to incentivize, but penalize.
This City Commission found it prudent not to preserve this specific area, due to the vulnerability to
sea level rise. A six-month moratorium was placed in this area, and facts show that this area is
not only susceptible to sea level rise and flooding issues, but it was in fact in danger at this time; a
moratorium is another penalty to the property owners. The first the property owners heard of the
Ordinance, was when it was publicized, and he is not aware of any property owners notified or
invited to discuss the ramifications. They do not understand why they are being penalized after
spending millions of dollars in properties. Property taxes have increased by 17% this year; they
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 26 of 81
are not homesteaded or protected, and this does not allow them to adapt or to protect
themselves. He urged this City Commission to rescind this Resolution for lack of fairness.
City Attorney City Attorney Raul J. Aguila, explained the legality of the moratorium by stating that
the Ordinance, which is now in First Reading, had been properly noticed; the Ordinance calls for a
six-month moratorium on the issuance of demolition permits. Based on legal research and other
moratoriums done in the City, the Office of the City Attorney feels comfortable recommending this
to the City Commission, and he believes the Ordinance is proper and legally before this body.
Former Commissioner Nancy Liebman stated that she was on the Steering Committee (North
Beach Blue Ribbon Panel), and added that the Ordinance is necessary; it was created by the City
Commission to protect Tatum Waterway area, which was arbitrarily left out of the Historic District.
The moratorium is in place to protect the area. How do you protect the area against the wishes of
developers that would like to have another high-rise development in that area? The properties
have been the same since she moved to the City in 1969. Ms. Liebman urged the City
Commission to think about how to move things forward in North Beach, not just fighting over
Tatum Waterway.
Mayor Levine thinks there is overwhelming support to pass the moratorium and believes in
continuing the Steering Committee (Mayor’s North Beach Master Panel Steering Committee. See
item R9 X.)
Discussion held.
Daniel Ciraldo, on behalf of Miami Design Preservation League (MDPL), stated that they are in
support of preservation in North Beach. Rather than adapting, he suggested at looking at creative
ideas for Tatum Waterway regarding design guidelines, adaptive reuses and other alternatives for
that neighborhood. He is in support of the moratorium and thanked Vice-Mayor Malakoff and
Commissioner Arriola for placing the item on the Agenda.
Kent Harrison Robbins, Esq., stated that this City Commission had a contentious argument over
the Conservation/Historic District designation for this site, but he believes it is important that this
City Commission seems to recognize that North Beach is a special area; and this part of North
Beach was identified within the Planning documents to be treated specially. The decision has
apparently been made not to designate the area historic, but talks had been held about
designating the area as a Conservation District. Planning staff has indicated its willingness to
move forward in that regard, and it seems that the City Commission supports that. The purpose of
a moratorium is to ensure that when there is a planning process, that they are able to know the
facts on the ground in order to make proper planning decisions. A moratorium is an acceptable
means and methods of assuring that the long view of this City Commission is implemented; it is
not a taking. The guidelines implemented by the City Attorney follow the law, the case law, as well
as the practice of the City in implementing prior moratoriums. This is good planning process, by
supporting the moratorium it will assist in trying to figure out how they are going to treat this critical
part of North Beach.
Matis Cohen requested that before further action is taken, that the property owners are included in
this conversation.
Commissioner Rosen Gonzalez stated that the way this Ordinance is written is retroactive as of
January 2016, so there will not be a demolition moratorium, and asked the City Attorney if
language on Page 341 referring to the retroactive date of the Ordinance as of January 11, 2016 is
a mistake.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 27 of 81
Eve Boutsis, Deputy City Attorney, stated that the retroactive date is a scrivener’s error and
apologized.
Commissioner Arriola, in reference to Mayor Levine’s earlier comment, encouraged
Commissioner Rosen Gonzalez to use words such as “is it a typo” and refrain from making wild
accusations.
Vice-Mayor Malakoff added that this area is going to be a Conservation District, and the
moratorium allows the Planning Department to work on and come back to the City Commission
with important design guidelines for the buildings on Tatum Waterway, and the actual guidelines
for the neighborhood Conservation District.
Commissioner Rosen Gonzalez stated that she will not interrupt but will continue to raise her
hand. The reason she may be suspect is because some promises were not kept and that is why
they are having this Ordinance on Tatum Waterway that people worry and there was a lack of
confidence. As she read the Ordinance, she wondered if it was an empty resolution or not,
because she has the right to worry, that is the reason she was elected, to ask questions. She is
sure that Eve Boutsis did not take offense at all. She finds the negativity on the dais extremely
unpleasant. She has many reasons why she questions things that come in front of the
Commission.
Commissioner Alemán explained that the purpose of this moratorium is to make sure the
Conservation District guidelines are in place. Existing law prohibits demolition without the
presentation of plans of what is going to be built; this item is for the plans to reflect the
Conservation District guidelines; the problem is that they are not written yet. She encouraged the
Planning Department to expedite the Conservation District guidelines, and suggested getting the
guidelines done earlier than six months, then when ratified they could lift the moratorium. She
suggested this to be added between first and second reading. She also asked clarification
regarding empty lots along Tatum Waterway, and they are concerned about new structures that
could be built there. She asked Mr. Mooney to clarify what the height limitation is on this area.
Mr. Mooney stated that the height limit is five stories.
Commissioner Alemán concluded that it is unfortunate that this City Commission is not celebrating
that this City Commission did what the prior two Commissions did not do, which is designate the
largest Historic District in the City in decades, and that is a real accomplishment for those whose
goal is championing the MiMo District.
Commissioner Rosen Gonzalez added that they had an agreement, as promised by the City
Commission, and as stated by Dover Kohl and the North Beach Master Planner, they were going
to designate 100%, not 90%; this Tatum Waterway meant a great deal to people in the area, and
to say they did it all is a cheating deal.
Discussion held.
Mayor Levine thanked Commissioners Alemán and Arriola for their leadership on this, and he
agrees that for many years North Beach was ignored; and not only has North Beach begun to
grow in the right way, with the right panel of individuals, but now North Beach has its first Historic
District ever, and this is a good thing for the community and the City. He stated that politics is the
art of compromise, and they should keep that in mind.
Mayor Levine recognized Commissioner Rosen Gonzalez for bringing attention to the scrivener’s
error.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 28 of 81
Commissioner Alemán requested notifying property owners for second reading by mail. Thomas
Mooney to handle.
Handouts and Reference Materials:
1. Ad 1252 published in The Miami Herald
2. Ad 1254 published in The Miami Herald
10:28:09 a.m.
2:09:44 p.m.
R5 B 17TH STREET SOUTH ALCOHOLIC BEVERAGE ESTABLISHMENT REGULATIONS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE
II, "DISTRICT REGULATIONS," AT DIVISION 6, "CD-3 COMMERCIAL, HIGH INTENSITY
DISTRICT," SECTION 142-332, "MAIN PERMITTED USES"; TO AMEND THE OPERATION,
LOCATION, AND USE RESTRICTIONS FOR ENTERTAINMENT, DANCE HALL AND
ALCOHOLIC BEVERAGE ESTABLISHMENTS LOCATED SOUTH OF 17TH STREET,
BETWEEN LENOX AVENUE AND MERIDIAN AVENUE, AND PROPERTIES WITH A LOT LINE
ADJOINING LINCOLN ROAD, FROM COLLINS AVENUE TO ALTON ROAD; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
10:05 a.m. Second Reading Public Hearing
Planning
Vice-Mayor Joy Malakoff
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4067
adopted as amended. See motions below. Thomas Mooney to handle.
MOTION NO. 1:
Motion made by Commissioner Rosen Gonzalez; seconded by Commissioner Alemán. Ballot
vote: 6-0; Abstained: Mayor Levine.
MOTION TO RECONSIDER:
Motion made by Vice-Mayor Malakoff to reconsider her vote, as there was an error in the
language; seconded by Commissioner Grieco. Voice vote: 6-0; Abstained: Mayor Levine.
MOTION NO. 2:
Motion made by Vice-Mayor Malakoff to approve the item, removing language as shown below;
seconded by Commissioner Alemán; Ballot vote: 6-0; Abstained: Mayor Levine.
AMENDMENT:
For properties located south of 17th Street, between Lenox Avenue and Meridian Avenue, and
properties with a lot line adjoining Lincoln Road, from Collins Avenue to Alton Road, dance halls
(as defined in section 114-1 of this Code) licensed as alcoholic beverage establishments shall
only operate as restaurants with full kitchens and serving full meals. Additionally, such dance
halls, as well as entertainment establishments, on properties located south of 17th Street,
between Lenox Avenue and Meridian Avenue, and properties with a lot line adjoining Lincoln
Road, from Collins Avenue to Alton Road, shall be required to install a double door vestibule at all
access points from the sidewalk, with the exception of emergency exits.
Mayor Levine stated that he has a voting conflict of interest on this item, and read the following
into the record: “This is an Ordinance amending the operation, location and use restrictions for
entertainment, dance hall, and alcoholic beverage establishments located in portions of the CD-3
Commercial, High-Density District, located south of 17 th Street and adjoining Lincoln Road. He is
After Action January 11, 2017 Commission Meeting City of Miami Beach
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abstaining from participating in voting on this matter, because he has an ownership interest in real
property located at 1000 17th Street, which is within the boundaries of the area affected by this
Ordinance. He announced that besides R5 B, he will abstain as well from R5 G, which is about
Sunset Harbour, and he asked Vice-Mayor Malakoff to handle both items on his behalf.
City Clerk Granado announced that Voting Conflict of Interest forms 8B were received from Mayor
Levine.
Thomas Mooney, Planning Department Director, introduced the item, which is an amendment to
the CD-3 regulations. It requires now that entertainment establishments operating as restaurants
include double door vestibules within the establishments where permitted on Lincoln Road, and it
extends the area up to 17 th Street. The Administration is recommending adoption.
Commissioner Rosen Gonzalez requested a map of the area, since it has many beverage
restrictions adjoining Lincoln Road.
Mr. Mooney explained that it affects properties zoned CD-3 from Collins Avenue west to Alton
Road; and the CD-3 District north of Lincoln Road to 17 th Street, within the areas between Lenox
and Meridian Avenue. A map could be provided subsequently.
Vice-Mayor Malakoff added that the reason for this Ordinance is that there are residential
apartment buildings and single-family homes across 17 th Street and the Palm View area, and on
17 th Street. She thinks everywhere in the City where there are residential areas nearby, the double
door vestibule is essential; and in CD-3 it is the highest density district in the City; and although
they could not prohibit it, they could at least protect the neighborhood, by keeping the sound
within the building with these vestibules.
Mr. Mooney showed a map and explained that it shows the CD-3 section near Lincoln Road. The
language is very clear and reads: For properties located south of 17th Street, between Lenox
Avenue and Meridian Avenue, and properties with a lot line adjoining Lincoln Road, from Collins
Avenue to Alton Road, dance halls (as defined in section 114-1 of this Code) licensed as alcoholic
beverage establishments shall only operate as restaurants with full kitchens and serving full
meals. Additionally, such dance halls, as well as entertainment establishments, on properties
located south of 17th Street, between Lenox Avenue and Meridian Avenue, and properties with a
lot line adjoining Lincoln Road, from Collins Avenue to Alton Road, shall be required to install a
double door vestibule at all access points from the sidewalk, with the exception of emergency
exits.
Mr. Mooney explained that it would not include the properties to the north of Lincoln Road, west of
Washington Avenue, or the properties south of Lincoln Road that are west of Pennsylvania
Avenue. There would be a small area that would not be part of this. It would only be those
properties on Lincoln Road and those properties that are north of Lincoln Road, south of 17th
Street from Lenox to Meridian Avenues.
Discussion held regarding double doors.
In answering Commissioner Rosen Gonzalez’s questions, Mr. Mooney explained that this had
started out as a much more comprehensive Ordinance, but because of concerns expressed by
property owners, and the fact that there was already a requirement that dance halls on Lincoln
Road could only be part of a restaurant, it was determined that that particular requirement should
be extended to 17th Street. There was no requirement for a double door vestibule for a restaurant,
even if it had entertainment; that is typically required by the Planning Board if a conditional use
approval is required, but if that particular property did not have to go to Planning Board, then there
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 30 of 81
was no opportunity to introduce that double door vestibule. By codifying it, it requires that the
double door vestibule be provided before they could get their entertainment or dance hall license.
Commissioner Rosen Gonzalez is in support of the item and moved the item; seconded by
Commissioner Alemán. Ballot vote: 7-0. Motion passes.
2:09:44 p.m.
Mayor Levine stated that Vice-Mayor Malakoff wants to reconsider her vote on item R5 B.
MOTION TO RECONSIDER
Motion made by Vice-Mayor Malakoff to reconsider her vote, as there was an error in the
language; seconded by Commissioner Grieco. Voice vote: 6-0; Abstained: Mayor Levine.
Vice-Mayor Malakoff explained that there was some disconnect between the Land Use &
Development Committee meeting and the language in the Ordinance.
Thomas Mooney, Planning Department Director, stated that when the item was discussed at the
Land Use & Development Committee, there was a slight error in the draft that came out of the
Land Use & Development Committee. The Land Use & Development Committee did recommend
that this Ordinance only apply to dance halls and not entertainment establishments, but it travelled
through the process with entertainment establishments being required to have the double doors.
The issue with that is that there is a broad definition of entertainment establishments in the Code
that this could apply to an entertainment establishment that has a solo guitar player, or a music
played by a DJ. One of the affected stakeholders brought this to his attention this moving; they
looked at the video and the Land Use & Development Committee did recommend that this move
forward with just the dance halls being required to have the double doors. They recommend that
this be readopted, but removing the word “as well as entertainment establishments” from the
revised text portion.
SECOND MOTION
Motion made by Vice-Mayor Malakoff to approve the Ordinance as amended; seconded by
Commissioner Alemán. Ballot vote: 6-0; Abstained: Mayor Levine.
Handouts and Reference Materials:
1. Ad 1254 published in The Miami Herald
2. Ad 1256 published in The Miami Herald
3. Form 8B signed by Mayor Levine, Form No. 135
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 31 of 81
11:01:52 a.m.
R5 C 1. COMPREHENSIVE PLAN - TRANSIT INTERMODAL FACILITIES:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN
OF THE CITY OF MIAMI BEACH, FLORIDA, BY OBJECTIVE 1, ENTITLED "LAND
DEVELOPMENT REGULATIONS," TO ALLOW "TRANSIT INTERMODAL FACILITIES" AS A
PERMITTED USE WITH IN THE FOLLOWING LAND USE CATEGORIES: LOW INTENSITY
COMMERCIAL CATEGORY (CD-1), MEDIUM INTENSITY COMMERCIAL CATEGORY (CD-2),
HIGH INTENSITY COMMERCIAL CATEGORY (CD-3), PUBLIC FACILITY HOSPITAL - PF (PF-
HD), PUBLIC FACILITY: GOVERNMENTAL USES (PF), PARKING (P), GENERAL MIXED USE
COMMERCIAL "PERFORMANCE STANDARD" CATEGORY (CPS-2), TOWN CENTER CORE
CATEGORY (TC-1), AND TOWN CENTER COMMERCIAL CATEGORY (TC-2); AMENDING
THE FUTURE LAND USE MAP TO MODIFY THE DESIGNATION "RECREATION OPEN
SPACE" (ROS) ALONG THE JULIA TUTTLE TO "PUBLIC FACILITY" (PF); AMENDING THE
PARKING (P) LAND USE CATEGORY TO ALLOW THOSE USES PERMITTED IN
SURROUNDING LAND USE CATEGORIES, INCLUDING, BUT NOT LIMITED TO,
RESIDENTIAL USES WHEN ASSOCIATED WITH A TRANSIT INTERMODAL FACILITY OR
PARKING FACILITY; AMENDING AND UPDATING THE GOALS, OBJECTIVES, AND RELATED
POLICIES OF THE TRANSPORTATION ELEMENT AS FOLLOWS: OBJECTIVE 1, ENTITLED
"LEVEL OF SERVICE," TO REFLECT THE CITY'S ADOPTED MODE OF TRANSPORTATION
HIERARCHY; OBJECTIVE 2, ENTITLED "COORDINATION WITH LAND USE," TO DETAIL THE
NEEDS FOR TRANSIT INTERMODAL FACILITIES; OBJECTIVE 3, ENTITLED "ROADWAY
PLANNING, DESIGN AND CONSTRUCTION," TO INCORPORATE ADDITIONAL MULTIMODAL
TRANSPORTATION OPTIONS; OBJECTIVE 4, ENTITLED "MASS TRANSIT," TO
ENCOURAGE MASS TRANSIT OPTIONS THROUGH THE 2015 TRANSPORTATION MASTER
PLAN; OBJECTIVE 5A, ENTITLED "TRANSIT MODE" TO DETAIL OPTIONS FOR
TRANSPORTATION INFRASTRUCTURE; OBJECTIVE 6, ENTITLED "MULTI-MODAL
TRANSPORTATION AND MOBILITY OPTIONS," TO CLARIFY STRATEGIES TO IMPLEMENT
MULTI-MODAL TRANSPORTATION OPTIONS; OBJECTIVE 7, ENTITLED "ENHANCE,
PROTECT, AND PRESERVE THE CITY'S NEIGHBORHOODS," TO CLARIFY COORDINATING
AGENCIES AND STRATEGIES; OBJECTIVE 8, ENTITLED "PARKING," TO ENCOURAGE
SMART PARKING SYSTEMS; OBJECTIVE 10, ENTITLED "TRANSPORTATION
COORDINATION WITH OTHER JURISDICTIONS," TO REQUIRE COORDINATION RELATING
TO "TRANSIT INTERMODAL FACILITIES;" THE GLOSSARY OF TERMS TO INCLUDE THE
TERM "TRANSIT INTERMODAL FACILITY" AND RELATED DEFINITIONS; AMENDING AND
UPDATING THE POLICIES WITHIN THE INTERGOVERNMENTAL COORDINATION ELEMENT
TO INCLUDE COORDINATION RELATING TRANSIT INTERMODAL FACILITIES; PROVIDING
FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE. 10:10 a.m. Second Reading Public Hearing
Planning
Commissioner Ricky Arriola
ACTION: Title of the Ordinance read into the record. Item opened and continued. Motion made by
acclamation to open and continue the item to February 8, 2017 . Rafael E. Granado to notice. Lilia
Cardillo to place on the Commission Agenda, if received. Thomas Mooney to handle.
DIRECTION:
Remove Transit intermodal facility language from all Land Use Categories; and
Bring back to the February 8, 2017 Commission Meeting
Jimmy L. Morales, City Manager, explained that these Ordinances do not need to move forward at
this point. In the Comprehensive Plan amendment, there are items not related to train or transit,
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Page 32 of 81
but deal with other concurrency issues, and he asked Thomas Mooney to explain how they will
address that.
Thomas Mooney, Planning Department Director, stated that the Comprehensive Plan amendment
before the City Commission, while it includes the creation of an allowance for transit facilities in
certain future Land Use Categories, if the Comprehensive Plan was adopted today, those transit
facilities could not be used in future Land Use Categories until the LDRs were amended. Even if
the Comprehensive Plan moves forward as drafted, there could be no transit facilities, because
the LDRs if not amended, would still need to come back to the City Commission. The
Comprehensive Plan amendment also sets forth important policies related to the implementation
of the transportation master plan adopted in 2015. The other thing is that it creates the framework
for the City Commission to be able to grant concurrency waivers. The City Commission has
adopted enabling legislation in that regard, but the legislation is contingent upon this framework
being modified in the Comprehensive Plan. It is for that reason that if LDRs are tabled and do not
move forward today, they would still have the Comprehensive Plan amendment portion to move
forward today.
Discussion held.
City Attorney Raul J. Aguila asked for clarification. Are they proposing that the City Commission
adopt the Comprehensive Plan amendment as presented today, or with the deletion of the word
“transit intermodal facilities?”
City Manager Morales recommended removing transit intermodal facilities from the legislation and
there was consensus on the dais.
Mr. Mooney explained that an Option B, which has been distributed, was drafted, that would
remove transit intermodal facility from every Land Use category. The only category they might
want to leave language in is for future Land Use Categories of parking and public facilities; or
removes language from all Land Use Categories.
Mayor Levine stated that the direction is that until the County approves and moves forward with a
street car/rail project, then City Commission moves on it and then it goes to referendum;
therefore, there is no sense at this time in doing the intermodal.
Mr. Mooney recommended removing transit intermodal facility language from future Land Use
Categories, and adopting the remainder of the Comprehensive Plan amendments.
Commissioner Alemán stated that this is second reading, and suggested bringing the item back
next month.
There was consensus to bring the item back next month with the amendments recommended.
Handouts and Reference Materials:
1. Ad 1254 published in The Miami Herald
2. Ad 1257 published in The Miami Herald
3. Email from Eve Boutsis dated January 09, 2017 RE: 50 foot/5 story height bonuses for “transient
intermodal” facilities. Jan. 11 city commission agenda 10:10AM, R5C & R5D, recommending “table
indefinitely.”
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 33 of 81
11:08:03 a.m.
R5 D LDR - TRANSIT INTERMODAL FACILITIES:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
SECTION 114-1, ENTITLED "DEFINITIONS" TO PROVIDE A DEFINITION FOR A "TRANSIT
INTERMODAL FACILITY" AND ASSOCIATED DEFINITIONS; AMENDING CHAPTER 130,
"OFF- STREET PARKING," ARTICLE II, "DISTRICTS; REQUIREMENTS," SECTION 130-32,
"OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1," AND SECTION
130-33, "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4, 5,
6, AND 7," TO ESTABLISH PARKING REQUIREMENTS FOR "TRANSIT INTERMODAL
FACILITIES," AND ESTABLISHING SECTION 130-40, "BICYCLE PARKING REQUIREMENTS,"
TO ESTABLISH MINIMUM REQUIREMENTS FOR BICYCLE PARKING FOR "TRANSIT
INTERMODAL FACILITIES"; AMENDING CHAPTER 130, "OFF-STREET PARKING," ARTICLE
III, "DESIGN STANDARDS," SECTION 130-68, "COMMERCIAL AND NONCOMMERCIAL
PARKING GARAGES," ESTABLISHING REGULATIONS AND TO ALLOW FOR UP TO FIVE
STORIES IN ADDITIONAL BUILDING HEIGHT (50 FEET) SHOULD A "TRANSIT INTERMODAL
FACILITY" BE AN ACCESSORY USE TO A MAIN USE PARKING GARAGE; BY AMENDING
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," AT ARTICLE II, "DISTRICT
REGULATIONS," TO INCLUDE A "TRANSIT INTERMODAL FACILITY" WITHIN THE LIST OF
PERMITTED USES FOR THE FOLLOWING DISTRICTS: COMMERCIAL LOW INTENSITY (CD-
1), COMMERCIAL, MEDIUM DENSITY (CD-2), COMMERCIAL, HIGH INTENSITY (CD-3), CIVIC
AND GOVERNMENT USE (GU), HOSPITAL DISTRICT (HD), COMMERCIAL PERFORMANCE
STANDARD, GENERAL MIXED USE (C-PS2), NORTH BEACH TOWN CENTER CORE (TC-1),
NORTH BEACH TOWN CENTER MIXED USE (TC-2); BY ESTABLISHING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," AT ARTICLE V, "SPECIALIZED USE
REGULATIONS," DIVISION 4, "TRANSIT INTERMODAL FACILITIES," TO ESTABLISH
REGULATIONS AND PROVIDE UP TO FIVE STORIES IN ADDITIONAL HEIGHT (50 FEET)
SHOULD A "TRANSIT INTERMODAL FACILITY' THAT IS NOT ASSOCIATED WITH A MAIN
USE PARKING GARAGE BE AN INCLUDED USE WITHIN A PROPERTY OR UNIFIED
DEVELOPMENT SITE WITHIN ONE OF THE ABOVE DISTRICTS; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. 10:15 a.m. Second
Reading Public Hearing
Planning
Commissioner Ricky Arriola
ACTION: Title of the Ordinance read into the record. Item tabled indefinitely. Motion made by
Commissioner Steinberg; seconded by Commissioner Alemán to table the item; approved by
acclamation. Thomas Mooney to handle.
City Attorney Raul J. Aguila asked if R5 D could be tabled indefinitely.
Handouts and Reference Materials:
1. Ad 1254 published in The Miami Herald
2. Ad 1258 published in The Miami Herald
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 34 of 81
11:10:56 a.m.
R5 E AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE CITY OF MIAMI BEACH,
ENTITLED "ENVIRONMENT," BY AMENDING THE TITLE OF ARTICLE VI ENTITLED
"EXPANDED POLYSTYRENE SALE AND USE RESTRICTIONS," TO ADD THE WORDS "FOR
FOOD SERVICE ARTICLES," AND CREATING ARTICLE VII, TO BE ENTITLED "EXPANDED
POLYSTYRENE RESTRICTIONS FOR FLOATING DOCKS, FLOATING PLATFORMS, AND
BUOYS," TO PROVIDE REGULATIONS THEREFORE, AND TO PROVIDE FOR
ENFORCEMENT AND PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE. 10:20 a.m. Second Reading Public Hearing
Environment and Sustainability
Commissioner John Elizabeth Alemán
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4068
adopted as amended. Motion made by Commissioner Alemán; seconded by Commissioner
Steinberg. Ballot vote: 7-0. Elizabeth Wheaton to handle.
AMENDMENT:
Sec. 46-209 – Definitions
Unencapsulated expanded polystyrene means expanded polystyrene that is not completely
encapsulated or encased within a) polyurethane ethylene-vinyl acetate (EVA), b) polyethylene, c)
other comparable materials approved by and acceptable to the City’s public works department
and environmental and sustainability department, or d) that is not encapsulated or encased with a
protective covering that is warranted by the manufacturer for eight (8) years or more against
cracking, peeling, sloughing, and deterioration from ultra violet rays and physical contacts.
Commissioner Alemán stated that they made modifications on second reading regarding the fine
increases for docks, accommodating their replacement costs, and defining buoys, and lowering
the fines for buoys to something more reasonable.
Elizabeth Wheaton, Environment and Sustainability Director, distributed a recommendation to
update the definition of unencapsulated extended polystyrene, to clarify further that they are
looking for either an eight-year warranty, or select materials or materials approved by Public
Works and Environment and Sustainability. This Ordinance would help them reduce the amount of
continued impact that floating docks can have if the polystyrene is encapsulated. This will close
the loop and would be a step further in the reduction of polystyrene in the City.
Click here to view the presentation.
Handouts and Reference Materials:
1. Ad 1255 published in The Miami Herald
2. Item R5 E, Sec. 46-209. Definitions
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 35 of 81
11:13:22 a.m.
R5 F AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH,
ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV, "USES IN PUBLIC RIGHTS-OF-
WAY," BY AMENDING DIVISION 5, "SIDEWALK CAFES," BY AMENDING SUBDIVISION II,
"PERMIT," BY AMENDING SECTION 82-385, ENTITLED "MINIMUM STANDARDS, CRITERIA,
AND CONDITIONS FOR OPERATION OF SIDEWALK CAFES" TO AMEND SIDEWALK CAFE
STANDARDS AND CONDITIONS OF OPERATION FOR BUSINESSES LOCATED ON OCEAN
DRIVE BETWEEN 5TH STREET AND 15TH STREET; AND PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. 10:25 a.m. Second Reading
Public Hearing
Planning
Commissioner Ricky Arriola
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance 2017-4069
adopted. Motion made by Commissioner Arriola; seconded by Commissioner Alemán. Ballot
vote: 7-0. Thomas Mooney and Eric Carpenter to handle.
DIRECTION:
Allow an additional thirty-day (30) to renew Ocean Drive sidewalk café permits to give business
owners additional time to comply with the new design guidelines. ( City Clerk’s Note : As per email
from Nick Kallergis on January 20, 2017, the direction to delay enforcement by 30 days does not
require an amendment to the Ordinance, as it was merely direction.)
Thomas Mooney, Planning Department Director, introduced the item, which amends Chapter 82
for standards of permitting installation of umbrellas on public sidewalks and sets forth for zipping
the umbrellas and the ability to do the roll down transparent tarps, in the event of rain or wind
event. The Administration recommends adoption.
Commissioner Arriola explained that this is part of the 10-Point Plan and offered an amendment.
In conferring with many of the cafés on Ocean Drive, some of them have asked for additional
thirty-days to renew their sidewalk café permits to give them additional time to comply with the
new design guidelines, and he does not object to that.
Handouts and Reference Materials:
1. Ad 1255 published in The Miami Herald
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 36 of 81
10:36:21 a.m.
R5 G SUNSET HARBOUR HEIGHT AND SETBACK:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
"DISTRICT REGULATIONS", DIVISION 5, "CD-2, COMMERCIAL, MEDIUM-INTENSITY
DISTRICT," SECTION 142-306, "DEVELOPMENT REGULATIONS," BY AMENDING THE
SETBACKS AND MAXIMUM PERMITTED HEIGHT AND NUMBER OF STORIES FOR MIXED-
USE DEVELOPMENT IN THE SUNSET HARBOUR AREA; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY, AND AN EFFECTIVE DATE.
First Reading
Private Application
Planning
ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance fails.
Motion made by Vice-Mayor Malakoff; seconded by Commissioner Alemán. Ballot vote: 3-3;
Abstained: Mayor Levine. Opposed Commissioners Grieco, Steinberg and Rosen Gonzalez.
Thomas Mooney to handle.
Thomas Mooney, Planning Department Director, explained that this is a private application, filed
by the owner of an eligible property within the Sunset Harbour area. The matter has been
transmitted by the Planning Board with a favorable recommendation, and it proposes different
height increases within the south side of the Sunset Harbour area. Properties that need a certain
lot frontage of at least 150 feet would be allowed to go up to 90 feet for residential projects along
Purdy Avenue. It also proposes a 10-foot increase in height from 50 feet to 60 feet for those
properties along the north side of Dade Boulevard. This Ordinance was scheduled to come before
the City Commission on first reading on December 14, 2016, but it was continued at the request of
the applicant. At that time, the Administration expressed concerns with regard to the lack of
adequate massing studies, along with a concern with Code language not being broad enough to
be able to accommodate future projects, in terms of limiting the massing of the portion of the
building that is proposed to go above 50 feet in height. Since then, the private applicant has
agreed to revise the language of the Ordinance, and have submitted changes that are
incorporated into the Ordinance. The Administration is in support of this item. Now there is
language that requires that the maximum footprint of allowable residential floor above 50 feet in
height, shall not exceed 40% of the size of the lot; the reason is because this applicant has a
certain design vision for the project, but the Ordinance is not project-specific. If he were to require
additional land, or was to sell the property, and a different developer came in with maybe a
different vision, the Administration believes that a limitation of 40% on the foreplay would ensure
not having a 90 foot building taking up the entire property in the future, should additional land be
aggregated or there being a different developer.
Graham Penn, Esq., introduced the item and stated that the Ordinance proposes some changes
in the Sunset Harbour neighborhood, to encourage additional mixed-use development. They have
communicated this to the City Commission over time, have been working with the overall
neighborhood for a long time, and have been active in settlement negotiations with The Lofts at
South Beach, their neighbors to the South, as well as Beach Towing, their neighbors to the
southeast. They have an upcoming mediation and hope to settle finally with the issues with their
neighbors. Part of the settlement involves suggested changes to the building. They made
significant revisions to the Ordinance, and the package in front has limited footprint of any building
that uses either of the two height bonuses; one applies to large assemblies on Purdy and the
other one applies to any land on Dade Boulevard that is CD-2. Sunset Harbour has been
recognized as a unique area for the last 15 years or so, when the City actively began to
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 37 of 81
encourage residential development, turning this neighborhood into a residential mixed-use
community. He urged approval on first reading.
PowerPoint shown .
Vice-Mayor Malakoff asked if there was agreement to the 40% floor plan. Mr. Penn stated that
they worked that out with the Administration, and that is why they are in support of the item.
Rafael Andrade, Esq., on behalf of Beach Towing, corrected Mr. Penn’s comments regarding
negotiations. The negotiations are over; his client will no longer meet with the applicant. They
were dealt with in bad faith and negotiations are over. He does not know if The Lofts folks would
have an opportunity to speak, but they no longer desire to meet with them for the same reason.
He encouraged the City Commission to keep the eye on the ball. This is not about approving a
project; this Ordinance is for the developer asking for something that he does not have otherwise;
the reason they are asking for additional height, is not for legitimate planning reasons, but to
maximize their dollars. The quality life of residents in that neighborhood and in The Lofts would be
sacrificed. He encouraged voting the Ordinance down on first reading.
Nicholas Machado, President, The Loft South Beach, confirmed what Mr. Andrade said; they are
tired; it has been over a year and negotiations have not been dealt with in good faith. They asked
that the City Commission reject the amendment.
Vice-Mayor Malakoff stated that this item is not a public hearing.
Marilyn Freudlich stated that this would be good for Sunset Harbour; it would allow them to
develop the neighborhood, rather than still being warehouses. The company could develop this
property under today’s guidelines, and it would be another Home Depot type box. They have the
opportunity to have other companies come in and make something iconic for this area, something
in the entrance of the neighborhood that is not massive. She asked why any developer has to feel
they need to give money to build something. If they have the right and the City Commission feels
that what they are doing is correct, why do they have to give money to other people to do it?
Juan Placensia, resident at The Loft, is against going over the 50-foot restriction.
Vice-Mayor Malakoff is in favor of this project. The Planning Board reviewed it and sent it to the
City Commission with a favorable recommendation. What could be built here would be a box
under the current height limits; what is being proposed is only 15 residential units. She does not
think it will increase traffic or density; it could be 30-50 units, and the design is good. It will be a
benefit to the neighborhood. She recommended moving the item. At second reading, if agreed,
they will have a chance to see if in fact there have been successful negotiations.
Commissioner Rosen Gonzalez stated that she received threatening emails from homeowner
associations (HOAs) if she voted against this project; however, she is philosophically opposed to
height increases, as they were designed to maintain a low density. The City does not owe people
a return on investment. She is against large, dense structures obstructing views; that is why they
have height restrictions in place. Furthermore, the DRB should not be allowing big boxes built in
these neighborhoods. She will vote no and hopes in good faith that the Land Use boards do not
allow boxes to be built in the neighborhood. If a developer overpays for a certain property and
then has to build a certain amount to make a profit that justifies the project that is not her fault.
She does not want to be threatened or feel guilty because her philosophy. She just wants to do
the right thing.
Moved and seconded.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 38 of 81
Commissioner Alemán stated this is a project that is not a big box; the future owner could build a
big box on the site, but this is not one of those items. She will vote in support on first reading, and
between first and second reading, she encouraged the parties to see if they could come to an
agreement.
Commissioner Grieco stated that there is a history on Sunset Harbour; he recollects that in 2012,
there was a similar Ordinance adopted, then another Ordinance was passed in 2014; those
Ordinances involved leaving parking requirements to encourage a certain type of development.
He read the 2012 Ordinance into the record: “ Whereas: it is desirable to lessen the intensity of the
uses in this area in order to provide uses that are compatible with the residential aspect of the
neighborhood; and Whereas the purpose of this regulation is to provide incentives for low scale,
neighborhood friendly development, where people in commerce can exist side by side for a better
quality of life to the residents of the area. This legislation passed a 7-0 vote and talked about
relieving parking requirements for any project that was low scale and less than 10,000 square
feet. In 2014, they passed a similar parking District Number 5 Ordinance encouraging the same
type of development. This was the theory behind what everybody was embracing unanimously
about Sunset Harbor until a year ago, when these folks aggregated property and wanted to do a
bigger project. This is important because if you have a building in excess of 10,000 square feet,
you have to provide for onsite parking. Threatening to build a big box is threatening to do the
impossible. You cannot do it legally, because right now there is a deed restriction on the property
regarding having onsite parking. Therefore, the threat to do any sort of big box project there is an
empty threat. He has been independently observing what has been going on in the court case
between the towing company and these folks regarding that deed restriction, and as of today, that
deed restriction is still in place. Anything in excess of 10,000 square feet would have to have
parking onsite. There is only one developer and one property owner that could reap the benefits of
this Ordinance; it is a project specific vote and he does not believe in this; that is the reason the
City has Land Use boards.
Vice-Mayor Malakoff stated that the Planning Board approve and sent it to the City Commission.
Handouts and Reference Materials:
1. Form 8B signed by Mayor Levine, Form No. 130
11:15:32 a.m.
R5 H AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 82, ENTITLED "PUBLIC PROPERTY", AT DIVISION V,
ENTITLED "SIDEWALK CAFES," AT SECTION 82-383, RELATING TO PERMIT FEES AND
PENALTIES; TO REQUIRE PRE-PAYMENT, PRIOR PAYMENT OF THE ANNUAL SIDEWALK
CAFE PERMIT FEE; AND ELIMINATING THE ABILITY TO PAY IN TWO ANNUAL
INSTALLMENTS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE. First Reading
Public Works
Commissioner Ricky Arriola
ACTION: Title of the Ordinance read into the record. Ordinance deferred on first reading with
recommendation. Motion made by acclamation to defer the item to the January 25, 2017
Presentation and Awards Commission. Lilia Cardillo to place on the Commission Agenda, if
received. Eric Carpenter to handle.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 39 of 81
RECOMMENDATION:
Review annual permit fees upon 1.5% CPI
Bring back on second first reading at the January 25, 2017 Presentation & Awards/Commission
Meeting.
Commissioner Arriola stated that this item is requested on behalf of staff. The item was discussed
at the Finance & Citywide Projects Committee and explained that the new system does not allow
for split payments and is consuming additional staff. This is a request from staff not to have partial
payments.
Vice-Mayor Malakoff referred to Page 455, Section (e), having to do with the CPI. The CPI index
from year to year moves very little unless there are huge inflationary times. The way this works in
reviewing the annual permit fee is only going to be reviewed if the CPI goes up 5% or greater. She
believes this is too high, and suggested 1.5%, as CPI’s do not go up that much.
Commissioner Steinberg asked what the average rate of the CPI increase.
Discussion held.
Vice-Mayor Malakoff is recommending 1.5% CPI.
City Attorney Raul J. Aguila pointed out that if the amendment is approved, because the
Ordinance was only advertised relating to the pre-payment issue, they would need an additional
first reading in order to incorporate the split payment requirement, and therefore, an additional
noticing requirement.
Commissioner Alemán asked if this affects the renewal of all the café permits.
Commissioner Arriola suggested accepting partial payments until the Ordinance is adopted.
City Clerk Granado stated that first reading could be held on January 25, 2017, and it would not
affect the February 8, 2017 Second reading date.
Michael Llorente, Esq., representing Lincoln Road BID, stated that if permit or sidewalk café
permit fee is in excess of $20,000, there is an option of paying it all at once or making two
installment payments. The City’s new software for permitting system has limitations, and is unable
to accept installment of payments. When fees are $20,000 to $30,000, it is a big deal. They would
respectfully ask the City to consider not placing the burden on the business owners, and not
making them pay for the limitations of a permitting system, and perhaps go back to the vendor to
come up with a mechanism to accept payments.
Discussion held.
Jimmy L. Morales, City Manager, stated that there are 199 sidewalk cafés in the City, and only 25
of them avail themselves of this, and on average six of them are late every time for their second
payments.
Discussion held regarding exemptions.
Daniel Ciraldo is concerned with landowners being at a disadvantage.
Motion made to defer the item to January 25, 2017 with the recommendations.
Discussion continued.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 40 of 81
Jay Fink, Assistant Public Works Director, clarified that the current system does not allow partial
payments; this means that staff is taking the automation out of it, and is now is put back in the
human element in order to track it, bill and collect. From experience, those that are making partial
payments opted out halfway through the year and close the cafés. The cost per square foot cost
of the sidewalk café it is $20. They have to research to see it has changed. The sidewalk cafés
fees range from $1,200 up to $40,000 as far as the square footage.
Mayor Levine suggested deferring the item by acclamation to the January 25, 2017.
11:23:23 a.m.
SUPPLEMENTAL MATERIAL: MEMORANDUM & ORDINANCE
R5 I AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 66 OF THE CODE OF THE CITY OF MIAMI BEACH,
ENTITLED "MARINE STRUCTURES, FACILITIES AND VEHICLES," BY AMENDING ARTICLE
IV, ENTITLED "VESSELS," BY CREATING SECTION 66-155 THEREOF TO BE ENTITLED
"PROHIBITION OF ADVERTISING SIGNS ON VESSELS," WHICH PROHIBITS THE
OPERATION OF AN ADVERTISING VESSEL UPON THE TERRITORIAL JURISDICTIONAL
WATERS OF THE CITY; BY ESTABLISHING PENALTIES; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. First Reading
Office of the City Attorney
Commissioner Michael Grieco
ACTION: Title of the Ordinance read into the record. Ordinance adopted on first reading.
Motion made by Commissioner Grieco; seconded by Commissioner Alemán. Ballot vote: 7-0.
Second Reading Public Hearing scheduled for February 8, 2017. Rafael E. Granado to notice.
Lilia Cardillo to place on the Commission Agenda, if received. Hernan Cardeno and Chief Oates
to handle.
Aleksandr Boksner, Deputy City Attorney, introduced the item, which is meant to address what the
City has found to be an issue with vessels on City waters engaging in general advertising. Code
Compliance has taken enforcement actions, but there is a direct Ordinance that is applicable to
this conduct. The Ordinance prohibits illegal general advertising utilizing a vessel, and institutes a
penalty for first offense of $1,000 fine; a penalty for second offense of $2,000; third offense of
$3,000 and $5,000 thereafter for subsequent offense. There are criteria set forth within the
Ordinance that would allow Code Enforcement Officers to apply those criteria to identify if vessels
are engaged in the advertising within the prohibited area. There are two provisions within the
Ordinance that allow a vessel to engage in advertising, one of which is boaters located east of the
erosion control line, essentially along the beach, and one other exemption is for a business owner
whose name is on the vessel and is not engaged in general advertising. He will identify definitions
along with the enforcement authority, which will be Miami Beach Police Department with Code
Enforcement.
Mayor Levine stated this is a great idea, and asked if they could do more regarding tour boats that
come in close to the homes. Office of the City Attorney to handle.
Mr. Boksner will look into that and address whether or not the City has the ability to regulate.
There are issues that they discovered regarding the regulation of vessels, so he will be happy to
look into and see if there are viable options for the City to do. In answering Commissioner
Steinberg, he explained that this is not an issue of Federal pre-emption.
Discussion held regarding the need for additional marine patrol vessel.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 41 of 81
Alex Perez, representing Adam Shapiro, CEO & President, on behalf of Ballyhoo Media,
explained that Ballyhoo Media is a local business, it is a 58-foot vessel with a large display
screens on four sides; the purpose of this vessel is to give local and interstate business with a
revolutionary platform to advertise to the beachgoers and the public. Today he is here to raise
jurisdictional challenges to this Ordinance. Florida Statute §327.60 prohibits municipalities from
regulating vessels on intracoastal waterway. The Ordinance limits its application and excludes
regulation east of the erosion control line, so he does not understand how this legislation has
jurisdiction to regulate vessels, when the Federal Government has the supreme and pre-empted
authority to regulate navigable waters. He is concerned whether there is a legitimate police power
based on aesthetics to regulate economic and speech activity on navigable waters. For this
reason, he implored this Commission to pull this matter for a public hearing to ascertain whether
local businesses are in favor and if the City Attorney could provide a legal analysis based on this
Ordinance.
Mayor Levine stated that this would be discussed further on second reading.
Moved by Commissioner Grieco; seconded by Commissioner Alemán. Vote taken.
Handouts or Reference Materials:
1. Speakers List – Alex Perez, Bullyhood media
R7 - Resolutions
2:01:51 p.m.
ADDENDUM MATERIAL 1
R7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, FOLLOWING A DULY ADVERTISED PUBLIC HEARING, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE, AND
WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT,
SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, BETWEEN THE CITY
AND THE MIAMI BEACH REDEVELOPMENT AGENCY (COLLECTIVELY, LANDLORD) AND
THE MIAMI BEACH CHAMBER OF COMMERCE (TENANT), FOR THE USE OF
APPROXIMATELY 935 SQUARE FEET OF CITY-OWNED PROPERTY (PREMISES), LOCATED
AT 530 17TH STREET, MIAMI BEACH, FLORIDA, FOR A PERIOD OF TWO (2) YEARS AND
TWENTY-FIVE (25) DAYS, COMMENCING RETROACTIVELY ON DECEMBER 7, 2016 AND
ENDING ON DECEMBER 31, 2018. JOINT REDEVELOPMENT AGENCY AND CITY
COMMISSION
11:30 a.m. Public Hearing
Item R7 A (Public Hearing) will be heard at 2:00 p.m. with its RDA companion item .
Tourism, Culture and Economic Development
ACTION: Title of the Resolution read into the record. Item heard in conjunction with RDA 1.
Public hearing held. Resolution 2017-29715 adopted. Motion made by Commissioner Rosen
Gonzalez; seconded by Commissioner Arriola; Voice vote: 7-0. Eva Silverstein and Mark
Milisits to handle.
City Clerk’s Note: See also Companion Item RDA 1.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 42 of 81
Mark Milisits, Asset Manager/Office of Real Estate, introduced the item. This item is regarding a
new lease with the Miami Beach Chamber of Commerce for its Visitor Center; they have been
displaced from the Miami Beach Convention Center due to the renovation. The Chamber asked
the City to provide alternate space. The City identified a portion of the former Oolite Restaurant
space at the Penn Garage. The space is approximately 900 square feet. The lease is for
approximately two years, retroactively to December 7, 2016 and ending December 31, 2018. The
rent is $1.00 per year. The portion of the Chamber’s space has already been demised, at a cost of
$13,000. The Chamber will accept the space in “as is” condition. The Chamber will perform any
other improvements they need at their costs. The City retains a termination option; the City
Manager can terminate the lease at any time with 90 days’ notice to the tenant. In addition to that
use for the space, the Office of Housing and Community Services also requires spaces and the
Administration discussed the use of a portion of the Oolite space for the Youth Program
administered by the Office of Housing. This item was discussed a Finance & Citywide Projects
Committee on December 16, 2016. The Finance & Citywide Projects Committee recommended in
favor of the new lease agreement with the Chamber of Commerce and was in favor of providing
space to the Office of Community Services Youth Program on a temporary basis while the City
procures the services of a broker to market the space on the City’s behalf. The Administration is in
agreement with Finance & Citywide Projects Committee’s recommendation.
Mayor Levine asked in anyone from the public wanted to speak.
No one from the public indicated a desire to speak on the item.
The public hearing closed by Vice-Mayor Malakoff.
Motion to approve the item was made by Vice-Mayor Malakoff. No second offered.
Commissioner Rosen Gonzalez stated that she is support of the Chamber utilizing the space. She
stated that it is a very large space, and it has been empty for a long time, and she wonders why
the City cannot rent out the space. It is such a prime location. Maybe what needs to be done is go
and do infrastructure work and then lease it out again. For example, repurpose one of the spaces
for a restaurant; make it viable. Instead of having a massive space, the City should retain an
architect, make an investment, and lease out the space.
Mr. Milisits stated that when the space became available, after Oolite vacated, the City utilized
Koniver Stern to market the space for the City. Koniver Stern was providing the services free of
charge, because they represented the previous tenant and earned a commission of which the City
did not get the benefit. Koniver Stern had it on the market for approximately one or two months,
and then the City needed the space for its Munis training, so the City was using the space
internally. Now, at the direction of the Finance & Citywide Projects Committee, the City will again
utilize Koniver Stern to market the space. Probably identify multiple tenants, demise the space
into two or three different users as opposed to a single large space.
Commissioner Rosen Gonzalez inquired how her colleagues feel about contracting an architect to
draw something up and taking this large space and making into several spaces that the City could
lease out and generate a profit. It is a great space and should be leased out.
Commissioner Arriola stated that said option was discussed at the Finance & Citywide Projects
Committee.
Commissioner Alemán suggested that a tenant should first be identified.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 43 of 81
Commissioner Arriola stated that at the Finance & Citywide Projects Committee they even
discussed finding a new broker to market the space.
Mayor Levine stated that for retail space, a great deal of times the landlord is inclined to subdivide
the space to make it more viable, and a tenant walks in and wants the entire space, and the
landlord has spent the money doing it. The City could take that action in coordination with finding
the right tenants.
Commissioner Rosen Gonzalez requested that as the Administration markets the property, to
indicate that the City has a willingness to subdivide the space.
There was consensus to market it with a willingness to subdivide the space.
Vice-Mayor Malakoff explained that at the Finance & Citywide Projects Committee, the
Administration had been given that direction.
Mark Milisits stated that they would advertise the space, which could be subdivided. The Finance
& Citywide Projects Committee had indicated that it was their preference for the Administration to
subdivide the space into at least two and maybe three users or more, depending on the type of
activity.
Commissioner Alemán stated that there are some other entities, besides the Chambers, that the
City provides leases for $1 a year; it is not about the money it is about the relationship.
Commissioner Alemán asked for which organizations that is done.
Mr. Milisits responded that for example, it is done for the VCA and State Representative
Richardson at the 1701 Building and County Commissioner Bruno Barreiro at City Hall.
Motion to approve the by Commissioner Rosen Gonzalez; seconded by Commissioner Arriola.
Handouts or Reference Materials:
1. Ad 1255 published in The Miami Herald
11:31:06 a.m.
11:37:01 a.m.
R7 B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING, BY 5/7TH VOTE, FOLLOWING A DULY NOTICED PUBLIC HEARING,
THE PLACEMENT OF A COMMEMORATIVE PLAQUE AT THE BELLE ISLE PARK FLAG POLE
IN HONOR OF THE HEROIC MEN AND WOMEN IN THE ARMED FORCES AND FIRST
RESPONDERS FOR THEIR SERVICE. 11:35 a.m. Public Hearing
Parks and Recreation
Commissioner John Elizabeth Alemán
ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution 2017-
29716 adopted. Motion made by Commissioner Alemán; seconded by Vice-Mayor Malakoff;
Voice vote: 7-0. John Rebar to handle.
Commissioner Alemán stated that the residents of Miami Beach have placed a flagpole at Belle
Isle Park, and the Belle Isle Residents Association requested that the City add to that a memorial
plaque honoring the heroic men and women of Miami Beach that have served with Police and Fire
Departments, emergency responders, and the military. The cost of such a plaque is less than
After Action January 11, 2017 Commission Meeting City of Miami Beach
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$1,400, and the Neighborhood/Community Affairs Committee and this Commission favorably
considered it previously.
Mayor Levine stated that it was a great idea.
Mayor Levine asked in anyone from the public wanted to speak.
No one from the public indicated a desire to speak on the item.
Commissioner Alemán moved the item, and invited everyone, if the item passes, to attend the
inaugural flag rising on January 21, 2016 at 10:00 a.m. Item seconded by Commissioner
Steinberg.
City Attorney Aguila stated that this item requires a 5/7 vote.
Rafael E. Granado, City Clerk, announced that the public hearing for this item is scheduled for
11:35 a.m., and it is only 11:31 a.m.; the City Clerk requested that the public hearing on this item
reconvene at 11:35 a.m.
11:36:01 a.m.
Vote on R7 B taken. Approved: 7-0.
Handouts or Reference Materials:
1. Ad 1255 published in The Miami Herald
11:45:54 a.m.
SUPPLEMENTAL MATERIAL 1: MEMORANDUM
R7 C A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ADOPTING THE SECOND AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL
YEAR 2016/17. 11:45 a.m. Public Hearing
Budget and Performance Improvement
ACTION: Title of the Resolution read into the record. Public Hearing held. Resolution 2017-
29717 adopted. Motion made by Commissioner Alemán; seconded by Vice-Mayor Malakoff;
Voice vote: 7-0. Cintya G. Ramos to handle.
Cintya G. Ramos, Budget and Performance Improvement Director, introduced the item. This is the
Second Amendment to the Capital Budget for Fiscal Year 2016/17, which totals in increase of
$7.8 million; it re-appropriates $431,164 for 14 different projects, which are listed in the agenda.
This amendment will be funded through the following funds: Art in Public Places, the RDA City
Center Project, Parking Operations, the line of credit for water and sewer and Stormwater, the
RDA Garage Fund and the Capital Reserve Fund. We would also like to revise the language for
the Sunset Harbour Pump Station upgrade, which is project number 8, to cover only the
landscaping and permanent emergency generators to pump stations 2 and 3.
City Manager Jimmy L. Morales stated that most of these are projects that over the last couple of
months the City Commission has approved. For instance, the FDOT utility relocations and the
design work on Alton Road, which came up at the last meeting; the direction in Biscayne Beach
for the fire hydrants and garage; the approval of the redundant force main and the work around
the Convention Center for Stormwater; the additional funding for Muss Park; and the seawall
work. Most of these reflect projects that the City Commission has identified. Another one is the Art
in Public Places money for the Convention Center, now that the City is starting to order the
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artwork and do the work; the City has to pay fees to the County for their management of that
process. These funding changes are all toward previously approved projects.
Mayor Levine asked in anyone from the public wanted to speak.
No one from the public indicated a desire to speak on the item.
Commissioner Alemán moved to close the public hearing.
Motion to approve the item by Commissioner Alemán; seconded by Vice-Mayor Malakoff.
Handouts or Reference Materials:
1. Ad 1259 published in The Miami Herald
11:32:31 p.m.
SUPPLEMENTAL MATERIAL 1: RESOLUTION & DRAFT POLICY & PLAN
R7 D A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ADOPTING, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS
RESOLUTION, THE TITLE VI PROGRAM AND RELATED NONDISCRIMINATION POLICY AND
PLAN (TITLE VI PROGRAM PLAN), AS AMENDED, SUPPLEMENTING THE EXISTING TITLE
VI PROGRAM PLAN, BY EXPANDING ITS APPLICATION TO ALL CITYWIDE SERVICES
(INSTEAD OF JUST TRANSPORTATION); AND FURTHER AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO MAKE SUCH FURTHER MODIFICATIONS TO THE TITLE
VI PROGRAM PLAN AS MAY BE REQUIRED BY THE APPLICABLE FEDERAL AND STATE
GOVERNMENTAL AGENCIES WHICH OVERSEE THE FEDERAL ASSISTANCE PROGRAMS
IN WHICH THE CITY PARTICIPATES.
Transportation
ACTION : Resolution No. 2017-29718 adopted. Motion made by Commissioner Rosen
Gonzalez; seconded by Vice-Mayor Malakoff; Voice Vote: 7-0. Jose Gonzalez to handle.
Jose Gonzalez, Transportation Director, introduced the item. This Resolution adopts a Title VI,
Nondiscrimination Program Plan for all City services, activities and programs. Currently the City
has an adopted Title VI Program; however, it is specific to our trolley services only. As part of the
recertification process to remain eligible for Federal funding, FDOT opined that the City needs to
have a Title VI Program Plan that is all encompassing for all City services, programs and
activities. Adoption of this plan is required to remain eligible for Federal funds.
After Action January 11, 2017 Commission Meeting City of Miami Beach
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11:33:39 a.m.
R7 E A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE OFFICES OF THE CITY MANAGER AND CITY ATTORNEY TO
WORK WITH THE STEERING COMMITTEE OF THE WASHINGTON AVENUE PROPERTY
OWNERS, FOR THE PURPOSE OF ESTABLISHING A SPECIAL ASSESSMENT DISTRICT,
PURSUANT TO CHAPTER 170, FLORIDA STATUTES, TO STABILIZE AND IMPROVE THE
WASHINGTON AVENUE RETAIL BUSINESS DISTRICT, WHICH IS LOCATED WITHIN A
NATIONALLY RECOGNIZED HISTORIC DISTRICT, THROUGH PROMOTION, MANAGEMENT,
MARKETING, AND OTHER SIMILAR SERVICES.
Office of the City Attorney
Commissioner Michael Grieco
ACTION : Resolution No. 2017-29719 adopted. Motion made by Commissioner Grieco;
seconded by Commissioner Alemán; Voice Vote: 7-0. Office of the City Attorney and Jeff Oris
to handle.
Raul J. Aguila, City Attorney, introduced the item. This is to give the go ahead to start working
with the Washington Avenue Property Owners for the creation of the Special Assessment District
on Washington Avenue.
Handouts or Reference Materials:
1. Email from Frank Del Vecchio dated January 5, 2017, RE: Jan. 11 Comm’n Agenda Item R7E,
Washington Avenue Special Assessment District.
1:31:23 p.m.
R7 F A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, REAFFIRMING THE CITY'S POLICIES OF NONDISCRIMINATION AND INCLUSION,
CREATING A SAFE SPACE PROGRAM FOR BUSINESSES AND OTHER ORGANIZATIONS IN
THE CITY TO DEMONSTRATE THEIR COMMITMENT TO THE SAFETY AND EQUAL
TREATMENT OF MEMBERS OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER,
AND QUESTIONING ("LGBTQ") COMMUNITY, AND DIRECTING THE POLICE DEPARTMENT
TO CONDUCT OUTREACH EFFORTS TO PROMOTE THE SAFE SPACE PROGRAM.
Police Department/Office of the City Attorney
Commissioner Michael Grieco
ACTION : Resolution No. 2017-29720 adopted. Motion made by Commissioner Grieco;
seconded by Commissioner Steinberg; Voice Vote: 7-0. Chief Oates and Office of the City
Attorney to handle.
Commissioner Grieco introduced the item. A couple of cities throughout the country, specifically
Seattle and recently Orlando, have taken on a similar project and he is excited about Miami Beach
joining this effort. Ever since the Orlando Pulse Nightclub shooting, there has been a great deal of
attention to not just crime, but harassment and bullying as it applies to the LGBTQ community.
Commissioner Grieco recently attended a lunch, where our U.S. Attorney stated that over the last
year, regardless as to the cause of it, there has been an exponential increase in hate crimes and
hate speech as it applies to the LGBTQ community. Commissioner Grieco thought that Miami
Beach would be a perfect place to roll out the same program that is being done in Orlando. What
Miami Beach will do, with the support of his colleagues, is to engage the business community to
participate in what we are calling the Safe Place Program. Commissioner Grieco has met with the
Police Chief, several of the Police Command Staff, SAVE Dade, and the Miami Beach Chamber
of Commerce. What the program entails is having businesses sign a one-page letter of
understanding with the City of Miami Beach that they will act as a safe place for any member of
After Action January 11, 2017 Commission Meeting City of Miami Beach
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the LGBTQ community who needs a safe place to go, whether it be protection from harassment,
from bullying or from actual criminal behavior. These locations would be a safe place where the
LGBTQ community could call 911 and they could be behind the counter or in a back office, or
whatever the case may be. Commissioner Grieco knows individuals from the LGBTQ community
who have been victims of bullying and harassment over the last six months, and that has never
happened before - and it has happened in the City of Miami Beach. Commissioner Grieco does
not want to see something happen; he wants our folks to feel safe. During the last Pride event, the
City set a similar program in place for that weekend, but Commissioner Grieco thinks that this is
something that could be done on a perpetual basis here in the City of Miami Beach.
Former Commissioner Jerry Libbin, President and CEO of the Miami Beach Chamber of
Commerce, stated that the Chamber had this presentation at their Board meeting this week, and it
makes all the sense in the world. He handed out copies of the motion that the Chamber passed
out unanimously. Not only does the Chamber urge the City Commission to support this initiative,
but the Chamber will be happy to work with the City to get those flyers out or help business
understand what it is to post the notices and be responsible for providing an area where someone
could have a safe space. The Chamber will sing up first to be one of those spaces.
Tony Lima, Executive Director of SAVE Dade, urged the City Commission to support this initiative.
It is fantastic for the City Miami Beach; the City is setting the example for the rest of Miami-Dade
County and the State. He is sure the City Commission will support it, as the City Commission is
composed of incredible leaders when it comes to equality.
Commissioner Grieco stated that what has been created is about the size of an iPhone, it is a
sticker with a rainbow flag, with the City and Police Department’s logos logo; and it spells out the
protections for the LGBTQ community previously described.
Police Chief Oates congratulated Commissioner Grieco. The program will be easily implemented
by the Police Department; they will have to do basic training in the establishments that agree to do
this. The Police Department is standing ready; they have spoken to the Chamber of Commerce
and the Gay Chamber of Commerce and it will relatively easy for this program to be implemented
by the Police Department. It will be a comfort to the community, and very helpful.
Tonya Daniels presented the sticker that will go on each of the windows in the business
establishments that agree to participate.
Commissioner Grieco thanked the Communications Department, Officer Juan Sanchez, Nick
Rodriguez and Nick Kallergis, from the Office of the City Attorney; they put this initiative together
in less than a month to ensure that we start 2017 right.
Commissioner Steinberg stated that this is a wonderful thing, which as a City, we can stand
behind. She is happy to support this.
Item moved for approval by Commissioner Grieco; seconded by Commissioner Steinberg.
Mayor Levine thanked Tony Lima for coming to the meeting.
Handouts or Reference Materials:
1. Letter dated January 10, 2017 from Jerry Libbin, President & CEO, Miami Beach Chamber of
Commerce, urging the City Commission to adopt and support this resolution creating a Safe Space
Program.
After Action January 11, 2017 Commission Meeting City of Miami Beach
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11:34:11 a.m.
R7 G A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, CONSENTING TO THE APPOINTMENT OF EVA SILVERSTEIN AS THE DIRECTOR
FOR THE TOURISM, CULTURE AND ECONOMIC DEVELOPMENT DEPARTMENT OF THE
CITY OF MIAMI BEACH.
Human Resources
ACTION : Resolution No. 2017-29721 adopted. Motion made by Commissioner Arriola;
seconded by Commissioner Grieco; Voice Vote: 7-0. Michael Smith to handle.
City Manager Morales stated that a few months ago Max Sklar, who for many years served in the
capacity of Tourism, Culture and Economic Development Director decided to pursue the private
sector. Recognizing that in a City like Miami Beach, where tourism, culture and economy is so
critical, we did a broad look both internally and externally. We have found many very good
candidates and we are very fortunate that Eva Silverstein put herself forward.
Ms. Silverstein did a phenomenal job as the Director of Development at the Miami City Ballet. She
has a long history in the world of culture, as a performer, and founder/CEO of organizations from
major dance companies in New York to her work here.
Ms. Silverstein brings a tremendous amount of energy, knows this community well, and was the
top choice across the board by everyone who interviewed her.
City Manager Morales presented Ms. Silverstein for ratification as the new director for Tourism,
Culture and Economic Development.
Commissioner Arriola stated that he had the pleasure of working for many years together with Ms.
Silverstein at the Arsht Center, where she continued to advance her career, get promoted, was
loved by all, and her work was really top notch.
Eva Silverstein thanked everyone for the opportunity to support the City’s team and to serve as an
advocate and ambassador for the world class City of Miami Beach.
Mayor Levine stated that most importantly, the number one thing that she needs to help us with is
the U.S. Conference of Mayors. Clerk’s Note: The 85th Annual Meeting, of the U.S. Conference
of Mayor is June 23-26, 2017 (Friday-Monday) in Miami Beach.
Eva responded to the Mayor, saying she will see him in D.C. Clerk’s Note : the 85 th Annual Winter
Meeting of the U.S. Conference of Mayors is in Washington, D.C. from January 17-19).
R7 H A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, URGING THE FLORIDA LEGISLATURE TO REQUIRE INSURANCE COMPANIES
TO OFFER PROPERTY INSURANCE PRODUCTS THAT ADDRESS SEA LEVEL RISE AND
INCENTIVIZE GREEN MEASURES THAT MITIGATE THE RISKS RELATED TO CLIMATE
CHANGE AND FLOODING.
Office of the City Attorney
Commissioner Kristen Rosen Gonzalez
ACTION : Item deferred to the February 8, 2017 Commission Meeting. Lilia Cardillo to place on
the Commission Agenda, if received. Office of the City Attorney to handle.
After Action January 11, 2017 Commission Meeting City of Miami Beach
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10:00:00 a.m.
NEW ITEM
R7 I A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, CONSENTING TO THE APPOINTMENT OF JOHN WOODRUFF AS CHIEF
FINANCIAL OFFICER FOR THE CITY OF MIAMI BEACH.
Office of the City Manager
ACTION: Discussion held in conjunction with Item R9 L. Resolution 2017-29722 adopted.
Motion made by Commissioner Grieco; seconded by Vice-Mayor Malakoff to ratify hiring Financial
Director John Woodward; Voice vote: 7-0. Michael Smith to handle.
R9 - New Business and Commission Requests
R9 A BOARD AND COMMITTEE APPOINTMENTS.
Office of the City Clerk
ACTION: The following appointments, reappointments and changes were made:
AFFORDABLE HOUSING ADVISORY COMMITTEE
David B. Smith TE: 12.31.18 TL: 12.31.20 Reappointed by City Commission
(Banking or mortgage industry in connection with affordable housing
ART IN PUBLIC PLACES COMMITTEE
Alpesh K. Patel TE: 12.31.18 TL: 12.31.22 Appointed by City Commission
Cathy A. Byrd TE: 12.31.18 TL: 12.31.19 Reappointed by City Commission
Michael McManus TE: 12.31.18 TL: 12.31.22 Appointed by City Commission
Janda Wetherington - Concluded
BOARD OF ADJUSTMENT
Richard Segal TE: 12.31.18 TL 12.31.21 Reappointed by City Commission
(Law profession licensed in the State of Florida)
BUDGET ADVISORY COMMITTEE
Marc A. Gidney. CPA TE: 12.31.18 TL: 12.31.22 Appointed by City Commission
HEALTH ADVISORY COMMITTEE
Dr. Mark L. Rabinowitz TE: 12.31.18 Reappointed by City Commission
(CEO, MB Community Health)
Dr. Steven Sonenreich TE: 12.31.18
(CEO, Mt. Sinai Medical Center (NTL)) Reappointed by City Commission
HISTORIC PRESERVATION BOARD
Scott A. Needleman TE: 12.31.18 TL: 12.31.20 Reappointed by City Commission
(MDPL)
HOUSING AUTHORITY
Mojdeh Khaghan TE: 10.11.20 Appointed by Mayor Levine
(Housing Commissioner) Ratified by City Commission
Peter Chevalier – Conclude Letter
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 50 of 81
HUMAN RIGHTS COMMITTEE
Erin Gaskin TE: 12.31.17 TL: 12.31.24 Appointed by Mayor Levine
Ken Schwartz TE: 12.31.18 TL: 12.31.22 Appointed b y City Commission
(Law Position to serve as Chair)
Jesse Fleet, At Large TE: 12.31.18 TL: 12.31.22 Appointed by City Commission
Rachel J. Umlas TE: 12.31.18 TL: 12.31.18 Reappointed by City Commission
(At Large)
MARINE AND WATERFRONT PROTECTION AUTHORITY
Daniel Kipnis TE: 12.31.17 TL: 12.31.22 Reappointed by Commissioner Rosen Gonzalez
Robert Schwartz TE: 12.31.18 TL: 12.31.21 Reappointed by Commissioner Malakoff
Sasha Boulanger TE: 12.31.18 TL: 12.31.18 Reappointed by Commissioner Alemán
Robert Rabinowitz - Resigned
MIAMI BEACH COMMISSION FOR WOMEN
Laurie Kaye Davis TE: 12.31.18 TL: 12.31.21 Reappointed by Mayor Levine
Wendy Unger TE: 12.31.18 TL: 12.31.24 Appointed by Commissioner Malakoff
Kathy Andersen - Resigned
PARKS AND RECREATIONAL FACILITIES BOARD
Lee Zimmerman TE: 12.31.18 TL: 12.31.21 Reappointed by Commissioner Malakoff
PRODUCTION INDUSTRY COUNCIL
Daniel Davidson TE: 12.31.18 TL: 12.31.21 Reappointed by Commissioner Grieco
(Fashion)
SUSTAINABILITY COMMITTEE
Cheryl Jacobs TE: 12.31.18 TL: 12.31.21 Reappointed by Commissioner Malakoff
TRANSPORTATION, PARKING, BICYCLE-PEDESTRIAN FACILITIES COMMITTEE
Madeleine Romanello TE: 12.31.18 Reappointed by MBCC
LIAISON APPOINTMENTS
Convention Center Advisory Committee: Eva Silverstein
Design Review Board: James Murphy
Health Facilities Authority Board: John Woodruff
Human Rights Committee: Lana Hernandez
Marine & Waterfront Protection Authority: Rianne Thomas
TE: Term Ending
TL: Term Limit
1:51:54 p.m.
R9 B BOARD AND COMMITTEE APPOINTMENTS - CITY COMMISSION APPOINTMENTS.
Office of the City Clerk
ACTION: The following At-Large appointments were made:
City Clerk Rafael Granado read names into the record; motions on the nominations were made and
approved by acclamation. The following members were appointed and/or reappointed by the City
Commission:
AFFORDABLE HOUSING ADVISORY COMMITTEE:
David B. Smith Reappointed by City Commission
(Banking or mortgage industry in connection to affordable housing)
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 51 of 81
ART IN PUBLIC PLACES COMMITTEE
Alpesh K. Patel Appointed by City Commission
(competence in evaluations of art history, etc. category)
Cathy A. Byrd Reappointed by City Commission
(Competence in evaluations of art history, etc. category)
Michael McManus Appointed by City Commission
(Competence in evaluations of art history, etc. category)
BOARD OF ADJUSTMENT
Roger Segal Reappointed by City Commission
(Law profession licensed in the State of Florida category)
BUDGET ADVISORY COMMITTEE
Marc A. Gidney Appointed by City Commission
(CPA position)
DESIGN REVIEW BOARD
Clerk’s Note: On December 14, 2016, the City Commission agreed to postpone the appointments to
the Design Review Board to the February 8, 2017 Commission meeting.
HEALTH ADVISORY COMMITTEE
Dr. Mark L. Rabinowitz Reappointed by City Commission
(CEO, MB Community Health position)
Steven D. Sonenreich Reappointed by City Commission
(CEO, Mt. Sinai Medical Center position)
HISTORIC PRESERVATION BOARD
Scott A. Needleman, MDPL Reappointed by City Commission
(Miami Design Preservation League (MDPL) position)
HOUSING AUTHORITY OF MIAMI BEACH
Mojdeh L. Khaghan Appointed by the Mayor/Confirmed by the City
Commission
Clerk’s Note: This appointment was heard as item R9 C.
HUMAN RIGHTS COMMITTEE
Jesse Fleet, Appointed by City Commission
(At-Large position)
Rachel J. Umlas, At Large Reappointed by City Commission
(At-Large position)
Ken Schwartz,
(Moved to Law/Chair position) Appointed by the City Commission
Handouts or Reference Materials:
1. City Commission At-Large Appointments – Release #1
2. City Commission At-Large Appointments – Release #2
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 52 of 81
11:37:21 a.m.
R9 C APPOINTMENT OF MOJDEH L. KHAGHAN AS A COMMISSIONER TO THE HOUSING
AUTHORITY OF MIAMI BEACH.
Mayor Philip Levine
ACTION: Mojdeh L. Khaghan appointed as Commissioner to the Housing Authority. Motion made
by Commissioner Steinberg; seconded by Commissioner Grieco; Voice vote: 7-0. Office of the
City Clerk to handle.
Handouts or Reference Materials:
1. Email from Samantha Barrios dated December 22, 2016 RE: R9 A2 Housing Authority Appointment to
the January 11, 2017 Commission Meeting.
8:31:50 a.m.
R9 D DR. STANLEY SUTNICK CITIZEN'S FORUM. (8:30 A.M.)
Office of the City Clerk
ACTION: The following individuals spoke:
1. Mark Torkelson spoke regarding his father who fought during WWII and his experience in
the City. He has experienced a perception of fear, and he believes some areas on the
beach need security; therefore, he will be getting a concealed weapon with appropriate
training. He designed a sign that would address the issue of gun-free zones in private
businesses, and distributed signs to the members of the dais.
Jimmy L. Morales, City Manager, stated that the City does not enforce gun-free zones in
businesses, but the State does.
2. Diane Ratovic moved to Miami Beach 23 years ago from New York City. She spoke about
housing and stated that convenience was one of the main reasons for her decision to
move to Miami Beach. All vibrant communities include a diverse population. When she
became disabled she gave up some forms of transportation including the bicycle, but living
here has allowed her to retain her independence. She asked the City Commission to do
everything in their power to allow disabled residents as herself to continue contributing to
the community, to honor Mr. Shep Davis, who advocated for seniors and preserve their
housing, so they could continue to call South Beach home.
3. Dusty Melton spoke on item C2 C. In 1984-1985 when he collaborated with Harvey Ruvin
on the County Zoning Code, they formulated a body of rules governing all forms of signs in
unincorporated Miami-Dade; when the County Commission adopted this, they exercised
Home Charter powers, implementing it in municipalities. The sign establishes minimum
regulations. Cities may be more restrictive, but may not be more liberal in the rules for
signage. Last February he worked with the County to update to a new technology. He
distributed those rules on the dais. The proposed RFP on the agenda seems to conflict
with the existing rules from the County regarding advertising. Digital kiosks advertising
alcohol may not be consistent with the law, since the City can only advertise goods,
services and products that are available for purchase at the location of the sign.
City Manager Morales asked for clarification.
Mr. Melton stated that he is referring to the digital kiosks that contemplate commercial ads,
some of which may be for alcohol, which cannot be purchased at the kiosk.
After Action January 11, 2017 Commission Meeting City of Miami Beach
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City Clerk Granado added that there is a new RFP on item C2 C.
4. Alex Tachmes, Esq., addressed the issue of digital kiosks and explained that there was a
provision in the County Code that addresses digital signage, but it does not prohibit the
signs in the City. Mr. Tachmes stated The Office of the County Attorney ruled that the
County Code does not prohibit digital signs and as evidence of that, there are digital signs
at the American Airlines Arena in downtown Miami, which the County is allowing. With
regard to Lincoln Road, the recently adopted Master Plan specifically calls for interactive,
digital kiosks; he urged to proceed with the RFP.
5. Peter Ehrlich spoke on item C2 C. He stated that there are many illegal signs in the City of
Miami that violate Florida State law. FDOT has cited the illegal signage, but the City of
Miami ignores the laws on the books. He asked that this item be pulled for discussion. He
pointed out some of the Miami-Dade County Sign Code provisions, particularly Section 33-
96 states all signs should be static. Under the very limited ability for any movable signs,
subsection (d) states a minimum of 10 acres gross of approved land is required, and for
ads that are shown, the goods and services must be on site. He asked not to use the City
of Miami for comparison.
Commissioner Steinberg stated that she pulled item C2 C, and further conversation will
ensue.
6. John Deutzman spoke about crime in the City. In 2015, there were 418 robberies, 698
burglaries, 7,680 larcenies, and 624 auto thefts. 9,420 innocent people had items stolen
from them. 25.8 incidents per day on average. He has been studying this for a long time
now and his conclusion, according to the U.S. Department of Justice, 82% of criminals
who commit property crimes repeat within 5 years. The problem is that criminals come
back to Miami Beach and are “homeless” so it is really a bunch of criminals getting the
sanctuary of “homeless population.” He thinks the City needs their own special prosecutor
for their unique problems.
7. Mitch Novick is opposed to digital kiosks (item C2 C), but is not here for that issue. He
stated that he was not surprised that crime exploded during the holidays. The Police
Officers succeeded in making arrests, but the hit and run and thugs robbing customers
leaving Mango’s, and the brutal attack over a cell phone, are just two horrible examples of
the crime the City faces. This Commission has proven unable to ensure the safety of
residents and visitors. This has always been a zoning issue, not a crime issue.
Entertainment is an incompatible use when abutting to residential zoning. Since the 10-
Point Plan was adopted, they have had multiple shootings, a murder, a horrific sexual
assault and other violent incidents along Ocean Drive. The City Commission has been
corrupted by Ocean Drive special interests, because they have contributed to political
campaigns. Furthermore, today there is an item on the agenda for a $10,000 gift from
Mango’s. (Item C7 A.) It is time to clean up the City’s act, be effective as public servants,
and it is time to implement noise restrictions and carry through with the Ocean Drive
Alcoholic sales roll back.
Mayor Levine stated that the City has gone through Phase I and is now going through
Phase II regarding Ocean Drive.
Mitch Novick stated it needs to be implemented before Spring Break, and asked the City
Commission to discuss the noise issue today as an emergency item.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 54 of 81
8. Lori Bakkum, volunteer chairperson of Art Deco Weekend spoke with vice-chair Russell
Lee and presented the City Commission with the poster for 2017 Art Deco Weekend. The
poster was a winner out of a national competition by a Miami artist born in Brazil, Gabriela
David. She explained that Gabriela won the competition and hopes everyone will go to the
event. This is the 40 th anniversary of Art Deco Weekend and she invited everyone to
attend.
9. Lina Cuadra, speaking in Spanish, stated that she lives on 220 23 rd Street, wants to know
how she could be helped, because she is in the process of being evicted. She lived there
for 20 years and asked assistance from the City.
City Clerk Granado translated Ms. Cuadra’s statement and addressed Ms. Cuadra’s
concerns to Maria Ruiz. Maria Ruiz to handle.
Handouts and Reference Materials:
1. Gun free zone signs distributed “PAC in HEAT.”
1:02:00 p.m.
1:25:43 p.m.
DR. STANLEY SUTNICK CITIZEN'S FORUM. (1:00 P.M.)
ACTION: The following individuals spoke:
Commissioner Grieco called a recess until 1:20 p.m.
1. Jerry Libbin, President and CEO of the Miami Beach Chamber of Commerce, spoke on
the Zika item on the agenda. He would have brought more people to speak on the item,
but since it did not have a time certain, he was unable to do so. The Chamber has formed
a “Stakeholder Group” formed of business owners and operators who are heavily invested
in the community to speak in a unified voice on behalf of Miami Beach businesses. They
would like to know what the City’s plan is to deal with mosquitoes, and what will be done to
protect the Miami Beach brand in future disasters. The Stakeholder Group will reach out to
the elected officials to discuss further these issues. Clerk’s Note: See discussion with
items R9 N and R9 T.
2. Stanley Shapiro stated that he is proud of Mayor Levine stressing the importance of
decorum and discussing difficult issues on the dais with civility. He first moved to Miami
Beach 40 years ago when the average age was over 70 years old. He once ran for City
Commissioner, and his support was primarily from seniors and low-income residents. He
has routinely heard many people consistently criticize Ocean Drive, and he believes if
these residents are so unhappy living in Miami Beach, they should move to another City.
He wished the Mayor all the best in his future endeavors.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 55 of 81
11:37:57 a.m.
R9 E DISCUSSION ON INSTALLING A RESILIENT FLORIDA-FRIENDLY LANDSCAPE AT CITY
HALL THAT INCLUDES AN EDUCATIONAL ELEMENT AND NATIVE PLANT IDENTIFICATION
GARDENS.
Environment and Sustainability
Commissioner Micky Steinberg
ACTION: Discussion held. Motion made by Commissioner Steinberg; seconded by Commissioner
Alemán to approve the item; Voice-vote: 6-0; Absent: Vice-Mayor Malakoff. Elizabeth Wheaton
and Rodney Knowles to handle.
Commissioner Steinberg stated the Sustainability and Resiliency Committee discussed having
Florida friendly plants in all of the Parks and City facilities, and to move into that direction, first
starting at City Hall and also having an education component.
Rodney Knowles, Greenspace Management, stated there has been in an internal discussion to
reduce the amount of harmful pesticides and fertilizers, and the amount of water used on City
owned property. Part of that is connected with utilizing Florida Friendly landscaping, and he
believes a great place to display what a Florida Friendly landscape is and to educate the public on
the benefits would be City Hall. They talked internally with the Parks and Recreation Department
and the Environment and Sustainability Department, and met with Milly McFadden, who has
extensive experience with designing and implementing Florida Friendly landscapes.
PowerPoint presentation.
Milly McFadden stated the PowerPoint is the proposed design for the new Florida Friendly
landscape at City Hall, and discussed details as shown in the slideshow. The cost of the program
is approximately $70,000.
Mayor Levine believes the design and concept are great.
Commissioner Arriola stated Milly McFadden did a brief presentation last year and then asked her
about the plants in the design, and whether the plants are hospitable to mosquitoes.
Milly McFadden replied that none of the plants materials suggested are hospitable to mosquitoes.
Many Florida friendly landscapes encourage on site water retention, and she believes it would be
irresponsible to have standing water on City Hall property. Therefore, they are filtering the runoff
and that is fully compliant with Florida friendly, it is a great alternative to on site retention.
Commissioner Arriola stated City Hall should lead by example and use more Florida friendly
plants that do not need pesticides, and the plan he would like approved is to help educate
businesses and homeowners.
Milly McFadden stated it would be great opportunity for people to learn about Florida friendly
plants, native Florida plants, and educating people how to maintain their landscapes in a
responsible manner. She believes it will be a great educational project, and it will provide a nice
landscape for City Hall.
Commissioner Alemán asked if the quote Ms. McFadden provided included the markers to label
the plants, so that if homeowners want to come and look at a Florida Friendly palate that they
could implement at their own home.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 56 of 81
Ms. McFadden stated that the estimate she provided would include the markers. In addition, they
are collaborating with the Miami Beach Botanical Garden and the University of Florida; they are
the ones who implement the Florida friendly program Statewide.
City Manager Jimmy Morales stated there is a great deal of evidence coming out that the
extensive use of pesticides in residential and commercial areas are creating a tolerance for
mosquitoes and making it more difficult to fight the mosquitoes. The project is a great start to help
people fight/prevent mosquito borne illnesses.
Discussion held regarding pesticides and standing water.
1:56:43 p.m.
R9 F DISCUSSION REGARDING LOWERING SPEED LIMITS AND/OR TRAFFIC CALMING IN
RESIDENTIAL NEIGHBORHOODS.
Commissioner Michael Grieco
ACTION: Discussion held. Item referred to Neighborhood/Community Affairs Committee. Motion
made by Commissioner Grieco; seconded by Commissioner Alemán; Voice vote: 7-0. Morgan
Goldberg to place on the Committee Agenda. Jose Gonzalez to handle.
REFERRAL:
Neighborhood/Community Affairs Committee.
Commissioner Grieco explained that the City conducts many traffic studies, whether they are
conducted in house or outsourced, these studies often come back resulting in that there is no
problem; although the residents in the neighborhoods complain that there is a problem, no matter
where they live. He gave examples where residents live and the common problems associated
with speeding. He believes the City should conduct an audit on the speed limits and send it to the
Neighborhood/Community Affairs Committee and have Jose Gonzalez, Transportation
Department Director, work on it. He would like to see what could be done, short of major
infrastructure projects to slow vehicles down.
Vice-Mayor Malakoff stated that when you put in speed bumps, roundabouts, narrow streets, and
slow the speed limits, it does slows the traffic, which is nice for that neighborhood, though it sends
drivers to other streets.
Discussion held regarding alternate residential routes beside Alton Road that residents commonly
drive on.
Commissioner Grieco disagreed with Vice-Mayor Malakoff’s statement; he believes the residential
roads are not for people to commute. He is not talking about primary and secondary routes; he
wants slower speed limits and signs that tell people to slow down. People should drive slowly in
residential neighborhoods, as they do in school zones. He stated if he could have it his way, he
would have the speed limit at 15 mph all of the time, that way if a child jumps out in the street the
driver has enough time to stop. He believes it is best to audit the speed limits in the City. Traffic is
not moving any faster or slower based on speed limits, it is caused by volume.
Vice-Mayor Malakoff concurs with slower speed limits.
Commissioner Alemán seconded the motion, and she stated Alton Road is a residential road and
there are children living up and down that road, as every other residential road. It is four lanes,
though it is residential, and it is very dangerous.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 57 of 81
2:07:35 p.m.
R9 G DISCUSSION REGARDING INCORPORATING SAFETY BOLLARDS AT ALL LINCOLN ROAD
INTERSECTIONS.
Commissioner Michael Grieco
ACTION: Discussion held. Approved by acclamation. Adrian Morales, David Martinez, Chief
Oates and Chief Fernandez to handle.
Commissioner Grieco stated he spent a great deal of time assessing possible soft-targets in
Miami Beach, and he deems Lincoln Road to be one of the softest targets if someone ever
wanted to cause problems. He stated, as shown in the news, that the new modus operandi for
terrorists is killing people with vehicles, not with bombs and guns. He believes Lincoln Road is a
prime target for this type of attack. He asked the City Commission to include in the CIP Project
when it is funded for Lincoln Road, safety bollards at street ends, so one could not travel east and
west across Lincoln Road. He spoke with Miami Beach Police and Fire Departments on this
matter. Whether the design is removable or retractable, the design must do the job and be
aesthetic pleasing. The staff of the Lincoln Road BID is also pleased with the effort to improve
safety.
2:13:10 p.m.
R9 H DISCUSSION REGARDING MIAMI BEACH'S APPROACH TO RECYCLING AND BEST
PRACTICES MOVING FORWARD.
Commissioner Michael Grieco
ACTION: Discussion held. Eric Carpenter and Elizabeth Wheaton to handle.
Commissioner Grieco asked if anyone was available to speak from Sanitation or Public Works. He
then stated that there has been social media chatter regarding what the City does and does not
do regarding street recycling. He asked Eric Carpenter, Assistant City Manager/Public Works
Director, to explain what the City does and what the City should do when it comes to recycling.
Eric Carpenter, Assistant City Manager/Public Works Director, stated that he is aware of a couple
different social media incidents that were brought to his attention; one was a video of an
employee removing trashcans for both recycling and for regular trash and comingling them in a
rolling container. He stated they have dealt with that employee and explained to him the
importance of recycling in the City. There was another photograph taken of individuals taking
clear bags out of trash bins on the beach and walking and placing them in the gator vehicle, which
is the City’s standard practice. The reason for clear bags is so when they get back to the
dumpster enclosure they could sort the bags into recyclable and regular trash, and put them into
the appropriate dumpsters at that location. They are not running two trips out there and that would
take more staff time and be less efficient. He stated they have a challenge with people in the
community not respecting the recyclable bins, because they put trash into recyclable bins. He
stated that recently a vendor declined a load of recyclables because they were so contaminated
with trash.
Discussion continued.
City Manager Morales suggested for the environmentalists to help educate the public on proper
recycling methods.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 58 of 81
2:17:21 p.m.
R9 I DISCUSSION REGARDING THE MAYOR CHARLES HALL AND ANDREE JULIETTE BRUN
BUSTS FORMERLY LOCATED AT THE JACKIE GLEASON THEATER AND AN UNTITLED
SCULPTURE BY THE ARTIST LENORE FORMERLY STORED AT THE MIAMI BEACH
CONVENTION CENTER.
Tourism, Culture and Economic Development
ACTION: Discussion held. Eva Silverstein, Brandi Reddick and Dennis Leyva to handle.
TO DO:
Reach out to Local Museums to see if there is interest in these art works.
Reach out to Mayor Hall’s family.
Brandi Reddick, Cultural Affairs Program Manager, stated staff is seeking advice on the
placement of two busts that were formerly located in the lobby of the Jackie Gleason Theatre. The
first is a bust of former Miami Beach Mayor Charles Hall, who was commissioned in 1976, and the
second is of a prominent South Florida pianist named Andree Juliette Brun, which was
commissioned in 1989. Both of the works were in the Jackie Gleason Theatre until 2007, when
Live Nation took over management. At this time, a $3.5 million renovation took place at the Jackie
Gleason and the works were stored at the Miami Beach Convention Center. She stated that the
area where the works were being stored was slated for demolition. Dennis Leyva, Art in Public
Places Coordinator, conducted a sight visit on December 5, and determined the works had to be
removed. Not only were the two busts located in that storage area, there was an untitled sculpture
by an artist named Lenore. There is no record whatsoever of the piece belonging to the City or Art
in Public Places. In addition, Art in Public Places staff took immediate measures to relocate the
works so they were not destroyed. The two busts are being stored in the fifth floor lobby at 1755
Meridian Avenue, and the untitled sculpture was moved to a storage facility located at 3000 N.W.
125 th Street, Miami, FL. She stated it should be noted that none of the works are part of the Art in
Public Places program, and at this time, they are in disrepair and are not suitable for public
display.
Dennis Leyva, Art in Public Places (AiPP) Coordinator, stated the art pieces were inspected and
none of them is in condition to be displayed. They are not sure of the value of the untitled
sculpture, the two busts have been in storage since 2007, and they are not sure how they even
came to the City, except that they were put on display. They need to be appraised and there will
be a cost associated with that, and they have to be restored. He explained the poor conditions of
each bust.
Discussion held.
Commissioner Rosen Gonzalez asked what would be the cost to repair them.
Dennis Leyva, AiPP Coordinator, explained they have to hire an appraiser to evaluate the cost.
Brandi Reddick, Cultural Affairs Program Manager, explained that staff conducted research to
determine the artist who created the sculptures.
Mayor Levine stated he is in favor of restoring the statues.
Vice-Mayor Malakoff explained that she is not in favor of replacing them and/or renovating them,
and maybe someday there will a Miami Beach museum where they could be placed.
Mayor Levine thought the City was going to get a museum for the history of Miami Beach.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 59 of 81
Vice-Mayor Malakoff does not believe any of the works of arts mentioned are worth saving.
Mayor Levine asked if Florida International University or another school would fix them.
Commissioner Rosen Gonzalez suggested donating them to the History of Miami Museum in
Downtown Miami, or the Jewish Museum; she recommended reaching out, possibly to see if the
Wolfsonian-FIU would take them.
Vice-Mayor Malakoff stated the Wolfsonian-FIU Museum only collects a specific time-period and
the statues are too recent.
Dennis Leyva informed that they know little information about the third work that appeared during
the Convention Center inspection. They do not know who the artist is; because of the dimensions,
it will be costly to repair; and they have no idea of the value. He stated the third sculpture is a
metal sculpture on a wooden base that is about 10 feet long and 10 feet high. The artist named
Lenore had a studio in Long Island and it has been closed since the mid-1980s.
Mayor Levine asked the City Manager about auctioning off items that belong to the City.
Discussion held.
Commissioner Steinberg suggested bringing this item back to the City Commission to figure out
what to do with it.
Dennis Leyva added that the artwork would be in storage until the Convention Center Renovation
is completed.
Discussion continued.
City Manager Jimmy L. Morales stated they will start with the bust, then will figure out about the
other company. The City Manager also suggested reaching out to Mayor Hall’s family to see if
they would like the bust.
2:26:06 p.m.
R9 J DISCUSSION REGARDING LINCOLN ROAD CAFE PENALTIES FOR HALLOWEEN PERMIT
VIOLATIONS.
Commissioner John Elizabeth Alemán
ACTION: Discussion held. Adrian Morales and Hernan Cardeno to handle.
Commissioner Alemán stated she put this on the Commission Agenda before the Special Master
Hearing. She believes most of the issues have been resolved, rather than pulling it off the
Agenda, she believed it was worthy of public scrutiny to allow the City Commission to reconfirm
their commitment and partnership with the Lincoln Road Business Improvement District (BID).
The Commission is trying to drive consistency on Lincoln Road; she stated the City has done a
good job in certain areas and will improve in other areas over time. The businesses on Lincoln
Road should know the City is serious about enforcing rules, and she is sure they have gotten that
message by now.
Adrian Morales, Interim Director, Property Management, Lincoln Road Manager, stated that in
2015, after Halloween, they had an after-action and determined that Lincoln Road Halloween as a
whole required a coordinated effort between all of the City entities. They got together and had
monthly meetings until Halloween this year. They prepared a plan and distributed memos about
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 60 of 81
sidewalk cafés not expanding due to life safety concerns and public safety. They distributed all of
the memos to the BID and to all of the cafés, he held conversations and tenant meetings with
those who appeared. During Halloween 2016, there were cafés that expanded, which was a
cause of concern, and they took measures based on the memo they issued prior to Halloween.
Café operators appealed before the Special Master, and some appeals were granted while others
were denied.
Commissioner Alemán asked Adrian Morales about the letter they issued, if it was issued prior to
October 25. She also asked how they issued the permit this year.
Adrian Morales stated that in the past, café operators would apply for individual special events,
and this year they felt it would be better if the Lincoln Road BID and the City cosponsored the
Halloween Event on Lincoln Road. They asked the cafés to participate under the special event
permit that noted no expansion of any kind. They distributed a memo days prior stating, “This is
what we are doing and no expansion whatsoever, the BID and the City are in control of this.”
Commissioner Alemán asked if the penalty was described proactively.
Adrian Morales replied yes, they issued a notice that any failure to abide by that memo would
result in a 30-day shutdown order.
Commissioner Alemán stated that the process of issuing violations could be improved. Most of the
café operators have resolved their issues. She believes it is important to talk about this again so
Lincoln Road operators know the City is serious and that the Commission is behind that. She
stated to Adrian Morales that he will get better, Code Compliance, and Jimmy Morales will get
better in the processes to make sure they are consistent, equitable and well documented. All of
the operators should be on notice that it is the case, and it will be in their best interest to follow the
rules they agree on in advance; that is what will drive the quality of experience and product for
visitors and residents that go to Lincoln Road. The City Commission will ensure that the rules are
enforced when they are not followed.
Michael Llorente, on behalf of the Lincoln Road BID, stated that the City and the BID have
developed a healthy-good working relationship; the Halloween event is was one example of that
partnership. They support the City going out there and consistently enforcing the Code. They are
holding a tenants’ meeting where they are calling all business owners within the BID boundary, he
believes the meeting is on January 25. He will reiterate to business owners they have to follow the
rules, and he knows the City will do a better job in enforcing the rules consistently and fairly.
Commissioner Alemán stated the original letter had a 24-day shutdown penalty and that was a
heavy penalty; if it was to get their attention, then it did. The City Manager has offered a one week
shut down since then.
City Manager Morales stated that the message has been delivered, and again, they are criticized
for passing rules and not enforcing them, and he has taken it to heart. Halloween is particularly
sensitive, because it gets extremely crowded. The boundaries are very important, and he stated
he saw restaurants bringing out more tables and chairs when it was crowded.
Commissioner Arriola added that they must have “teeth” behind the Code enforcement and the
City cannot treat one street different then another.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 61 of 81
3:13:14 p.m.
R9 K DISCUSSION AND REFERRAL TO NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE:
CREATION OF LEGACY BUSINESS REGISTRY AND OTHER POSSIBLE PROGRAMS
DESIGNED TO SUPPORT AND PROTECT SMALL BUSINESSES.
Commissioner Michael Grieco
ACTION: Discussion held. Item referred to the Neighborhood/Community Affairs Committee by
acclamation. Morgan Goldberg to place on the Committee Agenda. Eva Silverstein and Jeff
Oris to handle.
REFERRAL:
Neighborhood/Community Affairs Committee
Commissioner Grieco referred the item to the Neighborhood/Community Affairs Committee
because the last item went longer than planned.
Item referred by acclamation.
9:58:47 a.m.
ADDENDUM MATERIAL: LTC NO. 009-2017
R9 L REPORT REGARDING THE RECENT BANK ACCOUNT FRAUD.
Office of the City Manager
ACTION: Discussion held. Item heard in conjunction with R9 U. Allison Williams, Police Chief
Oates and the Office of the City Manager to handle. See also item R7 I.
Jimmy L. Morales, City Manager, stated that this is the first City Commission meeting after the
news broke out of the City’s bank account theft. He issued an LTC (See LTC-009-2017 ) on
Monday, January 10, 2017, that provides further information. The City Clerk circulated a
supplement to the agenda, which includes this LTC. He explained that the City was victimized by
criminal enterprise using an account and ABA routing numbers to extract $3.6 million in electronic
transfers over six months in the account held with SunTrust Bank. By nature of the electronic
transfers, the City and authorities are aware of the banks the money was transferred to, and on
behalf of which customers. When learning about the illegal transaction, he immediately contacted
Police Chief Oates, who in turn notified the FBI. An investigation is currently underway through a
collaboration of the Miami Beach Police Department, FBI, and Office of the City Attorney.
SunTrust bank is working diligently to trace the funds. Pursuant to the collective efforts, nearly
$700,000 has been recuperated. He believes through further efforts, the City will be able to regain
100% of the stolen funds. He will not release information regarding the on-going investigation, but
he has been very impressed by the work of all parties involved. The other 27 City bank accounts
have been audited, and no suspicious activity has been found. They believe the illegal activity
was limited to the one account. The illegal money transfer should have been caught earlier, but
human error and lack of action played a major role. Certain personnel actions have already taken
place, and outlined in the distributed LTC. There is no evidence that any City employee was
engaged in criminal activity, but the investigation is still in its preliminary stages. BDO Accounting
has been hired to conduct a forensic review of the City’s treasury, management, and
disbursement functions. This review will conclude in four to six weeks. He reassured that the theft
would not cause the City any financial hardship. A new Treasury Manager (Vivian Parks) has
been hired, and Mr. John Woodruff accepted the position as the new Finance Director. Please
see vote in item R7 I . He formally apologized to the Mayor, Commissioners, and residents of
Miami Beach. Although he believes his actions did not contribute or enable the theft, as City
Manager, he believes “the buck stops here” so he assumes responsibilities for the short fallings.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 62 of 81
3:13:23 p.m.
R9 M DISCUSSION REGARDING POLICE/FIRE/SANITATION FEES TO BE INCURRED BY MIAMI
DESIGN PRESERVATION LEAGUE (MDPL)/ART DECO WEEKEND.
Commissioner Michael Grieco
ACTION: Discussion held. Motion made by Commissioner Grieco to provide requested funds;
seconded by Commissioner Rosen Gonzalez. Voice vote: 4-3. Opposed: Mayor Levine and
Commissioners Alemán and Arriola. Police Chief Oates, Fire Chief Fernandez and Eric
Carpenter to handle.
Commissioner Grieco introduced the item. MDPL is having funding issues for the Art Deco
Weekend event. Historically, they have completed VCA applications for grants, but that was not
done this time. The funding trouble was mainly due to the Zika scare, which saw a sharp decline
in tourism last summer. He believes funding this event will be good, because it is an opportunity to
provide positive press for Miami Beach, and will attract tourism to the City.
Lori Bakkum, Volunteer Chairperson for Art Deco Weekend, stated that this would be the 40 th
anniversary of the Art Deco Festival. It will also be her second year as volunteer chairperson for
the event. She detailed the event, and explained how they have increased free programming. Due
to their funding trouble, they are unable to pay the Fire, Police and Sanitary costs for the event.
They are asking for help for this one year. She assured the City Commission that their funding
would be in order from next year on.
Jimmy L. Morales, City Manager, stated that his office looked into the issue and the Office of
Tourism, Culture and Economic Development reached out to Fire, Police, and Sanitation. The
issue is not an increase in costs, but the failure of MDPL receiving a VCA grant for the event.
Grisette Roque Marco, Executive Director of the VCA, clarified that the Art Deco Weekend is not a
VCA event, but a CAC anchor.
City Manager Morales stated that over $20,000 are routinely waived for this event, but out-of-
pocket costs are not normally subsidized. A one-year exception could be made, but on the
condition that next year’s funding could be secured by the event organizers.
Discussion continued.
Commissioner Rosen Gonzalez stated the City provides $150,000 to the Miami Beach Bowl, and
perhaps funds could be reduced to the Miami Beach Bowl and rerouted to the Art Deco Weekend
event.
Commissioner Alemán asked why the Art Deco Weekend administration is asking for the funds so
close to the event. They should have come sooner before the City Commission if they were
having funding troubles.
Ms. Bakkum explained that they have the budgeted amount needed for the event, but due to poor
revenue this year, it puts them in a position where they will have underfund or eliminate funding
for other events and services they provide. The full cost of the Fire, Police and Sanitation services
is $90,000. She is asking the City to help cover $40,000 in costs.
Vice-Mayor Malakoff asked whether the MDPL has staffers who should be in charge of the
finances, and she does not understand why they are asking for the money so close to the event.
Ms. Bakkum explained how the MDPL Board is arranged.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 63 of 81
Commissioner Grieco stated that he would move the item, as it is a unique situation, and he
believes the City could use the positive press this event can provide.
1:36:29 p.m.
R9 N UPDATE AND DISCUSSION ON MIAMI BEACH MOSQUITO CONTROL EFFORTS/COUNTY
ALTERNATIVES.
Commissioner Kristen Rosen Gonzalez
ACTION: Update given. Discussion held. Item heard in conjunction with R9 T at 1:36:29 p.m.
Susanne M. Torriente to handle.
See comments with R9 T.
3:30:25 p.m.
R9 O DISCUSSION REGARDING IDENTIFYING AN OPERATOR FOR THE PLANNED FOOD AND
BEVERAGE CONCESSION AT SOUNDSCAPE PARK.
Tourism, Culture and Economic Development
ACTION: Discussion held. Item deferred by acclamation until March 1, 2017 City Commission
Meeting. Mark Milisits and Eva Silverstein to handle.
Mark Milisits, Assets Manager, introduced the item, which is in regards to reactivating
Soundscape Park. The City administration reached out to Thierry’s Catering since they have been
providing food services to the New World Symphony. They negotiated the terms and conditions to
operate out of a retrofitted shipping container. When Thierry’s Catering was advised that their
shipping container structure would require DRB approval, they backed out of the deal stating it
would be too lengthy and costly to wait for the approval process. The Finance & Citywide Projects
Committee provided three options to identify an interested operator: 1. Issue an RFP; 2. Waive
the competitive bidding requirement, and engage services of a broker to market the space of the
operator; and 3. Waive the competitive bidding requirement, and negotiate with Thierry’s Catering.
Mayor Levine asked whether the New World Symphony has stated what they want.
Mr. Milisits replied that the New World Symphony is concerned for the design of the building, and
the identification of the operator.
Vice-Mayor Malakoff stated that West 8 must be involved in any renovations of Soundscape Park.
The City cannot install a building that looks like a restroom and state it is a concession stand,
because that would be a horrible idea. If the City adds a building, it has to be towards the south
side, and the current restrooms would have to be expanded with the entrances facing Lincoln
Lane to minimize noise during park events.
Mr. Milisits stated that this is a procurement issue regarding the involvement of West 8.
David Martinez, CIP Director, stated that this being a CIP project, there are certain procurement
limitations. There is no mechanism to hire directly West 8.
Vice-Mayor Malakoff stated that this is not a City building, and West 8, an internationally known
Park designer has been previously hired by the City.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 64 of 81
City Manager Morales asked the City Attorney whether a sole source or waiver of bid because the
best interests of the park would be required to retain West 8 as the designer.
Raul Aguila, City Attorney, stated that competitive provisions could be waived to declare a public
emergency, but there needs to be justification for it. He is willing to work on it, but the waiver
provisions are limited.
David Martinez stated that the building costs are between $5-6 million, and a formal RFP could be
put out. He clarified a misconception that West 8 was previously hired as a consultant, they were
in fact hired as a sub-consultant to a prime consultant that went to RFP.
City Attorney Aguila stated that other Cities have partnered with world-class architects who do not
necessarily have a license to practice in Florida, but they do design plan concepts and partner
with local design firms that will sign-off on the plans.
Commissioner Alemán recently spoke with Howard Herring, President of the New World
Symphony, and he is not sure of the proposed additional building. She would like to wait and
discuss this item with the new Director of Tourism, Culture and Economic Development, Ms. Eva
Silverstein.
Commissioner Rosen Gonzalez stated that in the interim, she would like to put out an RFP for an
elegant food provider with affordable prices, and let provider be innovative.
Jose Lamadrid, Vice-President of the New World Symphony Facilities, stated that he appreciates
what the City Commission has done for the New World Symphony, and Soundscape Park has
changed a lot in the past 6-8 months; but he asked to hold off on this item for the moment.
By acclamation, the City Commission agreed to defer the item until March 1, 2017.
3:40:56 p.m.
R9 P DISCUSSION REGARDING REMOVAL OF FUTURE RESIDENTIAL USE FROM THE RFP FOR
THE NEW COLLINS PARK GARAGE.
Vice-Mayor Joy Malakoff
ACTION: Discussion held. Item heard in conjunction with C7 C at 9:55:57 a.m. Alex Denis to
handle.
3:41:34 p.m.
R9 Q DISCUSS GIVING ALL CITY BOARDS/COMMITTEES AN AUGUST RECESS, TO ALLOW FOR
VOLUNTEER BOARD/COMMITTEE MEMBERS TIME TO TRAVEL, BE WITH FAMILY, AND
HAVE A BREAK.
Commissioner Rosen Gonzalez
ACTION: Discussion held. Approved by acclamation. Office of the City Clerk to handle.
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3:41:50 p.m.
R9 R DISCUSSION AND REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS
COMMITTEE, ON THE CREATION OF A MIAMI BEACH HALL OF FAME AND ESTABLISHING
CRITERIA, PLACEMENT AND SELECTION PROCESS.
Commissioner Micky Steinberg
ACTION: Discussion held. Item referred to Neighborhood/Community Affairs Committee by
acclamation. Morgan Goldberg to place on the Committee Agenda; Eva Silverstein to
handle.
REFERRAL:
Neighborhood/Community Affairs Committee
Commissioner Steinberg stated that many people have come up to the City Commission
requesting streets to be renamed after important members of the Miami Beach community.
Although it is a nice gesture, she is not comfortable amending the City Code for such things. She
acknowledged Harvey Bernstein for helping her with the Miami Beach Hall of Fame idea. This Hall
of Fame would have strong criteria, and exclude elected officials from being eligible.
Mayor Levine suggested having something similar to the Hollywood Walk of Fame in front of the
Convention Center or even in the Convention Center itself.
Commissioner Rosen Gonzalez agreed with the idea, but does not want to exclude elected
officials out right, because there have been many important Miami Beach elected officials who
deserve to be honored.
Commissioner Steinberg agreed with Commissioner Rosen Gonzalez’s comment.
Vice-Mayor Malakoff suggested having this project only once a year.
3:44:42 p.m.
R9 S DISCUSSION REGARDING WHAT OCCURRED TO THE MEDALLION DEDICATED TO
MUHAMMAD ALI THAT VANISHED YEARS AGO FROM HALL C OF THE MIAMI BEACH
CONVENTION CENTER.
Commissioner Kristen Rosen Gonzalez
ACTION: Discussion held. Eva Silverstein and Maria Hernandez to handle.
Commissioner Rosen Gonzalez stated that Muhammad Ali’s victory in 1964 was commemorated
in Hall C of the Convention Center with a medallion. That medallion has since disappeared, and
she would like to recreate it, as it is an important artifact for the community.
Mayor Levine expressed his support for the initiative.
City Manager Morales stated that the problem is that the medallion disappeared 15-20 years ago,
and now no one knows what it looked like. In order to reproduce it, the City would have to get help
from the media or the community. We need to find a photograph of the medallion.
Commissioner Arriola suggested asking former elected officials who commemorated the
medallion. Perhaps former Mayor Alex Daoud could help.
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1:36:29 p.m.
R9 T DISCUSSION ON WHAT PROACTIVE ACTIONS THE CITY AND OTHERS CAN TAKE TO
MINIMIZE THE RISK OF ZIKA SPREADING IN MIAMI BEACH IN THE FUTURE.
Commissioner Micky Steinberg
ACTION: Discussion held. Item heard in conjunction with R9 N. 1) Take proactive actions to
minimize the risk of Zika and other mosquito borne illnesses from spreading in Miami Beach in the
future. Susanne M. Torriente and Marcia Monserrat to handle. 2) Create Mayor’s Blue Ribbon
Committee to address emergencies that may come up in the City. Debora Turner to draft the
necessary documents to create the Mayor’s Blue Ribbon Committee. City Manager Morales
to determine who will serve as the liaison to the Mayor’s Blue Ribbon Committee.
Commissioner Steinberg stated that this item is about being proactive in fighting Zika. There are
steps that need to be taken to mitigate mosquitoes in the City. The City needs to work with the
County and organizations to make sure everything is being done while not in “mosquito season”
to prevent Zika.
Jerry Libbin explained that the Chamber of Commerce recently formed and grouped large
business owners known as the Stakeholder Group. This group will reach out and introduce
themselves to the City Commission to work together on innovative tactics to fight Zika. One of the
paramount concerns is to protect the Miami Beach brand. He proposed setting an emergency
fund in case of another Zika outbreak.
Susanne M. Torriente, Assistant City Manager, stated that City staffers have been very proactive
during this time of year. There is a network of 16 mosquito traps in Miami Beach, and 63
throughout Miami-Dade County, which will be increased to 100 total. Mosquito Traps are routinely
monitored, and larvicide is applied when needed.
Mayor Levine met with Dr. Michael Callahan, the Head of the Zika Foundation, and one of the
most renowned experts on the matter. He would like the City to reach out to him for his advice.
Susanne M. Torriente to handle.
Assistant City Manager Torriente explained Metrolab, which is a joint collaboration the City has
with FIU and the University of Miami. They will be meeting at the end of February to get further
recommendations on fighting mosquitoes during mosquito season.
Mr. Libbin added that what Assistant City Manager Torriente spoke about is excellent, but it is all
internal efforts. The City needs to protect its brand and let the world know what is going on.
Marcia Monserrat, City Manager’s Office Chief of Staff, stated that the CDC would approach this
differently in the future.
Commissioner Steinberg stated that the prevention and mitigation are the issues to be focused
on, and option “B” would be working with the GMCVB and the VCA to be accurate on the
information.
Mayor Levine suggested creating a Blue Ribbon Committee to address emergencies that may
come up in the City. The Blue Ribbon Committee would be setup well in advance, have media
plans developed and have funding in place to address what needs to be done. Chances are that
the City will have recurrence of Zika next summer. This Blue Ribbon Committee would be ready to
go with an emergency plan that involves the Chamber of Commerce, a representative from the
City Commission, someone from the Administration, and William Talbert from the GMCVB. The
Blue Ribbon Committee would have plans that are ready to roll. Mayor Levine suggested that Mr.
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Libbin, William Talbert from the GMCVB, and Commissioner Steinberg might serve as members
of the Blue Ribbon Committee amongst others. This Blue Ribbon Committee would start
formulating a plan, whether it is for Zika or for God forbid some other kind of tragedy . Debora
Turner to draft the necessary documents to create the Mayor’s Blue Ribbon Committee.
City Manager Morales to determine who will serve as the liaison to the Mayor’s Blue
Ribbon Committee.
Mr. Libbin reiterated that the issue is protecting the brand.
Commissioner Steinberg stated that this Blue Ribbon Committee would address any emergency,
whether is act of God or any other type of mosquito borne illness.
Mayor Levine stated that the Blue Ribbon Committee would also act as a brand enhancement.
Assistant City Manager Torriente stated the mosquito counts have been low, so the anti-Zika
efforts are working.
Commissioner Alemán asked Susanne M. Torriente to follow-up on the effectiveness of the
In2Care mosquito traps that were placed in Miami Beach. Assistant City Manager Torriente
provided a brief summary of the number of traps in the City, and stated she would obtain more
information. Susanne M. Torriente to follow-up.
Commissioner Rosen Gonzalez stated that the City needs to be proactive as a community and
involve the residents.
Ms. Monserrat stated that they would continue to supplement what the County and Health
Department are doing.
Commissioner Steinberg stated that as the City’s liaison to the League of Cities she will bring this
up with them.
9:58:47 a.m.
R9 U DISCUSSION - WHERE IS THE $3.6 MILLION MISSING FROM CITY'S SUNTRUST
ACCOUNT?
Commissioner Kristen Rosen Gonzalez
ACTION: Discussion held. Item heard in conjunction with R9 L at 9:58:47 a.m. Allison Williams,
Police Chief Oates and the Office of the City Manager to handle.
2:33:11 p.m.
ADDENDUM MATERIAL 2: DRAFT RESOLUTION
R9 V DISCUSS URGING THE FLORIDA LEGISLATURE TO COLLECT A 1% TAX ON FOOD AND
BEVERAGE CONSUMPTION TO FUND EFFORTS TO END HOMELESSNESS.
Commissioner Ricky Arriola
ACTION: Discussion held. Item referred to the Neighborhood/Community Affairs Committee and
to the Finance & Citywide Projects Committee by acclamation; and bring the item back with a
recommendation. Maria Ruiz to handle.
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REFERRAL:
Dual referral:
1. Neighborhood/Community Affairs Committee - January 27, 2017. Morgan Goldberg to place
on the Committee Agenda; Maria Ruiz to handle . (At NCAC, discuss the 1% tax on food
and beverages and creating no panhandling zones.)
2. Finance & Citywide Projects Committee - January 20, 2017. Allison Williams to place on
the Committee Agenda; Maria Ruiz to handle.
Ron Book, Chairman of the Homeless Trust, stated that he has tried to reach the City Commission,
to make sure that everyone understood the nature of why he is here. He gave a historical
overview: 23 years ago, in Miami-Dade County, there were 8,000 homeless individuals on the
streets. The Governor at that time appointed a Commission on Homelessness, with members such
as Jeb Bush, Alex Penelas and community leaders. That Commission came up with a
recommended 10-year plan, which was adopted, became the amended 10-year plan, and then
became the community plan as they know it today. It has been heralded throughout the country as
a best practice model, and six times has been named a best practice model by HUD. Part of that
contemplated the adoption of a food and beverage tax as a recurring revenue stream. Twenty-
three years ago the Committee went to Tallahassee, and after meetings, he became enlisted to
help drive the effort. It was his job to pass the food and beverage tax, which passed the Florida
House, and on the last night of the legislative session that year, 23 years ago, the Bill had never
been heard in the first committee in the Florida Senate. The Senate never hears a Bill on the floor,
if it has not come through committee process, but they heard it and the Bill passed. Therefore, they
adopted the food and beverage tax in the community. At the time, they made several exceptions
for different reasons, one of which was that they were not going to apply the tax to restaurants that
grossed income under $400,000 a year, and it was condition that an alcoholic beverage license
had to be obtained. Secondly, they allowed all mom and pops stores and fast food restaurants out
of the provision. In addition, they left Miami Beach, Surfside and Bal Harbour out; it was the path of
least resistance at that time. Resort taxes were such that no one wanted to put Miami Beach in a
competitive disadvantage. Many people thought that people would not come from the mainland as
a result of the food and beverage tax. He is the only person in this community that has served
since its inception on the Homeless Trust, and has since the beginning of the Trust inception. He
has chaired the finance committee for the entire duration of his tenure on the Trust. He watches
every nickel and dime that comes to the Trust, and knows all the financial details of all
expenditures, including the costs of the shelters. He is cheap, and when he implements and
utilizes the Housing First Modal, which is the only model in America that is absolutely tried and
proven and takes in the chronic, and it is the only model that will sweep the streets of homeless
and bring them into and provide housing. He discussed with Maria Ruiz about the resistance of the
homeless population to shelters; on Miami Beach, the homeless population head count was 208,
and the count before that in the summer of 2016, was 156 homeless. The numbers are going up.
Miami Beach numbers, whether on South Beach, Mid Beach or North Beach, continue to grow,
and the homeless do not want to go to shelters; they want housing. The only way to finish what
they started 23 years ago is to find additional revenue. He asked the City Manager what is it that
the City wants him to commit to. The Trust started with a Miami Beach Commissioner, and he
recognized former Commissioner Pearlson for being part of the first inaugural group to advocate
for funding. They are seeking only a Resolution from the City Commission encouraging the
Legislature to remove the exemption. Surfside and Bal Harbour already have been in
communication with the Trust and are prepared to pass identical Resolutions. The County and Tax
Collectors re-ran the moneys, using existing collections in Miami Beach, and the numbers are
closer to $8 million. He clarified that they could make a difference in the community, if they expand
the food and beverage tax; he assured the Commission that they would see results in a decrease
in the homeless population quickly. They are going to focus on a pilot program, where most of the
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transient population stay, and after the survey there were approximately 220 people identified in
one night, and they took 140 people off the streets in that one single night. They determined that
long term they could reduce the chronic homeless population as long as they target the resources.
He pledged to do this on a sustained basis, and work with the City Manager to allow the off load
into this as much as possible. He met with the City Manager a couple of months ago, and was
asked if they could pick up some of the costs of the Police Officers; that immediately may be a
stretch under the Statute, and he may not do it, but there are other things they spend on that they
are prepared to absorb, so that the City has the additional moneys in the general fund. At $16,000
a unit, he will take the transients off Miami Beach permanently and into a unit of housing on the
mainland.
Commissioner Arriola commended Mr. Book for his passion on this sensitive issue; he is the best
on what he does. Homelessness is a major problem issue on Miami Beach, and they are
desperate to solve it, for the sake of the transient individuals themselves, as well as for the impact
it has on the residents, tourists and businesses. Given the appropriate resources, Mr. Book is
assuring the City that the homeless problem will be solved, but how do they get them off the
streets and into safe housing, if the transient population does not want to leave the streets.
Mayor Levine inquired if this item was discussed at the Neighborhood/Community Affairs
Committee.
Commissioner Steinberg stated that it has been and will be again discussed at the
Neighborhood/Community Affairs Committee.
Mayor Levine suggested that the item be also referred to Finance and Citywide Projects
Committee.
Mr. Book explained that if they continue to kick the can down the road by sending this item to
committees, the number of homeless would continue to grow until is impossible to resolve. His
concern is that if this is going to be referred from committee to committee, it will only delay the
issue. He urged the City Commission to move this forward, as there is a Legislative Session
coming up and legislators are prepared to file a Bill. He has told everyone that his goal is not to go
around the City Commission. In answering Commissioner Arriola, he added that part of the
problem is that Miami Beach has been historically focused on shelter, and the shelter program is
not going to work. People leave Miami Beach if they get housing; they know the bulk of the 208
people in the street is a chronic population. At $16,000 a unit, Mr. Book can sustain this over a
period of time and get as many transients off the streets as possible. Housing is the solution. HUD
just granted $1.5 million for housing in the $30 million awarded to them; they funded three new
programs for housing. At the end of the day, it is about housing and units that are not going to go
out necessarily and be built, but will be rent in the mainland available today, with landlords and
property management waiting for him to be able to write another check.
Commissioner Rosen Gonzalez suggested compromising by trying to take the 208 count, find the
$17,000 per person, which is over $3 million; the problem is that they may be experiencing a
decline in property value, tourism has suffered due to Zika, and property appraisers are low. She
suggested taking the funds currently being spent on homeless, which is about $1.2 million, and
use Tourist Taxes to guarantee the funds for a one-year pilot program. She added that funding
could be found if they go to the Finance & Citywide Projects Committee.
Mr. Book explained that people would continue to cycle in. He can try it, but it is not the long-term,
permanent solution needed.
Discussion held.
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Commissioner Alemán knows that there are over 200 chronic homeless individuals on Miami
Beach by choice, and 85% of the homeless population are not from the City. She asked how they
could set up a structure that if they implement this burden on the City, it will resolve in a
permanent solution. She stated that they would create a vacuum that would be filled by more
homeless people from elsewhere. She asked Mr. Book for his professional opinion on the
implementation of panhandling zones.
Mr. Book added that they would stand in favor of the anti-panhandling zone, especially on Lincoln
Road; but it is no secret that he opposes panhandling in the community, especially in high traffic
tourists’ areas. They installed the first anti-panhandling meters at Joe Stone’s Crab Restaurant;
and half the people panhandling do it as a job without paying taxes.
Mayor Levine suggested discussing the item at Neighborhood/Community Affairs Committee and
at the Finance and Citywide Projects Committee, and bring back with a recommendation.
Discussion continued.
Mr. Book urged the City Commission not to refer to committee, but to move it along for inclusion in
the Legislative Session.
Commissioner Arriola added that they could do a dual referral to the next Finance & Citywide
Projects Committee and the next Neighborhood/Community Affairs Committee.
Jerry Libbin, President and CEO, Miami Beach Chamber of Commerce, explained that Mr.
attended their Board meeting in November; Mr. Book is passionate on the subject and correctly
so, as it is a great cause and he does a great job. Mr. Libbin sent a letter to the City Commission
in December, stating that the Board felt unanimously that the homeless problem is real and they
would like the City to handle it, but businesses were absolutely opposed to the additional 1% tax.
Beach restaurants are already dealing with much greater competition from across the bay,
Wynwood, and other areas, and the resort collections are down 16% in the last quarter.
Increasing the taxes would not bring tourists to Miami Beach; increasing parking fees is not the
best method to get tourists in; Zika, hurricanes; they want the problem solved; however, they think
there are better ways to find the extra dollars and he hopes the City will do that.
Constance Collins, The Lotus House Shelter, stated that many of the homeless individuals,
women and children, are not so visible, since they survive by being undetected; they tend not to
panhandle because that makes them a target. She has spent a decade working with homeless
women and children across the County; hundreds of them have come from Miami Beach over the
years, and they do not ask where they come from when they come to Lotus House; they ask only
if they have the beds to serve them. At times, they have to turn women and children away. The
Miami-Dade County Public School has over 6,000 children who are registered as homeless. That
number has grown steadily over the years. This is not about whom you see, but about those you
do not see; women and children that stay in abused situations because they do not have options.
They invested $25 million in a new project under construction across the bridge. She urged the
City Commission to think about the broader issue and about those individuals that are not seen,
aside from those that are seen.
Commissioner Arriola thanked Ron Book for his patience, passion and dedication, but added that
he is not sure where he is at today on the issue. If the problem could be cured, Commissioner
Arriola will vote for it. The issue needs to have a meaningful dent in fixing this problem; and he
does not want to kick the can down the road. He suggested a comprehensive plan that includes
housing and a funding mechanism for housing, along with other options. They already have a
dedicated Homeless Outreach Department, four or five dedicated Police Officers just for homeless;
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but there are some chronic criminals in the homeless population that affect the quality of life of
residents and tourists. If there is a comprehensive solution to this, including out of the box ideas,
such as having a dedicated prosecutor that the City would fund for the petty crimes they commit, to
stop them from continuing with their criminal behavior, whether is drug use or theft, he would be
very interested in those solutions. To commit money for housing, it would make a dent, but he
believes a more comprehensive, global solution, to give them love, as well as give rights back to
the thousands of residents and visitors. He pleaded to the City Commission and the community to
get serious about this, come up with a comprehensive solution that is a “love – stick” approach.
Police Chief Oates stated that roughly one in five people arrested in the City is homeless; 20%
according to the latest studies. More laws allow them to arrest more people, but it is frustrating to
the Police Department. They now have five officers dedicated full-time in dealing with homeless
issues and in trying to find compassionate solutions. Maria Ruiz is dedicated to it, so there are no
legal challenges regarding the First Amendment, and the City can very narrowly craft the
panhandling Ordinance, but it is not the final solution. The solution leads to more arrests, but this
has a moderate impact on this. It is a very complex issue and the Police Department will be
engaged in conversations about this to help in any way they could.
Commissioner Arriola is willing to consider asking for dedicated resources, but first the
Commission has to understand the best practices, and address the criminal element embedded in
the homeless population that are choosing the life of the streets; and the police cannot arrest their
way out of it.
Ron Book stated that long-term the problem could be solved permanently. He will bring a broader
outline for future expectations to the Committees.
Vice-Mayor Malakoff spoke to the City Attorney about no-panhandling zones, and they have First
Amendment implications. She served on the Homeless Trust and she knows Mr. Book is
passionate about the subject; however, she feels that if they put homeless into housing, they will
only get more homeless to lie under palm trees by Miami Beach where there are bathroom and
shower accommodations. They are asking restaurants to charge 10% instead of 9% tax, and this
puts the City in a competitive disadvantage when compared to neighbor municipalities. The living
wage increase will commence next year, and this will also affect restaurants, so they need to look
out for businesses as well as residents. She believes that between the Homeless Outreach
Department, the Miami Beach Police, and funding a dedicated prosecutor, as suggested by
Commissioner Arriola, chronic criminals could be removed from the streets.
Commissioner Grieco agreed with her colleague and stated that the sales tax in the rest of the
County is 7%; he thinks it is great to talk about homeless solution; they have individuals working
on the issue in the private and public sector working on this for years; they dedicate over a million
dollars for this; but he is not in support of an increase in sale taxes to fund homelessness project.
The dedicated prosecutor idea is not new idea and it is something that he has been working on for
a couple of years. This was discussed at committee, but he will never support the funding source
to come up with solutions. In Hawaii and other similar communities have similar problems; Miami
Beach’s problem could be mitigated, but not solved.
Commissioner Steinberg thanked Mr. Book and Ms. Collins for attending the meeting and they will
discuss this at Committee; it is too important of a dialogue not to have. Commissioner Steinberg
reminded everyone that the City Commission recently passed a new funding source for the
homeless; all short term rental violation fees that are accrued are going out to a separate
homeless fund in the City to help with the efforts. Some of the questions to be asked are how
much the 1% tax in Miami Beach actually generates; how the additional million would be spent
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annually; what is the percentage interest that the County generates; how long will it take to reduce
or eliminate homeless in the City, and what happens if it does not work.
Discussion held.
Commissioner Alemán asked support in adding to the referral to Committees a discussion
regarding panhandling at Neighborhood/Community Affairs Committee. She is also interested in
exploring the pilot program. Morgan Goldberg to place on the Committee Agenda; Maria Ruiz
to handle.
Discussion continued.
Commissioner Rosen Gonzalez stated that for a very long time Miami Beach has been a large
donor community for the rest of the County and even the State, but now they are facing issues
that require money moving forward. She would like to do a pilot program in conjunction with a
prosecutor to see if that would work.
Discussion continued.
Mayor Levine thanked Constance and Ron.
Jimmy L. Morales, City Manager, added that the answer to the problem is not more shelter beds.
That will not get rid of the chronic population, so the solution needs to be found.
11:59:58 p.m.
12:00:42 p.m.
R9 W COMMITTEE OF THE WHOLE MEETING CALLED BY COMMISSIONER KRISTEN ROSEN
GONZALEZ, TO BE HELD DURING LUNCH RECESS OF THE CITY COMMISSION MEETING
ON WEDNESDAY, JANUARY 11, 2017, IN THE CITY MANAGER'S LARGE CONFERENCE
ROOM, FOURTH FLOOR, CITY HALL TO DISCUSS HIRING PRACTICES REGARDING
COMMISSION AIDES.
Commissioner Kristen Rosen Gonzalez
ACTION: Committee of the Whole Meeting cancelled. Item heard in conjunction with item R9 Y.
Mayor Levine designated Vice-Mayor Malakoff and Commissioners Grieco and Steinberg to serve
as his proxy in reviewing resumes, interviewing and selecting Commissioner Rosen Gonzalez’s
Aide. Mayor’s Office and Michael Smith to handle.
Raul J. Aguila, City Attorney, read the following into the record: Commissioner Rosen Gonzalez
has advised that she wishes to cancel the Committee of the Whole Meeting, which was scheduled
to take place after the Collective Bargaining Session, and he asked the Mayor to recognize her for
a few minutes so that she can make her comments on the dais.
12:00:38 p.m.
Commissioner Rosen Gonzalez explained that yesterday on her way to her lectures at work, she
started to get meeting notices, which is odd for her office because her Aide knows that she works
on Tuesday and Thursday’s morning. In the middle of her lecture, she had to reschedule all of
these meetings. These appointments were done by a person she considers to be hostile to her; it
is an Aide she hired after many of her suggestions were refused. Commissioner Arriola has an
Aide that worked on his campaign; others have their campaign Aides working with them; she tried
to hired a third-party after people who worked in her campaign such as Sarah Leddick, Tanya
Bhatt and Harold Foster were refused. Additionally, she was at a cocktail party and David New
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came up to her and asked if she was going to the Jazz Festival, and added that he had hand-
delivered tickets to the jazz festival, though she never received them. Yesterday, her lecture was
sabotaged by rescheduling meetings in her office. About a month ago, her computer was not
working; she sat down at her Aide’s desk; he left the room for a few minutes, and she looked at
his cell phone and text messages from Commissioner Alemán started coming in; she never texts
Commissioner Alemán’s Aide. She feels like her office has been violated and feels there could be
a possible Sunshine violation. On social media during social hours, Commissioner Alemán is
being Tweeted by her Aide, yet she does not see any other Aides tweeting information about
other people. She reached out to the Mayor's Chief of Staff several times after several
measurable goals she set for her Aide were not fulfilled. She is saddened that she was not able to
go to the schools every week, as appointments are not placed on her calendar. She wants to go
to senior centers every week, but again, the appointments were never done. She had all of these
emails in an archive, and he knew where her password was, and she can prove her point by
obtaining them from the server. Her office has been compromised. She finally locked the doors
the other day and moved the person into the Mayor's Office. This person was recently rehired by
John Alemán to work in her office. She feels there is a Sunshine violation. She is not saying that
Mr. Zaret cannot work in the City of Miami Beach, but asked that he no longer work in the Office
of Mayor and Commission, because there has been a level of incompetence and insubordination
toward her that is really angered her. Her communication has been good with the Mayor, although
they are politically opposed sometimes; and he knows that employment matters in the Office of
Mayor and Commission it is under the Mayor’s discretion. She asked Mayor Levine and the
Commissioners to please remove Mr. Zaret from the Office of Mayor and Commission and
transfer him to a different department, or Mr. Zaret can choose to leave the City, but she asked for
the right to hire her own Aide, someone she trusts, and she does not like to have her office
compromised. She is a single mother of three; she works full-time, and is also working on her
Ph.D., so the person who works in her office has to have her back. She asked Mayor Levine to
hire an Aide that she approves of, reviews the resume, and is someone that will work for her, and
not anyone else. She requested for Mr. Zaret’s email to be immediately changed, because she
feels compromised that no one has changed his email address.
Mayor Levine thinks that she is 100 percent correct. He asked the other Commissioners if they
are happy with their Aides, and with the process the City has had for many years, and the way the
Charter is written regarding the Mayor being in charge of the Office staff; and they answered in
the affirmative.
Discussion held.
Raul J. Aguila, City Attorney, explained that under the City Charter the Mayor is the appointing
authority for all the employees in the Office of the Mayor and City Commissioners. They have
always interpreted that to treat the Mayor as a Department Head, and he has the right to hire and
fire all the employees.
Discussion continued.
Commissioner Grieco is not looking to amend the Charter. This issue is fraught with a great deal
of Human Resources issues and how the Mayor and Commission function, and he is not
comfortable discussing this via this forum, but is not looking to amend the Charter.
Mayor Levine explained that Commissioner Rosen Gonzalez initially brought her first Aide; he did
not. She brought her first Aide to them. They interviewed her and found her to be very qualified.
She was great and worked for her, but then Commissioner Rosen Gonzalez did not like her and
ended up having a contentious relationship with her, and at the time, Commissioner Rosen
Gonzalez had asked to get her fired. The rest of the Commissioners felt she was an excellent
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employee and they actually made her the Office Manager. She has done a great job. The second
Aide hired by Commissioner Rosen Gonzalez was Mr. Zaret, and now there is a situation. He is
not defending either one, but he believes that Mr. Zaret has done a very good job. There may be
personal issues and he understands that. They are now at a situation where Commissioner Rosen
Gonzalez wants another Aide.
Commissioner Rosen Gonzalez wants to bring an Aide that the Mayor does not have to approve,
because she has brought forward people that she knows she will not have problems with and they
have been refused by the Mayor repeatedly.
Mayor Levine explained that selection/termination of employees in the Office is part of his duty as
Mayor, it is in the Charter of the City, and it seems everyone else is happy with their Aides. When
it comes to this specific situation, there are two choices. They could allow the Commission to
allow Commissioner Rosen Gonzalez to bring in an Aide of her selection, and the Commission
can vote on her Aide like a board member, or he suggested selecting three Commissioners,
excluding himself and Commissioner Rosen Gonzalez, and let these three Commissioner be the
ones that decide who her Aide should be.
Commissioner Rosen Gonzalez stated that he did not do this to other Commissioners or anyone
else, so why she is being subjected to this. She stated that she is willing to sign paperwork
making herself responsible when choosing her Aide. She added that Mayor Levine has had three
Chiefs of Staff; and she tends to oppose the power structure quite often; and when that is done,
there are repercussions; this is filtering into her personal life. She would like for the Mayor to allow
her to bring an Aide and not refuse the person. Tanya Bhatt has a Yale degree, an Ivy League
education; she is super qualified; Harold Foster is qualified as well.
Mayor Levine stated that he would review the resume before selection and bring the right person
in the office.
Commissioner Rosen Gonzalez stated that the new Aide would represent her and her
constituents, which do not agree with the Mayor a great deal of the time; that is why her Aides and
her submissions are being refused. A large number of the people that she represents do not
necessarily agree with many of the Commissioners at the dais. She would like this to go through;
she has a person in mind, a friend of hers for 20 years.
Mayor Levine will be happy to review her resume.
Commissioner Arriola knows that Mayor Levine, in the case of Fatima and Gloria, former Chiefs of
Staff, had other department heads and the City Manager meet with the candidates and review the
resumes. He has also asked Aides to interview these people and he always tries to have
cohesion in City Hall. The Mayor is applying to himself the same standards they are asking
Commissioner Rosen Gonzalez to apply.
Commissioner Rosen Gonzalez proposed that the City Manager interview her Aide, or an
independent individual.
Discussion continued.
Commissioner Rosen Gonzalez selected Vice-Mayor Malakoff, Commissioner Steinberg and
Commissioner Grieco to review her Aide’s resume.
Mayor Levine asked the City Attorney if he could delegate his authority to approve Commissioner
Rosen Gonzalez’s Aide to the three members appointed; that the three members would make the
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 75 of 81
decision on Commissioner Rosen Gonzalez’s Aide; they will review the resumes and make a
selection. The designated proxy are Vice-Mayor Malakoff and Commissioners Grieco and
Steinberg.
Raul J. Aguila, City Attorney, stated that the Mayor may designate the three Commissioners as
his proxy.
Discussion held.
Commissioner Alemán stated that the Aides are employees of the City of Miami Beach, they
report to the Mayor’s Chief of Staff, and as Commissioners, they do not have the authority to hire
or fire their Aides. The statement that she hired Commissioner Rosen Gonzalez’s Aide is flawed.
Since it has come to this unnecessary forum; and she apologized to the individual involved, as
this is more hurtful to that person that it needs to be. The Aides and City Commission have to
work together and back each other up; they work together and pitch in to support, and it is a
dynamic that is helpful to the City Commission. Currently, her Aide is on vacation in France for
two weeks, and she greatly appreciates that her colleagues are willing to assist her with their
Aides. Since Mr. Zaret was still employed by the City and was idled, and while her Aide was out
on vacation; and since Mr. Zaret is very professional and experienced, coming from State
Representative David Richardson’s Office, she did ask him to assist her with work while her own
Aide was out on vacation; which is consistent with the work other Aides do. She can say that Mr.
Zaret, in addition to being very experienced, professional and diplomatic, has earned the
admiration and respect of other Aides, Commissioners and City staff. She appreciates his
courage for being here and listening to all of this.
Commissioner Grieco clarified that the Charter responsibilities for personnel matter in the Office of
the Mayor and Commission fall on the Mayor, and they are “taking off the assembly line” as this is
a unique situation. All the Aides still answer to the Mayor’s Office; that is how the Charter is set
up, and until the law is changed, that is where the buck stops. Commissioner Grieco cannot fire
his Aide, only the Mayor can, and they are not changing that structure. He agreed to participate in
interview/selection process to move forward and come up with a more cohesive seven-person
operation, but this does not change the rules. He does not want this to be misconstrued.
Commissioner Rosen Gonzalez added that she does not want to change the rules; however, she
does not want to submit more names that are rejected based on excuses that are not necessarily
founded.
Commissioner Alemán stated that they have not heard from the Director of Human Resources;
she added that there is also a very legitimate Human Resources reason to have these folks report
through this structure, and that is to provide checks and balances, to ensure that they are not
subject to discriminatory treatment, ensure that they are not asked to do things that are outside of
their responsibility as a Commission Aide, etc. If not followed, the City of Miami Beach is culpable
and has to answer to any legal issues that arise.
Commissioner Steinberg will participate as requested, but in closing, each one of them should
have a good working relationship with the Aide that they sit in the office with, and they want to
keep that in mind.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 76 of 81
11:48:17 a.m.
R9 X DISCUSSION ON REINSTATING THE STEERING COMMITTEE TO AID IN THE NORTH
BEACH MASTER PLAN IMPLEMENTATION PROCESS.
Commissioner Micky Steinberg
ACTION: Discussion held. Mayor Levine will reconvene the Mayor’s North Beach Master Panel
Steering Committee, with the prior members being reappointed. Nick Kallergis and Jeff Oris to
handle.
RECOMMENDATION:
Reconvene the Mayor’s North Beach Master Panel Steering Committee
City Clerk Rafael E. Granado mentioned that this was originally a Mayor Blue Ribbon Panel.
Mayor Levine requested reconvening the Mayor’s North Beach Master Panel Steering Committee.
Commission Steinberg asked Mayor Levine to reinstate the Mayor’s North Beach Master Panel
Steering Committee, so they could guide the City through the implementation of the North Beach
Master Plan process.
Mayor Levine agreed to re-implement the Mayor’s North Beach Master Panel Steering
Committee, and noted that a vote was not necessary as he is the only one authorized to create
these Blue Ribbon/Ad Hoc Committees. He added that the prior members would be reappointed.
12:19:56 p.m.
R9 Y DISCUSS ADOPTING A CHARTER BALLOT QUESTION ASKING CITY VOTERS WHETHER
CITY COMMISSIONERS SHOULD HAVE THE RIGHT TO HIRE AND FIRE THEIR OWN
ADMINISTRATIVE AIDES.
Commissioner Kristen Rosen Gonzalez
ACTION: Item withdrawn by the sponsor of the item.
Rafael E. Granado, City Clerk, asked Commissioner Rosen Gonzalez if Item R9 Y could be
withdrawn, as it was heard in conjunction with the discussion for item R9 W.
Commissioner Rosen Gonzalez responded in the affirmative.
11:47:37 a.m.
ADDENDUM MATERIAL 1
R9 Z DISCUSSION REGARDING THE TERMINATION FOR CONVENIENCE OF THE CITY’S STATE
LEGISLATIVE CONSULTING SERVICES AGREEMENT WITH CORCORAN & ASSOCIATES,
INC., AND SOUTHERN STRATEGY GROUP, INC., AND REALLOCATION OF FUNDING TO
THE OFFICE OF THE MAYOR AND CITY COMMISSION TO PERFORM SUCH SERVICES
INTERNALLY.
Office of the City Attorney
Mayor Philip Levine
ACTION: Discussion held. Motion made by Vice-Mayor Malakoff, seconded by Commissioner
Grieco; Voice-vote: 7-0. Offices of the City Attorney, Office of the City Manager and Judy
Hoanshelt to handle.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 77 of 81
Mayor Levine stated he put this on the agenda because the new Speaker of the House in
Tallahassee has made it very clear that municipalities should not be utilizing taxpayer funds to
pay to lobby the State Capital. Mayor Levine mentioned maybe they should fund it individually or
travel themselves to Tallahassee, or have a person in-house that keeps all of the departments
informed on what is going on Tallahassee. That person could be on the Manager side,
Mayor/Commissioner side, or it could be a joint effort. He believes it makes a great deal of sense
to reconsider, and he is not sure if they are getting their money worth with lobbyists; possibly, they
could create a budget for someone to work internally.
Commissioner Rosen Gonzalez stated that maybe they need to switch out the current lobbyist so
that they have someone who is more effective. She asked the Mayor if he planned to hire
someone. She mentioned that although the members of the City Commission are civil to one
another on the dais, the Commissioners are not always professional towards one another away
from public view. Maybe an independent lobbyist would be better, because she would not have to
worry about this. She cannot support this and told the Mayor if he insists that the current lobbyists
are no good, then the Mayor should hire a small lobbyist firm. She does not agree with the
Speaker of the House because he is a Republican radical. Commissioner Rosen Gonzalez is
worried about an internal employee conducting all the lobbying, because that internal employee
could be a political operative and she will be pushed more out of office. She believes if there is
going to be an internal worker, then there needs to be a serious conversation about inter-office
communication.
Mayor Levine stated this person could be on the City Manager side, which historically has been
the case. All of the Commissioners could work through the City Manager to deal with this person;
this person would not be a lobbyist, he/she will be in charge of tracking legislation and be the
point-of-contact. Most lobbyists are similar, and there is a limit in what they could do. He believes
the issue is using taxpayers’ money to fund lobbyists and they should create a budget to fund
internally the activities that have been conducted by the lobbyists.
Commissioner Grieco is in support of this item and keeping a person in house; he stated many
times lobbyist could not speak on certain issues because they have conflicts of interests.
Commissioner Steinberg suggested establishing parameters that the individual would oversee
and the timelines. She stated that the Legislative Session has not started, though the Committees
have, and Committees do a great deal of the work. Many things we do are not policy related, such
as storm water funding, master plan funding, and intelligence transportation services for traffic
signalization. Many line items are staff orientated. She is not sure how much work the lobbyist has
been doing or not doing. There would have to be transitional timeline to do this.
Mayor Levine agreed with Commissioner Steinberg and asked the City Manager for his opinion.
Jimmy L. Morales, City Manager, stated if they do bring a person internally then there has to be
some sort of transition. The number one rule if bringing it internally would be monitoring and
coordinating. Monitoring what is being proposed and where it stands, and coordinating which
elected official or employee needs to travel to Tallahassee.
Mayor Levine asked how much time the City Manager would need for the transition.
Jimmy L. Morales stated that Judy Hoanshelt, who handles grants, has been very involved and
she will work closely with the appropriate parties and she will be on top of what is needed
financially. The Manager is not sure how long the transition would take.
After Action January 11, 2017 Commission Meeting City of Miami Beach
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Commissioner Steinberg suggested studying this and bringing it back in three months and not
putting the City Manager on the spot, that way they could have more information.
Mayor Levine stated he would like to show that the City is making progress, if they finish the
transition before six months then that is great, and if they finish later then that is ok, as long as
they are working on it.
Jimmy Morales, City Manager, stated they should first get through the Legislative Session that
ends in May, then they could probably begin the transition.
Mayor Levine confirmed six months would be the estimated timeframe.
Vice-Mayor Malakoff thinks the person should be Administration under the City Manager. In
addition, it is more effective having elected officials and an in house person travel to Tallahassee
than having lobbyists.
Commissioner Rosen Gonzalez stated in her college for example, they have put in place a
legislative advocacy team that is headed by the in-house legislator. The team gets together and
the person coordinates all of their efforts and informs the college staff who will travel on what days
and who will speak to whom; they wear the same shirts and attack the issues. She is not sure if
her college’s legislative advocacy team is always effective. One can wear the same shirts all day
long, but if one does not have certain relationships with people then one is not effective. She
stated she is willing to try it for one year, though the City needs to have measurable goals. As
long as the right parameters are set then she will try it. She wants all elected officials to be
involved.
Mayor Levine would like this item to move forward; the objective would to go in-house, and for it to
go under the City Manager side. The City Manager is to come back with a full proposal on how it
will work.
Discussion held
3:47:03 p.m.
ADDENDUM MATERIAL 2
R9 AA DISCUSS PLACING "THANK YOU FOR NOT SMOKING" SIGNS AT EVERY PUBLIC BEACH.
Vice-Mayor Joy Malakoff
ACTION: Discussion held. Approved by acclamation. Tonya Daniels, John Ripple and John
Rebar to handle.
Vice-Mayor Joy Malakoff stated that the City is designating two voluntary smoke free beaches,
one in South Beach and one in North Beach. She thinks it would send a positive message to have
attractive designed signs that read “Thank You For Not Smoking” in every public beach in the
City. It is not enforceable and neither is the smoke free beach, but it is a good message to the
public; additionally, it will help keep our beaches beautiful, and people visiting the beaches would
enjoy the fresh air and ocean breeze without smelling cigarettes or cigars.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 79 of 81
R10 - City Attorney Reports
R10 A CITY ATTORNEY'S STATUS REPORT.
Office of the City Attorney
ACTION: Report given.
11:59:58 a.m.
R10 B NOTICE OF CLOSED EXECUTIVE SESSION
PURSUANT TO SECTION 447.605, FLORIDA STATUTES, A CLOSED EXECUTIVE SESSION
WILL BE HELD DURING RECESS OF THE CITY COMMISSION MEETING ON WEDNESDAY,
JANUARY 11, 2017, 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.
Raul J. Aguila, City Attorney, announced that a Collective Bargaining Attorney-Client Session
would take place in the City Manager’s Large Conference Room.
Reports and Informational Items
1. REPORT FROM COMMISSION COMMITTEES OF WITHDRAWN ITEMS NOT HEARD WITHIN
(6) SIX MONTHS FROM REFERRAL DATE.
Office of the City Clerk
ACTION: Report given.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 80 of 81
Miami Beach Redevelopment Agency (RDA)
City Hall, Commission Chamber, 3rd Floor, 1700 Convention Center Drive
January 11, 2017 – 2:00 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 Absent
Executive Director Jimmy L. Morales
General Counsel Raul J. Aguila
Secretary Rafael E. Granado
2:07:25 p.m.
ADDENDUM MATERIAL 1:
1. A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH
REDEVELOPMENT AGENCY (RDA), FOLLOWING A DULY ADVERTISED PUBLIC
HEARING, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE, AND WAIVING, BY 5/7TH VOTE, THE COMPETITIVE
BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST
OF THE CITY; AND APPROVING AND AUTHORIZING THE CHAIRPERSON AND
SECRETARY TO EXECUTE A LEASE AGREEMENT, SUBSTANTIALLY IN THE FORM
ATTACHED TO THIS RESOLUTION, BETWEEN THE CITY OF MIAMI BEACH AND THE
MIAMI BEACH REDEVELOPMENT AGENCY (COLLECTIVELY, LANDLORD) AND THE
MIAMI BEACH CHAMBER OF COMMERCE (TENANT), FOR THE USE OF
APPROXIMATELY 935 SQUARE FEET OF CITY-OWNED PROPERTY (PREMISES),
LOCATED AT 530 17TH STREET, MIAMI BEACH, FLORIDA, FOR A PERIOD OF TWO
(2) YEARS AND TWENTY-FIVE (25) DAYS, COMMENCING RETROACTIVELY ON
DECEMBER 7, 2016 AND ENDING ON DECEMBER 31, 2018. JOINT
REDEVELOPMENT AGENCY AND CITY COMMISSION
Tourism, Culture and Economic Development
ACTION: RDA Resolution 622-2017 adopted. Item heard in conjunction with Item R7 A.
Motion made by Board Member Malakoff; seconded by Board Member Rosen Gonzalez;
Voice vote: 7-0; Absent: Board Member County Commissioner Barreiro. Eva Silverstein
and Mark Milisits to handle.
2:07:04 p.m.
Recess City Commission Meeting and convene as the Miami Beach Redevelopment
Agency (RDA).
City Clerk Rafael Granado announced that Board Member County Commissioner Barreiro
was absent. City Clerk Granado announced that this is the companion item to R7 A.
Motion to approve the item by Board Member Malakoff; seconded by Board Member Rosen
Gonzalez.
2:07:28 p.m.
Adjourn as the Miami Beach Redevelopment Agency Meeting (RDA), and reconvene as the
City Commission.
After Action January 11, 2017 Commission Meeting City of Miami Beach
Page 81 of 81
Notices
1. MIAMI BEACH REDEVELOPMENT AGENCY (RDA) MEMBERS.
2. HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA.
3. USE OF AUDIO VISUAL EQUIPMENT IN THE COMMISSION CHAMBERS FOR
PRESENTATIONS DURING PUBLIC MEETINGS.
4. 2017 COMMISSION MEETING DATES.
5. ADVERTISEMENTS FOR THE JANUARY 11, 2017 COMMISSION MEETING.
City Clerk’s Note:
The title of the following public hearing, scheduled to be heard at 11:40 a.m., was published in
The Miami Herald, Ad 1255, on December 29, 2016. However, the item was withdrawn by the
Administration from the Commission Agenda:
11:40 a.m.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO
REQUEST FOR QUALIFICATIONS (RFQ) 2016-152-WG FOR REAL ESTATE BROKERAGE
SERVICES; APPROVING, BY 5/7 TH VOTE, FOLLOWING A DULY NOTICED PUBLIC HEARING,
KONIVER STERN GROUP’S REQUEST FOR A LIMITED WAIVER OF THE VENDOR
CAMPAIGN CONTRIBUTION REQUIREMENTS OF SECTION 2487 OF THE CITY OF MIAMI
BEACH CODE; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS
WITH KONIVER STERN GROUP; AND FURTHER, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT, UPON CONCLUSION OF SUCCESSFUL
NEGOTIATIONS BY THE ADMINISTRATION.
Meeting adjourned at 3:48:26 p.m.