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20170125 AA PAAfter Action January 25, 2017 Presentation & Awards Commission City of Miami Beach Page 1 of 15 Commission Meeting (Presentations & Awards) City Hall, Commission Chamber, 3rd Floor, 1700 Convention Center Drive January 25, 2017 - 5:00 PM Mayor Philip Levine Commissioner John Elizabeth Alemán Commissioner Ricky Arriola Commissioner Michael Grieco Commissioner Joy Malakoff Commissioner Kristen Rosen Gonzalez Commissioner Micky Steinberg City Manager Jimmy L. Morales City Attorney Raul J. Aguila City Clerk Rafael E. Granado Visit us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings. ATTENTION ALL LOBBYISTS Chapter 2, Article VII, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are available in the Office of the City Clerk. Questions regarding the provisions of the Code should be directed to the Office of the City Attorney. To request this material in alternate format, sign language interpreter (five-day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or participate in any City-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service).In order to ensure adequate public consideration, if necessary, the Mayor and City Commission may move any agenda item to an alternate meeting. In addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without reaching all agenda items. AGENDA Meeting called to order at 5:13:30 p.m. Pledge of allegiance lead by Deputy Chief of Police Rick Clements City Clerk’s Note: Pursuant to Ordinance 2015-3954, Sec. 2-12(3), addendum agenda item R10 A has been approved by Mayor Levine to be placed on the Commission Agenda. No additional vote is required. After Action January 25, 2017 Presentation & Awards Commission City of Miami Beach Page 2 of 15 Sec. 2-12(3) Reads: Addendum agenda items – Any item not included in the agenda submitted to the Mayor and City Commission on the initial print day must be submitted by the City Clerk to the Mayor for a determination whether the item is to be placed on the Agenda as an addendum item. If the Mayor declines to place the item on the agenda as an addendum item, then the item shall be submitted to the City Commission for a vote and the item shall only be considered at the City Commission Meeting upon a finding by the City Commission, by a five-seventh (5/7th) affirmative vote. NOTATIONS: List Commissioner Ricky Arriola as sponsor of item R5 A NEW ITEMS: PA 7, PA 8 & PA 9 WITHDRAWN PA 9 by Mayor Levine ADDENDUM MATERIAL 1: R10 A 5:14:44 p.m. Mayor Levine stated that Vice-Mayor Joy Malakoff wishes to make an announcement before the meeting commences. Vice-Mayor Malakoff wants to talk today about both, regrets and gratitude. As many of you know, she had a terrible accident this past July, while on vacation. This resulted in extensive spinal surgery. She was expected to recover fully in three months, and it has been six months, but her stamina has not returned; she has continued pain and discomfort; therefore, she has decided not to continue her re- election campaign. She thanked everyone in the audience who have already contributed to her campaign, and thanked many of her friends that hosted fundraisers. She is sorry to disappoint her supporters and friends, but she plans to stay involved with the City she loves, and intends to complete her term with dedication. Much has been accomplished, but there is much yet to come. Many improvements have taken place in the City during the past three years; she has been a full-time Commissioner with an open door and an accessible policy for all constituents. Major long-term projects have been addressed, such as cleaning up the Police Department, creating a good deal for the Convention Center, and re-enacting a meaningful local Office term limit policy that the voters adopted in the City Charter. She is proud of it all. Along with her fellow Commissioners, they have accomplished most of what she proposed in her platform in 2013. When she ran for Office, she promised to reduce the size of the McMansions. She is proud to sponsor Ordinances that require less lot coverage, smaller unit sizes, greater setbacks, more greenspace and smaller accessory buildings. She recently attended the groundbreaking of Sabrina’s Accessible Playground, which is accessible to all children, including those with disabilities. Sabrina’s Adaptive Beach has been very successful as well, allowing individuals with disabilities, including those in wheelchairs, to have actual access to the beach and into the ocean. The City’s future playgrounds will also have some accessible features. Other accomplishments of which she is especially proud of include the landscape Ordinances, with landscape now part of Public Works; the new commemorative tree program; the thousands of trees planted during the last several years, which provide more canopy for the City. In addition, the Fairchild Orchid Project will be introduced into Miami Beach with native, wild orchids to be placed in the City’s trees. Combating sea level rise and increasing the City’s resiliency, balancing the challenge of historic preservation, while protecting citizen’s property rights is also still being addressed; hours of alcohol sales have been reduced near residential areas; improvements have been made in local transportation with the addition of trolleys. She added that all along she has been a vote and a voice for the arts. Positive changes are already in After Action January 25, 2017 Presentation & Awards Commission City of Miami Beach Page 3 of 15 the works for Washington Avenue using Bernard Zyscovich’s Master Plan. They can look forward to parklets, more greenspace, sidewalk cafés and a cleaner street as that development continues. She has worked with Dover Kohl in the North Beach Master Plan, and is now together working to make historic preservation and responsible revitalization of North Beach a priority. A can on every corner with hundreds of trashcans installed and a cleaner City has been accomplished; even the brass plaques at City Hall outside the Chambers are now polished. So much more is needed, especially workforce and affordable housing, which the City Commission just discussed today during the Workshop. She had recommended that the future larger garages the City builds contain workforce housing, and that is going forward, but they need even more solutions. She urged the future Commission to be guided by ethical conduct, proper respect and decorum with colleagues and staff. Finally, to talk about gratitude, her huge thanks to Mayor Levine, fellow City Commissioners, City Attorney, City Clerk, City Manager, Assistant City Managers, Department Heads and all outstanding City employees, and the wonderful activists and City residents. She wanted to thank especially her husband Fred, in the audience, who has been extremely supportive, in sickness and in health, because he has been wonderful supporting her during her illness, and assisting her in proofreading City documents. She also thanked her Aide Bonnie Stewart for going beyond the call of duty every day. She will be forever grateful for this opportunity to serve the City of Miami Beach, the City she loves, and thanked everyone for bringing “Joy” to Miami Beach. Mayor Levine is honored to have served with Vice-Mayor Malakoff, whom he has known for a long time; she is a great friend; smart, an individual with a pure heart, and in tune with the details of items discussed during Commission meetings. It has been an absolute honor to serve with Joy. Her reputation and the effort she puts into this position have been incredible, and she has been a major part of the transition of the City. He thanked her for everything she has done. Commissioner Alemán stated that as a rookie Commissioner, she wants to honor Vice-Mayor Malakoff’s service, and thanked her for her guidance and helping her onboard effectively; she is truly grateful and pleased to have made a friend in Joy and Fred. She congratulated her on her excellent service. Commissioner Arriola stated that they still have a year to serve together, so he will reserve his goodbyes for later. Commissioner Steinberg agreed, but stated that it is great to have her at the dais this year. Commissioner Rosen Gonzalez stated that they have opposed each other on major initiatives, but she admires her dedication to growing the tree canopy, and the reduction of single-family homes. As the canopy trees grow and there is more shade, they will thank Vice-Mayor Malakoff. Commissioner Grieco will save the majority of remarks for the fall. Vice-Mayor Malakoff and he ran for Office together, and they have had amazing backroom conversations during the 2013 campaign. She will be sorely missed. After Action January 25, 2017 Presentation & Awards Commission City of Miami Beach Page 4 of 15 Presentations and Awards 5:40:15 p.m. PA 1 EMPLOYEE PERFORMANCE RECOGNITION. Office of the City Manager ACTION: Recognition made. Jimmy L. Morales, City Manager, explained that this is a traditional monthly recognition of Unclassified and Classified employees who have received annual performance evaluations that Exceed and/or Significantly Exceed Expectations. They receive a Certificate and a price award as well. Out of 78 employees, 17 employees received either Exceed Expectations or Significantly Exceed Expectations. He recognized the hard work they are doing. The following employees were recognized: CIP Francisco Torrens Exceeding Expectation CITY MANAGER’S OFFICE Thais Vieira Significantly Exceeding Expectation COMMUNICATIONS Kevin Pulido Exceeding Expectation EMERGENCY MANAGEMENT Ashley Michel Exceeding Expectation FINANCE Nattaly Cuervo Exceeding Expectation FIRE Robert Gibson Exceeding Expectation David Frazier, Jr. Exceeding Expectation Rolando Hernandez Significantly Exceeding Expectation FLEET Joyce Dickerson Exceeding Expectation OFFICE OF THE CITY CLERK Jason Salvatore Significantly Exceeding Expectation PARKS & RECREATION Eduardo Lara Exceeding Expectation POLICE Brittany Ferro Exceeding Expectation Denise Brown Exceeding Expectation Minnie Bishop Significantly Exceeding Expectation Mauvett Rattigan Exceeding Expectation Philippe Archer Exceeding Expectation Patricia Reeder Exceeding Expectation After Action January 25, 2017 Presentation & Awards Commission City of Miami Beach Page 5 of 15 PUBLIC WORKS Jesus Collado Significantly Exceeding Expectation Andrea Stringer Significantly Exceeding Expectation SANITATION Alvaro Rueda Exceeding Expectation Handouts or Reference Materials: 1. List of Recipients 5:43:22 p.m. PA 2 PRESENTATION BY THE MIAMI BEACH POLICE DEPARTMENT REGARDING THE CITY'S EFFORTS TO COMBAT HUMAN TRAFFICKING. Commissioner John Elizabeth Alemán ACTION: Presentation made. Commissioner Alemán stated that January is Human Trafficking Awareness Month and this is an issue that concerns her greatly, as a mother, and in general. During the last year, she spent time learning about how the City deals with Human Trafficking in the City. She met with Miami Beach Detectives Gary Aime and Bernadette Major, as well as with individuals from Homeland Security. She learned that human trafficking is the number two crime in the world, behind the drug trade. She did not know that Miami Beach and the Greater Miami area are one of the top five cities in the nation with this problem. This is a global and a local issue. This month, the Florida Department of Children and Families received 1,892 reports; up 54% from last year in cases of human trafficking. One-third of traffic victims are children. As a City, they need to recognize that there are individuals being trafficked presently, and that may be either sexually exploited or involved in labor trafficking. Recently, the adult website backpage.com had to shut down their adult page after having been accused of knowingly facilitating prostitution and child sex trafficking. This shows that education and vigilance matters. As the City is entering the budget season, it is important for this City Commission to understand the problem and know how much of the City’s resources are dedicated to this difficult and painful fight. Miami Beach Detective Gary Aime introduced himself, and stated he has been a Miami Beach Detective for fifteen years, and is currently assigned to the FBI Human Trafficking Task Force while working in conjunction with the Homeland Security Investigation (HSI) Task Force, and the Office of the City Attorney. He deals with minor exploitation, domestic servitude, domestic violence and labor trafficking. When they met with Commissioner Alemán, HSI Special Agent Vick Williams explained what is going on with Human Trafficking and how it is affecting Miami Beach in addition to how it is a global phenomenon. Click to view the Slide show. Commissioner Alemán asked Detective Aime to focus on what the City is doing and the size of the problem. Detective Aime added that the unit is made of himself and Detective Bernie Meyer and they are looking to expand the unit. At the moment, they only touch the sex trafficking part, but there is labor trafficking and visible domestic servitude in the City. There are workers in After Action January 25, 2017 Presentation & Awards Commission City of Miami Beach Page 6 of 15 Miami Beach that are being forced to work without pay. One of the major cases of domestic servitude happened with Federal Agents in D.C. in a prominent neighborhood. Commissioner Alemán added that the employer usually withholds the employee’s passport so that the “domestic servant” does not have freedom to leave the country. Detective Aime stated people are generally recruited from South America, Central America, and the Caribbean and they are recruited from an agency. Families are sometimes held for ransom to make sure the person coming to the United States is working for the recruiting agencies. Commissioner Alemán added that there is a large local component of children in the community that are victimized. Discussion continued. Commissioner Alemán stated Miami Beach is a major City where these types of crime occur, despite efforts of the Police Department, as there are only two detectives in this Task Force. She requested the Police Department to conduct an analysis and determine if there is a need to apply more employees to this Task Force, what it would look like, and present it to the Commissioners. Deputy Chief of Police Rick Clements stated that this is an issue that is not going to go away. He stated that they are reaching out to their Federal partners for assistance. Many of the issues are homegrown, while other issues are brought in from outside of Miami Beach. They are doing everything they can by reaching out and trying to consolidate partners to combat this issue. Commissioner Alemán stated that Homeland Security and the cases of trafficking would not inspect the resident status of the victim. Therefore, a victim of Human Trafficking could come forward with confidence and the Department of Homeland Security will not pursue their resident status. Deputy Chief Rick Clements thanked Commissioner Alemán for discussing this item. Handouts or Reference Materials: 1. Human Trafficking Modern Day Slavery and Typology 5:59:39 p.m. PA 3 PROCLAMATION PRESENTED TO ALAN LIEBERMAN, FOR HIS WORK IN HISTORIC PRESERVATION ACROSS THE CITY. Commissioner Kristen Rosen Gonzalez ACTION: Proclamation presented. Commissioner Rosen Gonzalez introduced the recipient. She explained that Mr. Lieberman has restored and preserved approximately 16 Art Deco and MiMo properties throughout Miami Beach; this makes Mr. Lieberman probably the premier historic preservationist in the City. She stated that he is proof that preservation can be profitable, and hopes more people in the community call on him for his advice and follow his business model. He is an asset to the City. After Action January 25, 2017 Presentation & Awards Commission City of Miami Beach Page 7 of 15 Commissioner Rosen Gonzalez read the Certificate into the record: “Whereas; Alan Lieberman is the owner of The South Beach Group - a burgeoning independent boutique hotel company in South Florida. The South Beach Group currently owns and operates 19 hotels on South Beach and one in Hollywood Beach, FL including The Shelley; The Whitelaw; The Chesterfield Hotel & Suites; Hotel Chelsea; The Catalina Hotel & Beach Club; Metropole South Beach, Riviera South Beach; Sunbrite Apartments, Lincoln Arms Suites, Tradewinds Apartment Hotel, Hotel Croydon and Hollywood Beach Hotel & Hostel, Oceanside Hotel; Seaside; and Waterside Hotel; and, Whereas; The South Beach Group is nationally recognized for owning hotels in premium locations and offering imaginatively designed boutique accommodations at affordable prices. The unique designs and party- friendly attitudes of the boutique properties have made them recognized as South Beach hot spots and a frequent destination of celebrities; and, Whereas; One of his first South Beach purchases was the Shelley Hotel, which Mr. Lieberman gutted and restored, Mr. Lieberman had a personal hand in renovating and decorating scores of old hotels so successfully that his efforts have won accolades from the Miami Beach Preservation League. He has continued this trend of restoring properties to their full glory by restoring the following gems in North Beach: The Waterside Hotel, The Oceanside Hotel, The Monticello Hotel; The Mt. Vernon Hotel, and others. Now Therefore, Do We, as Mayor and Commissioners of the City of Miami Beach, hereby proclaim January 25, 2017 as Alan Lieberman Day.” Alan Lieberman stated that during Mayor Levine’s first inauguration, he signed a directive to go to North Beach, and so they went to North Beach, where they found an alternative, parallel universe, $7 martinis, $15 dinners, free parking and concerts at the Bandshell, empty golf courses on the water and beautiful tennis courts. He stated that the buildings in North Beach are different; they are architecturally interesting. The Art Deco buildings are mostly square buildings; North Beach has fun designs that are great to work with and it fits the neighborhood great. Neighbors love the free trolley. North Beach is great. Commissioner Rosen Gonzalez thanked Diane Lieberman, because “behind a great man, there is a great woman.” Vice-Mayor Malakoff explained that Mayor Levine had to leave, but sends his regards. 5:25:36 p.m. City Clerk’s Note: Mayor Levine congratulated Mr. Lieberman and Nathan for all they do in their community. 6:06:29 p.m. PA 4 PROCLAMATION TO BE PRESENTED TO DAVID KELSEY, FOR HIS EXEMPLARY SERVICE TO THE COMMUNITY. Commissioner Michael Grieco ACTION: Proclamation presented. Commissioner Grieco stated that David Kelsey is a community activist in the City. He is “Mr. Tuesday’s Morning Breakfast Club”; which is an amazing phenomenon in Miami Beach, and several people on the dais could definitely attribute their success in politics to starting at the Tuesday Morning Breakfast Club. He personally contributes his success in politics to the Tuesday’s Morning Breakfast Club. It seems as if the Tuesday Morning Breakfast Club will have a renewed life. He read the Proclamation into the record: “Whereas; David Kelsey After Action January 25, 2017 Presentation & Awards Commission City of Miami Beach Page 8 of 15 grew-up in Miami, but left in the early 1960’s to move to Los Angeles, California, where he remained until the late 1980’s. Whereas; David spent most of his time there as a Senior Executive in the Hollywood entertainment industry involving entertainment technology, radio equipment for recording and high level sound reinforcement, and in the design and management of entertainment related projects; and W hereas; David Kelsey’s professional accomplishments in the entertainment industry cover a broad range, most notably in the introduction of new technologies. During his twenty-five years in the Los Angeles entertainment industry, he started new companies; pioneered new industries; produced, staged, and/or equipped numerous major special events; and designed and/or equipped a wide variety of entertainment and broadcast facilities, and returned to Florida in 1988, and is best known locally for his work on the design, development, and operation of the Park Washington Resort, which started in 1989 and ran through 1997; and subsequently, for his ongoing work as President of the South Beach Hotel and Restaurant Association, a hospitality trade association serving the hotels, restaurants, and nightclubs of South Beach; and Whereas; David Kelsey is the founder and has moderated the Tuesday Morning Breakfast Club for over two decades, which has provided a much needed public forum by inviting guests ranging from Congressional Representatives to Governors, State Representatives, Mayors and City Commissioners, Department Heads, and County officials, as well as non-government speakers. Under his leadership, the Tuesday Morning Breakfast Club has provided a safe place in this community for both civil political discourse and the enlightenment of Miami Beach residents on issues ranging from City government projects and County issues, to the impact of State policies and legislation; and Whereas; David Kelsey is a leader and innovator in the community that has amplified the voices of those in need, and worked tirelessly to ensure world class care for all. Time will continue to show the fruits of his labor. Now Therefore, Do We, as Mayor and Commissioners of the City of Miami Beach, hereby also proclaim January 25, 2017 as David Kelsey Day in the City of Miami Beach.” David Kelsey thanked Commissioner Grieco. Vice-Mayor Malakoff thanked Mr. Kelsey and hopes he will continue with the Tuesday Morning Breakfast Club. She will miss him. Commissioner Rosen Gonzalez added that her first political experience was at the Tuesday’s Morning Breakfast Club. She showed up at David’s Café, where she met a diverse group of people. She admires him and thanked him for his dedication to the City. Commissioner Alemán explained that during her campaign, the process was new to her, and she was told that the Tuesday Morning Breakfast Club is a right of passage. Mr. Kelsey has developed something that became an institution and will be carried on as his legacy. Commissioner Steinberg thanked Mr. Kelsey for his work as well, and stated that participating in the Tuesday Morning Breakfast Club is an experience everyone should have. 6:13:30 p.m. PA 5 CERTIFICATE OF RECOGNITION TO BE PRESENTED TO PRINCIPAL JUDITH A. CARDONA-DELGADO, FOR EXCELLENCE IN ADULT EDUCATION IN OUR COMMUNITY. Commissioner Michael Grieco ACTION: Certificate of Recognition presented. After Action January 25, 2017 Presentation & Awards Commission City of Miami Beach Page 9 of 15 Commissioner Grieco introduced Ms. Cardona-Delgado and read the Certificate into the record: “On behalf of the Mayor and Commission of the City of Miami Beach, we are proud to recognize Judith A. Cardona-Delgado for her excellence in Adult Education. Her drive and passion for our students is what sets Mrs. Judith Delgado apart from others. As the Principal of Miami Beach Adult and Community Education Center, she has streamlined the entire schools' outreach to serve better kids, teenagers, and seniors across Miami Beach. She shares the same passion for K-8 kids in the afterschool care program, teenagers at Beach High who need to earn their high school diploma, and ultimately, senior learners at the different centers in Miami Beach. If one has not met and interacted with Mrs. Delgado, then one has not met the consummate advocate for the voiceless and those living in the shadows of the American Dream and in our diverse community. Her main objective has been preparing our learners for the job market, college, entrepreneurship, and citizenship. Mrs. Delgado engages all members of the community by involving herself in the daily running of her many centers. She has admirably delegated authority to competent individuals who oversee the daily duties of his/her center or school. Whether it is the religious community, Police and Fire rescue, or the many businesses along the Beach, Miss Delgado has turned the MBAEC's mission into best preparing our students for the job market, college, entrepreneurship, and citizenship. One would be hard pressed to find a more diligent, fair, and involved principal who advocates professionally and effectively for student of all ages.” Commissioner Grieco presented the Certificate Recognition signed by the Mayor and City Commission and congratulated Ms. Cardona-Delgado. Judith A. Cardona-Delgado is humbled by this honor; she has been in the City for about three years. She thanked everyone in the community for embracing and welcoming her to the Miami Beach family. She accepts the Certificate on behalf of her staff and everyone who makes her look good. She also thanked her husband for his support. 6:18:31 p.m. PA 6 CERTIFICATE OF RECOGNITION TO BE PRESENTED TO MARIA MAQUIEIRA, OCTAVIO RODRIGUEZ, AND LISA SPENCE FROM WALGREENS ON 41ST STREET FOR HELPING THE MIAMI BEACH FIRE DEPARTMENT COLLECT TOYS FOR NEEDY CHILDREN. Commissioner Micky Steinberg ACTION: Certificates of Recognition presented to Maria Maquieira, Octavio Rodriguez and Lisa Spence for helping the Miami Beach Fire Department collect toys for their 2016 Toy Drive. Commissioner Steinberg stated that during the holiday season, every year the City is fortunate to have wonderful Toy Drives along with the Police and Fire Departments; particularly with the Fire Department, with the assistance of Walgreens, together they really make a magical, wonderful holiday season for many children in the community, that otherwise, would not have a special moment during the season. Therefore, she wants to thank them, recognize them, and appreciate what they do for the City and for what they give back to the community. She read the Certificates of Recognition into the record: “Certificates presented for helping collect toys for the 2016 Miami Beach Fire Department Toy Drive.” Michelle Viera, Firefighter, thanked Walgreens, for helping throughout the years; Maria and Octavio have always been there for the Fire Department and they appreciate that. After Action January 25, 2017 Presentation & Awards Commission City of Miami Beach Page 10 of 15 Octavio Rodriguez stated that they are proud to participate in this event and are looking forward to a better turnout this year. 6:21:44 p.m. PA 7 CERTIFICATES OF APPRECIATION TO BE PRESENTED TO THE PARKS AND RECREATION EMPLOYEES WHO ORGANIZED THE HOLIDAY SENIOR EVENT. Vice-Mayor Joy Malakoff ACTION: Certificates of Appreciation presented. Vice-Mayor Malakoff informed that this year the Parks and Recreation Department produced one of the most fabulous events the City has ever had. The décor, the music, the food, the dance and the entertainment, along with the Senior Chorus made it a great night. She introduced Cindy Casanova to explain. Cindy Casanova, Assistant Director, Parks and Recreation Department, stated that this year they had a new venue for the event; it was held at Jungle Island, since they were no longer able to use the Convention Center. Thanks to her amazing co-workers, they held a great event, and it was an amazing night. Vice-Mayor Malakoff read the Certificates into the record: “In Appreciation For All Your Time And Effort In Making Our 2016 Seniors’ Holiday Party So Successful. Thanks To Your Hard Work Our Miami Beach Seniors Had A Wonderful Holiday Celebration.” She recognized Lucinda Alonso, Maria Araujo, Johana Carballo, Kevin Cobas, Jacqueline Comptis, Edric De la Cruz, Paul DI Muont, Letty Ducos, Sergio Fuentes, Monet Guardado, Tracey Herrera, Eduardo Lara, Igor Lopez, Tammy Milz, Melody Perez, Andrew Plotkin, David Rodriguez and Daphne Saba. Jimmy L. Morales, City Manager, thanked the City Commission for recognizing the Parks and Recreation Department staff, and stated that the level of attention and the hard work they do, not only for this event, but for others is excellent. He added that John Rebar and staff do a phenomenal job on whatever they are called upon to do. Commissioner Alemán thanked the team for their efforts and for making residents feel special. 6:26:29 p.m. PA 8 CERTIFICATES OF RECOGNITION TO STEPHANIE MYERS, LAURA BRODER AND SANDY SKELANY, THE THREE ORGANIZERS OF THE WOMEN'S RALLY SOUTH FLORIDA. Commissioner Kristen Rosen Gonzalez ACTION: Certificates of Recognition presented. Commissioner Rosen Gonzalez stated that this past Saturday morning, Stephanie Myers, Laura Broder and Sandy Skelany, organized the South Florida Women’s Rally at Bayfront Park. Twenty-five thousand people showed up; 10,000 people were inside the amphitheater and a message was sent to the entire world. She was impressed by Stephanie’s humility since she successfully put together this rally after the election. It was a historic event, and After Action January 25, 2017 Presentation & Awards Commission City of Miami Beach Page 11 of 15 she was proud to take part in it. She read the Certificate into the record: “On behalf of the Mayor and Commission of the City of Miami Beach, we are proud to recognize Stephanie Myers, for her leadership in organizing and raising funds to host a rally for our South Florida community at the Bayfront Park amphitheater to hold a peaceful demonstration in a show of solidarity with the marchers in Washington D.C., around the country, and around the world. Within an hour of opening its gates, the Bayfront Park amphitheater lawns and seats were filled with more than 10,000 demonstrators. The crowd, so large in fact, that hundreds were unable to enter that park for the four-hour event. Loud speakers were positioned so that those waiting outside the amphitheater were able to hear the program. The march was one of hundreds around the globe to coincided with Saturday’s Women’s March on Washington, D.C., which drew roughly half a million people, taking place just a day after President Trump’s inauguration in an effort to mount a full-throated protest against Trump and Republican Congressional leaders on women’s rights. Thousands of women from South Florida trekked to the nation’s capital to take part in the march. The Miami rally focused on an array of causes built around human rights - women’s rights, immigrant rights, LGBT rights and environmental rights. Keeping access to healthcare after Republicans in Congress voted to repeal the Affordable Care Act, which has provided medical insurance to 20 million Americans, also drew many to the march. Make no mistake - the Women’s Rally of South Florida was not simply about women versus Trump - it was about people versus adversity created by anything or anyone against human rights.” Commissioner Rosen Gonzalez thanked them for everything done. Stephanie Myers stated the Women’s March was incredible and everyone that helped support this contributed to its success. She explained that Laura was unable to make it today, but they are humbled by the recognition. Commissioner Rosen Gonzalez added that Stephanie raised $70,000 to rent the amphitheater and gave people a venue to stand and raise their voices and is grateful for that. Sandy Skelany spoke. 5:14:29 p.m. PA 9 CERTIFICATE OF RECOGNITION TO BE PRESENTED TO DAVID ZARET FOR ALL HIS HARD WORK AND DEDICATION IN THE OFFICE OF THE MAYOR AND COMMISSION THIS PAST YEAR. Mayor Philip Levine ACTION: Item withdrawn by Mayor Levine. After Action January 25, 2017 Presentation & Awards Commission City of Miami Beach Page 12 of 15 REGULAR AGENDA 5:25:13 p.m. R5 A MEDICAL CANNABIS MORATORIUM ON ESTABLISHING USE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO ESTABLISHING A TEMPORARY MORATORIUM FOR UP TO AN ADDITIONAL 90 DAYS, THROUGH MAY 17, 2017, FROM THE EFFECTIVE DATE OF THIS ORDINANCE ON THE ACCEPTANCE, REVIEW, APPROVAL OR ISSUANCE OF ANY LAND DEVELOPMENT PERMITS AS THE TERM IS DEFINED IN FLORIDA STATUTES SECTION 163.3164(16), BUSINESS TAX RECEIPTS OR ANY OTHER LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATION OF DISPENSING FACILITIES WITHIN THE CITY ENGAGED IN THE ON-SITE DISTRIBUTION, SALE, DELIVERY OR RETAIL OF LOW-THC CANNABIS, MEDICAL CANNABIS OR CANNABIS DELIVERY DEVICES PURSUANT TO SECTIONS 381.986 AND 499.0295 OF THE FLORIDA STATUTES, IN ORDER TO PROVIDE THE CITY WITH AN OPPORTUNITY TO REVIEW AND ENACT REGULATIONS GOVERNING THE ESTABLISHMENT AND OPERATION OF DISPENSING FACILITIES; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO OCTOBER 19, 2016; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE. 5:01 p.m. First Reading Public Hearing Planning/Office of the City Attorney Commissioner Ricky Arriola and Vice-Mayor Joy Malakoff ACTION: Title of the Ordinance read into the record. Public Hearing held. Ordinance approved on first reading. Motion made by Commissioner Arriola to extend the moratorium for six months; seconded by Vice-Mayor Malakoff. Ballot vote: 4-3. Opposed: Mayor Levine and Commissioners Grieco and Rosen Gonzalez. 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. RECOMMENDATION: Moratorium extended through May 17, 2017 Commissioner Arriola stated that there is currently a moratorium that started in October 2016 and runs until March 18, 2017; the question before them is if they are willing to extend the moratorium until May. The issue is that the City is working on various zoning matters, and several potential medical marijuana dispensaries areas have been identified by the Land Use & Development Committee. He is suggesting extending the moratorium for an additional 60 days beyond the March deadline, so that the necessary zoning can be agreed upon. Vice-Mayor Malakoff stated that the majority of Miami Beach residents voted for medical marijuana, but people from various Miami Beach neighborhoods have been vocal that they do not want the dispensaries in their neighborhood. It is important to note that States that approved medical marijuana eventually legalized recreational marijuana within just a few years. She believes a two-month moratorium extension is important to get things right the first time. After Action January 25, 2017 Presentation & Awards Commission City of Miami Beach Page 13 of 15 Eve Boutsis, Chief Deputy City Attorney, stated that the moratorium ends whenever the Ordinance is completed; therefore, it would not have to stay into effect until the end of May 2017. Commissioner Rosen Gonzalez stated that there are no regulations or laws at the State level regarding medical marijuana. Eve Boutsis, Chief Deputy City Attorney, explained that the City has drafted comprehensive Ordinances, one regarding location and security, the other being a licensure Ordinance dealing with inspection, amount of money, background checks, inspections, etc. All of this was modelled after Massachusetts law at the direction of Commissioner Grieco. These Ordinances will come before the City Commission at the earliest in March 2017. Commissioner Rosen Gonzalez stated that many residents have been vocal in stating they do not want any type moratorium. They want the City to be encouraging and get behind medical marijuana. She asked if there was a real necessity for the moratorium in the first place. Discussion held regarding BTR and City regulations. Vice-Mayor Malakoff explained that extending the moratorium would provide the City with more time to draft and approve regulations. Commissioner Grieco stated that it is currently illegal to sell marijuana anywhere in Florida. No one can get a BTR for something that is illegal, and that includes medical marijuana dispensaries. He believes the moratorium is duplicative, and sends the wrong message to the people who voted in favor of medical marijuana. Discussion continued. Mayor Levine asked if any member of the public wished to express their opinion. There were no speakers. Commissioner Steinberg suggested having the first reading of these proposed Ordinances in March 2017. Ms. Boutsis clarified the process. The Land Development Regulations would first have to go to the Planning Board, and then to the City Commission for First and Second readings. Ballot vote: 4-3. Opposed: Mayor Levine and Commissioners Grieco and Rosen Gonzalez. Second Reading, Public Hearing scheduled for February 8, 2017 . Mayor Levine passed the gavel to Vice-Mayor Malakoff, as he has another meeting to attend. Handouts or Reference Materials: 1. Ad 1253 published in The Miami Herald After Action January 25, 2017 Presentation & Awards Commission City of Miami Beach Page 14 of 15 5:36:48 p.m. R5 B 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; AND TO AMEND THE PERMIT FEE, TO BE INCREASED WHEN THE CONSUMER PRICE INDEX (CPI) INCREASE IS 1.5% OR MORE, RATHER THAN A CPI INCREASE OF 5 PERCENT OR MORE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. First Reading - Deferred from January 11, 2017- R5 H Public Works Commissioner Ricky Arriola ACTION: Title of the Ordinance read into the record. Ordinance adopted on first reading. Motion made by Commissioner Arriola to approve the item; seconded by Commissioner Alemán. Ballot vote: 6-0; Absent: Mayor Levine. Second Reading, Public Hearing scheduled for February 8, 2017 . Rafael E. Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. Eric Carpenter to handle. Jay Fink, Assistant Public Works Director, introduced the item. This is a continuation of an item discussed at the last City Commission meeting. It picks up on what Vice-Mayor Malakoff indicated in regards to the fee increases. Instead of a 5% CPI, it has been reduced to 1.5% CPI. Commissioner Arriola stated that this item was requested by staff and he deferred to them on the matter. The City Commission supports this item on an Administrative position. Vice-Mayor Malakoff added that the Finance Department was unable to get partial payments due to the new computer system. R7 - Resolutions 5:39:13 p.m. R7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A DONATION IN THE AMOUNT OF $250.00 FROM KAROSEN STRATEGIC PARTNERS, LLC, TO BE UTILIZED BY THE CITY OF MIAMI BEACH'S YOUTH COMMISSION, AND APPROPRIATING THE $250.00 DONATION TO THE CITY'S EDUCATION FUND. Organizational Development Performance Initiatives ACTION : Resolution 2017-29723 adopted. Motion made by Commissioner Alemán to approve the item; seconded by Commissioner Arriola. Ballot vote: 6-0; Absent: Mayor Levine. Dr. Leslie Rosenfeld to handle. Dr. Leslie Rosenfeld, Chief Learning Development Officer, informed that the City received a check for $250 from Kent Karosen of Karosen Strategic Partners, LLC. to support the City’s Youth Commission efforts. After Action January 25, 2017 Presentation & Awards Commission City of Miami Beach Page 15 of 15 R10 - City Attorney Reports 4:45:00 p.m. R10 A CLOSED ATTORNEY-CLIENT SESSION. PURSUANT TO §286.011, FLORIDA STATUTES, THE CITY ATTORNEY HEREBY ADVISES THE MAYOR AND CITY COMMISSION THAT HE DESIRES ADVICE CONCERNING THE FOLLOWING PENDING LITIGATION MATTER: BAKE HOUSE SB, LLC V. THE CITY OF MIAMI BEACH, CASE NO. 17-CV-20217-JAL, UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA. THEREFORE, A PRIVATE CLOSED ATTORNEY-CLIENT SESSION WILL BE HELD AT 4:45 P.M. ON JANUARY 25, 2017, IN THE CITY MANAGER’S LARGE CONFERENCE ROOM, FOURTH FLOOR, CITY HALL TO DISCUSS SETTLEMENT NEGOTIATIONS AND/OR STRATEGY RELATED TO LITIGATION EXPENDITURES WITH REGARD TO THE ABOVE-REFERENCED LITIGATION MATTER. THE FOLLOWING INDIVIDUALS WILL BE IN ATTENDANCE: MAYOR PHILIP LEVINE; MEMBERS OF THE CITY COMMISSION; MICKY STEINBERG, JOY MALAKOFF, MICHAEL GRIECO, RICKY ARRIOLA, KRISTEN ROSEN GONZALEZ, AND JOHN ELIZABETH ALEMÁN; CITY MANAGER JIMMY L. MORALES, CITY ATTORNEY RAUL J. AGUILA, CHIEF DEPUTY CITY ATTORNEY DON PAPY, AND FIRST ASSISTANT CITY ATTORNEY ROBERT ROSENWALD. Office of the City Attorney ACTION: Closed Attorney-Client Session announced and held. 4:27:38:00 p.m. Raul J. Aguila, City Attorney, announced that an Attorney-Client session shall commence and will be held at 4:45 p.m. in the City Manager’s Large Conference Room, Fourth Floor, regarding the following case: Bake House Sb, LLC v. The City of Miami Beach, Case No. 17-CV-20217-JAL, United States District Court, Southern District Of Florida. The following individuals will be in attendance: Mayor Philip Levine; Members of the City Commission; Micky Steinberg, Joy Malakoff, Michael Grieco, Ricky Arriola, Kristen Rosen Gonzalez, And John Elizabeth Alemán; City Manager Jimmy L. Morales, City Attorney Raul J. Aguila, Chief Deputy City Attorney Don Papy, and First Assistant City Attorney Robert Rosenwald. 5:24:39 p.m. Raul J. Aguila, City Attorney, announced that the Attorney-Client Session that was held at 4:45 p.m., in the City Manager’s Large Conference Room regarding the lawsuit entitled: Bake House SB, LLC V. the City of Miami Beach, Case No. 17-CV-20217-JAL, United States District Court, Southern District of Florida has terminated, and the City Commission Meeting is hereby reopened. Handouts or Reference Materials: 1. LTC 037-2017 Bake House SB, LLC d/b/a/ Bake House w. CMB Meeting adjourned at 6:32:00 p.m. F:\CLER\COMMON\2017\02_January 25 2017 PA\01252017 REG FINAL.docx