20170208 AAAfter Action February 8, 2017 Commission Meeting City of Miami Beach
Page 1 of 115
Commission Meeting (Presentations & Awards)
City Hall, Commission Chamber, 3rd Floor, 1700 Convention Center Drive
February 8, 2017 - 8:30 a.m.
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 8:30:00 a.m. by Vice-Mayor Malakoff.
Invocation led by Pastor Aida Ramirez, Miami Beach Police Chaplain.
Pledge of allegiance lead by Chief Daniel Oates.
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ADDENDUM MATERIAL 1:
C7 V R9 Q
ADDENDUM MATERIAL 2:
R7 R R7 S R9 R R9 S
ADDENDUM MATERIAL 3:
C4 O R9 T
SUPPLEMENTAL MATERIAL 1:
R5 N Revised Memorandum & Ordinance
R7 P Memorandum & Resolution
R9 J Map
SUPPLEMENTAL MATERIAL 2:
C7 T Resolution
C7 U Resolution
R7 F Revised Memorandum & Resolution
R7 N Resolution
SUPPLEMENTAL MATERIAL 3:
C7 W Resolution – Item moved from R9 R
R7 Q Memorandum
Rafael E. Granado, City Clerk, announced the following into the record:
City Clerk’s Note:
Pursuant to Ordinance 2015-3954, Sec. 2-12(3), addendum agenda items C4 O, C7 V, R7 R,
R7 S, R9 Q, R9 R, R9 S and R9 T 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 (5/7th)
affirmative vote.
CORRECTIONS
C7 R - Update RECOMMENDATION section of the memorandum with the following: Based
upon the foregoing, the City Manager recommends that the Mayor and City Commission waive
the formal competitive bidding requirement, by a 5/7 th vote, as permitted under Section 2-367(e)
of the City Code, as being in the best interest of the City.
NOTATIONS:
C7M Underground Easement, has been distributed on the dais.
Move item R9 R to Consent item C7 W - Discuss Waiving Permit Fees for GroundUp Music
Festival.
Add Commissioner Michael Grieco as Co-sponsor to R5 B.
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Add Commissioner Steinberg as Co-sponsor of item R5 O.
Add Commissioner Rosen Gonzalez as Co-sponsor of item R7 M.
ITEMS DEFERRED TO MARCH 1, 2017:
C7 E - Award RFQ 2017-003-KB A/E Design Services - 1st Street.
C7 N - Waive Bid/Agreement with Ribbeck, Indian Creek Drive/26 th - 41 st Street Flood
Mitigation.
C7 S - Waive City Fees, Ruck for Vets March. (Aleman)
R5 M - Ch. 82, Sidewalk Cafe - Hospitality training requirement. (Arriola)
R7 G - RFP 2016-091-KB, West Avenue Improvements Phase II North of 14 Street.
R7 H - RFP 2016-090-KB, West Avenue Improvements Phase II South of 14 Street.
ITEMS WITHDRAWN:
R7 O Agreement with AT&T for Next Generation E911
ITEMS SEPARATED:
C4 B, C7 L, C7 T and C7 R separated by Commissioner Alemán
C7 R separated by Commissioner Arriola
C2 C, C4 A, C4 B, C4 C, C4 D, C4 F and C4 G separated by Commissioner Rosen Gonzalez
C4 G, C4 M, C4 L and C7 V separated by Commissioner Steinberg.
AGENDA
5:39:25 p.m.
PA 1 CERTIFICATES OF APPRECIATION TO BE PRESENTED TO THE MEMBERS OF
THE BAND INBLUE FOR VOLUNTEERING THEIR TIME TO PERFORM AT THE
MIAMI BEACH POLICE DEPARTMENT TOY DRIVE.
Commissioner Micky Steinberg
ACTION: Certificates presented.
Commissioner Mickey Steinberg read the following acknowledgement:
“I just want to quickly acknowledge some of the outside agencies that are here today.
InBlue is a volunteer band and all equipment/instruments are purchased with member’s
personal funds. InBlue Police Band is the only South Florida multijurisdictional band that
has united with the mission of bridging the gap between the community and police. The
band is not only a role model for the community, but has brought local law enforcement
agencies closer together. InBlue Band is made up of six police agencies: Coral Gables
Police Department, Doral Police Department, Miami-Dade County Police Department,
Miami Beach Police Department, Miami-Dade School Police, and the City of Miami
Police Department. Commander Francisco Fernandez is the founder, director, and
drummer of InBlue Band. He founded the band a few years ago, and the band has
performed at over 50-community events; and they have donated countless hours of their
personal time to practice and perform for the community. The reason I’m singling them
out today, is because at our Miami Beach Toy Drive for the children that we do annually,
they were there on their time, the band was amazing, the kids had a great time, they
made the experience that much better, and I thought they should be recognized.”
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Certificates presented to the following individuals:
Commander Francisco Fernandez, Miami Police Department
Sergeant Tomas Salcedo, Coral Gables Police Department
Officer Luis Pla, Miami Police Department
Officer Amado Ventura, Miami Police Department
Officer Orlando Seevedra, Doral Police Department
Officer Christina O’Neal, Miami Beach Police Department
Officer Jason Whiting, Miami-Dade School Police Department
Sergeant Lizlinda Bremer, Miami Police Department
Officer Luis Rivera, Miami-Dade Police Department
Officer Yelitza Cedano, Miami Police Department
Miami Beach Police Chief Daniel Oates introduced Commander Fernandez.
Commander Fernandez stated they are humbled and honored to be here today, and
thanked the City for recognizing the band. He provided some background on the band,
stating that 25 years ago when he first became a Police Officer and coming from a
musical family, he knew there was another way to speak to the community. Music is the
international language and it has been extremely effective in our communities. They are
going to continue on the mission because they feel they have broken barriers and built
bridges. He is thankful and proud of everyone here today. He could not have done it
without Officer Christina O’Neal and he thanked the City of Miami Beach for allowing her
to be a part of this.
5:47:15 p.m.
PA 2 CERTIFICATES OF RECOGNITION TO THE MIAMI BEACH POLICE OFFICERS
WHO, THROUGH THE USE OF AUTOMATED LICENSE PLATE READERS AND
EXCELLENT POLICE AND INVESTIGATIVE TACTICS, SUCCESSFULLY IDENTIFIED,
CHASED DOWN AND APPREHENDED A DANGEROUS INDIVIDUAL IN MIAMI
BEACH.
Commissioner John Elizabeth Alemán
ACTION: Certificates of Recognition presented to Officer Tavaris Small, Detective Philip
Henson, Crime Scene Tech Andrea Amy, Officer Ronald Suarez and Detective Reinaldo
Casas.
Miami Beach Police Chief Daniel Oates described the incident: “This is an opportunity to
highlight how incredibly valuable these license plate readers can be in the normal course
of policing. The story here involves capturing a really bad person. It is a tremendous
relief to the citizens of Miami Beach that he was taken off the streets. This occurred on
January 29 at 5:00 in the afternoon. Officers Suarez and Small, who are here today,
were proactively monitoring vehicular traffic on one of our arteries, on 5 th Street. They
encountered a license plate read with their equipment that showed an apparently stolen
car. In the end, not only was the car stolen, the plate was also stolen. Therefore, the
plate did not even match the car. They attempted to stop the car in the vicinity of 5 th
Street and Ocean and the driver took off. This is not uncommon. We have a policy of not
chasing stolen cars in the City because it is too dangerous. It does not mean that on
occasion drivers do not, when we attempt to stop them, drive off at a reckless and
dangerous rate of speed. That is what he did. The Officers attempted to follow, and the
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car impacted a bus in the 700 block of Washington Avenue. The impact was so
devastating that the bus was forced into oncoming southbound traffic. As a result, there
was the initial crash with the car that was fleeing and then the bus crashed with another
car. Two people were hurt, thankfully with non-life threatening injuries. The suspect got
out and ran. Officers Small and Suarez chased him and he was captured in the 800
block of Pennsylvania Avenue. Further investigation determined that not only the car and
license plate were stolen; the subject who was arrested was wanted for armed robbery
in New Jersey, and for a serious arson out of Iowa. Inside the car was a stolen firearm,
significant contraband associated with production of phony IDs. He was charged with a
multitude of charges here in Florida, but he will probably be extradited to face the bank
robbery charge first. It is a classic example of both good police work and the value of this
equipment.”
Chief Oates said the City has nine mobile license plate readers in the fleet, and fixed
license plate readers on the Venetian Causeway as well as another fixed location. They
are working to establish additional locations but have challenges with the right-of-way on
FDOT roads.
3:13:54 p.m.
NEW ITEM
PA 3 PROCLAMATION TO BE PRESENTED IN HONOR OF GREENBERG TRAURIG'S
50TH ANNIVERSARY, AND PROCLAIMING MARCH 14TH AS GREENBERG
TRAURIG DAY.
Mayor Philip Levine
ACTION: Proclamation presented.
Mayor Levine read the following proclamation into record:
“In 1967, Melvin Greenberg, Robert Traurig and Larry Hoffman founded the law firm of
Greenberg Traurig Hoffman in Miami, Florida. The three local attorneys, who had a
successful record of accomplishment in the field of law, would lay the foundation for
what would eventually lead the firm to worldwide expansion. In the last 50 years,
Greenberg Traurig Hoffman’s team of visionaries played an important role in the
development of the urban fabric of the metropolitan areas including the incredible skyline
that we enjoy, stretching from Miami Beach, Miami, south to Coral Gables, north to
Aventura and Sunny Isles, and west to Doral, including all of Miami-Dade County.
Community service has always been part of the firm’s key values. Greenberg Traurig’s
attorneys and staff strive to give back and make a difference in each of the communities
they serve. They provide volunteer leadership and financial support for a wide variety of
important causes that include education, arts, culture, human services, health care, the
environment, and many more. The firm has received numerous accolades for its
contributions of pro bono legal work to many worthwhile organizations across the
country, fighting for the underprivileged and helping to change laws. Fifty years after its
founding, Greenberg Traurig has more than 2,000 attorneys and 38 locations on three
continents. Since its inception, the firm has maintained its filing office in the City of
Miami, where it employs 473 people in two Downtown offices in Miami and the City of
Doral for a total of 837 people in Florida. The firm has a reputation for its commitment to
serving as a trusted business advisor to its clients, providing exceptional service and
embracing diversity. Greenberg Traurig consistently ranks among the largest firms in the
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country. Now therefore do I, Philip Levine, as the mayor of the City of Miami Beach,
hereby proclaim March 14, 2017 as Greenberg Traurig Day in the City of Miami Beach.
Thank you all.”
Vice-Mayor Joy Malakoff added that when her grandmother hired her lawyer who she
needed, she hired Mel Greenberg just out of law school. It was before Greenberg
Traurig - before he met Bob Traurig. She remembers him not only for that, but he
married one of her good friends from Miami Beach High School. This proclamation and
honor is wonderful.
Matt Gorson, Senior Chair of Greenberg Traurig, stated that he has had the pleasure of
appearing before predecessor Commissions many times and he was always treated
fairly. He wanted to thank the City of Miami Beach, the Mayor, the Commission, the
Manager, and City Attorney and invited them to a gala reception at the Perez Art
Museum in Downtown Miami. He thanked the City and added that it is an honor to work
here and they hope to survive another 50 years and appear before the City many times.
CONSENT AGENDA
9:02:00 a.m.
Motion made by Commissioner Arriola; seconded by Commissioner Vice-Mayor Malakoff to
approve the Consent Agenda, except for separated items. Voice-vote: 7-0.
C2 - Competitive Bid Reports
C2 A REQUEST FOR APPROVAL TO ISSUE REQUEST FOR PROPOSALS (RFP) NO.
2017-075-KB FOR EMERGENCY SHELTER BEDS TO SERVE HOMELESS
POPULATION.
Housing & Community Services/Procurement
ACTION: Request approved. Maria Ruiz and Alex Denis to handle to bring item back
to the March 1, 2017 Commission meeting.
Clerk’s Note: Request as approved did not contain adequate information.
C2 B REQUEST FOR APPROVAL TO ISSUE REQUEST FOR QUALIFICATIONS (RFQ) NO.
2017028-KB CONSTRUCTION ENGINEERING AND INSPECTION (CEI) FIRMS TO
PROVIDE VARIOUS CEI SERVICES ON AN "AS NEEDED" BASIS.
Public Works/Capital Improvement Projects/Procurement
ACTION: Request approved. Eric Carpenter, David Martinez and Alex Denis to
handle.
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9:28:35 a.m.
C2 C REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) NO.
2017-077-JC TO DESIGN, FURNISH, INSTALL, MAINTAIN, REMOVE AND STORE
HOLIDAY LIGHTING AND DECORATIONS.
Property Management/Procurement
ACTION: Request approved by acclamation. Item separated by Commissioner Rosen
Gonzalez. Adrian Morales and Alex Denis to handle.
Commissioner Rosen Gonzalez stated that she received many complaints over the
City’s holiday lighting display last year. She is happy that the City is being proactive in
getting better decorations so that 41 st Street and South Beach can be appropriately
decorated for the holiday season.
City Manager Morales stated that this is Phase 1 of the RFP, to get new decorations and
designs. Phase 2 will be through the Public Works Department to provide electricity
access so that the desired lights could be installed for the holidays.
C2 D REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION
TO BID (ITB) No. 2017-039-JC FOR PLUMBING SERVICES.
Property Management/Procurement
ACTION: Request approved. Adrian Morales and Alex Denis to handle.
C2 E REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION
TO BID (ITB) No. 2017-027-ZD FOR LOTTIE APARTMENTS BUILDING
REHABILITATION PROJECT.
Housing & Community Services/Procurement
ACTION: Request approved. Maria Ruiz and Alex Denis to handle.
C4 - Commission Committee Assignments
9:27:57 a.m.
C4 A REFERRAL TO NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE FOR
DISCUSSION CONCERNING FUTURE USE OF THE WEST LOTS.
Tourism, Culture and Economic Development
ACTION: Item referred by acclamation. Item separated by Commissioner Rosen
Gonzalez. Referred by acclamation. Morgan Goldberg to place on the Committee
Agenda. Eva Silverstein to handle.
Commissioner Rosen Gonzalez explained that she pulled the item because she was
unsure of the development of the West lots, but agreed to discuss the item at the
Neighborhood/Community Affairs Committee.
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9:02:28 a.m.
C4 B REFERRAL TO FINANCE AND CITYWIDE PROJECTS COMMITTEE FOR
DISCUSSION REGARDING A SKATE PARK/PARKING STRUCTURE AT 72ND
STREET PARKING LOT (P92).
Tourism, Culture and Economic Development
ACTION: Item referred to the Finance & Citywide Projects Committee and to the North
Beach Master Plan Steering Committee by acclamation. Item separated by
Commissioners Alemán and Rosen Gonzalez. John Woodruff to place on the Finance
Committee & Citywide Projects Committee Agenda. Jeff Oris to place on the
Mayor’s North Beach Master Plan Steering Committee Agenda. Eva Silverstein to
handle.
REFERRAL:
Finance & Citywide Projects Committee; and
Mayor’s North Beach Master Plan Steering Committee.
DIRECTION:
1. Initiate an in-depth review of utilities located under the 72 nd Street parking lot; and
2. Engage the P3 consultant to put together an RFP for the structure.
Commissioner Alemán stated that the skate park or all-wheels park addition to North
Beach is something that has been extensively discussed; and in fact, it is even in the
North Beach Master Plan. In May 2016, there was a public input session, and the public
favored the 72 nd Street lot. In October 2016, Calvin Giordano did some park concepts
and presented those to the Neighborhood/Community Affairs Committee. The
Neighborhood/Community Affairs Committee unanimously favored the 72 nd Street lot.
She believes the City needs to work more on the concept. She would also like to see the
item referred to the North Beach Steering Committee. She gave direction to staff on two
things: 1) initiate an in depth review of utilities. Many major utilities are under the parking
lot and need to be considered, because some of those might be aging and candidates
for replacement; and 2) engage the P3 consultant to put together an RFP for the
structure. She believes there is an opportunity to have a library, and retail on-site.
Commissioner Rosen Gonzalez stated that she was nervous about the 72 nd Street lot
being built up and funded right away. She does not believe it has been vetted enough
though. She supports a Committee referral, and would like to do community outreach so
that residents know what the City is doing. She believes residents will be opposed to
repurposing this parking lot.
Vice-Mayor Malakoff suggested having an emphasis in adding a skate park versus an
all-wheels park, because it will allow for more green space.
Commissioner Rosen Gonzalez suggested not referring the item to the Finance
Committee, but exclusively to the Mayor’s North Beach Master Plan Steering
Committee, because it is not yet clear what project the City will be funding.
Commissioner Alemán added that she wants to focus on this being a new park with
some recreational amenities, which include all-wheel activities.
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Commissioner Steinberg stated that the item is currently in the
Neighborhood/Community Affairs Committee, and awaiting direction from the City
Commission on how to proceed for the next meeting.
Mayor Levine asked whether there was consensus to refer the item to the Mayor’s North
Beach Master Plan Steering Committee in addition to the Finance & Citywide Projects
Committee.
Item referred to both the Mayor’s North Beach Master Plan Steering Committee and the
Finance & Citywide Projects Committee by acclamation.
9:30:13 a.m.
C4 C REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE AND THE
PLANNING BOARD - ORDINANCE AMENDMENT PERTAINING TO RM-1 AND RM-2
DEVELOPMENT REGULATIONS AND PARKING REQUIREMENTS.
Planning
Commissioner John Elizabeth Alemán & Vice-Mayor Joy Malakoff
ACTION: Item dually referred to the Land Use and Development Committee and the
Planning Board. Commissioner Alemán motioned to dually refer items C4C, C4D, and
C4F to the Land Use & Development Committee and the Planning Board; seconded by
Commissioner Arriola; Voice-vote: 6-1; Opposed: Commissioner Rosen Gonzalez.
Thomas Mooney to place on the Land Use & Development Committee Agenda and
Michael Belush to place on the Planning Board Agenda; Thomas Mooney to
handle. Items to be heard sequentially, first at the Land Use & Development
Committee and then at the Planning Board.
Clerk’s Notes: Items C4 C, C4 D and C4 F were heard in conjunction.
REFERRAL:
Dual referral to the Land Use & Development Committee and Planning Board
MOTION 1:
Commissioner Alemán motioned to refer dually items C4C, C4D, and C4F to the Land
Use & Development Committee and the Planning Board; seconded by Commissioner
Arriola. Voice-vote: 6-1. Opposed: Commissioner Rosen Gonzalez.
MOTION 2:
Commissioner Steinberg motioned to have items originating at the Mayor’s Blue Ribbon
Panel on Sea Level Rise to be dually tracked to the Sustainability Committee; seconded
by Commissioner Alemán. Voice-vote: 7-0. Bruce Mowry and Elizabeth Wheaton to
place such items on the Sustainability and Resiliency Committee Agenda.
Commissioner Rosen Gonzalez explained that she pulled items C4C, C4D, and C4F,
because they increase building height, and as such can potentially increase FAR due to
sea level rise. She does not want these items to be dually referred, but instead she
wants them to go to first to the Land Use & Development Committee.
Susanne M. Torriente, Assistant City Manager, stated that these are Land Use
amendments and have been discussed at the Mayor’s Blue Ribbon Panel on Sea Level
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Rise for three to four months. The items were requested to be dually referred in an effort
to speed up the process.
Scott Robins, Chairman of the Mayor’s Blue Ribbon Panel on Sea Level Rise, explained
that there is no FAR height increase included. There will be a minimum height increase
to accommodate the first floor elevation so buildings can adapt to the future sea level
rise. This is the time to act; builders are looking to the City for guidance on building
resiliency.
Vice-Mayor Malakoff stated that the FAR might be relocated within the property, but not
adding more to it.
Discussion held on resiliency guidance.
Commissioner Rosen Gonzalez stated that in the past, dual referrals were only done for
emergency items. It seems to her that many items passed by the Land Use &
Development Committee are being dually referred. She believes that allowing further
discussion and resident input on these matters will be productive.
Mayor Levine disagreed with Commissioner Rosen Gonzalez, and stated that he
believes flooding is an emergency, and the City needs to act quickly because builders
are expecting guidance.
Commissioner Steinberg approves of the dual referral in this instance, but believes items
such as this one should go to the Sustainability Committee so that there are no
misconceptions.
Discussion continued.
Commissioner Grieco respects the fact that this item is an emergency, but he agreed
with Commissioner Rosen Gonzalez that normal protocol should be followed. Items are
sent to the Land Use & Development Committee so that elected officials can draft the
language, to be reviewed later by the Planning Board, and finally voted on by the City
Commission.
Ms. Torriente stated that the items will go to the Land Use & Development Committee,
and then the Planning Board and they will ultimately return to the City Commission for
votes.
Moved by Commissioner Alemán as a dual referral; seconded by Commissioner Arriola.
Point of clarification by Commissioner Grieco. He explained that the dual referral would
not appear before the Planning Board until it has gone through the Land Use &
Development Committee.
Second motion made by Commissioner Steinberg asking for items originating at the
Mayor’s Blue Ribbon Panel on Sea Level Rise to be dually tracked to the Sustainability
Committee so that there is an additional step in the process.
Commissioner Grieco recommended that any proposed Ordinance originating from the
Mayor’s Blue Ribbon Panel on Sea Level Rise be submitted for review by the
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Sustainability Committee via the monthly report issued by the Mayor’s Blue Ribbon
Panel on Sea Level Rise.
C4 D REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE AND THE
PLANNING BOARD - ORDINANCE AMENDMENT PERTAINING TO MAXIMUM
BUILDING HEIGHTS IN COMMERCIAL ZONING DISTRICTS AND ALLOWABLE
HEIGHT EXCEPTIONS.
Planning
Commissioner John Elizabeth Alemán & Vice-Mayor Joy Malakoff
ACTION: Item dually referred to the Land Use and Development Committee and the
Planning Board. Commissioner Alemán motioned to dually refer items C4C, C4D, and
C4F to the Land Use & Development Committee and the Planning Board; seconded by
Commissioner Arriola; Voice-vote: 6-1; Opposed: Commissioner Rosen Gonzalez.
Thomas Mooney to place on the Land Use & Development Committee Agenda and
Michael Belush to place on the Planning Board Agenda; Thomas Mooney to
handle. Items to be heard sequentially, first at the Land Use & Development
Committee and then at the Planning Board.
Clerk’s Notes: Items C4 C, C4 D and C4 F were heard in conjunction.
REFERRAL:
Dual referral to the Land Use & Development Committee and Planning Board
C4 E REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE AND THE
PLANNING BOARD - ORDINANCE AMENDMENT PERTAINING TO ROOF
REPLACEMENTS AND ROOF MATERIALS.
Planning
Commissioner John Elizabeth Alemán & Vice-Mayor Joy Malakoff
ACTION: Item dually referred to the Land Use and Development Committee and the
Planning Board. Thomas Mooney to place on the Land Use & Development
Committee Agenda and Michael Belush to place on the Planning Board Agenda;
Thomas Mooney to handle.
Clerk’s Notes: Items C4 C, C4 D and C4 F were heard in conjunction.
REFERRAL:
Dual referral to the Land Use & Development Committee and Planning Board
C4 F REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE AND THE
PLANNING BOARD - ORDINANCE AMENDMENT PERTAINING TO
NONCONFORMING BUILDINGS.
Planning
Commissioner John Elizabeth Aleman and Vice-Mayor Joy Malakoff
ACTION: Item dually referred to the Land Use and Development Committee and the
Planning Board. Commissioner Alemán motioned to dually refer items C4C, C4D, and
C4F to the Land Use & Development Committee and the Planning Board; seconded by
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Commissioner Arriola; Voice-vote: 6-1; Opposed: Commissioner Rosen Gonzalez.
Thomas Mooney to place on the Land Use & Development Committee Agenda and
Michael Belush to place on the Planning Board Agendas; Thomas Mooney to
handle. Items to be heard sequentially, first at the Land Use & Development
Committee and then at the Planning Board.
Clerk’s Notes: Items C4 C, C4 D and C4 F were heard in conjunction.
REFERRAL:
Dual referral to the Land Use & Development Committee and Planning Board
9:42:07 a.m.
C4 G REFERRAL TO THE PLANNING BOARD: ORDINANCE AND COMP PLAN
AMENDMENT FOR RE-ZONING OF 600 BLOCK OF WASHINGTON AVENUE.
Planning
Commissioner Michael Grieco
ACTION: Item referred by acclamation. Item separated by Commissioner Rosen
Gonzalez. Thomas Mooney to place on the Board Agenda and to handle.
Commissioner Steinberg explained that she pulled the item because the Angler’s Hotel
would be eligible for a height increase if its zoning were changed to CD-2. She asked for
the Angler’s Hotel to enter into a covenant with the City to reassure residents that they
are seeking a zoning change for use purposes, and not a height increase.
Mickey Marrero, representing the Angler’s Hotel, stated that Commissioner Steinberg is
correct; his client is not seeking a height increase. They have entered into a settlement
agreement that has been finalized with the Villas of South Beach, and it affirms they will
not seek any height increase aside from what has already been built. The reason they
are seeking a zoning change to CD-2 is that they are looking to take advantage for more
ground-floor activity.
Commissioner Steinberg asked Mr. Marrero to present language to the City Commission
that states no height increase would be sought by the Angler’s Hotel.
C4 H REFERRAL TO THE PLANNING BOARD - ORDINANCE AMENDMENT PERTAINING
TO MODIFICATIONS TO THE WEST AVENUE BAY FRONT OVERLAY.
Planning
Vice-Mayor Joy Malakoff
ACTION: Item referred. Thomas Mooney to place on the Board Agenda and to
handle.
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C4 I REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE - ORDINANCE
AMENDMENT PERTAINING TO INDOOR AND OUTDOOR SPEAKER LOCATIONS
ON LINCOLN ROAD.
Planning
Vice-Mayor Joy Malakoff
ACTION: Item referred. Thomas Mooney to place on the Committee Agenda and to
handle.
C4 J REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE - A PROPOSED
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE
REQUIRING MINIMUM LANDSCAPE STANDARDS FOR NEW SINGLE FAMILY
CONSTRUCTION, WHICH WILL PROVIDE A VISUAL BUFFER FROM NEIGHBORING
PROPERTIES ALONG INTERIOR SIDE LOT LINES.
Commissioner Rosen Gonzalez
ACTION: Item referred. Thomas Mooney to place on the Committee Agenda and to
handle.
C4 K REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE — DISCUSSION
REGARDING REVISIONS TO CITY REGULATIONS FOR ACLF'S AND RELATED
FACILITIES.
Planning
Commissioner John Elizabeth Alemán
ACTION: Item referred. Thomas Mooney to place on the Committee Agenda and to
handle.
C4 L REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE - DISCUSSION
PERTAINING TO 1. MIAMI-DADE COUNTY REQUIREMENTS FOR MUNICIPALITIES
TO ESTABLISH WORKFORCE HOUSING ACTION PLANS AND 2. COMPREHENSIVE
PLAN AMENDMENTS AND POTENTIAL INCENTIVES FOR WORKFORCE HOUSING.
Housing and Community Services
City Commission
ACTION: Item referred. Thomas Mooney to place on the Committee Agenda. Maria
Ruiz to handle.
9:44:34 a.m.
C4 M REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO
DISCUSS COMMISSIONING AN ARTIST TO PAINT THE NORTH BEACH WATER
TOWERS.
Commissioner Ricky Arriola & Co-Sponsored by Commissioner Alemán
ACTION: Item referred by acclamation. Item separated by Commissioner Steinberg.
Morgan Goldberg to place on the Committee Agenda. Eva Silverstein and Eric
Carpenter to handle.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 14 of 115
Commissioner Steinberg stated that conceptually she is a big supporter of painting the
North Beach water towers, but warned the City Commission that art can be very
subjective, and can cause a rift in the community if people do not like it.
Commissioner Arriola went on the record to criticize this City Commission’s inability to
make a decision, and consistently refer items.
Commissioner Alemán referred this item to the Neighborhood/Community Affairs
Committee and believes it makes sense for that Committee to decide whether it is better
to simply repaint the water towers, or have an artist professional paint them. If the
Committee prefers to have an artist to paint them, they should work with Art in Public
Places, if the decision is to repaint the water towers, it can then be a Finance item.
Discussion held regarding painting the South Beach overpass.
C4 N REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AND
THE FINANCE AND CITYWIDE PROJECTS COMMITTEE REGARDING THE
MAINTENANCE OF PUBLIC BATHROOMS CITYWIDE.
Commissioner Michael Grieco
ACTION: Item referred. Morgan Goldberg and John Woodruff to place on the
Committees Agendas. John Rebar and Adrian Morales to handle.
ADDENDUM MATERIAL 3
C4 O REFERRAL TO THE LAND USE & DEVELOPMENT COMMITTEE OF TWO
PROPOSED ORDINANCES PERTAINING TO OCEAN TERRACE ZONING
MODIFICATIONS: 1) PARKING DISTRICT NO. 4: AN ORDINANCE OF THE MAYOR
AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI
BEACH, BY AMENDING CHAPTER 130, "OFF-STREET PARKING," ARTICLE II
"DISTRICTS; REQUIREMENTS", TO ALLOW OFF-STREET PARKING TO BE
PROVIDED IN PARKING DISTRICT NO. 4 FOR USES THAT DO NOT HAVE
REQUIRED PARKING AND FOR SUCH PROVIDED PARKING TO NOT COUNT
TOWARDS THE CALCULATION OF THE FLOOR AREA RATIO; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE; AND 2)
OCEAN TERRACE OVERLAY: AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE III
"OVERLAY DISTRICTS", DIVISION 11 "OCEAN TERRACE OVERLAY", TO ALLOW
EXTERIOR UNENCLOSED PRIVATE BALCONIES FOR BUILDINGS SITUATED ON
PROPERTIES WITH AN UNDERLYING DESIGNATION OF MXE TO ENCROACH TEN
(10) FEET INTO THE FRONT YARD SETBACK; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
Vice-Mayor Joy Malakoff
ACTION: Item referred. Thomas Mooney to place on the Committee Agenda and to
handle.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 15 of 115
C6 - Commission Committee Reports
C6 A REPORT OF THE JANUARY 18, 2017 LAND USE AND DEVELOPMENT COMMITTEE
MEETING: 1. CMB PREPARATIONS FOR LIKELY PASSAGE OF STATE MEDICAL
MARIJUANA CONSTITUTIONAL AMENDMENT. 2. DISCUSSION REGARDING
ZONING OVERLAY AND CONSERVATION DISTRICTS FOR THE ENTIRE
BOUNDARIES OF THE NORTH SHORE AND NORMANDY ISLES NATIONAL
REGISTER DISTRICTS. 3. DISCUSSION REGARDING RESILIENCY AND
ADAPTATION CRITERIA FOR LAND USE BOARDS. 4. DISCUSSION REGARDING
PROHIBITING EXTERIOR SPEAKERS IN NON-EATING AND DRINKING
ESTABLISHMENTS ON OCEAN DRIVE. 5. DISCUSSION REGARDING
INCENTIVIZING THE RETENTION, RAISING AND/OR RELOCATION OF
HISTORIC/ARCHITECTURALLY SIGNIFICANT SINGLE FAMILY HOMES (SFH). 6.
DISCUSSION REGARDING THE USE REGULATIONS FOR THE WEST AVENUE
OVERLAY DISTRICT. 7. RE-HEARING AND APPEAL PROCESS. 8. AMENDMENTS
TO THE LAND DEVELOPMENT REGULATIONS AND THE COMPREHENSIVE PLAN
REGARDING NONCONFORMING HOTEL USES ON THE NORTH SIDE OF BELLE
ISLE. 9. WAIVER OF OUTSTANDING PARKING LIEU FEES FOR RED
STEAKHOUSE, 119 WASHINGTON AVENUE.
Planning
ACTION:
1. Medical Marijuana Constitutional Amendment
MOTION: The item was continued to the February 15, 2017 by Acclamation.
2. Zoning Overlay & Conservation Districts North Shore & Normandy Isles National
Register Districts.
MOTIONS:
a. A separate item shall be placed on the February 15, 2017 regarding regulations
for the Town Center area by Acclamation;
b. The item was continued to February 15, 2017 by Acclamation.
3. Resiliency & Adaptation Criteria For Land Use Boards.
MOTION: Recommend that the Planning Board transmit the proposal to the City
Commission with a favorable recommendation by Acclamation.
4. Prohibiting Exterior Speakers On Ocean Drive.
MOTION: JA/MS (3-0)
a. A referral item shall be placed on the February 8, 2017 City Commission consent
agenda regarding a Land Use Committee referral for a speaker ordinance
pertaining to Lincoln Road by Acclamation;
b. Recommend that the Planning Board transmit the proposal to the City Commission
with a favorable recommendation by Acclamation
City Clerk’s Note: See Item C4 I.
5. Incentivizing Retention, Raising & Relocation Of Historic/Architecturally Significant
SFH.
MOTION: The item was continued to February 15, 2017 by Acclamation.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 16 of 115
6. Use Regulations For West Avenue Overlay District.
MOTION: JA/MS (3-0)
Recommend that the City Commission refer the proposed ordinance to the Planning
Board with a modification that the definition for occupancy be based on square
footage and that the proposed definition for restaurant be included.
7. Re-Hearing & Appeal Process.
MOTION: JA/MS (3-0)
Recommend that the Planning Board transmit the ordinance to the City Commission
with a favorable recommendation.
8. Amendments To LDR & Comprehensive Plan On The North Side Of Belle Isle.
MOTION: JA/MS (3-0)
Recommend that the City Commission transmit the Ordinance to the Planning Board.
9. Waiver Outstanding Parking Lieu Fees For Red Steakhouse.
MOTION: No action taken.
C6 B REPORT OF THE JANUARY 18, 2017 SUSTAINABILITY AND RESILIENCY
COMMITTEE: 1) A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
MIAMI BEACH, FLORIDA, INCORPORATING BEST MANAGEMENT PRACTICES FOR
LANDSCAPING BY INCLUDING THE USE OF THE FLORIDA-FRIENDLY
LANDSCAPING GUIDE TO PLANT SELECTION AND LANDSCAPE DESIGN WHEN
REDEVELOPING CITY PARKS AND CITY-OWNED LAND. 2) DISCUSSION ON
REQUIRING SUSTAINABILITY STANDARDS SIMILAR TO LEED FOR RETROFITS IN
CITY-OWNED PROPERTIES. 3) DISCUSSION REGARDING HOW GREEN
INFRASTRUCTURE INCLUDING LIVING OR HYBRID SHORELINES CAN
COMPLEMENT GREY INFRASTRUCTURE IN OUR CLIMATE ADAPTION ON GOING
WORK. 4) DISCUSSION REGARDING THE SECURING AND STORAGE OF
COMMERCIAL DUMPSTERS. 5) DISCUSSION ON ST. PETERSBURG'S INITIATIVE
TO RUN ON 100% RENEWABLE ENERGY AND POSSIBILITIES IN MIAMI BEACH. 6)
DISCUSSION ON ACTIVE DESIGN MIAMI: DESIGN & POLICY STRATEGIES FOR
HEALTHIER COMMUNITIES. 7) DISCUSSION ON BEST PRACTICES FOR BEACH
SAND SIFTING AND MAINTENANCE. 8) DISCUSSION ON THE CITY TO OFFER
CHRISTMAS TREE RECYCLING. 9) COMMENCING IN 2017 MAYOR'S BLUE
RIBBON PANEL ON FLOODING AND SEA LEVEL RISE. 10) SUSTAINABILITY
COMMITTEE. 11) RESILIENCY STRATEGY.
Environment & Sustainability
ACTION:
1) Resolution Incorporating Best Management Practices For Landscaping.
MOTION: Motion to approve and refer the resolution to the City Commission. Motion
made by Commissioner Malakoff, Seconded by Commissioner Arriola.
City Clerk’s Note: See Item R7 K
2) Sustainability Standards Similar To LEED For Retrofits In City-Owned Properties.
ACTION: Staff to return with an update and guidelines to the July 2017 Sustainability
and Resiliency Committee.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 17 of 115
3) Green Infrastructure Complement Grey Infrastructure In Our Climate Adaption
MOTION: Motion to support the conceptual design of for Brittany Bay Park. Motion
made by Commissioner Malakoff, Seconded by Commissioner Arriola.
ACTION: Staff directed to provide an update on the item in April 2017 and continue
updates on a quarterly basis.
4) Discussion Regarding The Securing And Storage Of Commercial Dumpsters.
AFTER-ACTION: Item Deferred to the February 15, 2017 Sustainability and
Resiliency Committee.
5) St. Petersburg's Initiative To Run On 100% Renewable Energy.
ACTION: Staff to work with Sierra Club to obtain information on how the City of Miami
Beach can participate and move towards the 2050 renewable energy goal.
6) Active Design Miami: Design & Policy Strategies For Healthier Communities.
MOTION: Motion to conceptually approve and refer the resolution to the full City
commission. This includes approval on the macro concept of the strategies outlined in
the guide. Motion made by Commissioner Arriola, Seconded by Commissioner
Malakoff.
City Clerk’s Note: See C7 O.
7) Discussion On Best Practices For Beach Sand Sifting And Maintenance.
AFTER-ACTION:
Item deferred to the February 15, 2017 Sustainability and Resiliency Committee
8) Discussion On The City To Offer Christmas Tree Recycling.
AFTER-ACTION:
Item continued to the February 15, 2017 Sustainability and Resiliency Committee
9) Commencing In 2017 Mayor's Blue Ribbon Panel On Flooding And Sea Level Rise.
ACTION: No further action taken.
10) Sustainability Committee.
ACTION: No further action taken.
11) Resiliency Strategy.
ACTION: No further action taken.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 18 of 115
C6 C REPORT OF THE JANUARY 20, 2017 FINANCE AND CITYWIDE PROJECTS
COMMITTEE MEETING: 1. DISCUSSION REGARDING THE EXCHANGE OF
PROPERTY WITH THE OWNER OF 5860 NORTH BAY ROAD LN ORDER TO
RESOLVE THE EXISTING BOUNDARY LINES, AND THE LOCATION OF A FUTURE
CITY PUMP STATION AND SEWER LINE .2. DISCUSSION ON THE POTENTIAL
EXPANSION OF THE BIG BELLY TRASH PROGRAM. 3. DISCUSSION REGARDING
BUS SURVEY RESULTS TO IDENTIFY TRANSPORTATION NEEDS OF PUBLIC
SCHOOL CHILDREN WITHIN TWO-MILE LIMIT OF HOME SCHOOL. 4. DISCUSSION
TO IDENTIFY FUNDING FORA PARTNERSHIP WITH COMMON THREADS IN AN
AMOUNT NOT TO EXCEED $18,925.77. 5. DISCUSSION AND POTENTIAL FUNDING
OPTIONS FOR A PUBLIC BAYWALK GUARDRAIL LOCATED AT 900 WEST AVENUE
SOUTHGATE TOWERS. 6. DISCUSSION REGARDING IMPLEMENTING THE SAFER
COMPASS PROGRAM IN THE CITY OF MIAMI BEACH TO REVIEW THE ANALYSIS.
7. DISCUSS FUNDING FOR ADDED SECURITY ON OCEAN DRIVE AS PER THE
TEN POINT PLAN 8. DISCUSS THE CURRENT SAFEGUARDS IN PLACE TO
ENSURE THE SECURITY OF CITYWIDE FINANCIAL ACCOUNTS AND HOW BEST
TO IMPROVE THEM. 9. DISCUSS ENGAGING THE WEST AVENUE
NEIGHBORHOOD IN A PILOT PARTICIPATORY BUDGETING PROCESS USING THE
FUNDS FROM THE ALTON COURT VACATION. 10. DISCUSS THE CREATION OF A
PUBLIC ALLEYWAY FUND. 11. DISCUSSION TO REVIEW CITY CONSTRUCTION
CONTRACTS TO HOLD CONTRACTORS MORE ACCOUNTABLE. 12. DISCUSSION
REGARDING PARTICIPATION IN THE MIAMI-DADE COUNTY TRANSIT
CORPORATE DISCOUNT PROGRAM 13. DISCUSSION ON CREATION OF
ECONOMIC DEVELOPMENT GOALS AND OBJECTIVES AND A CITYWIDE
ECONOMIC DEVELOPMENT STRATEGY PLAN. 14. DISCUSS URGING THE
FLORIDA LEGISLATURE TO COLLECT A 1% TAX ON FOOD AND BEVERAGE
CONSUMPTION TO FUND EFFORTS TO END HOMELESSNESS. 15. DISCUSSION
TO CONSIDER ALLOCATING A RECURRING BUDGETARY AMOUNT TO AN
ANNUAL EDUCATIONAL EVENT BY THE HUMAN RIGHTS COMMITTEE. 16.
DISCUSSION REGARDING THE CREATION OF A POCKET PARK ON 20TH STREET
AND ALTON ROAD 17. DISCUSS ADDING ILLUMINATED CROSSWALKS OR RAPID
RECTANGULAR FLASHING BEACONS ON WEST AVENUE. 18. DISCUSSION
REGARDING FUTURE USES OR THE POTENTIAL SALE OF VACANT CITY-OWNED
LAND LOCATED AT 226 87TH TERRACE. 19. DISCUSSION REGARDING
PROPOSED INTERCEPTOR GARAGE AT 1623 WEST AVENUE. 20. DISCUSSION
REGARDING RECOMMENDED TRAFFIC CALMING IMPROVEMENTS IN CENTRAL
BAYSHORE NEIGHBORHOOD. 21. DISCUSSION REGARDING IMPLEMENTING
CIGARETTE BUTT RECEPTACLES IN HIGH PEDESTRIAN TRAFFIC AREAS.
Finance
ACTION:
1. Exchange Of Property With Owner Of 5860 North Bay Road.
ACTION: The Committee deferred the item to next month.
2. Discussion On The Potential Expansion Of The Big Belly Trash Program.
ACTION: The Committee recommended moving to the full Commission to adopt the
expansion of the pilot program staff suggested placing the Big Belly cans on
Washington Avenue from 5th and 17th Street. Staff was directed to bring back a more
complex financial analysis in six (6) months including not only labor savings but cost
of living factor and material savings as well.
City Clerk’s Note: See Item C7 R.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 19 of 115
3. Bus Survey Results To Identify Transportation Needs Of Public School Children
ACTION: The Committee recommended moving to the full Commission the morning
only pilot program at North Beach Elementary subsidized for one (1) semester using
option 2 as staff suggested. Once the pilot is over, staff was directed to survey all of
the parents that participate and ask if they will be willing to pay for the service.
4. Identify Funding For a Partnership With Common Threads - $18,925.77.
ACTION: The Committee favorably recommended moving to the full commission and
then report back to the Finance and Citywide Projects Committee to ensure success
of the program. Staff was directed to find the funds for the program and ask
Commissioner Rosen Gonzalez about when to start the program due to conflict of
schools currently being mid-semester.
5. Potential Funding Options For A Public Baywalk Guardrail - 900 West Avenue
ACTION: The Committee recommended moving this item to the full commission with
a budget amendment.
6. Implementing Safer Compass Program To Review Analysis.
ACTION: The Committee directed staff to engage with the pilot that is already
underway with Miami-Dade Public Schools and get their feedback. Put together a
recommendation for a pilot program possibly focusing on the three (3) largest parks
and recreations facilities, Flamingo Park, Scott Rakow, and North Shore Youth
Centers. Staff was encouraged to implement the program to more facilities where the
City has a large amount of the public coming in, accepting the priority of the Parks
and Recreation facilities.
7. Funding For Added Security On Ocean Drive As Per The Ten Point Plan
ACTION: The Committee directed staff to bring this item back next month.
8. Current Safeguards In Place To Ensure Security Of Citywide Financial Accounts
ACTION: The Committee directed staff to do everything they have to do to hire the
best consultants to put the technology and the processes in place, train staff, and hire
the best staff. The Committee fully supports an expansion of BDO’s scope of services
and encouraged them to include other departments in order to examine our internal
processes and to make sure that we have proper separation of duties.
9. Engaging West Avenue Neighborhood In Pilot Participatory Budgeting
ACTION: The Committee directed staff to go back and look at West Avenue and the
surrounding areas, identify the above ground that needs to be done, and determine
how much money is needed for that. Then bring back to compare the costs to the
funds from the vacation. Staff was instructed to bring back information on the
proceeds for the Alton Court Vacation funds compared to the cost of the West Avenue
project.
10. Discuss The Creation Of A Public Alleyway Fund.
ACTION: The Committee withdrew the item.
11. Review City Construction Contracts To Hold Contractors More Accountable.
ACTION: Discussion held, no action taken.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 20 of 115
12. Participation In The Miami-Dade County Transit Corporate Discount Program
ACTION: The Committee recommended moving to the full Commission option one (1)
and pursue option two (2) through the budget cycle for FY 17/18 to do a six (6)
months pilot program.
13. Creation/Economic Development Goals & Objectives & Citywide Economic
Development Strategy Plan.
ACTION: The Committee directed staff to continue to explore a more comprehensive
strategy with outside experts, come up with a list of potential scope items and come
back next month to discuss further the item.
14. Urging Florida Legislature To Collect 1% Tax On Food And Beverage Consumption
To Fund Efforts To End Homelessness.
ACTION: The Committee recommended not moving forward with the 1% Tax
increase on food and beverage consumption. Direction was given to City Attorney
staff to work on a no panhandling zones ordinance and to look into what the costs of a
special prosecutor would be, then bring back the numbers to the next Finance and
Citywide Projects meeting.
15. Consider Allocating Recurring Budgetary Amount To Annual Educational Event By
The Human Rights Committee.
ACTION: The Committee withdrew this item.
16. Discussion Regarding The Creation Of A Pocket Park On 20th Street And Alton Road
ACTION: Item not heard. No action was taken.
17. Illuminated Crosswalks Or Rapid Rectangular Flashing Beacons On West Avenue.
ACTION: Item not heard. No action was taken.
18. Future Uses Or Potential Sale Of Vacant City-Owned Land Located At 226 87th
Terrace.
ACTION: Item not heard. No action was taken.
19. Discussion Regarding Proposed Interceptor Garage At 1623 West Avenue.
ACTION: Item not heard. No action was taken.
20. Recommended Traffic Calming Improvements In Central Bayshore Neighborhood.
ACTION: The Committee directed staff to defer this item until next month and bring a
list of all projects in the Transportation Master plan that can be funded by the surplus
funds in order to prioritize the allocation of the funds to the projects. The Committee
recommended moving to the full Commission for full endorsement of the Priority One
project at $500,000 and directed staff to identify the funds for the $500,000.
21. Implementing Cigarette Butt Receptacles In High Pedestrian Traffic Areas.
ACTION: The Committee recommended moving to the full commission to adopt the
suggested pilot program of 100 ash cans where Surfrider (the vendor) and
CleapUp.org will be partnering to empty out the ash cans for one (1) year. The vendor
was directed to include the measurement of how much labor time is spent on
emptying the ash cans in the data that is collected. Work with the Grants department
to help attain grant funding for the program. Public Works staff was directed to work
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 21 of 115
with the vendor to install ash cans on sites on high traffic areas and try to include
alleys behind businesses.
C7 – Resolutions
C7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ELECTING COMMISSIONER KRISTEN ROSEN GONZALEZ,
GROUP IV, AS VICE-MAYOR, FOR A TERM COMMENCING ON MARCH 1, 2017 AND
TERMINATING ON JUNE 30, 2017.
Office of the City Clerk
ACTION: Resolution 2017-29724 adopted. Office of the City Attorney to handle.
C7 B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, REAPPOINTING JOHN C. DELLAGLORIA, ESQ. TO SERVE AS A
SPECIAL MASTER FOR APPEALS OF DECISIONS OF THE CITY'S HISTORIC
PRESERVATION BOARD FOR A ONE YEAR PERIOD, ENDING MARCH 10, 2018
WITH RENEWAL OPTIONS, AND SETTING THE COMPENSATION AT $150.00, PER
HOUR, WITH A MAXIMUM PAYMENT OF $750.00, PER CASE.
Office of the City Clerk / Office of the City Attorney
ACTION: Resolution 2017-29725 adopted. Office of the City Clerk to handle.
C7 C A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING, AS A SOLE SOURCE PURCHASE, THE
PURCHASE OF REFURBISHING SERVICES FOR TWO (2) SKYWATCH TOWERS,
PURSUANT TO SECTION 2-367(d) OF THE MIAMI BEACH CITY CODE, FOR THE
MIAMI BEACH POLICE DEPARTMENT, FROM FLIR SYSTEMS, INC., THE
EXCLUSIVE MANUFACTURER AND SELLER FOR SKYWATCH TOWERS, AND
AUTHORIZING THE CITY ADMINISTRATION TO UTILIZE FLIR SYSTEMS, INC., IN
AN AMOUNT NOT TO EXCEED $140,000.
Police
ACTION: Resolution 2017-29726 adopted. Chief Oates to handle.
C7 D A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI
BEACH, ON BEHALF OF THE MIAMI BEACH POLICE DEPARTMENT, AND THE
UNITED STATES MARSHALS SERVICE, WHICH SERVES TO EXTEND THE
PARTICIPATION OF THE MIAMI BEACH POLICE DEPARTMENT, FOR THE
PURPOSE OF LOCATING AND APPREHENDING FUGITIVES IN AN EFFORT TO
REDUCE VIOLENT CRIME.
Police
ACTION: Resolution 2017-29727 adopted. Chief Oates to handle.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 22 of 115
C7 E A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER,
PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. RFQ 2017-003-KB
FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR THE 1ST
STREET (ALTON ROAD TO WASHINGTON AVE) PROJECT; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH WADE TRIM, INC., AS
THE TOP RANKED PROPOSER; FURTHER, SHOULD THE ADMINISTRATION NOT
BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH WADE TRIM, INC.,
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH
HAZEN AND SAWYER, AS THE SECOND HIGHEST RANKED PROPOSER;
FURTHER, SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN
NEGOTIATING AN AGREEMENT WITH HAZEN AND SAWYER, AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH KIMLEY-HORN AND
ASSOCIATES, INC. , AS THE THIRD HIGHEST RANKED PROPOSER; AND
FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION.
Public Works/Procurement
ACTION: Item deferred to March 1, 2017 . Lilia Cardillo to place on the Commission
Agenda, if received. Eric Carpenter and Alex Denis to handle.
C7 F A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER,
PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2017-037-KB FOR
ROOFING CONSULTANT SERVICES; AUTHORIZING THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WITH THE TOP THREE (3) RANKED PROPOSERS,
ROOF MANAGEMENT SOLUTIONS, LLC; INTERTEK-PROFESSIONAL SERVICE
INDUSTRIES, INC.; AND WISS, JANNEY, ELSTNER ASSOCIATES, INC., AND
FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT WITH EACH OF THE PROPOSERS, UPON CONCLUSION OF
SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
Property Management/Procurement
ACTION: Resolution 2017-29728 adopted. Adrian Morales and Alex Denis to
handle.
C7 G A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO
UTILIZE CONTRACT NO. FSA16-VEF12.0, SPEC. #13, WITH THE FLORIDA
SHERIFFS ASSOCIATION, FOR THE PURCHASE OF ONE (1) PIERCE AERIAL
PLATFORM FROM TEN-8 FIRE EQUIPMENT, INC., IN THE AMOUNT OF
$993,498.40, TO REPLACE THE EXISTING UNIT WHICH HAS EXCEEDED ITS
USEFUL LIFE.
Fleet Management
ACTION: Resolution 2017-29729 adopted. Jorge Cano to handle.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 23 of 115
C7 H A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO
UTILIZE CONTRACT NO. FSA16-VEF12.0, SPEC. #03, WITH THE FLORIDA
SHERIFFS ASSOCIATION, FOR THE PURCHASE OF THREE (3) 2017 HORTON
MODEL 623 RESCUE TRANSPORT UNITS FROM HALL-MARK RTC, IN THE TOTAL
AMOUNT OF $932,884.50, TO REPLACE THREE EXISTING UNITS WHICH HAVE
EXCEEDED THEIR USEFUL LIFE.
Fleet Management
ACTION: Resolution 2017-29730 adopted. Jorge Cano to handle.
C7 I A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PARTNER WITH MIAMI-
DADE COUNTY PUBLIC SCHOOLS AND THE ANTI-DEFAMATION LEAGUE TO
IMPLEMENT A CITYWIDE ANTI-BULLYING PROGRAM ENTITLED "NO PLACE FOR
HATE," WHICH SHALL COMMENCE AT THE START OF THE 2017-18 SCHOOL
YEAR AND CONTINUE EACH YEAR THEREAFTER (SUBJECT TO FUTURE
BUDGETARY APPROPRIATIONS BY THE CITY COMMISSION), AT COST TO THE
CITY NOT TO EXCEED $3,750 FOR THE FIRST YEAR, WHICH FUNDS SHALL BE
APPROPRIATED FROM THE CITY'S EDUCATION COMPACT FUND.
Organizational Development Performance Initiatives
Mayor Philip Levine
ACTION: Resolution 2017-29731 adopted. Dr. Leslie Rosenfeld to handle.
C7 J A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A GRANT AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED TO
THIS RESOLUTION, BETWEEN THE CITY AND THE RHYTHM FOUNDATION, INC.,
FOR THE STAGE RESTORATION AND SUBWOOFER CONCEALMENT PROJECT AT
THE NORTH SHORE BANDSHELL, IN THE TOTAL AMOUNT NOT TO EXCEED
$102,600.00.
Parks and Recreation
ACTION: Resolution 2017-29732 adopted. John Rebar to handle.
C7 K 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 AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE
VILLAGE OF BAL HARBOUR FOR THE CITY TO CONTINUE TO PROVIDE SEWAGE
CONVEYANCE SERVICES; AND AUTHORIZING THE TRANSFER OF TITLE FROM
BAL HARBOR TO THE CITY OF A SEWER METER, IN ORDER FOR THE CITY TO
PROVIDE A MORE ACCURATE MEASUREMENT OF BAL HARBOUR'S SEWAGE
FLOW.
Public Works
ACTION: Resolution 2017-29733 adopted. Eric Carpenter to handle.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 24 of 115
9:08:52 a.m.
C7 L A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY
MANAGER (AS FURTHER SET FORTH IN THE CITY COMMISSION MEMORANDUM
ACCOMPANYING THIS RESOLUTION) AND WAIVING, BY 5/7TH VOTE, THE
FORMAL COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO
BE IN THE CITY'S BEST INTEREST, AND AUTHORIZING THE PURCHASE OF SD-42
IRONSITE SERIES LITTER RECEPTACLES FROM SITE HORIZONS, LLC., THE
SOLE AUTHORIZED DISTRIBUTOR OF VICTOR STANLEY LITTER RECEPTACLES
IN THE STATE OF FLORIDA, FOR PURPOSES OF STANDARDIZING LITTER
RECEPTACLES CITYWIDE, IN AN AMOUNT NOT TO EXCEED $240,000 ANNUALLY,
FOR A PERIOD OF THREE (3) YEARS.
Public Works
ACTION: Resolution 2017-29734 adopted by acclamation. Item separated by
Commissioners Alemán and Steinberg. Eric Carpenter to handle.
Commissioner Alemán stated that she is in favor of standardizing the City’s trash
receptacles, but asked not to replace the current trash receptacles early, but rather wait
until they could no longer be used due to wear-and-tear.
Commissioner Steinberg agreed with Commissioner Alemán’s statement.
Eric Carpenter, Assistant City Manager/Public Works Director, stated that there are over
1,100 Victor Stanley green aluminum trash receptacles throughout the City, making it by
far the most common trash receptacle in Miami Beach. He is asking for standardization,
so they could purchase the same type of can. These cans usually last up to ten years,
which is excellent in this type of environment. There are however, a few areas where
these trash receptacles do not work due to space constraints, but they will provide those
areas with a smaller alternative.
C7 M A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK
TO MODIFY A GRANTED NON-EXCLUSIVE UTILITY EASEMENT TO CONTAIN AN
AREA OF APPROXIMATELY 2,095 SQUARE FEET (SF), TO FLORIDA POWER AND
LIGHT (FPL) AT THE MIAMI BEACH CONVENTION CENTER PROPERTY, LOCATED
AT 1901 CONVENTION CENTER DRIVE, FOR THE OPERATION AND
MAINTENANCE OF DUCTBANKS, PAD MOUNTED TRANSFORMER, AND
ASSOCIATED EQUIPMENT SERVING THE CONVENTION CENTER AND REGIONAL
STORMWATER PUMP STATION, WHICH EASEMENT IS ATTACHED HERETO AS
EXHIBIT I.
Public Works
ACTION: Resolution 2017-29735 adopted. Eric Carpenter to handle.
Handouts and Reference Materials:
1. Underground Easement distributed at the dais.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 25 of 115
C7 N A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY
MANAGER REGARDING THE EXISTENCE OF A PUBLIC EMERGENCY AND,
ACCORDINGLY, WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING
REQUIREMENT, FINDING FURTHER THAT THE BEST INTEREST OF THE CITY
WOULD BE SERVED BY SUCH WAIVER; AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO NEGOTIATE AMENDMENT NO. 1 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH RIBBECK ENGINEERING, APPROVED PURSUANT
TO RESOLUTION NO. 2016-29456, FOR THE "INDIAN CREEK DRIVE/STATE ROAD
(SR) A1A, 26 STREET TO 41 STREET - FLOODING MITIGATION PROJECT"; SAID
AMENDMENT IN THE AMOUNT OF $744,863.99 PLUS A $74,486.39 CONTINGENCY,
FOR A TOTAL AMOUNT OF $819,350.38 FOR THE PREPARATION OF A SET OF
CONSTRUCTION PLANS FROM 25TH TO 26TH STREET AND 26th TO 41ST
STREET INCLUDING SIDE STREETS ALONG THE ENTIRE PROJECT LIMITS. THE
CONSTRUCTION PLANS WILL INCLUDE ROADWAY, TRAFFIC CONTROL PLANS,
SEAWALL, DRAINAGE, SIGNING AND PAVEMENT MARKINGS AND
SIGNALIZATION COMPONENTS.
Public Works
ACTION: Item deferred to March 1, 2017 . Lilia Cardillo to place on the Commission
Agenda, if received. Eric Carpenter to handle.
C7 O A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ADOPTING THE ACTIVE DESIGN MIAMI: DESIGN AND POLICY
STRATEGIES FOR HEALTHIER COMMUNITIES ("ACTIVE DESIGN MIAMI"),
DEVELOPED BY THE MIAMI CENTER FOR ARCHITECTURE AND DESIGN
("MCAD"); AND DIRECTING CITY STAFF TO INCORPORATE ACTIVE DESIGN MIAMI
STRATEGIES INTO PLANNING FUNCTIONS, WHEREVER POSSIBLE.
Environment & Sustainability
ACTION: Resolution 2017-29736 adopted. Elizabeth Wheaton to handle.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 26 of 115
C7 P 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 CHILDREN'S TRUST,
FAMILY AND NEIGHBORHOOD SUPPORT PARTNERSHIPS, IN THE APPROXIMATE
AMOUNT OF $500,000; 2) FLORIDA DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES, FOR THE FLORIDA URBAN AND COMMUNITY FORESTRY
PROGRAM, IN THE APPROXIMATE AMOUNT OF $29,247; 3) FLORIDA OFFICE OF
THE ATTORNEY GENERAL, VICTIMS OF CRIME ACT GRANT, IN THE
APPROXIMATE AMOUNT OF $425,000; 4) FLORIDA DEPARTMENT OF HEALTH,
FOR THE EMERGENCY MEDICAL SERVICES MATCHING GRANT PROGRAM, IN
THE APPROXIMATE AMOUNT OF $26,000; 5) FLORIDA RECREATION AND PARK
ASSOCIATION (FRPA) FOR THE FIT2PLAY PROGRAM IN THE APPROXIMATE
AMOUNT OF $5,000, AND; 6) APPROVAL TO PARTICIPATE W ITH THE
INTERNATIONAL COUNCIL FOR LOCAL ENVIRONMENTAL INITIATIVES (ICLEI) IN
A GRANT APPLICATION TO THE VOLKSWAGEN GROUP OF AMERICA.
Office of Budget and Performance Improvement
ACTION: Resolution 2017-29737 adopted. Cyntia G. Ramos to handle.
C7 Q A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, REQUESTING THAT THE GOVERNOR OF FLORIDA APPLY FOR
AND ADMINISTER FUNDING FROM THE VOLKSWAGEN ENVIRONMENTAL
MITIGATION TRUST, CREATED PURSUANT TO A PARTIAL CONSENT DECREE
BETWEEN VOLKSWAGEN AND THE U.S. ENVIRONMENTAL PROTECTION
AGENCY ("EPA"), WHICH DECREE WAS NEGOTIATED IN ORDER TO SETTLE THE
VOLKSWAGEN "CLEAN DIESEL" MARKETING, SALES PRACTICES, AND
PRODUCTS LIABILITY LITIGATION; AND PROVIDING FOR TRANSMITTAL OF THIS
RESOLUTION TO THE OFFICE OF THE GOVERNOR OF FLORIDA.
Environment & Sustainability
ACTION: Resolution 2017-29738 adopted. Elizabeth Wheaton to handle.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 27 of 115
9:13:15 a.m.
C7 R A RESOLUTION OF MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AND THE WRITTEN
RECOMMENDATION OF THE CITY MANAGER, AND WAIVING, BY 5/7TH VOTE,
THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN
THE BEST INTEREST OF THE CITY; SUCH WAIVER AUTHORIZING THE
ADMINISTRATION TO NEGOTIATE A NEW AGREEMENT WITH BIG BELLY SOLAR,
INC., BASED UPON THE ESSENTIAL TERMS SET FORTH IN THIS RESOLUTION,
FOR A TERM OF ONE (1) YEAR; FOR THE USE OF THE TWENTY-FOUR (24)
EXISTING SMARTBELLY TRASH CAN STATIONS (WHICH ARE THE SUBJECT OF
THE PILOT PROGRAM), AND ADDING ADDITIONAL SMARTBELLY TRASH CAN
STATIONS AT ADDITIONAL CITY LOCATIONS, IN A TOTAL AMOUNT NOT TO
EXCEED $99,000; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
FINAL NEGOTIATED AGREEMENT; AND EXTENDING, ON A MONTH TO MONTH
BASIS, THE AGREEMENT WITH BIG BELLY SOLAR, INC., DATED DECEMBER 4,
2015, FOR A ONE (1) YEAR PILOT PROGRAM, UNTIL THE NEW AGREEMENT IS
EXECUTED.
ACTION: Item deferred to March 1, 2017. Item separated by Commissioners Alemán
and Arriola. Eric Carpenter to handle.
City Clerk’s Note: Update Recommendation section of the memorandum with the
following: Based upon the foregoing, the City Manager recommends that the Mayor and
City Commission waive the formal competitive bidding requirement, by a 5/7 th vote, as
permitted under Section 2-367(e) of the City Code, as being in the best interest of the
City.
DIRECTION:
Have staff negotiate contract with Big Belly Solar, Inc. for a minimum of three years and
a maximum of five years, and present contracts at the next City Commission meeting for
approval.
Commissioner Arriola stated that this item has been vetted at the Finance & Citywide
Projects Committee. The proposal is for a one-year contract.
Eric Carpenter, Assistant City Manager / Public Works Director, stated that Big Belly
informed him that they have a capital investment on their part to manufacture trashcans,
so they have asked for a three or five year contract. The City has not committed yet,
because the pricing Big Belly offered for the first year was substantially lower than the
three or five year option. They are trying to identify the cost difference. It is not the intent
to have Big Belly be stuck with capital costs, but he wants the option to do a multi-year
contract that makes sense for the City.
Raul J. Aguila, City Attorney, clarified for the record that Big Belly requested a three-year
term, so if this is what the City approves, the Resolution will have to be corrected.
Discussion held regarding the agreement with Big Belly.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 28 of 115
Commissioner Grieco stated that this item has been discussed at the Finance &
Citywide Projects Committee. His understanding is that the pricing is based on a three-
year deal, but the City Commission is discussing a one-year contract.
Commissioner Arriola stated that the reason the pricing is being discussed is that a
three-year contract is more expensive than a one-year contract. That is not a customary
practice in business.
Discussion continued.
Mr. Carpenter stated that he would like to extend the pilot program, but not the three-
year term if the City has to pay more for it.
City Attorney Aguila explained that the Administration is asking the City Commission for
the authority to negotiate a new agreement and bring it back for approval.
Discussion continued.
Joe Murphy, representing Big Belly, addressed two matters: 1) The three-year contract
is more expensive than the one-year contract, because the one-year pilot was provided
at a reduced price to prove to the City that the technology works and provide flexibility;
2) In order to expand the program, Big Belly typically requires a three or five year deal.
He pointed out that the five-year deal is less than the three-year deal. In addition, the
City could decide what amenities it wants with the trashcans, such as pedals or
ashtrays.
Commissioner Steinberg believes that if City staffers need more time to be comfortable
with the negotiations, then the item could return at the next City Commission meeting
with the contract fully negotiated.
Commissioner Grieco explained that the one-year pilot implemented was to get the City
comfortable with the new product and that is why the costs were so low. This product
creates efficiencies in sanitation.
City Manager Morales added that he agrees to the thee-year pricing, but further details
need to be worked out as to what else could be provided with the trash bins.
Discussion continued.
Commissioner Arriola directed staff to negotiate a three-year contract.
Commissioner Rosen Gonzalez asked aside from the price, what else needed to be
negotiated.
Mr. Carpenter explained that the City would be going ahead with ashtrays and no
footpads for the trashcans. The pilot program was originally for certain parts of
Washington Avenue, but soon included all of Washington Avenue, as a result the price
jumped from $37,000 to $97,000. He and his team have been trying to continue the price
offered at the pilot program of $128 per trashcan.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 29 of 115
Mr. Murphy stated that there was a great deal of discussion on the price of the garbage
cans, which could vary whether they are single or double stations. If the City chooses to
extend the pilot and keep it for five years, the cost would remain at $128 per trashcan.
Commissioner Steinberg asked Mr. Carpenter to negotiate with Big Belly, and return to
the next City Commission meeting and present the final proposal for approval.
Rafael Andrade, representing Big Belly, asked if the City Commission was interested in
the five-year contract to keep the price at $128 per trashcan.
Discussion continued.
Mayor Levine stated that he prefers the City entering a three-year contract because the
technology in five years will change a great deal, and he wants the City to stay current
with technology provided by Big Belly. He gave the direction to negotiate a contract with
a minimum of three years, and a maximum of five years for the City Commission to
determine the best one to enter.
C7 S A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, WAIVING CITY FEES FOR THE RUCK FOR VETS MARCH ON
APRIL 22, 2017.
Commissioner John Elizabeth Alemán
ACTION: Item deferred to March 1, 2017 . Eva Silverstein to handle.
Handouts and Reference Materials:
1. Email from Cilia Maria Ruiz-Paz dated February 7, 2017 RE: Deferring Item C7 S.
9:11:50 a.m.
SUPPLEMENTAL MATERIAL 2: RESOLUTION
C7 T A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, WAIVING THE SPECIAL EVENT FEES, IN THE AMOUNT OF
$34,203.55, FOR THE MIAMI BEACH GAY PRIDE EVENT TO BE HELD APRIL 8-9,
2017.
Commissioner Michael Grieco
ACTION: Resolution 2017-29739 adopted by acclamation. Item separated by
Commissioner Alemán. Eva Silverstein to handle.
Commissioner Alemán requested clarification as to the City’s waiver costs for the event.
She sees two amounts; $35,000 and $10,000. She asked whether both were needed,
and whether these waivers covered Police and Fire expenses.
City Manager Morales explained that this was a typical waiver for the event. Some fees
he could waive, while other fees, such as ground use fees, must be waived by the City
Commission. The $10,000 figure has to do with incremental costs; similar to what
happened with the Art Deco Weekend event.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 30 of 115
SUPPLEMENTAL MATERIAL 2: RESOLUTION
C7 U A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, OPPOSING FLORIDA SENATE BILL 534 AND ANY SIMILAR
LEGISLATION THAT WOULD PREEMPT LOCAL GOVERNMENTS FROM IMPOSING
CERTAIN REQUIREMENTS ON STATE-FUNDED PUBLIC WORKS PROJECTS SUCH
AS: A) IMPOSING REQUIREMENTS ON CONTRACTORS PERTAINING TO WAGES,
BENEFITS, HIRING, STAFFING, AND TRAINING, AND B) RESTRICTING QUALIFIED
BIDDERS FROM SUBMITTING BIDS, BEING AWARDED BIDS OR CONTRACTS, OR
PERFORMING WORK BASED ON PRIOR POOR PERFORMANCE, OR
MISCONDUCT; DIRECTING THE CITY'S STATE LOBBYISTS TO INCLUDE THIS
ISSUE AS A 2017 STATE LEGISLATIVE PRIORITY; AND DIRECTING THE CITY
CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO CERTAIN STATE AND
LOCAL OFFICIALS.
Office of the City Attorney
Commissioner Micky Steinberg
ACTION: Resolution 2017-29740 adopted. Office of the City Attorney to handle.
9:46:28 a.m.
ADDENDUM MATERIAL 1
C7 V A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING THE ASSIGNMENT OF INTEREST OF COCA-COLA
REFRESHMENTS USA, INC. (BOTTLER) TO COCA-COLA BEVERAGES FLORIDA,
LLC (ASSIGNEE), IN CONNECTION WITH THAT CERTAIN AGREEMENT BETWEEN
THE CITY, BOTTLER AND COCA-COLA NORTH AMERICA, A DIVISION OF THE
COCA-COLA COMPANY, DATED MARCH 14, 2012; SAID ASSIGNMENT BEING
SUBJECT TO ASSIGNEE ASSUMING ALL OF BOTTLER'S OBLIGATIONS UNDER
THE AGREEMENT AND THE EXECUTION BY BOTTLER AND ASSIGNEE OF AN
ASSIGNMENT DOCUMENT IN THE FORM ACCEPTABLE TO THE CITY ATTORNEY;
AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
NECESSARY DOCUMENTS TO EFFECTUATE THE ASSIGNMENT OF THE
AGREEMENT.
Marketing and Communications
ACTION: Item referred to the Finance & Citywide Projects Committee by acclamation,
and return to the City Commission Meeting of March 1, 2017 . Item separated by
Commissioner Steinberg. John Woodruff to place on the February 17, 2017 Finance
& Citywide Projects Committee Agenda. Tonya Daniels to handle.
REFERRAL:
Finance & Citywide Projects Committee meeting of February 17, 2017, and return to the
City Commission on March 1, 2017.
DIRECTION:
Provide the following additional information at the Finance & Citywide Projects
Committee meeting:
• Review the terms of the current agreement between Coca-Cola and the City.
• Provide the terms of similar deals Coca-Cola has with other cities.
• Discuss ways to increase the amount of money the City receives from the
agreement.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 31 of 115
• Do a cost analysis, what would it cost if the City were not in this agreement (in terms
of loss revenues and cost to purchase product);
• Present an opportunity analysis.
• Provide information on other possible alternatives.
Commissioner Steinberg stated that she does not have a problem approving the
assignment, but it gives the City the opportunity to know the details of the contractual
agreement. She does not know if it makes sense to continue the contract or explore
other alternatives.
Tonya Daniels, Director of the Office of Communications, introduced the item and
provided background on the agreement.
Raul J. Aguila, City Attorney, explained that this is a ten-year agreement, which has five
years left to run.
Ms. Daniels added that the contract expires on December 21, 2021.
Commissioner Grieco asked what would happen if the City Commission did not approve
the assignment.
Ms. Daniels explained that the contract would be cancelled, if the City Commission does
not approve the assignment.
Commissioner Grieco stated that he would like to revisit the deal, because he believes
that Coca-Cola is greatly benefiting from this deal at the expense of the City. He asked
for details on the contract as it predates everyone on the dais.
Ms. Daniels stated that the agreement took effect on January 1, 2012, and is a ten-year
agreement ending in 2021. Each year the City receives $325,000, and the total amount
of the contract is $3.25 million. The City also gets $200,000 in marketing in the form of
cash or in-kind rights. Coca-Cola supplies 450 cases of complementary products each
year. In return, the City allows Coca-Cola to be the exclusive non-alcoholic beverage
provider for Miami Beach.
Discussion continued regarding the Coca-Cola contract.
Mayor Levine suggested referring the item to the Finance & Citywide Projects
Committee.
Ms. Daniels explained that the contract with Coca-Cola, if the assignment is not
approved, is effective until February 24, 2017. If the assignment were not signed by that
day, the current agreement between Coca-Cola and the City would be null and void.
Commissioner Arriola stated that he believes Coca-Cola will cooperate with the City if it
is interested in doing business in Miami Beach. He expressed his disapproval of Coca-
Cola as a company, as he considers it an unhealthy product.
Ms. Daniels stated that Coca-Cola has several vending machines throughout the City, if
the contract is not agreed to on February 24, 2017; all of those vending machines will
have to be retrieved and moved out of the City.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 32 of 115
Mayor Levine stated that he believes Coca-Cola is a wonderful corporation. He warned
the City Commission to approach this contract carefully, because the City may in fact
lose more than it thought it would by not agreeing to the assignment.
City Manager Morales stated that the next City Commission meeting will be on March 1 ,
2017, perhaps if the representative from Coca-Cola could extend the assignment period
until March 2 , 2017, it would give the Finance & Citywide Projects Committee and the
City Commission enough time to review all the contract terms.
City Attorney Aguila stated that a deadline extension should not be an issue, as the City
has on many occasions extended deadlines in multi-million dollar contracts without a
problem.
Joe Gentry, Vice-President of Sales for Coca-Cola Bottling of Florida, stated that they
are proud partners with the City of Miami Beach. They will honor the terms of the
agreement as it stands today. If the Mayor and City Commission want an extension to
assess the agreement, Coca-Cola will cooperate. Their commitment is to the City.
City Attorney Aguila asked whether Coca-Cola would allow enough time for the City to
send the agreement to be discussed at the Finance & Citywide Projects Committee
meeting on February 17, 2017, and then return to the City Commission for approval.
Mr. Gentry replied they would allow an extension.
Mayor Levine asked for the item to return to the March 1 , 2017 City Commission
meeting.
Commissioner Grieco stated that he would like to compare Miami Beach’s deal with
similar deals Coca-Cola entered with other cities; further discuss the deal terms, and try
to increase the City’s revenue from the deal.
Commissioner Steinberg asked for a cost analysis. The City gives away a great deal of
water and other products during events. She asked what the cost would be if there were
no contract in place.
Commissioner Alemán asked to see a study and opportunity analysis for the contract
performance on Coca-Cola’s side.
SUPPLEMENTAL MATERIAL 3: RESOLUTION
C7 W A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, WAIVING SPECIAL EVENT FEES, IN THE TOTAL AMOUNT OF
$13,480.00, FOR THE GROUNDUP MUSIC FESTIVAL TO BE HELD FEBRUARY 10-
12, 2017, AT THE NORTH BEACH BANDSHELL AND THE ADJACENT PARK.
Commissioner Ricky Arriola
ACTION: Resolution 2017-29741 adopted. Eva Silverstein to handle.
City Clerk’s Note: Moved from Item R9 R.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 33 of 115
REGULAR AGENDA
R5 – Ordinances
10:19:59 a.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.
10:00 a.m. Second Reading Public Hearing
First Reading Public Hearing January 25, 2017 – R5 A
Planning/Office of the City Attorney
Commissioner Ricky Arriola & Vice-Mayor Joy Malakoff
ACTION: Title of the Ordinance read into the record. Public hearing held . Ordinance
failed. Motion made by Commissioner Arriola; seconded by Vice-Mayor Malakoff to
adopt the Ordinance and extend the moratorium through March 2017. Ballot vote: 3-4;
Opposed: Mayor Levine and Commissioners Grieco, Rosen Gonzalez and Steinberg.
Commissioner Arriola explained that this moratorium was implemented shortly after the
November 2016 vote to legalize medical marijuana dispensaries throughout the State.
The moratorium was voted upon by this City Commission to give ample time to figure out
the zoning for where the medical marijuana dispensaries would be located. The item
was vetted at the Land Use & Development Committee, so this moratorium is a two-
month extension from the March expiration, through May 2017, to give staff time to
figure out the appropriate zoning; and it is the last time he is requesting an extension. He
expressed frustration for the delayed decisions by the City Commission. The City
Commission has discussed trashcans in the City for over a year. He believes that it they
take it upon themselves to worry about where trash cans go, they then owe it to
themselves to figure out where they are going to allow medical marijuana dispensaries
to open in the City. He urged his colleagues to study and get it done as quickly as
possible.
Vice-Mayor Malakoff added that the reason for the moratorium to continue is that the
zoning of medical marijuana dispensaries is extremely important. She has visited
different neighborhood associations and people want to have medical marijuana
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 34 of 115
dispensaries on Miami Beach, but not in their neighborhood. She explained that it is
important that they select the right locations, because at present they are talking about
medical marijuana; however, in many states medical marijuana has gone onto
recreational, and if that happens in the future, they have to be very careful with where
these dispensaries are located. She believes this is why this moratorium is worth having,
to get things right the first time and not make mistakes.
Eve Boutsis, Chief Deputy City Attorney, stated for the record, that Commissioner
Steinberg had originally requested a dual referral on the cannabis Ordinance, so it is
being heard for the second time in the final format at the Land Use & Development
Committee on February 15, 2017, and it could theoretically go in front of the Planning
Board in February.
Commissioner Steinberg stated that while she supported the moratorium originally, she
thinks it gives them time to properly plan. After discussing with the Office of the City
Attorney, she made sure that there was a dual referral, so it would not to slow down the
process; this way it would be discussed at the Land Use & Development Committee and
then at the Planning Board. Once the Planning Board makes a recommendation, it kicks
in a zoning in progress, whereby she feels the moratorium would be unnecessary. She is
confident that at the next Land Use & Development Committee meeting, it will move
forward to the Planning Board. For those reasons, she will not support the extension of
the moratorium. As a City, they can get that zoning in progress right.
Thomas Mooney, Planning Department Director, stated that if the item clears the Land
Use & Development Committee on February 15, 2017, they could notice it for the
Planning Board meeting of February 20, 2017.
Commissioner Arriola added that this would happen if the Land Use & Development
Committee makes a recommendation, and that is his frustration with this body, that they
cannot make decisions. He urged his colleagues to make a decision at the Land Use &
Development Committee.
Discussion held.
Mayor Levine explained that 80% of the Miami Beach residents voted for medical
marijuana, so he does not think that they need to slow things down; he will vote against
the moratorium once again.
Commissioner Grieco agrees with Mayor Levine and is opposed to the moratorium. He
is the only one that is communicating with State Legislature on this. He met last week
with the Senate’s sponsor of the legislation, and the Bill that is currently pending before
the State Senate, as it stands; limits the number of dispensaries per municipality to one
per 25,000 residents. The moratorium is something he is opposed to, especially with
over 79% of Miami Beach residents supporting the concept. People will come to realize
that dispensaries are more innocuous than the pills and oxycodone that have plagued
the community for over a decade, and they do not have zoning regulations for
pharmacies locations.
Commissioner Rosen Gonzalez understands that the Office of Compassionate Use was
doing workshops across the State, and asked if anyone had attended the workshop on
behalf of the City.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 35 of 115
Chief Daniel Oates attended a portion of the workshop, and in summarizing, he
explained that there were medical professionals from diversified backgrounds in
attendance, who testified before the Department of Health about the need for this
product to be available as a treatment option, and he thought they were very credible.
The great debate that is going on is over how the marijuana is distributed; the current
model and the Department of Health’s proposal is that the seven existing outfits that
have authorizations to distribute “Charlotte’s Web” be the outfits that distribute medical
marijuana for the State. Many people would like a different distribution model so they
can get into the business. That was a good portion of the discussion. There were folks
there testifying that this is the treatment that works for them, or their children, and that
the State needs to move quickly to make the product available.
Commissioner Grieco expects the State to enable conservative legislation to those
seven companies, with an opportunity for a potential expansion to an eighth, which
would probably be minority owned. This has been the model in many states recently.
The concern about marijuana going recreational, he thinks it may be five to ten years
away at minimum and the State would make adjustments at that time.
Chief Oates added that he was sent to Tallahassee last week to advocate for local
control, and attended a Florida Association of Counties seminar in Orlando; at that
meeting, the panel at the end included Senator Bradley and Representative Rodriguez,
who are charged by the majority in both Houses to work on this issue. Sally Heyman,
Miami-Dade County Commissioner, pointedly asked about the local control issue, and
they both committed to a group of about 200 people across the industry, law
enforcement, elected officials, County Commissioners, and everyone else in the room
that they are in favor of local control,. Miami-Dade Commissioner Hayman specifically
asked about the preemption issue. The two State Legislators indicated that the
legislature currently proposed leaves the decisions on local zoning at the local level.
Commissioner Rosen Gonzalez will vote no, as the moratorium is superfluous; they
know that they are going to have three dispensaries across the City. The State
Legislature is just now reaching out to the public, there will be discussion surrounding
the monopoly of only seven distributors allowed to have growing and distributing permits,
and it will take some time to discuss this. An expansion of the moratorium also sends the
wrong message to the 79% of the electorate who voted for medical marijuana.
Commissioner Alemán agrees with her colleague that there are much more harmful
substances in any pharmacy than what they will have in these dispensaries; however,
the difference is that pharmacies are well known and processes are set in and they
understand the process well, and this is new. There is no question that Miami Beach will
have medical marijuana dispensaries. Miami Beach has a good record of
accomplishment in getting their laws in timely, and she is happy to support Vice-Mayor
Malakoff on her request for a moratorium to give staff time to discuss the concerns. They
are trying to send a positive message of responsibility of being good custodians of the
residents and make good sound laws; that is the purpose of the moratorium, to do it
wisely and carefully.
Commissioner Arriola stated that since he has been assured by his colleagues that they
are ready to make a decision this week at the Land Use & Development Committee, so
in that case, he would be comfortable in not asking for an extension of the moratorium.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 36 of 115
However, he wants to hold his colleagues to their commitment to make a decision on
this.
Vice-Mayor Malakoff explained that once the item is vetted at the Land Use &
Development Committee and it goes to the Planning Board, and Planning Board votes
on it, it becomes zoning in progress, so at that point the moratorium is null and void.
However, what if at the Land Use & Development Committee, no decision is made or if
the Planning Board recommends different locations and they have some dissension with
the surrounding neighbors; then they would have to work with the neighbors. The
moratorium would just give more time to work with neighborhoods to make sure they are
putting the dispensaries in the right location; at this point North Beach, Middle Beach,
South Beach, and not be impacting neighbors or schoolchildren negatively. If they pass
the moratorium now, it just gives additional time, if in fact at the Land Use &
Development Committee there is not a meeting of minds and it has to go further with
more exploration within the neighborhoods.
Discussion continued.
Commissioner Arriola reiterated that this Commission has a problem making decisions,
and that is why they need the extension of the moratorium, but if they are ready to make
a decision, then the moratorium is not needed.
Commissioner Alemán wanted to enforce what Vice-Mayor Malakoff said, and explained
that at times they bring items back on the agenda due to title changes, for example, and
this restarts the process and causes delays, but she is ready for the Committee to move
the issue forward at the next Land Use & Development Committee meeting.
Commissioner Grieco reminded everyone that he is no longer a member of the Land
Use & Development Committee, but he sponsored all the local legislation regarding
medical marijuana; he initially referred the item last April, in anticipation that this would
pass in November 2016. He agrees with Commissioner Arriola that they need to address
things in a more expeditious fashion; however, this is a perfect example of not doing it;
but as a sponsor of the Ordinance, (regarding zoning regulation and the lengthy creation
of the BTR requirement), he wants to make sure they do things right, that they listen to
the will of the people and the voters, and that they monitor what is going on at the State
level, as well as being consistent with how other municipalities are addressing the issue.
He will try to attend the Land Use & Development Committee meetings and voice his
concerns, so that the spirit of the legislation that he has been working very closely with
the City Attorney on is honored.
Discussion continued.
Mayor Levine will vote against the moratorium, and by doing so he is taking the
responsibility, along with his colleagues voting in opposition, that if any dispensaries are
located in a neighborhood that does not welcomed them, they are on the wrong side of
the vote. Everyone should understand that.
Handouts or Reference Materials:
1. Ads Nos. 1267 & 1271 published in The Miami Herald
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 37 of 115
10:43:14 a.m.
R5 B TEMPORARY MORATORIUM ON ACLF & RELATED FACILITIES:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ESTABLISHING A TEMPORARY MORATORIUM FOR 180 DAYS
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 SECTION 163.3164(16), FLORIDA STATUTES),
BUSINESS TAX RECEIPTS, OR ANY OTHER LICENSE OR PERMIT FOR THE
ESTABLISHMENT OR OPERATION OF ADULT CONGREGATE LIVING FACILITIES,
ASSISTED LIVING FACILITIES, CRISIS STABILIZATION UNITS, RESIDENTIAL
DETOXIFICATION CENTERS, COMMUNITY RESIDENTIAL HOMES, AND
RESIDENTIAL MEDICAL REHABILITATION CENTERS, AND ANY SIMILAR OR
DERIVATIVE USES ASSOCIATED WITH SUCH USES, WITHIN THE CITY, IN ORDER
TO PROVIDE THE CITY WITH AN OPPORTUNITY TO REVIEW AND ENACT
DEFINITIONS AND REGULATIONS GOVERNING SAID USES; PROVIDING
PENALTIES FOR ANY VIOLATION HEREOF; PROVIDING FOR SEVERABILITY;
REPEALER OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR
AN EFFECTIVE DATE RETROACTIVE TO FEBRUARY 8, 2017; FOR ZONING IN
PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST
READING OF THIS ORDINANCE.
10:05 a.m. First Reading Public Hearing Planning and City Attorney
Commissioner John Elizabeth Alemán
Co-Sponsored by Commissioner Michael Grieco
ACTION: Title of the Ordinance read into the record. Public hearing held . Ordinance
adopted on first reading. Motion made by Commissioner Alemán; seconded by
Commissioner Grieco to adopt the Ordinance. Ballot vote: 6-1; Opposed: Mayor Levine.
Second Reading Public Hearing scheduled for March 1, 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.
Commissioner Alemán explained that there is a disconnect between the City Code and
the State Code, as the healthcare industry and the State of Florida have made changes
to their laws that require the City Code to be updated. There are existing terms in the
Code, such as ACLF, that are now obsolete. The purpose of this moratorium is to give a
chance to do two things; 1) they need to change the definitions; the Department of
Children and Families has 12 licensure categories; the Department of Health has 27; the
Agency for Healthcare Administration has 18, so there is a lot more complexity to this
than they have reflected, and this moratorium would allow, not only to update the Code
for definitions, but also to study the provision and locations of all these numerous uses.
Eve Boutsis, Chief Deputy City Attorney, stated that there are many legal uses that were
not contemplated, and they are looking to figure out where they belong, as a planning
perspective.
Commissioner Arriola added that this item is trying to institute a moratorium so they can
better refine definitions of these categories, in order to properly zone and consider future
uses; and that is a responsible thing to do, just as he tried to do with medical marijuana
dispensaries.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 38 of 115
Handouts or Reference Materials:
1. Ads Nos. 1262 & 1267 published in The Miami Herald on January 8, 2017 – 30-days’ notice.
2. Email from John Alemán dated February 7, 2017 RE: Commissioner Grieco wishes to co-
sponsor R5 B.
10:46:40 a.m.
R5 C 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 ONE
AND A HALF PERCENT (1.5%) OR MORE, RATHER THAN A CPI INCREASE OF
FIVE (5) PERCENT OR MORE; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
10:10 a.m. Second Reading Public Hearing Public Works
First Reading on January 25, 2017 - R5 B Commissioner Ricky Arriola
ACTION: Title of the Ordinance read into the record. Public hearing held . Ordinance
2017-4070 adopted. Motion made by Vice-Mayor Malakoff; seconded by Commissioner
Arriola to adopt the Ordinance. Ballot vote: 6-1; Opposed: Commissioner Grieco. Eric
Carpenter to handle.
Jay Fink, Assistant Public Works Director, introduced the item and explained that if the
annual installment or fee exceeds $2,000, then applicants may defer and pay in two
components. When the Energov permitting system was implemented, because it was a
permit, the system could not handle this and they had to switch to a manual system in
order to be able to effect what the current Ordinance says. Based on the City's Auditors
opinion, Crowe Horwath, any manual processing is not a good idea and it poses a higher
risk. For the current permit cycle, they have implemented a system to maintain for this
year the two-payment process; however, this proposed change would take effect with
the permit year commencing October 1, 2017. Additionally, the Ordinance requires
review of the annual permit fee, which is required when the Consumer Price Index is
changed between the latest CPI, and when the date of the CPI use for the last fee
adjustment is more than 1% or greater.
Commissioner Steinberg is concerned about creating unintended consequences for
small mom and pops cafés that want to succeed in the City. She explained that these
payments are due when businesses are coming off a summer and hurricane season,
which is not their best season to require a lump sum.
Mr. Fink explained that this is a fee based on $20 per square foot of the right-of-way,
and mom and pop’s cafés have small footprint. When comparing the $20 per square foot
to the rent payment monthly, is a very small amount.
Commissioner Alemán asked if they charge the same per square feet per sidewalk café
fee for all locations. She would be interested in a restructure, depending on where the
business is located.
After Action February 8, 2017 Commission Meeting City of Miami Beach
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Mr. Fink answered that they charge the same fee regardless of location with the
exception of north of 63 rd , where the fee has been waived up until September.
Discussion held.
Vice-Mayor Malakoff added that the amount of fees that the City gets at $20 per square
foot is approximately 1/20 th of what the fees are for the rent inside, and she does not
think $20 per square foot is unreasonable. The small mom and pop cafés do not have
much to pay, because they do not have any tables or chairs outside and are paying
much more rent on their interiors.
Commissioner Rosen Gonzalez was concerned that restaurants in North Beach have
been struggling and fees should be waived. Mr. Fink clarified that the fees have been
waived by previous action of this City Commission.
Discussion continued.
Commissioner Steinberg stated that it is not a matter of what they are charging, but if it
is a one lump sum payment or whether they have it as two partial payments; the
rationale of a one-lump sum is for the City’s efficiency, and she wanted to make sure
that there are no any unintended consequences to the cafés.
Vice-Mayor Malakoff explained that the new system does not accept partial payments,
and it is for City’s efficiencies, but because as recommended by the City’s Auditor, they
do not want to go to a manual type payment.
Discussion continued regarding the new system.
Mr. Fink explained that the new system does not understand the making of two
payments for one permit; so they issue of two payments for those sidewalk cafés that
want to take advantage of this requires a manual process in order to issue two invoices
per year. Again, the City’s Auditors have suggested streamlining the process, making it
automatic; thereby removing the manual process completely.
Commissioner Rosen Gonzalez suggested adopting the item and educating people that
the City requires one payment, and if someone has a complaint, they should honor him
or her at least for the first two years.
Jimmy L. Morales, City Manager, stated that out of over 200 sidewalk cafés, only 25 of
them use partial payment; the majority of them pay upfront.
Handouts or Reference Materials:
1. Ad No. 1267 published in The Miami Herald
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 40 of 115
10:54:58 a.m.
R5 D 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.
10:15 a.m. Second Reading Public Hearing Planning/Office of the City Attorney
First Reading on January 11, 2017 - R5 A
Commissioner Ricky Arriola & Co-Sponsored by Vice-Mayor Joy Malakoff
ACTION: Title of the Ordinance read into the record. Public hearing held . Ordinance
2017-4071 adopted. Motion made by Vice-Mayor Malakoff; seconded by Commissioner
Arriola to adopt the Ordinance. Ballot vote: 7-0. Thomas Mooney and Office of the
City Attorney to handle.
Mayor Levine stated that there is consensus at the dais that the item will pass.
The following individuals spoke in opposition:
Larry Thorson
Kirk Pascal
Commissioner Alemán believes this moratorium provides confidence to concerned
individuals; they removed Tatum Waterway from the Local Historic District boundary
because of its proximity to water and sea level rising. She is in favor of the moratorium to
build comfort and trust and allow them to engage fully positively to collaborate on the
Conservation District guidelines, as well as the Local Historic Districts. She also would
like to see the Commission engage in other parts of the Master Plan that need to move
forward.
Handouts or Reference Materials:
1. Ads Nos. 1267 & 1269 published in The Miami Herald
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 41 of 115
11:04:13 am.
R5 E 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.
10:20 a.m. Second Reading Public Hearing Office of the City Attorney
First Reading on January 11, 2017 - R5 I Commissioner Michael Grieco
ACTION: Title of the Ordinance read into the record. Public hearing held . Ordinance
2017-4072 adopted. Motion made by Commissioner Grieco; seconded by
Commissioner Alemán to adopt the Ordinance. Ballot vote: 7-0. Hernan Cardeno and
Chief Oates to handle.
Rafael E. Granado, City Clerk, announced that Alex Perez has signed up to speak.
Mayor Levine introduced Mr. Boksner.
Aleksandr Boksner, Deputy City Attorney, explained that the Ordinance specifically
addresses the regulation of advertising taking place on vessels. There are vessels that
are not being operated as such, but as mobile billboards in advertising platforms. This
Ordinance prohibits such conduct and identifies criteria that must be utilized to
determine whether there is a violation of the Ordinance. There are two exemptions
identified under Subsection C; one, it identifies specific definition as to what is deemed
an advertising vessel and what is deemed to be a vessel; second, it identifies the
penalties and enforcement and the authority who shall enforce its provisions, in
conjunction with the fines for the first, fourth and subsequent offense that occur within a
six month period of time. At the January 11, 2017 Commission Meeting, there was
discussion that the City is pre-empted because of existing State legislation. He
researched the matter, and the pre-emption language in State law does not apply, as the
City is regulating the advertisement, not the vessel, therefore, it is not applicable.
Luis Alexander Perez, representing Ballyhoo Media, LLC., understands that the
Ordinance does not apply to the Atlantic Ocean, but is unclear as where it applies in
relation to Biscayne Bay.
Mr. Boksner stated that Subsection A states that it is the jurisdiction of the City in which
the public has a right to travel, and that is ultimately the extent of their authority, which is
where the Miami Beach Police Department has the ability to go out within the public
waters and ascertain within its jurisdictional boundaries specifically this prohibition.
Mr. Perez inquired if it is specifically a Corporate Charter boundary, or does it extend
beyond the Miami Beach Corporate Charter boundary.
Mr. Boksner clarified that the Ordinance identifies jurisdictional waters of the City, and
while this is not a Court forum, he will be happy to deal with that, in the event that there
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 42 of 115
is a challenge regarding whether or not there is jurisdiction of the City of Miami Beach
taking enforcement action for violation of Section 66-155.
Discussion held.
Mayor Levine advised Mr. Perez that he has three minutes to speak during this public
hearing.
Mr. Perez asked what legal basis have been asserted for the City to regulate advertising
on waters, and asked if they could have a public discussion on the matter.
Commissioner Grieco stated that this is a policy decision, and if Mr. Perez has concerns
regarding the legality of the City’s action, there is a forum in which he can address that.
Commissioner Grieco has faith that this has been vetted by the Office of the City
Attorney, and he is comfortable with the Ordinance.
Mr. Perez stated that his concern is can they get a basis on the record, to determine the
constitutional validity of this Ordinance.
Mr. Perez stated that the Ordinance is allegedly written to protect the local economy;
and asked if the City has conducted studies or has any empirical data to back up that
assertion.
Commissioner Rosen Gonzalez stated that it is intrusive to beachgoers having a
billboard in the waters. Many people have complained about the billboards that are
bothering tourists.
Discussion continued.
Commissioner Grieco explained that this forum is for them to convince this body not to
vote for the item, but it is not for them to make any legal argument or get adversarial with
them. He suggested for them to make their pitch, and then they will vote.
Mayor Levine invited Mr. Shapiro to speak.
Adam Shapiro, CEO & President, Owner of Ballyhoo, LLC., gave a brief background of
how his company was founded, what they do and what they offer. They are here to help
and he hopes they can.
Mayor Levine stated that he can appreciate his entrepreneurial zeal, and he knows that
this is challenging, but the consensus is not at the dais, because residents have
complained.
Discussion held.
Mr. Boksner added that the Ordinance is content neutral; but more importantly, and only
addresses time, place and manner restrictions, so that in the event that there is a
potential challenge regarding its Constitutional, they believe the Ordinance, as it will be
enacted, meets all the Constitutional requirements.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 43 of 115
Handouts or Reference Materials:
1. Ad No. 1267 published in The Miami Herald
2. Speakers List
11:15:25 a.m.
R5 F COMPREHENSIVE PLAN – TRANSIT MASTER PLAN AND CONCURRENCY
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: P 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.
10:25 a.m. First Reading Public Hearing Planning
Item became First Reading again after title change) Commissioner Ricky Arriola
Continued from January 11, 2016 - R5 C
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 44 of 115
ACTION: Title of the Ordinance read into the record. Public hearing held . Ordinance
adopted on first reading. Motion made by Commissioner Alemán; seconded by Vice-
Mayor Malakoff to adopt the Ordinance. Ballot vote: 7-0. Second Reading Public Hearing
scheduled for March 1, 2017. Rafael E. Granado to notice. Lilia Cardillo to place on the
Commission Agenda, if received. Thomas Mooney to handle.
RECOMMENDATION:
Reference the Resolution that requires voter approval for any rail project in the
Commission Memorandum for second reading.
Thomas Mooney, Planning Department Director, introduced the item and explained that
this Ordinance was separated from the previous item that was before the City
Commission late last year that contemplated an LDR amendment for establishing the
framework for transit intermodal facilities. The LDR amendment was tabled indefinitely
by the City Commission, and then the City Commission directed staff to prepare a new
first reading for the Comprehensive Plan; which also removes all references to
amending the Future Land Use Category to allow transit intermodal facilities, as well as
the references to potential accessory uses to transit intermodal facilities. The remainder
of the Comprehensive Plan amendment is intact; this serves a dual purpose: 1) there are
a number of important policies specific to the implementation of the Transportation
Master Plan contained within the Comprehensive Plan Amendment, and 2) it addresses
the current waiver provision of the Ordinance adopted by the City Commission in
December, that allows the City Commission to waive concurrency fees for publicly
owned buildings. The Comprehensive Plan also needs to be amended before the City
Commission could actually adopt the necessary Resolutions. They are recommending
approval of the revised version of the Comprehensive Plan Amendment, as drafted.
Robert Lansburgh stated that this Ordinance is borne from the desire to build a light rail
system in South Beach; a project he believes is not in the best interest of Miami Beach.
The item has been deferred numerous times. He gets upset when he hears “transit
intermodal facility” in the City, as he does not believe that a small seaside village is
conducive to transit intermodal facilities. He believes this entire process should be
restarted; it should not pass today, and there should never be a piece of rail in the
streets of Miami Beach.
Frank Del Vecchio explained that if the City Commission enacts this as a
Comprehensive Plan Amendment, it does not require action, it just gives the
Commission a framework, and that framework does permit for light rail. There was
sentiment that there should be no light rail in the City; however, many residents were
open to there being a light rail if there was a connection to the mainland. The City
Commission decided that the connection was not guaranteed by the County, and the
Commission did not want to take action until this is guaranteed, and until there is a
Charter amendment that gives residents a voice. Mr. Del Vecchio explained that
language removed included a bonus that could have been given to a building along the
road that was going to accommodate light rail. His suggestion is that it is good to get the
Comprehensive Plan in process with the State to have the framework that would enable
the City, when ready, to make a decision to pass zoning or any bonuses. The one thing
that has not been addressed is if the Commission would put into the process a Charter
amendment that would give residents the vote, perhaps in the November 7, 2017
General Election regarding rail. Mr. Del Vecchio thinks many people would feel more
secure if it is packaged with a Charter amendment.
After Action February 8, 2017 Commission Meeting City of Miami Beach
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Mayor Levine recalls that the community did not want to do a light rail within the City
unless the County moves forward with Bay Link, then at that point if there is a guarantee,
the City Commission votes on it; and secondly, assuming the City Commission in the
future votes in favor of it, then it has to go to a public referendum.
City Attorney Aguila added that the reason why they have not brought any proposed
ballot questions before the City Commission is that pursuant to County Code it is
premature, and cannot be adopted by this City Commission, because they have to be
adopted no earlier than 120 days before the scheduled election; therefore, to approve
any ballot questions at this time would be invalid. In answering Mayor Levine’s question,
City Attorney Aguila explained that the referendum language is already a requirement
pursuant to Resolution and it is the direction of the City Commission took. This
Comprehensive Plan in no way approves light rail in Miami Beach, as this light rail
approval is condition on the terms of that Resolution. This Comprehensive Plan
Amendment is not exclusive to light rail.
Commissioner Arriola added that they still have to find a mass transit solution for the
public, and this addresses that.
Commissioner Alemán explained that the word “intermodal” does not mean rail and it is
not a rail term. Intermodal means simply between modes, such as walking, riding a
bicycle, a train, a bus or a trolley.
Discussion held.
Commissioner Rosen Gonzalez is in support of the item. She explained that the land
triangle on the entrance of 41 st Street belongs to the State, and if the City wants to build
a parking garage on that land for City employees, that would help take vehicles off the
Road. She thinks this is one of the reasons why they are creating this use, so they can
begin the project with the State. She is in favor of Bay Link and this item.
Frank Del Vecchio asked the City Commission to consider a motion, between now and
July 7, 2017, adding a Charter amendment.
Mayor Levine explained that a Resolution was adopted stating that light rail cannot move
forward without going to referendum, but at this time it would not be appropriate; since it
is pending what happens at State level.
Discussion continued.
Robert Lansburgh respectfully disagrees with the suggestion that residents will approve
a circular around South Beach, as long as it is done in conjunction with Bay Link. He
also stated that the only industry actively lobbying elected officials is the train system.
Discussion held.
Commissioner Grieco will vote on the item, but suggested between first and second
reading he would like to see potential language that would exclude the possibility of rail
uses for purposes of these intermodal facilities. Since they are talking other modes of
transportation, he would like to see alternative languages that preclude rail at this time.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 46 of 115
Discussion continued.
Commissioner Alemán stated that they passed a Resolution that this City Commission
would not pursue rail without the vote of the people, and if they put this out now, it is
going to confuse people as to having a rail project, which they do not.
Mayor Levine asked if this item could be tied to the Resolution.
Raul J. Aguila, City Attorney, clarified that they are not trying to mislead anyone; every
reference to the light rail system was deleted from this Resolution.
Commissioner Alemán requested referencing the Resolution in the Memorandum or in
the analysis for second reading. Thomas Mooney to handle.
Handouts or Reference Materials:
1. Ads Nos. 1270 and 1274 published in The Miami Herald
11:57:01 a.m.
R5 G NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICTS DEMOLITION
MORATORIUM:
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 THE FOLLOWING AREAS/PROPERTIES: PROPERTIES
LOCATED BETWEEN TATUM WATERWAY DRIVE/BYRON AVENUE ON THE WEST
AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOTT AVENUE ON THE
EAST BETWEEN 77TH STREET ON THE SOUTH AND 86TH STREET ON THE
NORTH; THE PROPERTIES LOCATED BETWEEN THE TATUM WATERWAY ON
THE WEST AND THE EASTERN LOT LINES OF LOTS FRONTING ABBOT AVENUE
ON THE EAST BETWEEN 75TH STREET ON THE SOUTH AND 77TH STREET ON
THE NORTH; THE PROPERTIES LOCATED AT 8519, 8525, AND 8527 CRESPI
BOULEVARD; THE PROPERTIES FRONTING NORMANDY DRIVE FROM RUE
NOTRE DAME ON THE WEST TO BAY DRIVE ON THE EAST; THE PROPERTIES
FRONTING 71ST STREET FROM RUE NOTRE DAME ON THE WEST TO BAY DRIVE
ON THE EAST; THE PROPERTIES FRONTING THE EAST SIDE OF RUE
VERSAILLES FROM 71ST STREET TO BIARRITZ DRIVE; THE PROPERTIES
FRONTING BIARRITZ DRIVE FROM RUE VERSAILLES ON THE WEST TO RUE
VENDOME ON THE EAST; THE PROPERTIES FRONTING RUE VENDOME FROM
71ST STREET ON THE NORTH TO BREST ESPLANADE ON THE SOUTH; THE
PROPERTIES FRONTING BREST ESPLANADE; THE PROPERTIES FRONTING THE
WEST SIDE OF BAY DRIVE FROM BREST ESPLANADE ON THE SOUTH TO 71ST
STREET ON THE NORTH; THE PROPERTIES FRONTING THE EAST SIDE OF BAY
DRIVE FROM 71ST STREET ON THE SOUTH TO THE NORMANDY WATERWAY ON
THE NORTH; 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,
FEBRUARY 8, 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
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 47 of 115
SEVERABILITY; R E P EA L OF CONFLICTING ORDINANCE PROVISIONS; AND
PROVIDING FOR AN EXPIRATION DATE.
10:30 a.m. First Reading Public Hearing Planning/Office of the City Attorney
Vice-Mayor Joy Malakoff
ACTION: Title of the Ordinance read into the record. Public hearing held . Ordinance
adopted on first reading. Motion made by Commissioner Steinberg to adopt the
Ordinance; seconded by Commissioner Arriola. Ballot vote: 7-0. Second Reading Public
Hearing scheduled for March 1, 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.
No discussion.
Handouts or Reference Materials:
1. Ad No. 1274 & 1275 published in The Miami Herald
5:07:34 p.m.
R5 H DISCONTINUANCE OF NONCONFORMING USES.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE IX, "NONCONFORMANCES," TO ADD SECTION 118-390
"PURPOSE/APPLICABILITY," AND AMEND SECTION 118-394, "DISCONTINUANCE
OF NONCONFORMING USES" TO DEFINE THE PROCESS FOR RETAINING LEGAL
NON-CONFORMING USES AND ESTABLISH GUIDELINES FOR DETERMINING
WHETHER THERE HAS BEEN AN INTENTIONAL AND VOLUNTARY
ABANDONMENT OF A NONCONFORMING USE; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
5:01 p.m. First Reading Public Hearing Planning
Commissioner Michael Grieco
ACTION: Title of the Ordinance read into the record. Public hearing held . Ordinance
adopted on first reading as amended. Motion made by Commissioner Alemán to
adopt the Ordinance, amending the nonconforming use period to six months; seconded
by Commissioner Grieco. Ballot vote: 7-0. Second Reading Public Hearing scheduled for
March 1, 2017 . Rafael E. Granado to notice. Lilia Cardillo to place on the Commission
Agenda, if received. Thomas Mooney to handle.
AMENDMENT:
Six months or 180 days late for nonconforming use
Thomas Mooney, Planning Department Director, introduced the item and explained that
this Ordinance sets forth a much stronger purpose and applicability standards, and
creates standards for when a nonconforming use can be retained if work is being done
on the property or if the property is vacated/vacant. The first thing the Ordinance does is
that it extends the period from six to twelve months for how long a building can be
voluntarily abandoned. The Land Use & Development Committee, when considering the
Ordinance, recommended 18 months, but the City Commission modified that to a 12-
month rule. This Ordinance also creates specific standards for how a nonconforming use
can be retained if a building is vacated; one would be either the continual operation of
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 48 of 115
the use or continual possession of any necessary and valid state and local permits,
building permits, licenses or pending applications or approvals related to prolonging the
existence of the use. The Administration recommends approval on first reading.
Discussion held.
Mayor Levine explained that if Purdy Lounge, for example, decided to close, as long as
they find a tenant within 12 months, that new tenant could continue to operate until 5
a.m.; this is a bonus for such businesses. He cannot support the item.
Commissioner Alemán discussed this at the Land Use & Development Committee; the
original request was 18 months, and the Committee members decided on 12 months,
since property owners have to find a new tenant and that takes time. On the one hand,
there are businesses that the community does not like and they are given more time, but
at the same token, they are protecting those establishments that the community does
value. So rather than judging the passage of this Ordinance on one business or another,
the spirit of this legislation is to be realistic and reasonable in terms of an existing
nonconforming businesses to give them a reasonable timeframe to go through the
proper steps to find a new tenant. She was not in favor of 18 months, but tends to favor
12 months.
Commissioner Rosen Gonzalez stated that six months is standard in other
municipalities, and as nonconforming uses go out of business, the City should not make
it easier for them to reopen. Many of these nonconforming uses are bars and nightclubs.
She asked how many nonconforming use nightclubs are there across the City that can
potentially go out of business. She will vote in opposition.
Mr. Mooney answered that there are probably a handful, and it would be in the areas
that prohibit entertainment in South Beach and Sunset Harbour area.
Commissioner Arriola also voted to scale it back to 12, and will consider six, but he has
heard arguments as to why six months is not workable. There are some businesses that
add character to the neighborhood; and with today’s regulations, they would be
nonconforming. He asked Mr. Mooney to explain.
Mr. Mooney explained that some of the concerns raised by business owners were that at
times, a property owner could have a nonconforming use and have a tenant engage in
litigation, or have a tenant vacate the premise in order to hold the property owner
hostage. There are instances where the additional six month can be beneficial; however,
there are circumstances where the six months are legitimate and others where they
cannot find a tenant.
Discussion continued.
Commissioner Alemán asked if there is a disastrous event and repairs are needed, is
that also part of the Code.
Mr. Mooney explained that the six month only applies when someone abandons the
property. In answering Commissioner Rosen Gonzalez, he stated that if the property is
renovating the interior or the building, the nonconforming use could be kept.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 49 of 115
Discussion continued.
Eve Boutsis, Chief Deputy City Attorney, opined that whatever the decision is as to the
length of time, they recommend that the rest of the Ordinance proceeds as it gives
clarification of certain interpretations made by the Planning Department, but are not in
the Code. In answering Commissioner Rosen Gonzalez, she read additional language
into the record regarding definitions on Page 576 of the Agenda:
118-390 Purpose/Applicability.
2. The term "nonconformity" shall refer to a use, building, or lot that does not comply with
the regulations of this article. Only legally established nonconformities shall have rights
under this section.
3. For purposes of this section, the term "expansion" shall mean an, addition,
enlargement, extension, or modification to a structure that results in an increase in the
square footage of the structure, an increase in the occupant content or an increase in
the number of seats.
4. For the purposes of this section, "legally established" shall apply to the following
circumstances:
a. A lot that does not meet the lot frontage, lot width, lot depth, and/or lot area
requirements of the current zoning district, provided that such lot met the
regulations in effect at the time of platting.
b. A site or improvement that is rendered nonconforming through the lawful use of
eminent domain, an order of a court of competent jurisdiction. or the voluntary
dedication of property.
c. An existing use which conformed to the code at the time it was established.
d. A building, use and/or site improvement that had received final approval through a
public hearing pursuant to this chapter: or through administrative site plan review
and had a valid building permit.
e. There shall be no variance of the nonconforming use(s) section of this Article IX.
It also states that the discontinuance of a nonconforming use is that it shall not be
enlarged, extended, intensified, changed, except for making a more conformity.
Discussion continued.
Commissioner Grieco sponsored two legislations, one involving Sunset Harbour and the
other involving the South of Fifth Neighborhood, with the intent not to penalize property
owners; this is about landlords, not about businesses or protecting anything other than
the landlords that would be negatively impacted. This body decided to protect mixed-use
neighborhoods, including protection proposals that have been sponsored by other
Commissioners. Six months is not enough time to find a new tenant, and is not
reasonable. This is about fairness and he is the one that created the protections in two
of the neighborhoods; but at the same time, he wants to ensure that property owners are
given some flexibility in their ability to continue the uses they have.
Mayor Levine does not think anything over six months is appropriate.
The following individuals spoke:
Bruce Backmann
Marilyn Freudlich
After Action February 8, 2017 Commission Meeting City of Miami Beach
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James Rauh, Esq., on behalf of Big Pink and Prime Fish, stated that this section of the
Code needed updating. As it stands now, if a fire shuts a business down it will put them
out of business forever. The Ordinance itself is good; however, when a restaurant
operation goes out of business, it is not only hard to find a new tenant, but then there is
the need to negotiate the lease, construction documents, etc., and it takes a long time.
Six months is difficult, if not impossible, to get a new use established, or just to obtain a
building permit.
Commissioner Steinberg inquired as to what causes businesses to be nonconforming.
Commissioner Grieco explained that robust legislation was adopted in Sunset Harbour
with changes of seating and alcohol hours, as well as the hours of outdoor cafés. The
intent was not to be punitive but to take a snapshot of what is happening and prevent the
proliferation of the type of uses appearing in many neighborhoods in the City. Those
existing businesses that are now prohibited in these neighborhoods are grandfathered
and become legal nonconforming uses. Commissioner Grieco thought that the proposed
Ordinance was sound government and legislation, but there may not be enough votes to
pass it as is.
Thomas Mooney, Planning Department Director, stated that in the case of Big Pink,
when they opened up in 1994, the property was zoned commercial; then it was rezoned
in 1998-1999 to residential, and the Big Pink became legal, non-conforming. In other
instances, there may be restaurants that had an up to 350 persons capacity that opened
before the NIE criteria was adopted, which now requires CUP approval for any over 229.
It can be a combination of zoning or district changes, a change in legislation such as
recent legislation adopted by the City Commission limiting the alcohol sale to 2:00 a.m.
in certain districts.
Commissioner Grieco added that if Big Pink, for example, could not find a tenant in six
months, then it or the new tenant could no longer continue the same business model.
Discussion continued.
Commissioner Steinberg suggested moving forward without the 12 months; and
suggested proceeded with 6 months or 180 days instead.
Handouts or Reference Materials:
1. Ads Nos. 1263 & 1268 published in The Miami Herald
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 51 of 115
5:31:27 p.m.
R5 I SHORT TERM RENTALS IN THE COLLINS WATERFRONT LOCAL HISTORIC
DISTRICT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH,
SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," OF CHAPTER 142,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY AMENDING DIVISION 2,
ENTITLED "ACCESSORY USES"; BY AMENDING ARTICLE IV, ENTITLED
"SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING DIVISION 3,
ENTITLED "SUPPLEMENTARY USE REGULATIONS," BY AMENDING SECTION 142-
1111(b)(3), ENTITLED "ELIGIBILITY WITHIN THE COLLINS WATERFRONT LOCAL
HISTORIC DISTRICT," WHICH WILL MODIFY THE ELIGIBILITY REQUIREMENTS
AND PROVISIONS FOR PROPERTY OWNERS; BY AMENDING SECTION 142-
1111(b)(4), ENTITLED "SHORT-TERM RENTAL OF APARTMENT UNITS OR
TOWNHOMES," BY ESTABLISHING A NEW TIME PERIOD FOR OWNERS OF
PROPERTY IN THE COLLINS WATERFRONT LOCAL HISTORIC DISTRICT TO
APPLY FOR APPROVAL OF A CERTIFICATE OF USE THAT PERMITS SHORT-
TERM RENTAL OF APARTMENT AND TOWNHOME RESIDENTIAL UNITS; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
5:02 p.m. First Reading Public Hearing Planning
Commissioner John Elizabeth Alemán
ACTION: Title of the Ordinance read into the record. Public hearing held . Ordinance
adopted on first reading as amended. Motion made by Commissioner Alemán;
seconded by Vice-Mayor Malakoff to adopt the Ordinance as amended with the effective
date adjusted to April 1, 2017. Ballot vote: 6-0; Abstained: Commissioner Steinberg.
Second Reading Public Hearing scheduled for March 1, 2017. Rafael E. Granado to
notice. Lilia Cardillo to place on the Commission Agenda, if received. Thomas Mooney
to handle.
AMENDMENT:
Effective date adjusted to April 1, 2017
Commissioner Steinberg recused herself. She explained that as a perception issue with
a family member who owns a unit in the area, she abstained.
Commissioner Alemán explained that this Ordinance had to go back to Planning Board
for a title change; but in 2014, when the short-term rental Ordinance was amended to
allow transient rentals in the Collins Waterfront District, owners were given a window in
which to register; however, there was confusion from owners that they were already
legally permitted, and some did not obtain their BTRs. The area is limited to the Collins
Waterfront District and some units are small and not readily rentable for long term living.
The purpose of this Ordinance is to reopen that window for three months, and give these
property owners another chance to comply. She suggested amending the effective date
to April 1, 2017.
Aleksandr Boksner, Deputy City Attorney, stated that on second reading, he would
incorporate the new timeframe.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 52 of 115
Thomas Mooney, Planning Department Director, added that in addition to opening up
the window, they have also slightly adjusted how buildings can utilize the different short-
term uses. When the Collins Waterfront District short-term rental area was created, the
use was limited to buildings that were only using the entire building for short-term
rentals; this was adjusted by adding language that gives flexibility, if the Condominium
Association authorizes those uses.
Deputy City Attorney Boksner stated that not only did they modify that language, but also
inserted a provision, as done in previous provisions within 142.1111, where there must
be an affirmative obligation to notify that they are in fact short-term or long-term tenants;
in order to avoid issues that may arise by someone not realizing that the building itself
can have both type of uses in the same premises.
Discussion held.
Commissioner Rosen Gonzalez stated that these were originally designed as hotel units,
and they should be rented.
Handouts or Reference Materials:
1. Ad Nos. 1264 & 1268 published in The Miami Herald
2. Form 8B #134 signed by Commissioner Micky Steinberg
5:36:45 p.m.
R5 J LINCOLN ROAD PROHIBITED USE AMENDMENT:
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
114 OF THE CITY CODE, ENTITLED "GENERAL PROVISIONS," TO PROVIDE FOR
DEFINITIONS FOR "CHECK CASHING STORE," "CONVENIENCE STORE," "OCCULT
SCIENCE ESTABLISHMENT," "PHARMACY STORES," "SOUVENIR AND T-SHIRT
SHOP," "TATTOO STUDIO," AND RELATED DEFINITIONS; AMENDING CHAPTER
142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," AT DIVISION 6, "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT,"
SECTION 142-335, "PROHIBITED USES"; TO CREATE CERTAIN PROHIBITED USES
ON LINCOLN ROAD BETWEEN COLLINS AVENUE AND ALTON ROAD; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
5:03 p.m. First Reading Public Hearing Planning
Commissioner Michael Grieco
ACTION: Title of the Ordinance read into the record. Public hearing held . Ordinance
adopted on first reading as amended. Motion made by Commissioner Steinberg;
seconded by Commissioner Alemán to adopt the Ordinance with the prohibition of
medical marijuana dispensaries on Lincoln Road. Ballot vote: 7-0. Second Reading
Public Hearing scheduled for March 1, 2017 . Rafael E. Granado to notice. Lilia Cardillo
to place on the Commission Agenda, if received. Thomas Mooney to handle.
AMENDMENT:
Prohibit medical marijuana dispensaries on Lincoln Road
Thomas Mooney, Planning Department Director, explained that the Ordinance creates
definitions for a number of different uses in Section 114; and secondly it expands the
prohibited uses in the CD-3 district for properties fronting Lincoln Road between Alton
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 53 of 115
Road and Collins Avenue. These prohibited uses would include the newly defined terms
of Check cashing stores, Convenience stores, Occult science establishments, Pharmacy
stores, Souvenirs, Souvenir and T-shirt shop and Tattoo studios.
Eve Boutsis, Chief Deputy City Attorney, explained that certain uses are not allowed on
Lincoln Road.
Vice-Mayor Malakoff suggested prohibiting medical marijuana dispensaries on Lincoln
Road.
Chief Deputy City Attorney Boutsis explained that the moratorium is in place, and this
prohibition could be added now or they can wait for the moratorium and designate areas
where dispensaries would be located.
Commissioner Grieco accepted Vice-Mayor Malakoff’s amendment.
Handouts or Reference Materials:
1. Ad Nos. 1265 & 1268 in The Miami Herald
5:44:11 p.m.
R5 K OCEAN DRIVE ACCESSORY RETAIL MODIFICATIONS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 13, "MXE -
MIXED USE ENTERTAINMENT DISTRICT," BY AMENDING SECTION 142-546
THEREOF, ENTITLED "ADDITIONAL RESTRICTIONS FOR LOTS FRONTING ON
OCEAN DRIVE, OCEAN TERRACE AND COLLINS AVENUE," TO MODIFY
REGULATIONS PERTAINING TO RETAIL USES ON LOTS FRONTING OCEAN
DRIVE, AND BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS,"
DIVISION 2, "ACCESSORY USES," BY AMENDING SECTION 142-904 THEREOF,
ENTITLED "ADDITIONAL MIXED USE ENTERTAINMENT DISTRICT REGULATIONS"
TO MODIFY REGULATIONS PERTAINING TO RETAIL USES ON LOTS FRONTING
OCEAN DRIVE AND PRECLUDING VARIANCES OF THE PROVISION; PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
5:04 p.m. First Reading Public Hearing Planning
Commissioner Ricky Arriola
ACTION: Title of the Ordinance read into the record. Public hearing held . Ordinance
adopted on first reading. Motion made by Commissioner Arriola; seconded by
Commissioner Alemán to adopt the Ordinance. Ballot vote: 7-0. Second Reading Public
Hearing scheduled for March 1, 2017 . Rafael E. Granado to notice. Lilia Cardillo to
place on the Commission Agenda, if received. Thomas Mooney to handle.
Thomas Mooney, Planning Department Director, stated that under Section 142-904,
whenever an accessory retail use is proposed in the MXE District along Ocean Drive, for
either as accessory to a hotel or to an apartment, the square footage of that retail is
limited; it is 75 square feet per hotel rooms, and no more than 25% of the ground floor if
an apartment. Under the Code; however, people could ask for variance to have a larger
retail area. As part of the 10-Point Plan, one of the suggestions was to remove that
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 54 of 115
variance by placing a no variance provision in that section of the Code. The Planning
Board has endorsed the item and the Administration recommends approval on first
reading.
Commissioner Arriola explained that Ocean Drive has been conceived to be a café/hotel
type of Street, so the City allowed accessory retail use to support the hotels; however,
over time, some uses have expanded, and so they have very large retail establishments
on Ocean Drive, which changes the flow and experience of the area. They are trying not
to allow future variances.
Handouts or Reference Materials:
1. Ad Nos. 1266 & 1268 published in The Miami Herald
1:39:45 p.m.
R5 L CD-2 HEIGHT AND EXISTING NONCONFORMING BUILDINGS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE
CITY CODE, B Y AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS", DIVISION 5, "CD-2,
COMMERCIAL, MEDIUM- INTENSITY DISTRICT," SECT ION 142-306,
"DEVELOPMENT REGULATIONS," BY AMENDING THE MAXIMUM PERMITTED
HEIGHT AND NUMBER OF STORIES FOR SITES WITH EXISTING
NONCONFORMING BUILDINGS; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY, AND AN EFFECTIVE DATE.
First Reading Planning
Commissioner Ricky Arriola
ACTION: Item deferred to the March 1, 2017 . Lilia Cardillo to place on the Commission
Agenda, if received. Thomas Mooney to handle.
Commissioner Arriola asked to defer the item to the March 1, 2017 Commission
Meeting. The item was deferred by acclamation.
Handouts and Reference Materials:
1. Email from Edward Martos EMartos@wsh-law.com , dated February 7, 2017 RE: Letter from
the Floridian Objecting to Item R5-L on the Commission Agenda for 02-08-17; with attached
document entitled Floridian – Letter to Commission re First Reading of Nonconforming
Height Ordinance.pdf.
2. Email from Sam Dubbin sdubbin@dubbinkravetz.com , dated February 7, 2017 RE: Letter
from Icon and Bentley Bay Objecting to Consideration of Item R5 L on Feb. 8, 2017
Commission Agenda; with attachment entitled Letter from Icon and Bentley Bay re Item R5 L
for Feb. 8, 2017.pdf.
3. Email from Mitch Bierman, Esq., dated February 7, 2017 to The Honorable Mayor and
Commissioners, RE: Item R5 L on the City Commission Agenda for February 8, 2017,
Relating to CD-2 Height and Existing Nonconforming Buildings.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 55 of 115
R5 M 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 82-382, ENTITLED
"APPLICATION," TO REQUIRE APPLICANTS AND PERMITTEES FOR SIDEWALK
CAFES ON OCEAN DRIVE BETWEEN 5TH STREET AND 15TH STREET TO SUBMIT
AN AFFIDAVIT OF SATISFACTORY COMPLETION OF A HOSPITALITY TRAINING
PROGRAM THAT HAS BEEN PREVIOUSLY APPROVED BY THE CITY MANAGER;
AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN
EFFECTIVE DATE.
First Reading Office of the City Attorney
Commissioner Ricky Arriola
ACTION: Item deferred to March 1, 2017. Lilia Cardillo to place on the Commission
Agenda, if received. Office of the City Attorney to handle.
2:23:47 p.m.
SUPPLEMENTAL MATERIAL 1: REVISED MEMORANDUM & ORDINANCE
R5 N AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 38 ENTITLED
"ELECTIONS": SECTION 38-3 REGARDING NOTICE OF RESOLUTION, CALLING
ELECTIONS AND POLLING PLACES; SECTION 38-4 CLARIFYING APPLICABILITY
OF CODE PROVISIONS GOVERNING INSTALLATION OF OFFICERS TO SPECIAL
ELECTIONS AS WELL AS GENERAL ELECTIONS; SECTION 38-7 REGARDING
INITIATIVE/REFERENDUM/RECALL PETITIONS, CONFIRMING CONDITIONS FOR
DISQUALIFICATION OF PETITIONS/SIGNATURES, REQUIRING CERTAIN
ADDITIONAL INFORMATION ON CIRCULATOR STATEMENT, CONFIRMING
ELECTOR WHO SIGNS PETITION PROHIBITED FROM WITNESSING HIS/HER
SIGNATURE ON CIRCULATOR STATEMENT; AND CREATING SECTION 38-8
"CANVASSING BOARD"; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
First Reading Office of the City Attorney/Office of the City Clerk
Sponsored by Vice-Mayor Joy Malakoff
ACTION: Title of the Ordinance read into the record. Ordinance adopted on first
reading as amended. Motion made by Commissioner Arriola to adopt the Ordinance as
amended; seconded by Commissioner Alemán. Ballot vote: 7-0. Second Reading Public
Hearing scheduled for March 1, 2017. Rafael E. Granado to notice. Lilia Cardillo to
place on the Commission Agenda, if received. Office of the City Attorney and Office
of the City Clerk to handle.
AMENDMENT:
Existing language in Section 38-7, regarding initiative/referendum/recall petitions
remains as is; bring back proposed changes to Section 38-7 at future meeting.
Section 38-8 - City Clerk to appoint substitutes and alternate members to the
Canvassing Board.
Raul J. Aguila, City Attorney, explained that in order to amend the City Code, they
presently require a Commissioner sponsor, and periodically, the City Clerk, Jean Olin,
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who has been the City’s Elections Counsel for over 25 years, both in-house and
currently as a Consultant, and the City Attorney, do a review the Elections Code, as a
matter of housekeeping or updating. This is the result of something that Jean, Rafael
and he started working in the summer, and Vice-Mayor Malakoff graciously sponsored.
He explained the proposed amendments, which are largely cleanup items, and are as
follows:
• Amending City Code section 38-3 regarding noticing of the City Resolution calling
elections and notice of polling places.
In order for the City to call a Special Election or a referendum, for example, they need
to adopt a Resolution calling for the election, setting forth the date, purpose of the
election; the deadline for registration, the polling places and any change of polling
places. The primary change in this Code Section is that when they call Special
Elections, which is usually early in the summer, the County has not yet finalized its list
of polling places. Since the polling places must be included in the Resolution, what the
City has been doing is including the last updated list from the County, which is the prior
election year's list. So they are deleting the requirement that they attach the polling
places as an exhibit to the Resolution calling for a Special Election; they do not feel it
is necessary, it is not an updated list, and pursuant to the Election Code, the City Clerk
is required to publish both in a newspaper of general circulation, as well as adding on
the City's website the polling places for the election twice; once in the third week and
one in the first week prior to the week in which the election is to be held. This is to
conform to current practice.
Rafael E. Granado, City Clerk, added that the State requires that municipalities publish
any change in polling places on the first and third week, and that is when the Elections
Department has the list ready; therefore, any list of polling places published prior to the
third week may be incorrect.
Commissioner Alemán added that they are asking to remove the requirement to
publish something that is potentially incorrect and definitely redundant.
• Amending City Code section 38-4 clarifying that City Code provisions governing the
installation of newly elected City officers applies to both General Elections as well as to
Special Elections held for election of candidates.
• Amending City Code section 38-7 to ensure ballot integrity with regard to Initiative,
Referendum and Recall petitions, by: 1) including an express prohibition confirming
that an elector who signs a petition may not witness his/her signature on the
"Circulator's Statement" portion of a petition; 2) requiring circulators of such petitions to
include on the "Circulator's Statement" the circulator's name, address, and date of
signature (which must not predate the elector(s) signatures); and 3) expressly
confirming conditions for the disqualification of signatures/petitions.
Currently the City Code; amended in 2013, requires that each person circulating a
copy of a petitioner (the circulator), shall attach to it a statement confirming that they,
“the circulator”, has personally witnessed each person whose signature appears on the
petition; personally sign the petition on each of the respected dates set forth therein.
Last year they had four separate petitions, which is a higher number than he has ever
seen in his tenure; and he also wants to make an important point to the individuals that
have sent him emails on the subject; that he is not changing any requirement that is
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not already existing in the City Code currently under 38-7, but they are clarifying the
requirement, because there was a question last year as to whether the person that
signs the petition, who is the elector, can certify their own signature, and sign the
circulator statement saying that they witnessed their own signature. At that time, in
order to be as liberal as possible, and give the petitioners the benefit of the doubt, he
made the independent call that they could do so, and so they did not throw out any
signatures. Several petitions had one name as the elector, which had been sent in the
mail, and they were asked to sign it and self-circulate. He thought the Code was
ambiguous as written, so he opined that they could and no signatures were discarded
on the prior initiative petitions that were self-certified. However, the petitions failed to
obtain the required number of signatures. This provision already exists in the City
Code, but he clarified to expressly say that an elector, who has signed the petition
pursuant to this subsection, cannot serve as a witness to his or her own signature in
the circulator statement, provided for in Subsection b; therefore, if this is approved, as
of the effective date of this Ordinance, anyone with an initiative petition is on notice
that this will apply prospectively to them. It does not apply to signatures that are
collected and self-certified before this date; however, it will apply prospectively, and
clarifies the existing language in the Code and what the legislative intent of 38-7 was
that you could not self-certify your signature. The circulator must sign that he/she
witnessed the elector signature.
Discussion held.
Mayor Levine asked what the City of Miami does.
City Attorney Aguila stated that the State of Florida does not have this requirement, but
local governments can approve standards of their own, as long as these standards are
designed to ensure the integrity of the ballot, particularly to prevent fraud. The City of
Miami requires that the circulator of every such paper sign a notarized affidavit stating
that they swear or affirm that the signatures were made in his or her presence and are
the signatures of the person whose name appears. The City of Coral Gables has the
same requirement as to the notarized statement requirement; Miami-Dade County also
has this requirement, but additionally requires that the circulator of the petition be a
qualified elector of the County. The City of Miami Beach does not have either of these
requirements.
Discussion continued.
Mayor Levine asked what the City of Miami does.
Rafael E. Granado, City Clerk, contacted the City of Miami and asked what happens if
the circulator was also one of the voters on signing the petition, and he was told by the
Elections Coordinator for the City of Miami that Miami would reject that signature.
City Attorney Aguila summarized that a petition can have numerous signatures or one
signature only, but the signature of the electors that sign the petition have to be
witnessed by the circulator, and it cannot be the same person. That seems to have
been the legislative intent of the City Code’s amendment in 2013; he is not imposing a
new requirement.
Discussion held.
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City Attorney Aguila stated that the State of Florida does not have this requirement, but
many municipalities and the County have the same requirement. This applies
prospectively, so as not to penalize any petitions received.
Discussion continued.
Commissioner Rosen Gonzalez is in favor of collecting signatures by mail, because
activism is important, and she would not worry about the verification of the signatures
of a Miami Beach resident, because in the end, all the collected signatures are with the
intent to put something on the ballot that people will vote for or against that measure
on the ballot. She thinks they should accept petitions with open arms and not make it
more difficult.
City Attorney Aguila stated that this proposal would be an amendment to Chapter 38-7
deleting that requirement, because his amendment just clarifies the existing
requirement. If the direction is to amend the Code to say that is acceptable to witness
one’s own signature, then it would make sense not to have a circulator statement;
however, it would be an amendment to what is currently in the Code.
Discussion continued regarding verification of signatures by the County.
Rafael E. Granado, City Clerk, explained that the only requirement at this time is the
signature, but at least that holds the circulator responsible to their explanation of the
ballot measure being proposed. At times people call the Office of the City Clerk and
say they signed a petition, but what they signed is something different from what was
explained.
Raul J. Aguila, City Attorney, clarified that this is only pertaining to petition referendum.
The intent in the 2013 Ordinance was to ensure ballot integrity and to have reliability of
the ballot initiative process, by not being as strict as the County, or as strict as the City
of Miami, Coral Gables, or other municipalities that require notarization, but to prevent
potential fraud the intent was to have some requirement in place.
Commissioner Alemán appreciates preserving the integrity of the process for ballot
initiatives, and if someone is committing fraud and not explaining these initiatives
properly, that is certainly worthy of protecting the community against that fraud, but if
the notarization is not required, what is the City giving up; in other words, why do other
municipalities have this requirement in their Codes.
Mr. Granado explained that they are trying to verify who the individual circulator is;
have the name and address printed, and then after that it is notarized, but that is a
policy decision that is also a costly step for the petitioners.
Discussion continued.
City Attorney Aguila added that the City has always been liberal in regards to
encouraging these initiative petitions process.
Discussion held.
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Commissioner Grieco added that the rules that apply to amend the Florida Constitution
of the State of Florida are more relaxed than the rules being discussed, and so he is in
disagreement with that.
City Attorney Aguila explained that Florida Case law has empowers local governments
with the ability to adapt requirements to ensure the integrity of the ballot process.
Since the State is so vast, and to collect signatures in the State of Florida is such a
large undertaking, perhaps that is the State’s determination to facilitate the initiative
process.
Discussion continued.
Commissioner Grieco added that the ability to obtain signatures via the mail would be
more relevant in a City like ours than in other cities. Access to single-family homes,
condominium dwellers and buildings are restricted, and he is not going to vote for
something that will make it more difficult for folks to obtain signatures to try preventing
fraud, because he thinks anyone can commit Statewide fraud as well as Citywide
fraud. He thinks they should rethink this and believes the State standard should be
applied in the City.
Discussion continued.
City Attorney Aguila stated that he did not want to penalize someone like Daniel
Ciraldo, who collected signatures that were self-certified, and that is why he is
suggesting that this provision also have perspective application; however, the intent of
the 2013 amendment was clear.
Daniel Ciraldo stated that it is not a problem to have a petition signed if they are out
there collecting, but they need a method where people can mail it in, such as in the
State of Florida.
Mayor Levine suggested notarizing the petitions if these are mailed.
Raul J. Aguila, City Attorney, is concerned in creating double standards. He thinks the
call has to be if they allow self-certification, then there is no point in having a circulator.
Discussion continued.
Mr. Ciraldo suggested a compromise to add that there is a circulator statement, if you
are a paid circulator.
Commissioner Steinberg is in favor of anyone petitioning their government, and the
fewer roadblocks there are the better, but that is part of the process; however, the
State is looking now to push voters to vote online for any actual election. Absentee
ballots [Vote-by-Mail ballots] are not certified, and that goes to an actual vote. She
understands the fraud aspect, but as it is, although she understands the intent, she
cannot support 38-7. She would like to make this section as less stringent as possible.
City Attorney Aguila reiterated the reason these requirements are in place, and the
court has upheld these, so long as they are to preserve ballot integrity and prevent
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fraud; so this is first and foremost; while the City is not as lenient as the State, the City
of Miami Beach is a great deal less strict than most cities in this County.
Commissioner Alemán asked if there is a way to structure the petition form, so that the
circulator indicates that he is that circulator when mailing it, so it does not need to be
notarized. If they suspect that there might be a fraud, and are trying to find the person
who witnessed the signature of elector, it would help with that since the information is
provided upfront.
City Attorney Aguila stated that if there is a sentiment on the part of this City
Commission to amend the requirements for an initiative petition, other than what is
required, which requires the circulator witness the elector’s signature, then he could
come back with an amendment to that particular section at a later day. He would like to
discuss with the City Clerk and Jean Olin and contact other municipalities.
Mayor Levine suggested bringing back the initiative petition by mail section at another
Commission Meeting. Office of the City Attorney to handle.
Discussion continued.
Daniel Ciraldo stated that there is a new section c under 38-7(c) that specifically states
that an elector who has signed a petition shall not serve as a witness to his or her own
signature in the circulator statement, and this can essentially disqualify the circulator.
City Attorney Aguila clarified that this is the legislative intent of this Code section, and
he gave Mr. Ciraldo that opinion and the reason why he is making a prospective
application, as he is giving him the benefit of the doubt and allowing him to rely on his
prior opinion; however, going forward, that is the existing requirement in the Code, and
he is not creating any new language.
Discussion continued.
Commissioner Arriola is concerned about voter fraud and abuse, and wants to balance
the resident’s interests and rights to bring forward petitions that they think are
important to be voted on, versus what has been a long history of voter fraud and abuse
in the County. He is also mindful that they had a ballot item, done at the urging of the
Ethics Board of the County, which included clean-up language and was endorsed by
The Miami Herald; this was shot down overwhelmingly by Miami Beach residents, so
he is very careful about how many ballot initiatives appear on a ballot. To the untrained
eye, these things can be very tricky, and he is worried about abusing and misleading
voters in the future.
City Attorney Aguila added that this clarification was done, but Mr. Ciraldo is not being
penalized for this, and that is fair; he resents any implication to vilify or criticize any
clarification of an existing code provision. He clarified, on the record, that this provision
does need to be clarified, and they gave those initiative petitions the benefit of the
doubt, but this is how conspiracy theories continually get started in the City of Miami
Beach.
Discussion continued.
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Commissioner Rosen Gonzalez suggested making this as easiest as possible and
added that the Miami-Dade County is incredibly stringent, and they will discard those
signatures that do not match.
Mayor Levine suggested Commissioner Rosen Gonzalez sponsor the a new mail
portion of Section 38-7 work with the City Attorney and bring it back to Commission
Discussion held.
Daniel Ciraldo hopes that the City Commission leaves out the changes in Section 38-
7.
City Attorney Aguila stated that for someone who has spent 25 years in public service,
dedicating their life to public service and the City of Miami Beach, it does not help; it is
not productive, and it is demeaning and patronizing to be attacked for something that
you are trying to do in the public good. He has spent his life dedicated to the City and
does not have anything but the best intentions. He can speak for any public employee
that being personally attacked and questioned to conspire to do something that would
deprive the voters or the public of their rights is demeaning as a public servant. They
need to stand up and say that, in this day and age, more than ever.
Discussion continued.
• Creating City Code section 38-8 entitled "Canvassing Board,” for the purpose of opting
out of statutory provisions pertaining to composition of the City's Canvassing Board,
which statutory provisions have proven to be complicated and time-consuming. This
amendment will provide a simpler, streamlined approach for designating members of
the City's Canvassing Board.
City Attorney Aguila explained that in this section they are removing the reference to
canvassing of election returns in the Code provision. During his briefing with
Commissioner Rosen Gonzalez, she raised a great question having to do with the fact
that the City Commission should not be able to change the County’s results following
an election, and she is correct. The canvassing entity for a City or County election is
the County Elections Supervisor. To canvass an election means that one has tallied
and counted results. The City does not do this; therefore, once the County Elections
Supervisor has canvassed the results, the only ministerial duty that the City
Commission has, is that it is required to accept the Election Results; but not to
independent canvassing those results. Therefore, the canvassing requirement is
removed from this Section, as it does not pertain to the City.
Raul J. Aguila, City Attorney, stated that the amendment to the Canvassing Board
requirements stems from last year. The Canvassing Board is typically a County Court
Judge appointed by the Chief Judge of the 11th Judicial Circuit of Miami-Dade County,
the City Clerk, and a member of the City Commission appointed by the City
Commission that is not actively participating in the election. In the event that the
County Court Judge selected by the Chief Judge is unable to serve, then the County
Court Judge appoints a replacement. In the event any other member of the
Canvassing Board member is unable to serve, then a qualified elector is appointed by
the Mayor to serve as a substitute member. Last year, Mr. Granado was unable to
serve on the Canvassing Board due to medical reasons; the County Court Judge was
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sick and unable to serve, so there were problems with the substitutes and alternates.
The amendment they are asking is that the Mayor continues to be the appointing head.
Discussion held.
Commissioner Steinberg suggested having the City Clerk appoint a Canvassing Board
substitute and there was consensus.
Handouts or Reference Materials:
1. Email from Frank Del Vecchio fdelvecchio@atlanticbb.net dated February 3, 2017, RE:
R5N. Election Circulating Petitions.
2. Email from Raul Aguila dated February 3, 2017 to Frank Del Vecchio
(fdelvecchio@atlanticbb.net ); RE: R5N. Election Circulating Petitions.
3. Miami Beach, FL Code of Ordinances; Sec. 38-7. Petition. (Ord. No. 2013-3804, § 1, 7-17-
13).
1:40:09 p.m.
R5 O AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI
BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED
"AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 32, ENTITLED
"LGBT ADVISORY COMMITTEE," TO CHANGE THE NAME OF THE COMMITTEE TO
THE "LGBTQ ADVISORY COMMITTEE," DELETING OUTDATED LANGUAGE
REGARDING THE COMMITTEE'S INITIAL COMPOSITION, AND CORRECTING
SCRIVENER'S ERRORS TO PROVIDE CONSISTENCY IN CAPITALIZATION
THROUGHOUT DIVISION 32; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
First Reading Office of the City Attorney
Commissioners John Elizabeth Alemán & Vice-Mayor Joy Malakoff
Co-Sponsored by Commissioner Steinberg
ACTION: Title of the Ordinance read into the record. Ordinance adopted on first
reading. Motion made by Commissioner Alemán to adopt the Ordinance; seconded by
Commissioner Grieco. Ballot vote: 7-0. Second Reading Public Hearing scheduled for
March 1, 2017. Rafael E. Granado to notice. Lilia Cardillo to place on the Commission
Agenda, if received. Office of the City Clerk to handle.
Commissioner Alemán explained that this item was a request of the LGBT Committee, to
add the “Q” to reflect the same level of inclusivity, as they try to apply in their work as a
Committee. The “Q” represent those that are questioning, where they fit into the
spectrum of identify, and those identified as queer. The term LGBTQ is a more inclusive
term, due to the diversity, broad range of people, their expression and how they identify
themselves. She is happy to honor their request to modify the Committee’s name to
reflect their purpose.
Vice-Mayor Malakoff added that the LGBTQ Task Force is currently using the proposed
name.
Debora Turner, First Assistant City Attorney, stated that additionally; there are clean-up
languages and amendments along with obsolete language to be updated.
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1:42:08 p.m.
R5 P 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, ENTITLED
"USES IN PUBLIC RIGHTS-OF-WAY," BY AMENDING DIVISION 5, ENTITLED
"SIDEWALK CAFES," BY AMENDING SUBDIVISION II, ENTITLED PERMIT," BY
AMENDING SECTION 82-381, ENTITLED "PERMITTED AREAS; CONDITIONAL
PERMIT; CITY MANAGER'S RIGHT TO REMOVE SIDEWALK CAFES," BY
AMENDING THE REQUIREMENTS FOR THE SEPARATE ITEMIZATION AND
DISCLOSURE OF GRATUITIES, SERVICE CHARGES, AND TAXES ON
CUSTOMERS' BILLS AND RECEIPTS; BY AMENDING SECTION 82-382, ENTITLED
"APPLICATION," BY AMENDING THE APPLICATION REQUIREMENTS TO INCLUDE
AN AFFIDAVIT STATEMENT OF COMPLIANCE WITH THE ITEMIZATION AND
DISCLOSURE REQUIREMENTS REGARDING GRATUITIES, SERVICE CHARGES,
AND TAXES; BY AMENDING SECTION 82-385, ENTITLED "MINIMUM STANDARDS,
CRITERIA, AND CONDITIONS FOR OPERATION OF SIDEWALK CAFES," BY
AMENDING THE CONDITIONS FOR THE OPERATION OF SIDEWALK CAFES TO
INCLUDE THE ITEMIZATION AND DISCLOSURE OF GRATUITIES, SERVICE
CHARGES, AND TAXES; 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 as amended. Motion made by Commissioner Grieco to adopt the Ordinance as
amended; seconded by Commissioner Alemán. Ballot vote: 7-0. Second Reading Public
Hearing scheduled for March 1, 2017. Rafael E. Granado to notice. Lilia Cardillo to
place on the Commission Agenda, if received. Hernan Cardeno to handle.
AMENDMENT:
Add language consistent where bill shows total tax, so as not to put any undue
burden on the businesses
Break down takes to show that out of 9%, 7% goes to the State, County, and 2% to
the Resort Tax
Aleksandr Boksner, Chief Deputy City Attorney, explained that this legislation is meant to
address some issues regarding sidewalk café operators. One specific component has
been added in Section 82-381, with a new subsection, which identifies three
requirements that must now be disclosed on the receipt provided to customers. This is
meant to address the manner in which certain café operators may place itemized items
on the bills, specifically gratuities and tips, in conjunction with what may or may not be
identified as an additional service charge. They have reviewed some of the regulations
from the Florida Department of Revenue, and some things can be taxed; others cannot.
Commissioner Grieco identified certain circumstances where the restaurants are not
complying with the requirements of the Department of Revenue. So in order to ensure
full compliance with State laws, they have decided that it is important to have this
legislation to include, not only that the gratuity and tip be identified, but also the service
charge. A further component is that City, County and State taxes be specifically
identified and itemized, so that the customers are aware of what they are being charged.
Also Section 82-385 was amended, where it requires and authorizes the City of Miami
Beach to terminate sidewalk café operations, if a café operator should fail to itemize their
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gratuities, tips, service charges and/or City, County and State taxes. It also mandates
that an affidavit be signed as part of the BTR application process that lists the bill
itemization requirement. Therefore, restaurant operators will have the information as to
what is required beforehand, so that they are aware of the laws for enforcement action
purposes.
Commissioner Grieco asked if this also requires the sidewalk cafés to disclose on a
subsequent credit card bill for signature, that there is a gratuity applied.
Deputy City Attorney Boksner explained that it is included.
Commissioner Grieco explained that this started from a resident sending him a
photograph of a bill that actually charged more sales tax than it is legally applied. Right
now sales taxes are 9%, and some restaurants are applying in excess of 10%. This led
him to do some research and visit some of the restaurants, and there is rampant
shenanigans going on. Service charge and gratuity are two different things; gratuity goes
to the server, but a service charge is something different; gratuities cannot be taxed. If
their internal audits do not match, they would be pocketing hundreds of thousands of
dollars, depending on how many covers they do, because the service charge can be
taxed but the service charge is not a gratuity. This requires all sidewalk cafés, not only to
comply with State laws and the applicability of taxes, but it also affords the customer
transparency and have them understand exactly where the sales taxes are coming from,
whether State, Resort, County or whatever the case may be. It is a transparency issue
and creates trust between consumers and the business community. He encouraged his
colleagues to support this item.
Commissioner Alemán thinks this Ordinance is great, but asked why it applies only the
sidewalk cafés.
Commissioner Grieco added that the City of Miami Beach does not have the jurisdiction
to require this beyond the businesses that the City issues licenses.
Deputy City Attorney Boksner added that they are looking at expanding this to everyone
else, but they are mindful of certain State issues.
Commissioner Steinberg is supportive of the item. This expands on the Ordinance she
initially proposed requiring the disclosure of prices of “specials” that are not listed on the
menu. She commented that there are now more safeguards for patrons.
Vice-Mayor Malakoff stated that many restaurants that take credit cards have a system
where the taxes come out to 9%, but they are not separately listed by City, County and
State. She asked if they have to redo their standard systems.
Deputy City Attorney Boksner stated that businesses would have to redo their systems,
but it is up to the City Commission to direct them as to how they want these charges
itemized.
Vice-Mayor Malakoff does not agree, and explained that the majority of businesses do
charge the 9% allowed. The City Commission, in general, has not been very business
friendly, and they need to be cognizant of the costs to businesses when they pass
regulations. She agrees that gratuities have to be listed separately, and other things like
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set up fees or service charges should be listed separately, since it should be transparent
and customers should know what they are paying for, but as far as separating out into
three separate taxes, as long as the total is 9%, which is the required legal amount, and
she does not see why it has to be separated into three items.
Commissioner Rosen Gonzalez thinks that what is happening with sidewalk cafés, in
general, is that many of the operators are Europeans, and they are used to two charges,
the gratuity and the service charge. Normally they charge $2 or $3 to sit and serve bread
and water; that is a customary charge in Europe, so she thinks that they need to explain
to businesses that they need to call that a “special house charge” instead of service
charge. She thinks it is an intercultural misunderstanding and is concerned about over
regulating businesses; however, she wants tourists to visit and not be taken advantage.
The most important thing is how the City plans to train sidewalk café operators so they
understand what they need to do. She suggested holding a series of seminars and
require it if people need to renew licenses. She will support the item, in terms of
goodwill, but is requesting that they have conversations with the operators.
Commissioner Grieco stated that he has spoken to dozens of business owners, and it is
not a cultural issue, it is simply a nomenclature issue. As to Vice-Mayor Malakoff’s
concerns, he explained that it is something internally that can be done within minutes,
but it is not about a credit card process.
Ana Cecilia Velasco stated that if they want to change the itemization it will cost money
to do that; however there is the latitude to write messages at the bottom of the receipt,
and she adds 7% sales tax, 2% resort tax, to make it very clear, so she has the 9%
showing, but is not itemizing it due to the additional management fee. However, they
have the latitude to type that in at the bottom, and that is a five-minute change.
Discussion held.
Mitch Novick stated that the resort fee was increased about five years ago among hotels
in the neighborhood, but he ignores it and does not charge it.
Discussion continued.
Motion was made by Commissioner Grieco to adjust the language, as recommended, so
that on the bill it shows the total tax, and then break it down, so that it shows that out of
the 9%, 7% goes to the State, County, and 2% to the Resort Tax; seconded by
Commissioner Alemán. He will work with Deputy City Attorney Boksner between first
and second reading.
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R7 – Resolutions
12:15:30 p.m.
R7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, PURSUANT TO SECTION 142-367 OF THE CITY'S CODE,
AUTHORIZING THE WAIVER OF CERTAIN REGULATIONS APPLICABLE TO THE
MIAMI BEACH BOTANICAL GARDEN, LOCATED AT 2000 CONVENTION CENTER
DRIVE, MIAMI BEACH, FLORIDA; WAIVING BY A 5/7TH VOTE OF THE CITY
COMMISSION, AFTER PUBLIC HEARING, THE DEVELOPMENT REGULATIONS IN A
CCC (CONVENTION CENTER) DISTRICT, WHICH REGULATIONS ARE FOUND AT
SECTION 142-362 AND 142-363, ENTITLED "MAIN PERMITTED USES," AND
"CONDITIONAL USES," IN ORDER TO WAIVE THE REQUIREMENTS RELATING TO
A NEIGHBORHOOD IMPACT ESTABLISHMENT AND AN OUTDOOR
ENTERTAINMENT ESTABLISHMENT FOR THE CURRENT OPERATION OF A HALL
FOR HIRE LOCATED AT THE MIAMI BEACH BOTANICAL GARDEN OPERATED BY
MIAMI BEACH GARDEN CONSERVATORY, INC.
11:00 a.m. Public Hearing Planning
Commissioner Michael Grieco
ACTION: Resolution 2017-29742 adopted. Public Hearing held. Motion made by
Commissioner Grieco; seconded by Commissioner Alemán to adopt the Resolution.
Voice vote: 7-0. Thomas Mooney to handle.
Thomas Mooney, Planning Department Director, introduced the item. The Botanical
Gardens is zoned CCC (Civic and Convention Center District), and they are seeking a
waiver from the City Commission in order to be able to have alcoholic beverages and
entertainment, both indoor and outdoor, that would normally be associated with
Neighborhood Impact Establishment (NEI). The Botanical Gardens is seeking a waiver
so they do not have to go through the Planning Board Processes. The Botanical
Gardens has indicated very clearly that this would only be a waiver for events that are
sponsored by the Botanical Gardens. The Administration sees no issues with this, the
Planning Board approved it, and the Administration is recommending its approval.
Motion to approve the item made by Commissioner Grieco; seconded by Commissioner
Alemán. Voice vote: 7-0.
Handouts or Reference Materials:
1. Ads No. 1260 & 1274 published in The Miami Herald
2. Notices posted at North Shore Bandshell, Botanical Garden and Ronald W. Shane
Watersports Center.
3. Undeliverable notices for February 8, 2017 Commission Meeting.
4. Letter from The Zoning Specialists dated April 26, 2016, RE: Property Owners List within 375
feet of 7275 Collins Avenue.
5. Letter from The Zoning Specialists dated June 24, 2016, RE: Property Owners List within 375
feet of 2000 Convention Center Drive, with Zoning Atlas 375-foot radius map.
6. Letter from The Zoning Specialists dated April 15, 2016, RE: Property Owners List within 375
feet 6500 Indian Creek Drive.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 67 of 115
12:16:43 p.m.
R7 B1 BANDSHELL RESOLUTION A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING
PURSUANT TO SECTION 142-425 OF THE CITY’S CODE, THE WAIVER OF
CERTAIN REGULATIONS APPLICABLE TO THE NORTH SHORE BANDSHELL,
LOCATED AT 7251 COLLINS AVENUE, MIAMI BEACH, FLORIDA; WAIVING BY A
5/7TH VOTE OF THE CITY COMMISSION, AFTER PUBLIC HEARING, THE
DEVELOPMENT REGULATIONS IN A GU (GOVERNMENT USE) DISTRICT, WHICH
REGULATIONS ARE FOUND AT SECTION 142-422 AND 142-423, ENTITLED "MAIN
PERMITTED USES," AND "PRIVATE USES," IN ORDER TO WAIVE THE
REQUIREMENTS RELATING TO A NEIGHBORHOOD IMPACT ESTABLISHMENT
AND AN OUTDOOR ENTERTAINMENT ESTABLISHMENT FOR THE CURRENT
OPERATION OF THE BANDSHELL FACILITY AND A HALL FOR HIRE LOCATED AT
THE CITY-OWNED NORTH SHORE BANDSHELL, OPERATED BY THE RHYTHM
FOUNDATION, INC.
ACTION: Resolution 2017-29743 adopted. Public Hearing held. Motion made by
Commissioner Grieco to approve the Resolution; seconded by Commissioner Alemán.
Thomas Mooney to handle.
Thomas Mooney, Planning Department Director, introduced the item. This is a similar
request to item R7 A, for a waiver of the Neighborhood Impact Establishment (NEI)
requirement. The Bandshell is located in the GU (Government Use) District and it is
operated by the Rhythm Foundation. The Bandshell is seeking a waiver so it does not
have to go for NIE approval in order to have entertainment associated with their
operation of the Bandshell. The Planning Board reviewed the request and endorsed the
proposed waiver. The Administration has no objection, and recommends approval.
Clerk’s Note: See Handouts or Reference Materials listed for item R7 A.
12:17:33 p.m.
R7 B2 SHANE WATERSPORTS RESOLUTION A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING
PURSUANT TO SECTION 142-425 OF THE CITY’S CODE, THE WAIVER OF
CERTAIN REGULATIONS APPLICABLE TO THE RONALD W. SHANE
WATERSPORTS CENTER, LOCATED AT 6550 INDIAN CREEK DR, MIAMI BEACH,
FLORIDA; WAIVING BY A 5/7TH VOTE OF THE CITY COMMISSION, AFTER PUBLIC
HEARING, THE DEVELOPMENT REGULATIONS IN A GU (GOVERNMENT USE)
DISTRICT, WHICH REGULATIONS ARE FOUND AT SECTION 142-422 AND 142-423,
ENTITLED "MAIN PERMITTED USES," AND "PRIVATE USES," IN ORDER TO WAIVE
THE REQUIREMENTS RELATING TO A NEIGHBORHOOD IMPACT
ESTABLISHMENT FOR THE CURRENT OPERATION OF THE A HALL FOR HIRE
LOCATED AT THE CITY-OWNED RONALD W. SHANE WATERPORTS CENTER
OWNED (LAND LEASE), AND OPERATED BY MIAMI BEACH WATERSPORTS, INC.
11:05 a.m. Public Hearing Planning
Commissioner Michael Grieco
ACTION: Item referred to the Neighborhood/Community Affairs Committee. Motion
made by Commissioner Alemán to refer the item for further discussion to the
Neighborhood/Community Affairs Committee; seconded by Commissioner Rosen
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 68 of 115
Gonzalez. Voice vote: 7-0. Morgan Goldberg to place on the Committee Agenda;
Thomas Mooney to handle.
REFERRAL:
Neighborhood/Community Affairs Committee
TO DO:
Notify the neighbors who were present of any upcoming public meetings regarding this
item. Morgan Goldberg to handle. See below for contact information.
Thomas Mooney, Planning Department Director, introduced the item. For the record, it is
the same type waiver requested in Item R7 B1.
Steve Fazikas, 6884 Indian Creek Drive, a member of the Gardens on the Bay Owners
Association, spoke in opposition to the item.
Irene Lopez, Vice President of the Gardens on the Bay Owners Association, spoke in
opposition to the item. Ms. Lopez resides at 6484 Indian Creek Drive, Apartment 217,
and her email is gardensonthebay@yahoo.com . Ms. Lopez explained how her building is
impacted by noise and parking issues when the Ronald W. Shane Watersports Center
holds events. She opposes the Center’s request to sell alcohol and have entertainment.
Commissioner Rosen Gonzalez stated that the Ronald W. Shane Watersports Center
rents out the facility, especially the Water Sports Club; and she asked if there is some
way to come to an agreement where the Center could host the events but possibly move
them inside at some point in the evening.
Ms. Lopez replied that the Ronald W. Shane Watersports Center has a big terrace, and
they open up the doors to the terrace and they have their partygoers sitting at the terrace
eating, drinking and laughing to all hours, until the event is over. The Ronald W. Shane
Watersports Center wants to have an alcohol license, which will give them free reign to
make the location more amenable to have more events. Ms. Lopez requested peace.
Eduardo Migueltorena, President of the Gardens on the Bay Owners Association, stated
that the residents had not been contacted about this issue. Mr. Migueltorena, who
resides at 6484 Indian Creek Drive, Apartment 320, spoke in opposition to the sale of
alcoholic beverages in the premises. This is a residential area, and if approved by the
Commission, the Ronald W. Shane Watersports Center would be the only location in
Indian Creek that sells alcohol.
Commissioner Alemán suggested referring the item to the Neighborhood/Community
Affairs Committee for further work with the public, so they can try to come up with
something that is more compatible.
Ms. Lopez discussed the problems associated with parking when the Ronald W. Shane
Watersports Center holds events.
Mayor Levine stated that this item needs to go to the Neighborhood/Community Affairs
Committee to be fully vetted.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 69 of 115
Ms. Lopez detailed the excessive noise issues associated with this venue, and asked to
be notified of any upcoming hearings on this matter. Morgan Goldberg to notify the
below listed residents.
Dr. Ron Shane spoke. He is concerned with the way this is going. They have been here
for 25 years. The City, previous Commissions, this Commission and he have always
been great partners. The Ronald W. Shane Watersports Center is a non-profit
organization. They have kids coming to the Center and rowing, all the kids get into
college. The benefits of the Center have been recognized for years and years. Dr.
Shane has put in over a million dollars to build a second story, so it would be an annuity
for the rowing club downstairs. Unfortunately, it breaks about even financially. They sell
liquor there all the time, through a vendor, if someone has a bar mitzvah or a wedding.
The Ronald W. Shane Watersports Center has been doing that for years. Dr. Shane
thinks that the Ronald W. Shane Watersports Center has been there longer than many
of the residents. The Ronald W. Shane Watersports Center is an asset to North Beach
and Miami Beach in general. They send para-rowers to the Olympics; and the Center is
well respected in the community. To further limit what the Ronald W. Shane Watersports
Center does is frightening to Dr. Shane. He hopes that the City Commission recognizes
the value that the Ronald W. Shane Watersports Center as a good partner to Miami
Beach. Without the City, the Ronald W. Shane Watersports Center would not be where
they are. The Commission gave the Ronald W. Shane W atersports Center the initial
start up to do this; then the Ronald W. Shane Watersports Center carried it forward.
They have about 150 kids rowing out of the facility. Dr. Shane cannot stop the noise
altogether, they have a hundred masters come there, and this is a rotation – they come
every two or three years. Many kids grow up participating in the Center. Dr. Shane looks
upon the Center as one of the great assets of Miami Beach, and to hear that a
neighborhood is going try to constrict them really frightens him. As far as the liquor is
concerned, they are not asking for any more than what has already been done there for
the last 25 years. If someone wants to have a bar mitzvah or wedding there, they are
going to hire a vendor to sell liquor. What will help the Ronald W. Shane Watersports
Center greatly is if they could sell the liquor there themselves, instead of having vendors
sell the liquor. It is no different except that the Ronald W. Shane Watersports Center will
make the money. As Dr. Shane said before, the upstairs never gave them enough
annuity to support the downstairs. At times, the operation had to support the upstairs.
With the liquor license, which would have time constrains exactly as that currently in
place, the Ronald W. Shane Watersports Center could make the revenue and that would
be great for the facility.
Mayor Levine stated that this item would go to the Neighborhood/Community Affairs
Committee to be discussed by all the parties. Nothing is being decided today.
Magda Lahera of 6450 Collins Avenue, Apartment # 1008, spoke against the item. She
complained about the noise generated at the Ronald W. Shane Watersports Center
when they hold events. Many elderly residents live at Gardens on the Bay; her mother is
in hospice so she would like to have peace at her own home.
Commissioner Rosen Gonzalez stated that she thinks the Commission should do two
different things, if the Ronald W. Shane Watersports Center is already serving alcohol at
events, then the Commission should allow the passage of that provision; and refer to the
Neighborhood/Community Affairs Committee a discussion on what is happening with the
noise and the surrounding. Commissioner Rosen Gonzalez stated that the Commission
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 70 of 115
should grant the Ronald W. Shane Watersports Center the ability to sell the liquor, and
then have a discussion surrounding the hours and the noise issues, and see if there
could be a compromise between all parties. Commissioner Rosen Gonzalez sees it as
two different issues. The City has a Noise Ordinances in place, which must be complied
with.
Mayor Levine asked if the item could be divided, or should it all go the
Neighborhood/Community Affairs Committee. Mayor Levine reiterated that what
Commissioner Rosen Gonzalez is suggesting is giving the Ronald W. Shane
Watersports Center the permission to sell alcohol themselves as opposed to the
concession; and then the rest of it, which has to do with the noise and quality of life
issues, to be sent to the Neighborhood/Community Affairs Committee.
Ms. Lopez is opposed to Commissioner Rosen Gonzalez’s suggestion.
Mayor Levine suggested referring the entire item to the Neighborhood/Community
Affairs Committee, so it is properly hashed out.
The neighbors present were in agreement to send this matter to the
Neighborhood/Community Affairs Committee.
Ms. Lopez stated that over 1,000 residents are impacted by the activities of the Ronald
W. Shane Watersports Center, and they have the right to live peacefully, sleep and be
able to get up and go to work.
Motion by Commissioner Alemán to refer the item for further discussion to the
Neighborhood/Community Affairs Committee; seconded by Commissioner Rosen
Gonzalez. Voice vote: 7-0. Morgan Goldberg to place on the Committee agenda;
Thomas Mooney to handle.
Contact Information:
• Steve Fazikas, 6484 Indian Creek Drive, Miami Beach, FL 33141
• Irene Lopez, 6484 Indian Creek Drive, Apartment 217, Miami Beach, FL 33141;
Email: gardensonthebay@yahoo.com
• Eduardo Migueltorena, 6484 Indian Creek Drive, Apartment 320, Miami Beach, FL
33141
• Sylvia Ospina, 6450 Collins Avenue, Apartment 1409, Miami Beach, FL 33141
• Magda Lahera, 6450 Collins Avenue, Apartment 1008, Miami Beach, FL 33141
• Gardens on the Bay Owners Association, Inc. – 6484 Indian Creek Drive, Office,
Miami Beach, FL 33141.
Handouts or Reference Materials:
1. Ads No. 1260 & 1274 published in The Miami Herald
2. Commission Meeting Speakers List
Handouts or Reference Materials:
1. Speakers List
2. See Handouts or Reference Materials listed for item R7 A
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 71 of 115
11:51:12 a.m.
R7 C A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
EACH, FLORIDA, APPROVING, BY 5/7TH VOTE, FOLLOWING A DULY NOTICED
PUBLIC HEARING, THE NAMING OF THE FOUNTAIN WITHIN SOUTH POINTE PARK
IN MEMORY OF MARK N. OVERTON, FORMER DEPUTY CHIEF OF THE MIAMI
BEACH POLICE DEPARTMENT.
11:15 a.m. Public Hearing Parks and Recreation
ACTION: Resolution 2017-29744 adopted. Public Hearing held. Motion made by Vice-
Mayor Malakoff to approve the Resolution; seconded by Commissioner Alemán. Voice
vote: 7-0. John Rebar to handle.
John Rebar, Parks & Recreation Department Director, introduced the item. The City is
going through the process of having a plaque installed at the new fountain in South
Pointe Park, in memory of Deputy Police Chief Mark N. Overton, who passed away
recently.
Commissioner Grieco stated that both he and Commissioner Arriola came up with this
item independently. He applauded his colleague for thinking similarly. Several people in
the Miami Beach community support this item. Chief Overton lived across the street from
South Pointe Park, and although he lived in Miami Beach for a short time, he was a very
active member of the community. His untimely passing warrants a memorial such as this
one.
Commissioner Rosen Gonzalez would like to sponsor a service for when the park is
opened as a dedication to the new fountain and memorial for Chief Overton. She would
like to invite all the Police Officers from Miami-Dade County to the event.
Speakers on behalf of Esther Overton, the Chief’s widow, thanked the City Commission
for proposing the idea of having a plaque in honor of Chief Overton.
Handouts or Reference Materials:
1. Ad No. 1274 published in The Miami Herald
12:30:21 p.m.
1:37:24 p.m.
R7 D A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ADOPTING THE SECOND AMENDMENT TO THE GENERAL
FUND, ENTERPRISE FUND, INTERNAL SERVICE FUND AND SPECIAL REVENUE
FUND BUDGETS FOR FISCAL YEAR (FY) 2016/17.
11:20 a.m. Public Hearing Budget and Performance Improvement
ACTION: Resolution 2017-29745 adopted. Public Hearing held. Motion made by
Commissioner Alemán to approve the Resolution; seconded by Commissioner Rosen
Gonzalez. Voice vote: 5-0; Absent: Mayor Levine and Commissioner Grieco. Cintya G.
Ramos to handle.
Cintya G. Ramos, Budget and Performance Improvement Director, explained that this is
a second amendment to the FY 2017 budget, and issues requests for rollover and new
items, including the digitalization of Miami Beach Archives, grant for UNIDAD, funding
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 72 of 115
for Common Threads program, funding for the 2017 Gay Pride Parade, funding for light
tower purchases, ballistic vests, carpet replacement at the Colony Theatre; consolidates
funding for security guard expenses for the Department of Emergency Management and
corrects revenue estimates for the 1% debt center for the Convention Center.
Handouts or Reference Materials:
1. Ad No. 1274 published in The Miami Herald
R7 E A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, URGING THE UNITED STATES CONGRESS TO REVISE THE
NATIONAL FLOOD INSURANCE PROGRAM TO ELIMINATE THE
DISPROPORTIONATE SUBSIDIES PAID BY THE STATE OF FLORIDA TO OTHER
PARTS OF THE NATION, AND TO INCREASE THE AMOUNT OF SUBSIDIES
ALLOCATED IN FLORIDA, TO AN AMOUNT EQUAL TO AT LEAST 25% OF FLOOD
INSURANCE PREMIUMS PAID IN THE STATE OF FLORIDA, FOR REINVESTMENT
IN RESILIENT INFRASTRUCTURE PROJECTS IN THE STATE OF FLORIDA; AND,
FURTHER, URGING THE FLORIDA LEGISLATURE TO ADOPT STRICTER BUILDING
CODES THAT INCORPORATE MEASURES THAT ADDRESS SEA LEVEL RISE, AND
TO ADOPT LAWS THAT REQUIRE INSURANCE COMPANIES TO PROVIDE
INCENTIVES FOR THE IMPLEMENTATION OF RESILIENT MEASURES THAT
MITIGATE THE RISKS RELATED TO CLIMATE CHANGE AND FLOODING.
Office of the City Attorney
Deferred from January 11, 2017 - R7 H Commissioner Kristen Rosen Gonzalez
ACTION: Item deferred by the sponsor, Commissioner Rosen Gonzalez, to the March 1,
2017 City Commission Meeting. Office of the City Attorney to handle.
1:59:43 p.m.
SUPPLEMENTAL MATERIAL 2: REVISED MEMORANDUM & RESOLUTION
R7 F A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER GRANTING TWO
(2) WAIVERS OF CERTAIN DEVELOPMENT REGULATIONS, BY A 5/7TH VOTE OF
THE CITY COMMISSION, AFTER PUBLIC HEARING, PURSUANT TO SECTION 142-
425(d), OF THE CITY'S CODE, FOR THE PARKING GARAGE TO BE CONSTRUCTED
AT THE P-16 SURFACE PARKING LOT, LOCATED AT 13TH STREET AND COLLINS
AVENUE, WITHIN THE OCEAN DRIVE/COLLINS AVENUE HISTORIC DISTRICT: (1)
A WAIVER OF SECTION 142-547(A), OF THE CITY CODE, REDUCING THE
MINIMUM FRONT SETBACK (EAST SIDE) FROM TEN (10) FEET TO EIGHT (8) FEET
NINE (9) INCHES; AN ADDITIONAL REDUCTION TO TWO (2) FEET FIVE (5) INCHES
REDUCING THE MINIMUM FRONT SETBACK AT THE VERTICAL. CIRCULATION
TOWER; AND REDUCING THE SIDE SETBACK (NORTH SIDE), FACING A STREET,
FROM FIVE (5) FEET TO ZERO (0) FEET; AND (2) A WAIVER OF SECTION 142-545,
OF THE CITY CODE, IN ORDER TO INCREASE THE MAXIMUM BUILDING HEIGHT
FROM 50 FEET TO 75 FEET.
Capital Improvement Projects
ACTION: Item withdrawn by acclamation. Item will return to the City Commission
when there is more information regarding the proposed parking garage. Rafael E.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 73 of 115
Granado to notice. Lilia Cardillo to place on the Commission Agenda, if received. David
Martinez to handle.
David Martinez, Director of Capital Improvement Projects Department, stated that they
are seeking authorization to set a public hearing to request waivers regarding setbacks
and height for the proposed parking garage located at the P16 lot located at the South
West corner of Collins Avenue and 13 th Street.
Vice-Mayor Malakoff stated that as of now, Washington Avenue needs parking garages.
She would like the parking garage’s top floors to be used for workforce housing micro-
units, giving people who work in the area an opportunity to live in affordable housing in
Miami Beach. The bottom floor does not necessarily have to be for retail; instead, it
could be used for additional parking with an attractive screening, so the pedestrians do
not see cars from the sidewalk.
Mr. Martinez explained that there are a few challenges to building a parking garage
similar to what Commissioner Malakoff described. The Planning Board supports
activating the ground floor whether for commercial or other uses. The size of the lot is
relatively small, so in order to maximize space, there will be a lot of sloped parking.
There will not be many flat horizontal areas that would offer themselves for future
conversions.
Vice-Mayor Malakoff clarified that the workforce housing she is proposing is not for
future use, but to be included in the parking garage itself, using the top two floors for this
purpose.
City Manager Morales stated that the City could waive the requirement for ground-floor
retail as it has done in the past.
Vice-Mayor Malakoff stated that this parking garage gives the City an opportunity to build
workforce housing. The City is retrofitting older buildings for this purpose, but nothing
new has been built in some time.
City Manager Morales explained that City staffers would need to look at the numbers for
the parking garage and the workforce housing.
Discussion held regarding the ground floor space, and its use.
Nancy Liebman stated that she agrees with Vice-Mayor Malakoff’s opinion. She drew
attention to Washington Avenue and its parking needs. She asked the City Commission
why the parking garage was not being built on Washington Avenue rather than Collins
Avenue. She does not understand why the City would build a parking garage diagonally
across an already existing parking garage.
Commissioner Steinberg agreed with Ms. Liebman’s statement and explained that the
P3 parking garage location would make more sense to improve for parking needs.
City Manager Morales explained that the P3 would be a good location for a new parking
garage, but the costs per space are extremely high. He recognized the parking garages
at 12 th and 9 th Streets and Washington Avenue, but one thing is the Master Planner’s
vision, and another are the dollars and cents needed for the project.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 74 of 115
Commissioner Alemán stated that she was assured that the parking garage on 13 th and
Collins Avenue is frequently and regularly full. She asked why the City would build a
parking garage across from it.
Saul Frances, Parking Department Director, agreed that the 13 th and Collins Avenue
parking garage is one of the most heavily used parking garages in the Entertainment
District. He believes this is a good place for a new parking garage, because the demand
for parking is there.
Mr. Martinez explained that the City looked into the 9 th and 12 th Streets and Washington
Avenue parking garages, but the costs of updating these garages would be prohibitive,
so they moved on the next best affordable location for the parking garage, which was at
13 th and Collins Avenue.
Commissioner Alemán expressed her concern regarding the parking garage’s proposed
zero setback.
Mr. Martinez elaborated on the need for the structure’s zero setback, and how it would
encompass a screen for the outside view.
Vice-Mayor Malakoff insisted on having a parking garage with workforce housing on the
top two floors that could have a swimming pool and landscaping.
City Manager Morales stated that the Administration would need more than two months
to hash out the workforce-housing concept and go through the schematics.
Discussion continued.
Commissioner Rosen Gonzalez asked if Mr. Frances had the choice, which location
would he select for a parking garage with workforce housing included. She does not
agree with building over open spaces, especially in the historic district.
Mr. Frances stated that the actual challenge is not the location, but the cost of the
project. The higher the structure, the more reinforcement is required on the lower floors.
A major investment needs to be done on the foundation in order to go higher.
Commissioner Rosen Gonzalez believes the parking garage with workforce housing
could be an attractive deal to be built outside of the historic district, but she would like it
built with retail on the ground floor, and opposes height increases to it. She would like
current parking garages to be refurbished first, before building new garages.
Mr. Frances explained that aside from the new facility at 13 th Street and Collins Avenue,
he could not identify a location within the cost per space budget.
Commissioner Rosen Gonzalez asked whether 41 st Street would be a good location for
workforce housing, because there are tall buildings in that location, and there is even a
parking garage across from the medical center.
Commissioner Grieco asked whether there are existing garages that have significant
underutilization. He is aware of the joint project on 5 th and Alton Road, where the rooftop
parking is routinely almost completely empty, and various residents have proposed
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 75 of 115
many ideas for that space. He is concerned over the philosophical conversation over
increasing parking in general. The City should not be sending the message for people to
bring their cars over to Miami Beach. With the advent of car-sharing programs, there has
been a flat lining in parking demand. He is not in favor of blindly increasing parking
inventory. The City should focus on mass transit and other alternatives to decrease
traffic.
City Manager Morales stated that this conversation would not be going on had it not
been for the Washington Avenue Master Plan, which strongly recommended: a) remove
on-street parking; and b) make sure parking was supplied at another location nearby.
This was viewed as a quid-pro-quo for the exchange of removing on-street parking. In
regards to the underutilization of public and private garages, there has been a 20% drop
in use.
Commissioner Steinberg stated that if public and private garage use has gone down
20%, she proposed partnering with private garages to come up with an agreement that
could help increase parking garage use, without the need of building more. Saul
Frances to handle.
Mr. Frances agreed to reach out to private parking garage companies and see if a
partnership is viable.
Commissioner Arriola would like to see this parking garage go through. There is a
parking problem, specifically during peak hours, where people drive around looking for
parking spaces that do not exist. People need places to park.
Commissioner Steinberg expressed her concern over a 25-foot garage increase in the
historic district.
City Manager Morales stated that the Administration will proceed to look at workforce
housing on the top floors of the parking garage and go forward, but they will need more
time to determine how many parking spaces are needed for the project to be worthwhile.
He suggested delaying public hearing until there is more information.
Item withdrawn by acclamation, and to return to the City Commission when more
information is available.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 76 of 115
R7 G A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER
TO AWARD AN AGREEMENT, PURSUANT TO REQUEST FOR PROPOSALS (RFP)
NO. 2016-091-KB, FOR DESIGN/BUILD SERVICES FOR WEST AVENUE
IMPROVEMENTS PHASE II NORTH OF 14 STREET (PHASE II), TO RIC-MAN
CONSTRUCTION, INC., WITH THE GUARANTEED MAXIMUM PRICE (GMP) IN THE
AMOUNT OF $30,850,663.00; AUTHORIZING A TEN PERCENT (10%) OWNER'S
CONTINGENCY FOR THE PROJECT IN THE AMOUNT OF $3,085,066.30; AND
FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DESIGN
BUILD AGREEMENT WITH RIC-MAN CONSTRUCTION, INC.
Public Works/Procurement
ACTION: Item deferred to March 1, 2017 . Lilia Cardillo to place on the Commission
Agenda, if received. Eric Carpenter and Alex Denis to handle.
R7 H A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER
TO AWARD AN AGREEMENT, PURSUANT TO REQUEST FOR PROPOSALS (RFP)
NO. 2016-090-KB, FOR DESIGN/BUILD SERVICES FOR WEST AVENUE
IMPROVEMENTS PHASE II SOUTH OF 14 STREET (PHASE II), TO RIC-MAN
CONSTRUCTION, INC., WITH THE GUARANTEED MAXIMUM PRICE (GMP) IN THE
AMOUNT OF $13,285,990.00; AUTHORIZING A TEN PERCENT (10%) OWNER'S
CONTINGENCY FOR THE PROJECT IN THE AMOUNT OF $1,328,599.00; AND
FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DESIGN
BUILD AGREEMENT WITH RIC-MAN CONSTRUCTION, INC.
Public Works/Procurement
ACTION: Item deferred to March 1, 2017 . Lilia Cardillo to place on the Commission
Agenda, if received. Eric Carpenter and Alex Denis to handle.
3:21:53 p.m.
R7 I A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AMENDMENT NO. 1 TO THE ARCHITECTURAL AND ENGINEERING
(NE) DESIGN SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH,
FLORIDA AND JAMES CORNER FIELD OPERATIONS, L.L.C., FOR ADDITIONAL
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR THE LINCOLN
ROAD DISTRICT IMPROVEMENTS PROJECT; IN THE NEGOTIATED NOT-TO-
EXCEED AMOUNT OF $1,274,000; WITH PREVIOUSLY APPROPRIATED FUNDING.
Capital Improvement Projects
ACTION: Resolution 2017-29746 adopted. Motion made by Vice-Mayor Malakoff to
approve the Resolution; seconded by Commissioner Grieco; Voice vote: 7-0. David
Martinez to handle.
David Martinez, CIP Director, stated that he is asking for authorization for Amendment 1
to the agreement with James Corner Field Operations, LLC. Regarding the Lincoln Road
project in the amount of $1,274,000. The item covers design to the additional Master
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 77 of 115
Plan limits. This item also includes the security barrier system as was directed by the
City Commission.
City Manager Morales clarified that the James Corner plan was highlighted in the Lincoln
Road Master Plan.
Mr. Martinez stated that the fees have been reviewed and put into perspective. The
construction budget will be over $40 million, not including the barrier system. They are
currently under 12% in design and construction fees, which is reasonable in the industry.
Vice-Mayor Malakoff asked for the purpose of the barriers.
Commissioner Grieco explained that it is not per se a barrier, but safety bollards
designed to protect pedestrians from vehicles.
10:03:51 a.m.
10:11:37 a.m.
R7 J A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXERCISE THE FIRST ONE (1) YEAR RENEWAL OPTION PURSUANT TO THE
MIAMI BEACH TENNIS MANAGEMENT, LLC AGREEMENT TO PROVIDE
PROFESSIONAL TENNIS MANAGEMENT AND OPERATIONS SERVICES AT THE
CITY'S FLAMINGO AND NORTH SHORE TENNIS CENTERS.
Parks and Recreation/Procurement
ACTION: Resolution 2017-29747 adopted. Motion made by Vice-Mayor Malakoff;
seconded by Commissioner Grieco to adopt the Resolution and refer the item to Parks &
Recreational Facilities Board; Voice vote: 7-0. John Rebar and Alex Denis to handle.
DIRECTION:
Before the next contract renewal, present the contract to the Parks & Recreational
Facilities Board. Cynthia Casanova to place on the Board agenda; John Rebar to
handle.
John Rebar, Parks & Recreation Department Director, stated that this item is for the
extension of the Miami Beach Tennis Management contract for one year. The City has
come a long way with its tennis facilities. The courts are looking great, there is a good
dynamic atmosphere with those playing on the courts, and there is a good relationship
between the City and management company. The City offers free lessons for after
school and summer school children. If it were not for this tennis program, many children
would not get the exposure to the sport.
Mayor Levine recognized the dramatic change for the better in Miami Beach tennis, and
stated that the residents appreciate it.
Commissioner Alemán stated that Flamingo Park is an amazing tennis facility, and Mr.
Orlin has dedicated a great deal of attention to the North Beach Tennis Center. She
thanked him for hiring a world-class professional coach – Mr. Martin Van Daalen, who is
leading Miami Beach children to the top of the State tennis rankings.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 78 of 115
Commissioner Steinberg agrees with the current renewal, but asked to have the contract
go before the Parks & Recreational Facilities Board for review before the next renewal.
Direction agreed to by acclamation.
Commissioner Grieco stated that he has had the opportunity to get to know Mr. Orlin, as
he and his team train his son in tennis. He is very impressed with what Mr. Orlin has
achieved. He agreed with Commissioner Steinberg to have the contract go before the
Parks & Recreational Facilities Board before the next renewal to discuss any changes
necessary.
Commissioner Rosen Gonzalez stated that she has known Mr. Orlin for many years, and
advocated for him to manage Miami Beach tennis. She is happy the residents of Miami
Beach are enjoying the tennis facilities.
Mayor Levine reminded everyone present that when the City was contemplating
switching tennis vendors, the public outcry was terrible. He is glad to see people are now
appreciative of what Mr. Orlin has done. He gave a special acknowledgment to Mr. Orlin
for doing such a great job.
Howie Orlin, President of Miami Beach Tennis Management, stated that it is a privilege
to be back in Miami Beach. He appreciates the confidence the City Commission has with
him and his team. He is a passionate person, and loves what he does.
Mr. Rebar stated that aside from Mr. Orlin offering first-rate tennis in Miami Beach, he is
not only meeting monthly payments, but he is hitting bonuses, so the City receives more
money than what it was expecting. This is the sign of a good product.
Vice-Mayor Malakoff thanked Mr. Orlin, and recalled that his father trained her in tennis
many years ago.
Discussion continued.
Mayor Levine suggested putting together a fundraiser event – “A Commission Charity
Tennis Match,” which would have the City Commission play tennis matches against City
Staffers. John Rebar to handle.
3:12:28 p.m.
R7 K A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF MIAMI BEACH,
FLORIDA, INCORPORATING BEST MANAGEMENT PRACTICES FOR
LANDSCAPING BY INCLUDING THE USE OF THE FLORIDA-FRIENDLY
LANDSCAPING GUIDE TO PLANT SELECTION AND LANDSCAPE DESIGN WHEN
REDEVELOPING CITY PARKS AND CITY-OWNED LAND.
Environment & Sustainability/Greenspace
ACTION: Resolution 2017-29748 adopted. See related Item C6 B (1). Motion made by
Commissioner Arriola to approve the Resolution; seconded by Vice-Mayor Malakoff;
Voice vote: 7-0. Elizabeth Wheaton and Rodney Knowles to handle.
Elizabeth Wheaton, Environment & Sustainability Director, stated that this item adds
guidelines for City projects, including parks, green spaces, and right-of-ways to have
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 79 of 115
Florida-friendly and native plants. It also integrates pest management, and they are
continuously looking at more environmentally friendly practices. The green spaces are
already using these concepts, but this item would solidify these programs.
3:20:34 p.m.
R7 L RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO
ACCEPT THE TRANSFER TO THE CITY, VIA QUIT CLAIM DEEDS, WITH AN
ACCOMPANYING EASEMENT AGREEMENT FOR THE PRIOR UPLAND OWNER, SO
THAT THE PRIOR UPLAND OWNER MAY HAVE ACCESS TO THE SEAWALL TO
DEVELOP A DOCK; ALONG THE APPROXIMATELY 4,000 LINEAR FEET OF
SEAWALL ALONG INDIAN CREEK DRIVE; SO THAT THE CITY AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) MAY UNDERTAKE THE
CONSTRUCTION OF A 5.7 NAVD ELEVATION SEAWALL BARRIER WALL, WHICH
WOULD IMPROVE STREET DRAINAGE, AND RAISE THE ROAD ELEVATION FOR
INDIAN CREEK DRIVE, BETWEEN 26TH STREET AND 41 ST STREET.
Public Works
ACTION: Resolution 2017-29749 adopted. Motion made by Vice-Mayor Malakoff to
approve the Resolution; seconded by Commissioner Alemán; Voice vote: 6-0. Absent:
Commissioner Grieco. Eric Carpenter to handle.
Jimmy L. Morales, City Manager, stated that this item is in regards to the quit claim deed
for property owners on the east side of Indian Creek. The City Commission had directed
him and the Office of the City Attorney to draft the easement form, and they are
presenting it today to the City Commission.
Eve Boutsis, Chief Deputy City Attorney, stated that the quit claim deed is now finalized
and they are asking the City Commission to approve it.
9:57:07 a.m.
R7 M A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ESTABLISHING AN OATH OF CIVILITY FOR CITY APPOINTED
AND ELECTED OFFICIALS.
Office of the City Attorney and Office of the City Clerk
Mayor Philip Levine
Co-sponsored by Vice-Mayor Joy Malakoff, and Commissioners John Elizabeth Alemán,
Ricky Arriola, Kristen Rosen Gonzalez, Michael Grieco, and Micky Steinberg
ACTION: Resolution 2017-29750 adopted by acclamation. Motions made by
Commissioner Alemán to adopt the Resolution, and directing that all existing Board and
Committee members take the Oath of Civility; seconded by Vice-Mayor Malakoff; Voice
vote: 7-0. Office of the City Clerk to handle.
DIRECTION:
Administer Oath to all Board and Committee members, new and existing.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 80 of 115
Mayor Levine introduced the item and recommended that the entire City Commission
sponsor the item because he believes it is important to everybody on the dais. He then
asked if everybody wanted to cosponsor the item.
All Commissioners agreed to cosponsor the item.
City Attorney Raul J. Aguila explained that the Miami-Dade County Commission on
Ethics and Public Trust passed a resolution on January 11, 2017, urging that all
municipalities in Miami-Dade County adopt an Oath of Civility. The Oath of Civility would
be taken, in addition to the Oath of Office that the Mayor and City Commissioners take
when they take office, and that they sign in the Office of the City Clerk; this oath would
apply as well to City Board and Committee members. City Board and Committee
members know that the first thing they must do is go to the Office of the City Clerk and
sign the Oath of Office. In addition to the Oath of Office, this will require public officers to
adhere to an Oath of Civility, which pledges: “To your colleagues and to all of those that
you represent and serve, you will pledge fairness, integrity and civility, in all actions
taken and all communications made by you as a public servant.” This stems from an
action by the Florida Supreme Court, where they added language to the Oath of
Admission to the Florida Bar, sworn by newly admitted attorneys, requiring civility by
attorneys when communicating to opposing parties and counsel in court, and in all
written and oral communications. City Attorney Aguila reiterated that the County
Commission on Ethics and Public Trust is hoping that all municipalities, as well as the
County, adopts this, and he believes that the City of Miami Beach is the first municipality
to consider this item.
Mayor Levine stated that the Oath appears to be intended for newly elected officials, and
asked City Attorney Aguila if it would make sense for the current members of the City
Commission to take the Oath.
City Attorney Aguila added that it is intended to be prospective; and the most important
thing is rather than seeing it as an Oath, it should be viewed as a policy statement. The
Miami-Dade County Commission on Ethics and Public Trust in their resolution quoted
Thomas Jefferson, “It is the manners and spirit of a people which preserve a republic in
vigor. A degeneracy in these is a canker which soon eats to the heart of its laws and
constitution.” This is intended to be aspirational for all public officials.
Discussion held.
MOTION 1:
Item approved by acclamation.
Commissioner Rosen Gonzalez suggested taking the Oath of Civility.
It was unanimously agreed that everyone on the dais would take the Oath of Civility.
Raul J. Aguila, City Attorney, read the Oath of Civility, and requested that all the
individuals on the dais take the Oath.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 81 of 115
Oath:
I, state your name, to my colleagues and all those I represent and serve, I
pledge fairness, integrity and civility, in all actions taken and all
communications made by me as a public servant.
City Attorney Aguila will send this portion of the video tape to the Commission on Ethics.
MOTION 2:
Motion made by Commissioner Alemán, directing that all existing Board and Committee
members take the Oath of Civility; Seconded by Vice-Mayor Malakoff; Voice vote: 7-0.
Office of the City Clerk to handle.
Handouts or References Materials:
1. Email from Rafael Granado dated February 6, 2017 to Philip Levine, RE: Request to
Cosponsor.
3:25:24 p.m.
SUPPLEMENTAL MATERIAL 2: RESOLUTION
R7 N A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO EXPAND THE
PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM TO PROVIDE
FINANCING FOR IMPROVEMENTS THAT SUPPORT RESILIENCY IN THE STATE OF
FLORIDA.
Office of the City Attorney
Commissioner Kristen Rosen Gonzalez
ACTION: Resolution 2017-29751 adopted as amended. Motion made by
Commissioner Steinberg to approve the item as amended; seconded by Commissioner
Rosen Gonzalez; Voice vote: 7-0. Susanne M. Torriente, Elizabeth Wheaton, Marcia
Monserrat and Judy Hoanshelt to handle.
AMENDMENT:
The Resolution should be in regards to existing buildings, not “existing historic
buildings.”
Commissioner Rosen Gonzalez stated that the City became a member of the Property
Assessed Clean Energy Program (PACE) about a year ago. This program allows people
to finance renewable energy modifications for their homes through impact windows,
solar panels, A/C, heating, etc. Many residents will be able to finance through property
taxes. She would like to send a message to the Florida Legislature that the City of Miami
Beach is interested in raising all homes. Currently, the item reads it would like to raise all
“existing historic structures,” but she would like to amend the Resolution to read as “all
existing structures.”
Susanne M. Torriente, Assistant City Manager, stated that the language in the
Resolution is broad enough to address climate adaptation.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 82 of 115
R7 O A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER AND WAIVING, BY 5/7TH VOTE, THE CITY'S COMPETITIVE BIDDING
REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE
CITY, AND APPROVING AND AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO EXECUTE AN AGREEMENT WITH AT&T FOR TURNKEY NEXT
GENERATION E911 PUBLIC SAFETY ANSWERING POINT (PSAP) EQUIPMENT
AND SOFTWARE, INCLUSIVE OF MONTHLY MAINTENANCE RATES, FOR A FIVE
(5) YEAR TERM, IN AN AMOUNT NOT TO EXCEED $1,081,880.00, FOR THE
PURPOSE OF UPGRADING AND MAINTAINING THE CITY'S EXISTING AT&T
EQUIPMENT AND NETWORK, AND TO ENHANCE AND FACILITATE THE SITUS
UPGRADE TO NEXT GENERATION 911, WHICH INCLUDES TEXT AND
MULTIMEDIA CAPABILITIES.
Emergency Management
ACTION: Item withdrawn.
3:28:45 p.m.
SUPPLEMENTAL MATERIAL 1: MEMORANDUM & RESOLUTION
R7 P A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE OCEAN DRIVE SIDEWALK CAFE DESIGN
GUIDELINES TO ALLOW THE HISTORIC PRESERVATION BOARD TO REVIEW AND
APPROVE THE PROPOSED COLOR OF RETRACTABLE UMBRELLAS ON OCEAN
DRIVE, SO AS TO ENSURE COMPATIBILITY WITH ICONIC ARCHITECTURE.
Planning Department
Commissioner Ricky Arriola
ACTION: Resolution 2017-29752. Motion made by Commissioner Arriola to approve
the item; seconded by Commissioner Alemán; Voice vote: 7-0. Thomas Mooney to
handle.
Commissioner Arriola introduced the item stating it is in regards to a small inconsistency
with the color of umbrellas and awnings on Ocean Drive, and provides the Historic
Preservation Board the authority to fix it.
Thomas Mooney, Planning Department Director, explained that when the Ocean Drive
café guidelines were adopted in late 2016, there were neutral colors that were adopted
as part of the guidelines for the umbrellas, but it did not give the Historic Preservation
Board latitude to vary from it. This Resolution would provide the Historic Preservation
Board more colors to choose from for the umbrellas.
Commissioner Alemán asked if this Resolution would affect all umbrellas on Ocean
Drive, not just retractable umbrellas.
Mr. Mooney clarified that retractable umbrellas are the only type of umbrellas allowed on
Ocean Drive, so in essence, it would affect all umbrellas on Ocean Drive.
Mr. Mooney explained that this item pertains to umbrellas and not retractable awnings.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 83 of 115
10:04:45 a.m.
SUPPLEMENTAL MATERIAL 3: MEMORANDUM
R7 Q A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER
REGARDING AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO: (1)
PROVIDE ADDITIONAL LANDSCAPING TO THE SUNSET HARBOUR
NEIGHBORHOOD THROUGH AN EXISTING CITY LANDSCAPE CONTRACT; AND,
(2) PROVIDE PERMANENT EMERGENCY GENERATOR POWER FOR THE
STORMWATER PUMP STATION SYSTEM THROUGH A COMPETITIVELY
PROCURED CONTRACT DIRECTLY WITH THE GENERATOR SUPPLIER; FOR AN
AMOUNT NOT TO EXCEED $1,000,000.
Public Works
ACTION: Resolution 2017-29753 adopted. Motion made by Vice-Mayor Malakoff to
approve the item; seconded by Commissioner Steinberg; Voice vote: 7-0. Eric
Carpenter to handle.
Eric Carpenter, Assistant City Manager/Public Works Director, stated that this item is in
regards to the installation of an emergency power system for one of the pump stations in
Sunset Harbour. The City has been working on a proposal and some remaining
landscaping items with the neighborhood improvement contractor. As discussions
developed, he and his team realized that it would be more efficient to contract separately
rather than using the current contractor. This item authorizes the administration to not
exceed the dollar amount procured for the two Sunset Harbour pump generators, and
provide approximately $250,000 in landscaping to complete the neighborhood
improvement.
Vice-Mayor Malakoff stated that the City needs to start planning for landscaping before
projects begin. There are many pump stations throughout the City, and all of the large
pumps will need generators. Perhaps the City when procuring could get a better price if
it places a large order of generators for all or at least the majority of pumps that require
generators.
Mr. Carpenter stated that the generators need to be looked at carefully regarding their
size and best location. There are some single-family neighborhoods that may or may not
feel strongly about having a generator next to their home, particularly considering when
they are substantially large. They are looking at the best management solution to care
for all of the eventualities.
Commissioner Alemán asked what the criteria are for adding generators to specific City
pumps.
Discussion held regarding pump generator criteria.
Mr. Carpenter stated that the focus is on the greatest return on investment for the best
generators.
Commissioner Rosen Gonzalez stated that this project has cost so far $30 million, and
will now require an additional $250,000. Although she is unhappy with how much the
project has cost, she will vote in favor of the item. She wants the City to manage the
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 84 of 115
money better when the similar sea level rise efforts have to be applied to other
neighborhoods in the City.
Mr. Carpenter explained that Sunset Harbour was the neighborhood in the greatest
amount of need due to flooding, so the most amount of work had to be done. Many
lessons were learned during this project, and he anticipates the City performing much
better in future projects both practically and fiscally.
Commissioner Alemán added that at the March 7, 2017 Mayor’s Blue Ribbon Panel on
Sea Level Rise meeting, Mr. Carpenter will provide more perspective on the work done
on Sunset Harbour, and how the City will move forward on similar projects. She
encouraged everyone present to attend.
ADDENDUM MATERIAL 2
R7 R A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, SUPPORTING EFFORTS CHALLENGING AND OPPOSING
EXECUTIVE ORDER 13,768, ISSUED BY PRESIDENT DONALD TRUMP ON
JANUARY 25, 2017, THAT DIRECTS THE FEDERAL GOVERNMENT TO WITHHOLD
FEDERAL FUNDS FROM STATE AND LOCAL GOVERNMENTS THAT PREVENT OR
HINDER THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS; AND, FURTHER,
URGING MIAMI-DADE COUNTY MAYOR CARLOS GIMENEZ TO RESCIND HIS
MEMORANDUM DATED JANUARY 26, 2017, DIRECTING THE MIAMI-DADE
CORRECTIONS AND REHABILITATION DIRECTOR TO HONOR ALL IMMIGRATION
DETAINER REQUESTS FROM THE DEPARTMENT OF HOMELAND SECURITY.
Office of the City Attorney
Commissioner Kristen Rosen Gonzalez
ACTION: Item withdrawn by Commissioner Rosen Gonzalez based on the passage of
item R7 S.
4:01:01 p.m.
ADDENDUM MATERIAL 2
R7 S A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, RE-AFFIRMING THE CITY OF MIAMI BEACH’S FIRMLY
ESTABLISHED POLICIES OF DIVERSITY, INCLUSIVENESS, AND NON-
DISCRIMINATION, AND SUPPORTING COLLABORATION AMONG ITS MUNICIPAL,
COUNTY, STATE, AND FEDERAL PARTNERS TO ENSURE THAT POLICIES
INSTITUTED RESPECT THE DIVERSITY OF OUR COMMUNITIES.
Office of the City Attorney
Mayor Philip Levine
ACTION: Resolution 2017-29754 adopted as amended. Motion made by
Commissioner Arriola to approve the item as amended; seconded by Vice-Mayor
Malakoff; Voice vote: 7-0. Office of the City Clerk to transmit the Resolution.
AMENDMENT:
Encourage the County Commission to re-evaluate Executive Order 13768.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 85 of 115
Mayor Levine explained that he would like to take the opportunity to reaffirm the
principles of the City’s open and multicultural community. This City has had a long
history of anti-discriminatory laws. On January 25, 2017, President Trump issued
Executive Order 13768, which withholds funding from sanctuary jurisdictions that refuse
to comply with the order. He would like to ask Mayor Gimenez and the County
Commission to reconsider this Executive Order, as it will cause rifts in the community. It
is important to let people know that this is a City for everyone, and the United States is a
country founded on immigrants and immigration. He asked Police Chief Oates to expand
on the Police Department’s role with the Executive Order.
Police Chief Daniel Oates stated that he has worked in three other cities with significant
immigrant populations. He believes it is easy for the public to misunderstand the role the
police has with immigration enforcement. He clarified that the Police Department does
not have jurisdiction to enforce immigration law. They have an excellent relationship with
all federal agencies, and if they are seeking assistance, the City will cooperate. This
entails arresting someone on behalf of the authorities because of an active arrest
warrant. An undocumented immigrant who contacts the Police Department does not
have to fear immigration services, because they are looking to provide safety for the
community. Additionally, since Miami Beach does not have a jail or prison, background
investigations are handled by the County. The Miami Beach Police Department wants to
create an environment of cooperation and trust with its residents.
Mayor Levine read the following portion of the Resolution into the record:
“Whereas the Mayor and City Commission of the City of Miami Beach encourage Miami-
Dade County to seek input from community stakeholders and County residents with
regard to the adverse implications and possible unintended consequences at the
Mayor’s January 26, 2017 memorandum could have in Miami-Dade County, particularly
with regard to fostering a negative perception among the County’s diverse residents and
visitors.”
Police Chief Oates stated that there is a common misconception that anyone in law
enforcement can immediately determine a person’s immigration status. The truth is that
this is incredibly difficult and requires searching background information with the Federal
Government, which can take hours.
Commissioner Rosen Gonzalez supports the Resolution, but would like to amend it to
ask the County Commission to re-evaluate Executive Order 13768.
Commissioner Arriola agreed with Commissioner Rosen Gonzalez and suggested using
any wording that would have the County return to its immigration status as of 2013.
Mayor Levine agreed with Commissioner Rosen Gonzalez’s amendment.
Additionally amendments relating to the specific upcoming County Commission meeting
on the subject were discussed, but not accepted.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 86 of 115
R9 - New Business and Commission Requests
R9 A Boards and Committees Appointments
(Office of the City Clerk)
ACTION: The following appointments, reappointments and changes were made:
AFFORDABLE HOUSING ADVISORY COMMITTEE
Beth Butle Removed due to absences
Francis Trullenque Removed due to absences
Mayella Mueller Removed due to absences
ART IN PUBLIC PLACES COMMITTEE
David Castillo, Competence in evaluation of art history, etc. category
TE: 12.31.18 TL: 12.31.22 Appointed by City Commission
Meghan Riley Conclude Letter
BOARD OF ADJUSTMENT
Noah R. Fox, Real Estate Developer, category
TE: 12.31.18 TL: 12.31.18 Reappointed by City Commission
CULTURAL ARTS COUNCIL
Israel Sands, At-large, category
TE: 12.31.19 TL: 12.31.20 Reappointed by City Commission
DESIGN REVIEW BOARD
Kathleen S. Phang, Architect registered in the US, urban planner, attorney, category
TE: 12.31.18 TL: 12.31.19 Reappointed by City Commission
Michael F. Steffens, Architect registered in FL, faculty of school of architecture, urban planner
TE: 12.31.18 TL: 12.31.20 Reappointed by City Commission
James L. Bodnar, At-Large, category
TE: 12.31.18 TL: 12.31.22 Appointed by City Commission
Carol Housen Conclude Letter
DISABILITY ACCESS COMMITTEE
Dr. Elsa Orlandini Resignation Letter
Lawrence Fuller Removed due to absences
Michael Berstein Removed due to absences
GREATER MIAMI CONVENTION & VISITORS BUREAU FINANCE COMMITTEE
John Woodruff Appointed by City Manager Morales
HEALTH ADVISORY COMMITTEE
Richard Awdeh Removed due to absences
HISPANIC AFFAIRS COMMITTEE
Ana Cecilia Velasco TE: 12.31.18 TL: 12.31.21 Reappointed by Commissioner Grieco
LGBTQ
Tony Lima Removed due to absences
MBERP PENSION BOARD OF TRUSTEE
John Woodruff Appointed by City Manager Morales
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 87 of 115
NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT
Brett A. Harris TE: 12.31.18 TL: 12.31.20
Carmen Browne TE: 12.31.18 TL: 12.31.22
John E. Bowes TE: 12.31.18 TL: 12.31.18
All members reappointed by the Normandy Shore Homeowners Association, approved by the City
Commission by Acclamation.
POLICE/CITIZENS RELATIONS COMMITTEE
Claire Warren TE: 12.31.18 TL: 12.31.21 Reappointed by Commissioner Grieco
Harold Foster Removed due to absences
LIAISON APPOINTMENTS
Finance and Citywide Projects Committee: John Woodruff
Health Facilities Authority Committee: John Woodruff
Miami Beach Commission for Women: Bonnie Stewart
Sister Cities Program: Gloria Campos
TE: Term Ending
TL: Term Limit
3:40:46 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 E. Granado read names into the record; motions on nominations were
made. The following members were appointed and/or reappointed by the City
Commission:
ART IN PUBLIC PLACES COMMITTEE
David Castillo, Competence in evaluation of art history, etc. category
Appointed by City Commission by Acclamation
BOARD OF ADJUSTMENT
Noah Fox, Real Estate Developer category
Reappointed by City Commission by Acclamation
CULTURAL ARTS COUNCIL
Israel Sands, At-Large Reappointed by City Commission by Acclamation
DESIGN REVIEW BOARD
Kathleen S. Phang, Category 4: Attorney in good standing licensed to practice law in U.S.
Reappointed by City Commission by Acclamation
F. Michael Stephens, Category 2: Architect registered in Florida
Reappointed by City Commission by Acclamation
James L. Bodnar, At-Large position
Appointed by City Commission - See action below.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 88 of 115
ACTION : City Clerk Rafael E. Granado stated that on the December 14, 2016 Commission
Meeting, the City Commission agreed to move all Design Review Board nominations to
February 8, 2017. City Clerk Granado read the names of the three candidates nominated
for the At-Large Position: James L. Bodnar, nominated by Commissioner Alemán and Vice-
Mayor Malakoff, Pierre Elmaleh, nominated by Commissioner Alemán, and Frank
Kruszewski, nominated by Commissioner Grieco. Mr. Granado announced that four votes
are required to be appointed. Mayor Levine and Commissioner Grieco voted for Frank
Kruszewski. Commissioner Rosen Gonzalez, Commissioner Steinberg, Commissioner
Arriola, and Commissioner Alemán voted for James L. Bodnar.
Commissioner Steinberg expressed her appreciation for Frank Kruszewski and stated that
she had already committed her vote to James L. Bodnar. Commissioner Arriola also
expressed his appreciation for Mr. Kruszewski stating that he is a person of high caliber
with great qualifications, and training. Commissioner Alemán commented that she made
two nominations, James L. Bodnar for his great qualifications, and Pierre Elmaleh and
added that Mr. Elmaleh is a General Contractor and the only candidate with an active
development in North Beach, and this would have brought a great insight to the board from
his unique perspective.
NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT
DISTRICT
John E. Bowes, nominated by the Normandy Shores Homeowners Association.
Reappointed by the City Commission by Acclamation.
Carmen M. Browne, nominated by the Normandy Shores Homeowners Association.
Reappointed by the City Commission by Acclamation.
Brett A. Harris, nominated by the Normandy Shores Homeowners Association.
Reappointed by the City Commission by Acclamation.
PLANNING BOARD
City Clerk Rafael E. Granado announced that there is one vacancy for category 1: Faculty
of School of Architecture. Mr. Nicholas R. Gelpi was the only nominated candidate running
unopposed. Vice-Mayor Malakoff recommended Mr. Gelpi and gave a brief background of
Mr. Gelpi’s skills, knowledge, and experience.
Mayor Levine agreed with the recommendation. Commissioner Steinberg agreed with the
recommendation and stated that John Stuart from the Historic Preservation Board also
recommended Mr. Gelpi whom she knows very well and agrees that it is a good
recommendation. Commissioner Alemán, Commissioner Grieco, and Commissioner Arriola
all agreed with the recommendation. Commissioner Rosen Gonzalez requested to defer
this appointment until she meets with him.
Discussion held.
Commissioner Arriola again reiterated that there are very few qualified individuals for the
Faculty position, and we may not come across another candidate with the qualification
caliber of Mr. Gelpi.
Motion made by Commissioner Rosen Gonzalez, seconded by Commissioner Malakoff to
defer the Planning Board appointment to March 1, 2017.
Voice vote: 7-0.
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 89 of 115
Handouts or Reference Materials:
1. At Large City Commission Nominations – Releases 1 & 2
2. Ballot votes-Design Review At Large Position
8:30:00 a.m.
R9 C DR. STANLEY SUTNICK CITIZEN'S FORUM. DR. STANLEY SUTNICK CITIZEN'S
FORUM.
Office of the City Clerk
ACTION: The following individuals spoke:
8:31:15 a.m.
1. Robert Lansburgh declared his candidacy for the November 7, 2017 Election. He
was born and raised in Miami Beach and is running to focus on cleanliness,
community involvement for capital projects, permitting times, reducing speed limits,
analysis of sea level, citizens’ right to vote and more.
8:34:05 a.m.
2. Daniel Ciraldo requested the following items be separated: C4 C, C4 D, C4 F to be
separated. Also R5 L he is concerned that there is no time certain and regarding
height; R5 N is not a public hearing; and he R5 F; R7 F.
8:36:59 a.m.
3. Michael Muskat is opposed to C4 H; they own Bikini Hostel Café on West Avenue
and 13 th Street for about five years. They are duly licensed as a hotel by the City and
it is a legal, conforming use, as it is in RM-2 zoning. He is concerned about C4 H
and requested that the City Commission take into consideration the following: 1)
Bikini Hostel is being singled out by the Ordinance proposed by this item, as they are
the main, if not the only hostel in the West Avenue front overlay; 2) the item is
spearheaded by neighborhood association WAVNA to ban hostels. 3) Hostels
provide alternatives to otherwise expensive hotels; 4) the original intent of the
overlay was to slowdown the demolition of low rise hotels to be replaced with high
risers; 5) if passed the Ordinance should not apply to them; as Bikini Hostel is
grandfathered in, as adopted in 2013-3820. 6) Occupancy is mandated by the State,
not the City. 8) Fair Housing Act of 1968 and Federal Housing Act of 1988 prohibits
discrimination on protective category; race, color, and religion. He requested not
moving forward the item, and not single out his business.
Vice-Mayor Malakoff requested a small recess.
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1:00 p.m.
R9 C DR. STANLEY SUTNICK CITIZEN'S FORUM.
ACTION: Discussion Held.
1:08:50 p.m.
1. Beryl Leifer stated that her building at 4925 Collins Ave. would have a beautiful
mixed-use path behind it. Ms. Leifer was informed that the path will be 25 feet wide, and
that it equivalent to two and half lanes of Collins Avenue. She was under the impression
that the Federal Guidelines for shared use paths require them to be 10 foot wide and
heavy volume paths are required to be between 12-14 feet wide, with 2 feet on each
side for a graded area. Therefore, the maximum size would be 18 feet. Ms. Leifer and
the other residents in her building are not sure what to do relating to this oversized path.
She believes the path is too large for a residential area.
Vice-Mayor Malakoff explained that the reason for the width is to make ample room for
bicycles riders, and to relieve conflict between riders and pedestrians.
Ms. Leifer stated that she understands, though she met with “people” that told her that
the City would not designate an area on the path for bicycles. She would like to see the
path given a designated bike lane.
Vice-Mayor Malakoff stated she believes there will be a designated lane for bicycles; the
lane for bikes should be painted green.
City Manager Morales stated the lines and symbols would be similar to the Hollywood,
Florida Beachwalk.
Ms. Leifer stated that would be great, although when she met with “the people” she was
told differently.
Discussion held regarding how California has designated lanes for runners, walkers, and
bicycles.
1:11:51 p.m.
3. Maria Bilbao of 1351 NE 191 Street, Miami, spoke about immigration and deportation
issues, and expressed that she is glad that the City Commission of the City of Miami
Beach is working on a Resolution that requests Miami-Dade County Mayor Carlos
Gimenez to reverse his decision on this matter. (See item R7 S.)
1:13:31 p.m.
3. Tomas Kennedy of 2398 Coral Way, Apt 3, Miami, commended the Commissioners
on the steps they are taking to make Miami Beach a more welcoming community for
immigrants, especially at this trying time for immigrants in the United States. He believes
it is the right step. Mr. Kennedy stated that Broward County passed a Resolution
yesterday, the City of Miami, Mayor Tomas P. Regalado, is in favor of similar steps, and
it is unfortunate that Miami-Dade County Mayor Carlos Gimenez, and the County
Commission, have not taken similar steps to support immigrants. He knows that there is
a special meeting of the County Commission on February 17, 2017, and he wishes the
County Commission would defend the immigrants in the County. Mr. Kennedy would like
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to see the Miami Beach Commissioners pass the proposed Resolution and continue
standing up for immigrants. (See item R7 S.)
4. Diana Alarcon of 83 rd 25 NE 2 nd Avenue, Miami, spoke with the aid of a translator. Ms.
Alarcon is here representing the immigrants she works for, to plead that the City elevate
and celebrate our diversity, and stand against discrimination in an atmosphere of hate
that is permeating our culture. The immigrant community contributes a great deal to this
City, and she wants them to be able to continue to do so working alongside Police and
government. (See item R7 S.)
Vice-Mayor Malakoff added that ours is a nation built on immigrants.
1:19:01 p.m.
5. Alexa Lubin of 1545 Drexel Ave, Miami Beach, stated she lived in Miami her entire life
and she is not a first generation immigrant. The two previous people who spoke, Tomas
(her boyfriend) and Diana (Tomas’ mother) were undocumented for ten years. She has
known them for a long time. They were undocumented for ten years, and throughout
that time, she saw their struggles. Eventually, they were able to own a home and a car,
Tomas went to a public school and paid for his education at the Florida International
University (FIU), and Tomas’ father opened his own business. Ms. Lubin thanked the
Commissioners for their support to protect immigrants, and she hopes to see the Mayor
of Miami-Dade County, Carlos Gimenez, protect immigrants as well. (See item R7 S.)
Vice-Mayor Malakoff added that the City of Miami Beach is not a sanctuary because
there are no jails or detention facilities in the City; nonetheless, it would be up to the
County.
1:23:14 p.m.
6. Ken Beresky stated he wished the Mayor had been present for his speech. Mr.
Beresky then stated he has lived in Miami Beach for ten years and he has spoken at
Commission Meetings before. He came prepared to show a short video but is frustrated
with the City new policy regarding a twenty-four notice needed to present material at a
Commission Meeting; therefore, he will email City Commission and
Communications@miamibeachfl.gov his video. The City has had a very long history with
him repressing concerns, and this is another step added; he is trying to clarify how badly
the situation is for cyclists and pedestrians on the streets; not only is he ignored, but he
is suppressed. He reached out to previous Commissions and the current
Commissioners and nothing ever changes. The video he will email the Commissioners
shows multiple accidents he was involved in while utilizing Miami Beach bike facilities
and the Police Department refuse to act. Mr. Beresky stated that in one of the cases
shown in the video, the driver almost flattened him, then got out of the car and physically
attacked him by picking him up by the throat and throwing him across the road. The
driver of that attack was a uniformed G4S Security Officer that is contracted by the City
of Miami Beach to keep peace, security, safety. The Police Department investigated this
case and sent him a certified mail that they had investigated all possible leads, but
would not accept the video that showed the attack. He spoke to the security company
and they formally reprimanded the driver for obscenity in public. Mr. Beresky is curious
as to how the Miami Beach Police could not figure out the person who attacked him was
G4S Security Officer, yet he was able to discover that. He believes there is a major
problem with cyclists being treated like dirt. The City had a bike plan years ago but did
nothing about it. The City then spent lobbyist dollars to go to Tallahassee to argue
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against bike lanes on Alton Road because they were in favor of the bike lane on West
Avenue, although the lanes were never constructed. Many projects have not come
through when it comes to bicycles.
Clerk’s Note : See LTC - 083-2017
1:26:25 p.m.
7. Mitch Novick, Ocean Drive Task Force member, stated the Commission has
continued to embrace the Spring Break type of mentality along Ocean Drive, which has
become a magnet for criminals. The City has spent months on its Ocean Drive
improvement plan, and yet he continues to witness many crimes occur on Ocean Drive.
Mr. Novick believes the majority of sophisticated Miami Beach residents and visitors no
longer visit Ocean Drive due to safety issues. Ocean Drive is an embarrassment to the
City. The unrestricted open entertainment noise, the exodus of businesses, the high
vacancy factor, and the sharp decline in resort tax revenue confirms Ocean Drive is
spiraling into blight. The City needs leaders who do not pander to the Ocean Drive
special interest. Mr. Novick stated that every Commissioner has taken money from the
greedy and special businesses on Ocean Drive. It is ironic that the City attempts to ban
loud music on the sand, yet many businesses play obnoxious and insulting music that is
loud enough to be heard on the shoreline. Under the foolish 10-Point Plan that was
primarily drafted by Mango’s and the Clevelander, everyone agreed to remove the
restrictions on the obnoxious noise. These businesses entirely ignore the Ocean Drive
closing time rollback ballot results, which City residents overwhelming supported. He
suspects the Commissioners will continue to ignore the residents until voters realize the
partying on Ocean Drive compromises the marketability and value of their homes. Mr.
Novick added that the Commissioners have failed the people in the Community and they
should be ashamed of their selves.
Mayor Levine suggested for Mr. Novick to run for Commissioner.
Mr. Novick responded that it is possible he will run for Mayor.
Mr. Novick stated that he would wait for Spring Break and predicted when another
horrific incident occurs on Ocean Drive, the Commission will realize the problems on
Ocean Drive. Mr. Novick believes that the City wasted two million dollars on the Police
Department; there have been no improvements on Ocean Drive that resulted from the
hiring of more Police Officers, as the problem is a zoning and noise issue.
Commissioner Steinberg added that she is listening and they will look at the noise issue
on Ocean Drive.
1:31:00 p.m.
8. Dr. Jack Leverbaum, of 5000 Collins Avenue, stated that the boardwalk is not the type
of atmosphere people want. He is concerned with bicycles, vendors, the homeless,
skateboarders, and people feeding cats at the boardwalk. He brought it to the attention
of E-Gov App, he spoke with Commissioner Malakoff, City Manager Jimmy Morales, and
sent a letter a week prior to Captain Pfrogner, and he has not received a response. His
question is how to move forward and correct those problems.
Commissioner Arriola stated that the number of bikers and skaters on the boardwalk
also frustrates him. There are signs clearly posted that state “no bicycles.”
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Commissioner Arriola contacted the City Manager and asked him to look into the issue.
Commissioner Arriola added that he did not see any Police Officers or Park Rangers on
the boardwalk during his two-hour run.
Dr. Leverbaum asked about the contract with private security. Dr. Leverbaum stated that
he is typically on the boardwalk every day from 8:00 to 10:30, as he stated in the letter
sent to Captain Pfrogner, and he has not seen once seen a Police Officer during those
periods.
Commissioner Alemán explained that there is an organized cat-feeding program in the
City of Miami Beach. If anyone knows about community cat feeders that are a nuisance,
then they should email sobecats@gmail.com to report any issues. Leaving cat food
behind is not proper protocol by the organized cat-feeding program; it is possible the
leftover cat food is from a person not associated with the program. The organized cat
feeding provides City benefits. In addition, if anyone has issues with homeless activity,
then they can report those issues by contacting the Homeless Outreach Program at
305.604.4663.
Dr. Leverbaum stated he submitted the issues through the E-Gov App and nothing
happened.
Commissioner Grieco explained the Park Ranger program and stated the issue with the
program deals with limited staffing; however, they will be expanding the Park Ranger
staff soon because they are currently in the hiring process. One of the future Park
Ranger assignments will be the boardwalk.
4:18:24 p.m.
R9 D DISCUSSION ON PROMOTING SUSTAINABLE PRACTICES THROUGH THE
REDUCTION OF PAPER USAGE IN MUNICIPAL OPERATIONS.
Commissioner Micky Steinberg
ACTION: Discussion held.
MOTION 1:
Commissioner Alemán made a motion to stop printing the Releases for item R9 B, and
instead provide the information via email. Approved by acclamation. Rafael E. Granado
to handle.
MOTION 2:
Commissioner Steinberg suggested referring this matter to the Sustainability and
Resiliency Committee, to come up with the best practices and bring back the
recommendation to the full Commission. Item referred by acclamation. Elizabeth
Wheaton to place on the Committee Agenda and to handle.
REFERRAL
Sustainability & Resiliency Committee
Commissioner Steinberg is stunned at the amount of paper generated for every
Commission meeting. She thinks that as a City we should do our best to become more
efficient and sustainable. She does not oppose paper and is not trying to impose a fully
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electronic agenda on everybody. She does ask that we are more conscientious, and
create some guidelines, such as where every copier in this building has a warning before
you make numerous copies, thus limiting the number of copies made; and everything
should to be double-sided.
Commissioner Alemán suggested that there is no reason to print the Releases for item
R9 B (Board and Committee Appointments – City Commission Appointments), since
each Commissioner will be looking at the resumes and interviewing the people in
advance.
Mayor Levine suggested putting fewer things on the agenda and issue each
Commissioner an iPad. Commissioner Alemán clarified that they all already have iPads.
Rafael E. Granado, City Clerk, stated that we have the capability right now to go
completely paperless. The City Manager and his Staff went paperless already. He
suggested the next group of elected officials, those newly elected in 2017, do not get an
Agenda book.
Commissioner Steinberg agrees that since we are creatures of habit, when the 2017
newly elected officials come in, we have an opportunity to start that paperless journey
thus transitioning the whole City to go paperless.
Rafael E. Granado, City Clerk, stated that we presently have the capability to give the
Commission access to a board view of the agenda, where they may view it and make
notations.
Commissioner Rosen Gonzalez stated that the reason why the paper agenda works for
her is that it does not have constant notifications. She can pull the agenda from her drop
box all the time but is constantly living in distraction because it is notification after
notification.
Commissioner Steinberg stated she wants to make sure we have recycling bins
everywhere. Elizabeth Wheaton, Director of the Environment & Sustainability
Department, stated that there are two things they are looking into right now: 1) Our
printing equipment contract and having the new contract include pop-up technology that
would reiterate to the user how many copies they are about to make and the cost the
City will incur. 2) Currently, IT is looking into making the copier default to be double-
sided, rather than single.
Commissioner Alemán made a motion to stop printing the Releases for item R9 B, and
instead provide the information via email. There was consensus for this. Item approved
by acclamation.
Rafael E. Granado, City Clerk, stated that when he gets the nominations for City
Commission appointments he would issue the Releases electronically. He can do the
first Release on Friday before the Commission meeting, to give Commissioners an
opportunity to turn in their nominations.
Commissioner Steinberg suggested referring this matter to the Sustainability and
Resiliency Committee, to come up with the best practices and bring back the
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recommendation to the full Commission. Item referred by acclamation. Elizabeth
Wheaton to place on the Committee Agenda and to handle.
4:23:45 p.m.
R9 E DISCUSSION REGARDING THE CITY OF MIAMI BEACH BRANDING.
Deferred from November 9, 2016 - R9 M Marketing and Communications
ACTION: Discussion held. Commissioner Steinberg moved to refer the municipal logo to
Neighborhood Community Affairs Committee (NCAC) to be vetted. The referral was
approved by acclamation. Morgan Goldberg to place on the Committee Agenda ;
Tonya Daniels to handle.
REFERRAL:
Neighborhood Community Affairs Committee (NCAC) Municipal logo
Tonya Daniels, Marketing and Communications Director, introduced the item. She stated
they received community input, they met with the Art in Public Places Committee, The
trade mark attorney, the Miami Beach Visitors and Convention Authority (MBVCA), and
they conducted a public survey on Facebook. All of the results came back that everyone
seems to believe that having one logo that covers both licensing and merchandise, as
well as City municipal needs, could be a challenging task. Ms. Daniels believes that
licensing and trade marking require a logo with sufficient details and the ability to be
trademarked, to ensure that it is not infringed upon. Some of the feedback they received
was that the image should contain Palm Trees, while others believe it should have a
lifeguard stand. Ms. Daniel stated they were surprised by the feedback they received on
Facebook. The first image on the list received 3,000 votes, another image received 184,
and one image received 244 votes, while 69 people said they did not like any of images.
She requested, based on the feedback and needs, to keep two logos and look at them
individually; she will move forward with creating a municipal logo and move forward with
the consultants and trademark attorney on licensing and merchandising.
Mayor Levine thanked Tonya Daniels for her work.
4:26:30 p.m.
R9 F DISCUSSION REGARDING ADDING BELLE ISLE TO ONE OF THE CURRENT
TROLLEY ROUTES.
Commissioner Kristen Rosen Gonzalez
ACTION: Discussion held.
DIRECTION:
Send letter to the City of Miami and the County Jose Gonzalez to handle.
Commissioner Rosen Gonzalez introduced the item and stated she could combine Item
R9 F and R9 H, and she does not want to refer the item to the Neighborhood Community
Affairs Committee (NCAC), because she wants the Commission to agree today if they
want to establish a Trolley Route going from Miami Beach to Wynwood and back. She
has received a great deal of feedback after she created a video on the Miami Beach
Trolley. Once she compiled all of the data, there were many requests to extend the
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Trolley to Wynwood, and possibly the Design District. Her question to the Commission
and Jose Gonzalez, Transportation Director, is how could they go about furthering the
route and how could it be funded.
Mayor Levine stated he was under the impression Miami Beach could not offer
transportation off the beach.
Commissioner Steinberg stated she is not sure if Miami-Dade County would allow it.
Jose Gonzalez, Transportation Director, explained that the South Beach Local stops at
Belle Isle frequently, approximately 25 passengers per day use that stop. They are
proposing as part of the South Beach Trolley, that is anticipated to roll out later this year,
they will be serving Belle Isle stop, even though it is part of the service already. He
asked Commissioner Rosen Gonzalez if she wants to make this service happen faster.
Commissioner Rosen Gonzalez stated that after she made the video, she had about a
1,000 responses. The first question was when will they get a trolley stop, and the second
question is can they take the trolley across the Venetian. As of now, she wants Mr.
Gonzalez to include it in one of the loops if he can, and keeps it going in the other
direction, or create a loop that will take people from West Ave, Sunset Harbor, and Belle
Isle, across the bridge and back.
Commissioner Grieco stated he met with people from Belle Isle, and concluded they will
be included in the future plans. When the South Beach Local contract expires, the City of
Miami Beach will have a much more robust service, and confirmed the Belle Isle stop for
the trolley take the trolleys in both directions. There will be a headway of 30 minutes to
be efficient, because they are expecting rider ship from 20-30 people a day from Belle
Isle, if it is consistent with what the South Beach Local is experiencing.
Jose Gonzalez stated they are looking at the frequency of service, because it may be
even better.
Commissioner Grieco agreed, and then stated they could adjust it as needed. He also
believes they are going above their pay grade by providing inter-City transportation. He
stated Miami Beach does more with transportation for the residents and tourists.
Commissioner Alemán agrees with Commissioner Grieco and stated if they had extra
dollars to spend on transportation, which she is not sure if they do, that there are areas
in Miami Beach that do not have any service. She believes it would be better to reach
out to different areas in Miami Beach, before taking a trolley to another City.
Commissioner Arriola does not agree with what the other Commissioners have said.
Commissioner Steinberg does not think the County would approve it, but loves the
concept, and perhaps they could look at other avenues.
Commissioner Rosen Gonzalez suggested asking the County to fund it, and asked why
they cannot ask them what they think. She wants to know why we would discard an idea.
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City Manager Jimmy Morales stated that during Art Basel the City utilized a shuttle or
trolley. He asked the Mayor if he is agreeable, he could speaks with the County and the
City of Miami and ask for funding.
Mayor Levine stated he has no issue, and there is nothing wrong with asking.
City Manager stated he would contact the County and the City of Miami for funding.
Commissioner Rosen Gonzalez stated that she is sure that the City of Miami will
cooperate, because they seem progressive on these initiatives. She stated she has been
working with Ken Russell’s office. She then asked if they could write a letter or have a
meeting.
Mayor Levine stated he is happy to write a letter or be involved; he then asked the City
Manager if they would do that.
City Manager stated yes they would do that. Jose Gonzalez to handle.
4:34:40 p.m.
R9 G DISCUSSION ON HOW THE CITY COULD CREATE A SAFE AND CONVENIENT
WAY FOR PEDESTRIANS TO WALK ALONG DADE BOULEVARD DURING THE
CONVENTION CENTER CONSTRUCTION.
Commissioner Kristen Rosen Gonzalez
ACTION: Discussion held. Maria Hernandez and Jose Gonzalez to monitor the
situation.
Maria Hernandez, Capital Projects Director, MBCC, introduced the item and stated she
is surprised Ray Breslin was not present, because it is actually his item.
Commissioner Rosen Gonzalez stated she understands this item, because she drops off
her child at the High School on Dade Blvd, and there are many kids walking in the
middle of the street.
PowerPoint slide presented .
Maria Hernandez stated they have taken over the little pathway that is south of the
canal, and it will be that way for a while. They have DMSI installing a large pump station,
and of course Clark Construction. Overtime there has been a great deal of back and
forth from some concerned residents, because Commissioners have been copied, but
cannot speak to it about with each other because of the Sunshine Law, therefore she
wants to discuss it now at the meeting. Their maintenance of traffic plan (MOT) is that
people cross Dave Boulevard, at a signal and use the sidewalk that is on the north side
of Dade Boulevard. The problem is that some people are just not doing that, and that
has increased concerns. While there are people doing the right thing to suggest the
safest route, she would like to know what they could do if people do not follow the
makeshift sidewalk. She has met with the Transportation Department, and they
suggested not providing a secondary sidewalk along Dade Boulevard; as a result, she
would like direction from the Commissioners.
Commissioner Arriola asked when they would finish construction.
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Maria Hernandez stated it would be in the middle of 2018.
Commissioner Arriola believes it is not feasible due to how long it takes the Commission
to find funding and make a decision to consider alternatives. By the time the alternative
is found, construction would be over.
Commissioner Alemán, referring to the PowerPoint presentation asked if the redline
along the side of Dade Boulevard has a sidewalk.
Ms. Hernandez replied “yes.”
Commissioner Alemán stated that students are walking to the High School from the west
or east, going to or from school, there is plenty of opportunity from them to cross a
legitimate crosswalk and walk on the sidewalk. If students are not using the sidewalk to
the north, then it is through intentional action on their part. The question is for others that
have no need to go on the northern side of Dade Boulevard, to walk east or west, and
she stated she is not sure how many people that is, if you take the students out of the
equation.
Maria Hernandez asked if she remembered that to the east of the first intersection, is
Washington Avenue, and there is a pathway that is next to the canal. The issue is that
the pathway connects to the pathway that is closed due to construction. What is
happening, are people take that route and do not cross the street when the pathway is
closed, and they stay on the south side of Dade Boulevard. She is not sure about the
amount of people that cross the street.
Commissioner Rosen Gonzalez stated she believes that people, including Mr. Breslin,
would not be as upset if this was not happening all of the time.
Ms. Hernandez stated that Mr. Breslin has been out there many more times than she
and her staff have.
Commissioner Rosen Gonzalez believes there should be a sign for students that say,
“You must cross the street,” or “Do not walk,” something to that affect.
Ms. Hernandez stated they have something similar to that, which says “Detour.”
Commissioner Alemán stated that the PTSA and the Committee for Quality Education in
Miami Beach has attempted on numerous occasions to spread the message to students
about crossing the street along the crosswalks.
Vice-Mayor Malakoff asked if they could get a traffic officer there in the morning
Commissioner Alemán recommended Jose Gonzalez to take his team out there to
conduct a study.
Commissioner Arriola added that the problem would disappear in one year when the
Convention Center reopens.
Commissioner Rosen Gonzalez asked if they could create a space through the
construction zone.
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Maria stated that is not possible, it is dangerous with the construction and equipment,
and there will be three contractors working in the construction zone.
Commissioner Arriola and Mayor Levine agree the problem will go away in a year and it
is best to wait.
R9 H DISCUSSION REGARDING MIAMI BEACH OFFERING A TROLLEY LOOP TO THE
WYNWOOD AND MIDTOWN NEIGHBORHOODS IN THE CITY OF MIAMI.
Commissioner Kristen Rosen Gonzalez
ACTION: See discussion with Item R9 F.
5:04:05 p.m.
R9 I DISCUSSION REGARDING HISTORIC PLAQUES FOR HISTORICALLY
DESIGNATED HOMES AND HOTELS.
Commissioner Kristen Rosen Gonzalez
ACTION: Discussion held. Approved by acclamation to refer the item to the Historic
Preservation Board. Deborah Tackett to place on the Historic Preservation Board
Agenda. Thomas Mooney to handle.
Commissioner Rosen Gonzalez suggested a referral to the Historic Preservation Board.
She explained that sometimes she shows houses in Miami Shores, and noticed that
historic properties have great bronze plaques installed, which creates a feeling of
importance. She believes the Historic Preservation Board should come up with a plaque
that fits all of the neighborhoods in Miami Beach.
Mayor Levine supports the idea.
City Manager Jimmy Morales stated that Coral Gables has one and the owners pay for
the plaque as well as the installation.
Commissioner Alemán added that the Historic Preservation Board could come up with
the design and the property owner could pay for the plaque itself.
Commissioner Rosen Gonzalez would love to offer a variety of plaques, and she
believes each plaque should be different, based on the significance of the property.
Commissioner Alemán stated that in Atlanta, GA, certain districts have plaques based
on their identity. She also stated if the City was going to pay for it, she would like to refer
it to Finance & Citywide Projects Committee, and if the owners pay for it, then there is no
need to send it to the Finance & Citywide Projects Committee.
Nancy Liebman stated that the National Register for Historic Places has plaques that
they can give people. All of the historic buildings in the City could utilize one of their
plaques; there is no need to create a new design. She believes the best place to start is
with the National Register for Historic Places. All properties registered as a Historic
Place in Miami Beach could obtain one.
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Mayor Levine asked Ms. Liebman if the National Register for Historic Places gives
people the plaques free of charge or do they have to purchase them.
Nancy Liebman stated she is not sure.
Mayor Levine suggested looking into plaques from the National Register for Historic
Places.
Commissioner Rosen Gonzalez believes the City should pay a small fee, if it is too
expensive, and they should start with Alan Lieberman. Once they start placing the
plaques, more and more people will want them.
Mayor Levine believes people will pay for them because it looks nice and it adds value to
the property.
Approved by acclamation to refer the item to the Historic Preservation Board.
4:50:50 p.m.
SUPPLEMENTAL MATERIAL 1: MAP
R9 J DISCUSSION ON POTENTIAL OPTIONS FOR THE RE-ENGAGEMENT OF DOVER-
KOHL IN THE REVIEW OF CONSERVATION DISTRICTS FOR NORTH BEACH.
Planning/Office of the City Manager
ACTION: Discussion held. Motion made by Commissioner Arriola to engage Dover Kohl
with Option 2; seconded by Vice-Mayor Malakoff. Voice vote: 7-0. Thomas Mooney and
Jeff Oris to handle.
Thomas Mooney, Planning Department Director, introduced the item, which is an update
on the Conservation Districts. He stated the Commission at the December 9, 2016
Special Meeting directed the Administration to begin drafting Conservation Districts.
They brought forward the first draft of the Conservation Districts to the Land Use and
Development Committee in January, and it was continued to the February meeting. In
addition, at the December 9 meeting, the City Commission asked the Administration to
reach out to Dover Kohl to gauge their interest in participating in the process. He stated
the City and Jason King from Dover Kohl had a good meeting. They asked Mr. King to
put together a proposal so they could present it to the City Commission. Attached to the
Commission Memorandum are a couple of tiers that the consultant developed. After
reviewing them, the Administration believes it is the desire of the Commission to
reengage Dover Kohl, and Tier 2 would be the best option.
Commissioner Arriola stated he is open to discuss it. He believes he is one of the lead
people to engage with Dover Kohl as an outside consultant. He stated Tom Mooney and
his team have done great work with this, though he believes there is desire to have
Dover Kohl in North Beach, and have them available. He made a motion to engage
Dover Kohl. He also approves of Option 2, which is a decent enough budget that will get
the Administration a substantial amount of guidance without overdoing it on the expense
side.
Motion made by Commissioner Arriola to engage Dover Kohl with Option 2; seconded by
Vice-Mayor Malakoff. Voice vote: 7-0.
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Commissioner Alemán suggested Dover Kohl to direct staff to begin the Master Plan
recommendation for Town Center.
Mr. Mooney responded that Commissioner Alemán’s request is an item on next week’s
Land Use and Development Committee Agenda.
4:53:30 p.m.
R9 K DISCUSSION REGARDING A PROPOSED CROSSWALK AT THE ALTON ROAD AND
9TH STREET INTERSECTION.
Transportation
Commissioner Michael Grieco
ACTION: Discussion held. Approved by acclamation to have Commissioner Grieco work
with FDOT, as well as any other party, including Senator Daphne Campbell, to obtain a
crosswalk at 9 th Street and Alton Road. Jose Gonzalez to provide assistance.
Commissioner Grieco asked if FDOT conducted the study or if Miami Beach did. He then
stated if anyone is familiar with 9 th Street and Alton Road, when FDOT redesigned Alton
Road, it was a major fail, it was such a fail that there is no crosswalk at 9 th Street, which
means all of the people who live west of Alton Road, West Avenue, and all of that area
are crossing a dangerous road where there is no crosswalk; it is the location of major
businesses in the area, and it is main line for the hundreds if not thousands of people
that cross Alton Road. FDOT conducted a feasibility study to determine whether a
crosswalk is warranted, and one would think that if there is no crosswalk, people would
not cross, yet many people still cross at 9 th Street. There were so many people still
crossing the Alton Road and 9 th Street that FDOT came back and agreed that there
needs to be a crosswalk, which is very rare of them to do. The problem is that there are
two ways to put a crosswalk in; one-way which is FDOT’s way, which eliminates the
ability to make a southbound left-hand turn onto 9 th Street, which can be done; or
second, is to still have the left-hand turn lane, except that FDOT will not pay for it, and it
cost approximately $500,000 dollars.
Commissioner Steinberg does not understand why FDOT will not pay for something for
the work they originally planned inefficiently.
Jose Gonzalez, Transportation Director, explained FDOT’s concern with the alternative
Miami Beach developed, which is the one that truncates the left turn back to where the
driveway is located. There is concern that it would encourage people who want to go on
9th Street to cut through the strip mall and access 9 th Street that way, and that is an issue
and they will not pay/fund that option. FDOT will only fund the option that they came up
with, which eliminates the left turn lane; therefore, left turns would have to be made at 8 th
or 10 th Street.
Commissioner Grieco suggested meeting with FDOT to negotiate a deal; the City should
not have to spend half a million dollars on one crosswalk on a State Road, but he needs
support from the City Commission that everyone is on board.
Mayor Levine asked Commissioner Grieco if he wants to go to FDOT.
Commissioner Grieco replied yes, with the other Commissioner’s support.
After Action February 8, 2017 Commission Meeting City of Miami Beach
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Commissioner Rosen Gonzalez stated that she is a local representative for Senator
Daphne Campbell and one of her priorities is that 41 st Street gets its own exit on the
expressway, and possibly, they could reach out to her politically to obtain her assistance
for a crosswalk on Alton Road and 9 th Street. Senator Daphne Campbell wanted to know
the wish list of things the Commission would like to move forward. She then asked Jose
Gonzalez if he was in touch with Hudson at Senator Daphne Campbell’s office. Mr.
Gonzalez replied in the affirmative.
Commissioner Rosen Gonzalez suggested calling Hudson to schedule a meeting with
Hudson and Commissioner Grieco. She believes Senator Daphne Campbell could help
Commissioner Grieco, so he does not have to struggle.
Commissioner Grieco wants to know if he has the support of the City Commission and
he is not going alone, he is agreeable with using the help of other people.
Commissioner Rosen Gonzalez proposed sending a letter to Senator Daphne
Campbell’s office signed by all the City Commission.
Mayor Levine asked Jose Gonzalez where the closest crosswalks are.
Jose Gonzalez stated there the closet crosswalk is at 8 th and 10 th Street.
Commissioner Alemán visited the site with Jose Gonzalez and agrees that there needs
to be a crosswalk, it is completely unsafe. She stated that Jose Gonzalez informed her
that FDOT could not study implementing putting in a signal because they put a
landscape median in, and now they cannot take out the median because there is a
moratorium on the road. They know they need crosswalk, probably a signal, but they will
not take an action even though it is clearly a safety issue.
Mayor Levine asked if it would affect the traffic flow.
Jose Gonzalez stated that this is a corridor with traffic signalization progression and
many synchronized green lights.
Approved by acclamation to have Commissioner Grieco work with FDOT, as well as with
any other party necessary, including Senator Daphne Campbell, to obtain a crosswalk at
9th Street and Alton Road.
After Action February 8, 2017 Commission Meeting City of Miami Beach
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5:01:20 p.m.
R9 L DISCUSSION REGARDING THE STATUS OF THE BEACHW ALK FROM 3RD TO 5TH
ST.
Commissioner Ricky Arriola
ACTION: Discussion held.
DIRECTION:
In order to expedite the process, discuss with FDOT the possibility of entering into an
agreement that will allow the City to start the bidding process and work prior to FDOT
issuing the City the grant money. Eric Carpenter and David Martinez to handle.
Commissioner Arriola stated that any runner knows how frustrating it is not to have the
Beachwalk connected from the area of 3 rd to 5 th and asked for an update.
David Martinez, CIP Director, stated that they have the plans and permits; however, they
are waiting for an $850,000 grant from the State that comes in July 2017.
Mayor Levine asked if they are getting it guaranteed and if they can front the cost now to
begin construction and Mr. Martinez replied that the money is guaranteed.
Mayor Levine asked if they could use a Letter of Credit. Mr. Martinez explained that they
require a LAP (Local Agency Program) Agreement to be put in place and added that the
City has the money.
Discussion held.
David Martinez, CIP Director, stated that the State will not allow them to bid he project
out until the grant is received.
Commissioner Steinberg asked if the grant would be delayed if the City bids out the
project.
City Manager Morales explained that normally FDOT would not allow the City to bid the
project out until their money is allocated. He then confirmed that if the Commissioner’s
direction is to enter into an agreement with FDOT, that will allow the City to start, and
then FDOT would reimburse the money later. He stated it would speed up the process,
not delay it.
Mr. Martinez added that they could bid it out if FDOT agrees to a LAP Agreement.
Mr. Carpenter stated that he would like to clarify if it is a grant or a project, because if it
is a project the City can do a future funding agreement, where the City fronts the money
and then it comes up in FDOT’s work plan. They do not typically issue grant dollars until
the money comes due, which is July 1.
City Manager Morales stated they would have conversations with FDOT.
Mayor Levine stated that is agreeable to have conversations, just do not jeopardize
anything.
After Action February 8, 2017 Commission Meeting City of Miami Beach
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4:12:50 p.m.
R9 M DISCUSSION REGARDING ESTABLISHING A ONE YEAR GRACE PERIOD AND
PROCEDURE TO BRING STRUCTURES BUILT OR REMODELED WITHOUT
PROPER PERMITS OR BUILT LACKING MANDATORY INSPECTIONS INTO
COMPLIANCE WITH THE BUILDING CODE.
Commissioner Micky Steinberg
ACTION: Discussion held. First Reading of proposed Amnesty Ordinance to be
presented at the March 1, 2017 Commission Meeting. Mariano Fernandez and Eve
Boutsis to handle.
Commissioner Steinberg requested an Ordinance that would give a one-year grace
period to anyone who has a single family home, multifamily residence, or a commercial
residence, to make sure they comply with permitting and give them a one year grace
period without further penalties. That way, people would be encouraged to go through
the permitting process. She mentioned the County has an amnesty program, and she
would like to do it more Miami Beach style and grant people a grace period.
Mariano Fernandez, Building Director, stated the County implemented this Ordinance
after 2012. Mr. Fernandez believes the County Ordinance lacks friendship or the ability
to win the people upfront. Mr. Fernandez stated many residents purchased properties
and did not know the previous owners had remodeled the property; when the new
current owner(s) do something, they are penalized because they have to fix everything
that was done before them. He would like to offer a window of opportunity of one-year if
the person comes to building department, that way the staff can review the previous
records and work out a way to give the owners a grace period.
Jimmy L. Morales, City Manager, stated that this is for building code permits; it does not
pertain to zoning violations.
Mariano Fernandez stated this is not for people who already have violations.
Commissioner Alemán added that this has to do with things that were done that are
permitable; if something is not currently permitable, then the person would need to go to
variance or remove it.
Commissioner Alemán asked if someone requests a permit or variance and are denied,
yet they did the construction, would the City give them a grace period.
Discussion held.
Mariano Fernandez stated it is only for issues that are permitted, not for issues that were
denied.
Commissioner Steinberg stated that Eve Boutsis and she would work on the language of
the Ordinance and there will be a first reading next month, she just wants to make sure
that her colleagues concur with the concept.
Commissioner Alemán applauded Commissioner Steinberg for bringing this to their
attention.
After Action February 8, 2017 Commission Meeting City of Miami Beach
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Commissioner Steinberg reassured her colleagues that this is only for building permits
and to allow persons to come in themselves and ask for the grace period. Commissioner
Steinberg will bring the proposed Ordinance to the March 1, 2017 Commission meeting
for the first reading.
11:35:30 a.m.
R9 N DISCUSSION ITEM REQUESTING AN UPDATE FROM THE POLICE DEPARTMENT
AND OFFICE OF COMMUNITY SERVICES REGARDING THE CHANGE IN HOURS
OF LIQUOR SALES FROM 8:00 A.M. TO 10:00 A.M.
Vice-Mayor Joy Malakoff
ACTION: Discussion held. Police Chief Oates and Maria Ruiz to handle.
Vice-Mayor Malakoff stated that at the request of the Committee on the Homeless, the
City Commission passed an Ordinance now allowing the selling of alcohol before 10:00
a.m. She heard from Publix and Total Wine that it has affected their sales drastically,
those businesses said that homeless people do not purchase alcohol from their stores,
that they go to other small package stores. She asked Maria Ruiz and the Miami Beach
Police Department to see if there has been improvement as far as services to the
homeless during that two-hour period, and she suggested changing the beginning of
alcohol sales to 9:00 a.m. rather than 10:00 a.m. if there has been no change, since
school starts at 8:30 a.m.
Maria Ruiz, Housing and Community Services Director, explained that since the
Ordinance passed they added an element to their outreach to track the people that were
inebriated from the hours of 8:00 a.m. to 10:00 a.m. They also expanded the information
gathered to include whether the homeless individual had an alcoholic beverage within 24
hours. Since the Ordinance passed, they had 131 encounters within the 8:00 a.m. to
10:00 a.m. timeframe, 44 of those encounters were people who had an alcoholic
beverage in 24 hours, only 8 of those were inebriated at the time of encounter. There
has been zero change to the people accepting services between the 8:00 a.m. - 10:00
a.m. hours.
Commissioner Grieco stated he does not understand.
Captain Robinson from the Entertainment District added that he and other officers see
that when they approached people between 8:00 a.m. and 9:00 a.m. they do not find
inebriated homeless individuals, and they are not as inebriated as they are later on in the
daytime. Therefore, he recommends leaving the time at 10:00 a.m.
Commissioner Grieco asked if prior to enacting the pilot program were the experiences
with the homeless different.
Captain Robinson stated yes, things were different. For example, Tito’s Liquor store
would have a line of people standing out front, waiting for 8:00 a.m. to open, and
standing there to purchase their packages.
Discussion held.
After Action February 8, 2017 Commission Meeting City of Miami Beach
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Commissioner Grieco stated that people were standing in line to purchase liquor just two
blocks away from an educational school. He stated he has seen people at the Publix on
5th Street and Alton purchase single bottles of beer for consumption just to go out onto
the street to drink and it is a never-ending cycle. He suggested continuing with the pilot
based on what he hears from Law Enforcement, what he hears from people in the
streets, and what he personally witnesses.
Commissioner Rosen Gonzalez asked if the biggest problems were within the
Entertainment District.
Captain Robinson responded that the Entertainment/MXE District is where he is
responsible, so his data pertains to that District.
Commissioner Rosen Gonzalez advocated for carving out the MXE District and asked if
the regulations could apply only to that District, and the rest of Miami Beach could
continue to sell alcohol at an earlier time. She explained how parents prefer to shop
early in the morning after they drop their kids off at home. She is not advocating for the
loss of sales at the business, she is advocating for the inconvenience it has on people.
Commissioner Grieco is concerned there will be a balloon-effect. Most of the
Commissioners want to see this Ordinance remain as well as the Committee on the
Homeless. He would like to see the commitment the majority of the Commissioners
made and see the pilot program go through as is, and later come back with more
evidence whether or not it is good policy.
Mayor Levine is in agreement with Commissioner Grieco.
Commissioner Rosen Gonzalez stated that Miami Beach is a beach town, people go
fishing, there are Marinas, people buy large amounts of beer, and there has to be a way
to tailor the Ordinance so that it only effects those shops were people are buying single
cans of beer in the Entertainment District.
Mayor Levine stated that they could not do that.
Commissioner Rosen Gonzalez believes they are restricting people’s civil liberties.
Discussion held regarding medical marijuana.
Commissioner Steinberg asked Maria Ruiz when the six-month pilot test is over. Ms.
Ruiz stated in May 2017. She understands the main issues are the single distributed
alcoholic beverages, such as single cans, bottles, etc. She asked if there is a way to
regulate those.
Raul J. Aguila, City Attorney, stated we could not the sale of single cans as it is
preempted by State law.
Commissioner Steinberg mentioned we should wait until after the six-month pilot is over,
and then revisit the regulations.
Commissioner Arriola agreed with Commissioner Rosen Gonzalez and Vice-Mayor
Malakoff that they should rollback the hours of alcohol sales. He added that there are
After Action February 8, 2017 Commission Meeting City of Miami Beach
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less homeless people according to the latest census. There are roughly 200 homeless
people and 90,000 residents, and the residents have rights too. He is seeing more and
more resident’s rights and quality of life affected because of the homeless situation. He
sees it along the Beachwalk, where they are removing showers and water fountains, and
he is not sure why that is. As a runner, he cannot find a shower or a water fountain on
the Beachwalk to cool off. He believes the Commission is overreaching to address the
homeless problem; therefore, he is open to rolling back the hours to what they once
were.
Commissioner Alemán added that they are depriving residents of their rights and they
are not curing anyone’s alcoholism with this Ordinance. She was originally against
Ordinance in the first place. She asked if it is legal to have merely the restrictions in the
MXE District nearby schools.
Eve Boutsis, Chief Deputy City Attorney, believes regulations could be made pertaining
to specific zoning districts, though you cannot limit it to one grocery store or another.
Vice-Mayor Malakoff asked if they could legislate that the MXE District not be able to sell
alcohol until 10:00 a.m.
Commissioner Grieco explained that in order to amend the Ordinance it would need to
go through an entire process. He mentioned there are issues in North Beach; the issue
is not in one district - it is Citywide. As of now, it is a two-month time difference and only
a six-month pilot test. It will take several readings and months to change the Ordinance.
Eve Boutsis stated that it is a LDR amendment.
Commissioner Grieco believes they are discussing the same issue as they were several
months ago.
Discussion held.
Vice-Mayor Malakoff made motion to change the time alcohol can be purchased at 9:00
a.m. once the pilot program is over.
Commissioner Grieco added that the motion has no legal affect; there is an Ordinance in
place. They cannot move from dais spontaneously.
Eve Boutsis, Chief Deputy City Attorney, explained that nothing changes today; it is only
a discussion item.
Commissioner Rosen Gonzalez asked if they could refer it to a Committee or if they can
repeal the six-month program.
No further discussion.
After Action February 8, 2017 Commission Meeting City of Miami Beach
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4:44:04 p.m.
R9 O DISCUSSION ITEM TO RECONSIDER THE CITY'S USE OF BONDED AGGREGATE
FOR TREE PITS.
Commissioner John Elizabeth Alemán
ACTION: Discussion held. Motion made by Commissioner Rosen Gonzalez to refer the
item to the Neighborhood/Community Affairs Committee; seconded by Commissioner
Arriola; Voice vote: 7-0. Morgan Goldberg to place on the Committee Agenda. Eric
Carpenter to handle.
REFERRAL:
Neighborhood/Community Affairs Committee
Commissioner Alemán explained that they just received a handout with different options;
her understanding is that the City used to use the Page 2 version, which is an iron tree
grate. She understands why they moved to the bonded aggregate, because the metal
grate could damage the tree as it grows. However, the City moved to a bonded
aggregate because it is not supposed to damage the trees or break, yet she receives
photos from residents where the surface was damaged/broken. She asked if it is
possible to go back to the metal tree gate in certain areas, with certain size holes. She is
not sure about the financial cost; she just brought it up for discussion.
Commissioner Steinberg suggested customizing the metal tree grates where you can
remove the rings in layers as the tree grows.
Discussion held.
Commissioner Rosen Gonzalez suggested referring this item to the
Neighborhood/Community Affairs Committee or the Sustainability and Resiliency
Committee.
Commissioner Alemán is in agreement if the Commission refers the issue to
Neighborhood/Community Affairs Committee.
Commissioner Rosen Gonzalez made a motion to move to refer to the
Neighborhood/Community Affairs Committee; seconded by Commissioner Arriola.
Commissioner Alemán stated it does not have to be Citywide, but on the key streets.
Handouts and Reference Materials:
1. Tree Pit Treatments in the City of Miami Beach
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 109 of 115
3:52:57 p.m.
ADDENDUM MATERIAL 1
R9 Q DISCUSSION REGARDING RETAINING OUTSIDE LEGAL COUNSEL TO
LEAD/ASSIST THE DEFENSE OF BAKEHOUSE SB, LLC D/B/A BAKEHOUSE VS.
CITY OF MIAMI BEACH, 2017-000067-CC-24.
Commissioner Michael Grieco
ACTION: Discussion held. Motion made by Commissioner Grieco to use outside counsel
as necessary; seconded by Commissioner Arriola; Voice-vote: 7-0. Office of the City
Attorney to handle.
Commissioner Grieco requested outside counsel to assist in the defense of the
Bakehouse litigation but not to replace the City Attorney’s staff. This is a First
Amendment Federal case and he believes assistance would be helpful, because the City
Attorney’s staff is busy with other cases. He asked for approval of his colleagues in
supporting this.
Commissioner Alemán is in favor of discussing strategies with outside counsel for
assistance.
Vice-Mayor Malakoff added that this is the City Attorney’s call if they need assistance
and want to utilize outside council
Commissioner Arriola would like the City Attorney to make the decision, yet he would
like some type of budget cap.
Mayor Levine stated for the City Attorney to use an outside counsel when the City
Attorney believes it is necessary.
City Attorney Raul J. Aguila stated that Commissioner Grieco has been very gracious
and consulted him before the Commission Meeting. The Office of the City Attorney
strives to do things in house; in this case, with a First Amendment issue, his Office would
do the bulk of the work to minimize cost. They are currently using Carlton Fields on the
anti-solicitation case. If it is the pleasure of the Commission, he can come up with a cap,
and transmit the information to the Commission via LTC. It is City Attorney Aguila’s
intention to pursue the case in-house, consult with Carlton Fields, and avail them of his
expertise.
Frank Del Vecchio applauded the Commission for their actions to protect the
neighborhoods and their efforts with Master Plans. He believes the City Attorney knows
how to use outside council, and authorizing him to do this signals to the neighborhood
that the Commission now understands the importance to retain power.
Commissioner Grieco stated that the records supporting not just the retaining of outside
council, but the record supporting the Ordinance they are defending is really based upon
the quality of life. However, although this applies to South of Fifth, they deem it as an
attack on their ability to lay down Planning and Zoning rules throughout the City. The
need to make the record clear, it is about the quality of life, not the noise coming from a
restaurant or a bar in the area, it is about what entertainment is inside, whether it be a
band or a D.J., what that leads to outside the establishment after they close. The
residents asked for this before any of the current Commissioners were elected. It is
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important for the purpose of the litigation that they establish that record. He believes it is
important to make it clear and wants to make sure it is part of their defense.
Commissioner Grieco moved the item.
Commissioner Arriola seconded the motion.
Handouts or Reference Materials:
1. Email from Bruce Backman bruce.backman@yahoo.com dated February 7, 2017 RE:
Agenda R9Q Defending the City’s right to enact Zoning regarding entertainment and the
Bakehouse lawsuit.
2. Email from FRANK KURSZEWSKI fksobe@icloud.com dated February 7, 2017 RE: Land
Use Regulation Authority.
3. Email from FRANK KURSZEWSKI fksobe@icloud.com dated February 7, 2017 RE:
Extortion? Please
ADDENDUM MATERIAL 2
R9 R DISCUSS WAIVING THE PERMIT FEES FOR THE GROUNDUP MUSIC FESTIVAL, IN
THE AMOUNT OF $13,480.
Commissioner Ricky Arriola
ACTION: Item moved to Consent item C7 W.
12:00:10 p.m.
ADDENDUM MATERIAL 2
R9 S REQUEST FOR A REPORT ON THE COST OF DEFENDING THE MINIMUM WAGE
LAWSUIT AGAINST THE STATE OF FLORIDA AND THE FLORIDA RETAIL
ASSOCIATION.
Commissioner Kristen Rosen Gonzalez
ACTION: Discussion held. Office of the City Attorney to handle.
Commissioner Rosen Gonzalez stated that this has nothing to do whether she supports
minimum wage; however, she was disturbed with a press release that Mayor Levine
released after the State of Florida joined the lawsuit against the Miami Beach for
changing the minimum wage. Currently, the Florida Retail Association, several entities,
and the State Florida are suing Miami Beach. She would like to know the overall cost
associated with the lawsuit, she also feels like the overall process is wrong.
Commissioner Arriola stated that he remembers the previous meetings and the
Commission was expecting litigation and the issue was fully vetted on the dais.
City Attorney Raul J. Aguila added that the Ordinance was unanimously adopted by the
City Commission and because the City took the position that it did, they were expecting
to be challenged, not only by the Florida Retail Association, but also by other entities. He
is not surprised the State of Florida joined in the lawsuit. This case is being handled in-
house and they will not utilize outside council. As of February 8, 2017, the total amount
spent on lawsuit was $5,643.55, and the majority of the costs are related to copying
fees. The City has been efficient with their costs. He has no doubt his staff, especially
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Robert Rosenwald, can continue to handle the case in-house with a minimum expense
to the City.
Commissioner Rosen Gonzalez suggested outside counsel being involved if the City
wants to win the lawsuit, and there will be a cost associated that. She told City Attorney
Raul J. Aguila if he wants to take the lawsuit serious then to seek outside council. She
does not think it bodes well for the City of Miami Beach that the State of Florida is
involved, and we are now an enemy of the State. She is happy the City has not spent
much money on the lawsuit, although if the City wants to take this matter seriously then
they should act like it.
City Attorney Raul J. Aguila stated they are taking the case seriously.
Mayor Levine believes the City Attorney and City Administration are taking the lawsuit
seriously. As far as hiring outside council, he has faith in the entire Office of the City
Attorney. He believes they understand the issue well, they have done a great job to date,
and he believes that in the future they will do a great a job while being mindful of costs.
As far as what he says publicly and what he does, he will continue to do what he likes to
do, and what he believes the Commission likes to do. He will never route a press release
for Commissioner Rosen Gonzalez’s approval. He believes in a living minimum wage
and he believes Commissioner Rosen Gonzalez does not.
Commissioner Rosen Gonzalez stated the Mayor never asked for an opinion from the
Attorney General. She says the City has questioned science, the Miami Herald, and the
City is now in a fight over a lawsuit South of Fifth, she apologized to Raul J. Aguila for if
her statement implied that she had no confidence in his Office. She is for a minimum
living wage, as well as transparency, and being trustworthy.
Mayor Levine stated if the City would like to hire outside council, then he is ok for it.
Commissioner Rosen Gonzalez asked if he is truly for a living minimum wage or is
everything part of his campaign.
Commissioner Alemán has confidence in the Office of the City Attorney and would like to
reject the thought that the only way the City can win a case is if they hire outside council.
Part of the discussion was to keep everything in house when they first discussed the
Ordinance.
Vice-Mayor Malakoff also has faith in the Office of the City Attorney, although she
believes when the City Attorney seeks outside counsel, then that is the time to confirm
that. It is up to the City Attorney to make that decision.
Mayor Levine asked the City Attorney if he believes the City needs outside council
City Attorney Raul J. Aguila does not believe it is required. He added that one of the
things that his Office is conscious of is retaining outside council for cases that are high
profile. It is never bad to have extra support, although one of his mandates over the last
three years is to minimize the need to utilize outside council and develop a staff that is
able to handle innovative matters that the City Commission wants them to do. He
believes he has the best staff of Attorneys with equal knowledge to those in big firms. He
knew there would be pushback from the State and they are not taking it lightly. The City
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does not always agree with the County and State; it is the Commission’s rights as a
body to enact legislation, although it may be challenged, they should be open to the
challenge the issue is for a better cause. The reason the City made the minimum wage
salary take effect in 2018 was in the event of a challenge, to minimize any damages the
City may occur.
Discussion held.
Commissioner Arriola voted on this many months ago, partly because he knew the City
would be sued, and they would handle the lawsuit in house and it is not a surprise. The
Office of the City Attorney uses outside counsel when the workload is overwhelming or if
the case requires a special expertise.
City Attorney Aguila added that he uses outside counsel when they do not have that
area of expertise in house, for example a Bond Lawyer. It is always a good idea to use
the outside council when the City requires a specialty. When it is a Constitutional issue,
Robert Rosenwald is one of the most qualified Constitutional lawyers in Miami-Dade
County, and he feels confident with his strategy and it gave the City an opening.
Commissioner Alemán stated that she is not offended that Commissioner Rosen
Gonzalez put the item on the agenda. She personally found the discussion interesting.
She would like to see the City proceed without outside council.
City Attorney Raul J. Aguila stated he is not offended that Commissioner Rosen
Gonzalez asked about the cost and questions the cost when the City hires anyone for an
expertise.
Commissioner Rosen Gonzalez stated that she wanted to know how much the City had
paid on legal fees up until now. When the Mayor issued a press release saying, “we will
see you in court Governor Scott” that bothered her, because she believes the Mayor
may be running for State Governor. What she did not want to do is exploit the City’s
minimum wage lawsuit for the Mayor’s benefit and his possible campaign.
Mayor Levine stated that the cost of living in the City is high, because what it cost
workers to live here and what it cost workers to get here. The dais is talking about
workforce housing and transportation. He believes they should shift the burden of the
cost to the employers, so that they pay the cost for the employees to be here; so the
dais and a taxpayer body do not have to pay that cost, which is why the dais passed the
Ordinance, and it is what he believes.
3:30:28 p.m.
ADDENDUM MATERIAL 3
R9 T DISCUSSION ON FILM INDUSTRY INCENTIVES.
Mayor Philip Levine
ACTION: Discussion held. Create a local incentive plan to attract the film industry, and
bring back plan to the City Commission. Eva Silverstein and Graham Winick to
handle.
After Action February 8, 2017 Commission Meeting City of Miami Beach
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DIRECTION:
Bring item to League of Cities in all Counties – Commissioner Micky Steinberg to
handle; Graham Winick to assist as necessary.
Mayor Levine stated the film industry is important, he read that the industry was being
killed in Florida and in Miami. He would like to know if there is a way to come up with a
local incentive to show Miami Beach supports the film industry.
Discussion held.
Eva Silverstein, TCED Director, introduced Graham W inick by stating he has been
working with the film industry for a decade and has been involved in advocating for
enhancements.
Graham Winick, Film and Event Production Manager, stated that they have had
roadblocks at the State level for the past four years. The incentive program that they
pushed for and hoped to pass brought forward almost a billion and half dollars in new
investment in the State of Florida, and unfortunately, it has not been renewed in the last
four years and it does not look promising for this coming legislative session. They have
heard of three productions that were filmed here in Miami Beach that were troubled
because there were no incentives. His Office is looking at what they can do in Miami
Beach, what the County does, and they evaluated several other programs around the
State. It is challenging on a local level to match what a State can do, though it is
something they can put forward as a starting effort, and possibly get money back from
the State.
Commissioner Steinberg suggested this be a legislative priority because it is great
revenue enhancer and a great part of what makes Florida so wonderful. The promotion
that it brings Florida is great, and she believes the State should change their focus.
Graham Winick has attempted to educate the State of Florida with data and testimonials,
though it has done no good.
Discussion held.
Aleksandar Stojanovic, member of the City’s Production Industry Council, stated they
went to the meetings and tried to convince the State, unfortunately, Tallahassee is not
reacting to what they do, and the Production Industry Council wants to think about local
incentives. He just came from a meeting with Paramount Pictures on the premiere they
want to do about the Baywatch film that was partially filmed in Miami; approximately only
5% was filmed in Miami. He asked the Commissioners for help.
Commissioner Arriola asked what the State of Georgia is doing to attract the film
industry, as they seem to be doing very well. He inquired what obstacles are being faced
the film industry in Miami Beach, and what the Commission could help with, possibly
permitting, fees, or other ways to create incentives.
Graham Winick explained that Georgia has incentives with higher tax cuts; they have a
multiyear program so they can ensure programs such as television shows are locked in
on the same rates for several years. On the local level, they look at opportunities to ease
the process; the permit language and guidelines are restrictive in certain components,
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 114 of 115
such as residential uses. They are much easier in forgiving commercial uses. It is more
of challenge to find parking, equipment, and rentals nowadays.
Commissioner Steinberg believes it is a regional issue and recommended working with
other municipalities. Many times Miami Beach is used as a still backdrop, even if there
was no filming done in Miami Beach. She wants to work with the rest of the
municipalities across the State, to figure out how they get the incentives and work
together. She agreed there are areas that have challenges, even for residents there are
challenges.
Mayor Levine asked Graham Winick if would like to put together a plan and bring it to the
Commission.
Graham Winick believes that creating a plan would be best; they are evaluating what the
other cities and municipalities are doing both here and out of State.
Mayor Levine asked if they could try to get other municipalities to do the same in Miami-
Dade County, more of a unified package.
Commissioner Steinberg stated that as the liaison to the League of Cities, she would like
to bring the item up for discussion and possibly go to all League of Cities in the State.
Mayor Levine would like to bring more production to the South of Fifth.
Vice-Mayor Malakoff stated it is a serious issue and they have to do whatever they can
to keep the film industry here.
Commissioner Steinberg asked about the Print Industry.
Graham Winick stated they have seen a massive decline with the Print Industry over the
last decade. They have seen less magazines and newspaper; therefore, there has been
less fashion photography jobs needed.
Discussion held regarding the Miss Universe Pageant that was held in Doral.
Approved by acclamation for Mr. Winick to create a local incentive plan to attract the film
industry, and bring the plan back for Commission approval
After Action February 8, 2017 Commission Meeting City of Miami Beach
Page 115 of 115
R10 - City Attorney Reports
R10 A CITY ATTORNEY STATUS REPORT.
Office of the City Attorney
ACTION: Status report given.
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
Notices
1. MIAMI BEACH REDEVELOPMENT AGENCY (RDA) MEMBERS.
HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA.
2. USE OF AUDIO VISUAL EQUIPMENT IN THE COMMISSION CHAMBERS FOR
PRESENTATIONS DURING PUBLIC MEETINGS.
3. 2017 COMMISSION MEETING DATES.
4. ADVERTISEMENTS FOR THE FEBRUARY 8, 2017 COMMISSION MEETING.
Meeting adjourned at 6:10:00 p.m.
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